million. The estimated budget necessary for maintaining the street network is at approximately $10 million annually.
To prioritize streets for the PMP Five-year Look-ahead Plan, staff uses a combination of factors such as:
• Pavement Condition Index (PCI), for preventative and corrective maintenance.
Staff conducted field surveys to obtain real-time pavement distress conditions. • Average Daily Traffic (ADT) counts.
• Roadway segments with extensive City Maintenance staff activities. • Known forthcoming utility company work.
• Known approved development projects.
• Other City Capital Improvement Program (CIP) projects.
Heavy consideration is given to street segment PCI ratings and segments with extensive City Maintenance staff activities (i.e., pothole repairs). Additionally, in order to gain an economy of scale from bidding contractors, streets are grouped by proximity as best as possible to minimize construction costs. The PMP Five -year Look-ahead Plan is intended to provide a focus for the limited funding. It is not intended to be a rigid list of street segments that cannot be adjusted. If necessary, staff will bring forward any changes to the Plan for Council’s review at its future meetings.
The goal of the PMP Five -year Look -ahead Plan is to transition costly corrective maintenance activities to less -costly preventative maintenance activities. This is a recommended approach that has been utilized by most agencies when it comes to street pavement maintenance. Including preventative work (e.g., crack seal and slurry seal), not just corrective work , will help preserve and extend the useful life of the City’s largest asset at a lower cost. Additionally, with the inclusion of preventative maintenance work, City Maintenance staff resources can be redistributed to higher cost- benefit ratio activities (e.g., asphalt patchwork and crack sealing).
Approval of the recommended actions would support Objective 4 of the Momentum MoVal Strategic Plan: “M anage and maximize Moreno Valley’s public Infrastructure to ensure an excellent quality of life, develop and implement innovative, cost -effective infrastructure maintenance programs, public facilities management strategies, and capital improvement programming and project delivery.”
ALTERNATIVES
1. Approve the recommended actions as presented in this staff report. This alternative will provide staff with a Five -year Look -ahead Plan for Fiscal Years 2023-24 to 2027-28 with set priorities for roadway maintenance.
2. Do not approve the recommended actions as presented in this staff report and provide alternate direction to staff. This alternative may delay the roadway maintenance efforts and allow for City streets to continue deteriorating and resulting in higher repair costs.
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FISCAL IMPACT
There is no fiscal impact with the recommended action item.
NOTIFICATION
All utilities, adjacent property owners, business owners, law enforcement, fire department, and other emergency services responders in the area s affected by the pavement rehabilitation will be notified in a timely manner prior to the start of construction work.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Quang Nguyen, P.E. Melissa Walker, P.E.
Senior Engineer Public Works Director/City Engineer
Concurred By:
Harold Zamora, P.E.
Principal Engineer
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 mat erial incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.
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
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
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1. Five-Year Look-Ahead Pavement Management Plan FY 23-24 to 27-28
2. 5-YR Plan Street List (FY 2023-24 to FY 2027-28)
APPROVALS
Budget Officer Approval ✓ Approved . 3/10/23 11:11 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 3/11/23 12:49 PM A.17
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BAY AVE
DRACAEA AVEDRACAEA AVE
BAY AVE
BRODIAEA AVEBRODIAEA AVE
ELSWORTH ST
BAY AVE
GENTIAN AVE
KALMIA AVE
ELDER AVE
SPRINGS RD
VETERANS WY
KITCHING STKITCHING ST
HEACOCK ST
QUINCY ST
DELPHINIUM AVE
REDLANDS BLVD
CLARK ST
HIDDEN
DARWIN ST
RIVARD RD
MORTON RD
DAVIS ST
HEMLOCK AVE
HEMLOCK AVE
BAY AVE
BRODIAEA AVE
IRONWOOD AVE
JOHN F K
ENNEDY D
R
MERWIN ST
OLIVER ST
MORRISON ST
NASON ST
KRAMERIA AV
IRONWOOD AVE
INDIAN STINDIAN ST
LASSELLE ST
FILAREE AV
CACTUS AVE
PATRICIA ST
FIR AVE
ALESSANDRO BLVD
MORENO BEACH DR
PEARL LN
MANZANITA AVE
SAN MICHELE RD
NANDINA AVE
City of Moreno Valley
Public Works Department - Capital Projects Division
0 2,500 5,000 7,500 10,0001,250
Feet
LEGEND
STREETS COMPLETED SINCE FY2017-18 OR CURRENTY UNDER CONSTRUCTION
CITYWIDE PAVEMENT REHABILITATION AND PRESERVATION
5-YEAR LOOK-AHEAD PLAN (FY 2023-24 TO FY 2027-28)
Text
PROPOSED STREETS FOR FY 2023-24
PROPOSED STREETS FOR FY 2024-25
PROPOSED STREETS FOR FY 2025-26
PROPOSED STREETS FOR FY 2026-27
PROPOSED STREETS FOR FY 2027-28
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Attachment: Five-Year Look-Ahead Pavement Management Plan FY 23-24 to 27-28 (6161 : RECOMMENDED PAVEMENT MANAGEMENT PROGRAM FIVE-YEAR LOOK-AHEAD FOR FISCAL YEARS 2023-24 TO 2027-28)
5-YEAR LOOK-AHEAD PAVEMENT REHABILITATION AND PRESERVATION PLAN FISCAL YEARS 2023-24 TO FISCAL YEAR 2027-28
STREET LIST
DIST TRICT 1
NO. STREET NAME FROM TO
1 ABINGTON PL PAN AM BL WEST END
2 ACACIA AV DRACAEA AV ARBOR PARK LN
3 ADELINE AV EUCALYPTUS AV NORTH END
4 ADRIENNE AV ELSWORTH ST PRIDE LN
5 ALESSANDRO BL OLD 215 FRONTAGE RD DAY ST
6 ALLIES CT COURAGE ST PRIDE LN
7 ARBOR PARK LN EUCALYPTUS AV BLACK GUM ST
8 ATWOOD AV HEACOCK ST PERRIS BL
9 BERKSHIRE LN WEST END PAN AM BL
10 BLACK GUM ST HAWTHORN AV ARBOR PARK LN
11 BLACK WY POSTAL AV SUNNYMEAD AV
12 BOEING ST BAY AV ADRIENNE AV
13 BUCKTHORN DR IRONWOOD AV ZOE DR
14 CALLE SAN JUAN DE LOS LAGOS VETERANS WY FREDERICK ST 15 CHERRYLAUREL AV DRACAEA AV WITCHHAZEL AV
16 COFFETREE ST WITCHHAZEL AV GOLDENCHAIN ST
17 CORPORATE WY CALLE SAN JUAN DE LOS LAGOS RESOURCE Wy 18 COTTONWOOD AV DAY ST ELSWORTH ST
19 COURAGE ST BAY AV ALESSANDRO BL
20 CRABAPPLE ST SASSAFRASS ST MAIDENHAIR ST
21 DAY ST COTTONWOOD AV ALESSANDRO BL
22 DRACAEA AV INDIAN ST PERRIS BL
23 DRACAEA AV ARBOR PARK LN ELSWORTH ST
24 EDGEMONT ST EUCALYPTUS AV COTTONWOOD AV
25 ELSWORH STREET ALESSANDRO BL COTTONWOOD AV
26 EMPRESS ST ACACIA AV ACACIA AV
27 EUCALYPTUS AV HEACOCK ST INDIAN ST
28 EUCALYPTUS AV TOWNGATE BL GRAHAM ST
29 FRINGE ST HAWTHORN AV ELSWORTH ST
30 GLORYBOWER ST COTTONWOOD AV WITCHHAZEL AV
31 GOLDENCHAIN ST COFFETREE ST SOURWOOD AV
32 GRANT ST ALESSANDRO BL SHERMAN AV
33 HAWTHORN AV BLACK GUM ST ARBOR PARK LN
34 HELMSDALE ST ATWOOD AVE SOUTH END
35 HERITAGE WY TOWN CIR TOWNGATE BL
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Attachment: 5-YR Plan Street List (FY 2023-24 to FY 2027-28) (6161 : RECOMMENDED PAVEMENT MANAGEMENT PROGRAM FIVE-YEAR
36 HICKORY WY WITCHHAZEL AV CHERRYLAUREL AV
37 HONEYLOCUST AV SILVERBELL LN ACACIA AV
38 INDIAN ST HEMLOCK AV IRONWOOD AV
39 LARCH ST CRABAPPLE ST ELSWORTH ST
40 LEE ST FIR AV MYERS AV
41 LIBERTY LN ATWOOD AVE EUCALYPTUS AV
42 LILAC CT PEASHRUB AV WEST END
43 LORAINE TER SUNNYMEAD BL NORTH END
44 MAIDENHAIR ST CRABAPPLE ST WEST END
45 MCDONNEL ST BAY AV ADRIENNE AV
46 MEAD CT MYERS AV NORTH END
47 MEMORIAL WY TOWN CIR EUCALYPTUS AV
48 MIMOSA LN COFFETREE ST COFFETREE ST
49 MYERS AV HEACOCK ST PERRIS Bl
50 PAGODA WY DRACAEA AV WITCHHAZEL AV
51 PAN AM BL EUCALYPTUS AV ADRIENNE AV
52 PEASHRUB AV MAIDENHAIR ST DRACAEA AV
53 PEPPER ST ALESSANDRO BL SHERMAN AV
54 POSTAL AV HEACOCK ST EAST END
55 PRIDE LN ALLIES CT ADRIENNE AV
56 RACKET CT ZOE DR NORTH END
57 REDWOOD LN ARBOR PARK LN SUMMER HOLLY AV
58 RESOURCE WY CORPORATE WY FREDERICK ST
59 ROSS ST FIR AV MYERS AV
60 RUBY CT MYERS AV NORTH END
61 SASSAFRASS ST MAIDENHAIR ST CRABAPPLE ST
62 SILVERBELL LN ARBOR PARK LN ACACIA AV
63 SNOWBELL LN HAWTHORN AV DRACAEA AV
64 SOURWOOD AV GOLDENCHAIN ST WITCHHAZEL AV
65 SUMMER HOLLY AV NORTH END SOUTH END
66 SWEETGUM AV ACACIA AV ARBOR PARK LN
67 WEBSTER AV HEACOCK ST INDIAN ST
68 WITCHHAZEL AV BLACK GUM ST COFFETREE ST
69 YELLOWWOOD ST DRACAEA AV SOUTH END
70 ZOE DR BUCKTHORN DR GRAHAM ST
DISTRICT 2
NO. STREET NAME FROM TO
71 ABBEY LN PERRIS BLV PALOS GRANDE WY
72 AIROSA PL TARARA DR MENDOZA RD
73 ALCORN DR COLUMBO ST WINDING RD
74 ALDREN CT MARK RD NORTH END
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Attachment: 5-YR Plan Street List (FY 2023-24 to FY 2027-28) (6161 : RECOMMENDED PAVEMENT MANAGEMENT PROGRAM FIVE-YEAR
75 ALPHA ST COLEMAN ST LOMBARDY LN
76 ALTA VISTA DR MOUNTAIN CREST DR EAST END
77 AMBER HILL TR HAWKWOOD TR HEMLOCK AV
78 ANEMONE CIR NORTH END WILD CALLA DR
79 ARENISCA VERDE DR NORTH END LAS PALOMAS DR
80 ASPENWOOD CT KAYAL AV EAST END
81 ATHENS DR IRONWOOD AV NAPLES DR
82 BADGER SPRINGS TR HEACOCK ST DAVIS ST
83 BARCLAY DR IRONWOOD AV SCARLET SAGE WY
84 BELFRY CIR HINSON ST EAST END
85 BETHANY CIR HINSON ST EAST END
86 BIANCA CT KITCHING ST WEST END
87 BLUE JAY CT NORTH END SOUTH END
88 BLUE LUPIN LN CLIMBING ROSE DR NORTH END
89 BLUEWOOD PL SANDY GLADE AV NORTH END
90 BOCCACCIO CT WORDSWORTH RD EAST END
91 BREEZY MEADOW CT QUAILGLEN RD EAST END
92 BREEZY MEADOW DR STONY CREEK WY QUAILGLEN RD
93 BREWSTER DR CORONADA DR ELDER AV
94 BRIDGER ST LASSELLE ST NORTH END
95 BRONZE DR LOREZ DR EAST END
96 CALLE MONACO CLARK ST CLARK ST
97 CALLE PRIMA SOUTH END MINDORA DR
98 CANDLE BUSH CT HYACINTH LN EAST END
99 CANDLENUT CT THORNBERRY CR EAST END
100 CAPE CT ELDER AV NORTH END
101 CASA LINDA PL MORRISON ST NORTH END
102 CATMINT CIR WEST END MEDLEY DR
103 CATTAIL LN SNAPDRAGON LN BLUE LUPIN LN
104 CEDAR TREE DR REDBARK DR PINE FIELD DR
105 CHAMOMILE CIR CLIMBING ROSE DR NORTH END
106 CHAUCER ST GREYSON RD TENNYSON RD
107 CITRUS CT SHALU AV SOUTH END
108 CLIMBING ROSE DR BARCLAY DR PIGEON PASS RD
109 CLOUDBURST TR MESA TOP TR NORTH END
110 COLEMAN ST JACLYN AV ALPHA ST
111 COLUMBO ST WINDING RD SOUTH END
112 CONSTANTINE CIR SPRING CREST RD NORTH END
113 COOL CT ELDER AV NORTH END
114 CORONADA DR LASSELLE ST SCOTT VICTOR CR
115 COUNT FLEET CT GALLANT DR NORTH END
116 COUNTRY FLOWER LN BLUE LUPIN LN CLIMBING ROSE DR
117 DAY ST BOX SPRINGS RD SPRING CREST RD
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Attachment: 5-YR Plan Street List (FY 2023-24 to FY 2027-28) (6161 : RECOMMENDED PAVEMENT MANAGEMENT PROGRAM FIVE-YEAR
118 DEANA CT EAST END WOODBRIAR DR
119 DEEP VALLEY TR HEMLOCK AV MESA TOP TR
120 DEL AMO ST WEST END EAST END
121 DICKINSON RD WORDSWORTH RD CLARK ST
122 DIEGO CT ABBEY LANE NORTH END
123 DUNBAR CT EAST END WOODBRIAR DR
124 ELIOT AV LASSELLE ST CORONADA DR
125 ELM FIELD DR HAZELWOOD DR OAK FIELD DR
126 FELT CT ELDER AV NORTH END
127 FENIMORE DR HINSON ST HEMLOCK AV
128 FICUS CT KAYAL AV EAST END
129 FLINTLOCK TR LONE MESA TR HAWKWOOD TR
130 FRAN LOU DR PERRIS BL EAST END
131 FRAN LOU DR KITCHING ST WEST END
132 FRANKHALE RD DICKINSON RD TENNYSON RD
133 FRANKLIN ST LOREZ DR IRONWOOD AV
134 GAIN CT ELDER AV END
135 GALLANT FOX DR PENUNURI WY CHAUCER ST
136 GARNET LN BRONZE DR IRONWOOD AV
137 GLADWAY CT MADOLE DR NORTH END
138 GRASS VALLEY CIR BREEZY MEADOW CT NORTH END
139 GREEN GLEN ST SANDY GLADE AV NORTH END
140 GREYSON RD TENNYSON RD NORTH END
141 GROVEN LN DAVIS ST LANCEWOOD DR
142 HAWKWOOD TR FLINTLOCK TR AMBER HILL TR
143 HAZELWOOD DR CEDAR TREE DR PINE FIELD DR
144 HELENE DR MORRISON ST NORTH END
145 HEMLOCK AVE PETTIT ST EAST END
146 HERITAGE DR CLIMBING ROSE DR IRONWOOD AV
147 HERMINIA CT LOCUST AV NORTH END
148 HIGH MEADOW DR LAKE VALLEY DR VILLAGE RD
149 HILL GRASS DR MEADOW GRASS WY WILD CALLA DR
150 HINSON ST HEMLOCK AV IRONWOOD AV
151 HOPE CR SANDRIA AV WEST END
152 HYACINTH LN PEPPERMILL DR WIND FLOWER DR
153 IVY LN IRONWOOD AV VALLEY VIEW LN
154 IVY SPRING CT MESA SPRINGS WY NORTH END
155 JACLYN AVE PERRIS BL EAST END
156 JAFFA WY TANGERINE RD KITCHING ST
157 JASMINE CT EAST END ANEMONE CR
158 JASON PL SLAWSON AV WEST END
159 JAVIER PL SLAWSON AV WEST END
160 JENNINGS CT MORTON RD EAST END
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Attachment: 5-YR Plan Street List (FY 2023-24 to FY 2027-28) (6161 : RECOMMENDED PAVEMENT MANAGEMENT PROGRAM FIVE-YEAR
161 KAYAL AV KALMIA ST SHALU AV
162 KERNWOOD DR EAST END HEACOCK ST
163 KITCHING ST FRAN LOU DR NORHT END
164 KITCHING ST IRONWOOD AV NORTH END
165 LAKE VALLEY DR BREEZY MEADOW CT SHADY GLADE RD
166 LAMAYO AVE COLEMAN ST LOMBARDY LN
167 LANCEWOOD DR KERNWOOD DR NORTH END
168 LANDS END WORDSWORTH RD EAST END
169 LANGTRY CIR SAND CREEK TR SOUTH END
170 LAS PALOMAS DR VISTA HERMOSA DR KITCHING ST
171 LASSELLE ST ELDER AV IRONWOOD AV
172 LAURELWOOD PL KAYAL AV EAST END
173 LAURIE ST EAST END SLAWSON AV
174 LEAFWOOD DR VIA DE PALMAS AV WOODBRIAR DR
175 LILY CT KAYAL AV EAST END
176 LONE MESA TR WESTERLY TR FLINTLOCK TR
177 LORD MURPHY CT MORTON RD EAST END
178 LOREZ DR BRONZE DR ELDER AV
179 LOS OLIVOS DR JACLYN AV ALTA VISTA DR
180 LUXURY STREET PERRIS BL COLEMAN ST
181 MADOLE DR LANCEWOOD DR GROVEN LN
182 MALLORCA WY MENDOZA RD VILLAGE RD
183 MANZANITA AVE WEST END EAST END
184 MARBLE DR LOREZ DR EAST END
185 MARK RD TWILIGHT WY RAYMOND RD
186 MARMONT PL ELDER AV NORTH END
187 MARSTON CT DICKINSON RD EAST END
188 MATTHEWS RD IRONWOOD AV NORTH END
189 MEADOW GRASS WY HYACINTH LN HILL GRASS DR
190 MEDLEY DR IRONWOOD AV CLIMBING ROSE DR
191 MENDOZA DR TONADA LN TONADA LN
192 MESA SPRINGS WY HIDDEN SPRINGS DR SHADOWRIDGE LN
193 MESA TOP TR DEEP VALLEY TR PRAIRIE WIND TR
194 MILKWEED WY RIDGEFIELD TER VILLAGE RD
195 MILKWOOD DR VILLAGE RD CEDAR TREE DR
196 MINDORA DR CALLE MONACO NORTH END
197 MOHAVE CT BREEZY MEADOW DR NORTH END
198 MONICO DR DAY ST EAST END
199 MOUNTAIN CREST DR PICO VISTA WY ALTA VISTA DR
200 MUSKEG WY WILD CALLA DR THORNBERRY CR
201 NAPLES DR CONSTANTINE CR BARCLAY DR
202 NARANJA ST ROJA ST CLIMBING ROSE DR
203 NAVEL AV SHALU AV NORTH END
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Attachment: 5-YR Plan Street List (FY 2023-24 to FY 2027-28) (6161 : RECOMMENDED PAVEMENT MANAGEMENT PROGRAM FIVE-YEAR
204 NIGHT SHADOW DR MARK RD MANZANITA AV
205 NOTNIL CT MADOLE DR NORTH END
206 OAK CT SLAWSON AV EAST END
207 OAK FIELD DR ELM FIELD DR HAZELWOOD DR
208 OAK KNOLL DR HAZELWOOD DR REDBARK DR
209 O'CASEY CT DICKINSON RD NORTH END
210 OLYMPUS CT SANDRIA ST WEST END
211 PALOS GRANDE WY IRONWOOD AV ABBEY LN
212 PARTON CT WEST END VIA DE PALMAS AV
213 PASEO DEL SOL WY NORTH END LAS PALOMAS DR
214 PENUNURI WY MORTON RD EAST END
215 PETTIT ST SOUTH END IRONWOOD AV
216 PICO VISTA WY PERRIS BL NORHT END
217 PIMLICO WY WINDING RD NORTH END
218 PINE FIELD DR CEDAR TREE DR REDBARK DR
219 PINZON CT LASSELLE ST NORTH END
220 PLUMTREE CT THORNBERRY CR EAST END
221 POPLAR CT SLAWSON AV EAST END
222 POPPY FIELD CIR BREEZY MEADOW CT END
223 POPPY MEADOW DR MENDOZA RD LAKE VALLEY DR
224 PORTOFINO WY VILLAGE RD MENDOZA DR
225 PRAIRIE WIND TR MESA TOP TR HEMLOCK AV
226 QUAILGLEN RD LAKE VALLEY DR BREEZY MEADOW CT
227 RAYMOND RD LOCUST AV NORTH END
228 REDBARK DR VILLAGE RD PINE FIELD DR
229 RIDGEFIELD TER STONY CREEK WY BREEZY MEADOW DR
230 RIVIERA CT ALPHA ST NORTH END
231 ROADRUNNER LN DIEGO CT PALOS GRANDE WY
232 ROCK ROSE PL WIND FLOWER DR JASMINE CT
233 ROJA ST CLIMBING ROSE DR SCARLET SAGE WY
234 ROSE MEADOW CT QUAILGLEN RD WEST END
235 ROSELEAF PL GREEN GLEN ST NORTH END
236 ROWENA DR CALLE PRIMA PIMLICO WY
237 SAGEWOOD PL SANDY GLADE AV NORTH END
238 SAND CREEK TR KITCHING ST WESTERLY TR
239 SANDRIA AV CASA LINDA PL HELENE DR
240 SANDY GLADE AVE HEACOCK ST DAVIS ST
241 SCARLET SAGE WY WEST END CLIMBING ROSE DR
242 SCOTT VICTOR CR WEST END EAST END
243 SETON PL TABOR DR EAST END
244 SHADOWRIDGE LN SPRINGMIST DR MESA SPRINGS WY
245 SHADY GLADE RD BREEZY MEADOW CT LAKE VALLEY DR
246 SHAGBARK RD WILD CALLA DR THORNBERRY CR
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Attachment: 5-YR Plan Street List (FY 2023-24 to FY 2027-28) (6161 : RECOMMENDED PAVEMENT MANAGEMENT PROGRAM FIVE-YEAR
247 SHAKESPEARE CT DICKINSON RD EAST END
248 SHALU AV KITCHING ST SLAWSON AV
249 SHERWOOD CR SANDRIA AV WEST END
250 SLAWSON AV KALMIA ST IRONWOOD AV
251 SNAPDRAGON LN TEA ROSE LN CATTAIL LN
252 SPRING CREST RD ATHENS DR DAY ST
253 SPRINGMIST DR SHADOWRIDGE LN SPRINGMIST CR
254 SPRUCEWOOD PL SLAWSON AV WEST END
255 STAR JASMINE CIR TEA ROSE LN NORTH END
256 STONY CREEK WY BREEZY MEADOW DR RIDGEFIELD TER
257 SUMMER GREEN CT GALLANT DR NORTH END
258 SWAN ST BLUE JAY CT PIGEON PASS RD
259 SWEET CLOVER CIR BREEZY MEADOW DR EAST END
260 SWEETPEA CIR WEST END MEDLEY DR
261 TABOR DR KERNWOOD DR IRONWOOD AV
262 TANGERINE RD NAVEL AV KITCHING ST
263 TARARA DR MENDOZA DR MENDOZA RD
264 TASMAN ST CORONADA DR VIA DE PALMAS AV
265 TEA ROSE LN CHAMOMILE CR BLUE LUPIN LN
266 TEAKWOOD CIR HAZELWOOD DR NORTH END
267 TENNYSON RD WORDSWORTH RD GREYSON RD
268 THORNBERRY CIR EAST END SHAGBARK RD
269 TONADA LN MENDOZA DR MENDOZA RD
270 TROPIC CT ALPHA ST NORTH END
271 TURQUOISE LN LOREZ DR EAST END
272 TUSCOLA ST SHALU AV IRONWOOD AV
273 TWILIGHT WY LOCUST AV NORTH END
274 TYLER RD GREYSON RD TENNYSON RD
275 VALARIE CT LEAFWOOD DR NORTH END
276 VALLEY VIEW LN IVY LN EAST END
277 VIA AMADOR VIA PAVON VIA PASTORAL
278 VIA APOLINA VIA PAVON VIA MONTEGO
279 VIA DE PALMAS AV CASA LINDA PL ELDER AV
280 VIA MONTEGO VIA APOLINA OLD LAKE RD
281 VIA PAJARO VIA SAUSALITO VIA MONTEGO
282 VIA PASTORAL VIA APOLINA VIA AMADOR
283 VIA PAVON VIA APOLINA SUNNYMEAD RANCH PY
284 VIA SAUSALITO VIA APOLINA VIA PAJARO
285 VILLAGE RD SUNNYMEAD RANCH PY SUNNYMEAD RANCH PY
286 VISTA DE CERROS DR IRONWOOD AV VIA DE PALMAS AV
287 VISTA HERMOSA DR HEMLOCK AV LAS PALOMAS DR
288 WESTERLY TR HEMLOCK AV LONE MESA TR
289 WHITE LILY CIR YELLOW IRIS WY WEST END
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Attachment: 5-YR Plan Street List (FY 2023-24 to FY 2027-28) (6161 : RECOMMENDED PAVEMENT MANAGEMENT PROGRAM FIVE-YEAR
290 WHITE SAND TR PETTIT ST EAST END
291 WILD CALLA DR ANEMONE CR HILL GRASS DR
292 WILD GERANIUM LN YELLOW IRIS WY MEDLEY DR
293 WIND FLOWER DR HILL GRASS DR HYACINTH LN
294 WIND RIVER CIR SOUTH END LANGTRY CR
295 WINDING RD PIMLICO WY CLARK ST
296 WISTERIA LN ANEMONE CR HILL GRASS DR
297 WOODBRIAR DR ELDER AV SCOTT VICTOR CR
298 WOOLF CT FRANKHALE RD EAST END
299 WORDSWORTH RD MORTON RD MORTON RD
300 YELLOW IRIS WY IRONWOOD AV CLIMBING ROSE DR
301 YOLO ST WINDING RD CALLE PRIMA
DISTRICT 3
NO. STREET NAME FROM TO
302 ADIOS ST SEA BISCUIT ST BAY AV
303 AGAVE ST CACTUS AV DELPHINIUM AV
304 ALEPPO WY AGAVE ST WEST END
305 ALPINE ST ANISE ST JIM DR
306 ANDRE CT FELISA ST EAST END
307 ANISE ST ALPINE ST NINEBARK ST
308 ANTILLES DR ARUBA PL ARGONAUT DR
309 ARCARO ST COTTONWOOD AV WAR ADMIRAL ST
310 ARDOS ST FIR AV RAENETTE WY
311 ARGONAUT DR ANTILLES DR RIO HONDO DR
312 ARUBA PL ERICSON DR NORTH END
313 ATWOOD AVE SWEETFERN ST KITCHING ST
314 BANTA PL SAMPLE CT LASSELLE ST
315 BARBAZON DR FIR AV EUCALYPTUS AV
316 BARTRAM CT NINEBARK ST EAST END
317 BEEJA CT PEPPERBUSH DR WEST END
318 BENCLIFF AV ATWOOD AV SOUTH END
319 BENDER DR RAENETTE WY EUCALYPTUS AV
320 BERNARD CT BANTA PL NORTH END
321 BILLIE DR CHOLLA DR PARKWOOD CT
322 BIRCHWOOD DR DRACAEA AV WATSON WY
323 BLACK WALNUT ST MANGOWOOD DR KITCHING ST
324 BLUELEAF ST EAST END NINEBARK ST
325 BORDEAUX CT BARBAZON DR SOUTH END
326 BOSTWICK SAINT JAMES DR PERHAM DR
327 BRUMELIA CT VELVETLEAF ST WEST END
328 CASCO CT BRODIAEA AV NORTH END
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Attachment: 5-YR Plan Street List (FY 2023-24 to FY 2027-28) (6161 : RECOMMENDED PAVEMENT MANAGEMENT PROGRAM FIVE-YEAR
329 CAYENNE CT NINEBARK ST EAST END
330 CEDARBROOK AVE WILLOW TREE AV KITCHING ST
331 CHARA ST ALESSANDRO BL NORTH END
332 CHARITY CT WEST END KYLE DR
333 CHERVIL CT ALESSANDRO BL NORTH END
334 CHIPMAN HILL CT RIO BRAVO RD WEST END
335 CHOLLA DR BILLIE DR CACTUS AV
336 CLOVELLY CT RIO BRAVO RD WEST END
337 COCHITI DR TAUPE AV CACTUS AV
338 COGNAC LN FIR AV LEMANS DR
339 CORALBERRY ST WEDMORE DR EUCALYPTUS AV
340 CRAPE MYRTLE DR COTTONWOOD AV MICHELE LN
341 CUMIN ST TIMO ST BAY AV
342 DAIMLER ST BAY AV MARGARITA ST
343 DAPHNE CT VELVETLEAF ST WEST END
344 DE SOTO PL STONEYBROOK DR NORTH END
345 DEERBERRY DR NINEBARK ST WINTERBERRY DR
346 DESERT WILLOW DR AGAVE ST WEST END
347 DRACAEA PERRIS BL KITCHING ST
348 DRAKE DR PATRICIA ST KYLE DR
349 EDELWEISS PL NORTH END STONEYBROOK DR
350 ERICSON DR MAGELLAN DR RIO GRANDE DR
351 FELISA ST EUCALYPTUS AV BLUELEAF ST
352 FERNBUSH ST SWEETFERN ST SWEETSPICE ST
353 FINLEY DR POWELL PL BRODIAEA AV
354 FONTAINEBLEAU DR LEMANS DR PERRIER DR
355 FRUIT TREE ST RED BERRY ST MANGOWOOD DR
356 GORGONIO WY AGAVE ST WEST END
357 HENRY CT WEST END KYLE DR
358 HOLLYBERRY LN NINEBARK ST WINTERBERRY DR
359 JIM DR NUTMEG ST LASSELLE ST
360 KYLE DR MICHELE LN DRACAEA AV
361 LAMONT DR EAST END PERHAM DR
362 LANCIA ST LASSELLE ST DAIMLER ST
363 LASSELLE ST COTTONWOOD AV ALESSANDRO BL
364 LEMANS DR BARBAZON DR MONTECELLO DR
365 MAGELLAN DR STONEYBROOK DR ERICSON DR
366 MANGOWOOD DR BAY AV BLACK WALNUT ST
367 MARGARITA ST TERRA BELLA AV NINEBARK ST
368 MAY LN SOUTH END CACTUS AV
369 MENOMINEE CT PARKWOOD CT WEST END
370 MICHELE LN WEST END KYLE DR
371 MINNETONKA CT PARKWOOD CT WEST END
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Attachment: 5-YR Plan Street List (FY 2023-24 to FY 2027-28) (6161 : RECOMMENDED PAVEMENT MANAGEMENT PROGRAM FIVE-YEAR
372 MONTECELLO DR LEMANS DR EUCALYPTUS AV
373 MOONSEED ST RAENETTE WY PEPPERBUSH DR
374 NINEBARK ST COTTONWOOD AV FIR AV
375 NINEBARK ST MARGARITA ST COTTONWOOD AV
376 NUTMEG ST NINEBARK ST ANISE ST
377 OCONTO CT PARKWOOD CT WEST END
378 OILNUT CT MOONSEED ST NORTH END
379 ORLEANS DR PERRIER DR LEMANS DR
380 PAPRIKA CT TIMO ST NORTH END
381 PARKWOOD CT DELPHINIUM AV CACTUS AV
382 PATRICIA ST DRACAEA AV DRAKE DR
383 PEPPERBUSH DR EUCALYPTUS AV TURMERIC WY
384 PERHAM CT BRODIAEA AV NORTH END
385 PERHAM DR DELPHINIUM AV FINLEY DR
386 PERRIER DR MONTECELLO DR BARBAZON DR
387 PICAROY PL ORLEANS DR WEST END
388 PINEBROOK CT CEDARBROOK AV NORTH END
389 POWELL PL HEACOCK ST EAST END
390 RAENETTE WY TURMERIC WY NORTH END
391 RAILTON ST LANCIA ST DAIMLER ST
392 RED BERRY ST BLACK WALNUT ST FRUIT TREE ST
393 REDBAY LN TWINFLOWER CT NINEBARK ST
394 RIO BRAVO RD CACTUS AV DELPHINIUM AV
395 RIO GRANDE DR JOHN F. KENNEDY DR NORTH END
396 RIO HONDO DR RIO GRANDE DR CACTUS AV
397 ROSEBAY CT EAST END RAENETTE WY
398 SAINT JAMES DR INDIAN ST PERHAM DR
399 SAMPLE CT EUCALYPTUS AV NORTH END
400 SEA BISCUIT ST SWAPS ST EAST END
401 ST CHRISTOPHER LN END PERRIS BL
402 STONEYBROOK DR RIO GRANDE DR MAGELLAN DR
403 SWAPS ST WAR ADMIRAL ST SEA BISCUIT ST
404 SWEETFERN ST DRACAEA AV NORTH END
405 SWEETSPICE ST FERNBUSH ST EUCALYPTUS AV
406 TACOMA ST ATWOOD AV DRACAEA AV
407 TAUPE AVE RIO BRAVO RD COCHITI DR
408 TIMO ST LASSELLE ST WEST END
409 TOBY CT BRODIAEA AV NORTH END
410 TRAVERS CT POWELL PL NORTH END
411 TURMERIC WY RAENETTE WY PEPPERBUSH DR
412 TWINFLOWER CT DRACAEA AV NORTH END
413 VELVETLEAF ST FIR AV RAENETTE WY
414 VINCENTE DR POWELL PL NORTH END
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Attachment: 5-YR Plan Street List (FY 2023-24 to FY 2027-28) (6161 : RECOMMENDED PAVEMENT MANAGEMENT PROGRAM FIVE-YEAR
415 WAR ADMIRAL ST SWAPS ST EAST END
416 WATSON WY BIRCHWOOD DR EAST END
417 WEDMORE DR KITCHING ST SOUTH END
418 WILLOW TREE AVE FIR AV CEDARBROOK AV
419 WINTERBERRY DR DEERBERRY DR WOLFBERRY DR
420 WOLFBERRY DR WINTERBERRY DR NINEBARK ST
421 ZENOBIA CT REDBAY LN NORTH END
DISTRICT 4
NO. STREET NAME FROM TO
422 ABAZO DR CAMINO LARGO CAMINO FLORES
423 ADOBE WY VIA DE LA REAL SOUTH END
424 AGUILA PASS CASA ENCANTADOR RD CABALLO RD
425 ALOSTA LN CASA ENCANTADOR RD SOUTH END
426 ANDALUSIAN CT CALICO LN SOUTH END
427 ARABIAN CT EAST END BRONCO LN
428 AROBLES CT GENTIAN AV SOUTH END
429 AUTUMN CR LEGENDARY DR WEST END
430 AVENIDA ANILLO CALLE LUNA NORTH END
431 AVENIDA CLASSICA LASSELLE ST CAMINO SONRISA
432 AVENIDA DE PLATA CALLE RIO VISTA LASSELLE ST
433 AVENIDA DE PORTUGAL CAMINO FLORES CASA ENCANTADOR RD 434 AVENIDA ESPALDAR CALLE RIO VISTA LASSELLE ST
435 AVENIDA FIESTA CALLE LUNA NORTH END
436 BALANCIN WY ALOSTA LN CABALLO RD
437 BALANCIN WY ALOSTA LN CABALLO RD
438 BALANCIN WY ALOSTA LN CABALLO RD
439 BARONA CT CALLE LUNA END
440 BELLO WY GENTIAN AV BALANCIN WY
441 BLAZER CT EAST END TACK LN
442 BOGOSO LN CALLE ROSA NORTH END
443 BRASA LN BALANCIN WY SOUTH END
444 BRONCO LN CREMELLO WY ROJO TIERRA
445 BUCKBOARD LN SILVERADO CT THOROUGHBRED LN
446 CABALLO RD AGUILA PASS GENTIAN AV
447 CALICO LN CLEVELAND BAY WY ANDALUSIAN CT
448 CALLE AGUA CALLE AURORA LASSELLE ST
449 CALLE ALTO CABALLO RD CALLE CAMELIA
450 CALLE AURORA KRAMERIA AV CALLE AGUA
451 CALLE BELDING AVENIDA ANILLO AVENIDA DE PORTUGAL
452 CALLE CAMELIA CASA ENCANTADOR RD CAMINO FLORES
453 CALLE CAPISTRANO CORTE SAN LEANDRO NORTH END
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Attachment: 5-YR Plan Street List (FY 2023-24 to FY 2027-28) (6161 : RECOMMENDED PAVEMENT MANAGEMENT PROGRAM FIVE-YEAR
454 CALLE CASTANO CAMINO FLORES NORTH END
455 CALLE DE AMIGOS CAMINO ROSADA AVENIDA ESPALDAR
456 CALLE ENSENADA CAMINO SONRISA EAST END
457 CALLE FUEGO VIA IMPRESSO VIA ULTIMO
458 CALLE LUNA VIA RIO AVENIDA FIESTA
459 CALLE RIO VISTA MAGNIFICA CT NORTH END
460 CALLE ROSA BOGOSO LN CAMINO FLORES
461 CALLE SERENA KRAMERIA AV CALLE AGUA
462 CALLE VEJAR AVENIDA FIESTA AVENIDA ANILLO
463 CAMINO DEL REY LASSELLE ST NORTH END
464 CAMINO FLORES IRIS AV AVENIDA DE PORTUGAL
465 CAMINO LARGO CASA ENCANTADOR RD ABAZO DR
466 CAMINO QUINTANA CALLE DE AMIGOS LASSELLE ST
467 CAMINO ROSADA CAMINO SONRISA CAMINO SAN SIMEON
468 CAMINO SAN SIMEON CAMINO ROSADA SOUTH END
469 CAMINO SONRISA AVENIDA CLASSICA CORTE SOLEDAD
470 CASA ENCANTADOR RD LASSELLE ST AVENIDA DE PORTUGAL
471 CAVALCADE DR CREMELLO WY EQUESTRIAN WY
472 CHAPPARAL WY SADDLEBRED LN HOLSTEIN DR
473 CHARISMATIC CT CREMELLO WY EAST END
474 CITATION CR RIVA RIDGE DR END
475 CLEARWATER DR SMOKE TREE PL EMMA LN
476 CLEVELAND BAY WY CREMELLO WY FILLY LN
477 CLYDESDALE LN WEST END EAST END
478 COACHLIGHT CT THOROUGHBRED LN IRIS AV
479 COLT WY STALLION RD CLYDESDALE LN
480 CORONET CR WITHERS WY WEST END
481 CORTE ANTIGUA CAMINO SONRISA EAST END
482 CORTE SAN LEANDRO CAMINO DEL REY CORTE SOLEDAD
483 CORTE SOLEDAD VIA ELEGANTE NORTH END
484 COYOTE SPRINGS CT PALOMINO LN SOUTH END
485 CREMELLO WY ROJO TIERRA LASSELLE ST
486 DARTMOOR CR STALLION RD NORTH END
487 DE LA VEGA CT LA PALMA WY EAST END
488 EMMA LN IRIS AV KRAMERIA AV
489 EQUESTRIAN WY RIVA RIDGE DR KENTUCKY DERBY DR
490 FILLY LN CLEVELAND BAY WY FOX TROT LN
491 FIRE ROCK LN SILVERADO CT IRIS AV
492 FOX TROT LN FILLY LN SHETLAND LN
493 FUENTE CT CALLE RIO VISTA EAST END
494 FUNNY CIDE CT EQUESTRIAN WY NORTH END
495 GALT WY WITHERS WY LASSELLE ST (NB)
496 GELDING WY MARE LN KRAMERIA AV
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Attachment: 5-YR Plan Street List (FY 2023-24 to FY 2027-28) (6161 : RECOMMENDED PAVEMENT MANAGEMENT PROGRAM FIVE-YEAR
497 GENTIAN AV LASSELLE ST CAMINO FLORES
498 GLENBROOK CT SMOKE TREE PL EAST END
499 GOYA AVE WEST END EMMA LN
500 GRANDE ISLA CIR NORTH END SOUTH END
501 HACIENDA CT CALLE RIO VISTA EAST END
502 HACKNEY CT CLYDESDALE LN SOUTH END
503 HAFLINGER CT TACK LN EAST END
504 HITCHING POST ST OLD ANVIL LN PRAIRIE LN
505 HOLSTEIN DR VIA XAVIER TACK LN
506 HORSESHOE ST SILVERADO CT PRAIRIE LN
507 ISLA MARIA CIR NORTH END CALLE AGUA
508 JEFFREY CR LEGENDARY DR WEST END
509 KENTUCKY DERBY DR LASSELLE ST NORTH END
510 KRAMERIA AV LASSELLE ST CAHUILLA DR
511 LA CASA DR ADOBE WY VIA SONATA
512 LA PALMA WY VIA DE LA REAL ADOBE WY
513 LARIAT LN PRAIRIE LN THOROUGHBRED LN
514 LEGENDARY DR JOHN F. KENNEDY DR SOUTH END
515 LEGENDARY ST JOHN F. KENNEDY DR VIA SONATA
516 LIPIZZANER LN WITHERS WY COLT WY
517 MAGNIFICA CT CALLE RIO VISTA EAST END
518 MARE LN QUARTER HORSE RD GELDING WY
519 MUSTANG CT WELSH CT EAST END
520 NANDINA AV HEACOCK ST INDIAN ST
521 NUBLADO CIR EAST END CALLE SERENA
522 OLD ANVIL LN SAGE CT EAST END
523 ONDA CIR CALLE AGUA SOUTH END
524 PALOMINO LN VIA ULTIMO CALLE AGUA
525 PERCHERON CR CLEVELAND BAY WY EAST END
526 PERRIS BL STORM DRAIN LATERAL A CITY LIMIT
527 PINTO CT BRONCO LN EAST END
528 PONDEROSA ST THOROUGHBRED LN IRIS AV
529 PRAIRIE LN HITCHING POST ST LARIAT LN
530 QUARTER HORSE RD MARE LN KRAMERIA ST
531 RANCHO BAJA LA PALMA WY EAST END
532 RIVA RIDGE DR SPECTACULAR BID RD SOUTH END
533 ROJO TIERRA LASSELLE ST CREMELLO WY
534 SADDLEBRED LN TACK LN CHAPPARAL WY
535 SAGE CT THOROUGHBRED LN NORTH END
536 SAN MICHELE RD HEACOCK ST PERRIS BL
537 SHELLIE WY OLIVER ST LEGENDARY DR
538 SHETLAND LN FOX TROT LN COLT WY
539 SILVERADO CT EAST END HORSESHOE ST
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Attachment: 5-YR Plan Street List (FY 2023-24 to FY 2027-28) (6161 : RECOMMENDED PAVEMENT MANAGEMENT PROGRAM FIVE-YEAR
540 SMOKE TREE PL GOYA AV CLEARWATER DR
541 SPECTACULAR BID RD CREMELLO WY RIVA RIDGE DR
542 SPIRIT RD KRAMERIA AV STALLION RD
543 STALLION RD SPIRIT RD DARTMOOR CIR
544 TACK LN SADDLEBRED LN VIA XAVIER
545 THOROUGHBRED LN SAGE CT BUCKBOARD LN
546 UNBRIDLED CR CREMELLO WY EAST END
547 VIA DE ANZA LASSELLE ST CAMINO SAN SIMEON
548 VIA DE LA REAL LEGENDARY ST EAST END
549 VIA DEL LAGO LA CASA DRIVE IRIS AVENUE
550 VIA ELEGANTE CORTE SOLEDAD EAST END
551 VIA ENTRADA VIA SONATA JOHN F. KENNEDY DR
552 VIA IMPRESSO CALLE AGUA CALLE FUEGO
553 VIA JARDIN AVENIDA DE PORTUGAL VIA RIO
554 VIA LIDO CALLE LUNA CALLE VEJAR
555 VIA MARAVILLA CALLE VEJAR VISTA ALLEGRE
556 VIA RIO CALLE BELDING CALLE LUNA
557 VIA SONATA LA CASA DR LEGENDARY DR
558 VIA ULTIMO CALLE FUEGO PALOMINO LN
559 VIA XAVIER CREMELLO WY LASSELLE ST
560 VISTA ALLEGRE VIA MARAVILLA EAST END
561 WELSH CT STALLION RD EAST END
562 WITHERS WY VIA XAVIER NORTH END
563 YEARLING CT BRONCO LN EAST END
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Attachment: 5-YR Plan Street List (FY 2023-24 to FY 2027-28) (6161 : RECOMMENDED PAVEMENT MANAGEMENT PROGRAM FIVE-YEAR
Report to City Council
ID#6148 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer
AGENDA DATE: March 21, 2023
TITLE: AUTHORIZE THE AWARD OF PROFESSIONAL
SERVICES AGREEMENT WITH MARX OKUBO
ASSOCIATES, INC. FOR PROPERTY CONDITION
ASSESSMENTS
RECOMMENDED ACTION
Recommendations:
1. Award a two-year agreement with Marx Okubo Associates, Inc. for a total not -to- exceed amount of $ 97,958.56 for Professional Property Condition Assessments; and authorize the City Manager to execute contracts in conforman ce with the attached Agreement funded through Facilities Maintenance (Fund 7310);
2. Authorize the issuance of purchase orders to Marx Okubo Associates, Inc. for the completion of Property Condition Assessment Services subject to funds available in the City Council approved Operating Budget; and
3. Authorize the City Manager, or his designee, to execute the agreement and any subsequent amendments, subject to the approval of the City Attorney, in accordance with approved terms of the agreement.
SUMMARY
This report recommends approval of a $ 97,958.56 contract with Marx Okubo Associates, Inc., for property condition assessment services at all City facilities.
DISCUSSION
The City is responsible for ensuring that public facilities are safe and properly A.18
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operational for the general public and employees, including Fire Stations, the Public Safety Building, and the Emergency Operations Center. Completing proper property condition assessment services is vital to be prepared for proper facility maintenance.
Property condition assessments will include thorough evaluation of all internal and external building components. As such, the need for a licensed and qualified consultant with experience performing such services is critical.
Requests for Proposal for property condition assessment services went out for proposals on December 14, 2022. The City received three (3) responses through the electronic bid and vendor management system.
Staff reviewed the proposals and found Marx Okubo Associates, Inc. to be the most qualified firm in possession of valid licenses, certifications, and experience with cost within the expected amount. No outstanding issues were identified through review of the references submitted by the bidder. All bidders have been notified by a Notice of Intent to Award letter.
There is an aggregate not-to-exceed amount of $97,958.56 projected for this agreement based on the proposal submitted by Mark Okubo Associates, Inc. The assessments will be utilized to prepare future budgets, Capital Improvemen t Projects, and required maintenance services.
Approval of the recommended actions would support Objective 4 of the Momentum MoVal Strategic Plan: “Manage and maximize Moreno Valley’s public Infrastructure to ensure an excellent quality of life, develop and implement innovative, cost -effective infrastructure maintenance programs, public facilities management strategies, and capital improvement programming and project delivery.”
ALTERNATIVES
1. Approve and authorize the recommended actions as presented in this staff report. This alternative will provide for the timely completion of property condition assessments at all City facilities.
2. Do not approve and authorize the recommended actions as presented in this staff report. This alternative will delay the tim ely completion of property condition assessments at all City facilities.
FISCAL IMPACT
Funding is available in the approved Operating Budget for Fiscal Year 2022/23. The not-to-exceed $97,958.56 contract will be expensed over the two -year term, based on completion of the property condition assessments, subject to the City Council approval of future Operating Budget. There is no General Fund impact based on this action.
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NOTIFICATION
N/A
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Tyler Smith Melissa Walker, P.E.
Management Analyst Public Works Director / City Engineer
Concurred By:
Joseph Mattox
Maintenance & Operations Division Manager
CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed pu blic facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
Community Image, Neighborhood Pride and Cleanl iness. 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
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Marx Okubo Associates, Inc. PCA Agreement
APPROVALS
Budget Officer Approval ✓ Approved . 3/10/23 10:49 PM City Attorney Approval ✓ Approved .
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City Manager Approval ✓ Approved . 3/11/23 12:42 PM A.18
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1 City of Moreno Valley
AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES
This Agreement is made by and between the City of Moreno Valley, California, a municipal corporation, with its principal place of business at 14177 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the “City”, and Marx Okubo Associates, Inc., a Corporation, with its principal place of business at 455 Sherman Street #200, Denver, Co 80203 hereinafter referred to as the “Contractor,” based upon City policies and the following legal citations:
RECITALS
A. Government Code Section 53060 authorizes the engagement of persons to perform special services as independent contractors;
B. Contractor desires to perform and assume responsibility for the provision of professional property condition assessments contracting services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing professional property condition assessments contracting services, is licensed in the State of California, if applicable;
C. City desires to engage Contractor to render such services for the property condition assessments as set forth in this Agreement;
D. The public interest, convenience, necessity and general welfare will be served by this Agreement; and
E. This Agreement is made and entered into effective the date the City signs this Agreement.
TERMS
1. CONTRACTOR INFORMATION:
Contractor’s Name: Marx Okubo Associates, Inc.
Address:455 Sherman Street #200_____________
City: Denver____ State: Co__ Zip: 80203_____
Business Phone: (303) 861-0300_ Fax No. (303) -861-8565 Other Contact Number: (714) 253-6703_______
Business License Number: _________________________
Federal Tax I.D. Number: 84-0887811_______
2. CONTRACTOR SERVICES, FEES, AND RELEVANT DATES:
A. The Contractor’s scope of service is described in Exhibit “A” attached hereto and incorporated herein by this reference.
B. The City’s responsibili ties, other than payment, are described in Exhibit “B” attached hereto and incorporated herein by this reference.
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Attachment: Marx Okubo Associates, Inc. PCA Agreement (6148 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH 2 C. Payment terms are provided in Exhibit “C” attached hereto and incorporated herein by this reference.
D. The term of this Agreement shall be from April 1, 2023 to April 1, 2025 unless terminated earlier as provided herein . The City acknowledges that it will not unreasonably withhold approval of the Contractor’s requests for extensions of time in which to complete the work required. The Contractor shall not be responsible for performance delays caused by others or delays beyond the Contractor’s reasonable control (excluding delays caused by non- performance or unjustified delay by Contractor, his/her/its employees, or subcontractors), and such delays shall extend the time for performance of the work by the Contractor.
3. STANDARD TERMS AND CONDITIONS:
A. Control of Work. Contractor is solely responsible for the content and sequence of the work, and will not be subject to control and direction as to the details and means for accomplishing the anticipated results of services. The City will not provide any training to Contractor or his/her/its employees.
B. Intent of Parties. Contractor is, and at all times shall be, an independent contractor and nothing contained herein shall be construed as making the Contractor or any individual whose compensati on for services is paid by the Contractor, an agent or employee of the City, or authorizing the Contractor to create or assume any obligation or liability for or on behalf of the City, or entitling the Contractor to any right, benefit, or privilege applica ble to any officer or employee of the City.
C. Subcontracting. Contractor may retain or subcontract for the services of other necessary contractors with the prior written approval of the City. Payment for such services shall be the responsibility of the Contractor. Any and all subcontractors shall be subject to the terms and conditions of this Agreement, with the exception that the City shall have no obligation to pay for any subcontractor services rendered. Contractor shall be responsible for paying prevailing wages where required by law [See California Labor Code Sections 1770 through 1777.7].
D. Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.
E. Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the s ervices under this Agreement.
Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
As discussed below, any personnel who fail or refuse to perform the services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequa te or timely completion of the project or a threat to the safety of persons or property, shal l be promptly removed from the project by the Contractor at the request of the City. The key A.18.a
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Attachment: Marx Okubo Associates, Inc. PCA Agreement (6148 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH 3 personnel for performance of this Agreement are as follows: Mark Graves, Vice President
F. City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
G. Contractor’s Representative. Contractor hereby designates Mark Graves, Vice President, or his or her designee, to act as its representative for the performance of this Agreement ( “Contractor’s Representative” ). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satis factory coordination of all portions of the services under this Agreement.
H. Legal Considerations. The Contractor shall comply with applicable federal, state, and local laws in the performance of this Agreement. Contractor shall be liable for all violations of such laws and regulations in connection with services.
If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all cos ts arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of an y failure or alleged failure to comply with such laws, rules or regulations.
I. Standard of Care; Performance of Employees . Contractor shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the profession necessary to perform the s ervices.
Contractor warrants that all employees and subcontractor shall have sufficient skill and experience to perform the s ervices assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that ar e legally required to perform the services and that such licenses and approvals shall be maintained throughout the term of this Agreement. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the services in a manner acceptable to the City, shall be promptly removed from the project by the Contractor and shall not be re-employed to perform any of the services or to work on the project.
J. Contractor Indemnification. Contractor shall indemnify, defend and hold the City, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District (CSD), their officers, agents and employees harmless from any and all claims, damages, losses, causes of action and A.18.a
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Attachment: Marx Okubo Associates, Inc. PCA Agreement (6148 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH 4 demands, including, without limitation, the payment of all consequential damages, expert witness fees, reasonable attorney’s fees and other related costs and expenses , incurred in connection with or in any manner arising out of Contractor’s performance of the work contemplated by this Agreement and this Agreement. Acceptance of this Agreement signifies that the Contractor is not covered under the City’s general liability insurance, employee benefits, or worker’s compensation. It further establishes that the Contractor shall be fully responsible for such coverage. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees.
K. Additional Indemnity Obligations . Contractor shall defend, with c ounsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section “J” that may be brought or instituted against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
L. Insurance Requir ements. The C ontractor will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII—Admitted) or better in Best’s Insurance Rating Guide and shall be legally licensed and qualified to conduct business in the State of California:
The Contractor shall procure and maintain, at its sole expense, Workers’ Compensation Insurance in such amounts as will fully comply with the laws of the State of Californ ia and which shall indemnify, insure and provide legal defense for the Contractor and the City, the Housing Authority and CSD against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the Agreement. This coverage may be waived if the Contractor is determined to be functioning as a sole proprietor and the city provided form “Exception to Worker’s Compensation Coverage” is signed, notarized and attached to this Agreement
⊗ General Liability Insurance—to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons A.18.a
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Attachment: Marx Okubo Associates, Inc. PCA Agreement (6148 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH 5 whomever, resulting directly or indirectly from any act or activities of the Contractor, sub-Contractor, or any person acting for the Contractor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum amounts provided below:
Bodily Injury $1,000,000 per occurrence/ $2,000,000 aggregate Property Damage $1,000,000 per occurrence/ $2,000,000 aggregate
⊗ Professional Errors and Omission Insurance —such coverage shall not be less than $1,000,000 per claim and $2,000,000 aggregate.
⊗ Liability and Property Damage Insurance coverage for owned and non - owned automotive equipment operated on City/CSD/ Housing Authority premises. Such coverage limits shall not be less than $1,000,000 combined single limit.
⊗ A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the execution of this Agreement. The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions:
Solely as respect to services done by or on behalf of the named insured for the City of Moreno Valley, it is agreed that the City of Moreno Valley, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District, their officers, officials, employees, agents, and volunteers are included as additional insured under this policy and the coverage(s) provided shall be primary insurance and not contributing with any other insurance available to the City of Moreno Valley, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District, their officers, officials, employees, agents, and volunteers, under any third party liability policy
The terms of the insurance policy or policies issued to provide the above coverage shall neither be amended to reduce the required insurance limits and coverages nor shall such policies be canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City, except that cancellation for non -payment of premium shall require ten (10) days prior written notice by certi fied or registered mail.
In the event the insurance is canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in the amounts established.
M. Intellectual Property . Any system or documents developed, produced or provided under this Agreement, including any intellectual property discovered or developed by Contractor in the course of performing or otherwise as a result of its work, shall become the sole property of the City unless explicitly stated A.18.a
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Attachment: Marx Okubo Associates, Inc. PCA Agreement (6148 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH 6 otherwise in this Agreement. The Contractor may retain copies of any and all material, including drawings, documents, and specifications, produced by the Contractor in performance of this Agreement. The City and the Contractor agree that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both parties.
N. Entire Agreement. This Agreement constitutes the entire agreement between the parties. The re are no understandings, agreements, or representations of warranties, expressed or implied, not specified in this Agreement. This Agreement applies only to the current proposal as attached. This Agreement may be modified or amended only by a subsequent written Agreement signed by both parties. Assignment of this Agreement is prohibited without prior written consent.
O. (a) The City may terminate the whole or any part of this Agreement at any time without cause by giving at least ten (10) days written notice to the Contractor. The written notice shall specify the date of termination. Upon receipt of such notice, the Contractor may continue work through the date of termination, provided that no wor k or service(s) shall be commenced or continued after receipt of the notice which is not intended to protect the interest of the City. The City shall pay the Contractor within thirty (30) days after receiving any invoice after the date of termination for all non- objected to services performed by the Contractor in accordance herewith through the date of termination.
(b) Either party may terminate this Agreement for cause. In the event the City terminates this Agreement for cause, the Contractor shall perform no further work or service(s) under the Agreement unless the notice of termination authorizes such further work.
(c) If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished documents and data and other information of any kind prepared by Contractor in connection with the performance of services under this Agreement. Contractor shall be required to provide such documents and other information within fifteen (15) days of the request.
(d) In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, similar to those terminated.
P. Payment. Payments to the Contractor pursuant to t his Agreement will be reported to Federal and Stat e taxing authorities as required. The City will not withhold any sums from compensation payable to Contractor. Contractor is independently responsible for the payment of all applicable taxes. Where the payment terms provide for compensation on a time and materials basis, the Contractor shall maintain adequate records to permit inspection and audit of the Contractor’s time and materials charges under the Agreement. S uch records shall be retained by the Contractor for three (3) years following completion of the services under the Agreement.
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Attachment: Marx Okubo Associates, Inc. PCA Agreement (6148 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH 7 Q. Restrictions on City Employees . The Contractor shall not employ any City employee or official in the work performed pursuant to this Agreement. No officer or employee of the City shall have any financial interest in this Agreement in violation of federal, state, or local law.
R. Choice of Law and Venue. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall govern the interpretation of this Agreement. Any legal proceeding arising from this Agreement shall be brought in the appropriate court located in Riverside County, State of California.
S. Delivery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Marx Okubo Associates, Inc.
455 Sherman Street #200
Denver, CO 80203
Attn: Mark Graves, Vice President
City:
City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Attn: Maintenance & Operations Division
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
T. Time of Essence. Time is of the essence for each and every provision of this Agreement.
U. City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this project.
V. Amendment; Mo dification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties.
W. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
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Attachment: Marx Okubo Associates, Inc. PCA Agreement (6148 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH 8 X. No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the parties.
Y. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
Z. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
AA. Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operati on of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assi gnment, hypothecation or transfer.
BB Supplementary General Conditions (for projects that are funded by Federal programs). The following provisions, pursuant to 44 Code of Federal Regulations, Part 13, Subpart C, Section 13.36, as it may be amended from time to time, are included in the Agreement and are required to be included in all subcontracts entered into by CONTRACTOR for work pursuant to the Agreement, unless otherwise expressly provided herein. These provisions supersede any conflicting provisions in the General Conditions and shall take precedence over the General Conditions for purposes of interpretation of the General Conditions. These provisions do not otherwise modify or replace General Conditions not in direct conflict with these provisions. Definitions used in these provisions are as contained in the General Conditions.
1. CONTRACTOR shall be subject to the administrative, contractual, and legal remedies provided in the General Conditions in the event CONTRACTOR violates or breaches terms of the Agreement.
2. CITY may terminate the Agreement for cause or for convenience, and CONTRACTOR may terminate the Agreement, as provided the General Conditions.
3. CONTRACTOR shall comply with Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by CITY and/or subcontracts in excess of $10,000 entered into by CONTRACTOR.)
4. CONTRACTOR shall comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3) (All contracts and subcontracts for construction or repair.)
5. CONTRACTOR shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a7) as supplemented by Department of Labor regulations (29 CFR Part 5).
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Attachment: Marx Okubo Associates, Inc. PCA Agreement (6148 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH 9 6. CONTRACTOR shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327330) as supplemented by Department of Labor regulations (29 CFR Part 5).
7. CONTRACTOR shall observe CITY requirements and regulations pertaining to reporting included in the General Conditions.
8. Patent rights with respect to any discovery or invention which arises or is developed in the course of or under the Agreement shall be retained by the CITY.
9. Copyrights and rights in data developed in the course of or under the Agreement shall be the property of the CITY. FEMA/CalOES reserve a royalty-free, nonexclusive, irrevocable license to reproduce, publish or otherwise use or authorize to others to use for federal purposes a copyright in any work developed under the Agreement and/or subcontracts for work pursuant to the Agreement.
10. CONTRACTOR shall provide access by the City, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
11. CONTRACTOR shall retain all required records for three years after CITY makes final payments and all other pending matters relating to the Agreement are closed.
12. CONTRACTOR shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (This provision applies to contracts exceeding $100,000 and to subcontracts entered into pursuant to such contracts.)
13. CONTRACTOR shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94163, 89 Stat. 871).
SIGNATURE PAGE TO FOLLOW
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Attachment: Marx Okubo Associates, Inc. PCA Agreement (6148 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH 10 IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
City of Moreno Valley Marx Okubo Associates, Inc.
BY: BY:
Mike Lee Mark Graves
City Manager
TITLE:
Vice President
Date
Date
BY:
Chris Geier
TITLE:
Vice President
Date
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Department Head
Date
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Attachment: Marx Okubo Associates, Inc. PCA Agreement (6148 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH 11 EXHIBIT A
CONTRACTOR SCOPE OF SERVICES
A. This Agreement between the City of Moreno Valley and Contractor is for professional property condition assessment services for City facilities as referenced in RFP #2022-077.
B. Requests for service will be conveyed from the City via telephone or email requesting an informal or formal quote or proposal. There is no minimum or maximum number of service calls.
C. Quotes and proposals must be prepared in accordance with the request for service and be submitted to the City prior to work being performed unless otherwise directed.
Jobs valued in excess of $1,000 will be quoted at prevailing wage.
D. All work is to be performed in accordance with manufacturers' recommendations, as well as all federal, state, country, and local regulations.
E. This scope of work excludes any work other than incidental (less than 10 square feet) of any material containing asbestos. The contractor will immediately stop work if any encountered material is suspected to be asbestos and report the finding to the Fleet & Facilities Supervisor.
F. All materials and completed work must meet local, county, state, and federal codes and regulations.
G. Submission of Material Safety Data Sheets (MSDS) are mandatory for any supply or material used on the job or supplied in the course of this Agreement prior to receipt of or with the first shipment of hazardous material. Also, at any time the content of an MSDS is revised, the Contractor is required to provide new information relevant to the specific material.
H. The Contractor shall provide manufacturer's warranties and warranty workmanship, operation and performance as described within this Agreement.
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Attachment: Marx Okubo Associates, Inc. PCA Agreement (6148 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH 12 EXHIBIT B
CITY RESPONSIBILITIES
The City of Moreno Valley is responsible for the following:
A. Providing requests for service, access to sites to perform evaluations for estimates and/ or project work, and coordinating site visits;
B. Providing escorts at sites that require the presence of a City employee during work periods;
C. Providing purchase orders or other written authorization to confirm the approval of work;
D. Providing materials when the scope of work so indicates; and E. Funding all required City permits, excluding a City of Moreno Valley business license.
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Attachment: Marx Okubo Associates, Inc. PCA Agreement (6148 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH 13 EXHIBIT C
TERMS OF PAYMENT
1. The Contractor's compensation shall not exceed $97,958.56 .
2. The Contractor will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at:
http://www.moval.org/do_biz/biz-license.shtml
3. The Contractor will electronically submit an invoice to the City on a monthly basis for progress payments along with documentation evidencing services completed to date. The progress payment is based on actual time and materials expended in furnishing authorized professional services since the last invoice. At no time will the City pay for more services than have been satisfactorily completed an d the City’s determination of the amount due for any progress payment shall be final. The Contractor will submit all original invoices to Facilities Accounts Payable staff at [email protected]
Accounts Payable questions can be directed to (951) 413-3740.
3. The Contractor agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City.
Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties.
The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf
4. The minimum information required on all invoices is:
A. Vendor Name, Mailing Address, and Phone Number
B. Invoice Date
C. Vendor Invoice Number
D. City-provided Reference Number (e.g. Project, Activity) E. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of a contract amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without de tail are A.18.a
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Attachment: Marx Okubo Associates, Inc. PCA Agreement (6148 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH 14 not acceptable.
6. The City shall pay the Contractor for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.
7. Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
8. Maintenance and Inspection . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
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Attachment: Marx Okubo Associates, Inc. PCA Agreement (6148 : AUTHORIZE THE AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH
Report to City Council
ID#6146 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer
AGENDA DATE: March 21, 2023
TITLE: APPROVE THE FUNDING AGREEMENT BETWEEN THE
COUNTY OF RIVERSIDE ON BEHALF OF THE
DEPARTMENT OF WASTE RESOURCES AND THE CITY
OF MORENO VALLEY FOR THE BADLANDS LANDFILL
INTEGRATED PROJECT
RECOMMENDED ACTION
Recommendations:
1. Approve the Funding Agreement between the County of Riverside on behalf of the Department of Waste Resources and the City of Moreno Valley for the Badlands Landfill Integrated Project;
2. Authorize the City Manager to execute the Funding Agreement in substantially conformance with the form attached hereto;
3. Authorize the Public Works Director/City Engineer to approve any minor changes that may be requested by County of Riverside or the City, subject to the approval of the City Attorney;
4. Authorize the Public Works Director/City Engineer to execute any future amendments to the Funding Agreement subject to the approval of the City Attorney; and
5. Authorize a budget adjust ment as set forth in the Fiscal Impact section of this report.
SUMMARY
This report recommends approval of a funding agreement with the County of Riverside (County) on behalf of the Department of Waste Resources (RCDWR) as part of the next A.19
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phase of devel opment for the Badlands Landfill Integrated Project (BLIP) in the not -to- exceed amount of $3,200,980.00 for road and drainage/culvert improvements, and restoration of Theodore Street (between the State Route 60 and Ironwood Avenue) and road maintenance along Ironwood Avenue (between Redlands Boulevard and Theodore Street), and additional funding of $50,000 annually to assist the City's illegal dumping efforts for areas within the City east of Redlands Boulevard. The City's illegal dumping efforts may include illegal dumping retrieval, education, outreach, and enforcement.
DISCUSSION
The Badlands Landfill is located in unincorporated Riverside County at 31125 Ironwood Avenue. The RCDWR estimates that it will exhaust its permitted disposal capacity by the y ear 2025. As such, the Department initiated the Badlands Landfill Integrated Project (BLIP) which will provide long-term countywide and regional waste disposal capacity by adding roughly 40 years of additional capacity as enhanced organics processing opera tions and continued Household Hazardous Waste (HHW) and other recycling services (mattresses, appliances, etc.). The project will expand the disposal footprint from 150 acres to 409 acres and revise the estimated closure date to 2062 and increase the maximum daily capacity from 4,500 ton per day (tpd) to 5,000 tons per day and organics processing operation (up to 300 tpd); add stormwater detention basins, and stockpile areas; relocate the fee booth, and allow other ancillary uses, maintenance, and monitoring activities within the landfill.
The County adopted Resolution No. 2022 -088, Mitigated Negative Declaration and approved the Badlands Landfill Integrated Project. As a result of negotiations between the City and RCDWR that were included in the Conditi ons of Approval CoA3(a), the County agreed that within one year of obtaining the revised Solid Waste Facility Permit for the Project, the RCDWR will enter into an Agreement with the City of Moreno Valley (City) to provide adequate funding for road maintena nce, drainage/culvert improvements, and restoration of Theodore Street (between the SR -60 and Ironwood A venue) and road maintenance along Ironwood Avenue (between Redlands Boulevard and Theodore Street). Work shall occur at regularly scheduled intervals ( approximately every 7 years) and include Pavement Rehabilitation, Pavement Maintenance, and Thick Section Pavement Rehab ilitation. Funding for the road maintenance and drainage/culvert improvements is estimated at $3 ,200,980.00, with RCDWR providing full funding to the City within 90 days of commencement of the Agreement.
Furthermore, as part of the Agreement required under CoA 3(a), RCDWR shall include annual funding of $50,000 for 35 years to assist the City's illegal dumping efforts only for areas within the City east of Redlands Boulevard. The City's illegal dumping efforts may include illegal dumping retrieval, education, outreach, and enforcement.
.
ALTERNATIVES
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1. Approve and authorize the recommended actions as presented in this staff report.
This alternative will allow for road and drainage/culvert improvements, restoration of Theodore Street (between the State Route 60 and Ironwood Avenue), road maintenance along Ironwood Avenue (between Redlands Boulevard and Theodore Street) and provide an annual funding source for illegal dumping.
2. Do not approve and authorize the recommended actions as presented in this staff report. Staff does not recommend this alternative as it will prevent the project from receiving necessary funding from the RCDWR fo r the road and drainage/culvert improvements, and restoration of Theodore Street (between the State Route 60 and Ironwood Avenue) and road maintenance along Ironwood Avenue (between Redlands Boulevard and Theodore Street) and funding to assist the City's i llegal dumping efforts east of Redlands Boulevard.
FISCAL IMPACT
The Badlands Landfill Integrated Project (BLIP) is fully funded by the Riverside County Department of Waste Resources through the Funding Agreement. The total amount of $3,200,980 will be a llocated to the Public Works Capital Projects Fund (Fund 3002) for road and drainage/culvert improvements. An additional $50,000 will be allocated to the Public Works Capital Projects Fund (Fund 3002) annually for illegal dumping efforts.
The Budget Adjust ment will allocate a total of $3,200,980 to the project for FY 22/23.
There is no impact to the General Fund.
Description Fund GL Account No. Type
(Rev/Exp)
FY 22/23
Budget
Proposed
Adjustments
FY 22/23
Amended
Budget
CIP PW General
Capital Projects
3002-99-99-93002-500600
801 0099-3002-98
Rev $0 $3,250,980 $3,250,980
CIP PW General
Capital Projects
3002-70-77-80001-720199
801 0099-3002-99
Exp $0 $3,250,980 $3,250,980
NOTIFICATION
Publication of the agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Jolene Thierry Melissa Walker
Executive Assistant I Director of Public Works/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.
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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 4.3: Address deferred maintenance of City infrastructure assets.
Objective 5.1: Establish partnerships and volunteer programs with residents, business groups and service clubs to beautify our community.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. BLIP funding agreement
APPROVALS
Budget Officer Approval ✓ Approved . 3/13/23 3:35 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 3/13/23 3:46 PM A.19
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Report to City Council
ID#6124 Page 1
TO: Mayor and City Council
FROM: Kenneth Reichle, Chief of Police
AGENDA DATE: March 21, 2023
TITLE: SUPPLEMENTAL LAW ENFORCEMENT SERVICES
ACCOUNT (SLESA) EXPENDITURE PLAN FOR FY 22-23
RECOMMENDED ACTION
Recommendation:
1. Accept the Supplemental Law Enforcement Services Account (SLESA) grant award for FY 22-23 for frontline municipal police services.
2. Authorize a budget adjustment as set forth in the Fiscal Impact section of this report.
SUMMARY
This report requests the City Council accept the S upplemental Law Enforcement Services Account (SLESA) grant award used for frontline municipal law enforcement services. Council’s approval to accept the SLESA award for FY 22 -23 will approve the FY 22-23 allocation of $488,678. This allocation is $138,678 greater than the originally anticipated FY 22 -23 budget allocation of $350,000. The budgetary adjustments being requested will increase the current FY 22 -23 appropriations for both SLESA revenues and expenditures by $138,678.
DISCUSSION
The State of Cal ifornia allocates SLESA funding to various counties for the purpose of law enforcement services. California Government Code Sections 30061 – 30065 detail the requirements for the funding to be reallocated between County Jail Operations, the District Attorn ey’s Office, Juvenile Justice, and Local Law Enforcement Municipalities based on a specified percentage set by the State.
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The City of Moreno Valley uses the SLESA grant to fully fund one (1) sworn deputy assigned to the Career Criminal Apprehension Team ( C-CAT) and fund 26% of a second sworn C -CAT deputy. The City’s General Fund will fund the remaining 74% of the second C -CAT position in its City Council approved Special Enforcement Team (SET) budget.
Staff is requesting City Council to approve the award allocation and to adjust the FY 22- 23 SLESA budget based on recent notice of detailed calculations from Riverside County Sheriff’s Department.
ALTERNATIVES
1. Approve and accept the attached Supplemental Law Enforcement Services Account (SLESA) grant aw ard for FY 22 -23 and related budgetary adjustments.
This alternative will ensure that the City receives all of this public safety funding.
2. Do not approve or accept the attached Supplemental Law Enforcement Services Account (SLESA) grant award for FY 22 -23 and related budgetary adjustments.
This alternative will jeopardize SLESA funding and impact law enforcement services.
FISCAL IMPACT
The recommended adjustments will increase the SLESA budgeted revenues and expenditures by $138,678 as identified in the following table.
Description Fund GL Account No. Type
(Rev/Exp)
FY 22-23
Approved
Budget
FY 22-23
Proposed
Amendment
FY 22-23
Amended
Budget
SLESA Grant 2410 60-69-76012-486000 Rev $350,000 $138,678 $488,678 Grant Expenditures 2410 60-69-76012-620320 Exp $350,000 $138,678 $488,678
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Shanna Palau Ken Reichle
Senior Contracts Analyst Chief of Police
Concurred By:
Launa Jimenez
Financial Resources Division Manager
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.
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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. SLESA FY22-23 Expenditure Plan Form 1
2. FY 22-23 SLESA Allocation
APPROVALS
Budget Officer Approval ✓ Approved . 3/13/23 3:13 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 3/13/23 3:23 PM A.20
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City Name:
Beginning Fund Balance -
Prior Year Allocation/Adjustment 165,252.00
Current Year Allocation 323,426.00
Total Allocation 488,678.00
Salaries and Benefits 488,678.00
Services and Supplies
Administrative Overhead
Total Expenditure Planned 488,678.00
Date approved by the City Council: 3/21/2023
The City Manager hereby certifies that the Supplemental Law Enforcement Services Plan was submitted to the City Council and approved as listed. NOTE: As of FY19-20, this form is only used for Internal Purposes.
3/1/2022
Name Date
FY 2018-2019 City Expenditure Plan Form
CITY OF MORENO VALLEY
Please provide the name of a contact person if there are any questions:
Equipment
EXPENDITURE PLANNED
Shanna Palau
Supplemental Law Enforcement Standardized Forms
Expenditure Plan
FY22-23
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Attachment: SLESA FY22-23 Expenditure Plan Form 1 [Revision 1] (6124 : SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT ESTIMATED AMOUNTS TO BE RECEIVED PER DEPARTMENT OF FINANCE LETTER:
COPS
Cities and County for front‐line law enforcement 4,554,735.00 County Sheriff for county jail construction & operation 685,635.00 County District Attorney for criminal prosecution 685,635.00 Total COPS 5,926,005.00
JJCPA
County Probation for Juvenile Justice Plan 6,656,647.00 TOTAL ELEAS ALLOCATION 12,582,652.00
COPS:
Jurisdiction Population
01/01/2021
%
Based on
Population
$100K Minimum
Required by State
Total Projected
Allocations by
State (1)
Projected Monthly
Payments to Cities
and County for
Months 1‐11th per
State Allocation
Total Projected
Allocation for Months
1‐11th for Cities and
County per State
Allocation
Projected Payment
to Cities and
County for Month
12th per State
Allocation
Grand Total Allocation
Banning 30,877 1.27% 100,000.00 100,000.00 8,333.33 91,666.63 8,333.37 100,000.00 Beaumont 54,690 2.25% 100,000.00 100,000.00 8,333.33 91,666.63 8,333.37 100,000.00 Blythe 17,505 0.72% 100,000.00 100,000.00 8,333.33 91,666.63 8,333.37 100,000.00 Calimesa 10,899 0.45% 100,000.00 100,000.00 8,333.33 91,666.63 8,333.37 100,000.00 Canyon Lake 11,056 0.45% 100,000.00 100,000.00 8,333.33 91,666.63 8,333.37 100,000.00 Cathedral City 51,840 2.13% 100,000.00 100,000.00 8,333.33 91,666.63 8,333.37 100,000.00 Coachella 42,158 1.73% 100,000.00 100,000.00 8,333.33 91,666.63 8,333.37 100,000.00 Corona 156,778 6.44% 100,000.00 242,142.00 8,333.33 91,666.63 150,475.37 242,142.00 Desert Hot Springs 32,569 1.34% 100,000.00 100,000.00 8,333.33 91,666.63 8,333.37 100,000.00 Eastvale 69,929 2.87% 100,000.00 108,004.00 8,333.33 91,666.63 16,337.37 108,004.00 Hemet 89,646 3.68% 100,000.00 138,457.00 8,333.33 91,666.63 46,790.37 138,457.00 Indian Wells 4,762 0.20% 100,000.00 100,000.00 8,333.33 91,666.63 8,333.37 100,000.00 Indio 89,137 3.66% 100,000.00 137,671.00 8,333.33 91,666.63 46,004.37 137,671.00 Jurupa Valley 105,384 4.33% 100,000.00 162,764.00 8,333.33 91,666.63 71,097.37 162,764.00 La Quinta 71,615 2.94% 100,000.00 110,608.00 8,333.33 91,666.63 18,941.37 110,608.00 Lake Elsinore 37,860 1.55% 100,000.00 100,000.00 8,333.33 91,666.63 8,333.37 100,000.00 Menifee 106,627 4.38% 100,000.00 164,684.00 8,333.33 91,666.63 73,017.37 164,684.00 Moreno Valley 209,407 8.60% 100,000.00 323,426.00 8,333.33 91,666.63 231,759.37 323,426.00 Murrieta 111,183 4.57% 100,000.00 171,721.00 8,333.33 91,666.63 80,054.37 171,721.00 Norco 24,909 1.02% 100,000.00 100,000.00 8,333.33 91,666.63 8,333.37 100,000.00 Palm Desert 50,889 2.09% 100,000.00 100,000.00 8,333.33 91,666.63 8,333.37 100,000.00 Palm Springs 44,397 1.82% 100,000.00 100,000.00 8,333.33 91,666.63 8,333.37 100,000.00 Perris 78,890 3.24% 100,000.00 121,845.00 8,333.33 91,666.63 30,178.37 121,845.00 Rancho Mirage 16,804 0.69% 100,000.00 100,000.00 8,333.33 91,666.63 8,333.37 100,000.00 Riverside 317,847 13.05% 100,000.00 490,911.00 8,333.33 91,666.63 399,244.37 490,911.00 San Jacinto 54,593 2.24% 100,000.00 100,000.00 8,333.33 91,666.63 8,333.37 100,000.00 Temecula 109,925 4.51% 100,000.00 169,778.00 8,333.33 91,666.63 78,111.37 169,778.00 Wildomar 36,632 1.50% 100,000.00 100,000.00 8,333.33 91,666.63 8,333.37 100,000.00 County Sheriff Patrol ‐ Unincorporated 396,717 16.29% 100,000.00 612,724.00 8,333.33 91,666.63 521,057.37 612,724.00 Total Front‐Line Law Enforcement to Cities &
Unincorporated 2,435,525 100.00% 4,554,735.00 241,666.57 2,658,332.27 1,896,402.73 4,554,735.00 County Sheriff for county jail const & cops 685,635.00 57,136.25 628,498.75 57,136.25 685,635.00 County DA for criminal prosecution 685,635.00 57,136.25 628,498.75 57,136.25 685,635.00 Total COPS 5,926,005.00 355,939.07 3,915,329.77 2,010,675.23 5,926,005.00 JJCPA:
County Probation for Juvenile Justice Plan Total JJCPA 6,656,647.00 554,720.58 6,101,926.38 554,720.62 6,656,647.00 TOTAL ELEAS ALLOCATION 12,582,652.00 910,659.65 10,017,256.15 2,565,395.85 12,582,652.00 (1) Overall calculation of all counties are based on the government code and county percentage is based on population. Allocations for FY 22/23 are based on State's fiscal year starting in September and ending in August.
CURRENT FY TOTAL COST FOR FY 2022-2023 (September -June) NEXT FY TOTAL COST FOR FY 2023‐2024 (July ‐August) COPS 3,559,390.70 COPS 2,366,614.30
JJCPA 5,547,205.80 JJCPA 1,109,441.20
CURRENT FY TOTAL COST 9,106,596.50 NEXT FY TOTAL COST 3,476,055.5 0 TOTAL COST 12,582,652.0 0
FORM 11
County of Riverside
Allocation of Enhancing Law Enforcement Activities Subaccount (ELEAS) for Citizen's Option for Public Safety (COPS) Program and Juvenile Justice Crime Prevention Act (JJCPA) Fiscal Year 2022‐2023
ATTACHMENT A
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Attachment: FY 22-23 SLESA Allocation (6124 : SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA) EXPENDITURE PLAN
Report to City Council
ID#5789 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer
AGENDA DATE: March 21, 2023
TITLE: AWARD THE ELECTRIC VEHICLE (EV) CHARGING
INFRASTRUCTURE MASTER PLAN CONSULTANT
AGREEMENT
RECOMMENDED ACTION
Recommendations:
1. Award an Agreement for Professional Consultant Services to ICF Consulting, L.L.C. to develop the Moreno Valley Electric Vehicle Charging Infrastructure Master Plan and authorize the City Manager to execute the agreement with ICF Consulting, L.L.C. in the amount of $229,475.00;
2. Authorize the issuance of a Purchase Order to ICF Consulting, L.L.C. , in the amount of $229,475.00 when the agreement has been signed by all parties using the Sustainable Transportation Planning Grant fund; and
3. Authorize the Pu blic Works Director to execute any subsequent related amendments to the Agreement with ICF Consulting, L.L.C., not to exceed the grant amount of $250,000.00, subject to the approval by the City Attorney.
SUMMARY
This report recommends awarding an agreeme nt for professional consultant services to ICF Consulting, L.L.C., Inc. to prepare the Electric Vehicle (EV) Charging Infrastructure Master Plan in the amount of $229,475.00.
DISCUSSION
On April 4, 2022, the City of Moreno Valley was awarded the Caltrans Sustainable A.21
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Transportation Planning Grant in the amount of $250,000 for the Electric Vehicle (EV) Charging Infrastructure Master Plan. The City is required to provide $32,390 as the local match. Therefore, the total project amount is $282,390.
Consistent with Caltrans procedures, a Request for Proposals (RFP) for Professional Consultant Services was distributed and advertised in accordance with the City’s procurement processes in December 2022. The City received six (6) proposals in response to the RFP. Following a competitive selection process, ICF Consulting, L.L.C. was selected as the most qualified consultant to prepare the Master Plan. The selection process was pursuant to the City’s Municipal Code requirements for professional services procurement. Staff recommends the award of the contract to ICF Consulting, L.L.C. to perform Professional Consultant Services for th e Electric Vehicle (EV) Charging Infrastructure Master Plan.
ALTERNATIVES
1. Approve the recommended action as presented in this st aff report. This alternative will provide the City an opportunity to develop an Electric Vehicle (EV) Charging Infrastructure Master Plan.
2. Do not approve the recommended action as presented in this staff report. This alternative will prevent the projec t from moving forward because the City does not enough internal resources to conduct the project.
FISCAL IMPACT
The project is funded by Sustainable Transportation Planning Grant funding and General Fund funding, as the local match.
AVAILABLE BUDGET:
Capital Projects Grants
(Account 2301-70-77-80010-720199) (Project No. 810 0021-2301-99) ......... $250,000 General Fund
(Account 1010-70-77-80010-720199) (Project No. 810 0021-1010-99) ........... $32,390 Total ............................................................................................................... $282,390
ESTIMATED COSTS:
Consultant Services ....................................................................................... $250,000 Subtotal ......................................................................................................... $250,000
NOTIFICATION
Publication of agenda
PREPARATION OF STAFF REPORT
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Prepared By: Department Head Approval:
Wei Sun, T.E., PTOE Melissa Walker, P.E
City Traffic Engineer Public Works Director/City Engineer
SUMMARY
CITY COUNCIL GOALS
None
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. D08_Award Letter_SCT_City of Moreno Valley_EVIMP (002)
2. Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23)
APPROVALS
Budget Officer Approval ✓ Approved . 3/10/23 10:32 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 3/11/23 12:37 PM A.21
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“
Provide a safe and reliable transportation network that serves all people and respects the environment”
DIVISION OF TRANSPORTATION PLANNING
P.O. BOX 942873, MS –32 SACRAMENTO, CA 94273– 0001
(916) 261 -3326 | TTY 711
www.dot.ca.gov
SEN
T VIA E-MAIL
Date
On behalf of the California Department of Transportation (Caltrans), Division of Transportation Planning, we are pleased to congratulate you on your Sustainable Transportation Planning Grant award.
Sustainable Transportation Planning Grant Program
Grant Award
Fiscal Year
Grant
Category
Grant Fund
Source
Project Title
Grantee/Agency
Executive Director
Grantee/Agency
Contact
Sub-Recipient(s)
Caltrans District
Contact(s)
Caltrans District
Contact(s) E-mail
Grant Award Local Match
(Cash)
Local Match
(In-Kind)
Total
Local Match
%
Local Match
Total
Project Cost
Conditions of Award Due to Caltrans Grant Expiration Date Final Invoice Due * The final contractually agreed upon L oca l Match and Fund Source are located on the Grant Application Cover Sheet and Project Cost and Schedule. Any change in Local Match that increases/decreases the Total Project Cost m ust be approved by Caltrans and may require a Formal Amendment. Each invoice must include the contractu al/agreed upon local match % - any d
eviation to this amount requires an approved Tapered Local Match A mendment prior to invoice submittal. Any change to the Local Match Fund Source requires prior Caltrans approval and an Administrative Amendment. 2022-23
Sustainable Communities Technical
RMRA
Moreno Valley Electric Vehicle Charging Infrastructure Master Plan City of Moreno Valley
Michael LLoyd, P.E., Public Works Director/City Engineer Wei Sun, Principal Engineer/City Traffic Engineer
NA
Ricky Rivers
[email protected]
$250,000
$32,390
$0
$32,390
11.47%
$282,390
06/03/22
02/28/25
04/29/25
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Attachment: D08_Award Letter_SCT_City of Moreno Valley_EVIMP (002) (5789 : AWARD THE ELECTRIC VEHICLE (EV) CHARGING Caltrans Sustainable Transportation Planning Grant Program Grant Award
“Provide a safe and reliable transportation network that serves all people and respects the environment” Next Steps
1. The Caltrans District Grant Manager will schedule a Conditional Award Teleconference, with your agency soon.
A list of conditions and project revisions necessary to accept grant funding will be provided at this meeting as well as a follow-up email outlining the discussion.
2. The required conditions must be submitted to the Caltrans District Grant Manager no later than the date listed in the table above.
Failure to satisfy these conditions will result in the forfeiture of grant funds.
3. The Caltrans District Grant Manager will review and approve all items required to fulfill the Conditions of Grant Acceptance outlined in the teleconference and follow-up email.
4. Once the required conditions are met and agreements in place, the Caltrans District Grant Manager will:
Send a Notice to Proceed letter (for MPO/RTPAs, this will happen after the OWP/OWPA formal amendment is processed). Grant work cannot begin until the Notice to Proceed letter is received by your agency. Coordinate and schedule a grant kick-off meeting with your agency.
If you have questions concerning your Conditional Grant Award, please reach out to your Caltrans District contact listed in the table above.
Sincerely,
ERIN THOMPSON
Chief, Office of Regional and Community Planning
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Attachment: D08_Award Letter_SCT_City of Moreno Valley_EVIMP (002) (5789 : AWARD THE ELECTRIC VEHICLE (EV) CHARGING 1 AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR
MORENO VALLEY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN PROJECT NO. 810 0021
This Agreement (hereinafter, this “Agreement”) is made and entered into this _____ day of _____________ 2023 (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation in the County of Riverside, State of California, hereinafter referred to as the “City,” and ICF Incorporated, L.L.C., a Delaware limited liability company, doing business in California as, ICF Consulting, L.L.C., a limited liability company, hereinafter referred to as “Consultant.”
RECITALS
WHEREAS, the City has determined it is in the public inter est to proceed with the professional wor k hereinafter described as "Project"; and WHEREAS, the City has determined the Project involves the performance of professional and technical services of a temporary nature as more specifically described in Exhibit "A" (City's Request for Proposal) and Exhibit "B" (Consultant's Proposal) hereto; and WHEREAS, the City does not have available employees to perfor m the services for the Project; and
WHEREAS, the City has r equested the Consultant to perform such ser vices for the Project; and
WHEREAS, the Consultant is pr ofessionally qualified in California to perform the professional and technic al services required for the P roject, and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement;
THEREFORE, the City and the Consultant, for the consideration hereinafter described, mutually agree as follows:
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
MORENO VALLEY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN PROJECT NO. 810 0021
2 DESCRIPTION OF PROJECT
1. The Project is described as Moreno Valley Electric Vehicle Charging Infrastructure Master Plan. Project No. 810 0021.
SCOPE OF SERVICES
2. The Consultant's scope of service is described on Exhibit "B" attached hereto and incorporated herein by this reference. In the event of a conflict, the City's Request for Proposal shall take precedence over the Consultant's Proposal.
3. The City's responsibility is described on Exhibit "C" attached hereto and incorporated herein by this reference.
PAYMENT TERMS
4. The City agrees to pay the Consultant and the Consultant agrees to receive a "Not- to-Exceed" fee of $229,475.00 in accordance with the payment terms provided on Exhibit "D" attached hereto and incorporated herein by this reference.
TIME FOR PERFORMANCE
5. The Consultant shall commence services upon receipt of written direction to proceed from the City.
6. The Consultant shall perform the work described on Exhibit "A" in accordance with the schedule set forth in Exhibit "B" attached hereto and incorporated by this reference.
7. This Agreement shall be effective from effective date and shall continue in full force and effect date through December 31, 2023 subject to any earlier termination in accordance with this Agreement. The services of Consultant shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement.
8. (a) The Consultant agrees that the personnel, including the principal Project A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
MORENO VALLEY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN PROJECT NO. 810 0021
3 Manager, and all subconsultants assigned to the Project by the Consultant, shall be subject to the prior approval of the City.
(b) No change in subconsultants or key personnel shall be made by the Consultant without written prior approval of the City.
SPECIAL PROVISIONS
9. It is understood and agreed that the Consultant is, and at all times shall be, an independent consultant and nothing contained herein shall be construed as making the Consultant or any individual whose compensation for services is paid by the Consultant, an agent or employee of the City, or authorizing the Consultant to create or assume any obligation or liability for or on behalf of the City.
10. The Consultant may also retain or subcontract for the services of other necessary consultants with the prior written approval of the City. Payment for such services shall be the responsibility of the Consultant. Any and all subconsultants employed by the Consultant shall be subject to the terms and conditions of this Agreement, except that the City shall have no obligation to pay any subconsultant for services rendered on the Project.
11. The Consultant and the City agree to use reasonable care and diligence to perform their respective services under this Agreement.
12. The Consultant shall comply with applicable federal, state, and local laws in the performance of work under this Agreement.
13. To the extent required by controlling federal, state and local law, Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
MORENO VALLEY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN PROJECT NO. 810 0021
4 and during the performance of this Agreement, Consultant agrees as follows:
(a) Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the V ietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Consultant’s employment practices including, but not be limited to, the following: employment, upgrading, demot ion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
(c) Consultant will, in all solicitations or advertisements for employees plac ed by or on behalf of Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
MORENO VALLEY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN PROJECT NO. 810 0021
5 orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall cause each subconsultant to also comply with the requirements of this Section 13.
14. Indemnity and CalPERS.
(a) Design Professional Services. Pursuant to California Civil Code 2782.8, Consultant shall indemnify, defend and hold the City, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District (CSD), their officers, agents and employees (collectively, “Indemnified Parties”) harmless from any and all claims, demands, damages, losses, costs, causes of action and demands, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of design professional services under the contract for services, including, without limitation, the payment of all consequential damages, expert witness fees, reasonable attorney’s fees and other related costs and expenses; but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence or willful acts of the Indemnified Parties; and does not apply to any passive negligence of the Indemnified Parties, unless caused at least in part Consultant. The City agrees that in no event shall the cost to defend charged to the Consultant exceed that professional’s proportionate percentage of fault. Entering into of the Agreement signifies that the Consultant is not covered under the City’s general liability insurance, employee benefits, or worker’s compensation. It further establishes that the Consultant shall be fully responsible for such coverage. (b) No
n -Design Professional Services. Consultant shall indemnify, defend and hold the City, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District (CSD), their officers, agents and employees (collectively, A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
MORENO VALLEY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN PROJECT NO. 810 0021
6 “Indemnified Parties”) harmless from any and all claims, demands, damages, losses, costs, causes of action and demands, or liability that arise out of, or pertain to, or relate to the performance of services under this RFP, other than design professional services under Civil Code Section 2782.8, including, without limitation, the payment of all consequential damages, expert witness fees, reasonable attorney’s fees and other related costs and expenses, except for any claims caused by City’s sole negligence or willful misconduct.
If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subconsultant to indemnify, hold harmless and defend City, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers in accordance with the terms of this section. (c) CalPERS Indemnity. To the fullest extent permitted by law, in addition to obligations set forth in this section, in the event that any person providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, to the fullest extent of the law, Consultant shall indemnify, defend, and hold harmless City for any costs and expenses incurred by City, including wi thout limitation, payment that City is required as a result to make to CalPERS, whether in the form of employee and/or employer contributions, taxes, or any similar obligations, as well as for the payment of any penalties and interest. (d) CalPERS Participation. As set forth in this Agreement and in the Request for Proposals, City has an obligation to treat all persons working for or under the direction of Consultant as an independent Consultant of City and agents and employees of CONSULTANT, and not as agents or employees of City. Consultant and City acknowledge and agree that City participates in a defined benefit plan (“CalPERS”), and that it is possible that CalPERS may find A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
MORENO VALLEY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN PROJECT NO. 810 0021
7 that persons providing services pursuant to this Agreement are employees of City and should be registered with the CalPERS as employees of City.
(e) CalPERS Retiree Disclosure. Consultant hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for Consultant who are retirees under the California Public Employees’ Retirement System (CalPERS) whom receives a monthly CalPERS retirement allowance, and whom are, subject to City approval, assigned by Consultant to provide services to City under the Agreement, prior to such person performing any services hereunder. Nothing herein shall be deemed or interpreted to limit a CalPERS retiree’s obligations under applicable law, rules or regulations. (f) Joint Cooperation. In the event that CalPERS initiates an inquiry that includes examination of whether individuals providing services under this Agreement to City are City’s employees, Consultant shall within five days and share all communications and documents from CalPERS that it may legally share. In the event that either Consultant or City files an appeal or court challenge, Consultant and City each agree to cooperate with each other in responding to the inquiry and any subsequent administrative appeal or court challenge of an adverse determination.
(g) This section shall survive termination or expiration of this Agreement.
15. Insurance.
(a) Throughout the life of this Agreement, Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit E or as may be authorized in writing by the City Manager or his/her designee at any time and in his/her sole discretion. (b) If at any time during the life of the Agreement or any extension, Consultant or any of its subconsultant fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
MORENO VALLEY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN PROJECT NO. 810 0021
8 due or that become due to Consultant shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to C ity. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Consultant of its responsibilities under this Agreement.
The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by C ity that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultan t, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant . Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant, vendors, suppliers, invitees, consultants, sub- consultants, subconsultants or anyone employed directly or indirectly by any of them.
(d) Upon request of C ity, Consultant shall immedi ately furnish C ity with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. (e) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subconsultant to provide insurance protection in favor of C ity and each of its officers, officials, employees, agents and A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
MORENO VALLEY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN PROJECT NO. 810 0021
9 volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with Consultant and City prior to the commencement of any services by the subconsultant.
16. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
17. Consultant and subconsultants shall pay pr evailing wage rates when required by the Labor Laws of the State of California.
18. (a) The Consultant shall deliver to the Public Works Director/City Engineer of the City or his designated representative, fully completed and detailed project-related documents which shall become the property of the City. The Consultant may retain, for its files, copies of any and all material, including drawings, documents, and specifications, produced by the Consultant in performance of this Agreement.
(b) The Consultant shall be entitled to copies of all furnished materials for his files and his subconsultants, if any.
(c) The City agrees to hold the Consultant free and harmless from any claim arising from any unauthorized use of computations, maps, and other documents pr epared or provided by the Consultant under this Agreement, if used by the City on other work without the permission of the Consultant. Consultant acknowledges that Consultant work product produced under this agreement may be public record under State law.
19. (a) This Agreement shall terminate without any liability of C ity to Consultant upon the earlier of: (i) Consultant’s filing for protection under the federal bankruptcy laws, or any A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
MORENO VALLEY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN PROJECT NO. 810 0021
10 bankruptcy petition or petition for receiver commenced by a third party against C onsultant; (ii) 10 calendar days prior written notice with or without cause by City to Consultant; (iii) City’s non- appropriation of funds sufficient to meet its obligations hereunder during any C ity fiscal year of this Agreement, or insuffi cient funding for the Project; or (iv) expiration of this Agreement. The written notice shall specify the date of termination. Upon receipt of such notice, the Consultant may continue services on the project through the date of termination, provided that no service(s) shall be commenced or continued after receipt of the notice, which is not intended to protect the interest of the City. The City shall pay the Consultant within thirty (30) days after the date of termination for all non-objected to services performed by the Consultant in accordance herewith through the date of termination. Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (b) In the event of termination due to failure of C onsultant to satisfactorily perform in accordance with the terms of this Agreement, City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, City’s damages caused by such failure.
In no event shall any payment by City pursuant to this Agreement constitute a waiver by City of any breach of this Agreement which may then exist on the part of C onsultant, nor shall such payment impair or prejudice any remedy available to City with respect to the breach .
(c) Upon any breach of this Agreement by Consultant, City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience
.
A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
MORENO VALLEY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN PROJECT NO. 810 0021
11 (d) Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of C onsultant and without its fault or negligence such as, acts of God or the public enemy, acts of C ity in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. C onsultant shall notify City in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence.
20. This Agreement is binding upon the City and the Consultant and their successors and assigns. Except as otherwise provided herein, neither the City nor the Consultant shall assign, sublet, or transfer its interest in this Agreement or any part thereof without the prior written consent of the other.
21. A City represent ative shall be designated by the City and a Consultant representative shall be designated by the Consultant. The City representative and the Consultant representative shall be the primary contact person for each party regarding performance of this Agreement. The City representative shall cooperate with the Consultant, and the Consultant's representative shall cooperate with the City in all matters regarding this Agreement and in such a manner as will result in the performance of the services in a timely and expeditious fashion.
22. This Agreement represents the entire and integrated Agreement between the City and the Consultant, and supersedes all prior negotiations, representations or Agreements, either written or oral. This Agreement may be modified or amended only by a subsequent written Agreement signed by both parties.
23. Where the payment terms provide for compensation on a time and materials basis, A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
MORENO VALLEY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN PROJECT NO. 810 0021
12 the Consultant shall maintain adequate records to permit inspection and audit of the Consultant's time and materials charges under this Agreement. The Consultant shall make such records available to the City at the Consultant's office during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records. Exc ept as may be otherwise required by law, such records will be available only to the City. Such records shall be maintained by the Consultant for three (3) years following completion of the services under this Agreement.
24. The City and the Consultant agr ee, that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both parties.
25. (a) Consultant shall comply, and require its subconsultants to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of City, Consultant shall provide a written opinion of its legal counsel and that of any subconsultant that, after a due diligent inquiry, Consultant and the respective subconsultant(s) are in full compliance with all laws and regulations. Consultant shall take, and require its subconsultants to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, Consultant shall immediately notify City of these facts in writing.
(b) In performing the work or services to be provided hereunder, Consultant A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
MORENO VALLEY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN PROJECT NO. 810 0021
13 shall not employ or retain the services of any person whil e such person either is employed by City or is a member of any C ity council, commission, board, committee, or similar C ity body.
This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
(c) Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
(d) Neither Consultant, nor any of Consultant’s subconsultants performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing. Consultant and any of its subconsultants shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, Consultant shall remain responsible for complying with Section 25(a), above.
(e) If Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Consultant shall include the provisions of this Section 25 in each subcontract and require its subconsultants to comply therewith.
(f) This Section 25 shall survive expiration or termination of this Agreement.
26. All Plans, drawings, Specifications, reports, logs, and other documents prepared by the Consultant in its performance under this Agreement shall, upon completion of the project, be delivered to and be the property of the City, provided that the Consultant shall be entitled, at A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
MORENO VALLEY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE MASTER PLAN PROJECT NO. 810 0021
14 its own expense, to make copies thereof for its own use.
27. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall also govern the interpretation of this Agreement. Venue shall be vested in the Superior Court of the State of California, County of Riverside.
SIGNATURE PAGE FOLLOWS
A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.
City of Moreno Valley ICF Incorporated, L.L.C. d/b/a ICF Consulting, L.L.C.
BY: BY:
Mike Lee, City Manager
Name:
Date TITLE:
(President or Vice President)
D ate
BY:
Name:
TITLE:
(Corporate Secretary)
Date
Enclosures: Exhibit “A” – City Scope of Services
Exhibit “B” – Consultant Proposal
Exhibit “C” – City Services
Exhibit “D” – Terms of Payment
Exhibit “E” – Insurance Requirements
INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Public Works Director/City Engineer
Date
A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
EXHIBIT “A”
CITY SCOPE OF SERVICES
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
EXHIBIT “B”
CONSULTANT PROPOSAL
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
EXHIBIT “C”
CITY - SERVICES TO BE PROVIDED
TO CONSULTANT
1. Furnish the Consultant all in- house data which is pertinent to services to be performed by the Consultant and which is within the custody or control of the City, including, but not limited to, copies of record and off-record maps and other record and off -record property data, right -of-way maps and other right -of-way data, pending or proposed subject property land division and development applic ation data, all newly developed and pertinent design and project specification data, and such other pertinent data which may become available to the City.
2. Provide timely review, processing, and reasonably expeditious approval of all submittals by the Consultant.
3. Provide timely City staff liaison with the Consultant when requested and when reasonably needed.
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
EXHIBIT “D”
TERMS OF PAYMENT
1. The Consultant's compensation shall not exceed $229,475.00.
2. The Consultant will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley b usiness license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley b usiness license are located at: http://www.moval.org/biz-lic.
3. The Consultant will electronically submit an invoice to the City along with documentation evidencing services completed to date as specified in the Request for Proposal. Progress payments will be made in accordance with the payment schedule outlined in the Request for Proposal, but in no case will progress payments be made to the Consultant more frequently than once per month. The progress payment is based on actual time and materials expended in furnishing authorized professional services during the preceding calendar month. At no time will the City pay for more services than have been satisfactorily completed and the City Engineer’s determination of the amount due for any progress payment shall be final. The consultant will submit all original invoices to Accounts Payable staff at [email protected]
. Accounts Payable questions can be directed to
(951) 413-3130.
4. The Consultant agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf
5. The minimum information required on all invoices is:
A. Vendor Name, Mailing Address, and Phone Number
B. Invoice Date
C. Vendor Invoice Number
D. City-provided Reference Number (e.g. Project, Activity) E. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of a contract amount , or detailed billing information that is sufficient to justify the invoice amount ; single, lump amounts without detail are not acceptable.
6. The City shall pay the Consultant for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.
A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
EXHIBIT “E”
INSURANCE REQUIREMENTS
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations, products and completed operations, and contractual liability.
2. The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers’ Compensation insurance as required by the California Labor Code and Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession.
Minimum Limits of Insurance
Consultant shall maintain limits of liability of not less than:
1. General Liability:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage
3. Employer’s Liability:
$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
4. Professional Liability (Errors and Omissions):
$1,000,000 per claim/occurrence
$2,000,000 policy aggregate
Umbrella or Excess Insurance
In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Deductibles and Self-Insured Retentions
Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and Consultant shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects The City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority, and each of their officers, officials, employees, agents and volunteers; or (ii) Consultant shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.
Other Insurance Provisions
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority, and each of their officers, officials, employees, agents and volunteers are to be covered as additional insureds.
2. The coverage shall contain no special limitations on the scope of protection afforded to the City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority, and each of their officers, officials, employees, agents and volunteers.
3. Consultant’s insurance coverage shall be primary and no contribution shall be required of City.
The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Consultant and its insurer shall waive any right of subrogation against the City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority, and each of their officers, officials, employees, agents and volunteers.
If the Professi onal Liability (Errors and Omissions) insurance policy is written on a claims-made A.21.b
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form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.
2. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.
3. If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.
4. A copy of the claims reporting requirements must be submitted to City for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non- renewed, reduced in coverage or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
Acceptability of Insurers
All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide; or authorized by the City Manager or his/her designee.
Verification of Coverage
A.21.b
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Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.
A.21.b
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Attachment: Consultant Agreement for Project Specific Services - ICF Consulting LLC - (02.21.23) (5789 : AWARD THE ELECTRIC VEHICLE
Report to City Council
ID#6140 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: March 21, 2023
TITLE: PURSUANT TO LANDOW NER PETITIONS, ANNEX
CERTAIN PARCELS INTO COMMUNITY FACILITIES
DISTRICT NO. 2021 -01 (PARKS MAINTENANCE) -
AMENDMENT NOS. 49, 66, 70, 75, 76 AND 77 (RESO.
NOS. CSD 2023- __ TO CSD 2023-__)
RECOMMENDED ACTION
Recommendation:
1. Adopt Resolution No. CSD 2023-__, 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 appro ving the amended map for said District (Amendment No. 49) (Mark T. Mansour and Marena E. Harby , 17148 Via Xavier).
2. Adopt Resolution No. CSD 2023 -__, 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. 66) (CRP/PDC MORENO VALLEY OWNER , located east of Old 215 Frontage Rd., south of Bay Ave.).
3. Adopt Resolution No. CSD 2023 -__, 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 Commun ity Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 70) (Jesus and Arturo Anaya, 15769 Cayman Cir.).
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4. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Commu nity 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. 75) (Mena Younan, 16812 Baltic Ct.).
5. Adopt Resolution No. CSD 2023-__, 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 Communit y Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 76) (Nulevel Partners, located on cul-de-sac at the east end of Kimberley Ave.)
6. Adopt Resolution No. CSD 2023 -__, a Resolution of the Bo ard 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. 77) (Crosswell, Inc., 24455 Atwood Ave.).
SUMMARY
Adoption of the resolution s (Attachments 1-6) will certify the annexation of 22 parcels into Community Facilities District (CFD) No. 2021-01 ( Parks Maintenance) (“District”).
This action impacts only the property owners identified below, not the general citizens or taxpayers of the City.
DISCUSSION
As a condition of approval for the development projects identified below, the applicants are required to provide an ongoing fundi ng 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.
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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 c onsent. Once annexed, parcels are subject to the annual special tax to fund the service they are receiving.
Property Owner
Project
ACP Record #s
Amendment
No. APN Location
Mark T. Mansour and Marena E. Harby
Accessory Dwelling Unit (ADU)
BFR22-0062/SCP22-0075
49 308-481-007 17148 Via Xavier
CRP/PDC MORENO VALLEY OWNER
Old 215 Industrial Business Park, 6
Industrial Warehouses
PEN21-0105/SCP22-0109
66 263-230-002
263-220-004
263-220-008
263-220-009
263-220-017
263-220-018
263-220-023
263-220-027
263-220-028
263-220-029
East of Old 215 Frontage Rd.,
south of Bay Ave.
Jesus and Arturo Anaya
Accessory Dwelling Unit (ADU)
BFR22-0160/SCP22-0115
70 486-222-040
15769 Cayman Cir.
Mena Younan
Accessory Dwelling Unit (ADU)
BFR22-0122/SCP22-0111
75 316-141-012 16812 Baltic Ct.
Nulevel Partners
TR 24301, 8 Single Family Homes and
ADUs
PEN20-0190/SCP23-0001
76 475-280-078
475-280-079
475-280-080
475-280-081
475-280-082
475-280-083
475-280-084
475-280-085
Cul-de-sac at the east end of
Kimberley Ave.
Crosswell, Inc.
Custom Single Family Home
PEN21-0253/SCP23-0002
77 482-080-043 24455 Atwood Ave.
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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 livi ng within the proposed annexation area; or
2. The applicant funds an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation and provides for the ongoing operation and maintenance of parks facilities.
The Property Owners listed above elected to annex their property into CFD No. 2021-01 and have the special tax applied to the annual property tax bill. The Office of the Riverside County Registrar of Voters confirmed the number of registered voters residing at each property, allowing a special election of the landowner. Adoption of the resolutions (Attachments 1-6) 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 7-12) and amended notice of special tax lien s for the amendments. The Election Official confirmed the Property Owner s unanimously approved the annexation of their property into the District (Attachments 13- 18).
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 re solutions. Staff does not recommend this alternative because it is contrary to the request of the Property Owner s, will not satisfy the condition of approval, and may delay development of the projects.
3. Do not adopt the resolution s but rather continue the item to a future regularly scheduled City Council meeting. Staff does not recommend this alternative as it will delay the Property Owner s from satisfying the condition of approval and may delay development of the projects.
FISCAL IMPACT
Revenue received from the special tax is restricted and can only be used to fund the services for each tax rate area within the District. The special tax can only be applied to a property tax bill of a parcel wherein the qualified electors (i.e., landowners or registered v oters, depending upon the number of registered voters) have previously B.4
Packet Pg. 483
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 p roperty 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 I ndex (CPI) or five percent (5%), whichever is greater.
However, the annual adjustment cannot be applied unless the CSD Board annually authorizes such adjustment. The increase to the maximum special tax rate cannot exceed the annual inflationary adjustment without a two -thirds approval of the qualified electors within the affected tax rate area.
NOTIFICATION
The Landowner Petitions were emailed to the Property Owner s on February 16, 2023 and February 23, 2023.
PREPARATION OF STAFF REPORT
Prepared by: Department Head Approval:
Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager Property Owner
Project
ACP Record #s
Amendment
No. Property Type
FY 2022/23
Maximum
Special Tax Rate
Mark T. Mansour and Marena E. Harby
Accessory Dwelling Unit (ADU)
BFR22-0062/SCP22-0075
49 Single Family $308.39/unit
CRP/PDC MORENO VALLEY OWNER
Old 215 Industrial Business Park
PEN21-0105/SCP22-0109
66 Industrial $9.59/1,000 feet of
Building Square Footage
Jesus and Arturo Anaya
Accessory Dwelling Unit (ADU)
BFR22-0160/SCP22-0115
70 Single Family $308.39/unit
Mena Younan
Accessory Dwelling Unit (ADU)
BFR22-0122/SCP22-0111
75 Single Family $308.39/unit
Nulevel Partners
TR 24301, 8 Single Family Homes
PEN20-0190/SCP23-0001
76 Single Family $308.39/unit
Crosswell, Inc.
Custom Single Family Home
PEN21-0253/SCP23-0002
77 Single Family $308.39/unit
B.4
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Concurred by:
Jeremy Bubnick
Parks & Community Services Director
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 an d foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
Objective 4.2: Develop and maintain a comprehensive Infrastructure Plan to invest in and deliver City infrastructure.
Objective 5.2: Promote the installation and maintenance of cost effective, low maintenance landscape, hardscape and other improvements which create a clean, inviting community.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Resolution Ordering Annexation - Amendment No. 49
2. Resolution Ordering Annexation - Amendment No. 66
3. Resolution Ordering Annexation - Amendment No. 70
4. Resolution Ordering Annexation - Amendment No. 75
5. Resolution Ordering Annexation - Amendment No. 76
6. Resolution Ordering Annexation - Amendment No. 77
7. Boundary Map - Amendment No. 49
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8. Boundary Map - Amendment No. 66
9. Boundary Map - Amendment No. 70
10. Boundary Map - Amendment No. 75
11. Boundary Map - Amendment No. 76
12. Boundary Map - Amendment No. 77
13. Certificate of Election Official - Amendment No. 49
14. Certificate of Election Official - Amendment No. 66
15. Certificate of Election Official - Amendment No. 70
16. Certificate of Election Official - Amendment No. 75
17. Certificate of Election Official - Amendment No. 76
18. Certificate of Election Official - Amendment No. 77
APPROVALS
Budget Officer Approval ✓ Approved . 3/10/23 10:41 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 3/11/23 12:41 PM B.4
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1 Resolution No. 2023-___
Date Adopted: March 21, 2023
RESOLUTION NO. 2023-___
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. 49 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:
B.4.a
Packet Pg. 487
Attachment: Resolution Ordering Annexation - Amendment No. 49 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN
2 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
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) 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.
4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The Board directs that said map be filed with the Riverside County Recorder pursuant to Section 3113 of the Streets and Highways Code.
5. Notice of Special Tax Lien. The Board directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcel associated with the Boundary Map.
6. This Resolution shall be effective immediately upon adoption.
7. The Secretary shall certify to the adoption of this Resolution, and shall maintain it on file as a public record this Resolution.
8. Severability. The Board declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provision s, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
B.4.a
Packet Pg. 488
Attachment: Resolution Ordering Annexation - Amendment No. 49 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN
3 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
APPROVED AND ADOPTED this 21st day of March 2023.
_______________________________
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
Packet Pg. 489
Attachment: Resolution Ordering Annexation - Amendment No. 49 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN
4 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
RESOLUTION JURAT
I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
B.4.a
Packet Pg. 490
Attachment: Resolution Ordering Annexation - Amendment No. 49 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN
5 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
EXHIBIT A
List of Annexation Parcel(s)
Amendment Map No. Assessor's Parcel Numbers
49 308-481-007
B.4.a
Packet Pg. 491
Attachment: Resolution Ordering Annexation - Amendment No. 49 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN
6 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
EXHIBIT B
Boundary Map Amendment
B.4.a
Packet Pg. 492
Attachment: Resolution Ordering Annexation - Amendment No. 49 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: March 21, 2023
RESOLUTION NO. 2023-___
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. 66 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:
B.4.b
Packet Pg. 493
Attachment: Resolution Ordering Annexation - Amendment No. 66 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
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 declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
B.4.b
Packet Pg. 494
Attachment: Resolution Ordering Annexation - Amendment No. 66 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
APPROVED AND ADOPTED this 21st day of March 2023.
_______________________________
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
Packet Pg. 495
Attachment: Resolution Ordering Annexation - Amendment No. 66 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
RESOLUTION JURAT
I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
B.4.b
Packet Pg. 496
Attachment: Resolution Ordering Annexation - Amendment No. 66 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
EXHIBIT A
List of Annexation Parcels
Amendment Map No. Assessor's Parcel Numbers
66 263-230-002
263-220-004
263-220-008
263-220-009
263-220-017
263-220-018
263-220-023
263-220-027
263-220-028
263-220-029
B.4.b
Packet Pg. 497
Attachment: Resolution Ordering Annexation - Amendment No. 66 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
EXHIBIT B
Boundary Map Amendment
B.4.b
Packet Pg. 498
Attachment: Resolution Ordering Annexation - Amendment No. 66 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: March 21, 2023
RESOLUTION NO. 2023-___
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. 70 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:
B.4.c
Packet Pg. 499
Attachment: Resolution Ordering Annexation - Amendment No. 70 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
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) 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.
4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The Board directs that said map be filed with the Riverside County Recorder pursuant to Section 3113 of the Streets and Highways Code.
5. Notice of Special Tax Lien. The Board directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcel associated with the Boundary Map.
6. This Resolution shall be effective immediately upon adoption.
7. The Secretary shall certify to the adoption of this Resolution, and shall maintain it on file as a public record this Resolution.
8. Severability. The Board declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provision s, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
B.4.c
Packet Pg. 500
Attachment: Resolution Ordering Annexation - Amendment No. 70 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
APPROVED AND ADOPTED this 21st day of March 2023.
_______________________________
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.c
Packet Pg. 501
Attachment: Resolution Ordering Annexation - Amendment No. 70 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
RESOLUTION JURAT
I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
B.4.c
Packet Pg. 502
Attachment: Resolution Ordering Annexation - Amendment No. 70 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
EXHIBIT A
List of Annexation Parcel(s)
Amendment Map No. Assessor's Parcel Numbers
70 486-222-040
B.4.c
Packet Pg. 503
Attachment: Resolution Ordering Annexation - Amendment No. 70 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
EXHIBIT B
Boundary Map Amendment
B.4.c
Packet Pg. 504
Attachment: Resolution Ordering Annexation - Amendment No. 70 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: March 21, 2023
RESOLUTION NO. 2023-___
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. 75 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:
B.4.d
Packet Pg. 505
Attachment: Resolution Ordering Annexation - Amendment No. 75 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
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) 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.
4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The Board directs that said map be filed with the Riverside County Recorder pursuant to Section 3113 of the Streets and Highways Code.
5. Notice of Special Tax Lien. The Board directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcel associated with the Boundary Map.
6. This Resolution shall be effective immediately upon adoption.
7. The Secretary shall certify to the adoption of this Resolution, and shall maintain it on file as a public record this Resolution.
8. Severability. The Board declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
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Attachment: Resolution Ordering Annexation - Amendment No. 75 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
APPROVED AND ADOPTED this 21st day of March 2023.
_______________________________
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
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Attachment: Resolution Ordering Annexation - Amendment No. 75 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
RESOLUTION JURAT
I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
B.4.d
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Attachment: Resolution Ordering Annexation - Amendment No. 75 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
EXHIBIT A
List of Annexation Parcel(s)
Amendment Map No. Assessor's Parcel Number
75 316-141-012
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Attachment: Resolution Ordering Annexation - Amendment No. 75 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
EXHIBIT B
Boundary Map Amendment
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Attachment: Resolution Ordering Annexation - Amendment No. 75 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: March 21, 2023
RESOLUTION NO. 2023-___
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. 76 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. 76 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
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 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.
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Attachment: Resolution Ordering Annexation - Amendment No. 76 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
APPROVED AND ADOPTED this 21st day of March 2023.
_______________________________
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.e
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Attachment: Resolution Ordering Annexation - Amendment No. 76 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
RESOLUTION JURAT
I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
B.4.e
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Attachment: Resolution Ordering Annexation - Amendment No. 76 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
EXHIBIT A
List of Annexation Parcel(s)
Amendment Map No. Assessor's Parcel Number
76 475-280-078
475-280-079
475-280-080
475-280-081
475-280-082
475-280-083
475-280-084
475-280-085
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Attachment: Resolution Ordering Annexation - Amendment No. 76 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
EXHIBIT B
Boundary Map Amendment
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Attachment: Resolution Ordering Annexation - Amendment No. 76 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2023-___
Date Adopted: March 21, 2023
RESOLUTION NO. 2023-___
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. 77 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. 77 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
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) 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.
4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The Board directs that said map be filed with the Riverside County Recorder pursuant to Section 3113 of the Streets and Highways Code.
5. Notice of Special Tax Lien. The Board directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcel associated with the Boundary Map.
6. This Resolution shall be effective immediately upon adoption.
7. The Secretary shall certify to the adoption of this Resolution, and shall maintain it on file as a public record this Resolution.
8. Severability. The Board declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
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Attachment: Resolution Ordering Annexation - Amendment No. 77 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
APPROVED AND ADOPTED this 21st day of March 2023.
_______________________________
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.f
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Attachment: Resolution Ordering Annexation - Amendment No. 77 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
RESOLUTION JURAT
I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
B.4.f
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Attachment: Resolution Ordering Annexation - Amendment No. 77 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
EXHIBIT A
List of Annexation Parcel(s)
Amendment Map No. Assessor's Parcel Number
77 482-080-043
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Attachment: Resolution Ordering Annexation - Amendment No. 77 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2023-___
Date Adopted: March 21, 2023
EXHIBIT B
Boundary Map Amendment
B.4.f
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Attachment: Resolution Ordering Annexation - Amendment No. 77 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN
CREMELLO WAYVIA XAVIER
KITCHING STINDIAN STKITCHING STPERRIS BLVDVIA XAVIERFOX TROT LN B.4.g
Packet Pg. 523
Attachment: Boundary Map - Amendment No. 49 (6140 : PURSUANT TO LANDOWNER PETITIONS,
GRANT ST
B.4.h
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Attachment: Boundary Map - Amendment No. 66 (6140 : PURSUANT TO LANDOWNER PETITIONS,
PATRICIA ST
BLUECHIP CIRKITCHING STFARMSTEAD STCAYMAN CIRFARMSTEAD ST BLUECHIP CIRKITCHING ST
WEDOW DRWEDOW DR
PERRIS BLVDPATRICIA STKITCHING STORO GLEN DRBLUECHIP CIRFARMSTEAD STWEDOW DRCAYMAN CIRWEDOW DR B.4.i
Packet Pg. 525
Attachment: Boundary Map - Amendment No. 70 (6140 : PURSUANT TO LANDOWNER PETITIONS,
BALTIC CTTRINITY BAY CTINDIAN STINDIAN STINDIAN ST
SIR BARTON WAYCANOE CVBALTIC CTMEDITERRANEAN DRTRINITY BAY CTPERRIS BLVDHEACOCK STINDIAN STTARANO LNPERRIS BLVD B.4.j
Packet Pg. 526
Attachment: Boundary Map - Amendment No. 75 (6140 : PURSUANT TO LANDOWNER PETITIONS, 475-280-085
ZANTAR LNDAVIS STDAVIS ST
B.4.k
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Attachment: Boundary Map - Amendment No. 76 (6140 : PURSUANT TO LANDOWNER PETITIONS, B.4.l
Packet Pg. 528
Attachment: Boundary Map - Amendment No. 77 (6140 : PURSUANT TO LANDOWNER PETITIONS, B.4.m
Packet Pg. 529
Attachment: Certificate of Election Official - Amendment No. 49 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.n
Packet Pg. 530
Attachment: Certificate of Election Official - Amendment No. 66 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.o
Packet Pg. 531
Attachment: Certificate of Election Official - Amendment No. 70 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.p
Packet Pg. 532
Attachment: Certificate of Election Official - Amendment No. 75 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.q
Packet Pg. 533
Attachment: Certificate of Election Official - Amendment No. 76 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.r
Packet Pg. 534
Attachment: Certificate of Election Official - Amendment No. 77 (6140 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS
Report to City Council
ID#6056 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: March 21, 2023
TITLE: ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO
LEVY ASSESSMENTS IN FISCAL YEAR 2023/24 FOR
MORENO VALLEY COMMUNITY SERVICES DISTRICT
LANDSCAPE MAINTENANCE DISTRICT NO. 2014 -02
(RESO. NOS. CSD 2023 -__, CSD 2023 -__, AND CSD
2023-__)
RECOMMENDED ACTION
Recommendations:
1. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Initiating Proceedings to Levy the Fiscal Year 2023/24 Assessments against Real Property in Moreno Valley Com munity Services District Landscape Maintenance District No. 2014-02.
2. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving an Engineer’s Report in Connection with the 2023/24 Assessments against Real Property in Moreno Valley Community Services District Landscape Maintenance District No. 2014-02.
3. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services Dis trict of the City of Moreno Valley, California, Declaring its Intention to Levy the Fiscal Year 2023/24 Assessments against Real Property in Moreno Valley Community Services District Landscape Maintenance District No. 2014-02.
SUMMARY
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This report recommends adoption of th ree resolutions (Attachments 1, 2, and 3) , which will initiate the annual process to continue the levy of special assessments on the fiscal year (FY) 2023/24 property tax roll for Moreno Valley Community Services District (“CSD”) Landscape Maintenance District (LMD) No. 2014-02. If adopted, the resolutions will 1) initiate proceedings to levy the annual assessment s, 2) approve the assessment engineer’s report for the district , and 3) declare the intent to levy assessments on the FY 2023/24 property tax roll and set June 21, 2023 as the date of the Public Hearing .
This is a routine process that is required each year.
The proposed assessments are a continuation of the real property assessments currently levied on the property tax roll. There are n o increases proposed to the assessments other than an annual inflationary adjustment, provided the property owners previously approved such adjustment. Revenue received from the assessments partially funds the ongoing maintenance of public landscape improvements provided by the district and in some cases is collected for future capital improvement or reinvestment projects (“CIP”).
The Finance Subcommittee reviewed the annual inflationary adjustments proposed to be applied to the maximum assessment r ates, if previously authorized by the property owners, at its February 28, 2023 meeting.
DISCUSSION
On May 27, 2014, the CSD adopted its Resolution CSD 2014-09, establishing LMD No. 2014-02 (“District”) (certain former CSD landscape zones ) under the Land scaping and Lighting Act of 1972 (the “1972 Act”) . On May 12, 2015, Zone 09 was annexed into the District. LMD No. 2014 -02 includes eleven benefit zones. Each zone provides public landscape maintenance services within a defined geographical area of the Cit y.
Property owners of parcels within the District pay a special assessment as part of their annual property tax bill . Revenue received from the assessment fund s the Special Benefit cost, as defined in the Assessment Engineer’s Report (“Report”) (Attachment 4), to maintain the public landscaping located within the District.
The frequency of landscape maintenance provided is based on each zone’s financial resources. At the time the City accepts an area’s public landscaping for maintenance, the assessment is set at a rate sufficient to fund the City’s standard frequency of service, Level 1 (4 -week rotation). For those zones where costs to maintain the landscaping have increased and the property owners have not approved a mail ballot proceeding to increase the assessment to fund th ose increases, the services provided have been reduced to a level consistent with that zone’s available funding. A summary of each zone and its current service level is in the table below. Maps of each zone are included in the Report.
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The assessment cannot be levied on the property tax r oll nor can an adjustment be made to the assessment unless the property owners previously approved and the CSD Board authorizes such adjustment . The 1972 Act requires the CSD Board to initiate annual proceedings and conduct a Public Hearing to receive public input on the proposed levy, prior to authorizing such levy each year. The 1972 Act also requires an annual review and evaluation of the District’s revenues and expenditures before assessments can continue to be levied on the property tax roll for the next fiscal year.
The Report includes a description of the improvements within the District, the projected annual maintenance costs and funding to be collected for CIP, if any , the method of assessment apportionment for each lot or parcel within the District boundaries, and a diagram showing the parcels within the zones that make up the District. The Report also provides an analysis of the District’s annual financial status. It separates and apportions the cost of General Benefit, the other costs funded by the General Fund, and the cost of Special Benefit to the benefiting properties.
Costs considered to be of General Benefit, as defined in the Report, are not allowed to be assessed to properties and therefore are apportioned as a General Fund expense.
General Benefit refers to the benefit the public receives from the District’s public landscape improvements. The General Fund is also programmed to cover additional costs, which are outlined in the Fisc al Impact section of this report. The City’s FY 2023/24 proposed Operating Budget includes funds necessary to cover these costs.
Adoption of the proposed resolutions will 1) initiate proceedings for the annual levy of assessments for LMD No. 2014-02, 2) approve the Report, and 3) declare the intent to levy assessments on the FY 2023/24 property tax roll and set 6:00 p .m. on May 16 , 2023 as the date of the Public Hearing. After the close of the Public Hearing and provided there is not a majority protest, t he CSD Board can consider authorizing the B.5
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recommended assessments to levy on the FY 2023/24 property tax bills of parcels within LMD No. 2014-02.
Conflict of Interest Analysis
Section 18702.2 of the Fair Political Practices Commission (FPPC) Regulations provides that if a Council Member has a financial interest in a parcel of land (other than a leasehold interest), the Council Member must recuse him or herself from voting on any proposal that would impose, repeal, or modify any taxes, fees, or assessment s that apply to the parcel owned by the Council Member. However, there is an exception under Section 18703 of the FPPC Regulations, which provides that if a governmental decision's financial effect on a Council Member’s financial interest is indistinguisha ble from its effect on the public generally, then the Council Member is not disqualified from participating in the subject decision. In other words, if the Council Member can establish that a significant segment of the public is affected by the decision, a nd the effect on the Council Member’s financial interest is not unique compared to the effect on the public generally, then the subject Council Member may participate in the subject decision.
Section 18703 also includes a provision titled “Specific Rul es for Special Circumstances,” which provides in part that there is no potential conflict of interest if the decision involves a proposal to set or adjust the amount of an assessment or tax for broadly provided public services that is applied equally, prop ortionally, or by the same percentage to the official's interest and all businesses, properties, or individuals subject to the assessment or tax. This exception, however, does not apply if the decision would initially impose the assessment or tax, or determine the boundaries of a property or who is subject to the assessment or tax. Under this exception, a Council Member is only permitted to take part in setting or adjusting the amount of the assessment or tax, once the decisions to implement the assessment or tax, or determine which property or persons that will be subject to the assessment or tax have already been made.
Since the instant situation pertains to recommendations regarding whether to adjust the amounts of various assessments and taxes in a m anner that will be the same across the board, which are associated with assessment and special tax districts that have already been established, any Council Member who owns property within any of the subject districts who are subject to payment of the asse ssments and/or special taxes may vote on the assessments and/or special taxes, whether it is recommended that the amounts remain the same or be increased.
With respect to those Council Members who rent or lease real property within any of the subject districts, there is a different rule which applies that suggests that there may be a potential conflict of interest that requires such Council Members to recuse themselves from voting on the proposed assessments and/or special taxes, whether it is recommended that the amounts remain the same or be increased.
Section 18702.2 of the FPPC Regulations, titled “Materiality Standard: Financial Interest in Real Property” provides that it is reasonably foreseeable that a governmental decision on any real property in which a Council Member has a leasehold interest is B.5
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material if the governmental decision will increase or decrease the potential rental value of the property. In cases involving any proposed increase in an assessment or special tax that must be paid by the landlord as the property owner, it is foreseeable that the landlord may pass -through any such increase to anyone leasing the property that is subject to the assessment or special tax.
In light of the foregoing, it is recommended that each Council M ember who rents property within a particular district that is subject to the taxes and assessments listed in this staff report should recuse themselves from participating in any decision to increase any tax or assessment that may be passed through by the l andlord and consequently affect the potential rental value of the property rented by the Council Member. On the other hand, for those who own property within the subject districts may vote on the proposed taxes and assessments since they will be applied eq ually across the board that presumably will not create a unique effect on the Council Member’s interest.
ALTERNATIVES
1. Adopt the proposed resolutions. Staff recommends this alternative as it is consistent with the 1972 Act and required to initiate the an nual process to continue levying the annual assessments on the property tax roll to support the public landscape maintenance program for FY 2023/24.
2. Do not adopt the proposed resolutions. Staff does not recommend this alternative as it may prevent the Cit y from levying the FY 2023/24 assessments and collecting funding to support the services of the District as requested by the property owners.
3. Do not adopt the proposed resolutions but rather continue the item to a future Council meeting. Staff does not re commend this alternative as it may prevent the City from meeting Riverside County’s deadline to include assessments on the FY 2023/24 property tax roll.
FISCAL IMPACT
Property owners pay the special assessment as part of their annual property tax bill .
The assessment, including an inflationary adjustment to the maximum assessment rate, has been approved through prior proceedings. Funds received for the benefit of each zone are restricted and can only be used within the zone and for the purposes for which they were collected.
If the property owners approved an annual inflationary adjustment, the Report recommends increasing the FY 2023/24 maximum assessment rates by an annual inflationary adjustment ( i.e. Consumer Price Index or other factor approved by t he property owners). Zone 04 is the only zone where the property owners have not approved an annual inflationary adjustment.
The applied assessment rate is the amount needed to fund the services of each zone B.5
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and is the amount actually levied on the property tax roll. It cannot exceed the maximum rate. After completing an individual analysis of each zone’s current level of service, anticipated expenditures, fund balance, assigned reserve levels, and proposed CIP, the Report recommends setting the applied r ates as those set forth below. Parcel specific detail of the proposed maximum and applied assessment is included in the Report as attached and is also available from the City Clerk’s office and accessible from the City’s website (www.moval.org/sf).
Zone # of EBUs1 Maximum2 Applied3,4 Maximum2 Applied3
Adjustment to
Maximum4
Change in
Applied
Assessment
Revenue5
Zone 01 2,184 168.23$ 168.23$ 176.52$ 176.52$ 4.93% 8.29$ 386,250.34$ Zone 01A 557 103.00$ 103.00$ 108.08$ 108.08$ 4.93% 5.08$ 60,189.42$ Zone 02 1,247 530.67$ 530.67$ 556.84$ 556.84$ 4.93% 26.16$ 694,177.82$ Zone 03 4,416 168.23$ 168.23$ 176.52$ 176.52$ 4.93% 8.29$ 779,521.00$ Zone 03A 467 89.45$ 89.45$ 93.86$ 93.86$ 4.93% 4.41$ 43,832.62$ Zone 046 2,522 110.00$ 110.00$ 110.00$ 110.00$ 0.00% -$ 277,431.00$ Zone 057 334 528.69$ 65.36$ 554.76$ 115.36$ 4.93% 50.00$ 38,530.24$ Zone 067 424 370.20$ 181.15$ 388.45$ 231.14$ 4.93% 49.99$ 98,003.36$ Zone 077 262 443.49$ 78.16$ 465.35$ 78.16$ 4.93% -$ 20,477.92$ Zone 087 291 390.53$ 120.16$ 409.79$ 160.16$ 4.93% 40.00$ 46,606.56$ Zone 097,8 150 813.19$ 298.66$ 853.28$ 348.66$ 4.93% 50.00$ 52,299.00$ Total Projected Assessment Revenue 2,497,319.28$
1 Equivalent Benefit Units. Generally, an EBU is equivalent to a single-family residential (SFR) parcel. Properties other than SFR (e.g. undeveloped land or condo) will be assigned an EBU greater or less than 1, depending upon the formula in the Engineer's Report.(Rounded). 2 Maximum Rate that can be used to calculate assessment levied as previously authorized by the property owners.(Rounded) 3 Applied Rate is the amount used to calculate the assessment levied on the property tax roll. (Rounded) 4 Property owner approved inflationary adjustment to max rate based on percentage change calculated for the prior year in the Los Angeles-Long Beach-Anaheim Regional Consumer Price Index, as published by the Department of Labor’s Bureau of Labor Statistics (index approved by property owners). 5 Total of proposed levy differs from calculation of EBUs and rate shown due to rounding. 6 Does not have a property owner approved annual adjustment. 7 Applied rate lower due to projected expenses and/or available fund balances. 8 Property owners authorized an annual inflationary adjustment to the maximum assessment rate equal to the greater of CPI or 3.0%.
Proposed FY 2023/24
LMD 2014-02 Assessment Rates
(Landscape Maintenance)
FY 2022/23
For FY 2023/24, the total projected expenditures for the District are $2,998,311.13. The property assessments are projected to generate $2,497,319.28 in revenue. Other revenue sources to the District (e.g. interest inco me), the use of available unassigned reserves in certain zones, and the General Fund are programmed to fund the difference between projected expenditures and assessment revenue.
The City’s FY 2023/24 proposed Operating Budget includes a total General Fun d contribution of $218,146.33.
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Third party costs associated with the annual levy approval process and preparation of the Report for LMD No. 2014 -02 are projected not to exceed $ 5,500. Third party services include a consultant assessment engineer, speci al legal counsel, and publication of the Public Hearing legal notice. These costs are included in the City’s FY 2022/23 Adopted Operating Budget for LMD No. 2014-02 (Fund 5014).
NOTIFICATION
Posting of the agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager Chief Financial Officer/ City Treasurer
CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
Community Image, Neighborhood Pride and Cle anliness. 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
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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
See the Discussion section above for details of how this action support s the City Council’s Strategic Priorities.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Resolution Initiating Proceedings
2. Resolution Approving Engineer's Report
3. Resolution Declaring Intent
4. LMD 2014-02 Assessment Engineer's Report
APPROVALS
Budget Officer Approval ✓ Approved . 3/10/23 10:38 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 3/11/23 12:40 PM B.5
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1 Resolution No. CSD 2023-__
Date Adopted: March 21, 2023
RESOLUTION NO. CSD 2023-__
A RESOLUTION OF THE BOARD FOR THE MORENO
VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY
OF MORENO VALLEY, CALIFORNIA, INITIATING
PROCEEDINGS TO LEVY THE FISCAL YEAR 2023/24
ASSESSMENTS AGAINST REAL PROPERTY IN MORENO
VALLEY COMM UNITY SERVICES DISTRICT
LANDSCAPE MAINTENANCE DISTRICT NO. 2014-02
WHEREAS, pursuant to Government Code Section 61122(e), the Moreno Valley Community Services District (the “CSD”) is authorized to levy benefit assessments for operations and maintenance pursuant to the Landscaping and Lighting Assessment Act of 1972 (Streets & Highways Code Section 22500 et seq.) (the “Act”); and
WHEREAS, by its Resolution No. CSD 2014-09, adopted on May 27, 2014, the Board of Directors, pursuant to the Act, established the Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 (the “Assessment District”) to fund landscape maintenance services through the levy of annual assessments against real property; and
WHEREAS, by its Resolutio n No. CSD 2 015-09, adopted on May 12, 2015, the CSD Board of Directors, pursuant to the Act, annexed Zone 09 into the Assessment District; and
WHEREAS, the Board of Directors desires to initiate proceedings to levy assessments in connection with the Assessment District for fiscal year (FY) 2023/24.
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.
2. Initiation of Proceedings. Pursuant to Section 22622, the Board of Directors hereby initiates proceedings for the FY 2023/24 levy of the annual assessments in connection with the Assessment District.
3. Direction to Engineer . The City Engineer is hereby directed to prepare and file, or cause to be prepared and filed, a report pursuant to Section 22565 et seq. of the Act with respect to the FY 2023/24 levy in connection with the Assessment District.
The improvements associated with the Assessme nt District are substantially the same improvements as in FY 2022/23.
4. Effective Date. This Resolution shall be effective immediately upon adoption.
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Attachment: Resolution Initiating Proceedings (6056 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS IN FISCAL 2 Resolution No. CSD 2023-__
Date Adopted: March 21, 2023
5. Certification. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
APPROVED AND ADOPTED this 21st day of March 2023.
___________________________________
Mayor of the City of Moreno Valley, acting in
the capacity of 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, acting in the capacity
of General Counsel of the Moreno
Valley Community Services District
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Attachment: Resolution Initiating Proceedings (6056 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS IN FISCAL 3 Resolution No. CSD 2023-__
Date Adopted: March 21, 2023
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead , Secretary of the Moreno Valley Communi ty Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-__ was duly and regularly adopted by the Board of Directors of the Moreno Valley Community Services District at a regular meeting held on the 21st day o f March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
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Attachment: Resolution Initiating Proceedings (6056 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS IN FISCAL 1 Resolution No. CSD 2023-__
Date Adopted: March 21, 2023
RESOLUTION NO. CSD 2023-__
A RESOLUTION OF THE BOARD FOR THE MORENO
VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY
OF MORENO VALLEY, CALIFORNIA, APPROVING AN
ENGINEER’S REPORT IN CONNECTION WITH THE
FISCAL YEAR 2023/24 ASSESSMENTS AGAINST REAL
PROPERTY IN MORENO VALLEY COMMUNITY
SERVICES DISTRICT LANDSCAPE MAINTENANCE
DISTRICT NO. 2014-02
WHEREAS, pursuant to Government Code Section 61122(e), the Moreno Valley Community Services District (the “CSD”) is authorized to levy benefit assessments for operations and maintenance pursuant to the Landscaping and Lighting Assessment Act of 1972 (Streets & Highways Code Section 22500 et seq.) (the “Act”); and
WHEREAS, by its Resolution No. CSD 2014-09, adopted on May 27, 2014, the Board of Directors, pursuant to the Act, established the Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 (the “Assessment District”) to fund landscape maintenance services through the levy of annual assessments against real property; and
WHEREAS, by its R esolution No. CSD 2015 -09, adopted on May 12, 2015, the CSD Board of Directors, pursuant to the Act, annexed Zone 09 into the Assessment District; and
WHEREAS, by prior resolution, the Board of Directors initiated proceedings to levy the Fiscal Year 2023/24 assessments against real property in the Assessment District and directed the City Engineer to prepare and file, or cause to be prepared and filed, a report pursuant to Section 22565 et seq. of the Act with respect to said levy; and WHEREAS, the City En gineer has designated Webb Municipal Finance, LLC as assessment engineer (the “Assessment Engineer”); and
WHEREAS, the Assessment Engineer has prepared and filed a report entitled “Annual Engineer’s Report Fiscal Year 2023/24, Moreno Valley Community Servi ces District Landscape Maintenance District No. 2014 -02” (the “Report”), which is on file in the Office of the Secretary of the CSD (the Office of the City Clerk of the City of Moreno Valley), is available for public inspection, and is incorporated herein by reference; and WHEREAS, the Board of Directors now desires to approve the Report.
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Attachment: Resolution Approving Engineer's Report (6056 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS IN 2 Resolution No. CSD 2023-__
Date Adopted: March 21, 2023
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 incorporated herein by this reference.
2. Approval of Report. The Board of Directors hereby approves the Report as filed.
3. Capital Improvement Project . In accordance with Streets and Highways Code Section 22660(a), the City Council has determined that the estimated cost of certain proposed improvements, described in Section 22525, subdivisions (a) through (d), are greater than can conveniently be raised from a single assessment and, as a result, sha ll be collected in ins tallments over a period not to exceed five fiscal years and held in a reserve account, as noted in the Engineer’s Report. General descriptions of these improv ements for all z ones in the District, as well as the estimated costs thereo f, the number of annua l installments and years during which they are to be collected, and the maximum amount of each annual installment, are described in the attached Capital Improvement Projects, included herein as Exhibit A and incorporated into this Resolution by this reference and in the Report.
4. Provision of Services. Nothing in th e description of services or any Resolution of the CSD Board shall be construed as committing the CSD to provide all of the proposed services. The provision of s ervices shall be subject to the av ailability of sufficient funding through the collection of assessment revenue within each zone of the Assessment District.
5. Severability. If any provision of this Resolution or the application of any such provision is held invalid, s uch invalidity shall no t a ffect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the Board of Directors declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
6. Effective Date. This Resolution shall be effective immediately upon adoption.
7. Certification. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
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Attachment: Resolution Approving Engineer's Report (6056 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS IN 3 Resolution No. CSD 2023-__
Date Adopted: March 21, 2023
APPROVED AND ADOPTED this 21st day of March 2023.
_____________________________________
Mayor of the City of Moreno Valley, acting in
the capacity of 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, acting in the capacity
of General Counsel of the Moreno
Valley Community Services District
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Attachment: Resolution Approving Engineer's Report (6056 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS IN
4 Resolution No. CSD 2023-__
Date Adopted: March 21, 2023
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead , Sec retary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-__ was duly and regularly adopted by the Board of Directors of the Moreno Valley Community Services District a t a regular meet ing held on the 21st day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
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Attachment: Resolution Approving Engineer's Report (6056 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS IN 5 Resolution No. CSD 2023-__
Date Adopted: March 21, 2023
Exhibit A
Capital Improvement Projects
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Attachment: Resolution Approving Engineer's Report (6056 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS IN 1 Resolution No. CSD 2023-__
Date Adopted: March 21, 2023
RESOLUTION NO. CSD 2023-__
A RESOLUTION OF THE BOARD FOR THE MORENO
VALLEY COMMUNITY SERVICES DISTRICT OF THE
CITY OF MORENO VALLEY, CALIFORNIA , DECLARING
ITS INTENTION TO LEVY THE FISCAL YEAR 2023/24
ASSESSMENTS AGAINST REAL PROPERTY IN
MORENO VALLEY C OMMUNITY SERVICES DISTRICT
LANDSCAPE MAINTENANCE DISTRICT NO. 2014-02
WHEREAS, pursuant to Government Code Section 61122(e), the Moreno Valley Community Services District (the “CSD”) is authorized to levy benefit assessments for operations and maintenance pursuant to the Landscaping and Lighting Assessment Act of 1972 (Streets & Highways Code Section 22500 et seq.) (the “Act”); and
WHEREAS, by its Resolution No. CSD 2014-09, adopted on May 27, 2014, the Board of Directors, pursuant to the Act, established the Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 (the “Assessment District”) to fund landscape maintenance services through the levy of annual assessments against real property; and
WHEREAS, by its Resolutio n No. CSD 2015-09, adopted on May 12, 2015, the CSD Board of Directors, pursuant to the Act, annexed Zone 09 into the Assessment District; and
WHEREAS, by prior resolution, the Board of Directors initiated proceedings to levy the fiscal year (FY) 2023/24 assessment against real property in the Assessment District and directed the City Engineer to prepare and file, or cause to be prepared and filed, a report pursuant to Section 22565 et seq. of the Act with respect to said levy; and WHEREAS, the Cit y Engineer has designated Webb Municipal Finance, LLC as assessment engineer (the “Assessment Engineer”); and
WHEREAS, the Assessment Engineer has prepared and filed a report entitled “Annual Engineer’s Report Fiscal Year 2023/24, Moreno Valley Comm unity Services District Landscape Maintenance District No. 2014-02” (the “Report”), which is on file in the Office of the Secretary of the CSD (the Office of the City Clerk of the City of Moreno Valley), is available for public inspection, and is incorpora ted herein by reference; and
WHEREAS, by prior resolution, the Board of Directors approved the Report as filed; and
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Attachment: Resolution Declaring Intent (6056 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS IN FISCAL YEAR 2 Resolution No. CSD 2023-__
Date Adopted: March 21, 2023
WHEREAS, the Board of Directors desires to declare its intention to levy the FY 2023/24 assessments as described in the Report.
NOW, THEREFORE, 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.
2. Declaration of Intent. The Board of Directors hereby declares its intention to levy and collect the FY 2023/24 assessments in connection with the Assessment District.
3. Name of Assessment District . The Assessment District is designated “Moreno Valley Community Services District Landscape Maintenance District No. 2014-02.”
4. Boundaries of the Assessment District. The Assessment District includes territory within the CSD that has been included within the Boundaries of the Assessment District.
5. Description of Improvements. The Assessment District will fund the maintenance of landscape improvements to the extent funding is available.
6. Reference to Report. Reference is made to the Report for a full and detailed description of (i) the landscape improvements to be maintained in connection with the Assessment District; (ii) the boundaries of the Assessment District and the zones therein; and (iii) the proposed assessments upon assessable lots and parcels of land within the Assessment District. The Report describes, among other things, each affected parcel of real property and the amount of the assessment for each such affected parcel for FY 2023/24.
7. No Increase. Aside from the implementation of previously approved annual inflation adjustments, as described in the Report, the maximum assessment rates are not proposed to increase from the rates approved in FY 2022/23.
8. Public Hearing. On May 16, 2023 at 6:00 p.m. or as soon thereafter as practical, in the City Council Chamber located at 14177 Frederick Street, Moreno Valley, California 92553, the Board of Directors shall hold a full and fair public hearing on the question of the levy of the proposed assessments for FY 2023/24 (the “Hearing”). At the Hearing, the Board of Directors will also hear and consider any objections or protests to the Report.
9. Notice. Notice of the Hearing shall be given in the manner set forth in Section 22626(a) of the Act.
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Attachment: Resolution Declaring Intent (6056 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS IN FISCAL YEAR 3 Resolution No. CSD 2023-__
Date Adopted: March 21, 2023
10. Protest. Pursuant to Section 22628 of the Act, any interested person may, prior to the conclusion of the Hearing, file a written protest with the Secretary of the CSD (the City Clerk of the City of Moreno Valley) or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by the property owner.
11. Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution t hat can be given effect without the invalid provis ion or application, a nd to this end the provisions of this Resolution are severable and that the Board of Directors declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
12. Effective Date. This Resolution shall be effective immediately upon adoption.
13. Certification. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
APPROVED AND ADOPTED this 21st day of March 2023.
___________________________________
Mayor of the City of Moreno Valley, acting in
the capacity of 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, acting in the capacity
of General Counsel of the Moreno
Valley Community Services District
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Attachment: Resolution Declaring Intent (6056 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS IN FISCAL YEAR 4 Resolution No. CSD 2023-__
Date Adopted: March 21, 2023
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead , Secretary of the Moreno Valley Community Services District, Moreno Valley, California do he reby certify that Resolut ion No. CSD 2023-__ was duly and regularly adopted by the Board of Directors of the Moreno Valley Community Services District at a regular meeting held on the 21st day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
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Attachment: Resolution Declaring Intent (6056 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS IN FISCAL YEAR
Annual Engineer's Report
Fiscal Year 20 23/2 4
Prepared For
May 2023
Moreno Valley Commu nity Services District
Landscap e Maintenance District No. 2014 -02
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Attachment: LMD 2014-02 Assessment Engineer's Report (6056 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS W.O. No. 23-8007 (201402/default)
ENGINEER’S REPORT
FOR THE ANNUAL LEVY
FOR FY 2023/24
MORENO VALLEY COMMUNITY SERVICES DISTRICT
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
LANDSCAPE MAINTENANCE DISTRICT NO. 2014-02
Approved by the Board of Directors of the Moreno Valley Community Services District on the day of , 2023.
Secretary of the Board of Directors
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Attachment: LMD 2014-02 Assessment Engineer's Report (6056 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS Table of Contents
- TOC 1 -
Engineer’s Report _________________________________ ___________________________________ i
Sections
Section 1. Plans and Specifications __________________________ ________________________ 1 Section 2. Method of Apportionment ________________________________________________ 4 Section 3. Estimate of Costs _________________________________ _____________________ 10 Section 4. District Diagrams _______________________________________________________ 15 Section 5. Assessment Roll ___________________________________ ____________________ 28
Tables
Table 2-1. FY 2023/24 Estimated General Benefit Costs __________________________________ 6 Table 3-1. FY 2023/24 Budget, Zones 01 - 03 __________________ _______________________ 11 Table 3-1. FY 2023/24 Budget, Zones 03A - 06 ________________________________________ 12 Table 3-1. FY 2023/24 Budget, Zones 07 - Total _______________ ________________________ 13 Table 3-2. FY 2023/24 Assessment Rates _______________________ _____________________ 14
Diagrams
Diagram 4-1. Landscape Maintenance District No. 2014-02 ________________________________ 16 Diagram 4-2. Zone 01 (TownGate) ____________________________________________________ 17 Diagram 4-3. Zone 01A (Renaissance Park) _______________________ ______________________ 18 Diagram 4-4. Zone 02 (Hidden Springs) __________________________ ______________________ 19 Diagram 4-5. Zone 03 (Moreno Valley Ranch – West) _____________________________________ 20 Diagram 4-6. Zone 03A (Lasselle Powerline Parkway) _____________________________________ 21 Diagram 4-7. Zone 04 (Moreno Valley Ranch – East) ______________________________________ 22 Diagram 4-8. Zone 05 (Stoneridge Ranch) ______________________________________________ 23 Diagram 4-9. Zone 06 (Mahogany Fields) _______________________________________________ 24 Diagram 4-10. Zone 07 (Celebration) ___________________________________________________ 25 Diagram 4-11. Zone 08 (Shadow Mountain) _________________________ ____________________ 26 Diagram 4-12. Zone 09 (Savannah) ________________________________ ____________________ 27
Appendix
Appendix A Capital Improvement Projects ___________ _________________________________ A-1
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Attachment: LMD 2014-02 Assessment Engineer's Report (6056 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 i
AGENCY: MORENO VALLEY COMMUNITY SERVICES DISTRICT,
RIVERSIDE COUNTY, CALIFORNIA
PROJECT: ANNUAL ENGINEER'S REPORT
DISTRICT : LANDSCAPE MAINTENANCE DISTRICT NO. 2014-02
TO: THE MORENO VALLEY COMMUNITY SERVICES DISTRICT BOAR D OF DIRECTORS
I, Matthew E. Webb, a Professional Civil Engineer ( employed by Albert A. Webb Associates and retained through an agreement between Webb Municipal Finance, LLC and my employer), acting on behalf of the Moreno Valley Community Services District (the "CSD"), pur suant to the Landscaping and Lighting Act of 1972 ( California Streets and Highways Code Section 22500 et seq. ) (the "1972 Act"), do hereby submit the following:
Each fiscal year, an Engineer's Report ("Report") is prepared and presented to the CSD Board of Directors (the "Board") describing the CSD's Landscape Mainte nance District No. 2014-02 (the "District"), any ch anges to the District or improvements, an estimate of the co sts of the maintenance, operations, and servicing o f the improvements, and the proposed budget and assessments for that fiscal year.
This is the detailed Report for Fiscal Year (FY) 20 23/24 regarding the District and the proposed assessments to be levied on the properties therein to provide ongoing funding for the costs and expenses required to service and maintain landscaping improvements associated with and resulting from development of properties within the District, in accordance with the proport ional special benefits the properties receive from the improvements. The CSD requested Webb Municipal Finance, LLC to prepare and file the Report for the referenced fiscal year.
A public hearing is held each year before the Board to allow the public an opportunity to hear and be heard regarding the District. After reviewing the Report and considering all public comments and written protests presented at the hearing, the Board may approve the report as submitted or with amendments and can ado pt a resolution confirming the assessment. The adoption of such a resolution constitutes the levy of the as sessment and authorizes the CSD to submit levy information t o the Riverside County Auditor/Controller for colle ction on the tax roll.
In November 1996, the voters of California adopted Proposition 218 (the "Right to Vote on Taxes Act"), which has been codified as Articles XIII C and XIII D of the California Constitution. If, in any year, the proposed annual assessments for the District exceed the maxi mum assessments previously approved in a Propositio n 218 proceeding, such an assessment would be considered a new or increased assessment and be subject to a m ailed property owner protest ballot proceeding.
This Report and the information contained herein re flect the proposed budget for each of the various services provided by the District and the rates and assessments applicable to those services as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County A ssessor’s maps for a detailed description of the lines and di mensions of parcels within the District. The unders igned respectfully submits the enclosed Report as directed by the Board of Directors of the Moreno Valley Co mmunity Services District. Please note that Albert A. Webb Associates provides engineering advice and related consulting services. Albert A. Webb Associates is not a regist ered municipal advisor and does not participate in municipal advisory activities, and nothing in this Engineer’s Report is, or should be interpreted to be, municip al advisory services or advice.
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Attachment: LMD 2014-02 Assessment Engineer's Report (6056 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 ii
Executed this ________ day of ____________________ 2023.
ALBERT A. WEBB ASSOCIATES
MATTHEW E. WEBB
PROFESSIONAL CIVIL ENGINEER NO. 37385
ENGINEER OF WORK
ON BEHALF OF THE CITY OF MORENO VALLEY AND
THE MORENO VALLEY COMMUNITY SERVICES DISTRICT
STATE OF CALIFORNIA
Final approval, confirmation and levy of the annual assessments and all matters in the Engineer's Repo rt were made on the ________ day of ____________________ 2023, by adoption of Resolution No.__________________ by the Board of Directors.
CITY CLERK
CITY OF MORENO VALLEY
STATE OF CALIFORNIA
A copy of the Preliminary Assessment Roll and Engin eer's Annual Levy Report were filed in the office o f the City Clerk on the ________ day of ____________________ 2023.
CITY CLERK
CITY OF MORENO VALLEY
STATE OF CALIFORNIA
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Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 iii
INTRODUCTION
The Moreno Valley Community Services District (CSD) was established pursuant to the Community Services District Law (California Government Code Section 61000 et seq.) (the "CSD Law") in 1984 at the time of the incorporation of the City of Moreno Valley (the "City"). The CSD is a dependent special district of the City, and the Moreno Valley City Council serves as the Board of Directors of th e CSD. The boundaries of the CSD are the same as th ose of the City.
Prior to the City’s incorporation, the territory th at would become the City of Moreno Valley was uninc orporated territory in Riverside County. The County had creat ed County Service Areas (CSA’s) to fund and provide certain enhanced services in this territory. The CSD was created so that responsibility for these funding mechanisms (and services) within the territory of the City could be transitioned from CSA’s governed by the Riverside County Board of Supervisors to a CSD governed by the Moreno Valley City Council.
The CSD was historically comprised of a number of Zones, each of which provides a specific set of services within a defined portion of the City. Upon establishment of the CSD, Zone E of the CSD provided landscape maintenance services in certain geographical and development areas of the City. Zone E was comprised of a number of subzones (i.e., Zone E-1, Zone E-3A, etc.), each of which fu nded specific landscape improvements associated wit h the subdivision (or parts of subdivisions) that comprised the zones.
With the passage of Proposition 218, a number of substantive and procedural requirements were placed on taxes, assessments, and property-related fees imposed by local governments in California. Although referred by the CSD as “charges”, the charges imposed by Zone E of the CSD were categorized under Proposition 218 as real property assessments.
Subsequent to the adoption of Proposition 218, the CSD conducted mail ballot protest proceedings pursu ant to Article XIII D, Section 4(e) of the Constitution wi th respect to the CSD charges. These proceedings in cluded base rates and an automatic annual inflation adjustment. Proceedings were successfully completed, without m ajority protest, for each of the Zones with the exception o f former CSD Zone E-4 (now designated as benefit Zo ne 04).
The assessments identified in this Report reflect t he charges and the automatic annual inflation adjus tments approved in connection with those mail ballot protest proceedings.
The assessment established for Zone 04 exclusively funds street landscaping and predates Proposition 2 18.
Therefore, pursuant to Article XIII D, Section 5 of the Constitution the existing Zone 04 assessment is not required to be approved at a mail ballot proceeding so long as the rate of the assessment/charge is not increased. 1 In May 2014, the CSD formed the District pursuant t o the 1972 Act. The District was intended to replac e and assume the functions of CSD Zones E-1, E-1A, E-2, E-3, E-3A, E-4, E-4A, E-12, E-14, E-15, and E-16. Parcels that had been charged an annual CSD Zone E charge for landsc ape maintenance services are now instead assessed a n annual assessment for those services as part of Lan dscape Maintenance District No. 2014-02. This trans ition did not increase the amount paid annually by any proper ty owner and did not change the nature or extent of the landscape maintenance services provided. The assess ments levied in connection with this assessment dis trict in every way serve as a continuation of the charges levied in connection with CSD Zone E.
Landscape Maintenance District No. 2014-02 was init ially comprised of ten (10) benefit zones, correspo nding to eleven subzones of Zone E of the CSD, but with CSD Zones E-4 and E-4A merged into a single benefit Zone 04. On
1 CSD Zone E-4 was annexed to the CSD in FY 1988/89 prior to Proposition 218 and the charge per single family residential property was originally established at $182.00, with non-residential properties being charged four times that amount per acre. Subsequentl y, that $182.00 rate was reduced over the next several years to $110.00. The $110.00 rate was in e ffect at the time Proposition 218 was enacted. Purs uant to the exemption provisions of Proposition 218, the rate was prohibited from escalation in FY 1997/98. In June 2016, the CSD proposed a rate incr ease; however, the increase was protested by property owners, so the rate in effect remains $110.00.
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Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 iv
May 12, 2015, a new benefit Zone 09 was annexed to Landscape Maintenance District No. 2014-02, bringing the total number of benefit zones to eleven (11).
The improvements, the method of apportionment, and special benefit assessments described in this Repor t are based on the improvements and development of proper ties within the District and represent an estimate of the direct expenditures and incidental expenses that wi ll be necessary to maintain, service, and operate s uch improvements for FY 2023/24. The improvements to be maintained in connection with the development of properties within the District and described herein are based on the development plans and specifications for the properties and developments within the District and by reference these plans and specifications are made part of this Report.
The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Parcel Identification Number ("PIN") (formerly known as an "Assessor's Parcel Number" (APN)), by the Riverside County Assessor’s Office. The Riverside County Auditor/Controller uses PINs and a dedicated fund number established for the District to identify properties to be assessed on the tax roll and the allocation of the funds collected.
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Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 v
This Report consists of five (5) Sections:
SECTION 1 P LANS AND SPECIFICATIONS : Provides a description of the District boundaries and the improvements associated with the District. The District has eleven benefit zones (“Zones”), which are described in more detail in this Section as well as in Sectio n 2 (Method of Apportionment). A diagram showing the exterior boundaries of the CSD, of the District, and the Zones established within the District, is attached and incorporated herein in Se ction 4 (District Diagrams). Available plans for the landscape improvements, including the City’s st andard specifications, are on file with the Public Works Department. The location of the improvements for each Zone can be found by using the Moreno Valley Map Viewer located on the City’s website.
SECTION 2 M ETHOD OF APPORTIONMENT : Provides a discussion of the general and special b enefits associated with the overall local landscaping improvements pro vided within the District (Proposition 218 Benefit Analysis). This Section also includes a det ermination of the proportional costs of the special benefits and a separation of costs considered to be of general benefit (and therefore not assessed). The method of calculating each property’ s proportional special benefit and annual assessment using a weighted benefit apportionment is outlined.
SECTION 3 E STIMATE OF IMPROVEMENT COSTS : Provides an estimate of the annual funding require d for the maintenance, servicing, and operation of landscape improvements within the District and specifically the costs associated with the improvem ents determined to be of special benefit to parcels within the District. The budget identifies an estimate of anticipated annual expenses to service, maintain, and operate existing landscape improvements within the District for FY 2023/24 including, but not limited to, servicing of those i mprovements and related facilities, utility costs, and related incidental expenses authorized by the 1 972 Act. The budget also identifies the maximum and proposed assessment rates for each Zone of the District and the associated assessment range formula (inflationary adjustment) as applicable.
SECTION 4 D ISTRICT DIAGRAMS : Diagrams showing the boundaries of the Zones, which collectively represent the boundaries of the District, are provided in this Report and these diagrams identify all parcels that receive special benefits from the improvements. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description o f the lines and dimensions of each lot and parcel of land within the District.
SECTION 5 A SSESSMENT ROLL : A listing of the proposed assessment amount for each parcel within the District.
The proposed assessment amount for each parcel is based on the parcel’s calculated proportional special benefit as outlined in the method of apport ionment and proposed assessment rates established in the District Budget. These assessmen t amounts represent the assessments proposed to be levied and collected on the County Tax Rolls for FY 2023/24.
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1. Plans and Specifications
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 1 DESCRIPTION OF THE DISTRICT
The territory within this District consists of all lots and parcels of land that receive special benef its from the landscape improvements maintained and funded by the District assessments. The boundaries of the Distri ct consist of benefit Zones, each of which is associated with a set of landscape improvements. Each parcel within the District is assigned to each Zone that funds landscape maintenance services that specially benefit the parcel. Two Zones (Zone 01A and 03A) are comprised solely of a subset of the parcels in a larger Zone (Zones 01 an d 03, respectively). Thus, all parcels in Zone 01A are also a part of Zone 01 and all parcels in Zone 03A are also a part of Zone 03. These overlapping zones exist because, for example, the landscaping improvements associated with Zone 01 provides special benefit to each parcel in Zone 01 (including Zone 01A parcels), but the landscapin g improvements associated with Zone 01A provides special benefit to only the Zone 01A parcels.
These eleven (11) Zones within the District and the benefits associated with the properties therein are described in more detail in Section 2 (Method of Apportionment) of this Report. In addition, the District Diagrams found in Section 4 of this Report provide visual representat ions of the District showing the boundaries of the Zones and the improvement areas being maintained.
DISTRICT FACILITIES AND IMPROVEMENTS
The landscape improvements maintained for each Zone are local landscaping improvements that were insta lled in connection with the development of the parcels c omprising each respective Zone. These landscape improvements are an integral part of the subdivisions and development for which they were installed, creating a green amenity and aesthetically pleasing enhancemen t to the parcels served by the landscaping. In most cases, the landscaping improvements were a condition of de velopment of the parcels in the Zone, and the prope rties within the Zone could not have been developed if th e landscaping were not included. Improvements for e ach Zone are either located within the subdivision or a long the entry path to the residential subdivisions or non- residential developments.
Collectively within the eleven (11) Zones, there is approximately 2,953,582 square feet of parkway and median landscaped area, 3,854,860 square feet of open spac e, and 9,763 trees to be maintained and funded in p art by the District assessments. The District Diagrams found in Section 4 of this Report provide visual representations of the District, showing the boundaries of the Zones a nd the general location of the improvement areas be ing maintained. Detailed plans identifying the location and extent of the District’s landscape improvements and maps of those Zones and improvement areas are on file in the Public Works Department, and by reference these plans and maps are made part of this Report.
The maintenance, operation, and servicing of the Di strict’s landscape improvements include the furnish ing of labor, materials, equipment, and utilities for the ordinary and usual maintenance, operation, and servicing of the landscape areas within the public right-of-ways, easements dedicated to the City, or on city-owned property.
The various landscape improvements associated with each Zone include combinations of landscape ameniti es such as ground cover, plants, shrubs, trees, and as sociated appurtenant facilities including, but not limited to, irrigation and drainage systems, stamped concrete, electrical and lighting, and entry monuments that m ay be maintained in whole or in part as part of the landscape improvements depending on available funding.
The following is a brief description and summary of the landscaped areas associated with each Zone inc luded in the District. A visual depiction of the location an d extent of the landscape improvement areas and Zon e boundaries are provided on the District Diagrams provided in Section 4 of this Report.
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1. Plans and Specifications
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 2 ZONES
Local Landscaping Zone 01 (TownGate)
The properties within Zone 01 receive special benef its from landscaped parkways and medians within the TownGate area, which is bordered by Day Street on t he west, Cottonwood Avenue, Dracaea Avenue, and Eucalyptus Avenue on the south, Elsworth Street and Frederick Street on the east, and State Route 60 o n the north. The Zone improvements are currently maintain ed at Level 1 service (4-week rotation). The overal l improvements include approximately 323,609 square feet of landscaped area and 972 trees.
Local Landscaping Zone 01A (Renaissance Park)
The properties within Zone 01A receive special bene fits from landscaped parkways and medians within th e TownGate area along with other parcels in Zone 01, but in addition, receive special benefits from park way landscaping and entry medians on the internal neighborhood streets (Dracaea Avenue and Arbor Park Lane) that connect the various residential developments in thi s area. The Renaissance Park area is bordered by Da y Street on the west, Cottonwood Avenue on the south, Elsworth Street on the east, and Eucalyptus Avenue on the north.
The Zone improvements are currently maintained at Level 3 service (12-week rotation). The overall improvements include approximately 72,335 square feet of landscaped area and 184 trees.
Local Landscaping Zone 02 (Hidden Springs)
The properties within Zone 02 receive special benef its from parkway landscaping along Hidden Springs D rive, an entry median on Hidden Springs Drive at Pigeon Pass Road, and the west side of Pigeon Pass Road bordering the Hidden Springs community, as well as maintenance of open space areas throughout the community. The Zon e parkway improvements are currently maintained at Le vel 1 service (4-week rotation). The open space improvements are maintained at Level 1 service (twi ce annually with annual weed abatement). The overal l improvements include approximately 193,743 square f eet of landscaped area, 3,674,297 square feet of op en space area, and 3,608 trees.
Local Landscaping Zone 03 (Moreno Valley Ranch - West)
The properties within Zone 03 receive special benef its from parkway and median landscaping generally surrounding the Moreno Valley Ranch area, bordered by Kitching Street on the west, Gentian Avenue and Casa Encantador Road on the north, and generally the Cit y boundary to the east and south. The Zone improvem ents are currently maintained at Level 1 service (4-week rotation). The overall improvements include approx imately 866,943 square feet of landscaped area and 2,431 trees.
Local Landscaping Zone 03A (Lasselle Powerline Parkway) The properties within Zone 03A receive special bene fits from landscaped parkways and medians within th e Moreno Valley Ranch - West area along with other pa rcels in Zone 03, but in addition, receive special benefits from parkway landscaping on the internal neighborho od streets along portions of Withers Way, Via Xavie r, Cremello Way, Cavalcade Drive, and Kentucky Derby D rive. The Zone improvements are currently maintaine d at Level 3 service (12-week rotation). The overall imp rovements include approximately 53,774 square feet of landscaped area and 43 trees.
Local Landscaping Zone 04 (Moreno Valley Ranch - East)
The properties within Zone 04 receive special benef its from parkway and median landscaping generally surrounding the developments bordered by Hammett Court, Oliver Street, and Moreno Beach Drive to the west, B.5.d
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1. Plans and Specifications
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 3 Iris Avenue, John F. Kennedy Drive, and Cactus Aven ue to the north, and generally the City boundary to the southeast. The improvements include approximately 980,404 square feet of landscaped area and 1,615 trees.
Because assessments in the Zone have been capped at the FY 1996/97 rate, the CSD has not been able to provide the level of service in this Zone that is provided in other Zones. The median is currently maintained at a Level 3 service (12-week rotation), and the remainder of the improvements in the Zone are maintained at Level 5 service (20-week rotation).
Local Landscaping Zone 05 (Stoneridge Ranch)
The properties within Zone 05 receive special benef its from parkway and median landscaping generally surrounding the Stoneridge Ranch residential neighb orhood, bordered by Nason Street on the west, Draca ea Avenue on the south, Eucalyptus Avenue on the east and Fir Avenue on the north. The Zone improvements are currently maintained at Level 1 service (4-week rotation). The overall improvements include approximately 98,392 square feet of landscaped area and 184 trees.
Local Landscaping Zone 06 (Mahogany Fields)
The properties within Zone 06 receive special benef its from parkway and median landscaping generally l ocated within the Mahogany Fields community, bordered on the south by Alessandro Boulevard, by Cottonwood Avenue on the north, and Darwin Drive on the west. The Zon e improvements are currently maintained at Level 1 service (4-week rotation). The overall improvements include approximately 178,564 square feet of landscaped area and 327 trees.
Local Landscaping Zone 07 (Celebration)
The properties within Zone 07 receive special benef its from parkway and median landscaping generally l ocated within the Celebration community along Nason Street , Cactus Avenue, Oliver Street, and the buffer land scaping located on the slopes of a flood control at the southeast corner of Zone 07. The Zone improvements are currently maintained at Level 1 service (4-week rotation). Th e overall improvements include approximately 44,591 square feet of landscaped area, 180,563 square feet of open space area (flood control channel slopes), and 107 trees.
Local Landscaping Zone 08 (Shadow Mountain)
The properties within Zone 08 receive special benef its from parkway and median landscaping generally surrounding the Shadow Mountain residential neighbo rhood, bordered by Pigeon Pass Road on the west, Sunnymead Ranch Parkway on the south, Presidio Hill s on the east, and Lawless Road on the north. The Z one improvements are currently maintained at Level 1 se rvice (4-week rotation). The overall improvements i nclude approximately 76,771 square feet of landscaped area and 155 trees.
Local Landscaping Zone 09 (Savannah)
The properties within Zone 09 receive special benef its from parkway landscaping generally surrounding the Savannah residential neighborhood, bordered by Morr ison Street on the west, Eucalyptus Avenue on the s outh, Fir Avenue on the north, and the tract boundary to the east. The Zone improvements are currently maintained at Level 1 service (4-week rotation). The overall impr ovements include approximately 64,456 square feet o f landscaped area and 137 trees.
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2. Method of Apportionment
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 4 The 1972 Act permits the establishment of assessmen t districts by agencies for the purpose of providin g certain public improvements, including the acquisition, con struction, installation, and servicing of street la ndscaping improvements and related facilities. The 1972 Act r equires that the cost of these improvements be levi ed according to benefit.
Section 22573 defines the net amount to be assessed as follows:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Section 22574 provides for zones as follows:
"The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements." The formulas used for calculating assessments and t he designation of zones herein reflect the composit ion of parcels within the District and the improvements an d activities to be provided and have been designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel, consistent with the requirements of the 1972 Act and the provisions of Proposition 218 and Article XIII D of the California Constitution.
PROPOSITION 218 BENEFIT ANALYSIS
The costs of the improvements for FY 2023/24 have been identified and allocated to properties within the District based on special benefit. The improvements provided by this District and for which properties are asse ssed are local public landscape improvements and related ame nities that were installed in connection with the development of the properties or would otherwise be required for the development of properties within each respective Zone of the District. The assessments and method of apportionment is based on the premise that these improvements would otherwise not have been required without the development of those parcels within th e District.
Article XIII D Section 2(d) defines District as follows:
"District" means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service.
Article XIII D Section 2(i) defines Special Benefit as follows:
"Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit."
Article XIII D Section 4(a) defines proportional special benefit assessments as follows:
An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment wi ll be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
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2. Method of Apportionment
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 5 BENEFIT ANALYSIS
Special Benefit
The ongoing maintenance of local public landscaped areas within the District provides aesthetic benefi ts to the properties within each respective Zone and provides a more pleasant environment to walk, drive, live, and work.
The primary function of these landscape improvement s and related amenities is to serve as an aesthetic ally pleasing enhancement and green space for the benefi t of the immediately surrounding developments for w hich the improvements were constructed and installed. Th ese improvements are an integral part of the physic al environment of parcels in associated Zones, and if the improvements were not maintained, it is these parcels that would be aesthetically burdened. In addition, the street landscaping in these Zones serve as both a physical buffer as well as a sound reduction or buffer between the roadways and the properties in the District and the open spaces, where applicable, provide a physical buffer and openness between properties. Furthermore, in s ome cases, open spaces serve as an extension of the recreational features of parcels, such as their front or rear yards, and entry landscaping serves as a pleasant aestheti c amenity that improves the approach to the parcels . As a result, the maintenance of these landscaped improve ments is a particular and distinct benefit to the p roperties and developments within each Zone.
General Benefit
In reviewing the location and extent of the specifi c landscaped areas and improvements to be funded by District assessments and the proximity and relationship to p roperties to be assessed, it is evident these impro vements are local improvements that were installed in conne ction with the development of properties in each re spective Zone or are improvements that would otherwise be sh ared by and required for the future development of properties in those Zones. It is also evident that the aesthetic maintenance of these improvements and the enhanced level of maintenance provided only has a d irect and particular impact on those properties (sp ecial benefit) and such maintenance beyond that which is required to ensure the safety and protection of the general public and property in general, has no identifiable benefit to the public at large or properties outsi de each respective Zone.
In the absence of a special funding zone, the City would typically provide only weed abatement and erosion control services for landscaped areas. These services would typically be provided twice annually. This level o f service provides for public safety and avoids negative impa cts on adjacent roadways and vehicles traveling on those roadways but results in a far less visually pleasing environment than is created with the enhanced levels of services associated with the District. The cost to provide t he baseline level of service is approximately $0.02 61875 per square foot per servicing for streetscape areas and $0.0130937 per square foot per servicing for open space areas that require maintenance. Utilizing these per squar e foot costs, the square footages of the improvemen t areas, and the frequency of servicing in each Zone, the following table summarizes the current estimated general benefit costs calculated for each District Zone:
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2. Method of Apportionment
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 6 Table 2-1
FY 2023/24 Estimated General Benefit Costs
Zone Area Type Square Footage General Benefit Costs a
Zone 01 Streetscape 323,609 $16,950.00
Zone 01A Streetscape 72,335 $3,789.00
Zone 02
Streetscape 193,743 $34,203.00
Open Space 3,674,297
Zone 03 Streetscape 866,943 $45,407.00
Zone 03A Streetscape 53,774 $2,817.00
Zone 04 Streetscape 980,404 $51,349.00
Zone 05 Streetscape 98,392 $5,154.00
Zone 06 Streetscape 178,564 $9,353.00
Zone 07
Streetscape 44,591 $3,518.00
Open Space 180,563
Zone 08 Streetscape 76,771 $4,021.00
Zone 09 Streetscape 64,456 $3,376.00
Total Estimated General Benefit Costs $179,937.00
a The General Benefit Costs presented in the table above are reflected in the budgets for each Zone. As with most landscape maintenance costs, these General Benefit Costs are subject to an annual CPI increase and as such the General Benefit Cost contributions are adjusted annually for inflation.
General Fund Maintained Areas
The following improvements are excluded from assess ment funding and instead are funded from other sour ces.
Areas which require a General Fund Maintained Area contribution are re-evaluated annually to reflect estimated costs. These particular improvement areas are ident ified on the District Diagrams provided in Section 4 of this Report as “General Fund Maintained” improvements and include the improvements in the following Zones:
Zone 04
The 31,000 square feet of planter area and eight tr ees in the drainage area south of Iris Avenue and w est of Turnberry Street previously included in CSD Zone E-4A (Daybreak) is maintained and funded by other general fund revenues and not included in the assessments for Zo ne 04. (See "General Fund Maintained Drainage Area" in Diagram 4-7 on page 22.) These improvements constitute all the landscaped areas previously in CSD Zone E-4A.
Zone 07
The 2,230 square feet of parkway planter area on the east side of Nason Street north of Damascus Road that was previously included in CSD Zone E-15 (Celebration), is maintained and funded by other general fund revenues and not included in the assessments for Zone 07. (See " General Fund Maintained Parkway" in Diagram 4-10 on page
25.)
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2. Method of Apportionment
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 7 ASSESSMENT METHODOLOGY
The method of apportionment for this District calcu lates the receipt of special benefit from the respe ctive improvements based on the land use of the parcels.
Equivalent Benefit Unit Application
To proportionally allocate special benefit to each parcel, it is necessary to correlate each property’s proportional benefit to other properties that benefit from the improvements and services being funded. In order to do this, the assessment methodology assigns each parcel a number of Equivalent Benefit Units (EBUs) based on its la nd use as of March 1, preceding the fiscal year addressed herein. One EBU is defined as the special benefit allocable to a single-family home (basic EBU). In each case, a par cel is only allocated EBUs if the landscaping servi ng the Zone has been accepted by the City or will be accepted by the City during the upcoming fiscal year.
Not all parcels are assessed one EBU. EBUs are assi gned based on the benefit each parcel receives, usi ng the Assessment Methodology outlined below (e.g., Condos may be assigned an EBU less than one).
Single-Family Residential : This land use is defined as a fully subdivided single-family residential home site with or without a structure. As previously noted, the singl e-family residential parcel has been selected as th e basic EBU for calculation of assessments and each single-family residential home site is assigned 1.0 Equivalent Benefit Unit (1.0 EBU per lot or parcel).
Condominium Residential : This land use is defined as a fully subdivided condominium residential unit assigned its own PIN by the County. EBUs are assigned to these parcels by multiplying the overall acreage of the condominium development by 4 (the typical number of single-family homes in an acre of typical development), and then dividing the result by the number of condominium units/parcels in the development.
Multi-Family Residential and Mobile Home Park : This land use classification identifies properties that are used for residential purposes and contain more than one resi dential unit. The proportional special benefit and EBU for these parcels is based on acreage, at 4.0 EBUs per acre.
Developed Non-Residential : This classification includes developed properties including parking lots that are identified or zoned for commercial, industrial, or other non-residential use including offices, hotels , recreational facilities (excluding parks), and institutional fac ilities including, hospitals, churches or facilitie s utilized by other non-profit organizations, whether those facilities are publicly owned (non-taxable) or privately owned. Like Multi- Family Residential and Mobile Home Park properties, the proportional special benefit and EBU for these parcels is based on acreage, at 4.0 EBUs per acre.
Planned Residential Development : This land use is defined as a property that is cu rrently considered vacant or undeveloped land, but for which the number of residential lots to be developed on the property is known or has been approved. These properties benefit from the ex isting zone improvements, but may as part of their development install additional landscape improvements to be maintained either solely by the development or as part of the District improvements depending on the location and extent of those improvements. The proportional special benefit and EBU for these parcels is based on the planned residential units for the parcel, at 0.50 EBU per planned unit (50% of the basic EBU unit for a single-family residential parcel).
Undeveloped/Vacant Property : This land use is defined as a parcel that is curr ently considered vacant or undeveloped land that can be developed, but for which the use and/or development of the property has not been B.5.d
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2. Method of Apportionment
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 8 fully determined. These parcels are assigned a proportional EBU that is based on 50% of the proportional benefit established for a developed property in the District. The proportional special benefit and EBU for these parcels is based on acreage, at 2.0 EBUs per acre.
Special Case Property : In some Zones there may be one or more properties that the standard land use classifications identified above do not accurately identify the use and special benefit received from the improvements and/or it has been determined that the property receives special benefit but has not been previously assessed for various reasons. Properties that are typically classified as Special Case prop erties usually involve some type of development or land restrictio ns whether those restrictions are temporary or perm anent and affect the property's proportional special benefit. Examples of such restrictions may include situations where only a small percentage of the parcel’s total acrea ge can actually be developed. In such a case, the n et usable acreage of the parcel rather than the gross acreage of the parcel may be applied to calculate the parc el’s proportional special benefit. In addition, in certa in Zones there are a few parcels that have been ide ntified as properties that receive special benefit from the Zone improvements, but likely because of their ownership or tax status (government or non-profit owned properties) these parcels were not previously levied the annual assessment. The proportional special benefit and pr oposed assessment for each of these parcels is calc ulated along with all other properties in the Zone, but ra ther than ballot these properties for a new or incr eased assessment at this time, the agency will make an of f-setting contribution to the Zone that is equal to the assessment amount these non-assessed parcels would otherwise have been assessed.
Exempt : This classification means any lot or parcel that is considered to not specially benefit directly fro m improvements. This classification includes, but is not limited to, areas of public streets, private streets, and other roadways; and public easements or right-of-ways including landscaped parkways or easements; and utility right- of-ways or easements such as irrigation or drainage ditches, channels or basins, and flood plains. The se types of parcels (similar to the improvements) are typically the result of property development rather than the direct cause of development and have little or no need for the i mprovements. These types of properties may or may n ot be assigned a PIN by the County.
Also, exempt from assessment are parcels that are i dentified as common areas (properties for which the surrounding residential parcels have a shared inter est); bifurcated lots; small parcels vacated by the County or similar sliver parcels that cannot be developed ind ependent of an adjacent parcel. These types of parc els are generally not separately assessed because they are functionally a part of another parcel that is asses sed for its own benefit and the benefit of the associated parcel. Based on the improvements maintained in this District it has been determined that public schools, public parks, golf courses, and open space areas provide landscap e amenities that are available to the public or are similar in nature to the improvements of a Zone and any benefit these properties may derive from the Zone improvements are more than offset by the public benefit they provide to properties in the Zone.
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2. Method of Apportionment
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 9 CALCULATION OF ASSESSMENTS
An assessment amount per EBU is calculated by:
Taking the "Total Annual Expenses" (total budgeted costs) and subtracting the proportional "General Be nefit Costs" which establishes the "Total Special Benefit Costs".
Total Amount Budgeted - General Benefit Costs 2 = Total Special Benefit Costs To the resulting "Total Special Benefit Costs", var ious "Other Available Funding" adjustments are appl ied. For further information please reference line items in the budget on the following page under "Other Avail able Funding."
These adjustments to the Total Special Benefit Costs result in the "Net Special Benefit Assessment".
Total Special Benefit Costs +/- Other Available Funding = Net Special Benefit Assessment The amount identified as the "Net Special Benefit A ssessment" is divided by the Total EBUs of parcels to be Assessed to establish the "Assessment Rate" or "Assessment per EBU" for the fiscal year. The Assessment Rate is then applied to each parcel’s individual EBU to calculate the parcel’s proportionate special benefit and assessment obligation for the improvements.
Net Special Benefit Assessment / Total EBUs (to be Assessed) = Assessment per EBU
2 Plus, where applicable, General Fund Maintained Ar ea Costs.
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3. Estimate of Costs
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 10 DISTRICT BUDGET
The budgets outline the estimated costs to maintain the improvements and the anticipated expenditures for each Zone for FY 2023/24.
ASSESSED PARCELS
The phrase "Assessed Parcels" as used in this repor t refers to parcels that will be charged an assessm ent on the property tax roll. Certain public agency parcels th at benefit from the landscape maintenance improveme nts are exempt from property taxes and cannot be billed through the County. Historically, these government parcels were not charged for landscaping. These "non-assessed" parcels are included in the "Total Parcels" count and have been assigned EBUs on the same basis as privately owned parcels. In order to ensure that assessed parcels d o not subsidize the benefits to non-assessed parcels, the City contributes general funds in the amount of the assessment that would otherwise have been assessed against the non-assessed parcels. All other parcels in the Dis trict that benefit from the landscape improvements (including developable vacant parcels) are assigned EBUs and assessed via the tax roll.
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3. Estimate of Costs
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 11 Table 3-1
FY 2023/24 Budget
Zone 01 Zone 01A Zone 02 Zone 03
Annual Operating Expenses
Operations & Maintenance $173,488.22 $39,184.70 $479,254.00 $448,111.54
Utilities $107,973.55 $20,153.25 $159,695.47 $92,866.89
Total O&M Expenses $281,461.77 $59,337.95 $638,949.47 $540,978.43
Capital Improvement Project (CIP) and Rehabilitation a
CIP & Rehabilitation Fund Collections $95,273.97 $0.00 $21,333.35 $216,046.57
Incidental/Administrative Expenses
District Administration $28,231.00 $6,986.00 $65,667.00 $63,658.00
County Fees $600.00 $400.00 $550.00 $2,000.00
Miscellaneous Administrative Expenses $751.00 $213.00 $1,881.00 $2,245.00
Total Incidental/Administrative Expenses $29,582.00 $7,599.00 $68,098.00 $67,903.00
Contribution to Reserves $0.00 $0.00 $0.00 $0.00
Total Annual Expenses $406,317.74 $66,936.95 $728,380.82 $824,928.00
General Benefit Costs ($16,950.00) ($3,789.00) ($34,203.00) ($45,407.00)
General Fund Maintained Area Costs $0.00 $0.00 $0.00 $0.00
Total Special Benefit Costs $389,367.74 $63,147.95 $694,177.82 $779,521.00
Other Available Funding
Use of Reserves b $0.00 ($2,958.53) $0.00 $0.00
Interest Income & Unrealized Gains/Losses $0.00 $0.00 $0.00 $0.00
Reimbursement Agreements c ($4,000.00) $0.00 $0.00 $0.00
Total Contributions/Adjustments ($4,000.00) ($2,958.53) $0.00 $0.00
Net Special Benefit Assessment to Levy $385,367.74 $60,189.42 $694,177.82 $779,521.00
District Statistics
Total Parcels d 1,188 557 1,151 4,509
Total Assessed Parcels e 1,187 557 1,151 4,505
Total EBUs 2,188.13940 557.00000 1,246.68000 4,536.56600
Proposed Rate per EBU $176.52096 $108.07938 $556.83514 $176.52096
Maximum Rate per EBU $176.52096 $108.07938 $556.83514 $176.52096
EBU of Non-Assessed Parcels 5.00000 0.00000 0.00000 120.48200
Contribution for Non-Assessed Parcels f $882.60 n/a n/a $21,267.56
Net Balance to Levy $386,250.34 $60,189.42 $694,177.82 $800,788.56
Reserve Fund/Fund Balance
Estimated Beginning Fund Balance as of July 1, 2023 $691,872.22 $150,318.61 $997,113.36 $1,008,928.20
Levy and Other Funding Sources $389,367.74 $60,189.42 $694,177.82 $779,521.00
Expenditures less General Benefit Costs ($389,367.7 4) ($63,147.95) ($694,177.82) ($779,521.00)
2023/24 Planned CIP & Rehabilitation Expenditures ( $100,000.00) $0.00 ($100,000.00) ($100,000.00)
Estimated Ending Fund Balance as of June 30, 2024 $591,872.22 $147,360.08 $897,113.36 $908,928.20 Operating Reserve Requirement $180,405.39 $38,823.43 $410,087.53 $353,151.23 Repair and Replacement Reserve Requirement $155,521.89 $33,468.47 $353,523.73 $304,440.72 Total Reserve Requirement $335,927.28 $72,291.90 $763,611.26 $657,591.94 Overage/(Shortage) $255,944.94 $75,068.18 $133,502.10 $251,336.26 a See Appendix A for planned long -term Capital Improvement Projects and Rehabilitations included in the FY 2023/24 Budget. b Use of Reserves to fund services beyond levy amount.
c Zone 01 receives revenue from the City of Riverside as a result of a shared median . d "Total Parcels " includes all parcels that specially benefit from the landscape improvements. e "Total Assessed Parcels" includes all parcels with a nonzero EBU ; see explanation on page 10 . f Agency contribution for parcels that benefit but have not historically been assessed (typically government owned properties).
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3. Estimate of Costs
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 12 Table 3-1
FY 2023/24 Budget
Zone 03A Zone 04 Zone 05 Zone 06
Annual Operating Expenses
Operations & Maintenance $31,451.74 $257,556.88 $72,494.35 $122,566.09
Utilities $6,193.80 $49,052.42 $27,039.09 $39,755.94
Total O&M Expenses $37,645.54 $306,609.30 $99,533.44 $162,322.03
Capital Improvement Project (CIP) and Rehabilitation a
CIP & Rehabilitation Fund Collections $3,640.08 ($0.08) $0.00 $0.00
Incidental/Administrative Expenses
District Administration $4,871.00 $44,332.00 $8,465.00 $13,962.00
County Fees $300.00 $1,000.00 $150.00 $200.00
Miscellaneous Administrative Expenses $193.00 $1,871.00 $203.00 $365.00
Total Incidental/Administrative Expenses $5,364.00 $47,203.00 $8,818.00 $14,527.00
Contribution to Reserves $0.00 $0.00 $0.00 $0.00
Total Annual Expenses $46,649.62 $353,812.22 $108,351.44 $176,849.03
General Benefit Costs ($2,817.00) ($51,349.00) ($5,154.00) ($9,353.00)
General Fund Maintained Area Costs $0.00 ($15,481.92) $0.00 $0.00
Total Special Benefit Costs $43,832.62 $286,981.30 $103,197.44 $167,496.03
Other Available Funding
Use of Reserves b $0.00 ($9,550.30) ($64,667.20) ($69,492.67)
Interest Income & Unrealized Gains/Losses $0.00 $0.00 $0.00 $0.00
Reimbursement Agreements c $0.00 $0.00 $0.00 $0.00
Total Contributions/Adjustments $0.00 ($9,550.30) ($64,667.20) ($69,492.67)
Net Special Benefit Assessment to Levy $43,832.62 $277,431.00 $38,530.24 $98,003.36
District Statistics
Total Parcels d 467 2,083 334 424
Total Assessed Parcels e 467 2,081 334 424
Total EBUs 467.00000 2,522.10000 334.00000 424.00000
Proposed Rate per EBU $93.86468 $110.00000 $115.36000 $231.14000
Maximum Rate per EBU $93.86468 $110.00000 $554.75909 $388.44821
EBU of Non-Assessed Parcels 0.00000 0.00000 0.00000 0.00000
Contribution for Non-Assessed Parcels f n/a n/a n/a n/a
Net Balance to Levy $43,832.62 $277,431.00 $38,530.24 $98,003.36
Reserve Fund/Fund Balance
Estimated Beginning Fund Balance as of July 1, 2023 $130,552.64 $676,052.90 $166,307.59 $170,978.39
Levy and Other Funding Sources $43,832.62 $277,431.00 $38,530.24 $98,003.36
Expenditures less General Benefit Costs ($43,832.62 ) ($286,981.30) ($103,197.44) ($167,496.03)
2023/24 Planned CIP & Rehabilitation Expenditures $0.00 $0.00 ($50,000.00) $0.00
Estimated Ending Fund Balance as of June 30, 2024 $130,552.64 $666,502.60 $51,640.39 $101,485.72 Operating Reserve Requirement $24,945.54 $205,211.13 $62,843.84 $102,572.44 Repair and Replacement Reserve Requirement $21,504.77 $176,906.15 $54,175.72 $88,424.51 Total Reserve Requirement $46,450.31 $382,117.28 $117,019.56 $190,996.95 Overage/(Shortage) $84,102.33 $284,385.32 ($65,379.17) ($89,511.23) a See Appendix A for planned long -term Capital Improvement Projects and Rehabilitations included in the FY 2023/24 Budget. b Use of Reserves to fund services beyond levy amount.
c Zone 01 receives revenue from the City of Riverside as a result of a shared median . d "Total Parcels " includes all parcels that specially benefit from the landscape improvements. e "Total Assessed Parcels" includes all parcels with a nonzero EBU ; see explanation on page 10 . f Agency contribution for parcels that benefit but have not historically been assessed (typically government owned properties).
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3. Estimate of Costs
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 13 Table 3-1
FY 2023/24 Budget
Zone 07 Zone 08 Zone 09 Total
Annual Operating Expenses
Operations & Maintenance $74,824.10 $73,822.93 $68,399.45 $1,841,154.00
Utilities $8,436.19 $20,538.10 $18,295.31 $550,000.00
Total O&M Expenses $83,260.29 $94,361.03 $86,694.76 $2,391,154.00
Capital Improvement Project (CIP) and Rehabilitation a
CIP & Rehabilitation Fund Collections ($0.75) $0.00 $0.00 $336,293 .13
Incidental/Administrative Expenses
District Administration $7,429.00 $6,990.00 $6,468.00 $257,059.00
County Fees $125.00 $150.00 $80.00 $5,555.00
Miscellaneous Administrative Expenses $193.00 $193.00 $142.00 $8,250.00
Total Incidental/Administrative Expenses $7,747.00 $7,333.00 $6,690.00 $270,864.00
Contribution to Reserves $0.00 $0.00 $0.00 $0.00
Total Annual Expenses $91,006.54 $101,694.03 $93,384.76 $2,998,311.13
General Benefit Costs ($3,518.00) ($4,021.00) ($3,376.00) ($179,937.00)
General Fund Maintained Area Costs ($577.25) $0.00 $0.00 ($16,059.17)
Total Special Benefit Costs $86,911.29 $97,673.03 $90,008.76 $2,802,314.96
Other Available Funding
Use of Reserves b ($66,433.37) ($51,066.47) ($37,709.76) ($301,878.28)
Interest Income & Unrealized Gains/Losses $0.00 $0.00 $0.00 $0.00
Reimbursement Agreements c $0.00 $0.00 $0.00 ($4,000.00)
Total Contributions/Adjustments ($66,433.37) ($51,066.47) ($37,709.76) ($305,878.28)
Net Special Benefit Assessment to Levy $20,477.92 $46,606.56 $52,299.00 $2,496,436.68
District Statistics
Total Parcels d 262 291 150 11,416
Total Assessed Parcels e 262 291 150 11,409
Total EBUs 262.00000 291.00000 150.00000 12,978.4854
Proposed Rate per EBU $78.16000 $160.16000 $348.66000
Maximum Rate per EBU $465.35282 $409.78728 $853.27776
EBU of Non-Assessed Parcels 0.00000 0.00000 0.00000 125.4820
Contribution for Non-Assessed Parcels f n/a n/a n/a $22,150.16
Net Balance to Levy $20,477.92 $46,606.56 $52,299.00 $2,518,586.84
Reserve Fund/Fund Balance
Estimated Beginning Fund Balance as of July 1, 2023 $524,008.99 $123,982.60 $129,756.55 $4,769,872.05
Levy and Other Funding Sources $20,477.92 $46,606.56 $52,299.00 $2,500,436.68
Expenditures less General Benefit Costs ($86,911.29 ) ($97,673.03) ($90,008.76) ($2,802,314.96)
2023/24 Planned CIP & Rehabilitation Expenditures ( $100,000.00) ($50,000.00) ($100,000.00) ($600,000.00)
Estimated Ending Fund Balance as of June 30, 2024 $357,575.62 $22,916.13 ($7,953.21) $3,867,993.77 Operating Reserve Requirement $52,784.23 $58,982.54 $54,163.16 $1,543,970.44 Repair and Replacement Reserve Requirement $45,503.64 $50,847.01 $46,692.38 $1,331,009.00 Total Reserve Requirement $98,287.87 $109,829.55 $100,855.54 $2,874,979.44 Overage/(Shortage) $259,287.76 ($86,913.42) ($108,808.75) $993,014.33 a See Appendix A for planned long -term Capital Improvement Projects and Rehabilitations included in the FY 2023/24 Budget. b Use of Reserves to fund services beyond levy amount.
c Zone 01 receives revenue from the City of Riverside as a result of a shared median . d "Total Parcels " includes all parcels that specially benefit from the landscape improvements. e "Total Assessed Parcels" includes all parcels with a nonzero EBU ; see explanation on page 10 . f Agency contribution for parcels that benefit but have not historically been assessed (typically government owned properties).
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3. Estimate of Costs
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 14 ASSESSMENT RATES
The following shows the assessment rates applicable to each Zone for FY 2023/24 based on the budget an d the method of apportionment presented in this report.
Table 3-2
FY 2023/24 Proposed Assessment Rates
Zone Maximum Rates a Applied Assessment Rates
Zone 01 $176.5210 $176.5210 per EBU
Zone 01A $108.0794 $108.0794 per EBU
Zone 02 $556.8351 $556.8351 per EBU
Zone 03 $176.5210 $176.5210 per EBU
Zone 03A $93.8647 $93.8647 per EBU
Zone 04 $110.0000 $110.0000 per EBU
Zone 05 $554.7591 $115.3600 per EBU
Zone 06 $388.4482 $231.1400 per EBU
Zone 07 $465.3528 $78.1600 per EBU
Zone 08 $409.7873 $160.1600 per EBU
Zone 09 $853.2778 $348.6600 per EBU
a Maximum Rate s for all Zones (except Zone 04) include an inflation ary adjustment that was approved by the property owners as part of the balloted assessment proceeding.
ANNUAL INFLATIONARY ADJUSTMENT (ASSESSMENT RANGE FORMULA) Each year, the Board of Directors considers whether the Annual Assessment per EBU should be set at the Maximum Assessment Rate, as previously approved by the property owners for all Zones except as noted below, or if a lower assessment rate per EBU should be applied based on the budgeted costs.
The Maximum Assessment Rate per EBU is calculated a nnually for certain Zones, noted below, using the percentage change for the previous calendar year in the All Urban Consumers Consumer Price Index, (CPI or "Index"), as published by the Department of Labor’s Bureau of Labor Statistics for the Los Angeles-Lon g Beach- Anaheim Region 3. The inflation adjustment from December 2021 to December 2022 is 4.93%.
Zone 01 through Zone 03A and Zone 05 through Zone 08
The Maximum Assessment per EBU (Assessment Rate) es tablished for the improvements in the previous fisc al year may be adjusted by the percentage change in the CPI calculated for the previous calendar year.
Zone 04
The Maximum Assessment Rate per EBU does not include an annual inflation adjustment.
Zone 09
Each fiscal year the Maximum Assessment Rate per EB U may be adjusted by the percentage change in the C PI calculated for the previous calendar year or three percent (3%), whichever is greater.
3 In January 2018, the Bureau of Labor Statistics int roduced a new geographic area sample for the Consum er Price Index (CPI). Riverside, CA, which was previously included in the Los Angeles-Riverside-Orange County, CA MSA (Metropolitan Statistical Area), is now included in a separate CBSA (Core Based Statistical Area) and is named Riverside-San Bernar dino-Ontario; this Index started at 100.000. The Lo s Angeles-Riverside-Orange County, CA index was renamed "Los Angeles-Long Beach-Anaheim". Because the Index approved by the property owners was the Los Angeles-Riverside-Orange County index, and it was renamed and not eliminated, CSD General Counsel determined the District would continue to use the Los Angeles-Long Beach-Anaheim index.
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4. District Diagrams
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 15 DISTRICT DIAGRAMS
The following pages provide boundary diagrams for e ach Zone within the District, as well as a general depiction of the location of the improvements as identified at the time this Report was prepared. Detailed maps of the full extent and location of the improvement areas are on file with the Public Works Department. The combination of these maps and the Assessment Roll referenced by th is Report constitute the Assessment Diagrams for th e District.
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4. District Diagrams
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 16 Diagram 4-1
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Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 17 Diagram 4-2
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Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 18 Diagram 4-3
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Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 19 Diagram 4-4
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4. District Diagrams
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 20 Diagram 4-5
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4. District Diagrams
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 21 Diagram 4-6
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Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 22 Diagram 4-7
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4. District Diagrams
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 23 Diagram 4-8
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4. District Diagrams
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 24 Diagram 4-9
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Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 25 Diagram 4-10
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4. District Diagrams
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 26 Diagram 4-11
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4. District Diagrams
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 27 Diagram 4-12
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5. Assessment Roll
Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 28 ASSESSMENT ROLL
The PIN for each parcel within the District is based on available parcel maps and property data from the Riverside County Assessor’s Office. A listing of the parcels to be assessed within this District, along with the corresponding assessment amounts to be levied for FY 2023/24 has been provided electronically to the Secretary of th e CSD Board (City Clerk). Total assessment may differ sli ghtly from budget due to rounding. The listing is i ncorporated herein by reference. The Report can also be found o nline at the City’s website at www.moval.org . If any PIN identified therein is submitted for collection and identified by the County Auditor/Controller of the County of Riverside to be an invalid parcel number for any fi scal year, a corrected PIN and/or new PIN(s) will b e identified and resubmitted to the County Auditor/Controller. T he assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment, as described in this Report and as approved by the CSD Board.
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APPENDIX A
Capital Improvement Projects
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Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 A-1
Long-term Capital Improvement Projects and Rehabilitations included in the FY 2023/24 Budget.
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
Projects Zone 01 Zone 02 Zone 03 Zone 05 Zone 06 Zo ne 07 Zone 08 Zone 09 Fence Renovation
Irrigation/Smart
Controller Installations
X X X X X X X X X X
Parkway Renovations X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Pump Upgrades X
Median Renovations X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Stamped concrete on Nason
(southern-most median) X
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Packet Pg. 592
Attachment: LMD 2014-02 Assessment Engineer's Report (6056 : ADOPT RESOLUTIONS TO INITIATE 3788 McCray St.
Riverside, CA 92506
951.200.8600
www.webbmfinance.com
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Packet Pg. 593
Attachment: LMD 2014-02 Assessment Engineer's Report (6056 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS
Report to City Council
ID#6055 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: March 21, 2023
TITLE: ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO
LEVY ASSESSMENTS IN FISCAL YEAR 2023/24 FOR
MORENO VALLEY COMMUNITY SERVICES DISTRICT
LIGHTING MAINTENANCE DISTRICT NO. 2014 -01 (RESO
NOS. CSD 2023-__, CSD 2023-__, AND CSD 2023-__)
RECOMMENDED ACTION
Recommendations:
1. Adopt R esolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Initiating Proceedings to Levy Fiscal Year 2023/24 Assessments against Real Property in Moreno Valley Community Services District Lighting Maintenance District No. 2014-01.
2. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving an Engineer’s Report in Connecti on with Fiscal Year 2023/24 Assessments against Real Property in Moreno Valley Community Services District Lighting Maintenance District No. 2014-01.
3. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services Distr ict of the City of Moreno Valley, California, Declaring its Intention to Levy Fiscal Year 2023/24 Assessments against Real Property in Moreno Valley Community Services District Lighting Maintenance District No. 2014-01.
SUMMARY
B.6
Packet Pg. 594