Agenda packet, regular meeting — Moreno Valley City Council, March 21, 2023 (part 4 of 4)

This report recommends adoption of three 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”) Lighting Mainte nance District (LMD) No. 2014 -01. If adopted, the r esolutions will 1) initiate proceedings to levy the annual assessments , 2) approve the assessment engineer’s report for the district , and 3) declare the intent to levy assessments for FY 2023/24 and set May 16 , 202 3 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 no increase s proposed to the assessments other than a n annual inflationary adjustment, provided the property owners previously approved such adjustment. Revenue received from the assessments partially funds the street lighting services provided by the district.

The Finance Subcommittee review ed the annual inflationary adjustments proposed to be applied to the maximum assessment rate s, if previously authorized by the property owners, at its February 28, 2023 meeting.

DISCUSSION

On May 27, 2014, the CSD adopted its Resolution No. CSD 2014-08, establishing LMD No. 2014-01 ( “District”) (formerly Zone B, residential street lighting) under the Landscaping and Lighting Act of 1972 (the “1972 Act”). Property owners of parcels within the District pay a special assessment as part of their annual property tax bill.

Revenue received from the assessment funds a majority of the Special Benefit cost, as defined in the Assessment Engineer’s Report (“Report”) (Attachment 4) , to maintain, service, and operate street lights located within the District.

Parcels within the District are grouped into one of the three benefit zones based on the Special B enefit the property receives from the District improvements. Most of the parcels are located in either Zone 01 or Zone 02 which are separated for administrative purposes. The parcels in Zone 01 are not subject to an annual inflationary adjustment , whereas the parcels in Zone 02 are subject to an annual inflationary adjustment based on the Consumer Price Index. The level of service is substantially identica l in the two zones and the ratio of the number of lights to the number of parcels is substantially the same.

Zone 03 includes the 65 residential parcels in Tract 21958 (immediately north of SR 60, east of Nason Street, west of Oliver Street). This tract w as developed with a substantially lower street light density ( i.e. street lights are spaced farther apart than those found in Zone 01 and Zone 02). As a re sult, the cost to provide the Special Benefit to the parcels in Tract 21958 is significantly less than the cost of providing the street lighting elsewhere in the District. Therefore, the assessment for parcels in Zone 03 is less than Zones 01 and 02.

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The assessment cannot be levied on the property tax roll 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 initiate annual proceedings and conduct a Public Hearing to receive public input on the proposed levy, prior to authorizing suc h 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 expenses, the method of assessment apportionment for each lot or parcel within the District boundaries, and a diagram showing the parcels within the z ones that make up the District. The Report also provides an analysis of the District’s annual financial status. It separates and apporti ons the cost of S pecial Benefit of the street lighting services to the benefiting properties . The budget in the Report identifies, by zones, the number of parcels with in the zones that can be assessed and the proposed assessments to levy on the FY 2023/24 property tax bills.

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 general public receives from the street lighting improvements of the District . The projected special assessment revenue and other District revenues (e.g. interest, property taxes, etc.) are not sufficient to cover the full cost of the Special Benefit provided to the respective parcels . Therefore , the Report also identifies a projected budget shortfall. The City’s FY 2023/24 Proposed Operating Budget includes a General Fund contribution necessary to cover this shortfall and to continue operation of the street lighting program.

Adoption of the proposed resolutions will 1) initiate proceedings for the annual levy of assessments for LMD No. 2014-01, 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, the CSD Board can consider authorizing the recommended assessments to levy on the FY 2023/24 property tax bill of parcels within LMD No. 2014-01.

Conflict of Interest Analysis

Section 18702.2 of the Fair Political Practices Commission (FPPC) Regulations provides that if a Council Member has a fi nancial 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 assessments that apply to the parcel owned by the Cou ncil 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 indistinguishable 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, and the effect on the B.6
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Council Member’s finan cial 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 Rules 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, proportionally, 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 manner that will be the same across the boar d, 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 assessments 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 ap plies 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 i nterest is 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 f oreseeable 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 Member 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 landlord and consequently affect the potenti al 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 equally across the board that presumably will not create a unique effect on the Council Member’s interest.

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ALTERNATIVES

1. Adopt the proposed resolutions. Staff recommends this alternative as it is consistent with the 1972 Act and required to initiate the annual process to continue levying the annual assessments on the property tax roll to support the residential street lighting program for FY 2023/24.

2. Do not adopt the proposed r esolutions. Staff does not recommend this alternative as it may prevent the City 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 recommend 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 adj ustment to the maximum assessment where applicable, has been approved through prior proceedings. Funds received for the benefit of the District are restricted and can only be used to fund the services of the District. The recommended assessment rates for F Y 2023/24 are listed in the table 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 Maximum Applied2 Maximum Applied2
Adjustment to
Maximum
Change in
Applied
Assessment
Revenue5
Zone 013
32,798 $ 23.00 $ 23.00 $ 23.00 $ 23.00 0.00% $ - $ 754,361.36 Zone 024
7,194 $ 32.47 $ 32.46 $ 34.07 $ 34.07 4.93% $ 1.61 $ 244,985.42 Zone 033
65 $ 6.00 $ 6.00 $ 6.00 $ 6.00 0.00% $ - $ 390.00 Total Projected Assessment Revenue $ 999,736.78
1 Equivalent Benefit Units. An EBU is equivalent to a single-family residential (SFR) parcel. 2 Rounded down. Riverside County requires even numbered dollar amounts to be applied to the property tax roll. 3 Property owners have not approved an annual inflationary adjustment. 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).

LMD 2014-01 Assessment Rates
(Residential Street Lighting)
FY 2022/23 Proposed FY 2023/24
5 Total of proposed levy differs from calculation of EBUs and rate shown due to rounding.

For FY 2023/24, the total projected expenditures for the District are $1,459,350.00. The property assessments are projected to generate $999,736.78 in revenue. Other revenue sources to the District (e.g. property tax revenues ), and a contribution from the General Fund are programmed to fund the difference between the projected expenditures and assessment revenue.

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The City’s FY 2023/24 Proposed Operating Budget includes a total General Fund contribution of $321,223.22. This includes the r equired Gen eral Benefit cost and a General Fund subsidy.

Type Description Amount
General Benefit Cost
As defined in the Report, represents costs which are not allowed to be assessed to properties and therefore, are apportioned to the General Fund.The General Benefit is the benefit the public receives from the public street lighting improvements in the District. 29,190.00$
Additional Agency
Contribution1
Funds the shortfall between revenues and expenditures to continue operating the street lighting program. 292,033.22$
321,223.22$
General Fund Costs
Total
1 Projected contribution included in proposed Operating Budget. The actual contribution may be lower than needed to cover expenses. In the event additional amounts are needed, a budget adjustment will be requested.

Third party costs associated with the annual levy approval process and preparation of the Report for LMD No. 2014-01 are projected not to exceed $3,000.00. Third party services include a consultant assessment engineer, special legal counsel, and publication of a legal notice. These costs are included in the City’s FY 2022/23 Adopted Operating Budget for LMD No. 2014-01 (Fund 5012).

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 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
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3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

See the Discussion section above for details of how this action supports the Ci ty 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 2014-01 Assessment Engineer's Report

APPROVALS

Budget Officer Approval ✓ Approved . 3/10/23 10:36 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 3/11/23 12:39 PM B.6
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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 FISCAL YEAR 2023/24

ASSESSMENTS AGAINST REAL PROPERTY IN MORENO

VALLEY COMMUNITY SERVICES DISTRICT LIGHTING
MAINTENANCE DISTRICT NO. 2014-01

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CIT Y 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 of the Act , 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 Assessment 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 (6055 : 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 (6055 : 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 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 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 Initiating Proceedings (6055 : 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
FISCAL YEAR 2023/24 ASSESSMENTS AGAINST REAL

PROPERTY IN MORENO VALLEY COMMUNITY

SERVICES DISTRICT LIGHTING MAINTENANCE
DISTRICT NO. 2014-01

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 -08, adopted on May 27, 2014, the Board of Directors, pursuant to the Act, established the Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 (the “Assessment District”) to fund street lighting services through the levy of annual assessments against real property; and
WHEREAS, by prior resolution, the Board of Directors initiated proceedings to levy 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 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 Community Services District Lighting Maintenance District No. 2014-01” (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.

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.

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Attachment: Resolution Approving Engineer's Report (6055 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS IN 2 Resolution No. CSD 2023-__
Date Adopted: March 21, 2023

2. Approval of Report. The Board of Directors hereby approves the Report as filed.

3. Provision of Services. Nothing in the description of services or any Resolution of the Board of Directors shall be construed as committing the CSD to provide all of the proposed services. The provision of services shall be subject to the availability of sufficient funding through the collecti on of assessment revenue within each zone of the Assessment District.

4. 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 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.

5. Effective Date. This Resolution shall be effective immediately upon adoption.

6. 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 Approving Engineer's Report (6055 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS IN 3 Resolution No. CSD 2023-__
Date Adopted: March 21, 2023

RESOLUTION JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)
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Attachment: Resolution Approving Engineer's Report (6055 : 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 FISCAL YEAR 2023/24

ASSESSMENTS AGAINST REAL PROPERTY IN MORENO

VALLEY COMMUNITY SERVICES DISTRICT LIGHTING
MAINTENANCE DISTRICT NO. 2014-01

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 2014-08, adopted on May 27, 201 4, the Board of Directors, pursuant to the Act, established the Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 (the “Assessment District”) to fund street lighting services through the levy of annual assessments against real property; and
WHEREAS, by prior resolution, the Board of Directors initiated proceedings to levy fiscal year (FY) 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 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 Community Services District Lighting Maintenance District No. 2014-01” (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, by prior resolution, the Board of Directors approved the Report as filed; and
WHEREAS, the Board of Directors desires to declare its intention to levy FY 2023/24 assessments as described in the Report.

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 B.6.c
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Attachment: Resolution Declaring Intent (6055 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS IN FISCAL YEAR 2 Resolution No. CSD 2023-__
Date Adopted: March 21, 2023

this reference.

2. Declaration of Intent. The Board of Directors hereby declares its intention to levy and collect 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 Lighting Maintenance District No. 2014-01.”

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 operation, maintenance and servicing of street light improvements.

6. Reference to Report. The Report contains a full and detailed description of (i) the street light 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. 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.

8. Notice. Notice of the Hearing shall be given in the manner set forth in Section 22626(a) of the Act.

9. 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.

10. 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.

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Attachment: Resolution Declaring Intent (6055 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS IN FISCAL YEAR 3 Resolution No. CSD 2023-__
Date Adopted: March 21, 2023

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 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.

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

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Attachment: Resolution Declaring Intent (6055 : 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 )

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)
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Attachment: Resolution Declaring Intent (6055 : 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
Lighting Maintenance District No. 2014 -01
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Attachment: LMD 2014-01 Assessment Engineer's Report (6055 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS

W.O. No. 23-8007 (201401/default)
ENGINEER’S REPORT

FOR THE ANNUAL LEVY
FOR FISCAL YEAR 2023/24

MORENO VALLEY COMMUNITY SERVICES DISTRICT

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA

LIGHTING MAINTENANCE DISTRICT NO. 2014-01

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 2014-01 Assessment Engineer's Report (6055 : 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 ________________________________________________ 2 Section 3. Estimate of Improvement Costs ____________________________________________ 7 Section 4. District Diagrams _______________________________________________________ 10 Section 5. Assessment Roll ___________________________________ ____________________ 14

Tables
Table 3-1. FY 2023/24 Budget _________________________________ _____________________ 8 Table 3-2. FY 2023/24 Assessment Rates _______________________ ______________________ 9

Diagrams
Diagram 4-1. Zone 01 ______________________________________________________________ 11 Diagram 4-2. Zone 02 ______________________________________________________________ 12 Diagram 4-3. Zone 03 ______________________________________________________________ 13

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Attachment: LMD 2014-01 Assessment Engineer's Report (6055 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS

Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 i

AGENCY: MORENO VALLEY COMMUNITY SERVICES DISTRICT,

RIVERSIDE COUNTY, CALIFORNIA

PROJECT: ANNUAL ENGINEER'S REPORT STATEMENT

DISTRICT : LIGHTING MAINTENANCE DISTRICT NO. 2014-01

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 my employer and Webb Municipal Finance, LLC), 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 Lighting Maintenance District No. 2014-01 (the "District"), any changes to the District or improvements, an estimate of the costs of the maintenance, operations, and servicing of th e 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 lighting improvements assoc iated with and resulting from development of proper ties 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 the parcels within the District. The un dersigned 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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Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 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 Lighting Maintenance District No. 2014-01 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 provided a specific set of services within a defined portion of the City. Upon establishment of the CSD, Zone B of the CSD provided residential street lighting in certain residential subdivisions. These street l ighting services were funded through a charge on th e annual property tax roll to parcels served by the street lighting.

With the passage of Proposition 218, a number of substantive and procedural requirements were placed on taxes, assessments, and property-related fees imposed by l ocal governments in California. Although referred t o by the CSD as "charges", the charges imposed by Zone B of the CSD were categorized under Proposition 218 as r eal property assessments.

Street lighting is a maintenance and operation expe nse for sidewalks and streets. Consequently, the Zo ne B charges imposed prior to November 5, 1996 were authorized under Article XIII D, Section 5(a) of the Constitution, which permitted the continuation of assessments existing prior to the effective date of Proposition 218 so long as those assessments were imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood contro l, drainage systems or vector control. Consequently , upon the effective date of Proposition 218, these Zone B cha rges continued to be levied annually by the CSD wit hout requiring additional property owner approval.

Subsequent to the adoption of Proposition 218, territories (and associated street lights) were added to CSD Zone B. When this occurred, the CSD conducted a mail bal lot assessment proceeding with respect to the levy of the Zone B charges as required by Article XIII D, Secti on 4(e) of the Constitution. Beginning in December 1999, the CSD’s practice when balloting for Zone B charges in new territory was generally to present the charge with an incorporated automatic inflation adjustment. This was not done for the previously approved territory nor for much of the territory added to Zone B between November 1 996 and December 1999. Therefore, in some parts of CSD Zone B the charge was imposed annually at a level r ate, whereas in other parts of Zone B the maximum c harge was increased each year based on inflation.

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 Zone B. Parcels that ha d been charged an annual Zone B charge for street l ighting services are instead assessed an annual assessment for those services as part of Lighting Maintenance District No. 2014-01. This transition did not increase the amount paid annually by any property owner and did not change the nature or extent of the street lighting services pr ovided. The assessments levied in connection with t he assessment district in every way serve as a continuation of the charges levied in connection with Zone B.

The improvements, the method of apportionment, and the special benefit assessments described in this R eport are based on the improvements and development of pr operties within the District and represent an estim ate of the direct expenditures and incidental expenses tha t will be necessary to maintain, service, and opera te such improvements for FY 2023/24. The improvements to be maintained in connection with the development of B.6.d
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Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 iv

properties within the District and described herein are based on the development plans and specifications for the properties and developments in 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 Lighting Maintenance District No. 2014-01 v

This Report consists of five (5) Sections:

SECTION 1 PLANS AND SPECIFICATIONS : Provides a description of the District boundaries and the improvements associated with the District. The District has thre e benefit Zones (hereafter referred to as "Zones"), which are described in more detail in thi s Section as well as in Section 2 (Method of Apportionment). A diagram showing the exterior boun daries of the CSD, the District, and the Zones established within the District, is attached and incorporated herein in Section 4 (District Diagrams). Available plans for the street light ins tallations, including the City's current standard specifications, are on file with the Public Works Department. The location of each street light can be found by using the Moreno Valley Map Viewer located on the City’s website.

SECTION 2 METHOD OF APPORTIONMENT : Provides a discussion of the general and special b enefits associated with the overall street lighting improvements provided within the District (Proposition 218 Benefit Analysis). This Section also includes a determinati on 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 ESTIMATE OF IMPROVEMENT COSTS : Provides an estimate of the annual funding required for the maintenance, servicing, and operation of street lig hting 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 street ligh ting improvements within the District for FY 2023/24 including, but not limited to, servicing of the street lights and related facilities, energy costs, and related incidental expenses authorized by the 1972 Act and pursuant to the provisions of Proposition 218. 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 DISTRICT DIAGRAMS: Diagrams showing the boundaries of the District an d the Zones therein, including all parcels that receive special benefits from the improvements. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District.

SECTION 5 ASSESSMENT 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 Lighting Maintenance District No. 2014-01 1 DESCRIPTION OF THE DISTRICT
The territory within the District consists of all lots and parcels of land that receive special benefits from the street light improvements funded by the District assessmen ts. The boundaries of the District are comprised of three benefit Zones. Parcels within the District are identified and grouped into one of the three designated Zones based on the special benefits properties receive from the District improvements and the authorized maximum assessments established. The three Zones within the District and the benefits associated with the prop erties therein are described in more detail in Section 2 (Method of Apportionment) of this Report. In addition, the District Diagram in Section 4 of the Report provides a visual representation of the District showing the boundaries of the District Zones.

DISTRICT FACILITIES AND IMPROVEMENTS
The street lights funded by the District are primar ily low-intensity residential street lights located within the District, spaced approximately every 125 feet withi n a subdivision. Generally, high-intensity lights o utside the subdivisions are funded through other revenue sources and are not part of the District assessments.

Southern California Edison (SCE) provides electrici ty to the street lights owned by the City and the C ity is responsible for providing maintenance and servicing of the light fixtures and poles. All of the City-o wned street lights have been retrofitted to Light Emitting Diod e (LED) fixtures. LED bulbs are more energy efficie nt and are expected to have a longer life span than the high-pressure sodium vapor bulbs they replaced.

The maintenance, operation, and servicing of the District’s lighting improvements generally include the furnishing of labor, materials, equipment, and electricity for the ordinary and usual maintenance, operation, and servicing of street lights within the public right-of-ways an d easements dedicated to the City. These activities include, but are not limited to:
• Furnishing of electric current or other illuminating agent. • Maintenance, repair, and replacement of light poles and fixtures, including changing light bulbs, pain ting, photoelectric cell repair or replacement, and repai ring damage cause by accidents, vandalism, time, an d weather.
• Electrical conduit and pull-box repair and replacement due to damage by construction and weather. • Monitoring of the Underground Service Alert (USA) n etwork, identification of proposed excavation in th e vicinity of lighting electrical conduits, and marking the location of those underground conduits in the field to prevent damage by excavation.
• Service, maintenance, repair, and replacement inclu ding replacing worn out electrical components and repairing damage due to accidents, vandalism, and weather. • Periodic repair and rehabilitation of the street li ghting system including replacement of old equipmen t with new or reconditioned equipment; and repair, removal or replacement of related equipment as required including, but not limited to, lighting fixtures, poles, meters, conduits, electrical cable, and relocation of street light facilities as necessary, including the purchase and installation of related equipment and facilities. • Street light inventory database, pole numbering, an d mapping to establish the number of street lights that must be maintained, as well as the condition and lo cation of these street lights as part of an effecti ve maintenance program.
• Responding to citizen inquiries regarding street lighting.

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2. Method of Apportionment

Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 2 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 li ghting improvements and related facilities. The 1972 Act r equires that the cost of these improvements be levi ed according to benefit rather than assessed value.

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 the District and for which properties are asses sed are public street lighting improvements. These improvem ents generally were installed in connection with th e development of the properties within the District and were required by the City as a condition of development.

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 Lighting Maintenance District No. 2014-01 3 BENEFIT ANALYSIS
Special Benefit
The street lighting in the District is primarily lo w-intensity street lighting that is useful for illu minating the sidewalks and parking lanes in the District. This lighting is distinct from the high-intensity lights installed on major streets which serve in part to enhance traffic safe ty. Residential street lights are of lower intensit y, but more closely spaced, than the high-intensity street lights. These sorts of low-level, low-intensity residential street lights provide three main special benefits: (i) residentia l security benefit, (ii) pedestrian safety benefit, and (iii) parkway/roadway egress benefit. Because traffic in the District is largely limited to local traffic co nsisting of residents and residents’ guests traveling to and from property within the District, it is reasonable to assume that essentially all pedestrians and parking vehicles in the lit areas will, after dark, be directly associ ated with an assessed dwelling unit.

With the exception of the development that comprise s Zone 03 (discussed below), the street lights with in the District are consistent with the City’s typical intensity and spacing standards for residential lighting at the time of development and each parcel to be assessed is served directly by the system of street lights providing appropriate lighting within the subdivision. Consequently, we conclude that each residential parcel within the District receives substantially similar benefit from the improvements regardless of their location within the District. Furthermore, the cost of maintaining and operating each light is substantially the same, regardless of the location of the light within the District.

General Benefit
Approximately 5% of the street lights funded by the District are located at the perimeter/entryway of a residential development. These perimeter/entryway lights, in contrast to the remainder of the lights funded by the District, arguably provide some illumination that extends bey ond the boundaries of the developments and parcels being assessed within the District, that enhances the saf ety of members of the public unassociated with an a ssessed parcel, that illuminates traffic or parking on majo r thoroughfares, or that otherwise provides service s to the general public. Although, in general, these street lights exist solely because of the development of a ssessed parcels, and although the primary purpose of these lights is to provide illumination benefiting assess ed parcels, they may provide some level of general benefit in addition to the special benefits provided to the assessed parcels.

We estimate that this general benefit constitutes not more than 25% of the total benefit from perimeter/entryway lights. As 25% of the benefit from 5% of the lights constitutes not more than 2% of the total benefit from all improvements operated and maintained by the Distric t, we determine that the total general benefit from operation and maintenance activities will not exceed 2% of operations and maintenance costs.

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2. Method of Apportionment

Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 4 ZONES OF BENEFIT
In an effort to ensure an appropriate allocation of the estimated annual cost to provide the District improvements based on proportional special benefits, this District was established with benefit Zones as authorized pursuant to Chapter 1 Article 4, Section 22574 of the 1972 Act:
"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." There are three Zones within the District. The bulk of the parcels in the District are located in eith er Zone 01 or Zone 02. These Zones are defined separately, largel y for administrative purpose, as the level of servi ce is substantially identical in the two Zones and the ra tio of the number of lights to the number of parcel s is substantially the same. Zone 01 consists of those p arcels that, as a result of Proposition 218, are su bject to an assessment that is not annually adjusted for inflation. Zone 02 consists of those parcels for which the assessment can be adjusted annually for inflation.

Zone 03 consists of 65 residential parcels located in Tract 21958. This tract is unique within the District because it was developed with a substantially lower street lig ht density (street lights are spaced farther apart than the residential street lights typically found in the residential tracts of Zone 01 and Zone 02). As a result, the parcels in Tract 21958 generally receive less lighting than pa rcels elsewhere in the District, and the per parcel cost of providing street light special benefits to Tract 21958 parcels is substantially less than the cost of providing benefits elsewhere in the District.

For FY 2023/24:
• Zone 01 includes 32,715 parcels and has 7,075 street lights. • Zone 02 includes 7,253 parcels and has 1,569 street lights. • Zone 03 includes 65 parcels and 3 street lights.

The District budget, incorporated herein under Section 3 of this Report, provides a summary of the total estimated cost of providing the street lighting improvements and the allocation of those costs between the three Zones (which is based on the number of lights in each Zon e) as well as those costs that are considered gener al benefit.

Details regarding the location and extent of the st reet lighting improvements within the District and the Zones therein are on file in the Public Works Department, and by reference these documents are made part of this Report. A diagram showing the boundaries of the three Zones outlined above is attached and incorporated herein under Section 4 (District Diagrams) of this Report.

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2. Method of Apportionment

Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 5 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.

One EBU is defined as the special benefit allocable to a single-family residential home. In each case, a parcel is only allocated EBUs in a fiscal year if the street lights serving the parcel (or serving the perimeter of the complex in the case of apartments, condominiums, etc.) has been accepted by the City or will be accepted by th e 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. This land use is assigned 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 Parks : This land use classification identifies properties that are used for residential purposes and contain more than one residential unit per lot or parcel. The proportiona l special benefit and EBUs for these parcels is based on acreage, at 4.0 EBUs per acre.

Vacant Parcels : This land use classification identifies properties that are undeveloped and not fully subdivided but are served by a street light improvement. This land use is assigned 1.0 EBU per lot or parcel.

Approved Single-Family Residential : This land use is defined as a fully subdivided sin gle-family residential home site with or without a structure, but the street lights to be installed as part of the development have not yet been installed and are not anticipated to come online th is fiscal year. Generally, these parcels were annex ed to the District in anticipation of the property being deve loped and street lights being installed, but until such time that the street lights are to be installed, these lots or parcels will not be assessed and are assigned 0.0 EBU.

Planned Residential Development : This land use is defined as a property that is cur rently considered vacant or undeveloped land that is to be subdivided into a kn own number of residential lots, but the street ligh ts to be installed as part of the development have not yet been installed and are not anticipated to come online this fiscal year. Generally, these parcels were annexed to the District in anticipation of the property being deve loped and street lights being installed, but that has not yet occurred. Until such time as the street lights are to be installed, these lots or parcels will not be assessed and are assigned 0.0 EBU.

Exempt : This classification means any lot or parcel that i s not considered to specially benefit directly from improvements. This classification includes, but is not limited to, areas of public streets, private st reets and other B.6.d
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2. Method of Apportionment

Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 6 roadways; public easements or right-of-ways includi ng landscaped parkways, easement, utility right-of- ways, or easements such as irrigation or drainage ditches, c hannels, or basins; and flood plains. These types o f parcels of land (similar to the improvements) are typically th e result of property development rather than the di rect 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 lots that are identified as common areas (properties for which the surrounding residential parcels have a shared interest); bifurcated lots; and small parcels vacated by the County or similar sliver parcels that cannot be developed independent of an adjacent parcel. These types of parcels are general ly not separately assessed because they are functionally a part of another parcel that is assessed for its own benefit and the benefit of the associated parcel.

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 Expenses - General Benefit Costs = 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 EBU (to be Assessed) = Assessment per EBU

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3. Estimate of Improvement Costs

Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 7 DISTRICT BUDGET
The budget outlines the estimated costs to maintain the improvements and the anticipated expenditures for FY 2023/24. Operation and Maintenance (O&M) costs were allocated amongst the Zones proportionately to the number of street lights serving the Zones.

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3. Estimate of Improvement Costs

Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 8 Table 3-1
FY 2023/24 Budget

Zone 01 Zone 02 Zone 03 Total

Annual Operating Expenses

Operations & Maintenance $108,270.29 $24,003.80 $45.91 $132,320.00

Utilities $1,016,204.06 $225,295.06 $430.88 $1,241,930.00

Total O&M Expenses $1,124,474.35 $249,298.86 $476.79 $1,374,250.00

Incidental/Administrative Expenses

District Administration $53,022.33 $11,755.19 $22.48 64,800.00

County Fees $15,955.79 $3,537.44 $6.77 19,500.00

Miscellaneous Administrative Expenses $654.59 $145.13 $0.28 800.00

Total Incidental/Administrative Expenses $69,632.71 $15,437.76 $29.53 $85,100.00

Contribution to Fund Balance $0.00 $0.00 $0.00 $0.00

Total Annual Expenses $1,194,107.06 $264,736.62 $506.32 $1,459,350.00

General Benefit Costs ($23,884.59) ($5,295.28) ($10.13) (29,190.00)

Total Special Benefit Costs $1,170,222.47 $259,441.34 $496.19 $1,430,160.00

Other Available Funding

Use of Reserves a $0.00 $0.00 $0.00 $0.00

Additional Agency Contribution/Collection b (302,624.07) 10,649.03 (58.18) ($292,033.22)

Other Revenue Sources c ($113,237.04) ($25,104.96) ($48.01) (138,390.00)

Total Contributions/Adjustments ($415,861.11) ($14,455.93) ($106.19) ($430,423.22)

NET SPECIAL BENEFIT ASSESSMENT $754,361.36 $244,985.41 $390.00 $999,736.77

District Statistics

Total Parcels d 32,715 7,253 65 40,033

Total Assessed Parcels 32,708 7,193 65 39,966

Total EBUs 32,798 7,193 65 40,056

Proposed Assessment per EBU $23.00 $34.07 $6.00

Maximum Assessment per EBU $23.00 $34.07 $6.00

Reserve Fund/Fund Balance

Estimated Beginning Fund Balance as of July 1, 2023 $0.00 $0.00 $0.00 $0.00

Revenue and City Contributions $1,170,222.47 $259,441.34 $496.19 $1,430,160.00

Contribution to/(Use of Reserve Funds) $0.00 $0.00 $0.00 $0.00

Expenditures less General Benefit Costs ($1,170,222 .47) ($259,441.34) ($496.19) ($1,430,160.00)

Estimated Ending Fund Balance as of June 30, 2024 $ 0.00 $0.00 $0.00 $0.00 Slight variances are due to rounding.

a There are no reserve funds available .
b The Additional Agency Contribution bridges the shortfall between the Special Benefit Costs and the Assessment that will be levied. This contribution is in addition to the General Benefit Costs. The Additional Agency Collection occurs when the Assessment that will be levied exceeds the Special Benefit Costs; though rare, when this occurs, the funds are added to Reserves for future use. c Includes property taxes and interest income.
d "Total Parcels " includes all assessable parcels, including parcels that will be served by lighting in the future and have a current EBU of ze ro. Note that all parcels that benefit from the services are assessed on the tax roll. Because the District exclusively includes the internal streets in residential subdivisions, there are no benefitting government-owned parcels in the District.

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Attachment: LMD 2014-01 Assessment Engineer's Report (6055 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS

3. Estimate of Improvement Costs

Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 9 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 Assessment Rates
Zone Maximum Rates Applied Assessment Rates
Zone 01 $23.00 $23.00 per EBU
Zone 02 a $34.07 $34.07 per EBU
Zone 03 $6.00 $6.00 per EBU
a The Maximum Assessment Rate includes an inflation ary adjustment previously balloted and approved by the property owners.

Note that for FY 2023/24 there are:
• 32,798 EBUs in Zone 01 sharing $1,170,222.47 in proportional special benefit. • 7,193 EBUs in Zone 02 sharing $259,441.34 in proportional special benefit. • 65 EBUs in Zone 03 sharing $496.19 in proportional special benefit.

ANNUAL INFLATIONARY ADJUSTMENT (ASSESSMENT RANGE FORMULA) FOR ZONE 02 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, 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 using the percentage change for the previou s 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 A ngeles-Long Beach-Anaheim Region

1. The inflation adjustment
from December 2021 to December 2022 is 4.93%.

1 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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Attachment: LMD 2014-01 Assessment Engineer's Report (6055 : ADOPT RESOLUTIONS TO INITIATE PROCEEDINGS TO LEVY ASSESSMENTS

4. District Diagrams

Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 10 DISTRICT DIAGRAMS
The following boundary maps depict the parcels within the three Zones that make up the District, which are those that existed at the time this Report was prepared. The combination of these maps and the Assessment Ro ll referenced by this Report constitute the Assessment Diagram for the District.

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4. District Diagrams

Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 11 Diagram 4-1

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Attachment: LMD 2014-01 Assessment Engineer's Report (6055 : ADOPT RESOLUTIONS TO INITIATE

4. District Diagrams

Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 12 Diagram 4-2

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4. District Diagrams

Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 13 Diagram 4-3

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5. Assessment Roll

Engineer’s Report for FY 2023/24
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 14 ASSESSMENT ROLL
The PIN for each lot or parcel within the District is based on available parcel maps and property data from the Riverside County Assessor’s Office. A listing of th e parcels to be assessed within this District, alon g with the corresponding assessment amounts to be levied for FY 2023/24 has been provided electronically to the Secretary of the CSD Board (City Clerk). The listing is incorporated herein by reference. The Report can also be found online at the City’s website at www.moval.org/sd . If any PIN identified therein is submitted for collection and identified by the County Auditor/Controller of the County of R iverside to be an invalid parcel number for any fis cal year, a corrected PIN and/or new PIN(s) will be 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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Report to City Council

ID#6180 Page 1
TO: Mayor and City Council
Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)

FROM: Jeremy Bubnick, Parks & Community Services Director

AGENDA DATE: March 21, 2023

TITLE: AUTHORIZE SUBMISSION OF A GRANT APPLICATION

FOR THE ESSER III SUMMER GRANT PROGRAM

RECOMMENDED ACTION
Recommendations: That the City Council and CSD:

1. Authorize the Executive Director to submit a grant application in the amount of $60,000 to the Expanded Learning Division California Department of Education (CDE) for the Elementary and Secondary School Emergency Relief III (ESSER III) Summer Grant Program to provide funding for Summer Expanded Learning Programming at Edgemont Elementary School;

2. Adopt Resolution No. CSD 2023 - . A resolution of the Moreno Valley Community Services District of the City of Moreno Valley, California, approving application for ESSER III Summer Grant Program funds and to authorize designated personnel to sign grant-related documents;

3. Upon award, accept and receive grant award funds from the California Department of Education for the ESSER III Summer Grant Program;

4. Authorize the Executive Director to process a budget amendment and appropriation in the awarded amount in FY 22/23; and

5. Upon award approval, a uthorize the Executive Director to enter into an Agreement and any subsequent amendments with Think Together , Inc. for operation of the ESSER III Summer Program at Edgemont Elementary ; and issuance of assoc iated Purchase Order once the Agreement has been fully executed.

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SUMMARY

This report recommends authorization to submit a grant application to the Expanded Learning Division California Department of Education for the Elementary and Secondary School Emergency Relief III (ESSER III) Summer Grant Program to provide funding for Summer Expanded Learning Programming at Edgemont Elementary School. This grant funding will enhance the current Summer Expanded Learning Program at Edgemont Elementary during summer, v acation and intersession time periods. The evidence - based summer programming will include an educational and literacy element and an educational enrichment element all focused on responding to students’ academic, social, and emotional needs.

In addition , this report recommends approval of an agreement between the City and Think Together, Inc., current partner and provider of both After School Education & Safety ( ASES) and 21 st Century Community Learning Centers ( CCLC) after school programs, to provide the ESSER III Summer Program at Edgemont Elementary.

DISCUSSION

The purpose of the ESSER III Summer Grant Program is for the implementation of evidence-based summer enrichment programs, and ensure such programs respond to students’ academic, social, and em otional needs and address the disproportionate impact of the coronavirus on the student populations described in Section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 United States Code [U.S.C.] 6311[b][2][B][xi ]), students experiencing homelessness, and children and youth in foster care.

Moreno Valley Unified School District (MVUSD) and Think Together, Inc. are co - applicants on this grant application. Through the City’s strong partnership with MVUSD and Think Together, Inc., we are seeking this grant funding to enhance the current summer program funded by 21st CCLC at Edgemont Elementary.

The ESSER III Summer Grant Program performance period will be July 1, 2022, through September 30, 2023. The program will be offered during any combination of summer, intersession, or vacation periods . Think Together, Inc., will provide the day -to- day operations, coordination of facilities, and will ensure the program requirements are being met. In addition, Think Together, Inc. will collect and provide all the necessary information required for monthly and q uarterly reporting. The City will submit and file all required reporting to CDE.

ALTERNATIVES

1. Approve the recommended actions as presented in this staff report. Staff recommends this alternative as it will have a positive impact on the community B.7
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by prov iding evidence -based summer programming opportunities to elementary aged students.

2. Do not approve the recommended actions as presented in this staff report.

Staff does not recommend this alternative as it will not provide summer programming opportunities to elementary aged students.

FISCAL IMPACT

Staff is recommending an application in the amount of $60,000 for ESSER III Summer Grant Program funding for Summer Expanded Learning Programming for FY 22/23.

The proposed grant would fund program and grant adm inistration expenditures at 100 percent through direct grant funding from CDE. Grant funds would be restricted to the ESSER III Summer Program as designated in the application. There is no impact to the General Fund. Think Together , Inc. would provide direct programming . Upon award, funding would be budgeted in the Fund 2300 Operating Budget.

Description Fund GL Account No. Type
(Rev/Exp)
FY 22/23
Budget
Proposed
Adjustments
FY 22/23
Amended Budget
Receipt of Grant 2300-xxxxx 2300-50-92-xxxxx-
486000
Rev $0 $60,000 $60,000
Administration 2300-xxxxx 2300-50-92-xxxxx-
611110
Exp $0 $3,000 $3,000
Contract Services 2300-xxxxx 2300-50-92-xxxxx-
625099
Exp $0 $57,000 $57,000

NOTIFICATION

Posting of agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Patty Yhuit Jeremy Bubnick
Sr. Management Analyst Parks & Community Services Director

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

1. Resolution No. CSD 2023- _ESSER III

2. Agreement_Think Together_ESSER III FY22.23_Approved as to Form

APPROVALS

Budget Officer Approval ✓ Approved . 3/14/23 2:43 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 3/14/23 2:47 PM B.7
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RESOLUTION NO. CSD 2023-

A RESOLUTION OF THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY,

CALIFORNIA, APPROVING APPLICATION FOR ESSER III

SUMMER GRANT PROGRAM FUNDS AND TO

AUTHORIZE DESIGNATED PERSONNEL TO SIGN GRANT

DOCUMENTS

WHEREAS, the Moreno Valley Community Services District Board of Directors desires to provide summer academic enrichment opportunities to children of Moreno Valley in 2022-23; and

WHEREAS, the Moreno Valley Community Services District Board of Directors further desires to submit a grant application to the Expanded Learning Division California Department of Education for the purpose of providing academic support and educational enrichment to children; and

WHEREAS, the Moreno Valley Community Services District Board of Directors authorizes the persons serving in the positions listed below to accept and sign as a proxy for financial statements and legally binding documents for the Governing Board.

Titles

Parks & Community Services Director

Parks & Community Services Deputy Director
Chief Financial Officer/City Treasurer

NOW, THEREFORE, THE MORENO VALLEY COMMUNITY SERVICES

DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Approves the filing of an application for ESSER III Summer Grant Program funds; and

2. Authorize designated personnel to accept and sign as a proxy for financial statements and legally binding documents on behalf of the Governing Board.

1 Resolution No. CSD 2023-
Date Adopted: March 21, 2023
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Attachment: Resolution No. CSD 2023- _ESSER III (6180 : AUTHORIZE SUBMISSION OF A GRANT APPLICATION FOR THE ESSER III SUMMER

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
of Directors of the Moreno Valley Community
Services District

ATTEST:

City Clerk, 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 Legal Counsel of the Moreno
Valley Community Services District

2 Resolution No. CSD 2023-
Date Adopted: March 21, 2023
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Attachment: Resolution No. CSD 2023- _ESSER III (6180 : AUTHORIZE SUBMISSION OF A GRANT APPLICATION FOR THE ESSER III SUMMER

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Jane Halstead, City Clerk 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 of the City of Moreno Valley at a regular meeting held on the 21st day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JANE HALSTEAD, SECRETARY

(SEAL)

3 Resolution No. CSD 2023-
Date Adopted: March 21, 2023

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Attachment: Resolution No. CSD 2023- _ESSER III (6180 : AUTHORIZE SUBMISSION OF A GRANT APPLICATION FOR THE ESSER III SUMMER 1 Moreno Valley Community Services District of the City of Moreno Valley

AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES
This Agreement is made by and between the Moreno Valley Community Services District of the City of Moreno Valley, with its principal place of b usiness at 14075 Frederick Street, Moreno Valley, CA 92553, hereinafter referred to as the “CSD”, and THINK Together, a California non-profit corporation, with its principal place of business at 2101 E. Fourth Street, Ste. 200B, Santa Ana, CA 92705, hereinafter referred to as the “Contractor,” based upon CSD policies and the following legal citations:

RECITALS
A. G
overnment 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 enhanced summer learning program contracting services required by the CSD on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing professional enhanced summer learning program contracting services, is licensed in the State of California, if applicable.

C. CSD desires to engage Contractor to render such services for enhanced summer learning programs 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 CSD signs this Agreement.

TER
MS

1. CO
NTRACTOR INFORMATION:

Contractor’s Name: THINK Together
Address: 2101 E. Fourth Street, Ste. 200B
C
ity: Santa Ana State: CA Zip: 92705
Business Phone: 714-543-3807 Fax No. 714-543-3852
Business License Number: 26278
Federal Tax I.D. Number: 33-0781751
2 . CONTRACTOR SERVICES, FEES, AND RELEVANT DATES:

A. T
he Contractor’s scope of service is described in Exhibit “A” attached hereto and incorporated herein by this reference.

B. The CSD’s responsibilities, other than payment , are described in Exhibit “B” attached hereto and incorporated herein by this reference.

C. Payment terms are provided in Exhibit “C” attached hereto and incorporated herein by this reference.

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Attachment: Agreement_Think Together_ESSER III FY22.23_Approved as to Form (6180 : AUTHORIZE SUBMISSION OF A GRANT 2 D. The term of this Agreement shall be from May 1, 2023 to December 31, 2023, unless terminated earlier as provided herein . The agreement is coterminous with and subject to the CSD’s receipt of Elementary and Secondary School Emergency Relief III Summer Grant Program (ESSER III) grant funding. The CSD 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 reasona ble 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 CSD 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 compensation for services is paid by the Contractor, an agent or employee of the CSD , or authorizing the Contractor to create or assume any obligation or liability for or on behalf of the CSD, or entitling the Contractor to any right, benefit, or privilege applicable to any officer or employee of the CSD.

C. Subcontracting. Contractor may retain or subcontract for the servic es of other necessary contractors with the prior written approval of the CSD. 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 exc eption that the CSD 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 CSD.

E. Substitution of Key Personnel. Contractor has represented to CSD that certain key personnel will perform and coordinate the services 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 CSD. In the event that CSD and Contractor cannot agree as to the substitution of key personnel, CSD shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the s ervices in a manner acceptable to the CSD, or who are determined by the CSD to be uncooperative, incompetent, a threat to the adequa te or timely completion of the p roject or a threat to the safety of persons or property, shall be promptly removed from the project by the Contractor at the request of the CSD . The key personnel for performance of this Agreement are as follows: Randy Barth, Founder & Chief Executive Officer.

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Attachment: Agreement_Think Together_ESSER III FY22.23_Approved as to Form (6180 : AUTHORIZE SUBMISSION OF A GRANT 3 F. CSD’s Representative. The CSD hereby designates the Executive Director of the CSD, or his or her designee, to act as its representative for the performance of this Agreement (“CSD ’s Representative”). Contractor shall not accept direction or orders from any person other than the CSD’s Representative or his or her designee.

G. Contractor’s Representative. Contractor hereby designates Randy Barth, Founder & Chief Executive Officer, or his or her designee, to act as its representative for th e 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 satisfactory 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 s ervices. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the CSD, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold CSD, 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 any 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 are legally required to perform the service s 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 CSD to be uncooperative, incompetent, a threat to the adequa te 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 s ervices in a manner acceptable to the CSD, 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 of Moreno Valley (hereinafter referred to as the “City”), the Moreno Valley Housing Authority, and the Moreno Valley C ommunity Services District (CSD), their officers, agents and employees harmless from any and all claims, damages, losses, causes of action and 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 B.7.b
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Attachment: Agreement_Think Together_ESSER III FY22.23_Approved as to Form (6180 : AUTHORIZE SUBMISSION OF A GRANT 4 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 CSD ’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 counsel of CSD’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 the 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 the 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 CSD for the cost of any settlement paid by the City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employe es as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for CSD’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the 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 Requirements. The Contractor 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 California 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 i s determined to be functioning as a sole proprietor and the CSD 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 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:

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Attachment: Agreement_Think Together_ESSER III FY22.23_Approved as to Form (6180 : AUTHORIZE SUBMISSION OF A GRANT 5 B odily Injury
Property Damage
$1,000,000 per occurrence/ $2,000,000 aggregate
$1,000,000 per occurrence/ $2,000,000 aggregate
 P
rofessional Errors and Omission Insurance —such coverage shall not be less than $1,000,000 per claim and aggregate.
 L
iability 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 CSD prior to the execution of this Agreement. The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions:

Sol
ely as respect to services done by or on behalf of the named insured fo r the CSD, it is agreed that the City of Moreno Valley, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District, their officers, employees and agents 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, its officers, employees and agents, under any third party liability policy T
he 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 CSD , except that cancellation for non- payment of premium shall require ten (10) days prior written notice by certified 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 CSD unless explicitly stated otherwise in this Agreement. The Contractor may retain copies of any and all material, inclu ding drawings, documents, and specifications, produced by the Contractor in performance of this Agreement. The CSD and the Contractor agree that to the extent permitted by law, until final approval by the CSD, 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. There 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 B.7.b
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Attachment: Agreement_Think Together_ESSER III FY22.23_Approved as to Form (6180 : AUTHORIZE SUBMISSION OF A GRANT 6 only by a subsequent written Agreement signed by both parties. Assignment of this Agreement is prohibited without prior written consent.

O. If either party makes a good faith, reasonable determination that the other party is in default of its obligations under this agreement, that party must provide the other with a written request to cure the default. If that party reasonably believes that the default has not been cured within thirty (30) days of such writ ten request to cure, then that party shall have the right to immediately terminate this agreement upon written notification to the other.

P. (a) The CSD may terminate the whole or any part of this Agreement at any time without cause by giving at least th irty (30) 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 work or service(s) shall be commenc ed or continued after receipt of the notice which is not intended to protect the interest of the CSD. The CSD shall pay the Contractor within thirty (30) days after receiving any invoice after the date of termination for all non -objected to services perfo rmed by the Contractor in accordance herewith through the date of termination. Notwithstanding the foregoing, the CSD may terminate this agreement immediately upon notice of termination, suspension, or cancellation of ESSER III grant funding. (b) Either party may terminate this Agreement for cause. In the event the CSD 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, the CSD may require the 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, CSD may procure, upon such terms and in such manner as it may determine appropriate, similar to those terminated.

Q. Payment. Payments to the Contractor pursuant to this Agreement will be reported to Federal and State taxing authorities as required. The CSD 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. Such records shall be retained by the Contractor for three (3) years following completion of the services under the Agreement.

R. Restrictions on CSD Employees. The Contractor shall not employ any CSD employee or official in the work performed pursuant to this Agreement. No officer or employee of the CSD shall have any financial interest in this Agreement in violation of federal, state, or local law.

S. 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 B.7.b
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Attachment: Agreement_Think Together_ESSER III FY22.23_Approved as to Form (6180 : AUTHORIZE SUBMISSION OF A GRANT 7 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.

T. 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:

C
ontractor:

CS
D:

THINK Together
2101 E. Fourth Street, Ste. 200B
Santa Ana, CA 92705
Attn: Randy Barth, Founder & CEO
Moreno Valley Community Services District
14075 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Attn: Jeremy Bubnick, Director of Parks & Community Svcs S
uch 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.

U. Time of Essence. Time is of the essence for each and every provision of this Agreement.

V. Amendment; Modification. 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.

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; Severabi lity. 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 operation of law, this Agreement or any interest herein without the prior written consent of the CSD. 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 assignment, hypothecation or transfer.

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Attachment: Agreement_Think Together_ESSER III FY22.23_Approved as to Form (6180 : AUTHORIZE SUBMISSION OF A GRANT 8 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. CSD 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 CSD 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).

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 CSD 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 CSD.

9. Copyrights and rights in data developed in the course of or under the Agreement shall be the property of the CSD. 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 CSD, 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 B.7.b
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Attachment: Agreement_Think Together_ESSER III FY22.23_Approved as to Form (6180 : AUTHORIZE SUBMISSION OF A GRANT 9 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 the CSD 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: Agreement_Think Together_ESSER III FY22.23_Approved as to Form (6180 : AUTHORIZE SUBMISSION OF A GRANT 10 IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

Community Services District THINK Together
of t
he City of Moreno Valley
BY: B
Y:

Executive Director
Printed Name:

Chief Executive Officer
Dat e
Da te
BY: ______________________________
Printed Name: ________________________
(Corporate Secretary)
________________________________
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: CSD – Services to be provided to Contractor Exhibit C: Terms of Payment

INTERNAL USE ONLY
ATTES
T:

City Clerk
(only needed if Mayor signs)
APPROVED AS TO LEGAL FORM:

C ity Attorney
D ate
RE
COMMENDED FOR APPROVAL:

D epartment Head
(if contract exceeds 15,000)
Dat
e
03/13/2023
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Attachment: Agreement_Think Together_ESSER III FY22.23_Approved as to Form (6180 : AUTHORIZE SUBMISSION OF A GRANT 11 EXHIBIT A

SCOPE OF SERVICES

1. This Agreement between the CSD and the Contractor is for enhanced summer learning program services at Edgemont Elementary School, for the Elementary and Secondary School Emergency Relief III (ESSER III) Summer Grant Program funding granted to the CSD by the Expanded Learning Division California Department of Education (CDE).

2. The Contractor shall provide enhanced summer learning program services to approximately 125 students at Edgemont Elementary School.

3. The dates and times of programs shall be determined by the CSD and Contractor in consultation with the Moreno Valley Unified School District (MVUSD) and shall be aligned with the grant program requirements.

4. The program will operate during any combination of summer, intersession, or vacation periods.

5. The Contractor shall develop a program plan in consultation with the CSD and MVUSD, based on the grant application that was submitted by the City of Moreno Valley on behalf of the parties as co-applicants.

6. All staff members required to deliver grant-funded activities will be employed by the Contractor, including any credentialed teachers.

7. The Contractor shall provide all necessary staff training and supervision for the program.

8. The Contractor shall purchase any all required materials and supplies, including bussing and admission fees for field trips . Equipment and supplies purchased by the Contractor with ESSER III grant funds shall be owned by the CSD.

9. The Contractor shall provide cash or in-kind local funds for the amount of any match requirement, as determined by the award contract.

10. The Contractor shall be responsible for completing and submitting all grant - related reports to the CSD ten (10) days prior to the due dates established by the CDE.

11. The Contractor shall maintain and provide access to all records used in the preparation of above reports for a period of five (5) years after the completion of the activities for which the funds were used.

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Attachment: Agreement_Think Together_ESSER III FY22.23_Approved as to Form (6180 : AUTHORIZE SUBMISSION OF A GRANT 12 12. The Contractor shall collaborate with the CSD on governance, operational management, and evaluation of the program, and ensure participation at any governance and operations meetings.

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Attachment: Agreement_Think Together_ESSER III FY22.23_Approved as to Form (6180 : AUTHORIZE SUBMISSION OF A GRANT 13 EXHIBIT B
CSD – SERVICES TO BE PROVIDED TO CONTRACTOR

1. The CSD shall act as the lead fiscal and administrative agent with the CDE for operation of the ESSER III Summer Grant Program.

2. The CSD shall assist in coordinating with MVUSD, as a co-applicant for this supplemental funding program, to provide the Contactor access to school facilities, including classrooms, cafeteria, and playground areas, necessary to conduct the enhanced summer learning program activities.

3. The CSD shall submit all required reports for the ESSER III Summer Grant Program to the CDE in a timely manner and in compliance with stated deadlines.

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Attachment: Agreement_Think Together_ESSER III FY22.23_Approved as to Form (6180 : AUTHORIZE SUBMISSION OF A GRANT 14 EXHIBIT C

TERMS OF PAYMENT

1. The Contractor's compensation shall not exceed $ 57,000 based on final award amount from CDE. The City will retain $3,000 or 5% of the final award amount.

2. The Contractor’s compensation shall only be paid out of funds received by the CSD from CDE, and only up to the limits of this agreement.

3. 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 CSD. 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 penaltie s. Complete instructions for obtaining a City of Moreno Valley business license are located at:
https://moval.gov/departments/financial-mgmt-svcs/svc-biz-license.html

4. The Contractor will electronically submit monthly progress reports including attendance data and reimbursement requests/invoices to the CSD for enhanced summer learning services . The monthly packet shall include documentation evidencing services comp leted to date and documentation/backup for all expenditures incurred including receipts, invoices etc. The progress payment will be based on actual time and materials expended in furnishing authorized professional services since the last invoice. At no time will the CSD pay for more services than have been satisfactorily completed and the CSD ’s determination of the amount due for any progress payment shall be final. The Contractor will submit all original invoices to Accounts Payable staff at [email protected] and a copy to the CSD/Parks & Community Services Department staff at [email protected].

Accounts Payable questions can be directed to (951) 413-3073.

CSD/Parks & Community Services Department questions can be directed to:
(951) 413-3726.

5. The Contractor agrees that CSD payments wi ll 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 CSD . 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:
https://moval.gov/city_hall/forms.html

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Attachment: Agreement_Think Together_ESSER III FY22.23_Approved as to Form (6180 : AUTHORIZE SUBMISSION OF A GRANT 15 6. The minimum information required on all invoices is:

A. Vendor Name, Mailing Address, and Phone Number
B. Invoice Date
C. Vendor Invoice Number
D. CSD-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.

F. Backup documentation for all expenditures incurred including copies of pay st ubs, receipts, invoices, cancelled checks, general ledgers, bank statements or other documentation to show proof of payment and or expenditure incurred.

7. The CSD shall pay the Contractor for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.

8. Reimbursement for Expenses . Contractor shall not be reimbursed for any expenses unless authorized in writing by the CSD.

9. 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 CSD during normal business hours t o 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 five (5) years from the date of final payment under this Agreement.

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Report to City Council

ID#6199 Page 1
TO: Mayor and City Council

FROM: Steve Quintanilla, Interim City Attorney

AGENDA DATE: March 21, 2023

TITLE: ORDINANCE REGARDING CHANGES TO THE SCOPE OF
THE MAYOR’S ROLE, DUTIES AND RESPONSIBILITIES

RECOMMENDED ACTION

That the City Council:

1. Introduce and subsequently adopt Ordinance [next in order] revising the Mayor’s role, duties and responsibilities as discussed at the January 17, 2023 regular meeting and the March 14, 2023 study session.

BACKGROUND

In June 2022, the City Council unanimously adopted Ordinance No. 988, which described the role of the mayor and the mayor’s duties and responsibilities. The duties and responsibilities set forth in Ordinance No. 988 were derived from various sources, including various state code s, case law, Attorney General Opinions, legal treatises applicable to cities, the City’s “Rules of Procedure for Council Meetings and Related Functions and Activities” (“Rules of Procedure) and the “Standard Code of Parliamentary Procedure” (“Standard Code ”). It is important to note that the only the duties and responsibilities set forth in the state codes and other applicable legal authority cannot be change, while the duties and responsibilities derived from the Rules of Procedure and Standard Code can be repealed, amended, or maintained. The same applies to other provisions which are contained in Ordinance No. 988 which are not legally required and are thus purely discretionary.

At the January 17, 2023, Regular City Council Meeting, the City Council revi ewed proposed changes to Ordinance No. 988. At that time, no final action was taken, but the City Council directed staff to bring the item to a future meeting for further discussion of the revisions. Thereafter, the City Council reviewed the proposed chan ges at a Study H.1
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Session held on March 14. After discussion, staff was directed to place an ordinance on the March 21, 2023, City Council Regular Meeting Agenda.

The attached ordinance contains the proposed changes that were discussed at the Study Session.

ALTERNATIVES

The City Council has the following alternatives:

1. Approve the proposed changes to the mayor’s role, duties and responsibilities; or

2. Do not approve the proposed changes to the mayor’s role, duties and responsibilities.

FISCAL IMPACT

There is no fiscal impact.

NOTIFICATION

This staff report was made available for public review and inspection and posted on the City’s website at least 72 hours prior to the March 21, 2023, Regular City Council meeting.

PREPARATION OF STAFF REPORT

Prepared By: Concurred By:

Steven B. Quintanilla Steven B. Quintanilla
Interim City Attorney Interim City Attorney

CITY COUNCIL GOALS
Advocacy. Develop cooperative intergovernmental relationships and be a forceful advocate of City policies, objectives , and goals to appropriate external governments, agencies and corporations.

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

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

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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. Ordinance - Mayors Duties (03.16.23) BM SQ 2.14PM (no comments)

APPROVALS

Budget Officer Approval ✓ Approved . 3/16/23 4:37 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 3/16/23 4:46 PM H.1
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1 Ordinance No. 2023-xx
Date Adopted: _______ __, 2023
ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, AMENDING SECTION 2.04.007 (MAYOR’S
ROLE, DUTIES AND RESPONSIBILITIES) OF CHAPTER 2.04
(COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL)

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

WHEREAS, the City of Moreno Valley is governed by a legislative body known as the City Council, which consists of the Mayor and four District Councilmembers; and

WHEREAS, the Mayor is elected on a City -wide basis by the registered voters throughout the City, whereas the four District Councilmembers are each elected to represent a defined geographic area of the City known as a “District,” by the registered voters (residents) residing within the respective District; and

WHEREAS, the Districts are essentially neighborhood -based election districts, where registered voters (residents) within a given District are afforded a better opportunity to meet and have access to their District -elected Councilmembers in person, which means that District Councilmembers, as elected in the City of Moreno Valley, are specifically elected to primarily represent the interests of their Districts; and

WHEREAS, to balan ce the nature of such a District -based governing system in the City of Moreno Valley, the Mayor who is elected by the registered voters (residents) throughout the City (regardless of the District they reside in) is intended to ensure that there will always remain a jurisdiction-wide (a.k.a. “City-wide”) perspective on all issues presented to the City Council; and

WHEREAS, under State law, the Mayor serves as a member of the City Council and has all the powers and duties of a member of the City Council; and

WHEREAS, in order to establish clarity as to the Mayor’s official duties, responsibilities and obligations, the City Council seeks to memorialize the Mayor’s duties via the adoption of an ordinance that shall be codified in the Moreno Valley Municipal Code.

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

Section 1. Recitals

That the above recitals are true and correct and are incorporated herein by this reference.

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Date Adopted: _______ __, 2023

Section 2.

That Section 2.04.007 (Mayor’s Role, Duties and Responsibilities) of Chapter 2.04 (Council) of Title 2 (Administration and Personnel) shall be amended as follows:

2.04.007 Mayor’s role, duties and responsibilities.

The mayor’s role, duties and responsibilities shall include the following:

1. Serving as the primary liaison between the city and any other jurisdictions, unless otherwise designated by the mayor at any given time.

2. Serving as the primary liaison between the city and local civic organizations unless otherwise designated by the mayor at any given time.

3. 1. Serving as chairperson on the city’s disaster council.

4. 2. Serving as ambassador of the city for state and national agencies.

5. 3. Welcoming visiting dignitaries to the city

6. 4. Receiving all correspondence, telephone calls, emails or other forms of communications directed to the city's chief elected official or mayor, with copies or content of such communications simultaneously provided or conveyed to each council member whose district is affected, impacted or referenced in the subject communication, so that said council member(s) are afforded the opportu nity to respond accordingly to any requested actions in lieu of the mayor.

7. Serving as the primary spokesperson for the city on all matters affecting the city regardless of the affected district.

8. 5. Presiding over all press conferences on behalf of the city regarding issues affecting the entire city, unless otherwise designated by the mayor at any given time. This shall not preclude individual council members from presiding over press conferences regarding issues affecting their districts, even though the issues may affect other districts as well.

9. 6. Making public appearances on behalf of the entire city at special events, which shall not preclude council members from also making appearances at the same special event if the event takes place in their district outside of any of the Civic Center facilities or the event involves volunteers or participants from their districts.

10. Publicizing and promoting policies and other matters approved by the city council.

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Date Adopted: _______ __, 2023
11 7. Publicizing and promoting current city programs, services and special events

12. 8. Representing the city on the above matters and other matters of general concern to the city via the broadcast media , while permitting council members to engage with the broadcast media to represent their districts on any matters affecting their districts.

13. 9. Approving the issuance of city proclamations and signing all proclamations that have received confirmation of support by at least two council members a majority of the city council at a noticed public meeting of the city council or recommended by the city manager.

14. 10. Approving the issuance of plaques and signing them if necessary and feasible if approved by a majority of the city council at a noticed public meeting of the city council or recommended by the city manager.

15. 11. Approving and signing all letters of commen dation if approved by a majority of the city council at a noticed public meeting of the city council or recommended by the city manager.

16. 12. Signing all resolutions and ordinances.

17. 13. Signing contracts unless otherwise provided by city policy unless otherwise provided by city policy.

18. 14. Signing all city instruments requiring the city seal.

19. 15. Signing all warrants drawn on the city treasurer , unless otherwise provided by city policy.

20. 16. Approving monetary rewards if as recommended by a majority of the city council at a noticed public meeting of the city council. the police chief or city manager.

21. 17. Approving Selecting recipients eligible to receive a "key to the city," if recommended by a majority of the city council at a noticed public meeting of the city council.

22. 18. Approving Selecting recipients eligible to receive an "award of valor," if recommended by a majority of the city council at a noticed public meeting of the city council.

23. 19. Presenting all proclamations, plaques, letters of commendation, keys to the city and awards of valor unless the mayor designates or approves the H.1.a
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Date Adopted: _______ __, 2023
designation of a council member or other city official to make the subject presentation particular proclamation, plaque, letter of commendation, key to the city or award of valor is being presented to an individual who resides or a business that is physically located in a particular district and the council member of the respective district requests to make the presentation.

24. Ordering the suspension of normal bidding or purchasing requirements and allow for single and sole sourcing procurement, unless otherwise provided by applicable state law.

25. 20. Coordinating the performance evaluation process regarding the city manager, city attorney and city clerk.

26. Nominating the mayor pro tem subject to a majority vote of the entire membership of the city council.

27. 21. Designating a sufficient number of police officers to attend and keep order at any public meeting, if in the mayor’s opinion, a breach of the peace may occur.

28. 22. Requiring the sergeant -at-arms to carry out all orders given by the mayor for the purpose of maintaining order and decorum at any public meeting, consistent with applicable law.

29. 23. Ordering persons interrupting a public meeting to be seated or keep quiet and call for their arrest if the person does not comply . Providing a warning to anyone who is causing actual disruption to the meeting, and ordering their removal as authorized by GC Section 54957.95.

30. Requiring witnesses to be sworn at public hearings.

31. 24. Serving as presiding officer at all meetings of the city council and other legislative bodies solely consisting of members of the city council.

32. 25. Calling special meetings of the city council.

33. Approving special proceedings for joint meetings.

34. Approving all items on city council meeting agendas.

35. Approving the order of all agendas for city council meetings and meetings of other legislative bodies solely consisting of members of the city council.

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Date Adopted: _______ __, 2023

36. Designating the parliamentarian for city council meetings and meetings of other legislative bodies solely consisting of members of the city council.

37. 26. Appointing Nominating all members of city commissions, boards and committees based on recommendations submitted by each district council member to ensure that there is represent ation on each city commission, board and committee from each district, subject to approval of a majority vote of the entire membership of the city council. The mayor is authorized to nominate any additional members to any city commission, board or committee that already has a representative from each district who was recommended by the respective district council member.

38. 27. Appointing Nominating alternate members to commissions and boards subject to approval by majority of the city council.

39. 28. Making emergency appointments, subject to ratification by the city council at a subsequent special meeting or a regular meeting of the city council.

40. Screening applicants for the planning commission and holding interviews unless the mayor designates the duty to another member of the city council

41. Reviewing all board, commission or committee applications.

42. 29. Nominating persons to fill Filling special vacancies , subject to approval by the city council at a special meeting or a regular meeting of the city council.

43. Directing the city clerk to make a local appointments list.

44. 30. Establishing city council subcommittees and appointing all members to city council subcommittees , subject to approval by the city council at a special meeting or a regular meeting of the city council.

45. Excusing the city manager, city attorney or city clerk from attending city council meetings.

46. Preapproving all city -paid travel for any councilmember who intends to attend a meeting that has members of the city council as members of the legislative body presiding over the respective meeting, in situations wherein the subject councilmember does not officially serve on the subject legislative body.

47. Approving all censures of any councilmember who has committed any crimes of moral turpitude or violated any city policies or regulations, subject to a majority vote of the city council.

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Date Adopted: _______ __, 2023

31. The mayor may place items on any agenda in the context of a noticed public meeting of the city council in the same manner as the other council members are required to follow in order to place items on an agenda. If an item is placed on an agenda by either a majority of the city council during a noticed public meeting of the city council, or by the city manager, city attorney or city clerk, it shall remain on the agenda and not be subject to unilateral removal by the mayor outside the context of a noticed public meeting of the city council, subject to approval of a majority of the city council.

Section 3. Severability

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

Section 4. Repeal of Conflicting Provisions

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

Section 5. Effective Date

That this Ordinance shall take effect thirty (30) days after its second reading.

Section 6. Certification

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

APPROVED AND ADOPTED this ____ day of ______________ 2023.

_______________________________
Ulises Cabrera
Mayor
City of Moreno Valley

ATTEST:

____________________________________
Jane Halstead, City Clerk
H.1.a
Packet Pg. 664
Attachment: Ordinance - Mayors Duties (03.16.23) BM SQ 2.14PM (no comments) (6199 : ORDINANCE REGARDING CHANGES TO THE SCOPE 7 Ordinance No. 2023-xx
Date Adopted: _______ __, 2023

APPROVED AS TO FORM:

____________________________________
Steven B. Quintanilla, Interim City Attorney
H.1.a
Packet Pg. 665
Attachment: Ordinance - Mayors Duties (03.16.23) BM SQ 2.14PM (no comments) (6199 : ORDINANCE REGARDING CHANGES TO THE SCOPE

Moreno Valley City CouncilMarch 21, 2023

Moreno Valley City Council
March 21, 2023