Moreno Valley City Council
September 5, 2023

AGENDA

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF

THE CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

BOARD OF LIBRARY TRUSTEES

September 5, 2023

REGULAR MEETING – 6:00 PM
-1-

City Council Study Sessions
Second Tuesday of each month – 6:00 p.m.

City Council Meetings
Special Presentations – 5:30 P.M.

First & Third Tuesday of each month – 6:00 p.m.

City Council Closed Sessions
Will be scheduled as needed at 4:30 p.m.

City Hall Council Chamber – 14177 Frederick Street

Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities, in compliance with the Americans with Disabilities Act of 1990. Any person with a disability who re quires a modification or accommodation in order to participate in a meeting should direct such request to the ADA Coordinator, at 951.413.3 350 at least 72 hours before the meeting. The 72-hour notification will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Ulises Cabrera, Mayor

Edward A. Delgado, Mayor Pro Tem David Marquez, Council Member

Cheylynda Barnard, Council Member Elena Baca-Santa Cruz, Council Member ..

-2-
AGENDA

CITY COUNCIL OF THE CITY OF MORENO VALLEY
September 5, 2023

CALL TO ORDER - 5:30 PM

SPECIAL PRESENTATIONS

1. RECOGNITION OF THE INDEPENDENCE DAY PARADE AWARD WINNERS .
-3-
.AGENDA

JOINT MEETING OF THE

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

AND THE BOARD OF LIBRARY TRUSTEES

*THE CITY COUNCIL RECEIVES A SEPARATE STIPEND FOR CSD
MEETINGS*

REGULAR MEETING – 6:00 PM
SEPTEMBER 5, 2023

CALL TO ORDER

Joint Meeting of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency, Housing Authority and the Board of Library Trustees - actions taken at the Joint Meeting are those of the Agency indicated on each Agenda item.

PLEDGE OF ALLEGIANCE

INVOCATION
Father Christopher Navarro - St. Christopher's Catholic Church

ROLL CALL

INTRODUCTIONS

PUBLIC COMMENTS ON ANY SUBJECT NOT ON THE AGENDA UNDER THE

JURISDICTION OF THE CITY COUNCIL

PUBLIC COMMENTS ON ANY SUBJECT ON THE AGENDA UNDER THE

JURISDICTION OF THE CITY COUNCIL

JOINT CONSENT CALENDARS (SECTIONS A-E)
All items listed under the Consent Calendars, Sections A, B, C, D, and E are considered to be routine and non -controversial, and may be enacted by one motion unless a member of the City Council, Comm unity Services District, City as Successor Agency for the Community Redevelopment Agency, Housing Authority or the Board of Library Trustees requests that an item be removed for separate action. The motion to adopt the Consent Calendars is deemed to be a separate motion by each Agency and shall be so recorded by the City Clerk. Items withdrawn for report or discussion will be heard after public hearing items.
-4-

A. CONSENT CALENDAR-CITY COUNCIL
A.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT A N

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

A.2. MINUTES - CITY COUNCIL - CLOSED SESSION - AUGUST 15, 2023 4:00 PM.

Recommendation:

1. Approve as submitted.

A.3. MINUTES - CITY COUNCIL - REGULAR MEETING - AUGUST 15, 2023 6:00 PM.

Recommendation:

1. Approve as submitted.

A.4. LIST OF PERSONNEL CHANGES (Report of: Financial & Manageme nt Services)
Recommendation:

1. Ratify the list of personnel changes as described.

A.5. ACCEPT 2023 SCHOOLS AND LIBRARIES PROGRAM (E -RATE) FUNDING COMMITMENT FROM USAC (Report of: Parks & Community Services)
Recommendations: That the City Council and CSD:

1. Accept Funding Year 2023 Schools and Libraries Program (E -rate) funding from The Universal Service Administrative Company (USAC ); and

2. Authorize the Executive Director/City Manager and or the Parks & Community Services Director and or its design ee, to complete and submit required documentation, forms, reimbursement requests and other items related to this funding commitment; and

3. Authorize a budget adjustment in FY 23/24 for the City’s 15% match/share of cost for the E-rate program.

-5-
A.6. ACCEPT GRANT FUNDING FROM CA STATE LIBRA RY LSTA FY 23/24 FOR MOVAL GAMERS LAIR PROJECT (Report of: Parks & Community Services)
Recommendations: That the City Council and CSD:

1. Accept grant funding from the California State Library for the MoVal Gamers Lair pro ject in the amount of $69,042 in fe deral Library Services and Technology Act (LSTA) funds; and

2. Authorize the Executive Director/City Manager or its Authorized Representative, Parks & Community Services Director, or designee to submit required reports, pay ment claims and other application documents for LSTA funds; and

3. Authorize the Execu tive Director/City Manager to process a budget amendment and appropriation in the amount of $69,042 in FY 23/24; and

4. Authorize the Executive Director/City Man ager to enter into an agreement for services wit h Library Systems & Services (LS&S) to provide the MoVal Gamers Lair project in the amount of $69,042.

A.7. SUBMITTAL OF COMMUNITY RESILIENCE CENTERS PLANNING GRANT ROUND 1 APPLICATION FY 23/24 (Report of: Parks & Commu nity Services)
Recommendations: That the City Council and CSD:

1. Authorize the Execu tive Director or its Authorized Representative, Parks & Community Services Director, or designee to submit a grant application to the California Strategic Growth Council fo r the Community Resilience Centers (CRC) Planning Grant Round 1 funding.

A.8. APPROVE THE ACCEPTANCE OF CALIFORNIA ARREARAGE PAYMENT PROGRAM FUNDS FOR UTILITY BILL RELIEF (Report of: Public Works) Recommendations:

1. Approve Resolution 2023 -XX. A Resol ution of the City Council of the City of Moreno Valley, California, to accept the California Arrearage Payment Program (CAPP) funds; and

2. Authorize the City Manager to accept any future CAPP fund payments for Electric Utility bill relief.

A.9. APPROVE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, RATIFYING THE ATTESTATION OF -6-

VERACITY SUBMITTED TO THE CALIFORNIA ENERGY COMMISSION
FOR THE 2022 POWER SOURCE DISCLOSURE PROGRAM ANNUAL
REPORT (Report of: Public Works)
Recommendation:

1. Approve Resolution No. 2023 -XX. A Resolution of the City Council of the City o f Moreno Valley, California, Ratifying the Attestation of Veracity submitted to the California Energy Commission for the 2022 Power Source Disclosure Program Annual Report.

B. CONSENT CALENDAR-COMMUNITY SERVICES DISTRICT
B.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

B.2. MINUTES - CITY COUNCIL - CLOSED SESSION - AUGUST 15, 2023 4:00 PM.

Recommendation:

1. Approve as submitted.

B.3. MINUTES - CITY COUNCIL - REGULAR MEETING - AUGUST 15, 2023 6:00 PM.

Recommendation:

1. Approve as submitted.

B.4. PURSUANT TO L ANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY FACILITIES DISTRICT NO. 2021 -01 (PARKS
MAINTENANCE) - AMENDMENT NOS. 90, 93, 100, 102, 105, 108, and 110 - 113 (RESO. NOS. CSD 2023 -___ to CSD 2023 -__) (Report of: Financial & Management Services)
Recommendation:

1. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moren o Valley Community Facilities Distr ict No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amen dment No. 90) (Jose Guadalupe Guzman Plata and Gisela Morales, located at 12671 and 12673 Sunnymeadows Dr.).

-7-

2. Adopt Resolution No. CSD 2023-__, a Resolution of the Boa rd for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for sai d District (Amendment No. 93) (Moss San Bernardino Properties, located at the northwest corner of Eucalyptus Ave. and Auto Mall Dr.).

3. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Comm unity Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 100) ( Eduardo J. Pinzon, Marina C. Pin zon, and Jennifer Elizabeth Pinzon, located at 21236 Shakespeare Ct.).

4. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 102) (Angel Salgado Alvarez, located at 13669 Phyllis Ave.).

5. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Mor eno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the a mended map for said District (Amendment No. 105) ( Serrano Esther Living Rev Trust DTD 3/2 5/22 and Esther Serrano, located at 11910 Venetian Dr.).

6. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City o f Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amend ment No. 108) (LCG MVD, located at the northeast corner of Heacock St. and Hemlock Ave.).

7. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 110) (Eddie Gomez, located at 11129 Red Hill Rd.).

8. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for t he Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno -8-
Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approv ing the amended map for said Distri ct (Amendment No. 111) (James Taylor Suchy, located at 15864 Alisa Viejo Ct.).

9. Adopt Resolution No. CSD 2023-61, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 112) (13790 Mangowood Drive Land Trust and Kathryn L. Du rocher, located at 13788 and 13790 Mangowood Dr.).

10. Adopt Resolution No. CSD 2023-62, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of More no Valley Community Facilities Dist rict No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amend ment No. 113) (Juan O. Hernandez, located at 25596 Jonestown Dr.).

C. CONSENT CALENDAR - HOUSING AUTHORITY
C.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

C.2. MINUTES - CITY COUNCIL - CLOSED SESSION - AUGUST 15, 2023 4 :00 PM.

Recommendation:

1. Approve as submitted.

C.3. MINUTES - CITY COUNCIL - REGULAR MEETING - AUGUST 15, 2023 6:00 PM.

Recommendation:

1. Approve as submitted.

D. CONSENT CALENDAR - BOARD OF LIBRARY TRUSTEES
D.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.
-9-
D.2. MINUTES - CITY COUNCIL - CLOSED SESSION - AUGUST 15, 2023 4:00 PM.

Recommendation:

1. Approve as submitted.

D.3. MINUTES - CITY COUNCIL - REGULAR MEETING - AUGUST 15, 2023 6:00 PM.

Recommendation:

1. Approve as submitted.

E. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY
E.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

E.2. MINUTES - CITY COUNCIL - CLOSED SESSION - AUGUST 15, 2023 4:00 PM.

Recommendation:

1. Approve as submitted.

E.3. MINUTES - CITY COUNCIL - REGULAR MEETING - AUGUST 15, 2023 6:00 PM.

Recommendation:

1. Approve as submitted.

F. PUBLIC HEARINGS
Questions or comments from the public on a Public Hearing matter are limited to five minutes per individual and must pertain to the subject under consideration.

Those wishing to speak should complete and submit a GOLDENROD speaker slip to the Sergeant-at-Arms.

F.1. GATEWAY HEIGHTS 10 8 UNIT CONDOMINIUM PROJECT (Report of:

Community Development)
Recommendations: That the City Council:
-10-

1. ADOPT Resolution 2023-XX:

1. CERTIFYING the Initial Study/Mitigated Negative Declaration prepared for the Proposed Projec t consisting of General Plan Amendment (PEN20 -0095), Change of Zone (P EN20-0096),
Tentative Tract Map 38459 (PEN22 -0127) and Conditional Use Permit (PEN21-0066); and

2. ADOPTING the Mitigation Monitoring and Reporting Program prepared for the Mitigated Negative Declaration; and

2. ADOPT Resolution 2023-XX:

1. APPROVING General Plan Amendment (PEN20-0095), Change of Zone (PEN20 -0096), Tentative Tract Map 38459 (PEN22 -0127) and Conditional Use Permit (PEN21-0066); and

3. INTRODUCE Ordinance No. [next in order]:

1. Approving Change of Zone (PEN20 -0096) and corresponding amendment to the City’s Zoning Atlas.

F.2. APPEAL (PAA23 -0007) OF PLANNING COMMISSION APPROVAL OF MASTER PLOT PLAN (PEN21 -0289), PLOT PLANS (PEN23 -0081, PEN23- 0082, AND PEN23 -0083), CONDITIONAL USE PERMI TS (PEN20 0110, PEN20 0111, AND PEN 20 0112), AND TENTATIVE PARCEL MAP NO. 37942 (PEN21 -0288) FOR THE DEVELOPMENT OF AN 8.4 -ACRE COMMERCIAL CENTER AND THE PROPOSED PROJECT’S RELATED
MITIGATED NEGATIVE DECLARATION (Report of: Community
Development)
Recommendations: That the City Council:

A. ADOPT Resolution No. 2023-__ attached hereto:

1. DENYING Appeal PAA23 -0007 upholding the Planning
Commission’s approval of the Proposed Project which consists of Plot Plan (PEN21 -0289), Plot Plans (PEN23 -0081, PEN23 -0082, and PEN23 -0083), Conditional Use Permit s (PEN20 -0110, PEN20-0111, and PEN2 0-0112), and Tentative Parcel Map No. 37942 (PEN21-0288); and
B. ADOPT Resolution No. 2023-__ attached hereto:

1. AFFIRMING the Planning Commission’s certification and approval of the P roposed Project’s Initial Study/Mitig ated Negative Declaration and Mitigation Monitoring and Reporting Program.

F.3. ADOPTION OF COUNTY ORDINANCES NUMBERS 523 AND 640

REGARDING CONTROL OF VECTORS AND ESTABLISHING
-11-
ENVIRONMENTAL HEALTH SERVICES FEES AND PENALTIES (ORD. NO.

XXX), AND FINDING T HE ACTION EXEMPT FROM CEQA (Report of:

Community Development)

Recommendations: That the City Council:

1. Introduce and conduct first reading of Ordinance No. XXX , amending Title 6 of the City of Moreno Valley Municipal Co de, adding Chapter

6.16, adopting by reference Riverside County Ordinan ce No. 523; and amending Title 3 of the City of Moreno Valley Municipal Code, adding Chapter 3.52, adopting by reference Riverside County Ordinance No. 640.

2. Schedule a public hearing to receive public input regarding adoption of Ordinance No. XXX on October 3 , 2023, and consider adoption of Ordinance No. XXX upon conclusion of said public hearing.

3. Find the action exempt from California Environmental Quality Act (CEQA) pursuant to 15061(b)(3) of CEQA Guidelines.

F.4. MUNICIPAL CODE AMENDMENTS TO MODIFY PRO VISIONS IN TITLE 8, SECTION 8.21.020 – PERMITS REQUIRED AND SECTION 8.21.160 – EROSION CONTROL (Report of: Public Works)
Recommendations:

1. Conduct a Public Hearing on proposed amendmen ts to Section

8.21.020 and Section 8 .21.160 of Title 8 of the City of M oreno Valley Municipal Code.

2. Introduce Ordinance No. XXX, an Ordinance of the City Council of the City of Moreno Valley, California, thereby amending the City of Moreno Valley Municipal Code Section 8.21.020 and Section 8.21.160 related to development grading regulations.

3. Set the second reading and adoption of the Ordinance for the next regularly scheduled Council Meeting on October 3, 2023.

G. ITEMS REMOVED FROM CONSENT CALENDARS F OR DISCUSSION OR

SEPARATE ACTION

H. GENERAL BUSINESS
H.1. APPROVE REVI SING POLICY 3.06 TRAVEL & RELATED BUSINESS

EXPENSES (ELECTED OFFICIALS) TO ENHANCE THE TRANSPARENCY REPORTING (Report of: City Manager)
-12-
Recommendation:

1. Approve revising Policy 3.06 TRAVEL AND RELATED BUSINESS EXPENSES (ELECTED OFFICIALS) to include ad ditional
transparency requirements for the reporting of the travel and training forms.

I. REPORTS
I.1. CITY COUNCIL REPORTS
(Informational Oral Presentation - not for Council action) March Joint Powers Commission (JPC)
Riverside County Habitat Conservation Agency (RCHCA)
Riverside County Transportation Commission (RCTC)
Riverside Transit Agency (RTA)
Western Riverside Council of Governments (WRCOG)
Western Riverside County Regional Conservation Authority (RCA) School District/City Joint Task Force
I.2. EMPLOYEE ASSOCIATION REPORTS
I.3. CITY MANAGER'S REPORT
(Informational Oral Presentation - not for Council action)

CLOSING COMMENTS AND/OR REPORTS OF THE CITY COUNCIL, COMMU NITY

SERVICES DISTRICT, CITY AS SUCC ESSOR AGENCY FOR THE COMMUNITY

REDEVELOPMENT AGENCY, HOUSING AUTHORITY, PUBLIC FINANCING AUTHORITY, AND THE BOARD OF LIBRARY TRUSTEES.

ADJOURNMENT

PUBLIC INSPECTION
The contents of the agenda packet are available for pub lic inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

Any written information related to an open session agenda item that is known by the City to have been distributed to all or a majority of the City Cou ncil less than 72 hours prior to this meeting will be made available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal -13-
business hours.

..

CERTIFICATION
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, certify that 72 hours prior to this Regular Meeting, the City Council Agenda was posted on the City’s website at: www.moval.org and in the following three public plac es pursuant to City of Moreno Valley Resolution No. 2007-40:

City Hall, City of Moreno Valley
14177 Frederick Street

Moreno Valley Library
25480 Alessandro Boulevard

Moreno Valley Senior/Community Center
25075 Fir Avenue

Jane Halstead, CMC
City Clerk

Date Posted: 8/31/2023

-1-

MINUTES

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

MORENO VALLEY HOUSING AUTHORITY

CLOSED SESSION – 4:00 PM
August 15, 2023

CALL TO ORDER

The Closed Session of the City Council of the City of Moreno Valley, Moreno Valley Community Services District, City as Successor Agency for the Community Redevelopment Agency of the City of More no Valley, Housing Authority, and the Moreno Valley Public Financing Authority was called to order at 4: 00 p.m. by Mayor Cabrera in the Council Chamber located at 14177 Frederick Street, Moreno Valley, California.

Mayor Cabrera announced that the City Co uncil receives a separate stipend for CSD meetings.

ROLL CALL

Council: Ulises Cabrera
Ed Delgado
David Marquez
Cheylynda Barnard
Elena Baca-Santa Cruz

Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member

PUBLIC COMMENTS ON MATTERS ON THE AGENDA ONLY

Mayor Cabrera opened the public comments portion of the meeting for items listed on the agenda only.

Roy Bleckert

1. Transparency.

Pete Bleckert
A.2
Packet Pg. 14
Minutes Acceptance: Minutes of Aug 15, 2023 4:00 PM (CONSENT CALENDAR-CITY COUNCIL) -2-

1. Transparency.

Louise Palomarez

1.Transparency.

CLOSED SESSION

City Attorney Quintanill a announced that the City Council would recess to Closed Session to discuss the item as listed on the agenda and that he cannot predict whether there will be closed session announcements tonight.

A CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9
Case Name: Sierra Club et al. v. City of Moreno Valley
Case No.: Riverside County Superior Court Case No. CVR12103300

Mayor Cabrera recessed the City Council to the City Manager's Conference Room, second floor, City Hall, for their Closed Session at 4:03 p.m.

Mayor Cabrera reconvened the City Council in the Council Chamber from their Closed Session at 5:54 p.m

REPORT OF ACTION FROM CLOSED SESSION, IF ANY, BY CITY ATTORNEY City Attorney Steve Quintanilla reported in regard to Item A; Mayor Cabrera, Mayor Pro Tem Delgado, Council Member Baca-Santa Cruz, Council Member Marquez, and Council Member Barnard voted to reject the latest settlement proposal submitted to the City by the California Attorney General's Office and the Sierra Club.

ADJOURNMENT

There being no further business to come before the City Council, Mayor Cabrera adjourned the meeting at 5:55 p.m.

A.2
Packet Pg. 15
Minutes Acceptance: Minutes of Aug 15, 2023 4:00 PM (CONSENT CALENDAR-CITY COUNCIL) -3-
Submitted by:

___________________________
Jane Halstead, CMC
City Clerk
Secretary, Moreno Valley Community Services District
Secretary, City as Successor Agency for the Community
Redevelopment Agency of the City of Moreno Valley
Secretary, Moreno Valley Housing Authority
Secretary, Board of Library Trustees
Secretary, Public Financing Authority

Approved by:

___________________________
Ulises Cabrera
Mayor
City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
A.2
Packet Pg. 16
Minutes Acceptance: Minutes of Aug 15, 2023 4:00 PM (CONSENT CALENDAR-CITY COUNCIL)

MINUTES

CITY COUNCIL REGULAR MEETING OF THE CITY OF MORENO VALLEY August 15, 2023
-1-
CALL TO ORDER - 5:30 PM

SPECIAL PRESENTATION - NONE
A.3
Packet Pg. 17
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -2-

MINUTES

JOINT MEETING OF THE

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

BOARD OF LIBRARY TRUSTEES
REGULAR MEETING – 6:00 PM
August 15, 2023

CALL TO ORDER
The Joint Meeting of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley, Moreno Valley Housing Authority, Moreno Valley Public Financing Authority and the Board of Library Trustees was called to order at 6:00 p.m. by Mayor Cabrera in the Council Chamber located at 14177 Frederick Street.

Mayor Cabrera announced that the City Council receives a separate stipend for CSD meetings.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Cabrera.

INVOCATION
The invocation was given by Pastor Mark Orellana of Victory Outreach Church.

ROLL CALL
Council: Ulises Cabrera Mayor
Ed Delgado Mayor Pro Tem
Elena Baca-Santa Cruz Council Member
David Marquez Council Member
Cheylynda Barnard Council Member
A.3
Packet Pg. 18
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -3-

INTRODUCTIONS
Staff: Jane Halstead Manager of the Office of the Mayor and City Council/City Clerk
Patty Rodriguez Senior Deputy City Clerk
Steven Quintanilla Interim City Attorney
Mike Lee City Manager
Brian Mohan Assistant City Manager, Chief Financial
Officer, City Treasurer
Melissa Walker Public Works Director/City Engineer
Jeremy Bubnick Parks and Community Services Director
Ken Reichle Chief of Police
Jesse Park Fire Chief

PUBLIC COMMENTS ON ANY SUBJECT NOT ON THE AGENDA UNDER THE

JURISDICTION OF THE CITY COUNCIL

RUSSELL SHAFER

1. Critical of Mayor Cabrera.

RANDOLPH MUNOZ

1. Firework Citations.

BOB PALOMAREZ

1. SBX Project comments.

JERRY SHEARER

1. Riverside Neighbors Opposing Warehouses, Concerns.

DARYL TERRELL

1. Potential Solution to Homelessness.

ANDREW SILVA

1. Riverside Neighbors Opposing Warehouses, Concerns.

JUANA AVILA

1. Homeowner issues.

LOUISE PALOMAREZ

1. Critical of Mayor Cabrera.

A.3
Packet Pg. 19
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -4-

ROY BLECKERT

1. Public Safety.

PETE BLECKERT

1. Edgemont Issues.

CHRISTOPHER BACA

1. Public Safety.

PUBLIC COMMENTS ON MATTERS ON THE AGENDA
Mayor Cabrera asked Council if there were any items they would like pulled for separate action.

Council Member Baca-Santa Cruz stated she would like move items A.6 and A.7 for separate action.

Public comment was called.

Roy Bleckert A.5

1. Critical of California League of Cities.

Public comment was heard.

JOINT CONSENT CALENDARS (SECTIONS A-E)
Mayor Cabrera entertained a motion to approve the consent calendar, excluding items A.6 and A.7.

Motion made by Council Member Marquez and seconded by Mayor Pro Tem Delgado to approve the consent calendar excluding items A.6 and A.7.

Motion passed by a vote of 5-0, with Council Member Baca-Santa Cruz, Council Member Marquez, Council Member Barnard, Mayor Pro Tem Delgado, and Mayor Cabrera voting yes.

RESULT: APPROVED [UNANIMOUS]
MOVER: David Marquez, Council Member
SECONDER: Ed Delgado, Mayor Pro Tem
AYES: Cabrera, Delgado, Marquez, Barnard, Baca-Santa Cruz A. CONSENT CALENDAR-CITY COUNCIL
A.3
Packet Pg. 20
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -5-
A.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

A.2. City Council - Closed Session - Jun 20, 2023 4:30 PM Recommendation:

1. Approve as submitted.

A.3. City Council - Regular Meeting - Jun 20, 2023 6:00 PM Recommendation:

1. Approve as submitted.

A.4. City Council - Special Meeting - Jul 9, 2023 12:00 PM Recommendation:

1. Approve as submitted.

A.5. APPOINT A VOTING DELEGATE AND ALTERNATE DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES (LOCC) 2023 - ANNUAL CONFERENCE BUSINESS MEETING (Report of: City Clerk)
Recommendation:

1. ADOPT RESOLUTION NO. 2023-55– A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA,

APPOINTING DELEGATES AND AN ALTERNATE TO THE LEAGUE

OF CALIFORNIA CITIES AS OFFICIAL REPRESENTATIVES OF
THE CITY OF MORENO VALLEY; and

2. DIRECT STAFF TO SUBMIT TO THE LEAGUE A CERTIFIED COPY

OF THE RESOLUTION APPOINTING MAYOR ULISES CABRERA
AS THE DELEGATE AND MAYOR PRO TEM EDWARD A.

DELGADO AS THE ALTERNATE BY AUGUST 28, 2023.

A.6. Item Pulled from Consent
A.7. Item Pulled from Consent
A.8. ACCEPT DONATION FROM THE MARCH JOINT POWERS AUTHORITY TO BE USED FOR A VETERAN'S DAY ART CONTEST/SHOW (Report of:

Parks & Community Services)
A.3
Packet Pg. 21
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -6-
Recommendation:

1. Accept a donation in the amount of $5,000 from the March Joint Powers Authority to be used in a specified manner for a Veteran’s Day Art Contest/Show as requested by the Donor.

A.9. PAYMENT REGISTER - MAY 2023 (Report of: Financial & Management Services)
Recommendation:

1. Receive and file the Payment Register.

A.10. PAYMENT REGISTER - JUNE 2023 (Report of: Financial & Management Services)
Recommendation:

1. Receive and file the Payment Register.

A.11. LIST OF PERSONNEL CHANGES (Report of: Financial & Management Services)
Recommendation:

1. Ratify the list of personnel changes as described.

A.12. APPROVE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, AUTHORIZING SUBMITTAL OF

APPLICATION(S) FOR ALL CALRECYCLE PAYMENT

PROGRAMS/GRANTS FOR WHICH THE CITY OF MORENO VALLEY IS
ELIGIBLE (Report of: Financial & Management Services)
Recommendations:

1. Adopt Resolution No. 2023-56 - A Resolution of the City Council of the City of Moreno Valley, California, approving the submittal of applications for all CalRecycle grants for which the City of Moreno Valley is eligible.

A.13. RECEIPT OF QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2023 (Report of: Financial & Management Services) Recommendation:

1. Receive and file the Quarterly Investment Report for quarter ended June 30, 2023, in compliance with the City’s Investment Policy.

A.3
Packet Pg. 22
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -7-
A.14. RESOLUTION OF THE CITY OF MORENO VALLEY SERVING AS THE

SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT

AGENCY OF THE CITY OF MORENO VALLEY APPROVING THE

AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE
PERIOD OF JANUARY 1, 2024 THROUGH JUNE 30, 2024 (ROPS 23-24B) (Report of: Financial & Management Services)
Recommendations: That the City Council as Successor Agency:

1. Adopt Resolution No. SA 2023-05. A Resolution of the City Council of the City of Moreno Valley, California, Serving as Successor Agency to the Community Redevelopment Agency of the City of Moreno Valley Approving the Amended Recognized Obligation Payment Schedule for the Period of January 1, 2024 through June 30, 2024 (ROPS 23-24B), and Authorizing the City Manager acting for the Successor Agency or his/her Designee to Make Modifications Thereto.

2. Authorize the City Manager acting for the Successor Agency or his/her Designee to make modifications to the Schedule.

3. Authorize the transmittal of the ROPS 23-24B, for the period of January 1, 2024 through June 30, 2024, (“Exhibit A”) to the Countywide Oversight Board, for County of Riverside, for review and approval.

A.15. ACCEPT GRANT FUNDING FROM THE INLAND SOCAL CREATIVE

CORPS A COMPONENT FUND AT THE INLAND EMPIRE COMMUNITY
FOUNDATION FOR MY MOVAL MURAL PROJECT (Report of: Parks & Community Services)
Recommendations: That the City Council and CSD:

1. Authorize the City Manager/Executive Director or its Authorized Representative, Parks & Community Services Director, or designee to accept grant award from the Inland SoCal Creative Corps a Component Fund at the Inland Empire Community Foundation for my MoVal Mural Project in the amount of $70,000 in FY 23/24; and

2. Authorize the City Manager/Executive Director or designee to process necessary budget adjustments and appropriations in FY 23/24 for the grant award funds received.

3. Authorize the Parks and Community Services Director to move the mural locations if any of the primary locations are not viable for any reason.

A.3
Packet Pg. 23
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -8-
A.16. AUTHORIZE SUBMISSION OF GRANT APPLICATION TO CA DEPT OF TRANSPORTATION FOR FUNDING UNDER FTA SECTION 5310 (Report of: Parks & Community Services)
Recommendations: That the City Council and CSD:

1. Authorize the Executive Director or its Authorized Representative, Parks & Community Services Director, or designee to submit a grant application to the California Department of Transportation for funding under the Federal Transit Administration under Section 5310 of the Federal Transit Act (FTA C 9070.1G) for the acquisition of an ADA accessible vehicle and related equipment and programming costs necessary to transport seniors and individuals with disabilities; and

2. Adopt Resolution No. CSD 2023-65. A resolution of the Moreno Valley Community Services District of the City of Moreno Valley, California, approving submission of an application to the California Department of Transportation for funding under FTA Section 5310; Approving coordination and implementation of the awarded project; Authorizing a designated representative to file and execute applications on behalf of the City/CSD, execute and file all certification of assurances, contracts or agreements or any other document required by the California Department of Transportation, provide additional information in connection with the application for the Section 5310 projects, and submit and approve request for reimbursement of funds for Section 5310 project/s.

3. Authorize the City Manager/Executive Director or designee to process necessary budget adjustments and appropriations in FY 23/24 if the CSD is successful and awarded grant funds.

A.17. REQUEST FOR CITY SPONSORSHIP OF SOUTHWEST VETERANS' BUSINESS RESOURCE CENTER ANNUAL SUMMIT (Report of: Parks & Community Services)
Recommendations:

1. Approve a request for sponsorship funds by the Southwest Veterans’ Business Resource Center (SVBRC) based on criteria prescribed in the City’s Sponsorship Policy and prior Council approvals.

2. Approve a sponsorship greater than the limit of $2,500 as set forth in the General management Policy No. 2.13, City Sponsorship Policy, Section V Sponsorship Amounts.

A.18. APPROVAL OF UPDATED SCHEDULE FOR COMMUNITY DAY OF SERVICE EVENTS (Report of: Parks & Community Services)
A.3
Packet Pg. 24
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -9-
Recommendation:

Approve the recommended updated schedule of Community Day of Service events.

A.19. PEN19-0007 – ADOPTION OF THE PROPOSED RESOLUTION FOR THE

SUMMARY VACATION OF A SOUTHERLY PORTION OF BRODIAEA
AVENUE LOCATED EAST OF LASSELLE STREET. DEVELOPER: VILLA ANNETTE LP. (Report of: Public Works)
Recommendations:

1. Adopt Resolution No. 2023-57. A Resolution of the City Council of the City of Moreno Valley, California, Ordering the Summary Vacation of a Southerly Portion of Brodiaea Avenue Located East of Lasselle Street.

2. Direct the City Clerk to certify said resolution and transmit a copy of the resolution to the County Recorder’s office for recording.

A.20. APPROVE THE THIRD AMENDMENT TO THE AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES WITH WSP USA INC FOR

THE SUNNYMEAD MASTER DRAINAGE PLAN STORM DRAIN LINE F
STAGE 5 AND LINE F-7 STAGE 1, PROJECT NO. 804 0008 (Report of:

Public Works)
Recommendations:

1. Approve the Third Amendment to the Agreement for Professional Consultant Services with WSP USA Inc (WSP USA) to perform additional services as required by Riverside County Flood Control and Water Conservation District (RCFC&WCD) to complete the Final Design, Environmental Clearance, and Right-of-Way Documentation for the Sunnymead Master Drainage Plan Line F and Line F-7 Stage 1 project, funded with Federal Emergency Management Agency Hazard Mitigation Grant Program (FEMA HMGP) Funds and
RCFC&WCD Master Drainage Plan Fees;

2. Authorize the City Manager to execute the Third Amendment to Agreement for Professional Consultant Services with WSP USA for the Sunnymead Master Drainage Plan Line F and Line F-7 Project, subject to the approval by the City Attorney;

3. Authorize an amendment to the existing Purchase Order with WSP USA in the amount of $124,255 for a new total purchase order not-to- exceed amount of $603,970 once the Third Amendment has been signed by all parties;
A.3
Packet Pg. 25
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -10-

4. Authorize an amendment to the Agreement termination date, extending the termination date from December 31, 2023 to December 31, 2024; and

5. Authorize the City Manager to execute any subsequent Amendments to the Agreement with WSP USA within City Council approved annual budgeted amounts, including the authority to authorize the associated purchase orders in accordance with the terms of the Agreement, subject to approval by the City Attorney.

A.21. ACCEPTANCE OF RIVERSIDE COUNTY TRANSPORTATION

COMMISSION MEASURE A REGIONAL ARTERIAL FUNDING AND

APPROVAL OF THE FOURTH AMENDMENT TO THE AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES WITH MICHAEL BAKER

INTERNATIONAL FOR THE INDIAN STREET / CARDINAL AVENUE
BRIDGE (OVER LATERAL A), PROJECT NO. 802 0004 (Report of: Public Works)
Recommendations:

1. Accept and approve funding in the amount of $750,000.00 in Measure A Regional Arterial (MARA) funds from the Riverside County Transportation Commission (RCTC) for the Indian Street / Cardinal Avenue Bridge (Over Lateral A) Project;

2. Authorize the City Manager to execute RCTC Funding Agreement No. 23-72-099-00, and any subsequent amendments, subject to the City Attorney review and approval;

3. Authorize a budget adjustment as set forth in the Fiscal Impact section of this report;

4. Authorize the City Manager to execute the Fourth Amendment to Agreement for Professional Consultant Services with Michael Baker International for the Indian Street / Cardinal Avenue Bridge Project, subject to the approval by the City Attorney;

5. Authorize an amendment to the existing Purchase Order with Michael Baker International in the amount of $745,248 for a new total purchase order not-to-exceed amount of $1,395,248 once the Fourth Amendment has been signed by all parties; and

6. Authorize the City Manager to execute any subsequent Amendments to the Agreement with Michael Baker International within City Council approved annual budgeted amounts, including A.3
Packet Pg. 26
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -11-
the authority to authorize the associated purchase orders in accordance with the terms of the Agreement, subject to the approval of the City Attorney.

B. CONSENT CALENDAR-COMMUNITY SERVICES DISTRICT
B.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

B.2. MINUTES - CITY COUNCIL - CLOSED SESSION - JUNE 20, 2023 4:30 PM. (SEE ITEM A.2.)
Recommendation: Approve as submitted.

B.3. MINUTES - CITY COUNCIL - REGULAR MEETING - JUNE 20, 2023 6:00 PM (SEE ITEM A.3.)
Recommendation: Approve as submitted.

B.4. MINUTES - CITY COUNCIL - SPECIAL MEETING - JUL 9, 2023 12:00 PM Recommendation:

1. Approve as submitted.

C. CONSENT CALENDAR - HOUSING AUTHORITY
C.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

C.2. MINUTES - CITY COUNCIL - CLOSED SESSION - JUNE 20, 2023 4:30 PM. (SEE ITEM A.2.)
Recommendation: Approve as submitted.

C.3. MINUTES - CITY COUNCIL - REGULAR MEETING - JUNE 20, 2023 6:00 PM. (SEE ITEM A.3.)
Recommendation: Approve as submitted.

C.4. MINUTSE - CITY COUNCIL - SPECIAL MEETING - JUL 9, 2023 12:00 PM Recommendation:

A.3
Packet Pg. 27
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -12-

1. Approve as submitted.

D. CONSENT CALENDAR - BOARD OF LIBRARY TRUSTEES
D.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

D.2. MINUTES - CITY COUNCIL - CLOSED SESSION - JUNE 20, 2023 4:30 PM. (SEE ITEM A.2.)
Recommendation: Approve as submitted.

D.3. MINUTES - CITY COUNCIL - REGULAR MEETING - JUNE 20, 2023 6:00 PM. (SEE ITEM A.3.)
Recommendation: Approve as submitted.

D.4. MINUTES - CITY COUNCIL - SPECIAL MEETING - JUL 9, 2023 12:00 PM Recommendation:

1. Approve as submitted.

E. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY
E.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

E.2. MINUTES - CITY COUNCIL - CLOSED MEETING - JUNE 20, 2023 4:30 PM. (SEE ITEM A.2.)
Recommendation: Approve as submitted.

E.3. MINUTES - CITY COUNCIL - REGULAR MEETING - JUNE 20, 2023 6:00 PM. (SEE ITEM A.3.)
Recommendation: Approve as submitted.

E.4. MINUTES - CITY COUNCIL - SPECIAL MEETING - JUL 9, 2023 12:00 PM Recommendation:

A.3
Packet Pg. 28
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -13-

1. Approve as submitted.

F. PUBLIC HEARINGS - NONE
G. ITEMS REMOVED FROM CONSENT CALENDARS FOR DISCUSSION OR

SEPARATE ACTION
G.1. MAYORAL APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS (Report of: City Clerk)
Recommendation:

1. Receive and confirm the slate of Mayoral Appointments as follows.

Mayor Cabrera called for Council questions of staff.

With no Council questions of staff, Mayor Cabrera called for public comments to be heard.

Public comments were heard.

VONZETTA FIELDING A.6

1. Support Dr. Mary McBean.

NICOLE TAYLOR A.6

1. Introduction.

RYLEE PEAK A.6

1. Introduction.

DARYL TERRELL A.6

1. Introduction.

JESUS ALEMAN A.6

1. Support Genevieve Aleman.

MIGUEL CHAVEZ A.6

1. Support Genevieve Aleman.

A.3
Packet Pg. 29
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -14-
PATRICK BARWINSKI A.6

1. Support Genevieve Aleman.

SAMMIE LUNA A.6

1. Support Genevieve Aleman.

DEBORAH HARRIS A.6

1. Support Dr. Mary McBean.

ROGER POWELL A.6

1. Support Genevieve Aleman.

BERNICE JOHNSON A.6

1. Support Dr. Mary McBean.

ROY BLECKERT A.6,

1. Planning Commission Concerns.

BYRON PORTILLO A.6

1. Support Genevieve Aleman.

ANTONIO MARTINEZ A.6

1. Support Genevieve Aleman.

DONOVAN MORENO A.6

1. Support Genevieve Aleman.

MITZI ARCHER A.6

1. Introduction.

DR. JENIFFER CARSON A.6

1. Introduction.

CHRISTOPHER BACA A.6

1. Support Genevieve Aleman.

2. Planning Commission Concerns.

A.3
Packet Pg. 30
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -15-
LOUISE PALOMAREZ A.6

1. Planning Commission Concerns.

BOB PALOMAREZ A.6

1. Planning Commission Concerns.

LINDSAY ROBINSON A.6

1. Planning Commission Concerns.

With the conclusion of public comments, Council deliberation was called.

Council Member Baca-Santa Cruz, Mayor Pro Tem Delgado, Council Member Marquez, Mayor Cabrera, and Council Member Barnard deliberated on the item.

Council Member Baca-Santa Cruz made a motion to approve the Mayoral Appointments with one amendment, making Nicole Taylor a regular member and Erlan Gonzalez an alternate member of the Planning Commission. The motion was seconded by Mayor Pro Tem Delgado.

Mayor Cabrera proposed an alternate motion to approve the Mayoral Appointments as presented, with Council Member Marquez
seconding the motion.

Interim City Attorney Steven Quintanilla provided clarification and stated the City Council must first vote on the alternate motion.

Motion made by Mayor Cabrera and seconded by Council
Member Marquez to approve the Mayoral Appointments as is.

Motion passed by a vote of 3-2, with Council Member Marquez, Council Member Barnard, and Mayor Cabrera voting yes, and Council Member Baca-Santa Cruz and Mayor Pro Tem Delgado voting no.

Mayor Cabrera called for a short recess at 7:54PM.

The City Council Meeting resumed at 8:05 PM.

RESULT: APPROVED [3 TO 2]
MOVER: Ulises Cabrera, Mayor
SECONDER: David Marquez, Council Member
AYES: Ulises Cabrera, David Marquez, Cheylynda Barnard
NAYS: Ed Delgado, Elena Baca-Santa Cruz

G.2. COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2022/2023 FROM JULY 1, 2022 THROUGH JUNE 30, 2023. (Report of: City Clerk)
Recommendation:

1. Receive and file the Fiscal Year 2022/2023 Council Discretionary Expenditure Report for July 1, 2022 through June 30, 2023.

Mayor Cabrera called for Council questions of staff.

Council Member Baca-Santa Cruz had questions for staff.

City Clerk Jane Halstead and Assistant City Manager Brian Mohan responded to Council Member Baca-Santa Cruz's inquiries.

With no additional Council questions of staff, Mayor Cabrera called for public comments to be heard.

ROY BLECKERT A.7

1. Concerns.

LOUISE PALOMAREZ A7

1. Concerns.

Public comments were heard.

Mayor Cabrera called for Council deliberation.

Council Member Barnard asked a question of staff.

Assistant City Manager Brian Mohan responded to Council Member Barnard's inquiry.

Motion made by Mayor Cabrera and seconded by Council
Member Baca-Santa Cruz to direct staff to return on 9/5 revising the travel and training expense policies to add additional transparency in a monthly report for Council approval similar to A.3
Packet Pg. 31
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -16-
the Discretionary reporting.

Motion passed by a vote of 5-0, with Council Member Baca-Santa Cruz, Council Member Marquez, Council Member Barnard, Mayor Pro Tem Delgado, and Mayor Cabrera voting yes.

RESULT: APPROVED [UNANIMOUS]
MOVER: Ulises Cabrera, Mayor
SECONDER: Elena Baca-Santa Cruz, Council Member
AYES: Cabrera, Delgado, Marquez, Barnard, Baca-Santa Cruz With the conclusion of Council deliberation, Mayor Cabrera entertained a motion.

Motion made by Mayor Pro Tem Delgado and seconded by
Council Member Baca-Santa Cruz to approve the Council
Discretionary Expenditure Reports for fiscal year 2022/2023.

Motion passed by a vote of 5-0, with Council Member Baca-Santa Cruz, Council Member Marquez, Council Member Barnard, Mayor Pro Tem Delgado, and Mayor Cabrera voting yes.

RESULT: APPROVED [UNANIMOUS]
MOVER: Ed Delgado, Mayor Pro Tem
SECONDER: Elena Baca-Santa Cruz, Council Member
AYES: Cabrera, Delgado, Marquez, Barnard, Baca-Santa Cruz H. GENERAL BUSINESS
H.1. APPROVE AGREEMENT WITH THE LAW OFFICES OF QUINTANILLA &

ASSOCIATES TO DISCHARGE THE DUTIES OF CITY ATTORNEY AND DESIGNATE STEVEN B. QUINTANILLA AS CITY ATTORNEY (Report of:

City Manager)
Recommendations:

1. Approve Agreement with the Law Offices of Quintanilla & Associates to discharge the duties of City Attorney and designate Steven B.

Quintanilla as City Attorney.

Interim City Attorney Steven Quintanilla recused himself from this item and left the Council Chambers at 8:25pm.

Assistant City Manager Brian Mohan provided the staff report.

With the conclusion of the staff report, Mayor Cabrera called for A.3
Packet Pg. 32
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -17-
Council questions of staff.

Mayor Pro Tem Delgado asked a question of staff.

Assistant City Manager Brian Mohan answered Mayor Pro Tem Delgado's inquiries.

With the conclusion of Council questions, Mayor Cabrera called for public comments to be heard.

PETE BLECKERT

1. Critical Comments.

BOB PALOMAREZ

1. Critical of Council Member Marquez.

LOUISE PALOMAREZ

1. Critical of Mayor Cabrera, Council Member Marquez.

ROY BLECKERT

1. City History.

Public comments were heard.

With the conclusion of public comments, Mayor Cabrera called for Council deliberation.

Council Member Marquez provided comments on the item. Council Member Marquez asked staff if he should recuse himself from this item due to pending litigation.

Assistant City Manager Brian Mohan responded and stated it would in the Council Member Marquez's best interest to recuse himself from this item.

Council Member Marquez left the Council Chambers at 8:39 PM.

Mayor Pro Tem Delgado, Council Member Baca-Santa Cruz, and Mayor Cabrera provided comments on the item.

With the conclusion of Council deliberation, Mayor Cabrera entertained a motion.

Motion made by Mayor Pro Tem Delgado and seconded by
A.3
Packet Pg. 33
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -18-
Council Member Baca-Santa Cruz to approve the agreement with the Law Offices of Quintanilla and Associates to discharge the duties of Interim City Attorney and designate Steven B.

Quintanilla as City Attorney.

Motion passed by a vote of 4-0-1, with Council Member Baca- Santa Cruz, Council Member Barnard, Mayor Pro Tem Delgado, and Mayor Cabrera voting yes and Council Member Marquez recusing himself.

RESULT: APPROVED [4 TO 0]
MOVER: Ed Delgado, Mayor Pro Tem
SECONDER: Elena Baca-Santa Cruz, Council Member
AYES: Ulises Cabrera, Ed Delgado, Cheylynda Barnard, Elena Baca- Santa Cruz
RECUSED: David Marquez
With the conclusion of the item, Council Member Marquez and City Attorney Steven Quintanilla returned to the Council Chambers at 8:42 pm.

I.REPORTS
I.1.CITY COUNCIL REPORTS
March Joint Powers Commission (JPC)
Mayor Pro Tem Delgado reported the following:

We received a report by the JPA’s interns regarding development of shade structures at the Meridian South Campus Dog Park.

We voted to support revisions to job classifications for three positions that are changing as the JPA sunsets.

Finally, we established a policy of military priority for housing at Green Acres.

Riverside County Habitat Conservation Agency (RCHCA)
Council Member Barnard reported the following:

Items covered at the RCHCA Board of Directors meeting on August 10, 2023 include:

A.3
Packet Pg. 34
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -19-
· The City of Moreno Valley has collected a total of $59,550 in SKR Mitigation fees as of June 30, 2023.

Riverside County Transportation Commission (RCTC)
Mayor Cabrera reported the following:

The Commission heard the presentation of Fiscal Year 2023/24 Transportation Development Act Article 3 (SB 821) Call for Project and approved the funding recommendations.

The Commission celebrated the Freeway Service Patrol 30th anniversary. The program has assisted more than 1,000,000 motorists.

Riverside Transit Agency (RTA)
Council Member Marquez reported the following:

The Board heard a presentation of the University Pass (U-Pass) program and authorized staff to renew the revenue agreements for the 2023/2024 School Year.

The Board also authorized to award an agreement to Cardinal Infrastructure LLC to provide federal legislative advocacy services for a five-year term.

Western Riverside Council of Governments (WRCOG)
Council Member Baca-Santa Cruz reported the following:

Items covered at the WRCOG Executive Committee meeting on August 7, 2023, included an announcement that WRCOG was awarded a $421,000 Adaptation Planning Grant (Round 1) grant through the Governor's Office of Planning and Research (OPR).

Western Riverside County Regional Conservation Authority (RCA) None.

School District/City Joint Task Force
Council Member Baca-Santa Cruz reported the following:

At the Joint Task Force Meeting on August 15, 2023, the Task Force heard updates on the following items:
· Funding for school Crossing Guards.
· Moreno Elementary School traffic improvements.

A.3
Packet Pg. 35
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -20-
· First day of school traffic.
· Vacancies in Riverside County Sheriff’s Office.
· Moreno Valley Transportation Updates.
· Parks and Community Services events.
· Think Together after school program.
· Moreno Valley Unified Ribbon Cutting.
· Val Verde Unified Community Laundromat.
· Val Verde Police Department update.
· Lake Perris Junior Lifeguard program.
· Funding for Regional Indian Museum.
· Board of Supervisors update.

I.2.EMPLOYEE ASSOCIATION REPORTS
None.

I.3.CITY MANAGER'S REPORT

1. Summer Concert and Movie Series.

2. Moreno Valley State of the City.

CLOSING COMMENTS AND/OR REPORTS OF THE CITY COUNCIL, COMMUNITY

SERVICES DISTRICT, CITY AS SUCCESSOR AGENCY FOR THE COMMUNITY

REDEVELOPMENT AGENCY, HOUSING AUTHORITY, PUBLIC FINANCING AUTHORITY, AND THE BOARD OF LIBRARY TRUSTEES.

Council Member Baca-Santa Cruz

1. Summer events.

2. Senate Bill 596.

Council Member Marquez

1. Praise Firefighters.

2. Homeless issue.

3. Summer events.
* Council Member Baca-Santa Cruz left the dais at 9:00pm.

Council Member Barnard

1. Back-to-School.

A.3
Packet Pg. 36
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -21-

2. Community Meetings.

3. Homeless Issues.

Mayor Pro Tem Delgado
Mayor Pro Tem Delgado yielded his time.

Mayor Cabrera

1. Donations and Grants.

2. Summer events.

Motion made by Mayor Cabrera and seconded by Council Member Marquez to direct staff to return with a staff report to explore the creation of the next satellite library in the City.

Motion passed to add the item to future City Council meeting passed by a vote of 2-0, with Mayor Cabrera and Council Member David Marquez voting yes.

RESULT: APPROVED [2 TO 0]
MOVER: Ulises Cabrera, Mayor
SECONDER: David Marquez, Council Member
AYES: Ulises Cabrera, David Marquez
AWAY: Ed Delgado, Cheylynda Barnard, Elena Baca-Santa Cruz

ADJOURNMENT
There being no further business to come before the City Council, Mayor Cabrera adjourned the meeting at 9:12PM in honor of Fire Assistant Chief John Bischof, Fire Captain Tim Rodriguez, and Pilot Tony Sousa.

PUBLIC INSPECTION
The contents of the agenda packet are available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

Any written information related to an open session agenda item that is known by the City to have been distributed to all or a majority of the City Council less than 72 hours prior to this meeting will be made available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

A.3
Packet Pg. 37
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -22-
Submitted by:
___________________________
Jane Halstead, CMC
City Clerk
Secretary, Moreno Valley Community Services District
Secretary, City as Successor Agency for the Community
Redevelopment Agency of the City of Moreno Valley
Secretary, Moreno Valley Housing Authority
Secretary, Board of Library Trustees
Secretary, Public Financing Authority
Approved by:
___________________________
Ulises Cabrera
Mayor
City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
A.3
Packet Pg. 38
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (CONSENT CALENDAR-CITY COUNCIL)

Report to City Council

ID#6380 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: September 5, 2023

TITLE: LIST OF PERSONNEL CHANGES

RECOMMENDED ACTION
Recommendation:

1. Ratify the list of personnel changes as described.

DISCUSSION

The attached list of personnel changes scheduled since the last City Council meeting is presented for City Council ratification.

Staffing of City positions ensures assignment of highly qualified and trained personnel to achieve Momentum MoVal priorities, objectives and initiatives.

FISCAL IMPACT

All position changes are consistent with appropriations previously approved by the City Council.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Serina Astorga Brian Mohan
Executive Assistant Assistant City Manager
Chief Financial Officer/City Treasurer

CITY COUNCIL GOALS
None

A.4
Packet Pg. 39

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. Personnel changes for staff report

APPROVALS

Budget Officer Approval ✓ Approved . 8/24/23 1:05 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 8/28/23 8:43 AM A.4
Packet Pg. 40
City of Moreno Valley
Personnel Changes- 7/1/23- 7/30/23
September 5,2023
New Hi
res
Jane Agunwah, Senior Human Resources Analyst, Human Resources Jocelyn Cervantes, Human Resources Technician, Human Resources Erik Moreno, Human Resources Analyst, Human Resources Promotions
Valeria Martin
From: Management Assistant, Purchasing, Financial and Management Services To: Senior Management Analyst, Grants Administration, City Manager’s Office Jeanine Heynen
From: Management Aide, Parks and Community Services
To: Management Assistant, Parks and Community Services
Patty Yhuit
From: Senior Management Analyst, Parks and Community Services Department To: Pa rks and Community Services Administration and F inancial Services Division Manager, Parks and Community Services
Nicole Hendricks
From: Community Service Superintendent, Parks and Community Services To: Community Services Division Manager, Parks and Community Services Dena Heald
From: Deputy Finance Director, Financial Administration, Financial and Management Services To: Deputy Compliance Director, City Manager’s Office
Jason Niccoli
From: Electric Utility Assistant Manager, Electric Utility, Public Works To: Electric Utility Division Manager, Electric Utility, Public Works Transfers
None
Separations
None
A.4.a
Packet Pg. 41
Attachment: Personnel changes for staff report [Revision 1] (6380 : LIST OF PERSONNEL CHANGES)

Report to City Council

ID#6378 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: September 5, 2023

TITLE: ACCEPT 2023 SCHOOLS AND LIBRARIES PROGRAM (E -

RATE) FUNDING COMMITMENT FROM USAC

RECOMMENDED ACTION
Recommendations: That the City Council and CSD:

1. Accept Funding Year 2023 Schools and Libraries Program (E -rate) funding from The Universal Service Administrative Company (USAC); and

2. Authorize the Executive Director/City Manager and or the Parks & Community Services Director and or its designee , to complete and submit required documentation, forms, reimbursement requests and other items related to this funding commitment; and

3. Authorize a budget adjustment in FY 23/24 for the City’s 15% match/share of cost for the E-rate program.

SUMMARY

This report recommends acceptance of a $ 72,606.21 funding commitment from Universal Services Administrative Company (USAC) for 2023 Schools and Libraries (E - rate) Program. The E -rate program provides funding towards eligible services for schools and libraries.
.

DISCUSSION

One of the goals of the E -Rate program is to ensure that schools and libraries across A.5
Packet Pg. 42

the U.S. are connected to information and resources through the internet. The Schools and Libraries (E -Rate) program provides funding towards eligible services for schools and libraries. Internet access, telecommunications services, and related equipment are eligible for discounts.

The city applied and received a funding commitment of $72,606.21 from USAC for the E-rate program. Additionally, through RFP 2022 -072, the City selected and contracted with VectorUSA to provide and install upgraded networking equipment at the three libraries. The anticipated cost of the equipment and installation is $86,680.03. Funds from the E-Rate commitment will cover 85% of the total cost (or $72,606.21). The city will cover the remaining 15% of the cost (or $14,073.82).

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 by providing upgraded networking equipment at a discounted rate.

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

Staff does not recommend this alternative as it will not provide the opportunity for discounted networking and related equipment upgrades.

FISCAL IMPACT

The general fund will not be impacted by this request. Staff is requesting that the City Council approve $14,073.82 in expenses as the City’s 15% match for the E -Rate program to be paid for out of the Library Services operating fund, 5010.

Description Fund GL Account No. Type
(Rev/Exp)
FY 23/24
Budget
Proposed
Adjustments
FY 23/24
Amended
Budget
Professional
Services
5010 Library
Services
5010-50-56-35110-620299 Exp $0 $14,074 $14,074

NOTIFICATION

Posting of agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Name Patty Yhuit Name Jeremy Bubnick
Title PCS Admin & Fin Services Division Manager Title Parks & Community Services Director

CITY COUNCIL GOALS
A.5
Packet Pg. 43

Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

None

APPROVALS

Budget Officer Approval ✓ Approved . 8/24/23 1:06 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 8/28/23 8:46 AM A.5
Packet Pg. 44

Report to City Council

ID#6377 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: September 5, 2023

TITLE: ACCEPT GRANT FUNDING FROM CA STATE LIBRARY
LSTA FY 23/24 FOR MOVAL GAMERS LAIR PROJECT

RECOMMENDED ACTION
Recommendations: That the City Council and CSD:

1. Accept grant funding from the California State Library for the MoVal Gamers Lair project in the amount of $69,042 in federal Library Services and Technology Act (LSTA) funds; and

2. Authorize the Executive Director/City Manager or its Authorized Representative, Parks & Community Services Director, or designee to submit required reports, payment claims and other application documents for LSTA funds; and

3. Authorize the Executive Director/City Manager to process a budget amendment and appropriation in the amount of $69,042 in FY 23/24; and

4. Authorize the Executive Director/City Man ager to enter into an agreement for services with Library Systems & Services (LS&S) to provide the MoVal Gamers Lair project in the amount of $69,042.

SUMMARY

This report recommends acceptance of a $ 69,042 in federal Library Services and Technology Act (LSTA) funds from the California State Library for the MoVal Gamers Lair project.

DISCUSSION
A.6
Packet Pg. 45

One of the many ways the California State Library (State Library) supports California’s libraries is by administering federal and state grant funding. The State Library receives federal grant funding from the Institute of Museum and Library Services (IMLS) under the provisions of the Library Services and Technology Act (LSTA) which is administered in California by the State Librarian.

The purposes and priorities outlined in the Library Services and Technology Act (LSTA) are reflected in the Five -Year Plans submitted by each State Library Administrative Agency (SLAA) and in the over 1,500 annual projects that are supported through the Grants to States program.

The city along with its library service provider, Library Systems & Services (LS&S) applied for LSTA grant year 23/24 funding for the MoVal Gamers Lair project which will include installation of a technology center in the Moreno Valley Mall Library branch, allowing children and teens a safe place to play, experiment and learn about new and emerging technologies through weekly hands-on activities.

The technology center will be designed as a flexible environment, physically with mobile furnishings, and mentally, to broaden exposure to cutting -edge ideas, to encourage scientific exploration and creative expression. The center’s gaming core appeals to both children and teens and provides them with a safe space (separate from the public computers) to interact within the gaming and technology world.

A dedicated gaming server will support gaming computers, gaming laptops, virtual reality headsets, a Nintendo Switch, games like Minecraft and Roblox, and TV monitors to screencast virtual views. Among the maker tools and resources are 3D printers, maker tables, tablets, Cricut Joy cutting machines, robotics kits, a smart hydroponic garden, and a new shelving unit on casters, dedicated to juvenile and young adult S.T.E.A.M titles.

Library Associates and student interns will guide at least 100 kids in 20 STEAM programs and at least 100 teens through 20 gaming programs. Both programs will provide opportunities for kids and teens to design their own games, learn to code, practice and compete in esports, and develop graphic design and other technical skills that they can apply in their future endeavors.

Since 2018, the city has successfully partnered with LS&S to staff and facilitate library operations and grant projects . The city would like to continue that partnership t hrough this grant . LS&S will provide the MoVal Gamers Lair project services along with the required reporting as set forth by the California State Library LSTA program.

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 by providing funding for the MoVal Gamers Lair project.

A.6
Packet Pg. 46

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

Staff does not recommend this alternative as it will not provide the opportunity for funding to acquired and provide the MoVal Gamers Lair project.

FISCAL IMPACT

This grant will be fully reimbursable and will be budgeted in Fund 5010, section 73315 as follows:

Description Fund GL Account No. Type
(Rev/Exp)
FY 23/24
Budget
Proposed
Adjustments
FY 23/24
Amended
Budget
Receipt of Grant Library
Services
5010-50-56-73315-485000
Project no. PCS LIB-GAMERS
Rev $0 $69,042 $69,042
Contract Services Library
Services
5010-50-56-73315-625099
Project no. PCS LIB-GAMERS
Exp $0 $69,042 $69,042

NOTIFICATION

Posting of agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Patty Yhuit Jeremy Bubnick
PCS Admin & Financial Svcs. Division Manager Parks & Community Services Director

CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.

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

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library
A.6
Packet Pg. 47

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. DRAFT-Agreement for Services - LSTA Gamers Lair

APPROVALS

Budget Officer Approval ✓ Approved . 8/24/23 1:06 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 8/28/23 8:44 AM A.6
Packet Pg. 48
City of Moreno Valley

AGREEMENT FOR ON-SITE AND/OR PROFESSIONAL SERVICES

This Agreement is made by and between the City of Moreno Valley California, a municipal corporation, with its principal place of business at 14177 Frederick Street, Moreno Valley, CA 92552, hereinafter referred to as the “City”, and LIBRARY SYSTEMS & SERVICES, LLC, a Maryland limited liability company, with its principal place of business at 2600 Tower Oaks Boulevard, Suite #200, Rockville, Maryland 20852, hereinafter referred to as the “Vendor,” based upon City policies and the following legal citations:

RECITALS
A. Government Code Section 53060 authorizes the engagement of persons to perform special services as independent Vendors;
B. Vendor desires to perform and assume responsibility for the provision of professional Library Services and Technology Act (LSTA) Grant MoVal Gamers Lair Project contracting services required by the City on the terms and conditions set forth in this Agreement.

Vendor represents that it is experienced in providing professional LSTA Grant MoVal Gamers Lair Project contracting services, is licensed in the State of California, if applicable;
C. City desires to engage Vendor to render such services for the LSTA Grant MoVal Gamers Lair Project as set forth in this Agreement;
D. The public interest, convenience, necessity and general welfare will be served by this Agreement; and
E. This Agreement is made and entered into effective the date the City signs this Agreement.

TERMS

1. VENDOR INFORMATION:

Vendor’s Name: Library Systems & Services, LLC
Address: ____2600 Tower Oaks Blvd., Suite 200 _______________ City: ____Rockville____________________ State: _MD___ Zip: ___20852______ Business Phone: __301-540-5100_ Fax No. ________________________

A.6.a
Packet Pg. 49
Attachment: DRAFT-Agreement for Services - LSTA Gamers Lair [Revision 1] (6377 : ACCEPT GRANT FUNDING FROM CA STATE LIBRARY

2. VENDOR SERVICES, FEES, AND RELEVANT DATES:

A. The Vendor’s scope of service is described in Exhibit “A” attached hereto and incorporated herein by this reference.

B. The City’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.

D. The term of this Agreement shall be from __Sep 5, 2023_ to _Jun 30, 2023____ unless terminated earlier as provided herein. The City acknowledges that it will not unreasonably withhold approval of the Vendor’s requests for extensions of time in which to complete the work required. The Vendor shall not be responsible for performance delays caused by others or delays beyond the Vendor’s reasonable control (excluding delays caused by non-performance or unjustified delay by Vendor, his/her/its employees, or subcontractors), and such delays shall extend the time for performance of the work by the Vendor.

3. STANDARD TERMS AND CONDITIONS:

A. Control of Work. Vendor is solely responsible for the content and sequence of the work and will not be subject to control and direction as to the details and means for accomplishing the anticipated results of services. The City will not provide any training to Vendor or his/her/its employees.

B. Intent of Parties. Vendor is, and at all times shall be, an independent Vendor and nothing contained herein shall be construed as making the Vendor or any individual whose compensation for services is paid by the Vendor, an agent or employee of the City, or authorizing the Vendor to create or assume any obligation or liability for or on behalf of the City, or entitling the Vendor to any right, benefit, or privilege applicable to any officer or employee of the City.

C. Subcontracting. Vendor may retain or subcontract for the services of other necessary Vendors with the prior written approval of the City. Payment for such services shall be the responsibility of the Vendor. Any and all subcontractors shall be subject to the terms and conditions of this Agreement, with the exception that the City shall have no obligation to pay for any subcontractor services rendered. Vendor 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 Vendor shall be subject to the approval of City.

A.6.a
Packet Pg. 50
Attachment: DRAFT-Agreement for Services - LSTA Gamers Lair [Revision 1] (6377 : ACCEPT GRANT FUNDING FROM CA STATE LIBRARY E. Substitution of Key Personnel . Vendor has represented to City that certain key personnel will perform and coordinate the services under this Agreement. Should one or more of such personnel become unavailable, Vendor may substitute other personnel of at least equal competence upon wr itten approval of City. In the event that City and Vendor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the project or a threat to the safety of persons or property, shall be prompt ly removed from the project by the Vendor at the request of the City. The key personnel for performance of this Agreement are as follows:

TODD FRAGER, CEO.

F. City’s Representative . The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

G. Vendor’s Representative. Vendor hereby designates TODD FRAGER, CEO, or his or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Vendor’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 Vendor shall comply with applicable federal, state, and local laws in the performance of this Agreement. Vendor shall be liable for all violations of such laws and regulations in connection with services. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom. Vendor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

I. Standard of Care; Performance of Employees. Vendor 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. Vendor represents and maintains that it is skilled in the profession necessary to perform the services. Vendor warrants that all employees and subcontractor shall have sufficient skill and experience to perform the services assigned to t hem. Finally, Vendor represents that it, its employees and A.6.a
Packet Pg. 51
Attachment: DRAFT-Agreement for Services - LSTA Gamers Lair [Revision 1] (6377 : ACCEPT GRANT FUNDING FROM CA STATE LIBRARY subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the services and that such licenses and approvals shall be maintained throughout the term of this Agreement. Any employee of th e Vendor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the services in a manner acceptable to the City, shall be promptly removed from the project by the Vendor and shall not be re-employed to perform any of the services or to work on the project.

J. Vendor Indemnification . Vendor shall indemnify, defend and hold the City, the Moreno Valley Housing Authority, and the Moreno Valley Community Services District (CSD), their officers, agents and employees harmless from any and all claims, damages, losses, causes of action and demands, including, without limitation, the payment of all consequential damages, expert witness fees, reasonable attorney’s fees and other related costs and expenses, incurred in connection with or in any manner arising out of Vendor ’s performance of the work contemplated by this Agreement and this Agreement. Acceptance of this Agreement signifies that the Vendor is not covered under the City’s general liability insurance, employee benefits, or worker’s compensation. It further esta blishes that the Vendor shall be fully responsible for such coverage. Vendor’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 V alley Housing Authority, and the CSD, and their officers, agents and employees.

K. Additional Indemnity Obligations . Vendor shall defend, with counsel of City’s choosing and at Vendor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section “J” that may be brought or instituted against City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees. Vendor shall pay and satisfy any judgment, award or decree that may be rendered against City, the Moreno Valley Housing Authority, and the CSD, an d their officers, agents and employees as part of any such claim, suit, action or other proceeding. Vendor shall also reimburse City for the cost of any settlement paid by City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Vendor shall reimburse City, the Moreno Valley Housing Authority, and the CSD, and their officers, agents and employees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

L. CalPERS Indemnity. To the fullest extent permitted by law, in addition to obligations set forth in this section, in the event that any person providing services under this A.6.a
Packet Pg. 52
Attachment: DRAFT-Agreement for Services - LSTA Gamers Lair [Revision 1] (6377 : ACCEPT GRANT FUNDING FROM CA STATE LIBRARY Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, to the fullest extent of the law, VENDOR shall indemnify, defend, and hold harmless City for any costs and expenses incurred by City, including without limitation, payment that City is required as a result to make to CalPERS, whether in the form of employee and/or employer contributions, taxes, or any similar obligations, as well as for the payment of any penalties and interest.

M. CalPERS Participation. As set forth in this Agreement and in the Request for Qualifications, City has an obligation to treat all persons working for or under the direction of VENDOR as an independent Vendor of City and agents and employees of VENDOR, and not as agents or employees of City. VENDOR and City acknowledge and agree that City participates in a defined benefit plan (“CalPERS”), and that it is possible that CalPERS may find that persons providing services pursuant to this Agreement are employees of City and should be registered with the CalPERS as employees of City.

N. CalPERS Retiree Disclosure . VENDOR hereby expressly agrees to clearly and conspicuously disclose to City in writing any and all persons working for VENDOR who are retirees under the California Public Employees’ Retirement System (CalPERS) whom receives a monthly CalPERS retirement al lowance, and whom are, subject to City approval, assigned by VENDOR to provide services to City under the Agreement, prior to such person performing any services hereunder. Nothing herein shall be deemed or interpreted to limit a CalPERS retiree’s obligations under applicable law, rules or regulations.

O. Joint Cooperation . In the event that CalPERS initiates an inquiry that includes examination of whether individuals providing services under this Agreement to City are City’s employees, VENDOR shall within five days and share all communications and documents from CalPERS that it may legally share. In the event that either VENDOR or City files an appeal or court challenge, VENDOR and City each agree to cooperate with each other in responding to the inquiry and any subsequent administrative appeal or court challenge of an adverse determination.

P. Insurance Requirements. Throughout the life of this AGREEMENT, Vendors shall pay for and maintain in full force and effect all insurance as required.

If at any time during the life of this AGREEMENT or any extension, VENDOR or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this AGREEMENT shall be discontinued immediately, and all payments due or that become due to VENDOR shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to A.6.a
Packet Pg. 53
Attachment: DRAFT-Agreement for Services - LSTA Gamers Lair [Revision 1] (6377 : ACCEPT GRANT FUNDING FROM CA STATE LIBRARY terminate this AGREEMENT. No action taken by CITY pursuant to this section shall in any way relieve VENDOR of its responsibilities under this AGREEMENT. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.

The fact that insurance is obtained by VENDOR shall not be deemed to release or diminish the liability of VENDOR, including, without limitation, liability under the indemnity provisions of this AGREEMENT. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by VENDOR. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of VENDOR, its principals, officers, agents, employees, persons under the supervision of VENDOR, suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone employed directly or indirectly by any of them.

Upon request of CITY, VENDOR shall immediately furnish CITY with a complete copy of any insurance policy and associated documentation required under this AGREEMENT, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this AGREEMENT
Where determined applicable by the CITY, VENDOR 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.

Minimum Scope of Insurance: Coverage shall be at least as broad as:
1) The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 covering on an “occurrence” basis, which shall include insurance for "bodily injury," "property damage" and "personal and advertising injury" wi th coverage for premises and operations, products and completed operations, and contractual liability.
2) The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 3) Workers' Compensation insurance as required by the State of California, California Labor Code and Employer's Liability Insurance, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.

A.6.a
Packet Pg. 54
Attachment: DRAFT-Agreement for Services - LSTA Gamers Lair [Revision 1] (6377 : ACCEPT GRANT FUNDING FROM CA STATE LIBRARY 4) Professional Liability (Errors and Omissions) insurance appropriate to VENDOR'S profession.

Minimum Limits of Insurance:
a. General Liability Insurance. Without limiting the generality of the forgoing, 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 VENDOR, sub -contractor, or any person acting for the VENDOR or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of this AGREEMENT and any extension thereof in the minimum amounts provided below:
• $1,000,000 per occurrence for bodily injury and property damage • $1,000,000 per occurrence for personal and advertising injury • $2,000,000 aggregate for products and completed operations • $2,000,000 general aggregate
b. Automobile Liability
• $1,000,000 per accident for bodily injury and property damage c. Employer's Liability (Worker's Compensation)
• $1,000,000 each accident for bodily injury
• $1,000,000 disease each employee
• $1,000,000 disease policy limit
d. The Workers' Compensation insurance policy: 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 both the VENDOR and the CITY, HA, and CSD against any loss, claim or damage arising from any injuries or occupational diseases happening to any worker employed by the VENDOR in the course of carrying out this AGREEMENT. Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: VENDOR and its insurer shall waive any right of subrogation against City of Moreno Valley, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.
e. Professional Liability (Errors and Omissions) : Limits of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

f. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing a Best’s rating of no less than A,VII and shall be endorsed with the following specific language:

A.6.a
Packet Pg. 55
Attachment: DRAFT-Agreement for Services - LSTA Gamers Lair [Revision 1] (6377 : ACCEPT GRANT FUNDING FROM CA STATE LIBRARY • The insurer waives all rights of subrogation against the City, its appointed officials, officers, employees or agents.

Other Insurance Provisions: The General Liability, Automobile Liability and Workers Compensation insurance policies are to contain, or be endorsed to contain, the following provisions:
a. City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority and each of their officers, officials, employees, agents and volunteers are to be covered as additional insureds. b. The coverage shall contain no special limitations on the scope of protection afforded to CITY, CSD, Housing Authority and each of their officers, officials, employees, agents and volunteers.

All polices of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non -renewed, reduced in coverage or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to the CITY. Upo n issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, VENDOR shall furnish the CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for the CITY, VENDOR shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

Acceptability of Insurers: All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide; or authorized by the City Manager or designee.

Verification of Coverage: VENDOR shall furnish CITY with all certificates(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or designee prior to CITY'S execution of this AGREEMENT and before work commences. The following applicable endorsements will be required:

1. Additional Insured endorsement for ongoing operations, completed operations and primary & non-contributory endorsement for general liability coverage

2. Additional Insured endorsement for auto liability coverage

3. Waiver of Subrogation for workers compensation coverage

Q. Intellectual Property . Any system or documents developed, produced or provided under this Agreement, including any intellectual property discovered or developed by Vendor in the course of performing or otherwise as a result of its work, shall become the sole property of the City unless explicitly stated otherwise in this Agreement. The A.6.a
Packet Pg. 56
Attachment: DRAFT-Agreement for Services - LSTA Gamers Lair [Revision 1] (6377 : ACCEPT GRANT FUNDING FROM CA STATE LIBRARY Vendor may retain copies of any and all material, including drawings, documents, and specifications, produced by the Vendor in performance of this Agreement. The City and the Vendor agree that to the extent permitted by law, until final approval by the City, all data shall be treated as confidential and will not be released to third parties without the prior written consent of both parties.

R. 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 only by a subsequent written Agreement signed by both parties. Assignment of this Agreement is prohibited without prior written consent.

S. (a) The City may terminate the whole or any part of this Agreement at any time without cause by giving at least ten (10) days written notice to the Vendor. The written notice shall specify the date of termination. Upon receipt of such notice, the Vendor may continue work through the date of termination, provided that no work or service(s) shall be commenced or continued after receipt of the notice which is not intended to protect the interest of the City. The City shall pay the Vendor within thirty (30) days after receiving any invoice after the date of termination for all non-objected to services performed by the Vendor in accordance herewith through the date of termination.
(b) Either party may terminate this Agreement for cause. In the event the City terminates this Agreement for cause, the Vendor shall perform no further work or service(s) under the Agreement unless the notice of termination authorizes such further work.
(c) If this Agreement is terminated as provided herein, City may require Vendor to provide all finished or unfinished documents and data and other information of any kind prepared by Vendor in connection with the performance of services under this Agreement. Vendor shall be required to provide such documents and other information within fifteen (15) days of the request.
(d) In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, similar to those terminated.

T. Payment. Payments to the Vendor pursuant to this Agreement will be reported to Federal and State taxing authorities as required. The City will not withhold any sums from compensation payable to Vendor. Vendor is independently responsible for the payment of all applicable taxes. Where the payment terms provide for compensation on a time and materials basis, the Vendor shall maintain adequate records to permit inspection and audit of the Vendor’s time and materials charges under the A.6.a
Packet Pg. 57
Attachment: DRAFT-Agreement for Services - LSTA Gamers Lair [Revision 1] (6377 : ACCEPT GRANT FUNDING FROM CA STATE LIBRARY Agreement. Such records shall be retained by the Vendor for three (3) years following completion of the services under the Agreement.

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

V. Choice of Law and Venue. The laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and shall govern the interpretation of this Agreement. Any legal proceeding arising from this Agreement shall be brought in the appropriate court located in Riverside County, State of California.

W. 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:

Vendor:

Library Systems & Services, LLC
2600 Tower Oaks Blvd. Ste 200
Rockville, MD 20852
Attn: Todd Frager, CEO

City:

City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Attn: Patty Yhuit, Parks & Community Services Dept.

Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

A.6.a
Packet Pg. 58
Attachment: DRAFT-Agreement for Services - LSTA Gamers Lair [Revision 1] (6377 : ACCEPT GRANT FUNDING FROM CA STATE LIBRARY Y. City’s Right to Employ Other Vendors. City reserves right to employ other Vendors in connection with this project.

Z. Amendment; Modification . No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both parties.

AA. 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, such attempted assignment, hypothecation or transfer.

BB. Supplementary General Conditions (for projects that are funded by Federal programs). The following provisions, pursuant to 44 Code of Federal Regulations, Part 13, Subpart C, Section 13.36, as it may be amended from time to time, are included in the Agreement and are required to be included in all subcontracts entered into by VENDOR for work pursuant to the Agreement, unless otherwise expressly provided herein. These provisions supersede any conflicting provisions in the General Conditions and shall take p recedence 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. VENDOR shall be subject to the administrative, contractual, and legal remedies provided in the General Conditions in the event VENDOR violates or breaches terms of the Agreement.

2. CITY may terminate the Agreement for cause or for convenience, and VENDOR may terminate the Agreement, as provided the General Conditions.

3. VENDOR shall comply with Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by CITY and/or subcontracts in excess of $10,000 entered into by VENDOR.)

4. VENDOR 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. VENDOR 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. VENDOR 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. VENDOR shall observe CITY requirements and regulations pertaining to reporting included in the General Conditions.

8. Patent rights with respect to any discovery or invention which arises or is A.6.a
Packet Pg. 59
Attachment: DRAFT-Agreement for Services - LSTA Gamers Lair [Revision 1] (6377 : ACCEPT GRANT FUNDING FROM CA STATE LIBRARY developed in the course of or under the Agreement shall be retained by the CITY.

9. Copyrights and rights in data developed in the course of or under the Agreement shall be the property of the CITY. FEMA/CalOES reserve a royalty- free, nonexclusive, irrevocable license to reproduce, publish or otherwise use or authorize to others to use for federal purposes a copyright in any work developed under the Agreeme nt and/or subcontracts for work pursuant to the Agreement.

10. VENDOR shall provide access by the City, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Vendor which are directly pertinent to th at specific contract for the purpose of making audit, examination, excerpts, and transcriptions.

11. VENDOR shall retain all required records for three years after CITY makes final payments and all other pending matters relating to the Agreement are closed.

12. VENDOR 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. VENDOR 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).

CC. Authority To Execute. The representative executing this Agreement on behalf of each party hereby represents and warrants that he or she has full power and authority to execute this Agreement on behalf of such party and that all approvals and other actions necessary in connection with the effective execution by him or her have been obtained and are in full force and effect as of his or her execution hereof.

SIGNATURE PAGE TO FOLLOW

A.6.a
Packet Pg. 60
Attachment: DRAFT-Agreement for Services - LSTA Gamers Lair [Revision 1] (6377 : ACCEPT GRANT FUNDING FROM CA STATE LIBRARY IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley Library Systems & Services, LLC

BY: BY:

Mike Lee, City Manager/Executive Director Todd Frager TITLE: CEO
_____________________________________ _________________________

Date Date

INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Department Head
(if contract exceeds 15,000)

Date
A.6.a
Packet Pg. 61
Attachment: DRAFT-Agreement for Services - LSTA Gamers Lair [Revision 1] (6377 : ACCEPT GRANT FUNDING FROM CA STATE LIBRARY

EXHIBIT A

VENDOR SCOPE OF SERVICES
As part of the MoVal Gamers’ Lair project, vendor will set up a technology center at the Moreno Valley Mall Branch Library to introduce community members, particularly young people, to emerging technologies through guided hands-on activities.

The technology center will be designed as a flexible environment, physically with mobile furnishings, and mentally, to broaden exposure to cutting -edge ideas, to encourage scientific exploration and creative expression. The center’s gaming core appeals to both children and teens and provides them with a safe space (separate from the public computers) to interact within the gaming and technology world.

A dedicated gaming server will support gaming computers, gaming laptops, virtual reality headsets, a Nintendo Switch, games like Minecraft and Roblox, and TV monitors to screencast virtual views. Among the maker tools and resources are two 3D printers, ma ker tables, tablets, Cricut Joy cutting machines, robotics kits, a smart hydroponic garden, and a new shelving unit on casters, dedicated to juvenile and young adult S.T.E.A.M titles.

The Youth Services and Library Associates will launch a weekly Discover Club program for children aged 8-12 (hosting at least 100 kids in 20 programs) and a weekly Game On! program for young adults (at least 100 teens in 20 programs). Both programs will provide opportunities for kids and teens to design their own games, learn to code, practice and compete in esports, and develop graphic design and other technical skills that they can apply in their future endeavors.

The MoVal Gamers Lair project will also employ two student interns to gain 150 work -hours of experience with server administration, library programming, and peer coaching.

Vendor will manage the project in accordance with the California State Library LSTA Grant Guide located on the California State Library’s Manage Your Current Grant webpage (https://www.library.ca.gov/grants/manage/). Vendor will be responsible for submitting all required reporting and documentation.

A.6.a
Packet Pg. 62
Attachment: DRAFT-Agreement for Services - LSTA Gamers Lair [Revision 1] (6377 : ACCEPT GRANT FUNDING FROM CA STATE LIBRARY

EXHIBIT B

CITY RESPONSIBILITIES

Provide timely staff liaison with the Contactor when requested and when reasonably needed.

A.6.a
Packet Pg. 63
Attachment: DRAFT-Agreement for Services - LSTA Gamers Lair [Revision 1] (6377 : ACCEPT GRANT FUNDING FROM CA STATE LIBRARY

EXHIBIT C

TERMS OF PAYMENT

1. The Vendor's compensation shall not exceed $69,042.00.

2. The Vendor will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required prior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Moreno Valley business license are located at:
https://moval.gov/departments/financial-mgmt-svcs/svc-biz-license.html

3. The Vendor will electronically submit an invoice to the City on a monthly basis for progress payments along with documentation evidencing services completed to date.

The progress payment is based on actual time and materials expended in furnishing authorized professional services since the last invoice. At no time will the City pay for more services than have been satisfactorily completed and the City’s determination of the amount due for any progress payment shall be final. The Vendor will submit all original invoices to Accounts Payable staff at [email protected] a. Accounts Payable questions can be directed to (951) 413-3073. b. Copies of invoices may be submitted to the PCS Department at [email protected] or calls directed to (951) 413-3726.

4. The Vendor agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf

5. The minimum information required on all invoices is:
a. Vendor Name, Mailing Address, and Phone Number
b. Invoice Date
c. Vendor Invoice Number
d. City-provided Reference Number (e.g. Project, Activity) e. Detailed work hours by class title (e.g. Manager, Technician, or Specialist), services performed and rates, explicit portion of a contract amount, or detailed billing information that is sufficient to justify the invoice amount; single, lump amounts without detail are not acceptable.

6. The City shall pay the Vendor for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.

A.6.a
Packet Pg. 64
Attachment: DRAFT-Agreement for Services - LSTA Gamers Lair [Revision 1] (6377 : ACCEPT GRANT FUNDING FROM CA STATE LIBRARY

7. Reimbursement for Expenses . Vendor shall not be reimbursed for any expenses unless authorized in writing by City.

8. Maintenance and Inspection. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

A.6.a
Packet Pg. 65
Attachment: DRAFT-Agreement for Services - LSTA Gamers Lair [Revision 1] (6377 : ACCEPT GRANT FUNDING FROM CA STATE LIBRARY

Report to City Council

ID#6376 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: September 5, 2023

TITLE: SUBMITTAL OF COMMUNITY RESILIENCE CENTERS
PLANNING GRANT ROUND 1 APPLICATION FY 23/24

RECOMMENDED ACTION
Recommendations: That the City Council and CSD:

1. Authorize the Executive Director or its Authorized Representative, Parks & Community Services Director, or designee to submit a grant application to the California Strategic Growth Council for the Community Resilience Centers (CRC) Planning Grant Round 1 funding.

SUMMARY

This report recommends authorization to submit a grant application to the California Strategic Growth Council Community Resilience Centers Program (CRC) Round 1 funding under the Planning Grants component.

CRC Planning Grants fund planning activities to prepare communities for future funding opportunities in programs that align with CRC Program Objectives, with a specific focus on preparation for CRC Rounds 2 and 3 Implementation Grants. The CRC Planning Grant proposal will focus on activities that will assist in the development of a proposal for a future CRC Implementation Grant or similar funding opportunity, including demonstrating effective, robust local community engagement and planning efforts.

If awarded, the city will plan to submit for future CRC funding opportunities including Project Development Grants and or Implementation Grants.

DISCUSSION
A.7
Packet Pg. 66

CRC Planning Grants will support planning activities to prepare communities to implement Community Resilience Centers, as well as for similar funding opportunities that align with the CRC Program’s objectives. Planning activities should focus on engaging key stakeholders and supporting project readiness, as well as broader community resilience to climate emergencies and intersecting social and economic issues. Planning Grants range from $100,000 -$500,000 each.

The City’s application will include a defined project area for the CRC, which has been identified as vacant land on the corner of Alessandro and Lasselle, a community needs assessment plan, partnership development, stakeholder identification and other assessments to be used to prepare for the submittal of a future CRC Implementation Grant or similar grant opportunity will also be part of the application submittal.

The proposed planning activities included in the application will help the city identify, design, and construct a CRC that will be accessible during and after emergencies. In addition, programming will include targeted culturally, and linguistically appropriate outreach and planning for priority populations and community -led development of networks and plans for evacuation, transportation, mass sheltering and mass feeding.

Activities which advance local workforce development and training opportunities for a future net zero carbon economy, supporting local leadership and grassroots engagement in civic and community development, and climate resilience awareness will also be part of the proposed activities.

In addition, the activities proposed will demonstrate consistency with the State’s Planning Priorities contained in Section 65041.117 of the Government Code.

These priorities intend to promote equity, strengthen the economy, protect the environment, and promote public health and safety in the state, including urban, suburban, and rural communities.

ALTERNATIVES

1. Approve the recommended action as presented in this staff report. Staff recommends this alternative as it will have a positive impact on the community by providing funding for the Planning of a CRC.

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

Staff does not recommend this alternative as it will not provide the opportunity for funding to plan for a CRC.

FISCAL IMPACT

There is no fiscal impact with this action.

NOTIFICATION

Posting of Agenda.

A.7
Packet Pg. 67

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Patty Yhuit Jeremy Bubnick
PCS Admin & Fin Svs. Division Manager Parks & Community Services Director

CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.

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

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

None

APPROVALS

Budget Officer Approval ✓ Approved . 8/24/23 1:06 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 8/28/23 8:45 AM A.7
Packet Pg. 68

Report to City Council

ID#6372 Page 1
TO: Mayor and City Council

FROM: Michael Lloyd, Assistant City Manager (Development) Jason Niccoli, Electric Utility Division Manager

AGENDA DATE: September 5, 2023

TITLE: APPROVE THE ACCEPTANCE OF CALIFORNIA

ARREARAGE PAYMENT PROGRAM FUNDS FOR UTILITY

BILL RELIEF

RECOMMENDED ACTION
Recommendations:

1. Approve Resolution 2023 -XX. A Resolution of the City Council of the City of Moreno Valley, California, to accept the California Arrearage Payment Program (CAPP) funds; and

2. Authorize the City Manager to accept any future CAPP fund payments for Electric Utility bill relief.

SUMMARY

The purpose of this agenda item is to recommend that the council accept the California Arrearage Payment Program (CAPP) funds, which have been allocated to provide relief for customers who fell behind on their utility bills during the COVID -19 pandemic. The CAPP funds have been crucial in assisting our community members in times of financial hardship.

DISCUSSION

The California Arrearage Payment Program (CAPP) serves as a pivotal state initiative aimed at alleviating the financial burden of eligible energy utility bills that escalated during the COVID -19 pandemic. CAPP operates by providing a bill credit to qualifying individuals, directly contributing to the settlement of their energy bills.

Tailored to aid utility customers adversely affected by the economic repercussions of A.8
Packet Pg. 69

the pandemic, CAPP extends its support to those who have struggled to keep up with energy bill payments, resulting in overdue balances exceeding 60 days.

In 2021, CAPP allocated $470,194 to the Moreno Valley Electric Utility to facilitate relief efforts. While formal resolution for fund acceptance was not mandated, an oversight occurred as these funds were inadvertently omitted from the City's Single Audit report.

The integration of this fund acceptance into the Single Audit report necessitates a revision.

For the year 2022, CAPP allocated $399,621.67 earmarked for Moreno Valley Electric Utility relief. These funds have been duly designated for inclusion in forthcoming audit submissions.

Considering the potential for CAPP to continue offering crucial utility bill relief in the future, it is prudent to authorize the City Manager to accept such funds.

Integral to CAPP's functioning is a comprehensive framework of prioritization criteria, meticulously constructed to ensure equitable distribution of benefits to the public. These criteria meticulously outline the utilization of funds to proportionately offset electric utility bills for all eligible customers.

ALTERNATIVES

1. Approve the Recommended Actions presented in this report. Staff recommends this alternative as the proposed acceptance of funds will offset revenue needed from customers and provide relief to customers facing hardship.

2. Do not approve the Recommended Actions presented in this report Staff does not recommend this alternative because this would forgo the acceptance of $869,815.67 in bill relief for customers.

FISCAL IMPACT

These funds will be passed directly through the utility to provide Electric Utility bill relief.

As such these funds will become city revenue and offset our accounts receivable by the amount provided by CAPP in each fiscal year. There is no direct fiscal impact.

NOTIFICATION

Publication of the Agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Jason Niccoli Michael Lloyd
Electric Utility Division Manager Assistant City Manager (Development)

CITY COUNCIL GOALS
A.8
Packet Pg. 70

Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. Resolution CAPP AND ARPA FUNDING

APPROVALS

Budget Officer Approval ✓ Approved . 8/29/23 9:47 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 8/29/23 9:51 AM A.8
Packet Pg. 71
Attachment 1
1 Resolution No. 2023-XX
Date Adopted: September 5, 2023
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORENO VALLEY, CA LIFORNIA, AUTHORIZING

PARTICIPATION IN THE CALIFORNIA ARREARAGE

PAYMENT PROGRAM (CAPP) AND ACCEPTING

AMERICAN RESCUE PLAN ACT (ARPA) PARTICIPATION

AND FUNDING
WHEREAS, the City of Moreno Valley (the “Cit y”), a municipal corporation, is authorized under various provisio ns of the California Constitution and the general laws of California (including specifically, Article XI, Section 9(a) of the California Constitution, Public Utilities Code (“PUC”) Section 10004, and Government Code Section 39732(a) to establish, purchase, and operat e a public utility to furnish its inhabitants with, among other things, electricity; and
WHEREAS, the City operates a municipal electr ic utility (“Moreno Valley Utility” or “MVU”); and
WHEREAS, on March 4, 2020 Governor Ne wsom proclaimed a state of emergency due to the COVID-19 pandemic, iss ued Executive Order N-28-20 directing the California Public Utilities Commission to monitor customer service protection measures implemented by utilities, issued Executive Order N-33-20 to require individuals to stay at hom e except as needed to maintain continuity of critical operations, and issued Executive Order N-60-20 that created a risk-based approach to reopening the economy, among other executive actions; and WHEREAS, the stay-at-home order and risk -based reopening framework were rescinded on June 11, 2021, by Exec utive Order N-07-21 and m any provisions of other Executive Orders were phased out by Executive Order N-08-21; and WHEREAS, the City implemented suspension of late fees, shut-offs, and a COVID-19 Utility Assistanc e Program as customer protec tion measures for customers of Moreno Valley Utility; and
WHEREAS, there have been economic impacts as a result of the COVID-19 pandemic and associated public heal th measures, including leaving many Californians unable to pay their utility bills due to lack of reliable and consistent employment; and WHEREAS, in response to the economic conditions caused by the COVID-19 pandemic, Item 4700-162-8506 of Sect ion 2.00 of the State Bu dget Act of 2021, as established by Assembly Bill No. 128 (Chapt er 21, Statutes of 2021) and as amended by Senate Bill No. 129 (Chapter 69, Stat utes of 2021), provided $993,500,000 to the State Department of Community Servic es and Development (“department”) to administer the California Arrearage Payment Program (CAPP) to reduce delinquent electricity and a natural gas utility balance s for customers experiencing financial A.8.a
Packet Pg. 72
Attachment: Resolution CAPP AND ARPA FUNDING [Revision 2] (6372 : APPROVE THE ACCEPTANCE OF CALIFORNIA ARREARAGE

2 Resolution No. 2023-XX
Date Adopted: September 05, 2023
hardships related to the economic impacts of the COVID-19 pandemic; and WHEREAS, funding for CAPP is payable from t he State’s share of the federal Coronavirus Fiscal Recovery Fund of 2021; and
WHEREAS, Assembly Bill No. 135 (Chapter 85, Statutes of 2021), formally established the CAPP within the departmen t, enumerating the progr am’s requirements for utility participation and setting aside $298, 953,250 of the funds provided in Item 4700-162-8506 of the State Budget Act of 2021 for financial assistance to customers of local publicly owned electric utilities; and
WHEREAS, a local publicly owned electric ut ility is considered a utility applicant under CAPP and may apply to the department fo r CAPP funds for eligible customer accounts for past due bills during the COVID-19 pandemic bill relief period; and WHEREAS, eligible customers are all resi dential and commercial customers; past due bills mean any customer utility bill s that are 60 days or more past due and includes both active and inactive accounts, as well as customer accounts that have payment plans or payment arrangements, and the COVID-19 pandemic bill relief period means the period starting March 4, 2020, and ends June 15, 2021; and WHEREAS, to receive CAPP funding on behalf of eligible customers, a utility applicant must complete both a utility surv ey and application including submitting all necessary data and information to support the utility applicant’s request for CAPP funding; and
WHEREAS, the department is required to dis burse funds as expeditiously as possible to utility applicants, but no later than January 31, 2022; and WHEREAS, within 60 days of receiving C APP funds, a utility applicant must issue CAPP Assistance benefits to customers as bill credits to help address the eligible past due balance and must include a statement that the credits are a result of California’s CAPP funding. An eligible ut ility customer need not apply for the program; and
WHEREAS, if CAPP funding is not sufficient to meet all needs, utility applicants must prioritize the issuance of CAPP assistance first to active residential customers who are past due and who, absent the CAPP assi stance might be subject to service disconnection, consistent wit h current law, due to nonpayment of balances incurred during the COVID-19 pandemic bill relief period; second, to active residential customers with delinquent balances incurred during the COVID-19 pandemic bill relief period; third, to inactive residential accounts with delinqu ent balances incurred during the COVID-19 pandemic bill relief period; and fourth, to commercial customers with delinquent balances incurred during the COVID-19 pandemic bill relief period; and WHEREAS, Assembly Bill No. 135 created cust omer protections to require a utility applicant to notify customers of the option to enter into an extended payment plan A.8.a
Packet Pg. 73
Attachment: Resolution CAPP AND ARPA FUNDING [Revision 2] (6372 : APPROVE THE ACCEPTANCE OF CALIFORNIA ARREARAGE 3 Resolution No. 2023-XX
Date Adopted: September 05, 2023
with late fees and penalties waived for any remaining balanced after CAP P funds are credited to the customer’s account, to refr ain from discontinuing s ervice while CAPP applications are pending, for 90 days after the CAPP benefit is applied to a customer account, and while a customer remains cu rrent on a r epayment plan, and to waive associated late fees and accrued interest for customers awarded CAPP benefits; and WHEREAS, Moreno Valley Utility had eligible cu stomers that have past due bills during the COVID-19 pandemic bill relief period; and
WHEREAS, the City receiv ed CAPP funding and allocated funds in accordance with applicable law and guidelines; and
WHEREAS, in March of 2021, the President of the United States signed the $1.9 trillion American Rescue Plan Act (ARPA), a federal stimulus bill to aid public health and economic recovery from VOCID-19 pandemi c, which included, among other funding, $350 billion in emergency funding for state, local territorial and tribal governments, known at the Coronavirus State and Local Fiscal Recovery Funds; and WHEREAS, recipients of funding mus t obligate the funds by December 31, 2024, and spend them by December 31, 2026; and
WHEREAS, effective April 1, 20222, the Treas ury Department released the final rule for the Coronavirus State and Local Fiscal Recovery Fund program, pr oviding additional clarity and flexibility on uses, including: capital expenditures, expanding public sector hiring and capacity, prem ium pay fo r essential works, and br oadening eligible broadband, water and sewer infrastructure.

NOW, THEREFORE, THE CITY COUNCIL OF TH E CITY OF MORENO

VALLEY, CALIFORNIA, DO ES HEREBY FINDS, DETE RMINES, AND RESOLVES AS FOLLOWS:

Section 1. RECITALS
That the above recitals contained and referenced herein are true and correct and are incorporated herein by this reference.

Section 2. CAPP PARTICIPATION
That the City’s publicly owned electric utility’s participation in CAPP is ratified and approved, and the Assistant City Manager or designee is authorized to execute program participation on behalf of the City, in accordance with applicable federal, state, and local laws, rules and regulations, including without limitation acceptance of past and future funding.

Section 3. ARPA FUNDING
A.8.a
Packet Pg. 74
Attachment: Resolution CAPP AND ARPA FUNDING [Revision 2] (6372 : APPROVE THE ACCEPTANCE OF CALIFORNIA ARREARAGE 4 Resolution No. 2023-XX
Date Adopt
ed: September 05, 2023
That the City Council hereby ratifies and approves the City’s participation in and acceptance of ARPA funding, and hereby authorizes the Cit y to accept future ARPA funding, and the City Manager or designee is hereby authorized to execute program participation on behalf of the City, in accordance with app licable, federal, state, and local laws, rules and regulations.

Section 4. SEVERABILITY
That the City Council declares that, s hould any provision, section, paragraph, sentence or word of this Resolution be ren dered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 5. REPEAL OF CONFLICTING PROVISIONS
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution, are hereby repealed.

Section 6. EFFECTIVE DATE
That this Resolution shall take effect immediately upon its adoption.

Section 7. CERTIFICATION
That the City Clerk shall certify to the passage and adoption of this Resolution, enter the same in the book for original reso lutions 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 Resolution is passed and adopted.

A.8.a
Packet Pg. 75
Attachment: Resolution CAPP AND ARPA FUNDING [Revision 2] (6372 : APPROVE THE ACCEPTANCE OF CALIFORNIA ARREARAGE 5 Resolution No. 2023-XX
Date Adopt
ed: September 05, 2023
APPROVED AND ADOPTED this 5th day of September, 2023.
_______________________________
Ulises Cabrera, Mayor
City of Moreno Valley
ATTEST:
____________________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
____________________________________
Steven B. Quintanilla, Interim City Attorney
A.8.a
Packet Pg. 76
Attachment: Resolution CAPP AND ARPA FUNDING [Revision 2] (6372 : APPROVE THE ACCEPTANCE OF CALIFORNIA ARREARAGE 6 Resolution No. 2023-XX
Date Adopt
ed: September 05, 2023
A.8.a
Packet Pg. 77
Attachment: Resolution CAPP AND ARPA FUNDING [Revision 2] (6372 : APPROVE THE ACCEPTANCE OF CALIFORNIA ARREARAGE 7 Resolution No. 2023-XX
Date Adopt
ed: September 05, 2023

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2023-XX was dul y and regularly adopted by the City Council of the City of Moreno Valley at a re gular meeting thereof held on the 5 th day of
September, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________

CITY CLERK
(SEAL)
A.8.a
Packet Pg. 78
Attachment: Resolution CAPP AND ARPA FUNDING [Revision 2] (6372 : APPROVE THE ACCEPTANCE OF CALIFORNIA ARREARAGE

Report to City Council

ID#6220 Page 1
TO: Mayor and City Council

FROM: Michael Lloyd, Assistant City Manager (Development)

AGENDA DATE: September 5, 2023

TITLE: APPROVE RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF MORENO VALLEY, CALIFORNIA, RATIFYING

THE ATTESTATION OF VERACITY SUBMITTED TO THE
CALIFORNIA ENERGY COMMISSION FOR THE 2022

POWER SOURCE DISCLOSURE PROGRAM ANNUAL
REPORT

RECOMMENDED ACTION
Recommendation:

1. Approve Resolution No. 2023 -XX. A Resolution of the City Council of the City of Moreno Valley, California, Ratifying the Attestation of Veracity submitted to the California Energy Commission for the 2022 Power Source Disclosure Program Annual Report.

SUMMARY

Staff recommends that the City Council ratify the submission to the California Energy Commission (CEC) of an attestation of the veracity of the 2022 Power Source Disclosure Program Annual Report. This attestation of veracity is required under Senate Bill 1305.

DISCUSSION

Under state law (Public Utilities Code Sections 398.4 and 398.5), retail suppliers of electricity must annually disclose the electricity sources for their sales to their customers in the form of a Power Content Label. This information must also be submitted to the CEC by June 1 each year in the form of a Power Source Disclosure Report. Article 5 was amended to include the submission of an independent audit report by October 1 each year. In lieu of an independent audit and verification, an authorized agent of the City may submit to the CEC, under penalty of perjury, an attestation confirming the A.9
Packet Pg. 79

accuracy of the annual report. The CEC requires that the submission of the attestation be approved by the City Council at a public meeting.

The City of Moreno Valley’s 2022 Power Source Disclosure Program Annual Report was submitted to the CEC by June 1, 2023, inclusive of the staff attestation, and will provide the required information to its customers by posting the Power Content Label on its website and sending an email blast. A copy of the 2022 Power Source Disclosure Program Annual Report is attached to Resolution No. 2023-XX as Exhibit A.

ALTERNATIVES

1. Approve Resolution No. 2023-XX, ratifying the attestation of veracity submitted to the CEC for the 2022 Power Source Disclosure Program Annual Report.

Approval of this Resolution complies with the requirements of California Public Utilities Code Sections 398.4 and 398.5. Staff recommends this alternative.

2. Do not approve Resolution No. 2023 -XX, ratifying the attestation of veracity submitted to the CEC for the 2022 Power Source Disclosure Program Annual Report. This will not comply with the requirements of California Public Utilities Code Sections 398.4 and 398.5. Staff does not recommend this alternative.

FISCAL IMPACT

There is no cost to the City for approval of the Resolution.

NOTIFICATION

Publication of the Agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Dean Ayer Melissa Walker, P.E.

Sr. Management Analyst Public Works Director/City Engineer

Concurred By:

Michael Lloyd
Assistant City Manager (Development)

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety
A.9
Packet Pg. 80

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

Objective 4.1: Develop a Moreno Valley Utility Strategic Plan to prepare for the 20 22 expiration of the ENCO Utility Systems agreement.

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

1. MVU 2022 PSD Annual Report

2. Resolution Power Source Disclosure 09052023

APPROVALS

Budget Officer Approval ✓ Approved . 8/27/23 9:29 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 8/28/23 8:39 AM A.9
Packet Pg. 81
Version: April 2023
214,684
71,660
143,024
-
-
-
71,660
61,214

0.2851

DIRECTLY DELIVERED RENEWABLES
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID N/A EIA ID
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions (in MT
CO2e) N/A
RE Astoria 2 Solar CA W4931 62691A 59977 6193 6,193 6,193 - - Whitney Point Solar, LLC Solar CA W5441 61186A 60975 12,289 12,289 12,289 - - Antelope Expansion 3A Solar CA W10928 64095A 62673 52,302 52,302 52,302 - - City of Moreno Valley - City Hall Solar Carport Solar CA W7208 63790A P258 876 876 876 - - - - #N/A - - #N/A - - #N/A - - #N/A - - #N/A - - #N/A

FIRMED-AND-SHAPED IMPORTS
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID
EIA ID of
REC
Source
EIA ID of
Substitute
Power
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e)
Eligible for
Grandfathered
Emissions?
- - #N/A - - #N/A - - #N/A - - #N/A - - #N/A

SPECIFIED NON-RENEWABLE PROCUREMENTS
Facility Name Fuel Type
State or
Province N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
- - #N/A - - #N/A - - #N/A - - #N/A - - #N/A - - #N/A - - #N/A - - #N/A - - #N/A

PROCUREMENTS FROM ASSET-CONTROLLING SUPPLIERS
Facility Name Fuel Type N/A N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
- #N/A
- #N/A
- #N/A
- #N/A
END USES OTHER THAN RETAIL SALES MWh
GHG Emissions Intensity (in MT CO2e/MWh)
Net Specified Natural Gas
Net Specified Coal & Other Fossil Fuels
Net Specified Nuclear, Large Hydro, Renewables, and ACS Power GHG Emissions (excludes grandfathered emissions)
Retail Sales (MWh)
Net Specified Procurement (MWh)
Unspecified Power (MWh)
Procurement to be adjusted
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31, 2022

CITY OF MORENO VALLEY
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report.

Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out. For EIA IDs for unspecified power or specified system mixes from asset-controlling suppliers, enter "Unspecified Power", "BPA", or "Tacoma Power" as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in cell N9. Unbundled RECs must not be entered on Schedule 1; these products must be entered on Schedule 2. At the bottom portion of the schedule, provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or municipal street lighting. Amounts should be in megawatt-hours.

A.9.a
Packet Pg. 82
Attachment: MVU 2022 PSD Annual Report (6220 : APPROVE RESOLUTION RATIFYING ATTESTATION Version: April 2023
-

RETIRED UNBUNDLED RECS
Facility Name Fuel Type
State or
Province RPS ID Total Retired (in MWh)
Total Retired Unbundled RECs
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 2: RETIRED UNBUNDLED RECS
For the Year Ending December 31, 2022

CITY OF MORENO VALLEY
INSTRUCTIONS: Enter information about retired unbundled RECs associated with this electricity portfolio. Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto- populate as needed and should not be filled out.

A.9.a
Packet Pg. 83
Attachment: MVU 2022 PSD Annual Report (6220 : APPROVE RESOLUTION RATIFYING ATTESTATION OF VERACITY OF PSD) Version: April 2023
Adjusted Net
Procured (MWh)
Percent of Total
Retail Sales
Renewable Procurements 71,660 33.4% Biomass & Biowaste - 0.0% Geothermal - 0.0%
Eligible Hydroelectric - 0.0% Solar 71,660 33.4%
Wind - 0.0%
Coal - 0.0%
Large Hydroelectric - 0.0% Natural gas - 0.0%
Nuclear - 0.0%
Other - 0.0%
Unspecified Power 143,024 66.6%
Total 214,684 100.0%
214,684
629

0.0%
Total Retail Sales (MWh)
GHG Emissions Intensity (converted to lbs CO2e/MWh)
Percentage of Retail Sales Covered by Retired Unbundled RECs
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 3: POWER CONTENT LABEL DATA
For the Year Ending December 31, 2022

CITY OF MORENO VALLEY
Instructions: No data input is needed on this schedule. Retail suppliers should use these auto-populated calculations to fill out their Power Content Labels.

A.9.a
Packet Pg. 84
Attachment: MVU 2022 PSD Annual Report (6220 : APPROVE RESOLUTION RATIFYING ATTESTATION OF VERACITY OF PSD) Version: April 2023
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT

ATTESTATION FORM
For the Year Ending December 31, 2022

CITY OF MORENO VALLEY
I, Jeannette Olko, Electric Utility Division Manager, declare under penalty of perjury, that the information provided in this report is true and correct and that I, as an authorized agent of the City of Moreno Valley, have authority to submit this report on the retail supplier's behalf. I further declare that all of the electricity claimed as specified purchases as shown in this report was sold once and only once to retail customers.

Name: Jeannette Olko
Representing (Retail Supplier): City of Moreno Valley
Signature: __________________________________________________________ Dated: May 15, 2023
Executed at: Moreno Valley, CA
A.9.a
Packet Pg. 85
Attachment: MVU 2022 PSD Annual Report (6220 : APPROVE RESOLUTION RATIFYING ATTESTATION OF VERACITY OF PSD) Attachment 1
1 Resolution No. 2023-XX
Date Adopted: September 05, 2023
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, RATIFYING THE

ATTESTATION OF VERACITY TO BE SUBMITTED TO
THE CALIFORNIA ENERGY COMMISSION FOR THE 20 22

POWER SOURCE DISCLOSURE PROGRAM ANNUAL
REPORT

WHEREAS, the City of Moreno Valley (the “City”), a municipal corporation, is authorized under various provisions of the California Constitution and the general laws of California (including specifically, Article XI, Section 9(a) of the California Constitution, Public Utilities Code (“PUC”) Section 10004, and Government Code Section 39732(a) to establish, purchase, and operate a public utility to furnish its inhabitants with, among other things, electricity; and
WHEREAS, the City operates a municipal electric utili ty (“Moreno Valley Utility” or “MVU”); and
WHEREAS, as a municipal electric utility, MVU is generally subject to the legislative and regulatory requirements applicable to local publicly owned electric utilities (“POUs”); and
WHEREAS, Senate Bill 1305, as a mended by Assembly Bill 162, requires retail suppliers of electricity to disclose sources of energy being used to the California Energy Commission (“CEC”) and to consumers in the form of the Power Source Disclosure Program Annual Report and the Annual Power Content Label; and WHEREAS, the 20 22 Power Source Disclosure Program Annual Report and Annual Power Content Label was submitted to the CEC by June 01, 20 23, and the Annual Power Content Label will be posted on the City’s website for consumers to review; and
WHEREAS, the 2022 Power Source Disclosure Program Annual Report includes an attestation from an authorized agent of the City, under penalty of perjury, confirming the accuracy of the information provided.

NOW, THEREFORE, THE CITY COUNCIL OF THE CIT Y OF MORENO

VALLEY, CALIFORNIA, DOES HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS:

A.9.b
Packet Pg. 86
Attachment: Resolution Power Source Disclosure 09052023 (6220 : APPROVE RESOLUTION RATIFYING ATTESTATION OF VERACITY OF PSD) 2 Resolution No. 2023-XX
Date Adopted: September 05, 2023

1. The City Council hereby ratifies the 20 22 Power Source Disclosure Program Annual Report, attached to this Resolution as Exhibit A (incorporated herein by reference).

2. The City Clerk shall certify to the adoption of this Resolution.

3. The Resolution shall take effect immediately upon its adoption.

APPROVED AND ADOPTED this 5th day of September 2023.

___________________________
Mayor of the City of Moreno Valley

ATTEST:

____________________________
City Clerk

APPROVED AS TO FORM:

____________________________
City Attorney

A.9.b
Packet Pg. 87
Attachment: Resolution Power Source Disclosure 09052023 (6220 : APPROVE RESOLUTION RATIFYING ATTESTATION OF VERACITY OF PSD) 3 Resolution No. 2023-XX
Date Adopted: September 05, 2023

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2023-XX was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 5th day of September 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

___________________________________

CITY CLERK

(SEAL)

A.9.b
Packet Pg. 88
Attachment: Resolution Power Source Disclosure 09052023 (6220 : APPROVE RESOLUTION RATIFYING ATTESTATION OF VERACITY OF PSD)

Report to City Council

ID#6329 Page 1
TO: Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: September 5, 2023

TITLE: PURSUANT TO LANDOWNER PETITIONS, ANNEX

CERTAIN PARCELS INTO COMMUNITY FACILITIES
DISTRICT NO. 2021 -01 (PARKS MAINTENANCE) -
AMENDMENT NOS. 90, 93, 100, 102, 105, 108, AND 110 -
113 (RESO. NOS. CSD 2023-___ TO CSD 2023-__)

RECOMMENDED ACTION
Recommendation:

1. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 90) (Jose Guadalupe Guzman Plata and Gisela Morales, located at 12671 and 12673 Sunnymeadows Dr.).

2. Adopt Resolution No. CSD 2023-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 93) (Moss San Bernardino Properties, located at the northwest corner of Eucalyptus Ave. and Auto Mall Dr.).

3. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 100) (Eduardo J. Pinzon, Marina C. Pinzon, and Jennifer Elizabeth Pinzon, located at 21236 Shakespeare Ct.).

B.4
Packet Pg. 89

4. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 102) ( Angel Salgado Alvarez , located at 13669 Phyllis Ave.).

5. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 105) ( Serrano Esther Living Rev Trust DTD 3/25/22 and Esther Serrano, located at 11910 Venetian Dr.).

6. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 108) (LCG MVD, located at the northeast corner of Heacock St. and Hemlock Ave.).

7. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 110) ( Eddie Gomez , located at 11129 Red Hill Rd.).

8. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 111) (James Taylor Suchy, located at 15864 Alisa Viejo Ct.).

9. Adopt Resolution No. CSD 2023 -61, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 112) ( 13790 Mangowood Drive Land Trust and Kathryn L. Durocher, located at 13788 and 13790 Mangowood Dr.).

10. Adopt Resolution No. CSD 2023 -62, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley , California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for B.4
Packet Pg. 90

said District (Amendment No. 113) ( Juan O. Hernandez, located at 25596 Jonestown Dr.).

SUMMARY

Adoption of the resolution s (Attachments 1-10) will certify the annexation of 10 parcels into Community Facilities District (CFD) No. 2021-01 ( Parks Maintenance) (“District”).

This action impacts only the property owners identified below, not the general citizens or taxpayers of the City.

DISCUSSION

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

Property Owner
Project
ACP Record #s
Amendment
No. APN(s) Location
Jose Guadalupe Guzman Plata
and Gisela Morales
Accessory Dwelling Unit (ADU) & Jr. ADU
BFR23-0009/BFR23-0010/SCP23-0009
90 292-041-006 12671 and 12673
Sunnymeadows Dr.

Moss San Bernardino Properties
Moss Bros. Jeep
PEN22-0039/SCP23-0015
93 488-390-005

Northwest corner of
Eucalyptus Ave.
and Auto Mall Dr.

Eduardo J. Pinzon, Marina C. Pinzon
and Jennifer Elizabeth Pinzon
Accessory Dwelling Unit (ADU)
BFR22-0255/SCP23-0017
100

256-272-013

21236 Shakespeare Ct.

Angel Salgado Alvarez
Accessory Dwelling Unit (ADU)
BFR22-0239/SCP22-0125
102 291-161-009 13669 Phyllis Ave.

Serrano Esther Living Rev Trust DTD
3/25/22 and Esther Serrano
Accessory Dwelling Unit (ADU)
BFR23-0035/SCP23-0026
105

474-644-001

11910 Venetian Dr.

LCG MVD
7-Eleven Gas Station
& Convenience Store
PEN21-0096/SCP23-0028
108 481-020-036 Northeast corner of Heacock St.
and Hemlock Ave.

Eddie Gomez
Accessory Dwelling Unit (ADU)
BFR23-0029/SCP23-0032
110 264-092-031 11129 Red Hill Rd.

James Taylor Suchy
Accessory Dwelling Unit (ADU)
BFR23-0036/SCP23-0034
111 304-220-054 15864 Alisa Viejo Ct.

B.4
Packet Pg. 91

Property Owner
Project
ACP Record #s
Amendment
No. APN(s) Location
13790 Mangowood Drive Land Trust
and Kathryn L. Durocher
Accessory Dwelling Unit (ADU) & Jr. ADU
BFR23-0077/BFR23-0110/SCP23-0042
112 479-653-004 13788 and 13790
Mangowood Dr.

Juan O. Hernandez
Accessory Dwelling Unit (ADU)
BFR23-0041/SCP23-0045
113 484-143-007 25596 Jonestown Dr

On June 1, 2021, the CSD Board formed CFD No. 2021 -01, pursuant to the Mello-Roos Community Facilities Act of 1982. The District was created to provide the development community with an alternative funding tool to mitigate the impacts of their proposed development. If a property owner elects to annex the parcels of their development into the District, they also authorize the CSD to annually levy a special tax, collected on the annual property tax bill, against property in the development project. Thus, satisfying the condition of approval.

On December 21, 2021 , the CSD Board adopted Ordinance No. 56, which designated the entire territory of the City as a future annexation area for the District. With the future annexation area designated, annexations can occur without an additional public hearing as long as the annexing landowner provides unanimous consent. Once annexed, parcels are subject to the annual special tax to fund the service they are receiving.

An applicant has two options to satisfy the condition(s) of approval:

1. The property owner s ubmits a Landowner Petition unanimously approving annexation of the property into the District. Approval of the petition and special tax rate allows the City to annually levy the special tax on the property tax bill of the property. This option is only available if there are fewer than 12 registered voters living within the proposed annexation area; or

2. The applicant funds an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation and provides for the ongoing operation and maintenance of parks facilities.

The Property Owners listed above elected to annex their property into CFD No. 2021-01 and have the special tax applied to the annual property tax bill. The Office of the Riverside County Registrar of Voters confirmed the number of registered voters residing at each property, allowing a special election of the landowner. Adoption of the resolutions (Attachments 1-10) amends the District and adds the property to the tax rate area identified in the Fiscal Impact section of this report . The resolutions also direct the recordation of the boundary map s (Attachments 11-20) and amended notice of special tax lien s for the amendments. The Election Official confirmed the Property Owner s B.4
Packet Pg. 92

unanimously approved the annexation of their property into the District (Attachments 21- 30).

ALTERNATIVES

1. Adopt the resolutions. Staff recommends this alternative since it will annex the propert ies into CFD No. 2021-01 at the request of the Property Owners and satisfy the condition of approval for the proposed developments.

2. Do not adopt the resolution s. Staff does not recommend this alternative because it is contrary to the request of the Property Owner s, will not satisfy the condition of approval, and may delay development of the projects.

3. Do not adopt the resolution s but rather continue the item to a future regularly scheduled City Council meeting. Staff does not recommend this alternative as it will delay the Property Owner s from satisfying the condition of approval and may delay development of the projects.

FISCAL IMPACT

Revenue received from the special tax is restricted and can only be used to fund the services for each tax rate area within the District. The special tax can only be applied to a property tax bill of a parcel wherein the qualified electors (i.e., landowners or registered voters, depending upon the number of registered voters) have previously provided approval. If the projected revenue from the maximum special tax exceeds what is necessary to fund the services within the tax rate area, a lower amount will be applied to the property tax bill for all of the properties within the affected tax rate area. The maximum special tax rates are detailed below.

Property Owner
Project
ACP Record #s
Amendment
No. Property Type
FY 2023/24
Maximum
Special Tax Rate
Jose Guadalupe Guzman Plata
and Gisela Morales
Accessory Dwelling Unit (ADU) & Jr. ADU
BFR23-0009/BFR23-0010/SCP23-0009
90 Single Family $335.22/unit
Moss San Bernardino Properties
Moss Bros. Jeep
PEN22-0039/SCP23-0015
93 Commercial $21.49/1,000 feet of
Building Square Footage
Eduardo J. Pinzon, Marina C. Pinzon,
and Jennifer Elizabeth Pinzon
Accessory Dwelling Unit (ADU)
BFR22-0255/SCP23-0017
100 Single Family $335.22/unit
B.4
Packet Pg. 93

Property Owner
Project
ACP Record #s
Amendment
No. Property Type
FY 2023/24
Maximum
Special Tax Rate
Angel Salgado Alvarez
Accessory Dwelling Unit (ADU)
BFR22-0239/SCP22-0125
102 Single Family $335.22/unit
Serrano Esther Living Rev Trust DTD 3/25/22
and Esther Serrano
Accessory Dwelling Unit (ADU)
BFR23-0035/SCP23-0026
105 Single Family $335.22/unit

LCG MVD
7-Eleven Gas Station
& Convenience Store
PEN21-0096/SCP23-0028
108 Commercial $21.49/1,000 feet of
Building Square Footage
Eddie Gomez
Accessory Dwelling Unit (ADU)
BFR23-0029/SCP23-0032
110 Single Family $335.22/unit
James Taylor Suchy
Accessory Dwelling Unit (ADU)
BFR23-0036/SCP23-0034
111 Single Family $335.22/unit
13790 Mangowood Drive Land Trust
and Kathryn L. Durocher
Accessory Dwelling Unit (ADU) & Jr. ADU
BFR23-0077/BFR23-0110/SCP23-0042
112 Single Family $335.22/unit
Juan O. Hernandez
Accessory Dwelling Unit (ADU)
BFR23-0041/SCP23-0045
113 Single Family $335.22/unit

The maximum special tax rate is subject to an annual inflation adjustment based on the change in the Consumer Price Index (CPI) or five percent (5%), whichever is greater.

However, the annual adjustment cannot be applied unless the CSD Board annually authorizes such adjustment. The increase to the maximum special tax rate cannot exceed the annual inflationary adjustment without a two -thirds approval of the qualified electors within the affected tax rate area.

NOTIFICATION

The Landowner Petitions were emailed to the Property Owner s on June 27, 2023, July 19, 2023, August 2, 2023, August 9, 2023 and August 17, 2023.

PREPARATION OF STAFF REPORT

Prepared by: Department Head Approval:

Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager

B.4
Packet Pg. 94

Concurred by:

Jeremy Bubnick
Parks & Community Services Director

CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

Objective 4.2: Develop and maintain a comprehensive Infrastructure Plan to invest in and deliver City infrastructure.

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

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

1. Resolution Ordering Annexation - Amendment No. 90

2. Resolution Ordering Annexation - Amendment No. 93

3. Resolution Ordering Annexation - Amendment No. 100

4. Resolution Ordering Annexation - Amendment No. 102

5. Resolution Ordering Annexation - Amendment No. 105

6. Resolution Ordering Annexation - Amendment No. 108

7. Resolution Ordering Annexation - Amendment No. 110

8. Resolution Ordering Annexation - Amendment No. 111
B.4
Packet Pg. 95

9. Resolution Ordering Annexation - Amendment No. 112

10. Resolution Ordering Annexation - Amendment No. 113

11. Boundary Map - Amendment No. 90

12. Boundary Map - Amendment No. 93

13. Boundary Map - Amendment No. 100

14. Boundary Map - Amendment No. 102

15. Boundary Map - Amendment No. 105

16. Boundary Map - Amendment No. 108

17. Boundary Map - Amendment No. 110

18. Boundary Map - Amendment No. 111

19. Boundary Map - Amendment No. 112

20. Boundary Map - Amendment No. 113

21. Certificate of Election Official - Amendment No. 90

22. Certificate of Election Official - Amendment No. 93

23. Certificate of Election Official - Amendment No. 100

24. Certificate of Election Official - Amendment No. 102

25. Certificate of Election Official - Amendment No. 105

26. Certificate of Election Official - Amendment No. 108

27. Certificate of Election Official - Amendment No. 110

28. Certificate of Election Official - Amendment No. 111

29. Certificate of Election Official - Amendment No. 112

30. Certificate of Election Official - Amendment No. 113

APPROVALS

Budget Officer Approval ✓ Approved . 8/24/23 1:04 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 8/28/23 8:40 AM B.4
Packet Pg. 96

1 Resolution No. 2023-___
Date Adopted: September 5, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 90 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.a
Packet Pg. 97
Attachment: Resolution Ordering Annexation - Amendment No. 90 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.a
Packet Pg. 98
Attachment: Resolution Ordering Annexation - Amendment No. 90 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

APPROVED AND ADOPTED this 5th day of September 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.a
Packet Pg. 99
Attachment: Resolution Ordering Annexation - Amendment No. 90 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

4 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.a
Packet Pg. 100
Attachment: Resolution Ordering Annexation - Amendment No. 90 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

5 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT A

List of Annexation Parcel(s)
Amendment Map No. Assessor's Parcel Number
90 292-041-006

B.4.a
Packet Pg. 101
Attachment: Resolution Ordering Annexation - Amendment No. 90 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

6 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT B

Boundary Map Amendment

B.4.a
Packet Pg. 102
Attachment: Resolution Ordering Annexation - Amendment No. 90 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

1 Resolution No. 2023-___
Date Adopted: September 5, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 93 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.b
Packet Pg. 103
Attachment: Resolution Ordering Annexation - Amendment No. 93 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.b
Packet Pg. 104
Attachment: Resolution Ordering Annexation - Amendment No. 93 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

APPROVED AND ADOPTED this 5th day of September 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.b
Packet Pg. 105
Attachment: Resolution Ordering Annexation - Amendment No. 93 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

4 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.b
Packet Pg. 106
Attachment: Resolution Ordering Annexation - Amendment No. 93 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

5 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT A

Amendment Map No. Assessor's Parcel Number
93 488-390-005
List of Annexation Parcel(s)
B.4.b
Packet Pg. 107
Attachment: Resolution Ordering Annexation - Amendment No. 93 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

6 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT B

Boundary Map Amendment

B.4.b
Packet Pg. 108
Attachment: Resolution Ordering Annexation - Amendment No. 93 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

1 Resolution No. 2023-___
Date Adopted: September 5, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 100 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.c
Packet Pg. 109
Attachment: Resolution Ordering Annexation - Amendment No. 100 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.c
Packet Pg. 110
Attachment: Resolution Ordering Annexation - Amendment No. 100 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

APPROVED AND ADOPTED this 5th day of September 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.c
Packet Pg. 111
Attachment: Resolution Ordering Annexation - Amendment No. 100 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

4 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.c
Packet Pg. 112
Attachment: Resolution Ordering Annexation - Amendment No. 100 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

5 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT A

List of Annexation Parcel(s)
Amendment Map No. Assessor's Parcel Number
100 256-272-013
B.4.c
Packet Pg. 113
Attachment: Resolution Ordering Annexation - Amendment No. 100 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

6 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT B

Boundary Map Amendment

B.4.c
Packet Pg. 114
Attachment: Resolution Ordering Annexation - Amendment No. 100 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

1 Resolution No. 2023-___
Date Adopted: September 5, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 102 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.d
Packet Pg. 115
Attachment: Resolution Ordering Annexation - Amendment No. 102 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.d
Packet Pg. 116
Attachment: Resolution Ordering Annexation - Amendment No. 102 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

APPROVED AND ADOPTED this 5th day of September 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.d
Packet Pg. 117
Attachment: Resolution Ordering Annexation - Amendment No. 102 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

4 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.d
Packet Pg. 118
Attachment: Resolution Ordering Annexation - Amendment No. 102 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

5 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT A

List of Annexation Parcel(s)
Amendment Map No. Assessor's Parcel Number
102 291-161-009
B.4.d
Packet Pg. 119
Attachment: Resolution Ordering Annexation - Amendment No. 102 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

6 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT B

Boundary Map Amendment

B.4.d
Packet Pg. 120
Attachment: Resolution Ordering Annexation - Amendment No. 102 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

1 Resolution No. 2023-___
Date Adopted: September 5, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 105 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.e
Packet Pg. 121
Attachment: Resolution Ordering Annexation - Amendment No. 105 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.e
Packet Pg. 122
Attachment: Resolution Ordering Annexation - Amendment No. 105 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

APPROVED AND ADOPTED this 5th day of September 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.e
Packet Pg. 123
Attachment: Resolution Ordering Annexation - Amendment No. 105 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

4 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.e
Packet Pg. 124
Attachment: Resolution Ordering Annexation - Amendment No. 105 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

5 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT A

List of Annexation Parcel(s)
Amendment Map No. Assessor's Parcel Number
105 474-644-001

B.4.e
Packet Pg. 125
Attachment: Resolution Ordering Annexation - Amendment No. 105 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

6 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT B

Boundary Map Amendment

B.4.e
Packet Pg. 126
Attachment: Resolution Ordering Annexation - Amendment No. 105 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

1 Resolution No. 2023-___
Date Adopted: September 5, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 108 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.f
Packet Pg. 127
Attachment: Resolution Ordering Annexation - Amendment No. 108 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.f
Packet Pg. 128
Attachment: Resolution Ordering Annexation - Amendment No. 108 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

APPROVED AND ADOPTED this 5th day of September 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.f
Packet Pg. 129
Attachment: Resolution Ordering Annexation - Amendment No. 108 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

4 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.f
Packet Pg. 130
Attachment: Resolution Ordering Annexation - Amendment No. 108 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

5 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT A

List of Annexation Parcel(s)
Amendment Map No. Assessor's Parcel Number
108 481-020-036

B.4.f
Packet Pg. 131
Attachment: Resolution Ordering Annexation - Amendment No. 108 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

6 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT B

Boundary Map Amendment

B.4.f
Packet Pg. 132
Attachment: Resolution Ordering Annexation - Amendment No. 108 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

1 Resolution No. 2023-___
Date Adopted: September 5, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 110 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.g
Packet Pg. 133
Attachment: Resolution Ordering Annexation - Amendment No. 110 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.g
Packet Pg. 134
Attachment: Resolution Ordering Annexation - Amendment No. 110 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

APPROVED AND ADOPTED this 5th day of September 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.g
Packet Pg. 135
Attachment: Resolution Ordering Annexation - Amendment No. 110 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

4 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.g
Packet Pg. 136
Attachment: Resolution Ordering Annexation - Amendment No. 110 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

5 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT A

List of Annexation Parcel(s)
Amendment Map No. Assessor's Parcel Number
110 264-092-031

B.4.g
Packet Pg. 137
Attachment: Resolution Ordering Annexation - Amendment No. 110 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

6 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT B

Boundary Map Amendment

B.4.g
Packet Pg. 138
Attachment: Resolution Ordering Annexation - Amendment No. 110 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

1 Resolution No. 2023-___
Date Adopted: September 5, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 111 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.h
Packet Pg. 139
Attachment: Resolution Ordering Annexation - Amendment No. 111 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.h
Packet Pg. 140
Attachment: Resolution Ordering Annexation - Amendment No. 111 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

APPROVED AND ADOPTED this 5th day of September 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.h
Packet Pg. 141
Attachment: Resolution Ordering Annexation - Amendment No. 111 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

4 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.h
Packet Pg. 142
Attachment: Resolution Ordering Annexation - Amendment No. 111 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

5 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT A

List of Annexation Parcel(s)
Amendment Map No. Assessor's Parcel Number
111 304-220-054
B.4.h
Packet Pg. 143
Attachment: Resolution Ordering Annexation - Amendment No. 111 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

6 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT B

Boundary Map Amendment

B.4.h
Packet Pg. 144
Attachment: Resolution Ordering Annexation - Amendment No. 111 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

1 Resolution No. 2023-___
Date Adopted: September 5, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 112 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.i
Packet Pg. 145
Attachment: Resolution Ordering Annexation - Amendment No. 112 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.i
Packet Pg. 146
Attachment: Resolution Ordering Annexation - Amendment No. 112 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

APPROVED AND ADOPTED this 5th day of September 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.i
Packet Pg. 147
Attachment: Resolution Ordering Annexation - Amendment No. 112 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

4 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.i
Packet Pg. 148
Attachment: Resolution Ordering Annexation - Amendment No. 112 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

5 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT A
List of Annexation Parcel(s)
Amendment Map No. Assessor's Parcel Number
112 479-653-004
B.4.i
Packet Pg. 149
Attachment: Resolution Ordering Annexation - Amendment No. 112 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

6 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT B

Boundary Map Amendment

B.4.i
Packet Pg. 150
Attachment: Resolution Ordering Annexation - Amendment No. 112 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

1 Resolution No. 2023-___
Date Adopted: September 5, 2023
RESOLUTION NO. 2023-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT

WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021 -01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non -exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, h as submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 113 to Boundaries of Community Facilities District No. 20 21-01 (Parks Maintenance ), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California ” which is included as Exhibit B to this Resolution , and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

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

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

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

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

B.4.j
Packet Pg. 151
Attachment: Resolution Ordering Annexation - Amendment No. 113 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

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

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

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

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

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

6. This Resolution shall be effective immediately upon adoption.

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

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

B.4.j
Packet Pg. 152
Attachment: Resolution Ordering Annexation - Amendment No. 113 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

APPROVED AND ADOPTED this 5th day of September 2023.

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

ATTEST:

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

APPROVED AS TO FORM:

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

B.4.j
Packet Pg. 153
Attachment: Resolution Ordering Annexation - Amendment No. 113 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

4 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

RESOLUTION JURAT

I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-____ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.4.j
Packet Pg. 154
Attachment: Resolution Ordering Annexation - Amendment No. 113 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

5 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT A

List of Annexation Parcel(s)
Amendment Map No. Assessor's Parcel Number
113 484-143-007
B.4.j
Packet Pg. 155
Attachment: Resolution Ordering Annexation - Amendment No. 113 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

6 Resolution No. CSD 2023-___
Date Adopted: September 5, 2023

EXHIBIT B

Boundary Map Amendment

B.4.j
Packet Pg. 156
Attachment: Resolution Ordering Annexation - Amendment No. 113 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN B.4.k
Packet Pg. 157
Attachment: Boundary Map - Amendment No. 90 (6329 : PURSUANT TO LANDOWNER PETITIONS,

DEEP VALLEY TRL

MORENO BEACH DRMORENO BEACH DRPETTIT ST
B.4.l
Packet Pg. 158
Attachment: Boundary Map - Amendment No. 93 (6329 : PURSUANT TO LANDOWNER PETITIONS, B.4.m
Packet Pg. 159
Attachment: Boundary Map - Amendment No. 100 (6329 : PURSUANT TO LANDOWNER PETITIONS, B.4.n
Packet Pg. 160
Attachment: Boundary Map - Amendment No. 102 (6329 : PURSUANT TO LANDOWNER PETITIONS, B.4.o
Packet Pg. 161
Attachment: Boundary Map - Amendment No. 105 (6329 : PURSUANT TO LANDOWNER PETITIONS, B.4.p
Packet Pg. 162
Attachment: Boundary Map - Amendment No. 108 (6329 : PURSUANT TO LANDOWNER PETITIONS, B.4.q
Packet Pg. 163
Attachment: Boundary Map - Amendment No. 110 (6329 : PURSUANT TO LANDOWNER PETITIONS, B.4.r
Packet Pg. 164
Attachment: Boundary Map - Amendment No. 111 (6329 : PURSUANT TO LANDOWNER PETITIONS, B.4.s
Packet Pg. 165
Attachment: Boundary Map - Amendment No. 112 (6329 : PURSUANT TO LANDOWNER PETITIONS, B.4.t
Packet Pg. 166
Attachment: Boundary Map - Amendment No. 113 (6329 : PURSUANT TO LANDOWNER PETITIONS, B.4.u
Packet Pg. 167
Attachment: Certificate of Election Official - Amendment No. 90 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.v
Packet Pg. 168
Attachment: Certificate of Election Official - Amendment No. 93 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.w
Packet Pg. 169
Attachment: Certificate of Election Official - Amendment No. 100 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.x
Packet Pg. 170
Attachment: Certificate of Election Official - Amendment No. 102 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.y
Packet Pg. 171
Attachment: Certificate of Election Official - Amendment No. 105 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.z
Packet Pg. 172
Attachment: Certificate of Election Official - Amendment No. 108 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.aa
Packet Pg. 173
Attachment: Certificate of Election Official - Amendment No. 110 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.ab
Packet Pg. 174
Attachment: Certificate of Election Official - Amendment No. 111 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.ac
Packet Pg. 175
Attachment: Certificate of Election Official - Amendment No. 112 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.4.ad
Packet Pg. 176
Attachment: Certificate of Election Official - Amendment No. 113 (6329 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS

Report to City Council

ID#6350 Page 1
TO: Mayor and City Council

FROM: Sean P. Kelleher, Community Development Director

AGENDA DATE: September 5, 2023

TITLE: GATEWAY HEIGHTS 108 UNIT CONDOMINIUM PROJECT

RECOMMENDED ACTION
Recommendations: That the City Council:

1. ADOPT Resolution 2023-XX:

1. CERTIFYING the Initial Study/Mitigated Negative Declaration prepared for the Proposed Project consisting of General Plan Amendment (PEN20-0095), Change of Zone (PEN20 -0096), Tentative Tract Map 38459 (PEN22-0127) and Conditional Use Permit (PEN21-0066); and

2. ADOPTING the Mitigation Monitoring and Reporting Program prepared for the Mitigated Negative Declaration; and

2. ADOPT Resolution 2023-XX:

1. APPROVING General Plan Amendment ( PEN20-0095), Change of Zone (PEN20-0096), Tentative Tract Map 38459 (PEN22-0127) and Conditional Use Permit (PEN21-0066); and

3. INTRODUCE Ordinance No. [next in order]:

1. Approving Change of Zone (PEN20 -0096) and corresponding amendment to the City’s Zoning Atlas.

SUMMARY
Staff recommends approving the Proposed Project consisting of General Plan Amendment (PEN20-0095), Change of Zone (PEN20-0096), Tentative Tract Map 38459 (PEN22-0127), and Conditional Use Permit (PEN21 -0066), for the development of a 108-unit townhouse condominium project and associated amenities and public F.1
Packet Pg. 177

improvements.

DISCUSSION
The Proposed Project was considered by the Planning Commission at a duly noticed public hearing conducted on June 8, 2023, and the Planning Commission voted unanimously 4 -0 to certify and approve the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approved General Plan Amendment (PEN20-0095), Change of Zone (PEN20 -0096), Tentative Tract Map 38459 (PEN22-0127), and Conditional Use Permit (PEN21-0066) for the Proposed Project.

Proposed Project
The Proposed Project consists of a General Plan Amendment to change the existing land use designation to Residential 10 and Parks/Open Space with a Change of Zone to change the zoning designation to Residential 10 (R10) District and Open Space (OS) District, as well as a Conditional Use Permit (CUP) for a Planned Unit Development (PUD) and a Tentative Tract Map (TTM) to develop a 108 unit townhouse condominium project, on a 16.59-acre portion of 32.56-acre Project Site.

The 15.97-acre remainder parcel will either be granted to the County of Riverside by the applicant to become part of the Box Springs Mountain Reserve or will be maintained by the Homeowners Association as natural open space. Additionally, the project, as designed, will incorporate a 0.89 -acre park which will also be maintained by the Homeowners Association, but will permit public access. The project will also construct a portion of a County Flood Control Master Planned Culvert ( Master Drainage Plan Line - B) as well as other on-site and off-site improvements.

General Plan Amendment
A General Plan Amendment (GPA) application was submitted to change the land use designation of the Project Site from R2 Residential and Hillside Residential to R10 Residential and Parks/Open Space. The R10 land use designation is intended to provide for a variety of residential products and encourage innovation in housing types with amenities not generally found in suburban subdivisions, such as common open spaces and recreational areas. The primary purpose of areas designated Parks/Open Space is to provide areas that are substantially unimproved, including, but not limited to, areas for outdoor recreation and the preservation of natural resources. The proposed General Plan Designations allow for the Proposed Project to be constructed on a 16.59- acre portion of the 32.56 -acre Project Site while retaining the remainder of the Project Site as Open Space.

Change of Zone
A Change of Zone (CZ) application was submitted to rezone the Project Site from Residential 2 (R2) District and Hillside Residential (HR) District to Residential 10 (R10) District and Open Space (OS) District. Under the Proposed Project’s current Residential (R2) District, a maximum of 2.0 units per gross acre is allowed. To obtain the desired F.1
Packet Pg. 178

number of units, a change of zone is required to rezone the Project Site to Residential 10 (R10) District, which allows up to 10.0 units per gross acre.

Conditional Use Permit for a Planned Unit Development
The applicant proposes a Conditional Use Permit for a Planned Unit Development (PUD) to allow for flexible standards to address the unique characteristics of the Project Site. The PUD document (graphics and text) prepared for the Proposed Project will establish the land use regulations, development standards, and design guidelines for the tract, including the dedication of permanent open space.

The PUD document also provides guidelines for architectural themes for the townhomes that meet or exceed City-wide design standards in the Municipal Code. All development within the tract must meet the standards stated in the PUD, including plotting, setbacks, open space areas, and architecture. Additionally, the PUD provides design guidance for community entrances and perimeter fencing around the community and around the drainage areas.

Tentative Tract Map
Tentative Tract Map No. 38459 will subdivide the 32.56 gross acres of vacant and unimproved land into one 16.59-acre (common-area) lot for 108 condominium units, and one 15.97 -acre “remainder” lot for public open space. The Tentative Map would also create the interior private loop streets and dedicate the 0.89 -acre park site. All on -site streets and drainage facilities will be maintained lots by the Homeowners Association (HOA).

Site/Surrounding Area
The 32.56-acre Project Site is a vacant and unimproved pie -shaped hillside lot located on the east side of Morton Road at the northwestern City boundary. To the north, properties are located within unincorporated Riverside County and are part of the Box Springs Mountain Reserve. Properties to the east are vacant and located within the Hillside Residential (HR) District. Properties to the west are also located within unincorporated Riverside County and are designated as “Gateway Center” Specific Plan. Properties to the south are located within the Residential 5 (R5) District and Hillside Residential (HR) District and are generally developed with single-family homes.

Access/Parking
The Proposed Project’s access will be provided by Morton Road with a private loop road serving the units. The Proposed Project has been designed to exceed the minimum parking requirements, providing a two -car garage for each unit, as well as 50 guest parking spaces along the private streets.

Design/Landscaping
F.1
Packet Pg. 179

The PUD guidelines for the proposed development will include two elevation styles:

Santa Barbara and Modern Farmhouse. Each building style will have three color combinations to provide interest among the housing types.

The PUD includes typical configurations for the new homes and common area landscaping. The HOA will maintain all common area landscaping in an effort to maintain a consistent well -maintained appearance of the streetscapes within the community. The Proposed Project also includes a 0.89 -acre park that will primarily serve the local neighborhood, including adjoining developed residential areas.

REVIEW PROCESS
All appropriate outside agencies have considered the Proposed Project part of the standard review process. The Proposed Project was reviewed by the Project Review Staff Committee as required by the Municipal Code. Following subsequent revisions and reviews by staff, the Proposed Project was determined to be complete.

ENVIRONMENTAL
An Initial Study was prepared by Psomas, in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Initial Study examined the potential impacts of the Proposed Project on the environment. The Initial Study/Mitigated Negative Declaration (IS/MND) serves as the appropriate CEQA documentation for the Proposed Project. With the implementation of the proposed mitigation measures, the Proposed Project will not have a significant effect on the environment. Technical studies prepared in support of the IS/MND include the following:

Air Quality Calculations, Biological Resources Report, Jurisdictional Delineation, Rare Plant Survey Report, Burrowing Owl Survey Report, and Determination of Biologically Equivalent or Superior Preservation (DBESP) Report, Cultural Reports, Energy Calculations, Geotechnical Report, Slope Stability Report, EDR Radius Map Report, Preliminary Drainage Report, Project Specific Water Quality Management Report, Planned Unit Development, Traffic Impact Analysis, and Fire Hazard Analysis and Approach. Copies of the appendices to the IS/MND can be accessed from the link attached to this staff report. The documents can be reviewed at City Hall during operating hours.

Mitigation measures are recommended for the Proposed Project in the following areas:

Aesthetics, Biological Resources, Cultural Resources, Energy, Geology and Soils, Hazards and Hazardous Materials, Public Resources, and Tribal Cultural Resources , all of which are incorporated into the Mitigation Monitoring and Report Program (MMRP).

The measures for cultural resources have been included to address input from the Tribal governments. The measures are intended to ensure that potential resources that might be discovered are protected. However, these measures are not required to address a known significant impact. Based on the Initial Study and the proposed mitigation measures, the Proposed Project will not cause any significant impacts to the environment. In response to comments received from the California Department of Fish and Wildlife, mitigation measures have been slightly modified. These modifications do F.1
Packet Pg. 180

not result in a substantial change that would require recirculation of the environmental document.

The public comment period for the Notice of Availability of the Initial Study/Mitigated Negative Declaration began on March 2, 2023, and ended on March 31, 2023 , (State Clearing House Number 2023020680), which satisfies the required 30 -day review period required for this project.

ALTERNATIVES

1. Certify and approve the Initial Study/Mitigated Negative Declaration and the Mitigated Monitoring and Reporting Program, and approve the Proposed Project. (Staff recommends this alternative.)

2. Deny the Proposed Project. (Staff does not recommend this alternative.)

FISCAL IMPACT
The Development of the proposed project will result in an increase in property taxes received by the City. Additionally, the project will construct a portion of a County Flood Control Master Planned Culvert ( Master Drainage Plan Line -B) and an 0.89 -acre park within the development that will be owned and maintained by the Master Homeowners Association, and open to the general public for use.

NOTIFICATION
Consistent with the Municipal Code provisions, public notice was sent to all property owners of record within 600 feet of the Project Site, posted on the Project Site, and published in the Press Enterprise Newspaper.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Kirt Coury Sean P. Kelleher
Contract Planner Community Development Director

CITY COUNCIL GOALS
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
F.1
Packet Pg. 181

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. Resolution No. 2023-XX - Initial Study

2. Exhibit A to Resolution No. 2023-XX - Initial Study

3. Appendices A-G

4. Appendices H-L

5. Exhibit B to Resolution No. 2023 -XX - Notice of Intent to Adopt a Mitigated Negative Declaration

6. Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program

7. Resolution No. 2023 -XX - General Plan Amendment, Conditional Use Permit, Tentative Tract Map

8. Ordinance No. XXX - Gateway Heights

9. Gateway Heights PUD - 1 of 3

10. Gateway Heights PUD - 2 of 3

11. Gateway Heights PUD - 3 of 3

12. Project Plans

13. Aerial Map

14. Planning Commission Staff Report

15. Public Comments Presented to Planning Commission on June 8, 2023

16. Public Comment for City Council

APPROVALS

Budget Officer Approval ✓ Approved . 8/27/23 9:42 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 8/28/23 8:41 AM F.1
Packet Pg. 182
1 Resolution No. 2023-XX
September 5, 2023
RESOLUTION NUMBER 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, CERTIFYING AND ADOPTING A MITIGATED

NEGATIVE DECLARATION AND MITIGATION MONITORING AND

REPORTING PROGRAM FOR A GENERAL PLAN AMENDMENT
(PEN20-0095), CHANGE OF ZONE (PEN20 -0096), CONDITIONAL USE PERMIT (PEN21 -0066) AND TENTATIVE TRACT MAP 38459
(PEN22-0127) FOR THE DEVELOPMENT OF A 108-UNIT TOWNHOUSE

CONDOMINIUM PROJECT
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and the lead agency for the preparation and consideration of environmental documents for local projects that are subject to requirements of the California Environmental Quality Act (CEQA 1) and CEQA Guidelines2; and
WHEREAS, HengHou Group (“Applicant”) has submitted applications for the approval of General Plan Amendment (PEN20 -0095), Change of Zone (PEN20- 0096) Conditional Use Permit (PEN21-0066) and Tentative Tract Map 38459 (PEN22-0127) for the development of a 108- unit detached townhouse condominium Planned Unit Development on 32.56- acres, with associated amenities and public improvements (“Proposed Project”) located on the east side of Morton Road, approximately 300 feet north of Jennings Court (APN 256-150-001) (“Project Site”); and WHEREAS, Planning Division Staff completed an Initial Study for the Proposed Project and based on the Initial Study, recommended certification of a Mitigated Negative Declaration (“MND”) and approval of a Mitigation Monitoring and Reporting Program (“MMRP”) in accordance with Section 6 (ND Procedures) of the City’s Rules and Procedures for the Implementation of the California Environmental Quality Act and the requirements of CEQA the CEQA Guidelines Sections 15070 – 15075; and WHEREAS, a Notice of Intent to Adopt a Mitigated Negative Declaration was duly noticed and circulated for public review for a period of 30 days commencing on March 2, 2023, through March 31, 2023; and
WHEREAS, in compliance with CEQA and the CEQA Guidelines , a Mitigation Monitoring and Reporting Program (“MMRP”) that includes a program for reporting and monitoring the Proposed Projects’ mitigation measures was prepared for the Proposed Project and circulated with the Mitigated Negative Declaration; and WHEREAS, on June 8, 202 3, a public hearing was conducted by the Planning Commission and the Planning Commission approved Planning Commission Resolution No. 2023-22, recommending that the City Council certify and approve the Initial

1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387
F.1.a
Packet Pg. 183
Attachment: Resolution No. 2023-XX - Initial Study [Revision 2] (6350 : Gateway Heights Tract 38459) 2 Resolution No. 2023-XX
Date:

Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approve the Proposed Project; and
WHEREAS, on September 5, 2023, a public hearing was conducted by the City Council to consider the Mitigated Negative Declaration and, Mitigation Monitoring and Reporting Program, and the Proposed Project; and
WHEREAS, at the conclusion of the September 5, 2023, public hearing, in the exercise of its own independent judgment, the City Council determine that the Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program will reduce the environmental impacts of the Proposed Project to levels of insignificance and that there is no substantial evidence supporting a fair argument that the Proposed Project will have a significant effect on the environment.

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

Section 1. Recitals and Exhibits
That the foregoing Recitals and attached exhibits are true and correct and are hereby incorporated by this reference.

Section 2. Evidence
That the City Council has considered all the evidence submitted into the Administrative Record for the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, including, but not limited to, the following:
(a) Initial Study/ Mitigated Negative Declaration prepared for the P roposed Project, attached hereto as Exhibit A;
(b) Notice of Intent to Adopt a Mitigated Negative Declaration and Newspaper Notice, attached hereto as Exhibit B;
(c) Mitigation Monitoring and Reporting Program, attached hereto as Exhibit C; (d) Staff Report prepared for the Planning Commission’s consideration and all documents, records, and references related thereto, and Staff’s presentation at the public hearing;
(e) Testimony, comments, and correspondence from all persons that were provided at, or prior to, the June 8, 2023, Planning Commission public hearing;
(f) Planning Commission Resolution No. 2023-22, recommending that the City Council certify and approve the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approve the Proposed Project;
(g) Staff Report prepared for the City Council’s consideration and all documents, records , and references related thereto, and Staff’s presentation at the September 5, 2023, public hearing; and (h) Testimony, comments, and correspondence from all persons that were provided at, or prior to, the City Council September 5, 2023, public hearing.

F.1.a
Packet Pg. 184
Attachment: Resolution No. 2023-XX - Initial Study [Revision 2] (6350 : Gateway Heights Tract 38459) 3 Resolution No. 2023-XX
Date:

Section 3. Findings
That based on the content of the foregoing Recitals and the Evidence contained in the Administrative Record, the City Council makes the following findings:
(a) That the City Council and the City as Lead Agency has independently reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the whole record before it, including, the Initial Study and comments received; and (b) That the proposed mitigation measures will reduce all environmental impacts of the P roposed Project to levels of insignificance and there is no substantial evidence supporting a fair argument that the Proposed Project will have a significant effect on the environment; and
(c) That the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been completed in compliance with CEQA and the CEQA Guidelines consistent the City’s Rules and Procedures for the Implementation of the California Environmental Quality Act; and (d) That t he Mitigated Negative Declaration/Initial Study and Mitigation Monitoring and Reporting Program reflect the independent judgment and analysis of the City Council and the City as Lead agency for the Proposed Project; and
(e) That the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are adequate to serve as the required CEQA environmental documentation for the Proposed Project.

Section 4. Adoption
That based on the foregoing Recitals, Evidence and Findings, the City Council hereby certifies and adopts the Mitigated Negative Declaration/Initial Study attached hereto as Exhibit A and the Mitigation Monitoring and Reporting Program attached hereto as Exhibit C.

Section 5. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 6. Severability
That the City Council declares that, should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 7. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.

F.1.a
Packet Pg. 185
Attachment: Resolution No. 2023-XX - Initial Study [Revision 2] (6350 : Gateway Heights Tract 38459) 4 Resolution No. 2023-XX
Date:

Section 8. Certification
That the City Clerk for the City Council shall certify to the passage of this Resolution.

PASSED AND ADOPTED THIS 5th day of September 2023

CITY OF MORENO VALLEY

CITY COUNCIL
________________________________
Ulises Cabrera,
Mayor of the City of Moreno Valley
ATTEST:
________________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
________________________________
Steven B. Quintanilla, City Attorney
Exhibits:

Exhibit A: Mitigated Negative Declaration/Initial Study Exhibit B: Notice of Intent to Adopt a Mitigated Negative Declaration / Newspaper Notice Exhibit C: Mitigation Monitoring Plan
F.1.a
Packet Pg. 186
Attachment: Resolution No. 2023-XX - Initial Study [Revision 2] (6350 : Gateway Heights Tract 38459)

Exhibit B
Notice of Intent to Adopt a Mitigated Negative Declaration/Newspaper Notice F.1.e
Packet Pg. 187
Attachment: Exhibit B to Resolution No. 2023-XX - Notice of Intent to Adopt a Mitigated Negative Declaration (6350 : Gateway Heights Tract

CITY OF MORENO VALLEY

NOTICE OF INTENT TO ADOPT A

MITIGATED NEGATIVE DECLARATION
NOTICE IS HEREBY GIVEN that the City of Moreno Valley is considering a recommendation that the project herein identified will have no significant environmental impact in compliance with Section 15070 of the CEQA guidelines. A copy of the MITIGATED NEGATIVE DECLARATION and the ENVIRONMENTAL CHECKLIST, which supports the proposed findings, are on file at the City of Moreno Valley.

Project: General Plan Amendment (PEN20-0095)
Change of Zone (PEN20-0096);
Conditional Use Permit for a Planned Unit Development (PEN21-0066), and Tentative Tract Map No. 38459 (PEN22-0127)
Applicant: HengHou Group
Owner: Shizao Zheng
Representative: Jason Ackerman
Location: East side of Morton Road approximately 300 feet north of Jennings Court. (APN: 256-150-001) Proposal: To allow construction of a 108-unit detached townhouse Planned Unit Development with private streets, a 0.89-acre community park, and common area improvem ents on a 16.59-acre portion of 32.56 acres of vacant land.

Council District: 2
This Notice of Intent (NOI) has been prepared to notify agencies and interested parties that the City of Moreno Valley , as the Lead Agency, has prepared an Initial Study /Mitigated Negative Declaration (IS/MND) pursuant to the requirements of the California Environmental Quality Act (CEQA) to evaluate the potential environmental impacts associated with construction and operation of the project as described below.

Project Description: The Project consists of the following entitlements: General Plan Amendment (PEN20-0095) from “R2 Residential” and “Hillside Residential” to “R10 Residential” and “Open Space”; Change of Zone (PEN20 -0096) from Residential 2 ( R2) District and Hillside Residential (HR) District to Residential 10 ( R10) District and Open Space (OS) District; Conditional Use Permit (PEN21 -0066) to establish flexible standards using the P lanned Unit Development regulations for a new 108-unit detached townhouse condominium development with a 0.89-acre community park; Tentative Tract Map No. 38459 will subdivide the 32. 56 gross acres of vacant land into a 16.59-acre common-area lot with 108 air space parcels for condominium purposes and a public park and a 15.97-acre remainder open-space lot.

The Project site is not included on any list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.

Document Availability: The Initial Study/Mitigated Negative Declaration, and all documents incorporated and/or referenced therein, can be reviewed during normal business hours (7:30 a.m. to 5:30 p.m., Monday through Thursday and Friday, 7:30 a.m. to 4:30 p.m.) at the City of Moreno Valley Planning Division counter, located at 14177 Frederick Street, Moreno Valley, CA 92553. The documents may also be reviewed on the City’s website at http://www.moreno- valley.ca.us/cdd/documents/about-projects.html.

Potential Environmental Impacts: The City of Moreno Valley has prepared an Initial Study to determine the environmental effects associated with the above actions and finds the issuance of a Mitigated Negative Declaration is the appropriate level of environmental review. The Initial Study/Mitigated Negative Declaration concludes that all potentially significant impacts of the Project would be mitigated to a less than significant level.

Comment Deadline: Pursuant to Section 15105(b) of the CEQA Guidelines, the City has established a 30-day public review period for the Initial Study/Mitigated Negative Declaration, which begins March 2, 2023 and ends March 31, 2023. Written comments on the Initial Study/Mitigated Negative Declaration must be received at the City of Moreno Valley Community Development Department by no later than the conclusion of the 30-day review period, 5:30 p.m. on March 31, 2023. Written comments on the Initial Study/Mitigated Negative Declaration should be addressed to:

Luis Lopez, Contract Planner
14177 Frederick Street
Post Office Box 88005
Moreno Valley, California 92552
Phone: (951) 413-3206
Email: [email protected]
F.1.e
Packet Pg. 188
Attachment: Exhibit B to Resolution No. 2023-XX - Notice of Intent to Adopt a Mitigated Negative Declaration (6350 : Gateway Heights Tract Press-Enterprise March 2, 2023
Sean P. Kelleher Newspaper Date of Publication
Planning Official
Community Development Department
F.1.e
Packet Pg. 189
Attachment: Exhibit B to Resolution No. 2023-XX - Notice of Intent to Adopt a Mitigated Negative Declaration (6350 : Gateway Heights Tract

Exhibit C
Mitigation Monitoring and Reporting Program
F.1.f
Packet Pg. 190
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

1 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
Aesthetics
RR AES-1: The Developer shall
prepare a Lighting Plan that provides
the type and location of proposed
exterior lighting and signage, subject
to the review and approval of the
City’s Development Services
Department. All new lighting shall be
shielded and down-cast, such that the
light is not cast onto adjacent
properties or visible from above. Night
lighting shall be directed away from
the MSHCP Conservation Area to
protect species within the MSHCP
Conservation Area from direct and
indirect night lighting. Prior to approval
of the Final Design, an analysis of
potential impacts from light and glare
from interior and exterior building
lighting, safety and security lighting,
and vehicular traffic accessing the site
shall be submitted to the City for
review and approval. This analysis
shall demonstrate that due to shielded
and directional lighting in compliance
with Mt. Palomar lighting standards,
no lighting shall be introduced into the
adjacent Conservation Area. If
potential lighting impacts are
identified, the lighting design
(placement, light spectrum, and
shielding), or other design solutions
acceptable to the City of Moreno
Valley shall be implemented to
eliminate lighting impacts on the
adjacent Conservation Areas.

Shielding, including Turtle Bay type
LED lighting, shall be incorporated
into Project designs to ensure ambient
lighting in the MSHCP Conservation
Area is not increased. The Lighting
Plan shall include monitoring during
construction and post-project to
demonstrate lighting levels do not
increase in the Conservation Area. If
light standards are exceeded, the
Project Applicant is responsible for
immediate implementation of remedial
actions to reduce light levels to
acceptable levels identified in the
Lighting Plan.

Prior to
commencing
ground- or
vegetation
disturbing
activities
Project Proponent
F.1.f
Packet Pg. 191
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

2 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
Biological Resources
RR BIO-1: The Developer shall obtain
a tree removal permit from the City, if
fuel modification, grading, or other
improvements require removal of any
heritage trees. The Developer would
incorporate mitigation trees, replacing
removed heritage trees, resulting from
a tree removal permit into the
Project’s final landscape plan.

Prior to
Construction
City’s Development Services
Department

MM BIO-1: To maintain compliance
with the Migratory Bird Treaty Act
(MBTA and California Fish and Game
Code Sections 3503, 3503.5, and
3513, site preparation activities
(ground disturbance, construction
activities, staging equipment, and/or
vegetation removal activities for the
project shall be avoided, to the
greatest extent possible, during the
nesting bird season. If ground
disturbing and/or vegetation clearance
activities are scheduled to occur
during the avian nesting season, a
pre- construction nesting bird survey
shall be conducted by a qualified
biologist within the Project Site and a
500-foot buffer around the Project
Site. Surveys shall be conducted
within 3 days prior to initiation of
activity and shall be conducted
between dawn and noon. The survey
results shall be provided to the City’s
Planning Department. The Project
Applicant shall adhere to the
following:

1. Applicant shall designate a biologist
(Designated Biologist) experienced in:
identifying local and migratory bird
species of special concern;
conducting bird surveys using
appropriate survey methodology;
nesting surveying techniques,
recognizing breeding and nesting
behaviors, locating nests and
breeding territories, and identifying
nesting stages and nest success;
determining/establishing appropriate
avoidance and minimization
measures; and monitoring the efficacy
of implemented avoidance and
minimization measures.

Prior to
commencing
ground- or
vegetation
disturbing
activities
Project Proponent
F.1.f
Packet Pg. 192
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

3 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials

2. Pre-activity field surveys shall be
conducted at the appropriate time of
day/night, during appropriate weather
conditions, no more than 3 days prior
to the initiation of Project activities.

Surveys shall encompass all suitable
areas including trees, shrubs, bare
ground, burrows, cavities, and
structures. Survey duration shall take
into consideration the size of the
Project site; density, and complexity of
the habitat; number of survey
participants; survey techniques
employed; and shall be sufficient to
ensure the data collected is complete
and accurate.

If nesting birds are not found within
the project site, site preparation and
construction activities may begin
during the nesting/breeding season. If
nesting birds (including nesting
raptors are detected, then avoidance
or minimization measures shall be
undertaken in consultation with the
City of Moreno Valley and California
Department of Fish and Wildlife.

Measures shall include immediate
establishment of an avoidance buffers
shall be implemented as determined
by a qualified biologist and approved
by the City of Moreno Valley, based
on their best professional judgement
and experience. The buffer shall be of
a distance to ensure avoidance of
adverse effects to the nesting bird by
accounting for topography, ambient
conditions, species, nest location, and
activity type. The buffer around the
nest shall be delineated and flagged,
and no construction activity shall
occur within the buffer area until a
qualified biologist determines nesting
species have fledged and the nest is
no longer active or the nest has failed.

The biologist shall monitor the nest at
the onset of project activities, and at
the onset of any changes in such
project activities (e.g., increase in
number or type of equipment, change
in equipment usage, etc.) to
determine the efficacy of the buffer. If
the biologist determines that such
project activities may be causing an
adverse reaction, the biologist shall
adjust the buffe
r accordingly or
F.1.f
Packet Pg. 193
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

4 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
implement alternative avoidance and
minimization measures, such as
redirecting or rescheduling
construction or erecting sound
barriers. All work within these buffers
will be halted until the nesting effort is
finished (i.e., the juveniles are
surviving independent from the nest).

All nests shall be monitored as
determined by the qualified biologist
until nestlings have fledged and
dispersed or it is otherwise confirmed
that the nest has been unsuccessful
or abandoned. Work can resume
within these avoidance areas when no
other active nests are found. Upon
completion of the survey and nesting
bird monitoring, a report shall be
prepared and submitted to City of
Moreno Valley Planning Division for
mitigation monitoring compliance
record keeping.

MM BIO-2: To avoid project-related
impacts to burrowing owls potentially
occurring on or in the vicinity of the
project site, the Developer shall have
a qualified biologist conduct a project-
specific habitat assessments and pre-
construction survey for burrowing owl
in accordance with the March 2006
Burrowing Owl Survey Instructions for
the Western Riverside County Multiple
Species Habitat Conservation Plan
Area. This survey shall occur within
30 days prior to ground-disturbance
activities (e.g., vegetation clearing,
clearing, and grubbing, tree removal,
site watering) within those portions of
the project site containing suitable
burrowing owl habitat. If ground
disturbing activities in these areas are
delayed or suspended for more than
30 days after the pre- construction
survey, the area shall be resurveyed
for owls. The results of the survey
should be submitted to the City and
California Department of Fish and
Wildlife within three days of survey
completion. In addition, a
preconstruction survey for burrowing
owl shall be conducted within 3 days
prior to initiation of Project activities
and reported to CDFW as described
above.

Prior to
commencing
ground- or
vegetation
disturbing
activities
Project Proponent
F.1.f
Packet Pg. 194
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

5 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
If no burrowing owls are observed
during the survey, site preparation
and construction activities may begin.

If burrowing owl are present within the
survey area, then avoidance or
minimization measures shall be
undertaken in consultation with the
City of Moreno Valley, California
Department of Fish and Wildlife
(CDFW) and US Fish and Wildlife
Service (USFWS). CDFW shall be
sent written notification within 48
hours of detection of burrowing owls.

If active nests are identified on the
Project site, the Project applicant shall
not commence activities until it can be
determined that the burrows are not
being used by adult or juvenile owls or
following CDFW approval of a
Burrowing Owl Plan as described
below. If owl presence is difficult to
determine, a qualified biologist shall
monitor the burrows with motion-
activated trail cameras for at least 24
hours to evaluate burrow occupancy.

The onsite qualified biologist will verify
the nesting effort has finished
according to methods identified in the
Burrowing Owl Plan.

The qualified biologist and Project
Applicant shall coordinate with the
City, CDFW, and USFWS to develop
a Burrowing Owl Plan to be approved
by the City, CDFW, and USFWS prior
to commencing Project activities. The
Burrowing Owl Plan shall describe
proposed avoidance, relocation,
monitoring, minimization, and/or
mitigation actions. The Burrowing Owl
Plan shall include the number and
location of occupied burrow sites and
details on proposed buffers if avoiding
the burrowing owls or information on
the adjacent or nearby suitable habitat
available to owls for relocation. If no
suitable habitat is available nearby for
relocation, details regarding the
habitat characteristics of the proposed
relocation site, creation and funding of
artificial burrows (numbers, location,
and type of burrows) and
management activities for relocated
owls shall also be included in the
Burrowing Owl Plan. The City shall
implement the Burrowing Owl Plan
F.1.f
Packet Pg. 195
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

6 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
following CDFW and USFWS review
and approval.

If burrowing owls are observed within
Project Site(s) during Project
implementation and construction, the
Project applicant shall notify CDFW
immediately in writing within 72 hours
of detection. A Burrowing Owl Plan
shall be submitted to CDFW for
review and approval within two weeks
of detection and no Project activity
shall continue within 1000 feet of the
burrowing owls until CDFW approves
the Burrowing Owl Plan. The City
shall be responsible for implementing
appropriate avoidance and mitigation
measures, including burrow
avoidance, passive or active
relocation, or other appropriate
mitigation measures as identified in
the Burrowing Owl Plan.

A final report shall be prepared by the
qualified biologist documenting the
results of the burrowing owl surveys
and detailing avoidance, minimization,
and mitigation measures. The final
report shall be submitted to the City
and CDFW within 30 days of
completion of the survey and
burrowing monitoring for mitigation
monitoring compliance record
keeping.

MM BIO-3: For all features identified
as jurisdictional that cannot be
avoided, the Developer shall obtain
permits from the respective agencies
prior to the initiation of construction
activities. These permits include a
Clean Water Act (CWA) Section 404
permit from the USACE, a CWA
Section 401 water quality certification
from the Regional Water Quality
Control Board, and a CDFW Section
1602 Notification of Lake or
Streambed Alteration.

The Developer shall implement and
comply with all measures required by
the jurisdictional permits. Mitigation for
the loss of jurisdictional resources
shall be negotiated with the resource
agencies (US Army Corps of
Engineers, Regional Water Quality
Control Board, and California
Prior to
Construction
Developer/Respective
Agencies

F.1.f
Packet Pg. 196
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

7 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
Department of Fish and Wildlife)
during the regulatory permitting
process.

MM BIO-4: To ensure long-term
conservation of avoided
riparian/riverine resources the Project
Applicant will record a deed
restriction, conservation easement, or
other appropriate mechanisms over
avoided riparian/riverine resources on
the Project Site. The recorded realty
instrument shall be provided to the
City prior to grading.

The Applicant proposes to
compensate for impacts to MSHCP
riparian/riverine areas by providing a
1:1 ratio of reestablishment or a 2:1
ratio of rehabilitation credits at
Riverpark Mitigation Bank. If credits at
Riverpark Mitigation Bank are not
available prior to grading, the
Developer shall compensate for
impacts to jurisdictional waters and
riparian/riverine areas by providing a
31:1 ratio of offsite land within the
Santa Ana Watershed to be acquired
for the purpose of In-Perpetuity
Preservation, or through the purchase
of mitigation credits at an established
off-site Mitigation Bank in Western
Riverside County. Mitigation proposed
on land acquired for the purpose of in-
perpetuity mitigation that is not part of
an agency-approved mitigation bank
or in-lieu fee program shall include the
preservation, creation, restoration,
and/or enhancement of similar habitat
within the Santa Ana Watershed
pursuant to a Habitat Mitigation and
Monitoring Plan (HMMP) to be
approved by the Lead and
Responsible agencies. The HMMP
shall be prepared prior to any impacts,
and it shall provide details as to the
implementation of mitigation,
maintenance, future monitoring, and
management. The goal of the
mitigation shall be to preserve, create,
restore, and/or enhance similar
habitat with equal or greater function
and value than the affected habitat.

Prior to
commencing
ground- or
vegetation
disturbing
activities
Project Proponent
F.1.f
Packet Pg. 197
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

8 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
MM BIO-5: The Developer shall pay
the applicable MSHCP Development
Mitigation Fee prior to initiation of
grading activities.

Prior to Initiation of
Grading Activities
Developer
MM BIO-6: The following avoidance
and minimization measures shall be
implemented during Project
construction activities:
 Construction limits along the
northern and eastern
boundaries of the Project
shall be clearly marked so
that adjacent native
vegetation is avoided.
 Staging and storage areas
for spoils, equipment,
materials, fuels, lubricants,
and solvents shall be located
within the designated impact
area or adjacent developed
areas.
 A Stormwater Pollution
Prevention Plan shall be
developed and implemented.
 Invasives: Invasive species
identified in Table 6-2 of the
MSHCP shall not be used in
development landscape
plans or restoration plan
activities.
 Construction-related and
long-term Project operation
noise shall not exceed 65
dBA Leq in the adjacent
MSHCP Criteria Cell. Prior to
issuance of land
development permits,
including clearing or
grubbing and grading and/or
construction permits for
areas within or adjacent to
the MSHCP Criteria Cell, the
applicant shall prepare and
submit to the satisfaction of
the City, an acoustical
analysis to demonstrate that
the 65 dBA Leq noise level is
not exceeded in the Criteria
Cell. The acoustical analysis
shall describe the methods
by which construction noise
shall not exceed 65 dBA Leq
Ongoing During
Construction
Developer/Qualified Biologist
F.1.f
Packet Pg. 198
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

9 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
and how noise levels will be
monitored during
construction and for the life
of the project. Noise
abatement methods may
include, but are not limited
to, reoperation of specific
construction activities,
installation of noise
abatement at the source,
and/or installation of noise
abatement at the receiving
areas.
 Noise Plan: Prior to approval
of the Final Design, a Noise
plan shall be submitted to the
City of Moreno Valley for
review and approval. The
Noise Plan shall identify
noise generating land uses
that may affecting the
MSHCP Conservation Area
and shall incorporate
setbacks, berms or walls to
minimize the effects of noise
on MSHCP Conservation
Area resources pursuant to
applicable rules, regulations
and guidelines related to
land use noise standards.

The MSHCP identifies that
Project noise impacts do not
exceed the residential
standards within the
Conservation Areas. For
planning purposes, wildlife
within the MSHCP
Conservation Area should
not be subject to noise that
would exceed residential
noise standards. The Noise
Plan shall include monitoring
during construction and post-
project to demonstrate noise
levels in the Conservation
Area do not exceed
residential standards. If noise
standards are exceeded, the
Project Applicant is
responsible for immediate
implementation of remedial
actions to reduce noise
levels to acceptable levels.

F.1.f
Packet Pg. 199
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

10 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
 Landscaping Plan: develop a
landscaping plan that
includes the use of native
plant material on the Project
site and avoids the use of
invasive plant species
identified in Table 6-2 of the
MSHCP for landscaping
portions of development that
are adjacent to the MSHCP
Conservation Area including
avoided riparian/riverine
resources. Prior to approval
of the Final Design, a
landscaping plan, using
native vegetation, for areas
adjacent to the Conservation
Area shall be submitted to
the City for review and
approval.
 Barrier and Fencing Plan: A
Barrier and Fencing plan that
provides specific details
designed to minimize
unauthorized public access,
domestic animal predation,
illegal trespass, and dumping
in the MSHCP Conservation
Area. Prior to approval of the
Final Design, a fencing plan
shall be submitted to the City
of Moreno Valley and the
Western Riverside County
Regional Conservation
Authority for review and
approval. The fencing plan
shall include 8-foot tall
fencing made of secure and
fire-proof materials (such as
brick, stone, or metal) placed
along the entire boundary
adjacent to Conservation
Area to prohibit movement of
people and pets from the
development area into the
Conservation Area. The top
of all walls and fences shall
be designed to prevent
animals from entering
Conservation Areas using
systems such as a roller
bars, angled fence tops, or
other effective fence designs
to keep out pets, especially
cats. To prevent bird strikes
F.1.f
Packet Pg. 200
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

11 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
and reduce bird mortality, no
section of the fence should
include clear panels or be
made of transparent
materials such as glass or
plastic. The Fencing Plan
shall identify a maintenance
and monitoring plan for the
fence, including who is
responsible for fence
maintenance with sufficient
funding to maintain the
barrier.
 Grading/Land Development
– Manufactured slopes
associated with proposed
site development shall not
extend into the MSHCP
Conservation Area.
 Best Management Practices:

The MND should incorporate
the guidance in MSHCP
Section 7.0 and Appendix C
of the MSHCP for addressing
Best Management Practices.

MM BIO-7: The Developer shall pay
the applicable Stephens’ Kangaroo
Rat Habitat Conservation Plan
Development Mitigation Fee prior to
initiating any grading activities.

Prior to
Construction
Developer
Cultural Resources
RR CUL-1: In the event of the
discovery of human remains, the
developer shall contact the County
coroner immediately. If human
remains of Native American origin are
discovered during ground disturbing
activities, the developer shall comply
with the State laws relating to the
disposition of Native American burials
that fall within the jurisdiction of the
Native American Heritage
Commission (NAHC; PRC §5097).

According to the California Health and
Safety Code, six or more human
burials at one location constitute a
cemetery (Section 8100), and
disturbance of Native American
cemeteries is a felony (Section 7052).

Section 7050.5 requires that
excavation is stopped near discovered
human remains until the coroner can
Ongoing During
Construction
Contractor/Qualified
Professional Archaeologist

F.1.f
Packet Pg. 201
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

12 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
determine whether the remains are
those of a Native American. If the
remains are determined to be Native
American, the California Native
American Heritage Commission shall
be notified, and appropriate measures
provided by State law shall be
implemented to determine the most
likely living descendant(s). Disposition
of the remains shall be overseen by
the most likely living descendants to
determine the most appropriate
means of treating the human remains
and any associated grave artifacts.

MM CUL-1: Prior to the issuance of a
demolition permit, the Developer shall
submit the name and qualifications of
a qualified archaeologist to the City of
Moreno Valley Community
Development Department for review
and approval. Once approved, the
qualified archaeologist shall be
retained by the Developer. In the
event that suspected cultural
(archaeological) resources or tribal
cultural resources are inadvertently
unearthed during excavation activities,
the contractor shall immediately cease
all earth-disturbing activities within a
100-foot radius of the area of
discovery. The Project contractor or
Developer shall contact the qualified
archaeologist to request an evaluation
of the significance of the find and
determine an appropriate course of
action. If avoidance of the resource(s)
is not feasible, salvage operation
requirements pursuant to Section
15064.5 of the State California
Environmental Quality Act Guidelines
shall be followed in consultation with
the City. After the find has been
appropriately avoided or mitigated,
work in the area may resume.

Prior to the
Issuance of a
Grading Permit
Developer/Contractor/Qualified
Professional Archeologist

MM CUL-2: Archaeological monitoring
will be conducted by a qualified
archaeologist for all ground
disturbance activities that occur within
30 meters (100 feet) of Sites 33-
015937 and 33 015938, which are
identified in greater detail within the
Project’s cultural reports (Appendix
C). If any suspected cultural
(archaeological) resources are
Ongoing During
Construction
Developer/Contractor/
Qualified Professional
Archeologist

F.1.f
Packet Pg. 202
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

13 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
detected, the procedures identified in
MM CUL-1 will be implemented.

Energy
RR ENE-1: The Project must be
designed in accordance with the
applicable Title 24 Energy Efficiency
Standards for Residential and
Nonresidential Buildings (California
Code of Regulations [CCR], Title 24,
Part 6). These standards are updated,
nominally every three years, to
incorporate improved energy
efficiency technologies and methods.

Prior to
Construction
Developer
RR ENE-2: The Project is subject to
the California Green Building
Standards Code (CALGreen) (CCR,
Title 24, Part 11). These standards
are updated, nominally every three
years, to incorporate improved energy
efficiency technologies and methods.

Prior to
Construction
Developer
RR ENE-3: The Project shall comply
with applicable policies of the Moreno
Valley Climate Action Plan by
complying with meeting the following
policies:

1. Require new multi-family
residential development to reduce
the need for external trips by
providing useful services/facilities
on-site such as electric vehicle
infrastructure. (Policy TR-9)

2. incentives such as streamlined
permitting or bonus density for
new multi-family buildings and
reroofing projects to install “cool”
roofs consistent with the current
California Green Building Code
(CALGreen) standards for
commercial and industrial
buildings. (Policy R-1)

3. Require new construction and
major remodels to install interior
real-time energy smart meters in
line with current utility provider
(e.g. MVU, SCE) efforts. (Policy
R-2)

4. Reduce emissions from heavy-
duty construction equipment by
limiting idling based on South
Coast Air Quality Management
Prior to
Construction
Developer
F.1.f
Packet Pg. 203
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

14 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
District (SCAQMD) requirements
and utilizing cleaner fuels,
equipment, and vehicles.
a. Require provision of clear
signage reminding
construction workers to limit
idling.
b. Require the Developer to
limit GHG emissions through
one or more of the following
measures:
i. substitute electrified or
hybrid equipment for
diesel/gas powered
equipment.
ii. Use alternative fueled
equipment on site.
iii. Avoid use of on-site
generators. (Policy
OR-2).

Geology and Soils
MM GEO-1 : Prior to approval of final
plans and specifications for the
Project, the City shall review the
Project plans to confirm that all
recommendations in the Geotechnical
Report (prepared by LGC Geo-
Environmental, Inc in 2018), the Slope
Stability Report (prepared by Dynamic
Geotechnical Solutions in 2021), and
any future geotechnical reports have
been fully and appropriately
incorporated into all grading and
construction drawings.

Prior to Approval
of Final Plans
Developer/City’s Development
Services Department

MM GEO-2: Prior to the issuance of a
grading permit, the Developer shall
submit the name and qualifications of
a qualified paleontologist to the City of
Moreno Valley Community
Development Department for review
and approval. Once approved, the
qualified paleontologist shall be
retained by the Developer on an on-
call basis to observe grading activities
in the Young Alluvial Valley Deposits
and Old Alluvial Fan Deposits on the
Project Site and to salvage and
catalogue fossils as necessary. At the
Project’s Pre-Grade Meeting, the
paleontologist shall discuss the
sensitivity of the sediment being
Prior to the
Issuance of a
Grading Permit
Developer/ City’s Development
Services Department/Qualified
Paleontologist

F.1.f
Packet Pg. 204
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

15 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
graded and shall establish procedures
for monitoring. Protocols must be
developed and explained for
temporarily halting or redirecting work
to permit sampling, identification, and
evaluation of any fossils discovered. If
the fossils are deemed significant, the
paleontologist shall determine
appropriate actions, in cooperation
with the City of Moreno Valley, to
recover and treat the fossils and to
prepare them to the point of
identification. A final Paleontological
Resources Monitoring Report shall
include a catalogue and analysis of
the fossils found; a summary of their
significance; and the repository that
would curate the fossils in perpetuity.

Hazards and Hazardous Materials
PDF HAZ-1: The Project’s proposed
basins would be designed and
maintained to provide for a maximum
48-hour detention period following the
design storm, and to remain totally dry
between rainfalls.

During Project
Design
Developer/City’s Development
Services Department

PDF HAZ-2: Vegetation in and around
the basins that would provide food or
cover for birds would be incompatible
with airport operations and shall not
be utilized in Project landscaping.

Trees shall be spaced so as to
prevent large expanses of contiguous
canopy, when mature. Landscaping in
and around the basins shall not
include trees or shrubs that produce
seeds, fruits, or berries. Landscaping
in the basins, if not rip rap, would be
in accordance with the guidance
provided in ALUC “Landscaping Near
Airports” brochure, and the “Airports,
Wildlife, and Stormwater
Management” brochure available at
RCALUC.org which lists acceptable
plants from the Riverside County
Landscaping Guide or other
alternative landscaping as may be
recommended by a qualified wildlife
hazard biologist.

During Project
Design
Developer/City’s Development
Services Department

F.1.f
Packet Pg. 205
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

16 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
PDF HAZ-3: A notice shall be
permanently affixed to the fencing
surrounding the basins with the
language similar to the following:
“There is an airport nearby. This
stormwater basin is designed to hold
stormwater for only 48 hours and to
not attract birds. Proper maintenance
is necessary to avoid bird strikes.”
This sign would also include the
name, telephone number, or other
contact information of the person or
entity responsible for monitoring and
maintain the basins.

During Project
Operation
Developer/City’s Development
Services Department

PDF HAZ-4: Prior to close of escrow
on the Project’s future proposed
homesites, the “Notice of Airport in
Vicinity” that was attached to the
ALUC’s 2020 Airport Land Use
Commission (ALUC) Development
Review – Director’s Determination
letter shall be provided to all
prospective purchasers and
occupants of the Project.

During Project
Operation
Developer/City’s Development
Services Department

Public Resources
RR PUB-1: The Developer shall
comply with all applicable codes,
ordinances, and regulations, including
the most current edition of the
California Fire Code and the City of
Moreno Valley Municipal Code,
regarding fire prevention and
suppression measures; fire hydrants;
fire access; water availability; and
other, similar requirements. Prior to
issuance of building permits, the City
of Moreno Valley Community
Development Department and the
Moreno Valley Fire Department shall
verify compliance with applicable
codes and that appropriate fire safety
measures are included in the Project
design. All such codes and measures
shall be implemented prior to
occupancy.

During Project
Construction
Developer/Contractor/ City’s
Development Services
Department/Moreno Valley Fire
Department

F.1.f
Packet Pg. 206
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

17 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
RR PUB-2: The Developer shall pay
all applicable Development Impact
Fees (DIFs) prior to the issuance of
building permits, for parkland
dedication, parkland improvements,
public safety facilities, other
governmental facilities, and outside
agency fees including school district
fees.

Prior to Issuance
of a Building
Permit
Developer/City’s Development
Services Department

Tribal Cultural Resources
MM TCR-1: Archaeological
Monitoring. Prior to the issuance of a
grading permit, the Developer shall
retain a professional archaeologist,
who meets the U.S. Secretary of the
Interior Standards, to conduct
monitoring of all mass grading and
trenching activities.

The Project Archaeologist, in
consultation with the Consulting
Tribe(s) including Pechanga Band of
Luiseño Indians, the contractor, and
the City, shall develop a CRMP as
defined in MM TCR-3. The Project
archeologist shall attend the pre-
grading meeting with the City, the
construction manager and any
contractors and will conduct a
mandatory Cultural Resources Worker
Sensitivity Training to those in
attendance. The archaeological
monitor shall have the authority to
temporarily halt and redirect earth
moving activities in the affected area
in the event that suspected
archaeological resources are
unearthed.

Prior to Issuance
of a Grading
Permit
Developer/Qualified
Professional Archeologist

MM TCR-2: Native American
Monitoring. Prior to the issuance of a
grading permit, the Developer shall
secure agreements with the
Pechanga Band of Luiseño Indians for
tribal monitoring. The City is also
required to provide a minimum of 30
days’ advance notice to the tribes of
all mass grading and trenching
activities. The Native American Tribal
Representatives shall have the
authority to temporarily halt and
redirect earth moving activities in the
affected area in the event that
suspected archaeological resources
are unearthed. The Native American
Prior to Issuance
of a Grading
permit
Developer/Qualified
Professional Archeologist/City’s
Development Services
Department

F.1.f
Packet Pg. 207
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

18 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
Monitor(s) shall attend the pre-grading
meeting with the Project
Archaeologist, City, the construction
manager and any contractors and will
conduct the Tribal Perspective of the
mandatory Cultural Resources Worker
Sensitivity Training to those in
attendance.

MM TCR-3A: In the event that Native
American cultural resources are
discovered during the course of
grading (inadvertent discoveries), the
following procedures shall be carried
out for final disposition of the
discoveries:
a. One or more of the following
treatments, in order of
preference, shall be employed
with the tribes. Evidence of such
shall be provided to the City of
Moreno Valley Planning
Department:
i. Preservation-In-Place of the
cultural resources, if feasible.

Preservation in place means
avoiding the resources,
leaving them in the place
they were found with no
development affecting the
integrity of the resources.
ii. Onsite reburial of the
discovered items as detailed
in the treatment plan
required pursuant to MM
CUL-1. This shall include
measures and provisions to
protect the future reburial
area from any future impacts
in perpetuity. Reburial shall
not occur until all legally
required cataloging and
basic recordation have been
completed. No recordation of
sacred items is permitted
without the written consent of
all Consulting Native
American Tribal
Governments as defined in
MM CUL-1. The location for
the future reburial area shall
be identified on a confidential
exhibit on file with the City,
and concurred to by the
Developer/Qualified
Professional
Archeologist/Contractor

F.1.f
Packet Pg. 208
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

19 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
Consulting Native American
Tribal Governments prior to
certification of the
environmental document.

MM TCR-3B: Cultural Resource
Monitoring Plan (CRMP). The Project
Archaeologist, in consultation with the
Consulting Tribe(s), the contractor,
and the City, shall develop a CRMP in
to address the details, timing and
responsibility of all archaeological and
cultural activities that will occur on the
Project Site. A consulting Tribe is
defined as a Tribe that initiated the AB
52 tribal consultation process for the
Project, has not opted out of the AB52
consultation process, and has
completed AB 52 consultation with the
City as provided for in Cal Pub Res
Code Section 21080.3.2(b)(1) of
AB52. Details in the Plan shall
include:
a Project description and location;
b Project grading and development
scheduling;
c Roles and responsibilities of
individuals on the Project;
d The pre-grading meeting and
Cultural Resources Worker
Sensitivity Training details;
e The protocols and stipulations
that the contractor, City,
Consulting Tribe(s) and Project
archaeologist will follow in the
event of inadvertent cultural
resources discoveries, including
any newly discovered cultural
resource deposits that shall be
subject to a cultural resources
evaluation.
f The type of recordation needed
for inadvertent finds and the
stipulations of recordation of
sacred items.
g Contact information of relevant
individuals for the Project.

Prior to
Construction
Developer/Qualified
Professional Archeologist/City’s
Development Services
Department/Contractor

F.1.f
Packet Pg. 209
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

20 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
MM TCR 4: The City shall verify that
the following note is included on the
Grading Plan:
“If any suspected archaeological
resources are discovered during
ground disturbing activities and the
Project Archaeologist or Native
American Tribal Representatives are
not present, the construction
supervisor is obligated to halt work in
a 100-foot radius around the find and
call the Project Archaeologist and the
Tribal Representatives to the site to
assess the significance of the find."
Prior to
Construction
City’s Development Services
Department
MM TCR 5: Inadvertent Finds. If
potential historic or cultural resources
are uncovered during excavation or
construction activities at the Project
Site that were not assessed by the
archaeological report(s) and/or
environmental assessment conducted
prior to Project approval, all ground
disturbing activities in the affected
area within 100 feet of the uncovered
resource must cease immediately and
a qualified person meeting the
Secretary of the Interior's standards
(36 CFR 61), Tribal Representatives,
and all site monitors per the Mitigation
Measures, shall be consulted by the
City to evaluate the find, and as
appropriate recommend alternative
measures to avoid, minimize or
mitigate negative effects on the
historic, or prehistoric resource.

Further ground disturbance shall not
resume within the area of the
discovery until an agreement has
been reached by all parties as to the
appropriate mitigation. Work shall be
allowed to continue outside of the
buffer area and will be monitored by
additional archeologist and Tribal
Monitors, if needed. Determinations
and recommendations by the
consultant shall be immediately
submitted to the Planning Division for
consideration, and implemented as
deemed appropriate by the
Community Development Director, in
consultation with the State Historic
Preservation Officer (SHPO) and any
and all Consulting Native American
Tribes as defined in MM TCR-2 before
Ongoing During
Construction
Developer/Qualified
Professional Archeologist/City’s
Development Services
Department/Contractor

F.1.f
Packet Pg. 210
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

21 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
any further work commences in the
affected area. If the find is determined
to be significant and avoidance of the
site has not been achieved, a Phase
III data recovery plan shall be
prepared by the Project Archeologist,
in consultation with the Tribe, and
shall be submitted to the City for their
review and approval prior to
implementation of the said plan.

MM TCR 6: Human Remains. If
human remains are discovered, no
further disturbance shall occur in the
affected area until the County Coroner
has made necessary findings as to
origin. If the County Coroner
determines that the remains are
potentially Native American, the
California Native American Heritage
Commission shall be notified within 24
hours of the published finding to be
given a reasonable opportunity to
identify the “most likely descendant”.

The “most likely descendant” shall
then make recommendations, and
engage in consultations concerning
the treatment of the remains
(California Public Resources Code
5097.98). (GP Objective 23.3, CEQA).

Ongoing During
Construction
Qualified Professional
Archeologist/County
Coroner/Contractor

MM TCR 7: Non-Disclosure of
Reburial Locations. It is understood by
all parties that unless otherwise
required by law, the site of any
reburial of Native American human
remains or associated grave goods
shall not be disclosed and shall not be
governed by public disclosure
requirements of the California Public
Records Act. The Coroner, pursuant
to the specific exemption set forth in
California Government Code 6254 (r).,
parties, and Lead Agencies, will be
asked to withhold public disclosure
information related to such reburial,
pursuant to the specific exemption set
forth in California Government Code
6254 (r).

Ongoing During
Construction
Qualified Professional
Archeologist/County
Coroner/Contractor

F.1.f
Packet Pg. 211
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

22 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
MM TCR 8: Archeology Report -
Phase III and IV. Prior to final
inspection, the developer/permit
holder shall prompt the Project
Archeologist to submit two (2) copies
of the Phase III Data Recovery report
(if required for the Project) and the
Phase IV Cultural Resources
Monitoring Report that complies with
the Community Development
Department's requirements for such
reports. The Phase IV report shall
include evidence of the required
cultural/historical sensitivity training
for the construction staff held during
the pre-grade meeting. The
Community Development Department
shall review the reports to determine
adequate mitigation compliance.

Provided the reports are adequate,
the Community Development
Department shall clear this condition.

Once the report(s) are determined to
be adequate, two (2) copies shall be
submitted to the Eastern Information
Center (EIC) at the University of
California Riverside (UCR) and one
(1) copy shall be submitted to the
Consulting Tribe(s) Cultural
Resources Department(s).

Prior to Final
Inspection
Developer/Qualified
Professional Archeologist/City’s
Development Services
Department

MM TCR 9: In accordance with
consultations and determinations
made by the developer and the
Pechanga Tribe, all recorded features
within CA-RIV-8274 will be avoided
except for bedrock milling feature (1),
which is on Lot 8. The Pechanga
Tribe shall work with the project
archaeologist, the developer, and the
grading contractor or appropriate
personnel to determine a reasonable
methodology for relocating these
features. Attempts will be made to
excavate and relocate these boulders
to the open space preserve, should
their size and depth permit. If the
boulders cannot be moved intact due
to feasibility constraints, an attempt
will be made to transversally cut into
them so as to free the exposed
prehistoric features, allowing the
slicks themselves to be relocated to
the adjacent open space preserve.

The current Department of Parks and
Recreation (DPR) forms shall be
Ongoing During
Construction
Developer/Qualified
Professional Archeologist/City’s
Development Services
Department/Contractor

F.1.f
Packet Pg. 212
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) Gateway Heights Project (PEN 21-0066)

23 Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
Gateway Heights Project (PEN 21-0066)
City of Moreno Valley
Mitigation Measure
Timing of
Verification
Party Responsible for
Implementation and
Reporting Status/Date/Initials
updated, detailing which features
were relocated, the process taken,
and updated maps provided
documentation of the features’ new
location. The site record should
clearly indicate that the features are
not in their original location and why
they were relocated.

MM TCR 10: Prior to any earthmoving
activities, milling features 3 and 5 of
CA-RIV-8274 will be fenced and
identified as an Environmentally
Sensitive Area (ESA). The Developer
will ensure that appropriate temporary
fencing is installed (i.e., orange
fabric/barrier fencing) to prevent any
unintentional disturbances to features
3 and 5 of CA-RIV-8274 during any
earthmoving activities on the project
site. The fencing will be installed
before clearing and grubbing and will
not be removed until all earthmoving
activities have been completed. The
project archaeologist and Pechanga
Tribal Monitor will be on site to
monitor the fence installation and
removal and will conduct daily
inspections of the fencing to make
sure that it is intact and has not been
breached. If the project archaeologist
and/or Pechanga Tribal Monitor
identify a breach of the fence, i.e.,
removal, cut, depressed, driven over
or intentionally breached in any way,
all work within a 25-foot buffer shall
cease and the Developer, City, project
archaeologist and the Pechanga Tribe
shall meet and confer as to the best
method to repair the fencing. The
person(s) responsible for the breach
and the Construction Supervisor (or
appropriate supervisory personnel)
shall be required to retake the
sensitivity training provided at the
beginning of construction, in addition
to any other remedies considered
appropriate.

Prior to any
Earthmoving
Activities
Developer/Qualified
Professional Archeologist/City’s
Development Services
Department/Contractor

F.1.f
Packet Pg. 213
Attachment: Exhibit C to Resolution No. 2023-XX - Mitigation Monitoring and Reporting Program (6350 : Gateway Heights Tract 38459) 1 Resolution No. 2023-XX
Date:

RESOLUTION NUMBER 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT
(PEN20-0095), TO AMEND THE GENERAL PLAN LAND USE MAP,
CHANGING THE LAND USE DESIGNATION FROM RESIDENTIAL 2
(R2) AND HILLSIDE RESIDENTIAL (HR) TO RESIDENTIAL 10 (R10)

AND PARKS/OPEN SPACE (OS), CONDITIONAL USE PERMIT
(PEN21-0066) FOR A PLANNED UNIT DEVELOPMENT , AND
TENTATIVE TRACT MAP NO. 38459 (PEN22 -0127) FOR THE
DEVELOPMENT OF A 108-UNIT TOWNHOUSE CONDOMINIUM
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and has the authority to approve amendments to the City’s General Plan and City’s Zoning Atlas; and WHEREAS, HengHou Group (“Applicant”) is seeking approval for the Gateway Heights Residential Project , which includes approval of General Plan Amendment (PEN20-0095), Conditional Use Permit (PEN21-0066) and Tentative Tract Map 38459 (PEN22-0127) for the development of a 108 -unit detached townho use condominium Planned Unit Development on 32.56- acres, with associated amenities and public improvements (“Proposed Project”) located on the east side of Morton Road, approximately 300 feet north of Jennings Court (APN 256-150-001) (“Project Site”); and WHEREAS, Section 9.02.060 (Conditional Use Permits) of the Municipal Code acknowledges that the purpose of a conditional use permit is to allow the establishment of uses that may have special impacts or uniqueness such that their effect on th e surrounding environment cannot be determined in advance of the use being proposed for a particular location and that the conditional use permit application process involves the review of the location, design, and configuration of improvements related to the Proposed Project, and the potential impact of the Proposed Project on the surrounding area based on fixed and established standards; and
WHEREAS, Chapter 9.14 (Land Division) of the Moreno Valley Municipal Code imposes conditions of approval upon proje cts for which a Tentative Tract Map is required, which conditions may be imposed by the City to address on- site improvements, off-site improvements, the manner in which the Project Site is used, and any other conditions as may be deemed necessary to protec t the public health, safety, and welfare and ensure that the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and WHEREAS, the applications for the Proposed Project have be en evaluated in accordance with Section 9.02.060 (Conditional Use Permits) and Chapter 9.14 (Land Divisions), respectively, of the Municipal Code with consideration given to the City’s General Plan, Zoning Ordinance, and other applicable laws and regulations; and WHEREAS, on June 8, 2023, the public hearing to consider the Proposed Project F.1.g
Packet Pg. 214
Attachment: Resolution No. 2023-XX - General Plan Amendment, Conditional Use Permit, Tentative Tract Map [Revision 3] (6350 : Gateway 2 Resolution No. 2023-XX
Date:
was duly conducted by the Planning Commission, at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, on June 8, 2023, a public hearing was conducted by the Planning Commission to consider General Plan Amendment (PEN20- 0095), after which the Planning Commission approved Planning Commission Resolution 2023- 23, a recommendation that the City Council approve General Plan Amendment (PEN20- 0095); and
WHEREAS, on June 8, 2023, a public hearing was conducted by the Planning Commission to consider Conditional Use Permit (PEN21-0066) and Tentative Tract Map 38459 (PEN22- 0127), whereby the Planning Commission approved Planning Commission Resolution 2023- 26, a recommendation that the City Council approve Conditional Use Permit (PEN21-0066) and Tentative Tract Map 38237 (PEN22- 0127); and
WHEREAS, on June 8, 2023, a hearing was conducted by the Planning Commission whereby the Planning Commission approved Planning Commission Resolution No. 2023-22, recommending the City Council approve the Mitigated Negative Declaration/Initial Study, Mitigation Monitoring and Reporting Program, and Proposed Project; and
WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Municipal Code and Government Code section 65905, a public hearing was scheduled for September 5, 2023, before the City Council and notice thereof was duly published and posted, and mailed to all property owners of record with 600 feet of the Site; and
WHEREAS, on September 5, 2023, the public hearing to consider the Proposed Project was duly conducted by the City Council at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, on September 5 , 2022, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City Council considered and approved Resolution 2023- certifying the Proposed Project’s Mitigated Negative Declaration, and adopting a Mitigation Monitoring and Reporting Program.

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

Section 1. Recitals and Exhibits
That the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.

Section 2. Notice
F.1.g
Packet Pg. 215
Attachment: Resolution No. 2023-XX - General Plan Amendment, Conditional Use Permit, Tentative Tract Map [Revision 3] (6350 : Gateway 3 Resolution No. 2023-XX
Date:

That pursuant to Government Code section 66020(d)(1), notice is hereby given that the Proposed Project is subject to certain fees, dedications, reservations and other exactions as provided herein, in the staff report and conditions of approval (collectively, “Conditions”); and these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions, and interested parties have ninety-days from the approval of this Resolution to protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a).

Section 3. Evidence
That the City Council has considered all of the evidence submitted into the Administrative Record for the Proposed Project, including, but not limited to, the following:
(a) Moreno Valley General Plan and all relevant provisions contained therein; (b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein;
(c) The Moreno Valley General Plan amendment changing the land use designation f rom Residential 2 (R2) and Hillside Residential (HR) to Residential 10 (R10) and Parks/Open Space (OS) and all relevant provisions contained therein as shown on Exhibit A;
(d) Applications for the approval of a General Plan Amendment (PEN20- 0095), Change of Zone (PEN20- 0096), Tentative Tract Map 38459 (PEN22-0127), and Conditional Use Permit (PEN2 1-0066), and all documents, records, and references contained therein;
(e) Testimony, comments, and correspondence from all persons that were provided at, or prior to, the June 8, 2023, Planning Commission public hearing;
(f) Planning Commission Resolution No. 2023- 22, recommending that the City Council certify and approve the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting P rogram, and approve the Proposed Project;
(g) Staff Report prepared for the City Council’s consideration and all documents, records, and references related thereto, and Staff’s presentation at the September 5, 2023, public hearing; and (h) Testimony, comments, a nd correspondence from all persons that were provided at, or prior to, the City Council September 5, 2023, public hearing.

Section 4. Findings
That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the City Council makes the following findings:
(a) That the Proposed Project is consistent with the existing goals, objectives, policies, and programs of the General Plan;
(b) That the P roposed Project will not adversely affect the public he alth, F.1.g
Packet Pg. 216
Attachment: Resolution No. 2023-XX - General Plan Amendment, Conditional Use Permit, Tentative Tract Map [Revision 3] (6350 : Gateway 4 Resolution No. 2023-XX
Date:
safety, or general welfare;
(c) That the Proposed Project is consistent with the purposes and intent of Title 9;
(d) That the Proposed Project complies with all applicable zoning and other regulations;
(e) The location, design, and operation of the Proposed Project will be compatible with existing and planned land uses in the vicinity; (f) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;
(g) That the Project Site is physically suitable for the type of development; (h) That the Project Site of the proposed land division is physically suitable for the proposed density of the development;
(i) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife and/or their habitat; (j) That the design of the Proposed Project and the proposed improvements is not likely to cause serious public health problems;
(k) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision;
(l) That the requirements of CEQA have been satisfied;
(m) That the proposed land division is not subject to the Williamson Act pursuant to the California Land Conservation Act of 1965; (n) That the proposed land division and the associated design and improvements are consistent with applicable ordinances of the city; (o) That the design of the land division provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision; and
(p) That the effect of the Proposed Project on the housing needs of the region were considered and balanced against the public service needs of the residents of Moreno Valley and available fiscal and environmental resources.

Section 5. Approval
That based on the foregoing Recitals, Evidence, and Findings, the City Council hereby approves the Proposed Project, which includ es General Plan Amendment (PEN20-0095) as depicted in Exhibit A, and the necessary and corresponding amendment to the City’s Zoning Atlas , Conditional Use Permit (PEN21 -0066) and Tentative Tract Map 38459 (PEN22-0127), attached hereto as Exhibit B.

Section 6. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 7. Severability
F.1.g
Packet Pg. 217
Attachment: Resolution No. 2023-XX - General Plan Amendment, Conditional Use Permit, Tentative Tract Map [Revision 3] (6350 : Gateway 5 Resolution No. 2023-XX
Date:

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

Section 8. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.

Section 9. Certification
That the City Clerk shall certify to the passage of this Resolution.

PASSED AND ADOPTED THIS 5th day of September, 2023.
____________________________________
Ulises Cabrera, Mayor
ATTEST:
____________________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
____________________________________
Steven B. Quintanilla, Interim City Attorney
Exhibits:

Exhibit A: General Plan Amendment Land Use
Exhibit B: Conditional Use Permit (PEN21 -0066) and Tentative Tract Map 38459 (PEN22-0127) Conditions of Approval
F.1.g
Packet Pg. 218
Attachment: Resolution No. 2023-XX - General Plan Amendment, Conditional Use Permit, Tentative Tract Map [Revision 3] (6350 : Gateway

Exhibit A
General Plan Amendment

F.1.g
Packet Pg. 219
Attachment: Resolution No. 2023-XX - General Plan Amendment, Conditional Use Permit, Tentative Tract Map [Revision 3] (6350 : Gateway Exhibit B
C
onditional Use Permit (PEN21-0066) and Tentative Tract Map 38459 (PEN22-0127) Conditions of Approval
F.1.g
Packet Pg. 220
Attachment: Resolution No. 2023-XX - General Plan Amendment, Conditional Use Permit, Tentative Tract Map [Revision 3] (6350 : Gateway

CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0066)
Tentative Tract Map No. 38459 (PEN22-0127)