General Plan specifies a parkland standard of 3 acres per 1,000 residents. As new residential development occurs, maintenance of this minimum level of service standard is essential to provide adequate parks and recreational opportunities.
In 2000, the City Council adopted Ordinance 581 establishing the Quimby In -Lieu fee to be paid when new residential development does not dedicate land for parks or recreation facilities. The Quimby In -Lieu fee was developed to mitigate the additional requirement for park resources resulting from population increases due to new residential development. Staff is recommending approval of an adjustment to Quimby Fees as set forth in the attached resolution. This adjustment is based on the Consumer Price Index (CPI) for the Riverside -San Bernardino -Ontario Metropolitan Area for the period of September 2022 – September 2023, which is 4.9%.
Per Moreno Valley Municipal Code Section 3.40.110, Quimby In -Lieu fees shall be adopted annually by resolution of the City Council. Additionally, the City Council may authorize annual adjustments to Quimby fees to account for escalating land costs based on current market conditions. The following fee table, based on current CPI, is recommended for adoption and implementation.
Land Use
Current Fee
(per Dwelling Unit)
Proposed Fee
(per Dwelling Unit)
Single Family $2,302 $2,415
Multi-family $1,709 $1,793
Senior Housing $1,199 $1,258
Recommended updates for Quimby In -Lieu fees would go into effect on January 1, 2024. The recommended updates for Quimby In -Lieu fees were reviewed by the Parks, Community Services and Trails Committee on November 2, 2023, and the Parks and Community Services Subcommittee on November 7, 2023. Both are recommending approval to the City Council.
ALTERNATIVES
1. Approve the recommended action as presented in this staff report. This alternative is recommended by staff as this will update the fee for needs currently projected to meet population growth.
2. Do not approve the recommended action as presented in this staff report. This alternative is not recommended as th is will result in a fee structure that is insufficient to meet requirements for projected growth levels.
FISCAL IMPACT
Revenue that will be generated by the Quimby In -Lieu fee is dependent on levels of new residential development in the city.
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NOTIFICATION
Posting of Agenda
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Patty Yhuit Jeremy Bubnick
PCS Admin & Financial 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.
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 2023- _Quimby Fee Increase 2024
APPROVALS
Budget Officer Approval ✓ Approved . 11/12/23 7:15 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 11/13/23 9:03 AM A.12
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1 Resolution No. 2023-__
Date Adopted: November 21, 2023
RESOLUTION NO. 2023-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, ADJUSTING QUIMBY
IN-LIEU FEES
WHEREAS, in accordance with the provisions of Government Co de Section 66477 (the “Quimby Act”), the City Council of the City o f Moreno Valley ( “City Council”) adopted Ordinance 581 establishing the authority to require the dedication of land for park and recreation facilities or a payment in-lieu; and WHEREAS, the City Council has determined that these fee s should be established to provide for certain fees in -lieu of dedicating parkland required of certain types of new subdivision s located in or to be located within the City of Moreno Valley; and
WHEREAS, the City Council has determined that Quimby In -Lieu fees sh all be adopted annually by resolution of the City Council; and WHEREAS, the City Council may authorize annual adjustments to Quimby fees to account for escalating land costs based on current market conditions; and WHEREAS, the proposed Quimby In -Lieu fees to be charge d are appropriate and do not exceed the actual cost of parkland acquisition in the City of Moreno Valley,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
APPROVES THE ADJUSTMENT OF QUIMBY IN-LIEU FEES:
Single Family Unit $2,415
Multi-family Unit $1,793
Senior Housing Unit $1,258
The Quimby In -Lieu Fee Schedule as set forth above shall go into effect on January 1, 2024.
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Attachment: Resolution 2023- _Quimby Fee Increase 2024 (6442 : ADOPT A RESOLUTION APPROVING THE ANNUAL ADJUSTMENT TO 2 Resolution No. 2023-__
Date Adopted: November 21, 2023
APPROVED AND ADOPTED this 21st day of November 2023.
______________________________
Ulisses Cabrera
Mayor
City of Moreno Valley
ATTEST:
____________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
____________________________
Steven Quintanilla, Interim City Attorney
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Attachment: Resolution 2023- _Quimby Fee Increase 2024 (6442 : ADOPT A RESOLUTION APPROVING THE ANNUAL ADJUSTMENT TO 3 Resolution No. 2023-__
Date Adopted: November 21, 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-__ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting held on the 21st day of November 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor)
_________________________________
JANE HALSTEAD, CLERK
(SEAL)
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Attachment: Resolution 2023- _Quimby Fee Increase 2024 (6442 : ADOPT A RESOLUTION APPROVING THE ANNUAL ADJUSTMENT TO
Report to City Council
ID#6433 Page 1
TO: Mayor and City Council
FROM: Kenneth Reichle, Chief of Police
AGENDA DATE: November 21, 2023
TITLE: APPROVE REPLACEMENT OF THREE POLICE
MOTORCYCLES
RECOMMENDED ACTION
Recommendation:
1. Authorize the purchase of three (3) 2024 BMW R 1250 RT -P police motorcycles and related emergency equipment totaling $116,165.97.
2. Authorize the transfer of $93,772.98 from the Equipment Replacement Fund 7510 to General Fund 1010 to add to the budgeted amount of $21,000 in General Fund Account 1010 -60-67-40210-660322 to use for the purchase of three (3) 2024 BMW R 1250 RT -P police motorcycles and related emergency equipment.
SUMMARY
This report recommends the City Council authorize the Moreno Valley Police Department (MVPD) to purchase three (3) 2024 BMW R 1250 RT -P Motorcycles from Riverside BMW for a total amount of $116,165.97. The MVPD will utilize $93,772.98 of replacement funds and $22,393 from the Police Departments FY 2023/24 approved budget allocation to acquire this equipment. Of the approved FY 2023/24 budget utilized for the purchase of the three (3) motorcycles, $21,000 will come from 1010 -60-67- 40210-660322 and the remaining $1,393 will come from 1010-60-67-40210-630330.
DISCUSSION
MVPD has utilized BMW motorcycles solely to support the Traffic Division since 2013, except for the 2023 fleet diversification effort with the purchase of Honda African Twins.
The purchase of the Hondas was strategic in that the off -road motorcycles provide increased agility for the Traffic Division as an option when additional maneuvering and A.13
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the ability to engage in off -road pursuits is needed. Additionally, at the time of the purchase, other motorcycle brands had supply chain challenges.
As supply chains have begun to stabilize, the MVPD will continue to primarily use the BMWs. BMW motorcycles are a leader in the industry when it comes to ergonomics, safety, and overall functionality which is best suited for police work. Additionally, BMW is the only motorcycle fully outfitted for police service by the manufacturer. Other options to purchase motorcycles for police use require the use of a combination of vendors to completely outfit the motorcycle for police use. Using only BMW motorcycles streamlines the maintenance and repair process as one vendor will handle all aspects of the process.
Included with these replacement motorcycles will be vehicle mounted moving radar system, transmission upgrades to reduce wear and ignition system security upgrades.
The vehicle mounted moving radar system will allow for calibrated / certified speed readouts required per 40802 California Vehicle Code when issuing citations for speeding violations. This system allows for the collection of accurate speed information while the motorcycle is in motion or stationery.
Currently, three (3) motorcycles have outlived their service life and are scheduled to be replaced. Generally, after approximately 30,000 to 35,000 miles, the cost to maintain the motorcycles exceeds the cost of a new one. Service life for a motorcycle is identified by its warranty status and current value. Aggregate costs for repairs over the life of the motorcycle is also accounted for insofar as the anticipated growth of the aggregate as future repairs will quickly exceed initial purchase price.
• 2019 BMW R 1200 RT -P motorcycle (Asset #400347) is currently used as a spare and has 44,368 miles.
• 2019 BMW R 1200 RT -P motorcycle (Asset #400348) has is currently used as a spare and has 43,128 miles.
• 2019 BMW R 1200 RT -P motorcycle (Asset #400349) is currently out of service due to an engine failure. This motorcycle has 42,008 miles.
The City of Moreno Valley currently contracts for one (1) motor sergeant and twelve (12) motor deputies. To maximize operational efficiencies, it is recommended that we have one (1) motorcycle dedicated to each contracted deputy and four (4) motorcycles used as spares. The motorcycle fleet currently in use are:
• Three (3) 2023 BMW R 1250 RT-P: (3) In service
• Two (2) 2022 BMW R 1250 RT-P: (2) In-service
• Three (3) 2022 Honda Africa Twin 1100: (3) In service • Three (3) 2021 BMW R 1250 RT-P: (3) In service
• Four (4) 2020 BMW R 1250 RT-P: (2) In service, (2) Spare • Three (3) 2019 BMW R 1200 RT-P: (2) Spare, (1) Out of service
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Staff recommends awarding the purchase to Riverside BMW. Riverside BMW’s quote was the most competitive and is the most practical as there is a significant benefit to the Traffic Division to have maintenance in the closest proximity possible.
To confirm Riverside BMW’s competitiveness, staff requested quotes from three BMW motorcycle dealers: Escondido, Long Beach, and Riverside.
Dealership Quote per motorcycle
Escondido: Unresponsive
Long Beach: $40,087.63
Riverside: $38,721.99
The total price for three (3) 2024 BMW R 1250 RT-P motorcycles is $116,165.97.
The purchase of the proposed motorcycles is provided for by the Equipment Replacement Fund 7510 and General Fund 1010. Through the depreciation process, replacement funds (7510) are budgeted, and as part of the biennial budget process, the City Council has appropriated $21,000 providing the gap funding for the replacement of the police motorcycles in FY 2023/24. As costs for equipment have increased, the remaining $1,393 will also be funded out of the existing approved FY 2023/24 budget allocation.
Total replacement funds designated for the proposed purchase are $93,772.98; and funds required from the FY 2023/24 appropriation for motorcycles total $22,393.
The three (3) motorcycles to be replaced are:
Year Asset # V.I.N.
Available Replacement
Funds totaling $93,772.98
2019 400347 WB10J6301KZG34122 $31,257.66
2019 400348 WB10J630XKZG34118 $31,257.66
2019 400349 WB01J6308KZG34117 $31,257.66
ALTERNATIVES
Council has the following alternatives:
1. Authorize the purchase of three (3) 2024 BMW R 1250 RT -P police motorcycles and related emergency equipment totaling $116,165.97; Authorize the transfer of $93,772.98 from the Equipment Replacement Fund to the General Fund, with a total of $22,393 coming from the Police Department’s FY 2023/24 General Fund budget allocation. Staff recommends this alternative.
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2. Do not authorize the purchase of three (3) 2024 BMW R 1250 RT -P police motorcycles and related emergency equipment totaling $116,165.97. Staff does not recommend this alternative.
FISCAL IMPACT
The MVPD is requesting that the City Council approve the replacement and purchase of three (3) BMW R 1250 RT -P police motorcycles and related emergency equipment totaling $116,165.97. Staff is requesting $93,772.98 from the Equipment Replacement Fund (7510). $22,393 will come from the approved FY 2023/24 department budget.
Below, details the requested transfers and budget adjustments for this purchase:
Approval of FY 2023/24 Transfer of Funds:
Type Account Description Amount
Transfer from: 7510-99-97-88190-901010 Equipment Replacement Reserve $93,773
Transfer to: 1010-99-99-91010-807510 General Fund $93,773
Expenditure Appropriation:
Description GL Account No. Type
(Rev/Exp)
FY
2023/24
Budget
Proposed
Budget
Increase/
Decrease
FY 2023/24
Proposed
Budget
Amendment
PD – Traffic 1010-60-67-40210-660322
- Mach-Equip, Repl -
Vehicles
Exp $21,000 $93,773 $114,773
PD – Traffic 1010-60-67-40210-630330
– Oper Mtrls-Equip
Exp $1,393 0 0
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Shanna Palau Kenneth Reichle
Senior Contracts Analyst Chief of Police
CITY COUNCIL GOALS
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Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
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. Long Beach BMW Quote 2023
2. Riverside Quote 07272023
APPROVALS
Budget Officer Approval ✓ Approved . 11/12/23 7:42 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 11/13/23 8:59 AM A.13
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Attachment: Long Beach BMW Quote 2023 (6433 : APPROVE THE REPLACEMENT OF THREE POLICE MOTORCYCLES) A.13.a
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Attachment: Long Beach BMW Quote 2023 (6433 : APPROVE THE REPLACEMENT OF THREE POLICE MOTORCYCLES) A.13.a
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Attachment: Long Beach BMW Quote 2023 (6433 : APPROVE THE REPLACEMENT OF THREE POLICE MOTORCYCLES) A.13.a
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Attachment: Long Beach BMW Quote 2023 (6433 : APPROVE THE REPLACEMENT OF THREE POLICE MOTORCYCLES) A.13.a
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Attachment: Long Beach BMW Quote 2023 (6433 : APPROVE THE REPLACEMENT OF THREE POLICE MOTORCYCLES) A.13.a
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Attachment: Long Beach BMW Quote 2023 (6433 : APPROVE THE REPLACEMENT OF THREE POLICE MOTORCYCLES) R 1250 RT-P Motor Pricing Form(2024 Model Year)
Color Option Code
1 Night Black & Alpine White III 753
0 Night Black 716
0 Alpine White III (special order) 751
0 Black Blue (special order +60 days) 754
0 Saphir Blue (special order + 60 days) 755
0 Violet Blue (special order +60 days) 756 Revised: June 7, 2023 0 Glacier Silver Metallic (special order) N99
Quotation: Motorcycle
City of Moreno Valley Option Code Retail Price $21,028.65 Factory Special-Order Options - Plan 90-120 Days for Delivery 0 Adaptive Headlight (includes 219) 134 $611.11 $0.00
1 Keyless Ride w/two transmitters 193 $366.67 $366.67
1 Gear Shift Assist Pro 222 $484.00 $484.00
0 Ride Modes Pro (includes 18B) 224 $210.22 $0.00
0 GPS Prep 272 $195.56 $0.00
0 Chrome Exhaust (includes 19F) 340 $146.67 $0.00
1 Additional LED Headlights (driving lights) 562 $440.00 $440.00 0 PA Microphone 599 $581.78 $0.00
0 High Seat Black 610 $0.00 $0.00
0 Low Seat Black 776 $0.00 $0.00
0 Enhanced Smart Phone Connectivity 6NS $250.00 $0.00
The Options Below denote Standard Order Deck - Removal is only by Special Order - Option Delete 1 Heated Seat 518 $220.00 $220.00
1 Tire Pressure Monitoring 530 $220.00 $220.00
1 Cruise Control (standard feature) 538 $0.00 $0.00
1 Weather Protection 649 $190.67 $190.67
$0.00
$0.00
$0.00
$0.00
Inc
$1,015.00
$3,995.00
$694.99
$0.00
$0.00
$0.00
$85.00
$3.50
$0.00
Units Quotation valid for 60 days Total Price - Page 1 $28,743.47 1 from date noted below. Total Price - Page 2 $2,688.91 Total Price - Page 3 $0.00
Date of Quote: 07/27/2023 Parts From Other Suppliers - Page 4 $2,009.50 $1,800.00
$695.00
$35,936.88
7.75% $2,785.11
$38,721.99
Install agency provided radio and all related components PVP Bluetooth Module
Stalker DSR 2X Dual Band Running Rador
Dealer Basic Assembly / Preparation
Total Retail Price per Unit with Options
Note: Prices subject to change without notice. Final price is always determined by the selling authorized BMW Motorcycle dealer.
State Sales Tax (if applicable)
Additional Labor Operations Provided by Dealer
Tire Tax
Quote for MY 2024 R1250RT-P
Dash Mounted Strobing Traffic Preemption
DOC Fees
Motorcycle Freight
Preparred by BMW Motorcycles of Riverside Dan Schoo or Darren Maddox (951) 353-0607 Total Retail Price per Unit with Options
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Attachment: Riverside Quote 07272023 (6433 : APPROVE THE REPLACEMENT OF THREE POLICE MOTORCYCLES) R 1250 RT-P Motor Pricing Form - Page 2
See Special Notation Comment
Quotation for:
City of Moreno Valley
Blue ID Light Selection (1)
1 Standard Blue Pod-Mounted ID Lights - SID63 17 2 361 717 $0.00 $0.00 0 Round Blue License Plate ID Lights - RID71 60 2 452 897 $0.00 $0.00 Per Emergency Warning Lights (10) BMW P/N Order # Retail $0.10 Total Retail 5 Red LED-X Light 63 17 2 361 718 5 $112.50 $562.50
5 Blue LED-X Light 63 17 2 361 719 5 $112.50 $562.50
0 Amber LED-X Light 63 17 2 361 720 0 $112.50 $0.00
0 White LED-X Light 63 17 2 361 721 0 $121.67 $0.00
0 Green LED-X Light 63 17 2 450 782 0 $121.67 $0.00
Rear Duplex Emergency Warning Light (1)
0 Duplex LED-X Red / Red 63 17 2 361 728 0 $359.17 $0.00 0 Duplex LED-X Blue / Blue 63 17 2 361 729 0 $392.92 $0.00 1 Duplex LED-X Red / Blue 63 17 2 361 730 1 $376.26 $376.26 0 Duplex LED-X Blue / Amber 63 17 2 361 731 0 $376.26 $0.00 0 Duplex LED-X Green / Green 63 17 2 450 783 0 $341.96 $0.00 0 Duplex LED-X Amber / Amber 63 17 2 450 784 0 $376.26 $0.00 Take-Down (4) Alley (2) TS (2) BT (2) Saddlebag Light (1) Red ID (1) 6 White Torus LED TDL/Alley 63 17 2 361 722 6 $80.00 $480.00 2 Auxiliary LED Turn Signals 63 17 2 361 725 2 $75.83 $151.67 2 Auxiliary LED Brake/Tail Light 63 17 2 361 726 2 $58.76 $117.51 1 Saddlebag LED Lights w/sensor switch63 17 2 361 727 1 $149.17 $149.17 0 Red ID Lights (replacing blue ID lights) 63 17 2 361 724 0 $111.67 $0.00 1 Round Blue License Plate ID Light Kit 71 60 2 452 876 1 $122.09 $122.09 Dealer Installed Options / Retrofits
0 Shift Assistant Pro (hardware) 23 41 8 536 884 0 $705.73 $0.00 0 Shift Assistant Pro - Enabling Code 77 15 8 395 839 0 $41.73 $0.00 0 Ride Modes Pro - Enabling Code 77 53 8 395 840 0 $208.88 $0.00 0 Also Requires DTC Enabling Code 77 53 8 395 841 0 $54.26 $0.00 0 LED Auxiliary Headlights Nano (order 2)63 17 9 457 322 0 $157.89 $0.00 0 Bolt 6 x 40 (order 2) 63 12 7 699 141 0 $5.38 $0.00 0 M6 Hex Nut (order 2) 07 12 9 905 826 0 $3.14 $0.00 Requires Activation by Dealer - No Code Needed
Convenience Options
0 Extra Ignition Key - No Keyless Ride 51 25 8 540 950 0 $97.61 $0.00 0 Extra Ignition Key - Keyless Fob Transmitter66 12 7 105 699 0 $341.64 $0.00 0 Heated Seat - Low 52 53 8 544 786 0 $542.81 $0.00
0 Heated Seat - High 52 53 8 544 792 0 $542.81 $0.00
0 Tire Pressure Gauge 82 12 0 140 377 0 $30.33 $0.00
1 BMW Motorrad Battery Charger (2.5 Ah)77 02 5 A68 BA2 1 $167.22 $167.22 0 Motorcycle Full Cover 71 60 2 450 408 0 $129.28 $0.00 Final price is always determined by the selling authorized BMW Motorcycle dealer.
Note: Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations.
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Attachment: Riverside Quote 07272023 (6433 : APPROVE THE REPLACEMENT OF THREE POLICE MOTORCYCLES) R 1250 RT-P Motor Pricing Form - Page 3
Quotation for:
City of Moreno Valley
Additional Accessories
Qty Item Description Page 3
Per Additional Accessories BMW P/N Order # Retail Total Retail Storage Options
0 Saddlebag Liners (each) 71 60 7 704 109 0 $126.13 $0.00 0 Tank Top Bag 77 45 8 543 227 0 $233.20 $0.00
Engine Protection
0 Rocker Cover Protection 77 14 8 406 187 0 $238.33 $0.00 0 Sump / Engine Protection Guard (order 1)11 84 8 532 939 0 $127.48 $0.00 0 Fillister Head Screws M6 x 20 (order 5) 07 12 9 908 076 0 $3.26 $0.00 0 Grommet (order 5) 13 53 1 341 283 0 $2.63 $0.00
0 Bushing (order 5) 11 84 8 544 832 0 $5.19 $0.00
0 Bracket front (order 1) 11 84 8 532 937 0 $59.38 $0.00 0 Bracket Rear (order 1) 11 84 8 532 940 0 $74.23 $0.00 0 C-Clip Nut M6 (have been included w/brackets)07 14 7 693 887 0 $2.63 $0.00 0 Fillister Head Screws M8 x 25 (order 5) 07 12 9 907 382 0 $1.59 $0.00 Note: Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations.
Final price is always determined by the selling authorized BMW Motorcycle dealer.
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Attachment: Riverside Quote 07272023 (6433 : APPROVE THE REPLACEMENT OF THREE POLICE MOTORCYCLES) Qty Description PN Price Each Total Price
1 Fairing Mounted USB Socket EA-USB $45.00 $45.00
1 Fairing Mounted Lighter Socket EA-LSF $45.00 $45.00
1 LED Map Light MT-MILLED $114.00 $114.00
1 Note Pad Holder MT-NPH $48.00 $48.00
1 Flash Light/PR24 Holder MT-LFBH $200.00 $200.00
2 Radio Power Plug Connector EL-RPP $10.00 $20.00
1 Radio "Y" Power Harness EL-RPPD $36.00 $36.00
1 Radio Speaker Plug EL-SCP $10.00 $10.00
1 Radio Quick Mount Plate MT-RQMP $30.00 $30.00
1 Accessory Connection Plugs EL-ACP $9.50 $9.50
1 License Plate Space Kit LPSK $12.00 $12.00
1 AR Rack Bracket MT-RMBRH $59.00 $59.00
1 Locking AR Mount GL-ARM $767.00 $767.00
1 Side Stand Footplate Extension MT-SSA $36.00 $36.00
1 Pro Laser 4 Lidar Holster GHPL4-R $299.00 $299.00
1 (Set) Running Radar Brakets Multi. 279.00 $ 279.00$ Additional Accessories From Other Suppliers - Page 4 A.13.b
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Attachment: Riverside Quote 07272023 (6433 : APPROVE THE REPLACEMENT OF THREE POLICE MOTORCYCLES)
Report to City Council
ID#6443 Page 1
TO: Mayor and City Council
FROM: Kenneth Reichle, Chief of Police
AGENDA DATE: November 21, 2023
TITLE: APPROVAL TO USE ASSET FORFEITURE FUNDS TO
PURCHASE PORTABLE SECURITY EQUIPMENT
RECOMMENDED ACTION
1. Authorize the Police Department to purchase portable security equipment and related services at a cost of $106,925 ($97,205 plus a 10% contingency of $9,720), and
2. Authorize a budget adjustment as set forth in the Fiscal Impact Section of this report.
SUMMARY
This report recommends the City Council authorize the Moreno Valley Police Department to purchase portable security equipment and related software licenses. The Police Department will utilize $106,925 of Asset Forfeiture funds to acquire this equipment to be used to enhance and increase the development of investigative leads to solve criminal cases within the City of Moreno Valley.
DISCUSSION
As part of the Citywide Camera System approved by the City Council in August 2012, three (3) portable surveillance cameras were initially included. The purpose of the portable cameras is to allow for the quick deployment of cameras in problem areas to combat criminal activities by enhancing investigative technologies in areas with significant, on-going crime, as well as traffic-related concerns at various intersections.
Currently, the Citywide Camera System has a total of nine (9) portable surveillance cameras. Because portable cameras are subject to extreme temperatures, weather, and other outdoor impacts, the cameras often require maintenance and repairs. Currently six (6) of the nine (9) portable cameras are inoperable. Due to the proprietary nature of A.14
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the equipment, repairs can take more time to repair than is optimal. These new portable cameras will not be purchased from a proprietary source, but best -of-breed components will be purchased and the camera systems will be assembled by staff. This ensures that staff can make future repairs more quickly than sending cameras to a third -party. This also reduces the cost of each camera system.
Since the initial implementation of the portable cameras, they have been significant help in surveilling criminal activities, traffic -related offences, illegal trash dumping, illegal activities at parks, and various traffic intersections for a variety of reasons. They have been so successful throughout the City, requests have been made to surveille areas for criminal activities, arson attempts, and areas where theft of public property has occurred. Additionally, other departments are finding the portable cameras indispensable when utilized to view construction sites and monitor problem areas as they arise. Unfortunately, some of the requests cannot be fulfilled because the current inventory of portable cameras is being deployed to other priority areas within the City.
With the portable surveillance cameras proving to be an essential component of investigations, proactive enforcement, and arrests, staff requests approval to purchase fifteen (15) additional portable surveillance cameras utilizing Asset Forfeiture funds as part of the effort to purchase a total of eighteen (18) portable surveillance cameras. The remaining three (3) will be purchased from the Public Works General Fund approved FY 2023/2024 operating budget.
The requested portable camera systems are technologically improved from the last set of cameras purchased in July 2021. Axis portable cameras paired with Cradlepoint routers and 5G cellular service offer the City industry best components with outstanding camera resolution and modern cellular connectivity to our recording and AI (artificial intelligence) analysis systems.
ALTERNATIVES
1. Authorize the purchase of fifteen (15) portable surveillance cameras and related equipment and services, totaling $106,925 and a pprove budget adjustments as set forth in the Fiscal Impact section of this report . Staff recommends this alternative.
2. Do not authorize the purchase of fifteen (15) portable surveillance cameras and related equipment and services, totaling $106,925. Staff does not recommend this alternative.
FISCAL IMPACT
The Moreno Valley Police Department is requesting the City Council to approve the use of Asset Forfeiture funding secured by the County of Riverside to purchase fifteen (15) of eighteen (18) surveillance camera systems. Funding for this purchase will not have an impact on the City’s General Fund in FY 2023/2024.
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Description Fund GL Account No. Type
(Rev/Exp)
FY 2023/24
Proposed
Amendment
FY 2023/24
Amended
Budget
Asset Forfeiture
Revenue (from
County)
Gen. Fund 1010-60-65-40010-480150 Rev $106,925 $356,263 Oper Mtrls -Furn &
Equip Gen. Fund 1010-60-65-40010-630330 Exp $106,925 $126,925
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Shanna Palau Ken Reichle
Senior Contracts Analyst Chief of Police
Concurred By: Concurred By:
Steve Hargis Melissa Walker
Strategic Initiatives Manager Public Works Director/ City Engineer
CITY COUNCIL GOALS
Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
None
APPROVALS
Budget Officer Approval ✓ Approved . 11/13/23 8:52 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 11/13/23 8:56 AM A.14
Packet Pg. 177
Report to City Council
ID#6327 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: November 21, 2023
TITLE: JOINT MEETING OF CITY COUNCIL AND HOUSING
AUTHORITY RE A PROPOSED PRELIMINARY AWARD
LETTER THE CITY AND HOUSING AUTHORITY PROVIDE
CERTAIN COMMITMENTS TO LINWOOD ROSE, L.P. OR
ITS AFFILIATE, INCLUDING THE CITY’S COMMITMENT
TO SELL CERTAIN REAL PROPERTY LOCATED AT
24108 AND 24124 FIR AVENUE THEREBY PROVIDING
SITE CONTROL AND AN ENFORCEABLE FINANCIAL
COMMITMENT TO ISSUE THE RESIDUAL RECEIPTS
MOVAL LOAN RELATING TO PROPOSED
DEVELOPMENT OF THE LINWOOD ROSE PROJECT, A
36-UNIT AFFORDABLE HOUSING PROJECT
RECOMMENDED ACTION
Recommendations:
1. Adopt City Council Resolution No. 2023 -xx approving the Preliminary Award Letter issued by the City and Housing Authority to Linwood Rose, L.P. or Affiliate for development of The Linwood Rose Affordable Housing Project, including authority for the City Manager in consultation with the City Attorney to execute and implement the Preliminary Award Letter.
2. Adopt Housing Authority Resolution No. HA 2023 -xx approving the Preliminary Award Letter issued by the City and Housing Authority to Linwood Rose, L.P or Affiliate for development of The Linwood Rose Affordable Housing Project, including authority for the Executive Director in consultation with General Counsel to execute and implement the Preliminary Award Letter.
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SUMMARY
This report recommends the City Council and Housing Authority consider that certain Preliminary Award Letter and adopt resolutions, by which (i) the City commits to sell the Site to Developer, (ii) the City and Authority commit to provide to Developer an enforceable financial commitment, the MoVal Loan in connection with the proposed development called The Linwood Rose Affordable Housing Project (“Project”).
The proposed Project is a 36 -unit rental affordable housing development on two adjacent lots consisting of approximately 0.91 acres (approximately 39,600 square feet) located at 24124 and 24108 Fir Avenue, which is on the north side of Fir Avenue east of Heacock Street, as more particularly described in Attachment 1 (“Site”).
Linwood Rose, L.P. is a California limited partnership (“Developer”) that includes partners: (i) KDI Linwood Rose, LLC, a California limited liability company, (ii) RBD Linwood Rose, LLC, a California limited liability company, and (iii) Rancho Belago Developers, Inc., a California corporation (“RBD”). The partners are experienced in the construction, development, operation and management of high quality housing in Southern California, including multiple affordable housing projects in the City.
DISCUSSION
The City and Authority have undertaken the procedures under the Surplus Land Act, Government Code Section 54220, et seq. (“SLA”), including (i) issuance of the Notice of Availability, (ii) receipt of two Notices of Interest that propose development of affordable housing on the Site, including the submittal by RBD, and (iii) after good faith negotiations with both proposing developers, selection of the RBD proposal, which was submitted to and approved by the State of California, Department of Housing and Community Development (“HCD”) by letter dated October 31, 2023 pursuant to the SLA.
Developer desires to develop affordable housing on the Site, the City and Authority desire to issue to Developer the Award Letter to provide commitments that include:
(a) part of an “enforceable financial commitment” to issue the MoVal Loan in the estimated amount of Two Million Six Hundred Thirty -Eight Thousand Dollars ($2,638,000.00), which will be evidenced by the MoVal Loan Note and secured by the MoVal Loan Deed of Trust; the MoVal Loan Amount will include the cumulative total of (i) $2,063,000 cash s ubsidy, from the City and/or Authority of available funds that may be sourced from (A) the Authority’s low to moderate income housing asset fund (“LMIHAF”), (B) HOME Program funds, including HOME ARP funds, or (C) other funding sources, plus, (ii) carry back financing of the purchase price for the Site at its appraised value established at or near the date of the Closing of Financing, plus (iii) the cumulative fees, costs, and expenses incurred by MoVal for preparation of the Site for development as incurred during the period commencing on June 21, 2023 to the date of Closing of Financing, such as but not limited to environmental assessment, clearance or remediation (if any), engineering, economic analysis, and other consulting or professional services, but excluding in -house staff time, plus (iv) MoVal’s third party legal fees and costs incurred during the period commencing on June 21, 2023 and C.1
Packet Pg. 179
ending on the date of the Closing of Financing, and (b) “site control” through the City’s commitment to sell the Site to Developer for construction, development, and operation of The Linwood Rose Affordable Housing Project, as such commitments are required by the California Tax Credit Allocation Committee (“TCAC”) and its Tax Credit Rules, in particular California Code of Regulations, Title 4, Division 17, Chapter 1, Section 10325, in connection with Developer seeking a reservation of 9% Tax Credits under the program requirements.
Pursuant to this Award Letter, Developer proposes to plan, design, construct, complete and operate The Linwood Rose Affordable Housing Project (“Project”), a new 36 -unit multifamily affordable housing development (35 units plus one on -site manager unit).
The Linwood Rose will include one (1) three -story 36-unit building, with a gross building area of 31,499 square feet (“sq.ft.”). The residential units will include a total of thirty - three (33) 1-bedroom units at 530 sq.ft. (approx.), two (2) 2 -bedroom units at 716 sq.ft. (approx.), and one (1) 2 -bedroom Manager Unit at 716 sq.ft. (approx.) The onsite community space will include 1,020 sq.ft. of common outdoor patios and gathering space, 1,950 sq.ft. of common indoor space in the form of a community room and coffee bar, dedicated meeting rooms for onsite resident services (including supportive and social services), laundry rooms on each floor, and a covered transportation pick -up and drop-off area, with a gated entrance. The onsite landscaping will utilize drought tolerant planting, and decorative landscaping, and provide passive areas that include seating for the residents and their guests. There will be 18 standard and 4 accessible on -site vehicular parking spaces. The Project will provide a robust supportive and social services package to the residents in partnership with LifeSTEPs, with an emphasis on health and wellness.
As a part of RBD’s Notice of Interest and selection approved by the City and Authority, and thereafter by State HCD and as an Award Letter Condition Precedent, Developer has submitted an application to the City for certain approvals that will comprise the land use entitlement for development of the Project on the Site (provided however, the City Council and Authority Board reserve all rights, judgment and discretion related thereto.) Further, the Project is subject to the California Environmental Quality Act, Public Resources Code Section 21000, et seq., and the implementing Guidelines set forth at Title 14 California Code of Regulations Section 15000, et seq . (“CEQA”), and to the National Environmental Policy Act, 42 U.S.C. 4321, et seq. (“NEPA”), which studies and findings will be part of the land use entitlement, when considered by the City and Authority.
If and after Developer receives a reservation of Tax Credits, the City, Housing Authority, and Developer will negotiate and implement the Project under an Affordable Housing Agreement (“AHA”) by which Developer will acquire the Site from the City and develop and operate the Project to be maintained and managed in accordance with the AHA and other implementing instruments for an “Affordability Period” of not less than 55 years.
The AHA will append a MoVal Regulatory Agreement that will be recorded against the Site as a senior encumbrance, nonsubordinate to monetary liens to preserve the development and operation of affordable housing for the 55-year Affordability Period.
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The proposed sale of the Site by the City and development and operation of the Project will further the goals and objectives set forth in the City’s Housing Element of the General Plan, will achieve additional covenanted housing units to satisfy in part the City’s Regional Housing Needs Assessment obligation and allocation, and will implement state law for continued development of affordable housing in the community.
ALTERNATIVES
Alternative 1: Approve and adopt resolutions, respectively, by which the City Council and Housing Authority approve the Preliminary Award Letter and its implementation through sale of the Site and development of the Project; the resolutions authorize the City Manager and Executive Director to execute project -related documents and carry out The Linwood Rose Affordable Housing Project. Staff recommends this alternative as it will allow the City (and Housing Authority) to develop affordable housing on the Site.
Alternative 2: Do not approve and adopt resolutions approving the Preliminary Award Letter, nor authorize the City Manager and Executive Director to execute and carry out the Project. Staff does not recommend this alternative.
FISCAL IMPACT
As disclosed by the summary report including with this agenda report and pursuant to the Award Letter, the Developer will pay appraised fair market value for the Site ($395,000 as of the date of this agenda report, with valuation to be updated at or near the Closing of Financing), when the City sells the Site. The purchase price for the Site may be paid by Developer by cash or through a carry -back, residual receipts loan, which loan also includes the additional financial subsidies described above as the MoVal Loan Amount. The MoVal Loan will be evidenced by a MoVal Note and secured by a MoVal Deed of Trust subordinate to the Developer’s Primary Loan for construction and permanent financing, albeit the MoVal Regulatory Agreement will remain a senior, nonsubordinate encumbrance to preserve the use and operation of affordable housing.
NOTIFICATION
The notice of this joint meeting has been posted and publicized pursuant to the Brown Act and City policies, including posting of the agenda for this joint public meeting of the City Council and Housing Authority.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Dena Heald Brian Mohan
Deputy Compliance Director Assistant City Manager (Administration)
CITY COUNCIL GOALS
None
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CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Site Location - Assessor Map for APNs 481-130-022 and 481-130-023
2. Resolution 2023-XX_City Council
3. Resolution HA 2023-xx_Housing Authority
APPROVALS
Budget Officer Approval ✓ Approved . 11/13/23 9:51 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 11/13/23 10:07 AM C.1
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Attachment: Site Location - Assessor Map for APNs 481-130-022 and 481-130-023 (6327 : RESOLUTIONS RE A PROPOSED PRELIMINARY AWARD LETTER THE CITY)
1 Resolution No. 2023-XX
Date Adopted: November 21, 2023
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY APPROVING THAT CERTAIN PRELIMINARY
AWARD LETTER BY WHICH THE CITY AND MORENO VALLEY
HOUSING AUTHORITY PROVIDE CERTAIN COMMITMENTS TO
LINWOOD ROSE, L.P. OR ITS AFFILIATE, INCLUDING THE
CITY’S COMMITMENT TO SELL CERTAIN REAL PROPERTY
LOCATED AT 24108 AND 24124 FIR AVENUE THEREBY
PROVIDING SITE CONTROL AND AN ENFORCEABLE
FINANCIAL COMMITMENT TO ISSUE THE RESIDUAL RECEIPTS
MOVAL LOAN; AND MAKING CERTAIN OTHER FINDINGS
WHEREAS, the City of Moreno Valley (“City”) is a California municipal corporation; and
WHEREAS, the Moreno Valley Housing Authority (“Authority”) is a California housing authority duly organized and existing under the California Housing Authorities Law, Part 2 of Division 24, Section 34200, et seq., of the Health and Safety Code (“HAL”), and has been authorized to transact business and exercise the power of a California housing authority pursuant to action of the City Council (“City Council”) of the City of Moreno Valley; and
WHEREAS, the City of Moreno Valley (“City”) is a California municipal corporation; and
WHEREAS, the Authority, as the housing successor pursuant to Health and Safety Code (“HSC”) Section 34170, et seq. (“Dissolution Law”), maintains a Low and Moderate Income Housing Asset Fund (“Housing Asset Fund”) pursuant to Sections 34176 and 34176.1, which funds and assets are available to the Authority to assist in the development and operation of rental housing in Moreno Valley that is affordable to persons and families of low, very low, and extremely low income; and WHEREAS, the City is a participating jurisdiction with the United States Department of Housing and Urban Development (“HUD”) in the “HOME Program”, Title II of the Cranston Gonzalez National Affordable Housing Act (42 U.S.C. 12701 12839) and implementing regulations codified at 24 CFR Part 92), and the City is a recipient of funds appropriated under section 3205 of the American Rescue Plan Act of 2021 (P.L. 117 -2) under the HOME Program to provide homelessness assistance and supportive services (“HOME ARP”); and
WHEREAS, the HOME Program, including HOME ARP, has among its purposes, the strengthening of public-private partnerships to provide more affordable housing, and particularly to provide decent, safe, sanitary, and affordable housing, with primary attention to housing for very low income and lower income households, and these funds are used by the City to carry out multi -year housing strategies through acquisition, C.1.b
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Attachment: Resolution 2023-XX_City Council (6327 : RESOLUTIONS RE A PROPOSED PRELIMINARY AWARD LETTER THE CITY)
2 Resolution No. 2023-XX
Date Adopted: November 21, 2023
rehabilitation, and new construction of housing for target income persons and families; and
WHEREAS, Linwood Rose, L.P. is a California limited partnership (“Developer”), which entity includes partners: (i) KDI Linwood Rose, LLC, a California limited liability company (“Managing General Partner”), (ii) RBD Linwood Rose, LLC, a California limited liability company (“Administrative General Partner”, and (iii) Rancho Belago Developers, Inc., a California corporation, as limited partner (“RBD”); and WHEREAS, the Developer and its partners are experienced in the construction, development, operation and management of high quality housing in Southern California, including multiple affordable housing projects in the City; and WHEREAS, the City owns certain real property comprised of two vacant, adjacent parcels located at 24108 and 24124 Fir Avenue, on the north side of Fir Avenue, east of Heacock Street in the City of Moreno Valley, County of Riverside , approximately
0.91 acres (39,600 SF), APNs 481-130-022 and 481-130-023 (“Site”); and WHEREAS, the City and Authority have undertaken the procedures under the Surplus Land Act, Government Code Section 54220, et seq . (“SLA”), including (i) issuance of the Notice of Availability, (ii) receipt of two Notices of Interest that propose development of affordable housing on the Site, including the submittal by RBD, and (iii) after good faith negotiations with both proposing developers, selection of the RBD proposal, which was submitted to and approved by the State of California, Department of Housing and Community Development (“HCD”) by letter dated October 31, 2023 pursuant to the SLA; and
WHEREAS, the Authority and City desire to issue to the Developer, and Developer desires to agree to and implement that certain Preliminary Award Letter dated as of November 21, 2023 (“Award Letter”) that sets forth the basic terms among the Parties to fulfill the requirements for (a) the commitment of part of an “enforceable financial commitment” in the estimated amount of Two Million Six Hundred Thirty-Eight Thousand Dollars ($2,638,000.00), which will be evidenced by the MoVal Loan Note and secured by the MoVal Loan Deed of Trust, which MoVal Loan Amount will include the cumulative total of (i) $2,063,000 cash subsidy, from the City and/or Authority of available funds that may be sourced from ( A) the Authority’s low to moderate income housing asset fund (“LMIHAF”), (B) HOME Program funds, including HOME ARP funds, or (C) other funding sources, plus, (ii) carry back financing of the purchase price for the Site at its appraised value established at or near the date of the Closing of Financing, plus (iii) the cumulative fees, costs, and expenses incurred by MoVal for preparation of the Site for development as incurred during the period June 21, 2023 to the date of Closing of Financing, such as but not limited to environmental assessment, clearance or remediation (if any), engineering, economic analysis, and other consulting or professional services, but excluding in-house staff time, plus ( iv) MoVal’s third party legal fees and costs incurred during the period commencing on June 21, 2023 and ending on the date of the Closing of Financing, and (b) “site control” through the City’s commitment to sell the Site to Developer for construction, development, and operation of a 36 -unit new construction C.1.b
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Attachment: Resolution 2023-XX_City Council (6327 : RESOLUTIONS RE A PROPOSED PRELIMINARY AWARD LETTER THE CITY)
3 Resolution No. 2023-XX
Date Adopted: November 21, 2023
affordable housing project called “The Linwood Rose Affordable Housing Project” (“Project”) as required by the California Tax Credit Allocation Committee (“TCAC”) and its Tax Credit Rules, in particular California Code of Regulations, Title 4, Division 17, Chapter 1, Section 10325, in connection with Developer seeking a reservation of 9% Tax Credits under the program requirements; and
WHEREAS, capitalized terms used in this Resolution are as defined in the Award Letter; and
WHEREAS, it is contemplated under the Award Letter, and thereby the implementing Affordable Housing Agreement (“AHA”), as hereafter negotiated, that Developer will acquire the Site from the City and develop and operate on the Site the Project to be maintained and managed in accordance with the AHA and other implementing instruments to be entered into among the Parties with respect to the Project, throughout the Affordability Period for a term of not less than 55 years; and WHEREAS, as a part of Developer’s Notice of Interest and selection approved by the City and Authority, and thereafter by State HCD and as an Award Letter Condition Precedent, Developer shall make application to the City for certain approvals that will comprise the land use entitlement for development of the Project on the Site , provided however, the City Council (and Authority Board) reserve all rights, judgment and discretion related thereto; and
WHEREAS, in connection therewith, Developer shall comply with, and the Project is subject to, (i) the California Environmental Quality Act, Public Resources Code Section 21000, et seq., and the implementing Guidelines set forth at Title 14 California Code of Regulations Section 15000, et seq. (“CEQA”), and (ii) the National Environmental Policy Act, 42 U.S.C. 4321, et seq. (“NEPA”); and
WHEREAS, to gether the above -described land use and environmental quality actions will comprise the “Entitlement” and Developer shall have obtained all necessary approvals from the Authority Board (and City Council) as a condition precedent to Developer’s application to TCAC for a reservation of Tax Credits; and WHEREAS, the City Council and Authority duly noticed and held a joint public meeting to consider the Award Letter in accordance with applicable laws; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed Award Letter, in particular the commitment of the MoVal Assistance, all subject to the Award Letter Condition Precedent, desires to approve the Award Letter, and believes the Project is in the best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements.
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Attachment: Resolution 2023-XX_City Council (6327 : RESOLUTIONS RE A PROPOSED PRELIMINARY AWARD LETTER THE CITY)
4 Resolution No. 2023-XX
Date Adopted: November 21, 2023
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1: The foregoing recitals are true and correct and constitute a substantive part of this Resolution.
Section 2: The City Council hereby approves the Preliminary Award Letter among the City, Authority, and Developer , including the commitment to sell, and thereafter the sale of the Site and the enforceable financial commitment of funds, all as set forth in the form submitted and authorizes and directs the City Manager to take such actions as are necessary or convenient to implement such sale, funding, and development, pursuant to the implementing Affordable Housing Agreement. The City Manager is authorized t o approve modifications to the sale and Award Letter that do not materially change the terms and conditions of such sale and Award Letter in consultation with legal counsel.
Section 3: The City Manager is authorized to execute the Preliminary Award Letter, and subsequently and subject to compliance with the conditions set forth in the Preliminary Award Letter, negotiate the terms and conditions of the Affordable Housing Agreement and t he other and various implementing agreements and instruments on behalf of the City so long as in substance consistent with the transaction contemplated by the Preliminary Award Letter. In such regard, the City Manager (or designee) is authorized (a) to sign the final version of the Preliminary Award Letter after completion of non-substantive, minor revisions, if any, and (b) to negotiate and execute the final versions of the Affordable Housing Agreement and other instruments implementing The Linwood Rose Affordable Housing Project as set forth in the Preliminary Award Letter, as determined to be appropriate and in substantial conformity therewith. Copies of the final form of the Preliminary Award Letter, when duly executed, shall be placed on file in the office of the City Clerk. Further, the City Manager (or designee) is authorized to implement the Preliminary Award Letter and take all further actions and execute all documents referenced therein and/or necessary and appropriate to carry out the transaction contemplated by the Preliminary Award Letter. If necessary during the implementation of the Preliminary Award Letter the City Manager is authorized to make technical or minor changes and interpretations of the Preliminary Award Letter to properly implement and carry out the Preliminary Award Letter, including exhibits, if any, thereto, provided any and all such changes shall not in any manner materially affect the rights and obligations of the City (or Authority) under the Preliminary Award Letter. The City Manager, in his or her sole discretion, may present the Affordable Housing Agreement and/or other implementing agreement(s) or instruments to the City Council as and if he or she deems necessary and shall present such document(s) for City Council consideration and action if materially and/or substantively beyond the terms and conditions of the Preliminary Award Letter.
Section 5: This Resolution shall be effective immediately upon adoption.
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Attachment: Resolution 2023-XX_City Council (6327 : RESOLUTIONS RE A PROPOSED PRELIMINARY AWARD LETTER THE CITY)
5 Resolution No. 2023-XX
Date Adopted: November 21, 2023
Section 6: The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 21st day of November 2023.
_____________________________
Ulises Cabrera, Mayor
ATTEST:
____________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
____________________________
Steven Quintanilla, City Attorney
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Attachment: Resolution 2023-XX_City Council (6327 : RESOLUTIONS RE A PROPOSED PRELIMINARY AWARD LETTER THE CITY)
6 Resolution No. 2023-XX
Date Adopted: November 21, 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 21st of November, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
Jane Halstead, City Clerk
(SEAL)
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Attachment: Resolution 2023-XX_City Council (6327 : RESOLUTIONS RE A PROPOSED PRELIMINARY AWARD LETTER THE CITY)
1 Resolution No. HA 2023-XX
Date Adopted: November 21, 2023
4888-8236-0943v5/200382-0009
RESOLUTION NO. HA 2023-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MORENO VALLEY HOUSING AUTHORITY APPROVING THAT
CERTAIN PRELIMINARY AWARD LETTER BY WHICH THE CITY
OF MORENO VALLY AND MORENO VALLEY HOUSING
AUTHORITY PROVIDE CERTAIN COMMITMENTS TO
LINWOOD ROSE, L.P. OR ITS AFFILIATE, INCLUDING THE
CITY’S COMMITMENT TO SELL CERTAIN REAL PROPERTY
LOCATED AT 24108 AND 24124 FIR AVENUE THEREBY
PROVIDING SITE CONTROL AND AN ENFORCEABLE
FINANCIAL COMMITMENT TO ISSUE THE RESIDUAL RECEIPTS
MOVAL LOAN; AND MAKING CERTAIN OTHER FINDINGS
WHEREAS, the Moreno Valley Housing Authority (“Authority”) is a California housing authority duly organized and existing under the California Housing Authorities Law, Part 2 of Division 24, Section 34200, et seq., of the Health and Safety Code (“HAL”), and has been authorized to transact business and exercise the power of a California housing authority pursuant to action of the City Council (“City Council”) of the City of Moreno Valley; and
WHEREAS, the Authority, as the housing successor pursuant to Health and Safety Code (“HSC”) Section 34170, et seq. (“Dissolution Law”), maintains a Low and Moderate Income Housing Asset Fund (“Housing Asset Fund”) pursuant to Sections 34176 and 34176.1, which funds and assets are available to the Authority to assist in the development and operation of rental housing i n Moreno Valley that is affordable to persons and families of low, very low, and extremely low income; and WHEREAS, the City of Moreno Valley (“City”) is a California municipal corporation; and
WHEREAS, the City and Authority may be referred to in this Resolution and in the Preliminary Award Letter as “MoVal” and
WHEREAS, the City is a participating jurisdiction with the United States Department of Housing and Urban Development (“HUD”) in the “HOME Program”, Title II of the Cranston Gonzalez National Affordable Housing Act (42 U.S.C. 12701 12839) and implementing regulations codified at 24 CFR Part 92), and the City is a recipient of funds appropriated under section 3205 of the American Rescue Plan Act of 2021 (P.L. 117 -2) under the HOME Program to provide homelessness assistance and supportive services (“HOME ARP”); and
WHEREAS, the HOME Program, including HOME ARP, has among its purposes, the strengthening of public-private partnerships to provide more affordable housing, and particularly to provide decent, safe, sanitary, and affordable housing, with primary C.1.c
Packet Pg. 190
Attachment: Resolution HA 2023-xx_Housing Authority (6327 : RESOLUTIONS RE A PROPOSED PRELIMINARY AWARD LETTER THE CITY)
2 Resolution No. HA 2023-XX
Date Adopted: November 21, 2023
4888-8236-0943v5/200382-0009
attention to housing for very low income and lower income households, and these funds are used by the City to carry out multi -year housing strategies through acquisition, rehabilitation, and new construction of housing for target income persons and familie s; and
WHEREAS, Linwood Rose, L.P. is a California limited partnership (“Developer”) , which entity includes partners: (i) KDI Linwood Rose, LLC, a California limited liability company (“Managing General Partner”), (ii) RBD Linwood Rose, LLC, a California limited liability company (“Administrative General Partner”, and (iii) Rancho Belago Developers, Inc., a California corporation, as limited partner (“RBD”); and WHEREAS, the Developer and its partners are experienced in the construction, development, operation and management of high quality housing in Southern California, including multiple affordable housing projects in the City; and WHEREAS, the City owns certain real property comprised of two vacant, adjacent parcels located at 24108 and 24124 Fir Avenue, on the north side of Fir Avenue, east of Heacock Street in the City of Moreno Valley, County of Riverside , approximately
0.91 acres (39,600 SF), APNs 481-130-022 and 481-130-023 (“Site”); and WHEREAS, the City and Authority have undertaken the procedures under the Surplus Land Act, Government Code Section 54220, et seq . (“SLA”), including (i) issuance of the Notice of Availability, (ii) receipt of two Notices of Interest that propose development of affordable housing on the Site, including the submittal by RBD, and (iii) after good faith negotiations with both proposing developers, selection of the RBD proposal, which was submitted to and approved by the State of California, Department of Housing and Community Development (“HCD”) by letter dated October 31, 2023 pursuant to the SLA; and
WHEREAS, the Authority and City desire to issue to the Developer, and Developer desires to agree to and implement that certain Preliminary Award Letter dated as of November 21, 2023 (“Award Letter”) that sets forth the basic terms among the Parties to fulfill the requirements for ( a) the commitment of part of an “enforceable financial commitment” in the estimated amount of Two Million Six Hundred Thirty-Eight Thousand Dollars ($2,638,000.00), which will be evidenced by the MoVal Loan Note and secured by the MoVal Loan Deed of Trust, which MoVal Loan Amount will include the cumulative total of (i) $2,063,000 cash subsidy, from the City and/or Authority of available funds that may be sourced from ( A) the Authority’s low to moderate income housing asset fund (“LMIHAF”), (B) HOME Program funds, including HOME ARP funds, or (C) other funding sources, plus, (ii) carry back financing of the purchase price for the Site at its appraised value established at or near the date of the Closing of Financing, plus (iii) the cumulative fees, costs, and expenses incurred by MoVal for preparation of the Site for development as incurred during the period June 21, 2023 to the date of Closing of Financing, such as but not limited to environmental assessment, clearance or remediation (if any), engineering, economic analysis, and other consulting or professional services, but C.1.c
Packet Pg. 191
Attachment: Resolution HA 2023-xx_Housing Authority (6327 : RESOLUTIONS RE A PROPOSED PRELIMINARY AWARD LETTER THE CITY)
3 Resolution No. HA 2023-XX
Date Adopted: November 21, 2023
4888-8236-0943v5/200382-0009
excluding in-house staff time, plus ( iv) MoVal’s third party legal fees and costs incurred during the period commencing on June 21, 2023 and ending on the date of the Closing of Financing, and ( b) “site control” through the City’s commitment to sell the Site to Developer for construction, development, and operation of a 36 -unit new construction affordable housing project called “The Linwood Rose Affordable Housing Project” (“Project”) as required by the California Tax Credit Allocation Committee (“TCAC”) and its Tax Credit Rules, in particular California Code of Regulations, Title 4, Division 17, Chapter 1, Section 10325, in connection with Developer seeking a reservation of 9% Tax Credits under the program requirements; and
WHEREAS, capitalized terms used in this Resolution are as defined in the Award Letter; and
WHEREAS, it is contemplated under the Award Letter, and thereby the implementing Affordable Housing Agreement (“AHA”), as hereafter negotiated, that Developer will acquire the Site from the City and develop and operate on the Site the Project to be maintained and managed in accordance with the AHA and other implementing instruments to be entered into among the Parties with respect to the Project, throughout the Affordability Period for a term of not less than 55 years; and WHEREAS, as a part of Developer’s Notice of Interest and selection approved by the City and Authority, and thereafter by State HCD and as an Award Letter Condition Precedent, Developer shall make application to the City for certain approvals that will comprise the land use entitlement for development of the Project on the Site , provided however, the Authority Board (and City Council) reserve all rights, judgment and discretion related thereto; and
WHEREAS, in connection therewith, Developer shall comply with, and the Project is subject to, (i) the California Environmental Quality Act, Public Resources Code Section 21000, et seq., and the implementing Guidelines set forth at Title 14 California Code of Regulations Section 15000, et seq. (“CEQA”), and (ii) the National Environmental Policy Act, 42 U.S.C. 4321, et seq. (“NEPA”); and
WHEREAS, to gether, the above -described land use and environmental quality actions will comprise the “Entitlement” and Developer shall have obtained all necessary approvals from the City and Authority as a condition precedent to Developer’s application to TCAC for a reservation of Tax Credits; and
WHEREAS, the Authority Board and City Council duly noticed and held a joint meeting to consider the Award Letter in accordance with applicable laws; and WHEREAS, the Authority has duly considered all terms and conditions of the proposed Award Letter, in particular the commitment of the MoVal Assistance, all subject to the Award Letter Condition Precedent, desires to approve the Award Letter, and believes the Project is in the best interests of Moreno Valley and the health, safety, and C.1.c
Packet Pg. 192
Attachment: Resolution HA 2023-xx_Housing Authority (6327 : RESOLUTIONS RE A PROPOSED PRELIMINARY AWARD LETTER THE CITY)
4 Resolution No. HA 2023-XX
Date Adopted: November 21, 2023
4888-8236-0943v5/200382-0009
welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements.
NOW, THEREFORE, THE MORENO VALLY HOUSING AUTORITY DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1: The foregoing recitals are true and correct and constitute a substantive part of this Resolution.
Section 2: The Authority hereby approves the Preliminary Award Letter among the City, Authority, and Developer, the commitment of the MoVal Assistance, all as set forth in the form submitted and authorizes and directs the Executive Director to take such actions as are necessary or convenient to implement the Award Letter and the implementing Affordable Housing Agreement.
Section 3: The Authority hereby authorizes the Executive Director to and approve (or disapprove) changes to the Preliminary Award Letter as may be mutually agreed upon by the Executive Director (or designee), the City Attorney (or special counsel), and the Developer, respectively, as are minor and in substantial conformance with the form of the Preliminary Award Let ter submitted herewith. The Executive Director is authorized to execute the Preliminary Award Letter, and subsequently and subject to compliance with the conditions set forth in the Preliminary Award Letter, negotiate the terms and conditions of the Affordable Housing Agreement and the other and various implementing agreements and instruments on behalf of the Authority so long as in substance consistent with the transaction contemplated by the Preliminary Award Letter. In such regard, the Executive Director (or designee) is authorized (a) to sign the final version of the Preliminary Award Letter after completion of non-substantive, minor revisions, if any, and (b) to negotiate and execute the final versions of the Affordable Housing Agreement and other instruments implementing The Linwood Rose Affordable Housing Project as set forth in the Preliminary Award Letter and AHA, as determined to be appropriate and in substantial conformity with the terms and conditions therewith. Copies of the final form of the Preliminary Award Letter, when duly executed, shall be placed on file in the office of the Authority Secretary. Further, the Executive Director (or designee) is authorized to implement the Preliminary Award Letter and take all further actions and execute all documents referenced therein and/or necessary and appropriate to carry out the transaction contemplated thereby. The Executive Director (or designee) is hereby authorized to the extent necessary during the implementation of the Preliminary Award Letter to make technical or minor changes and interpretations of the Preliminary Award Letter after execution, as necessary to properly implement and carry out the Preliminary Award Letter, including exhibits, if any, thereto, provided any and all such changes shall not in any manner materially affect the rights and obligations of the Authority (or City) under the Preliminary Award Letter. The Executive Director, in his or her sole discretion, may present the Affordable Housing Agreement and/or other implementing agreement(s) or instruments to the Authority Board as and if he or she deems necessary and shall present such document(s) for Authority Board consideration and action if materially and/or C.1.c
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Attachment: Resolution HA 2023-xx_Housing Authority (6327 : RESOLUTIONS RE A PROPOSED PRELIMINARY AWARD LETTER THE CITY)
5 Resolution No. HA 2023-XX
Date Adopted: November 21, 2023
4888-8236-0943v5/200382-0009
substantively beyond the terms and conditions of the Preliminary Award Letter after execution, as necessary to properly implement and carry out the Preliminary Award Letter, including exhibits, if any, thereto, provided any and all such changes shall not in any manner materially affect the rights and obligations of the Authority (or City) under the Preliminary Award Letter.
Section 6: This Resolution shall be effective immediately upon adoption.
Section 7: The Authority Secretary shall certify to the adoption of this Resolution.
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption.
APPROVED AND ADOPTED this 21st day of November 2023.
___________________________
Chair of the Moreno Valley Housing
Authority
ATTEST:
____________________________
Authority Secretary, acting in the capacity of
Secretary of the Moreno Valley Housing Authority
APPROVED AS TO FORM:
____________________________
City Attorney, acting in the capacity
of General Counsel of the
Moreno Valley Housing Authority
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Attachment: Resolution HA 2023-xx_Housing Authority (6327 : RESOLUTIONS RE A PROPOSED PRELIMINARY AWARD LETTER THE CITY)
6 Resolution No. HA 2023-XX
Date Adopted: November 21, 2023
4888-8236-0943v5/200382-0009
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halsted, Secretary of the Moreno Valley Housing Authority of the City of Moreno Valley, California, do hereby certify that Resolution No. HA 2023 -XX was duly and regularly adopted by the Commissioners of the Moreno Valley Housing Authority at a regular meeting thereof held on the 21st day of November 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Authority Board Members, Vice Chair and Chair)
___________________________________
Jane Halstead, Authority Secretary
(SEAL)
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Attachment: Resolution HA 2023-xx_Housing Authority (6327 : RESOLUTIONS RE A PROPOSED PRELIMINARY AWARD LETTER THE CITY)
Report to City Council
ID#6431 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: November 21, 2023
TITLE: PUBLIC HEARING, SECOND READING, AND ADOPTION
OF COUNTY ORDINANCE NUMBER 987 REGARDING
UNLAWFUL POSSESSION OF CATALYTIC
CONVERTERS (ORD. NO. 1003)
RECOMMENDED ACTION
Recommendations: That the City Council:
1. CONDUCT a Public Hearing to receive public input on the proposed Ordinance adopting Riverside County Ordinance number 987 regarding unlawful possession of catalytic converters; and
2. CONDUCT a second reading by title only and adopt Ordinance No. 100 3, amending Title 11 of the City of Moreno Valley Municipal Code, adding Chapter
11.97, adopting by reference Riverside County Ordinance No. 987.
SUMMARY
This report recommends the City Council conduct a public hearing to receive public input regarding the proposed adoption of Ordinance No. 100 3, introduced at the October 17, 2023, City Council meeting, amending Title 11 of the City of Moreno Valley Municipal Code, adding Chapter 11.97, adopting by reference Riverside County Ordinance No. 987.
Upon conclusion of the public hearing, the City Council may adopt, amend , or reject Ordinance No. 1003 In accordance with Government Code Section 50022.4.
The adoption by reference of Riverside County Ordinance will enable Riverside County the ability to enforce their Ordinance in the City of Moreno Valley.
DISCUSSION
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The City Council took actions to introduce the ordinance at the October 17, 2023, City Council meeting and to schedule the introduced ordinance for public hearing to receive public input at the November 21, 2023, City Council meeting.
ALTERNATIVES
1. Conduct the public hearing to receive public input regarding the proposed adoption of Ordinance No. 100 3 and Conduct a second reading by title only and adopt Ordinance No. 100 3, adopting by reference Riverside County Ordinance 987. Staff recommends this alternative.
2. Provide alternate direction to staff.
FISCAL IMPACT
There is no fiscal impact with the adoption of this Ordinance.
NOTIFICATION
The public hearing held on November 21, 2023, has been properly noticed as a Public Hearing as required by Government Code Section 6066, and the City Council agenda was duly noticed.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Brian Mohan Brian Mohan
Assistant City Manager (Administration) Assistant City Manager (Administration)
CITY COUNCIL GOALS
Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
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ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. 11.21.23 ORDINANCE ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCES 987 CATALYTIC CONVERTERS(10.11.23)
APPROVALS
Budget Officer Approval ✓ Approved . 11/13/23 7:48 AM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 11/13/23 8:58 AM F.1
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ORDINANCE NO. 1003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, ADDING CHAPTER 11.97 (“UNLAWFUL
POSSESSION OF A CATALYTIC CONVERTER ”) TO TITLE 11 (“PEACE, MORALS, AND SAFTETY ”) OF THE MORENO VALLEY MUNICIPAL
CODE, ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCE
NO. 987, “AN ORDINANCE OF THE COUNTY OF RIVERSIDE RELATING TO THE UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER”
WHEREAS, the City of Moreno Valley (the “City”) is a general law city organized pursuant to Article XI of the California Constitution; and
WHEREAS, in 2022, the Governor signed into law Senate Bill 1087, amending Section 21610 of the California Business and Professions Code and Section 10852.5 of the California Vehicle Code, prohibiting any person from purchasing a used catalytic converter from anybody other than certain specified sellers; prohibited core recycler from purchasing a catalytic converter from anybody other than specified sellers; and making a violation of the provisions to be an infraction, punishable by a fine; and
WHEREAS, the County of Riverside (“County”) adopted Ordinance No. 987, an “Ordinance of the County of Riverside Relating to the Unlawful Possession of a Catalytic Converter,” (“Ordinance 987”), to curb the theft of catalytic converters throughout the County and to provide the Count with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts; and
WHEREAS, City staff recommends that the City adopt and incorporate by reference Ordinance 987 into Title 11 (“Peace, Morals, and Safety ”) of the Moreno Valley Municipal Code, as set forth herein , providing the County a means to protect the public and deter certain criminal activity.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully set forth herein.
Section 2. ADOPTION OF RIVERSIDE COUNTY ORDINANCE NO. 987 BY REFERENCE, ADDING CHAPTER 11.97 (“UNLAWFUL
POSSESSION OF A CATALYTIC CONVERTER ”) TO TITLE 11 OF
THE MORENO VALLEY MUNICIPAL CODE
A. That the City Council hereby adopts Riverside County Ordinance No. 987, an “Ordinance of the County of Riverside Relating to the Unlawful Possession of a Catalytic F.1.a
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Attachment: 11.21.23 ORDINANCE ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCES 987 CATALYTIC CONVERTERS(10.11.23) Converter” as may be amended, which is incorporated by reference as though set forth at length herein, upon the effective date of this ordinance.
B. That Chapter 11.97 (“Unlawful Possession of a Catalytic Converter”) is hereby added to Title 11 of the Moreno Valley Municipal Code as follows:
11.97 RIVERSIDE COUNTY ORDINANCE NO. 987 UNLAWFUL POSSESSION
OF A CATALYTIC CONVERTER
11.97.010 Adopted.
Riverside County Ordinance No. 987, an “Ordinance of the County of Riverside Relating to the Unlawful Possession of a Catalytic Converter,” (“Ordinance No. 987”) as may be amended in the future, is adopted and made a part of this chapter by reference.
11.97.020 Definitions
All words and terms used herein without definition shall have the meanings assigned to them in Ordinance No. 987.
11.97.030 Violations and Enforcement
A. Misdemeanor Penalty. Any person who violates any provision of this ordinance is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for a term not exceeding one year, or by both. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of one thousand dollars ($1,000) and by imprisonment in the County jail for one year.
B. State Penalties Apply. Nothing in this ordinance shall be intended to limit any of the penalties provided for under California law, including but not limited to the Penal Code, with regard to the sale, use, possession, delivery, and/or receipt of catalytic converters.
C. Administrative Civil Penalty. In addition to any other penalties provided by law, whenever an Enforcement Officer determines a violation of this ordinance has occurred, the Enforcement Officer shall have the authority to issue an administrative citation wi th an administrative civil penalty to any person responsible for the violation. Any administrative civil penalty shall be one thousand dollars ($1,000) for the first offense, two thousand dollars ($2,000) for the second offense within thirty -six (36) mo nths, and five thousand dollars ($5,000) for each subsequent offense within thirty -six (36) months. The administrative citation shall contain the following information: (1) date, location and approximate time the violation was observed; (2) the amount of t he administrative civil penalty imposed for the violation; (3) instructions for the payment of the administrative civil penalty, the time period by which it shall be paid, and the consequences of failure to pay the administrative civil penalty within this time; (4) instructions on how to appeal the administrative citation; and (5) the signature of the Enforcement Officer. The failure of the administrative citation to set forth F.1.a
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Attachment: 11.21.23 ORDINANCE ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCES 987 CATALYTIC CONVERTERS(10.11.23) all required contents shall not affect the validity of the administrative citation or any proceedings to enforce said citation. The administrative civil penalty may be imposed via the administrative process set forth in this ordinance or may be imposed by the court if the violation requires court enforcement without an administrative process.
D. Separate Offenses. Acts, omissions, or conditions in violation of this ordinance that continue, exist, or occur on more than one day constitute separate violations on each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this or dinance. A person is deemed guilty of a separate offense for each and every violation of this ordinance, or any portion thereof.
Likewise, a person shall be deemed guilty of a separate offense for each and every catalytic converter in the person’s possession that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter.
E. Non-Exclusive Remedies and Penaltie s. All remedies and penalties for violations of the prohibitions in this ordinance shall be cumulative and not exclusive.
Enforcement by use of any administrative, criminal or civil action, citation or administrative proceeding or abatement remedy does not preclude the use of additional citations or other remedies as authorized by other ordinance or law. Enforcement remedies may be employed concurrently or consecutively. Conviction and punishment of or enforcement against any person hereunder shall not relieve such person from the responsibility of correctin g, removing or abating a violation, nor prevent the enforced correction, removal or abatement thereof.
Section 4. ENFORCEMENT AUTHORITY
That the City Council hereby delegates the authority to the County to administer and enforce the provisions of Ordinance No. 987, as adopted and incorporated herein, within the jurisdictional boundaries of the City, which shall not preclude the City from taking any enforcement action as it deems necessary at any time in accordance with applicable law.
Section 5. SEVERABILITY
That t he City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 6. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Moreno Valley Municipal Code as heretofore adopted by the City of Moreno Valley that are in conflict with the provisions of this ordinance are hereby repealed.
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Attachment: 11.21.23 ORDINANCE ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCES 987 CATALYTIC CONVERTERS(10.11.23) Section 7. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its adoption.
Section 8. AMENDING OF BAIL SCHEDULE
That the City Attorney is hereby directed to determine whether this ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
Section 9. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
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Attachment: 11.21.23 ORDINANCE ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCES 987 CATALYTIC CONVERTERS(10.11.23) The foregoing Ordinance was approved and adopted at a meeting of the City Council held on _____________, 2023, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
_______________________________
Ulises Cabrera, Mayor
ATTEST:
_______________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
_______________________________
Steven B. Quintanilla, City Attorney
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Attachment: 11.21.23 ORDINANCE ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCES 987 CATALYTIC CONVERTERS(10.11.23)
Report to City Council
ID#6427 Page 1
TO: Mayor and City Council
FROM: Launa Jimenez, Chief Financial Officer
Brian Mohan, Assistant City Manager
AGENDA DATE: November 21, 2023
TITLE: PUBLIC HEARING ON THE ESTABLISHMENT OF
COMMUNITY FACILITIES DISTRICT 2023 -01 (PUBLIC
SAFETY SERVICES); ACTIONS RELATED TO THE
ESTABLISHMENT OF SAME; THE LEVY OF A SPECIAL
TAX WITHIN SAME; AND THE ESTABLISHMENT OF A
FUTURE ANNEXATION AREA IN CONNECTION WITH
SAME (RESO. NO. 2023-XX, 2023-XX, 2023-XX, ORD. NO.
XX)
RECOMMENDED ACTION
Recommendations: That the City Council:
1. Conduct the Public Hearing on the establishment of Community Facilities District No. 2023-01 (Public Safety Services).
2. Adopt Resolution No. 2023-XX, a Resolution of the City Council of the City of Moreno Valley, California, Establishing Community Facilities District No. 2023-01 ( Public Safety Services ) and Calling a Special Election in Connection with said District.
3. Direct the City Clerk of the City of Moreno Valley to canvass the special election and report the results of the special election to the City Council.
4. Adopt Resolution No. 2023-XX, a Resolution of the City Council of the City of Moreno Valley, California, Declaring the Results of an Election in Community Facilities District No. 2023-01 (Public Safety Services).
5. Introduce Ordinance No. XX, an Ordinance of the City Council of the City of Moreno Valley, California, Levying a Special Tax in Connection with F.2
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Community Facilities District No. 2023 -01 (Public Safety Services) and Taking Certain Related Actions.
6. Adopt Resolution No. 2023-XX, a Resolution of the City Council of the City of Moreno Valley, California, Declaring its Intention to Provide for Future Annexation of Territory to Community Facilities District No. 2023 -01 (Public Safety Services).
SUMMARY
This report recommends that the City Council convene a Public Hearing on the establishment of City of Moreno Valley Community Facilities District No. 2023 -01 (Public Safety Services) (the “CFD”). This report further recommends that, following the public hearing, the City Council take actions to establish the CFD; conduct a special property-owner mail-ballot election to approve a special tax on real property in the CFD to fund public safety services and an appropriations limit for the CFD; and introduce an Ordinance levying the special tax. These actions only directly impact the owner of Tract 38237, which would initially be the only tract in the CFD. The owner of Tract 38237 has petitioned for its inclusion in the CFD.
This report also recommends that the City Council approve a resolution declaring the Council’s intent to designate the entire territory of the City as a future annexation area for the CFD. If, at a subsequent meeting, the City Council acts to make that designation, then the owners of parcels in the City will be able to annex their parcels to the CFD by petition, without the need for additional elections.
DISCUSSION
As a condition of approval of development projects, the City requires developers to mitigate the cost of certain impacts created by the proposed development. Currently, the ongoing costs of additional public safety service needed to serve new residential and non -residential development, are not matched with an ongoing revenue stream provided by the developer. Therefore, the City is moving towards requiring that new development provide an ongoing funding source to cover the fiscal impact of public safety services.
The Mello -Roos Community Facilities Act of 1982 (the “Act”) offers the development community a tool to provide an ongoing funding source to fund services to new development. Developers choosing to use this tool would authorize the City to include their property in a CFD. In connection with that CFD, the City would then levy an annual special tax to fund public safety services, collected on the annual property tax bill, against the property in the development project.
On October 17, 2023 , City Council adopted its Resolution No. 202 3-68, initiating proceedings to establish the proposed CFD No. 202 3-01 (Public Safety Services ). The Rate and Method of Apportionment of the special tax (the "RMA") attached to th at Resolution establishes a tax rate for all development types (i.e. residential and non - F.2
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residential). The rates were established based on projected impacts to operational costs related to public safety services . The RMA assigns the formula to calculate the maximum special tax rate and outlines how the special tax is apportioned to properties annexed into the CFD. For example, the special tax rate for a single -family residential development is levied on a per unit basis. The special tax rate for non -residential development is based on the square footage of the building area.
The property owner of residential housing Tract 3 8237, D.R. Horton Los Angeles Holding Company, Inc., will use CFD No. 202 3-01 to satisfy one of its condition s of approval for the development of 67 single-family residential lots. Tract 3 8237 is located on the northeast corner of Oliver St., and Brodiaea Ave.
On October 17, 2023, the City Council called a public hearing for tonight’s council meeting regarding the establishment of the CFD. Staff requests that the City Council conduct that public hearing. After the Public Hearing, staff requests that the City Council approve Resolution No. 2023 -XX, establishing CFD No. 2023 -01 and calling a special election in connection with the CFD (Attachment 1). If the resolution is approved, the City Clerk can open and count the property owner’s ballot. Provided the property owner approves the ballot, City Council can then approve Resolution No. 2023 -XX, Declaring the Results of the Special Election (Attachment 2) and introduce an Ordinance No.
XXX, authorizing the levy of a special tax in connection with CFD No. 2023 -01 (Attachment 3). The Ordinance will become effective 30 days after the second reading (scheduled for December 5, 2023), at which point the City can levy the special tax on the properties forming CFD No. 2023-01, consistent with the terms of the RMA.
It is anticipated that additional property owners of new development projects will request to annex into the CFD to satisfy their condition of approval of providing an ongoing funding source for public safety services. The Act authorizes the Council to designate a future annexation area, which will streamline the annexation process. With a designated future annexation area, the annexations can be completed in the future, without public hearings, upon the unanimous approval of the owner (s) of each parcel (s) at the time that the parcel(s) are annexed.
To use the alternative annexation process, the Act requires the Council to adopt a Resolution No. 2023-XX, Declaring its Intention to Designate a Future Annexation Area (Attachment 4). The resolution calls a public hearing for January 2, 2024 to consider the designation. If the Future Annexation Area is approved following the hearing, developing property owners will immediately be able to use the streamlined process to annex to the CFD.
Pursuant to Section 53321.5 of the Act, a CFD Report has been prepared and is included with this report (Attachment 5). The boundary maps for the formation of CFD 2023-01 and the Future Annexation Area are also included (Attachments 6 and 7).
ALTERNATIVES
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1. Conduct the Public Hearing and approve the recommended actions as presented. Staff recommends this alternative since it will provide a revenue stream for public safety service impacted by both residential and non-residential development. It also provides alternative and equitable funding options for all development types.
2. Open the Public Hearing and continue it to a future regularly scheduled meeting. Staff does not recommend this alternative because it will delay announcement of the special election results and may delay project development.
3. Conduct the Public Hearing, but do not approve the recommended actions as presented. Staff does not recommend this alternative because it may delay project development. The City will incur additional costs to reinitiate the process.
FISCAL IMPACT
The requested actions would levy an annual special tax at the maximum annual rate of $242 per single family residential unit, $206 per other residential unit, and $56 per 1,000 square feet of non -residential improvements. The maximum special tax is subject to an annual inflation adjustment based on the change in the Consumer Price Index (CPI) for All Urban Consumers for the Riverside-San Bernardino-Ontario Region as published by the Department of Labor’s Bureau of Labor Statistics or five percent (5%), whichever is greater. However, the annual adjustment cannot be applied unless City Council approves the annual adjustment.
The maximum special tax rates cannot be increased beyond the annual inflationary adjustment without approval of the Qualified Electors (i.e. landowner or registered voters, depending upon the number of registered voters) who are subject to the tax. In the event revenues exceed expenditures for this program, the special tax rate applied to the property tax roll will be less than the maximum special tax rate.
Third party costs associated with formation of the CFD are projected at $ 35,000 for a special tax consultant, special legal counsel, legal notice publication costs, recording costs, and other related expenses. Sufficient funds exist in the City’s FY 202 3-25 Adopted Operating Budget of the Special Districts Administrative Fund 2006 -30-79- 25701.
NOTIFICATION
The Press -Enterprise published the legal notice for tonight’s Public Hearing on November 14, 2023, consistent with the Act.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Felicia London Launa Jimenez
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Special Districts Division Manager Chief Financial Officer
CITY COUNCIL GOALS
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 Establishing CFD 2023-01
2. Resolution Declaring Election Results
3. Ordinance Levying a Special Tax
4. Resolution of Intent
5. Special Tax Report - CFD 2023-01
6. Boundary Map for CFD
7. Boundary Map - Future Annex Area
APPROVALS
Budget Officer Approval ✓ Approved . 11/13/23 5:10 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 11/13/23 5:43 PM F.2
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1 Resolution No. 2023-____
Date Adopted: November 21, 2023
RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, ESTABLISHING
COMMUNITY FACILITIES DISTRICT NO. 2023-01 (PUBLIC
SAFETY SERVICES) AND CALLING A SPECIAL ELECTION
IN CONNECTION WITH SAID DISTRICT
WHEREAS, the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”) authorizes the City Council to establish a community facilities district to finance certain services within the district; and WHEREAS, by its Resolution No. 2023-68, the City Council declared its intention to establish Community Facilities District No. 20 23-01 ( Public Safety Services) (the “CFD”); and
WHEREAS, the initial boundaries of the CFD encompass Tract 38237; and WHEREAS, the CFD Administrator has studied the proposed CFD and filed a report with the City Council containing the information required by Section 53321.5 of the Act (the “Report”); and
WHEREAS, the Report is on file in the Office of the City Clerk and available for public inspection; and
WHEREAS, on November 21, 2023 , at 6:00 PM, in the City Council Chambers located at 14177 Frederick Street, Moreno Valley, California 92553, the City Council held a public hearing on the establishment of the CFD; and
WHEREAS, notice of the hearing was published as required by law; and WHEREAS, at the hearing the City Council heard the testimony of all interested persons or taxpayers for or against the establishment of the CFD, the extent of the CFD, or the furnishing of specified types of public services; and WHEREAS, a majority protest does not exist pursuant to Section 53324 of the Act with respect to the establishment of the CFD or any aspect of the CFD; and WHEREAS, the City Council now desires to establish the CFD.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
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Attachment: Resolution Establishing CFD 2023-01 [Revision 3] (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF COMMUNITY 2 Resolution No. 2023-____
Date Adopted: November 21, 2023
1. Recitals. The above recitals are all true and correct.
2. Establishment of CFD. The City Council hereby establishes the CFD pursuant to the Act.
3. Name of CFD. The CFD is designated “City of Moreno Valley Community Facilities District No. 2023-01 (Public Safety Services).”
4. Boundaries of the CFD. The boundaries of the CFD are shown on the map entitled “Proposed Boundaries of City of Moreno Valley Community Facilities District No. 2023-01 (Public Safety Services), City of Moreno Valley, County of Riverside, State of California”, which is on file in the office of the City Clerk and was recorded on October 25, 2023 in the Office of the Riverside County Recorder as page 18 of book 92 of the Book of Maps of Assessment and Community Facilities Districts.
5. Description of Services. The following is a general description of the services (the “Services”) to be provided:
Police protection services; fire protection and suppression services; and paramedic services, to the extent such services are in addition to services already provided at the time CFD No. 2023 -01 is created and do not supplant existing services.
Fundable costs include, but are not limited to: (i) direct costs for such services, (ii) salaries and benefits of staff providing 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 used to provide such services. Fundable costs also include the incidental expenses of the administration of CFD No. 2023-01.
6. Special Tax . Subject to voter approval, e xcept where funds are otherwise available, a special tax sufficient to pay for the Services, secured by recordation of a continuing lien against all nonexempt real property in the district, will be annually levied within CFD No. 2023 -01 (the “Special Tax”) . Under no circumstances will the special tax levied in any fiscal year against any parcel be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within CFD No. 2023 -01 by m ore than 10 percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. A complete description of the rate and method of apportionment of the Special Tax is attached hereto as Exhibit B and incorporated herein.
The Special Tax will be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the F.2.a
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Date Adopted: November 21, 2023
same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. Notwithstanding the forgoing, any Special Taxes that cannot be collected on the County tax roll, or are not so collected, may be collected through direct billing by the City.
7. Accountability Measures . The Special Tax will be subject to the following accountability measures:
(i) Proceeds of the Special Tax will be deposited in a special account and used only for the purpose of financing the costs identified in Section 5 of this Resolution; and
(ii) An annual report will be filed by the Special Districts Division of the Financial and Management Services Department of the City at least once a year containing a description of the amount of funds in the Special Account and the status of any costs identified in Section 5 of this Resolution.
8. Administration. The Financial and Management Services Department, which is located at 14177 Frederick Street, Moreno Valley, California 92553 and can be telephoned at 951.413. 3470 will be responsible for annually preparing a current roll of special tax levy obligations by assessor's parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act.
9. Validity of Proceedings . The City Council finds that all proceedings taken in connection with the establishment of the CFD have been valid and in conformity with the requirements of the Act. Pursuant to Section 53325.1(b) of the Act, this finding is final and conclusive.
10. Appropriations Limit. The City Council proposes to establish an appropriations limit for the CFD, pursuant to Article XIIIB, Section 8(h) of the California Constitution, at $100 Million (the “Appropriations Limit”). Such limit shall be adjusted for changes in the cost of living, or changes in population, pursuant to Section 53325.7 of the Act.
11. Election. A special election of the CFD is hereby called for November 21, 2023 (the “Election”). The Election shall be held in the City Council Chambers located at 14177 Frederick Street, Moreno Valley, California 92553 immediately following the adoption of this Resolution, and closing fifteen minutes after the adoption of this Resolution. However, the City Clerk of the City of Moreno Valley may close the Election at any earlier time if all the qualified voters have voted. All time limits specified in Section 53326 of the Act, analysis, arguments and all requirements of law pertainin g to the conduct of the Election have been waived by unanimous written consent to such waiver from the qualified electors of the CFD. The City Clerk, as elections official, will conduct the election and has concurred with such F.2.a
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Date Adopted: November 21, 2023
waiver. The City Clerk may close the election and canvass the ballots once all ballots have been received. The vote will be by the landowners of the CFD, and each landowner of the CFD who is the owner of record at the close of the Hearing, or is the authorized representative the reof, shall have one vote for each acre or portion of an acre of land that he or she owns within the CFD. The City Council determines that the identities of the landowners of the CFD (and the number of acres, or portions thereof, of land in the CFD that is owned by each such landowner) is as set forth in Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference.
12. Ballot Measure . The levy of the Special Tax, and the establishment of the Appropriations Limit, are hereby submitted to the qualified electors of the CFD at the Election. The question to be put to the qualified electors shall be as set forth below:
“Shall an annual special tax be levied against each parcel of real property within Community Facilities District No. 2023-01 (Public Safety Services) for five hundred years to fund public safety services and CFD administrative expenses, generally at the ma ximum annual rate of $242 per single family residential unit, $206 per other residential unit, and $56 per 1,000 square feet of non -residential improvements (all subject to CPI adjustment), and expected to initially generate $17,000 in annual revenue and s hall the appropriations limit for the CFD be established at $100 Million?”
13. Conduct of Election. The City Clerk is authorized to take all actions necessary for the conduct of the Election.
14. Notice of Special Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until collection of the tax by the legislative body ceases. The special tax may not be prepaid and is a perpetual annual tax.
15. Severability. If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sente nces, clauses or phases hereof be declares invalid or unconstitutional.
16. Effective Date. This Resolution shall be effective immediately upon adoption.
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Attachment: Resolution Establishing CFD 2023-01 [Revision 3] (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF COMMUNITY 5 Resolution No. 2023-____
Date Adopted: November 21, 2023
17. Certification. The City Clerk shall certify to the adoption of this Resolution and shall maintain on file as a public record this Resolution.
APPROVED AND ADOPTED this 21st day of November 2023
________________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk of the City of Moreno Valley
APPROVED AS TO FORM:
____________________________
City Attorney
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Attachment: Resolution Establishing CFD 2023-01 [Revision 3] (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF COMMUNITY 6 Resolution No. 2023-____
Date Adopted: November 21, 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-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 21st day of November 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro-Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
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Attachment: Resolution Establishing CFD 2023-01 [Revision 3] (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF COMMUNITY Exhibit A
7 Resolution No. 2023-____
Date Adopted: November 21, 2023
OWNER AND PARCEL INFORMATION FOR
THE CITY OF MORENO VALLEY
COMMUNITY FACILITIES DISTRICT 2023-01 ELECTION
APN Owner
486-240-010 D.R. Horton Los Angeles Holding Company, Inc.
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Attachment: Resolution Establishing CFD 2023-01 [Revision 3] (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF COMMUNITY Exhibit B
8 Resolution No. 2023-____
Date Adopted: November 21, 2023
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Date Adopted: November 21, 2023
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Date Adopted: November 21, 2023
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Date Adopted: November 21, 2023
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Date Adopted: November 21, 2023
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Date Adopted: November 21, 2023
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Attachment: Resolution Establishing CFD 2023-01 [Revision 3] (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF COMMUNITY
1 Resolution No. 2023-____
Date Adopted: November 21, 2023
RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, DECLARING THE
RESULTS OF AN ELECTION IN ITS COMMUNITY
FACILITIES DISTRICT NO. 20 23-01 ( PUBLIC SAFETY
SERVICES)
WHEREAS, the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”) authorizes the City Council of the City of Moreno Valley (the “City Council”) to establish a community facilities district to finance certain services within the district; and
WHEREAS, by its prior resolution, the City Council established its Community Facilities District No. 2023-01 (Public Safety Services) (the “CFD”) and called a landowner mail-ballot election in connection with the CFD (the “Election”); and WHEREAS, at the Election, the following question was presented to the voters:
“Shall an annual special tax be levied against each parcel of real property within Community Facilities District No. 2023-01 (Public Safety Services) for five hundred years to fund public safety services and CFD administrative expenses, generally at the maximum annual rate of $242 per single family residential unit, $206 per other residential unit, and $56 per 1,000 square feet of non -residential improvements (all subject to CPI adjustment), and expected to initially generate $1 7,000 in annual revenue and shall the appropriations limit for the CFD be established at $100 Million?” (the “Measure”); and WHEREAS, with the unanimous consent of the landowners in the CFD and of the City Clerk of the City of Moreno Valley (the “City Clerk”), as elections official, all time limits specified in Section 53326 of the Act and all requirements of law pertaining to the conduct of the Election have been waived; and
WHEREAS, having received ballots from all qualified voters, the Election was closed by the City Clerk; and
WHEREAS, the City Clerk has canvassed the ballots and the City Council now desires to declare and certify the results of the Election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Recitals. The above recitals are all true and correct.
2. Canvass. The canvass of the City Clerk, which is on file in the office of the City Clerk and incorporated herein by reference, is hereby approved.
3. Election Results . Pursuant to Section 53328 and 53328.3 of the Act, the City F.2.b
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Date Adopted: November 21, 2023
Council determines that the requisite two -thirds of votes cast in the Special Election approved the Measure.
4. Severability. If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, s entences, clauses or phases hereof be declares invalid or unconstitutional.
5. Effective Date. This Resolution shall be effective immediately upon adoption.
6. Certification. The City Clerk shall certify to the adoption of this Resolution and shall maintain on file as a public record this Resolution.
APPROVED AND ADOPTED this 21st day of November 2023
________________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk of the City of Moreno Valley
APPROVED AS TO FORM:
__________________________
City Attorney
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Attachment: Resolution Declaring Election Results (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT 3 Resolution No. 2023-____
Date Adopted: November 21, 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-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 21st day of November 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro-Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
F.2.b
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Attachment: Resolution Declaring Election Results (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT
1 Ordinance No. 2023-____
Date Adopted: December 5, 2023
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY , CALIFORNIA , LEVYING A SPECIAL
TAX IN CONNECTION WITH COMMUNITY FACILITIES
DISTRICT NO. 2023-01 (PUBLIC SAFETY SERVICES) AND
TAKING CERTAIN RELATED ACTIONS
The City Council of the City of Moreno Valley, California, the legislative body of Community Facilities District No. 202 3-01 (Public Safety Services), does hereby ordain as follows:
SECTION 1. FINDINGS.
A. The Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”) authorizes the City Council of the City of Moreno Valley (the “City Council”) to establish a community facilities district to finance certain public safety services within the district.
B. By its prior resolution, the City Council established Community Facilities District No. 2023-01 (Public Safety Services) (the “CFD”).
C. By its prior resolution, the City Council declared and certified the results of an election at which the landowners of the CFD approved a special tax in connection with the CFD (the “Special Tax”) and an appropriations limit for the CFD.
D. The City Council now desires to levy and impose the Special Tax and to take other related actions.
SECTION 2. LEVY OF SPECIAL TAX.
An annual Special Tax is levied pursuant to Section 53340 of the Act against all non-exempt parcels of real property within the CFD. The rate and method of apportionment of the Special Tax are described in Exhibit A to this Ordinance, which is incorporated herein by reference (the “Rate and Method of Apportionment”).
The Special Tax will be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. Notwithstanding the forgoing, any Special Taxes that cannot be collected on the County tax roll, or are not so collected, may be collected through direct billing by the City.
Under no circumstances will the Special Tax levied in any fiscal year against any parcel be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the CFD by more than 10 percent above the amount that would have been levied in that fiscal year had there never been any such F.2.c
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Date Adopted: December 5, 2023
delinquencies or defaults. This tax may not be prepaid. It is the intention of this Ordinance that the tax apply to parcels currently in the CFD, as well as to any parcels that may in the future be annexed to the CFD.
SECTION 3. USE OF TAX.
In addition to the administrative expenses described in the Rate and Method of Apportionment, proceeds of the Special Tax may be used to fund:
Police protection services; fire protection and suppression services; and paramedic services, to the extent such services are in addition to services already provided at the time CFD No. 2023 -01 is created and do not supplant existing services.
Fundable costs include, but are not limited to: (i) direct costs for such services, (ii) salaries and benefits of staff providing 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 used to provide such services.
SECTION 4. ACCOUNTABILITY MEASURES.
The Special Tax will be subject to the following accountability measures:
(i) Proceeds of the Special Tax will be deposited in a special account and used only for the purpose of financing the costs identified in Section 3 of this Ordinance; and
(ii) An annual report will be filed by the Special Districts Division of the Financial and Management Services Department of the City at least once a year containing a description of the amount of funds in the Special Account and the status of any costs identified in Section 3 of this Ordinance.
SECTION 5. ADMINISTRATION.
The Special Districts Division of the Financial and Management Services Department, which is located at 14177 Frederick Street, Moreno Valley, California 92553 and can be telephoned at 951.413.3470 will be responsible for annually preparing a current roll of special tax levy obligations by assessor's parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act.
SECTION 6. APPROPRIATIONS LIMIT.
The City Council establishes an appropriations limit for the CFD, pursuant to Article XIIIB, Section 8(h) of the California Constitution, at $100 Million. Such limit shall be F.2.c
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Date Adopted: December 5, 2023
adjusted for changes in the cost of living, or changes in population, pursuant to Section 53325.7 of the Act.
SECTION 7. NOTICE OF SPECIAL TAX LIEN.
Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until collection of the tax by the legislative body ceases. The recordation of such notice is directed by the City Council.
SECTION 8. INTERPRETATION.
The CFD Administrator is authorized to issue such interpretations of this Ordinance as he or she feels is necessary or useful to administer the Special Tax. Any such interpretations may be ratified or disapproved by resolution of the City Council, but shall be treated as official interpretations in the absence of Council action.
SECTION 9. CORRECTION OF ERRORS.
If a Special Tax is calculated or applied in error with respect to a parcel, the CFD Administrator is authorized to modify or correct the Special Tax applied, and to issue a credit or refund as appropriate. The CFD Administrator will respond in writing to any written request from a taxpayer for a modification or correction. Any such written response may be appealed by the taxpayer through the filing of a claim following the normal claims procedures of the City.
SECTION 10. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phases hereof be declared invalid or unconstitutional.
SECTION 11. EFFECT OF ENACTMENT.
Except as specifically provided herein, nothing contained in this ordinance shall be deemed to modify or supersede any prior enactment of the City Council which addresses the same subject addressed herein.
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Attachment: Ordinance Levying a Special Tax [Revision 1] (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF COMMUNITY FACILITIES 4 Ordinance No. 2023-____
Date Adopted: December 5, 2023
SECTION 12. NOTICE OF ADOPTION.
Within fifteen days after the date of adoption hereof, the City Clerk of the City of Moreno Valley shall certify to the adoption of this ordinance and cause it to be posted in three public places within the city.
SECTION 13. EFFECTIVE DATE.
This ordinance shall take effect thirty days after the date of its adoption.
APPROVED AND ADOPTED this 5th day of December 2023.
________________________________
Mayor of the City of Moreno Valley
ATTEST:
______________________________
City Clerk of the City of Moreno Valley
APPROVED AS TO FORM:
____________________________
City Attorney
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Attachment: Ordinance Levying a Special Tax [Revision 1] (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF COMMUNITY FACILITIES 5 Ordinance No. 2023-____
Date Adopted: December 5, 2023
ORDINANCE 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 Ordinance No. ___ had its first reading on November 21, 2023, and had its second reading on December 5, 2023, and 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 December 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro-Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
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Attachment: Ordinance Levying a Special Tax [Revision 1] (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF COMMUNITY FACILITIES Exhibit A
6 Ordinance No. 2023-____
Date Adopted: December 5, 2023
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Date Adopted: December 5, 2023
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Date Adopted: December 5, 2023
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Date Adopted: December 5, 2023
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Date Adopted: December 5, 2023
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Date Adopted: December 5, 2023
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1 Resolution No. 2023 -___
Date Adopted: November 19, 2023
RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, DECLARING ITS
INTENTION TO PROVIDE FOR FUTURE ANNEXATION OF
TERRITORY TO COMMUNITY FACILITIES DISTRICT NO.
2023-01 (PUBLIC SAFETY SERVICES)
WHEREAS, by prior resolution, the City Council established Community Facilities District No. 2023 -01 (Public Safety Services) (the “CFD”) pursuant to the Mello -Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and
WHEREAS, the voters of the CFD have approved, by the requisite vote, an annual tax against all non-exempt parcels of real property within the CFD (the “Special Tax”) to fund public safety services; and
WHEREAS, if such funding for public safety services has not otherwise been provided, public convenience and necessity require that territory be added to the CFD in order to fund public safety services; and
WHEREAS, once a parcel is annexed to the CFD, it becomes subject to any tax levied in connection with the CFD; and
WHEREAS, Article 3.5 of the Act authorizes the City Council to provide for the future annexation of territory to a community facilities district by designating a future annexation area for that district; and
WHEREAS, such designation permits the annexation to the CFD of any parcel within the future annexation area with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed; and WHEREAS, the mere inclusion of a parcel in the future annexation area does not subject that parcel to a tax; the parcel is only subject to a tax once it is annexed to the CFD; and
WHEREAS, the City Council desires to designate a future annexation area for the CFD that encompasses all territory within the City that is not already a part of the CFD;
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Recitals. The above recitals are all true and correct.
2. Initiation of Proceedings. The City Council declares its intention to provide for future annexation of territory to the CFD.
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Attachment: Resolution of Intent [Revision 1] (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT 2023-
2 Resolution No. 2023 -___
Date Adopted: November 19, 2023
3. Name of CFD. The name of the CFD is “City of Moreno Valley Community Facilities District No. 2023-01 (Public Safety Services).”
4. Future Annexation Area . The territory on the map titled “ Annexation Map No. 1 of Community Facilities District No. 2023-01 (Public Safety Services) City of Moreno Valley, County of Riverside, State of California (Territory proposed for annexation in the future, with the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed)”, which is on file in the office of the City Clerk, available for public inspection and incorporated herein by reference ( the “Annexation Map”) is proposed for annexation to the CFD in the future, with the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed. A reduced copy of the annexation map is attached hereto as Exhibit A.
5. Description of Services . The following is a general description of the services (the “Services”) provided in the CFD and proposed for the future annexation area:
Police protection services; fire protection and suppression services; and paramedic services, to the extent such services are in addition to services already provided at the time CFD No. 2023-01 is created and do not supplant existing services.
Fundable costs include, but are not limited to: (i) direct costs for such services, (ii) salaries and benefits of staff providing 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 used to provide such services. Fundable costs also include the incidental expenses of the administration of CFD No. 2023-01.
6. Special Tax. The rate and method of apportionment of the Special Tax within the future annexation area is the same as that within the existing boundaries of the CFD, and no alteration is proposed to the Special Tax.
Except where funds are otherwise available, a special tax sufficient to pay for the Services, secured by recordation of a continuing lien against all nonexempt real property in the district, will be annually levied within CFD No. 2023 -01 (the “Special Tax”). Under no circumstances will the special tax levied in any fiscal year against any parcel be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within CFD No. 2023 -01 by more than 10 percent above t he amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. A complete description of the rate and method of apportionment of the Special Tax is attached hereto as Exhibit B and incorporated herein.
The Special Tax will be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, F.2.d
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Attachment: Resolution of Intent [Revision 1] (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT 2023-
3 Resolution No. 2023 -___
Date Adopted: November 19, 2023
sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
Notwithstanding the forgoing, any Special Taxes that cannot be collected on the County tax roll, or are not so collected, may be collected through direct billing by the City. Except where funds are otherwise available, a special tax sufficient to pay for the Services , secured by recordation of a continuing lien against all nonexempt real property in the district, will be annually levied within the CFD (the “Special Tax”). Under no circumstances will the special tax levied in any fiscal year against any parcel be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the district by more than 10 percent above the amou nt that would have been levied in that fiscal year had there never been any such delinquencies or defaults.
7. Public Hearing. On January 2, 2023, at 6:00 PM (or as soon thereafter as practical), in the City Council Chamber located at 14177 Frederick Street, Moreno Valley, California 92553, the City Council will hold a public hearing on the designation of territory for annexation to the CFD in the future. At the hearing the testimony of all interested persons or taxpayers will be heard. At the Hearing, protests against the designation of territory for annexation to the CFD in the future may be made in writing by any interested person or taxpayer. If a written m ajority protest against the designation is filed (as determined in accordance with Section 53339.6 of the Act), the proceedings shall be abandoned.
8. Public Interest. Pursuant to Section 53329.5(c) of the Act, the City Council finds that the public interest will not be served by allowing property owners in the CFD to enter into a contract pursuant to Section 53329.5(a) of the Act.
9. This Resolution shall be effective immediately upon adoption.
10. The City Clerk shall cause the Annexation Map to be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution and shall give notice of the public hearing as required by law.
11. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
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4 Resolution No. 2023 -___
Date Adopted: November 19, 2023
APPROVED AND ADOPTED this 21st day of November, 2023.
___________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk of the City of Moreno Valley
APPROVED AS TO FORM:
___________________________
City Attorney
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5 Resolution No. 2023 -___
Date Adopted: November 19, 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-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 21st day of November, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro-Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
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EXHIBIT A
6 Resolution No. 2023 -___
Date Adopted: November 19, 2023
Future Annexation Boundary Map
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EXHIBIT B
7 Resolution No. 2023 -___
Date Adopted: November 21, 2023
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8 Resolution No. 2023 -___
Date Adopted: November 19, 2023
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9 Resolution No. 2023 -___
Date Adopted: November 19, 2023
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10 Resolution No. 2023 -___
Date Adopted: November 19, 2023
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11 Resolution No. 2023 -___
Date Adopted: November 19, 2023
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12 Resolution No. 2023 -___
Date Adopted: November 19, 2023
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Attachment: Resolution of Intent [Revision 1] (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT 2023- Prepared by:
Report for:
Community Facilities District No. 2023-01
(Public Safety Services)
Special Tax Report
N ovember 2023
Prepared by NBS for and on behalf of the City of Moreno Valley F.2.e
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TABLE OF CONTENTS
INTRODUCTION ..................................................................................................................... 1 DISTRICT INFORMATION ........................................................................................................ 2 Background .......................................................................................................................... 2 Proposed Land Use .............................................................................................................. 2 District Description .............................................................................................................. 2 DESCRIPTION OF SERVICES ..................................................................................................... 3 COST ESTIMATE ..................................................................................................................... 4 Initial Maximum Amount Proposed to be Expended .......................................................... 4 Anticipated Fiscal Year 2023/24 Maximum Special Tax Revenue ...................................... 4 Annual Maximum Special Tax Escalation ............................................................................ 4 RATE AND METHOD OF APPORTIONMENT ............................................................................. 5 Term of Special Tax ............................................................................................................. 5 Manner of Collection ........................................................................................................... 5 APPENDIX A: BOUNDARY MAP .............................................................................................. 6 APPENDIX B: RATE AND METHOD OF APPORTIONMENT......................................................... 8
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City of Moreno Valley
Community Facilities District No. 2023-01 (Public Safety Services) 1
INTRODUCTION
The City Council (the “City Council”) of the City of Moreno Valley (the “City”) did, pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), on October 17, 2023, adopted Resolution No. 2023-68, entitled “A Resolution of the City Council of the City of Moreno Valley, California, Declaring Its Intention to Establish its Community Facilities District No. 2023-01 (Public Safety Services) and to Authorize the Levy of a Special Tax Therein” (the “Resolution of Intention”) . In the Resolution of Intention, the City Council directed the study and filing of a public hearing report (the “Report”) required by Section 53321.5 of the Act for the proposed City of Moreno Valley Community Facilities District No. 2023-01 (Public Safety Services) (the “District”).
Section 53321.5 of the Act provides that the Report contain the following:
1. A brief description of the public facilities or services to be provided by the District; and
2. An estimate of the fair and reasonable cost of providing the public facilities or services, including the incidental expenses in connection therewith, any City administration costs, and all other related costs.
For particulars, reference is made to the Resolution of Intention for the District, as previously adopted on October 17, 2023, by the City Council.
NOW, THEREFORE, the Special Districts Administrator of the City, the appointed responsible officer directed to prepare the Report or cause the Report to be prepared pursuant to the provisions of the Act, does hereby submit this Report containing the following information:
• DISTRICT INFORMATION. Information related to the District, including background information, land use plans, and the proposed boundaries that include those properties and parcels on which special taxes may be levied to pay for the costs and expenses of the facilities or services. • DESCRIPTION OF FACILITIES OR SERVICES. A description of the facilities or services that the City Council has determined to be eligible to be funded by the District. • COST ESTIMATE. The initial maximum cost estimate for the District facilities or services and the anticipated initial maximum special tax revenue.
• RATE AND METHOD OF APPORTIONMENT . The Rate and Method of Apportionment of Special Tax which was included in the Resolution of Intention and approved by this City Council on October 17, 2023.
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City of Moreno Valley
Community Facilities District No. 2023-01 (Public Safety Services) 2
DISTRICT INFORMATION
Background
The District is generally located northeast corner of Brodiaea Avenue and Oliver Street. The District includes one property covering approximately 8.77 acres.
Proposed Land Use
At build out, there is anticipated to be 67 single family residential units within the District.
District Description
The proposed boundaries of the District are those parcels in which special taxes may be levied and collected to pay for the costs and expenses of the District services. The proposed boundaries of the District are identified on the map of the District recorded on October 2 5, 2023, in Book 92 at Page 18 of Maps of Assessment and Community Facilities Districts as Document No. 2023 -0315681 in the office of the County Recorder for the County of Riverside . The District map is on file with the City Clerk, to which reference is hereby made and a reduced copy of such map is set forth in Appendix A of this Report.
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City of Moreno Valley
Community Facilities District No. 2023-01 (Public Safety Services) 3
DESCRIPTION OF SERVICES
The following is a general description of the services (the “Services”) to be provided:
Police protection services; fire protection and suppression services; and paramedic services, to the extent such services are in addition to services already provided at the time the District is created and do not supplant existing services.
Fundable costs include, but are not limited to: (i) direct costs for such services, (ii) salaries and benefits of staff providing 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 used to provide such services. Fundable costs also include the incidental expe nses of the administration of the District.
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City of Moreno Valley
Community Facilities District No. 2023-01 (Public Safety Services) 4
COST ESTIMATE
Initial Maximum Amount Proposed to be Expended
The annual budget presented below represents the initial maximum costs for providing the District services for Fiscal Year 2023/24.
District Costs
2023/24 Maximum
Budget Amount
2023/24 Estimated
Budget Amount
District Public Safety Costs $16,214.00 $16,214.00
Total: $16,214.00 $16,214.00
Anticipated Fiscal Year 2023/24 Maximum Special Tax Revenue The initial maximum annual special tax rates are set forth in the Rate and Method of Apportionment for the District. Based upon expected development, the initial maximum annual special tax revenue is as follows:
MAXIMUM SPECIAL TAX RATES
TAX ZONE NO. 1 - FISCAL YEAR 2023/24*
Land Use Category
Maximum Annual
Special Tax Rate Per
Special Tax
Revenue
Single Family Residential Property $242.00 Unit $16,214.00 Multi-Family Residential Property 206.00 Unit 0.00
Accessory Dwelling Unit 206.00 Unit 0.00
Non-Residential Property 56.00 Unit 0.00
Annual Maximum Special Tax Escalation
On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax rates for Tax Zone No. 1 shall be increased by the greater of the increase in the annual percentage change in the Consumer Price Index (CPI) for All Urban Consumers for the Riverside -San Bernardino-Ontario County Region as published by the Department of Labor’s Bureau of Labor Statistics or five percent (5%). If the CPI for the Riverside- San Bernardino-Ontario County area is discontinued, the CFD administrator may replace it with a similar index for the purposes of calculating the Annual Escalation Factor.
Different Maximum Special Tax rates and tax escalation factors may be identified in Tax Zones added to the District as a result of future annexations.
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City of Moreno Valley
Community Facilities District No. 2023-01 (Public Safety Services) 5
RATE AND METHOD OF APPORTIONMENT
All of the property located within the District, unless exempted by law or by the Rate and Method of Apportionment, shall be taxed for the purpose of providing the necessary facilities for the District. Pursuant to Section 53325.3 of the Act, the tax imposed "is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property." The special tax "may be based on benefit received by p arcels of real property, the cost of making facilities available to each parcel, or other reasonable basis as determined by the legislative body," although the special tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution.
As shown in Appendix B, the Rate and Method of Apportionment provides information sufficient to allow each property owner to estimate the maximum special tax that he or she will be required to pay.
Term of Special Tax
A Special Tax shall be levied commencing in Fiscal Year 2023/24 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied each Fiscal Year thereafter for as long as required to satisfy the Annual Special Tax Requirement, but for not longer than 500 years.
Manner of Collection
The annual special tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the District, may directly bill the special tax, and may collect special taxes at a different time or in a different manner as necessary to meet its financial obligations.
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City of Moreno Valley
Community Facilities District No. 2023-01 (Public Safety Services) 6 APPENDIX A: BOUNDARY MAP
The boundary map for the District is shown on the following page. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the County Assessor, at the time this Report was prepared, and are incorporated by reference herein and made part of this Report.
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Community Facilities District No. 2023-01 (Public Safety Services) 7
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Community Facilities District No. 2023-01 (Public Safety Services) 8 APPENDIX B: RATE AND METHOD OF APPORTIONMENT
The following pages provide a copy of the District’s Rate and Method of Apportionment approved by the City Council on October 17, 2023, via Resolution No. 2023-68.
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Attachment: Special Tax Report - CFD 2023-01 (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT City of Moreno Valley
Community Facilities District No. 2023-01 (Public Safety Services) Page 1
RATE AND METHOD OF APPORTIONMENT
FOR CITY OF MORENO VALLEY
COMMUNITY FACILITIES DISTRICT NO. 2023-01
(PUBLIC SAFETY SERVICES)
A Special Tax shall be levied and collected in City of Moreno Valley Community Facilities District No. 2023- 01 (Public Safety Services) (“CFD No. 2023-01”) each Fiscal Year, in an amount determined by the application of the procedures below. All of the Taxable P roperty (as defined below) in CFD No. 2023-01, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single -unit dwelling. The ADU may be on the same Assessor’s Parcel as the single - unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only.
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event the Assessor’s Parcel Map or Assessor’s Data shows no Acreage, the Acreage for any Assessor’s Parcel shall be determined by the CFD Administrator based upon the applicable final map, parcel map, condominium plan, or other recorded County parcel map. If the preceding maps are not available, the Acreage of an Assessor’s Parcel may be determined utilizing GIS.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended (California Government Code Sec. 53311 et seq.).
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2023-01 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and of preparing the Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements under California la w (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2023-01.
“Annual Services Costs” means the amounts required to pay for the services authorized to be funded by CFD No. 2023-01.
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Community Facilities District No. 2023-01 (Public Safety Services) Page 2 “Annual Special Tax Requirement” means that amount with respect to CFD No. 2023-01 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2023-01, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year.
“Assessor’s Data” means Units, Building Square Footage, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Building Square Foot(age)” means the structure square footage as shown on the building permit issued or as contained in the Assessor’s Data.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2023-01” means the City of Moreno Valley Community Facilities District No. 2023-01 (Public Safety Services).
“City” means the City of Moreno Valley.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2023-01. “County” means the County of Riverside.
“County Assessor” means the County Assessor of the County. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD 2023-01 that is (i) improved with one or more structures that were in place on March 1 of the preceding Fiscal Year and were built subsequent to the inclusion of the territory of the Taxable Property in CFD No. 2023- 01, and/or (ii) property for which a building permit for new construction was issued by the applicable land use authority prior to March 1 of the preceding Fiscal Year. "Final Subdivision Map" means a subdivision of property created by recordation of a final subdivision map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4120, that creates individual lots for which building permits may be issued without further subdivision of such property. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system.
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Community Facilities District No. 2023-01 (Public Safety Services) Page 3 “Maximum Annual Special Tax” means the maximum Special Tax authorized to fund the Annual Special Tax Requirement in any Fiscal Year that may apply to Taxable Property as described in Section C.
“Mixed-Use Property” means all Assessor’s Parcels of Developed Property that is improved with (or has issued building permits for or has a combination of improvements and building permits for) more than one Property Type (whether in a single building or separate buildings). For an Assessor’s Parcel of Mixed-Use Property, each Property Type is subject to taxation pursuant to section C below. “Multi-Family Residential Property” means all Assessor’s Parcels of Developed Property that either (i) include two or more Units (aside from ADUs, if any) or (ii) include only a single Unit of a larger structure that is part of condominium project as that term is defined in Civil Code Section 4125. “Non-Residential Property” means all Assessor’s Parcel of Developed Property with commercial, industrial, institutional, office, hotel or other structures aside from Units (and aside from appurtenances to Units such as residential hallways, laundry rooms, mailrooms, residential lobbies, and the like).
“Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home -owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2023-01 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and Acreage on a Final Subdivision Map as property owner association property. “Property Type” means any of the land use categories listed in Table 1. “Proportionately” means for Taxable Property that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal for all Assessors’ Parcels of Taxable Property levied within each Property Type within CFD No. 2023-01.
“Public Property” means any property within the boundaries of CFD No. 2023-01 which (i) is owned by a public agency, ( ii) has been irrevocably offered for dedication to a public agency , or ( iii) is designated with specific boundaries and Acreage on a Final Subdivision Map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Single Family Residential Property” means, in any Fiscal Year, all Assessor’s Parcels of Developed Property that (i) contains only one dwelling unit, aside from ADUs, if any, and (ii) is not classified as Multi-Family Residential Property.
“Special Tax” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement.
“State” means the State of California.
“Tax Escalation Factor” means the greater of the increase in the annual percentage change in the Consumer Price Index (CPI) for All Urban Consumers for the Riverside-San Bernardino -Ontario F.2.e
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Community Facilities District No. 2023-01 (Public Safety Services) Page 4 County Region as published by the Department of Labor’s Bureau of Labor Statistics or five percent (5%). If the CPI for the Riverside -San Bernardino -Ontario County area is discontinued, the CFD administrator may replace it with a similar index for the purposes of calculating the Annual Escalation Factor.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2023- 01 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD No. 2023 -01, and a separate Maximum Annual Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2023-01 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 2023-01 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 2023- 01 that are not Developed Property.
“Unit” means any individual, townhome, condominium, apartment, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure. An Accessory Dwelling Unit on a Parcel of Single Family Residential Property shall be considered a separate Unit for purposes of calculating the Special Tax.
“Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2023-01 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code.
B. DETERMINATION OF TAXABLE PARCELS
On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the Annual Special Tax Requirement for that Fiscal Year and shall identify each parcel of Taxable Property within CFD 2023-01. The property type, APN and characteristics of each such parcel should be updated based on the most current information reasonably available to the CFD Administrator, and a tax amount determined for each parcel as set forth in Section C, below.
C. MAXIMUM ANNUAL SPECIAL TAX RATES
The Maximum Annual Special Tax for each Assessor’s Parcel of Developed Property within Tax Zone No. 1 shall be assigned according to Table 1 below:
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Community Facilities District No. 2023-01 (Public Safety Services) Page 5 TABLE 1
MAXIMUM ANNUAL SPECIAL TAX RATES
TAX ZONE NO. 1 - FISCAL YEAR 2023/24*
Land Use Category
Maximum Annual Special
Tax Rate Per
Single Family Residential Property $242.00 Unit
Multi-Family Residential Property 206.00 Unit
Accessory Dwelling Unit 206.00 Unit
Non-Residential Property 56.00 1,000 Feet of Building
Square Footage
*On each July 1, commencing on July 1, 2024, the Maximum Annual Special Tax Rate shall be increased by the Tax Escalation Factor.
Different Maximum Annual Special Tax rates and tax escalation factors may be identified in Tax Zones added to CFD No. 2023-01 as a result of future annexations.
Mixed-Use Property
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Property Type. The Maximum Annual Special Tax assigned to an Assessor’s Parcel of Mixed-Use Property shall be the sum of the Maximum Annual Special Tax for each Property Types located on that Assessor’s Parcel.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES
All Taxable Property shall be subject to the Special Tax. The Special Tax shall be levied each Fiscal Year by the CFD Administrator.
The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2023-01 by the method shown below.
First: Determine the Annual Special Tax Requirement.
Second: Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the applicable Maximum Annual Special Tax.
Under no circumstances will the Special Tax es on any Assessor’s Parcel of Developed Property be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2023-01.
No tax shall be levied on Undeveloped Property.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set F.2.e
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Community Facilities District No. 2023-01 (Public Safety Services) Page 6 forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3 , 53317.5 and 533401 of the Act.
Welfare Exempt Property shall be exempt from the Special Tax in each Fiscal Year the property qualifies as Welfare Exempt Property.
F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made.
The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.
If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, no cash refund shall be made for prior years’ Special Taxes, but an adjustment shall be made to credit the Special Tax in future years.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.
G. INTERPRETATIONS OF RATE AND METHOD OF APPORTIONMENT
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this docume nt shall be at the City’s discretion.
Interpretations may be made by the City Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.
H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2023-01, and may collect delinquent Special Taxes through available methods.
A Special Tax shall be levied commencing in Fiscal Year 2024/25 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied each Fiscal Year thereafter for as long as required to satisfy the Annual Special Tax Requirement, but for not longer than 500 years.
I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.
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Attachment: Special Tax Report - CFD 2023-01 (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT F.2.f
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Attachment: Boundary Map for CFD [Revision 1] (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT 2023-01 (PUBLIC SAFETY SERVICES) ANNEXATION MAP NO. 1 OF
COMMUNITY FACILITIES DISTRICT NO. 2023-01
(PUBLIC SAFETY SERVICES)
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF MORENO VALLEY THIS _______________________ DAY OF ______, 202_.
__________________________________
CITY CLERK
CITY OF MORENO VALLEY
RIVERSIDE COUNTY , CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2023-01 (PUBLIC SAFETY SERVICES), CITY OF MORENO VALLEY , COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, AT A MEETING THEREOF, HELD ON THE _______________________ DAY OF _____, 202_, BY ITS RESOLUTION NO. __________________.
__________________________________
CITY CLERK
CITY OF MORENO VALLEY
RIVERSIDE COUNTY , CALIFORNIA
FILED THIS _______________________________ DAY OF _____, 202_, AT THE HOUR OF _______ O’CLOCK __M, IN BOOK ________AT PAGE ______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AS INSTRUMENT NO. _______________ IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
__________________________________
COUNTY RECORDER
COUNTY OF RIVERSIDE, CALIFORNIA
REFERENCE IS MADE TO THAT BOUNDARY MAP OF THE COMMUNITY FACILITIES DISTRICT NO. 2023-01 (PUBLIC SAFETY SERVICES) OF THE CITY OF MORENO VALLEY , RECORDED WITH THE RIVERSIDE COUNTY RECORDER’S OFFICE ON OCTOBER 25, 2023, IN BOOK 92 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, PAGE 18 AS INSTRUMENT NO. 2023-0315681.
FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
THE RIVERSIDE COUNTY ASSESSOR’S MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS.
CITY OF MORENO VALLEY
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
IRO
NW
OOD AVE
CACTUS AV
E
¬«60
¬«60
PERRIS BLVD
IRIS AVE
LASSELLE ST
¬«60
IRO
NW
OOD AVE
IRIS AVE
CACTUS
AV
E
LASSELLE ST
DAY ST
NASON ST
REDLANDS BLVD
HEACOCK ST
PERRIS BLVD
FREDERICK ST
CO
TT
ONW
OO
D
AVE
PIGEON PASS RD
ALE
SSAN
DR
O BLV
D
JO
HN F KENNEDY DR
OLIVER ST
MORENO BEACH DR
WORLD LOGISTICS CENTER PKWY
MORENO BEACH DR
HEACOCK ST
PERRIS BLVD
CACT
US
AV
E
CO
TTONW
OOD AVE
HEACOCK ST
LASSELLE ST
JO
HN F
KEN
NEDY
DR
Sheet 1 of 1
Source: Riverside County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California VI FIPS 0406 Feet Legend
City of Moreno Valley & Future Annexation Area
Parcels
O
012 0.5 Miles
(Territory proposed for annexation in the future, with the condition that the parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed)
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Attachment: Boundary Map - Future Annex Area (6427 : PUBLIC HEARING ON THE ESTABLISHMENT OF
Report to City Council
ID#6429 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer
AGENDA DATE: November 21, 2023
TITLE: REPORT ON EVALUATION OF POTENTIAL
COMMERCIAL VEHICLE PARKING ON EUCALYPTUS
AVENUE
RECOMMENDED ACTION
Recommendation:
1. Authorize staff to review the north side of Eucalyptus Avenue, west of Aldi Place, for Commercial Vehicle Parking.
SUMMARY
As a follow -up to the direction provided at the City Council Study Session on May 9, 2023, staff has been actively seeking potential commercial vehicle parking zones that can serve the east side of the City. As a result, staff reviewed various locations and found a feasible location along the north side of Eucalyptus Avenue, west of Aldi Place.
DISCUSSION
Commercial vehicle parking has been an ongoing concern that the City Council recognizes and has placed as a priority. In 2019 and 2023, the City Council directed staff to perform a utilization study to determine truck parking usage at the locations conforming to City Ordinance 114 that amended City Municipal Code Chapter 12.38 parking “Restrictions on Commercial Vehicles and other vehicles” on January 27, 1987 that are primarily located on the south end of town.
At the City Council Study Session held on M ay 9, 2023 , staff was asked to identify areas in the east end of the City that could potentially serve as designated commercial vehicle parking . As part of the ongoing effort , staff has identified Eucalyptus Avenue west of Redlands Boulevard . The segment identified is located directly in front of Aldi Distribution Center where commercial vehicles have been known to park.
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On October 23, 2023 , staff met with Mr. Evan Berg, Director of Warehouse Operations at the Aldi Distribution Center regarding the potential to designate the north side of Eucalyptus Avenue in front of the Distribution center. Mr. Berg was amendable to the idea and asked that the City ensure his employees would not have any line -of-sight issues exiting Aldi Place onto Eucalyptus Avenue . Staff assured Mr. Berg that proper clearance at the driveway locations would be provided through painted red curbs prohibiting vehicles from parking too close to the entrance of his business.
Based on the preliminary findings , staff recommends the City Council consider the location on the north side of Eucalyptus Avenue as a feasible location and direct staff to verify this location through the normal process.
ALTERNATIVES
This is not an action item.
FISCAL IMPACT
There is no fiscal impact on a parking evaluation.
NOTIFICATION
Publication of agenda
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Wei Sun, T.E., PTOE Melissa Walker, P.E
City Traffic Engineer Public Works Director/City Engineer
CITY COUNCIL GOALS
None
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
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To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. ALDI TRUCK PARKING PROPOSAL 2023 ALT
APPROVALS
Budget Officer Approval ✓ Approved . 11/12/23 7:43 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 11/13/23 8:57 AM H.1
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602.4
ALDI TRUCK PARKING PROPOSAL
DISCLAIMER: The information shown on this map was compiled from the City of Moreno Valley GIS and Riverside County GIS. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. Riverside County and City of Moreno Valley will not be held responsible for any claims, losses or damages resulting from the use of this map. 505.2
Legend
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet0 505.2252.61 Notes
11/1/2023Print Date:
Image Source: Nearmap
Public Facilities
Public Facilities; Iris Plaza Branch Library
Fire Stations
Parcels
City Boundary
Sphere of Influence
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Attachment: ALDI TRUCK PARKING PROPOSAL 2023 ALT (6429 : REPORT ON EVALUATION OF POTENTIAL COMMERCIAL VEHICLE