Riverside County Grand Jury
• 2023-2024
• Agency Response
March Joint Poters Authorily: Marginalty Transparent, March 21,202;/
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Note: Missing finding numbers detected: F5, F6, F7, F8, F9, F10, F12, F13, F14, F15
Findings 3 findings
F4
"The March .lP A Commissioners infrequentry seek a consensus on March JpA issues from other elected oflicials on lheir ciry council/board.,, Resoonse: Judith C. Clark, Presiding Judge Riverside County Grand Jury Rivcrside County Clerk-Recorder Jurc 24,2024 The City agrees with this finding, although at timcs my fellow City of Moreno I Valley March JPA Commissioner Edward Delgado and have sought direction from the Moreno Valley City Council on matters that the City Council may rightfully/legally consider in the context of a closed session of the Moreno Valley City Councit under the applicable closed session provisions ofthe Ralph M. Brown Act as advised by the Moreno Valley City Attomey. In addition, although at every regular mecting of the Moreno Valley City Council, each City Council Member who ssrves on the March JPA Commission is expected to provide any updates related to any activities or actions they have been involved with in their capacity as a March JPA Commissioner, this does not provide any legal authority for the Moreno Valley City Council to assume jurisdiction ovcr any particular matter or item which is solely within the subject matter jurisdiction of the March JPA Commission. State law acknowledges that a joint powers agreement may provide for the creation of an agency or entity that is separate from the parties to the agreement and is responsible for the administration of thc agreement' (See Califomia Government Code Section 6503.5.) Moreover, March Joint Powers Authority (March JPA) Commissioners are authorized to exercise their own discretion when voting. (See Harbach v. Et Puebto de Los Angeles etc. Com. ( 1971) 14 Cat.3d 828, 834.) In light ofthe foregoing, many issues and matters considered by the March JPA Commission are beyond the subject matter jurisdiction of the Moreno Valley City Council which prccludes the Moreno Valley City Council fiom considering such items and matten for the purpose of providing direction to its appointed March JPA Commissioners.
F11
"T'he March JPA tloes nol hsve a permanent community advisory committee " comprised of Riverside County residents. Response: The City agrees with this finding. However, state law acknowledges that a joint powers agreemcnt may provide fior the creation of an agency or etrtity that is separate from the parties to the agreement and responsible for the administration of the agrccmcnt. (See California Govemment Code Section 6503.5.) Moreover, the March JPA corrmissioners are authorized to exercise their own discretion when voting. (Sec Harbach v. El Pueblo de [.os Angeles etc. Com. ( l97l ) 14 Cal.3d g2g, 834.) kr light of the foregoing, although the City agrees with this finding, the Moreno valley city Council lacks the legar aulhority to demand that the March JpA create a permanent community advisory committee. Judith C. Clark, Presiding Judge fuverside County Grand Jury Riverside County Clerk-Recorder Jrne 24,2024
F16
"The March JPA violaled Governmenl Code $6503.8 by not submitting all required March JPA agteements and amendments to the Riverside County's Local Agency " Formation Commission Olfce. Rceens!: The City, based on the response of *re March JPA, agrees with this finding. F- 19 " Elfective on July I , 2025, the March JPA tansfers its land use authority, public works, policing, and .fire proteclion responsibilities to the County of Riverside. " Response: The City partially agrees with this finding. In 2023, the March JPA Commissioncrs agreed to amend the Joint Powers Agreement for thc 146 time, 'to reflect the refinement and reduction of duties of the March Joint Powers Authoriry, anticipated future completion of the land use redevelopment phase of the original purpose of the Agreement, and the transition into a new phase of inter-governmental cooperation in the operation and management of the civilian airport through the March Inland Pott Airyort Authority." The l4s Amendment is more complicated than the summary set forth in F-19 and is more fully explained in the amendment itself. Recommendations:
Recommendations 3
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R2" By October t , 2024, the Grand.Iury recommends that elected olfrcials on lhe County of Riverside Board of Supervisors and city council members in Moreno Valley, Perris, and Riverside establish times when March JPA issues will be discussecl, and a consewus developed for their represenlatives on the March JP A Commission- " Response: This recommendation has not been implemented by the City of Moreno Valley. State law acknowledges that a joint powers agreement may provide for the creation of an agency or entity that is separate fiom the parties to the agreement aDd responsible for the administration of the agreement. (See Califomia Govemment Code Section 6503.5.) Moreover, March JPA Commissioners are authorized to exercise their own discrction when voting. (See Harbach v. El Pueblo de Los Angeles etc. Com. (1971) I4 Cal.3d 828, 834.) This recommendation is also not required by the Joint Powers Act, the March Joint Powers Agreement, or the Judith C. Clark, Presiding Judge fuverside County Grand Jury fu verside County Clerk-Recordcr June24,2024 ordinances or resolutions of the City of Moreno Valley. In addition, March Joint March JPA Commissioners are authorized to exercise their own discretion when voting. (See Harbach v. El Pueblo de Los Angeles etc. Com. (1971) 14 Cal.3d 828, 834.)
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R6" By August l, 2024, the Grand Jury recommeruls thar the March JP A Commission establish, or be in the process of establishing, a permanent community advisory committee made up of Riverside County residenls. " Response: This recommendation has not been implemented by the City of Moreno Valley since this mattcr falls within the jurisdiction of the March JPA Commission, rather than with the Moreno Valley City Council. State law acknowledges that a joint powers agreement may provide for the creation of an agency or entity that is separate from the parties to the agreement and responsible for the administration of the agreement. (See Califomia Govemment Code Section 6503.5.) Moreover, March JPA Commissioners are authorizcd to cxercise their own discretion when voting. (See Harbach v. El Pueblo de Los Angeles ctc. Com. ( l97l) 14 Cal-3d 828, 834.)
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R9" By October 1, 2024, the Grand Jury recommends that the March JP A Commission reconsider its decision to transfer its land use authority, public works, policing, and frrc protection to the County of Riverside until all land development projecls are completed." Response: This recommendation has not been implemented by the City of Moreno Valley. The March JPA member agencies, including the City of Moreno Valley, approved the l4rh Amendment in accordance with the Joint Powers Act. To the extent this matter falls within the jurisdiction of the March JPA Commission, the March JPA Commissioners are authorized to exercise their own discretion when voting for any item coming before the Commission. (See Harbach v. El Pueblo de Los Angeles etc. Com. (1971) 14 Cal.3d 828, 834. Very truly yours, Judith C. Clark, Presiding Judge Riverside County Grand Jury Riverside County Clerk-Recorder ) lune 24,2024 ( Mayor Ulises Cabrera City of Moreno Valley