Riverside County Grand Jury • 2023-2024 • Agency Response

City of Perris Office of Tf# Mayor Michail M. Vargas

Published: March 21, 2024 3 pages
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Note: Missing finding numbers detected: F5, F6, F7, F8, F9, F10, F11, F12, F13, F14, F15, F17, F18

Findings 3 findings

F4
The March JPA commissioners infrequentty seek a consensus on March JpA issues from other elected olTicials on their city counciUboard. City response: Agree. March JPA Commission members are authorized to exercise their own discretion when voting on matters coming before them. (see Horbach v. Er puebro De Los Angeles etc. Com-, l4 cal. App. 3d 828, s34 (1971)) The Joint powers Act, the March Joint 101 North "D" Street Perris, Californi a 925i0 (9sl) 943-6100 Ext. Powers Agreement, and the City's ordinances and resolutions do not limit their authority to vote as March MPA Commission members. In addition, the Government Code acknowledges that a joint powers agreement may create an agency or entity that is separate from the parties to the agreement and which agency or entio/ is responsible for the administration of the agreement. (See Cal. Gov. Code Section 6503.5). As such, even though the City's appointed March JPA commission members may report back on the March JPA matters, this does not give the City jurisdiction over such matters and, thus, many March JPA Commission matters are beyond the subj ect matter jurisdiction of the City such that the City is not able to consider such matters in order to provide direction. F-l1 The March JPA does not have a permanent community advisory committee comprised of Riverside County residents. City response: Agree. However, as stated in the City's response to F-4, the March JPA is separate from the parties to the joint powers agreement (including the City) and is able to administer its underlying joint powers agreement. Further, March JPA Commission members are authorized to exercise their own discretion when voting on matters coming before them. (See Harbach v. El Pueblo De Los Angeles etc. Com., 14 Cal. App 3d 828, 834 (1971)). In addition, the Govemment Code acknowledges that ajoint powers agreement may create an agency or entity that is separate from the parties to the agreement and which agency or entity is responsible for the administration of the agreement. (See Cal. Gov. Code Section 6503.5). Therefore, the Perris City Council lacks the legal authority to require that the March JPA create any committees, including the aforementioned perrnanent community advisory comminee. F-16 The March JPA violated Government Code $6503.8 by not submitting all required March JPA agreements and amendments to the Riverside County's Local Agency Formation Commission Office. City response: Based upon March JPA's response to the Report, the City agrees with this finding. F-19 Effective on July l, 2025, the March JPA transfers its land use authority, public works, policing, and fire protection responsibilities to the County of Riverside. City response: The City partially agrees with this finding. March JPA's Joint Powers Agreement was amended in 2023 "to reflect the refinement and reduction of duties of the March Joint Powers Authority, anticipated future completion of the land use redevelopment phase of the original purpose of the Agreement, and the fansition into a new phase of inter-governmental cooperation in the operation and management of the civilian airport through the March Inland Port Airport Authority." The 14e Amendment provides greater detail than what is summarized in Finding 19 and is fully explained therein. Required Responses to Recommendations R-2 By October 1,2024, the Grand Jury recommends that elected officials on the County of Riverside Board of Supervisors and city council members in Moreno Valley, Perris, and Riverside establish times when March JPA issues will be discussed, and a consensus developed for their representatives on the March JPA Commission. City response: This recommendation has not been implemented by the City. Nothing in the Joint Powers Act, the March Joint Powers Agreemenl or the City's ordinances or resolutions requires implementation of this recommendation. Further, JPA Commission members are authorized to exercise their own discretion when voting on matters coming before them. (See Harbach v. El Pueblo De Los Angeles etc. Com., 14 Cal. App. 3d 828, 834 (1971)). In addition, the Government Code acknowledges that a joint powers agreement may create an agency or entity that is separate from the parties to the agreement and which agency or entity is responsible for the administration of the agreement. (See Cal. Gov. Code Section 6503.5). R-6 By August l, 2024, the Grand Jury recommends that the March JPA Commission establish, or be in the process of establishing, a permanent community advisory committee made up of Riverside County residents. City response: This recommendation has not been implemented by the City. This matter falls within the jurisdiction of the March JPA Commission and, as noted in the City's responses above, March JPA Commission members are authorized to exercise their own discretion when voting for any item coming before the Commission. (See Harbach v. El Pueblo De Los Angeles elc. Com., 14 Cal. App. 3d 828, 834 (1971)). In addition, the Govemment Code acknowledges that a joint powers agreement may create an agency or entity that is separate from the parties to the agreement and which agency or entity is responsible for the administration of the agreement. (S'ee Cal. Gov. Code Section 6503.5). R-9 By October l, 2024, the Grand Jury recommends that the March JPA Commission reconsider its decision to transfer its land use authority, public works, policing' and fire protection to the County of Riverside until all land development projects are completed. City response: This recommendation has not been implemented by the City. The March JPA member agencies, including the City, approved the 146 Amendment in accordance with the Joint Powers Act. To the extent this matter falls within the March JPA Commission's jurisdiction, the March JPA Commission members are authorized to exercise their own discretion when voting for any item coming before the Commission as discussed in the City's responses above. With respect to the Report's findings and recommendations in which responses are invited, the City defers to the responses provided by March JPA as the March JPA is in the best position to respond. Should you have any questions regarding this letter, please contact the Penis City Manager at 951- 943-6100 Very Truly Yours, Michael M. Vargas Mayor City of Penis
F16
The March JPA violated Government Code $6503.8 by not submitting all required March JPA agreements and amendments to the Riverside County's Local Agency Formation Commission Office. City response: Based upon March JPA's response to the Report, the City agrees with this finding.
F19
Effective on July l, 2025, the March JPA transfers its land use authority, public works, policing, and fire protection responsibilities to the County of Riverside. City response: The City partially agrees with this finding. March JPA's Joint Powers Agreement was amended in 2023 "to reflect the refinement and reduction of duties of the March Joint Powers Authority, anticipated future completion of the land use redevelopment phase of the original purpose of the Agreement, and the fansition into a new phase of inter-governmental cooperation in the operation and management of the civilian airport through the March Inland Port Airport Authority." The 14e Amendment provides greater detail than what is summarized in Finding 19 and is fully explained therein. Required Responses to Recommendations

Recommendations 3