March Joint Poters Authorily: Marginalty Transparent, March 21,202;/

"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.

"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

"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: