2014/02/11 Riverside, County Aquatics Regional Facility Perris Valley MOU I MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN THE
2 CITY OF MENIFEE AND THE COUNTY OF RIVERSIDE FOR USE OF
EXISTING DEVELOPER CONTRIBUTIONS TO SUPPORT THE
3 PERRIS/MENIFEE AQUATICS REGIONAL FACILITY (ALSO REFERRED TO AS
4 THE PERRIS VALLEY AQUATIC CENTER)
5
6 THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as
7 "MOU") is entered by and between the City of Menifee (hereinafter referred to as
8 "CITY") and the County of Riverside (hereinafter referred to as "COUNTY") for use of
9 existing Developer Contribution Funds to support the Perris/Menifee Aquatics
10 Regional Facility (hereinafter referred to as "PROJECT") as of the Effective Date.
11 WITNESSETH
12 WHEREAS, the COUNTY has determined that there is a great need to provide
13 a recreational amenity such as an aquatic center in the Perris/Menifee Area;
14 WHEREAS, the COUNTY is the owner of certain real property, commonly
15 known as the Perris/Menifee Aquatics Regional Facility, with Assessor's Parcel
16 Number 327-190-029, and is located on the 12 western acres of the 22-acre parcel
17 which lies on Trumble Road between Vista and the Perris Valley Big League Dreams
18 Sports Park in the Perris/Menifee Area;
19 WHEREAS, the COUNTY entered into a design/build agreement with T.B.
20 Penick & Sons, Inc on June 28, 2011 for the design and construction of the
21 Perris/Menifee Aquatics Facility;
22 WHEREAS, the PROJECT is currently under construction and is scheduled to
23 be complete in early 2014;
24 WHEREAS, the CITY, through Minute Order 12.3 of the July 2, 2013 City of
25 Menifee City Council Meeting (EXHIBIT "A"), has authorized the City Manager to
26 execute this MOU which will approve the use by the COUNTY of $200,000 in existing
27 developer contributions including any interest, that were once collected by the
28 COUNTY and transferred to the CITY at its incorporation;
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I WHEREAS, the developer contributions collected by the COUNTY were
2 intended to be used for a regional aquatics facility; and
3 WHEREAS, although the intended facility was never built, the CITY has
4 determined the current PROJECT meets all the criteria necessary for the use of these
5 funds.
6 NOW, THEREFORE, based upon the covenants, conditions, provisions, and
7 mutual promises contained herein, the parties agree as follows:
8
9 SECTION I: CITY shall:
10 1. Transfer to COUNTY a total amount of two hundred thousand dollars
11 ($200,000) in existing developer contributions including any interest, to be used to
12 support the construction of the PROJECT within 10 business days from the Effective
13 Date of this MOU.
14
15 SECTION II: COUNTY shall:
16 1. Use the funds solely for the construction of the PROJECT including, but not
17 limited to the purchase of any furniture, fixtures and equipment required to operate
18 the facility.
19
20 SECTION III: It is further mutually agreed:
21 1. Contact Persons. Any and all notices sent or required to be sent under this
22 MOU shall be mailed to the following addresses:
23
24 COUNTY: Dominick Lombardi, Facilities Project Manager III
Riverside County Economic Development Agency
25 3403 Tenth Street, Suite 400
Riverside, CA 92501
26 (951)955-6622 Phone
27 (951)955-4890 Fax
28
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o,aa,d 0M010
1 CITY: Terri Willoughby, Finance Director
2 City of Menifee
29714 Haun Road, Menifee, CA 92586
3 (951)639-1368 Phone
4 (951)679-3843 Fax
5
6 2. Conflict of Interest. No member, official or employee of COUNTY or CITY
7 shall have any personal interest, direct or indirect, in this MOU nor shall any such
8 member, official or employee participate in any decision relating to this MOU which
9 affects his or her personal interest or the interests of any corporation, partnership or
10 association in which he or she is directly or indirectly interested.
11 3. Interpretation and Governing Law. This MOU and any dispute arising
12 hereunder shall be governed and interpreted in accordance with the laws of the State
13 of California. This MOU shall be construed as a whole according to its fair language
14 and common meaning to achieve the objectives and purposes of the parties hereto,
15 and the rule of construction to the effect that ambiguities are to be resolved against
16 the drafting party shall not be employed in interpreting this MOU, all parties having
17 been represented by counsel in the negotiation and preparation hereof.
18 4. No Third-Party Beneficiaries. This MOU is made and entered into for the
19 sole protection and benefit of the parties hereto. No other person or entity shall have
20 any right of action based upon the provisions of this MOU.
21 5. Indemnification. Except as to any legal challenge or claim brought by any
22 person or entity questioning the use of these funds for the purposes set forth herein
23 that is the subject of this MOU: (i) CITY shall indemnify and hold COUNTY, its officers,
24 agents and employees free and harmless from liability to any person or entity not a
25 party to this MOU from any damage, loss or injury to person and/or property which
26 primarily relates to or arises from the negligence or willful misconduct of the CITY, its
27 officers, agents, or employees in the execution or implementation of this MOU; (ii)
28 COUNTY shall indemnify and hold CITY, its officers, agents, or employees free and
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Up&td MaO10
1 harmless from any person or entity not a party to this MOU from any damage, loss or
2 injury to person and/ or property which primarily relates to or arises from the
3 negligence or willful misconduct of COUNTY, its officers, agents, or employees in the
4 execution or implementation of this MOU.
5 6. Section Headings. The Section headings herein are for the convenience of
6 the parties only and shall not be deemed to govern, limit, modify or in any manner
7 affect the scope, meaning or intent of the provisions or language of this MOU.
8 7. Compliance with Laws and Regulations. By executing this MOU,
9 COUNTY and CITY agree to comply with all applicable federal, state and local laws,
10 regulations and ordinances.
11 8. Assignment and Modification. This MOU shall not be assigned, amended
12 or modified without prior written approval of the COUNTY and CITY.
13 9. Waiver. Failure by a party to insist upon the strict performance of any of the
14 provisions of this MOU by the other party, or the failure by a party to exercise its rights
15 upon the default of the other party, shall not constitute a waiver of such party's right to
16 insist and demand strict compliance by the other party with the terms of this MOU
17 thereafter.
18 10. Severability. Each paragraph and provision of this MOU is severable from
19 each provision, and if any provision or part thereof is declared invalid, the remaining
20 provisions shall remain in full force and effect.
21 11. Authority to Execute. The persons executing this MOU or exhibits
22 attached hereto on behalf of the parties to this MOU hereby warrant and represent
23 that they have the authority to execute this MOU and warrant and represent that they
24 have the authority to bind the respective parties to this MOU to the performance of its
25 obligations hereunder.
26 12. Amendments and Modifications. It is agreed that the rights, interests,
27 understandings, agreements and obligations of the respective parties pertaining to the
28 subject matter of this MOU may not be amended, modified or supplemented in any
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Updated 08I2010
1 respect except by a subsequent written instrument evidencing the express written
2 consent of each of the parties hereto and duly executed by the Parties.
3 13. Effective Date: The Effective Date shall be the date approved by the
4 Board of Supervisors for COUNTY.
5 14. Entire MOU. This MOU is intended by the Parties hereto as a final
6 expression of their understanding with respect to the subject matter hereof and as a
7 complete and exclusive statement of the terms and conditions thereof and supersedes
8 any and all prior and contemporaneous agreements and understandings, oral or
9 written, in connection therewith. Any amounts to or clarification necessary to this
10 MOU shall be in writing and acknowledged by all parties to the MOU.
11
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13 SIGNATURES APPEAR ON THE FOLLOWING PAGE
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15 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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❑pdWd 0M010
1 IN WITNESS WHEREOF, COUNTY and CITY have caused their duly
2 authorized representatives to execute this MOU as of the date first written.
3
4 COUNTY OF RIVERSIDE CITY OF ME IFEE
5
6aDEO r
Jeff t , Chairman Robert ohnson
7 Board of Supervisors City M ager
8
9 ATTEST: ATTEST:
Kecia Harper-Them
10 Clerk of the Board
11
12
13 eputy Kathy Bennett, City Clerk
14
15 APPROVED AS TO FORM: APPROVED AS TO FORM:
16 Pamela J,Walls
17 j
County ounsel
18
19 i a C. Willis, Assistant Julie H. B'ggs, City Attorney
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Updated 06a010
EXHIBIT "A"
City of Menifee City Council
Meeting Minutes
July 2, 2013
1, CALL TO ORDER
Mayor Mann called the meeting to order at 7;01 p.m,
2. ROLL CALL
Present were; Mayor Scott Mann, Deputy Mayor Wallace Edgerton, Councilmember
Greg August, Councilmember Tom Fuhrman, (Councilmember John Denver absent-
vacation), Interim City Manager Robert Johnson, City Attorney Julie Hayward Biggs,
City Clerk Kathy Bennett, Director of Public Works Jonathan Smith, Director of
Finance Terri Willoughby, Administrative Services Director Julie Woodruff, Economic
Development Director Jeff Wyman, and approximately 50 members of the public.
3. INVOCATION — Pastor Jim Edwards, Revival Christian Fellowship
4. FLAG SALUTE • Councilmember August led the salute and noted his sincere
condolences for the firefighters lost in Arizona,
S. PRESENTATIONS
611. Introduction of Miss Menifee Court for 2013 and Certificates
of Appreciation for 2012 Miss Menifee Court and
Presentation to City of American Flag Flown in Afghanistan
Mayor Mann offered certificates to the 2012 court and introduced the
2013 court and accepted the flag flown over the base in Afghanistan.
Mayor Mann accepted an American flag flown over an American base in
Afghanistan,
5.2, Proclamation naming August as Toastmasters International
Awareness Month
Mayor Mann congratulated the incoming 2013 court and offered
proclamations to be given to the 2012 court.
6, APPROVAL OF MEETING MINUTES
6A, Minutes of June 18, 2013
Councilmember Fuhrman moved approval of the Minutes of June 18,
2013, The motion was seconded by Deputy Mayor Edgerton and passed
on a unanimous vote of those Counciimemhers present.
7. AGENDA APPROVAL OR MODIFICATION
City Clerk noted
The agenda was approved as posted.
S. PUBLIC COMMENTS
Louis Mazei—supports the monument signs the City plans for the Sun City
Community and the sign on the 215 but also suggests a naming policy for buildings to
Include the name of the City.
Katie Minnear—asked why the City is not using current EIR's on projects as some
are old and wondered about the cost of Measure C and asked why there was no
event at the Wooden Nickel Ranch for the anniversary of the Gettysburg battle, and
why the money was paid for permits by the homeless veterans who could not afford it
and then not held.
Mayor Mann noted the homeless nets did not pay for the money and the costs of the
permitting were in excess of the deposit and the event was not able to be held on the
property.
9. COUNCILMEMBER UPDATES AND COMMENTS.
Deputy Mayor Edgerton congratulated Jonathan Smith and Julie Woodruff on the title
changes with their positions.
Counciimember Fuhrman detailed the battle of Gettysburg and noted it is the 160"
birthday of that event.
Counciimember Fuhrman noted that he has been asking Council to make it easier for
the rural people and others to do business and use their land for business if they wish
and he would like to see the provisions modified to allow for that. He asked Council to
tell Code Enforcement to forgo any cases until 2014,
Mayor Mann noted that Counciimember Fuhrman asked to have this item returned for
review and it is scheduled to return for discussion by Council, and no decisions can
be made on an item that is not properly agendized.
Mayor Mann noted he spoke to the residents of Sun Meadows, He also reported on
attending the Chamber of Commerce installation dinner and complimented staff on
the work done for a successful State of the City event.
10, CONSENT CALENDAR
City of Menlfes City Council
Meeting Mjinutas
July 2,2013
Page 2
10.1. Waiver of Reading in Full of All Ordinances Listed on this
Agenda and Provide that they be Read by Title Only
10.2. Warrant Register
10.3. Proclamation Naming August as Spinal Muscular Atrophy
Awareness Month through the Muscular Dystrophy
Association
10.4. Approve Amendments to Agreements with Tri Lake
Consultants and Hartzog & Crabill, Inc. for Adjustments to
2012-13 Allocated Amounts
10.6, Approve Replacement and Reduction Agreements and
Bonds for Construction of Street and Drainage,Water and
the Placement of Survey Monuments for TR 30664 "Gallery
Oaks" Project
10.6. Adopt Resolutions 13-324 Ordering Preparation of
Engineer's Report Regarding Proposed Assessments to be
Levied and Collected for Fiscal Year 2013.13 for Landscape
and Lighting Maintenance District 89.1 Zones as noted and
Resolution No. 13-326 Setting the Time and Place for the
Public Hearing for Landscape and Lighting District No. 88-1
Annual Charges for Zones as listed and Authorize County of
Riverside to Administer the Landscaping and Lighting
Maintenance District No.89-1
Councilmember Fuhrman pulled Item 10.6 for separate discussion.
Councilmember Fuhrman moved approval of the balance of the Consent
Agenda, The motion was seconded by Deputy Mayor Edgerton and
approved on a unanimous roll call vote of those Councilmembers
present.
10.6— Councilmember Fuhrman asked where he could find the funds
involved in the installation and maintenance of trails in the report for the
Annual Landscape and Lighting Maintenance District. The Clerk noted
the details will be presented at the upcoming public hearing and this item
is only to set the hearing and order preparation of those reports.
Councilmember Fuhrman moved approval of Item 10.6, the motion was
seconded by Deputy Mayor Edgerton and passed on a unanimous roll
call vote of those Councilmembers present.
11. PUBLIC HEARINGS
11.1. Public Hearing—Adopting a Negative Declaration and
Introduction of Ordinance No. 2013-118 Amending Chapter
City of Menifee City Council
Meeting Minutes
July 2,2013
Page 3
9.3 "Detached Accessory Buildings" of the Menifee
Municipal Code to Include Underground Storage Facilities
and Bunkers
Mayor Mann asked for a staff report and the City Attorney described
the presented changes in the City's code. She noted it covered permit
information for underground storage facilities and car ports as well,
She noted that it set standards except there is no maximum size
shown for bunkers.
Mayor Mann opened the public hearing at 7:35 p.m. He asked if the
notice was properly published and the Clerk noted it was legally
published and no further correspondence had been received. No
speakers came forward to testify on the matter and the Mayor closed
the public hearing at 7:36 p.m.
Councilmember Fuhrman moved to adopt the Negative Declaration,
Deputy Mayor Edgerton seconded the motion and it passed on a
unanimous roll call vote of those Counciimembers present.
Councilmember Fuhrman moved to introduce Ordinance No. 2013-
119 Amending Chapter 9,3 of the Menifee Municipal Code regarding
Detached Accessory Buildings to Include Underground Storage
Facilities and Schedule for Second Reading and Adoption on July 16,
2013. The motion was seconded by Councilmember August and
approved on a unanimous vote of those Councilmembers present
11.2. Public Hearing to Establish FY 2013114 Community Service
Area (CSA) Charges within the City
Finance Director Willoughby offered a staff report on the Annual Charges
for CSA.
Mayor Mann called for questions from Council, and then asked staff to
return with an update on the reserve balance for CSA K
Mayor Mann opened the public hearing at 7:40 p.m. No public testimony
was presented.Mayor Mann closed the public hearing at 7:40 p.m.
Councilmember Fuhnnan moved to adopt Resolution No, 13-330 to
Establish GSA Charges for FY 2013114. The motion was seconded by
Deputy Mayor Edgerton and passed on a unanimous roll call vote of
those Counciimembers present.
City of Menifee Clty Cpuncil
Meeting Minutes
July 2,2013
Page 4
12. DISCUSSION ITEMS
12.1. Award of Bid and Approve Agreements for the Newport Road
Widening (Antelope to Menifee) CIP#01-13, and Increase
Budget
Interim Manager Johnson noted that this is a major project for the City of
Menifee and is well ahead of schedule. He asked Director Smith to
introduce the presenter for the details of the proposed project,
Engineering staff Crystal Nguyen noted the details of the bid and
recommended award of bid. She noted the start date for the project Is set
for August 5, 2013.
Deputy Mayor Edgerton moved to award the bid for project to
lowest responsible bidder, Griffith Company in amount of
$2,967,812 and authorize the City Manager to approve change
order(s) necessary not to exceed 10% of contract amount,
Councilmember August seconded the motion and it was approved
on a unanimous roll call vote of those Councilmembers present.
Deputy Mayor Edgerton moved to approve the agreement with
Dudek for Construction Management and inspection Services for
$165,650 and authorize the City Manager to approve change
order(s) for the unanticipated additional expenditures necessary
not to exceed 10% of the contract amount. The motion was
seconded by Councilmember August and passed on a unanimous
roll call vote of those Councilmembers present.
Deputy Mayor Edgerton moved to approve the agreement with
Aragon Geotechnical,Inc. for Geotechnical Services in amount of
$44,526 and authorize the City Manager to approve change
order(s)for additional expenditures necessary not to exceed 10%
of the contract amount.The motion was seconded by
Councilmember August and approved on a unanimous vote of
those Councilmembers present.
Deputy Mayor Edgerton moved to increase the budget in the
City's Development Impact Fee Area Plan 17—Traffic Signal fund
by $306,000 in an account to be assigned by the City's Finance
City of Menifee tarty Council
Meeting Minutes
July 2,2013
Page 5
Department, The motion was seconded by Mayor Mann and
approved on a unanimous roll call vote of those Councllmember's
present.
Councilmember Fuhrman moved to increase the budget for the
Newport Road Widening Project Account in the City's Measure "A"
Fund by $347,357, The motion was seconded by Deputy Mayor
Edgerton and approved on a unanimous roll call vote of those
Councilmembers present.
12.2. Menifee Road Cooperative Agreement, Credit Agreement,
Lien in Lieu Agreements and Increase Estimated Revenues
and Expenditure Budget
Interim Manager Johnson introduced Council Executive Consultant
Shawn Nelson who presented the details of the project and items
involved in the staff report and answered questions of Council
Deputy Mayor Edgerton moved to approve the Cooperative
Agreement between the City of Menifee and Eldorado Venture
LLLP for Menifee Road and Drainage Improvements. The motion
was seconded by Councilmember August and passed on a
unanimous roll call vote of those Coucilmembers present,
Deputy Mayor Edgerton moved to approve the TUMF Credit
Agreements between the City of Menifee and Eldorado Venture
LLLP. The motion was seconded by Councilmember Fuhrman
and passed on a unanimous roll calf vote of those
Councilmembers present,
Councilmember Fuhrman moved to approve the substitution of
Performance Bonds to Lien in Lieu Agreements with Eldorado
Venture LLLP. Deputy Mayor Edgerton seconded the motion and
it passed on a unanimous roll call vote of those Councilmembers
present.
Councilmember August moved to approve an increase in the
estimated revenues from Transportation Uniform Mitigation Fees
(TUMF) as outlined in the letter from Western Riverside Council
of Governments (WRCCG), and a corresponding increase in the
expenditure budget of the Capital Project Fund, in a project
account to be assigned by the Finance Department. The motion
was seconded by Deputy Mayor Edgerton and passed on a
unanimous roll call vote of those Councilmembers present.
City of Menifee City Council
Meeting Minutes
July 2,2013
Page 6
12.3. Authorize Staff to Prepare a Memo of Understanding with the
County of Riverside to Use $200,000 in Existing Developer
Contributions for the Regional Aquatics Facility and
Authorize City Manager to Execute the Memorandum of
Understanding on Behalf of the City
Discussion was held regarding the use of the funds that came to the City
from prior to incorporation fora regional aquatics center. Mayor Mann
thanked Councilmembers Denver and August for meeting on an ad hoc
committee to research and discuss the recommended use of these
funds.
Councilmember Fuhrman moved approval of the committee
recommendation to prepare a Memorandum of Understanding with the
County of Riverside to Use $200,000 in existing developer contributions
including any interest, and authorize the City Manager to execute the
MOU on behalf of the City. The motion was seconded by Councilmember
August and approved on a unanimous roll call vote of those
Councilmembers present.
12.4, Discussion for Possible Action to Change Regular Council
Meeting Dates
Council discussed various options including the first and third
Wednesday of the month,
Deputy Mayor Edgerton moved to have staff prepare necessary
documents to return July 16, 2013 to formalize moving the regular
meeting of City Council to the first and third Wednesdays of every month.
Councilmember August seconded the motion and it passed on a
unanimous vote of those Councilmembers present.
Mayor Mann suggested that a trial period through thee end of the calendar
year could be arranged with the item reviewed at the annual
reorganizational meeting in December.
13. CITY ATTORNEY REPORTS
City Attorney Biggs reported that the discussion about the Home Occupation
ordinances could be returned at the first meeting of August as the agenda for July
16, 2013 is large. Mayor Mann agreed to the first meeting of August is appropriate,
14. CITY MANAGER REPORTS
City of Menites City Gouncll
Meeting Minutes
July 2,2013 Page 7
Interim Manager Johnson announced the appointment of Julie Woodruff and
Jonathan Smith to the new titles and congratulated them.. He noted that the
Independence Day event was a good event with projection of 15,000 attendees. He
thanked the staff who volunteer for the event.
16, FUTURE AGENDA REQUESTS FROM COUNCILMEMBERS
Councilmember Fuhrman thanked Mayor Mann for the privilege of the floor but said
he is bothered by some things. He said he is the captain of a boat in limbo and that
he represents 200 rural property owners who want to use their land for business
and that he has a right to speak for his constituents,
Councilmember August asked fora report to be prepared to update Council on the
signage possibilities of freeway signage on the 215 north and south showing
information about Sun City. Councilmember August also asked for Ordinance 2009-
22 dealing with Farmer's Markets descriptions, conditions and regulations be
returned to Council for consideration in order to help save an important weekly
event in Sun City. He asked the staff work with the representatives of the Farmers
Market and center where It is held.
Interim City Manager Johnson asked Director Smith to report on the possibility of
the 1215 signage for Sun City. Director Smith reported that he had been in touch
with Cal Trans, and regardless of what the City had been told before there is a
possibility for such signage and he is working through the process and will report as
he learns of the possibilities and update at the next Council meeting.
Mayor Mann asked the City Attorney to return to Council with a list of the
ordinances that are returning to the Council and allow discussion of priority of the
return of those ordinances to the Council, City Attorney Biggs agreed she would
make a list and return to Council for a report on that consideration.
16, ADJOURN
Mayor Mann adjourned the meeting at 8:29 p.m. in honor and memory of the
nineteen firefighters killed in Arizona.
Kathy Bennett, City Clerk
Chy of Menitea City Council
Meeting Minutes
July 2,2013
Page 8
CITY OF MENIFEE
-- . ----------------------------------------- -------------------------------------------------------
AUTHORIZE STAFF TO PREPARE A MEMORANDUM OF UNDERSTANDING
WITH THE COUNTY OF RIVERSIDE FOR USE OF EXISTING DEVELOPER
CONTRIBUTIONS OF $200,000 PLUS INTEREST TO SUPPORT THE
PERRIS/MENIFEE AQUATICS REGIONAL FACILITY AND AUTHORIZE THE
CITY MANAGER TO SIGN THE MOU ON BEHALF OF THE CITY
MEETING DATE: July 2, 2013
TO: Mayor and City Council
PREPARED BY: Kathy Bennett, City Clerk
REVIEWED BY: Robert A. Johnson, Interim City Manager 1pj
SUBJECT: Authorize Staff to Prepare a Memorandum of Understanding
with the County of Riverside for Use of Existing Developer
Contributions of$200,000 plus interest to Support the
Perris/Menifee Aquatics Regional Facility and Authorize the
City Manager to Sign on behalf of the City
RECOMMENDED ACTION
1. Authorize staff to prepare an agreement with the County of Riverside to approve
use of existing Developer Contributions of$200,000 plus interest to support the
Perrls/Menifee Aquatics Regional Facility.
2. Authorize the City Manager to sign the MOU on behalf of the City.
DISCUSSION
Recently the Aquatics Ad Hoc committee met and reported at the June 18, 2013
meeting, asking for a report to approve funding the Perris/Menifee Aquatics Regional
Facility with existing developer contributions that were transferred from the County and
existed prior to the City's incorporation. 'The committee members noted that the use of
the funds fit the original intent for such funds when they were collected by the County
and, although the originally planned facility was not built, the facility that was constructed
meets all the criteria necessary for the use of these funds,
An agreement can be prepared with the County of Riverside and signed by the City
Manager.
FISCAL. IMPACT
1
None.
ATTACHMENTS
None.