2021-08-18 City Council Regular MEETING - Agenda PacketCity Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Matthew Liesemeyer, District 2
Lesa Sobek, District 3
Dean Deines, District 4 AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, August 18, 2021
5:00 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Sarah A. Manwaring, City Clerk
CLOSED SESSION (5:00 PM)
1.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9
BTS Sun City LLC
Riverside County Superior Court Case No. MCC2000437
2.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9
BTS Sun City LLC
Riverside County Superior Court Case No. MCC2000444
3.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9
BTS Sun City LLC
Riverside County Superior Court Case No. MCC2000445
4.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9
Pechanga Band of Luiseno Indians; and Soboba Band of Luiseno Indians v. City of
Menifee
Riverside County Superior Court Case No. CVRI2000531
REGULAR MEETING (6:00 PM)
1.CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1.Pastor Ryan Sharp Impact Church
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1.OpenGov Public Dashboard
5.2.Community Services Department Update
5.3.Business Spotlight – Sun City Florist and Gifts
6.AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the
agenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendized
matters at the time such comments are made. Each speaker will be limited to three minutes on any
single item. Please sign up in person at the kiosk or online at https://cityofmenifee.us/agendas.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 August 4, 2021 City Council Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember
requests a separate action on a specific item on the Consent Calendar. If an item is removed from the
Consent Calendar, it will be discussed individually and acted upon separately.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and
provide that they be read by title only.
10.2 Treasurer's Report, June 2021
RECOMMENDED ACTION
1. Approve the Treasurer’s Report for the month of June 2021.
10.3 Treasurer's Report, July 2021
RECOMMENDED ACTION
1. Approve the Treasurer’s Report for the month of July 2021.
10.4 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 7/30/2021, the Payroll Register/Other
EFT’s dated 7/23/2021, 7/26/2021, 7/27/2021, and the Void Check Listing PE
7/31/2021 have a total budgetary impact of $8,424,367.52.
10.5 Fiscal Year 21/22 PD Fleet Vehicles Purchase
RECOMMENDED ACTION
1. Approve the purchase of nine vehicles from the State of California Contract
Vendor Wondries/National Auto Fleet Group based on the attached quotes for a
nottoexceed amount of $468,476.33 including tax and delivery, and using
the Fund Account number 115491153155; and
2. Allow the purchase be made under the cooperative purchasing (piggyback)
agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6)
with Sourcewell Contract# 120716NAF, thereby exempting the purchase under
the competitive bidding process; and
3. Authorize the City Manager to execute the required documents.
10.6 Fiscal Year 2021/22 Bonded CFDs Formation and Consulting Services Agreements
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute professional services
agreement with Urban Futures in the nottoexceed amount of $90,000 for
Fiscal Year 2021/22 Community Facilities District Formation Financial Advisory
Services (Formation and Bond Sale); and
2. Approve and authorize the City Manager to execute professional services
agreement with Spicer Consulting Group in the nottoexceed amount of
$250,000 for Fiscal Year 2021/22 Community Facilities District Special Tax
Consultant Formation and Bond Sale Services; and
3. Approve and authorize the City Manager to execute professional services
agreement with Stradling, Yocca, Carlson & Rauth in the nottoexceed amount
of $210,000 for Fiscal Year 2021/22 Community Facilities District Formation
Counsel Services.
10.7 Cooperative Agreement for Line A, J and N Storm Drain for Audie Murphy Ranch
Development by Sutter Mitland 01, LLC
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Cooperative Agreement
between Riverside County Flood Control and Water Conservation District, City
of Menifee, and Sutter Mitland 01, LLC for the construction, ownership,
operation and maintenance of the Salt Creek Audie Murphy Ranch Lines A, J,
and N Storm Drain.
10.8 Agreement with Copp Contracting Inc., for Rancho LaVita Resurfacing, CIP 2116
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute an OwnerContractor
Agreement with Copp Contracting Inc., for CIP 2116, Rancho LaVita
Resurfacing, in the amount of $799,364.75; and
2. Authorize the City Manager to execute change orders(s) for unanticipated
expenditures required to execute the construction of the project, in an amount
nottoexceed 10% of the contract amount or $79,936.47; and
3. Approve Budget Adjustment Resolution carrying forward CIP 2116 Rancho
LaVita Resurfacing Project budget from Fiscal Year 20202021 into the Fiscal
Year 20212022 budget; and
4. Authorize the City Manager to execute the Utility Relocation Agreement between
the City of Menifee and Eastern Municipal Water District for reimbursement of
costs related to the relocation of water facilities for Rancho LaVita Resurfacing,
CIP 2116, located north of McCall Blvd, between Sherman Road and Chatham
Lane.
11. PUBLIC HEARING ITEMS NONE
12. DISCUSSION ITEMS
12.1 Military Banner Program Policy No. CC30 Revision No. 1
RECOMMENDED ACTION
1. Review criteria for use of donations made to the Military Banner Program; and
2. Adopt the first revision to City Council Policy No. CC30, Military Banner
Program Policy.
12.2 League of California Cities Annual Conference Voting Delegate and Proposed
Resolutions
RECOMMENDED ACTION
1. Appoint a voting delegate to the League of California Cities Annual Conference
scheduled for September 22 – 24, 2021 in Sacramento and authorize the City
Clerk to complete and return the voting delegate/alternate form to the League of
California Cities; and
2. Discuss the proposed League of California Cities Resolutions and determine a
City position so that the voting delegate can represent the City at the League of
California Cities’ annual business meeting.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)
Target Date: September 2021
> Discuss Hunting Regulations Within the City (Zimmerman, December 2, 2020)
Target Date: September 2021
> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer,
February 17, 2021)
Target Date: TBD
> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)
Target Date: 2022
> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)
Target Date: September 2021
> County Ordinance No. 760 Report from Staff (Karwin, April 21, 2021)
Target Date: September 2021
> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021)
Target Date: TBD – following the RCTC feasibility study
> Menifee City Flag Program (Karwin, May 5, 2021)
Target Date: September 2021
> Report on Pet Licensing Fees and Animal Services (Dienes, May 19, 2021)
Target Date: TBD
> Krikorian Theater and Property Updates (Sobek, May 19, 2021)
Target Date: TBD
> Regional Transportation Plan Update (Sobek, July 7, 2021)
Target Date: TBD
> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021)
Target Date: TBD
16.ADJOURN
Decorum Policy Notes
For information on how to participate in the meeting, please visit the City’s webpage
at https://cityofmenifee.us/agendas. The Council anticipates and encourages public participation at its
Council meeting, both on agenda items and during the public comments period. Please turn your cell
phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage
participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution
of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at
(951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City
Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council August 18,2021
Page 1 of 345
City Council Chambers29844 Haun RoadMenifee, CA 92586Bill Zimmerman, MayorBob Karwin, District 1Matthew Liesemeyer, District 2Lesa Sobek, District 3Dean Deines, District 4 AGENDA Menifee City Council Regular Meeting AgendaWednesday, August 18, 20215:00 PM Closed Session6:00 PM Regular MeetingArmando G. Villa, City ManagerJeffrey T. Melching, City AttorneySarah A. Manwaring, City ClerkCLOSED SESSION (5:00 PM)1.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9BTS Sun City LLC Riverside County Superior Court Case No. MCC20004372.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9BTS Sun City LLCRiverside County Superior Court Case No. MCC20004443.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9BTS Sun City LLC Riverside County Superior Court Case No. MCC20004454.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9Pechanga Band of Luiseno Indians; and Soboba Band of Luiseno Indians v. City ofMenifeeRiverside County Superior Court Case No. CVRI2000531REGULAR MEETING (6:00 PM)1.CALL TO ORDER 2. ROLL CALL 3. WORDS OF INSPIRATION
3.1.Pastor Ryan Sharp Impact Church
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1.OpenGov Public Dashboard
5.2.Community Services Department Update
5.3.Business Spotlight – Sun City Florist and Gifts
6.AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the
agenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendized
matters at the time such comments are made. Each speaker will be limited to three minutes on any
single item. Please sign up in person at the kiosk or online at https://cityofmenifee.us/agendas.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 August 4, 2021 City Council Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember
requests a separate action on a specific item on the Consent Calendar. If an item is removed from the
Consent Calendar, it will be discussed individually and acted upon separately.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and
provide that they be read by title only.
10.2 Treasurer's Report, June 2021
RECOMMENDED ACTION
1. Approve the Treasurer’s Report for the month of June 2021.
10.3 Treasurer's Report, July 2021
RECOMMENDED ACTION
1. Approve the Treasurer’s Report for the month of July 2021.
10.4 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 7/30/2021, the Payroll Register/Other
EFT’s dated 7/23/2021, 7/26/2021, 7/27/2021, and the Void Check Listing PE
7/31/2021 have a total budgetary impact of $8,424,367.52.
10.5 Fiscal Year 21/22 PD Fleet Vehicles Purchase
RECOMMENDED ACTION
1. Approve the purchase of nine vehicles from the State of California Contract
Vendor Wondries/National Auto Fleet Group based on the attached quotes for a
nottoexceed amount of $468,476.33 including tax and delivery, and using
the Fund Account number 115491153155; and
2. Allow the purchase be made under the cooperative purchasing (piggyback)
agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6)
with Sourcewell Contract# 120716NAF, thereby exempting the purchase under
the competitive bidding process; and
3. Authorize the City Manager to execute the required documents.
10.6 Fiscal Year 2021/22 Bonded CFDs Formation and Consulting Services Agreements
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute professional services
agreement with Urban Futures in the nottoexceed amount of $90,000 for
Fiscal Year 2021/22 Community Facilities District Formation Financial Advisory
Services (Formation and Bond Sale); and
2. Approve and authorize the City Manager to execute professional services
agreement with Spicer Consulting Group in the nottoexceed amount of
$250,000 for Fiscal Year 2021/22 Community Facilities District Special Tax
Consultant Formation and Bond Sale Services; and
3. Approve and authorize the City Manager to execute professional services
agreement with Stradling, Yocca, Carlson & Rauth in the nottoexceed amount
of $210,000 for Fiscal Year 2021/22 Community Facilities District Formation
Counsel Services.
10.7 Cooperative Agreement for Line A, J and N Storm Drain for Audie Murphy Ranch
Development by Sutter Mitland 01, LLC
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Cooperative Agreement
between Riverside County Flood Control and Water Conservation District, City
of Menifee, and Sutter Mitland 01, LLC for the construction, ownership,
operation and maintenance of the Salt Creek Audie Murphy Ranch Lines A, J,
and N Storm Drain.
10.8 Agreement with Copp Contracting Inc., for Rancho LaVita Resurfacing, CIP 2116
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute an OwnerContractor
Agreement with Copp Contracting Inc., for CIP 2116, Rancho LaVita
Resurfacing, in the amount of $799,364.75; and
2. Authorize the City Manager to execute change orders(s) for unanticipated
expenditures required to execute the construction of the project, in an amount
nottoexceed 10% of the contract amount or $79,936.47; and
3. Approve Budget Adjustment Resolution carrying forward CIP 2116 Rancho
LaVita Resurfacing Project budget from Fiscal Year 20202021 into the Fiscal
Year 20212022 budget; and
4. Authorize the City Manager to execute the Utility Relocation Agreement between
the City of Menifee and Eastern Municipal Water District for reimbursement of
costs related to the relocation of water facilities for Rancho LaVita Resurfacing,
CIP 2116, located north of McCall Blvd, between Sherman Road and Chatham
Lane.
11. PUBLIC HEARING ITEMS NONE
12. DISCUSSION ITEMS
12.1 Military Banner Program Policy No. CC30 Revision No. 1
RECOMMENDED ACTION
1. Review criteria for use of donations made to the Military Banner Program; and
2. Adopt the first revision to City Council Policy No. CC30, Military Banner
Program Policy.
12.2 League of California Cities Annual Conference Voting Delegate and Proposed
Resolutions
RECOMMENDED ACTION
1. Appoint a voting delegate to the League of California Cities Annual Conference
scheduled for September 22 – 24, 2021 in Sacramento and authorize the City
Clerk to complete and return the voting delegate/alternate form to the League of
California Cities; and
2. Discuss the proposed League of California Cities Resolutions and determine a
City position so that the voting delegate can represent the City at the League of
California Cities’ annual business meeting.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)
Target Date: September 2021
> Discuss Hunting Regulations Within the City (Zimmerman, December 2, 2020)
Target Date: September 2021
> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer,
February 17, 2021)
Target Date: TBD
> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)
Target Date: 2022
> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)
Target Date: September 2021
> County Ordinance No. 760 Report from Staff (Karwin, April 21, 2021)
Target Date: September 2021
> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021)
Target Date: TBD – following the RCTC feasibility study
> Menifee City Flag Program (Karwin, May 5, 2021)
Target Date: September 2021
> Report on Pet Licensing Fees and Animal Services (Dienes, May 19, 2021)
Target Date: TBD
> Krikorian Theater and Property Updates (Sobek, May 19, 2021)
Target Date: TBD
> Regional Transportation Plan Update (Sobek, July 7, 2021)
Target Date: TBD
> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021)
Target Date: TBD
16.ADJOURN
Decorum Policy Notes
For information on how to participate in the meeting, please visit the City’s webpage
at https://cityofmenifee.us/agendas. The Council anticipates and encourages public participation at its
Council meeting, both on agenda items and during the public comments period. Please turn your cell
phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage
participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution
of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at
(951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City
Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council August 18,2021
Page 2 of 345
City Council Chambers29844 Haun RoadMenifee, CA 92586Bill Zimmerman, MayorBob Karwin, District 1Matthew Liesemeyer, District 2Lesa Sobek, District 3Dean Deines, District 4 AGENDA Menifee City Council Regular Meeting AgendaWednesday, August 18, 20215:00 PM Closed Session6:00 PM Regular MeetingArmando G. Villa, City ManagerJeffrey T. Melching, City AttorneySarah A. Manwaring, City ClerkCLOSED SESSION (5:00 PM)1.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9BTS Sun City LLC Riverside County Superior Court Case No. MCC20004372.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9BTS Sun City LLCRiverside County Superior Court Case No. MCC20004443.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9BTS Sun City LLC Riverside County Superior Court Case No. MCC20004454.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9Pechanga Band of Luiseno Indians; and Soboba Band of Luiseno Indians v. City ofMenifeeRiverside County Superior Court Case No. CVRI2000531REGULAR MEETING (6:00 PM)1.CALL TO ORDER 2. ROLL CALL 3. WORDS OF INSPIRATION 3.1.Pastor Ryan Sharp Impact Church4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS 5.1.OpenGov Public Dashboard5.2.Community Services Department Update5.3.Business Spotlight – Sun City Florist and Gifts6.AGENDA APPROVAL OR MODIFICATIONS 7. PUBLIC COMMENTS (NONAGENDA ITEMS)This is the time for members of the public to address the Council about items which are NOT listed on theagenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendizedmatters at the time such comments are made. Each speaker will be limited to three minutes on anysingle item. Please sign up in person at the kiosk or online at https://cityofmenifee.us/agendas. 8. COUNCILMEMBER UPDATES AND COMMENTS 9. APPROVAL OF MINUTES 9.1 August 4, 2021 City Council Minutes10. CONSENT CALENDAR All matters on the Consent Calendar are to be approved in one motion unless a Councilmemberrequests a separate action on a specific item on the Consent Calendar. If an item is removed from theConsent Calendar, it will be discussed individually and acted upon separately.10.1 Waiver of ReadingRECOMMENDED ACTION1. Waive the reading in full of any and all Ordinances listed on this agenda andprovide that they be read by title only.
10.2 Treasurer's Report, June 2021
RECOMMENDED ACTION
1. Approve the Treasurer’s Report for the month of June 2021.
10.3 Treasurer's Report, July 2021
RECOMMENDED ACTION
1. Approve the Treasurer’s Report for the month of July 2021.
10.4 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 7/30/2021, the Payroll Register/Other
EFT’s dated 7/23/2021, 7/26/2021, 7/27/2021, and the Void Check Listing PE
7/31/2021 have a total budgetary impact of $8,424,367.52.
10.5 Fiscal Year 21/22 PD Fleet Vehicles Purchase
RECOMMENDED ACTION
1. Approve the purchase of nine vehicles from the State of California Contract
Vendor Wondries/National Auto Fleet Group based on the attached quotes for a
nottoexceed amount of $468,476.33 including tax and delivery, and using
the Fund Account number 115491153155; and
2. Allow the purchase be made under the cooperative purchasing (piggyback)
agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6)
with Sourcewell Contract# 120716NAF, thereby exempting the purchase under
the competitive bidding process; and
3. Authorize the City Manager to execute the required documents.
10.6 Fiscal Year 2021/22 Bonded CFDs Formation and Consulting Services Agreements
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute professional services
agreement with Urban Futures in the nottoexceed amount of $90,000 for
Fiscal Year 2021/22 Community Facilities District Formation Financial Advisory
Services (Formation and Bond Sale); and
2. Approve and authorize the City Manager to execute professional services
agreement with Spicer Consulting Group in the nottoexceed amount of
$250,000 for Fiscal Year 2021/22 Community Facilities District Special Tax
Consultant Formation and Bond Sale Services; and
3. Approve and authorize the City Manager to execute professional services
agreement with Stradling, Yocca, Carlson & Rauth in the nottoexceed amount
of $210,000 for Fiscal Year 2021/22 Community Facilities District Formation
Counsel Services.
10.7 Cooperative Agreement for Line A, J and N Storm Drain for Audie Murphy Ranch
Development by Sutter Mitland 01, LLC
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Cooperative Agreement
between Riverside County Flood Control and Water Conservation District, City
of Menifee, and Sutter Mitland 01, LLC for the construction, ownership,
operation and maintenance of the Salt Creek Audie Murphy Ranch Lines A, J,
and N Storm Drain.
10.8 Agreement with Copp Contracting Inc., for Rancho LaVita Resurfacing, CIP 2116
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute an OwnerContractor
Agreement with Copp Contracting Inc., for CIP 2116, Rancho LaVita
Resurfacing, in the amount of $799,364.75; and
2. Authorize the City Manager to execute change orders(s) for unanticipated
expenditures required to execute the construction of the project, in an amount
nottoexceed 10% of the contract amount or $79,936.47; and
3. Approve Budget Adjustment Resolution carrying forward CIP 2116 Rancho
LaVita Resurfacing Project budget from Fiscal Year 20202021 into the Fiscal
Year 20212022 budget; and
4. Authorize the City Manager to execute the Utility Relocation Agreement between
the City of Menifee and Eastern Municipal Water District for reimbursement of
costs related to the relocation of water facilities for Rancho LaVita Resurfacing,
CIP 2116, located north of McCall Blvd, between Sherman Road and Chatham
Lane.
11. PUBLIC HEARING ITEMS NONE
12. DISCUSSION ITEMS
12.1 Military Banner Program Policy No. CC30 Revision No. 1
RECOMMENDED ACTION
1. Review criteria for use of donations made to the Military Banner Program; and
2. Adopt the first revision to City Council Policy No. CC30, Military Banner
Program Policy.
12.2 League of California Cities Annual Conference Voting Delegate and Proposed
Resolutions
RECOMMENDED ACTION
1. Appoint a voting delegate to the League of California Cities Annual Conference
scheduled for September 22 – 24, 2021 in Sacramento and authorize the City
Clerk to complete and return the voting delegate/alternate form to the League of
California Cities; and
2. Discuss the proposed League of California Cities Resolutions and determine a
City position so that the voting delegate can represent the City at the League of
California Cities’ annual business meeting.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)
Target Date: September 2021
> Discuss Hunting Regulations Within the City (Zimmerman, December 2, 2020)
Target Date: September 2021
> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer,
February 17, 2021)
Target Date: TBD
> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)
Target Date: 2022
> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)
Target Date: September 2021
> County Ordinance No. 760 Report from Staff (Karwin, April 21, 2021)
Target Date: September 2021
> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021)
Target Date: TBD – following the RCTC feasibility study
> Menifee City Flag Program (Karwin, May 5, 2021)
Target Date: September 2021
> Report on Pet Licensing Fees and Animal Services (Dienes, May 19, 2021)
Target Date: TBD
> Krikorian Theater and Property Updates (Sobek, May 19, 2021)
Target Date: TBD
> Regional Transportation Plan Update (Sobek, July 7, 2021)
Target Date: TBD
> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021)
Target Date: TBD
16.ADJOURN
Decorum Policy Notes
For information on how to participate in the meeting, please visit the City’s webpage
at https://cityofmenifee.us/agendas. The Council anticipates and encourages public participation at its
Council meeting, both on agenda items and during the public comments period. Please turn your cell
phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage
participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution
of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at
(951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City
Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council August 18,2021
Page 3 of 345
City Council Chambers29844 Haun RoadMenifee, CA 92586Bill Zimmerman, MayorBob Karwin, District 1Matthew Liesemeyer, District 2Lesa Sobek, District 3Dean Deines, District 4 AGENDA Menifee City Council Regular Meeting AgendaWednesday, August 18, 20215:00 PM Closed Session6:00 PM Regular MeetingArmando G. Villa, City ManagerJeffrey T. Melching, City AttorneySarah A. Manwaring, City ClerkCLOSED SESSION (5:00 PM)1.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9BTS Sun City LLC Riverside County Superior Court Case No. MCC20004372.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9BTS Sun City LLCRiverside County Superior Court Case No. MCC20004443.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9BTS Sun City LLC Riverside County Superior Court Case No. MCC20004454.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9Pechanga Band of Luiseno Indians; and Soboba Band of Luiseno Indians v. City ofMenifeeRiverside County Superior Court Case No. CVRI2000531REGULAR MEETING (6:00 PM)1.CALL TO ORDER 2. ROLL CALL 3. WORDS OF INSPIRATION 3.1.Pastor Ryan Sharp Impact Church4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS 5.1.OpenGov Public Dashboard5.2.Community Services Department Update5.3.Business Spotlight – Sun City Florist and Gifts6.AGENDA APPROVAL OR MODIFICATIONS 7. PUBLIC COMMENTS (NONAGENDA ITEMS)This is the time for members of the public to address the Council about items which are NOT listed on theagenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendizedmatters at the time such comments are made. Each speaker will be limited to three minutes on anysingle item. Please sign up in person at the kiosk or online at https://cityofmenifee.us/agendas. 8. COUNCILMEMBER UPDATES AND COMMENTS 9. APPROVAL OF MINUTES 9.1 August 4, 2021 City Council Minutes10. CONSENT CALENDAR All matters on the Consent Calendar are to be approved in one motion unless a Councilmemberrequests a separate action on a specific item on the Consent Calendar. If an item is removed from theConsent Calendar, it will be discussed individually and acted upon separately.10.1 Waiver of ReadingRECOMMENDED ACTION1. Waive the reading in full of any and all Ordinances listed on this agenda andprovide that they be read by title only.10.2 Treasurer's Report, June 2021RECOMMENDED ACTION1. Approve the Treasurer’s Report for the month of June 2021.10.3 Treasurer's Report, July 2021RECOMMENDED ACTION1. Approve the Treasurer’s Report for the month of July 2021.10.4 Warrant RegisterRECOMMENDED ACTION1. Ratify and approve the Voucher List dated 7/30/2021, the Payroll Register/OtherEFT’s dated 7/23/2021, 7/26/2021, 7/27/2021, and the Void Check Listing PE7/31/2021 have a total budgetary impact of $8,424,367.52.10.5 Fiscal Year 21/22 PD Fleet Vehicles PurchaseRECOMMENDED ACTION1. Approve the purchase of nine vehicles from the State of California ContractVendor Wondries/National Auto Fleet Group based on the attached quotes for anottoexceed amount of $468,476.33 including tax and delivery, and usingthe Fund Account number 115491153155; and2. Allow the purchase be made under the cooperative purchasing (piggyback)agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6)with Sourcewell Contract# 120716NAF, thereby exempting the purchase underthe competitive bidding process; and3. Authorize the City Manager to execute the required documents.10.6 Fiscal Year 2021/22 Bonded CFDs Formation and Consulting Services AgreementsRECOMMENDED ACTION1. Approve and authorize the City Manager to execute professional servicesagreement with Urban Futures in the nottoexceed amount of $90,000 forFiscal Year 2021/22 Community Facilities District Formation Financial AdvisoryServices (Formation and Bond Sale); and2. Approve and authorize the City Manager to execute professional servicesagreement with Spicer Consulting Group in the nottoexceed amount of$250,000 for Fiscal Year 2021/22 Community Facilities District Special TaxConsultant Formation and Bond Sale Services; and3. Approve and authorize the City Manager to execute professional servicesagreement with Stradling, Yocca, Carlson & Rauth in the nottoexceed amountof $210,000 for Fiscal Year 2021/22 Community Facilities District Formation
Counsel Services.
10.7 Cooperative Agreement for Line A, J and N Storm Drain for Audie Murphy Ranch
Development by Sutter Mitland 01, LLC
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Cooperative Agreement
between Riverside County Flood Control and Water Conservation District, City
of Menifee, and Sutter Mitland 01, LLC for the construction, ownership,
operation and maintenance of the Salt Creek Audie Murphy Ranch Lines A, J,
and N Storm Drain.
10.8 Agreement with Copp Contracting Inc., for Rancho LaVita Resurfacing, CIP 2116
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute an OwnerContractor
Agreement with Copp Contracting Inc., for CIP 2116, Rancho LaVita
Resurfacing, in the amount of $799,364.75; and
2. Authorize the City Manager to execute change orders(s) for unanticipated
expenditures required to execute the construction of the project, in an amount
nottoexceed 10% of the contract amount or $79,936.47; and
3. Approve Budget Adjustment Resolution carrying forward CIP 2116 Rancho
LaVita Resurfacing Project budget from Fiscal Year 20202021 into the Fiscal
Year 20212022 budget; and
4. Authorize the City Manager to execute the Utility Relocation Agreement between
the City of Menifee and Eastern Municipal Water District for reimbursement of
costs related to the relocation of water facilities for Rancho LaVita Resurfacing,
CIP 2116, located north of McCall Blvd, between Sherman Road and Chatham
Lane.
11. PUBLIC HEARING ITEMS NONE
12. DISCUSSION ITEMS
12.1 Military Banner Program Policy No. CC30 Revision No. 1
RECOMMENDED ACTION
1. Review criteria for use of donations made to the Military Banner Program; and
2. Adopt the first revision to City Council Policy No. CC30, Military Banner
Program Policy.
12.2 League of California Cities Annual Conference Voting Delegate and Proposed
Resolutions
RECOMMENDED ACTION
1. Appoint a voting delegate to the League of California Cities Annual Conference
scheduled for September 22 – 24, 2021 in Sacramento and authorize the City
Clerk to complete and return the voting delegate/alternate form to the League of
California Cities; and
2. Discuss the proposed League of California Cities Resolutions and determine a
City position so that the voting delegate can represent the City at the League of
California Cities’ annual business meeting.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)
Target Date: September 2021
> Discuss Hunting Regulations Within the City (Zimmerman, December 2, 2020)
Target Date: September 2021
> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer,
February 17, 2021)
Target Date: TBD
> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)
Target Date: 2022
> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)
Target Date: September 2021
> County Ordinance No. 760 Report from Staff (Karwin, April 21, 2021)
Target Date: September 2021
> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021)
Target Date: TBD – following the RCTC feasibility study
> Menifee City Flag Program (Karwin, May 5, 2021)
Target Date: September 2021
> Report on Pet Licensing Fees and Animal Services (Dienes, May 19, 2021)
Target Date: TBD
> Krikorian Theater and Property Updates (Sobek, May 19, 2021)
Target Date: TBD
> Regional Transportation Plan Update (Sobek, July 7, 2021)
Target Date: TBD
> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021)
Target Date: TBD
16.ADJOURN
Decorum Policy Notes
For information on how to participate in the meeting, please visit the City’s webpage
at https://cityofmenifee.us/agendas. The Council anticipates and encourages public participation at its
Council meeting, both on agenda items and during the public comments period. Please turn your cell
phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage
participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution
of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at
(951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City
Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council August 18,2021
Page 4 of 345
City Council Chambers29844 Haun RoadMenifee, CA 92586Bill Zimmerman, MayorBob Karwin, District 1Matthew Liesemeyer, District 2Lesa Sobek, District 3Dean Deines, District 4 AGENDA Menifee City Council Regular Meeting AgendaWednesday, August 18, 20215:00 PM Closed Session6:00 PM Regular MeetingArmando G. Villa, City ManagerJeffrey T. Melching, City AttorneySarah A. Manwaring, City ClerkCLOSED SESSION (5:00 PM)1.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9BTS Sun City LLC Riverside County Superior Court Case No. MCC20004372.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9BTS Sun City LLCRiverside County Superior Court Case No. MCC20004443.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9BTS Sun City LLC Riverside County Superior Court Case No. MCC20004454.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9Pechanga Band of Luiseno Indians; and Soboba Band of Luiseno Indians v. City ofMenifeeRiverside County Superior Court Case No. CVRI2000531REGULAR MEETING (6:00 PM)1.CALL TO ORDER 2. ROLL CALL 3. WORDS OF INSPIRATION 3.1.Pastor Ryan Sharp Impact Church4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS 5.1.OpenGov Public Dashboard5.2.Community Services Department Update5.3.Business Spotlight – Sun City Florist and Gifts6.AGENDA APPROVAL OR MODIFICATIONS 7. PUBLIC COMMENTS (NONAGENDA ITEMS)This is the time for members of the public to address the Council about items which are NOT listed on theagenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendizedmatters at the time such comments are made. Each speaker will be limited to three minutes on anysingle item. Please sign up in person at the kiosk or online at https://cityofmenifee.us/agendas. 8. COUNCILMEMBER UPDATES AND COMMENTS 9. APPROVAL OF MINUTES 9.1 August 4, 2021 City Council Minutes10. CONSENT CALENDAR All matters on the Consent Calendar are to be approved in one motion unless a Councilmemberrequests a separate action on a specific item on the Consent Calendar. If an item is removed from theConsent Calendar, it will be discussed individually and acted upon separately.10.1 Waiver of ReadingRECOMMENDED ACTION1. Waive the reading in full of any and all Ordinances listed on this agenda andprovide that they be read by title only.10.2 Treasurer's Report, June 2021RECOMMENDED ACTION1. Approve the Treasurer’s Report for the month of June 2021.10.3 Treasurer's Report, July 2021RECOMMENDED ACTION1. Approve the Treasurer’s Report for the month of July 2021.10.4 Warrant RegisterRECOMMENDED ACTION1. Ratify and approve the Voucher List dated 7/30/2021, the Payroll Register/OtherEFT’s dated 7/23/2021, 7/26/2021, 7/27/2021, and the Void Check Listing PE7/31/2021 have a total budgetary impact of $8,424,367.52.10.5 Fiscal Year 21/22 PD Fleet Vehicles PurchaseRECOMMENDED ACTION1. Approve the purchase of nine vehicles from the State of California ContractVendor Wondries/National Auto Fleet Group based on the attached quotes for anottoexceed amount of $468,476.33 including tax and delivery, and usingthe Fund Account number 115491153155; and2. Allow the purchase be made under the cooperative purchasing (piggyback)agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6)with Sourcewell Contract# 120716NAF, thereby exempting the purchase underthe competitive bidding process; and3. Authorize the City Manager to execute the required documents.10.6 Fiscal Year 2021/22 Bonded CFDs Formation and Consulting Services AgreementsRECOMMENDED ACTION1. Approve and authorize the City Manager to execute professional servicesagreement with Urban Futures in the nottoexceed amount of $90,000 forFiscal Year 2021/22 Community Facilities District Formation Financial AdvisoryServices (Formation and Bond Sale); and2. Approve and authorize the City Manager to execute professional servicesagreement with Spicer Consulting Group in the nottoexceed amount of$250,000 for Fiscal Year 2021/22 Community Facilities District Special TaxConsultant Formation and Bond Sale Services; and3. Approve and authorize the City Manager to execute professional servicesagreement with Stradling, Yocca, Carlson & Rauth in the nottoexceed amountof $210,000 for Fiscal Year 2021/22 Community Facilities District FormationCounsel Services.10.7 Cooperative Agreement for Line A, J and N Storm Drain for Audie Murphy RanchDevelopment by Sutter Mitland 01, LLCRECOMMENDED ACTION1. Approve and authorize the City Manager to execute a Cooperative Agreementbetween Riverside County Flood Control and Water Conservation District, Cityof Menifee, and Sutter Mitland 01, LLC for the construction, ownership,operation and maintenance of the Salt Creek Audie Murphy Ranch Lines A, J,and N Storm Drain.10.8 Agreement with Copp Contracting Inc., for Rancho LaVita Resurfacing, CIP 2116RECOMMENDED ACTION1. Award bid and authorize the City Manager to execute an OwnerContractorAgreement with Copp Contracting Inc., for CIP 2116, Rancho LaVitaResurfacing, in the amount of $799,364.75; and2. Authorize the City Manager to execute change orders(s) for unanticipatedexpenditures required to execute the construction of the project, in an amountnottoexceed 10% of the contract amount or $79,936.47; and3. Approve Budget Adjustment Resolution carrying forward CIP 2116 RanchoLaVita Resurfacing Project budget from Fiscal Year 20202021 into the FiscalYear 20212022 budget; and4. Authorize the City Manager to execute the Utility Relocation Agreement betweenthe City of Menifee and Eastern Municipal Water District for reimbursement ofcosts related to the relocation of water facilities for Rancho LaVita Resurfacing,CIP 2116, located north of McCall Blvd, between Sherman Road and ChathamLane.11. PUBLIC HEARING ITEMS NONE 12. DISCUSSION ITEMS 12.1 Military Banner Program Policy No. CC30 Revision No. 1RECOMMENDED ACTION1. Review criteria for use of donations made to the Military Banner Program; and2. Adopt the first revision to City Council Policy No. CC30, Military BannerProgram Policy.12.2 League of California Cities Annual Conference Voting Delegate and ProposedResolutionsRECOMMENDED ACTION
1. Appoint a voting delegate to the League of California Cities Annual Conference
scheduled for September 22 – 24, 2021 in Sacramento and authorize the City
Clerk to complete and return the voting delegate/alternate form to the League of
California Cities; and
2. Discuss the proposed League of California Cities Resolutions and determine a
City position so that the voting delegate can represent the City at the League of
California Cities’ annual business meeting.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)
Target Date: September 2021
> Discuss Hunting Regulations Within the City (Zimmerman, December 2, 2020)
Target Date: September 2021
> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer,
February 17, 2021)
Target Date: TBD
> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)
Target Date: 2022
> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)
Target Date: September 2021
> County Ordinance No. 760 Report from Staff (Karwin, April 21, 2021)
Target Date: September 2021
> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021)
Target Date: TBD – following the RCTC feasibility study
> Menifee City Flag Program (Karwin, May 5, 2021)
Target Date: September 2021
> Report on Pet Licensing Fees and Animal Services (Dienes, May 19, 2021)
Target Date: TBD
> Krikorian Theater and Property Updates (Sobek, May 19, 2021)
Target Date: TBD
> Regional Transportation Plan Update (Sobek, July 7, 2021)
Target Date: TBD
> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021)
Target Date: TBD
16.ADJOURN
Decorum Policy Notes
For information on how to participate in the meeting, please visit the City’s webpage
at https://cityofmenifee.us/agendas. The Council anticipates and encourages public participation at its
Council meeting, both on agenda items and during the public comments period. Please turn your cell
phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage
participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution
of the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at
(951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City
Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council August 18,2021
Page 5 of 345
City Council Chambers29844 Haun RoadMenifee, CA 92586Bill Zimmerman, MayorBob Karwin, District 1Matthew Liesemeyer, District 2Lesa Sobek, District 3Dean Deines, District 4 AGENDA Menifee City Council Regular Meeting AgendaWednesday, August 18, 20215:00 PM Closed Session6:00 PM Regular MeetingArmando G. Villa, City ManagerJeffrey T. Melching, City AttorneySarah A. Manwaring, City ClerkCLOSED SESSION (5:00 PM)1.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9BTS Sun City LLC Riverside County Superior Court Case No. MCC20004372.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9BTS Sun City LLCRiverside County Superior Court Case No. MCC20004443.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9BTS Sun City LLC Riverside County Superior Court Case No. MCC20004454.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATIONGovernment Code Paragraph (1) of subdivision (d) of Section 54956.9Pechanga Band of Luiseno Indians; and Soboba Band of Luiseno Indians v. City ofMenifeeRiverside County Superior Court Case No. CVRI2000531REGULAR MEETING (6:00 PM)1.CALL TO ORDER 2. ROLL CALL 3. WORDS OF INSPIRATION 3.1.Pastor Ryan Sharp Impact Church4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS 5.1.OpenGov Public Dashboard5.2.Community Services Department Update5.3.Business Spotlight – Sun City Florist and Gifts6.AGENDA APPROVAL OR MODIFICATIONS 7. PUBLIC COMMENTS (NONAGENDA ITEMS)This is the time for members of the public to address the Council about items which are NOT listed on theagenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendizedmatters at the time such comments are made. Each speaker will be limited to three minutes on anysingle item. Please sign up in person at the kiosk or online at https://cityofmenifee.us/agendas. 8. COUNCILMEMBER UPDATES AND COMMENTS 9. APPROVAL OF MINUTES 9.1 August 4, 2021 City Council Minutes10. CONSENT CALENDAR All matters on the Consent Calendar are to be approved in one motion unless a Councilmemberrequests a separate action on a specific item on the Consent Calendar. If an item is removed from theConsent Calendar, it will be discussed individually and acted upon separately.10.1 Waiver of ReadingRECOMMENDED ACTION1. Waive the reading in full of any and all Ordinances listed on this agenda andprovide that they be read by title only.10.2 Treasurer's Report, June 2021RECOMMENDED ACTION1. Approve the Treasurer’s Report for the month of June 2021.10.3 Treasurer's Report, July 2021RECOMMENDED ACTION1. Approve the Treasurer’s Report for the month of July 2021.10.4 Warrant RegisterRECOMMENDED ACTION1. Ratify and approve the Voucher List dated 7/30/2021, the Payroll Register/OtherEFT’s dated 7/23/2021, 7/26/2021, 7/27/2021, and the Void Check Listing PE7/31/2021 have a total budgetary impact of $8,424,367.52.10.5 Fiscal Year 21/22 PD Fleet Vehicles PurchaseRECOMMENDED ACTION1. Approve the purchase of nine vehicles from the State of California ContractVendor Wondries/National Auto Fleet Group based on the attached quotes for anottoexceed amount of $468,476.33 including tax and delivery, and usingthe Fund Account number 115491153155; and2. Allow the purchase be made under the cooperative purchasing (piggyback)agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6)with Sourcewell Contract# 120716NAF, thereby exempting the purchase underthe competitive bidding process; and3. Authorize the City Manager to execute the required documents.10.6 Fiscal Year 2021/22 Bonded CFDs Formation and Consulting Services AgreementsRECOMMENDED ACTION1. Approve and authorize the City Manager to execute professional servicesagreement with Urban Futures in the nottoexceed amount of $90,000 forFiscal Year 2021/22 Community Facilities District Formation Financial AdvisoryServices (Formation and Bond Sale); and2. Approve and authorize the City Manager to execute professional servicesagreement with Spicer Consulting Group in the nottoexceed amount of$250,000 for Fiscal Year 2021/22 Community Facilities District Special TaxConsultant Formation and Bond Sale Services; and3. Approve and authorize the City Manager to execute professional servicesagreement with Stradling, Yocca, Carlson & Rauth in the nottoexceed amountof $210,000 for Fiscal Year 2021/22 Community Facilities District FormationCounsel Services.10.7 Cooperative Agreement for Line A, J and N Storm Drain for Audie Murphy RanchDevelopment by Sutter Mitland 01, LLCRECOMMENDED ACTION1. Approve and authorize the City Manager to execute a Cooperative Agreementbetween Riverside County Flood Control and Water Conservation District, Cityof Menifee, and Sutter Mitland 01, LLC for the construction, ownership,operation and maintenance of the Salt Creek Audie Murphy Ranch Lines A, J,and N Storm Drain.10.8 Agreement with Copp Contracting Inc., for Rancho LaVita Resurfacing, CIP 2116RECOMMENDED ACTION1. Award bid and authorize the City Manager to execute an OwnerContractorAgreement with Copp Contracting Inc., for CIP 2116, Rancho LaVitaResurfacing, in the amount of $799,364.75; and2. Authorize the City Manager to execute change orders(s) for unanticipatedexpenditures required to execute the construction of the project, in an amountnottoexceed 10% of the contract amount or $79,936.47; and3. Approve Budget Adjustment Resolution carrying forward CIP 2116 RanchoLaVita Resurfacing Project budget from Fiscal Year 20202021 into the FiscalYear 20212022 budget; and4. Authorize the City Manager to execute the Utility Relocation Agreement betweenthe City of Menifee and Eastern Municipal Water District for reimbursement ofcosts related to the relocation of water facilities for Rancho LaVita Resurfacing,CIP 2116, located north of McCall Blvd, between Sherman Road and ChathamLane.11. PUBLIC HEARING ITEMS NONE 12. DISCUSSION ITEMS 12.1 Military Banner Program Policy No. CC30 Revision No. 1RECOMMENDED ACTION1. Review criteria for use of donations made to the Military Banner Program; and2. Adopt the first revision to City Council Policy No. CC30, Military BannerProgram Policy.12.2 League of California Cities Annual Conference Voting Delegate and ProposedResolutionsRECOMMENDED ACTION1. Appoint a voting delegate to the League of California Cities Annual Conferencescheduled for September 22 – 24, 2021 in Sacramento and authorize the CityClerk to complete and return the voting delegate/alternate form to the League ofCalifornia Cities; and2. Discuss the proposed League of California Cities Resolutions and determine aCity position so that the voting delegate can represent the City at the League ofCalifornia Cities’ annual business meeting.13. CITY ATTORNEY REPORTS 14. CITY MANAGER REPORTS 15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS > Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)Target Date: September 2021> Discuss Hunting Regulations Within the City (Zimmerman, December 2, 2020)Target Date: September 2021> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer,February 17, 2021)Target Date: TBD> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)Target Date: 2022> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)Target Date: September 2021> County Ordinance No. 760 Report from Staff (Karwin, April 21, 2021)Target Date: September 2021> Menifee Bus Route Feasibility Study (Karwin, May 5, 2021)Target Date: TBD – following the RCTC feasibility study> Menifee City Flag Program (Karwin, May 5, 2021)Target Date: September 2021> Report on Pet Licensing Fees and Animal Services (Dienes, May 19, 2021)Target Date: TBD> Krikorian Theater and Property Updates (Sobek, May 19, 2021)Target Date: TBD> Regional Transportation Plan Update (Sobek, July 7, 2021)Target Date: TBD> Update on Development East of the City and Traffic Concerns (Sobek, July 7, 2021)Target Date: TBD16.ADJOURN Decorum Policy NotesFor information on how to participate in the meeting, please visit the City’s webpageathttps://cityofmenifee.us/agendas. The Council anticipates and encourages public participation at itsCouncil meeting, both on agenda items and during the public comments period. Please turn your cellphones off, refrain from talking in the audience or outbursts that may be disruptive. We encourageparticipation and ask for a mutual respect for the proceedings.Staff ReportsMaterials related to an item on this agenda, including those submitted to the City Council after distributionof the agenda packet, are available for public inspection by contacting Sarah Manwaring, City Clerk, at
(951) 6726777 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Sarah Manwaring, City
Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council August 18,2021
Page 6 of 345
Menifee Mayor and City Council August 4, 2021
Page 1 of 8
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Matthew Liesemeyer, District 2
Lesa Sobek, District 3
Dean Deines, District 4
MINUTES
Menifee City Council
Regular Meeting Minutes
Wednesday, August 04, 2021
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Sarah A. Manwaring, City Clerk
REGULAR MEETING (6:00 PM)
1.CALL TO ORDER
Mayor Zimmerman called the meeting to order at 6:01 PM.
2.ROLL CALL
Present: Dean Deines, Bob Karwin, Matthew Liesemeyer, Lesa Sobek, Bill Zimmerman
Absent: None
3.WORDS OF INSPIRATION
3.1 Dr. Edward Paul Gervais, Minister – New Thought Christian
4.PLEDGE OF ALLEGIANCE
Jason White, Menifee Chamber of Commerce Board Member, led the flag salute.
5.PRESENTATIONS – NONE
6.AGENDA APPROVAL OR MODIFICATIONS
The agenda was approved unanimously (5-0) with no modifications.
7.PUBLIC COMMENTS (NONAGENDA ITEMS)
Don Vesey thanked the City Council for modifying the priority level of the future traffic
signal located at Goetz Road and Vista Way and discussed his concerns for the
intersection.
8.COUNCILMEMBER UPDATES AND COMMENTS
Councilmember Karwin reported on the meetings and events he attended.
Item Title:9.1 August 4,2021 City Council Minutes
Item Page Number:1
Menifee Mayor and City Council August 18,2021
Page 7 of 345
Menifee Mayor and City Council August 4, 2021
Page 2 of 8
Menifee’s National Night Out
Rotary Club Meeting at Well Quest
Visit to Linden Facility in Murrieta
Meeting with Senator Rosilicie Ochoa Bogh
Councilmember Karwin asked if staff could arrange for a representative from Krikorian
to come to a future meeting to provide an update.
Councilmember Liesemeyer reported on the meeting and event he attended.
Menifee’s National Night Out
Western Riverside Council of Governments (WRCOG) Meeting
Councilmember Deines reported on the meeting and event he attended.
Menifee’s National Night Out
Riverside Transit Agency (RTA) Board Meeting
Mayor Pro Tem Sobek reported on the meeting and event she attended.
Menifee’s National Night Out
Riverside County Habitat Conservation Authority (RCHCA) Meeting with National Fish
and Wildlife Service
Mayor Pro Tem Sobek stated the Centennial Park Lighting Ceremony would take place
on Friday, August 6, 2021. She also congratulated Michael Cano for becoming a National
Commander with Veterans of Foreign War (VFW), and stated VFW Post 1956 was recognized
during the VFW National Convention.
Mayor Zimmerman reported on the meetings and events he attended.
Menifee Chamber of Commerce Board Meeting
Rotary Club Meeting at Well Quest
Menifee’s Moonlight Market
Menifee History Museum Reopening
Menifee’s National Night Out
Mayor Zimmerman stated he would be attending the Parks, Recreation, and Trails
Commission (PRTC) Meeting on August 5, 2021, to present the Parks Make Life Better
Proclamation to the Commission.
9.APPROVAL OF MINUTES
9.1 July 21, 2021 City Council Minutes
The minutes were approved unanimously (5-0) with no modifications.
10.CONSENT CALENDAR
Mayor Pro Tem Sobek requested to pull Item No. 10.2. Councilmember Liesemeyer
requested to pull Item No. 10.10.
Item Title:9.1 August 4,2021 City Council Minutes
Item Page Number:2
Menifee Mayor and City Council August 18,2021
Page 8 of 345
Menifee Mayor and City Council August 4, 2021
Page 3 of 8
AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
The balance of the consent calendar was approved by the following vote.
MOVER: Matthew Liesemeyer
SECONDER: Lesa Sobek
AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
10.1 Waiver of Reading
ACTION
1.Waived the reading in full of any and all Ordinances listed on this agenda and
provided that they be read by title only.
10.2 Warrant Register
Mayor Pro Tem Sobek inquired about funds related to Evan’s Pump Track.
Community Services Director Jonathan Nicks explained those funds were for the
pump track design engineering.
ACTION
1.Ratified and approved the Voucher Lists dated 7/16/2021, the Payroll
Register/Other EFT’s dated 7/06/2021, 7/08/2021, and 7/09/2021, which have a total
budgetary impact of $3,719,558.59.
MOVER: Lesa Sobek
SECONDER: Dean Deines
10.3 Agreement for Menifee Redistricting 2021/22 Process
ACTION
1.Approved and authorized the City Manager or his designee to execute a
Professional Services Agreement with Bear Demographics & Research in an
amount not-to-exceed $64,000 for City of Menifee fiscal year 2021/22 redistricting
project.
10.4 Agreement with County of Riverside for Space Use and Provision of County's
Workforce Development Services
ACTION
1.Approved and authorized the City Manager to execute the Memorandum of
Understanding with the County of Riverside for Space Use (Kay Ceniceros Senior
Center) and Provision of County's Workforce Development Services at the
Temporary Menifee Employment Center.
Item Title:9.1 August 4,2021 City Council Minutes
Item Page Number:3
Menifee Mayor and City Council August 18,2021
Page 9 of 345
Menifee Mayor and City Council August 4, 2021
Page 4 of 8
10.5 Agreement with JPW Communications, LLC for Menifee Matters Magazine
ACTION
1.Approved and authorized the City Manager or his designee to execute a
professional services agreement with JPW Communications, LLC in an amount
not-to-exceed $49,700 for fiscal year 2021/22 Menifee Matters development and
publication services.
10.6 Agreement with Pinnacle Training Systems for Wellness Program for Police
Department
ACTION
1.Approved and authorized the City Manager to execute a professional services
agreement in an amount not-to-exceed $60,126.10 with Pinnacle Training Systems
for Menifee Police Department Wellness Program for fiscal years 2020/21 and
2021/22; and
2.Authorized the City Manager to execute three additional one-year amendments, at
the City’s discretion, in the not-to-exceed annual amount of $43,000 per year.
10.7 Audio/Visual Upgrades to Equipment and Broadcast System for Council Chambers
ACTION
1.Updated the Fiscal Year 2021/22 Capital Improvement Program (CIP) to include
CIP No. 22-05: Council Chambers Audio Visual (AV) Improvements; and
2.Approved and authorized the City Manager to execute a Professional Services
Agreement with Pacific West Sound in the not-to-exceed amount of $139,483.89
for Menifee City Hall Council Chamber Audio Visual (AV) Improvements; and
3.Approved the purchase of an AV switcher from TV Pro Gear/IPTV International,
Inc. and authorized the Finance Department to issue a Purchase Order (PO) in the
not-to-exceed amount of $49,995.00, including taxes.
10.8 Vehicle Leases for Community Services Maintenance Division
ACTION
1.Approved and authorized the City Manager to replace the previously approved
lease quotes and sign new Enterprise Lease Quotes for two vehicles in the not-to-
exceed amount of $1,500 per month and subsequently execute the Vehicle Lease
Agreement with Enterprise Fleet Management to secure vehicles for the use by the
Community Services Department effective August 1, 2021; and
2.Authorized the City Manager to sign replacement quotes for two vehicles in an
amount not-to-exceed $1,500 per month in the event the vehicles specified in the
staff report are unavailable; and
3.Allowed the purchase to be made under the cooperative purchasing (piggyback)
agreement under Sourcewell Contract #060618-EFM, thereby exempting the
purchase under the competitive bidding process.
10.9 Permanent Local Housing Allocation Grant Program
ACTION
1.Accepted the 2020 Permanent Local Housing Allocation (PLHA) grant funds from
the California Department of Housing and Community Development (HCD) in the
Item Title:9.1 August 4,2021 City Council Minutes
Item Page Number:4
Menifee Mayor and City Council August 18,2021
Page 10 of 345
Menifee Mayor and City Council August 4, 2021
Page 5 of 8
AYES: Deines, Karwin, Sobek, Zimmerman
NAYS: Liesemeyer
RECUSE: None
amount of $251,604 for the Menifee First Time Homebuyer's Down Payment
Assistance Program; and
2.Authorized the City Manager to execute all necessary agreements, amendments,
and related documents to receive the 2020 PHLA grant funds; and
3.Adopted Resolution No. 2021-1055, authorizing an increase in revenue and
appropriation of expenditures in the amount of $251,604 to accounts identified by
the Finance Department.
10.10 Agreements for Freedom Business Park
Councilmember Liesemeyer asked for a report from staff. Community
Development Director Cheryl Kitzerow provided a presentation. Councilmember
Liesemeyer inquired about the City requirements for technical studies and pass
through fees.
Mayor Pro Tem Sobek and Councilmember Liesemeyer inquired about contingency
amounts.
Councilmember Liesemeyer stated he was not in favor of a 10% contingency on
administrative costs.
ACTION
1.Approved and authorized the City Manager to execute the Developer
Reimbursement Agreement between the City of Menifee and Oak Properties, Inc.
related to the Freedom Business Park Project, located along the east side of Haun
Road, north of Scott Road, for CEQA Technical Study Peer Reviews and Initial
Study/Mitigated Negative Declaration; and
2.Adopted Resolution No. 21-1057, appropriating $53,169 from available fund balance
to Account #100-4330-52825 (Professional Services (Recoverable)); and
3.Approved and authorized the City Manager to execute a Professional Services
Agreement with LSA Associates, Inc. in the amount of $48,335, with a 10%
contingency amount of $4,833.50 for a total not-to-exceed amount of $53,168.50,
for CEQA Technical Study Peer Reviews of Environmental Studies and Initial
Study/Mitigated Negative Declaration for the Freedom Business Park Project.
MOVER: Bill Zimmerman
SECONDER: Dean Deines
10.11 CalRecycle Grants Application Submittal Authorization
ACTION
1.Approved and authorized the City Manager or his designee to execute all
necessary agreements and other grant-related documents thereof to the
Department of Resources, Recycling, and Recovery (CalRecycle); and
2.Adopted Resolution No. 21-1056, authorizing the City of Menifee to submit
applications for eligible CalRecycle Grants.
Item Title:9.1 August 4,2021 City Council Minutes
Item Page Number:5
Menifee Mayor and City Council August 18,2021
Page 11 of 345
Menifee Mayor and City Council August 4, 2021
Page 6 of 8
10.12 Agreement Amendment No. 1 for TR Design Group, Inc. for Fire Station No. 68 Interior
Improvements, Capital Improvement Project (CIP) No. 21-03
ACTION
1.Approved Amendment No. 1 to Professional Services Agreement with TR Design
Group, Inc. for the Fire Station No. 68 Interior Improvements, CIP 21-03, providing
funding for additional services in the amount of $29,448.25; and
2.Authorized the City Manager to execute Amendment No. 1 to Professional Services
Agreement with TR Design Group, Inc.
10.13 Final Map and Agreements for Tract Map 36852, Del Oro Development by DR Horton
ACTION
1.Approved and authorized the City Manager to execute the Security Agreements for
Onsite Streets, Water and Sewer Systems to guarantee completion of required
improvements associated with Tract 36852, located at the southwest corner of
Holland Road and Palomar Road; and
2.Approved and authorized the City Manager to execute the Security Agreements for
Offsite Streets, Drainage, Water and Sewer Systems to guarantee completion of
required improvements associated with Tract 36852; and
3.Approved and authorized the City Manager to execute a Security Agreement for
Placement of Monuments for Tract 36852; and
4.Approved and authorized filing of the final map for Tract 36852.
10.14 Final Map and Agreements for Tract Map 29835-3, KB Home Coastal Inc.
ACTION
1.Approved and authorized the City Manager to execute a Security Agreement for
Street Improvements to guarantee completion of required improvements for IP 19-
003 associated with Tract 29835-3, located at Antelope Road and Rouse Road;
and
2.Approved and authorized the City Manager to execute a Security Agreement for
Placement of Monuments for Tract 29835-3; and
3.Approved and Authorized filing of the final map for Tract 29835-3, KB Home
Coastal Inc.
11.PUBLIC HEARING ITEMS – NONE
12.DISCUSSION ITEMS
12.1 Public, Educational, and Governmental (PEG) Access Channel Updates and
Partnerships
City Manager Armando Villa introduced Public Information Officer (PIO) Dominique
Samario and IT Director Ron Puccinelli to present the report.
Ms. Samario and Mr. Puccinelli provided a presentation and reported on delivering
Council’s Strategic Visioning Plan; steps on getting to Menifee TV; Council Chambers
system remediation; vision for Menifee TV; foundation and funding; options for
achieving Menifee TV; partnership opportunities; desired outcome; and staff’s
recommendation.
Item Title:9.1 August 4,2021 City Council Minutes
Item Page Number:6
Menifee Mayor and City Council August 18,2021
Page 12 of 345
Menifee Mayor and City Council August 4, 2021
Page 7 of 8
AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
The City Council asked questions of staff regarding unused PEG funds; community
outreach and the comprehensive communications plan; cable and streaming service
use within the City; ongoing and future fiscal impacts; employment; modern
comparison on established PEG channels; use of Mt. San Jacinto College’s (MSJC)
current channel; and available use of PEG funds.
City Attorney Jeffrey Melching provided an explanation on California’s Digital
Infrastructure and Video Competition Act of 2006 (DIVCA) and Mr. Villa provided an
explanation regarding the purpose of PEG channels.
Karin Marriott, Director of Public Information, Marketing and Strategic
Communications with MSJC, explained how MSJC’s PEG channel works, student
growth, funding, and future partnership with the City.
Mayor Zimmerman stated the reasons he was in favor of moving forward with a City
PEG channel and partnering with MSJC.
Mayor Pro Tem Sobek stated she was in favor of moving forward, and would like the
City to conduct a community outreach survey on use of cable providers within the
City.
Councilmember Deines stated he was in favor of moving forward.
Councilmember Karwin and Liesemeyer stated the reasons they were in favor of
moving forward and stated they want to make sure staff was planning for the
future and outlook of cable service providers.
ACTION
1.Authorized staff to engage in the further development of a public, educational, and
governmental (PEG) access channel programming partnership with Mt. San Jacinto
College, and
2.Authorized staff to engage in the further development of a PEG access channel
programming partnership with the County of Riverside, and
3.Authorized staff to initiate measures to create a City of Menifee governmental access
channel.
MOVER: Dean Deines
SECONDER: Lesa Sobek
12.2 Public Safety Reporting
City Manager Armando Villa reported on the history of the item and introduced Senior
Management Analyst Imelda Huerta to present the item. Ms. Huerta provided a
presentation and reported on the background of the item and past public safety
reports.
Ms. Huerta provided a draft public safety purpose and intention statement and asked
for the Council’s feedback.
Item Title:9.1 August 4,2021 City Council Minutes
Item Page Number:7
Menifee Mayor and City Council August 18,2021
Page 13 of 345
Menifee Mayor and City Council August 4, 2021
Page 8 of 8
The City Council provided consensus to add “and trends” after the word “indicators”
and “in our ongoing effort to becoming one of the safest cities” after the word
“transparency.”
Ms. Huerta continued her presentation and reported on the considerations for Council
to look at such as staff time and outside agencies and she also discussed reporting
alternatives and options.
The City Council discussed options for how to receive department reports.
Mayor Pro Tem Sobek requested biannual reports from the Public Works and
Engineering Departments. Public Works Director Nick Fidler stated staff could provide
a biannual report in addition to the Capital Improvement Program fiscal year and
midyear reports.
The City Council provided direction to staff to return to City Council with a Resolution
formalizing Council’s request for quarterly oral reports at alternating City Council
meetings from the Menifee Police Department and CalFire and to have monthly trend
updates from the departments on the agenda, under the Consent Calendar, as a
receive and file item.
13.CITY ATTORNEY REPORTS
There was no City Attorney report.
City Clerk Sarah Manwaring clarified that the vote for Item No. 10.10 was 4-1, with
Councilmember Liesemeyer voting no.
14.CITY MANAGER REPORTS
City Manager Armando Villa announced that the City’s Public Information Officer Dominique
Samario would be leaving the City of Menifee and the City would be recruiting to the fill the
postilion.
15.FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
None.
16.ADJOURN
Mayor Zimmerman adjourned the meeting at 7:55 PM.
Sarah A. Manwaring, MMC
City Clerk
Item Title:9.1 August 4,2021 City Council Minutes
Item Page Number:8
Menifee Mayor and City Council August 18,2021
Page 14 of 345
CITY OF MENIFEE
SUBJECT: Treasurer's Report, June 2021
MEETING DATE: August 18, 2021
TO: Mayor and City Council
PREPARED BY: Wendy Preece, Deputy Finance Director
REVIEWED BY: Rochelle Clayton, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
Approve the Treasurer’s Report for the month of June 2021.
DISCUSSION
Attached is the Treasurer’s report for Cash and Investments for the month of June 2021.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
Treasurer's Report, June 30, 2021
Item Title:10.2 Treasurer's Report,June 2021
Item Page Number:1
Menifee Mayor and City Council August 18,2021
Page 15 of 345
PERCENTBEGINNING+(-)ENDING OF STATEDACCOUNTINSTITUTIONBALANCEDEPOSITSWITHDRAWALSBALANCEMARKET VALUE CITY CASH RATE
CHECKING UNION BANK OF CA $36,599,973.55 $17,753,126.60 $(34,246,006.27) $20,107,093.88 $20,107,093.88 57.19%0.00%SAVINGS UNION BANK OF CA 15,020,374.10 688.38 0.00 15,021,062.48 15,021,062.48 42.73%0.05%ASSET FORFEITURE UNION BANK OF CA 9,108.58 0.47 8,613.00 17,722.05 17,722.05 0.05%0.05%
PETTY CASH CASH ON HAND 9,600.00 0.00 0.00 9,600.00 9,600.00 0.00%0.00%
TOTAL CITY CASH $51,639,056.23 $17,753,815.45 $(34,237,393.27) $35,155,478.41 $35,155,478.41 99.97%
(-)+WITHDRAWALS/PERCENTBEGINNINGDEPOSITS/SALES/ENDING OF STATED ISSUER BALANCE PURCHASES MATURITIES BALANCE MARKET VALUE PORTFOLIO RATE
LOCAL AGENCY INVESTMENT FUNDS 31,043,027.56$ -$ -$ 31,043,027.56$ 31,043,027.56$ 30.53%0.315%
US BANK-PIPER SANDLERFEDERAL FARM CREDIT BANKS -$ 8,977,500.00$ -$ 8,977,500.00$ 8,990,120.00$ 8.83%0.725%FEDERAL HOME LOAN BANKS -$ 37,000,000.00$ -$ 37,000,000.00$ 36,952,050.00$ 36.39%0.751%US TREASURY -$ 20,502,500.00$ -$ 20,502,500.00$ 20,420,100.00$ 20.17%1.342%MONEY MARKET 40,000,000.00$ 27,000,013.12$ (66,530,803.24)$ 469,209.88$ 469,209.88$ 0.46%0.010%
TOTAL US BANK-PIPER SANDLER 40,000,000.00$ 93,480,013.12$ (66,530,803.24)$ 66,949,209.88$ 66,831,479.88$
UNION BANK-CHANDLER ASSET MGMTAGENCY FUNDS 1,587,760.38$ -$ -$ 1,587,760.38$ 1,619,413.25$ 1.56%1.666%(Avg.)US TREASURY 994,029.82$ -$ (21,730.16)$ 972,299.66$ 996,415.55$ 0.96%1.632%(Avg.)US CORPORATE 1,040,195.68$ 130,147.55$ (61,137.97)$ 1,109,205.26$ 1,127,951.74$ 1.09%1.865%(Avg.)MONEY MARKET 41,949.28$ 92,034.41$ (130,158.20)$ 3,825.49$ 3,825.49$ 0.00%0.030%(Avg.)
TOTAL UNION BANK-CHANDLER ASSET 3,663,935.16$ 222,181.96$ (213,026.33)$ 3,673,090.79$ 3,747,606.03$
TOTAL CITY INVESTMENTS 74,706,962.72$ 93,702,195.08$ (66,743,829.57)$ 101,665,328.23$ 101,622,113.47$ 100.00%
TOTAL INCREASE/(DECREASE)TOTAL CASH AND INVESTMENT=126,346,018.95$ 111,456,010.53$ (100,981,222.84)$ $136,820,806.64 *10,474,787.69$
CITY TREASURER'S REPORTCASH AND INVESTMENT PORTFOLIOAs of June 30, 2021
COST BASIS
CITY INVESTMENTS
CITY CASH
Item Title:10.2 Treasurer's Report,June 2021
Item Page Number:2
Menifee Mayor and City Council August 18,2021
Page 16 of 345
Committed Funds:Committed - Emergency Stabilization 4,938,958.00$
Committed - City Hall 750,000.00 5,688,958.00$
Assigned Funds:Assigned - Economic Uncertainty 4,938,958.00$ Assigned - Fire Safety 240,891.82
Assigned - PARSAC 75,000.00 Assigned - General Plan Update 446,580.83
Assigned - Central Park Amphitheatre 450,000.00 Assigned - Holland Road Overpass 671,614.00 Assigned - Bradley Bridge 223,872.00
Assigned - Encumbrances 18,070,064.64 25,116,981.29$
TOTAL COMMITTED AND ASSIGNED RESERVES:30,805,939.29$
Balance Available for Daily Operations General Fund:16,930,853.96
Balance Available for Daily Operations All Other Funds:89,084,013.39$
GRAND TOTAL:136,820,806.64$
In compliance with the California Code Section 53646, as the City Treasurer of the City of Menifee, I hereby certify that sufficient investment
liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months and that all investments
are in compliance with the City's adopted Investment Policy. I also certify that this report reflects all Government Agency pooled investments
and bank balances.
8/9/2021
Rochelle Clayton, City Treasurer Date
*This amount does not include Wilminton Trust TRIP Escrow funds in the amount of $17,433,737.51 that are held outside the City's funds.*This amount does not include Willington Trust Streetlights Escrow funds in the amount of $60,811.61 that are held outside the City's funds.
RESERVE BALANCES
Item Title:10.2 Treasurer's Report,June 2021
Item Page Number:3
Menifee Mayor and City Council August 18,2021
Page 17 of 345
CITY OF MENIFEE
SUBJECT: Treasurer's Report, July 2021
MEETING DATE: August 18, 2021
TO: Mayor and City Council
PREPARED BY: Wendy Preece, Deputy Finance Director
REVIEWED BY: Rochelle Clayton, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve the Treasurer’s Report for July 2021.
DISCUSSION
Attached is the Treasurer’s Report for Cash and Investments for the month July 2021.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Treasurer's Report, July 2021
Item Title:10.3 Treasurer's Report,July 2021
Item Page Number:1
Menifee Mayor and City Council August 18,2021
Page 18 of 345
PERCENTBEGINNING+(-)ENDING OF STATEDACCOUNTINSTITUTIONBALANCEDEPOSITSWITHDRAWALSBALANCEMARKET VALUE CITY CASH RATE
CHECKING UNION BANK OF CA $20,107,093.88 $16,767,893.20 $(27,880,092.92) $8,994,894.16 $8,994,894.16 30.97%0.00%SAVINGS UNION BANK OF CA 15,021,062.48 15,001,195.29 (10,000,000.00)20,022,257.77 20,022,257.77 68.94%0.05%ASSET FORFEITURE UNION BANK OF CA 17,722.05 0.72 0.00 17,722.77 17,722.77 0.06%0.05%
PETTY CASH CASH ON HAND 9,600.00 0.00 0.00 9,600.00 9,600.00 0.00%0.00%
TOTAL CITY CASH $35,155,478.41 $31,769,089.21 $(37,880,092.92) $29,044,474.70 $29,044,474.70 99.97%
(-)+WITHDRAWALS/PERCENTBEGINNINGDEPOSITS/SALES/ENDING OF STATED ISSUER BALANCE PURCHASES MATURITIES BALANCE MARKET VALUE PORTFOLIO RATE
LOCAL AGENCY INVESTMENT FUNDS 31,043,027.56$ 41,422.25$ -$ 31,084,449.81$ 31,084,449.81$ 30.56%0.262%
US BANK-PIPER SANDLERFEDERAL FARM CREDIT BANKS 8,977,500.00$ -$ -$ 8,977,500.00$ 9,009,230.00$ 8.83%0.725%FEDERAL HOME LOAN BANKS 37,000,000.00$ -$ -$ 37,000,000.00$ 37,042,030.00$ 36.38%0.750%US TREASURY 20,502,500.00$ -$ -$ 20,502,500.00$ 20,537,060.00$ 20.16%1.337%MONEY MARKET 469,209.88$ -$ (359.31)$ 468,850.57$ 468,850.57$ 0.46%0.010%
TOTAL US BANK-PIPER SANDLER 66,949,209.88$ -$ (359.31)$ 66,948,850.57$ 67,057,170.57$
UNION BANK-CHANDLER ASSET MGMTAGENCY FUNDS 1,587,760.38$ -$ (44,675.09)$ 1,543,085.29$ 1,578,323.75$ 1.52%1.688%(Avg.)US TREASURY 972,299.66$ -$ -$ 972,299.66$ 998,543.33$ 0.96%1.631%(Avg.)US CORPORATE 1,109,205.26$ 103,268.12$ (51,909.76)$ 1,160,563.62$ 1,180,749.26$ 1.14%12.364%(Avg.)MONEY MARKET 3,825.49$ 101,540.70$ (103,387.71)$ 1,978.48$ 1,978.48$ 0.00%0.030%(Avg.)
TOTAL UNION BANK-CHANDLER ASSET 3,673,090.79$ 204,808.82$ (199,972.56)$ 3,677,927.05$ 3,759,594.82$
TOTAL CITY INVESTMENTS 101,665,328.23$ 246,231.07$ (200,331.87)$ 101,711,227.43$ 101,901,215.20$ 100.00%
TOTAL INCREASE/(DECREASE)TOTAL CASH AND INVESTMENT=136,820,806.64$ 32,015,320.28$ (38,080,424.79)$ $130,755,702.13 *(6,065,104.51)$
CITY TREASURER'S REPORTCASH AND INVESTMENT PORTFOLIOAs of July 31, 2021
COST BASIS
CITY INVESTMENTS
CITY CASH
Item Title:10.3 Treasurer's Report,July 2021
Item Page Number:2
Menifee Mayor and City Council August 18,2021
Page 19 of 345
Committed Funds:Committed - Emergency Stabilization 6,892,510.00$
Committed - City Hall 750,000.00 7,642,510.00$
Assigned Funds:Assigned - Economic Uncertainty 6,892,510.00$ Assigned - Fire Safety 240,891.82
Assigned - PARSAC 75,000.00 Assigned - General Plan Update 750,762.70
Assigned - Central Park Amphitheatre 450,000.00 Assigned - Holland Road Overpass 671,614.00 Assigned - Bradley Bridge 223,872.00
Assigned - Encumbrances 21,139,222.82 30,443,873.34$
TOTAL COMMITTED AND ASSIGNED RESERVES:38,086,383.34$
Balance Available for Daily Operations General Fund:9,758,591.45
Balance Available for Daily Operations All Other Funds:82,910,727.34$
GRAND TOTAL:130,755,702.13$
In compliance with the California Code Section 53646, as the City Treasurer of the City of Menifee, I hereby certify that sufficient investment
liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months and that all investments
are in compliance with the City's adopted Investment Policy. I also certify that this report reflects all Government Agency pooled investments
and bank balances.
8/9/2021
Rochelle Clayton, City Treasurer Date
*This amount does not include Wilminton Trust TRIP Escrow funds in the amount of $17,433,737.51 that are held outside the City's funds.*This amount does not include Willington Trust Streetlights Escrow funds in the amount of $60,811.61 that are held outside the City's funds.
RESERVE BALANCES
Item Title:10.3 Treasurer's Report,July 2021
Item Page Number:3
Menifee Mayor and City Council August 18,2021
Page 20 of 345
CITY OF MENIFEE
SUBJECT: Warrant Register
MEETING DATE: August 18, 2021
TO: Mayor and City Council
PREPARED BY: Ann-Marie Etienne, Financial Services Manager
REVIEWED BY: Wendy Preece, Deputy Finance Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
Ratify and approve the Voucher List dated 7/30/2021, the Payroll Register/Other EFT’s dated
7/23/2021, 7/26/2021, 7/27/2021, and the Void Check Listing PE 7/31/2021 have a
total budgetary impact of $8,424,367.52.
DISCUSSION
The City of Menifee Municipal Code Chapter 3.16.050 requires that the City Council audit
payments of demands and directs the City Manager to issue checks. The attached Voucher List
and all corresponding invoices have been reviewed and approved for accuracy by the Financial
Services Manager and by the Deputy Finance Director. Voucher List dated 7/30/2021, the Payroll
Register/Other EFT’s dated 7/23/2021, 7/26/2021, 7/27/2021, and the Void Check Listing PE
7/31/2021 have a total budgetary impact of $8,424,367.52.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
As indicated above, Voucher List dated 7/30/2021, the Payroll Register/Other EFT’s dated
7/23/2021, 7/26/2021, 7/27/2021, and the Void Check Listing PE 7/31/2021 have a
total budgetary impact of $8,424,367.52, which is included in the FY 20/21 & FY 21/22 Budget.
Item Title:10.4 Warrant Register
Item Page Number:1
Menifee Mayor and City Council August 18,2021
Page 21 of 345
City of Menifee Staff Report
Warrant Register
August 18, 2021
Page 2 of 2
6
5
0
ATTACHMENTS
1. Voucher List dated 7/30/2021
2. Payroll Register/Other EFT’s dated 7/23/2021, 7/26/2021, and 7/27/2021
3. Void Check Listing PE 7/31/2021
Item Title:10.4 Warrant Register
Item Page Number:2
Menifee Mayor and City Council August 18,2021
Page 22 of 345
07/29/2021
Voucher List
City of Menifee
1
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49597 7/30/2021 00748 4IMPRINT, INC.9018006 PROMOTIONAL MATERIALS FOR CITY MANAGER'S 1,946.52
Total : 1,946.52
49598 7/30/2021 01438 ALTA LANGUAGE SERVICES, INC IS537746 EMPLOYEE BILINGUAL TEST 165.00
Total : 165.00
49599 7/30/2021 01252 AMAZON CAPITAL SERVICES, INC.11N3-NGG4-NFHQ P/W EQUIPMENT MAINTENANCE 173.95
53.70ENG DEPT OFFICE SUPPLIES13PY-NJNV-61P6
17.38COMM SVCS SUPPLIES143R-4R67-6TR7
85.90COMM SVCS SUPPLIES14KF-7KRX-CDTV
34.31MOVIES IN THE PARK SUPPLIES16JW-CYVL-9X3Y
122.46MENIFEE PD SUPPLIES171C-PKVY-3QJF
60.94P/W SMALL TOOLS & FIELD EQUIPMENT173G-C1GL-JVG4
52.09PLANNING DEPT OFFICE SUPPLIES177D-D3V9-J764
399.11IT SUPPLIES17V6-VWN9-G1RN
13.58P/W VEHICLE MAINTENANCE1C4F-JCWL-6H14
15.21SWEET TEAM SUPPLIES1CPT-KX1L-6R7R
260.90P/W SMALL TOOLS & FIELD EQUIPMENT1CWP-PLLK-M4Q1
433.40COMM SVCS SUPPLIES1FK3-KPT4-L4Y1
67.40COMM SVCS OFFICE SUPPLIES1FN9-XDND-CCNG
108.70COMM SVCS OFFICE SUPPLIES1FYX-RCDF-LGND
173.99P/W SMALL TOOLS & FIELD EQUIPMENT1JTK-H1WQ-6XRG
23.48FLEET SMALL TOOLS & FIELD EQUIPMENT1N7R-LW9T-CGWH
29.90COMM SVCS SUPPLIES1NL6-3M9M-161F
66.82COMM SVCS OFFICE SUPPLIES1PFW-CDCX-LP6L
13.04FAMILY CAMP OUT SUPPLIES1PGX-1CDF-46DN
217.49FAMILY CAMP OUT SUPPLIES1QMG-C6CQ-3CGT
34.69FAMILY CAMP OUT SUPPLIES1R3P-3YC6-RGDF
22.83FLEET MATERIALS & SUPPLIES1RNK-VDJ4-C3RG
108.74COMM SVCS EVENT SUPPLIES1TX3-LDHM-9Y9P
9.54COMM SVCS SUPPLIES1WPW-FFTK-VYY6
224.52ENG DEPT OFFICE SUPPLIES1XC6-GGKQ-9HPG
13.28PD VEHICLE MAINTENANCE1XPP-C7V6-9D1V
Total : 2,837.35
49600 7/30/2021 00123 AMBER MANAGEMENT, LLC AUG'21 AUG'21 CITY HALL MONTHLY RENT 46,134.04
1Page:
Item Title:10.4 Warrant Register
Item Page Number:3
Menifee Mayor and City Council August 18,2021
Page 23 of 345
07/29/2021
Voucher List
City of Menifee
2
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49600 7/30/2021 (Continued)00123 AMBER MANAGEMENT, LLC
29,431.16AUG'21 PD HEADQUARTERS MONTHLY RENTAUG'21
Total : 75,565.20
49601 7/30/2021 00258 AMERICAN FORENSIC NURSES, INC 74707 02554 JUN'21 MENIFEE PD FORENSIC SERVICES 415.00
02554 275.00JUN'21 MENIFEE PD FORENSIC SERVICES74708
Total : 690.00
49602 7/30/2021 01607 ARCHITERRA DESIGN GROUP 28337 02603 MAY'21 ON-CALL LANDSCAPE DESIGN AND INSP 6,125.00
02603 2,625.00JUN'21 ON-CALL LANDSCAPE DESIGN AND INSP28457
Total : 8,750.00
49603 7/30/2021 00915 BMW MOTORCYCLES OF RIVERSIDE 6027047/1 PD VEHICLE MAINTENANCE 521.24
1,369.83PD VEHICLE MAINTENANCE6027615/1
270.15PD VEHICLE MAINTENANCE6027616/1
Total : 2,161.22
49604 7/30/2021 01006 BUCKNAM INFRASTRUCTURE GROUP 339-09.07 02883 JUN'21 PAVEMENT MANAGEMENT PROGRAM SUPPO 11,364.68
Total : 11,364.68
49605 7/30/2021 01720 CG RESOURCE MANAGEMENT AND, ENGINEERING, INC.753 02613 20/21 ON-CALL RECOVERABLE STORMWATER MAN 405.00
02612 405.00FY 20/21 ON-CALL NON-RECOVERABLE ENGINEE754
Total : 810.00
49606 7/30/2021 01516 CN ENGINEERING, INC 02616-11 02616 MAY'21 ON-CALL ENGINEERING SVCS LAND DEV 1,350.00
02616 337.50JUN'21 ON-CALL RECOVERABLE ENGINEERING S02616-12
Total : 1,687.50
49607 7/30/2021 00453 DENNIS JANDA, INC.14760 02617 MAY'21 ON-CALL RECOVERABLE ENGINEERING S 11,510.00
02618 752.50MENIFEE PD SURVEYING14765
Total : 12,262.50
49608 7/30/2021 02075 DESIGN PATH STUDIOS 6 03005 JUN'21 PERMIT READY ADU UNIT PLANS AND G 7,450.00
Total : 7,450.00
49609 7/30/2021 00272 DIAMOND ENVIRONMENTAL SVC 0003300745 SANITATION SERVICES FOR INDEPENDENCE DAY 1,342.80
Total : 1,342.80
2Page:
Item Title:10.4 Warrant Register
Item Page Number:4
Menifee Mayor and City Council August 18,2021
Page 24 of 345
07/29/2021
Voucher List
City of Menifee
3
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49610 7/30/2021 01988 DIVERSIFIED DISTRIBUTION 2001388 PD VEHICLE MAINTENANCE 229.98
Total : 229.98
49611 7/30/2021 00731 ENTERPRISE FM TRUST FBN4252668 03367 JUL'21 MENIFEE PD & CS VEHICLE LEASES 5,283.87
Total : 5,283.87
49612 7/30/2021 00912 ENVIRONMENTAL SYSTEMS 94066445 03282 CITY OF MENIFEE: ESRI SMALL MUNICIPAL AN 55,000.00
Total : 55,000.00
49613 7/30/2021 00805 GARY F. HOYT LANDSCAPE CP-2439 02605 GARY HOYT- JAN'21 LANDSCAPE DESIGN & INS 3,905.00
02605 5,005.00GARY HOYT- FEB'21 LANDSCAPE DESIGN & INSCP-2440
02605 5,225.00GARY HOYT- MAR'21 LANDSCAPE DESIGN & INSCP-2441
02620 2,035.00JAN'21 ON-CALL RECOVERABLE ENG SVCS LANDCP-2443B
02620 3,355.00FEB'21 RECOVERABLE ON-CALL ENG SVCS LANDCP-2444B
02620 4,070.00MAR'21 ON-CALL RECOVERABLE ENGINEERING SCP-2446B
02620 4,125.00APR'21 ON-CALL RECOVERABLE ENGINEERING SCP-2447B
02605 5,390.00MAY'21 LANDSCAPE DESIGN & INSPECTION SVCCP-2448
Total : 33,110.00
49614 7/30/2021 01413 GOVERMENTJOBS.COM, INC., DBA NEOGOV INV-20544 03330 NEOGOV - INSIGHT AND GOVERNMENTJOBS.COM 5,267.48
03276 61,513.26SOFTWARE SERVICES FOR LEARN, PERFORM ANDINV-21781
Total : 66,780.74
49615 7/30/2021 02129 GRACIELA VERDUZCO 07/21/21 AUG'21 AUG'21 LEASE FOR POLICE SUBSTATION 2,030.00
Total : 2,030.00
49616 7/30/2021 01921 HARDY & HARPER, INC.22179 RET RETENTION FOR CIP 21-01 MURRIETA RD STRE 56,087.09
Total : 56,087.09
49617 7/30/2021 00599 HARRIS & ASSOCIATES, INC.47927 02622 FEB'21 ON CALL RECOVERABLE ENGINEERING S 999.25
Total : 999.25
49618 7/30/2021 01461 IK CONSULTING, LLC IK-MENIFEE0521BR1 03266 SOLAR APP CONFIGURATION / INTEGRATION 4,016.25
01656 1,350.00ACCELA CONFIGURATION CONSULTING SERVICESIK-MENIFEE0621A
337.50ACCELA CONFIGURATION CONSULTING SERVICESIK-MENIFEE0621B
Total : 5,703.75
49619 7/30/2021 02107 INLAND FOUNDATION ENGINEERING, INC.18571 CIP 16-13: P/W YARD CONCRETE TESTING 990.00
3Page:
Item Title:10.4 Warrant Register
Item Page Number:5
Menifee Mayor and City Council August 18,2021
Page 25 of 345
07/29/2021
Voucher List
City of Menifee
4
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 990.00 49619 7/30/2021 02107 02107 INLAND FOUNDATION ENGINEERING, INC.
49620 7/30/2021 01498 INNOVATIVE DOCUMENT SOLUTIONS, T36E 63021 03234 PLOTTER & INK FOR CS DEPARTMENT 7,775.63
Total : 7,775.63
49621 7/30/2021 01372 JLC ENGINEERING & CONSULTING 65098 02623 FY21/22 ON-CALL ENGINEERING SVCS LAND DE 21,750.00
Total : 21,750.00
49622 7/30/2021 01437 JPW COMMUNICATIONS, LLC 2098 03141 PROF SVCS FOR CITY OF MENIFEE PARKS AWAR 5,000.00
Total : 5,000.00
49623 7/30/2021 02029 KEYSTONE INDUSTRIAL MEDICINE 1105 02871 ON CALL/AS-NEEDED MEDICAL CONSULTATION 1,500.00
Total : 1,500.00
49624 7/30/2021 00840 KIMLEY-HORN AND ASSOCIATES, INC.094991009-0521 03004 MAY'21 PROF SVCS FOR MOTTE-RANCON DISTRI 3,370.00
03086 3,380.00MAY'21 PROF SVCS FOR INITIAL STUDY/METIG19058595
03161 12,995.00JUN'21 CIP 21-17 PEACOCK NEIGHBORHOOD RE19086941
Total : 19,745.00
49625 7/30/2021 00848 KOBATA ASSOCIATES, INC.11-2021 02610 MAY'21 ON-CALL LANDSCAPE DESIGN & INSPEC 6,962.50
Total : 6,962.50
49626 7/30/2021 00790 LEIGHTON CONSULTING, INC.45642 02882 MAY'21 CIP 20-12 ADAMS AVENUE STREET IMP 1,049.80
Total : 1,049.80
49627 7/30/2021 01871 LEXISNEXIS COPLOGIC, SOLUTIONS INC 807519-20210630 02648 LAW ENFORCEMENT AGREEMENT FOR MENIFEE PD 1,440.00
Total : 1,440.00
49628 7/30/2021 01567 LOZANO SMITH LLP 2140649 JUN'21 CITY LEGAL SVCS 302.50
Total : 302.50
49629 7/30/2021 00241 LSA ASSOCIATES INC 177713 02905 MAY'21 PROF SVCS FOR ENVIRONMENTAL CONSU 5,835.00
02905 6,246.29JUN'21 PROF SVCS FOR ENVIRONMENTAL CONSU178117
Total : 12,081.29
49630 7/30/2021 01031 MENIFEE VALLEY TAEKWONDO ACADE CK REQ 7/20 COMM SVCS INSTRUCTOR PAYMENT 330.40
Total : 330.40
4Page:
Item Title:10.4 Warrant Register
Item Page Number:6
Menifee Mayor and City Council August 18,2021
Page 26 of 345
07/29/2021
Voucher List
City of Menifee
5
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49631 7/30/2021 01432 MERRIMAN'S INC 033121-BYLES 03166 MINOR HOME REHABILITATION GRANT PROGRAM 22,635.00
Total : 22,635.00
49632 7/30/2021 01655 MPA, INC 942 03085 FY 20/21 PROFESSIONAL BACKGROUND INVESTI 1,500.00
Total : 1,500.00
49633 7/30/2021 01514 MULLIN360 LLC 40 02864 MAY'21 REAL ESTATE CONSULTANT SERVICES- 10,000.00
Total : 10,000.00
49634 7/30/2021 01388 NATIONAL BUSINESS FURNITURE MK562730-FLS 03208 SEATING FOR KC CENTER 1,831.05
Total : 1,831.05
49635 7/30/2021 01095 NATIONAL DATA & SURVEYING, SVC 21-040072 TRAFFIC DATA COLLECTION 550.00
Total : 550.00
49636 7/30/2021 02082 OPTIMA RPM, INC 5000395 03099 JUN'21 CIP 19-16 LAZY CREEK RECREATION C 70,864.30
Total : 70,864.30
49637 7/30/2021 01160 PAYPRO ADMINISTRATORS PPC-214707 JUN'21 COBRA INSURANCE 60.00
Total : 60.00
49638 7/30/2021 00822 PCR SERVICES CORPORATION 164558 MAY'21 ON-CALL PLANNING ENVIRONMENTAL RE 4,515.00
02611
Total : 4,515.00
49639 7/30/2021 00938 PETTIT 15180 02626 APR-JUN'21 RECOVERABLE ON-CALL ENGINEERI 14,280.00
Total : 14,280.00
49640 7/30/2021 00346 PLACEWORKS, INC.75812 03251 JUN'21 PROF SVCS AGREEMENT FOR QUAIL HIL 1,915.06
Total : 1,915.06
49641 7/30/2021 01905 PRIME GOVERNMENT SOLUTION INC, PRIMEGOVPG-000006SI 03305 FY 21/22 SOFTWARE SERVICES AGREEMENT 27,750.00
Total : 27,750.00
49642 7/30/2021 01212 R.J. NOBLE COMPANY 195226 P/W MATERIALS & SUPPLIES 151.54
107.58P/W MATERIALS & SUPPLIES195578
Total : 259.12
5Page:
Item Title:10.4 Warrant Register
Item Page Number:7
Menifee Mayor and City Council August 18,2021
Page 27 of 345
07/29/2021
Voucher List
City of Menifee
6
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49643 7/30/2021 01989 RADEECAL, INC INV-1410 03073 DUI TRAILER WRAP 4,999.38
Total : 4,999.38
49644 7/30/2021 00421 RBF/MICHAEL BAKER CORPORATION 1121125 03175 JUN'21 PROF SVCS FOR CDBG & CDBG-CV (COR 2,625.00
02722 6,213.00JUN'21 PROFESSIONAL SERVICES AGT FOR NEW1121463
Total : 8,838.00
49645 7/30/2021 01457 RICK ENGINEERING 18395C(7)02739 MAR'21 CIP 21-09: MURRIETA & SUN CITY BL 2,107.50
Total : 2,107.50
49646 7/30/2021 00360 RIVERSIDE COUNTY, INFORMATION TECHNOLOGYIT0000004892 03237 FY20/21 MAINTENANCE SERVICES AGREEMENT 2,047.83
Total : 2,047.83
49647 7/30/2021 00242 RIVERSIDE COUNTY, TLMA ADMINISTRATION TL0000015898 TRAFFIC SIGNAL INSPECTION 89.09
427.89TRAFFIC SIGNAL INSPECTIONTL0000015899
89.09TRAFFIC SIGNAL INSPECTIONTL0000015900
332.70TRAFFIC SIGNAL INSPECTIONTL0000015901
Total : 938.77
49648 7/30/2021 00962 RUTAN & TUCKER, LLP 900222 APR'21 CITY LEGAL SVCS 615.00
299.00APR'21 CITY LEGAL SVCS900410
3,765.06APR'21 CITY LEGAL SVCS900411
2,116.00APR'21 CITY LEGAL SVCS900412
1,470.00APR'21 CITY LEGAL SVCS900413
214.50MAY'21 CITY LEGAL SVCS900966
1,107.00MAY'21 CITY LEGAL SVCS900969
161.00MAY'21 CITY LEGAL SVCS900970
1,725.00MAY'21 CITY LEGAL SVCS900971
412.01MAY'21 CITY LEGAL SVCS900972
2,967.00MAY'21 CITY LEGAL SVCS900973
1,763.00MAY'21 CITY LEGAL SVCS900974
2,425.00APR'21 CITY LEGAL SVCS901087
368.00APR'21 CITY LEGAL SVCS901089
1,932.00MAY'21 CITY LEGAL SVCS901149
65.00MAY'21 CITY LEGAL SVCS901150
697.00JUN'21 CITY LEGAL SVCS901458
391.00JUN'21 CITY LEGAL SVCS901459
6Page:
Item Title:10.4 Warrant Register
Item Page Number:8
Menifee Mayor and City Council August 18,2021
Page 28 of 345
07/29/2021
Voucher List
City of Menifee
7
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49648 7/30/2021 (Continued)00962 RUTAN & TUCKER, LLP
2,323.00JUN'21 CITY LEGAL SVCS901460
115.00JUN'21 CITY LEGAL SVCS901461
3,772.00JUN'21 CITY LEGAL SVCS901462
2,990.00JUN'21 CITY LEGAL SVCS901463
545.51JUN'21 CITY LEGAL SVCS901464
Total : 32,238.08
49649 7/30/2021 00809 SAFEWAY SIGN COMPANY 15996 EI 02833 P/W SIGN MAINTENANCE & REPLACEMENT 4,671.05
Total : 4,671.05
49650 7/30/2021 00596 SATCOM DIRECT COMMUNICATIONS 7414538 JUN'21 EMERGENCY SATELLITE PHONE SVC 54.25
54.25JUN'21 EMERGENCY SATELLITE PHONE SVC7414539
54.25JUN'21 EMERGENCY SATELLITE PHONE SVC7414540
54.25JUN'21 EMERGENCY SATELLITE PHONE SVC7414541
54.25JUN'21 EMERGENCY SATELLITE PHONE SVC7414542
Total : 271.25
49651 7/30/2021 01892 SIEMENS MOBILITY INC 5620030371 03334 STREETLIGHT POLE KNOCKDOWN REPLACEMENT 6,768.36
03333 3,291.05STREETLIGHT POLE KNOCKDOWN REPLACEMENT5620031981
03332 3,369.35STREETLIGHT POLE KNOCKDOWN AND REPLACEME5620035047
Total : 13,428.76
49652 7/30/2021 01490 SKY TECHNOLOGY SOLUTIONS INC 1113 03277 NETWORK DROPS AT CITY HALL AND PD BUILDI 3,733.05
Total : 3,733.05
49653 7/30/2021 01845 SPEAKWRITE LLC E840DB60 03111 MENIFEE PD AS NEEDED DICTATION SERVICES 1,516.30
Total : 1,516.30
49654 7/30/2021 01283 STB CONSULTING INC SB-38 02631 MAY-JUN'21 ON-CALL RECOVERABLE ENGINEERI 1,145.00
Total : 1,145.00
49655 7/30/2021 00918 STEVE'S TOWING, INC.123989 PD VEHICLE TOW SVCS 260.00
270.00PD VEHICLE TOW SVCS125766
270.00PD VEHICLE TOW SVCS126082
270.00PD VEHICLE TOW SVCS126083
Total : 1,070.00
7Page:
Item Title:10.4 Warrant Register
Item Page Number:9
Menifee Mayor and City Council August 18,2021
Page 29 of 345
07/29/2021
Voucher List
City of Menifee
8
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49656 7/30/2021 01228 SUN LIFE FINANCIAL 935452 -AUG'21 AUG'21 INSURANCE PREMIUMS 29,895.47
Total : 29,895.47
49657 7/30/2021 00914 SWANK MOTION PICTURES, INC.BO 1814121 MOVIES IN THE PARK 665.00
1,330.00TWO MOVIE LICENSES FOR MOONLIGHT MARKETBO 1814906
435.00MOVIE LICENSE FOR FAMILY CAMP OUT EVENTBO 1814971
Total : 2,430.00
49658 7/30/2021 00899 T.Y. LIN INTERNATIONAL 102107115 02748 JUN'21 CIP 13-03: HOLLAND ROAD OVERPASS 6,890.10
Total : 6,890.10
49659 7/30/2021 01895 THE COUNSELING TEAM, INTERNATIONAL 78510 02824 MENIFEE PD: BEHAVIORAL HEALTH AND WELLNE 1,000.00
02824 1,000.00MENIFEE PD: BEHAVIORAL HEALTH AND WELLNE79488
Total : 2,000.00
49660 7/30/2021 01401 VERIZON WIRELESS INV23337003 MAY'21 VEHICLE GPS SERVICE 948.00
Total : 948.00
49661 7/30/2021 01378 VISIONARIES IMAGE COMPANY 0001162 02666 FY 2020/21 ON-CALL CITY OF MENIFEE VIDEO 6,000.00
Total : 6,000.00
49662 7/30/2021 00504 WALLACE & ASSOCIATES 21-06MENIFEE-16-13 02791 JUN'21 MAINTENANCE & OPERATIONS CENTER L 984.50
Total : 984.50
49663 7/30/2021 00298 WEX BANK 72776528 JUN'21 CITY VEHICLE FUEL & MAINT CHARGES 35,203.79
Total : 35,203.79
49664 7/30/2021 01198 WHITE HOUSE SANITATION 0001058703 JUL'21 LYLE MARSH PORTABLE RESTROOM SVCS 176.34
Total : 176.34
49665 7/30/2021 00143 WRCRCA CK REQ 7/16 JUN 2021 - MSHCP FEES 6,133,002.64
Total : 6,133,002.64
49666 7/30/2021 01859 2 HOT ACTIVEWEAR & UNIFORMS 2249 MENIFEE PD UNIFORMS 358.88
116.29MENIFEE PD UNIFORMS2278
535.00MENIFEE PD UNIFORMS2279
50.01MENIFEE PD UNIFORMS2299
8Page:
Item Title:10.4 Warrant Register
Item Page Number:10
Menifee Mayor and City Council August 18,2021
Page 30 of 345
07/29/2021
Voucher List
City of Menifee
9
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 1,060.18 49666 7/30/2021 01859 01859 2 HOT ACTIVEWEAR & UNIFORMS
49667 7/30/2021 00555 ADAME LANDSCAPING, INC.89004 02779 FY 20/21 IRRIGATION REPAIR SERVICES 135.00
580.00COMM SVCS IRRIGATION REPAIRS89006
Total : 715.00
49668 7/30/2021 01596 ALL STAR GLASS, INC.ITA087354 P/W VEHICLE MAINTENANCE 804.21
Total : 804.21
49669 7/30/2021 00744 ALLIED TRAFFIC & EQUIP. RENTAL 83549 PW SIGN MAINTENANCE & REPLACEMENT 967.88
114.19P/W SIGN MAINTENANCE & REPLACEMENT83596
598.13P/W SIGN MAINTENANCE & REPLACEMENT83632
679.69P/W SIGN MAINTENANCE & REPLACEMENT83633
Total : 2,359.89
49670 7/30/2021 00570 AMERICAN LEGAL PUBLISHING CORP 9469 MENIFEE CA CODE OR ORDINANCES JUN'21 S-1 29.42
333.83MENIFEE CA CODE OR ORDINANCES MAY-JUN'219565
Total : 363.25
49671 7/30/2021 01652 AMERICAN MEDICAL RESPONSE, AMBULANCE SERVICE, INC.255020 AMR SVCS FOR MOONLIGHT MARKET EVENT 580.00
Total : 580.00
49672 7/30/2021 01350 AMERIGAS PROPANE L.P.683249710 FIRESTATION #7 PROPANE SVCS 178.46
Total : 178.46
49673 7/30/2021 01948 APPLEONE EMPLOYMENT SERVICES 01-5963691 CITY CLERK TEMP EMP SVCS PE 6/19/21 1,020.80
612.48CITY CLERK TEMP EMP SVCS PE 6/30/2101-5973313
Total : 1,633.28
49674 7/30/2021 00679 AUTOZONE INC.4153200942 COMM SVCS SUPPLIES 85.26
26.25COMM SVCS SUPPLIES4153450664
55.26COMM SVCS SMALL TOOLS & FIELD EQUIPMENT4153461555
25.26FIRE VEHICLE MAINTENANCE4153512990
Total : 192.03
49675 7/30/2021 01746 BAY AREA DRIVING SCHOOL, INC CK REQ 7/20 COMM SVCS INSTRUCTOR PAYMENT 138.60
Total : 138.60
9Page:
Item Title:10.4 Warrant Register
Item Page Number:11
Menifee Mayor and City Council August 18,2021
Page 31 of 345
07/29/2021
Voucher List
City of Menifee
10
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49676 7/30/2021 01975 BIGFOOT GRAPHICS CK REQ 7/20 COMM SVCS INSTRUCTOR PAYMENT 64.50
Total : 64.50
49677 7/30/2021 00259 BIO-TOX LABORATORIES INC 41435 03102 JUN'21 PD BLOOD ALCOHOL ANALYSIS 435.00
03102 585.00JUN'21 PD BLOOD ALCOHOL ANALYSIS41517
Total : 1,020.00
49678 7/30/2021 01537 BLACKHAWK PROTECTION, INC 1626 SECURITY SERVICES FOR FAMILY CAMP OUT EV 219.60
Total : 219.60
49679 7/30/2021 01098 CAL TRUE VALUE Jun'21 COMM SVCS & P/W MATERIALS & SUPPLIES 2,628.88
Total : 2,628.88
49680 7/30/2021 01511 CANON FINANCIAL SERVICES, INC 27076400 02570 JUN'21 COPIER LEASE SERVICES 3,503.35
02571 44.60JUN'21 PRINTER LEASE SERVICES27076401
02573 273.65JUN'21 MENIFEE PD COPIER LEASE SERVICES27076402
02570 85.68JUN'21 COPIER LEASE SERVICES27076403
02845 50.51JUN'21 ADDITIONAL COPIER LEASE SERVICES27076404
Total : 3,957.79
49681 7/30/2021 01612 CAZCOM, INC 39643 03271 PD PORTABLE MOBILE RADIOS FOR VOLUNTEERS 34,044.87
Total : 34,044.87
49682 7/30/2021 00727 CMTA CK REQ 7/22 CMTA INVESTMENT POLICY CERTIFICATION 175.00
Total : 175.00
49683 7/30/2021 01699 CONCENTRA HEALTH SERVICES, INC 14935478 PRE-EMPLOYMENT TESTING SVCS 120.00
Total : 120.00
49684 7/30/2021 01243 COUNTY OF RIVERSIDE, AIRPORT, LAND USE COMMISSIONCK REQ 7/19 ALUC APPLICATION FEE 1,188.00
Total : 1,188.00
49685 7/30/2021 00680 COUNTY OF RIVERSIDE, LIBRARY DIVISION 2021-29 MENIFEE LIBRARY REIMB APR-JUN'21 22,259.69
Total : 22,259.69
49686 7/30/2021 01052 CRIME SCENE STERI-CLEAN LLC 42011 PD CRIME SCENE CLEAN UP SVCS 750.00
Total : 750.00
10Page:
Item Title:10.4 Warrant Register
Item Page Number:12
Menifee Mayor and City Council August 18,2021
Page 32 of 345
07/29/2021
Voucher List
City of Menifee
11
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49687 7/30/2021 00161 EASTERN MUNICIPAL WATER DIST.101923-02 5/20/21 APR'21 CSA 145 WATER SVCS 902.43
1,886.54JUN'21 CSA 145 WATER SVCS101923-02 6/18
366.85MAY'21 LLMD ZONE 3 WATER ZONE152572-03 6/3/21
407.85APR'21 LLMD ZONE 3 WATER SVCS181069-03 5/5/21
393.53MAY'21 LLMD ZONE 3 WATER SVCS181069-03 6/3/21
377.24MAY'21 LLMD ZONE 47 WATER SVCS214104-03 6/3/21
657.68APR'21 LLMD ZONE 69 WATER SVCS225996-03 5/6/21
1,037.15MAY'21 LLMD ZONE 69 WATER SVCS225996-03 6/4/21
752.40MAY'21 LLMD ZONE 77 WATER SVCS230227-03 6/4/21
401.04JUN'21 LLMD ZONE 3 WATER SVCS231135-03 6/18
425.70JUN'21 LLMD ZONE 3 WATER SVCS231149-03 6/18
761.48JUN'21 AMR SPORTS PARK IRRIGATION SVCS237538-02 6/18
458.43JUN'21 AMR ROW WATER SVCS238834-02 6/18
444.73JUN'21 AMR ROW WATER SVCS238836-02 6/18/21
1,190.16JUN'21 SPIRIT PARK WATER SVCS239155-02 6/18/21
4,312.94JUN'21 HIDDEN HILLS PARK WATER SVCS244910-02 6/18/21
435.02MAR'21 CITY HALL WATER SVCS246366-02 4/5/21
448.08APR'21 CITY HALL WATER SVCS246366-02 5/5/21
405.13MAY'21 CITY HALL WATER SVCS246366-02 6/3/21
433.27JUN'21 CITY HALL WATER SVCS246366-02 7/6/21
524.70JUN'21 AMR ROW WATER SVCS246855-02 7/6/21
917.38JUN'21 MAYFIELD PARK IRRIGATION SVCS247265-02 6/18/21
420.43MAY'21 AMR CREEK VIEW IRRIGATION WATER S247266-02 5/20/21
474.87JUN'21 AMR CREEK VIEW IRRIGATION WATER S247266-02 6/18/21
685.49JUN'21 AMR SILVERSTAR IRRIGATION WATER S248650-02 6/18/21
1,307.98JUN'21 CENTRAL PARK IRRIGATION SVCS250347-02 6/18/21
628.31JUN'21 TOWN CENTER WATER SVCS250354-01 6/18/21
861.21JUN'21 CENTENNIAL PARK IRRIGATION WATER252059-02 6/18/21
1,398.25JUN'21 CENTENNIAL PARK IRRIGATION WATER252060-02 6/18/21
354.09MAY'21 CSA 145 WATER SVCS35053-03 6/3/21
372.67JUN'21 CSA 145 WATER SVCS35053-03 7/6/21
1,947.00JUN'21 CSA 145 WATER SVCS35123-04 7/6/21
1,315.10JUN'21 LLMD ZONE 3 WATER SVCS71416-03 7/6/21
405.79JUN'21 CSA 33 WATER SVCS8792-03 7/8/21
7,260.14JUN'21 CSA 145 WATER SVCS95843-03 7/7/21
420.87JUN'21 LLMD ZONE 3 WATER SVCS96356-03 7/7/21
11Page:
Item Title:10.4 Warrant Register
Item Page Number:13
Menifee Mayor and City Council August 18,2021
Page 33 of 345
07/29/2021
Voucher List
City of Menifee
12
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 35,791.93 49687 7/30/2021 00161 00161 EASTERN MUNICIPAL WATER DIST.
49688 7/30/2021 00161 EASTERN MUNICIPAL WATER DIST.197480-04 7/6/21 JUN'21 LLMD ZONE 38 WATER SVCS 256.30
283.44APR'21 LLMD ZONE 38 WATER SVCS197482-04 5/5/21
223.88MAY'21 LLMD ZONE 38 WATER SVCS197482-04 6/3/21
224.43MAY'21 LLMD ZONE 38 WATER SVCS197483-04 6/3/21
234.43APR'21 LLMD ZONE 38 WATER SVCS197486-04 5/5/21
227.65MAY'21 LLMD ZONE 38 WATER SVCS197486-04 6/3/21
248.76JUN'21 LLMD ZONE 38 WATER SVCS197486-04 7/6/21
235.27JUN'21 LLMD ZONE 3 WATER SVCS231150-03 6/18
251.74APR'21 POLICE HEADQUARTERS WATER SVCS231916-02 5/5/21
226.49MAY'21 POLICE HEADQUARTERS WATER SVC231916-02 6/3/21
233.65JUN'21 POLICE HEADQUARTERS WATER SVC231916-02 7/6/21
311.46MAY'21 NEWPORT/HAUN STREET MEDIAN WATER234911-01 6/3/21
342.13JUN'21 HAUN RD WATER SVCS236550-01 6/18
229.30JUN'21 AMR SPORTS PARK WATER SVCS236607-02 7/7/21
348.83JUN'21 AMR ROW IRRIGATION SVCS238455-02 6/18
270.73MAY'21 AMR ROW WATER SVCS238835-02 5/20/21
244.71JUN'21 AMR ROW WATER SVCS238835-02 6/18/21
224.51JUN'21 TOWN CENTER ROW WATER SVCS240236-02 6/18/21
231.99JUN'21 TOWN CENTER ROW WATER SVCS240240-02 6/18/21
215.42MAY'21 FIRE STATION #7 WATER SVCS241469-01 6/3/21
333.37JUN'21 TOWN CENTER ROW WATER SVCS249510-02 6/18/21
271.83JUN'21 AMR ROW LANDSCAPING250955-03 6/21
274.13JUN'21 AMR ROW LANDSCAPING251794-02 6/18
311.26MAY'21 CFD 2015-2 ANNEXATION 28 ZONE 28255841-02 5/21
307.34JUN'21 CFD 2015-2 ANNEXATION 28 ZONE 28255841-02 6/21
311.26MAY'21 CFD 2015-2 ANNEXATION 28 ZONE 28255841-02 6/21
313.18APR'21 LLMD ZONE 3 WATER SVCS71998-03 5/7
349.79JUN'21 LLMD ZONE 3E WATER SVCS71998-03 7/8/21
297.60APR'21 WATER SVCS SENIOR CENTER81456-03 5/5/21
283.60MAY'21 WATER SVC SENIOR CENTER81456-03 6/3/21
285.45MAR-MAY'21 AIR GAP CONSTRUCTION WATER ME991307-01 5/24
241.00JUN'21 AIR GAP CONSTRUCTION WATER METER991307-01 6/30
243.84APR'21 P/W MOC WATER SVCS9926-02 5/5/21
224.88MAY'21 P/W MOC WATER SVCS9926-02 6/3/21
234.40JUN'21 P/W MOC WATER SVCS9926-02 7/6/21
12Page:
Item Title:10.4 Warrant Register
Item Page Number:14
Menifee Mayor and City Council August 18,2021
Page 34 of 345
07/29/2021
Voucher List
City of Menifee
13
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49688 7/30/2021 (Continued)00161 EASTERN MUNICIPAL WATER DIST.
275.88JUN'21 LLMD ZONE 3 WATER SVCS99479-03 7/7
Total : 9,623.93
49689 7/30/2021 00161 EASTERN MUNICIPAL WATER DIST.1827-05 7/6/21 JUN'21 WATER SVCS FIRE STATION #5 178.00
131.89MAR'21 LLMD ZONE 38 WATER SVCS197480-04 4/5/21
211.81APR'21 LLMD ZONE 38 WATER SVCS197480-04 5/5/21
129.63MAY'21 LLMD ZONE 38 WATER SVCS197481-04 6/3/21
177.13JUN'21 LLMD ZONE 38 WATER SVCS197482-04 7/6/21
185.42APR'21 LLMD ZONE 38 WATER SVCS197483-04 5/5/21
203.52JUN'21 LLMD ZONE 38 WATER SVCS197483-04 7/6/21
159.03APR'21 LLMD ZONE 37 WATER SVCS209502-03 5/5
140.18APR'21 LLMD ZONE 3 WATER SVCS217419-03 5/5/21
125.76APR'21 POLICE HEADQUARTERS WATER SVC231917-03 5/5/21
142.94JUN'21 LA PIEDRA/SHERMAN IRRIGATION WATE237370-01 6/18
132.73MAY'21 AMR ROW WATER SVCS238346-02 5/20/21
142.94JUN'21TOWN CENTER ROW WATER SVCS240243-02 6/21
175.04APR'21 FIRE STATION #7 WATER SVCS241468-01 5/5/21
169.23MAY'21 FIRE STATION #7 WATER SVCS241468-01 6/3/21
161.99APR'21 FIRE STATION #7 WATER SVCS241469-01 5/5/21
124.39MAY'21 TOWN CENTER ROW WATER SVCS249511-02 6/18
142.96JUN'21 CENTRAL PARK WATER SVCS250203-02 7/7/21
122.50JUN'21 AMR ROW LANDSCAPING250956-03 6/21
211.55JUN'21 AMR ROW LANDSCAPING250957-03 6/18
176.21JUN'21 CENTENNIAL PARK IRRIGATION WATER252061-02 6/18
137.60APR'21 WATER SVC NORTH ANNEX BLDG32539-21 5/5/21
122.90MAY'21 WATER SVC NORTH ANNEX BLDG32539-21 6/3/21
137.40JUN'21 WATER SVC NORTH ANNEX BLDG32539-21 7/6/21
194.94APR'21 CHERRY HILLS BLVD STREET MEDIAN W4065-02 5/5/21
176.90MAY'21 CHERRY HILLS BLVD STREET MEDIAN W4065-02 6/3/21
203.02JUN'21 CHERRY HILLS BLVD STREET MEDIAN W4065-02 7/6/21
181.65APR'21 LLMD ZONE 3 WATER SVCS83877-03 5/5/21
174.87MAY'21 LLMD ZONE 3 WATER SVCS83877-03 6/3/21
210.02APR'21 LLMD ZONE 3 WATER SVCS85623-04 5/5/21
165.59MAY'21 LLMD ZONE 3 WATER SVCS85623-04 6/3/21
187.94JUN'21 LLMD ZONE 3 WATER SVCS85623-04 7/6/21
130.58JUN'21 RANCHO RAMONA PARK WATER SVCS8913-02 7/8/21
13Page:
Item Title:10.4 Warrant Register
Item Page Number:15
Menifee Mayor and City Council August 18,2021
Page 35 of 345
07/29/2021
Voucher List
City of Menifee
14
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49689 7/30/2021 (Continued)00161 EASTERN MUNICIPAL WATER DIST.
154.51JUN'21 LLMD ZONE 3 WATER SVCS92817-02 7/6/21
174.09JUN'21 LLMD ZONE 3 WATER SVCS94084-03 7/7/21
124.35JUN'21 LLMD ZONE 3 WATER SVCS95842-03 7/6/21
Total : 5,821.21
49690 7/30/2021 00161 EASTERN MUNICIPAL WATER DIST.149228-03 5/5/21 APR'21 LLMD ZONE 3 WATER SVCS 110.02
99.47MAY'21 LLMD ZONE 3 WATER SVCS149228-03 6/3/21
105.50JUN'21 LLMD ZONE 3 WATER SVCS149228-03 7/6/21
94.10APR'21 LLMD ZONE 38 WATER SVCS181980-03 5/5/21
87.87MAY'21 LLMD ZONE 38 WATER SVCS181980-03 6/3/21
111.31JUN'21 LLMD ZONE 38 WATER SVCS181980-03 7/6/21
83.20APR'21 WATER SVCS FIRE STATION #51827-05 5/5/21
113.40MAY'21 WATER SVCS FIRE STATION #51827-05 6/3/21
103.24MAY'21 LLMD ZONE 3 WATER SVCS217419-03 6/3/21
114.57MAY'21 POLICE HEADQUARTERS WATER SVC231917-03 6/3/21
118.30JUN'21 POLICE HEADQUARTERS WATER SVC231917-03 7/6/21
103.84APR'21 LA PIEDRA/SHERMAN IRRIGATION WATE237370-01 5/20/21
103.84MAY'21 LA PIEDRA/SHERMAN IRRIGATION WATE237370-01 6/18
115.93JUN'21 AMR ROW WATER SVCS238346-02 6/18
105.21MAY'21 TOWN CENTER ROW WATER SVCS240244-02 5/20/21
74.44JUN'21 TOWN CENTER ROW WATER SVCS240244-02 6/18
114.92MAY'21 AMR WATER SVCS240844-03 6/18
110.45JUN'21 AMR WATER SVCS240844-03 6/18
122.36JUN'21 LLMD ZONE 167 WATER SVCS246084-02 7/8/21
120.48JUN'21 HIDDEN HILLS PARK RESTROOM WATER247007-02 7/7/21
116.91JUN'21 TOWN CENTER ROW WATER SVCS249511-02 6/18
82.56APR'21 POLICE HEADQUARTERS WATER SVCS254376-01 5/5/21
76.02MAY'21 POLICE HEADQUARTERS WATER SVC254376-01 6/3/21
78.20JUN'21 POLICE HEADQUARTERS WATER SVC254376-01 7/6/21
113.90APR'21 LLMD ZONE 3 WATER SVCS71417-03 5/5/21
110.89MAY'21 LLMD ZONE 3 WATER SVCS71417-03 6/3/21
109.27JUN'21 LLMD ZONE 3 WATER SVCS71417-03 7/6/21
82.88JUN'21 LLMD ZONE 3 WATER SVCS83877-03 7/7/21
115.50JUN'21 CSA 33 WATER SVCS8914-03 7/9/21
76.85MAY'21 LLMD ZONE 3 WATER SVCS92817-02 6/3/21
94.10APR'21 LLMD ZONE 3 WATER SVCS94440-03 5/5/21
14Page:
Item Title:10.4 Warrant Register
Item Page Number:16
Menifee Mayor and City Council August 18,2021
Page 36 of 345
07/29/2021
Voucher List
City of Menifee
15
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49690 7/30/2021 (Continued)00161 EASTERN MUNICIPAL WATER DIST.
106.72MAY'21 LLMD ZONE 3 WATER SVCS94440-03 6/3/21
107.54JUN'21 LLMD ZONE 3 WATER SVCS94440-03 7/6/21
78.18MAY'21 CSA 145 WATER SVCS94633-02 6/3/21
113.79APR'21 LLMD ZONE 3 WATER SVCS95842-03 5/5/21
103.24MAY'21 LLMD ZONE 3 WATER SVCS95842-03 6/3/21
Total : 3,679.00
49691 7/30/2021 00161 EASTERN MUNICIPAL WATER DIST.100891-03 7/7 JUN'21 CSA 145 WATER SVCS 55.00
48.86APR'21 LLMD ZONE 3 WATER SVCS101279-03 5/5/21
50.17MAY'21 LLMD ZONE 3 WATER SVCS101279-03 6/3/21
50.99JUN'21 LLMD ZONE 3 WATER SVCS101279-03 7/6/21
60.99JUN'21 LLMD ZONE 3 WATER SVCS155944-03 7/7
24.60JUN'21 CSA 145 WATER SVCS169064-03 7/7/21
74.24APR'21 CSA 145 WATER SVCS204614-02 5/5/21
71.68MAY'21 CSA 145 WATER SVCS204614-02 6/3/21
70.40JUN'21 CSA 145 WATER SVCS204614-02 7/6/21
27.52APR'21 LLMD ZONE 47 WATER SVCS214104-03 5/5/21
67.84APR'21 SPIRIT PARK RESTROOM WATER SVCS225656-03 5/5/21
65.38MAY'21 SPIRIT PARK RESTROOM WATER SVCS225656-03 6/3/21
59.80JUN'21 SPIRIT PARK RESTROOM WATER SVCS225656-03 7/6/21
38.05APR'21 BRADLEY RD ROW WATER SVCS234982-01 5/5/21
36.25MAY'21 BRADLEY RD ROW WATER SVCS234982-01 6/3/21
30.01APR'21 SUN CITY ROW IRRIGATION240219-01 5/5/21
41.54MAR'21 FIRE STATION #7 WATER SVCS240865-01 4/5/21
42.88APR'21 FIRE STATION #7 WATER SVCS240865-01 5/5/21
38.86MAY'21 FIRE STATION #7 WATER SVCS240865-01 6/3/21
59.76JUN'21 CSA 145 WATER SVCS246112-02 7/7/21
59.95APR'21 AMR SILVERSTAR PARK WATER SVCS246407-02 5/5/21
55.39MAY'21 AMR SILVERSTAR PARK WATER SVCS246407-02 6/3/21
53.14JUN'21 AMR SILVERSTAR PARK WATER SVCS246407-02 7/6/21
71.04JUN'21 CENTENNIAL PARK WATER SVCS250719-02 7/7/21
57.22JUN'21 CFD 2015-2 ANNEXATION 34 ZONE 34250899-02 7/7/21
59.06JUN'21 FIRE STATION #68 WATER SVCS73422-02 7/7/21
34.99JUN'21 LLMD ZONE 3 WATER SVCS79852-03 7/8/21
42.88APR'21 WATER SVC ANNEX BLDG81822-03 5/5/21
38.86MAY'21 WATER SVC ANNEX BLDG81822-03 6/3/21
15Page:
Item Title:10.4 Warrant Register
Item Page Number:17
Menifee Mayor and City Council August 18,2021
Page 37 of 345
07/29/2021
Voucher List
City of Menifee
16
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49691 7/30/2021 (Continued)00161 EASTERN MUNICIPAL WATER DIST.
40.20JUN'21 WATER SVCS ANNEX BLDG81822-03 7/6/21
72.32APR'21 LLMD ZONE 3 WATER SVCS92817-02 5/5/21
67.84APR'21 CSA 145 WATER SVCS94633-02 5/5/21
43.80JUN'21 CSA 145 WATER SVCS94633-02 7/6/21
72.32APR'21 LLMD ZONE 3 WATER SVCS95841-03 5/5/21
65.54MAY'21 LLMD ZONE 3 WATER SVCS95841-03 6/3/21
67.80JUN'21 LLMD ZONE 3 WATER SVCS95841-03 7/7/21
Total : 1,917.17
49692 7/30/2021 00161 EASTERN MUNICIPAL WATER DIST.152855-03 6/4/21 MAY'21 LLMD ZONE 3 WATER SVCS 23.78
24.60JUN'21 LLMD ZONE 3 WATER SVCS152855-03 7/7
23.68APR'21 WATER SVCS NORTH ANNEX232844-02 5/5/21
21.46MAY'21 WATER SVC NORTH ANNEX232844-02 6/3/21
23.78MAY'21 SUN CITY ROW IRRIGATION240219-01 6/3/21
18.00JUN'21 CREEK VIEW PARK WATER SVCS245515-02 7/7/21
19.80JUN'21 HIDDEN HILLS PARK IRRIGATION SVCS247009-02 7/8/21
24.42JUN'21 FIRE STATION #68 WATER SVCS73433-02 7/7/21
Total : 179.52
49693 7/30/2021 01142 FRONTIER CALIFORNIA INC.310-010-9929 6/19/21 JUN'21 SPIRIT PARK FIOS 300.98
439.06JUL'21 CITY HALL IP CIRCUIT (MAIN)310-150-0013 7/6/21
708.76JUL'21 MENIFEE PD FIOS SVCS323-160-9666 7/7/21
990.00JUL'21 CITY HALL DEDICATED FIBER (EIA)951-197-0298 7/4/21
990.00JUL'21 PD HEADQUARTERS DEDICATED FIBER (951-197-0579 7/4/21
771.85JUL'21 PW YARD FIOS SVCS951-679-2323 7/6/21
183.37JUL'21 ALARM CITY HALL951-679-3592 7/4/21
265.71JUL'21 911 ANALOG BACKUP LINES FOR KCSC951-679-6259 6/16
117.01JUL'21 LAZY CREEK ALARM SVCS951-679-8153 7/4/21
383.88JUN'21 CITY ROLLOVER LINES SVC951-679-8527 6/19/21
Total : 5,150.62
49694 7/30/2021 01187 GAMETIME PJI-0145890 02698 SHADE STRUCTURES FOR AUDIE MURPHY/SPIRIT 302,867.47
Total : 302,867.47
49695 7/30/2021 00139 GHA TECHNOLOGIES INC 101134476 03151 ACER V7 SERIES V247YBMIPX~ 1,895.43
03216 2,745.91PALO ALTO FIREWALL PA-220 HA PAIR FOR PU101140971
16Page:
Item Title:10.4 Warrant Register
Item Page Number:18
Menifee Mayor and City Council August 18,2021
Page 38 of 345
07/29/2021
Voucher List
City of Menifee
17
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49695 7/30/2021 (Continued)00139 GHA TECHNOLOGIES INC
03194 1,035.41COMPUTER HARDWARE FOR PD101141202
03151 1,827.64KCSC COMPUTER LAB EQUIPMENT AND SOFTWARE101141204
Total : 7,504.39
49696 7/30/2021 00908 GOSCH AUTO GROUP 1029028 P/W VEHICLE MAINTENANCE (VEH#206) 187.76
159.75COMM SVCS VEHICLE MAINTENANCE (VEH#601)1029805
58.83FLEET MATERIALS & SUPPLIES2076997
Total : 406.34
49697 7/30/2021 00650 HDL SOFTWARE, LLC SIN009896 MAY'21 HDL ONLINE CC PROCESSING SVCS 88.43
Total : 88.43
49698 7/30/2021 01162 HOTSY OF SOUTHERN CALIFORNIA 10013166 P/W EQUIPMENT MAINTENANCE 394.91
Total : 394.91
49699 7/30/2021 01875 IMPACT MENIFEE JUNE 2020 02452 FACILITY RENTAL FOR MENIFEE PD TRAINING 325.00
Total : 325.00
49700 7/30/2021 00548 IMPACT PROMOTIONAL PRODUCTS 28533 FINANCE EMPLOYEE SHIRTS 1,616.89
631.99SHIRTS FOR BUILDING & SAFETY28567
Total : 2,248.88
49701 7/30/2021 01043 IMPERIAL SPRINKLER SUPPLY 4610073-01 CFD IRRIGATION SUPPLIES 90.54
565.71AMR PARK IRRIGATION SUPPLIES4623795-00
153.11CSA 145 PARK MAINT4623919-00
654.46COMM SVCS ROW IRRIGATION REPAIRS4690787-00
12.83COMM SVCS PARK MAINT4691368-00
52.84COMM SVCS ROW IRRIGATION REPAIRS4692384-00
751.84COMM SVCS ROW IRRIGATION REPAIRS4693173-00
13.16CSA 145 IRRIGATION SUPPLIES4694166-00
54.81CSA 145 IRRIGATION SUPPLIES4694594-00
545.76COMM SVCS PARK MAINT4696446-00
507.88COMM SVCS PARK MAINTENANCE4698888-00
420.87COMM SVCS PARK MAINTENANCE4699573-00
489.82COMM SVCS ROW IRRIGATION REPAIRS4701931-00
197.61COMM SVCS IRRIGATION SUPPLIES4701931-01
17Page:
Item Title:10.4 Warrant Register
Item Page Number:19
Menifee Mayor and City Council August 18,2021
Page 39 of 345
07/29/2021
Voucher List
City of Menifee
18
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49701 7/30/2021 (Continued)01043 IMPERIAL SPRINKLER SUPPLY
15.06COMM SVCS ROW IRRIGATION REPAIRS4702004-00
60.06COMM SVCS ROW IRRIGATION REPAIRS4702815-00
733.53CSA 145 IRRIGATION SUPPLIES4703076-00
98.82COMM SVCS PARK MAINTENANCE4704024-00
43.03CFD IRRIGATION SUPPLIES4707012-00
52.09CENTRAL PARK MAINTENANCE4707264-00
109.37CFD IRRIGATION SUPPLIES4707390-00
7.84COMM SVCS IRRIGATION SUPPLIES4711576-00
43.69CFD IRRIGATION SUPPLIES4713288-00
19.22COMM SVCS IRRIGATION SUPPLIES4713317-00
47.86COMM SVCS IRRIGATION SUPPLIES4713601-00
23.93P/W MATERIALS & SUPPLIES4737469-00
Total : 5,765.74
49702 7/30/2021 01738 JACOBS MEDIA SERVICES INV 6/22/21 MPD PHOTGRAPHY SVCS AWARD CEREMONY 300.00
Total : 300.00
49703 7/30/2021 01847 JORGENSON INDUSTRIAL COMPANIES JI19239 03038 MENIFEE PD LOCKERS & BENCH 3,278.55
Total : 3,278.55
49704 7/30/2021 02137 KNOTT'S BERRY FARM 041RKM7175544 03212 RESERVATIONS FOR TEEN CAMP PROGRAM 1,400.00
03244 2,271.00RESERVATIONS FOR TEEN CAMP PROGRAM041RKM7175643
Total : 3,671.00
49705 7/30/2021 01331 KOA CORPORATION JB91167-21 02624 MAY'21 ON-CALL NON-RECOVERABLE ENGINEERI 2,480.00
02624 6,665.00JUN'21 ON-CALL NON-RECOVERABLE ENGINEERIJB91167-22
Total : 9,145.00
49706 7/30/2021 01342 LA SIERRA FIRE EQUIPMENT INC 55934MJ PD VEHICLE MAINTENANCE 393.00
Total : 393.00
49707 7/30/2021 01852 LANGUAGE LINE SERVICES, INC 10261516 02575 COMPREHENSIVE INTERPRETATION SERVICES 51.01
Total : 51.01
49708 7/30/2021 00128 LOWES 901082-HCDVIZ COMM SVCS SMALL TOOLS & FIELD EQUIPMENT 72.39
1,397.31P/W SMALL TOOLS & FIELD EQUIPMENT901248-HDOPTV
107.45FIRESTATION FACILITY MAINTENANCE901420-HCITJC
18Page:
Item Title:10.4 Warrant Register
Item Page Number:20
Menifee Mayor and City Council August 18,2021
Page 40 of 345
07/29/2021
Voucher List
City of Menifee
19
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49708 7/30/2021 (Continued)00128 LOWES
12.33CITY HALL FACILITIES MAINTENANCE901793-HBILNJ
375.54FIRESTATION #68 FACILITY MAINTENANCE901985-HCSSHC
5.15COMM SVCS SMALL TOOLS & FIELD EQUIPMENT902106-HCDVIU
167.20P/W MATERIALS & SUPPLIES902115-HEQVSO
53.61CITY HALL FACILITIES MAINTENANCE902265-HBNOSB
457.58COMM SVCS SMALL TOOLS & FIELD EQUIPMENT902402-HAVWCI
246.23FIRESTATION #76 FACILITY MAINTENANCE902415-HAVWCJ
35.84CITY HALL FACILITIES MAINTENANCE902419-HAHMXR
107.71P/W MATERIALS & SUPPLIES902575-HCSSGU
533.39COMM SVCS SUPPLIES902653-HCXDQM
29.69CITY HALL FACILITIES MAINTENANCE902839-HBDKJF
354.68FIRESTATION #68 FACILITY MAINTENANCE902870-HCZLOJ
143.60FIRESTATION #68 FACILITY MAINTENANCE910934-HDEPIN
256.44FIRESTATION #68 FACILITY MAINTENANCE911214-HDAQQK
56.52COMM SVCS FACILITY MAINTENANCE912021-HAHMXW
44.49FIRESTATION #68 FACILITY MAINTENANCE912482-HBZAMO
1,499.66COMM SVCS PARK MAINTENANCE920197-HBDKJK
114.86FIRESTATION #5 FACILITY MAINTENANCE961349-HBWVPT
15.48COMM SVCS SUPPLIES983170-HAAXNX
Total : 6,087.15
49709 7/30/2021 01891 MATTHEW FAGAN CONSULTING, INC #5 02589 MATTHEW FAGAN - APR-JUN'21 CEQA/ENVIRONM 3,427.13
Total : 3,427.13
49710 7/30/2021 00872 MENIFEE CAR WASH COM-JUNE2021 FIRE VEHICLE MAINTENANCE (VEH#702) 16.06
16.06COMM SVCS VEHICLE MAINTENANCECOM-MAY2021
Total : 32.12
49711 7/30/2021 00474 COMPLETE MANUFACTURED HOUSING CK REQ 7/16 REFUND MSHCP FEES 2,926.54
Total : 2,926.54
49712 7/30/2021 00474 WOODSIDE HOMES CK REQ 5/13 REFUND FOR FIRE PERMIT FIRE21-0324 224.00
Total : 224.00
49713 7/30/2021 00474 IRIS CANO CK REQ 7/19 REFUND FOR PICNIC SHELTER RESERVATION 110.00
Total : 110.00
19Page:
Item Title:10.4 Warrant Register
Item Page Number:21
Menifee Mayor and City Council August 18,2021
Page 41 of 345
07/29/2021
Voucher List
City of Menifee
20
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49714 7/30/2021 00474 DAVID MORSE CK REQ 7/31 LIVESCAN REIMB 25.00
Total : 25.00
49715 7/30/2021 01605 MOBILE MODULAR MANAGEMENT CORP 300498330 MOBILE MODULAR RENTAL 102.44
Total : 102.44
49716 7/30/2021 01058 MONOPRICE INC.21683004 SIT-STAND DESK CONVERTER FOR PLANNING 280.55
Total : 280.55
49717 7/30/2021 01199 MOTION PICTURE LICENSING CORP 504350272 MOTION PICTURE LICENSE FOR KC 352.38
Total : 352.38
49718 7/30/2021 01558 OCCUPATION HEALTH CENTERS, OF CALIFORNIA71917224 PRE-EMPLOYMENT TESTING SVCS 197.50
Total : 197.50
49719 7/30/2021 01130 O'REILLY AUTO PARTS 4746-229839 FLEET MATERIALS & SUPPLIES 58.33
Total : 58.33
49720 7/30/2021 01096 PAPER RECYCLING & SHREDDING, SPECIALISTS INC.490063 POLICE DOC SHREDDING SVCS 85.00
53.00COMM SVCS DOC SHREDDING SVCS490664
55.00POLICE DOC SHREDDING SVCS490665
Total : 193.00
49721 7/30/2021 01843 PARKHOUSE TIRE, INC 2010747690 FLEET PROFESSIONAL SERVICES 214.50
522.74PD VEHICLE TIRES2010748133
Total : 737.24
49722 7/30/2021 02160 PB LOADER CORPORATION IN0017946 P/W MATERIALS & SUPPLIES 1,179.94
Total : 1,179.94
49723 7/30/2021 02050 PIT STOP PUB CK REQ 7/20 MEALS FOR SENIOR LUNCHES 956.98
Total : 956.98
49724 7/30/2021 01739 PROFORCE LAW ENFORCEMENT 454434 MENIFEE PD WEAPONS PURCHASE 671.36
Total : 671.36
49725 7/30/2021 01065 PRUDENTIAL OVERALL SUPPLY 23173697 COMM SVCS UNIFORM LAUNDRY SVCS 53.29
113.04P/W UNIFORM LAUNDRY SVCS23173706
20Page:
Item Title:10.4 Warrant Register
Item Page Number:22
Menifee Mayor and City Council August 18,2021
Page 42 of 345
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Voucher List
City of Menifee
21
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49725 7/30/2021 (Continued)01065 PRUDENTIAL OVERALL SUPPLY
53.29COMM SVCS UNIFORM LAUNDRY SVCS23176736
124.03P/W UNIFORM LAUNDRY SVCS23176746
53.29COMM SVCS UNIFORM LAUNDRY SVCS23180302
152.03P/W UNIFORM LAUNDRY SVCS23180311
33.65FLEET MATERIALS & SUPPLIES23180312
156.68P/W UNIFORM LAUNDRY SVCS23183438
33.65FLEET MATERIALS & SUPPLIES23183439
Total : 772.95
49726 7/30/2021 01717 QUINN COMPANY PCA20021971 P/W MATERIALS & SUPPLIES 168.24
Total : 168.24
49727 7/30/2021 00006 R&R BUSINESS SOLUTIONS 8669 PRINTING SERVICES 128.87
Total : 128.87
49728 7/30/2021 00261 RIVERSIDE COUNTY FLOOD CONTROL, & WATER CONSERV DISTFC018755 CIP20-04 PALOMA WASH TRAIL IMPROVEMENTS 1,144.01
184.53CIP20-04 PALOMA WASH TRAIL IMPROVEMENTSFC018952
Total : 1,328.54
49729 7/30/2021 00500 RIVERSIDE HABITAT CONSERVATION CK REQ 7/14 JUN'21 K-RAT FEES 7,715.00
Total : 7,715.00
49730 7/30/2021 00456 ROGERS, ANDERSON, MALODY 66198 03157 FY 2020/21 AUDITING SERVICES 11,250.00
Total : 11,250.00
49731 7/30/2021 01453 SIGNS BY TOMORROW 27141 02659 FY20/21 PUBLIC HEARING NOTICE SIGNAGE SE 960.75
Total : 960.75
49732 7/30/2021 01912 SLI CLEANING SERVICES 0004 MENIFEE PD CLEANING SVCS 325.00
Total : 325.00
49733 7/30/2021 01640 SO CAL SHORT LOAD INC 1101 P/W MATERIALS & SUPPLIES 1,166.25
1,322.50P/W MATERIALS & SUPPLIES1150
Total : 2,488.75
49734 7/30/2021 00046 SOUTHERN CALIFORNIA EDISON 700021216873 6/22/21 JUN'21 CSA 145- IRRIGATION SVCS 1,217.24
640.05JUN'21 LLMD IRRIGATION SVCS700033176468 7/14/21
21Page:
Item Title:10.4 Warrant Register
Item Page Number:23
Menifee Mayor and City Council August 18,2021
Page 43 of 345
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City of Menifee
22
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49734 7/30/2021 (Continued)00046 SOUTHERN CALIFORNIA EDISON
413.78JUN'21 CENTRAL PARK ELECTRIC SVCS700056766363 7/8/21
636.19JUN'21 PD SUB STATION ELECTRICAL700145838534 6/29/21
51.44JUN'21 COMM SHACK DAILY ELECTRIC SVC700167267551 7/12/21
221.49MAY'21 CITY SIGNAL SVCS700178388906 7/2/21
4,466.60JUN'21 SENIOR CENTER ELECTRICAL SVCS700210273412 7/8/21
89.52JUN'21 LLMD ZONE 167 WATER SIGNAL SVCS700249578216 7/8/21
62.42JUN'21 PARK CITY TC-1 SIGNAL SVCS700253176512 7.8.21
84.70JUN'21 CFD 2017-1 TOWN CENTER TRAFFIC SI700268849486 7/12/21
91.80JUN'21 DERBY HILL TC-1 SIGNAL SVCS700275721130 6/21/21
54.04JUN'21 AMR SILVERSTAR IRRIGATION SVCS700283505883 7/8/21
129.16JUN'21 CSA 145 IRRIGATION SVCS700285086781 7/2
62.86MAY'21 AMR STREET LIGHT SVC700290354992 5/20
69.21JUN'21 AMR STREET LIGHT SVC700290354992 6/21/21
66.08JUN'21 AMR STREET LIGHT SVC700290354992 7/21/21
69.16JUN'21 MENIFEE RD TC-1 SIGNAL SVCS700316479116 7/2
148.87JUN'21 NEWPORT RD/AMR CFD 2012-1 SGNLSVC700318765585 6/22/21
141.52JUL'21 NEWPORT RD/ AMR CFD 2012-1 SGNL S700318765585 7/22/21
682.38JUN'21 P/W MOC ELECTRICAL SVCS700325024513 7/2
104.53JUN'21 HIDDEN HILLS PARK ELECTRIC SVCS700327396565 7/8/21
98.38JUN'21 AMR STREET LIGHT SVCS700344343273 6/26/21
146.69JUN'21 BRIGGS RD SIGNAL SVCS700351649393 7/7/21
136.04JUN'21 CFD 2012-1 AMR STREETLIGHT SVCS700362876640 7/2/21
56.93JUN'21 CSA 80 STREET LIGHTS700413389590 7/2
3,021.29JUN'21 FIRE STATIONS ELECTRICAL SVCS700449636167 6/26/21
333.65FEB'21 CITY SIGNAL SVCS700528318931 3/17/21
268.85JUN'21 CITY SIGNAL SVCS700528318931 7/7/21
2,096.54JUN'21 POLICE HEADQUARTERS ELECTRICAL SV700529353801 7/13/21
310.46MAY'21 NEWPORT RD SGNL & STREETLIGHT SVC700549826154 6/11
2,320.09JUN'21 CITY SIGNAL SVCS700559501603 6/30/21
4,024.81MAY'21 CITY HALL ELECTRIC SVCS700578241393 6/22/21
82.63MAY'21 MCCALL TC-1 SIGNAL SVCS700589354664 6/7/21
79.13JUN'21 MCCALL TC-1 SIGNAL SVCS700589354664 7/7/21
4,257.76MAY'21 AMR SPORTS PARK ELECTRIC SVCS700600041741 6/24/21
108.64APR'21 CFD 2015-2 ANNEX 28 STREETLIGHT S700648525371 6/8
Total : 26,844.93
22Page:
Item Title:10.4 Warrant Register
Item Page Number:24
Menifee Mayor and City Council August 18,2021
Page 44 of 345
07/29/2021
Voucher List
City of Menifee
23
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
49735 7/30/2021 00046 SOUTHERN CALIFORNIA EDISON 700035766267 7/2 JUN'21 CSA 33 STREET LIGHTS SVCS 38.72
24.86JUN'21 CFD 2015-2 ANNEX 12 SIGNAL SVCS700058132851 7/8/21
10.58JUN'21 NEWPORT BRIDGE IRRIGATION SVCS700085556771 7/8/21
34.30JUN'21 NEWPORT BRIDGE LIGHT SVCS700088568320 7/8/21
13.60JUN'21 CFD 2014-1 TOWN CENTER IRRIGATION700126333652 7/2
21.62JUN'21 LLMD ZONE 167 SAFETY LIGHTS SVCS700225822815 7/12/21
16.03JUN'21 LLMD ZONE 167 IRRIGATION SVCS700226009741 7/12/21
46.37JUN'21 LLMD ZONE 167 SIGNAL SVCS700247913957 7/9/21
20.74JUL'21 PARK CITY LS3 SIGNAL SVCS700253167519 7/8/21
20.74JUN'21 PARK CITY LS3 SIGNAL SVCS700253167519 7/8/21
40.29JUN'21 CFD 2017-1 TOWN CENTER TRAFFIC SI700268863432 7/12/21
40.38JUN'21 DERBY HILL TC-1 SIGNAL SVC700275763768 6/21/21
17.94JUN'21 CFD 2015-2 ANNEX 18 STREET LIGHT700288704174 7/8/21
23.24MAY'21AMR STREET LIGHT SVC700290425017 5/20
23.61JUN'21 AMR STREET LIGHT SVC700290425017 6/21/21
22.68JUL'21 AMR STREET LIGHT SVC700290425017 7/21/21
34.06JUN'21 AMR ROW IRRIGATION SVCS700303731902 7/13/12
15.61JUN'21 AMR ROW IRRIGATION SVCS700303753524 7/8/21
30.16MAY'21 AMR ROW IRRIGATION SVCS700303769688 7/14/21
15.26JUN'21 AMR ROW IRRIGATION SVCS700303769688 7/15/21
21.40FEB'21 AMR SPORTS PARK ELECTRIC SVCS700352616969 3/16/21
17.97MAY'21 AMR SPORT PARK ELECTRICAL SVCS700352616969 6/22/21
15.79JUN'21 AMR SPORTS PARK ELECTRIC SVCS700352616969 7/14/21
13.60JUN'21 LLMD ZONE 3 IRRIGATION700451160986 7/2
33.97APR'21 CSA 84 STREET LIGHT SVCS700582740779 5/3/21
29.50MAY'21 CFD 2015-2 ANNEX 28 STREETLIGHT S700648525371 6/8/21
27.66JUN'21 CFD 2015-2 ANNEX 28 STREETLIGHT S700648525371 7/8/21
Total : 670.68
49736 7/30/2021 00861 STAPLES CONTRACT & COMMERICAL 8062803188 JUN'21 OFFICE SUPPLIES 8,348.95
Total : 8,348.95
49737 7/30/2021 00283 STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE475392-1 SEP'20 BLOOD ALCOHOL ANALYSIS 70.00
245.00JUN'21 NEW HIRE SCREENING521698
311.00JUN'21 NEW HIRE SCREENING522570
665.00JUN'21 BLOOD ALCOHOL ANALYSIS522910
70.00APR'21 BLOOD ALCOHOL ANALYSIS522947
23Page:
Item Title:10.4 Warrant Register
Item Page Number:25
Menifee Mayor and City Council August 18,2021
Page 45 of 345
07/29/2021
Voucher List
City of Menifee
24
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 1,361.00 49737 7/30/2021 00283 00283 STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE
49738 7/30/2021 00697 STATER BROS. MARKET C0285 7/6 COMM SVCS SUPPLIES 646.75
Total : 646.75
49739 7/30/2021 02031 SUBWAY CK REQ 7/12 MEALS FOR SENIOR LUNCHES 960.00
Total : 960.00
49740 7/30/2021 01053 SUN CITY HARDWARE 6726777 6/30 COMM SVCS & P/W SUPPLIES 699.09
Total : 699.09
49741 7/30/2021 01802 SYMBOLARTS,LLC 0387590-IN PD UNIFORMS 363.76
Total : 363.76
49742 7/30/2021 02099 THE ALLEY TADC023 03176 NON-PROFESSIONAL SERVICES AGREEMENT FOR 474.00
03176 180.00NON-PROFESSIONAL SERVICES AGREEMENT FORTADC024
Total : 654.00
49743 7/30/2021 00098 THE GAS COMPANY 008 125 8251 8 6/24 JUN'21 CSA 145 GAS SVCS 5.26
124.39JUN'21 FIRE STATION #7 GAS SVCS047 770 7105 3 6/23
15.78JUN'21 WEST ANNEX/SENIOR CTR GAS SVCS064 825 8334 8 6/24
21.73JUN'21 NORTH ANNEX GAS SVCS069 025 8387 8 6/24
20.25JUN'21 POLICE DEPT. BLDG A GAS SVCS091 934 9672 7 6/24
89.34JUN'21 FIRESTATION #76 GAS SVCS114 347 5472 2 7/2
75.33JUN'21 POLICE DEPT. BLDG B GAS SVCS186 436 1021 7 6/24
Total : 352.08
49744 7/30/2021 00854 THE LLOYD PEST CONTROL CO, INC 7441216 JUNE '21 P/W PEST CONTROL SVCS 70.00
Total : 70.00
49745 7/30/2021 00714 TPX COMMUNICATIONS 144693455-0 JUL'21 LOCAL & LONG DISTANCE SVCS 853.60
Total : 853.60
49746 7/30/2021 01064 TRI STATE MATERIALS INC 96680 P/W MATERIALS & SUPPLIES 139.00
Total : 139.00
49747 7/30/2021 00703 UEBER HAUN I, LLC 109 AUG'21 LAND LEASE AGREEMENT 5,298.07
24Page:
Item Title:10.4 Warrant Register
Item Page Number:26
Menifee Mayor and City Council August 18,2021
Page 46 of 345
07/29/2021
Voucher List
City of Menifee
25
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 5,298.07 49747 7/30/2021 00703 00703 UEBER HAUN I, LLC
49748 7/30/2021 00430 UNION BANK, N.A.1277565 JUN'21 ACCT MGMT SVCS 323.00
Total : 323.00
49749 7/30/2021 01911 US ARMOR CORPORATION 33688 PD CONCEALABLE VESTS 951.41
Total : 951.41
49750 7/30/2021 00189 VERIZON WIRELESS 9882559875 JUN'21 PD MOBILE CHARGES 6,918.27
Total : 6,918.27
49751 7/30/2021 00976 VIRTUAL PROJECT MANAGER LLC 12-2812 VIRTUAL PROJECT MANAGER 500.00
Total : 500.00
49752 7/30/2021 01887 VISCID DESIGN CO.3958 PD VEHICLE MAINTENANCE (VEH#20-41) 238.56
Total : 238.56
49753 7/30/2021 00787 WAGEWORKS, INC.INV2909953 JUN'21 FSA MONTHLY PREMIUM 701.00
Total : 701.00
49754 7/30/2021 01803 WEST TOW 21-79543 PD VEHICLE TOWING SVCS 45.00
130.00PD VEHICLE TOWING SVCS21-79848
130.00PD VEHICLE TOWING SVCS21-79849
Total : 305.00
49755 7/30/2021 00166 WESTERN RIVERSIDE COUNCIL OF, GOVERNMENTS1007 03362 2020/21 WRCOG FELLOWSHIP PROGRAM 10,000.00
Total : 10,000.00
49756 7/30/2021 02051 WORLDPAC INC 28397657 PD VEHICLE MAINTENANCE 512.78
150.82PD VEHICLE MAINTENANCE28447822
17.39PD VEHICLE MAINTENANCE28548807
171.24COMM SVCS VEHICLE MAINTENANCE28663592
Total : 852.23
49757 7/30/2021 00157 WRCOG 1086 FY 21/22 WRCOG MEMBERSHIP DUES 10,491.09
Total : 10,491.09
Bank total : 7,476,178.47 161 Vouchers for bank code :uboc
25Page:
Item Title:10.4 Warrant Register
Item Page Number:27
Menifee Mayor and City Council August 18,2021
Page 47 of 345
07/29/2021
Voucher List
City of Menifee
26
8:08:50AM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
7,476,178.47Total vouchers :Vouchers in this report 161
26Page:
Item Title:10.4 Warrant Register
Item Page Number:28
Menifee Mayor and City Council August 18,2021
Page 48 of 345
Date Paid by:Payee Description Amount
7/23/2021 ACH City Payroll Payroll Period 7/03/2021 - 7/17/2021 759,832.82
7/23/2021 ACH ICMA Payroll Period 7/03/2021 - 7/17/2021 33,754.74
TOTAL PAYROLL:793,587.56$
Date Paid by:Payee Description Amount
7/26/2021 ACH Union Bank Quaterly Bank Analysis Fee 3,979.05
7/27/2021 ACH CALPERS - Retirement Payroll Period 6/06/2021 - 6/19/2021 93,675.34
7/27/2021 ACH CALPERS - Retirement Payroll Period 6/06/2021 - 6/19/2021 67,438.19
TOTAL OTHER EFT'S:165,092.58$
TOTAL PAYMENTS:958,680.14$
Payroll Register, Taxes and Other EFT's/Wires
City of Menifee
August 18, 2021
Item Title:10.4 Warrant Register
Item Page Number:29
Menifee Mayor and City Council August 18,2021
Page 49 of 345
Status
A/P VOID CHECK LISTING
00157 WRCOG V 07/30/2021 1086
Bank code:uboc
Check #Date Vendor Clear/Void Date
1 checks in this report Total Checks:10,491.09
Invoice Inv. Date Amount Paid Check Total
49757 07/30/2021
Page: 1
07/01/2021 10,491.09 10,491.09
uboc Total:10,491.09
Item Title:10.4 Warrant Register
Item Page Number:30
Menifee Mayor and City Council August 18,2021
Page 50 of 345
CITY OF MENIFEE
SUBJECT: Fiscal Year 21/22 PD Fleet Vehicles Purchase
MEETING DATE: August 18, 2021
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst
REVIEWED BY: Pat Walsh, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve the purchase of nine vehicles from the State of California Contract Vendor
Wondries/National Auto Fleet Group based on the attached quotes for a not-to-exceed amount of
$468,476.33 including tax and delivery, and using the Fund Account number 115-4911-53155;
and
2. Allow the purchase be made under the cooperative purchasing (piggyback) agreement as
permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell Contract#
120716-NAF, thereby exempting the purchase under the competitive bidding process; and
3. Authorize the City Manager to execute the required documents.
DISCUSSION
As the City continues to grow in population with new development each year, additional Police
Department staff has been approved in the FY 21/22 budget to address the demands for services
to support this growth. The Police Department vehicle fleet will also need to grow respectively to
assist with this essential call for service needs.
Staff has worked closely with National Auto Fleet Group to select vehicles that will meet the needs
of the department while being conscientious of the fiscal impact and also taking into account the
current demand for vehicles across the country that is causing significantly longer than normal
delivery times.
These vehicles will be assigned to the newly developed Special Enforcement Team (SET),
provide units to the Lieutenants so their existing units can be reassigned to Patrol, along with a
Community Service Officer (CSO) vehicle, and a School Resource Officer (SRO) vehicle.
Item Title:10.5 Fiscal Year 21/22 PD Fleet Vehicles Purchase
Item Page Number:1
Menifee Mayor and City Council August 18,2021
Page 51 of 345
City of Menifee Staff Report
Fiscal Year 21/22 PD Fleet Vehicles Purchase
August 18, 2021
Page 2 of 2
6
4
2
Assignments New Vehicles Reassignment of Units
SET Team 3- Dodge Durango Pursuit AWD N/A
CSO 1-Ford Explorer Base RWD N/A
Lieutenants 4- Dodge Chargers RWD V-8 3 to the Patrol Fleet
SRO 1- Dodge Charger RWD V-8 N/A
Purchasing of the vehicles using the Sourcewell contract# 120716-NAF, will exempt the purchase
from the competitive bidding process while taking advantage of the community, government
agency, educational institute, tribal nation, and nonprofit pricing leverage. Using the Sourcewell
contract, the City will also benefit from reduced administrative costs. The purchase is allowed
under the Menifee Municipal Code Section 3.12.070 (6).
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The current fiscal impact for this item is $468,476.33. This item is currently budgeted within fiscal
year 2021/2022 in account #115-4911-53155 and does not require any additional appropriation.
Unit Type Amount Per Unit # of Units Total Cost per Type
Dodge Durango
Pursuit AWD $61,516.15 3- SET Team $184,548.45
Ford Explorer Base
RWD $48,936.10 1- CSO $48,936.10
Dodge Chargers
RWD V-8 $45,763.62 4- Lieutenant $183,054.48
Dodge Charger RWD
V-8 $51,937.30 1- SRO $51,937.30
GRAND TOTAL $468,476.33
The secondary and future fiscal impact for these items related to upkeep, fuel, and maintenance
will be budgeted in future fiscal years budgets in the Fleet Services account# 115-4911-52300,
115-4911-52503, and 115-4911-52506.
ATTACHMENTS
1. National Auto Fleet Group - 3 Dodge Durango Pursuit AWD Vehicles (SET Team)
2. National Auto Fleet Group - 1 Ford Explorer Base RWD Vehicle (CSO)
3. National Auto Fleet Group - 4 Dodge Chargers RWD V8's (Lieutenants)
4. National Auto Fleet Group - 1 Dodge Charger RWD V8 (SRO)
5. Menifee Municipal Code Section 3.12.070 (6)
Item Title:10.5 Fiscal Year 21/22 PD Fleet Vehicles Purchase
Item Page Number:2
Menifee Mayor and City Council August 18,2021
Page 52 of 345
Item Title:10.5 Fiscal Year 21/22 PD Fleet Vehicles Purchase
Item Page Number:3
Menifee Mayor and City Council August 18,2021
Page 53 of 345
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§ 3.12.070 EXEMPTION FROM BIDDING UPON DETERMINATION OF PURCHASING
OFFICER OR CITY COUNCIL.
(A) The bidding requirements set forth in this chapter may be waived, at the discretion of
the Purchasing Officer, when any of the following is applicable:
(1) The product is proprietary;
(2) After a reasonable attempt has been made to obtain bids, and it has been
determined by the Purchasing Officer that three bids cannot be obtained;
(3) The Purchasing Officer finds that emergency conditions require the immediate
purchase of supplies or equipment. For the purpose of this section, EMERGENCY
PURCHASES are those procurements required to prevent the immediate interruption or
cessation of necessary city services or to safeguard life, property or the public health and
welfare;
(4) The Purchasing Officer determines that due to the nature of the supplies or
equipment, formal bidding is not likely to result in the lowest price;
(5) Sufficient, satisfactory bids are not received;
(6) Supplies or equipment are procured through a cooperative purchasing program with
the federal, state, county or other public agencies;
(7) The commodity is unique, including, but not limited to, acquisition of data
processing, telecommunications and word processing equipment, goods and services;
(8) The product or service can be obtained from only one vendor (sole source); and
(9) The purchase of a specific brand name, make or model is necessary to match
existing city equipment or facilitate effective maintenance and support.
(B) The bidding requirements of this chapter may be waived by the City Council when, in
the opinion of the City Council, compliance with the procedures is not in the best interest of
the city.
(Ord. 2008-02, passed 10-1-2008)
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CITY OF MENIFEE
SUBJECT: Fiscal Year 2021/22 Bonded CFDs Formation and Consulting
Services Agreements
MEETING DATE: August 18, 2021
TO: Mayor and City Council
PREPARED BY: Margarita Cornejo, Financial Services Manager
REVIEWED BY: Wendy Preece, Deputy Finance Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute professional services agreement with
Urban Futures in the not-to-exceed amount of $90,000 for Fiscal Year 2021/22 Community
Facilities District Formation Financial Advisory Services (Formation and Bond Sale); and,
2. Approve and authorize the City Manager to execute professional services agreement with
Spicer Consulting Group in the not-to-exceed amount of $250,000 for Fiscal Year 2021/22
Community Facilities District Special Tax Consultant Formation and Bond Sale Services; and,
3. Approve and authorize the City Manager to execute professional services agreement with
Stradling, Yocca, Carlson & Rauth in the not-to-exceed amount of $210,000 for Fiscal Year
2021/22 Community Facilities District Formation Counsel Services.
DISCUSSION
Beginning in the fall of 2019, the City has been working with several developers interested in
financing necessary infrastructure improvements through the establishment of Community
Facilities Districts (CFDs). Through CFD debt, in the form of municipal bonds issued, new public
infrastructure directly benefitting properties within the boundaries of such district is constructed.
For Fiscal Year 2021/22, staff has obtained proposals from Urban Futures Inc. for Financial
Advisory Services (Formation and Bond Sale), Stradling Yocca Carlson & Rauth for Advisory
Counsel Services (Formation Counsel Services) and Spicer Consulting Group (SCG) for Special
Tax Consultant (Formation and Bond Sale Services). All three firms have extensive experience
providing the respective services to municipalities. Staff has reviewed the proposals received by
Urban Future, Stradling Yocca Carlson & Rauth, and SCG and has evaluated the consultants’
qualifications/experience in providing such services.
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City of Menifee Staff Report
Fiscal Year 2021/22 On Call Professional Services (Finance Department)
August 18, 2021
Page 2 of 2
5
2
9
Costs associated with these services, as well as any applicable administrative expenses, are
fully recoverable with no impact to the General Fund. Formation costs will be paid upfront as
deposits from the respective developers of each proposed CFD formation. Bond issuance
costs, such as the financial advisory services, formation services and legal services, will be
recovered from the bond proceeds.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The fiscal impact of the three proposed agreements is $550,000; however, as stated in the
previous section, there is no negative fiscal impact to the City’s General Fund because there will
be offsetting deposits from the developers to match these expenditures.
Costs associated with these services, as well as any applicable administrative expenses, are fully
recoverable and will be paid upfront as deposits from the respective developers of each proposed
CFD formation and recovered from the bond proceeds.
Expenditures related to the three proposed agreements are budgeted within available funds
included in the adopted Fiscal Year 2021/22 budget, specifically within Account #100-4220-
52825 (Professional Services (Recoverable)). No additional budget appropriation action(s) is
required.
ATTACHMENTS
1. Agreement – Spicer Consulting Group (BONDED CFDS FORMATION & BOND SALE SVCS)
2. Agreement – Urban Futures Inc. (BONDED CFDS FINANCIAL ADVIS. SVCS)
3. Agreement – Stradling (BONDED CFDS BOND COUNSEL SVCS)
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2671/031858-0001
7630421.2 a03/02/21
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
FISCAL YEAR 2021/22 BONDED CFD FORMATION SERVICES &
BOND ISSUANCE SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective
this _____ day of __________, 2021 (“Effective Date”) by and between the CITY OF MENIFEE,
a California municipal corporation, (“City”) and SPICER CONSULTING GROUP, a California
Limited Liability Company (LLC) (“Consultant”). City and Consultant may sometimes herein be
referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the “Services”). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on July 1, 2021 and
shall end on June 30, 2022 unless the term of this Agreement is otherwise terminated or extended
as provided for in Section 8. The time provided to Consultant to complete the Services required
by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in
Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a
provider of first class work and services and Consultant is experienced in performing the Services
contemplated herein and, in light of such status and experience, Consultant shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its profession and to the sole satisfaction of the
Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City, reassign such person or
persons.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations
hereunder.
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City
employees during the performance of the Services, Consultant shall comply with all State, County,
and local emergency orders, directives, protocols, and best practices related to the COVID-19
pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate
physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed TWO HUNDRED FIFTY
THOUSAND DOLLARS AND ZERO CENTS ($250,000.00) notwithstanding any contrary
indications that may be contained in Consultant’s proposal, for the Services to be performed and
reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail.
City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in
the manner set forth herein. The payments specified below shall be the only payments from City
to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all
invoices to City in the manner specified herein. Except as specifically authorized in advance by
City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
b. The beginning and ending dates of the billing period;
c. A “Task Summary” containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under this Agreement, and the
percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
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Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due
pursuant to this Agreement within sixty (60) days after completion of the Services and submittal
to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant’s use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
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required to furnish any facility that may involve incurring any direct expense, including but not
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions of the California
Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO
MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
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damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
c. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees, agents,
and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have the
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right to exercise, at Consultant’s sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference:
FISCAL YEAR 2021/22 BONDED CFD FORMATION SERVICES & BOND ISSUANCE
SERVICES. The name and address for Additional Insured endorsements, Certificates of
Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.
City must be endorsed as an additional insured for liability arising out of ongoing and completed
operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall
provide written notice to City within ten (10) working days if: (1) any of the required insurance
policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible
or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles
owned, leased, or used by Consultant in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection afforded
to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any of the
Services.
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During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies, which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
“Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
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5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
all of its officers, employees, officials, volunteers, and agents from and against any and all Claims,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any
of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be
paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages, as determined by the Director of Industrial Relations of the State
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of California, will be the minimum paid to all laborers, including Consultant’s employee and
subcontractors. It is understood that it is the responsibility of Consultant to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any
party performing the Services of any applicable local, state, and/or federal law, including, without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time, or any other similar law;
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781, as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’
written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
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8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a determination
of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant’s proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the
terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services described in
Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the
Services.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Consultant prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above, prepared pursuant to this Agreement
are prepared specifically for City and are not necessarily suitable for any future or other use. Any
use of such documents for other projects by City shall be without liability to Consultant. City and
Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other
documents are confidential and will not be released to third parties without prior written consent
of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which
are prepared or caused to be prepared by Consultant under this Agreement (“Documents and
Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents and Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents and Data. Consultant makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Consultant or
provided to Consultant by the City. City shall not be limited in any way in its use of the Documents
and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum of three (3) years, or for any longer period required by law, from
the date of final payment to Consultant under this Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of
this Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
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SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to
any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. In the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit
of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Shane Spicer (“Consultant’s Representative”). The Consultant’s Representative
shall have full authority to represent and act on behalf of Consultant for all purposes under this
Agreement. The Consultant’s Representative shall supervise and direct the Services, using his
best skill and attention, and shall be responsible for all means, methods, techniques, sequences,
and procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Rochelle Clayton, Deputy City Manager (“Contract Administrator”). All
correspondence shall be directed to or through the Contract Administrator or his designee. The
Contract Administrator shall have the power to act on behalf of City for all purposes under this
Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction
or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
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SPICER CONSULTING GROUP
Attn: Shane Spicer
41619 MARGARITA RD, SUITE 101
TEMECULA, CA 92591
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Rochelle Clayton, Deputy City Manager
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator, the first page of a technical report, first page of design specifications, and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and
Signature of Registered Professional with report/design responsibility,” as in the following
example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either written or
oral. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of
the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
(iv) that entering into this Agreement does not violate any provision of any other Agreement to
which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors,
assigns, and all persons claiming under or through them, that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event of any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award, terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant, in connection with the award of this Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Shane Spicer, Managing Director
Melissa Bellitire, Managing Director
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide comprehensive bonded CFD Formation and Bond Sale Services in the
amount not to exceed TWO HUNDRED FIFTY THOUSAND DOLLARS AND ZERO
CENTS ($250,000.00) as further detailed in the following pages.
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EXHIBIT A
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CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
FISCAL YEAR 2021/22 BONDED CFDs FINANCIAL ADVISORY SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective
this _____ day of __________, 2021 (“Effective Date”) by and between the CITY OF MENIFEE,
a California municipal corporation, (“City”) and URBAN FUTURES INC, a California
Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually
as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the “Services”). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on July 1, 2021 and
shall end on June 30, 2022 unless the term of this Agreement is otherwise terminated or extended
as provided for in Section 8. The time provided to Consultant to complete the Services required
by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in
Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a
provider of first class work and services and Consultant is experienced in performing the Services
contemplated herein and, in light of such status and experience, Consultant shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its profession and to the sole satisfaction of the
Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City, reassign such person or
persons.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations
hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
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1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City
employees during the performance of the Services, Consultant shall comply with all State, County,
and local emergency orders, directives, protocols, and best practices related to the COVID-19
pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate
physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed NINETY THOUSAND
DOLLARS AND ZERO CENTS ($90,000.00) notwithstanding any contrary indications that
may be contained in Consultant’s proposal, for the Services to be performed and reimbursable
costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit
A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant
for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.
The payments specified below shall be the only payments from City to Consultant for the Services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner
specified herein. Except as specifically authorized in advance by City, Consultant shall not bill
City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
b. The beginning and ending dates of the billing period;
c. A “Task Summary” containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under this Agreement, and the
percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due
pursuant to this Agreement within sixty (60) days after completion of the Services and submittal
to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant’s use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
required to furnish any facility that may involve incurring any direct expense, including but not
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limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions of the California
Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO
MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
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b. Minimum scope of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
c. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees, agents,
and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have the
right to exercise, at Consultant’s sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
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d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference:
FISCAL YEAR 2021/22 BONDED CFDs FINANCIAL ADVISORY SERVICES. The name
and address for Additional Insured endorsements, Certificates of Insurance and Notice of
Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed
as an additional insured for liability arising out of ongoing and completed operations by or on
behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall
provide written notice to City within ten (10) working days if: (1) any of the required insurance
policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible
or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles
owned, leased, or used by Consultant in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection afforded
to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any of the
Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
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insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies, which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
“Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
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5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
all of its officers, employees, officials, volunteers, and agents from and against any and all Claims,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any
of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be
paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages, as determined by the Director of Industrial Relations of the State
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of California, will be the minimum paid to all laborers, including Consultant’s employee and
subcontractors. It is understood that it is the responsibility of Consultant to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any
party performing the Services of any applicable local, state, and/or federal law, including, without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time, or any other similar law;
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781, as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’
written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
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8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a determination
of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant’s proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the
terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services described in
Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the
Services.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Consultant prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above, prepared pursuant to this Agreement
are prepared specifically for City and are not necessarily suitable for any future or other use. Any
use of such documents for other projects by City shall be without liability to Consultant. City and
Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other
documents are confidential and will not be released to third parties without prior written consent
of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which
are prepared or caused to be prepared by Consultant under this Agreement (“Documents and
Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents and Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents and Data. Consultant makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Consultant or
provided to Consultant by the City. City shall not be limited in any way in its use of the Documents
and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum of three (3) years, or for any longer period required by law, from
the date of final payment to Consultant under this Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of
this Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
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SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to
any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. In the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit
of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Michael Busch (“Consultant’s Representative”). The Consultant’s Representative
shall have full authority to represent and act on behalf of Consultant for all purposes under this
Agreement. The Consultant’s Representative shall supervise and direct the Services, using his
best skill and attention, and shall be responsible for all means, methods, techniques, sequences,
and procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Rochelle Clayton, Deputy City Manager (“Contract Administrator”). All
correspondence shall be directed to or through the Contract Administrator or his designee. The
Contract Administrator shall have the power to act on behalf of City for all purposes under this
Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction
or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
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URBAN FUTURES INC
Attn: Michael Busch
17821 E. 17TH STREET, SUITE 245
TUSTIN, CA 92780
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Rochelle Clayton, Deputy City Manager
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator, the first page of a technical report, first page of design specifications, and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and
Signature of Registered Professional with report/design responsibility,” as in the following
example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either written or
oral. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of
the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
(iv) that entering into this Agreement does not violate any provision of any other Agreement to
which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors,
assigns, and all persons claiming under or through them, that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event of any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award, terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant, in connection with the award of this Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Michael Busch
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide comprehensive bonded CFD Financial Advisory Services in the amount
not to exceed NINETY THOUSAND DOLLARS AND ZERO CENTS ($90,000.00) as further
detailed in the following pages.
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EXHIBIT A
Scope of Municipal Advisory Activities to be Performed
Assembling a team that works for the municipality is a key part of the debt issuance process.
Among the first to join the team is the municipal advisor. As municipal advisor, UFI will
successfully perform the following duties.
Assist in developing the plan of finance and related transaction timetable;
Identify and analyze financing solutions and alternatives for funding the capital
improvement plan;
Advise on the method of sale, taking into account market conditions and near-term activity
in the municipal market;
Solicit refinancing proposals from underwriting firms;
Coordinate internal/external accountants, feasibility consultants and escrow agents, as
appropriate;
Assist with the selection of the financing team including underwriters, trustee, bond and
disclosure counsel;
Assist with underwriter compensation issues, syndicate structure and bond allocations;
Assist with negotiated sales, including advice regarding retail order periods and
institutional marketing, analysis of comparable bonds and secondary market data, and
verify cash flow calculations;
Prepare and/or review preliminary cash flows/ preliminary refunding analysis;
Analyze whether to use SLGS, open markets and/or City securities for purposes of
investment of bond proceeds;
Assist in procuring printers, verification agents, etc.;
Plan and coordinate bond closings;
Prepare any required post-sale reports of bond sales; and
Evaluate market conditions and pricing performance of senior manager and co-managers’
distribution of bonds.
Independent Registered Municipal Advisor (“IRMA”)
If acting in the capacity of an Independent Registered Municipal Advisor (“IRMA”) with regard to
the IRMA exemption of the SEC Rule, Urban Futures, Inc. will review all third-party
recommendations submitted to Urban Futures, Inc. in writing by the City.
Term of Engagement Agreement
The commencement date of the agreement is July 1, 2021 and the end date is June 30, 2022. Any
extensions must be mutually agreed upon by all parties in writing.
Termination of Engagement Agreement
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The City may terminate the whole or any part of this Agreement at any time and without cause by
giving sixty (60) days written notice to Urban Futures Inc. of such termination and specifying the
effective date thereof. Urban Futures, Inc. shall discontinue all Services affected by such
termination within thirty (30) days of receipt of such notice, unless otherwise instructed by the
City in writing. Urban Futures, Inc. may terminate this agreement by giving the City sixty (60)
days written notice.
In the event Services are terminated by the City and bonds are successfully issued, Urban Futures,
Inc. will be compensated pro-rata for services provided up to the termination date.
Compensation and Out-of-Pocket Expenses
Compensation for the municipal advisory activities to be performed for this engagement is
contingent upon the successful sale on bonds.
For a bond sale transaction, the fee for financial advisory services is $35,000 per series of bonds,
which includes a reimbursement of expenses in an amount not to exceed $2,500. Expense
reimbursements will cover the following:
Mandatory SEC/MSRB Compliance Requirements & Reporting
Data Services (Bloomberg, Thompson Reuters, DBC)
UFI is also available on a project or hourly basis. Below are the hourly rates of proposed positions;
typically, most of the work is completed by Managing Directors and Directors.
Fiduciary Duty
Urban Futures, Inc. is registered as a Municipal Advisor with the Securities and Exchange
Commission (“SEC”) and Municipal Securities Rulemaking Board (“MSRB”). As such, Urban
Futures, Inc. has a Fiduciary Duty to the City and must provide both a Duty of Care and a Duty of
Loyalty that entails the following.
Duty of Care:
a) exercise due care in performing its municipal advisory activities;
Hourly Rate Schedule
Position Rate
CEO/President $350
Managing Director $325
Director $300
Senior Associate $175
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b) possess the degree of knowledge and expertise needed to provide the City with informed
advice;
c) make a reasonable inquiry as to the facts that are relevant to the City’s determination as to
whether to proceed with a course of action or that form the basis for any advice provided
to the City; and
d) undertake a reasonable investigation to determine that Urban Futures, Inc. is not forming
any recommendation on materially inaccurate or incomplete information; Urban Futures,
Inc. must have a reasonable basis for:
i. any advice provided to or on behalf of the City;
ii. any representations made in a certificate that it signs that will be reasonably
foreseeably relied upon by the City, any other party involved in the municipal
securities transaction or municipal financial product, or investors in the City
securities; and
iii. any information provided to the City or other parties involved in the municipal
securities transaction in connection with the preparation of an official statement.
Duty of Loyalty:
Urban Futures, Inc. must deal honestly and with the utmost good faith with the City and act in the
City’s best interests without regard to the financial or other interests of Urban Futures, Inc. Urban
Futures, Inc. will eliminate or provide full and fair disclosure (included herein) to the City about
each material conflict of interest (as applicable). Urban Futures, Inc. will not engage in municipal
advisory activities with the City as a municipal entity, if it cannot manage or mitigate its conflicts
in a manner that will permit it to act in the City’s best interests.
Conflicts of Interest and Other Matters Requiring Disclosures
As of the date of the Agreement, there are no actual or potential conflicts of interest that
Urban Futures, Inc. is aware of that might impair its ability to render unbiased and
competent advice or to fulfill its fiduciary duty. Urban Futures, Inc. represents that in
connection with the issuance of municipal securities, Urban Futures, Inc. may receive
compensation from the City for services rendered, which compensation is contingent upon
the successful closing of a transaction and/or is based on the size of a transaction.
Consistent with the requirements of MSRB Rule G-42, Urban Futures, Inc. hereby
discloses that such contingent and/or transactional compensation may present a potential
conflict of interest regarding Urban Futures, Inc.’s ability to provide unbiased advice to
enter into such transaction. This conflict of interest will not impair Urban Futures, Inc.’s
ability to render unbiased and competent advice or to fulfill its fiduciary duty to the City.
If Urban Futures, Inc. becomes aware of any potential conflict of interest that arises after
this disclosure, Urban Futures, Inc. will disclose the detailed information in writing to the
City in a timely manner.
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•The fee paid to Urban Futures, Inc. increases the cost of investment to the City. The
increased cost occurs from compensating Urban Futures, Inc. for municipal advisory
services provided.
•Urban Futures, Inc. does not act as principal in any of the transaction(s) related to this
Agreement.
•During the term of the municipal advisory relationship, this agreement will be promptly
amended or supplemented to reflect any material changes in or additions to the terms or
information within this agreement and the revised writing will be promptly delivered to the
City.
Urban Futures, Inc. does not have any affiliate that provides any advice, service, or product
to or on behalf of the client that is directly or indirectly related to the municipal advisory
activities to be performed by Urban Futures, Inc.;
Urban Futures, Inc. has not made any payments directly or indirectly to obtain or retain the
City’s municipal advisory business;
Urban Futures, Inc. has not received any payments from third parties to enlist Urban
Futures, Inc. recommendation to the City of its services, any municipal securities
transaction or any municipal finance product;
Urban Futures, Inc. has not engaged in any fee-splitting arrangements involving Urban
Futures, Inc. and any provider of investments or services to the City;
Urban Futures, Inc. does not have any other engagements or relationships that might impair
Urban Futures, Inc.’s ability either to render unbiased and competent advice to or on behalf
of the City or to fulfill its fiduciary duty to the City, as applicable; and
Urban Futures, Inc. does not have any legal or disciplinary event that is material to the
City’s evaluation of the municipal advisory or the integrity of its management or advisory
personnel.
Legal Events and Disciplinary History
Urban Futures, Inc. does not have any legal events and disciplinary history on its Form MA and
Form MA-I, which includes information about any criminal actions, regulatory actions,
investigations, terminations, judgments, liens, civil judicial actions, customer complaints,
arbitrations and civil litigation. The City may electronically access Urban Futures, Inc.’s most
recent Form MA and each most recent Form MA-I filed with the Commission at the following
website: www.sec.gov/edgar/searchedgar/companysearch.html.
There have been no material changes to a legal or disciplinary event disclosure on any Form MA
or Form MA-I filed with the SEC.
Recommendations
If Urban Futures, Inc. makes a recommendation of a municipal securities transaction or municipal
financial product or if the review of a recommendation of another party is requested in writing by
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the City and is within the scope of the engagement, Urban Futures, Inc. will determine, based on
the information obtained through reasonable diligence of Urban Futures, Inc. whether a municipal
securities transaction or municipal financial product is suitable for the City. In addition, Urban
Futures, Inc. will inform the City of:
the evaluation of the material risks, potential benefits, structure, and other characteristics
of the recommendation;
the basis upon which Urban Futures, Inc. reasonably believes that the recommended
municipal securities transaction or municipal financial product is, or is not, suitable for the
City; and
whether Urban Futures, Inc. has investigated or considered other reasonably feasible
alternatives to the recommendation that might also or alternatively serve the City’s
objectives.
If the City elects a course of action that is independent of or contrary to the advice provided by
Urban Futures, Inc., Urban Futures, Inc. is not required on that basis to disengage from the City.
Record Retention
Effective July 1, 2014, pursuant to the Securities and Exchange Commission (SEC) record
retention regulations, Urban Futures, Inc. is required to maintain in writing, all communication
and created documents between Urban Futures, Inc. and the City for 5 years.
If the foregoing terms meet with your approval, please indicate your acceptance by executing both
copies of this letter and returning one copy.
Sincerely,
Michael Busch, CEO,
Urban Futures, Inc.
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CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
FISCAL YEAR 2021/22 BONDED CFDs BOND COUNSEL SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective
this _____ day of __________, 2021 (“Effective Date”) by and between the CITY OF MENIFEE,
a California municipal corporation, (“City”) and STRADLING YOCCA CARLSON &
RAUTH, a California Corporation (“Consultant”). City and Consultant may sometimes herein be
referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the “Services”). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on July 1, 2021 and
shall end on June 30, 2022 unless the term of this Agreement is otherwise terminated or extended
as provided for in Section 8. The time provided to Consultant to complete the Services required
by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in
Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a
provider of first class work and services and Consultant is experienced in performing the Services
contemplated herein and, in light of such status and experience, Consultant shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its profession and to the sole satisfaction of the
Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City, reassign such person or
persons.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations
hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
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1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City
employees during the performance of the Services, Consultant shall comply with all State, County,
and local emergency orders, directives, protocols, and best practices related to the COVID-19
pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate
physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed TWO HUNDRED TEN
THOUSAND DOLLARS AND ZERO CENTS ($210,000.00) notwithstanding any contrary
indications that may be contained in Consultant’s proposal, for the Services to be performed and
reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail.
City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in
the manner set forth herein. The payments specified below shall be the only payments from City
to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all
invoices to City in the manner specified herein. Except as specifically authorized in advance by
City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
b. The beginning and ending dates of the billing period;
c. A “Task Summary” containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under this Agreement, and the
percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due
pursuant to this Agreement within sixty (60) days after completion of the Services and submittal
to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant’s use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
required to furnish any facility that may involve incurring any direct expense, including but not
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limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions of the California
Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO
MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
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b. Minimum scope of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
c. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees, agents,
and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have the
right to exercise, at Consultant’s sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
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d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference:
FISCAL YEAR 2021/22 BONDED CFDs BOND COUNSEL SERVICES. The name and
address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation
is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an
additional insured for liability arising out of ongoing and completed operations by or on behalf of
Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall
provide written notice to City within ten (10) working days if: (1) any of the required insurance
policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible
or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles
owned, leased, or used by Consultant in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection afforded
to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any of the
Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
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insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies, which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
“Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
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5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
all of its officers, employees, officials, volunteers, and agents from and against any and all Claims,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any
of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be
paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages, as determined by the Director of Industrial Relations of the State
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of California, will be the minimum paid to all laborers, including Consultant’s employee and
subcontractors. It is understood that it is the responsibility of Consultant to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any
party performing the Services of any applicable local, state, and/or federal law, including, without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time, or any other similar law;
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781, as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’
written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
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8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a determination
of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant’s proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the
terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services described in
Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the
Services.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Consultant prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above, prepared pursuant to this Agreement
are prepared specifically for City and are not necessarily suitable for any future or other use. Any
use of such documents for other projects by City shall be without liability to Consultant. City and
Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other
documents are confidential and will not be released to third parties without prior written consent
of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which
are prepared or caused to be prepared by Consultant under this Agreement (“Documents and
Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents and Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents and Data. Consultant makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Consultant or
provided to Consultant by the City. City shall not be limited in any way in its use of the Documents
and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum of three (3) years, or for any longer period required by law, from
the date of final payment to Consultant under this Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of
this Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
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SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to
any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. In the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit
of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Brian P. Forbath (“Consultant’s Representative”). The Consultant’s Representative
shall have full authority to represent and act on behalf of Consultant for all purposes under this
Agreement. The Consultant’s Representative shall supervise and direct the Services, using his
best skill and attention, and shall be responsible for all means, methods, techniques, sequences,
and procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Rochelle Clayton, Deputy City Manager (“Contract Administrator”). All
correspondence shall be directed to or through the Contract Administrator or his designee. The
Contract Administrator shall have the power to act on behalf of City for all purposes under this
Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction
or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
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STRADLING YOCCA CARLSON & RAUTH
Attn: Brian P. Forbath
660 NEWPORT CENTER DRIVE, SUITE 1600
NEWPORT BEACH, CA 92660
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Rochelle Clayton, Deputy City Manager
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator, the first page of a technical report, first page of design specifications, and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and
Signature of Registered Professional with report/design responsibility,” as in the following
example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative
and the exercise by either Party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either written or
oral. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of
the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
(iv) that entering into this Agreement does not violate any provision of any other Agreement to
which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors,
assigns, and all persons claiming under or through them, that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event of any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award, terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant, in connection with the award of this Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
Item Title:10.6 Fiscal Year 2021/22 Bonded CFDs Formation and Consulting Services Agreements
Item Page Number:55
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Brian Forbath, President/Shareholder
Brad Neal, Vice President/Shareholder
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title:10.6 Fiscal Year 2021/22 Bonded CFDs Formation and Consulting Services Agreements
Item Page Number:56
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EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide comprehensive bonded CFD Bond Counsel (Formation) services in the
amount not to exceed TWO HUNDRED TEN THOUSAND DOLLARS AND ZERO
CENTS ($210,000.00) as further detailed in the following pages.
Item Title:10.6 Fiscal Year 2021/22 Bonded CFDs Formation and Consulting Services Agreements
Item Page Number:57
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Item Title:10.6 Fiscal Year 2021/22 Bonded CFDs Formation and Consulting Services Agreements
Item Page Number:58
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Item Title:10.6 Fiscal Year 2021/22 Bonded CFDs Formation and Consulting Services Agreements
Item Page Number:59
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2671/031858-0001
7630421.2 a00/00/00
EXHIBIT A
Item Title:10.6 Fiscal Year 2021/22 Bonded CFDs Formation and Consulting Services Agreements
Item Page Number:60
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Item Title:10.6 Fiscal Year 2021/22 Bonded CFDs Formation and Consulting Services Agreements
Item Page Number:61
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Item Title:10.6 Fiscal Year 2021/22 Bonded CFDs Formation and Consulting Services Agreements
Item Page Number:62
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Item Title:10.6 Fiscal Year 2021/22 Bonded CFDs Formation and Consulting Services Agreements
Item Page Number:63
Menifee Mayor and City Council August 18,2021
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CITY OF MENIFEE
SUBJECT: Cooperative Agreement for Line A, J and N Storm Drain for
Audie Murphy Ranch Development by Sutter Mitland 01, LLC
MEETING DATE: August 18, 2021
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Cooperative Agreement between
Riverside County Flood Control and Water Conservation District, City of Menifee, and Sutter
Mitland 01, LLC for the construction, ownership, operation and maintenance of the Salt Creek
Audie Murphy Ranch Lines A, J, and N Storm Drain.
DISCUSSION
Sutter Mitland 01, LLC, (Developer) constructed certain flood control facilities to provide flood
protection and drainage for the development of Audie Murphy Ranch. The facilities are identified
as Riverside County Flood Control and Water Conservation District (Flood Control District) Salt
Creek – Audie Murphy Ranch Lines A, J, and N as shown in the attached Project Map, and are
listed below:
Salt Creek – Audie Murphy Ranch Line A and Laterals, Stage 1 which is comprised of
approximately 4,004 lineal feet of underground storm drain system. At its downstream terminus,
Line A will connect to the Salt Creek Channel.
Salt Creek – Audie Murphy Ranch Line J and Laterals, Stage 1 which is comprised of
approximately 3,054 lineal feet of underground storm drain system. At its downstream terminus,
Line J will connect to the Salt Creek Channel.
Salt Creek – Audie Murphy Ranch Line J and Laterals, Stage 2 which is comprised of
approximately 4,078 lineal feet of underground storm drain system. At its downstream terminus,
Line J Stage 2 will connect to Line J Stage 1
Salt Creek – Audie Murphy Ranch Line N and Laterals, Stage 1 which is comprised of
Item Title:10.7 Cooperative Agreement for Line A,J and N Storm Drain for Audie Murphy Ranch Development by Sutter
Mitland 01,LLC
Menifee Mayor and City Council August 18,2021
Page 191 of 345
City of Menifee Staff Report
Agreement for Audie Murphy Ranch Lines A, J and N Storm Drain
August 4, 2021
Page 2 of 2
6
1
7
approximately 309 lineal feet of underground storm drain system. At its downstream terminus,
Line N will connect to the Salt Creek Channel.
The above-described facilities will be owned and operated by the Flood Control District as District
Drainage Facilities. The City will be responsible for the appurtenances associated with the
construction of the project, including catch basins, connector pipes and storm drain lines that are
36 inches or less in diameter located within City right-of-way. The portions of Line A that are in
private areas outside of City right-of-way will be Developer Facilities, owned and operated by the
homeowner’s association.
The Flood Control District Drainage Facilities, the City Facilities, and Developer Facilities are
together called the “Project” in the attached proposed cooperative agreement proposed. The
agreement memorializes the responsibilities of each party in the construction, inspection,
ownership, operation and maintenance of the District, City, and Developer Facilities. The
agreement was reviewed and approved by both the City Attorney and the Riverside County
Counsel. Following City Council action, this item will be presented to the Riverside County Board
of Supervisors. Upon approval of both bodies, the agreement will be executed.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
There is no fiscal impact to the City at this time. The Developer is responsible for all costs that
were incurred in constructing the Project. Upon acceptance of the Project, the Flood Control
District will be responsible for the operation and maintenance of the District Drainage Facilities,
and the City will be responsible for City Facilities identified in the agreement and will begin
budgeting those maintenance costs in the fiscal year following acceptance.
ATTACHMENTS
1. Project Map
2. Cooperative Agreement
Item Title:10.7 Cooperative Agreement for Line A,J and N Storm Drain for Audie Murphy Ranch Development by Sutter
Mitland 01,LLC
Menifee Mayor and City Council August 18,2021
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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Mitland 01,LLC
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CITY OF MENIFEE
SUBJECT: Agreement with Copp Contracting Inc., for Rancho LaVita
Resurfacing, CIP 21-16
MEETING DATE: August 18, 2021
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute an Owner-Contractor Agreement with
Copp Contracting Inc., for CIP 21-16, Rancho LaVita Resurfacing, in the amount of
$799,364.75; and
2. Authorize the City Manager to execute change orders(s) for unanticipated expenditures
required to execute the construction of the project, in an amount not-to-exceed 10% of the
contract amount or $79,936.47; and
3. Approve Budget Adjustment Resolution carrying forward CIP 21-16 Rancho LaVita
Resurfacing Project budget from Fiscal Year 2020-2021 into the Fiscal Year 2021-2022
budget; and
4.Authorize the City Manager to execute the Utility Relocation Agreement between the City of
Menifee and Eastern Municipal Water District for reimbursement of costs related to the
relocation of water facilities for Rancho LaVita Resurfacing, CIP 21-16, located north of McCall
Blvd, between Sherman Road and Chatham Lane.
DISCUSSION
The Rancho LaVita community is a residential neighborhood located north of McCall Blvd,
between Sherman Road and Chatham Lane. The original work limits are bounded by the
following residential streets: Avenida Interno, Via Real, Avenida Halago, Camino Claraboya,
Camino Bella, Camino Donaire, Via Entrada, Tiogan Lane, Concord Lane, and Allen Way.
In addition, staff is recommending increasing the work limits through a change order to include
Chatham Lane north of Tiogan Lane. Chatham Lane was inadvertently left out of the original
Item Title:10.8 Agreement with Copp Contracting Inc.,for Rancho LaVita Resurfacing,CIP 21-16
Item Page Number:1
Menifee Mayor and City Council August 18,2021
Page 233 of 345
City of Menifee Staff Report
CIP 21-16 Rancho LaVita Resurfacing
August 18, 2021
Page 2 of 4
6
4
6
work limits as it appeared to be a boundary road that was not fully developed. However, due to
bids coming in lower than expected, the north portion of Chatham Lane will be included in this
project as a change order as sufficient funding is available. The southern portion of Chatham
Lane will not be included in the scope of work due to anticipated development in the near future.
The project improvements consist of resurfacing the existing road with grind and overlay. The
road will be re-striped where appropriate. Existing non-compliant accessible curb ramps will be
removed and replaced with compliant accessible curb ramps. The length of the project along
these two neighborhoods is approximately 1.8 linear miles and will disturb approximately 358,000
square feet (8.2 acres) of pavement.
The City’s Capital Improvement Program (CIP) staff have been working with Eastern Municipal
Water District (EMWD) to adjust existing water utilities that are in direct conflict with the proposed
project. EMWD owns and maintains all water and sewer appurtenances in this neighborhood.
Through research and coordination with EMWD, it was determined that the City has prior
easement rights that supersede EMWD’s. EMWD is therefore 100% liable for any relocation
costs associated with this project. Relocation costs are estimated to be $17,035 (indicated on line
items 13 and 14 on the attached bid schedule), however the actual total reimbursement cost will
be determined upon completion of work. The attached utility relocation agreement details the
scope of the relocation efforts and mechanisms to reimburse the City for the work to relocate
EWMD’s facilities.
Following the California Public Contract Code, the project was legally advertised, and the
electronic bid opening was held on July 26, 2021 at 10:00 am. A total of 11 bids were received,
and the results are shown below.
Bidders (Lowest to Highest)Bid Amount
Lowest
Responsive &
Responsible
Bidder
Engineer’s Estimate $951,100.00
Copp Contracting, Inc.$799,364.75 X
Hardy and Harper Inc.$839,000.00
Onyx Paving Company, Inc.$844,000.00
R.J. Noble Company $854,640.00
Vance Corporation $866,863.50
EBS General Engineering $892,824.00
All American Asphalt $898,463.00
Item Title:10.8 Agreement with Copp Contracting Inc.,for Rancho LaVita Resurfacing,CIP 21-16
Item Page Number:2
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Page 234 of 345
City of Menifee Staff Report
CIP 21-16 Rancho LaVita Resurfacing
August 18, 2021
Page 3 of 4
6
4
6
L.C. Paving & sealing, Inc.$923,148.18
Hillcrest Contracting, Inc.$985,962.00
Christensen Brothers General $986,611.01
I.E. General Engineering, Inc.$1,178,965.00
City Staff reviewed the apparent lowest bid from Copp Contracting, Inc.. and has determined that
its bid meets all the requirements for recommendation as the responsive and responsible bidder.
Construction management and inspection will be performed by City staff; while material testing
and labor compliance will be performed by City consultants. Construction costs for the project are
outlined below:
Construction Contract:$799,364.75
Construction Contingency: $79,936.47
Consultant Labor Compliance: $8,625.00
Construction Management/Inspection $0
Materials Testing/Geotechnical $14,415.00
Total Construction Cost:$902,341.22
Tentative Project Schedule:
Anticipated Construction Start Date: September 8, 2021
Estimated Construction Completion Date: November 10, 2021*
Estimated Council Acceptance Date: January 20, 2022
*Assumes no delays due to weather or unforeseen conditions.
Funds will need to be carried over from the Fiscal Year 2020-2021 budget ahead of the CIP Carry
Over schedule to ensure fund availability in Fiscal Year 2021-2022 to begin construction and
maintain estimated project schedule.
Environmental Impact
The proposed use has been determined to fall within the “Class 1 (Existing Facilities) exemption
under the California Environmental Quality Act (CEQA) and its implementing guidelines. (14 Cal.
Code Regs. § 15301.) The Class 1 exemption covers the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,
or topographical features, involving negligible or no expansion of use beyond that existing at the
time of the lead agency’s determination. Class 1 includes the following example of a project that
would be exempt under this section: (c) [minor alterations to] Existing highways and streets,
sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading
Item Title:10.8 Agreement with Copp Contracting Inc.,for Rancho LaVita Resurfacing,CIP 21-16
Item Page Number:3
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City of Menifee Staff Report
CIP 21-16 Rancho LaVita Resurfacing
August 18, 2021
Page 4 of 4
6
4
6
for the purpose of public safety). The project is for the resurfacing of an existing paved road and
upgrades to accessible ramps as described above. All improvements are within existing city right-
of-way. The proposed improvements are a negligible expansion of the existing use. The
improvements described above are considered minor alterations to existing streets or similar
facilities. The project is therefore exempt per Section 15301.
The proposed project is also exempt under the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment. Where it can be seen
with certainty that there is no possibility that the activity in question may have a significant effect
on the environment, the activity is not subject to CEQA (14 Cal. Code Regs. § 15061(b)(3)). Hre,
there is no possibility that the activity in question will have a significant effect on the environment
because it is occurring in an area that is already heavily disturbed and is not environmentally
sensitive.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
Per the recommended action, funding is available in the Fiscal Year 2020-2021 project budget
recommended for carry over ahead of the annual CIP Carry Over schedule. The total fiscal impact
of the project will be $902,341.22. Associated costs will be funded by the following accounts for
the Fiscal Year 2021-2022 budget:
Description Account #Total Allocated Funds ($)for
Project
Measure DD-Rancho LaVita
Community Road Resurfacing
105-4555-58115 $902,341.22
TOTAL $902,341.22
ATTACHMENTS
1. CIP 21-16 Location
2. Agreement with Copp Contracting for CIP 21-16
3. Utility Relocation Agreement EMWD
4. Budget Adjustment Resolution
Item Title:10.8 Agreement with Copp Contracting Inc.,for Rancho LaVita Resurfacing,CIP 21-16
Item Page Number:4
Menifee Mayor and City Council August 18,2021
Page 236 of 345
Item Title:10.8 Agreement with Copp Contracting Inc.,for Rancho LaVita Resurfacing,CIP 21-16
Item Page Number:5
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Page 237 of 345
290/031858-0008
7645681.2 a02/25/21 Page 1
CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP 21-16 RANCHO LAVITA RESURFACING PROJECT
This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above
referenced Project by and between the City of Menifee (“Agency”), and COPP
CONTRACTING, INC. (“Contractor”), whose principal business address is 6751 STANTON
AVE, BUENA PARK, CA 90621 on the ________ day of ______________, 20__.
In consideration of the mutual covenants and agreements set forth herein, the Agency and
Contractor have mutually agreed as follows:
1. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and
equipment necessary to construct and complete the Project in accordance with the Contract
Documents (as hereinafter defined), including all work, labor, services, materials and equipment
described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto
and incorporated herein by reference (such construction and furnishing of labor, service, materials
and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner
and to the satisfaction of the Agency, in connection with the CIP 21-16 RANCHO LAVITA
RESURFACING PROJECT to be constructed at the Various Streets in the City of Menifee,
California. The term Contract Documents shall mean this Agreement, and all of the items
enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect
thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall
be deemed revised in accordance with any revisions for which Agency’s consent has been issued.
Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null
and void.
2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work
performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit
“B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the
Contractor shall be made in the manner described in the Special Provisions.
3. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing requirements
shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid
and Contract Documents.
The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive
of maintenance periods, within the specified duration set forth in the Notice to Proceed.
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4. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.
5. COVID-19 SAFETY
If Contractor or subcontractor(s) enters City property or meets in person with City
employees during the performance of the Services, Consultant shall comply with all State,
County, and local emergency orders, directives, protocols, and best practices related to the
COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B)
maintaining adequate physical distancing when possible, (C) regular hand washing, and
(D) regular hand sanitizing.
6. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered
with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the
Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement
by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.]
7. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any
qualified person, or bar or discharge from employment any person, or discriminate against any
person, with respect to such person’s compensation, terms, conditions or privileges of employment
because of such person’s race, religious status, sex or age.
8. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized
representative in the interpretation and enforcement of all Work performed in connection with this
Agreement. The City Engineer may delegate authority in connection with this Agreement to
his/her assigned designees.
9. WORKERS’ COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions
of Section 3700 of the Labor Code, which requires every employer to be insured against liability
for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of
that Code, and I will comply with such provisions before commencing the performance of the
Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements
of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause
each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which
requires every employer to be insured against liability for worker’s
compensation or to undertake self-insurance in accordance with the
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provisions of that Code, and I will comply with such provisions before
commencing the performance of the Work of this Agreement.”
10. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor
with respect to the Work. In the event of conflict between the terms of this Agreement and the bid
of the Contractor, then this Agreement shall control and nothing herein shall be considered as an
acceptance of the terms of the bid conflicting herewith.
11. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records
and other evidence pertaining to costs incurred and shall make such materials available at its office
at all reasonable times during the term of this Agreement and for three (3) years from the date of
final payment under this Agreement, for inspection by Agency and copies thereof shall be
furnished to Agency if requested.
12. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and
shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the
right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this
Agreement; however, Agency shall not have the right to control the means by which Contractor
accomplishes such services.
13. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, permits, qualifications and
approvals of whatever nature which are legally required to practice its profession. Contractor
represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect
at all times during the term of this Agreement, any licenses, permits, qualifications or approvals
which are legally required for Contractor to practice its profession.
14. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the
laws of the State of California, and the appropriate venue for any action or proceeding arising from
this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside,
Temecula Branch
15. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all
purposes be deemed to be an original.
16. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered
fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the
False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties
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where a person knowingly submits a false claim to a public entity. These provisions include within
their scope false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information. In the event the Agency seeks to recover
penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including
attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor
to an administrative debarment proceeding wherein Contractor may be prevented from further
bidding on public contracts for a period of up to five (5) years.
I have read and understood all of the provisions of this Section 15, above:
(Initial) (Initial)
17. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other
than by an amendment in writing and signed by the Agency and the Contractor.
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
AGENCY:
City of Menifee
By:
Armando G. Villa, City Manager
CONTRACTOR:
By:
Name: Ezekiel A. Copp _____
Its: President
APPROVED AS TO FORM:
By:
Jeffrey T. Melching, City Attorney
By:
Name: Erlinda Copp
Its: Secretary
ATTEST:
By:
Sarah A. Manwaring, City Clerk Contractor’s City Business License No.
384209; A
State Contractor License No. & Class
6751 STANTON AVE
Street Address
BUENA PARK, CA 90621
City, State, Zip Code
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[NOTE: In the event the Contractor is a Corporation, the signatures of two separate
persons holding different offices must be provided.]
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EXHIBIT A
CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Standard Specifications for Public Works Construction and Regional Supplements
State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards
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EXHIBIT B
CONTRACT PRICE
Seven Hundred Ninety Nine Thousand Three Hundred Sixty Four Dollars and Seventy Five
Cents ($799,364.75)
The Contract Price for performing all Work described in the Contract Documents, including labor,
materials, services and equipment is the total amount of all lump sum items and of all unit price
sums, determined by multiplying the unit price for each item times the actual quantity of each such
item, as determined by the Agency.
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Item Title:10.8 Agreement with Copp Contracting Inc.,for Rancho LaVita Resurfacing,CIP 21-16
Item Page Number:19
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Page 251 of 345
UTILITY AGREEMENT – Eastern Municipal Water District Page 1 of 5
UTILITY RELOCATION AGREEMENT
BETWEEN THE CITY OF MENIFEE AND EASTERN MUNICIPAL WATER DISTRICT
FOR THE CIP 21-16 RANCHO LAVITA RESURFACING
This Utility Relocation Agreement (“Agreement”) is entered into by and between City of Menifee (“CITY”)
and Eastern Municipal Water District (“EMWD”) whose address is 2270 Trumble, Road Perris, CA
92570
CITY proposes to improve existing Rancho LaVita neighborhood which include the following streets:
Avenida Interno, Via Real, Avenida Halago, Camino Claraboya, Camino Bella, Camino Donaire, Via Entrada,
Tiogan Lane, Concord Lane and Ethan Allen Way all in the City of Menifee, California, hereinafter referred to
as “PROJECT”. As part of this PROJECT, the existing street will be improved. EMWD owns, operates, and
maintains 8” PVC & VCP sewer pipelines, 8” PVC & ACP water pipelines, and 6” ACP water
pipelines,located within PROJECT limits. The existing manholes and water valve covers will need to be
adjusted vertically.
Therefore, it is hereby mutually agreed between CITY and EMWD that:
I. WORK TO BE DONE
A. CITY shall prepare plans for vertical adjustment of sewer manholes, and water valve covers.
B. CITY shall adjust manholes, and water valve covers to proposed grade.
C. All work shall be performed substantially in accordance with EMWD’s water and sewer standard.
EMWD hereby acknowledges review of CITY’s plans for work and agrees to the construction in the
manner approved.
D. Deviations from the work described above, initiated by either CITY or EMWD, shall be agreed upon
by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by
CITY and agreed to/acknowledged by EMWD, will constitute an approved revision and are hereby
made a part hereof. No work under said deviation shall commence prior to written execution by
EMWD of the Revised Notice to Owner. Changes in the scope of the work will require an amendment
to this Agreement in addition to the Revised Notice to Owner.
E. EMWD shall have the right to inspect the work by CITY’s contractor during the adjustment to grade of
the manholes and water valve covers. Upon completion of work by CITY, EMWD agrees to accept
ownership and maintenance of the relocated facilities.
II. LIABILITY FOR WORK
A. Costs for relocation by CITY are to include, but are not limited to, all elements of planning, design,
construction, inspection, and project closeout.
B. The adjustment of manholes, and adjustment of water valve covers will be relocated at EMWD’s
expense and shall include all EMWD staff, consultant, inspection, and contractor costs.
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UTILITY AGREEMENT – Eastern Municipal Water District Page 2 of 5
III. PERFORMANCE OF WORK
A. CITY will administer the construction contract to adjust the manholes and water valves to grade on CIP
21-16 Rancho LaVita Improvement plans. CITY will provide construction management and inspection
as well.
B. EMWD shall have access to all phases of the facilities being adjusted by the CITY, as described in
Section I above, for the purpose of inspection to ensure that the work is in accordance with the
specifications contained in the PROJECT Construction Contract, however, all questions regarding the
work being performed by CITY will be directed to CITY’s Engineer for their evaluation and reply to
the question. EMWD shall retain the right to make final decisions that impact their facilities.
C. Engineering services for locating, making of surveys, preparation of plans, specifications, estimates,
supervision, and inspection are to be furnished by CITY.
D. Pursuant to Public Works Case No. 2001-059 determination by the California Department of Industrial
Relations dated October 25, 2002, work performed by the CITY’s contractor is a public work under the
definition of Labor Code Section 1720(a) and is therefore subject to prevailing wage requirement.
E. Work performed directly by EMWD’s employees falls within the exception of Labor Code Section
1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to
prevailing wages.
IV. PAYMENT FOR WORK
A. EMWD shall be solely responsible for costs associated with adjustment of manholes and water valves.
In the event additional work becomes necessary to complete this work, EMWD shall bear full financial
responsibility for all costs associated with the additional work.
B. As indicated under Section III, Performance of Work, EMWD will perform plan check and
construction inspection activities of facilities. The actual costs incurred by EMWD in its performance
of said work will be paid by EMWD.
C. It is understood and agreed that CITY will not pay for any betterment or increase in capacity of
EMWD’s facilities in the new location.
D. In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended
Agreement shall be executed by the parties to this Agreement prior to the payment of CITY’s final bill.
Any and all increases in costs that are the direct result of deviations from the work described in Section
I of this Agreement shall have the prior concurrence of EMWD.
E. Detailed records from which the billing is compiled shall be retained by CITY for a period of three
years from the date of the final payment and will be available for audit by CITY and/or Federal
auditors. EMWD agrees to comply with Contract Cost Principles and Procedures as set forth in 48
CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645.
F. As indicated under Section III, Performance of Work, CITY will: design, prepare plans, prepare
specifications, oversee and inspect all work. CITY shall perform the work at EMWD expense.
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UTILITY AGREEMENT – Eastern Municipal Water District Page 3 of 5
G. 90% of the reimbursements will be paid by EMWD to the CITY within the first 60 days after bids have
opened.
V. GENERAL CONDITIONS
A. If CITY’s PROJECT which precipitated this Agreement is canceled or modified so as to eliminate the
necessity of work described herein, CITY will notify EMWD in writing and CITY reserves the right to
terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms
and conditions for terminating this Agreement and reconciling outstanding costs/reimbursements due.
B. CITY shall prepare all documentation and obtain any and all environmental clearances as necessary for
the relocated facilities, including but not limited to compliance with requirements imposed under the
National Environmental Protection Act (NEPA) and the California Environmental Quality Act
(CEQA).
C. CITY represents and warrants that this Agreement is not subject to 23 CFR 635.410, the Buy America
provisions.
D. EMWD and CITY each hereby agree to indemnify, defend, and hold harmless the other party and their
respective directors, officials, officers, employees, and agents from and against any claims, actions,
damages, and liabilities arising out of or in any manner connected with the activities governed by this
Agreement due to any negligent acts, errors, or omissions or willful misconduct of the indemnifying
party performed in connection with such party's duties and obligations hereunder.
E. The undersigned individuals hereby warrant and represent that they each have full legal authority to
sign this Agreement and bind the respective party hereto.
F. This Agreement will be construed and interpreted under, and governed and enforced according to the
laws of the State of California.
G. This Agreement contains the entire agreement between the parties regarding the subject matter of this
Agreement. No subsequent agreement, representation, or promise made by either party hereto, or by or
to any employee, officer, agent or representative of either party, will be of any effect unless it is in
writing and executed by the party to be bound thereby. No person is authorized to make, and by
execution hereof each of the parties acknowledges that no person has made, any representation,
warranty, guaranty, or promise except as set forth herein; and no such agreement, statement,
representation, or promise that is not contained herein will be valid or binding on any of the parties.
H. This Agreement may be executed simultaneously in one or more counterparts, each of which will be
deemed an original, but all of which together will constitute one and the same instrument. For purposes
of this Agreement, facsimile and electronic signatures will be deemed to be original signatures.
I. Each of the parties has reviewed this Agreement and each has had the opportunity to have its respective
counsel review and revise this Agreement. Any rule of construction to the effect that ambiguities are to
be resolved against the drafting party will not apply in the interpretation of this Agreement or any
amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and
masculine, and singular number includes the plural, and the words “person” and “party” include
corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and
captions of the sections and subsections of this Agreement are for convenience and reference only, and
Item Title:10.8 Agreement with Copp Contracting Inc.,for Rancho LaVita Resurfacing,CIP 21-16
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UTILITY AGREEMENT – Eastern Municipal Water District Page 4 of 5
the words contained therein will in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
J. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal
or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights
and obligations of the Parties will be construed and enforced as if this Agreement did not contain the
particular part, term or provision held to be invalid.
VI. COST ESTIMATES AND WAIVERS
Please refer to Attachment A for quantities and reimbursement fees.
Reimbursement Agreement
Description EMWD CITY
Design
Adjust manholes and water
valves to grade.
CITY’s responsibility.
City’s cost to EMWD
Waived
Construction
Adjust manholes to grade Quantity = 31 EA CITY’s responsibility.
EMWD to reimburse CITY
for Construction
Adjust water valve covers
to grade
Quantity = 40 EA CITY’s responsibility.
EMWD to reimburse CITY
for Construction
TOTAL
Agency Estimate Costs:
Description EMWD CITY
Design Review Adjust manholes and water
valves to grade.
EMWD’s responsibility
EMWD’s cost to City
Waived
Inspection Fees Adjust manholes and water
valves to grade.
EMWD’s responsibility
EMWD’s cost to City
Waived
TOTAL $ Waive**$ Waive**
**EMWD and City agree to waive all design reviews, encroachment permits, and inspection fees.
**THE ACTUAL REIMBURSEMENT COST TO CITY BY EMWD FOR ITS SHARE OF THE
ABOVE-DESCRIBED WORK SHALL BE DETERMINED AT COMPLETION OF WORK.
Item Title:10.8 Agreement with Copp Contracting Inc.,for Rancho LaVita Resurfacing,CIP 21-16
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Page 255 of 345
UTILITY AGREEMENT – Eastern Municipal Water District Page 5 of 5
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
CITY OF MENIFEE:EASTERN MUNICIPAL WATER DISTRICT:
By By
Name Date Name Date
Title Title
APPROVAL RECOMMENDED:
By By
Name Date Name Date
Title Title
Item Title:10.8 Agreement with Copp Contracting Inc.,for Rancho LaVita Resurfacing,CIP 21-16
Item Page Number:24
Menifee Mayor and City Council August 18,2021
Page 256 of 345
RESOLUTION NO. 21-1045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
AMENDING THE FISCAL YEAR 2021/22 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2021/22
with Resolution number 21-1033 on June 2nd , 2021; and
WHEREAS, the City of Menifee does from time to time have unanticipated expenditures
arise; and
WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget
resources to continue the operations of the City of Menifee; and
WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2021/22
budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
Measure DD Fund Adopted FY 2021/22 Revenue Budget: $0
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT #AMOUNT
TOTAL:
Amended Measure DD Fund FY 2021/22 Revenue Budget: $0
Measure DD Fund Adopted FY 2021/22 Expenditure Budget: $14,949,819.56
2. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT #AMOUNT
September 1, 2021 CIP 21-16: Rancho La
Vita Resurfacing
Project
105-4555-58115 $902,341.22
TOTAL:$902,341.22
Amended Measure DD Fund FY 2021/22 Expenditure Budget: $15,852,160.78
3. Record Transfer of Funds:
Item Title:10.8 Agreement with Copp Contracting Inc.,for Rancho LaVita Resurfacing,CIP 21-16
Item Page Number:25
Menifee Mayor and City Council August 18,2021
Page 257 of 345
City of Menifee Resolution No. 21-XXX
Amending the Fiscal Year 2021/22 Quality of Life (Measure DD) Fund Budget
2
4
3
7
3
8
FROM ACCOUNT #TO ACCOUNT #AMOUNT
TOTAL:0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY
RESOLVE AS FOLLOWS:
The annual budget for the Quality of Life (Measure DD) Fund for the City of Menifee for
fiscal year 2021/22 is hereby increased and amended to reflect unanticipated revenues and
expenditures as follows:
Revenues:
Amended Measure DD Fund FY 2021/22 Budget $0
Expenditures:
CIP 21-16: Rancho La Vita Resurfacing Project $902,341.22
Amended Measure DD Fund FY 2021/22 Budget: $15,852,160.78
PASSED, APPROVED AND ADOPTED this 18th day of August 2021.
_____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney
Item Title:10.8 Agreement with Copp Contracting Inc.,for Rancho LaVita Resurfacing,CIP 21-16
Item Page Number:26
Menifee Mayor and City Council August 18,2021
Page 258 of 345
CITY OF MENIFEE
SUBJECT: Military Banner Program Policy No. CC-30 - Revision No. 1
MEETING DATE: August 18, 2021
TO: Mayor and City Council
PREPARED BY: Imelda Huerta, Senior Management Analyst
REVIEWED BY: Rochelle Clayton, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Review criteria for use of donations made to the Military Banner Program; and,
2. Adopt the first revision to City Council Policy No. CC-30, Military Banner Program Policy.
DISCUSSION
On February 19, 2020, the City Council adopted CC-30, the Military Banner Program Policy which
established procedures and protocols related to military banners. After further review, staff noted
there was $1,687.27 available in donation account 350-2216 for the program. Staff collaborated
and discussed criteria for use of available donation funds that would allow for a fair and equitable
process. Available donation funds could be utilized to fund a Military Banner upon request on a
first come-first use basis, if the service member is a current or previous City of Menifee resident,
or if the family currently resides in the City of Menifee, and one or more of the following criteria
has been met:
Fallen Hero
Service member received special recognition
Financial hardship (at the City’s discretion)
Additionally, if at the time of the donation, a clear name was not submitted for the banner(s) with
the donation(s) made, then the City of Menifee holds the authority and reserves the right to direct
how, who, where, and when the banner(s) are created, displayed or donated to, based on criteria
within the Banner Donation Policy.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
Item Title:12.1 Military Banner Program Policy No.CC-30 -Revision No.1
Item Page Number:1
Menifee Mayor and City Council August 18,2021
Page 259 of 345
City of Menifee Staff Report
CC-30 Military Banner Program Policy - Revision No. 1
August 18, 2021
Page 2 of 2
6
4
7
FISCAL IMPACT
There is no fiscal impact, aside from donations that may be made to the program. Staff will
evaluate donations as they are received to determine if a budget adjustment was required.
ATTACHMENTS
1. Redlined CC-30 Military Banner Program Policy
2. Updated CC-30 Military Banner Program Policy
Item Title:12.1 Military Banner Program Policy No.CC-30 -Revision No.1
Item Page Number:2
Menifee Mayor and City Council August 18,2021
Page 260 of 345
CITY OF MENIFEE
City Council Policy
Policy Number: CC-30
Approving Authority :
City Council
Subject
MILITARY BANNER PROGRAM POLICY Effective Date:
February 19, 2020
Last Modified:
1.SUMMARY
The Military Banner Program was created to recognize and celebrate Menifee residents or
their immediate family members (legal guardian, spouse, mother, father, daughter, son,
brother, sister, grandson, granddaughter) who have served or are currently serving in the
United States Armed Forces. The display of the military banners will contribute to the
community's quality of life which lends a special character to the City of Menifee.
The Menifee City Council has established the Military Banner Program to be administered
by the City in accordance with the terms and provisions set forth in this program.
2.DEFINITIONS
For purpose of this policy, the following phrases shall have the following definitions:
A."Active duty" means twelve (12) months of continuous and currently ongoing active
duty service in the United States Armed Forces.
B."Reservist" means twelve (12) months of being assigned to a Reserve unit in the
United States Armed Forces.
C."United States Armed Forces" means the United States Army, Marine Corps, Air
Force, Navy , Coast Guard, Merchant Marines, and National Guard-Active Reserve.
D."Veteran" means a person that (a) previously qualified as currently serving or active
duty in the United States Armed Forces, and (b) was honorably discharged from the
United States Armed Forces (and/or currently continues to serve as a reservist).
3.PURPOSE AND INTENT
In establishing this program, the City does not intend in any manner to create a public
forum or other means by which noncommercia,l social, religious, or political messages
may be conveyed, or by which public discourse, exchange of opinions, or discussion on
issues of any nature may occur. The sole and limited purpose of the Military Banner
Program is to recognize and honor the contribution of currently serving or active duty and
veterans of the United States Armed Forces by permitting the display of banners
containing the serviceperson's name, professional grade photo (if available) , and service
division. Consistent with the intent of the City, as expressed above, the City permits the
sponsorship and display of the Armed Forces banners solely in accordance with the
following policy:
Attachment 1 - Redlined Policy
Item Title:12.1 Military Banner Program Policy No.CC-30 -Revision No.1
Item Page Number:3
Menifee Mayor and City Council August 18,2021
Page 261 of 345
City of Menifee Policy CC-30
Page 2 of 5
MILITARY BANNER PROGRAM POLICY
4.BANNER CONTENT AND SPECIFICATIONS
A.The text of a banner must list the name of the person and United States Armed Forces
division. Refer to Exhibit 1 for sample banners.
B.No advertisement or other commercial speech shall be permitted on Military Banner
Program banners with the sole exception of non-profit agency sponsorship titles or
non-profit agency sponsorship logos with City staff approval.
5.ELIGIBILITY CRITERIA
A.Any person or organization can apply for a banner for a currently serving as a
reservist or active duty serviceperson in the United States Armed Forces, or a veteran
(an "honoree "). To be considered , the application must include a verification of the
honoree's military status. This can be verified through the recognized Military
Documents or Military Discharge Documents, such as orders , DD form 214, or military
identification for currently serving reservists or active duty servicepersons (collectively,
"verification documents").
B.The honoree must be a resident of the City of Menifee or immediate family member
(legal guardian, spouse, mother, father, daughter, son, brother, sister, grandson ,
granddaughter) of a current City of Menifee resident. Residency must be verified with
a recent utility bill, driver's license, or other form of identification listing a current City of
Menifee address as deemed appropriate by City of Menifee staff.
6.DISPLAY TERM
A.The banners will be displayed for a minimum of twelve (12) months and a maximum of
twenty-four (24) months. City of Menifee staff will exercise discretion as to when it is
appropriate to display the banners and for what duration depending on demand and
number of participants .
B.The banner shall be removed if:
i.the banner becomes damaged due to wind, age, vandalism , or other reasons as
solely determined by the City;
ii.the honoree no longer meets the eligibility criteria;
iii.the Military Banner Program is discontinued for any reason at the discretion of the
City Council ;
iv.all banner locations are filled, in which case the City shall have the right to replace
banners annua lly, thereby allowing those interested in the program to participate.
7.PROCESS AND REQUIREMENTS
A.Applications will be submitted to the City of Menifee by using thethe use of a form
provided by the City, and shall include the name of the proposed honoree, branch of
service, professional grade photo (if available), contact information of applicant, and a
copy of a form of identification in order to verify City of Menifee residency of either the
honoree or the honoree's immediate family member(s). A current sample of the
application form can be found on Exhibit 2.
Attachment 1 - Redlined Policy
Item Title:12.1 Military Banner Program Policy No.CC-30 -Revision No.1
Item Page Number:4
Menifee Mayor and City Council August 18,2021
Page 262 of 345
City of Menifee Policy CC-30
Page 3 of 5
MILITARY BANNER PROGRAM POLICY
The photograph submitted must be professional grade and have a minimum of 5"x7"
dimensions , be either in color or black and white, be of the proposed honoree in
uniform, and have a resolution of 300 dpi or higher if submitted electronically. If a
photograph is not available, banners can be prepared without the honoree's picture
(see Exhibit 1).
B.Verification documents for the proposed honoree must also be submitted or verified in
person. Not providing the accepted forms of verification documents will result in the
rejection of the application .
C.Applications must include payment for the cost of the banner, including installation and
removal, paid in full at the time of submittal. If an application is wait-listed , the
payment will be requested once a location becomes available and the applicat ion is
ready to be processed. If an application isbe deemed ineligible, then the cost will be
refunded to the applicant following the City of Menifee's Finance Department 's normal
reimbursement process and timeframe.
The cost per application is currently $135, which covers a portion of the costs of
application processing , banner design and fabrication , and the installation and removal
of the banner. The City reserves the right to change the application fee without prior
notice, and the City Council delegates author ity to the City Manager to make such
adjustments without further City Council action so long as the adjustment is less than
the current full cost of each banner application . Acceptable forms of payment are
limited to the methods of payment allowed by the City of Menifee's Finance
Department.
D.Applications may be submitted and will be processed on an on-going basis; however,
banners will be installed twice each fiscal year (July 1 - June 30), depending on pole
availability. Applications must be completed and submitted by March 1st to have a
banner placed in time for Memorial Day. Applicants who would like their banner
installed by Veteran's Day, must submit prior to September 1. 1s t .
The City has limited space for the placement of banners and space is assigned to
approved applications on a first-come , first-served basis. Due to space limitations, it is
possible that not all approved applications will be assigned a space. Approved
applications that are not assigned a space at the time of application approval shall be
placed on a waiting list to be processed for an assigned space as it becomes
available .
E.Only one banner per honoree is allowed. The lettering of the name and branch of the
serviceperson will be sized to fit the personalization area on the banner. Spelling of
the name will be taken directly from the application.
F.Once the application has been processed, the City will create the banner with a
manufacturing company selected on the City's staff sole discretion. Once
approved , applicants will be notified of approval and banner location.
Attachment 1 - Redlined Policy
Item Title:12.1 Military Banner Program Policy No.CC-30 -Revision No.1
Item Page Number:5
Menifee Mayor and City Council August 18,2021
Page 263 of 345
City of Menifee Policy CC-30
Page 4 of 5
MILITARY BANNER PROGRAM POLICY
G.The number of, and specific banner locations shall be determined solely by the City,
and may be revised without prior notice. An applicant may not pre-select a specific
location for the banner. Banner placement is determined by City staff and is currently
based on the availability of the poles. If the City in its discretion elects to relocate a
banner at the request of an applicant, all costs of relocation will be the sole
responsibility of the applicant, and shall be paid in full before the relocation occurs.
H.Military banners for Korean War veterans , Vietnam War veterans, and World War II
veterans will have preference in the Sun City community area. City staff will do their
best to accommodate the requests for these banners.
I.The City is responsible for the removal of banners that are due for removal, or are
damaged or destroyed due to age, vandalism , accidents , or any acts of nature,
including high winds, and excluding normal warranty repairs. The City is not
responsible for maintaining or repairing banners, or for replacing banners that are lost,
stolen, damaged, or destroyed due to age, vanda lism, accidents, or any acts of nature,
including high winds, aside from current normal warranty repairs. Applicants shall
either pay for the cost of maintenance or replacement and repair for the banner, or the
banner (if in disrepair) shall be removed.
J.Removed banners may, in the City's discretion, be returned to the applicant or
honoree during the City of Menifee's Memorial Day or Veteran's Day event. A
certificate, at the City's discretion, may also be presented to the applicant or honoree.
K.Applicants shall have no right of access to installed banners , but may request removal
of the installed banner for their specified honoree. Once a banner is removed
following such a request, the applicant shall have no further rights pursuant to this
policy.
L.Photographs submitted with the Military Banner Program application shall become
property of the City of Menifee. Photographs with names and military branches may
be posted on the City's website and may be used for other military-related events,
unless otherwise requested in writing by the applicant or honoree.
M.The right to have a banner displayed pursuant to this policy may not be transferred or
assigned .
N.Once a banner is removed, applicants may re-apply for a new banner after a waiting
period of 12 months to allow for other participants; however, City staff may use
discretion on the waiting period should no other banner(s) be waitlisted. If, after the
waiting period, an additional banner for an honoree is approved, the banner will be
placed in accordance with paragraph Vll(8), above; there is no guarantee that the
additional banner will be placed at the same location as the original banner.
O0 . The City of Menifee reserves the right to revise this policy, discontinue the Military
Banner Program and/or revise applicable fees without prior notice. If the program is
discontinued , each banner will be returned to the applicant to the City's best efforts
possible. The City is not responsible for returning banners to for applicants who do not
send in address changes and/or provide current address information to the City. The
Attachment 1 - Redlined Policy
Item Title:12.1 Military Banner Program Policy No.CC-30 -Revision No.1
Item Page Number:6
Menifee Mayor and City Council August 18,2021
Page 264 of 345
City of Menifee Policy CC-30
Page 5 of 5
MILITARY BANNER PROGRAM POLICY
City is also not responsible for any lost banners via inclement weather or via mail
during the return process. Please refer to section IX.
8.SPONSORSHIP & CRITERIA FOR DONATION USE
A.The City can will accept donations, per the City's donation policy, on an on-going
basis toto support the Military Banner Program. Any person or organization can be
a sponsor of a banner or the program. To make a donations in support of the program ,
checks can be made payable to City of Menifee; all donations can be and
mailed to or dropped off at:
City of Menifee
Attn: Military Banner Donations
29844 Haun Road
Menifee, CA 92586
B.Donation funds, if available and on a first come-first use basis, maycan be utilized upon
request to fund a Military Banner if the service
mMember is a current or previous City of
Menifee resident, or if the family currently resides in
the City of Menifee, and one or
more of the following criteria is met:
i.Fallen Herro
ii.Service member received special recognition
iii.Financial hardship (at the City’s discretion)
If at the time of the donation, a clear name is not submitted for the banner/s with the donation/s
made, then the City of Menifee holds the authority and reserves the right to direct how, who,
where, and when the banner/s are created, displayed or donated to, based on criteria within the
banner donation policy.
9.INDEMNIFICATION AND HOLD HARMLESS
The application form for the placement of banners shall require that each banner applicant
indemnify and hold the City of Menifee, and each of its elected officials, officers,
employees, agents , and volunteers free and harmless with respect to any and all liabilities,
claims, lawsuits and/or damages of any nature whatsoever that allegedly arise from or are
connected to the approval of the applicant's banner application , including the display of,
and/or damage to or loss of any banner or banners.
Revision History
Revision No. Date Approved Approved By: Comments
0 February 19, 2020 City Council Original Policy
1
Attachment 1 - Redlined Policy
Item Title:12.1 Military Banner Program Policy No.CC-30 -Revision No.1
Item Page Number:7
Menifee Mayor and City Council August 18,2021
Page 265 of 345
City of Menifee Policy CC-30
MILITARY BANNER PROGRAM POLICY
Date 1
Attachment 1 - Redlined Policy
Item Title:12.1 Military Banner Program Policy No.CC-30 -Revision No.1
Item Page Number:8
Menifee Mayor and City Council August 18,2021
Page 266 of 345
Attachment 2 – Updated Policy
4
3
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2
CITY OF MENIFEE
City Council Policy
Policy Number: CC-30
Approving Authority :
City Council
Subject
MILITARY BANNER PROGRAM POLICY
Effective Date:
February 19, 2020
Last Modified:
1.SUMMARY
The Military Banner Program was created to recognize and celebrate Menifee residents or
their immediate family members (legal guardian, spouse, mother, father, daughter, son,
brother, sister, grandson, granddaughter) who have served or are currently serving in the
United States Armed Forces. The display of the military banners will contribute to the
community's quality of life which lends a special character to the City of Menifee.
The Menifee City Council has established the Military Banner Program to be administered
by the City in accordance with the terms and provisions set forth in this program.
2.DEFINITIONS
For purpose of this policy, the following phrases shall have the following definitions:
A."Active duty" means twelve (12) months of continuous and currently ongoing active
duty service in the United States Armed Forces.
B."Reservist" means twelve (12) months of being assigned to a Reserve unit in the
United States Armed Forces.
C."United States Armed Forces" means the United States Army, Marine Corps, Air
Force, Navy, Coast Guard, Merchant Marines, and National Guard-Active Reserve.
D."Veteran" means a person that (a) previously qualified as currently serving or active
duty in the United States Armed Forces, and (b) was honorably discharged from the
United States Armed Forces (and/or currently continues to serve as a reservist).
3.PURPOSE AND INTENT
In establishing this program, the City does not intend in any manner to create a public
forum or other means by which noncommercial social, religious, or political messages
may be conveyed, or by which public discourse, exchange of opinions, or discussion on
issues of any nature may occur. The sole and limited purpose of the Military Banner
Program is to recognize and honor the contribution of currently serving or active duty and
veterans of the United States Armed Forces by permitting the display of banners
containing the serviceperson's name, professional grade photo (if available), and service
division. Consistent with the intent of the City, as expressed above, the City permits the
sponsorship and display of the Armed Forces banners solely in accordance with the
following policy:
Item Title:12.1 Military Banner Program Policy No.CC-30 -Revision No.1
Item Page Number:9
Menifee Mayor and City Council August 18,2021
Page 267 of 345
City of Menifee Policy CC-30
Page 2 of 5
MILITARY BANNER PROGRAM POLICY
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3
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2
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4.BANNER CONTENT AND SPECIFICATIONS
A.The text of a banner must list the name of the person and United States Armed Forces
division. Refer to Exhibit 1 for sample banners.
B.No advertisement or other commercial speech shall be permitted on Military Banner
Program banners with the sole exception of non-profit agency sponsorship titles or
non-profit agency sponsorship logos with City staff approval.
5.ELIGIBILITY CRITERIA
A.Any person or organization can apply for a banner for a currently serving reservist or
active duty serviceperson in the United States Armed Forces, or a veteran (an
"honoree"). To be considered, the application must include a verification of the honoree's
military status. This can be verified through the recognized Military Documents or
Military Discharge Documents, such as orders, DD form 214, or military identification for
currently serving reservists or active duty servicepersons (collectively, "verification
documents").
B.The honoree must be a resident of the City of Menifee or immediate family member
(legal guardian, spouse, mother, father, daughter, son, brother, sister, grandson,
granddaughter) of a current City of Menifee resident. Residency must be verified with
a recent utility bill, driver's license, or other form of identification listing a current City of
Menifee address as deemed appropriate by City of Menifee staff.
6.DISPLAY TERM
A.The banner will be displayed for a minimum of twelve (12) months and a maximum of
twenty-four (24) months. City of Menifee staff will exercise discretion as to when it is
appropriate to display the banners and for what duration depending on demand and
number of participants.
B.The banner shall be removed if:
i.the banner becomes damaged due to wind, age, vandalism, or other reasons as
solely determined by the City;
ii.the honoree no longer meets the eligibility criteria;
iii.the Military Banner Program is discontinued for any reason at the discretion of the
City Council;
iv.all banner locations are filled, in which case the City shall have the right to replace
banners annually, thereby allowing those interested in the program to participate.
7.PROCESS AND REQUIREMENTS
A.Applications will be submitted to the City of Menifee by using the form provided by the
City, and shall include the name of the proposed honoree, branch of service,
professional grade photo (if available), contact information of applicant, and a copy of
a form of identification in order to verify City of Menifee residency of either the honoree
or the honoree's immediate family member(s). A current sample of the application
form can be found on Exhibit 2.
Item Title:12.1 Military Banner Program Policy No.CC-30 -Revision No.1
Item Page Number:10
Menifee Mayor and City Council August 18,2021
Page 268 of 345
City of Menifee Policy CC-30
Page 3 of 5
MILITARY BANNER PROGRAM POLICY
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3
7
2
2
The photograph submitted must be professional grade and have a minimum of 5"x7"
dimensions, be either in color or black and white, be of the proposed honoree in
uniform, and have a resolution of 300 dpi or higher if submitted electronically. If a
photograph is not available, banners can be prepared without the honoree's picture
(see Exhibit 1).
B.Verification documents for the proposed honoree must also be submitted or verified in
person. Not providing the accepted forms of verification documents will result in the
rejection of the application.
C.Applications must include payment for the cost of the banner, including installation and
removal, paid in full at the time of submittal. If an application is wait-listed, the
payment will be requested once a location becomes available and the application is
ready to be processed. If an application is deemed ineligible, then the cost will be
refunded to the applicant following the City of Menifee's Finance Department's normal
reimbursement process and timeframe.
The cost per application is currently $135, which covers a portion of the costs of
application processing, banner design and fabrication, and the installation and removal of
the banner. The City reserves the right to change the application fee without prior
notice, and the City Council delegates authority to the City Manager to make such
adjustments without further City Council action so long as the adjustment is less than
the current full cost of each banner application. Acceptable forms of payment are
limited to the methods of payment allowed by the City of Menifee's Finance
Department.
D.Applications may be submitted and will be processed on an on-going basis; however,
banners will be installed twice each fiscal year (July 1 - June 30), depending on pole
availability. Applications must be completed and submitted by March 1 to have a
banner placed in time for Memorial Day. Applicants who would like their banner
installed by Veteran's Day, must submit prior to September 1.
The City has limited space for the placement of banners and space is assigned to
approved applications on a first-come, first-served basis. Due to space limitations, it is
possible that not all approved applications will be assigned a space. Approved
applications that are not assigned a space at the time of application approval shall be
placed on a waiting list to be processed for an assigned space as it becomes
available.
E.Only one banner per honoree is allowed. The lettering of the name and branch of the
serviceperson will be sized to fit the personalization area on the banner. Spelling of
the name will be taken directly from the application.
F.Once the application has been processed, the City will create the banner with a
manufacturing company selected on the City's staff sole discretion. Once
approved, applicants will be notified of approval and banner location.
Item Title:12.1 Military Banner Program Policy No.CC-30 -Revision No.1
Item Page Number:11
Menifee Mayor and City Council August 18,2021
Page 269 of 345
City of Menifee Policy CC-30
Page 4 of 5
MILITARY BANNER PROGRAM POLICY
4
3
7
2
2
G.The number of, and specific banner locations shall be determined solely by the City,
and may be revised without prior notice. An applicant may not pre-select a specific
location for the banner. Banner placement is determined by City staff and is currently
based on the availability of the poles. If the City in its discretion elects to relocate a
banner at the request of an applicant, all costs of relocation will be the sole
responsibility of the applicant, and shall be paid in full before the relocation occurs.
H.Military banners for Korean War veterans, Vietnam War veterans, and World War II
veterans will have preference in the Sun City community area. City staff will do their
best to accommodate the requests for these banners.
I.The City is responsible for the removal of banners that are due for removal, or are
damaged or destroyed due to age, vandalism, accidents, or any acts of nature, including
high winds, and excluding normal warranty repairs. The City is not responsible for
maintaining or repairing banners, or for replacing banners that are lost, stolen,
damaged, or destroyed due to age, vandalism, accidents, or any acts of nature,
including high winds, aside from current normal warranty repairs. Applicants shall
either pay for the cost of maintenance or replacement and repair for the banner, or the
banner (if in disrepair) shall be removed.
J.Removed banners may, in the City's discretion, be returned to the applicant or
honoree during the City of Menifee's Memorial Day or Veteran's Day event. A
certificate, at the City's discretion, may also be presented to the applicant or honoree.
K.Applicants shall have no right of access to installed banners, but may request removal
of the installed banner for their specified honoree. Once a banner is removed
following such a request, the applicant shall have no further rights pursuant to this
policy.
L.Photographs submitted with the Military Banner Program application shall become
property of the City of Menifee. Photographs with names and military branches may
be posted on the City's website and may be used for other military-related events,
unless otherwise requested in writing by the applicant or honoree.
M.The right to have a banner displayed pursuant to this policy may not be transferred or
assigned.
N.Once a banner is removed, applicants may re-apply for a new banner after a waiting
period of 12 months to allow for other participants; however, City staff may use
discretion on the waiting period should no other banner(s) be waitlisted. If, after the
waiting period, an additional banner for an honoree is approved, the banner will be
placed in accordance with paragraph Vll(8), above; there is no guarantee that the
additional banner will be placed at the same location as the original banner.
O. The City of Menifee reserves the right to revise this policy, discontinue the Military
Banner Program and/or revise applicable fees without prior notice. If the program is
discontinued, each banner will be returned to the applicant to the City's best efforts
possible. The City is not responsible for returning banners to for applicants who do not
send in address changes and/or provide current address information to the City. The
Item Title:12.1 Military Banner Program Policy No.CC-30 -Revision No.1
Item Page Number:12
Menifee Mayor and City Council August 18,2021
Page 270 of 345
City of Menifee Policy CC-30
Page 5 of 5
MILITARY BANNER PROGRAM POLICY
4
3
7
2
2
City is also not responsible for any lost banners via inclement weather or via mail
during the return process. Please refer to section IX.
8.SPONSORSHIP & CRITERIA FOR DONATION USE
A.The City can accept donations, per the City's donation policy, on an on-going basis
to support the Military Banner Program. Any person or organization can be a
sponsor of a banner or the program. To make donations in support of the program,
checks can be made payable to City of Menifee; all donations can be mailed to or
dropped off at:
City of Menifee
Attn: Military Banner Donations
29844 Haun Road
Menifee, CA 92586
B.Donation funds, if available and on a first come-first use basis, may be utilized upon
request to fund a Military Banner if the service member is a current or previous City of
Menifee resident, or if the family currently resides in the City of Menifee, and one or
more of the following criteria is met:
i. Fallen Hero
ii. Service member received special recognition
iii. Financial hardship (at the City’s discretion)
If at the time of the donation, a clear name is not submitted for the banner/s with the donation/s
made, then the City of Menifee holds the authority and reserves the right to direct how, who,
where, and when the banner/s are created, displayed or donated to, based on criteria within the
banner donation policy.
9.INDEMNIFICATION AND HOLD HARMLESS
The application form for the placement of banners shall require that each banner applicant
indemnify and hold the City of Menifee, and each of its elected officials, officers,
employees, agents , and volunteers free and harmless with respect to any and all liabilities,
claims, lawsuits and/or damages of any nature whatsoever that allegedly arise from or are
connected to the approval of the applicant's banner application , including the display of,
and/or damage to or loss of any banner or banners.
Revision History
Revision No.Date Approved Approved By:Comments
0 February 19, 2020 City Council Original Policy
1
_________________________________
Bill Zimmerman, Mayor
Item Title:12.1 Military Banner Program Policy No.CC-30 -Revision No.1
Item Page Number:13
Menifee Mayor and City Council August 18,2021
Page 271 of 345
CITY OF MENIFEE
SUBJECT: League of California Cities Annual Conference Voting
Delegate and Proposed Resolutions
MEETING DATE: August 18, 2021
TO: Mayor and City Council
PREPARED BY: Sarah A. Manwaring, City Clerk
REVIEWED BY: Sarah A. Manwaring, City Clerk
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Appoint a voting delegate to the League of California Cities Annual Conference scheduled for
September 22 – 24, 2021 in Sacramento and authorize the City Clerk to complete and return
the voting delegate/alternate form to the League of California Cities; and,
2. Discuss the proposed League of California Cities Resolutions and determine a City position
so that the voting delegate can represent the City at the League of California Cities’ annual
business meeting.
DISCUSSION
The League of California Cities will be holding its annual conference in Sacramento in September
of this year. In order for the City of Menifee to vote on matters during the annual business meeting,
a voting delegate must be appointed. To qualify as the voting delegate, the appointee must be
registered to attend the conference. The Councilmember registered to attend the conference is
Mayor Pro Tem Lesa Sobek. The League of California Cities must receive the voting delegate
form no later than Wednesday, September 15.
During the annual business meeting, scheduled for Friday, September 24, the League
membership will consider, and take action on, the following two Resolutions. It is encouraged that
the City Council discuss the Resolutions and determine a City position so that the voting delegate
can represent the City at the annual business meeting.
1) Calling on the State Legislature to pass legislation that provides for a fair and equitable
distribution of the Bradley Burns 1% local Sales Tax from in-state online purchases, based on
data where products are shipped to and that rightfully takes into consideration the impacts
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:1
Menifee Mayor and City Council August 18,2021
Page 272 of 345
City of Menifee Staff Report
Cal Cities Annual Conference
August 18, 2021
Page 2 of 2
6
3
3
that fulfillment centers have on host cities but also provides a fair share to California Cities
that do not and/or cannot have a fulfillment center withing their jurisdiction.
2) Calling on the Governor and the Legislature to provide necessary funding for California Public
Utilities Commission (CPUC) to fulfill its obligation to inspect railroad lines to ensure that
operators are removing illegal dumping, graffiti and homeless encampments that degrade the
quality of life and results in increased public safety concerns for communities and
neighborhoods that abut the railroad right-of-way.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
The voting delegate must be registered for the conference. The cost of registration is budgeted
for in account number 100-4110-52210.
ATTACHMENTS
1. Voting Delegate Form
2. Annual Conference Resolutions Packet
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:2
Menifee Mayor and City Council August 18,2021
Page 273 of 345
1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200
June 16, 2021 TO: City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference & Expo – September 22-24, 2021
Cal Cities 2021 Annual Conference & Expo is scheduled for September 22-24, 2021 in Sacramento. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 24. At this meeting, Cal Cities membership considers
and acts on resolutions that establish Cal Cities policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.
Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Wednesday, September 15. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note: Our number one priority will continue to be the health and safety of participants.
We are working closely with the Sacramento Convention Center to ensure that important protocols and cleaning procedures continue, and if necessary, are strengthened. Attendees can anticipate updates as the conference approaches.
• Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the
form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager
alone.
• Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open mid-June at www.cacities.org. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting.
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but
Council Action Advised by August 31, 2021
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:3
Menifee Mayor and City Council August 18,2021
Page 274 of 345
1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200
only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting
card to another city official.
• Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate
or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.
The Voting Delegate Desk, located in the conference registration area of the Sacramento Convention Center, will be open at the following times: Wednesday, September 22, 8:00 a.m. – 6:00 p.m.; Thursday, September 23, 7:00 a.m. – 4:00 p.m.; and Friday, September 24, 7:30 a.m.–11:30 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to
the League’s office by Wednesday, September 15. If you have questions, please call Darla Yacub at (916) 658-8254.
Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:4
Menifee Mayor and City Council August 18,2021
Page 275 of 345
1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200
CITY:________________________________________
2021 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Wednesday, September 15, 2021.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the
Annual Conference Registration Area. Your city council may designate one voting delegate and up
to two alternates.
To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be
designated by your city council. Please attach the council resolution as proof of designation. As an alternative,
the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the
council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting.
Admission to this designated area will be limited to individuals (voting delegates and alternates) who are
identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting
Delegate Desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE
Name: Name:
Title: Title:
PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR
ATTEST: I affirm that the information provided reflects action by the city council to designate the
voting delegate and alternate(s).
Name: ____________________________________ Email _________________________________
Mayor or City Clerk___________________________ Date____________ Phone________________
(circle one) (signature)
Please complete and return by Wednesday, September 15, 2021 to:
Darla Yacub, Assistant to the Administrative Services Director
E-mail: dyacub@cacities.org
Phone: (916) 658-8254
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:5
Menifee Mayor and City Council August 18,2021
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1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200
Annual Conference Voting Procedures
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.
7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
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Annual Conference
Resolutions Packet
2021 Annual Conference Resolutions
September 22 - 24, 2021
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
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Menifee Mayor and City Council August 18,2021
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INFORMATION AND PROCEDURES
RESOLUTIONS CONTAINED IN THIS PACKET: The League of California Cities (Cal
Cities) bylaws provide that resolutions shall be referred by the president to an
appropriate policy committee for review and recommendation. Resolutions with
committee recommendations shall then be considered by the General
Resolutions Committee at the Annual Conference.
This year, two resolutions have been introduced for consideration at the Annual
Conference and referred to Cal Cities policy committees.
POLICY COMMITTEES: Three policy committees will meet virtually one week prior to
the Annual Conference to consider and take action on the resolutions. The sponsors
of the resolutions have been notified of the time and location of the meetings.
GENERAL RESOLUTIONS COMMITTEE: This committee will meet at 1:00 p.m. on
Thursday, September 23, to consider the reports of the policy committees regarding
the resolutions. This committee includes one representative from each of Cal Cities
regional divisions, functional departments, and standing policy committees, as well
as other individuals appointed by the Cal Cities president. Please check in at the
registration desk for room location.
CLOSING LUNCHEON AND GENERAL ASSEMBLY: This meeting will be held at 12:30
p.m. on Friday, September 24, at the SAFE Credit Union Convention Center.
PETITIONED RESOLUTIONS: For those issues that develop after the normal 60-day
deadline, a petition resolution may be introduced at the Annual Conference
with a petition signed by designated voting delegates of 10 percent of all
member cities (48 valid signatures required) and presented to the Voting
Delegates Desk at least 24 hours prior to the time set for convening the Closing
Luncheon & General Assembly. This year, that deadline is 12:30 p.m., Thursday,
September 23. Resolutions can be viewed on Cal Cities Web site:
www.cacities.org/resolutions.
Any questions concerning the resolutions procedures may be directed to Meg
Desmond mdesmond@calcities.org.
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Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
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GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS
Policy development is a vital and ongoing process within Cal Cities. The principal
means for deciding policy on the important issues facing cities is through Cal Cities
seven standing policy committees and the board of directors. The process allows
for timely consideration of issues in a changing environment and assures city
officials the opportunity to both initiate and influence policy decisions.
Annual conference resolutions constitute an additional way to develop Cal Cities
policy. Resolutions should adhere to the following criteria.
Guidelines for Annual Conference Resolutions
1.Only issues that have a direct bearing on municipal affairs should be
considered or adopted at the Annual Conference.
2.The issue is not of a purely local or regional concern.
3.The recommended policy should not simply restate existing Cal Cities policy.
4.The resolution should be directed at achieving one of the following
objectives:
(a)Focus public or media attention on an issue of major importance to
cities.
(b)Establish a new direction for Cal Cities policy by establishing general
principals around which more detailed policies may be developed by
policy committees and the board of directors.
(c)Consider important issues not adequately addressed by the policy
committees and board of directors.
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Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
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KEY TO ACTIONS TAKEN ON RESOLUTIONS
Resolutions have been grouped by policy committees to which they have been
assigned.
Number Key Word Index Reviewing Body Action
1 2 3
1 - Policy Committee Recommendation
to General Resolutions Committee
2 - General Resolutions Committee
3 - General Assembly
HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT POLICY COMMITTEE
1 2 3
2 Securing Railroad Property Maintenance
REVENUE & TAXATION POLICY COMMITTEE
1 2 3
1 Online Sales Tax Equity
TRANSPORTATION, COMMUNICATION & PUBLIC WORKS POLICY COMMITTEE
1 2 3
2 Securing Railroad Property Maintenance
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Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
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Menifee Mayor and City Council August 18,2021
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KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued)
Resolutions have been grouped by policy committees to which they have been
assigned.
KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN
1. Policy Committee
A Approve
2. General Resolutions Committee
D Disapprove
3. General Assembly N No Action
R Refer to appropriate policy
committee for study ACTION FOOTNOTES
a Amend+
* Subject matter covered in another resolution
Aa Approve as amended+
** Existing League policy Aaa Approve with additional
amendment(s)+
*** Local authority presently exists
Ra Refer as amended to appropriate
policy committee for study+
Raa Additional amendments and refer+
Da Amend (for clarity or brevity) and
Disapprove+
Na Amend (for clarity or brevity) and
take No Action+
W Withdrawn by Sponsor
Procedural Note:
The League of California Cities resolution process at the Annual Conference is guided
by the Cal Cities Bylaws.
4
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
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1.RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES (“CAL CITIES”) CALLING ONTHE STATE LEGISLATURE TO PASS LEGISLATION THAT PROVIDES FOR A FAIRAND EQUITABLE DISTRIBUTION OF THE BRADLEY BURNS 1% LOCAL SALES TAXFROM IN-STATE ONLINE PURCHASES, BASED ON DATA WHERE PRODUCTS ARESHIPPED TO, AND THAT RIGHTFULLY TAKES INTO CONSIDERATION THE IMPACTSTHAT FULFILLMENT CENTERS HAVE ON HOST CITIES BUT ALSO PROVIDES A FAIRSHARE TO CALIFORNIA CITIES THAT DO NOT AND/OR CANNOT HAVE AFULFILLMENT CENTER WITHIN THEIR JURISDICTION
Source: City of Rancho Cucamonga Concurrence of five or more cities/city officials: Cities: Town of Apple Valley; City of El Cerrito; City of La Canada Flintridge; City of La Verne; City of Lakewood; City of Moorpark; City of Placentia; City of Sacramento Referred to: Revenue and Taxation Policy Committee
WHEREAS, the 2018 U.S. Supreme Court decision in Wayfair v. South Dakota clarified that states could charge and collect tax on purchases even if the seller does not have a physical presence in the state; and
WHEREAS, California cities and counties collect 1% in Bradley Burns sales and use tax from the purchase of tangible personal property and rely on this revenue to provide critical public services such as police and fire protection; and
WHEREAS, in terms of “siting” the place of sale and determining which jurisdiction receives the 1% Bradley Burns local taxes for online sales, the California Department of Tax and Fee Administration (CDTFA) determines “out-of-state” online retailers as those with no presence in California that ship property from outside the state and are therefore subject to use tax, not sales tax, which is collected in a countywide pool of the jurisdiction where the property is shipped from; and
WHEREAS, for online retailers that have a presence in California and have a stock of goods in the state from which it fulfills orders, CDTFA considers the place of sale (“situs”) as the location from which the goods were shipped such as a fulfillment center; and
WHEREAS, in early 2021, one of the state’s largest online retailers shifted its ownership structure so that it is now considered both an in-state and out-of-state retailer, resulting in the
sales tax this retailer generates from in-state sales now being entirely allocated to the specific city where the warehouse fulfillment center is located as opposed to going into a countywide pool that is shared with all jurisdictions in that County, as was done previously; and
WHEREAS, this all-or-nothing change for the allocation of in-state sales tax has created winners and losers amongst cities as the online sales tax revenue from the retailer that was
once spread amongst all cities in countywide pools is now concentrated in select cities that host a fulfillment center; and
WHEREAS, this has created a tremendous inequity amongst cities, in particular for cities that are built out, do not have space for siting a 1 million square foot fulfillment center, are not located along a major travel corridor, or otherwise not ideally suited to host a fulfillment center; and
5
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WHEREAS, this inequity affects cities statewide, but in particular those with specific circumstances such as no/low property tax cities that are extremely reliant on sales tax revenue
as well as cities struggling to meet their RHNA obligations that are being compelled by the State to rezone precious commercial parcels to residential; and
WHEREAS, the inequity produced by allocating in-state online sales tax revenue exclusively to cities with fulfillment centers is exasperated even more by, in addition to already reducing the amount of revenue going into the countywide pools, the cities with fulfillment centers are also receiving a larger share of the dwindling countywide pool as it is allocated based on cities’ proportional share of sales tax collected; and
WHEREAS, while it is important to acknowledge that those cities that have fulfillment centers experience impacts from these activities and deserve equitable supplementary compensation, it should also be recognized that the neighboring cities whose residents are ordering product from that center now receive no revenue from the center’s sales activity despite also experiencing the impacts created by the center, such as increased traffic and air
pollution; and
WHEREAS, the COVID-19 pandemic greatly accelerated the public’s shift towards
online purchases, a trend that is unlikely to be reversed to pre-pandemic levels; and
NOW, THEREFORE, BE IT RESOLVED that Cal Cities calls on the State Legislature to
pass legislation that provides for a fair and equitable distribution of the Bradley Burns 1% local sales tax from in-state online purchases, based on data where products are shipped to, and that rightfully takes into consideration the impacts that fulfillment centers have on host cities but also provides a fair share to California cities that do not and/or cannot have a fulfillment center within their jurisdiction.
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Background Information to Resolution
Source: City of Rancho Cucamonga
Background:
Sales tax is a major revenue source for most California cities. Commonly known as the local 1% Bradley-Burns tax, since the 1950’s, cities have traditionally received 1 cent on every dollar of a sale made at the store, restaurant, car dealer, or other location within a jurisdiction’s boundaries.
Over the years, however, this simple tax structure has evolved into a much more complex set of laws and allocation rules. Many of these rules relate to whether or not a given transaction is subject to sales tax, or to use tax – both have the same 1% value, but each applies in separate circumstances. The California Department of Tax and Fee Administration (CDTFA) is responsible for administering this system and issuing rules regarding how it is applied in our state.
The following chart created by HdL Companies, the leading provider of California sales tax consulting, illustrates the complex structure of how sales and use tax allocation is done in
California, depending on where the transaction starts, where the goods are located, and how the customer receives the goods:
With the exponential growth of online sales and the corresponding lack of growth, and even
decline, of shopping at brick and mortar locations, cities are seeing much of their sales tax
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growth coming from the countywide sales tax pools, since much of the sales tax is now funneled to the pools.
Recently, one of the world’s largest online retailers changed the legal ownership of its fulfillment centers. Instead of having its fulfillment centers owned and operated by a third-party vendor,
they are now directly owned by the company. This subtle change has major impacts to how the 1% local tax is allocated. Following the chart above, previously much of the sales tax would have followed the green boxes on the chart and been allocated to the countywide pool based on point of delivery. Now, much of the tax is following the blue path through the chart and is allocated to the jurisdiction in which the fulfillment center is located. (It should be noted that some of the tax is still flowing to the pools, in those situations where the fulfillment center is shipping goods for another seller that is out of state.) This change has created a situation where most cities in California – more than 90%, in fact – are experiencing a sales tax revenue loss that began in the fourth quarter of calendar year 2021. Many cities may not be aware of this impact, as the fluctuations in sales tax following the
pandemic shutdowns have masked the issue. But this change will have long-term impacts on revenues for all California cities as all these revenues benefiting all cities have shifted to just a handful of cities and counties that are home to this retailer’s fulfillment centers.
This has brought to light again the need to address the issues in how sales and use taxes are distributed in the 21st century. Many, if not most cities will never have the opportunity have a
warehouse fulfillment center due to lack of space or not being situated along a major travel corridor. These policies especially favor retailers who may leverage current policy in order to negotiate favorable sales tax sharing agreements, providing more money back to the retailer at
the expense of funding critical public services. With that stated, it is important to note the many impacts to the jurisdictions home to the fulfillment centers. These centers do support the ecommerce most of us as individuals have come to rely on, including heavy wear and tear on streets – one truck is equal to about 8,000 cars when it comes to impact on pavement – and increased air pollution due to the truck traffic and idling diesel engines dropping off large loads. However, it is equally important that State policies acknowledge that entities without fulfillment centers also experience impacts from ecommerce and increased deliveries. Cities whose residents are ordering products that are delivered to their doorstep also experience impacts from traffic, air quality and compromised safety, as well as the negative impact on brick-and-mortar businesses struggling to compete
with the sharp increase in online shopping. These cities are rightfully entitled to compensation in an equitable share of sales and use tax. We do not believe that online sales tax distribution between fulfillment center cities and other cities should be an all or nothing endeavor, and not
necessarily a fifty-fifty split, either. But we need to find an equitable split that balances the impacts to each jurisdiction involved in the distribution of products purchased online.
Over the years, Cal Cities has had numerous discussions about the issues surrounding sales tax in the modern era, and how state law and policy should be revisited to address these issues. It is a heavy lift, as all of our cities are impacted a bit differently, making consensus difficult. We believe that by once again starting the conversation and moving toward the development of laws and policies that can result in seeing all cities benefit from the growth taxes generated through online sales, our state will be stronger. It is for these reasons, that we should all aspire to develop an equitable sales tax distribution for online sales.
8
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
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Menifee Mayor and City Council August 18,2021
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LETTERS OF CONCURRENCE
Resolution No. 1
9
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
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Menifee Mayor and City Council August 18,2021
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July 19, 2021
Cheryl Viegas Walker, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Dear President Walker:
The Town of Apple Valley strongly supports the City of Rancho Cucamonga’s effort to submit a resolution
for consideration by the General Assembly at Cal Cities 2021 Annual Conference in Sacramento.
Current policies by the California Department of Tax and Fees (CDTFA) require that the one percent Bradley
Burns local tax revenue from in-state online retailers be allocated to the jurisdiction from which the package
was shipped from, as opposed to going into a countywide pool as is the practice with out-of-state online
retailers. Earlier this year, one of the largest online retailers shifted its ownership structure and now operates
as an in-state online retailer as well as out-of-state online retailer. Whereas, all sales tax revenue generated by
this retailer’s sales previously went into a countywide pool and was distributed amongst the jurisdictions in
the pool. Now the revenue from in-state sales goes entirely to the city where the fulfillment center is located,
and the packages shipped from. Cities that do not have a fulfillment center now receive no revenue from this
retailer’s online in-state sales transactions, even when the packages are delivered to locations within the cities’
borders and paid for by residents in those locations. Cities that border jurisdictions with fulfillment centers
also experience its impacts such as increased truck traffic, air pollution and declining road conditions.
This all-or-nothing practice has created clear winners and losers amongst cities as the online sales tax revenue
from large online retailers that was once spread amongst all cities in countywide pools is now concentrated in
select cities fortunate enough to host a fulfillment center. This has created a growing inequity amongst
California cities, which only benefits some and is particularly unfair to cities who have no chance of ever
obtaining a fulfillment center, such as those that are built out or are not situated along major travel corridors.
No/low property tax cities that rely on sales tax revenue are especially impacted as well as cities struggling to
meet their RHNA allocations that are being pressured by Sacramento to rezone precious commercial parcels
to residential.
The current online sales tax distribution policies are inherently unfair and exasperate the divide between the
winners and losers. Ultimately, the real winners may be the retailers, who leverage these policies to negotiate
favorable sales tax sharing agreements from a small group of select cities understandably wanting to host
fulfillment centers. The current online sales tax distribution policies unfairly divide local agencies, exacerbate
already difficult municipal finances, and in the end result in a net loss of local government sales tax proceeds
that simply serve to make private sector businesses even more profitable at the expense of everyone’s residents.
10
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:17
Menifee Mayor and City Council August 18,2021
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We can do better than this. And we should all aspire to develop an equitable sales tax distribution of online
sales that addresses the concerns noted above.
For these reasons, the Town of Apple Valley concurs that the resolution should go before the General
Assembly. If you have any questions regarding the Town’s position in this matter, please do not hesitate to
contact the Town Manager at 760-240-7000 x 7051.
Sincerely,
Curt Emick
Mayor
11
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:18
Menifee Mayor and City Council August 18,2021
Page 289 of 345
July 21, 2021
Cheryl Viegas Walker, President League of California Cities 1400 K Street, Suite 400
Sacramento, CA 95814
RE: Letter of Support for the City of Rancho Cucamonga’s Resolution for Fair and Equitable Distribution of the Bradley Burns 1% Local Sales Tax
Dear President Walker:
The City of El Cerrito supports the City of Rancho Cucamonga’s effort to submit a resolution for consideration by the General Assembly at the Cal Cities 2021 Annual Conference in Sacramento.
Current policies by the California Department of Tax and Fees (CDTFA) require that the 1 percent Bradley Burns local tax revenue from in-state online retailers be allocated to the jurisdiction from which the package was shipped from, as opposed to going into a countywide pool as is the practice with out-of-state online retailers. Earlier this year, one
of the largest online retailers shifted its ownership structure and now operates as an in-
state online retailer as well as out-of-state online retailer. Previously, all sales tax revenue generated by this retailer’s sales went into a countywide pool and was distributed amongst the jurisdictions in the pool; now the revenue from in-state sales goes entirely to the city where the fulfillment center is located and the packages are shipped from. Cities
that do not have a fulfillment center now receive no revenue from this retailer’s online in-
state sales transactions, even when the packages are delivered to locations within the cities’ borders and paid for by residents in those locations. Cities that border jurisdictions with fulfillment centers also experience its impacts such as increased truck traffic, air pollution, and declining road conditions.
This all-or-nothing practice has created clear winners and losers amongst cities as the online sales tax revenue from large online retailers that was once spread amongst all cities in countywide pools is now concentrated in select cities fortunate enough to host a fulfillment center. This has created a growing inequity amongst California cities, which
only benefits some and is particularly unfair to cities such as El Cerrito who have no chance of ever obtaining a fulfillment center as we are a built out, four square mile, small city. Additionally, cities not situated along major travel corridors and no/low property tax cities that rely on sales tax revenue are especially impacted, as well as cities struggling to build much needed affordable housing that may require rezoning commercial parcels
in order to meet their RHNA allocations.
12
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:19
Menifee Mayor and City Council August 18,2021
Page 290 of 345
The current online sales tax distribution policies are inherently unfair and exasperate the divide between the winners and losers. Ultimately, the real winners may be the retailers, who leverage these policies to negotiate favorable sales tax sharing agreements from a small group of select cities understandably wanting to host fulfillment centers. The current
online sales tax distribution policies serve to divide local agencies, exacerbate already
difficult municipal finances, and in the end results in a net loss of local government sales tax proceeds that simply serve to make private sector businesses even more profitable at the expense of everyone’s residents. We can do better, and we should all aspire to develop an equitable sales tax distribution of online sales that addresses the concerns
noted above.
For these reasons, the City of El Cerrito concurs that the resolution should go before the General Assembly.
Sincerely,
Paul Fadelli, Mayor
City of El Cerrito cc: El Cerrito City Council City of Rancho Cucamonga
13
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
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Menifee Mayor and City Council August 18,2021
Page 291 of 345
14Item Title: 12.2 League of California Cities Annual Conference Voting Delegate and Proposed ResolutionsItem Page Number: 21Menifee Mayor and City Council August 18, 2021Page 292 of 345
15Item Title: 12.2 League of California Cities Annual Conference Voting Delegate and Proposed ResolutionsItem Page Number: 22Menifee Mayor and City Council August 18, 2021Page 293 of 345
CITY HALL
3660 "D" Street. La Verne, California 91750-3599
www.cityof laverne.org
SST€RCIT ES
July 19,2021
Cheryl Viegas Walker, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Dear President Walker:
The City of La Verne strongly supports the City of Rancho Cucamonga's effort to submit
a resolution for consideration by the General Assembly at the League's 2021 Annual
Conference in Sacramento.
Current policies by the California Department of Tax and Fees (CDTFA) require that the
1 percent Bradley Burns local tax revenue from in-state online retailers be allocated to
the jurisdiction from which the package was shipped from, as opposed to going into a
countywide pool as is the practice with oulof-state online retailers. Earlier this year, one
of the largest online retailers shifted its ownership structure and now operates as an in-
state online retailer as well as outof-state online retailer. Whereas all sales tax revenue
generated by this retaileis sales previously went into a countywide pool and was
distributed amongst the jurisdictions in the pool, now the revenue from in-state sales
goes entirely to the city where the fulfillment center is located, and the packages shipped
from. Cities that do not have a fulfillment center now receive no revenue from this
retailer's online in-state sales transactions, even when the packages are delivered to
locations within the cities'borders and paid for by residents in those locations. cities
that border jurisdictions with fulfillment centers also experience its impacts such as
increased truck traffic, air pollution, and declining road conditions.
This all-or-nothing practice has created clear winners and losers amongst cities as the
online sales tax revenue from large online retailers that was once spread amongst all
cities in countywide pools is now concentrated in select cities fortunate enough to host a
fulfillment center. This has created a growing inequity amongst california cities, which
only benefits some and is particularly unfair to cities which have no chance of ever
obtaining a futfillment center, Such as those that are built out or are not situated along
major travel corridors. No/low property tax cities that rely on sales tax revenue are
General Administration 909/596-8726 . Water Customer Service 909/596-8744 . Community Services 90S/596'8700
Public Works 909/596-8741 . Finance 909/596-8716 . Community Development 909/596'8706 . Building 909/596-8713
P0lice Depanment 909/596-1913 r Fire Department 909/596-5991 . Gene.al Fax 909/596-8737
Crrv or LaVBRNE
16
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:23
Menifee Mayor and City Council August 18,2021
Page 294 of 345
July 19,2021
Re: Online Sales Tax Equity Support
Page 2
especially impacted as well as cities struggling to meet their RHNA allocations that are
being pressured by Sacramento to rezone precious commercial parcels to residential.
The cunent online sales tax distribution policies are inherently unfair and exacerbate the
divide between the winners and losers. Ultimately, the real winners may be the retailers,
who leverage these policies to negotiate favorable sales tax sharing agreements from a
small group of select cities understandably wanting to host fulfillment centers. The
current online sales tax distribution policies unfairiy divide local agencies, exacerbate
already difficult municipal finances, and in the end, result in a net loss of local
government sales tax proceeds that simply serve to make private sector businesses
even more profitable at the expense of everyone's residents. We can do better than
this. And we should all aspire to develop an equitabte sales tax distribution of online
sales that addresses the concerns noted above.
For these reasons, the city of La Verne concurs that the resolution should go before the
General Assembly.
Sincerely,
Bob Russi
City Manager
City of La Verne
17
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:24
Menifee Mayor and City Council August 18,2021
Page 295 of 345
18
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:25
Menifee Mayor and City Council August 18,2021
Page 296 of 345
CITY OF MOORPARK
JANICE S. PARVIN
Mayor
DR. ANTONIO CASTRO
Councilmember
CHRIS ENEGREN
Councilmember
DANIEL GROFF
Councilmember
DAVID POLLOCK
Councilmember
799 Moorpark Avenue, Moorpark, California 93021
Main City Phone Number (805) 517-6200 | Fax (805) 532-2205 | moorpark@moorparkca.gov
July 14, 2021 TRANSMITTED ELECTRONICALLY
Cheryl Viegas-Walker, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Dear President Walker:
The City of Moorpark strongly supports the City of Rancho Cucamonga’s effort to submit a
resolution for consideration by the General Assembly at the League’s 2021 Annual
Conference in Sacramento.
Current policies of the California Department of Tax and Fees (CDTFA) require that the one
percent Bradley Burns local tax revenue from in-state online retailers be allocated to the
jurisdiction from which the package was shipped, as opposed to going into a countywide pool
as is the practice with out-of-state online retailers. Earlier this year, one of the largest online
retailers shifted its ownership structure and now operates both as an in-state online retailer
and as an out-of-state online retailer. Whereas all sales tax revenues generated by this
retailer’s sales previously went into countywide pools and were distributed amongst the
jurisdictions in the pool, sales tax revenues from in-state sales now go entirely to the city
where the fulfillment center is located and the package is shipped from. Cities that do not
have a fulfillment center now receive no sales tax revenue from this retailer’s online in-state
sales transactions, even when the packages are delivered to locations within the cities’
borders and paid for by residents in those locations. Cities that border jurisdictions with
fulfillment centers also experience its impacts such as increased truck traffic, air pollution,
and deteriorating road conditions.
This all-or-nothing practice has created clear winners and losers amongst cities as the online
sales tax revenues from large online retailers that were once spread amongst all cities in
countywide pools are now concentrated in select cities fortunate enough to host a fulfillment
center. This has created a growing inequity amongst California cities, which only benefits
some and is particularly unfair to cities who have no chance of ever obtaining a fulfillment
center, such as those that are built out or are not situated along major travel corridors.
No/low property tax cities that rely on sales tax revenue are especially impacted, as well as
19
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:26
Menifee Mayor and City Council August 18,2021
Page 297 of 345
Letter of Support
Page 2
cities struggling to meet their RHNA allocations that are being pressured by Sacramento to
rezone limited commercial properties for residential land uses.
The current online sales tax distribution policies are inherently unfair and exasperate the
divide between the winners and losers. Ultimately, the real winners may be the retailers, who
leverage these policies to negotiate favorable sales tax sharing agreements from a small
group of select cities understandably wanting to host fulfillment centers. The current online
sales tax distribution policies unfairly divide local agencies, exacerbate already difficult
municipal finances, and ultimately result in a net loss of local government sales tax proceeds
that simply serve to make private sector businesses more profitable at the expense of
everyone’s residents. We can do better than this, and we should all aspire to develop an
equitable sales tax distribution of online sales that addresses the concerns noted above.
For these reasons, the City of Moorpark concurs that the resolution should go before the
General Assembly at the 2021 Annual Conference in Sacramento.
Sincerely,
Janice S. Parvin
Mayor
cc: City Council
City Manager
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*****
The People are the City
Mayor
CRAIG S. GREEN
Mayor Pro Tem
CHAD P. WANKE
Councilmembers:
RHONDA SHADER
WARD L. SMITH
JEREMY B. YAMAGUCHI
City Clerk:
ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R, ARRULA
401 East Chapman Avenue - Placentia, California 92870
July 14,2021
Cheryl Viegas Walker, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
Dear President Walker:
The City of Placentia strongly supports the City of Rancho Cucamonga's effort to submit
a resolution for consideration by the General Assembly at the League's 2021 Annual
Conference in Sacramento.
Current policies by the California Department of Tax and Fees (CDTFA) require that the
1 percent (1%) Bradley Burns local tax revenue from in-state online retailers be allocated
to the jurisdiction from which the package was shipped from, as opposed to going into a
countywide pool as is the practice with out-of-state online retailers. Earlier this year, one
of the largest online retailers shifted its ownership structure and now operates as an in-
state online retailer as well as out-of-state online retailer. Whereas, all sales tax revenue
generated by this retailer's sales previously went into a countywide pool and was
distributed amongst the jurisdictions in the pool, now the revenue from in-state sales goes
entirely to the city where the fulfillment center is located, and the packages shipped from.
Cities that do not have a fulfillment center now receive no revenue from this retailer's
online in-state sales transactions, even when the packages are delivered to locations
within the cities' borders and paid for by residents in those locations. Cities that border
jurisdictions with fulfillment centers also experience its impacts such as increased truck
traffic, air pollution and declining road conditions.
This all-or-nothing practice has created clear winners and losers amongst cities as the
online sales tax revenue from large online retailers that was once spread amongst all
cities in countywide pools is now concentrated in select cities fortunate enough to host a
fulfillment center. This has created a growing inequity amongst California cities, which
only benefits some and is particularly unfair to cities who have no chance of ever obtaining
a fulfillment center, such as those that are built out or are not situated along major travel
corridors. No/low property tax cities that rely on sales tax revenue are especially impacted
as well as cities struggling to meet their RHNA allocations that are being pressured by
Sacramento to rezone precious commercial parcels to residential.
The current onfine sales tax distribution policies are inherently unfair and exasperate the
divide between the winners and losers. Ultimately, the real winners may be the retailers,
who leverage these policies to negotiate favorable sales tax sharing agreements from a
small group of select cities understandably wanting to host fulfillment centers. The21
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Letter of Support: City of Rancho Cucamonga
July 14,2021
Page2 of 2
current onl¡ne sales tax distribution policies unfairly divide local agencies, exacerbate
already difficult municipal finances, and in the end result in a net loss of local government
sales tax proceeds that simply serve to make private sector businesses even more
profitable at the expense of everyone's residents. We can do better than this. And we
should all aspire to develop an equitable sales tax distribution of online sales that
addresses the concerns noted above.
For these reasons, the City of Placentia concurs that the resolution should go before the
General Assembly. Should you have any questions regarding this letter, please contact
me at (714) 993-8117 or via email at administration@placentia.oro.
Sincerely,
Damien R. Arrula
City Administrator
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League of California Cities Staff Analysis on Resolution No. 1
Staff: Nicholas Romo, Legislative Affairs, Lobbyist
Committee: Revenue and Taxation
Summary: This Resolution calls on the League of California Cities (Cal Cities) to request the
Legislature to pass legislation that provides for a fair and equitable distribution of the
Bradley Burns 1% local sales tax from in-state online purchases, based on data where products are shipped to, and that rightfully takes into consideration the impacts that fulfillment centers have on host cities but also provides a fair share to California cities that do not and/or cannot have a fulfillment center within their jurisdiction.
Background: The City of Rancho Cucamonga is sponsoring this resolution to “address the issues in
how sales and use taxes are distributed in the 21st century.”
The City notes that “sales tax is a major revenue source for most California cities.
Commonly known as the local 1% Bradley-Burns tax, since the 1950’s, cities have
traditionally received 1 cent on every dollar of a sale made at the store, restaurant, car
dealer, or other location within a jurisdiction’s boundaries. Over the years, however, this simple tax structure has evolved into a much more complex set of laws and allocation
rules. Many of these rules relate to whether or not a given transaction is subject to
sales tax, or to use tax – both have the same 1% value, but each applies in separate
circumstances.
Recently, one of the world’s largest online retailers changed the legal ownership of its
fulfillment centers. Instead of having its fulfillment centers owned and operated by a
third-party vendor, they are now directly owned by the company. This subtle change
has major impacts to how the 1% local tax is allocated.
This change has created a situation where most cities in California – more than 90%, in
fact – are experiencing a sales tax revenue loss that began in the fourth quarter of
calendar year 2021. Many cities may not be aware of this impact, as the fluctuations in
sales tax following the pandemic shutdowns have masked the issue. But this change
will have long-term impacts on revenues for all California cities as all these revenues benefiting all cities have shifted to just a handful of cities and counties that are home to
this retailer’s fulfillment centers.”
The City’s resolution calls for action on an unspecified solution that “rightfully takes into
consideration the impacts that fulfillment centers have on host cities but also provides a fair share to California cities that do not and/or cannot have a fulfillment center within
their jurisdiction,” which aims to acknowledge the actions taken by cities to alleviate poverty, catalyze economic development, and improve financial stability within their communities through existing tax sharing and zoning powers.
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Ultimately, sponsoring cities believe “that by once again starting the conversation and
moving toward the development of laws and policies that can result in seeing all cities benefit from the growth taxes generated through online sales, our state will be stronger.”
Sales and Use Tax in California The Bradley-Burns Uniform Sales Tax Act allows all local agencies to apply its own sales and use tax on the same base of tangible personal property (taxable goods). This tax rate currently is fixed at 1.25% of the sales price of taxable goods sold at retail
locations in a local jurisdiction, or purchased outside the jurisdiction for use within the
jurisdiction. Cities and counties use this 1% of the tax to support general operations, while the remaining 0.25% is used for county transportation purposes.
In California, all cities and counties impose Bradley-Burns sales taxes. California
imposes the sales tax on every retailer engaged in business in this state that sells
taxable goods. The law requires businesses to collect the appropriate tax from the purchaser and remit the amount to the California Department of Tax and Fee Administration (CDTFA). Sales tax applies whenever a retail sale is made, which is basically any sale other than one for resale in the regular course of business. Unless
the person pays the sales tax to the retailer, they are liable for the use tax, which is
imposed on any person consuming taxable goods in the state. The use tax rate is the same rate as the sales tax rate.
Generally, CDTFA distributes Bradley‑Burns tax revenue based on where a sale took place, known as a situs‑based system. A retailer’s physical place of business—such as a retail store or restaurant—is generally the place of sale. “Sourcing” is the term used by
tax practitioners to describe the rules used to determine the place of sale, and therefore,
which tax rates are applied to a given purchase and which jurisdictions are entitled to the local and district taxes generated from a particular transaction.
California is primarily an origin-based sourcing state – meaning tax revenues go to the
jurisdiction in which a transaction physically occurs if that can be determined. However,
California also uses a form of destination sourcing for the local use tax and for district taxes (also known as “transactions and use taxes” or “add-on sale and use taxes”). That is, for cities with local add-on taxes, they receive their add-on rate amount from remote and online transactions.
Generally, allocations are based on the following rules:
•The sale is sourced to the place of business of the seller - whether the product isreceived by the purchaser at the seller’s business location or not.
•If the retailer maintains inventory in California and has no other in state location,the source is the jurisdiction where the warehouse is situated. This resolution is
concerned with the growing amount of online retail activity being sourced to cities
with warehouse/fulfillment center locations.
•If the business’ sales office is located in California but the merchandise isshipped from out of state, the tax from transactions under $500,000 is allocated
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via the county pools. The tax from transactions over $500,000 is allocated to the jurisdiction where the merchandise is delivered.
•When a sale cannot be identified with a permanent place of business in the state,
the sale is sourced to the allocation pool of the county where the merchandisewas delivered and then distributed among all jurisdictions in that county inproportion to ratio of sales. For many large online retailers, this has been thetraditional path.
Online Sales and Countywide Pools While the growth of e-commerce has been occurring for more than two decades, led by some of the largest and most popular retailers in the world, the dramatic increase in online shopping during the COVID-19 pandemic has provided significant revenue to
California cities as well as a clearer picture on which governments enjoy even greater
benefits.
In the backdrop of booming internet sales has been the steady decline of brick-and-mortar retail and shopping malls. For cities with heavy reliance on in-person retail
shopping, the value of the current allocation system has been diminished as their
residents prefer to shop online or are incentivized to do so by retailers (during the COVID-19 pandemic, consumers have had no other option but to shop online for certain goods). All the while, the demands and costs of city services continue to grow for cities across the state.
As noted above, the allocation of sales tax revenue to local governments depends on the location of the transaction (or where the location is ultimately determined). For in-person retail, the sales tax goes to the city in which the product and store are located - a customer purchasing at a register. For online sales, the Bradley Burns sales tax
generally goes to a location other than the one where the customer lives – either to the city or county where an in-state warehouse or fulfillment center is located, the location of in-state sales office (ex. headquarters) or shared as use tax proceeds amongst all local governments within a county based on their proportionate share of taxable sales.
Under current CDTFA regulations, a substantial portion of local use tax collections are allocated through a countywide pool to the local jurisdictions in the county where the property is put to its first functional use. The state and county pools constitute over 15% of local sales and use tax revenues. Under the pool system, the tax is reported by the taxpayer to the countywide pool of use and then distributed to each jurisdiction in that
county on a pro-rata share of taxable sales. If the county of use cannot be identified, the revenues are distributed to the state pool for pro-rata distribution on a statewide basis.
Concentration of Online Sales Tax Revenue and Modernization
Sales tax modernization has been a policy goal of federal, state, and local government
leaders for decades to meet the rapidly changing landscape of commercial activity and ensure that all communities can sustainably provide critical services.
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For as long as remote and internet shopping has existed, policy makers have been concerned about their potential to disrupt sales and use tax allocation procedures that underpin the funding of local government services. The system was designed in the
early twentieth century to ensure that customers were paying sales taxes to support
local government services within the community where the transactions occurred whether they resided there or not. This structure provides benefit to and recoupment for the public resources necessary to ensure the health and safety of the community broadly.
City leaders have for as long been concerned about the loosening of the nexus between what their residents purchase and the revenues they receive. Growing online shopping, under existing sourcing rules, has led to a growing concentration of sales tax revenue being distributed to a smaller number of cities and counties. As more medium and large
online retailers take title to fulfillment centers or determine specific sales locations in
California as a result of tax sharing agreements in specific cities, online sales tax revenue will be ever more concentrated in a few cities at the control of these companies. Furthermore, local governments are already experiencing the declining power of the sales tax to support services as more money is being spent on non-taxable
goods and services.
For more on sales and use tax sourcing please see Attachment A.
State Auditor Recommendations
In 2017, the California State Auditor issued a report titled, “The Bradley-Burns Tax and
Local Transportation Funds, noting that:
“Retailers generally allocate Bradley Burns tax revenue based on the place of sale, which they identify according to their business structure. However, retailers that make
sales over the Internet may allocate sales to various locations, including their
warehouses, distribution center, or sales offices. This approach tends to concentrate
Bradley Burns tax revenue into the warehouses’ or sales offices’ respective
jurisdictions. Consequently, counties with a relatively large amount of industrial space may receive disproportionately larger amounts of Bradley Burns tax, and therefore Local
Transportation Fund, revenue.
The State could make its distribution of Bradley Burns tax revenue derived from online
sales more equitable if it based allocations of the tax on the destinations to which goods are shipped rather than on place of sale.”
The Auditor’s report makes the following recommendation:
“To ensure that Bradley‑Burns tax revenue is more evenly distributed, the Legislature
should amend the Bradley‑Burns tax law to allocate revenues from Internet sales based
on the destination of sold goods rather than their place of sale.”
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In acknowledgement of the growing attention from outside groups on this issue, Cal Cities has been engaged in its own study and convening of city officials to ensure pursued solutions account for the circumstances of all cities and local control is best
protected. These efforts are explored in subsequent sections.
Cal Cities Revenue and Taxation Committee and City Manager Working Group In 2015 and 2016, Cal Cities’ Revenue and Taxation Policy Committee held extensive discussions on potential modernization of tax policy affecting cities, with a special
emphasis on the sales tax. The issues had been identified by Cal Cities leadership as a
strategic priority given concerns in the membership about the eroding sales tax base and the desire for Cal Cities to take a leadership role in addressing the associated issues. The policy committee ultimately adopted a series of policies that were approved by the Cal Cities board of directors. Among its changes were a recommended change
to existing sales tax sourcing (determining where a sale occurs) rules, so that the point
of sale (situs) is where the customer receives the product. The policy also clarifies that specific proposals in this area should be carefully reviewed so that the impacts of any changes are fully understood. See “Existing Cal Cities Policy” section below.
Cal Cities City Manager Sales Tax Working Group Recommendations
In the Fall of 2017, the Cal Cities City Managers Department convened a working group (Group) of city managers representing a diverse array of cities to review and consider options for addressing issues affecting the local sales tax.
The working group of city managers helped Cal Cities identify internal common ground
on rapidly evolving e-commerce trends and their effects on the allocation of local sales and use tax revenue. After meeting extensively throughout 2018, the Group made several recommendations that were endorsed unanimously by Cal Cities’ Revenue and Taxation Committee at its January, 2019 meeting and by the board of directors at its
subsequent meeting.
The Group recommended the following actions in response to the evolving issues associated with e-commerce and sales and use tax:
Further Limiting Rebate Agreements: The consensus of the Group was that:
•Sales tax rebate agreements involving online retailers should be prohibited going
forward. They are inappropriate because they have the effect of encouraging
revenue to be shifted away from numerous communities and concentrated to the
benefit of one.
•Any type of agreement that seeks to lure a retailer from one community toanother within a market area should also be prohibited going forward. Existinglaw already prohibits such agreements for auto dealers and big box stores.
Shift Use Tax from Online Sales, including from the South Dakota v. Wayfair Decision Out of County Pools: The Group’s recommendation is based first on the principle of “situs” and that revenue should be allocated to the jurisdiction where the use occurs. Each city and county in California imposed a Bradley Burns sales and use tax rate
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under state law in the 1950s. The use tax on a transaction is the rate imposed where the purchaser resides (the destination). These use tax dollars, including new revenue from the South Dakota v. Wayfair decision, should be allocated to the destination
jurisdiction whose Bradley Burns tax applies and not throughout the entire county.
•Shift of these revenues, from purchases from out of state retailers includingtransactions captured by the South Dakota v. Wayfair decision, out of countypools to full destination allocation on and after January 1, 2020.
•Allow more direct reporting of use taxes related to construction projects tojurisdiction where the construction activity is located by reducing existingregulatory threshold from $5 million to $100,000.
Request/Require CDTFA Analysis on Impacts of Sales Tax Destination Shifts: After discussion of numerous phase-in options for destination sourcing and allocation for sales taxes, the Group ultimately decided that a more complete analysis was needed to sufficiently determine impacts. Since the two companies most cities rely on for sales tax analysis, HdL and MuniServices, were constrained to modeling with transaction and
use tax (district tax) data, concerns centered on the problem of making decisions without adequate information. Since the CDTFA administers the allocation of local sales and use taxes, it is in the best position to produce an analysis that examines:
•The impacts on individual agencies of a change in sourcing rules. This would
likely be accomplished by developing a model to examine 100% destination
sourcing with a report to the Legislature in early 2020.
•The model should also attempt to distinguish between business-to-consumertransactions versus business-to-business transactions.
•The model should analyze the current number and financial effects of city andcounty sales tax rebate agreements with online retailers and how destinationsourcing might affect revenues under these agreements.
Conditions for considering a Constitutional Amendment that moves toward destination allocation: Absent better data on the impacts on individual agencies associated with a shift to destination allocation of sales taxes from CDTFA, the Group declined to prescribe if/how a transition to destination would be accomplished; the sentiment was that the issue was better revisited once better data was available. In anticipation that
the data would reveal significant negative impacts on some agencies, the Group desired that any such shift should be accompanied by legislation broadening of the base of sales taxes, including as supported by existing Cal Cities policy including:
•Broadening the tax base on goods, which includes reviewing existing exemptions
on certain goods and expanding to digital forms of goods that are otherwise
taxed; and
•Expanding the sales tax base to services, such as those commonly taxed inother states.
This Resolution builds upon previous work that accounts for the impacts that distribution networks have on host cities and further calls on the organization to advocate for changes to sales tax distribution rules.
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The Resolution places further demands on data collected by CDTFA to establish a “fair and equitable distribution of the Bradley Burns 1% local sales tax from in-state online purchases.” Such data is proposed to be collected by SB 792 (Glazer, 2021). More
discussion on this topic can be found in the “Staff Comments” section.
Staff Comments: Proposed Resolution Affixes Equity Based, Data Driven Approach to Existing Cal Cities Policy on Sales Tax Sourcing
The actions resulting from this resolution, if approved, would align with existing policy
and efforts to-date to modernize sales tax rules. While not formalized in existing Cal Cities policy or recommendations, city managers and tax practitioners generally have favored proposals that establish a sharing of online sales tax revenues rather than a full destination shift. City leaders and practitioners across the state have acknowledged
during Cal Cities Revenue and Taxation and City Manager’s working group meetings
that the hosting of fulfillment centers and ancillary infrastructure pose major burdens on local communities including detrimental health and safety impacts. This acknowledgement has moved mainstream proposals such as this one away from full revenue shifts towards an equity-based, data driven approach that favors revenue
sharing. This Resolution would concretely affix this approach as Cal Cities policy.
More Data is Needed to Achieve Equity Based Approach A major challenge is the lack of adequate data to model the results of shifting in-state online sale tax revenues. Local government tax consultants and state departments
have limited data to model the effects of changes to sales tax distribution because their
information is derived only from cities that have a local transactions and use tax (TUT). Tax experts are able to model proposed tax shifts using TUTs since they are allocated on a destination basis (where a purchaser receives the product; usually a home or business). However, more than half of all cities, including some larger cities, do not
have a local TUT therefore modeling is constrained and incomplete.
Efforts to collect relevant sales tax information on the destination of products purchased online are ongoing. The most recent effort is encapsulated in SB 792 (Glazer, 2021), which would require retailers with online sales exceeding $50 million a year to report to
CDTFA the gross receipts from online sales that resulted in a product being shipped or
delivered in each city. The availability of this data would allow for a much more complete understanding of online consumer behavior and the impacts of future proposed changes to distribution. SB 792 (Glazer) is supported by Cal Cities following approval by the Revenue and Taxation Committee and board of directors.
Impact of Goods Movement Must Be Considered As noted above, city leaders and practitioners across the state acknowledge that the hosting of fulfillment centers and goods movement infrastructure pose major burdens on local communities including detrimental health, safety, and infrastructure impacts. Not
least of which is the issue of air pollution from diesel exhaust. According to California Environmental Protection Agency (Cal EPA):
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“Children and those with existing respiratory disease, particularly asthma, appear to be
especially susceptible to the harmful effects of exposure to airborne PM from diesel exhaust, resulting in increased asthma symptoms and attacks along with decreases in
lung function (McCreanor et al., 2007; Wargo, 2002). People that live or work near
heavily-traveled roadways, ports, railyards, bus yards, or trucking distribution centers
may experience a high level of exposure (US EPA, 2002; Krivoshto et al., 2008). People
that spend a significant amount of time near heavily-traveled roadways may also experience a high level of exposure. Studies of both men and women demonstrate
cardiovascular effects of diesel PM exposure, including coronary vasoconstriction and
premature death from cardiovascular disease (Krivoshto et al., 2008). A recent study of
diesel exhaust inhalation by healthy non-smoking adults found an increase in blood
pressure and other potential triggers of heart attack and stroke (Krishnan et al., 2013) Exposure to diesel PM, especially following periods of severe air pollution, can lead to
increased hospital visits and admissions due to worsening asthma and emphysema-
related symptoms (Krivoshto et al., 2008). Diesel exposure may also lead to reduced
lung function in children living in close proximity to roadways (Brunekreef et al., 1997).”
The founded health impacts of the ubiquitous presence of medium and heavy-duty
diesel trucks used to transport goods to and from fulfillment centers and warehouses
require host cities to meet increased needs of their residents including the building and maintenance of buffer zones, parks, and open space. While pollution impacts may decline with the introduction of zero-emission vehicles, wide scale adoption by large distribution fleets is still in its infancy. Furthermore, the impacts of heavy road use
necessitate increased spending on local streets and roads upgrades and maintenance.
In addition, many cities have utilized the siting of warehouses, fulfillment centers, and other heavy industrial uses for goods movements as key components of local revenue generation and economic development strategies. These communities have also foregone other land uses in favor of siting sales offices and fulfillment networks.
All said, however, it is important to acknowledge that disadvantaged communities (DACs) whether measured along poverty, health, environmental or education indices exist in cities across the state. For one example, see: California Office of Environmental Health Hazard Assessment (OEHHA) CalEnviroScreen. City officials may consider how
cities without fulfillment and warehouse center revenues are to fund efforts to combat social and economic issues, particularly in areas with low property tax and tourism-based revenues.
The Resolution aims to acknowledge these impacts broadly (this analysis does not
provide an exhaustive review of related impacts) and requests Cal Cities to account for
them in a revised distribution formula of the Bradley Burns 1% local sales tax from in-state online purchases. The Resolution does not prescribe the proportions.
Clarifying Amendments
Upon review of the Resolution, Cal Cities staff recommends technical amendments to
provide greater clarity. To review the proposed changes, please see Attachment B.
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Fiscal Impact: Significant but unknown. The Resolution on its own does not shift sales tax revenues. In anticipation and mitigation of impacts, the Resolution requests Cal Cities to utilize online
sales tax data to identify a fair and equitable distribution formula that accounts for the
broad impacts fulfillment centers involved in online retail have on the cities that host them. The Resolution does not prescribe the revenue distribution split nor does it prescribe the impacts, positive and negative, of distribution networks.
Existing Cal Cities Policy:
•Tax proceeds collected from internet sales should be allocated to the locationwhere the product is received by the purchaser.
•Support as Cal Cities policy that point of sale (situs) is where the customerreceives the product. Specific proposals in this area should be carefullyreviewed so that the impacts of any changes are fully understood.
•Revenue from new regional or state taxes or from increased sales tax rates
should be distributed in a way that reduces competition for situs-based revenue.
(Revenue from the existing sales tax rate and base, including future growth fromincreased sales or the opening of new retail centers, should continue to bereturned to the point of sale.)
•The existing situs-based sales tax under the Bradley Burns 1% baseline should
be preserved and protected.
•Restrictions should be implemented and enforced to prohibit the enactment ofagreements designed to circumvent the principle of situs-based sales and
redirect or divert sales tax revenues from other communities, when the physicallocation of the affected businesses does not change. Sales tax rebateagreements involving online retailers are inappropriate because they have theeffect of encouraging revenue to be shifted away from numerous communitiesand concentrated to the benefit of one. Any type of agreement that seeks to lure
a retailer from one community to another within a market area should also beprohibited going forward.
•Support Cal Cities working with the state California Department of Tax and FeeAdministration (CDTFA) to update the county pool allocation process to ensure
that more revenues are allocated to the jurisdiction where the purchase or first
use of a product occurs (usually where the product is delivered). Use Taxcollections from online sales, including from the South Dakota v WayfairDecision, should be shifted out of county pools and allocated to the destinationjurisdiction whose Bradley Burns tax applies and not throughout the entire
county.
Support: The following letters of concurrence were received:
Town of Apple Valley
City of El Cerrito City of La Canada Flintridge City of La Verne City of Lakewood
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City of Moorpark City of Placentia City of Sacramento
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Sales Tax Sourcing –6 –February 12, 2018
CaliforniaCityFinance.com
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Sales Tax Sourcing – 7 – February 12, 2018
CaliforniaCityFinance.com
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Sales Tax Sourcing –8 –February 12, 2018
CaliforniaCityFinance.com
Courtesy of HdL Companies
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Sales Tax Sourcing – 9 – February 12, 2018
CaliforniaCityFinance.com
Tax Incentive Programs, Sales Tax Sharing Agreements
In recent years, especially since Proposition 13 in 1978, local discretionary (general purpose revenues) have
become more scarce. At the same time, options and procedures for increasing revenues have become more
limited. One outcome of this in many areas has been a greater competition for sales and use tax revenues.
This has brought a rise in arrangements to encourage certain land use development with rebates and
incentives which exploit California’s odd origin sales tax sourcing rules.
The typical arrangement is a sales tax sharing agreement in
which a city provides tax rebates to a company that agrees to
expand their operations in the jurisdiction of the city. Under
such an arrangement, the company generally agrees to make
a specified amount of capital investment and create a specific
number of jobs over a period of years in exchange for
specified tax breaks, often property tax abatement or some
sort of tax credit. In some cases, this has simply taken the
form of a sales office, while customers and warehouses and
the related economic activity are disbursed elsewhere in the
state. In some cases the development takes the form of
warehouses, in which the sales inventory, owned by the
company, is housed.6
Current sales tax incentive agreements in California rebate
amounts ranging from 50% to 85% of sales tax revenues back
to the corporations.
Today, experts familiar with the industry believe that
between 20% to 30% of local Bradley-Burns sales taxes paid
by California consumers is diverted from local general funds
back to corporations; over $1 billion per year.
Moving to Destination Sourcing: The Concept7
A change from origin sourcing rules to destination sourcing rules for the local tax component of California’s
sales tax would improve overall revenue collections and distribute these revenues more equitably among all
of the areas involved in these transactions.
A change from origin based sourcing to destination based sourcing would have no effect on state tax
collections. However, it would alter the allocations of local sales and use tax revenues among local agencies.
Most retail transactions including dining, motor fuel purchases, and in-store purchases would not be
affected. But in cases where the property is received by the purchaser in a different jurisdiction than where
the sales agreement was negotiated, there would be a different allocation than under the current rules.
6 See Jennifer Carr, “Origin Sourcing and Tax Incentive Programs: An Unholy Alliance” Sales Tax Notes; May 27, 2013.
7 The same issues that are of concern regarding the local sales tax do not apply to California’s Transactions and Use Taxes
(“Add-on sales taxes”) as these transactions, when not over the counter, are generally allocated to the location of use or, as in
the case of vehicles, product registration. There is no need to alter the sourcing rules for transactions and use taxes.
The Source of Origin Based Sourcing
Problems
Where other than over-the-counter sales are
concerned origin sourcing often causes a
concentration of large amounts of tax revenue in
one location, despite the fact that the economic
activity and service impacts are also occurring in
other locations.
The large amounts of revenue concentrated in a
few locations by California’s “warehouse rule”
origin sourcing causes a concentration of
revenue far in excess of the service costs
associated with the development.
In order to lure jobs and tax revenues to their
communities, some cities have entered into
rebate agreements with corporations. This has
grown to such a problem, that 20% to 30% of
total local taxes paid statewide are being rebated
back to corporations rather than funding public
services.
38
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:45
Menifee Mayor and City Council August 18,2021
Page 316 of 345
Sales Tax Sourcing –12 –February 12, 2018
CaliforniaCityFinance.com
Destination Sourcing Scenario 1: Full-On
39
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:46
Menifee Mayor and City Council August 18,2021
Page 317 of 345
Sales Tax Sourcing – 13 – February 12, 2018
CaliforniaCityFinance.com
Destination Sourcing Scenario 2: Split Source
mjgc
40
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:47
Menifee Mayor and City Council August 18,2021
Page 318 of 345
RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES (“CAL CITIES”)
CALLING ON THE STATE LEGISLATURE TO PASS LEGISLATION THAT PROVIDES
FOR A FAIR AND EQUITABLE DISTRIBUTION OF THE BRADLEY BURNS 1% LOCAL
SALES TAX FROM IN-STATE ONLINE PURCHASES, BASED ON DATA WHERE
PRODUCTS ARE SHIPPED TO, AND THAT RIGHTFULLY TAKES INTO
CONSIDERATION THE IMPACTS THAT FULFILLMENT CENTERS HAVE ON HOST
CITIES BUT ALSO PROVIDES A FAIR SHARE TO CALIFORNIA CITIES THAT DO NOT
AND/OR CANNOT HAVE A FULFILLMENT CENTER WITHIN THEIR JURISDICTION
WHEREAS, the 2018 U.S. Supreme Court decision in Wayfair v. South Dakota clarified that states
could charge and collect tax on purchases even if the seller does not have a physical presence in the state;
and
WHEREAS, California cities and counties collect 1% in Bradley Burns sales and use tax from the
purchase of tangible personal property and rely on this revenue to provide critical public services such as
police and fire protection; and
WHEREAS, in terms of “siting” the place of sale and determining which jurisdiction receives the
1% Bradley Burns local taxes for online sales, the California Department of Tax and Fee Administration
(CDTFA) determines “out-of-state” online retailers as those with no presence in California that ship
property from outside the state and are therefore subject to use tax, not sales tax, which is collected in a
countywide pool of the jurisdiction where the property is shipped from; and
WHEREAS, for online retailers that have a presence in California and have a stock of goods in the
state from which it fulfills orders, CDTFA considers the place of sale (“situs”) as the location from which
the goods were shipped such as a fulfillment center; and
WHEREAS, in early 2021, one of the state’s largest online retailers shifted its ownership structure
so that it is now considered both an in-state and out-of-state retailer, resulting in the sales tax this retailer
generates from in-state sales now being entirely allocated to the specific city cities where the warehouse
fulfillment centers is are located as opposed to going into a countywide pools that is are shared with all
jurisdictions in those counties that County, as was done previously; and
WHEREAS, this all-or-nothing change for the allocation of in-state sales tax has created winners
and losers amongst cities as the online sales tax revenue from the retailer that was once spread amongst
all cities in countywide pools is now concentrated in select cities that host a fulfillment centers; and
WHEREAS, this has created a tremendous inequity amongst cities, in particular for cities that are
built out, do not have space for siting a 1 million square foot fulfillment centers, are not located along a
major travel corridor, or otherwise not ideally suited to host a fulfillment center; and
WHEREAS, this inequity affects cities statewide, but in particular those with specific
circumstances such as no/low property tax cities that are extremely reliant on sales tax revenue as well
as cities struggling to meet their Regional Housing Needs Allocation (RHNA) obligations that are being
compelled by the State to rezone precious commercial parcels to residential; and
41
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:48
Menifee Mayor and City Council August 18,2021
Page 319 of 345
WHEREAS, the inequity produced by allocating in-state online sales tax revenue exclusively to
cities with fulfillment centers is exasperated even more by, in addition to already reducing the amount of
revenue going into the countywide pools, the cities with fulfillment centers are also receiving a larger
share of the dwindling countywide pool as it is allocated based on cities’ proportional share of sales tax
collected; and
WHEREAS, while it is important to acknowledge that those cities that have fulfillment centers
experience impacts from these activities and deserve equitable supplementary compensation, it should
also be recognized that the neighboring cities whose residents are ordering products from those that
centers now receive no Bradley Burns revenue from the center’s sales activity despite also experiencing
the impacts created by them center, such as increased traffic and air pollution; and
WHEREAS, the COVID-19 pandemic greatly accelerated the public’s shift towards online
purchases, a trend that is unlikely to be reversed to pre-pandemic levels; and
NOW, THEREFORE, BE IT RESOLVED that Cal Cities calls on the State Legislature to pass legislation
that provides for a fair and equitable distribution of the Bradley Burns 1% local sales tax from in-state
online purchases, based on data where products are shipped to, and that rightfully takes into
consideration the impacts that fulfillment centers have on host cities but also provides a fair share to
California cities that do not and/or cannot have a fulfillment center within their jurisdiction.
42
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:49
Menifee Mayor and City Council August 18,2021
Page 320 of 345
2.A RESOLUTION CALLING UPON THE GOVERNOR AND THE LEGISLATURE TOPROVIDE NECCESARY FUNDING FOR CUPC TO FUFILL ITS OBLIGATION TOINSPECT RAILROAD LINES TO ENSURE THAT OPERATORS ARE REMOVINGILLEGAL DUMPING, GRAFFITI AND HOMELESS ENCAMPMENTS THAT DEGRADETHE QAULITY OF LIFE AND RESULTS IN INCREASED PUBLIC SAFETLY CONCERNSFOR COMMUNITIES AND NEIGHBORHOODS THAT ABUTT THE RAILROAD RIGHT-OF-WAY.
Source: City of South Gate Concurrence of five or more cities/city officials:Cities: City of Bell Gardens; City of Bell; City of Commerce; City of Cudahy; City of El Segundo; City of Glendora; City of Huntington Park; City of La Mirada; City of Long Beach; City of Lynwood; City of Montebello; City of Paramount; City of Pico Rivera Referred to: Housing, Community and Economic Development; and Transportation, Communications and Public Works
WHEREAS, ensuring the quality of life for communities falls upon every local government including that blight and other health impacting activities are addressed in a timely manner by private property owners within its jurisdictional boundaries for their citizens, businesses and institutions; and
WHEREAS, Railroad Operators own nearly 6,000 miles of rail right-of-way throughout
the State of California which is regulated by the Federal Railroad Administration and/or the California Public Utilities Commission for operational safety and maintenance; and
WHEREAS, the California Public Utilities Commission (CPUC) is the enforcing agency for railroad safety in the State of California and has 41 inspectors assigned throughout the entire State to inspect and enforce regulatory compliance over thousands of miles of rail line; and
WHEREAS, areas with rail line right-of-way within cities and unincorporated areas are generally located in economically disadvantaged zones and/or disadvantaged communities of color where the impact of blight further lowers property values and increases the likelihood of unsound sanitary conditions and environmental impacts upon them; and
WHEREAS, many communities are seeing an increase in illegal dumping, graffiti upon infrastructure and homeless encampments due to the lax and inadequate oversight by regulatory agencies; and
WHEREAS, local governments have no oversight or regulatory authority to require
operators to better maintain and clean their properties as it would with any other private property owner within its jurisdictional boundaries. Thus such local communities often resort to spending their local tax dollars on cleanup activities or are forced to accept the delayed and untimely
response by operators to cleaning up specific sites, and;
WHEREAS, that railroad operators should be able to provide local communities with a fixed schedule in which their property will be inspected and cleaned up on a reasonable and regular schedule or provide for a mechanism where they partner with and reimburse local governments for an agreed upon work program where the local government is enabled to remove items like illegal dumping, graffiti and encampments; and
43
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:50
Menifee Mayor and City Council August 18,2021
Page 321 of 345
WHEREAS, the State has made it a priority to deal with homeless individuals and the impacts illegal encampments have upon those communities and has a budgetary surplus that
can help fund the CPUC in better dealing with this situation in both a humane manner as well a betterment to rail safety. RESOLVED, at the League of California Cities, General Assembly, assembled at the League Annual Conference on September 24, 2021, in Sacramento, that the League calls for the Governor and the Legislature to work with the League and other stakeholders to provide adequate regulatory authority and necessary funding to assist cities with these railroad right-of-way areas so as to adequately deal with illegal dumping, graffiti and homeless encampments that proliferate along the rail lines and result in public safety issues. The League will work with its member cities to educate federal and state officials to the quality of life and health impacts this challenge has upon local communities, especially those of color and/or environmental and economic hardships.
44
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:51
Menifee Mayor and City Council August 18,2021
Page 322 of 345
Background Information to Resolution Source: City of South Gate Background:
The State of California has over 6,000 miles of rail lines, with significant amount running through communities that are either economically disadvantaged and/or disadvantaged communities of color. While the Federal Railroad Administration (FRA) has primary oversight of rail operations, they delegate that obligation to the State of California for lines within our State. The administration of that oversight falls under the California Public Utilities Commission (CPUC). The CPUC has only 41 inspectors covering those 6,000 miles of railroad lines in the State of California. Their primary task is ensuring equipment, bridges and rail lines are operationally safe. The right-of-way areas along the rail lines are becoming increasingly used for illegal dumping, graffiti and homeless encampments. Rail operators have admitted that they have insufficient funds set aside to clean up or sufficiently police these right-of-way areas, despite reporting a net income of over $13 billion in 2020. CPUC budget does not provide the resources to oversee whether rail operators are properly managing the right-of-way itself.
The City of South Gate has three rail lines traversing through its city limits covering about 4 miles. These lines are open and inviting to individuals to conduct illegal dumping, graffiti
buildings and structures along with inviting dozens of homeless encampments. As private property, Cities like ourselves cannot just go upon them to remove bulky items, trash, clean graffiti or remove encampments. We must call and arrange for either our staff to access the site or have the rail operator schedule a cleanup. This can take weeks to accomplish, in the meantime residents or businesses that are within a few hundred feet of the line must endure the blight and smell. Trash is often blown from the right-of-way into residential homes or into the streets. Encampments can be seen from the front doors of homes and businesses. South Gate is a proud city of hard working-class residents, yet with a median household income of just $50,246 or 65% of AMI for Los Angeles County, it does not have the financial resources to direct towards property maintenance of any commercial private property. The quality of life of
communities like ours should not be degraded by the inactions or lack of funding by others. Cities such as South Gate receive no direct revenue from the rail operators, yet we deal with environmental impacts on a daily basis, whether by emissions, illegal dumping, graffiti or
homeless encampments. The State of California has record revenues to provide CPUC with funding nor only for safety
oversight but ensuring right-of-way maintenance by operators is being managed properly. Rail Operators should be required to set aside sufficient annual funds to provide a regular cleanup of their right-of-way through the cities of California.
45
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:52
Menifee Mayor and City Council August 18,2021
Page 323 of 345
46
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:53
Menifee Mayor and City Council August 18,2021
Page 324 of 345
LETTERS OF CONCURRENCE
Resolution No. 2
47
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:54
Menifee Mayor and City Council August 18,2021
Page 325 of 345
48
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:55
Menifee Mayor and City Council August 18,2021
Page 326 of 345
49
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:56
Menifee Mayor and City Council August 18,2021
Page 327 of 345
50
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:57
Menifee Mayor and City Council August 18,2021
Page 328 of 345
July 20, 2021
Cheryl Viegas Walker
President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
RE: Railroad Oversight Annual Conference Resolution
President Walker:
The City of Commerce supports the City of South Gate’s effort to submit a resolution for
consideration by the General Assembly at the League of California Cities’ (“League”) 2021 Annual
Conference in Sacramento.
The City’s resolution seeks to address a critical issue within communities, especially disadvantaged
communities of color that are home to the State’s freight rail lines. While I am supportive of the
economic base the railroad industry serves to the State, their rail lines have often become places
where illegal dumping is a constant problem and our growing homeless population call home. The
impact of these activities further erode the quality of life for our communities, increase blight,
increase unhealthy sanitation issues and negatively impact our ability to meet State water quality
standards under the MS4 permits.
As members of the League, our City values the policy development process provided to the General
Assembly. We appreciate your time on this issue. Please feel free to contact Edgar Cisneros, City
Manager, via email at ecisneros@ci.commerce.ca.us or at 323-722-4805, should you have any
questions.
Sincerely,
Mayor Leonard Mendoza
CC: Blanca Pacheco, President, Los Angeles County Division c/o
Jennifer Quan, Executive Director, Los Angeles County Division, jquan@cacities.org
CITY OF COMMERCE
2535 Commerce Way • Commerce, California 90040 • (323) 722-4805 • FAX (323) 726-6231 51
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:58
Menifee Mayor and City Council August 18,2021
Page 329 of 345
CITY OF CUDAHY CALIFORNIA
Incorporated November 10, 1960
5220 Santa Ana Street
Cudahy, California 90201
(323)773-5143
July 21, 2021
Cheryl Viegas Walker
President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
RE: City of South Gate Annual Conference Resolution
Dear President Walker:
The City of Cudahy supports the City of South Gate's effort to submit a resolution for consideration by the
General Assembly at the League's 2021 Annual Conference in Sacramento.
The City of South Gate's resolution seeks to address a critical issue within communities, especially those of
economic disadvantage and disadvantage communities of color that are home to the State's freight rail lines.
While supportive of the economic base the industry serves to the State; their rail lines have often become
places where illegal dumping is a constant problem and our growing homeless population call home. These
impacts of these activities further erode the quality of life for our communities, increase blight, increase
unhealthy sanitation issues and negatively impact our ability to meet State water quality standards under the
MS4 permits.
As members of the League our city values the policy development process provided to the General Assembly.
We appreciate your time on this issue. If you have any questions, please do not hesitate to call my office at
323-773-5143.
Si re
Jose Gonzalez
Mayor
CC: Chris Jeffers, City Manager, City of South Gate
52
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:59
Menifee Mayor and City Council August 18,2021
Page 330 of 345
4'='
Office of the Mayor
July 16, 2021
Elected Officials:
Drew Boyles.
Mayor
Chrs Plmentel
Mayor Pro Tem
Caro/ Pkszkuk,
Councrl Member
Sco( Nlcol,
Council Membgr
Lance Gkoux,
Councll Member
Tracy Weaver,
Ciky Clerk
Ma[[hew Rabinson.
City Treasurer
Cheryl Viegas Walker
President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
RE: City of South Gate Annual Conference Resolution
President Walker:
Appointed Officials:
The City of EI Segundo supports the Los Angeles County Division's City of South Gate's
effort to submit a resolution for consideration by the General Assembly at the League's
2021 Annual Conference in Sacramento.
Scoff Mlmick,
Crty Manager
Mark D. Hensley,
CrtyAtlorney
Department Directors:
Barbara Voss
Deputy Cffy Manager
Joseph Lllllo,
Flnance
Chrts rMnovan,
Flre Chlef
Chades Mallory,
Informakron Technology
Services
Meltssa McCollum,
Communlky Services
Rebecca Redyk,
Human Resources
Dams Cook,
Inkerlm Development Servlces
Jamre Bermudez,
{merim Police Chlef
Elras Sassoon,
Public Works
The City's resolution seeks to address a critical issue within communities, especially those
of economic disadvantage and disadvantage communities of color that are home to the
State's freight rail lines. While supportive of the economic base the industry serves to the
State, their rail lines have often become places where illegal dumping is a constant problem
and our growing homeless population call home. The impact of these activities further
erodes the quality of life for our communities, increases blight, increases unhealthy
sanitation issues, and negatively impacts our ability to meet State water quality standards
under the MS4 permits.
As members of the League, our City values the policy development process provided to the
General Assembly. We appreciate your time on this issue. Please feel free to contact El
Segundo Public Works Director Elias Sassoon at 310-524-2356, if you have any questions.
Sincerely,
Mayor of EI Segundo
www elsequndo.ora
www.elsequndobusrness.com
www.elsequndol00.orq
CC:City Council, City of EI Segundo
Blanca Pacheco, President, Los Angeles County Division c/o
Jennifer Quan, Executive Director, Los Angeles County Division, jquanpcacities.orq
Jeff Kiernan, League Regional Public Affairs Manager (via email)
350 Main Street, El Segundo, California 90245-3813
Phone (310) 524-2302 Fax (340) 322-7137
53
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:60
Menifee Mayor and City Council August 18,2021
Page 331 of 345
CITY OF GLENDORA CJTY I-IALL (020) 9'l4-8200
July 14, 2021
116 East Fool)iill 131vt, Cilendora, California 9'l741
xviiayv.ci.glenilorci.ca.us
Cheryl Viegas Walker, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
SUBJECT: SUPPORT FOR THE CITY OF SOUTH GATE'S ANNUAL
CONFERENCE RESOLUTION
Dear President Walker:
The City of Glendora is pleased to support the City of South Gate's effort to submit a resolution
for consideration by the General Assembly at the Leaguc of Califorriia Cities' 2021 Annual
Conference in Sacramento.
The City of South Gate's resolution seeks to address a critical issue that many communities, smal)
and large, are experiencing along active transportation corridors, particularly rail lines. Given the
importance and growth of the ports and logistics sector, and the economic support they provide,
we need to do more to ensure that conflicts are appropriately addresscd and mitigated to ensure
they do not become attractive nuisances. Our cities are experiencing increasing amounts of illegal
dumping (trash and debris) and the establishment of encampments by individuals cxperiencing
homelessness along roadways, highways and rail lines. Such situations create unsafe conditions -
safety, health and sanitation - that impact quality of life even as we collectively work to address
this challenge in a coordinated and responsible manner.
As members of the League of California Cities, Glendora vaiues the policy development process
provided to the General Assembly and strongly support consideration of this issue. Your attention
to this matter is greatly appreciated. Should you have any questions, please feel free to contact
Adam Raymond, City Manager, at aravi'rioml@citvoi-slendor.i.org or (626) 914-8201.
K'aren K. Davis
Mayor
C: Blanca Pacheco, President, Los Angeles County Division c/o
Jcnnifcr Quan, Executive Director, Los Angeles County Division, jquan@cacities.org
PRIDE OF THE FOOTHIt[S
54
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:61
Menifee Mayor and City Council August 18,2021
Page 332 of 345
55
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:62
Menifee Mayor and City Council August 18,2021
Page 333 of 345
CITY OF LA MIRADA
DEDICATED TOSERVICE
July 19, 2021
Cheryl Viegas Walker
President
League of California Cities
1400 K Street, Suite 400
Sacramento, California 95814
L.1 kffiaJa, C alilcnua 90f;38
PO Hm )'28
La llnad:i, C alil'orm.i 911637-082:'
Phl-lnc 1-i(i2)94al-tllll F.l% i51)21')43-1-lti4
iii.xii cuyotlamuada i)Ig
SUBJECT: LETTER OF SUPPORT FOR CITY OF SOUTH GATE'S PROPOSED
RESOLUTION AT CALCITIES ANNUAL CONFERENCE
President Walker:
The City of La Mirada supports the City of South Gate's effort to submit a resolution for
consideration by the General Assembly at the League's 2021 Annual Conference in
Sacramento.
The City of South Gate's resolution seeks to address a critical issue within communities
that are home to the State's freight rail lines. While the City of La Mirada is supportive of
the economic base the railroad industry serves to the State, the rail lines have become
places where illegal dumping and a growing homeless population are significant
problems The negative impact of these illegal activities decreases the quality of life for
the La Mirada community, increases blight and unhealthy sanitation issues, and
negatively impacts the City's ability to meet State water quality standards under the MS4
permits
As members of the League, the City of La Mirada values the policy development process
provided to the General Assembly. We appreciate your consideration on this issue.
Please feel free to contact Assistant City Manager Anne Haraksin at (562) 943-0131 if
you have any questions
Sincerely,
C TY OF LA M RADA
Ed
Mayor
cc. Blanca Pacheco, President,
Jennifer Quan, Executive Director,
Los Angeles County Division c/o
Los Angeles County Division, jquan@cacities.org
Lcl Eng. Edl-i
"}l il Ijl
-\ntlioni.'.-\ Okm, DPPD
hl.ia.ui Pmi:m
Sieie L)c Ruse. L) hlin
l l1llliil memlx't
.)oluq Lcysis, Esil
let ul IILII :iienilic i
Jefl- BIIS nion
Cll' M+m.tyei56
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:63
Menifee Mayor and City Council August 18,2021
Page 334 of 345
July 22, 2021
Cheryl Viegas Walker
President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
RE: Support for City of South Gate Resolution—Cleanup Activities on Rail Operator Properties
Dear President Walker,
On behalf of the City of Long Beach, I write to support the City of South Gate’s proposed resolution for
the League of California Cities’ (League) 2021 Annual Conference. This resolution seeks to direct the
League to adopt a policy urging State and federal governments to increase oversight of rail operators’
land maintenance. The City is a proponent of increased maintenance along railways and believes a
League advocacy strategy would help expedite regional responses.
The COVID-19 pandemic has exacerbated the public health and safety concerns on rail rights-of-way,
as trash, debris, and encampments have increased exponentially. These challenges erode the quality
of life for our communities, increase blight, and contribute to public health and sanitation issues. To
address these concerns, the City has engaged directly with regional partners to prioritize ongoing
maintenance and cleanups, and has invested $4 million in the Clean Long Beach Initiative as part of the
City’s Long Beach Recovery Act to advance economic recovery and public health in response to the
COVID-19 pandemic.
The City of South Gate’s proposed resolution would further advance these efforts for interjurisdictional
coordination. The increased oversight proposed by the resolution will help support better coordination
and additional resources to address illegal dumping and encampments along private rail operator
property. This is a critical measure to advance public health and uplift our most vulnerable
communities. For these reasons, the City supports the proposed League resolution.
Sincerely,
THOMAS B. MODICA
City Manager
cc: Blanca Pacheco, President, Los Angeles County Division c/o
Jennifer Quan, Executive Director, Los Angeles County Division, jquan@cacities.org
57
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:64
Menifee Mayor and City Council August 18,2021
Page 335 of 345
City oJ Lynwood!*dLYNWOODI
lncorporated 1921
11330 Bullis Road, Lyowood, CA90262
[310) 603-0220 x 200
CITY OF SOUTH GATE ANNUAL CONFERNCE RESOLUTION
luly 20,2027
Cheryl Viegas Walker
President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
President Walker:
The City of Lynwood supports the City of South Gate's effort to submit a resolution for
consideration by the General Assembly at the League's 2021 Annual Conference in
Sacramento.
The City's resolution seeks to address a critical issue within communities, especially those of
economic disadvantage and disadvantage communities of color that are home to the State's
freight rail lines. While supportive of the economic base the industry serves to the State, their
rail lines have often become places where illegal dumping is a constant problem and our
growing homeless population call home. These impact of these activities further erode the
quality of life for our communities, increase blight, increase unhealthy sanitation issues and
negatively impact our ability to meet State water quality standards under the MS4 permits.
As members of the League our city values the policy development process provided to the
General Assembly. We appreciate your time on this issue. Please feel free to contact Ernie
Hernandez at (310) 603-0220 ext. 200, ifyou have any questions.
Sincerel v,
na,M yor
CC: Blanca Pacheco, President, Los Angeles County Division c/o
fennifer Quan, Executive Director, Los Angeles County Division, jquan@cacities.org
OFFICE OF TH E
MAYOR
MARISELA SANTANA
RE: City ofSouth Gate Annual Conference Resolution
I
l
58
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:65
Menifee Mayor and City Council August 18,2021
Page 336 of 345
59
Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
Item Page Number:66
Menifee Mayor and City Council August 18,2021
Page 337 of 345
CITY
BRENDA OLMOS
Mayor
VILMA CUELLAR ST ALLINGS
Vice Mayor
ISABEL AGUAYO
Councilmember
Safe, Healthy, and Attractive
LAURIE GUILLEN
Councilmember
PEGGY LEMONS
Councilmembet
July 19, 2021
Cheryl Viegas Walker
President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
RE: SUPPORT FOR ANNUAL LEAGUE OF CITIES CONFERENCE GENERAL
ASSEMBLY RESOLUTION
President Walker:
The City of Paramount supports the City of South Gate's effort to submit a resolution for
consideration by the General Assembly at the League's 2021 Annual Conference in
Sacramento. The proposed resolution is attached
South Gate's resolution seeks to address a critical issue within communities, especially
those of economic disadvantage and disadvantage communities of color that are home
to the State's freight rail lines. While supportive of the economic boon the freight
industry serves to the State, their rail line rights of way have often become places where
illegal dumping is a constant problem and where our growing homeless populations
reside. The impact of these activities further erode the quality of life for our
communities, increase blight, increase unhealthy sanitation issues and negatively
impact our ability to meet State water quality standards under the MS4 permits.
As a member of the California League of Cities, the City of Paramount values the policy
development process provided to the General Assembly. We appreciate your time on
this issue. Please feel free to contact City Manager John Moreno at (562) 220-2222 if
you have any questions.
Dedicated to providing fiscally responsible services that maintain a vibrant community.
16400 Colorado Avenue a Paramount, CA 90723-5012 - Ph 562-220-2000 a paramountcity.com
[lfacebook.com/CityofParamountl !instagram.com/paramountpostsl C) youtube.com/CityofParamount
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Item Title:12.2 League of California Cities Annual Conference Voting Delegate and Proposed Resolutions
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Steve Carmona
City Manager
City of Pico Rivera
OFFICE OF THE CITY MANAGER
6615 Passons Boulevard - Pico Rivera, California 90660
(562) 801-4371
Web.' yi'svw.pico-ris'era.oryq e-mail.' scastro@pico-rivertt.orq
City Council
Raul Elias
Mayor
Dr. Monica Sanchez
MayorPro Tem
Gustavo V. Camacho
Counci/member
Andrew C. Lara
Councilmember
Erik Lutz
Counci/member
CITY OF SOUTH GATE ANNUAL CONFERENCE RESOLUTION
July 14, 2021
Cheryl Viegas Walker
President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814
RE: City of South Gate Annual Conference Resolution
President Walker:
The City of Pico Rivera supports the City of South Gate's effort to submit a resolution for
consideration by the General Assembly at the League's 2021 Annual Conference in
Sacramento.
The City's resolution seeks to address a critical issue within communities, especially
those of economic disadvantage and disadvantaged communities of color that are home
to the State's freight rail lines. While supportive of the economic base the industry serves
to the State; their rail lines have often become places where illegal dumping is a constant
problem and our growing homeless population call home. The impact of these activities
further erodes the quality oflife for our communities, increases blight, increases unhealthy
sanitation issues, and negatively impacts our ability to meet State water quality standards
under the MS4 permits.
As members of the League, our City values the policy development process provided to
the General Assembly. We appreciate your time on this issue. Please feel free to
contact Steve Carmona at (562) 801-4405 if you have any questions.
Sincerely,
ia a l' ;, . . - % - -
City Manager
City of Pico Rivera
CC: Blanca Pacheco, President, Los Angeles County Division c/o
Jennifer Quan, Executive Director, Los Angeles County Division, jquan@cacities.org
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League of California Cities Staff Analysis on Resolution No. 2
Staff: Damon Conklin, Legislative Affairs, Lobbyist Jason Rhine, Assistant Director, Legislative Affairs Caroline Cirrincione, Policy Analyst
Committees: Transportation, Communications, and Public Works Housing, Community, and Economic Development Summary: The City of South Gate submits this resolution, which states the League of California Cities should urge the Governor and the Legislature to provide adequate regulatory authority and necessary funding to assist cities with railroad right-of-way areas to address illegal dumping, graffiti, and homeless encampments that proliferate along the rail lines and result in public safety issues. Background:
California Public Utilities Commission (CPUC) Railroad Oversight The CPUC’s statewide railroad safety responsibilities are carried out through its Rail Safety
Division (RSD). The Railroad Operations and Safety Branch (ROSB), a unit of RSD, enforces state and federal railroad safety laws and regulations governing freight and passenger rail in California.
The ROSB protects California communities and railroad employees from unsafe practices on freight and passenger railroads by enforcing rail safety laws, rules, and regulations. The ROSB
also performs inspections to identify and mitigate risks and potential safety hazards before they create dangerous conditions. ROSB rail safety inspectors investigate rail accidents and safety-related complaints and recommend safety improvements to the CPUC, railroads, and the federal government as appropriate. Within the ROSB, the CPUC employs 41 inspectors who are federally certified in the five Federal Railroad Administration (FRA) railroad disciplines, including hazardous materials, motive power and equipment, operations, signal and train control, and track. These inspectors perform regular inspections, focused inspections, accident investigations, security inspections, and complaint investigations. In addition, the inspectors address safety risks that, while not violations of regulatory requirements, pose potential risks to public or railroad employee safety.
CPUC’s Ability to Address Homelessness on Railroads Homeless individuals and encampments have occupied many locations in California near
railroad tracks. This poses an increased safety risk to these homeless individuals of being struck by trains. Also, homeless encampments often create unsafe work environments for railroad and agency personnel.
While CPUC cannot compel homeless individuals to vacate railroad rights-of-way or create shelter for homeless individuals, it has the regulatory authority to enforce measures that can reduce some safety issues created by homeless encampments. The disposal of waste materials or other disturbances of walkways by homeless individuals can create tripping hazards in the vicinity of railroad rights-of-way. This would cause violations of Commission GO 118-A, which
sets standards for walkway surfaces alongside railroad tracks. Similarly, tents, wooden structures, and miscellaneous debris in homeless encampments can create violations of
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Commission GO 26-D, which sets clearance standards between railroad tracks, and structures and obstructions adjacent to tracks.
Homelessness in California According to the 2020 Annual Homeless Assessment Report (AHAR) to Congress, there has been an increase in unsheltered individuals since 2019. More than half (51 percent or 113,660 people) of all unsheltered homeless people in the United States are found in California, about
four times as high as their share of the overall United States population. Many metro areas in California lack an adequate supply of affordable housing. This housing
shortage has contributed to an increase in homelessness that has spread to railroad rights-of-way. Homeless encampments along railroad right-of-way increase the incidents of illegal dumping and unauthorized access and trespassing activities. Other impacts include train
service reliability with debris strikes, near-misses, and trespasser injuries/fatalities. As of April 2021, there have been 136 deaths and 117 injuries reported by the Federal Railroad Administration over the past year. These casualties are directly associated with individuals who trespassed on the railroad. Cities across the state are expending resources reacting to service disruptions located on the railroad’s private property. It can be argued that an increase in investments and services to manage and maintain the railroad’s right-of-way will reduce incidents, thus enhancing public safety, environmental quality, and impacts on the local community.
State Budget Allocations – Homelessness The approved State Budget includes a homelessness package of $12 billion. This consists of a commitment of $1 billion per year for direct and flexible funding to cities and counties to address homelessness. While some details related to funding allocations and reporting requirements
remain unclear, Governor Newsom signed AB 140 in July, which details key budget allocations, such as:
• $2 billion in aid to counties, large cities, and Continuums of Care through the Homeless Housing, Assistance and Prevention grant program (HHAP);
• $50 million for Encampment Resolution Grants, which will help local governments resolve critical encampments and transitioning individuals into permanent housing; and
• $2.7 million in onetime funding for Caltrans Encampment Coordinators to mitigate safety risks at encampments on state property and to coordinate with local partners to connect these individuals to services and housing.
The Legislature additionally provided $2.2 billion specifically for Homekey with $1 billion available immediately. This funding will help local governments transition individuals from
Project Roomkey sites into permanent housing to minimize the number of occupants who exit into unsheltered homelessness.
With regards to this resolution, the State Budget also included $1.1 billion to clean trash and graffiti from highways, roads, and other public spaces by partnering with local governments to pick up trash and beautify downtowns, freeways, and neighborhoods across California. The program is expected to generate up to 11,000 jobs over three years. Cities Railroad Authority
A city must receive authorization from the railroad operator before addressing the impacts made by homeless encampments because of the location on the private property. Additionally, the city
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must coordinate with the railroad company to get a flagman to oversee the safety of the work crews, social workers, and police while on the railroad tracks.
A city may elect to declare the encampment as a public nuisance area, which would allow the city to clean up the areas at the railroad company’s expense for failing to maintain the tracks
and right-of-way. Some cities are looking to increase pressure on railroad operators for not addressing the various homeless encampments, which are presenting public safety and health concerns.
Courts have looked to compel railroad companies to increase their efforts to address homeless encampments on their railroads or grant a local authority’s application for an Inspection and
Abatement Warrant, which would allow city staff to legally enter private property and abate a public nuisance or dangerous conditions.
In limited circumstances, some cities have negotiated Memoranda of Understandings (MOU) with railroad companies to provide graffiti abatement, trash, and debris removal located in the right-of-way, and clean-ups of homeless encampments. These MOUs also include local law enforcement agencies to enforce illegally parked vehicles and trespassing in the railroad’s right-of-way. MOUs also detailed shared responsibility and costs of providing security and trash clean-up. In cases where trespassing or encampments are observed, the local public works agency and law enforcement agency are notified and take the appropriate measures to remove the trespassers or provide clean-up with the railroad covering expenses outlined in the MOU.
Absent an MOU detailing shared maintenance, enforcement, and expenses, cities do not have the authority to unilaterally abate graffiti or clean-up trash on a railroad’s right-of-way.
Fiscal Impact: If the League of California Cities were to secure funding from the state for railroad clean-up
activities, cities could potentially save money in addressing these issues themselves or through an MOU, as detailed above. This funding could also save railroad operators money in addressing concerns raised by municipalities about illegal dumping, graffiti, and homeless
encampments along railroads.
Conversely, if the League of California Cities is unable to secure this funding through the Legislature or the Governor, cities may need to consider alternative methods, as detailed above, which may include significant costs.
Existing League Policy: Public Safety: Graffiti The League supports increased authority and resources devoted to cities for abatement of graffiti and other acts of public vandalism.
Transportation, Communications, and Public Works Transportation
The League supports efforts to improve the California Public Utilities Commission’s ability to respond to and investigate significant transportation accidents in a public and timely manner to improve rail shipment, railroad, aviation, marine, highway, and pipeline safety
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Housing, Community, and Economic Development Housing for Homeless
Homelessness is a statewide problem that disproportionately impacts specific communities. The state should make funding and other resources, including enriched services, and outreach and case managers, available to help assure that local governments have the capacity to address
the needs of the homeless in their communities, including resources for regional collaborations. Homeless housing is an issue that eludes a statewide, one-size-fits-all solution, and collaboration between local jurisdictions should be encouraged. Staff Comments: Clarifying Amendments Upon review of the Resolution, Cal Cities staff recommends technical amendments to provide greater clarity. To review the proposed changes, please see Attachment A. The committee may also wish to consider clarifying language around regulatory authority and funding to assist cities with these efforts. The resolution asks that new investments from the state be sent to the CPUC to increase their role in managing and maintaining railroad rights-of-ways and potentially to cities to expand their new responsibility.
The committee may wish to specify MOUs as an existing mechanism for cities to collaborate and agree with railroad operators and the CPUC on shared responsibilities and costs.
Support: The following letters of concurrence were received:
City of Bell Gardens City of Bell City of Commerce City of Cudahy City of El Segundo City of Glendora City of La Mirada City of Paramount City of Pico Rivera City of Huntington Park City of Long Beach
City of Lynwood City of Montebello
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2.A RESOLUTION CALLING UPON THE GOVERNOR AND THE LEGISLATURE TOPROVIDE NECCESARY NECESSARY FUNDING FOR CUPC THE CALIFORNIA PUBLICUTILITIES COMMISSION (CPUC) TO FUFILL ITS OBLIGATION TO INSPECTRAILROAD LINES TO ENSURE THAT OPERATORS ARE REMOVING ILLEGALDUMPING, GRAFFITI AND HOMELESS ENCAMPMENTS THAT DEGRADE THEQAULITY QUALITY OF LIFE AND RESULTS IN INCREASED PUBLIC SAFETLYSAFETY CONCERNS FOR COMMUNITIES AND NEIGHBORHOODS THAT ABUTT THERAILROAD RIGHT-OF-WAY.
Source: City of South Gate Concurrence of five or more cities/city officials Cities: City of Bell Gardens; City of Bell; City of Commerce; City of Cudahy; City of El Segundo; City of Glendora; City of Huntington Park; City of La Mirada; City of Long Beach; City of Lynwood; City of Montebello; City of Paramount; City of Pico Rivera Referred to: Housing, Community and Economic Development; and Transportation, Communications and Public Works
WHEREAS, ensuring the quality of life for communities falls upon every local government including that blight and other health impacting activities are addressed in a timely
manner by private property owners within its jurisdictional boundaries for their citizens, businesses and institutions; and
WHEREAS, Railroad Operators own nearly 6,000 miles of rail right-of-way throughout the State of California which is regulated by the Federal Railroad Administration and/or the California Public Utilities Commission CPUC for operational safety and maintenance; and
WHEREAS, the California Public Utilities Commission (CPUC) is the enforcing agency for railroad safety in the State of California and has 41 inspectors assigned throughout the entire State to inspect and enforce regulatory compliance over thousands of miles of rail line; and
WHEREAS, areas with rail line right-of-way within cities and unincorporated areas are generally located in economically disadvantaged zones and/or disadvantaged communities of color where the impact of blight further lowers property values and increases the likelihood of unsound sanitary conditions and environmental impacts upon them; and
WHEREAS, many communities are seeing an increase in illegal dumping, graffiti upon
infrastructure and homeless encampments due to the lax and inadequate oversight by regulatory agencies; and
WHEREAS, local governments have no oversight or regulatory authority to require operators to better maintain and clean their properties as it would with any other private property owner within its jurisdictional boundaries. Thus such local communities often resort to spending
their local tax dollars on cleanup activities or are forced to accept the delayed and untimely response by operators to cleaning up specific sites, and;
WHEREAS, that railroad operators should be able to provide local communities with a fixed schedule in which their property will be inspected and cleaned up on a reasonable and regular schedule or provide for a mechanism where they partner with and reimburse local governments for an agreed upon work program where the local government is enabled to remove items like illegal dumping, graffiti and encampments; and
ATTACHMENT A
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WHEREAS, the State has made it a priority to deal with homeless individuals and the impacts illegal encampments have upon those communities and has a budgetary surplus that
can help fund the CPUC in better dealing with this situation in both a humane manner as well as a betterment to rail safety.
RESOLVED, at the League of California Cities, General Assembly, assembled at the League Cal Cities Annual Conference on September 24, 2021, in Sacramento, that the Cal Cities League calls for the Governor and the Legislature to work with the Cal Cities League and other stakeholders to provide adequate regulatory authority and necessary funding to assist cities with these railroad right-of-way areas so as to adequately deal with illegal dumping, graffiti and homeless encampments that proliferate along the rail lines and result in public safety issues. The Cal Cities League will work with its member cities to educate federal and state officials to the quality of life and health impacts this challenge has upon local communities, especially those of color and/or environmental and economic hardships.
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