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2020-12-02 City Council Regular MEETING - Agenda PacketCity Council Chambers Menifee City Council Via Zoom (see below) Regular Meeting Agenda Menifee, CA 92586 Wednesday, December 2, 2020 5:30 PM Closed Session 6:00 PM Regular Meeting Bill Zimmerman, Mayor Greg August, District 1 Matthew Liesemeyer, District 2 Armando G. Villa, City Manager Lesa Sobek, District 3 Jeffrey T. Melching, City Attorney Dean Deines, District 4 Sarah A. Manwaring, City Clerk AGENDA AS A RESULT OF THE COVID-19 VIRUS, AND RESULTING ORDERS AND DIRECTION FROM THE PRESIDENT OF THE UNITED STATES, THE GOVERNOR OF THE STATE OF CALIFORNIA, AND THE RIVERSIDE COUNTY PUBLIC HEALTH DEPARTMENT, AS WELL AS THE CITY OF MENIFEE EMERGENCY DECLARATION, THE PUBLIC WILL NOT BE PERMITTED TO PHYSICALLY ATTEND THE MENIFEE MEETING TO WHICH THIS AGENDA APPLIES. YOU MAY PARTICIPATE IN THE MEETING BY: VIDEO: https://cityofmenifee-us.zoom.us/j/7172119849?pwd=UWIwZjVJWEx4MmNoMWpMamlFZDUvQ T09 PHONE: (669) 900-6833, MEETING ID # 717 211 9849, PASSCODE: 164671 PUBLIC COMMENTS: EMAIL PUBLIC COMMENTS, publiccomments@cityofmenifee.us CLOSED SESSION (5:30 P.M.) 1.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Paragraph (1) of subdivision (d) of Section 54956.9 City of Menifee v. All Persons Interested Riverside County Superior Court Case No. RIC 1722064 REGULAR MEETING (6:00 P.M.) 1.CALL TO ORDER 2.ROLL CALL 3.WORDS OF INSPIRATION 3.1. Pastor Jeff Johnson, Impact Church 4.PLEDGE OF ALLEGIANCE 5.PRESENTATIONS None 6.AGENDA APPROVAL OR MODIFICATIONS Menifee Mayor and City Council Regular Meeting Agenda Wednesday, December 2, 2020 Page 2 of 5 7. PUBLIC COMMENTS (NON-AGENDA 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 non-agendized matters at the time such comments are made. Each comment will be limited to three minutes on any single item. Please submit comments to publiccomments@cityofmenifee.us. 8. COUNCILMEMBER UPDATES AND COMMENTS 9. APPROVAL OF MINUTES 9.1. Approval of Minutes of November 18, 2020 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 in Full of Any and all Ordinances Listed on this Agenda and Provide that they be read by Title Only 10.2. Warrant Register RECOMMENDED ACTION Ratify and approve the Voucher List dated 11/6/2020, the Payroll Register/Other EFT’s dated 10/30/2020, 11/2/2020, 11/6/2020, 11/10/2020, 11/12/2020, 11/13/2020 which have a total budgetary impact of $3,346,624.61. 10.3. 2021 City Council Meeting Calendar RECOMMENDED ACTION 1. Approve the cancellation of the January 6, 2021 City Council meeting, and 2. Approve the 2021 City Council Meeting Calendar. 10.4. Covenant of Improvement Requirements, Survey Monument Agreement and Final Parcel Map 37379 for Legado Development by BLC Fleming LLC and the Fleming Family Limited Partnership RECOMMENDED ACTION 1. Approve Covenant of Improvement Requirements for Parcel Map 37379 (PM37379), located east of Encanto Drive, south of Rouse Road and west of Antelope Road; and 2. Approve Survey Monument Agreement for Final PM 37379; and 3. Approve the filing of Final Map for PM 37379. 10.5. Community Facilities District Landscape Improvements, Audie Murphy Ranch North Phase 1, Sutter Mitland 01, LLC RECOMMENDED ACTION Accept the Community Facilities District (CFD) landscape improvements located along Goetz Road, Audie Murphy Road and Normandy Road within Phase 1 of Audie Murphy Ranch North. Menifee Mayor and City Council Regular Meeting Agenda Wednesday, December 2, 2020 Page 3 of 5 10.6. Southern California Edison Agreement for Design and Estimation Related to the Relocation of Transmission Power Poles, Scott Road/Bundy Canyon Road Widening, CIP 20-01 RECOMMENDED ACTION 1. Authorize the City Manager to execute Southern California Edison (SCE) Letter of Agreement for Engineering and Estimation in relation to the relocation of Transmission Power Poles for the Scott Road/Bundy Canyon Road Widening; and 2. Authorize Finance Department to issue a Purchase Order to Southern California Edison for $115,000 to cover advance payment and other engineering costs related to the relocation of the Power Poles. 10.7. Bucknam Infrastructure Group, Inc. Agreement to Update Pavement Management Program RECOMMENDED ACTION 1. Authorize the City Manager to execute a professional services agreement with Bucknam Infrastructure Group, Inc. to update the City’s Pavement Management Program for local, collector, major and arterial streets, in the amount not-to-exceed $66,768; and 2. Authorize the City Manager to execute any necessary contract amendments not exceeding 10% of the contract amount, or $6,676.80. 10.8. Agreement with LC Paving & Sealing, Inc. for the Adams Avenue Street Improvements Phase-2, CIP 20-12 RECOMMENDED ACTION 1. Award bid and authorize the City Manager to execute Owner-Contractor Agreement with LC Paving & Sealing, Inc. for the Adams Avenue Street Improvement Project, CIP 20-12 in the amount of $821,463.20; and 2. Authorize the City Engineer 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 $82,146; and 3. Approve Budget Amendment Resolution appropriation in the amount of $50,000 from unassigned 200-Gas Tax funds; and 4. Approve transfer of $193,114.20 savings in Measure DD funds from the School Sidewalk Missing Links project, CIP 18-05, to Adams Avenue Phase 2 project, CIP 20-12; and 5. Authorize the City Manager to execute the Utility Relocation Agreement between the City of Menifee and Eastern Municipal Water District (EMWD) for reimbursement of costs related to the relocation of water facilities for Adams Street Improvements Phase 2, CIP 20-12. ITEMS PULLED FROM CONSENT 11. PUBLIC HEARING ITEMS 11.1. Hidden Hills Development Agreement Amendment RECOMMENDED ACTION 1. Conduct a Public Hearing; and Menifee Mayor and City Council Regular Meeting Agenda Wednesday, December 2, 2020 Page 4 of 5 2. Introduce for first reading of an Ordinance approving Development Agreement Amendment No. PLN20-0075, for the development located north of Garbani Road, south of Craig Avenue, west of Evans Road and east of Murrieta Road, and subject to the findings and conclusions incorporated in the staff report and Resolution. 11.2. Community Development Block Grant Coronavirus Round 3 (CDBG-CV3) RECOMMENDED ACTION 1. Conduct a Public Hearing; and 2. Adopt a Resolution approving the Substantial Amendment to PY 2020/2021 Annual Action Plan to include Community Development Block Grant Coronavirus Round 3 (CDBG-CV3.) 12. DISCUSSION ITEMS 12.1. Resolution for Senior Advisory, Menifee Citizens Advisory and Measure DD Oversight Committees RECOMMENDED ACTION 1. Review and discuss the proposed Resolution amendments; and 2. Adopt a Resolution replacing Resolution No. 16-578, updating the composition and appointments to the Senior Advisory Committee; and 3. Adopt a Resolution replacing Resolution No. 15-414, updating the composition and responsibilities of the Menifee Citizens Advisory Committee; and 4. Adopt a Resolution replacing Resolution No. 17-593, updating the Measure DD Committee guidelines. 12.2. City Insurance Coverage Membership Pool RECOMMENDED ACTION Review the options available to change the City’s liability and workers compensation insurance coverage and provide direction to staff. 13. CITY ATTORNEY REPORTS 14. CITY MANAGER REPORTS 15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS ➢ Discuss strategy to address phase-out of illegal uses (Liesemeyer, July 18, 2018) Target Date: TBD ➢ Workshop to discuss residential uses in EDC (Zimmerman, December 18, 2019) Target Date: TBD ➢ WRCOG presentation on Community Choice Aggregation (Liesemeyer, February 5, 2020) Target Date: TBD ➢ Post Pandemic Report and Update on New Technology Implementations (Deines, April 15, 2020) Target Date: TBD ➢ Discussion to Open DIF and Assess Park Allocations (Liesemeyer, June 17, 2020) Target Date: TBD ➢ Alarm Ordinance (Zimmerman, August 5, 2020) Target Date: January 2021 Menifee Mayor and City Council Regular Meeting Agenda Wednesday, December 2, 2020 Page 5 of 5 16. ADJOURN Decorum Policy Notes You may submit comments on any agenda item by emailing requests to publiccomments@cityofmenifee.us prior to the item being heard. The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. While we encourage participation, we ask there be 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) 672-6777 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) 672-6777. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. Virtual Meeting Menifee City Council Via Ring Central Regular Meeting Minutes Menifee, CA 92586 Wednesday, November 18, 2020 5:00 PM Closed Session 6:00 PM Regular Meeting Bill Zimmerman, Mayor Greg August, District 1 Matthew Liesemeyer, District 2 Armando G. Villa, City Manager Lesa Sobek, District 3 Jeffrey T. Melching, City Attorney Dean Deines, District 4 Sarah A. Manwaring, City Clerk MINUTES CLOSED SESSION (5:00 P.M.) Mayor Zimmerman called Closed Session to order at 5:00 P.M. Present were Councilmembers August, Deines, Sobek, Mayor Pro Tem Liesemeyer, and Mayor Zimmerman. There were no public comments. The City Council recessed to Closed Session for the purpose below. 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957(b)(1); annual evaluation of City Manager REGULAR MEETING (6:00 P.M.) 1. CALL TO ORDER Mayor Zimmerman called the meeting to order at 6:07 P.M. City Attorney Jeffrey Melching stated there was no reportable action from Closed Session. 2. ROLL CALL Attendee Name Title Status Bill Zimmerman Mayor Present Greg August District 1 Present Lesa Sobek District 3 Present (Via RingCentral) Matt Liesemeyer District 2 Present Dean Deines District 4 Present 3. WORDS OF INSPIRATION Pastor Jim Edwards from Revival Christian Fellowship 4. PLEDGE OF ALLEGIANCE Councilmember August led the flag salute. 5. PRESENTATIONS None. 6. AGENDA APPROVAL OR MODIFICATIONS The agenda was approved unanimously (5-0) with no modifications. 9.1 Packet Pg. 6 Minutes Acceptance: Minutes of Nov 18, 2020 6:00 PM (APPROVAL OF MINUTES) Menifee Mayor and City Council Regular Meeting Minutes Wednesday, November 18, 2020 Page 2 of 7 7. PUBLIC COMMENTS (NON-AGENDA ITEMS) City Clerk Sarah Manwaring read public comments submitted by the following. • Edward and Donna Chavez • Carrie Tate-Meyer on behalf of the Menifee Valley Chamber of Commerce • Ms. Miller • Ricky Estrada 8. COUNCILMEMBER UPDATES AND COMMENTS Councilmember Sobek reported on the meetings and events she attended • Cal Fire, Ben Clark Training Center • Public Safety Committee Meeting • Virtual Student of the Month for the Perris Unified School District • Virtual Regional Conservation Authority (RCA) Executive Meeting • Veteran's Memorial Clean Up • Softball Field Dedication at Wheatfield Park Councilmember Deines reported on the event he attended. • Oasis Veteran's Club, Veteran's Day Celebration Parade Mayor Pro Tem Liesemeyer reported on the meetings and events he attended. • Public Safety Committee Meeting • Cal Fire, Ben Clark Training Center • Veteran's Memorial Clean Up Mayor Pro Tem Liesemeyer thanked the City Council for their help with cleaning up the Veteran's Memorial. Mayor Zimmerman reported on the meetings and events he attended. • Emergency Operations Committee Meeting • Softball Field Dedication at Wheatfield Park • League of California Cities Riverside Division Virtual Meeting • Oasis Veteran's Club, Veteran's Day Parade • Riverside County Transportation Commission (RCTC) Meeting • League of California Cities Riverside Division Meeting for Mayors 9. APPROVAL OF MINUTES The minutes were approved unanimously (5-0) with no modifications. 9.1. Approval of Minutes of October 21, 2020 9.2. Approval of Minutes of November 4, 2020 10. CONSENT CALENDAR City Clerk Sarah Manwaring read public comments submitted by the following. • Ms. Miller spoke against Item Nos. 10.8 and 10.12 9.1 Packet Pg. 7 Minutes Acceptance: Minutes of Nov 18, 2020 6:00 PM (APPROVAL OF MINUTES) Menifee Mayor and City Council Regular Meeting Minutes Wednesday, November 18, 2020 Page 3 of 7 Mayor Zimmerman requested to pull Item No. 10.14. The balance of the Consent Calendar was approved by the following vote. RESULT: Adopted [Unanimous] MOVER: Matt Liesemeyer SECONDER: Dean Deines AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 10.1. Waiver of Reading in Full of Any and all Ordinances Listed on this Agenda and Provide that they be read by Title Only 10.2. Warrant Register ACTION Ratified and approved the Voucher List dated 10/23/2020, the Payroll Register/Other EFT’s dated 10/23/2020, 10/26/2020, 10/30/2020, and the Void Check listing PE 10/31/2020 which have a total budgetary impact of $1,981,862.23. 10.3. Treasurer's Report, October 2020 ACTION Approved the Treasurer’s Report for October 2020. 10.4. Annual Report on Receipt and Use of AB 1600 Development Fees ACTION Received and filed the annual report on receipt and use of AB 1600 Development Fees. 10.5. Mullin 360 Real Estate Services, LLC Agreement ACTION 1. Approved a Professional Services Agreement between Mullin360 Real Estate Services, LLC and the City of Menifee in the not-to-exceed amount of $60,000 for the technical assistance and continued feasibility of the development of an auto park in the City of Menifee, for the term of service through June 30, 2021; and 2. Authorized the City Manager to execute the Professional Services Agreement. 10.6. Asset Forfeiture Appropriation of Funds ACTION Approved Resolution No. 20-975 authorizing the Menifee Police Department to appropriate asset forfeiture funds in the amount of $10,000. 10.7. Community Facilities District Annexation Deferment Agreement for Wellquest Menifee LLC ACTION 1. Approved an agreement with Wellquest Menifee, LLC to defer the timing for the annexation of Plot Plan 2017-042 to the boundaries of Community Facilities District No. 2015-2, located at the intersection of Antelope Road and Aldergate 9.1 Packet Pg. 8 Minutes Acceptance: Minutes of Nov 18, 2020 6:00 PM (APPROVAL OF MINUTES) Menifee Mayor and City Council Regular Meeting Minutes Wednesday, November 18, 2020 Page 4 of 7 Drive; and 2. Authorized the City Manager to execute the agreement with Wellquest Menifee, LLC. 10.8. Final Map and Agreements - Tract Map 36484, Audie Murphy Ranch ACTION 1. Approved Bond Agreements for Road, Drainage, Water and Sewer Systems to guarantee completion of required improvements associated with Tract 36484; and 2. Approved Bond Agreements for Placement of Monuments for Tracts 36484; and 3. Approved and Authorize Filing of the Final Map for Tract 36484, located west of Goetz Road and Audie Murphy Road North for Sutter Mitland 01, LLC. 10.9. Improvement Acceptance and Bond Reduction for Tract 30812 Boulder Estates ACTION 1. Accepted public improvements completed with the development of Tract Map (TM) 30812, a subdivision of 18.64 acres of land subdivided into 29 residential lots located north of La Piedra Road and east of Murrieta Road; and 2. Approved the 90% Bond Reduction for TM 30812. 10.10. Public Improvements and 90% Bond Reduction for TM34406-1 Heritage Lake Phase IV Backbone Improvements by Lennar Homes of California ACTION 1. Accepted the public improvements located along McCall Boulevard, Briggs Road, and Heritage Lakes Drive; and 2. Approved a 90% Bond Reduction for the public improvements consisting of road, drainage and sewer system improvements for Tract Map (TM) 34406-1, Bond No. 80006225; and 3. Approved a 90% Bond Reduction for the public improvement consisting of storm drain improvements for Tract Map (TM) 34406-1, Bond No. 024041136. 10.11. Partial Bond Reduction for Tract 32934, Single Family Residential Development ACTION Approved a 70% Bond Reduction for the public improvements consisting of road, drainage, sewer system improvements for Tract Map (TM) 32934, a subdivision of 9.845 gross acres of land into 15 residential lots located at the southeast corner of La Piedra Road and Phoebe Road, by Gordon R. Hanshaw. 10.12. Survey Monument Bond Release for Tract Map 28788, MEF Homes LLC ACTION Approved the release of the Survey Monument Bond for Tract Map (TM) 28788, a subdivision of 35.94 acres of land into 123 lots for residential use, located west of Evans Road and South of Newport Road. 9.1 Packet Pg. 9 Minutes Acceptance: Minutes of Nov 18, 2020 6:00 PM (APPROVAL OF MINUTES) Menifee Mayor and City Council Regular Meeting Minutes Wednesday, November 18, 2020 Page 5 of 7 10.13. Geotechnical Investigation Services Agreement, CIP 21-13 ACTION 1. Approved the Professional Services Agreement with Leighton Consulting Inc. for Geotechnical Investigation Services of McCall Boulevard (Encanto to Antelope) Resurfacing Project, CIP 21-13 in the amount not-to-exceed $41,230; and 2. Authorized the City Manager to execute the agreement and any necessary contract amendments in an amount not-to-exceed 10% of the contract amount. 10.14. This Item was Moved to Items Pulled from Consent ITEMS PULLED FROM CONSENT 10.14. Improvement Acceptance for the Scott Road / I-215 Interchange Project, CIP 14-03 Mayor Zimmerman asked for a presentation on this item. Principal Engineer Carlos Geronimo provided a presentation and reported on the project location, before and after photos, project timeline, purpose of the acceptance of improvements, and fiscal impacts. Riverside County Project Construction Manager, Lucas Rathe, was also available for any questions. Mr. Rathe thanked the residents, the City Council, and the City for their support during the project. ACTION 1. Accepted the Improvements constructed in the City’s right-of-way for the Scott Road / I-215 Interchange Project, CIP 14-03; and 2. Authorized the City Manager to sign the Release of Maintenance form transferring maintenance responsibility from the contractor, Guy F. Atkinson, to the City’s Public Works Department. RESULT: Adopted [Unanimous] MOVER: Bill Zimmerman SECONDER: Matt Liesemeyer AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 11. PUBLIC HEARING ITEMS 11.1. Active Transportation Plan - Final Report and Recommendations Councilmember August left the dais at 7:04 P.M. and returned at 7:09 P.M. Principal Engineer Carlos Geronimo introduced Tony Leonard with the Local Government Commission, Miguel Vasquez, with Riverside University Health System Public Health (RUHSPH) and Joe Punsalan the City's consultant with KTUA who would assist with the presentations and were available for questions. Mr. Leonard reported on what an Active Transportation Plan (ATP) is; project background; project scope; and community presentations and events. Mr. Geronimo reported on survey map results; survey summary; and infographics. 9.1 Packet Pg. 10 Minutes Acceptance: Minutes of Nov 18, 2020 6:00 PM (APPROVAL OF MINUTES) Menifee Mayor and City Council Regular Meeting Minutes Wednesday, November 18, 2020 Page 6 of 7 Mr. Punsalan reported on the proposed bikeway project; prioritization criteria; top ten bikeway projects; proposed pedestrian projects; propensity model map; top 20 pedestrian projects; and funding sources. Mr. Vazquez reported on Southern California Association of Governments (SCAG) Go Human Campaign and SCAG Traffic Safety Pledge. The City Council asked questions of staff regarding current bike paths, class of bike lanes/routes; incidents and the SCAG Traffic Safety Pledge, and implementation. Mayor Zimmerman opened the public hearing at 7:17 P.M. City Clerk Sarah Manwaring stated the public hearing was legally noticed and there was no correspondence or public comments received. Mayor Zimmerman closed the public hearing at 7:18 P.M. ACTION 1. Adopted Resolution No. 20-976, approving the City’s Active Transportation Plan (ATP) Report and Recommended Project List; and 2. Adopted Resolution No. 20-977, pledging to take action to provide pedestrian safety in accordance with the Southern California Association of Government’s (SCAG) Safety Model; and 3. Authorized the City Manager to accept SCAG’s Safety Pledge on behalf of the City Council. RESULT: Adopted [Unanimous] MOVER: Matt Liesemeyer SECONDER: Dean Deines AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 12. DISCUSSION ITEMS 12.1. AB 571 - Campaign Contribution Limits Update City Clerk Sarah Manwaring reported on the background; Assembly Bill (AB) 571; other Riverside County cities decisions; and Council's options. Mayor Pro Tem Liesemeyer inquired about regulations related to use and transfer of campaign contributions. Mayor Zimmerman stated enforcement by the Fair Political Practices Commission (FPPC) is important and it would be safest to leave the contribution limits at the state limit. Councilmember Sobek spoke in favor of leaving it with at the state limit. ACTION Reviewed and discussed amended state contribution limits legislation, Assembly Bill (AB) 571, and agreed to leave the contribution limit at the State limit. 9.1 Packet Pg. 11 Minutes Acceptance: Minutes of Nov 18, 2020 6:00 PM (APPROVAL OF MINUTES) Menifee Mayor and City Council Regular Meeting Minutes Wednesday, November 18, 2020 Page 7 of 7 RESULT: Adopted [Unanimous] MOVER: Lesa Sobek SECONDER: Matt Liesemeyer AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 13. CITY ATTORNEY REPORTS None. 14. CITY MANAGER REPORTS None. 15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS None. 16. ADJOURN Mayor Zimmerman adjourned the meeting at 7:41 P.M. _________________________ Sarah A. Manwaring, MMC City Clerk 9.1 Packet Pg. 12 Minutes Acceptance: Minutes of Nov 18, 2020 6:00 PM (APPROVAL OF MINUTES) CITY OF MENIFEE SUBJECT: Warrant Register MEETING DATE: December 2, 2020 TO: Mayor and City Council PREPARED BY: Ann-Marie Etienne, Financial Services Manager REVIEWED BY: Rochelle Clayton, Deputy City Manager APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION Ratify and approve the Voucher List dated 11/6/2020, the Payroll Register/Other EFT’s dated 10/30/2020, 11/2/2020, 11/6/2020, 11/10/2020, 11/12/2020, 11/13/2020 which have a total budgetary impact of $3,346,624.61. 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 11/6/2020, the Payroll Register/Other EFT’s dated 10/30/2020, 11/2/2020, 11/6/2020, 11/10/2020, 11/12/2020, 11/13/2020 have a total budgetary impact of $3,346,624.61. FISCAL IMPACT As indicated above, Voucher List dated 11/6/2020, the Payroll Register/Other EFT’s dated10/30/2020, 11/2/2020, 11/6/2020, 11/10/2020, 11/12/2020, 11/13/2020 have a total budgetary impact of $3,346,624.61, which is included in the Fiscal Year 2020-2021 Budget. ATTACHMENTS 1. Voucher Listing 11-06-2020 2. Payroll Register 12-2-2020 10.2 Packet Pg. 13 11/04/2020 Voucher List City of Menifee 1 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount 46922 10/23/2020 00161 EASTERN MUNICIPAL WATER DIST.100351-02 10/7 SEPT'20 FIRE STATION #76 WATER SVCS 341.37 1,102.76SEPT'20 CSA 145 WATER SVCS101923-02 9/22 1,376.72SEPT'20 LLMD ZONE 3 WATER SVCS152572-03 10/5 1,015.52SEPT'20 LLMD ZONE3 WATER SVCS173168-03 10/5 860.04SEPT'20 LLMD ZONE 3 WATER SVCS181069-03 10/5 1,644.42SEPT'20 CSA 145 WATER SVCS181979-03 10/5 302.10SEPT'20 LLMD ZONE 38 WATER SVCS197480-04 10/5 349.68SEPT'20 LLMD ZONE 38 WATER SVCS197482-04 10/5 386.86SEPT'20 LLMD ZONE 38 WATER SVCS197483-04 10/5 1,168.62SEPT'20 CSA 145 WATER SVCS204615-02 10/5 1,757.88SEPT'20 CSA 145 WATER SVCS204616-02 10/5 1,064.54SEPT'20 LLMD ZONE 37 WATER SVCS209502-03 10/5 1,448.95SEPT'20 LLMD ZONE 3 WATER SVCS210877-03 10/5 366.61SEPT'20 LLMD ZONE 47 WATER SVCS214104-03 10/5 2,471.36SEPT'20 LLMD ZONE 3 WATER SVCS217316-03 10/6 2,362.89SEPT'20 LLMD ZONE 3 WATER SVCS218618-03 10/6 1,199.63SEPT'20 LLMD ZONE 3 WATER SVCS218620-03 10/6 2,585.02SEPT'20 LLMD ZONE 69 WATER SVCS225995-03 10/6 1,374.42SEPT'20 LLMD ZONE 69 WATER SVCS225996-03 10/6 1,712.39SEPT'20 CSA 145 WATER SVCS226312-03 10/6 506.73SEPT'20 CSA 145 ROW WATER SVCS229625-03 10/6 1,592.02SEPT'20 LLMD ZONE 77 WATER SVCS230227-03 10/6 569.90SEPT'20 LLMD ZONE 81 WATER SVCS233542-03 10/6 335.52SEPT'20 NEWPORT/HAUN STREET MEDIAN WATER234911-01 10/5 1,431.48SEPT'20 AMR ROW WATER SVCS236610-02 10/6 907.36SEPT'20 AMR ROW WATER SVCS238693-02 10/6 3,424.41SEPT'20 LLMD ZONE 3 WATER SVCS239165-02 10/6 3,446.01SEPT'20 AMR ROW WATER SVCS240232-02 10/6 2,079.05SEPT'20 LLMD ZONE 77 WATER SVCS240567-02 10/6 1,706.06SEPT'20 CSA 145 WATER SVCS35123-04 10/5 966.14SEPT'20 LLMD ZONE 3 WATER SVCS71998-03 10/7 353.34SEPT'20 LLMD ZONE 3 WATER SVCS92817-02 10/5 5,025.04SEPT'20 CSA 145 WATER SVCS95843-03 10/6 505.50SEPT'20 LLMD ZONE 3 WATER SVCS96356-03 10/6 359.50SEPT' 20 LLMD ZONE 3 WATER SVCS99479-03 10/6 1Page: 10.2.a Packet Pg. 14 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) 11/04/2020 Voucher List City of Menifee 2 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 48,099.84 46922 10/23/2020 00161 00161 EASTERN MUNICIPAL WATER DIST. 46923 10/23/2020 00161 EASTERN MUNICIPAL WATER DIST.CK REQ 10/19 NEW SEWER LINE PLAN REVIEW 500.00 Total : 500.00 46924 10/23/2020 00474 PRECISION AUTO GLASS WORKS CK REQ 10/5 REFUND FOR BUSINESS LICENSE OVERPAYMENT 155.00 Total : 155.00 46925 11/6/2020 01276 ADVANTAGE 147435 02687 MEASURE DD NEWSLETTER PRINTING 4,838.74 Total : 4,838.74 46926 11/6/2020 01799 AIRFORCE 1 PLUMBING HEATING &, AIR, INC 100256 02770 FIRE STATION # 76 HVAC REPAIR 3,400.00 Total : 3,400.00 46927 11/6/2020 01252 AMAZON CAPITAL SERVICES, INC.113P-7T11-FJX6 COVID-19 SUPPLIES 645.94 17.40COVID-19 SUPPLIES1G93-TNMW-6MFF 191.40OFFICE SUPPLIES1GPL-GH7N-HMDM 647.94PD MATERIALS & SUPPLIES1H97-QMKY-R3P1 234.31P/W ADMIN MATERIALS & SUPPLIES1JW7-G9G7-GGKL 46.76FLEET STREETS EQUIPMENT MAINTENANCE1K7Q-JM6X-JTRL 89.22COMM SVCS SUPPLIES1LP3-FTJR-9W6G 32.61P/W ADMIN MATERIALS & SUPPLIES1N64-KFVR-CVNM 15.59COMM SVCS SUPPLIES1NKN-D69N-NFKD 101.70CITY HALL FACILITIES MATERIALS & SUPPLIE1P3T-NDTL-KJM1 70.42OFFICE SUPPLIES1RCD-H6FV-MGCX 1,062.93FLEET SMALL TOOLS & FIELD EQUIPMENT1RT4-GCP9-W4WD 137.88COMM SVCS SUPPLIES1XCL-GC46-1NWF 23.10COMM SVCS SUPPLIES1XK4-GT4Y-LXVL 16.52SWEET TEAM SUPPLIES1YJL-JWJR-WRFX Total : 3,333.72 46928 11/6/2020 00507 ANIMAL FRIENDS OF THE VALLEY AUG 2020 02602 AUG'20 ANIMAL FIELD SERVICES 18,750.00 02601 27,670.17AUG'20 ANIMAL FIELD SERVICESAUGUST 2020-1 Total : 46,420.17 46929 11/6/2020 01762 ANSER ADVISORY, LLC 1218 02382 JUL'20 CIP 16-07 CITYWIDE TRAFFIC SIGNA 1,539.26 02382 1,223.36AUG'20 CIP 16-07 CITYWIDE TRAFFIC SIGNA1267 2Page: 10.2.a Packet Pg. 15 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) 11/04/2020 Voucher List City of Menifee 3 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 2,762.62 46929 11/6/2020 01762 01762 ANSER ADVISORY, LLC 46930 11/6/2020 01849 BILLINGPARADISE 24X7, INC.GTCAP_7956091920 AUG'20 CLOSED CAPTIONING SERVICE FOR MEE 1,040.00 Total : 1,040.00 46931 11/6/2020 00915 BMW MOTORCYCLES OF RIVERSIDE 6025230/3 PD VEHICLE MAINTENANCE 1,865.36 Total : 1,865.36 46932 11/6/2020 01374 CIVILPROS COM_1002_202009 02109 SEP'20 CIP20-01 SCOTT/BUNDY CANYON RD PR 147,676.50 Total : 147,676.50 46933 11/6/2020 01516 CN ENGINEERING, INC 02616-03 02616 CN ENG- SEPT'20 RECOVERABLE ON-CALL ENGI 2,902.50 Total : 2,902.50 46934 11/6/2020 01210 CORKY'S PEST CONTROL 2505039 WEST ANNEX PEST CONTROL SVCS 85.00 59.00LAZY CREEK PEST CONTROL SVCS2505074 Total : 144.00 46935 11/6/2020 00949 CR&R INCORPORATED 0002376 02817 JUL'20 STREET SWEEPING SERVICES 4,239.88 02817 4,239.88AUG'20 STREET SWEEPING SERVICES0002401 Total : 8,479.76 46936 11/6/2020 00453 DENNIS JANDA, INC.14320 02617 DENNIS-JUL-AUG'20 ON-CALL RECOVERABLE SU 18,697.50 02700 1,450.00CIP 21-02 PROF SVCS - HAUN RD BUS SHELTE14396 Total : 20,147.50 46937 11/6/2020 00883 DHS CONSULTING, INC.1608-09 02176 JUL'20 -CIP16-08 CONSTRUCTION MGMT SVCS 7,733.37 02176 2,266.05AUG'20 CIP 16-08 CITYWIDE TRAFFIC SIGNAL1608-10 Total : 9,999.42 46938 11/6/2020 00080 DOCU-TRUST 041146 DOC STORAGE & RETRIEVAL SVCS 629.37 Total : 629.37 46939 11/6/2020 01621 DRAMA KIDS TEMECULA VALLEY CK REQ 10/27 COMM SVCS INSTRUCTOR PAYMENT 69.30 Total : 69.30 46940 11/6/2020 00765 FAMILY SERVICE ASSOC.09-2020-030 COVID-19-SENIOR MEALS FOR SEPT'20 1,000.00 3Page: 10.2.a Packet Pg. 16 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) 11/04/2020 Voucher List City of Menifee 4 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 1,000.00 46940 11/6/2020 00765 00765 FAMILY SERVICE ASSOC. 46941 11/6/2020 01533 FASTSIGNS TEMECULA 581-98899 CITY HALL OFFICE SUPPLIES 97.88 Total : 97.88 46942 11/6/2020 01929 FORENSIC NURSES OF SOCAL, INC 1459 02749 MENIFEE PD: FORENSIC SERVICES 1,200.00 Total : 1,200.00 46943 11/6/2020 01200 INLAND ELECTRIC INC 5767 FIRESTATION #76 FACILITY MAINTENANCE 282.90 1,220.84FIRESTATION #68 FACILITY MAINTENANCE5774 Total : 1,503.74 46944 11/6/2020 01431 JIMMY FU 419 PHOTOGRAPHY FOR CITY MARKETING 250.00 375.00PHOTOGRAPHY FOR CITY MARKETING430 Total : 625.00 46945 11/6/2020 01857 KC GRAPHICS 41633 PRINTING SVCS FOR CODE 1,187.55 Total : 1,187.55 46946 11/6/2020 01450 LOCAL GOVERNMENT COMMISSION 104727 01622 ATP PROJECT & GRANT MANAGEMENT SERVICES 427.50 Total : 427.50 46947 11/6/2020 01031 MENIFEE VALLEY TAEKWONDO ACADE CK REQ 10/27 COMM SVCS INSTRUCTOR PAYMENT 8.50 Total : 8.50 46948 11/6/2020 01576 MYERS & SONS HI-WAY SAFETY 105944 02450 ROMOLAND STREET NAME BLADE REPLACEMENTS 14,119.06 Total : 14,119.06 46949 11/6/2020 01160 PAYPRO ADMINISTRATORS PPC-152689 SEPT'20 COBRA INSURANCE 60.00 Total : 60.00 46950 11/6/2020 00252 PURCHASE POWER 0528-2038 SEP'20 SEP'20 POSTAGE REFILL 3,300.00 Total : 3,300.00 46951 11/6/2020 01212 R.J. NOBLE COMPANY 180540 P/W MATERIALS & SUPPLIES 117.20 Total : 117.20 46952 11/6/2020 00360 RIVERSIDE COUNTY, INFORMATION TECHNOLOGYIT0000004204 PD TELEPHONE SUPPLIES 1,380.09 4Page: 10.2.a Packet Pg. 17 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) 11/04/2020 Voucher List City of Menifee 5 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 1,380.09 46952 11/6/2020 00360 00360 RIVERSIDE COUNTY, INFORMATION TECHNOLOGY 46953 11/6/2020 01869 RSM DESIGN 20871-1 02510 CITYWIDE SIGNAGE PROGRAM 6,636.11 02510 26,617.50CITYWIDE SIGNAGE PROGRAM20932 Total : 33,253.61 46954 11/6/2020 00962 RUTAN & TUCKER, LLP 878227 AUG'20 CITY LEGAL SVCS 1,521.00 2,202.48AUG'20 CITY LEGAL SVCS878230 874.00AUG'20 CITY LEGAL SVCS878231 115.00AUG'20 CITY LEGAL SVCS878232 2,527.08AUG'20 CITY LEGAL SVCS878233 3,657.43AUG'20 CITY LEGAL SVCS878234 120.00AUG'20 CITY LEGAL SVCS878235 207.34AUG'20 CITY LEGAL SVCS878236 529.00AUG'20 CITY LEGAL SVCS878237 230.00AUG'20 CITY LEGAL SVCS878238 3,554.00AUG'20 CITY LEGAL SVCS878239 1,557.00AUG'20 CITY LEGAL SVCS878245 Total : 17,094.33 46955 11/6/2020 01318 SEARLE CREATIVE GROUP LLC 20283-COVID 02472 FY20/21 ON-CALL OUTREACH SUPPORT SERVICE 2,389.20 02472 2,392.44FY20/21 ON-CALL OUTREACH SUPPORT SERVICE20326-COVID Total : 4,781.64 46956 11/6/2020 00484 SELECT STAFFING 8405830626 TEMP EMP SVCS PE 9/13/20 4,359.76 Total : 4,359.76 46957 11/6/2020 01236 SPICER CONSULTING GROUP LLC 0654 02819 JULY'20 SPECIAL DISTRICT ADMIN SVCS 7,970.28 02819 7,970.28AUG'20 SPECIAL DISTRICT ADMIN SVCS0665 02819 7,970.28SEP'20 SPECIAL DISTRICT ADMIN SVCS0680 Total : 23,910.84 46958 11/6/2020 01228 SUN LIFE FINANCIAL 935452 -NOV'20 NOV'20 INSURANCE PREMIUMS 25,643.73 Total : 25,643.73 46959 11/6/2020 00899 T.Y. LIN INTERNATIONAL 102009224 02748 CIP 13-03: HOLLAND RD OVERPASS DESIGN/EN 10,268.72 Total : 10,268.72 5Page: 10.2.a Packet Pg. 18 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) 11/04/2020 Voucher List City of Menifee 6 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount 46960 11/6/2020 01401 VERIZON WIRELESS INV20585997 JUL'20 VEHICLE GPS SERVICE 948.00 Total : 948.00 46961 11/6/2020 01378 VISIONARIES IMAGE COMPANY 1137 02666 FY20/21 ON-CALL VIDEO & PHOTOGRAPHY SVCS 29,886.00 Total : 29,886.00 46962 11/6/2020 01250 VULCAN MATERIALS COMPANY 72708952 P/W MATERIALS & SUPPLIES 84.83 Total : 84.83 46963 11/6/2020 00504 WALLACE & ASSOCIATES 20-06MENIFEE-20-02 02365 SEPT'20 CIP 20-02 ETHANAC & SHERMAN RD L 760.00 Total : 760.00 46964 11/6/2020 01198 WHITE HOUSE SANITATION 0000802742 OCT'20 LAZY CREEK PORTABLE RESTROOM SVCS 183.42 146.61OCT'20 LYLE MARSH PORTABLE RESTROOM SVCS0000802743 Total : 330.03 46965 11/6/2020 01524 WRIGHT SEPTIC 29291 FIRESTATION #5 FACILITY MAINTENANCE 285.00 485.00FIRESTATION #5 FACILITY MAINTENANCE29460 Total : 770.00 46966 11/6/2020 01174 ZUMAR INDUSTRIES INC 89681 02637 P/W SIGN MAINTENANCE AND REPLACEMENT 10,279.33 Total : 10,279.33 46967 11/6/2020 00555 ADAME LANDSCAPING, INC.84341 02779 FY 20/21 MAINT SVCS FOR IRRIGATION REPAI 1,030.00 02779 333.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84348 02779 334.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84352 02779 781.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84430 02779 920.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84431 02779 175.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84531 02779 165.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84532 02779 150.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84533 02779 520.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84534 02779 195.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84735 02779 90.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84903 02779 95.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84904 02779 95.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84905 02779 115.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84906 02779 533.25FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84907 6Page: 10.2.a Packet Pg. 19 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) 11/04/2020 Voucher List City of Menifee 7 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount 46967 11/6/2020 (Continued)00555 ADAME LANDSCAPING, INC. 02779 931.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84933 02779 559.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84934 02779 384.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84935 02779 449.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84936 02779 540.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84937 02779 809.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI84998 02779 420.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85011 02779 1,260.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85012 02779 260.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85235 02779 150.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85236 02779 1,418.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85237 02779 672.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85267 02779 980.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85268 02779 1,280.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85273 02779 502.11FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85461 02779 750.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85652 02779 590.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85653 02779 440.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85654 02779 305.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85655 02779 87.50FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85656 02779 1,479.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85658 Total : 19,796.86 46968 11/6/2020 00555 ADAME LANDSCAPING, INC.84902 02779 FY 20/21 MAINT SVCS FOR IRRIGATION REPAI 86.50 02779 85.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85239 02779 85.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85240 02779 85.00FY 20/21 MAINT SVCS FOR IRRIGATION REPAI85659 Total : 341.50 46969 11/6/2020 01812 ADAMSON POLICE PRODUCTS INV334411 02350 MENIFEE PD BALLISTIC HELMETS 1,642.13 Total : 1,642.13 46970 11/6/2020 00191 AFLAC 796109 OCT'20 INSURANCE PREMIUMS 12,454.16 Total : 12,454.16 46971 11/6/2020 01045 AHERN RENTALS, INC 22508867-001 P/W EQUIPMENT RENTAL 592.53 7Page: 10.2.a Packet Pg. 20 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) 11/04/2020 Voucher List City of Menifee 8 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount 46971 11/6/2020 (Continued)01045 AHERN RENTALS, INC 1,876.11P/W EQUIPMENT RENTAL22531540-001 Total : 2,468.64 46972 11/6/2020 01795 AIR & HOSE SOURCE, INC 395823 P/W EQUIPMENT MAINTENANCE 77.85 69.77P/W EQUIPMENT MAINTENANCE395936 Total : 147.62 46973 11/6/2020 01334 ALL STAR ELITE SPORTS 2238 SWEET TEAM MASKS FOR EMPLOYEES 870.00 Total : 870.00 46974 11/6/2020 01596 ALL STAR GLASS, INC.WTA085187 PD VEHICLE MAINTENANCE (VEH#20-09) 396.46 Total : 396.46 46975 11/6/2020 00744 ALLIED TRAFFIC & EQUIP. RENTAL 81450 P/W SIGN MAINT & REPLACEMENT 1,994.48 Total : 1,994.48 46976 11/6/2020 01872 AMBER/WARREN INC., DBA. ALTEK MEDIA GROUP15-902 AIRTIME FOR COVID-19 ANNOUNCEMENTS 750.00 Total : 750.00 46977 11/6/2020 01350 AMERIGAS PROPANE L.P.3111892325 FIRESTATION #68 PROPANE SVCS 470.29 Total : 470.29 46978 11/6/2020 01306 ANYPROMO, INC SA3315412 HATS FOR MIGHTY ME PROGRAM 264.64 Total : 264.64 46979 11/6/2020 01948 APPLEONE EMPLOYMENT SERVICES 01-5703719 CITY CLERK TEMP EMP SVCS PE 10/10/20 664.32 Total : 664.32 46980 11/6/2020 01814 ARROWHEAD FORENSICS 130965 MENIFEE PD OFFICE SUPPLIES 865.57 Total : 865.57 46981 11/6/2020 00679 AUTOZONE INC.4153198978 FLEET MATERIALS & SUPPLIES 8.68 224.12BLDG & SFTY VEHICLE MAINTENANCE5570376508 Total : 232.80 46982 11/6/2020 01746 BAY AREA DRIVING SCHOOL, INC CK REQ 10/27 COMM SVCS INSTRUCTOR PAYMENT 18.20 8Page: 10.2.a Packet Pg. 21 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) 11/04/2020 Voucher List City of Menifee 9 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 18.20 46982 11/6/2020 01746 01746 BAY AREA DRIVING SCHOOL, INC 46983 11/6/2020 01992 BEARE, DANNY CK REQ 11/2 PER DIEM FOR BASIC FIREARM TRAINING 122.00 Total : 122.00 46984 11/6/2020 01984 BIANCO BLINDS 2146 BLINDS FOR CITY HALL 325.00 Total : 325.00 46985 11/6/2020 00104 CITY CLERKS ASSOC OF CALIF.8752 MEMBERSHIP DUES 70.00 Total : 70.00 46986 11/6/2020 01550 COSTAR REALTY INFORMATION, INC 110826438-1 02821 COSTAR SUITE -REAL ESTATE PROPERTY SOFTW 7,278.40 Total : 7,278.40 46987 11/6/2020 01995 D'ALESSANDRO, TOMMY CK REQ 11/2 PER DIEM FOR BASIC FIREARM TRAINING 122.00 Total : 122.00 46988 11/6/2020 01996 DINH, TRONG CK REQ 11/2 PER DIEM FOR BASIC FIREARM TRAINING 122.00 Total : 122.00 46989 11/6/2020 01950 DOCUSIGN, INC.INV20847192 02720 FY20/21 DOCUSIGN SOFTWARE 4,692.00 Total : 4,692.00 46990 11/6/2020 01993 DURAN, RICARDO CK REQ 11/2 PER DIEM FOR BASIC FIREARM TRAINING 122.00 Total : 122.00 46991 11/6/2020 00161 EASTERN MUNICIPAL WATER DIST.101923-02 10/21 OCT'20 CSA 145 WATER SVCS 1,129.59 393.27OCT'20 LLMD ZONE 3 WATER SVCS231135-03 10/20 359.99OCT'20 LLMD ZONE 3 WATER SVCS231149-03 10/20 233.27OCT'20 LLMD ZONE 3 WATER SVCS231150-03 10/20 1,024.31OCT'20 HAUN RD WATER SVCS236550-01 10/20 184.85SEPT'20 AMR SPORTS PARK WATER SVCS236607-02 10/14 167.08OCT'20 LA PIEDRA/SHERMAN IRRIGATION WATE237370-01 10/20 198.35OCT'20 AMR ROW WATER SVCS238346-02 10/20 220.11OCT'20 AMR ROW IRRIGATION SVCS238455-02 10/21 51.15OCT'20 AMR ROW WATER SVCS238834-02 10/21 504.27OCT'20 AMR ROW WATER SVCS238835-02 10/20 502.99OCT'20 AMR ROW WATER SVCS238836-02 10/20 9Page: 10.2.a Packet Pg. 22 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) 11/04/2020 Voucher List City of Menifee 10 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount 46991 11/6/2020 (Continued)00161 EASTERN MUNICIPAL WATER DIST. 1,133.71OCT'20 SPIRIT WATER SVCS239155-02 10/20 246.44OCT'20 TOWN CENTER ROW WATER SVCS240236-02 10/20 60.84OCT'20 TOWN CENTER ROW WATER SVCS240240-02 10/21 220.84OCT'20 TOWN CENTER ROW WATER SVCS240243-02 10/20 109.48OCT'20 TOWN CENTER ROW WATER SVCS240244-02 10/20 39.90SEP'20 FIRE STATION #7 WATER SVCS240865-01 10/05 172.38SEP'20 FIRE STATION #7 WATER SVCS241468-01 10/05 778.77SEP'20 FIRE STATION #7 WATER SVCS241469-01 10/05 402.12SEP'20 CITY HALL WATER SVCS246366-02 10/5 504.27OCT'20 AMR CREEK VIEW IRRIGATION WATER S247266-02 10/20 206.76OCT'20 TOWN CENTER ROW WATER SVCS249510-02 10/20 223.40OCT'20 TOWN CENTER ROW WATER SVCS249511-02 10/20 78.55SEP'20 POLICE HEADQUARTERS WATER SVC254376-01 10/05 Total : 9,146.69 46992 11/6/2020 01928 EFAX CORPORATE 3008355 SEP'20 PD VIRUTAL FAX LINES FOR TRAINING 129.50 Total : 129.50 46993 11/6/2020 01696 ELECNOR BELCO ELECTRIC, INC 01 02388 CIP 16-07 CITY WIDE TRAFFIC SIGNAL COMMU 20,284.87 Total : 20,284.87 46994 11/6/2020 01503 ETIENNE, ANN-MARIE CK REQ 11/2 PETTY CASH REIMB PE 11/2/2020 684.92 Total : 684.92 46995 11/6/2020 01503 ETIENNE, ANN-MARIE CK REQ 10/27/2020 MENIFEE PD PETTY CASH REIMB PE10/27/2020 436.78 Total : 436.78 46996 11/6/2020 01142 FRONTIER CALIFORNIA INC.323-159-1679 10/10 OCT'20 SENIOR CENTER FIOS SVCS 140.98 Total : 140.98 46997 11/6/2020 01987 GARNER HOLT EDUCATION THROUGH, IMAGINATIONCK REQ 10/28 COMM SVCS INSTRUCTOR PAYMENT 168.00 Total : 168.00 46998 11/6/2020 01310 GOLDSTAR ASPHALT PRODUCTS 16680 P/W MATERIALS & SUPPLIES 59.29 Total : 59.29 46999 11/6/2020 00908 GOSCH AUTO GROUP 2062088 CODE ENF VEHICLE MAINTENANCE (VEH#110) 19.14 10Page: 10.2.a Packet Pg. 23 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) 11/04/2020 Voucher List City of Menifee 11 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount 46999 11/6/2020 (Continued)00908 GOSCH AUTO GROUP 86.73PD VEHICLE MAINTENANCE (VEH#305)5015316 Total : 105.87 47000 11/6/2020 01060 HANK'S HARDWARE & LUMBER INC.N14972 PD FACILITIES MATERIALS & SUPPLIES 65.74 20.09FACILITIES MATERIALS & SUPPLIESN14973 Total : 85.83 47001 11/6/2020 01999 HARPER, MATTHEW CK REQ 11/2 PER DIEM FOR BASIC FIREARM TRAINING 122.00 Total : 122.00 47002 11/6/2020 00921 HD SUPPLY CONSTRUCTION SUPPLY 10012985869 P/W MATERIALS & SUPPLIES 40.99 Total : 40.99 47003 11/6/2020 00558 HDL COREN & CONE SIN004444 OCT- DEC'20 CONTRACT PROPERTY TAX SVCS 3,170.00 Total : 3,170.00 47004 11/6/2020 01734 HOME DEPOT CREDIT SERVICES 7141 10/13 SUPPLIES 470.63 Total : 470.63 47005 11/6/2020 01991 HORNER, TOM CK REQ 11/2 PER DIEM FOR BASIC FIREARM TRAINING 122.00 Total : 122.00 47006 11/6/2020 01043 IMPERIAL SPRINKLER SUPPLY 4261408-00 ROW IRRIGATION SUPPLIES 11.54 02754 2,869.34CENTENNIAL PARK IRRIGATION SUPPLIES4332866-00 Total : 2,880.88 47007 11/6/2020 01471 INFRASTRUCTURE ENGINEERING, CORPORATION13016 02440 CIP 19-06 SCOTT/MURRIETA RD TRAFFIC SIG 380.00 02469 380.00SEPT'20 CIP 20-06 & 20-07 LABOR COMPLIAN13017 Total : 760.00 47008 11/6/2020 01054 INLAND OVERHEAD DOOR 45538 FIRE STATION #7 FACILITY MAINTENANCE 298.50 280.00FIRESTATION #7 FACILITY MAINTENANCE45832 Total : 578.50 47009 11/6/2020 00225 INT'L CITY MGMT ASSOC 705676 20/21 CITY MANAGER MEMBERSHIP RENEWAL 1,400.00 Total : 1,400.00 11Page: 10.2.a Packet Pg. 24 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) 11/04/2020 Voucher List City of Menifee 12 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount 47010 11/6/2020 00746 JIM ROGERS LOCK & KEY 14656 P/W MATERIALS & SUPPLIES 36.87 74.07PD HEADQUARTERS FACILITY MAINTENANCE17793 Total : 110.94 47011 11/6/2020 01331 KOA CORPORATION JB91167-13 02624 SEPT'20 NON RECOVERABLE GRANT MANAGEMENT 3,875.00 Total : 3,875.00 47012 11/6/2020 01743 L.N. CURTIS & SONS INV417596 02355 MENIFEE PD GAS MASKS FIRST RESPONDER KIT 1,033.13 Total : 1,033.13 47013 11/6/2020 00128 LOWES 6081 10/2 SUPPLIES 1,752.38 Total : 1,752.38 47014 11/6/2020 01284 MAIN STREET SIGNS 34190 P/W SIGN MAINTENANCE & REPLACEMENT 647.97 Total : 647.97 47015 11/6/2020 01891 MATTHEW FAGAN CONSULTING, INC #2 02589 MATTHEW FAGAN -AUG'20 CEQA/ENVIRONMENTAL 2,805.00 Total : 2,805.00 47016 11/6/2020 01100 MCCALL STORAGE & CARWASH INC CK REQ 10/27/2020 P/W & COMM SVCS FLEET VEHICLE MAINT 1,000.00 Total : 1,000.00 47017 11/6/2020 00057 MENIFEE VALLEY AWARDS 20-6695 AWARD FOR EMPLOYEE APPRECIATION 93.80 Total : 93.80 47018 11/6/2020 01563 MERCHANTS BUILDING MAINTENANCE 592775 CITY HALL FACILITY MAINT 250.00 02801 4,928.00COVID-19 DISINFECTING SERVICES597233 02801 5,152.00COVID-19 DISINFECTING SERVICES597251 02801 4,704.00COVID-19 DISINFECTING SERVICES597268 Total : 15,034.00 47019 11/6/2020 00474 BEDROS DARKJIAN CK REQ 10/15/2020 REFUND DEPOSIT BASED FEE 2013-157, 2013- 9,937.86 Total : 9,937.86 47020 11/6/2020 00474 SUTTER MITLAND 01 LLC CK REQ 10/07 REFUND DEPOSIT BASED FEE IS19-026 & IS19 4,970.27 Total : 4,970.27 47021 11/6/2020 00474 RICHMOND AMERICAN CK REQ 10/14 REIMB FOR DOUBLE PYMT OF PMT20-03502-035 1,349.20 12Page: 10.2.a Packet Pg. 25 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) 11/04/2020 Voucher List City of Menifee 13 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 1,349.20 47021 11/6/2020 00474 00474 RICHMOND AMERICAN 47022 11/6/2020 00474 MOHAMMAD KASHANI CK REQ 10/14 REFUND OF IP18-009 & RPT17-032 1,053.75 Total : 1,053.75 47023 11/6/2020 00474 CAVENAUGH & ASSOCIATES 11/2/20 DUI SEMINAR TRAINING 620.00 Total : 620.00 47024 11/6/2020 00474 CATHERINE A VINCENT ATTORNEY A CK REQ 10/27/2020 REFUND OF SUBPOENA FEES 550.00 Total : 550.00 47025 11/6/2020 00474 D.R. HORTON CK REQ 10/14 REIMB. FOR DOUBLE PYMT OF EP20-269 521.00 Total : 521.00 47026 11/6/2020 00474 HORIZON SOLAR POWER CK REQ 10/14 REIMB FOR DOUBLE PYMT OF PMT20-03514 452.80 Total : 452.80 47027 11/6/2020 00474 DONNA CARTIER CK REQ 10/14 REIMB FOR MILITARY BANNER 135.00 Total : 135.00 47028 11/6/2020 01473 MISS APRIL'S DANCE CK REQ 10/27 COMM SVCS INSTRUCTOR PAYMENT 70.00 Total : 70.00 47029 11/6/2020 00690 MMASC 2452 MMASC MEMBERSHIP DUES 90.00 Total : 90.00 47030 11/6/2020 01605 MOBILE MODULAR MANAGEMENT CORP 300321485 MOBILE MODULAR RENTAL 102.44 Total : 102.44 47031 11/6/2020 00715 MOORE FENCE COMPANY, INC.20-7026 P/W YARD FACILITY MAINTENANCE 621.81 Total : 621.81 47032 11/6/2020 01693 NICKS, JONATHAN CK REQ 10/30 LIABILITY CLAIM FOR DAMAGES 563.12 Total : 563.12 47033 11/6/2020 01480 NORTH AMERICAN COMPANY FOR, LIFE AND HEALTH INSURANCE10/22/20 ANNUAL CITY MANAGER LIFE INSURANCE POLIC 629.00 Total : 629.00 47034 11/6/2020 01558 OCCUPATION HEALTH CENTERS, OF CALIFORNIA69147922 PRE-EMPLOYMENT TESTING SVCS 263.50 13Page: 10.2.a Packet Pg. 26 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) 11/04/2020 Voucher List City of Menifee 14 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 263.50 47034 11/6/2020 01558 01558 OCCUPATION HEALTH CENTERS, OF CALIFORNIA 47035 11/6/2020 01130 O'REILLY AUTO PARTS 4746-140778 FLEET STREETS VEHICLE MAINTENANCE 131.15 22.15PD VEHICLE MAINTENANCE4746-143119 22.15PD VEHICLE MAINTENANCE4746-144970 110.60FLEET EQUIPMENT MAINTENANCE4746-145798 18.48FLEET EQUIPMENT MAINTENANCE4746-146036 Total : 304.53 47036 11/6/2020 01674 PACIFIC ALARM SERVICE R-00227542 02761 NOV'20 FIRE & BURGLAR ALARM MONITORING S 110.00 Total : 110.00 47037 11/6/2020 00038 PARSAC 21-67 20/21 ANNUAL LIABILITY PROGRAM RENEWAL 882,875.00 Total : 882,875.00 47038 11/6/2020 01886 PECHANGA BAND OF LUISENO, MISSION INDIANS13651 02561 CIP 19-06 TRIBAL MONITORING SVCS SCOTT & 98.00 Total : 98.00 47039 11/6/2020 01505 PERRIS VALLEY AUTO CENTER 15009128/1 P/W VEHICLE MAINTENANCE (VEH#220) 87.06 105.97P/W VEHICLE MAINTENANCE (VEH#232)15009129/1 49.65PD VEHICLE MAINTENANCE (VEH#20-36)15009190/1 Total : 242.68 47040 11/6/2020 01065 PRUDENTIAL OVERALL SUPPLY 23043321 P/W UNIFORM LAUNDRY SVCS 120.79 132.89P/W UNIFORM LAUNDRY SVCS23046270 40.47P/W LAUNDRY SVCS23046273 132.89P/W UNIFORM LAUNDRY SVCS23049210 40.47P/W LAUNDRY SVCS23049211 132.89P/W UNIFORM LAUNDRY SVCS23052651 40.47P/W LAUNDRY SVCS23052652 132.89P/W UNIFORM LAUNDRY SVCS23055416 45.87COMM SVCS UNIFORM LAUNDRY SVCS23058832 45.87COMM SVCS UNIFORM LAUNDRY SVCS23061939 Total : 865.50 47041 11/6/2020 00473 PVP COMMUNICATIONS 127734 02506 MENIFEE PD HELMET COMMUNICATIONS KIT 3,577.88 02506 2,855.78MENIFEE PD HELMET COMMUNICATIONS KIT127885 14Page: 10.2.a Packet Pg. 27 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) 11/04/2020 Voucher List City of Menifee 15 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 6,433.66 47041 11/6/2020 00473 00473 PVP COMMUNICATIONS 47042 11/6/2020 00006 R&R BUSINESS SOLUTIONS 8509 PRINTING SVCS 42.96 42.96PRINTING SVCS8510 Total : 85.92 47043 11/6/2020 00013 READYREFRESH 00I0036688976 CITY HALL BOTTLE WATER SUPPLY 302.67 542.55CITY HALL BOTTLE WATER SUPPLY10J0029762325 Total : 845.22 47044 11/6/2020 01997 REVELES, CHRISTINA CK REQ 11/2 PER DIEM FOR BASIC FIREARM TRAINING 122.00 Total : 122.00 47045 11/6/2020 01491 RINCON CONSULTANTS, INC 23890 02644 JUL'20 ON-CALL PLANNING & ENVIRONMENTAL 6,965.00 Total : 6,965.00 47046 11/6/2020 00530 RIVERSIDE COUNTY CLERK CK REQ 10/27 NOE FILING FEE 50.00 Total : 50.00 47047 11/6/2020 00500 RIVERSIDE HABITAT CONSERVATION CK REQ 10/23 AUG'20 K-RAT FEES 217.50 407.50SEP'20 K-RAT FEESCK REQ 10/23 Total : 625.00 47048 11/6/2020 00456 ROGERS, ANDERSON, MALODY 64236 02786 FY 19/20 AUDIT SERVICES 6,000.00 Total : 6,000.00 47049 11/6/2020 00042 S. CALIF. ASSOC. OF GOVTS 10/23/20 SCAG ASSESSMENT DUES FY 20/21 9,644.00 Total : 9,644.00 47050 11/6/2020 01858 SAFETY-KLEEN SYSTEMS, INC 84297271 PD VEHICLE MAINTENANCE 98.94 Total : 98.94 47051 11/6/2020 01915 SIG SAUER, INC 3698014 02574 MENIFEE PD HANDGUN GRIPS 261.00 Total : 261.00 47052 11/6/2020 01453 SIGNS BY TOMORROW 25355 02659 FY20/21 PUBLIC HEARING NOTICE SIGNAGE SE 960.75 02659 720.56FY20/21 PUBLIC HEARING NOTICE SIGNAGE SE25393 15Page: 10.2.a Packet Pg. 28 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) 11/04/2020 Voucher List City of Menifee 16 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 1,681.31 47052 11/6/2020 01453 01453 SIGNS BY TOMORROW 47053 11/6/2020 01640 SO CAL SHORT LOAD INC 03130 P/W MATERIALS & SUPPLIES 410.00 380.00P/W MATERIALS & SUPPLIES03135 440.00P/W MATERIALS & SUPPLIES3120 470.00P/W MATERIALS & SUPPLIES3170 Total : 1,700.00 47054 11/6/2020 00046 SOUTHERN CALIFORNIA EDISON 2-30-857-8947 10/17 SEPT'20 POLICE HEADQUARTERS ELECTRICAL S 3,776.02 302.33SEPT'20 NEWPORT RD SGNL & STREETLIGHTING2-32-648-0936 10/10 88.69SEPT'20 ANTELOPE RD TC-1 SGNL SVC2-33-675-0278 10/14 133.70OCT'20 NEWPORT RD/AMR CFD 2012-1 SGNL SV2-34-392-5475 10/23 82.24OCT'20 DERBY HILL TC-1 SIGNAL SVCS2-35-338-9109 10/22 43.83OCT'20 DERBY HILL TC-1 SIGNAL SVC2-35-338-9240 10/22 417.88SEPT'20 CFD 2017-1 STREET LIGHT & IRRIGA2-36-156-2671 10/15 280.52SEPT'20 CITY SIGNAL SVCS2-36-738-8345 10/10 313.49SEPT'20 CITY SIGNALS SVCS2-36-751-2365 10/15 24.66SEPT'20 TOWN CENTER IRRIGATION SVCS2-37-161-9065 10/14 4,283.55SEPT'20 FIRE STATIONS ELECTRICAL SVC2-39-846-6326 10/14 62.10OCT'20 AMR STREET LIGHT SVC2-41-025-9733 10/22 24.81OCT'20 AMR STREET LIGHT SVC2-41-025-9790 10/22 38.40AUG'20 2017-1 TOWN CENTER TRAFFIC SIGNAL2-41-608-8649 10/13 1,333.06SEPT'20 POLICE HEADQUARTERS ELECTRICAL S2-41-909-0907 10/14 29.32SEPT'20 AMR SPORTS PARK ELECTRIC SVCS2-42-069-6999 10/14 493.81OCT'20 CENTRAL PARK ELECTRIC SVCS2-42-593-7505 10/24 41.69SEPT'20 AMR STREET LIGHT SVCS2-42-955-0510 10/7 Total : 11,770.10 47055 11/6/2020 01932 SOUTHERN CALIFORNIA NEWS GROUP 0011404931 LEGAL ADVERTISING SVCS 401.50 Total : 401.50 47056 11/6/2020 00045 STAPLES 6041 9/15 OFFICE SUPPLIES 270.78 Total : 270.78 47057 11/6/2020 00283 STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE474362 SEP'20 BLOOD ALCOHOL ANALYSIS 311.00 Total : 311.00 47058 11/6/2020 01010 STC TRAFFIC, INC.4242-A 02633 AUG'20 NON-RECOVERABLE TRAFFIC ENG RVW S 5,783.50 16Page: 10.2.a Packet Pg. 29 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) 11/04/2020 Voucher List City of Menifee 17 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total : 5,783.50 47058 11/6/2020 01010 01010 STC TRAFFIC, INC. 47059 11/6/2020 01994 STEINHOUSER, KEVIN CK REQ 11/2 PER DIEM FOR BASIC FIREARM TRAINING 122.00 Total : 122.00 47060 11/6/2020 01053 SUN CITY HARDWARE 6726777 8/31 COMM SVCS & P/W SUPPLIES 652.00 Total : 652.00 47061 11/6/2020 01754 SUPERIOR READY MIX CONCRETE, L.P.148340 P/W MATERIALS & SUPPLIES 463.33 Total : 463.33 47062 11/6/2020 01846 SYSCO RIVERSIDE, INC 220887118 SUPPLIES FOR COVID-19 102.64 Total : 102.64 47063 11/6/2020 00098 THE GAS COMPANY 008 125 8251 8 10/22 OCT'20 CSA 145 GAS SVCS 9.81 15.78OCT'20 WEST ANNEX/SR. CTR GAS SVCS064 825 8334 8 10/22 21.38OCT'20 NORTH ANNEX GAS SVCS069 025 8387 8 10/22 19.13OCT'20 POLICE DEPT (BLDG A) GAS SVCS091 934 9672 7 10/22 60.57OCT'20 POLICE DEPT (BLDG B) GAS SVCS186 436 1021 7 10/22 Total : 126.67 47064 11/6/2020 00854 THE LLOYD PEST CONTROL CO, INC 7197928 SEP'20 P/W PEST CONTROL SVCS 70.00 99.00SEP'20 PD HQ PEST CONTROL SVCS7198251 Total : 169.00 47065 11/6/2020 01085 THE SHERWIN-WILLIAMS CO 5460-2 GRAFFITI ABATEMENT SUPPLIES 33.54 Total : 33.54 47066 11/6/2020 01998 THOMAS, TYQUAN CK REQ 11/2 PER DIEM FOR BASIC FIREARM TRAINING 122.00 Total : 122.00 47067 11/6/2020 01064 TRI STATE MATERIALS INC 92458 P/W MATERIALS & SUPPLIES 100.21 Total : 100.21 47068 11/6/2020 00430 UNION BANK, N.A.1227334 AUG'20 ACCT MGMT SVCS 291.67 Total : 291.67 47069 11/6/2020 00189 VERIZON WIRELESS 9861871384 CITY MOBILE DEVICE CHARGES AUG'20 5,703.82 17Page: 10.2.a Packet Pg. 30 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) 11/04/2020 Voucher List City of Menifee 18 4:39:36PM Page:vchlist Bank code :uboc Voucher Date Vendor Invoice PO #Description/Account Amount 47069 11/6/2020 (Continued)00189 VERIZON WIRELESS 4,659.27SEP'20 PD MOBILE CHARGES9863440916 4,989.57CITY MOBILE DEVICE CHARGES SEP'209863956512 Total : 15,352.66 47070 11/6/2020 01425 VIDEO APPROACH 2020-00047 02471 MENIFEE DAILY COVID-19 UPDATES 2,500.00 02471 1,620.00MENIFEE DAILY COVID-19 UPDATES2020-00049 02471 2,000.00MENIFEE DAILY COVID-19 UPDATES2020-00052 02471 3,649.00MENIFEE DAILY COVID-19 UPDATES2020-00057 Total : 9,769.00 47071 11/6/2020 00976 VIRTUAL PROJECT MANAGER LLC 12-2480 VIRTUAL PROJECT MANAGER 500.00 Total : 500.00 47072 11/6/2020 00787 WAGEWORKS, INC.INV2353063 SEP'20 FSA MONTHLY PREMIUM 547.00 Total : 547.00 47073 11/6/2020 00270 WEST COAST LIGHTS & SIRENS INC 20556 02425 RETROFIT UNDERCOVER VEHICLE 4,894.36 Total : 4,894.36 47074 11/6/2020 00143 WRCRCA CK REQ 10/23 AUG 2020 - MSHCP FEES 218,846.00 262,492.74SEP 2020 - MSHCP FEESCK REQ 10/23 Total : 481,338.74 Bank total : 2,087,291.37 153 Vouchers for bank code :uboc 2,087,291.37Total vouchers :Vouchers in this report 153 18Page: 10.2.a Packet Pg. 31 Attachment: Voucher Listing 11-06-2020 (2745 : Warrant Register) Date Paid by:Payee Description Amount 10/30/2020 ACH City Payroll Payroll Period 10/10/2020 - 10/23/2020 121,376.00 11/2/2020 ACH City Payroll Payroll Period 10/24/2020 - 11/2/2020 6,167.04 11/13/2020 ACH City Payroll Payroll Period 10/24/2020 - 11/6/2020 654,920.04 11/13/2020 ACH ICMA Payroll Period 10/24/2020 - 11/6/2020 32,765.50 TOTAL PAYROLL:815,228.58$ Date Paid by:Payee Description Amount 11/2/2020 ACH PayPros Credit Card Processing Fees 15,185.72 11/6/2020 ACH CALPERS - Medical Nov-20 228,880.85 11/10/2020 Wire Wilmington Trust WRCOG Street Light Program Debt Payment 60,301.61 11/12/2020 ACH CALPERS - Retirement Payroll Period 9/26/2020 - 10/9/2020 59,867.62 11/12/2020 ACH CALPERS - Retirement Payroll Period 9/26/2020 - 10/9/2020 79,868.86 TOTAL OTHER EFT'S:444,104.66$ TOTAL PAYMENTS:1,259,333.24$ Payroll Register, Taxes and Other EFT's/Wires City of Menifee December 2, 2020 10.2.b Packet Pg. 32 Attachment: Payroll Register 12-2-2020 (2745 : Warrant Register) CITY OF MENIFEE SUBJECT: 2021 City Council Meeting Calendar MEETING DATE: December 2, 2020 TO: Mayor and City Council PREPARED BY: Sarah Manwaring, City Clerk REVIEWED BY: Sarah Manwaring, City Clerk APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION 1. Approve the cancellation of the January 6, 2021 City Council meeting, and 2. Approve the 2021 City Council Meeting Calendar. DISCUSSION In years past, the City Council has cancelled the first City Council meeting held in January. During the holiday season it can be difficult to prepare the required documentation and receive approvals for agenda items when often staff, consultants and developers have taken that time off. This year the first City Council meeting is January 6. Per the Menifee Municipal Code, City Council Regular meetings are held on the first and third Wednesday of each month starting at 6 p.m. Attached is the full meeting calendar for 2021. Although staff does not see any other foreseeable conflicts with the 2021 schedule, it is a good idea for Council to review the 2021 calendar for any necessary cancelations or rescheduling. City Council may cancel or reschedule a meeting at any time throughout the year for any reason; and Special meetings and Emergency meetings may be scheduled as needed. 10.3 Packet Pg. 33 City of Menifee Staff Report 2021 CC Meeting Calendar December 2, 2020 Page 2 of 2 Holidays and Observances: Jan 1 New Year's Day Jan 18 Martin Luther King Jr. Day Feb 1 First Day of Black History Month Feb 14 Valentine's Day Feb 15 Presidents' Day Mar 1 First Day of Women's History Month Mar 17 St. Patrick's Day Apr 4 Easter Sunday Apr 5 Easter Monday Apr 15 Tax Day May 5 Cinco de Mayo May 9 Mother's Day May 31 Memorial Day Jun 19 Juneteenth Jun 20 Father's Day Jul 4 Independence Day Jul 5 'Independence Day' observed Sep 6 Labor Day Oct 11 Columbus Day Oct 31 Halloween Nov 2 Election Day Nov 11 Veterans Day Nov 25 Thanksgiving Day Nov 26 Black Friday Nov 26 Native American Heritage Day Dec 24 'Christmas Day' day off Dec 24 Christmas Eve Dec 25 Christmas Day Dec 31 'New Year's Day' day off Dec 31 New Year's Eve *Red = Federal Holidays/City Holidays Observed FISCAL IMPACT There is no fiscal impact. ATTACHMENTS 1. 2021 Council Meeting Schedule 10.3 Packet Pg. 34 2021 CITY COUNCIL MEETING SCHEDULE Date of Meeting January 6, 2021 January 20, 2021 February 3,2021 February 17, 2021 March 3, 2021 March 17, 2021 April 7, 2021 April 21, 2021 May 5, 2021 May 19, 2021 June 2, 2021 June 16, 2021 July 7, 2021 July 21, 2021 August 4, 2021 August 18, 2021 September 1, 2021 September 15, 2021 October 6, 2021 October 20, 2021 November 3, 2021 November 17, 2021 December 1, 2021 December 15, 2021 10.3.a Packet Pg. 35 Attachment: 2021 Council Meeting Schedule (2755 : 2021 CC Meeting Calendar) CITY OF MENIFEE SUBJECT: Covenant of Improvement Requirements, Survey Monument Agreement and Final Parcel Map 37379 for Legado Development by BLC Fleming LLC and the Fleming Family Limited Partnership MEETING DATE: December 2, 2020 TO: Mayor and City Council PREPARED BY: Yolanda Macalalad, Assistant City Engineer REVIEWED BY: Yolanda Macalalad, Assistant City Engineer APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION 1. Approve Covenant of Improvement Requirements for Parcel Map 37379 (PM37379), located east of Encanto Drive, south of Rouse Road and west of Antelope Road; and 2. Approve Survey Monument Agreement for Final PM 37379; and 3. Approve the filing of Final Map for PM 37379. DISCUSSION The attached Tentative Parcel Map (TPM) 37379 is a proposed subdivision of 184.76 gross acres of land into four large parcels for ownership and conveyance purposes and is located east of Encanto Drive, south of Rouse Road and west of Antelope Road. On October 13, 2017, the Property Owners, BLC Fleming LLC and The Fleming Family Limited Partnership submitted an application to the City for approval of the Tentative Parcel Map under Case No. 2017-337 (or TPM 37379). The Property Owners are now requesting the filing of the final map for TPM 37379. On December 11, 2019, the City of Menifee Planning Commission conditionally approved TPM 37379. The Conditions of Approval (COA) require prior to recordation of a final map, the construction and dedication to City, of certain public improvements and easements for the orderly future development of the parcel map. The COA provide that such construction and dedication can be deferred, pursuant to a written agreement approved by the City. The recommended Covenant of Improvement Requirements is the agreement that will satisfy such condition. Staff and the City Attorney reviewed the agreement and determined it meets the parcel map conditions and is consistent with City policies and regulation. 10.4 Packet Pg. 36 City of Menifee Staff Report Agreement, Survey Monument and Final Parcel Map 37379 December 2, 2020 Page 2 of 2 Additionally, the Subdivision Map Act requires that survey monuments are placed or guaranteed for placement prior to recordation of a final map. The Property Owner entered into a Survey Monument Agreement with the City and posted the required security for correct placement of survey monuments. Staff reviewed the agreement and determined it meets City policies and regulations. Staff determined that the Project Conditions required prior to final map recordation of TPM 37379 have been satisfied. FISCAL IMPACT There is no impact to the general fund, the property owner paid the fees and deposits required to pay for the preparation and review of the Covenant Agreement, the Survey Monument Agreement, and Final Parcel Map. ATTACHMENTS 1. EXHIBIT - PM 37379 2. Covenant of Improvement Requirements (Parcel Map 37379) 3. PM 37379 Survey Monument Agreement 10.4 Packet Pg. 37 PARCEL 1 PARCEL 2 SHERMANROADSUNSHINECOURTBRADYLANETRUMBLEROADMYLESCOURTTRENASLANELOT "C" LOT "B" TRAC T M A P N O. 1 9 7 8 1 MB 18 6/ 3 1- 4 0 LOT "A" LOT "D" LOT "F" REMOL A F A R M S NO. 14 MB 16/3 6 - 3 8 1452 1453 1483 1482 1481 1451 1450 1420 1421 NW 1/4 SEC. 2 2 NE 1/4 SEC. 2 2 LOT "G" 1422 LOT "E" PARCEL 4 PARCEL 3 215 FREEWAYEXHIBIT A 10.4.a Packet Pg. 38 Attachment: EXHIBIT - PM 37379 (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.b Packet Pg. 39 Attachment: Covenant of Improvement Requirements (Parcel Map 37379) (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.b Packet Pg. 40 Attachment: Covenant of Improvement Requirements (Parcel Map 37379) (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.b Packet Pg. 41 Attachment: Covenant of Improvement Requirements (Parcel Map 37379) (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.b Packet Pg. 42 Attachment: Covenant of Improvement Requirements (Parcel Map 37379) (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.b Packet Pg. 43 Attachment: Covenant of Improvement Requirements (Parcel Map 37379) (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.b Packet Pg. 44 Attachment: Covenant of Improvement Requirements (Parcel Map 37379) (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.b Packet Pg. 45 Attachment: Covenant of Improvement Requirements (Parcel Map 37379) (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.b Packet Pg. 46 Attachment: Covenant of Improvement Requirements (Parcel Map 37379) (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.b Packet Pg. 47 Attachment: Covenant of Improvement Requirements (Parcel Map 37379) (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.b Packet Pg. 48 Attachment: Covenant of Improvement Requirements (Parcel Map 37379) (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.b Packet Pg. 49 Attachment: Covenant of Improvement Requirements (Parcel Map 37379) (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.b Packet Pg. 50 Attachment: Covenant of Improvement Requirements (Parcel Map 37379) (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.b Packet Pg. 51 Attachment: Covenant of Improvement Requirements (Parcel Map 37379) (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.b Packet Pg. 52 Attachment: Covenant of Improvement Requirements (Parcel Map 37379) (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.c Packet Pg. 53 Attachment: PM 37379 Survey Monument Agreement (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.c Packet Pg. 54 Attachment: PM 37379 Survey Monument Agreement (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.c Packet Pg. 55 Attachment: PM 37379 Survey Monument Agreement (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.c Packet Pg. 56 Attachment: PM 37379 Survey Monument Agreement (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.c Packet Pg. 57 Attachment: PM 37379 Survey Monument Agreement (2751 : Agreement, Survey Monument and Final Parcel Map 37379) 10.4.c Packet Pg. 58 Attachment: PM 37379 Survey Monument Agreement (2751 : Agreement, Survey Monument and Final Parcel Map 37379) CITY OF MENIFEE SUBJECT: Community Facilities District Landscape Improvements, Audie Murphy Ranch North Phase 1, Sutter Mitland 01, LLC MEETING DATE: December 2, 2020 TO: Mayor and City Council PREPARED BY: Chet Robinson, Associate Engineer REVIEWED BY: Yolanda Macalalad, Assistant City Engineer APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION Accept the Community Facilities District (CFD) landscape improvements located along Goetz Road, Audie Murphy Road and Normandy Road within Phase 1 of Audie Murphy Ranch North. DISCUSSION Audie Murphy Ranch is a master planned community in the western portion of the City of Menifee. Audie Murphy Ranch North is on the north side of Newport Road and consists of two phases. Phase 1 is the area between the Salt Creek Channel and the previous alignment of Newport Road (currently Normandy Road) as shown on the attached location map. The street improvements within Phase 1 of Audie Murphy Ranch North included widening of Goetz Road and construction of Audie Murphy Road and Normandy Road. The street improvements were previously approved and accepted by the City of Menifee. The landscape improvements along Goetz Road, Audie Murphy Road, and Normandy Road will be maintained by the City’s Community Facilities District (CFD) 2012-1. The landscape improvements are included in City of Menifee construction plans IP16-021L and IP16-022L and the area of the landscaping is shown on the attached location map. The developer of Audie Murphy Ranch, Sutter Mitland 01, LLC, completed the required described landscape improvements, and is now requesting acceptance by the City for inclusion into the City CFD 2012-1 maintenance responsibility. Staff reviewed the request and has determined that the landscape improvements have been fully completed to City specifications and approved plans, and the developer has satisfied the required minimum one- year maintenance. . 10.5 Packet Pg. 59 City of Menifee Staff Report Goetz, Audie Murphy, and Normandy Road Improvements December 2, 2020 Page 2 of 2 FISCAL IMPACT There is no impact to the City General Fund. The developer paid the necessary fees and deposits in preparing and reviewing the request for acceptance of the landscape improvements. The operation and maintenance of the landscape improvements will be funded by special district taxes that will be collected from this development for being included within the boundaries of CFD 2012-1. ATTACHMENTS 1. Location Map 10.5 Packet Pg. 60 T T 31 1 23 4 5 6 7 8 9 23 22 21 20 19 18 17 16 15 44 43 32 42 41 40 39 38 37 36 10 11 12 1428 27 26 25 48 24 35 50 34 33 32 30 46 29 45 48 47 50 49 51 52 53 68 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 19 20 21 22 23 24 25 26 27 28 29 30 31 10 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 49 51 5269 70 71 72 67 66 65 64 63 626160 59 73 74 75 76 77 54 55 56 57 58 94 95 96 97 98 99 100 101 1021 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 4039383736353433323130 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 8990919293 94 95 96 97 99 100 101 119120 121 118 117122 123 116 115124 114125 126 113 112127 128 111 110 129 109 108 107 106 105 104 103 102 4645444342 51 50 49 48 47 565554 5352 62 61 60 59 58 57 686766656463 74 73 72 71 70 69 81807978777675 88 87 86 85 84 83 82 1234567 41 1314 6121110987654321 19 18 17 16 15 54321 98 2 3 4 125 136 147 158910 161 13 11 15 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16171819202122232425262728 29 30 31 32 33 34 35 36 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 3940414243 44 45 46 47 48 49 50 51 52 53 AUDIE MURPHY ROAD AUDI E M U R P H Y R O A D AUDIE MURPHY ROADANDALUCIA WAYWHISPERING PINES CIRCLE PLAINSMAN CIRCLE TEXICAN C I R C L E CROOKED TRAIL DRIVE CROOKED TRA I L D R I V E ANDALUCIA WAYMERRICK LANEMERRICK LANEDIABLO WAYDIABLO WAYDIABLO WAY DIABLO WAY MONTGOMERY WAY MONTGOMERY WAY TANNER PLACECOBURN CIRCLECROMWELL CIRCLECOMANCHE CREEK DRIVE COMA N C H E C R E E K D R WINTER CIRCLE WINTER CIRCLE WAND E R E R W A YHONOR COURTHONOR COURTRANCHO DEL ORO DRIVERANCHO DEL ORO DR IVEOLD CORRAL C IRCLE BIG COUNTRY DRIVE BIG COUNTRY DRIVEBIG COUNTRY DR IVEOLD MILL ROADOLD M ILL ROAD BLUE FE A T H E R C I R C L E DOOLI N W A Y GOETZ ROADGOETZ ROADSHADOWCIRC L E BRIDLE W O O D NORMANDY ROAD ANDALUCIA WAYGOETZ ROADAUDIE MURPHY ROADTHUNDER COURTTHUNDER COURTCIRCLELONG BUTTERFLY CIRCLE1 LUCIAN WAY3 10 11 12 PA-15 PA-15A PA-16 PA-18 TR. 36485-2 PA-19 PA-42 PA-40B TR. 36485-1 PA20 TR. 36485-2 THE RANCH HOUSE TR. 31822-1 PA-8 PA 30 PARK TR. 36485-4 PA 30 BASIN TR. 36485-4 PA-14 TR. 36485-3 TR. 36485-5 300100500 NORTHGOETZ ROAD SOUTH AMR LOOP ROAD - PH1 (CFD) AUDIE MURPHY RANCH NORTH - IP16-021lL & IP16-022L PLOT DATE: November 16, 2020310 NORTH JOY STREET CORONA, CA 92879 T: 951.737.1124 F: 951.737.6551 CFD LANDSCAPE MAINTENANCE PREPARED FOR BROOKFIELD RESIDENTIAL 3200 Park Center Drive, Ste 1000, Costa Mesa, CA 92626 IP16-022L POC 2 & 3 POC 1 IP16-021L NOT TO SCALEVICINITY MAP AMR 15 FREEWAY215 FREEWAYNEWPORT RD RAILROADCANYON ROADCANYON LAKE DRIVE GOETZ ROADNORMANDY ROAD MURRIETTAROADBEREAROADNOT TO SCALETRACT MAP NORTHSTREET STREET STREET I - C D H STREET F ST R E E T G STREETSTREET STRE ET AUDIE MURPHY ROAD GOETZ RO A D EE STREET STRE E T NN STRE E T M M F F LL STREET ST R EE T GG STREET G G STRE E T STREE T HH II STREET -- STREET K K STR EE T K STREET M STREET M STREET L STREET L STREET 4 STREET P STREET O STREET AUDIE MURPHY ROAD EEE STREET E E E ST . EEE STREET FFF STREET GGG STREET HHH STREE T N STREETAUDIE MURPHY ROAD S STREET S STREET W STREET X STREET Y STREET AA STREET Z STREET U STREET V STREET DD STREET CC STREET T ST R E E T R STRE ET V STREET OO S T . PP STREE T 44 STREET SS STREET TT STREET UU STREET VV STREET RR STRE ET RR STREET AUDIE MURPHY ROAD D DD STREE T C CC STR E ET B B B STRE E T A AA ST R E E T Z Z ST R E E T WW STREET XX STREET XX STREET B S T . Y Y ST AUDIE ROA DMURPH Y NORMANDY ROAD LA LADERA ROADGOETZ ROAD F TR 36485-2 TR 36485-3TR 36485-4 TR 31822-1 PA-42 TR 36485-5 TR 36485-7 PA-30TR 36485 -10 PA-9 T R 3 6 4 8 5 - 1 1 PA-7 TR 36485-9 TR 31822-2 TR 31822-1 TR 36485-8 TR 36485-6 TR 36485-F TR 36484 PA- 4 0 A PA-40BPA-40CPA-40FPA1C TR 36485-1 IP16-021L IP16-021L 10.5.a Packet Pg. 61 Attachment: Location Map (2747 : Goetz, Audie Murphy, and Normandy Road Improvements) CITY OF MENIFEE SUBJECT: Southern California Edison Agreement for Design and Estimation Related to the Relocation of Transmission Power Poles, Scott Road/Bundy Canyon Road Widening, CIP 20- 01 MEETING DATE: December 2, 2020 TO: Mayor and City Council PREPARED BY: Carlos Geronimo, Principal Engineer REVIEWED BY: Jeff Wyman, Assistant City Manager APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION 1. Authorize the City Manager to execute Southern California Edison (SCE) Letter of Agreement for Engineering and Estimation in relation to the relocation of Transmission Power Poles for the Scott Road/Bundy Canyon Road Widening; and 2. Authorize Finance Department to issue a Purchase Order to Southern California Edison for $115,000 to cover advance payment and other engineering costs related to the relocation of the Power Poles. DISCUSSION The Scott Road and Bundy Canyon Road project, Capital Improvement Project (CIP) 20-01, proposes to widen the existing two-lane road to four lanes (two on each direction), ten-foot shoulders and a fourteen-foot double left turn striped center median. The project starts at the intersection of Scott Road and Haun Road and ends at the intersection of Bundy Canyon Road and Sunset Avenue (limit with City of Wildomar). Due to the significant expansion of the proposed roadway footprint, the improvements will affect 70 power poles that belong to Southern California Edison (SCE) along the entire alignment of the project. As part of their franchise agreement, SCE is required to relocate their facilities at their own cost where the City has “prior rights,” and the City would need to cover the costs of relocation of power poles where SCE has prior rights. Prior rights refer to the City’s establishment of its right-of-way (ROW) prior to the construction of SCE facilities inside the ROW. The City’s consultant for the project, Civil-Pros, and SCE conducted a “prior rights” study over the entire alignment of the proposed road and determined that of the 70 affected power poles, SCE has prior rights for 31 power poles and therefore, the City is liable to relocate those 31 poles at its own cost. 10.6 Packet Pg. 62 City of Menifee Staff Report Scott Road Widening - SCE Relocation Design Agreement December 2, 2020 Page 2 of 2 The relocation efforts include preliminary design and estimates that are prepared by SCE’s engineering staff. The City has contacted SCE and requested that this work be prepared in a timely manner in order to meet the project’s schedule for relocation of the power poles. In order to start the design and estimates for the relocation work, SCE requests an advance payment for $75,000. This payment will go towards the design and estimation efforts, and final amounts will be determined once the plans are completed. As stated in the Letter of Agreement provided by SCE, if actual costs incurred exceed the amount of the engineering advance payment, it is the City’s responsibility to pay the difference. If the actual costs incurred are less than the engineering advance payment, SCE will deduct the actual costs and refund the difference to the City. In order to cover any final design and estimation costs beyond the $75,000 advance payment, city staff recommends that a Purchase Order (PO) for $115,000 be prepared to cover for these costs. The construction costs for the relocation of the power poles are not included in the design and estimation costs. The construction costs will be determined once the design and estimation is completed by SCE. FISCAL IMPACT The funds to pay SCE for design and estimation related costs are budgeted in the following Fiscal Year 2020-21 account: Fund Name Account Number Available Funds 410-Bundy Cyn/Scott RD Road Widening 410-4555-58083 $519,814 ATTACHMENTS 1. SCE Request for Engineering Advance 10.6 Packet Pg. 63 Cindy Quinn Construction & Technical Support - Project Management Project Manager May 20, 2020 Carlos Geronimo City of Menifee 29844 Haun Road Menifee, CA 92586 Project Location: Menifee and Wildomar Dear Carlos Geronimo: Subject: Request for Engineering Advance Project ID # 2116 Southern California Edison Company (“SCE”) requires an engineering advance in the amount of $75,000.00 to proceed with the following activities: designing a relocation plan for SCE’s Transmission and Distribution facilities affected by your project, preparing a cost estimate for the proposed relocation plan, and related activities (hereinafter, “Design and Estimation”). You agree to pay to SCE the actual costs incurred in the course of Design and Estimation, recognizing that the actual costs may differ from the amount above. If this project is cancelled, SCE will calculate the actual costs SCE has incurred through the date of cancellation and provide you with a final invoice. If the actual costs exceed the amount of the engineering advance, you agree to pay SCE the difference. If the actual costs are less than the engineering advance, SCE will deduct the actual costs from the engineering advance, and will refund the difference to you. If the project is not cancelled, any unused funds from the engineering advance will be applied to the total actual cost of the project. Please issue your payment in the above-described amount payable to Southern California Edison, and forward it to the Accounts Receivable address indicated on the enclosed Invoice, or follow the instructions on the Invoice for making a wire or ACH payment. Please return a countersigned copy of this letter agreement to my office at the following address: 12353 Hesperia Rd, Victorville, CA 92395. Page 1 of 212353 Hesperia Rd Victorville, CA 92395 (760) 217-1487 cindy.quinn@sce.com DocuSign Envelope ID: 7EC332CB-039B-462E-B322-FE39DE500FD7 10.6.a Packet Pg. 64 Attachment: SCE Request for Engineering Advance (2752 : Scott Road Widening - SCE Relocation Design Agreement) Cindy Quinn Construction & Technical Support - Project Management Project Manager I have read and understood the above letter agreement, and acknowledge and agree to the terms herein as an authorized representative of City of Menifee. By: Date: Title: Applicant Signature Print Name CC: Lauren Huson, project file. I will be managing your project; therefore, if I may be of assistance to you, please do not hesitate to telephone me at (760) 217-1487. Please notify me immediately if the project is delayed, cancelled, or if there are changes in building plans, work schedules or completion dates. Sincerely, Cindy Quinn Project Manager Construction & Technical Support - Project Management Page 2 of 2 DocuSign Envelope ID: 7EC332CB-039B-462E-B322-FE39DE500FD7 10.6.a Packet Pg. 65 Attachment: SCE Request for Engineering Advance (2752 : Scott Road Widening - SCE Relocation Design Agreement) CITY OF MENIFEE SUBJECT: Bucknam Infrastructure Group, Inc. Agreement to Update Pavement Management Program MEETING DATE: December 2, 2020 TO: Mayor and City Council PREPARED BY: Run Chen, Senior Engineer REVIEWED BY: Jeff Wyman, Assistant City Manager APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION 1. Authorize the City Manager to execute a professional services agreement with Bucknam Infrastructure Group, Inc. to update the City’s Pavement Management Program for local, collector, major and arterial streets, in the amount not-to-exceed $66,768; and 2. Authorize the City Manager to execute any necessary contract amendments not exceeding 10% of the contract amount, or $6,676.80. DISCUSSION The City of Menifee Pavement Management Program (PMP) was developed to assist City personnel in maintaining current and accurate data of the City street network condition, thereby providing a helpful tool in developing cost-effective pavement maintenance strategies. Availability of such resource will allow City staff effectively and efficiently address the City’s pavement needs using limited fiscal resources. Over the past 12 years since its 2008 inception, the PMP has been updated regularly to ensure new additions or modifications to the City Roadway Network are incorporated, including pavement conditions, designation of accurate Pavement Condition Index (PCI), and prioritization of road maintenance based on budget availability. As the City of Menifee population continues to grow, brought mostly by new development, the City street network system continues to expand accordingly. This growth necessitates a regular update of the PMP to create necessary capital street maintenance and rehabilitation projects to ensure the street network is kept at optimum condition at all times. Periodic updates include the capturing of new construction and roadway improvements, and funding changes. To stay up to date, the PMP requires reassessment of approximately 325 miles of local, major and arterial streets every four years. Arterial streets have additional interim updates every two years. 10.7 Packet Pg. 66 City of Menifee Staff Report Pavement Management Program Services Agreement December 2, 2020 Page 2 of 3 In the 2018 PMP update, the resulting final report dated January 15, 2019 focused on the arterial and collector street network. The 2021 PMP update will survey approximately 325 centerline miles of arterial, collector and residential local streets. To reduce costs, the update will utilize GIS imaging files developed in the 2018 PMP update, and then incorporate roads added to the City’s road network since 2018. The final 2021 PMP Report will make recommendation for road maintenance and rehabilitation projects for the five-year FY 2021- 2026 plan, utilizing a weighted average Pavement Condition Index (PCI) rating of 80 (Good) over the entire road network. To summarize, the 2021 PMP Report will cover the following: - Evaluation and update of Major and Arterial street network - Update street data and work history - Update Pavement Condition Index - Update Budget Analysis and Pavement Improvement Report - Update PMP GIS and map - Update the City Roadway database in PMP software (PaverTM) - Provide training to City staff The City issued a Request for Proposal (RFP) on August 20, 2020 to various Traffic Engineering consultants for the provision of professional engineering services for the PMP Update. Three proposals were received on September 10, 2020. Prospective consultants were directed to submit their proposals separate from their costs. The firms that submitted proposals are as follows: Firm Name Bucknam Infrastructure, Inc. Fugro USA Land, Inc. Applied Research Associates, Inc. A panel of three public works staff reviewed the proposals and rated the responses on the following five categories: (1) qualification of the firm, (2) proposed team and organization, (3) past experience and references, (4) project management system, and (5) proposal presentation. Price was not a factor in the initial scoring of the proposals. A summary of the review panel scoring is as follows: Firm Score (105) Bucknam Infrastructure Group 93.33 Applied Research Associates, Inc. 91.00 Fugro USA Land, Inc. 67.50 10.7 Packet Pg. 67 City of Menifee Staff Report Pavement Management Program Services Agreement December 2, 2020 Page 3 of 3 Once all proposals were reviewed and scored, the sealed envelopes of the top ranked firms were opened. City staff conducted an independent estimate of the proposed scope of work for the 2021 PMP and determined the expected cost would be about $80,970. Bucknam Infrastructure’s cost proposal is $66,768. Since the cost proposal is below the City’s independent estimate, no fee negotiations were conducted. The table below is for reference only and shows the price proposals from each of the firms: Firm Cost Proposal Bucknam Infrastructure Group $66,768 Applied Research Associates, Inc. $228,800 Fugro USA Land, Inc. $99,735 The contract with scope of work and fee schedule are provided as an attachment. FISCAL IMPACT The fiscal impact is $66,768 or up to $73,444.80 with the contingency. Funding for this project is included in the FY 20/21 budget in the following account: Fund 320: Capital Projects Description Account Total Amount 320 – Capital Projects: Professional Services 320-4551-52800 $120,000 ATTACHMENTS 1. AGREEMENT (BUCKNAM)(PMP Support Services) 10.7 Packet Pg. 68 2671/031858-0001 7630376.2 a09/14/20 CITY OF MENIFEE PROFESSIONAL SERVICES AGREEMENT FY 20/21 PAVEMENT MANAGEMENT PROGRAM SUPPORT SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _____ day of _____, 2020 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and Bucknam Infrastructure Group, a California S- 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 November 18, 2020 and shall end on December 31, 2021 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. 10.7.a Packet Pg. 69 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a09/14/20 -2- SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed SIXTY SIX THOUSAND SEVEN HUNDRED SIXTY EIGHT DOLLARS AND ZERO ($66,768.00) not withstanding 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: City of Menifee Attn: Accounts Payable 29844 Haun Road Menifee, CA 92586 10.7.a Packet Pg. 70 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a09/14/20 -3- 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 ten percent (10%) 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 limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. 10.7.a Packet Pg. 71 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a09/14/20 -4- 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. 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. 10.7.a Packet Pg. 72 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a09/14/20 -5- 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. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement. 10.7.a Packet Pg. 73 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a09/14/20 -6- 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: FY 20/21 PAVEMENT MANAGEMENT PROGRAM SUPPORT 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- 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 10.7.a Packet Pg. 74 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a09/14/20 -7- 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. 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 10.7.a Packet Pg. 75 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a09/14/20 -8- 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 for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. 5.4 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. 10.7.a Packet Pg. 76 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a09/14/20 -9- 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 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. 10.7.a Packet Pg. 77 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a09/14/20 -10- 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. 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. 10.7.a Packet Pg. 78 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a09/14/20 -11- 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. 10.7.a Packet Pg. 79 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a09/14/20 -12- 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 Peter Bucknam (“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, Run Chen, Senior Engineer (“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: 10.7.a Packet Pg. 80 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a09/14/20 -13- Bucknam Infrastructure Group Attn: Peter Bucknam 3548 Seagate Way, Suite 230 Oceanside, CA 92056 Any written notice to City shall be sent to the Contract Administrator at: City of Menifee 29844 Haun Road Menifee, CA 92586 Attn: Run Chen, Senior Engineer 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. 10.7.a Packet Pg. 81 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a09/14/20 -14- 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] 10.7.a Packet Pg. 82 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a09/14/20 -15- 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 Peter Bucknam, President Peter Bucknam, Secretary [Corporation must have two signatures] 10.7.a Packet Pg. 83 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a09/14/20 EXHIBIT A EXHIBIT A SCOPE OF SERVICES Comprehensive Pavement Management Program Support Services in the amount not to exceed SIXTY SIX THOUSAND SEVEN HUNDRED SIXTY EIGHT DOLLARS AND ZERO ($66,768.00) as further detailed in the following pages. 10.7.a Packet Pg. 84 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a00/00/00 EXHIBIT A 10.7.a Packet Pg. 85 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a00/00/00 -2- 10.7.a Packet Pg. 86 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a00/00/00 -3- 10.7.a Packet Pg. 87 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a00/00/00 -4- 10.7.a Packet Pg. 88 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a00/00/00 -5- 10.7.a Packet Pg. 89 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a00/00/00 -6- 10.7.a Packet Pg. 90 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a00/00/00 -7- 10.7.a Packet Pg. 91 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a00/00/00 -8- 10.7.a Packet Pg. 92 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a00/00/00 -9- 10.7.a Packet Pg. 93 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a00/00/00 -10- 10.7.a Packet Pg. 94 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a00/00/00 -11- 10.7.a Packet Pg. 95 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a00/00/00 -12- 10.7.a Packet Pg. 96 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a00/00/00 -13- 10.7.a Packet Pg. 97 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) 2671/031858-0001 7630376.2 a00/00/00 -14- 10.7.a Packet Pg. 98 Attachment: AGREEMENT (BUCKNAM)(PMP Support Services) (2728 : Pavement Management Program Services Agreement) CITY OF MENIFEE SUBJECT: Agreement with LC Paving & Sealing, Inc. for the Adams Avenue Street Improvements Phase-2, CIP 20-12 MEETING DATE: December 2, 2020 TO: Mayor and City Council PREPARED BY: Diego Guillen, Associate Engineer REVIEWED BY: Jeff Wyman, Assistant City Manager APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION 1. Award bid and authorize the City Manager to execute Owner-Contractor Agreement with LC Paving & Sealing, Inc. for the Adams Avenue Street Improvement Project, CIP 20-12 in the amount of $821,463.20; and 2. Authorize the City Engineer 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 $82,146; and 3. Approve Budget Amendment Resolution appropriation in the amount of $50,000 from unassigned 200-Gas Tax funds; and 4. Approve transfer of $193,114.20 savings in Measure DD funds from the School Sidewalk Missing Links project, CIP 18-05, to Adams Avenue Phase 2 project, CIP 20-12; and 5. Authorize the City Manager to execute the Utility Relocation Agreement between the City of Menifee and Eastern Municipal Water District (EMWD) for reimbursement of costs related to the relocation of water facilities for Adams Street Improvements Phase 2, CIP 20-12. DISCUSSION The project improvements consist of widening the existing road, addition of curb, gutter, sidewalk, pedestrian ramps and residential driveway approaches. The pedestrian and driveway improvements will be done on both sides of Adams Avenue within the project limits. The project will also remove and replace the existing roadway within the project limits. The road will be re- striped and additional signage will be installed. The length of the project along Adams Avenue is approximately 1,600 linear feet and will improve approximately 39,648 sf (0.91 acre). 10.8 Packet Pg. 99 City of Menifee Staff Report LC Paving & Sealing Inc. Agreement December 2, 2020 Page 2 of 5 The City’s Capital Improvement Program (CIP) staff have been working with Eastern Municipal Water District (EMWD) in order to relocate existing water utilities that are in direct conflict with the proposed project. EMWD owns and maintains all water and sewer appurtenances along Adams Avenue. Through research and coordination with EMWD it was determined that the city has prior easement rights that supersede EMWD’s; therefore, EMWD is 100% liable for any relocation costs associated with this project. 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. The Project will include the following streets for resurfacing: Adams Avenue Street Improvement Phase 2 Road Name From To Adams Avenue Watson Road 3rd Street As required by the California Public Contract Code (CPCC), the Project was advertised twice. An electronic bid opening for the above-mentioned project was held on October 14, 2020 at 3:00 pm. Below are the results of the bid opening. A total of nine bids were received as follows: Bidders (Lowest to Highest) Bid Schedule #1 (Non Water items) Bid Schedule #2 (Water items only) Total Bid Amount Engineer’s Estimate $950,400.00 $62,000.00 $1,012,400.00 LC Paving & Sealing Inc. $783,905.20 $37,558.00 $821,463.20 Copp Contracting Inc. $692,429.20 $143,600.00 $836,029.20 Onyx Paving $858,000.00 $101,000.00 $959,000.00 Hardy & Harper $824,011.26 $139,543.00 $963,554.26 IE General $856,904.00 $110,050.00 $966,954.00 Vance Corporation $931,935.00 $54,050.00 $985,985.00 All American Asphalt $875,573.00 $113,864.00 $989,437.00 R.J. Noble Company $930,119.00 $92,640.00 $1,022,759.00 Tryco General $1,679,140.00 $60,500.00 $1,739,640.00 City Staff reviewed the lowest bid from LC Paving & Sealing, Inc and determined that their bid meets all of the requirements of the contract documents for responsiveness and responsibility. 10.8 Packet Pg. 100 City of Menifee Staff Report LC Paving & Sealing Inc. Agreement December 2, 2020 Page 3 of 5 Construction management and inspection, including material testing and labor compliance, will be performed by a city consultant. Construction costs for the project are attached and outlined below as follows: Construction Contract: $821,463.20 Construction Contingency: $82,146.00 Consultant Labor Compliance: $14,280.00 Construction Management/Inspection $15,000.00 Materials Testing/Geotechnical $13,200.00 Total Construction Cost: $946,089.20 The available funds from the approved FY 2020-21 budget for the construction phase of this project is $702,975.00 in various accounts. Including inspections and contingencies, the actual project cost as noted above is $946,089.20, which leaves a deficit of $243,114.20. Recommendations for funding this project are listed in the Financial Impact Section. Tentative Project Schedule: Anticipated Construction Start Date: January 4, 2020 Estimated Construction Completion Date: March 9, 2021* Estimated Council Acceptance Date: April 7, 2021 *Assumes no delays due to weather or unforeseen conditions. Staff recommends awarding construction contract to LC Paving & Sealing Inc. and authorize the City Engineer to execute change orders not to exceed 10% of contract amount. ENVIRONMENTAL IMPACT The proposed use has been determined to be Categorically Exempt (“Existing Facilities”) under the California Environmental Quality Act (CEQA) and CEQA Guidelines, Section 15301. Class 1 consists of 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 for the purpose of public safety). The project is for the resurfacing, restriping, and addition of signage of an existing paved road. The proposed improvement is a negligible expansion of the existing use. The improvements described above are considered repair and maintenance to existing streets or similar facilities. The project is exempt per Section 15301. 10.8 Packet Pg. 101 City of Menifee Staff Report LC Paving & Sealing Inc. Agreement December 2, 2020 Page 4 of 5 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 (Section 15061(b)(3). There is no possibility that the activity in question will have a significant effect on the environment because the proposed project is occurring in an area that is heavily disturbed and is not environmentally sensitive. FISCAL IMPACT The available funds from the approved FY 2020-21 budget for the construction phase of this project is $702,975 in various accounts. Including inspections and contingencies, the actual project cost is $946,089.20, which leaves a funding gap of $243,114.20. To prevent any delays in moving forward with the project, staff has reviewed other existing funding available to cover the funding gap and identified the following available funds: Fund Account # Available Fund Balance: savings and unassigned funds 105-4555-58063 School Sidewalk Missing Links (Measure DD) $228,090.00 200- Gas Tax $50,000.00 City Staff obtained full support from the Measure DD Oversight Committee at its meeting held on November 18, 2020 to re-allocate $193,114.20 in Measure DD fund savings from the School Sidewalk Missing Links projects, CIP 18-05, to cover most of the funding gap for the Adams Avenue Phase 2 project. City Staff recommends the City Council to approve the reallocation of these funds as recommended by the Measure DD Oversight Committee. In addition, City staff recommends City Council approval to appropriate $50,000 of Gas Tax unassigned fund balance to cover the funding gap for the Adams Avenue Phase 2 project. This request will modify the approved FY 2020-21 CIP Budget to the following: Description Account # Available Transfers and Appropriation Total CDBG: Adams Ave. Improvements-Phase II 481-1920-58096 $254,072.00 $254,072.00 CDBG: Adams Ave. 481-2021-58096 $219,473.00 $219,473.00 10.8 Packet Pg. 102 City of Menifee Staff Report LC Paving & Sealing Inc. Agreement December 2, 2020 Page 5 of 5 Improvements-Phase II Gas Tax: Adams Ave. Improvements-Phase 2 200-4555-58096 $229,430.00 $50,000.00 $279,430.00 Measure DD: from School Sidewalk Missing Links. Account: 105-4555- 58063 $193,114.20 $193,114.20 TOTAL $702,975.00 $243,114.20 $946,089.20 ATTACHMENTS 1. FUND 200- Budget Amendment Resolution FY 20-21 -December 2nd City Council Meeting (Gas Tax) 2. CIP 20-12 Location Map 3. EMWD Reimbursement Agreement 4. AGREEMENT (L.C. PAVING & SEALING) (CIP 20-12) 10.8 Packet Pg. 103 RESOLUTION NO. 20-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2020/21 OPERATING BUDGET WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2020/21 with resolution 20-916 on June 3rd, 2020; 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 2020/21 budget as follows: AMENDMENTS TO ADOPTED BUDGET: Gas Tax Fund Adopted FY 2020/21 Revenue Budget: $2,217,110 CITY COUNCIL MEETING DESCRIPTION ACCOUNT # AMOUNT TOTAL: $0 Amended Gas Tax Fund FY 2020/21 Revenue Budget: $2,217,110 Gas Tax Fund Adopted FY 2020/21 Expenditure Budget: $2,367,154 2. Record Appropriation(s): CITY COUNCIL MEETING DESCRIPTION ACCOUNT # AMOUNT October 21, 2020 Various Expenditures Gas Tax Fund 200-xxxx-xxxxx 17,503 November 4, 2020 CIP 20-12 (Adams Ave Street Improvements Phase II) 200-4555-58096 50,000 TOTAL: $67,503 Amended Gas Tax Fund FY 2020/21 Expenditure Budget: $2,434,657 10.8.a Packet Pg. 104 Attachment: FUND 200- Budget Amendment Resolution FY 20-21 -December 2nd City Council Meeting (Gas Tax) (2725 : LC Paving & Sealing City of Menifee Resolution No. 20-XXX Amending the Fiscal Year 2020/21 Gas Tax Fund Budget 2 3. Record Transfer of Funds: 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 Gas Tax Fund for the City of Menifee for fiscal year 2020/21 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows: Revenues: 0 Amended Gas Tax Fund FY 2020/21 Budget $2,217,110 Expenditures: CIP 20-12 (Adams Ave Street Imp. Phase II) 50,000 Amended Gas Tax Fund FY 2020/21 Budget: $2,434,657 PASSED, APPROVED AND ADOPTED this 2nd day of December 2020. _____________________________ Bill Zimmerman, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney 10.8.a Packet Pg. 105 Attachment: FUND 200- Budget Amendment Resolution FY 20-21 -December 2nd City Council Meeting (Gas Tax) (2725 : LC Paving & Sealing 29 EXHIBIT A: PROJECT SITE MAP- ADAMS AVENUE FROM WATSON ROAD TO 3RD STREET 10.8.b Packet Pg. 106 Attachment: CIP 20-12 Location Map (2725 : LC Paving & Sealing Inc. Agreement) 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 ADAMS AVENUE STREET IMPROVEMENTS 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 Adams Avenue from Watson Road to 3rd Street in the City of Menifee, California, hereinafter referred to as “PROJECT”. As part of this PROJECT, the existing street will be improved and re-aligned. EMWD owns, operates, and maintains a 6” VCP sewer pipeline, 4” ACP water pipeline, along Adams Avenue between Watson Road and 3rd Street with related appurtenances located within PROJECT limits. The existing water meters need to be relocated behind the proposed sidewalk and vertical adjustment of all manholes and water valve covers. Therefore, it is hereby mutually agreed between CITY and EMWD that: I. WORK TO BE DONE A. CITY shall prepare plans for relocation of: water meters, vertical adjustment of sewer manholes, and water valve covers. B. CITY shall relocate water meters, 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 relocation of: the water meters and 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 existing water meters, adjustment of manholes, and adjustment of water valves will be relocated at EMWD’s expense and shall include all EMWD staff, consultant, inspection, and contractor costs. III. PERFORMANCE OF WORK 10.8.c Packet Pg. 107 Attachment: EMWD Reimbursement Agreement (2725 : LC Paving & Sealing Inc. Agreement) UTILITY AGREEMENT – Eastern Municipal Water District Page 2 of 5 A. CITY will administer the construction contract to relocate the water meters and adjust the manholes and water valves to grade on Adams Avenue per Street Improvement plans CIP 20-12 Adams Ave Street Improvements Plans Phase 2. CITY will provide construction management and inspection as well. B. EMWD shall have access to all phases of the facilities relocation work to be performed by 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 the proposed and relocated 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 the relocation of the existing water meters, adjustment of manholes and water valves. In the event additional work becomes necessary to complete relocation 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 and 10.8.c Packet Pg. 108 Attachment: EMWD Reimbursement Agreement (2725 : LC Paving & Sealing Inc. Agreement) UTILITY AGREEMENT – Eastern Municipal Water District Page 3 of 5 specifications, and oversee and inspect facilities relocations. CITY shall perform the work at EMWD expense. 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 10.8.c Packet Pg. 109 Attachment: EMWD Reimbursement Agreement (2725 : LC Paving & Sealing Inc. Agreement) UTILITY AGREEMENT – Eastern Municipal Water District Page 4 of 5 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 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 Relocation of Water Meters. Adjust manholes and water valves to grade. CITY’s responsibility. City’s cost to EMWD Waived Construction Relocation of Water Meters (horizontal and vertical). Quantity = 20 EA. CITY’s responsibility. EMWD to reimburse CITY for Construction Adjust Water Meter to grade. Quantity = 17 EA CITY’s responsibility. EMWD to reimburse CITY for Construction Adjust manholes to grade Quantity = 3 EA CITY’s responsibility. EMWD to reimburse CITY for Construction Adjust water valves/clean out to grade Quantity = 4 EA CITY’s responsibility. EMWD to reimburse CITY for Construction TOTAL Agency Estimate Costs: Description EMWD CITY Design Review Relocation of Water Meters. Adjust manholes and water valves to grade. EMWD’s responsibility EMWD’s cost to City Waived Inspection Fees Relocation of Water Meters. 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. 10.8.c Packet Pg. 110 Attachment: EMWD Reimbursement Agreement (2725 : LC Paving & Sealing Inc. Agreement) 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 10.8.c Packet Pg. 111 Attachment: EMWD Reimbursement Agreement (2725 : LC Paving & Sealing Inc. Agreement) 290/031858-0008 7645681.2 a08/09/19 Page 1 CITY OF MENIFEE BID AND CONTRACT DOCUMENTS OWNER-CONTRACTOR AGREEMENT CIP 20-12 ADAMS AVENUE STREET IMPROVEMENTS PHASE 2 This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and L.C. PAVING & SEALING, INC (“Contractor”), whose principal business address is 620 Alpine Way, Escondido, CA 92029 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 20-12 ADAMS AVENUE STREET IMPROVEMENTS PHASE 2 to be constructed at the Adams Avenue 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. 10.8.d Packet Pg. 112 Attachment: AGREEMENT (L.C. PAVING & SEALING) (CIP 20-12) (2725 : LC Paving & Sealing Inc. Agreement) 290/031858-0008 7645681.2 a08/09/19 Page 2 4. DELAYS AND EXTENSIONS OF TIME See Section 6-6 of the Special Provisions. 5. 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.] 6. 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. 7. 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. 8. 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 provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.” 9. 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. 10.8.d Packet Pg. 113 Attachment: AGREEMENT (L.C. PAVING & SEALING) (CIP 20-12) (2725 : LC Paving & Sealing Inc. Agreement) 290/031858-0008 7645681.2 a08/09/19 Page 3 10. 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. 11. 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. 12. 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. 13. 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 14. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 15. 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 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: 10.8.d Packet Pg. 114 Attachment: AGREEMENT (L.C. PAVING & SEALING) (CIP 20-12) (2725 : LC Paving & Sealing Inc. Agreement) 290/031858-0008 7645681.2 a08/09/19 Page 4 (Initial) (Initial) 16. 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: L.C. PAVING & SEALING, INC By: Name: Jose A. Salinas, President______ Its: APPROVED AS TO FORM: By: Jeffrey T. Melching, City Attorney By: Name: Jose A. Salinas, Secretary Its: ATTEST: By: Sarah A. Manwaring, City Clerk 040665 Contractor’s City Business License No. 612610; A, B & C12 State Contractor License No. & Class 620 Alpine Way Street Address Escondido, CA 92029 City, State, Zip Code [NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.] 10.8.d Packet Pg. 115 Attachment: AGREEMENT (L.C. PAVING & SEALING) (CIP 20-12) (2725 : LC Paving & Sealing Inc. Agreement) 290/031858-0008 7645681.2 a08/09/19 Page 5 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 10.8.d Packet Pg. 116 Attachment: AGREEMENT (L.C. PAVING & SEALING) (CIP 20-12) (2725 : LC Paving & Sealing Inc. Agreement) 290/031858-0008 7645681.2 a08/09/19 Page 6 EXHIBIT B CONTRACT PRICE Eight Hundred Twenty One Thousand Four Hundred Sixty Three Dollars and Twenty Cents ($821,463.20) 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. 10.8.d Packet Pg. 117 Attachment: AGREEMENT (L.C. PAVING & SEALING) (CIP 20-12) (2725 : LC Paving & Sealing Inc. Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 7 10.8.d Packet Pg. 118 Attachment: AGREEMENT (L.C. PAVING & SEALING) (CIP 20-12) (2725 : LC Paving & Sealing Inc. Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 8 10.8.d Packet Pg. 119 Attachment: AGREEMENT (L.C. PAVING & SEALING) (CIP 20-12) (2725 : LC Paving & Sealing Inc. Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 9 10.8.d Packet Pg. 120 Attachment: AGREEMENT (L.C. PAVING & SEALING) (CIP 20-12) (2725 : LC Paving & Sealing Inc. Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 10 10.8.d Packet Pg. 121 Attachment: AGREEMENT (L.C. PAVING & SEALING) (CIP 20-12) (2725 : LC Paving & Sealing Inc. Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 11 10.8.d Packet Pg. 122 Attachment: AGREEMENT (L.C. PAVING & SEALING) (CIP 20-12) (2725 : LC Paving & Sealing Inc. Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 12 10.8.d Packet Pg. 123 Attachment: AGREEMENT (L.C. PAVING & SEALING) (CIP 20-12) (2725 : LC Paving & Sealing Inc. Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 13 10.8.d Packet Pg. 124 Attachment: AGREEMENT (L.C. PAVING & SEALING) (CIP 20-12) (2725 : LC Paving & Sealing Inc. Agreement) 290/031858-0008 7645681.2 a00/00/00 Page 14 10.8.d Packet Pg. 125 Attachment: AGREEMENT (L.C. PAVING & SEALING) (CIP 20-12) (2725 : LC Paving & Sealing Inc. Agreement) CITY OF MENIFEE SUBJECT: Hidden Hills Development Agreement Amendment MEETING DATE: December 2, 2020 TO: Mayor and City Council PREPARED BY: Tamara Harrison, Senior Planner REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION 1. Conduct a Public Hearing; and 2. Introduce for first reading of an Ordinance approving Development Agreement Amendment No. PLN20-0075, for the development located north of Garbani Road, south of Craig Avenue, west of Evans Road and east of Murrieta Road, and subject to the findings and conclusions incorporated in the staff report and Resolution. DISCUSSION Project Location The site is located north of Garbani Road, south of Craig Avenue, west of Evans Road and east of Murrieta Road. 11.1 Packet Pg. 126 City of Menifee Staff Report Hidden Hills Development Agreement Amendment December 2, 2020 Page 2 of 4 Project Description DA No. PLN20-0075 proposes to amend the originally approved Development Agreement No. (DA 2009-149) for the Hidden Hills development (Tentative Tract Map No. 30142-2 and –F – “Peppertree and Cypress”) by: 1). extending the expiration date of the agreement from March 2, 2020 to March 2, 2025 and 2) extending allowable City Development Impact Fee (DIF) reductions. Purpose of a Development Agreement Per Section 9.45.010 of the Menifee Municipal Code, the purpose of Development Agreements is to benefit the public, in that A. Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public. B. Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development. 11.1 Packet Pg. 127 City of Menifee Staff Report Hidden Hills Development Agreement Amendment December 2, 2020 Page 3 of 4 C. Development Agreements enable the City to plan for and finance public facilities, including but not limited to streets, sewer, transportation of drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing. Background Tract 30142, also known as Hidden Hills by KB Home Coastal, Inc. (KB), was previously approved by the County of Riverside Board of Supervisors on June 8, 2004. The Tentative Tract Map was originally approved as a Schedule “A” subdivision of 166.3 acres into up to 523 single-family residential lots with 409 lots with a 7200 square foot minimum and 114 lots with a 6000 square foot minimum, a 5.3 acre park. 3 detention basins totaling 2 acres, 11 acres of open space (paseo) lots and a 3.3 acre hillside area. The Tentative Map was subsequently amended reducing the total number of lots to 511 to allow for construction of a flood control channel along the eastern side of Evans Road, affecting TTM 30142- 1. The first EOT was approved by the County on June 8, 2007 and the second EOT was approved by the City of Menifee on June 16, 2009 per Extension of Time 2009-036. Construction began in 2009 but slowed during the economic downturn. In 2010 the City Council approved a Development Agreement in an effort to facilitate development, construction of over 11 acres of parks/trails amenities, construction of regional storm drain facilities, street improvements and facilitation of residential home construction. In addition, the DA included provisions for the dedication of 20.18 acres of land to the City, 80% Development Impact Fee reduction, and vested the zoning for the project site for a term of ten (10) years. The first phase of homes (TR30142-1) was constructed between 2011 and 2013 while the economy was recovering from recession. KB resumed development of the remaining two phases (TR30142 and TR30142-2) around 2015, and construction of the homes began in 2017. There are approximately 147 building permits left to be issued for the project. Planning Commission – September 23, 2020 At the September 23, 2020 Planning Commission hearing, the Planning Commission recommended adoption of an Ordinance approving Development Agreement Amendment No. PLN20-0075 to the City Council by a unanimous vote (5:0). City Council Finance Subcommittee The proposed amendment was presented to the City Council Finance Subcommittee on March 26, 2020 and received unanimous support. Development Agreement Amendment Provisions The following provisions are included within the amended Development Agreement as proposed: • Extend the expiration date of the Development Agreement from March 2, 2020 through March 2, 2025. 11.1 Packet Pg. 128 City of Menifee Staff Report Hidden Hills Development Agreement Amendment December 2, 2020 Page 4 of 4 • Extend the allowable Development Impact Fees (DIF) Reduction for the term of the amended Development Agreement as follows: o All lots shall receive an eighty percent (80%) reduction in the payment of the City’s DIF that is due and paid between March 2, 2020 and March 1, 2022 o All lots shall receive a fifty percent (50%) reduction in the payment of the City’s DIF for fees that are due and paid from March 2, 2022 through March 1, 2025 Environmental Determination No Further Environmental Documentation is required because: (a) all potentially significant effects of the proposed project have been adequately analyzed in an earlier Environmental Impact Report (EIR0045) adopted by the County of Riverside pursuant to applicable legal standards; (b) all potentially significant effects of the proposed project have been avoided or mitigated pursuant to that earlier EIR except those for which a statement of overriding considerations was adopted; (c) the proposed project will not result in any new significant environmental effects not identified in the earlier EIR; (d) the proposed project will not substantially increase the severity of the environmental effects identified in the earlier EIR; (e) no considerably different mitigation measures have been identified; and, (f) no mitigation measures found infeasible have become feasible. FISCAL IMPACT Below is a comparison of the Development Impact Fees (DIF) fee amounts: • Under recorded Development Agreement County DIF w/80% reduction: $795/unit • Proposed DAA City DIF w/80% reduction: $1,975/unit (March 2, 2020 through March 1, 2022) • Proposed DAA City DIF w/50% reduction: $4,937/unit (March 2, 2022 through March 2, 2025) • Without DAA City DIF: $9,874/unit ATTACHMENTS 1. Project Summary Table 2. Ordinance 3. KB Hidden Hills DA Amendment #1 4. Recorded KB Home DA 2009-149 5. Exhibit C to Hidden Hills DA Amend #1 6. Public Hearing Notice 11.1 Packet Pg. 129 Attachment A Project Summary Table Summary of Pertinent Land Use and Policy Designations for Proposed Project Category Information General Plan Existing General Plan Land Use Designation 2.1-5 Residential and Open Space - Recreation Surrounding General Plan Land Use Designation North: 2.1-5 dwelling units per acre (du/ac) Residential (2.1-5 R), Rural Residential – 1 acre minimum (RR1) South: Public/Quasi Public Facilities (PF), Rural Residential – 1 acre minimum (RR1) East: 2.1-5 du/ac Residential (2.1-5 R), Open Space-Recreation (OS-R) West: Rural Residential – 1 acre minimum (RR1) Zoning Existing Zoning Designation Low Density Residential – 2 (LDR-2) Proposed Zoning Designation N/A Surrounding Zoning Designations North: Rural Residential-1 acre minimum (RR1), Low Density Residential-2 (LDR-2) South: Low Density Residential-2 (LDR-2) East: Low Density Residential-1 (LDR-1), Low Density Residential-2 (LDR-2), Open Space-Recreation (OS-R) West: Rural Residential – 1 acre minimum (RR1) Other Information Existing Use Single-family residences and vacant land Surrounding Uses North: Scattered single-family residences South: Vacant land East: Single-family residential and vacant land West: Single-family residences Gross Acreage 116.2 Dwelling Units TR30142-1, TR30142-2 and TR30142 - 511 single-family residential lots Assessor Parcel Numbers 333-020-009, 333-020-010 (partial), 333-030-012, 333-030-013, 333-030-021, and 333-030-022 (partial) Environmental Review Environmental Impact Report No. 0045 Policy Areas Mt. Palomar Lighting Influence Area Airport Influence Area – March Air Reserve Base District Information School: Menifee Union School District & Perris Union High School District Water/Sewer: Eastern Municipal Water District Flood Control: Riverside County Flood Control District Fees 1. Subsequent review fees on an hourly basis per Resolution No. 18-741 (Cost of Services Fee Study) 2. Development Impact Fees 3. Western Riverside Multi-Species Habitat Conservation Plan (WRMSHCP) fee (Ord. No. 810) 4. Stephen’s Kangaroo Rat fees (Ord. No. 663) 5. Western Transportation Uniform Mitigation Fee (Ord. No. 824) (central) 11.1.a Packet Pg. 130 Attachment: Project Summary Table [Revision 2] (2741 : Hidden Hills Development Agreement Amendment) Attachment A Project Summary Table Summary of Pertinent Land Use and Policy Designations for Proposed Project Category Information 6. Menifee Valley Road and Bridge Benefit District Fees Letters Received No comments on the project have been received at the time this report was prepared. Source: Planning case file and GIS system, July 2020 11.1.a Packet Pg. 131 Attachment: Project Summary Table [Revision 2] (2741 : Hidden Hills Development Agreement Amendment) ORDINANCE NO. 2020-____ AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA FOR THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2009-149 (PLN20-0075) BY AND BETWEEN THE CITY OF MENIFEE AND KB HOME COASTAL INC WHEREAS, the Development Agreement between the City of Menifee (“City”) and KB Home Coastal, Inc. (“Applicant”) for the Hidden Hills residential development which consists of 511 single-family residential lots, a 5.3 acre park, 3 detention basins totaling 2 acres, 11 acres of open space/regional trail and paseo lots, and a 3.3 acre hillside area on an approximately 166 acre site within the City was set to expire on March 2, 2020 (“Development”); and WHEREAS, on February 28, 2020, the Applicant filed a formal application with the City for a first amendment to the Development Agreement (“First Amendment”) to extend the expiration date of the Development Agreement from March 2, 2020, to March 2, 2025, and extend the allowable City Development Impact Fee (“DIF”) reductions for the term of the Agreement; and WHEREAS, the First Amendment does not intensify or otherwise change the Development; and WHEREAS, on October 26, 2004, prior to the City’s incorporation, the Board of Supervisors of Riverside County certified that Environmental Impact Report No. 445, which analyzed the environmental impacts that would result from the Development had been prepared in full compliance with CEQA (the “EIR”); and WHEREAS, on September 23, 2020, the Planning Commission, held a duly noticed Public Hearing on the First Amendment, considered all public testimony as well as materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, notices placed on the Development site, and notice to property owners within 300 feet of the Development boundaries, and to persons requesting public notice; and WHEREAS, on December 2, 2020, the City Council, held a duly noticed Public Hearing on the First Amendment, introduced and conducted a first reading of the Ordinance, and considered all public testimony as well as materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, notices placed on the Development site, and notice to property owners within 300 feet of the Development boundaries, and to persons requesting public notice; and WHEREAS, the First Amendment has been prepared, processed, reviewed, heard, and approved in accordance with applicable law, including but not limited to Section 65864 et seq. of the Government Code; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA ORDAINS AS FOLLOWS: Section 1: The proposed First Amendment to the Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan. 11.1.b Packet Pg. 132 Attachment: Ordinance [Revision 1] (2741 : Hidden Hills Development Agreement Amendment) The General Plan land use designation of the site is 2.1-5 Residential (2.15- R) and Open Space-Recreation. The 21.5-R designation is intended for single-family detached and attached residences with a density range of 2 to 5 dwelling units per acre. The project is the First Amendment to a previously approved Development Agreement for the Hidden Hills residential development. The previous Development Agreement and the associated tract map were found to be consistent with the underlying General Plan designations in effect at the time the agreement and tract were originally approved. The current General Plan designations also allows similar residential developments. The First Amendment to the Development Agreement will only extend the expiration date of the agreement and the DIF reductions for the Development, and will not alter any of the previously- approved residential uses. Therefore, the proposed First Amendment is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan. Section 2: Consistency with the Zoning Code. The proposed First Amendment is compatible with uses authorized in, and the regulations prescribed for, the zone in which the real property will be located. The zoning designation of the subject site is Low Density Residential – 2 (LDR-2) and Open Space-Recreation (OS-R). The project is the First Amendment to a previously approved Development Agreement for the Hidden Hills residential development. The previous Development Agreement and the associated tract map were found to be consistent with the underlying zoning designations in effect at the time the agreement and tract were originally approved. The current zoning designation also allows similar residential developments. The First Amendment will only extend the expiration date of the Development Agreement and the DIF reductions for the Development, and will not alter any of the previously-approved residential uses. Therefore, the proposed First Amendment is compatible with uses authorized in, and the regulations prescribed for, the zone in which the real property is located. Section 3: The proposed First Amendment to the Development Agreement is in conformity with and will promote public convenience, general welfare and good land use practice. The First Amendment would facilitate the construction of the Hidden Hills Development, which includes residential and open space uses. The Development is currently under construction and the residential uses proposed are similar to existing development surrounding the Development site. The Development is compatible with the surrounding land uses, general plan land use designations and zoning classifications. The Development incorporates quality design, trails, parks, landscaping, and other improvements which will enhance the area once construction is complete. The proposed First Amendment does not change the Development design or construction. It merely extends the term of the Development Agreement and the previously-approved DIF reduction, and is therefore in conformity with and will promote public convenience, general welfare and good land use practice Section 4: The First Amendment will not create conditions materially detrimental to the public health, safety and general welfare within the City. 11.1.b Packet Pg. 133 Attachment: Ordinance [Revision 1] (2741 : Hidden Hills Development Agreement Amendment) The First Amendment will not result in conditions detrimental to the public health, safety, or general welfare. The associated entitlements to the Development have been reviewed and conditioned by the City of Menifee Community Development, Engineering, Building and Safety, and Fire Departments to ensure that the Development will not create conditions materially detrimental to the surrounding uses. The associated tract map includes conditions of approval for substantial landscaping and timing of required improvements to support the proposed development. The Development is currently under construction and has completed the park and drainage improvements that will benefit the Development site and surrounding areas. In addition, environmental impacts resulting from the implementation of the Development have been analyzed in a previous Environmental Impact Report (“EIR”). The proposed First Amendment does not change the Development or create any impacts not previously analyzed in the EIR, and therefore does not contain any provisions that would create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the Development vicinity and within the City. Section 5: Orderly Development. The First Amendment would not adversely affect the orderly development of property and surrounding area or the preservation of property values. The proposed First Amendment would assist with and would not interfere with the progress of the Hidden Hills Development. The project site has been under construction and build out is anticipated within the term of the First Amendment. The timing of infrastructure construction, including park construction (completed), was carefully considered and coordinated consistent with the EIR for the Development. The Amendment does not modify construction timing of improvements. Therefore, the First Amendment would not adversely affect the orderly development of the surrounding area. The proposed First Amendment would not alter the land use designation for the site. The proposed First Amendment would not cause the Development to conflict with surrounding existing and planned land uses and would not have the potential to adversely affect property values. The proposed First Amendment would continue to assist with the implementation of the Hidden Hills Development. The improvements associated with the Hidden Hills Development are anticipated to enhance and improve the surrounding area and not adversely affect property values. Section 6: Encourage Development. The First Amendment would promote and encourage the construction and progress of the proposed Development by providing a greater degree of requisite certainty. The proposed First Amendment provides assurances, such as the extension of the expiration date of the original Development Agreement and extending of DIF reductions for the Development, to the Applicant. Such assurances would provide greater certainty and encourage progress of the Development as well as the associated infrastructure, which is slated to serve the surrounding area. 11.1.b Packet Pg. 134 Attachment: Ordinance [Revision 1] (2741 : Hidden Hills Development Agreement Amendment) Section 7: The proposed First Amendment does not change the Development, which includes a subdivision. Thus, any tentative map prepared for the subdivision will comply with the provisions in Government Code Section 66473.7. The First Amendment is associated with a previously-approved tract map that is currently under construction. At the time the tract map was entitled, no significant impacts occurred relating to Government Code Section 66473.7. No additional subdivision is being proposed along with this First Amendment. Therefore, the First Amendment complies with the provisions of Government Code Section 66473.7 Section 8: Compliance with CEQA. Processing and approval of the First Amendment application are in compliance with the requirements of the California Environmental Quality Act. No further environmental documentation is required because: (a) all potentially significant effects of the Development have been adequately analyzed in an earlier Environmental Impact Report (EIR0045) adopted by the County of Riverside pursuant to applicable legal standards; (b) all potentially significant effects of the Development have been avoided or mitigated pursuant to that earlier EIR except those for which a statement of overriding considerations was adopted; (c) the proposed First Amendment will not result in any new significant environmental effects not identified in the earlier EIR; (d) the proposed First Amendment will not substantially increase the severity of the environmental effects identified in the earlier EIR; (e) no considerably different mitigation measures have been identified; and (f) no mitigation measures found infeasible have become feasible. Neither a subsequent or supplemental EIR is required, because: a. The proposed approval of the First Amendment contains no substantial changes to the Development due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects requiring major revisions of the EIR; b. No substantial changes have occurred with respect to the circumstances under which the Development is undertaken requiring major revisions of the EIR; c. There is no new information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified; and d. There are no newly feasible, or considerably different, mitigation measures or alternatives which would substantially reduce one or more significant effects of the Development but which the Development proponent declines to adopt. Section 9: Development Agreement Adopted The City Council approves the First Amendment to Development Agreement No. 2009- 149 set forth in Exhibit "1" to this Ordinance. Section 10: The City Manager, or his or her designee, is directed and authorized to do all of the following: a. Make all necessary and appropriate clerical, typographical, and formatting corrections to the adopted First Amendment to Development Agreement No. 2009- 149 prior to execution and recording; and 11.1.b Packet Pg. 135 Attachment: Ordinance [Revision 1] (2741 : Hidden Hills Development Agreement Amendment) b. To implement the Development Agreement, in accordance with its terms. Section 11. Recording. Pursuant to Government Code section 65868.5 and Section 9.45.150 of the Menifee Municipal Code, the City Clerk shall prepare a final version of the Development Agreement for recording within ten (10) days of the Effective Date that fully reflects the action of the City Council in adopting the Amendment to the Development Agreement. Section 12: Effective Date. The Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption. Section 13: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 14: Notice of Adoption. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c). 11.1.b Packet Pg. 136 Attachment: Ordinance [Revision 1] (2741 : Hidden Hills Development Agreement Amendment) This Ordinance was introduced and read on the 2nd day of December, 2020 and PASSED, APPROVED AND ADOPTED this ____ day of _____ 2020. _________________________ Bill Zimmerman, Mayor Attest: ___________________________ Sarah A. Manwaring, City Clerk Approved as to form: ______________________________ Jeffrey T. Melching, City Attorney 11.1.b Packet Pg. 137 Attachment: Ordinance [Revision 1] (2741 : Hidden Hills Development Agreement Amendment) -1- RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF MENIFEE City Hall 29844 Haun Road Menifee, CA 92586 Attn: City Manager (Space Above For Recorder’s Use) This First Amendment to Development Agreement is recorded at the request and for the benefit of the City of Menifee and is exempt from the payment of a recording fee pursuant to Government Code Sections 6103 and 27383. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this “First Amendment”) is effective as of the 2nd day of March, 2020 (hereinafter the “Effective Date”) by and among (i) the CITY OF MENIFEE, a California city (the “City”), and (ii) KB HOME COASTAL INC., a California corporation (“Landowner”). City and Landowner are sometimes hereinafter collectively referred to as the “Parties” and singularly as “Party.” RECITALS A. On or about March 2, 2010, City and Landowner entered into that certain Development Agreement, which was recorded on March 19, 2010, as Instrument No. 2010-0126721, in the Official Records of Riverside County, California (the “Development Agreement”); B. On March 26, 2020, the City Finance Commission held a duly noticed public hearing and voted to recommend extending the term of the Development Agreement between the City and Landowner and amend payment of Development Impact Fees; and C. On ______________, 2020, the Planning Commission held a duly noticed public hearing and voted to recommend extending the term of the Development Agreement between the City and Landowner and amend payment of Development Impact Fees; and D. On ______________, 2020, the City Council held a duly noticed public hearing and voted to end the term of the Development Agreement between the City and Landowner and amend payment of Development Impact Fees; and 11.1.c Packet Pg. 138 Attachment: KB Hidden Hills DA Amendment #1 (2741 : Hidden Hills Development Agreement Amendment) -2- E. After reviewing the Project EIR in the context of the consideration and approval of this First Amendment, the City Council has determined that none of the elements set forth in Public Resources Code Section 21166 or its implementing regulations (14 Cal. Code Regs. Section 15162) exist and therefore has determined, in accordance therewith, that no subsequent or supplemental Environmental Impact Report or Mitigated Negative Declaration is required to be prepared prior to adopting and approving this First Amendment. F. For purposes of ensuring the public record accurately reflects the revised payment of Development Impact Fees and term of the Development Agreement, City and Landowner now desire to update the Development Agreement to amend the term and Development Impact Fees payment schedule. NOW, THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and of the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Landowner agree as follows: 1. Defined Terms. Capitalized terms that are not otherwise defined in this First Amendment shall have the meaning assigned to those terms in the Development Agreement. 2. Amendment. 2.1. Recital G. of the Development Agreement is amended to read: G. As used in this Agreement, the term “City’s DIF” shall be defined to mean those development impact fees and exactions, including, without limitation, dedications and any other fee or tax (including excise, construction or any other tax) relating to development or the privilege of developing, which were in effect on a City-wide basis immediately prior to the effective date of Ordinance No. 2009-43. As consideration for the Civic Site Conveyance, in addition to reductions in the City DIF accorded prior to March 2, 2020, City has agreed that all lots within TTM 30142 shall (i) receive an eighty percent (80%) reduction in the payment of City’s DIF that is due and paid between March 2, 2020 and March 1, 2022, and (ii) receive a fifty percent (50%) reduction in the payment of the City’s DIF for fees that are due and paid from March 2, 2022 through March 1, 2025 (the foregoing reductions are collectively referred to and defined in this Agreement as the “Development Impact Fee Reductions”) . A complete list of City’s DIF is provided on Exhibit C attached hereto. 11.1.c Packet Pg. 139 Attachment: KB Hidden Hills DA Amendment #1 (2741 : Hidden Hills Development Agreement Amendment) -3- 2.2. Exhibit C: Exhibit C to the Development Agreement shall be replaced with the Exhibit C hereto. 2.3. County Public Facilities Fee: From and after the Effective Date of this First amendment, the term “County Public Facilities Fee” shall be stricken from, and shall have no further application under, the Development Agreement and its Exhibits. 2.4. Section 6.2 Term: The Development Agreement is hereby amended from a period of ten (10) years to a period of fifteen (15) years, thereby amending the termination date of the Development Agreement from March 2, 2020, to March 2, 2025. 2.5. Section 7.2 Fees and Exactions. Section 7.2 of the Development Agreement is hereby amended to read in full as follows: “As consideration for the Civic Site Conveyance, City hereby agrees that all lots within TTM 30142 shall be entitled to receive the Development Impact Fee Reductions (as applicable for the time periods described in Recital G). Protection from any increases in any of the City’s DIF shall not include increases mandated by the County, the State of California, the federal government, or any other entity that is outside the control of the City. This section shall not be construed to limit the authority of the City to charge Processing Fees.” 3. Prevailing Wage Indemnity and Notice to Landowner of Labor Code Section 1781. In connection with, but without limiting, the indemnification obligations set forth in Section 25 of the Development Agreement, Landowner hereby expressly acknowledges and agrees that the City is not by the Development Agreement and/or this First Amendment affirmatively representing, and has not previously affirmatively represented, to the Landowner or any contractor(s) of Landowner for any construction on or development on or adjacent to the Property, in writing or otherwise, in a call for bids or in any agreement or otherwise, that any work to be undertaken on the Property and/or to be undertaken in connection with the development of the Project, as may be referred to in the Development Agreement or construed under the Development Agreement and/or this First Amendment, is not a "public work," as defined in Section 1720 of the Labor Code, or under any similar existing or hereinafter enacted law or regulation, or that such work qualifies for one of the exceptions set forth Section 1720 of the Labor Code, or under any similar existing or hereinafter enacted law or regulation. The Parties agree that, in connection with the development and construction (as defined by applicable law) of the Project, including, without limitation, any and all public works (as defined by applicable law), Landowner shall bear all risks of payment or non-payment of prevailing wages under California law and/or federal law and/or the implementation of Labor Code Section 1781, as the same 11.1.c Packet Pg. 140 Attachment: KB Hidden Hills DA Amendment #1 (2741 : Hidden Hills Development Agreement Amendment) -4- may be amended from time to time, and/or any other similar law. With respect to the foregoing, Landowner shall be solely responsible, expressly or impliedly and legally and financially, for determining and effectuating compliance with all applicable federal, state and local public works requirements, prevailing wage laws, and labor laws and standards, and City makes no representation, either legally and/or financially, as to the applicability or non-applicability of any federal, state and local laws to the construction of the Project as it may be amended pursuant hereto or otherwise Without limiting the foregoing, Landowner shall indemnify, protect, defend and hold harmless the City, any City agencies and their respective elected and appointed councils, boards, commissions, officers, agents, employees, volunteers and representatives (collectively, “City Parties”), with counsel reasonably acceptable to City, from and against "increased costs" as defined in California Labor Code Section 1781 (including City’s reasonable attorneys’ fees, court and litigation costs, and reasonable fees of expert witnesses) in connection with the development or construction (as defined by applicable law) of or on the Property and/or in connection with the development of the Project, that results or arises in any way from (1) noncompliance by Landowner of the requirement, if and to the extent applicable, to pay federal or state prevailing wages and hire apprentices; or (2) failure by Landowner to provide any required disclosure or identification as required by California Labor Code Sections 1720 et seq. including without limitation specifically Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive the expiration or earlier termination of the Development Agreement as amended by this First Amendment. 4. Indemnification Procedures. Wherever the Development Agreement and/or this First Amendment requires Landowner to indemnify any City Party: 4.1. Prompt Notice. City shall promptly notify Landowner in writing of any claim, demand, administrative action, or action at law or equity based on a loss, liability, fine, penalty, forfeiture, cost, and/or in damage (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time, property damage, and statutory claims or damages [including, without limitation, under Labor Code section 1720 et seq]) that is alleged to have arisen out of or is in any way related to (1) the approval of the Development Agreement and/or this First Amendment and/or the Project Approvals; (2) and development or use of the Property under the Development Agreement and/or the First Amendment and/or the Project Approvals, and (3) any actions or inactions by the Landowner or its contractors, subcontractors, agents, or employees in connection with the construction or improvement of the Property and the Project, including off-site Public Improvements (collectively, a “Claim”). 11.1.c Packet Pg. 141 Attachment: KB Hidden Hills DA Amendment #1 (2741 : Hidden Hills Development Agreement Amendment) -5- 4.2. Cooperation. City shall reasonably cooperate with Landowner’s defense, provided Landowner reimburses City for actual reasonable out of pocket expenses (including reasonable attorneys’ fees and costs) of such cooperation. 4.3. Settlement. Any settlement shall require the prior written consent of both City and Landowner, which consent shall not be unreasonably withheld if the settlement is objectively financially reasonable. 5. Challenge to Enforceability of Specific Obligations. If a court of competent jurisdiction finds invalid or unenforceable any provision of the Development Agreement of this First Amendment that purports to supersede or otherwise render ineffectual any federal, state, or local law, Landowner shall perform its obligations under such law or regulation (or shall perform as otherwise specifically directed by a court of competent jurisdiction), and the Development Agreement and this First Amendment shall otherwise remain in full force and effect. 6. Effective Date of this First Amendment: The Effective Date of this First Amendment shall be March 2, 2020, and any City’s DIF paid by Landowner between March 2, 2020, and the date this First Amendment is executed that is above and beyond what which is agreed to in this First Amendment shall be refunded by the City. 7. Terms of Development Agreement. Except as modified by this First Amendment, all of the terms and conditions of the Development Agreement shall remain in full force and effect. 8. Counterparts. This First Amendment may be executed in counterparts, each of which when executed and delivered shall be deemed to be an original and all such counterparts together, shall constitute one and the same instrument. [signatures on next page] 11.1.c Packet Pg. 142 Attachment: KB Hidden Hills DA Amendment #1 (2741 : Hidden Hills Development Agreement Amendment) -6- IN WITNESS WHEREOF, City and Landowner have executed this First Amendment on the day and year set forth in the preamble above. “City” CITY OF MENIFEE, a California city By:_________________________ Armando G. Villa, City Manager ATTEST: _____________________________ Sarah Manwaring, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP _____________________________ Jeffrey T. Melching, City Attorney KB HOME COASTAL INC., a California corporation By: ________________________ John P. Fenn, President 11.1.c Packet Pg. 143 Attachment: KB Hidden Hills DA Amendment #1 (2741 : Hidden Hills Development Agreement Amendment) A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Riverside ) On _________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Riverside ) On _________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 11.1.c Packet Pg. 144 Attachment: KB Hidden Hills DA Amendment #1 (2741 : Hidden Hills Development Agreement Amendment) A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Riverside ) On _________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Riverside ) On _________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 11.1.c Packet Pg. 145 Attachment: KB Hidden Hills DA Amendment #1 (2741 : Hidden Hills Development Agreement Amendment) A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Riverside ) On _________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 11.1.c Packet Pg. 146 Attachment: KB Hidden Hills DA Amendment #1 (2741 : Hidden Hills Development Agreement Amendment) EXHIBIT C COMPLETE LIST OF CITY’S DEVELOPMENT IMPACT FEES (REPLACING EXHIBIT C TO DEVELOPMENT AGREEMENT) 11.1.c Packet Pg. 147 Attachment: KB Hidden Hills DA Amendment #1 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 148 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 149 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 150 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 151 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 152 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 153 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 154 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 155 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 156 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 157 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 158 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 159 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 160 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 161 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 162 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 163 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 164 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 165 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 166 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 167 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 168 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 169 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 170 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 171 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 172 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 173 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 174 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 175 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 176 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 177 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 178 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 179 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 180 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 181 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 182 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) 11.1.d Packet Pg. 183 Attachment: Recorded KB Home DA 2009-149 (2741 : Hidden Hills Development Agreement Amendment) Exhibit "C"11.1.ePacket Pg. 184Attachment: Exhibit C to Hidden Hills DA Amend #1 (2741 : Hidden Hills Development Agreement Amendment) 11.1.ePacket Pg. 185Attachment: Exhibit C to Hidden Hills DA Amend #1 (2741 : Hidden Hills Development Agreement Amendment) 11.1.ePacket Pg. 186Attachment: Exhibit C to Hidden Hills DA Amend #1 (2741 : Hidden Hills Development Agreement Amendment) NOTICE OF PUBLIC HEARING TIME OF HEARING: 6:00 p.m. or as soon as possible thereafter. DATE OF HEARING: December 2, 2020 PLACE OF HEARING: To confirm means and methods for participation, see the agenda, which will be posted at least 72 hours prior to the meeting at: http://menifeeca.iqm2.com/Citizens/Board/1007-Mayor- and-City-Council A PUBLIC HEARING has been scheduled, pursuant to the City of Menifee Municipal Code, before the CITY OF MENIFEE CITY COUNCIL to consider the project shown below: Project Title: “Hidden Hills Development Agreement Amendment,” Planning Application Development Agreement No. PLN20-0075. Project Location: The project site (Peppertree and Cypress) is located southwest of the intersection of Craig Avenue and Evans Road in the City of Menifee, County of Riverside, California. More specifically, Peppertree and Cypress are located south of Craig Avenue, north of Garbani Road, east of Murrieta Road and west of Evans Road. The City Council will consider whether to approve the following project: DA No. PLN20-0075 proposes the first amendment to the originally approved Development Agreement No. (DA 2009-149) for the Hidden Hills development (Tentative Tract Map No. 30142-2 and –F – “Peppertree and Cypress”) by: 1). extending the expiration date of the agreement from March 2, 2020 to March 2, 2025 and 2) extending allowable City Development Impact Fee (DIF) reductions for the term of the amended agreement. 11.1.f Packet Pg. 187 Attachment: Public Hearing Notice (2741 : Hidden Hills Development Agreement Amendment) Environmental Information: No Further Environmental Documentation is required because: (a) all potentially significant effects of the proposed project have been adequately analyzed in an earlier Environmental Impact Report (EIR0045) adopted by the County of Riverside pursuant to applicable legal standards; (b) all potentially significant effects of the proposed project have been avoided or mitigated pursuant to that earlier EIR except those for which a statement of overriding considerations was adopted; (c) the proposed project will not result in any new significant environmental effects not identified in the earlier EIR; (d) the proposed project will not substantially increase the severity of the environmental effects identified in the earlier EIR; (e) no considerably different mitigation measures have been identified; and, (f) no mitigation measures found infeasible have become feasible. Any person wishing to comment on the proposed project may do so in writing between the date of this notice and the public hearing and be heard at the time and place noted above. All comments must be received prior to the time of public hearing. All such comments will be submitted to the City Council, and the City Council will consider such comments, in addition to any oral testimony, before making a decision on the proposed project. If this project is challenged in court, the issues may be limited to those raised at the public hearing, described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Be advised that as a result of public hearings and comment, the City Council may amend, in whole or in part, the proposed project. Accordingly, the designations, development standards, design or improvements, or any properties or lands within the boundaries of the proposed project, may be changed in a way other than specifically proposed. For further information regarding this project, please contact Tamara Harrison, at (951) 723-3743 or e-mail tharrison@cityofmenifee.us, or go to the City of Menifee’s agenda web page at http://www.cityofmenifee.us. To view the case file for the proposed project contact the Community Development Department office at (951) 672- 6777 Monday through Friday, from 8:00 A.M. to 5:00 P.M. Please send all written correspondence to: CITY OF MENIFEE COMMUNITY DEVELOPMENT DEPARTMENT Attn: Tamara Harrison, Senior Planner 29844 Haun Road Menifee, CA 92586 11.1.f Packet Pg. 188 Attachment: Public Hearing Notice (2741 : Hidden Hills Development Agreement Amendment) CITY OF MENIFEE SUBJECT: Community Development Block Grant Coronavirus Round 3 (CDBG-CV3) MEETING DATE: December 2, 2020 TO: Mayor and City Council PREPARED BY: Edna Lebron, Senior Management Analyst REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION 1. Conduct a Public Hearing; and 2. Adopt a Resolution approving the Substantial Amendment to PY 2020/2021 Annual Action Plan to include Community Development Block Grant Coronavirus Round 3 (CDBG-CV3.) DISCUSSION The U.S. Department of Housing and Urban Development (HUD) requires all entitlement communities receiving Community Development Block Grant (CDBG) funds, such as the City of Menifee, to prepare and submit a Consolidated Plan every five years to establish a unified, strategic vision for economic development, housing and community development actions. The Consolidated Plan encompasses the analysis of local community needs and coordinates appropriate responses to those needs and priorities. The Menifee City Council adopted the current 2017-2021 Five Year Consolidated Plan on May 3, 2017. The Consolidated Plan is carried out through Annual Action Plans, which provides a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan. The Menifee City Council adopted the 2020/2021 Action Plan on April 15, 2020. Per the City’s Citizen Participation Plan, a Substantial Amendment to an Annual Action Plan is required when a “substantial” change is proposed, which includes: • The addition of a new activity or priority; • A change in the nature of an activity, its location, or its target population; or 11.2 Packet Pg. 189 City of Menifee Staff Report Community Development Block Grant Coronavirus 3 - CDBG-CV3 December 2, 2020 Page 2 of 2 • A change of more than 50 percent in the amount of funds allocated to an activity. On September 11, 2020, HUD’s Office of Community Planning and Development (CPD) posted the third (final) round allocations of $1.988 billion from the $5 billion supplemental Community Development Block Grant funds (CDBG-CV) Congress appropriated by the CARES Act. The second round of $1 billion was announced on May 11 and allocated directly to states. The Substantial Amendment is drafted with the guidance from HUD that has been available, including that the CDBG-CV3 funds allocated under the CARES Act must be used for preparation for, prevention of, and response to the COVID-19. The City of Menifee will receive $404,459 in Community Development Block Grant-Coronavirus (CDBG-CV3) funding. A Substantial Amendment to the 2020/2021 Annual Action Plan is required. A Substantial Amendment has been prepared reflecting the proposed projects/activities for the CDBG-CV program. Proposed Activities: Public Services which include but not limited to: -Food Activity & Education Support -Rental &Mortgage Assistance $140,000 254,459 Administration 10,000 $404,459 Substantial Amendments are required to follow the City’s Citizen Participation Plan, which, under normal circumstances, requires a public comment period for the Substantial Amendment of 30 days. However, to more quickly implement the funds and activities of the CDBG-CV, HUD has waived that requirement with amendment to the City’s Citizen Participation Plan, reducing the public comment period to five days. Further, HUD is allowing the Citizen Participation Plan and the Substantial Amendment to the 2020 Annual Action Plan to run concurrently. FISCAL IMPACT There is no fiscal impact to the General Fund from participating in the CDBG-CV3 program. All expenditures related to CDBG-CV3 adopted and approved project/activities will come from HUD PY 2020/2021 CDBG-CV3 allocation to the City of Menifee. ATTACHMENTS 1. Substantial Amendment Resolution 20-21 2. Substantial Amendment for 20-21 CDBG-CV3 11.2 Packet Pg. 190 -1- RESOLUTION NO. 20-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING THE SUBSTANTIAL AMENDMENT TO THE 2020/2021 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT- CORONAVIRUS ROUND 3 (CDBG-CV3) ACTIVITIES WHEREAS, the City of Menifee, as an entitlement jurisdiction, receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, On September 11, 2020, HUD’s Office of Community Planning and Development (CPD) posted the third (final) round allocations of $1.988 billion from the $5 billion supplemental Community Development Block Grant funds (CDBG-CV) Congress appropriated by the CARES Act; and WHEREAS, The City of Menifee received $404,459 in Community Development Block Grant-Coronavirus Round 3 (CDBG – CV3) funding; and WHEREAS, the City is required to develop an Annual Action Plan each year for submission for approval from the U.S. Department of Housing and Urban Development (HUD), which plans delineate funding allocations to CDBG/CDBG-CV3 sub-recipients and strategic priorities and the community needs assessment; and WHEREAS, the City of Menifee had previously approved budgets and Annual Action Plans for the program year 2020/2021; and WHEREAS, the Code of Federal Regulations require that the City must amend its approved Annual Action Plan whenever it (a) changes its allocation priorities or method of distribution funds; (b) carries out an activity not previously described in the action plan; or (c) changes the purpose, scope, location, or beneficiaries of an activity; and WHEREAS, that the CDBG-CV3 funds allocated under the CARES Act must be used for preparation for, prevention of, and response to the COVID-19; and WHEREAS, the City has complied with the Citizen Participation Plan for the City of Menifee, which requires that specified public hearings are held, notices are published, and the Annual Action Plan Substantial Amendment is made available for public review and comment. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MENIFEE AS FOLLOWS: Section 1: The Substantial Amendment to the 2020/2021 Annual Action Plans, a copy of which is on file with the City Clerk of the City of Menifee, is approved. Section 2: The City Manager, or designee, is hereby authorized and directed to take any actions and execute any documents as are necessary and appropriate to effectuate the intent of this Resolution, including, but not 11.2.a Packet Pg. 191 Attachment: Substantial Amendment Resolution 20-21 [Revision 1] (2743 : Community Development Block Grant Coronavirus 3 - CDBG-CV3) -2- limited to, as serving as the Certifying Officer for all environmental review procedures associated with the various CDBG projects, and Certifying Officer for the purpose of signing correspondence, agreements and other required documents. Section 3: This Resolution shall take effect upon the date of its adoption. PASSED, APPROVED, AND ADOPTED this 2nd day of December 2020. _____________________________ Bill Zimmerman, Mayor ATTEST APPROVED AS TO FORM: ________________________ Sarah A. Manwaring, City Clerk __________________________ Jeffrey T. Melching, City Attorney 11.2.a Packet Pg. 192 Attachment: Substantial Amendment Resolution 20-21 [Revision 1] (2743 : Community Development Block Grant Coronavirus 3 - CDBG-CV3) City of Menifee Community Development Block Grant Coronavirus (CDBG-CV3) AMENDMENT TO PY 2020/2021 ANNUAL ACTION PLAN Public Comment Period: November 20 – December 2, 2020 CITY COUNCIL RESOLUTION NO. _______ 29844 Haun Road Menifee, CA 92586 (951) 672-6777 www.cityofmenifee.us 11.2.b Packet Pg. 193 Attachment: Substantial Amendment for 20-21 CDBG-CV3 [Revision 4] (2743 : Community Development Block Grant Coronavirus 3 - CDBG- 2 | P a g e SUBSTANTIAL AMENDMENT TO PY 2020/2021 ANNUAL ACTION PLAN TO ADD COMMUNITY DEVELOPMENT BLOCK GRANT-CORONAVIRUS (CDBG-CV3) FUNDS AND ACTIVITIES EXECUTIVE SUMMARY On September 11, 2020, HUD’s Office of Community Planning and Development (CPD) posted the third (final) round allocations of $1.988 billion from the $5 billion supplemental Community Development Block Grant funds (CDBG-CV) Congress appropriated by the CARES Act. The second round of $1 billion was announced on May 11 and allocated directly to states. The Substantial Amendment is drafted with the guidance from HUD that has been available, including that the CDBG-CV3 funds allocated under the CARES Act must be used for preparation for, prevention of, and response to the COVID-19. The City of Menifee will receive $404,459 in Community Development Block Grant- Coronavirus (CDBG- CV3) funding. A Substantial Amendment to the 2020/2021 Annual Action Plan is required; and is being amended here to satisfy that requirement. Substantial Amendments are required to follow the City’s Citizen Participation Plan, which, under normal circumstances, requires a public comment period for the Substantial Amendment of 30 days. However, to more quickly implement the funds and activities of the CDBG-CV3, the U. S. Department of Housing and Urban Development (HUD) has waived that requirement with amendment to the City’s Citizen Participation Plan, reducing the public comment period to five (5) days. All CDBG-CV3 activities must still meet a National Objective of the CDBG Program: • Benefit low-and-moderate income people • Aid in the prevention or elimination of slum or blight • Meet an urgent need OTHER ADMINISTRATIVE CHANGES The CARES act bill included the following administrative changes • Removed the requirement for in-person public hearings to comply with national and local social gathering requirements and stay-at-home orders and to all for virtual public hearings. • A reduced public comment period from 30 days to five (5) days. • Elimination of the cap on the amount of funds a grantee can spend on public services (for CDBG grant years 2019 and 2020 and CDBG-CV funds only). The cap is generally 15%. • Allowed for grantees to be reimbursed COVID-19 response activities regardless of the date the costs were incurred. 11.2.b Packet Pg. 194 Attachment: Substantial Amendment for 20-21 CDBG-CV3 [Revision 4] (2743 : Community Development Block Grant Coronavirus 3 - CDBG- 3 | P a g e CITIZEN PARTICIPATION A Notice of Public Hearing and a 5-day public review period was published in the Press Enterprise and La Prensa on November 20, 2020 informing the public of the proposed Substantial Amendment and inviting comments at the public hearing. The public review period began on November 20, 2020 and ended on December 2, 2020. Citizens were able to review copies of the Draft Substantial Amendment on the City’s website at https://www.cityofmenifee.us/421/CDBG-Program . CHANGES TO THE 2020/2021 ANNUAL ACTION PLAN ACTIVITIES City staff is recommending that the 2020/2021 Annual Action Plan be amended to add the CDBG-CV3 grant as a resource and allocate the funds, as noted in the table below. CDBG-CV ALLOCATION Program CDBG-CV3 PUBLIC SERVICES Grants to Public Service Agencies for activities to prevent, prepare for or respond to the spread of COVID-19 to include but not limited to the following types of services: Food Assistance & Education Support Rental and Mortgage Assistance $140,000 $254,459 PLANNING & ADMINSTRATION General Administration and Planning of the CDBG-CV3 Grant. 10,000 Total CDBG-CV3 allocation $404,459 PUBLIC COMMENTS All public comments received during the 5-day public review period or at the public hearing will be incorporated into the overall Substantial Amendment submitted to HUD. 11.2.b Packet Pg. 195 Attachment: Substantial Amendment for 20-21 CDBG-CV3 [Revision 4] (2743 : Community Development Block Grant Coronavirus 3 - CDBG- CITY OF MENIFEE SUBJECT: Resolution for Senior Advisory, Menifee Citizens Advisory and Measure DD Oversight Committees MEETING DATE: December 2, 2020 TO: Mayor and City Council PREPARED BY: Stephanie Roseen, Deputy City Clerk REVIEWED BY: Sarah Manwaring, City Clerk APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION 1. Review and discuss the proposed Resolution amendments; and 2. Adopt a Resolution replacing Resolution No. 16-578, updating the composition and appointments to the Senior Advisory Committee; and 3. Adopt a Resolution replacing Resolution No. 15-414, updating the composition and responsibilities of the Menifee Citizens Advisory Committee; and 4. Adopt a Resolution replacing Resolution No. 17-593, updating the Measure DD Committee guidelines. DISCUSSION On February 5, 2020, Mayor Pro Tem Liesemeyer asked for a future City Council agenda item to review the committee resolutions. Since the City’s incorporation the City Council has established various City committees to help meet the community’s needs. The Committees’ primary role is to encourage increased public input and citizen participation in the determination of City policies and procedures. Committee Members are a valuable resource when provided the opportunity to plan and implement projects that meet the needs of the community. Committees also provide the public with an opportunity to be involved in their local government. Through the years some changes are necessary to the Committees’ structure and operation to meet the growing needs of the City. In order to update the Committee Resolutions for consistency, best practices, transparency and to improve processes, City staff met with each of the Committee Liaisons to discuss and review the proposed Resolution amendments. Staff is asking the Council to discuss and provide feedback on the proposed amendments to the following Committee Resolutions. 12.1 Packet Pg. 196 City of Menifee Staff Report Council Committee Resolution December 2, 2020 Page 2 of 4 Senior Advisory Committee (SAC) At the December 7, 2016 City Council meeting the City Council approved Resolution No. 16- 578, adjusting the membership of the Senior Advisory Committee from five to seven members, one at-large appointment by the Mayor, four district appointments by the Councilmembers and two at-large appointments made by the City Council as a whole. This adjustment was made to the membership to accommodate the needs of the committee at that time. Since that time, as the needs of the City and the Committee have evolved, members of the Senior Advisory Committee and City staff have discussed and agreed that a five-member Committee would allow for better efficiency, management, and would follow the same requirements as all other City Council established Committees and Commissions. By amending Resolution No. 16-578, the Senior Advisory Committee shall phase out Committee Members appointed as a whole by the City Council by January 2021 and continue as a five-member Committee, one member representing each district and one at-large member appointed by the Mayor. Staff is also proposing clarification to the purpose of the Senior Advisory Committee’s advisory capacity as implementing senior oriented directives related to City projects, events and senior oriented programs. Menifee Citizens Advisory Committee (MCAC) Currently, Resolution No. 15-414, establishing the Menifee Citizens Advisory Committee, states the composition is composed of two members each from the Planning Commission, Parks, Recreation and Trails Commission, the Senior Advisory Committee, and the Youth Advisory Committee. On August 15, 2018, the City Council dissolved the Youth Advisory Committee resulting in the need to update the Committee composition outlined in the MCAC Resolution and Committee guidelines. In 2016, the Outstanding Citizen of the Month was established, and the City Council requested the Menifee Citizens Advisory Committee review the Citizen of the Month recipient applications and select Menifee’s Citizen of the Year. The proposed changes to the Resolution will also update the Committee’s responsibilities and meeting requirements to include the selection of the Menifee Citizen of the Year, per Policy No. CC-24, the City Council Recognition Policy. Measure DD Oversight Committee The Measure DD Oversight Committee is the newest committee established in February of 2017, after the voters approved a one percent sales tax, Measure DD, in the 2016 general municipal election. The Measure DD Oversight Committee was established to serve as an advisory body to the City Council and review, monitor, and over see the appropriation of sales tax proceeds from Measure DD. Amendments to Resolution No. 17-593, establishing the Measure DD Oversight Committee, will update the Committee guidelines to align with all Committee guidelines. 12.1 Packet Pg. 197 City of Menifee Staff Report Council Committee Resolution December 2, 2020 Page 3 of 4 Staff recommends that Measure DD Oversight Committee Members be required to submit a Statement of Economic Interest (Form 700). Per the Political Reform Act individuals that make or influence government related decisions are required to file the Form 700. Additional Amendments to Resolutions In order for City business to be addressed efficiently and timely, staff proposes updates to the Senior Advisory Committee and Measure DD Oversight Committee guidelines to impose meeting attendance requirements. No change to the Menifee Citizens Advisory Committee is proposed. The following options are three suggestions from staff for Council’s discussion and direction. Committee Members are expected to be present unless excused with prior notice to the staff liaison or Chairperson. A Committee Member with two unexcused (Measure DD) or three unexcused (Senior Advisory) meeting absences during a twelve-month period may be removed: [OPTION 1] at the discretion of the appointing Councilmember. [OPTION 2] at the discretion of their appointing Councilmember with recommendation from a majority vote of the Committee. [OPTION 3] at the close of the meeting during which the final absence occurs and the vacancy shall be filled according to the Maddy Act. All Committees will also be required to attend a bi-annual AB 1234 ethics training and to read and acknowledge receipt of City Council Policy No. CC-23, City Council Code of Ethics. Also, terms and term limits have been standardized to allow Committee Members to serve a two-year term with no limit to the amount of terms they may serve. Commission and Committee Bi-annual Application Process The law requires the City to notice any Commission and Committee “vacancies” annually. A vacancy exists when either the term expires, or someone leaves the position for any reason. The intent of the law is to increase public transparency of appointments to be made by the City Council and to allow the public an opportunity to participate in their government (Government Code 54970). If the above-mentioned amendments are approved, Committee Members’ terms will be aligned with their appointing Councilmember, and there will be no limit to the amount of terms they may serve. To improve citizen involvement and transparency staff is also implementing a bi-annual Committee and Commission application process following each regular municipal election. In November of each even numbered year, the City will invite the citizens of Menifee to submit their applications for City Committees and Commissions. Staff will verify applicants meet the requirements and prepare those applications for the elected Councilmembers for their review. At the first City Council meeting held in January, following the regular municipal election, newly 12.1 Packet Pg. 198 City of Menifee Staff Report Council Committee Resolution December 2, 2020 Page 4 of 4 elected or reelected Councilmembers may choose to reappoint their current appointees or make a new appointment. Staff will continue with the same practice for any unscheduled vacancies in accordance with Government Code 54974 (a) and post a notice of vacancy not earlier that 20 days before, or 20 days after the vacancy occurs. FISCAL IMPACT There is no fiscal impact. ATTACHMENTS 1. SAC Resolution - Redlined 2. SAC Resolution - Clean 3. MCAC Resolution - Redline 4. MCAC Resolution - Clean 5. Measure DD Resolution - Redlined 6. Measure DD Resolution - Clean 12.1 Packet Pg. 199 RESOLUTION NO. 20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, RESCINDING UPDATING AND REPLACING RESOLUTION NO. 16-578, AND ADOPTING RESOLUTION NO. 19-___ ESTABLISHINGA M E N D I N G UPDATING THE SENIOR ADVISORY COMMITTEE COMPOSITION AND GUIDELINESOF THE CITY OF MENIFEE WHEREAS, the City Council is desirous of encouraging citizens of all ages in the community to participate in and serve on City advisory committees; and WHEREAS, City committees have a primary role to encourage increased public input and citizen participation in the determination of City policies and procedures; and. WHEREAS, the City Council recognizes seniors to be a valuable resource when given the opportunity to plan and implement projects to meet real community needs, and recognizes seniors are capable of making a difference with the community; and WHEREAS, the City Council recognizes a Senior Advisory Committee established to serve as an advisory body to the City Council, will empower seniors, will create opportunities for their input into community projects, programs, and events, and will provide a vehicle by which seniors become involved in a process which enables them to have an influence and impact on issues and decisions they care about; and WHEREAS, on April 2, 2014 the City Council adopted Resolution No. 14-362, establishing the Senior Advisory Committee; and WHEREAS, on December 7, 2016 the City Council rescinded Resolution No. 14-362 and adopted Resolution No. 16-578, revising the composition of the Senior Advisory Committee to include seven members; and WHEREAS, the Senior Advisory Committee Members and staff agree that a five- member committee would be more efficient and follow the same requirements as other City Council established Committees and Commissions; and WHEREAS, by January 2021 the Senior Advisory Committee shall phase out the two at- large committee member appointments made by the Council as a whole and continue as a five- member committee, four appointed by districts and one at-large appointed by the Mayor; and WHEREAS, commencing January 2021, following each regular municipal election, and per the Maddy Act, the Mayor and Councilmember committee appointments shall be made; and NOW, THEREFORE, the City Council of the City of Menifee, California, does hereby resolve, determine and order as follows: Section 1 . Committee Composition That the composition of the Senior Advisory Committee shall consist of up to seven (7)five members is hereby established.; Five four members appointed by Mayor and each Councilmember from their respective district and one 12.1.a Packet Pg. 200 Attachment: SAC Resolution - Redlined [Revision 1] (2746 : Council Committee Resolution) appointed, at-large, by the Mayor. and two at-large members appointed by the Mayor and City Council. Section 2. Committee Purpose That the purpose of the Senior Advisory Committee shall be to promote public service and community involvement, with, for and by seniors; review proposals for programs, projects and facilities as they pertain to seniors; promote senior involvement in community events programs or volunteer projects; and act in an advisory capacity to the City Council implementing senior oriented directives related to City projects, events and senior oriented programs.in all other policy matters pe11aining to Seniors. Section 3. Committee Appointment At the first City Council meeting, commencing January 2021, following each regular municipal election, the Mayor and Councilmembers shall appoint their Committee Members as required by the Maddy Act with the benefit of recommendations made through City staff liaisons. Committee Members shall serve until their successor is appointed and qualifies. In the case of an unexpected vacancy, the appointing Councilmember shall appoint a new Committee Member at the next available Council Meeting after the application process. That membership on the Senior Advisory Committee shall occur through Appointment by the Mayor and Council with the benefit of recommendations made through City staff liaisons. Each City Council member in his/her sole discretion shall appoint one Committee Member in their respective district. Each City Council member may determine whether or not to utilize the application process in making such appointment. At the time of his or her appointment, and during his or her tenure of office, each committee member shall be 55 years of age or older, shall reside within the City of Menifee and in the district of the council member that has appointed them .. Section 4. That each Committee Member shall serve at the pleasure of his/her appointing City Council member, for the same term as that Council member and until the Committee Member's successor is appointed and qualifies. At the first City Council meeting in 12.1.a Packet Pg. 201 Attachment: SAC Resolution - Redlined [Revision 1] (2746 : Council Committee Resolution) January following each regular municipal election, each City Council member shall make his/her Committee Member appointment of a senior resident that resides within the Council Member's district. There shall be no limit on the number of terms a Senior Advisory Committee Member may serve. Section 4. Committee Rules and Procedures 5. That the role of the Senior Advisory Committee is contained in “Exhibit A” and That the Senior Advisory Committee shall establish its own procedural rules which shall comply with the Ralph M. Brown Act, other applicable local and state laws and regulations, this Resolution and City Council Policy No. 1 (Rules of Decorum).. Section 6. Committee: 12.1.a Packet Pg. 202 Attachment: SAC Resolution - Redlined [Revision 1] (2746 : Council Committee Resolution) That the following are the Powers and Duties of the Senior Advisory 5.1 That the Senior Advisory Committee shall make recommendations to Council, implementing senior oriented directives related to city projects, events and senior oriented programs. 5.2 The role of the Menifee Senior Advisory Committee as contained in "Exhibit A", is hereby approved. Section 6. The City Manager is hereby authorized to do all things necessary to implement this resolution. PASSED, APPROVED AND ADOPTED this 2 day of December, 2020. ____________________________ Bill Zimmerman, Mayor Attest: Approved as to form: _______________________ _______________________ Sarah A. Manwaring, City Clerk Jeffrey T. Melching, Attorney 12.1.a Packet Pg. 203 Attachment: SAC Resolution - Redlined [Revision 1] (2746 : Council Committee Resolution) EXHIBIT A Menifee Senior Advisory Committee Guidelines 1. Powers, Duties, and Responsibilities The Menifee Senior Advisory Committee shall be empowered to establish and maintain written policy and rules and have the following follow the general powers, duties and responsibilities set forth in City Council Policy No. 1, consistent with the City of Menifee Municipal Code and all other Ordinances and regulations of the City of Menifee and with the laws of the State of California: A. Promote community involvement, with, for, and by seniors. B. Review proposals for programs, projects and facilities as they pertain to seniors. C. Assist in the evaluation and planning of arts, recreation, and social service programs with an emphasis on seniors. D. Review and make recommendations on matters pertaining to senior programming and/or services to the Parks, Recreation, and Trails Commission or City Council. E. Promote senior involvement in community events, programs or volunteer projects through public education, service clubs and community organizations. F. Act in an advisory capacity to the City Council in all other policy matters pertaining to seniors. 2. Eligibility for the Senior Advisory Committee. The following criteria will be considered for eligibility as a member of the Menifee Senior Advisory Committee: A. Applicants must be residents of the City of Menifee, andMenifee and reside in the district of the Councilmember that has appointed them. A.B. Applicants must be a registered voter in the City of Menifee. B. The Menifee Senior Advisory Committee shall consist of up to seven members through appointment by the Mayor and each Councilmember. C. Membership is open to all seniors (Applicants must be 55 years of age and older.) meeting the above criteria. D. Members of the Menifee Senior Advisory Committee shall not hold any paid office or employment with the City of Menifee. E. Committee members are required to sign that they have read and agree with Policy No. CC-23, the City Council adopted Ethics Policy. F. Committee members are required to attend Bi-annual AB1234 training. 12.1.a Packet Pg. 204 Attachment: SAC Resolution - Redlined [Revision 1] (2746 : Council Committee Resolution) 3. Procedure 3. shall be deemed to constitute the retirement of such member and the position declared vacant. A. Composition of the Senior Advisory Committee 1. The Menifee Senior Advisory Committee shall consist of five members: four district-represented members appointed by each Councilmember and one member, at-large, appointed by the Mayor. The number of members of the Senior Advisory Committee shall be up to seven (7) persons, 5 district represented members, and 2 at-large members 2. The Senior Advisory Committee shall be composed of a cross-section of the community's senior population. B. Support 1. The City Manager or his/her designee shall be the City Council's liaison to the Senior Advisory Committee. C. Senior Advisory Committee Officers 1. Chairperson: Shall be elected appointed by the Senior Advisory Committee members each January to begin office on February 1, annually; The Chair shall facilitate the meetings of the Committee and shall insure Committee items are placed on the Agenda. 2. Vice-Chair: Shall be elected appointed by the Senior Advisory Committee members each January to begin office on February 1, annually; The Vice-Chair shall assist the Chair as requested and facilitate the meetings in the absence of the Chairperson. 3. The Secretary: A City staff liaison shall act as the Committee Secretary; the Secretary will: • Record the minutes of Senior Advisory Committee meetings; and • Prepare the draft minutes and attach to the agenda for the subsequent meeting for approval; andFormat and send meeting minutes to the Chair for distribution to committee for approval; and • • The City Clerk, or their designee, will maintain records related to the Senior Advisory Committee. D. Senior Advisory Committee Meetings 1. The Senior Advisory Committee will meet on a regular monthly schedule as determined by the members of the Committee and approved by the City Council. 2. Meetings will be conducted according to the Ralph M. Brown Act. 12.1.a Packet Pg. 205 Attachment: SAC Resolution - Redlined [Revision 1] (2746 : Council Committee Resolution) 3.Meetings may take place when a quorum is present; a quorum will be reached when half the Senior Advisory Committee members plus one are in attendance. 4.The City Council or staff liaison shall place items on the agenda according to the necessity and/or urgency of Council to have items reviewed by the Senior Advisory Committee. 5.Future agenda requests may be made and seconded by one of the Committee Members. Senior Advisory Committee members may request agenda items through the Chair for upcoming meetings. 6.Senior Advisory Committee Members are expected to be present unless excused with prior notice to the staff liaison or Chairperson. A Committee Member with three unexcused meeting absences during a twelve-month period may be removed: [OPTION 1] at the discretion of the appointing Councilmember. [OPTION 2] at the discretion of their appointing Councilmember with recommendation from a majority vote of the Committee. [OPTION 3] at the close of the meeting during which the final absence occurs and the vacancy shall be filled according to the Maddy Act. E. Senior Advisory Committee Member Terms and Term Limits 1.Committee Members representing their district and the Mayor may serve two-year terms. 1.2. There will be no limit to the amount of terms a Committee Member may serve. 3.At the discretion of the City Council, a Senior Advisory Committee Member may be excused from further participation, in the event it is deemed necessary for the benefit of the Committee as a whole. 2. 12.1.a Packet Pg. 206 Attachment: SAC Resolution - Redlined [Revision 1] (2746 : Council Committee Resolution) RESOLUTION NO. 20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, UPDATING AND REPLACING RESOLUTION NO. 16-578, A M E N D I N G THE SENIOR ADVISORY COMMITTEE COMPOSITION AND GUIDELINES WHEREAS, the City Council is desirous of encouraging citizens of all ages in the community to participate in and serve on City advisory committees; and WHEREAS, City committees have a primary role to encourage increased public input and citizen participation in the determination of City policies and procedures; and WHEREAS, the City Council recognizes seniors to be a valuable resource when given the opportunity to plan and implement projects to meet real community needs, and recognizes seniors are capable of making a difference with the community; and WHEREAS, the City Council recognizes a Senior Advisory Committee established to serve as an advisory body to the City Council, will empower seniors, will create opportunities for their input into community projects, programs, and events, and will provide a vehicle by which seniors become involved in a process which enables them to have an influence and impact on issues and decisions they care about; and WHEREAS, on April 2, 2014 the City Council adopted Resolution No. 14-362, establishing the Senior Advisory Committee; and WHEREAS, on December 7, 2016 the City Council rescinded Resolution No. 14-362 and adopted Resolution No. 16-578, revising the composition of the Senior Advisory Committee to include seven members; and WHEREAS, the Senior Advisory Committee Members and staff agree that a five- member committee would be more efficient and follow the same requirements as other City Council established Committees and Commissions; and WHEREAS, by January 2021 the Senior Advisory Committee shall phase out the two at- large committee member appointments made by the Council as a whole and continue as a five- member committee, four appointed by districts and one at-large appointed by the Mayor; and WHEREAS, commencing January 2021, following each regular municipal election, and per the Maddy Act, the Mayor and Councilmember committee appointments shall be made; and NOW, THEREFORE, the City Council of the City of Menifee, California, does hereby resolve, determine and order as follows: Section 1 . Committee Composition That the composition of the Senior Advisory Committee shall consist of five members; four members appointed by each Councilmember from their respective district and one appointed, at-large, by the Mayor. 12.1.b Packet Pg. 207 Attachment: SAC Resolution - Clean [Revision 1] (2746 : Council Committee Resolution) Section 2. Committee Purpose That the purpose of the Senior Advisory Committee shall be to promote public service and community involvement, with, for and by seniors; review proposals for programs, projects and facilities as they pertain to seniors; promote senior involvement in community events programs or volunteer projects; and act in an advisory capacity to the City Council implementing senior oriented directives related to City projects, events and senior oriented programs. Section 3. Committee Appointment At the first City Council meeting, commencing January 2021, following each regular municipal election, the Mayor and Councilmembers shall appoint their Committee Members as required by the Maddy Act with the benefit of recommendations made through City staff liaisons. Committee Members shall serve until their successor is appointed and qualifies. In the case of an unexpected vacancy, the appointing Councilmember shall appoint a new Committee Member at the next available Council Meeting after the application process. Section 4. Committee Rules and Procedures That the role of the Senior Advisory Committee is contained in “Exhibit A” and the Senior Advisory Committee shall comply with the Ralph M. Brown Act, other applicable local and state laws and regulations, this Resolution and City Council Policy No. 1 (Rules of Decorum). PASSED, APPROVED AND ADOPTED this 2 day of December, 2020. ____________________________ Bill Zimmerman, Mayor Attest: Approved as to form: _______________________ _______________________ Sarah A. Manwaring, City Clerk Jeffrey T. Melching, Attorney 12.1.b Packet Pg. 208 Attachment: SAC Resolution - Clean [Revision 1] (2746 : Council Committee Resolution) EXHIBIT A Menifee Senior Advisory Committee Guidelines 1.Powers, Duties, and Responsibilities The Menifee Senior Advisory Committee shall follow the general powers, duties and responsibilities set forth in City Council Policy No. 1, City of Menifee Municipal Code and all other Ordinances and regulations of the City of Menifee and with the laws of the State of California: A. Promote community involvement, with, for, and by seniors. B. Review proposals for programs, projects and facilities as they pertain to seniors. C. Assist in the evaluation and planning of arts, recreation, and social service programs with an emphasis on seniors. D. Review and make recommendations on matters pertaining to senior programming and/or services to the Parks, Recreation, and Trails Commission or City Council. E. Promote senior involvement in community events, programs or volunteer projects through public education, service clubs and community organizations. F. Act in an advisory capacity to the City Council in all other policy matters pertaining to seniors. 2.Eligibility for the Senior Advisory Committee. The following criteria will be considered for eligibility as a member of the Menifee Senior Advisory Committee: A. Applicants must be residents of the City of Menifee and reside in the district of the Councilmember that has appointed them. B. Applicants must be a registered voter in the City of Menifee. C. Applicants must be 55 years of age and older. D. Members of the Menifee Senior Advisory Committee shall not hold any paid office or employment with the City of Menifee. E. Committee members are required to sign that they have read and agree with Policy No. CC-23, the City Council adopted Ethics Policy. F. Committee members are required to attend Bi-annual AB1234 training. 12.1.b Packet Pg. 209 Attachment: SAC Resolution - Clean [Revision 1] (2746 : Council Committee Resolution) 3.Procedure A. Composition of the Senior Advisory Committee 1.The Menifee Senior Advisory Committee shall consist of five members: four district-represented members appointed by each Councilmember and one member, at-large, appointed by the Mayor. B. Support 1.The City Manager or his/her designee shall be the City Council's liaison to the Senior Advisory Committee. C. Senior Advisory Committee Officers 1.Chairperson: Shall be appointed by the Senior Advisory Committee members each January to begin office on February 1, annually; The Chair shall facilitate the meetings of the Committee and shall insure Committee items are placed on the Agenda. 2.Vice-Chair: Shall be appointed by the Senior Advisory Committee members each January to begin office on February 1, annually; The Vice-Chair shall assist the Chair as requested and facilitate the meetings in the absence of the Chairperson. 3.The Secretary: A City staff liaison shall act as the Committee Secretary; the Secretary will: •Record the minutes of Senior Advisory Committee meetings; and •Prepare the draft minutes and attach to the agenda for the subsequent meeting for approval; and •The City Clerk, or their designee, will maintain records related to the Senior Advisory Committee. D. Senior Advisory Committee Meetings 1.The Senior Advisory Committee will meet on a regular monthly schedule as determined by the members of the Committee and approved by the City Council. 2.Meetings will be conducted according to the Ralph M. Brown Act. 12.1.b Packet Pg. 210 Attachment: SAC Resolution - Clean [Revision 1] (2746 : Council Committee Resolution) 3.Meetings may take place when a quorum is present; a quorum will be reached when half the Senior Advisory Committee members plus one are in attendance. 4.The City Council or staff liaison shall place items on the agenda according to the necessity and/or urgency of Council to have items reviewed by the Senior Advisory Committee. 5.Future agenda requests may be made and seconded by one of the Committee Members. 6.Senior Advisory Committee Members are expected to be present unless excused with prior notice to the staff liaison or Chairperson. A Committee Member with three unexcused meeting absences during a twelve-month period may be removed: [OPTION 1] at the discretion of the appointing Councilmember. [OPTION 2] at the discretion of their appointing Councilmember with recommendation from a majority vote of the Committee. [OPTION 3] at the close of the meeting during which the final absence occurs and the vacancy shall be filled according to the Maddy Act. E. Senior Advisory Committee Member Terms and Term Limits 1.Committee Members representing their district and the Mayor may serve two-year terms. 2.There will be no limit to the amount of terms a Committee Member may serve. 3.At the discretion of the City Council, a Senior Advisory Committee Member may be excused from further participation, in the event it is deemed necessary for the benefit of the Committee as a whole. 12.1.b Packet Pg. 211 Attachment: SAC Resolution - Clean [Revision 1] (2746 : Council Committee Resolution) RESOLUTION NO. 20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, UPDATING AND ESTABLISHING REPLACING RESOLUTION NO. 15-414,THE MENIFEE CITIZENS ADVISORY COMMITTEE OF THE CITY OF MENIFEE WHEREAS, the City Council is desirous of encouraging citizens of all ages in the community to participate in and serve on city advisory committees; and WHEREAS, City committees have a primary role to encourage increased public input and citizen participation in the determination of City policies and procedures; and WHEREAS, the City Council recognizes Committee and Commission Members to be valuable resources when given the opportunity to plan and implement projects to meet real community needs, and recognizes they are capable of making a difference with the community; and WHEREAS, in July of 2012 the City of Menifee became an entitlement agency and recipient of the Federal Department of Housing and Urban Development, Community Development Block Grant; and WHEREAS, as a recipient of annual grant funds, the City assists with the enhancement and support of low to moderate income populations within the City of Menifee through delivery of public service grants to qualifying local non-profits; and WHEREAS, part of the requirements to becoming an entitlement community the City Council adopted a Citizen Participation Plan on October 18, 2011, establishing the policies and procedures to be followed in the 2012-17 Consolidated Plan, the 2012-13 Annual Action Plan, future Annual Action Plans, and the Analysis of Impediments to Fair Housing; and WHEREAS, the adopted Citizens Participation Plan incorporated the participation of the Menifee Citizen’s Advisory Committee as part of the annual review for public services programs/activities included within the Annual Action Plan(s); and WHEREAS, on July 7, 2015, the City Council adopted Resolution No. 15-414, establishing the Menifee Citizens Advisory Committee; and WHEREAS, the composition of the Menifee Citizens Advisory Committee was comprised of two members from the Youth Advisory Committee, Senior Advisory Committee, Parks, Recreation, and Trails Commission and the Planning Commission; and WHEREAS, on August 15, 2018 the City Council adopted Resolution No. 18-709, dissolving and restructuring the Youth Advisory Committee as a Community Services Department program, resulting in the need to revise the Menifee Citizens Advisory Committee composition; and WHEREAS, the revised composition on the Menifee Citizens Advisory Committee shall occur through ad-hoc committee appointment by the following community advisory boards serving the City Council: Senior Advisory Committee, Parks, Recreation, and Trails Commission, and the 12.1.c Packet Pg. 212 Attachment: MCAC Resolution - Redline (2746 : Council Committee Resolution) Planning Commission, with the benefit of recommendations made through City staff liaisons; ands. WHEREAS, the community advisory boards shall make their appointments to the Menifee Citizens Advisory Committee bi-annually, in February, to serve a two-year term, commencing 2021; and WHEREAS, on September 16, 2020 the City Council adopted Policy No. CC-24, an updated City Council Recognition Policy, outlining selection guidelines for the Citizen of the Month and Citizen of the Year Programs to be implemented in 2021; and WHEREAS, due to the COVID-19 Pandemic, limited ability for in person public recognition, and implementation of Policy No. CC-24, the Citizen of the Year program will resume in 2021 and the Citizen of the Month recipients for 2020 will be considered for Citizen of the Year for calendar year 2021; and WHEREAS, commencing in January 2022, the Menifee Citizens Advisory Committee, at a meeting prior to the second regular scheduled City Council meeting in January each calendar year, shall review Menifee’s Outstanding Citizen of the Month recipient applications and select Menifee’s Outstanding Citizen of the Year based on Policy No. CC-24; and WHEREAS, the City Council recognizes a Menifee Citizens Advisory Committee established to serve as an advisory body to the City Council, will empower community groups and non-profit organizations, will create opportunities for their input into community projects, programs, and events, and will provide a vehicle by which they can become involved in a process which enables them to have an influence and impact on services and programs they care about. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Committee Composition That the Menifee Citizens Advisory Committee consists of eight (8)six members; two members from the Senior Advisory Committee, the Parks, Recreation, and Trails Commission and the Planning Commission is hereby established.. Section 2. Committee Purpose That the purpose of the Menifee Citizens Advisory Committee shall be to promote and review Community Development Block Grant applications and reports for qualified sub-recipient public service and community organizations, review proposals for programs, projects and facilities as they pertain to residents; promote involvement in community events, programs or volunteer projects; and act in an advisory capacity to the City Council in all other policy matters pertaining to the Community Development Block Grant program. The Committee shall also review Menifee’s Outstanding Citizen of the Month recipient applications and meet prior to the second regularly scheduled City Council meeting in January to select Menifee’s Outstanding Citizen of the Year. Section 3. That membership on the Menifee Citizens Advisory Committee shall occur through ad-hoc committee appointment by each of the community advisory boards serving the City Council: Youth Advisory Committee, Senior Advisory Committee, Parks, Recreation and Trails Commission, and the Planning Commission, with the benefit of recommendations made through City staff liaisons. Commissions and Committees shall appoint two (2) Members from 12.1.c Packet Pg. 213 Attachment: MCAC Resolution - Redline (2746 : Council Committee Resolution) their respective boards to server in ad-hoc capacities on the Menifee Citizens Advisory Committee. At the time of his or her appointment, and during his or her tenure of office, each committee member shall reside within the City of Menifee. Section 4. That each Committee Member shall serve at the pleasure of his/her appointing Committee or Commission, for a single year term commencing January 1st and expiring December 31st of each year. There shall be no limit on the number of terms a Menifee Citizens Advisory Committee Member may serve. Section 3. Committee Rules and Procedures That the role of the Menifee Citizens Advisory Committee is contained in “Exhibit A” and the Menifee Citizens Advisory Committee shall establish its own procedural rules which shall comply with the Ralph M. Brown Act, other applicable local and state laws and regulations, this Resolution and City Council Policy No. 1 (Rules of Decorum). Section 6. That the following Powers and Duties of the Menifee Citizens Advisory Committee are outlined in “Exhibit A”. 6.1 That the Menifee Citizens Advisory Committee shall make recommendations to City Council, implementing Community Development Block Grant directives related to city projects, events and Public Service programs. 6.2 The role of the Menifee Citizens Advisory Committee as contained in “Exhibit A”, is hereby approved. Section 7. The City Manager is hereby authorized to do all things necessary to implement this Resolution. 12.1.c Packet Pg. 214 Attachment: MCAC Resolution - Redline (2746 : Council Committee Resolution) PASSED, APPROVED AND ADOPTED this 2 day of December 2020. _______________________________ Bill Zimmerman, Mayor Attest: _____________________________ Sarah A. Manwaring, City Clerk Approved as to form: _____________________________ Jeffrey T. Melching, City Attorney 12.1.c Packet Pg. 215 Attachment: MCAC Resolution - Redline (2746 : Council Committee Resolution) EXHIBIT A Menifee Citizens Advisory Committee Guidelines 1. Powers, Duties, and Responsibilities. The Menifee Citizens Advisory Committee shall be empowered to establish and maintainfollow written policy and rules and have the following general powers, duties and responsibilities set forth in City Council Policy No. 1, consistent with the City of Menifee Municipal Code and all other Ordinances and regulations of the City of Menifee and with the laws of the State of California: A. Promote community involvement, with, for, and by residents. B. Review proposals for programs, projects, and facilities as they pertain to the City of Menifee Community Block Grant Program. C. Assist in the evaluation and planning of arts, recreation, and social service programs with an emphasis on low to moderate income populations as defined by the Federal Department of Housing and Urban Development. D. Review and make recommendations on matters pertaining to the City of Menifee Community Development Block Grant program. E. Promote involvement in community events, programs or volunteer projects through public education, service clubs and community organizations. F. Act in an advisory capacity to the City Council in all other policy matters pertaining to City of Menifee Community Development Block Grant program. F.G. Review Menifee’s Outstanding Citizen of the Month recipient applications and select Menifee’s Outstanding Citizen of the Year based on Policy No. CC-24, the City Council Recognition Policy. 2. Eligibility for the Menifee Citizens Advisory Committee and Absences The following criteria will be considered for eligibility as a member of the Menifee Community Advisory Committee: A. Applicants must be residents of the City of Menifee and registered voters. B. The Menifee Community Advisory Committee shall consist of eight six members through appointment of each community advisory boards: two members of the Youth Advisory Committee, two members of the Senior Advisory Committee, two members of the Parks, Recreation and Trails Commission, and two members of the Planning Commission. C. Membership is open to all residents meeting the above criteria with current Committee/Commission membership status. C. Members of the Menifee Citizens Advisory Committee shall not hold any paid office or employmentbe employed with the City of Menifee. 12.1.c Packet Pg. 216 Attachment: MCAC Resolution - Redline (2746 : Council Committee Resolution) 12.1.c Packet Pg. 217 Attachment: MCAC Resolution - Redline (2746 : Council Committee Resolution) D. E. Failure of a regular member to attend any regular meeting of the Menifee Community Advisory Committee without the consent of the Menifee Community Advisory Committee shall be deemed to constitute the retirement of such member and the position declared vacant. 3. Procedure A. Composition of the Menifee Community Advisory Committee 1. The number of members of the Menifee Community Advisory Committee should be eight (8) persons. 2. Menifee Community Advisory Committee shall be composed of a cross- section of the City’s community advisory boards. A. Support 1. The City Manager or his/her designee shall be the City Council’s liaison to the Menifee Citizens Advisory Committee. B. Menifee Citizens Advisory Committee Officers 1. Chairperson: shall be elected appointed by the Menifee Citizens Advisory Committee members each Januaryat the first meeting of the calendar year to begin office on February 1, annually; The Chair shall facilitate the meetings of the committee and shall insure committee items are placed on the Agenda. 2. Vice-Chair: shall be electeappointed by the Menifee Citizens Advisory Committee members at the first meeting of the calendar year, annually;each January to begin office on February 1, annually; The Vice- Chair shall assist the Chair as requested and facilitate the meetings in the absence of the Chairperson. 3. The Secretary: A City staff liaison shall act as the Committee Secretary; The Secretary will: ▪ Record the minutes of Menifee Citizens Advisory Committee meetings; and ▪ Prepare the draft minutes and attach to the agenda for the subsequent meeting for approval; andFormat and send meeting minutes to the Chair for distribution to committee for approvalto the Committee for approval; and ▪ ▪ The City Clerk, or their designee, will maintain records related to the Menifee Citizens Advisory Committee C. Menifee Citizens Advisory Committee Meetings 12.1.c Packet Pg. 218 Attachment: MCAC Resolution - Redline (2746 : Council Committee Resolution) 1. Menifee Citizens Advisory The Senior Advisory Committee will meethave, at minimum, twice three regular meetings per year: one in FebruaryMarch, one in August, and one prior to the second regularly scheduled City Council meeting in January. Additional regular and special meetings can be scheduled as determined by the members of the Committee and approved by the City Council. 2. Meetings will be conducted according to the Ralph M. Brown Act. 3. Meetings may take place when a quorum is present; a quorum will be reached when half the Menifee Citizens Advisory Committee members plus one are in attendance. 4. The City Council or staff liaison shall place items on the agenda according to the necessity and/or urgency of City Council and the Community Development Block Grant program, to have items reviewed by the Menifee Citizens Advisory Committee. 5. Menifee Citizens Advisory Committee members may request agenda items through the Chair for upcoming meetings.Future agenda requests must be made and seconded by the Committee Members. 6. Menifee Citizens Advisory Committee members are expected to be present unless excused with prior notice to the staff liaison or Chairperson. A Menifee Citizens Advisory Committee member with any unexcused meeting absences may be replaced at the discretion of the City Council or the respective appointing Committee or Commission. D. Menifee Community Advisory Committee Member Term Limits 1. Committee Members shall serve at the pleasure of his/her appointing Committee or Commission, for a singletwo-year term. commencing January 1st and expiring December 31st of each year. 1.2. There shall be no limit on the number of terms a Menifee Citizens Advisory Committee Member may serve. 2.3. At the discretion of the City Council or the appointing Committee/Commission, a Menifee Citizens Advisory Committee member may be excused from further participation, in the event it is deemed necessary for the benefit of the Committee as a whole. 3. Menifee Community Advisory Committee members are expected to be present unless excused with prior notice to the staff liaison or Chairperson. A Menifee Community Advisory Committee member with any unexcused meeting absence may be replaced at the discretion of the City Council or the respective appointing Committee/Commission. 4. 12.1.c Packet Pg. 219 Attachment: MCAC Resolution - Redline (2746 : Council Committee Resolution) RESOLUTION NO. 20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, UPDATING AND REPLACING RESOLUTION NO. 15-414, MENIFEE CITIZENS ADVISORY COMMITTEE WHEREAS, City committees have a primary role to encourage increased public input and citizen participation in the determination of City policies and procedures; and WHEREAS, the City Council recognizes Committee and Commission Members to be valuable resources when given the opportunity to plan and implement projects to meet real community needs, and recognizes they are capable of making a difference with the community; and WHEREAS, in July of 2012 the City of Menifee became an entitlement agency and recipient of the Federal Department of Housing and Urban Development, Community Development Block Grant; and WHEREAS, as a recipient of annual grant funds, the City assists with the enhancement and support of low to moderate income populations within the City of Menifee through delivery of public service grants to qualifying local non-profits; and WHEREAS, part of the requirements to becoming an entitlement community the City Council adopted a Citizen Participation Plan on October 18, 2011, establishing the policies and procedures to be followed in the 2012-17 Consolidated Plan, the 2012-13 Annual Action Plan, future Annual Action Plans, and the Analysis of Impediments to Fair Housing; and WHEREAS, the adopted Citizens Participation Plan incorporated the participation of the Menifee Citizen’s Advisory Committee as part of the annual review for public services programs/activities included within the Annual Action Plan(s); and WHEREAS, on July 7, 2015, the City Council adopted Resolution No. 15-414, establishing the Menifee Citizens Advisory Committee; and WHEREAS, the composition of the Menifee Citizens Advisory Committee was comprised of two members from the Youth Advisory Committee, Senior Advisory Committee, Parks, Recreation, and Trails Commission and the Planning Commission; and WHEREAS, on August 15, 2018 the City Council adopted Resolution No. 18-709, dissolving and restructuring the Youth Advisory Committee as a Community Services Department program, resulting in the need to revise the Menifee Citizens Advisory Committee composition; and WHEREAS, the revised composition on the Menifee Citizens Advisory Committee shall occur through ad-hoc committee appointment by the following community advisory boards serving the City Council: Senior Advisory Committee, Parks, Recreation, and Trails Commission, and the Planning Commission, with the benefit of recommendations made through City staff liaisons; and 12.1.d Packet Pg. 220 Attachment: MCAC Resolution - Clean (2746 : Council Committee Resolution) WHEREAS, the community advisory boards shall make their appointments to the Menifee Citizens Advisory Committee bi-annually, in February, to serve a two-year term, commencing 2021; and WHEREAS, on September 16, 2020 the City Council adopted Policy No. CC-24, an updated City Council Recognition Policy, outlining selection guidelines for the Citizen of the Month and Citizen of the Year Programs to be implemented in 2021; and WHEREAS, due to the COVID-19 Pandemic, limited ability for in person public recognition, and implementation of Policy No. CC-24, the Citizen of the Year program will resume in 2021 and the Citizen of the Month recipients for 2020 will be considered for Citizen of the Year for calendar year 2021; and WHEREAS, commencing in January 2022, the Menifee Citizens Advisory Committee, at a meeting prior to the second regular scheduled City Council meeting in January each calendar year, shall review Menifee’s Outstanding Citizen of the Month recipient applications and select Menifee’s Outstanding Citizen of the Year based on Policy No. CC-24; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Committee Composition That the Menifee Citizens Advisory Committee consists of six members; two members from the Senior Advisory Committee, the Parks, Recreation, and Trails Commission and the Planning Commission. Section 2. Committee Purpose That the purpose of the Menifee Citizens Advisory Committee shall be to promote and review Community Development Block Grant applications and reports for qualified sub-recipient public service and community organizations, review proposals for programs, projects and facilities as they pertain to residents; promote involvement in community events, programs or volunteer projects; and act in an advisory capacity to the City Council in all other policy matters pertaining to the Community Development Block Grant program. The Committee shall also review Menifee’s Outstanding Citizen of the Month recipient applications and meet prior to the second regularly scheduled City Council meeting in January to select Menifee’s Outstanding Citizen of the Year. Section 3. Committee Rules and Procedures That the role of the Menifee Citizens Advisory Committee is contained in “Exhibit A” and the Menifee Citizens Advisory Committee shall comply with the Ralph M. Brown Act, other applicable local and state laws and regulations, this Resolution and City Council Policy No. 1 (Rules of Decorum). 12.1.d Packet Pg. 221 Attachment: MCAC Resolution - Clean (2746 : Council Committee Resolution) PASSED, APPROVED AND ADOPTED this 2 day of December 2020. _______________________________ Bill Zimmerman, Mayor Attest: _____________________________ Sarah A. Manwaring, City Clerk Approved as to form: _____________________________ Jeffrey T. Melching, City Attorney 12.1.d Packet Pg. 222 Attachment: MCAC Resolution - Clean (2746 : Council Committee Resolution) EXHIBIT A Menifee Citizens Advisory Committee Guidelines 1. Powers, Duties, and Responsibilities. The Menifee Citizens Advisory Committee shall follow the general powers, duties and responsibilities set forth in City Council Policy No. 1, City of Menifee Municipal Code and all other Ordinances and regulations of the City of Menifee and with the laws of the State of California: A. Promote community involvement, with, for, and by residents. B. Review proposals for programs, projects, and facilities as they pertain to the City of Menifee Community Block Grant Program. C. Assist in the evaluation and planning of arts, recreation, and social service programs with an emphasis on low to moderate income populations as defined by the Federal Department of Housing and Urban Development. D. Review and make recommendations on matters pertaining to the City of Menifee Community Development Block Grant program. E. Promote involvement in community events, programs or volunteer projects through public education, service clubs and community organizations. F. Act in an advisory capacity to the City Council in all other policy matters pertaining to City of Menifee Community Development Block Grant program. G. Review Menifee’s Outstanding Citizen of the Month recipient applications and select Menifee’s Outstanding Citizen of the Year based on Policy No. CC-24, the City Council Recognition Policy. 2. Eligibility for the Menifee Citizens Advisory Committee and Absences The following criteria will be considered for eligibility as a member of the Menifee Community Advisory Committee: A. Applicants must be residents of the City of Menifee and registered voters. B. The Menifee Community Advisory Committee shall consist of six members through appointment of each community advisory boards: two members of the Senior Advisory Committee, two members of the Parks, Recreation and Trails Commission, and two members of the Planning Commission. C. Members of the Menifee Citizens Advisory Committee shall not be employed with the City of Menifee. 12.1.d Packet Pg. 223 Attachment: MCAC Resolution - Clean (2746 : Council Committee Resolution) 3. Procedure A. Support 1. The City Manager or his/her designee shall be the City Council’s liaison to the Menifee Citizens Advisory Committee. B. Menifee Citizens Advisory Committee Officers 1. Chairperson: shall be appointed by the Menifee Citizens Advisory Committee members at the first meeting of the calendar year, annually; The Chair shall facilitate the meetings of the committee and shall insure committee items are placed on the Agenda. 2. Vice-Chair: shall be appointed by the Menifee Citizens Advisory Committee members at the first meeting of the calendar year, annually; The Vice-Chair shall assist the Chair as requested and facilitate the meetings in the absence of the Chairperson. 3. The Secretary: A City staff liaison shall act as the Committee Secretary; The Secretary will: ▪ Record the minutes of Menifee Citizens Advisory Committee meetings; and ▪ Prepare the draft minutes and attach to the agenda for the subsequent meeting for approval; and ▪ The City Clerk, or their designee, will maintain records related to the Menifee Citizens Advisory Committee C. Menifee Citizens Advisory Committee Meetings 1. Menifee Citizens Advisory Committee will have, at minimum, three regular meetings per year: one in March, one in August, and one prior to the second regularly scheduled City Council meeting in January. Additional special meetings can be scheduled as determined by the members of the Committee and approved by the City Council. 2. Meetings will be conducted according to the Ralph M. Brown Act. 3. Meetings may take place when a quorum is present; a quorum will be reached when half the Menifee Citizens Advisory Committee members plus one are in attendance. 4. The City Council or staff liaison shall place items on the agenda according to the necessity and/or urgency of City Council and the Community Development Block Grant program, to have items reviewed by the Menifee Citizens Advisory Committee. 5. Future agenda requests must be made and seconded by the Committee Members. 12.1.d Packet Pg. 224 Attachment: MCAC Resolution - Clean (2746 : Council Committee Resolution) 6. Menifee Citizens Advisory Committee members are expected to be present unless excused with prior notice to the staff liaison or Chairperson. A Menifee Citizens Advisory Committee member with any unexcused meeting absences may be replaced at the discretion of the City Council or the respective appointing Committee or Commission. D. Menifee Community Advisory Committee Member Term Limits 1. Committee Members shall serve at the pleasure of his/her appointing Committee or Commission, for a two-year term. 2. There shall be no limit on the number of terms a Menifee Citizens Advisory Committee Member may serve. 3. At the discretion of the City Council or the appointing Committee/Commission, a Menifee Citizens Advisory Committee member may be excused from further participation, in the event it is deemed necessary for the benefit of the Committee as a whole. 12.1.d Packet Pg. 225 Attachment: MCAC Resolution - Clean (2746 : Council Committee Resolution) RESOLUTION NO. 20-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, ESTABLISHING REPLACING RESOLUTION NO. 17-593, UPDATING THE MEASURE DD OVERSIGHT COMMITTEE GUIDELINESOF THE CITY OF MENIFEE WHEREAS, the City Council is desirous of encouraging citizens of all ages in the community to participate in and serve on city advisory committees; and WHEREAS, City committees have a primary role to encourage increased public input and citizen participation in the determination of City policies and procedures; and WHEREAS, the City Council recognizes Committee and Commission Members to be a valuable resource when given the opportunity to plan and implement projects to meet real community needs, and recognizes seniors are capable of making a difference with the community; and WHEREAS, on February 1, 2017 the City Council adopted Resolution No. 17-593; recognizes establishing an the Measure DD Oversight Committee; and WHEREAS, there is a need to update the Measure DD Committee Guidelines, standardizing all Committee guidelines; and. established to serve as an advisory body to the City Council, will empower residents, will create opportunities for their input into community projects, programs, and events, and will provide a vehicle by which the residents can become involved in a process which enables them to have an influence and impact on issues and decisions they care about. WHEREAS, commencing January 2021, following each regular municipal election and per the Maddy Act requirements, the Mayor and Councilmembers shall make their Committee appointments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That an Oversight Advisory Committee consisting of five (5) members is hereby established. Section 2. That the purpose of the Menifee Oversight Advisory Committee shall be to promote public service and community involvement, with, for and by residents, to review, monitor, and oversee the appropriation of sales tax proceeds from measure DD and to recommend the use of sales tax proceeds from Measure DD, and act in an advisory capacity to the City Council in all other policy matters pertaining to Measure DD funds. Section 1. Committee Composition The composition of the Measure DD Oversight Committee shall consist of five members; four members appointed by each Councilmember from their respective district and one appointed at-large, by the Mayor. That membership on the Oversight Committee shall occur through appointment by the Mayor and Council with the benefit of recommendations made through City staff liaisons. Each City Council member in his/her sole discretion shall appoint one Committee Member in their respective district. Each City Council 12.1.e Packet Pg. 226 Attachment: Measure DD Resolution - Redlined [Revision 1] (2746 : Council Committee Resolution) member may determine whether or not to utilize the application process in making such appointment. At the time of his or her appointment, and during his or her tenure of office, each Committee Member shall reside within the City of Menifee and in the district of the Councilmember that has appointed them. Section 2. Committee Purpose To promote public service and community involvement, with, for and by residents, to review, monitor, and oversee the appropriation of sales tax proceeds from Measure DD and to recommend the use of sales tax proceeds from Measure DD, and act in an advisory capacity to the City Council in all other policy matters pertaining to Measure DD funds. Section 43. Committee Appointment That each Committee Member shall serve at the pleasure of his/her appointing City Council member, for the same term as that Council member and until the Committee Member’s successor is appointed and qualifies. At the first City Council meeting, commencing January 2021, following each regular municipal election, the Mayor and Councilmembers shall appoint their Committee Members as required by the Maddy Act with the benefit of recommendations made through City staff liaisons. Committee Members shall serve until their successor is appointed and qualifies. In the case of an unexpected vacancy, the appointing Councilmember or Mayor shall appoint a new Committee Member at the next available Council Meeting following the application process. Section 54. Committee Rules and Procedures That the Oversight Committee shall establish its own procedural rules which shall comply with the Ralph M. Brown Act, other applicable local and state laws and regulations, this Resolution and City Council Policy No. 1 (Rules of Decorum) and the Oversight Committee guidelines as outlined in “Exhibit A”. Section 6. That the following are the Powers and Duties of the Oversight Committee: 5.1 That the Menifee Oversight Committee shall review, monitor and oversee the appropriation of sales tax proceeds from Measure DD and make recommendations to Council, implementing the use of sales tax proceeds from Measure DD. 5.2 The role of the Menifee Oversight Committee as contained in “Exhibit A”, is hereby approved. Section 6. The City Manager is hereby authorized to do all things necessary to implement this resolution. PASSED, APPROVED AND ADOPTED on this 2 day of December 2020. 12.1.e Packet Pg. 227 Attachment: Measure DD Resolution - Redlined [Revision 1] (2746 : Council Committee Resolution) _______________________________ Bill Zimmerman, Mayor Attest: _____________________________ Sarah A. Manwaring, City Clerk Approved as to form: _____________________________ Jeffrey T. Melching, City Attorney 12.1.e Packet Pg. 228 Attachment: Measure DD Resolution - Redlined [Revision 1] (2746 : Council Committee Resolution) EXHIBIT A Menifee Measure DD Oversight Committee Guidelines 1. Powers, Duties, and Responsibilities. The Menifee Oversight Committee shall be empowered to establish and maintain written policy and rules and have the follow the general powers, duties and responsibilities set forth in City Council Policy No. 1, consistent with the City of Menifee Municipal Code and all other Ordinances and regulations of the City of Menifee and with the laws of the State of California: A. Promote community involvement, with, for, and by seniorsresidents. B. Review, monitor and oversee the appropriation of sales tax proceeds from Measure DD. C. Make recommendations to the City Council implementing the use of sales tax proceeds from Measure DD. D. Act in an advisory capacity to the City Council in all other policy matters pertaining to Measure DD funds. 2. Eligibility for the Measure DD Oversight Committee. The following criteria will be considered for eligibility as a member of the Measure DD Committee: A. Applicants must be registered voters and residents of the City of Menifee. and registered voters. B. The Measure DD Committee shall consist of five members through appointment by the Mayor and each Councilmember. C. Membership is open to all residents meeting the above criteria. D.B. Members of the Measure DD Oversight Committee shall not hold any paid office or employment with the City of Menifee. C. Failure of a regular member to attend three consecutive regular meetings of the Measure DD Oversight Committee without the consent of the Measure DD Oversight Committee shall be deemed to constitute the retirement of such member and the position declared vacant.A Measure DD Oversight Committee Member with threetwo or more meeting absences during a twelve-month period may be removed at the discretion of their appointing Councilmember with recommendation from a majority vote of the Committee. D. Committee Members are required to sign that they have read and agree with the City Council adopted Ethics Policy. E. Committee members are required to submit a Statement of Economic Interest (Form 700.) 12.1.e Packet Pg. 229 Attachment: Measure DD Resolution - Redlined [Revision 1] (2746 : Council Committee Resolution) F. Committee members are required to attend bi-annual AB1234 training. 3.Procedure A. Composition of the Measure DD Oversight Committee 1.The number of members of the The Measure DD Oversight Committee shall be five (5) personsconsists of five members: four district-represented members appointed by each Councilmember, and 1one at-large member appointed by the Mayor. 2.The Measure DD Oversight Committee shall be composed of a cross-section of the community’s population. 1. B. Support 1.The City Manager or his/her designee shall be the City Council’s liaison to the Measure DD Oversight Committee. C. Measure DD Oversight Committee Officers 1.Chairperson: shall be elected appointed by the Measure DD Oversight Committee members each January to begin office on February 1, annually; The Chair shall facilitate the meetings of the Committee and shall insure committee items are placed on the agenda. 2.Vice-Chair: shall be elected appointed by the Measure DD Oversight Committee members each January to begin office on February 1, annually; The Vice-Chair shall assist the Chair as requested and facilitate the meetings in the absence of the Chairperson. 3.The Secretary: A City staff liaison shall act as the Committee Secretary; The Secretary will: ▪Record the minutes of Measure DD Oversight Committee meetings; and ▪Format and send meeting minutes to the committee for approval; and ▪Format and send meeting minutes to the Chair for distribution to committee for approval ▪The City Clerk, or their designeeThe City Clerk, will maintain records related to the Measure DD Oversight Committee D. Measure DD Oversight Committee Meetings 1.The Measure DD Oversight Committee will hold least two regular meetingstimes per year; one time before prior to the approval of the fiscal year 12.1.e Packet Pg. 230 Attachment: Measure DD Resolution - Redlined [Revision 1] (2746 : Council Committee Resolution) budget and once atprior to the mid-year budget review. The Committee may hold other special meetings as needed. The exact date and time will be determined by the members of the Committee and approved by the City Council. 2.Meetings will be conducted according to the Ralph M. Brown Act. 3.Meetings may take place when a quorum is present; a quorum will be reached when half the Measure DD Oversight Committee members plus one are in attendance. 4.The City Council or staff liaison shall place items on the agenda according to the necessity and/or urgency of Council to have items reviewed by the Measure DD Oversight Committee. 5.Future agenda requests may be made and seconded by one of the Measure DD Oversight Committee members Members.may request agenda items through the Chair for upcoming meetings. 6.Measure DD Oversight Committee Members are expected to be present unless excused with prior notice to the staff liaison or Chairperson. A Committee Member with two unexcused meeting absences during a twelve- month periodmay be removed: [OPTION 1] at the discretion of the appointing Councilmember. [OPTION 2] at the discretion of their appointing Councilmember with recommendation from a majority vote of the Committee. E. [OPTION 3] at the close of the meeting during which the final absence occurs and the vacancy shall be filled according to the Maddy Act. E. Measure DD Oversight Committee Member Term Limits 1.Committee Members representing their district and the Mayor may serve two- (2) year terms. 2.There shall be no limit to the amount of terms a Committee Member may serve. 3.At the discretion of the City Council, a Committee member may be excused from further participation, in the event it is deemed necessary for the benefit of the Committee as a whole. 4. Measure DD Oversight Committee members are expected to be present unless excused with prior notice to the staff liaison or Chairperson. A Committee member with three (3) consecutive unexcused meeting absences may be replaced at the discretion of the City Council. In the event a member is unable or unwilling to continue participation in regularly scheduled activities, alternate members will be considered by City 12.1.e Packet Pg. 231 Attachment: Measure DD Resolution - Redlined [Revision 1] (2746 : Council Committee Resolution) Council to assume regular member status. The names of the alternate members would be presented to Council for appointment. 5.3. 12.1.e Packet Pg. 232 Attachment: Measure DD Resolution - Redlined [Revision 1] (2746 : Council Committee Resolution) RESOLUTION NO. 20-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, REPLACING RESOLUTION NO. 17-593, UPDATING THE MEASURE DD OVERSIGHT COMMITTEE GUIDELINES WHEREAS, City committees have a primary role to encourage increased public input and citizen participation in the determination of City policies and procedures; and WHEREAS, the City Council recognizes Committee and Commission Members to be a valuable resource when given the opportunity to plan and implement projects to meet real community needs; and WHEREAS, on February 1, 2017 the City Council adopted Resolution No. 17-593; establishing the Measure DD Oversight Committee; and WHEREAS, there is a need to update the Measure DD Committee Guidelines, standardizing all Committee guidelines; and WHEREAS, commencing January 2021, following each regular municipal election and per the Maddy Act requirements, the Mayor and Councilmembers shall make their Committee appointments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Committee Composition The composition of the Measure DD Oversight Committee shall consist of five members; four members appointed by each Councilmember from their respective district and one appointed at-large, by the Mayor. At the time of his or her appointment, and during his or her tenure of office, each Committee Member shall reside within the City of Menifee and in the district of the Councilmember that has appointed them. Section 2. Committee Purpose To promote public service and community involvement, with, for and by residents, to review, monitor, and oversee the appropriation of sales tax proceeds from Measure DD and to recommend the use of sales tax proceeds from Measure DD, and act in an advisory capacity to the City Council in all other policy matters pertaining to Measure DD funds. Section 3. Committee Appointment At the first City Council meeting, commencing January 2021, following each regular municipal election, the Mayor and Councilmembers shall appoint their Committee Members as required by the Maddy Act with the benefit of recommendations made through City staff liaisons. Committee Members shall serve until their successor is appointed and qualifies. In the case of an unexpected vacancy, the appointing Councilmember or Mayor shall appoint a new Committee Member at the next available Council Meeting following the application process. Section 4. Committee Rules and Procedures That the Oversight Committee shall comply with the Ralph M. Brown Act, other applicable local and state laws and regulations, this Resolution and City Council Policy No. 1 (Rules of Decorum) and the Oversight Committee guidelines as outlined in “Exhibit A”. 12.1.f Packet Pg. 233 Attachment: Measure DD Resolution - Clean [Revision 1] (2746 : Council Committee Resolution) PASSED, APPROVED AND ADOPTED on this 2 day of December 2020. _______________________________ Bill Zimmerman, Mayor Attest: _____________________________ Sarah A. Manwaring, City Clerk Approved as to form: _____________________________ Jeffrey T. Melching, City Attorney 12.1.f Packet Pg. 234 Attachment: Measure DD Resolution - Clean [Revision 1] (2746 : Council Committee Resolution) EXHIBIT A Menifee Measure DD Oversight Committee Guidelines 1.Powers, Duties, and Responsibilities. The Menifee Oversight Committee shall follow the general powers, duties and responsibilities set forth in City Council Policy No. 1, City of Menifee Municipal Code and all other Ordinances and regulations of the City of Menifee and with the laws of the State of California: A. Promote community involvement, with, for, and by residents. B. Review, monitor and oversee the appropriation of sales tax proceeds from Measure DD. C. Make recommendations to the City Council implementing the use of sales tax proceeds from Measure DD. D. Act in an advisory capacity to the City Council in all other policy matters pertaining to Measure DD funds. 2.Eligibility for the Measure DD Oversight Committee The following criteria will be considered for eligibility as a member of the Measure DD Committee: A. Applicants must be registered voters and residents of the City of Menifee. B. Members of the Measure DD Oversight Committee shall not hold any paid office or employment with the City of Menifee. C. A Measure DD Oversight Committee Member with two or more meeting absences during a twelve-month period may be removed at the discretion of their appointing Councilmember with recommendation from a majority vote of the Committee. D. Committee Members are required to sign that they have read and agree with the City Council adopted Ethics Policy. E. Committee members are required to submit a Statement of Economic Interest (Form 700.) F. Committee members are required to attend bi-annual AB1234 training. 3.Procedure A. Composition of the Measure DD Oversight Committee 1.The Measure DD Oversight Committee consists of five members: four district-represented members appointed by each Councilmember, and one at-large member appointed by the Mayor. 12.1.f Packet Pg. 235 Attachment: Measure DD Resolution - Clean [Revision 1] (2746 : Council Committee Resolution) B. Support 1.The City Manager or his/her designee shall be the City Council’s liaison to the Measure DD Oversight Committee. C. Measure DD Oversight Committee Officers 1.Chairperson: shall be appointed by the Measure DD Oversight Committee members each January to begin office on February 1, annually; The Chair shall facilitate the meetings of the Committee and shall insure committee items are placed on the agenda. 2.Vice-Chair: shall be appointed by the Measure DD Oversight Committee members each January to begin office on February 1, annually; The Vice- Chair shall assist the Chair as requested and facilitate the meetings in the absence of the Chairperson. 3.The Secretary: A City staff liaison shall act as the Committee Secretary; The Secretary will: ▪Record the minutes of Measure DD Oversight Committee meetings; and ▪Format and send meeting minutes to the committee for approval; and ▪The City Clerk, or their designee, will maintain records related to the Measure DD Oversight Committee D. Measure DD Oversight Committee Meetings 1.The Measure DD Oversight Committee will hold two regular meetings per year; one time prior to the approval of the fiscal year budget and once prior to the mid-year budget review. The Committee may hold other special meetings as needed. The exact date and time will be determined by the members of the Committee. 2.Meetings will be conducted according to the Ralph M. Brown Act. 3.Meetings may take place when a quorum is present; a quorum will be reached when half the Measure DD Oversight Committee members plus one are in attendance. 4.The City Council or staff liaison shall place items on the agenda according to the necessity and/or urgency of Council to have items reviewed by the Measure DD Oversight Committee. 5.Future agenda requests may be made and seconded by one of the Measure DD Oversight Committee Members. 6.Measure DD Oversight Committee Members are expected to be present unless excused with prior notice to the staff liaison or Chairperson. A 12.1.f Packet Pg. 236 Attachment: Measure DD Resolution - Clean [Revision 1] (2746 : Council Committee Resolution) Committee Member with two unexcused meeting absences during a twelve- month period may be removed: [OPTION 1] at the discretion of the appointing Councilmember. [OPTION 2] at the discretion of their appointing Councilmember with recommendation from a majority vote of the Committee. [OPTION 3] at the close of the meeting during which the final absence occurs and the vacancy shall be filled according to the Maddy Act. E. Measure DD Oversight Committee Member Term Limits 1.Committee Members representing their district and the Mayor may serve two- year terms. 2.There shall be no limit to the amount of terms a Committee Member may serve. 3.At the discretion of the City Council, a Committee member may be excused from further participation, in the event it is deemed necessary for the benefit of the Committee as a whole. 12.1.f Packet Pg. 237 Attachment: Measure DD Resolution - Clean [Revision 1] (2746 : Council Committee Resolution) CITY OF MENIFEE SUBJECT: City Insurance Coverage Membership Pool MEETING DATE: December 2, 2020 TO: Mayor and City Council PREPARED BY: Rochelle Clayton, Deputy City Manager REVIEWED BY: Rochelle Clayton, Deputy City Manager APPROVED BY: Armando G. Villa, City Manager RECOMMENDED ACTION Review the options available to change the City’s liability and workers compensation insurance coverage and provide direction to staff. DISCUSSION On October 15, 2020, staff presented to the Finance Committee the information regarding the City’s current insurance carrier, Public Agency Risk Sharing Authority of California (PARSAC), merging with Redwood Empire Municipal Insurance Fund (REMIF) to form the new Joint Powers Authority known as California Intergovernmental Risk Authority (CIRA). The Finance Committee was in support of the merge, however staff indicated that the City intended to complete a Request for Proposal (RFP) of insurance services to ensure the lowest rates for the City. As part of that process, the City released a Request for Information (RFI) to determine if the agencies submitting would meet the City’s needs. Two major public insurance agencies submitted, Public Entity Risk Management Authority (PERMA) and California Joint Powers Insurance Authority (Cal JPIA). Each agency offers the same or more services as PARSAC, however, each agency requires that an application be submitted prior to providing rates. The application timeframe is 30-45 days. Per the existing agreement with PARSAC, the City must provide a termination notice of 180 days or six months. Ordinarily that would not pose an issue while going through this process, however due to the merge with REMIF to form the new joint powers authority, CIRA, the City must commit to membership for two years. In other words, if the City does not provide a notice of termination by December 31, 2020, the City is committed to remaining in CIRA for the period of July 1, 2021 to June 30, 2023. The current options to join another insurance pool are: 12.2 Packet Pg. 238 City of Menifee Staff Report City Insurance Coverage December 2, 2020 Page 2 of 5 1. Remain in the CIRA insurance pool until June 2023 and obtain insurance rates from the other carriers in calendar year 2022 by submitting applications closer to the timeframe available to terminate membership. 2. Submit a notice of termination to PARSAC indicating that the City will not join the CIRA pool and submit applications to both PERMA and Cal JPIA with the anticipation that a larger insurance pool is anticipated to yield lower rates. 3. Remain in the CIRA insurance pool until June 2023 and obtain insurance rates from the other carriers as soon as possible by submitting applications in order to have an understanding of the rate differences and plan for the future. The purpose of the merge with REMIF to form CIRA is to increase the membership pool and keep rates competitive. The current PARSAC membership pool is 34 small to medium sized agencies, primarily consisting of agencies smaller than the City of Menifee, however the anticipation is that the newly formed CIRA will yield a membership pool of 50 agencies, though it is unknown at this time how many existing agencies plan to join CIRA. The membership pool in Cal JPIA is 123 agencies with 35 police departments, covering seven regions across California. The membership pool in PERMA is only 30 agencies with 8 police departments (memberships include the neighboring cities of Murrieta, Perris and Moreno Valley), confined to Southern California and primarily in Riverside and San Bernardino counties. ADDITIONAL CONSIDERATIONS Cost of Withdrawal From PARSAC: ▪ If the City does not continue with CIRA, the existing PARSAC JPA Agreement requires the withdrawn member to pay 100% of its general administrative and claims administrative fees in year 1, 50% in year 2, and 25% in year 3. Additionally, a withdrawn member is not eligible for dividends until all years which they have participated have closed. However, the withdrawn member is still subject to assessments declared by the Board. The general administrative and claims administrative fees for FY 19/20 is approximately $73,802. That estimate is expected to increase for FY20/21. ▪ Pay the apportionment of retirement obligations (CalPERS) for PARSAC. ▪ If the City decides to enter a new pool, the City will need to terminate services with existing providers (TPAs, proprietary software, etc.). In addition, the City will need to establish these services with providers available through the new pool. ▪ The City will lose PARSAC Designated Equity (currently $68,382) 12.2 Packet Pg. 239 City of Menifee Staff Report City Insurance Coverage December 2, 2020 Page 3 of 5 ▪ The City will also need to set aside Fund Balance Reserves (as required) to join the new pool. Merger Costs: ▪ PARSAC program equity and assets will not transfer to CIRA. Each organization will retain their respective equity and liability pre-merger. PARSAC will continue to determine equity through the retrospective premium adjustment process annually. PARSAC members will determine, independently, how and when their pre-merger equity is ultimately returned. ▪ With the merger, existing claims will not transfer over to CIRA. Although the pool will continue to provide these services, the costs will not be shared by the CIRA members. PARSAC proposes to pay for these services (original PARSAC members only) through program equity, so members will not be billed to run out the tail claims. However, its only a proposal at his point. ▪ PARSAC rate changes for annual program premium contributions is projected to be +/- 10% due to current trends in the insurance market. Unknowns: There are several unknowns associated with the merger. More specifically: ▪ It is anticipated that all current PARSAC members intend to follow through with the merge as most have already adopted or will be adopting the merger documents by December 31, 2020. The final number will not be known until after the withdrawal notification deadline of December 31, 2020. ▪ Rate changes for the annual program premium contributions will fluctuate +/- 10% with the merger. More specifically, insurance costs have increased significantly over the past two years through PRISM (Public Risk Innovation, Solutions, and Management - previously known as CSAC EIA). Moreover, PARSAC expects the increase to continue into the next renewal cycle due to the current market trend. However, PARSAC is reviewing other excess pooling options for CIRA next year. According to PARSAC, the two other excess pools they are reviewing, California Joint Powers Risk Management Authority (CJPRMA) and California Affiliated Risk Management Authority (CARMA), appear to have more competitive rating formulas for potential savings. BACKGROUND Public entity pools are fundamentally different from conventional insurance. The primary purpose of any public entity pool is to manage and reduce underlying risks to the benefit of public entity members and the public at large. Conventional insurers exist primarily to finance losses, while public pools are collaborating partners that help public entities create, foster, and 12.2 Packet Pg. 240 City of Menifee Staff Report City Insurance Coverage December 2, 2020 Page 4 of 5 manage safe environments in order to minimize personal, physical, and property damages and losses. PARSAC – REMIF Merge: The Redwood Empire Municipal Insurance Fund (REMIF) is a public entity pool representing 15 small to medium sized cities/towns. It was formed in 1976 with a mission to provide workers’ compensation coverage in response to increasing and unaffordable commercial rates. Coverage was expanded in the mid-1980s to include liability coverage and other services. Other lines of coverage have been added since that time, which are outlined further below. The Public Agency Risk Sharing Authority of California (PARSAC) is a public entity pool representing 34 small to medium sized cities/towns and one fire district. It was formed in 1986 with a mission to provide liability coverage in response to the insurance crisis that eliminated commercial coverage for cities. Coverage was expanded in 1990 to include workers’ compensation coverage and other services. Other lines of coverage have been added since that time, which are outlined further below. PARSAC and REMIF provide a pooled liability program, pooled workers’ compensation program, and coverage for group purchased property, Board of Directors public officials’ errors and omissions, auto physical damage, special events, fidelity bonds, cyber liability and other ancillary benefits. REMIF has a pooled medical/health program. Through PARSAC’s fiscally conservative approach, their liability and workers’ compensation programs are funded in excess of the 90% confidence level. Both pools focus on managing and maintaining a financially stable risk sharing pool for members, and the board of directors have a conservative funding and investment philosophy. They share a similar philosophy to embrace diverse opinions, have discussions that are constructive and collaborative, encourage participation from the members, balance member interests with those of the pool and work together towards a greater good. Both pools also share a similar culture in that the pool is member owned, member governed, member driven and exists to serve its members. The organizations are also similar in that they serve small to medium sized cities/towns, and share a similar footprint in Northern California, while PARSAC has presence throughout the State. A comparison matrix of the lines of coverage and services offered by both pools are attached to this staff report. Given the similarities between the two agencies, REMIF and PARSAC explored a strategic partnership, which ultimately led to a proposed merger between the two organizations. Rather than one pool merging into the other, the Board of Directors for the pools directed the creation of a new pool (called the California Intergovernmental Risk Sharing Authority or CIRA). There will be great benefits in sharing resources, sharing expenses and drawing on strengths. Benefits also include succession planning, more robust, stable programs, shared training resources, long term program sustainability, and eliminating redundancies. While a merger 12.2 Packet Pg. 241 City of Menifee Staff Report City Insurance Coverage December 2, 2020 Page 5 of 5 could have realized savings to the members of both pools, the intent of a merger between PARSAC and REMIF is to have long term stability, sustainability and adding depth and breadth to the agencies, with the singular goal of better serving our members. After over a year of in-depth analysis of such a merger, the Board of Directors for both pools directed the merger of the organizations, effective 07/01/21, creating a new pool, CIRA. STAFF DIRECTION Staff is seeking direction from Council on the following options to explore or proceed with joining another public agency insurance pool: 1. Remain in the CIRA insurance pool until June 2023 and obtain insurance rates from the other carriers. 2. Submit a notice of termination to PARSAC indicating that the City will not join the CIRA pool and submit applications to both PERMA and Cal JPIA with the anticipation that a larger insurance pool is anticipated to yield lower rates. 3. Other direction. Attached are the information submittals from Cal JPIA and PERMA, as well as information on the merge of PARSAC and REMIF to form CIRA. FISCAL IMPACT The financial impact is unknown at this time. ATTACHMENTS 1. PARSAC Merge - CIRA Matrix 2. PARSAC Merge - CIRA FAQs 3. Cal JPIA Information Submittal 4. PERMA Information Submittal 12.2 Packet Pg. 242 Page 3 of 4 Lines of coverage PARSAC REMIF Liability Employment Practices Liability Automobile Liability Property Damage (3rd party) Workers’ Compensation Auto Physical Damage Public Official Errors and Omissions Property Damage (for members’ property) Special Events Coverage Fidelity Bond Employee Benefits (dental, vision, LTD, life) Medical benefits (actives, retirees) Services Offered PARSAC REMIF Safety Program Grants Consultation and referral services Customized risk management presentations Video and print resource library Regional and onsite risk management training Web-based OSHA safety courses In person OSHA safety courses Web-based employment practices courses On site risk assessments Post-accident assistance and mitigation Operational Best Practices Templates CIRA Matrix - PARSAC & REMIF Coverage/Services 12.2.a Packet Pg. 243 Attachment: PARSAC Merge - CIRA Matrix (2750 : City Insurance Coverage) Page 4 of 4 Lexipol Fire and LE Consultation with employment law firms Liebert Cassidy Whitmore (LCW) Consortium Membership DMV pull program DOT Drug Screening Program Defensive Driver Training Pre-employment physicals 12.2.a Packet Pg. 244 Attachment: PARSAC Merge - CIRA Matrix (2750 : City Insurance Coverage) Who is the other organization that we are merging with? We are forming a partnership with the Redwood Empire Municipal Insurance Fund (REMIF). REMIF is a pool of 15 cities located throughout five counties in Sonoma, Napa, Lake, Mendocino and Humboldt. REMIF offers self-funded general and auto liability, employment liability, workers’ compensation, and health programs. A majority of REMIF members are full-service cities providing police and/or fire services. REMIF’s total payroll is $131 million. Why are we merging organizations? The pooling industry has dramatically changed throughout the past decade. Some pools have dissolved due to retirement of key personnel, inability to remain fiscally solvent and have absorbed by larger organizations. The industry has also become very competitive with pools competing for new members in a finite market. Larger organizations may leverage their assets to offer short term rates reductions, programs and services to attract new members; while smaller organizations, such as PARSAC and REMIF, are somewhat vulnerable to these aggressive marketing campaigns. The merger of our organizations will strengthen the pool. It will lead to long term stability and sustainability as we will be able to spread risks and operating costs to a larger base of members. Bigger is not always better. However, when pooling risks, bigger is generally better as there are more members to share losses. The financial impact due to a series of adverse loss years will be diminished because our larger size. A larger membership base will also result in more predictable funding and reserving forecasts (with more available data), which reduces the likelihood of future assessments. Finally, it will ultimately result in lower operating costs. Consolidating operations will eliminate redundancies, achieve economies of scale, improve service deliver, and we will be in better position to leverage our larger size for better services, rates and coverage with service providers and excess insurers. What is the name of the new organization? The new organization will be the California Intergovernmental Risk Authority (CIRA). What is the effective date for CIRA? It is proposed CIRA will begin to provide coverage and services to its members July 1, 2021. CIRA FAQs 12.2.b Packet Pg. 245 Attachment: PARSAC Merge - CIRA FAQs (2750 : City Insurance Coverage) Will my agency have representation on the CIRA Board? Yes, each member will be represented by one Board Director and one Alternate Director. Each member will have one vote. What will be the role of the Board? The duties of the CIRA Board will be very similar to the current PARSAC Board. CIRA Board members will adopt the budget, approve new members, approve dividends and assessments, approve new programs and services, elect officers, etc. Will the Executive Committee composition remain the same? No, the Executive Committee will expand from 11 to 13. For the first two election cycles, former REMIF members will occupy at least 5 Committee seats. At least one of these seats will be an officer position (President, Vice President, Treasurer, Auditor Controller). Committee members will be elected to serve a two-year term. How many Board meeting will there be and where will they be located? There will be two semiannual Board meetings each year. Although not yet determined, it is very likely Board meeting will continue to be held in Sacramento and will be held in May and December How long is my agency committed to CIRA membership? Existing PARSAC and REMIF members must participate for two fiscal years. New CIRA members may withdraw after 5 years. Will there be any staffing changes? The staffs of both organizations will be combined. Although there will not be any positions eliminated, job duties and assignments may be reassigned to achieve efficiency and improve service delivery. What happens to my agency’s equity in liability and workers’ compensation programs? PARSAC program equity and assets will not transfer to CIRA. Each organization will retain their respective equity and liability pre-merger. We will continue to determine equity through the retrospective premium adjustment process annually. PARSAC members will determine, independently, how and when pre-merger equity is ultimately returned. 12.2.b Packet Pg. 246 Attachment: PARSAC Merge - CIRA FAQs (2750 : City Insurance Coverage) Will my existing claims transfer to CIRA? No, claims with incident dates prior to the merger (June 30, 2021 or before) will remain with each organization. Each organization will determine, independently, how those claims are concluded. What will happen to my agency’s grant funds? Grants funds allocated to your agency will remain with you. You may continue to use your grant funds once we become CIRA. Will there be any change in coverage? We will continue to offer the same coverages as currently provided, general liability, employment liability, workers’ compensation, property, crime/employee dishonesty, special events, etc. We are currently analyzing excess providers for general liability, workers’ compensation, and employment liability programs, and exploring alternative property coverage which will provide broader coverage and potentially lower costs. In the coming months, the analysis will be presented to the Transition Committee for review. In addition, REMIF offers a self-funded health program and this will be available to PARSAC members. How will the merger affect my annual program premium contributions? We will be allocating fixed costs to more members and this will reduce overall administration costs. Funding rates will be more stable (in the long term) as the predictive value of our loss data become more credible with a larger membership base. The actuary will complete his funding analysis later this year. Although there will be normal contribution adjustments due to changes in members’ payroll and loss experience, our goal is to limit rate changes to no more than +/- 10% due to the merger. Where will the CIRA office be located? The CIRA office will be based out of our current PARSAC location. REMIF will continue to maintain and provide certain pre-merger programs and services through its Sonoma office, as well as house some CIRA employees. The operating expenses for both buildings relating to CIRA’s self-funded and insured programs (liability, workers’ compensation, property, etc.) will be allocated to all CIRA members. Will PARSAC members be able to participate in REMIF’s self-funded health program? Yes, PARSAC members will eligible to participate in this program if they meet all qualifying underwriting standards. 12.2.b Packet Pg. 247 Attachment: PARSAC Merge - CIRA FAQs (2750 : City Insurance Coverage) 12.2.b Packet Pg. 248 Attachment: PARSAC Merge - CIRA FAQs (2750 : City Insurance Coverage) 12.2.c Packet Pg. 249 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 250 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 251 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 252 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 253 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 254 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 255 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 256 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 257 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 258 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 259 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 260 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 261 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 262 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 263 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 264 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 265 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 266 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 267 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 268 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 269 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 270 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 271 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 272 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 273 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 274 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 275 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 276 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 277 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 278 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 279 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 280 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 281 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 282 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 283 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 284 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 285 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.c Packet Pg. 286 Attachment: Cal JPIA Information Submittal (2750 : City Insurance Coverage) 12.2.d Packet Pg. 287 Attachment: PERMA Information Submittal (2750 : City Insurance Coverage) 12.2.d Packet Pg. 288 Attachment: PERMA Information Submittal (2750 : City Insurance Coverage) 12.2.d Packet Pg. 289 Attachment: PERMA Information Submittal (2750 : City Insurance Coverage) 12.2.d Packet Pg. 290 Attachment: PERMA Information Submittal (2750 : City Insurance Coverage) 12.2.d Packet Pg. 291 Attachment: PERMA Information Submittal (2750 : City Insurance Coverage) 12.2.d Packet Pg. 292 Attachment: PERMA Information Submittal (2750 : City Insurance Coverage)