2021-04-21 City Council Regular MEETING - Agenda PacketCity Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Matthew Liesemeyer, District
2
Lesa Sobek, District 3
Dean Deines, District 4 AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, April 21, 2021
5:30 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Sarah A. Manwaring, City Clerk
AS A RESULT OF THE COVID19 VIRUS, 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, LIMITED INPERSON ATTENDANCE IS CURRENTLY
PERMITTED SUBJECT TO APPLICABLE LOCAL HEALTH RESTRICTIONS, INCLUDING
MANDATORY MASKS/FACE COVERINGS AND PHYSICAL DISTANCING OF AT LEAST SIX
FEET.
WATCHING LIVE VIA YOUTUBE: If you would like to watch the meeting live from home,
please visit the City’s webpage at https://cityofmenifee.us/agendas and click on the YouTube
icon . Please note the YouTube icon will only appear once the meeting has started.
THE COUNCIL CHAMBERS CAN ONLY ACCOMMODATE A LIMITED NUMBER OF PEOPLE
WHILE OBSERVING SOCIAL DISTANCING REGULATIONS. PLEASE SEE THE INFORMATION
BELOW FOR RESERVING A SEAT AND/OR REGISTERING TO MAKE A PUBLIC COMMENT.
ATTENDING THE MEETING IN PERSON: Council Chambers Limited Seating Now
Available
1. Reserved Seating: Prior to the meeting, sign up to ensure a seat in the Council Chambers.
Email the City Clerk at smanwaring@cityofmenifee.us and let staff know the meeting in which
you would like to reserve a seat. Reservations cannot be made prior to agenda posting.
2. NonReserved Seating: Seating available on a first come, first serve basis. The public may
begin lining up 30 minutes prior to the start of the meeting.
PUBLIC COMMENTS:
1. Inperson: Sign up with staff at City Hall on the day of the meeting to provide public comment.
The Clerk will call your name during the item(s) which you wish to speak on.
2. Virtual: Email publiccomments@cityofmenifee.us and include your name and the item(s) you
wish to speak on. The City will provide the means by which you may join the meeting virtually
and provide your public comment.
CLOSED SESSION (5:30 PM)
1.CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 336380019; 336380061
Agency Negotiators: City Manager Armando Villa; Assistant City Manager Jeff
Wyman; Deputy City Manager Rochelle Clayton
Negotiating Parties: New Hub Properties, LLC and Hub Enterprises
Under Negotiation: Price and terms of Payment.
2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 336380060
Agency Negotiators: City Manager Armando Villa; Assistant City Manager Jeff
Wyman; Deputy City Manager Rochelle Clayton
Negotiating Parties: Ueber Haun 1, LLC
Under Negotiation: Price and terms of Payment.
REGULAR MEETING (6:00 PM)
1.CALL TO ORDER
2.ROLL CALL
3. WORDS OF INSPIRATION
3.1.Pastor Gregory Perkins – The View Church
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1.Streetlight Project Presentation
5.2.Business Spotlight – Chute Systems
6.AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the
agenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendized
matters at the time such comments are made. Each speaker will be limited to three minutes on any
single item. For more information on how to participate in the meeting please visit the City’s webpage
at https://www.cityofmenifee.us/agendas.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 April 7, 2021 City Council Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember
requests a separate action on a specific item on the Consent Calendar. If an item is removed from the
Consent Calendar, it will be discussed individually and acted upon separately.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and
provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 3/26/2021, the Payroll Register/Other
EFT’s dated 3/31/2021, 4/2/2021 and the Void Check Listing PE 3/31/2021
which have a total budgetary impact of $2,509,722.51.
10.3 Treasurer's Report, February 2021
RECOMMENDED ACTION
1. Approve the Treasurer’s Report for February 2021.
10.4 Community Project Funding Clarifying Resolution
RECOMMENDED ACTION
1. Adopt a Resolution authorizing and supporting the submission of three (3)
Community Project Funding request applications to the Office of Congressman
Ken Calvert, which includes Capital Improvement Plan (CIP) Projects CIP 13
04 Bradley Road Bridge over Salt Creek, CIP 2001 Scott Road / Bundy
Canyon Road Widening, and Axon InCar Cameras for the Menifee Police
Department (PD) Patrol Vehicles.
10.5 Resolutions of Intention to Form Community Facilities District No. 20211, Banner
Park
RECOMMENDED ACTION
1. Adopt a Resolution of Intention to establish Community Facilities District No.
20211 (Banner Park) of the City of Menifee, located east of Lindenberger Road,
north of Domenigoni Parkway and west of Briggs Road, to authorize the levy of
a special tax to pay the costs of acquiring or constructing certain facilities and
to pay debt service on bonded indebtedness; and
2. Adopt a Resolution to incur bonded indebtedness in an amount nottoexceed
$17,000,000 within proposed Community Facilities District No. 20211 (Banner
Park) of the City of Menifee.
10.6 Intention to Annex Tract Map Nos. 321021 and 32102 to Community Facilities District
No. 20171, Annexation No. 8
RECOMMENDED ACTION
1. Accept the Petition of Pulte Home Company, LLC and Diamond Brother Five
Partnership, LP for Tract Map Nos. 321021 and 32102, Banner Park by Pulte
Home Company and Diamond Brothers Five Partnership located east of
Lindenberger Road, north of Domenigoni Parkway and west of Briggs Road, to
annex into Community Facilities District No. 20171 (Maintenance Services)
(“CFD No. 20171” or “CFD”) as Annexation Area No. 8; and
2. Adopt a Resolution of Intention to add Annexation Area No. 8 into CFD No.
20171, to authorize the levy of special tax therein to finance certain
maintenance services, and to set a public hearing for June 2, 2021.
10.7 Dokken Engineering Agreement for the McCall Boulevard & I215 Interchange Project
(CIP 1401)
RECOMMENDED ACTION
1. Approve a Professional Services Agreement with Dokken Engineering in an
amount nottoexceed $3,209,188 to provide Project Approval and
Environmental Documents (PA&ED) and Plans, Specifications and Estimates
(PS&E) for the McCall Boulevard & I215 Interchange Project (CIP 1401); and,
2. Authorize City Manager to execute Professional Services Agreement with
Dokken Engineering for CIP 1401 PA&ED; and, Authorize City Manager to
execute contract amendment(s) up to 10%, or $320,919, if determined
necessary, and contingent on the availability of funds; and,
3. Adopt Budget Adjustment Resolutions appropriating $356,958 from Fund 526
(DIF Citywide Circulation) and appropriating $2,152,230 from Fund 310 (TUMF).
10.8 Design Agreement with CannonDesign for the New Fire Station No. 5, Capital
Improvement Project No. 2104
RECOMMENDED ACTION
1. Approve and execute a Professional Services Agreement with CannonDesign
for Architectural and Engineering Design Services for the New Fire Station No.
5, CIP 2104, in the amount nottoexceed $612,347, and
2. Authorize the City Manager to execute change order(s) for additional
unanticipated expenditures required to execute the design of the project, in an
amount nottoexceed 10% of the contract amount or $61,230.
10.9 Improvement Acceptance and Notice of Completion for Hillpointe Resurfacing Project,
Capital Improvement Project No. 2112
RECOMMENDED ACTION
1. Accept the Improvements for Hillpointe Resurfacing Project, Capital
Improvement Project (CIP) No. 2112, and
2. Authorize the City Clerk’s Office to file the Notice of Completion for Hillpointe
Resurfacing Project, CIP 2112 with Riverside County Recorder’s Office.
10.10 Tract 301421 Street and Drainage Bond Release, Water and Sewer 90% Bond
Reduction
RECOMMENDED ACTION
1. Accept Public Improvements and approve the 90% bond reduction for
Backbone Water and Sewer Improvements in Tract 301421, Hidden Hills by
KB Homes located east of Evans Road and north of Garbani Road, which is a
51.4 grass acre singlefamily residential development, and
2. Accept Public Improvements and approve the Warranty bond release for
Backbone Street and Drainage Improvements in Tract 301421, and
3. Accept Public Improvements and approve the 10% Warranty bond release for
InTract Street and Drainage and Water and Sewer Improvements in Tract
301421.
10.11 Second Reading and Adoption of an Ordinance Approving the Western Riverside
County Multiple Species Habitat Conservation Plan
RECOMMENDED ACTION
1. Second Reading and Adoption of an Ordinance, repealing County Ordinance
No. 810.2 for the Western Riverside County Multiple Species Habitat
Conservation Plan.
10.12 Senate Bill 314 (Senator Weiner) Support Letter
RECOMMENDED ACTION
1. Approve the support letter for Senate Bill 314 (Senator Wiener), also known as
the Bar and Restaurant Recovery Act.
11. PUBLIC HEARING ITEMS NONE
12. DISCUSSION ITEMS
12.1 City Council Recognition Policy
RECOMMENDED ACTION
1. Review and adopt the City Council Recognition Policy.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)
Target Date: 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 of DIF and Assess Park Allocations (Liesemeyer, June 17, 2020)
Target Date: TBD
> Discuss hunting regulations within the City (Zimmerman, December 2, 2020)
Target Date: TBD
> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer, February
17, 2021)
Target Date: June 2021
> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)
Target Date: 2022
> Discuss Public Safety Committee Reports (Deines, March 17, 2021)
Target Date: TBD
> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)
Target Date: TBD
16.ADJOURN
Menifee Mayor and City Council April 21,2021
Page 1 of 367
City Council Chambers29844 Haun RoadMenifee, CA 92586Bill Zimmerman, MayorBob Karwin, District 1Matthew Liesemeyer, District2 Lesa Sobek, District 3 Dean Deines, District 4 AGENDA Menifee City Council Regular Meeting AgendaWednesday, April 21, 20215:30 PM Closed Session6:00 PM Regular MeetingArmando G. Villa, City ManagerJeffrey T. Melching, City AttorneySarah A. Manwaring, City ClerkAS A RESULT OF THE COVID19 VIRUS, RESULTING ORDERS AND DIRECTION FROM THEPRESIDENT OF THE UNITED STATES, THE GOVERNOR OF THE STATE OF CALIFORNIA,AND THE RIVERSIDE COUNTY PUBLIC HEALTH DEPARTMENT, AS WELL AS THE CITY OFMENIFEE EMERGENCY DECLARATION, LIMITED INPERSON ATTENDANCE IS CURRENTLYPERMITTED SUBJECT TO APPLICABLE LOCAL HEALTH RESTRICTIONS, INCLUDINGMANDATORY MASKS/FACE COVERINGS AND PHYSICAL DISTANCING OF AT LEAST SIXFEET.WATCHING LIVE VIA YOUTUBE: If you would like to watch the meeting live from home,please visit the City’s webpage at https://cityofmenifee.us/agendas and click on the YouTubeicon. Please note the YouTube icon will only appear once the meeting has started. THE COUNCIL CHAMBERS CAN ONLY ACCOMMODATE A LIMITED NUMBER OF PEOPLEWHILE OBSERVING SOCIAL DISTANCING REGULATIONS. PLEASE SEE THE INFORMATIONBELOW FOR RESERVING A SEAT AND/OR REGISTERING TO MAKE A PUBLIC COMMENT. ATTENDING THE MEETING IN PERSON: Council Chambers Limited Seating NowAvailable1. Reserved Seating: Prior to the meeting, sign up to ensure a seat in the Council Chambers.Email the City Clerk at smanwaring@cityofmenifee.us and let staff know the meeting in whichyou would like to reserve a seat. Reservations cannot be made prior to agenda posting.2. NonReserved Seating: Seating available on a first come, first serve basis. The public maybegin lining up 30 minutes prior to the start of the meeting.PUBLIC COMMENTS:1. Inperson: Sign up with staff at City Hall on the day of the meeting to provide public comment.The Clerk will call your name during the item(s) which you wish to speak on.
2. Virtual: Email publiccomments@cityofmenifee.us and include your name and the item(s) you
wish to speak on. The City will provide the means by which you may join the meeting virtually
and provide your public comment.
CLOSED SESSION (5:30 PM)
1.CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 336380019; 336380061
Agency Negotiators: City Manager Armando Villa; Assistant City Manager Jeff
Wyman; Deputy City Manager Rochelle Clayton
Negotiating Parties: New Hub Properties, LLC and Hub Enterprises
Under Negotiation: Price and terms of Payment.
2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 336380060
Agency Negotiators: City Manager Armando Villa; Assistant City Manager Jeff
Wyman; Deputy City Manager Rochelle Clayton
Negotiating Parties: Ueber Haun 1, LLC
Under Negotiation: Price and terms of Payment.
REGULAR MEETING (6:00 PM)
1.CALL TO ORDER
2.ROLL CALL
3. WORDS OF INSPIRATION
3.1.Pastor Gregory Perkins – The View Church
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1.Streetlight Project Presentation
5.2.Business Spotlight – Chute Systems
6.AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the
agenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendized
matters at the time such comments are made. Each speaker will be limited to three minutes on any
single item. For more information on how to participate in the meeting please visit the City’s webpage
at https://www.cityofmenifee.us/agendas.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 April 7, 2021 City Council Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember
requests a separate action on a specific item on the Consent Calendar. If an item is removed from the
Consent Calendar, it will be discussed individually and acted upon separately.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and
provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 3/26/2021, the Payroll Register/Other
EFT’s dated 3/31/2021, 4/2/2021 and the Void Check Listing PE 3/31/2021
which have a total budgetary impact of $2,509,722.51.
10.3 Treasurer's Report, February 2021
RECOMMENDED ACTION
1. Approve the Treasurer’s Report for February 2021.
10.4 Community Project Funding Clarifying Resolution
RECOMMENDED ACTION
1. Adopt a Resolution authorizing and supporting the submission of three (3)
Community Project Funding request applications to the Office of Congressman
Ken Calvert, which includes Capital Improvement Plan (CIP) Projects CIP 13
04 Bradley Road Bridge over Salt Creek, CIP 2001 Scott Road / Bundy
Canyon Road Widening, and Axon InCar Cameras for the Menifee Police
Department (PD) Patrol Vehicles.
10.5 Resolutions of Intention to Form Community Facilities District No. 20211, Banner
Park
RECOMMENDED ACTION
1. Adopt a Resolution of Intention to establish Community Facilities District No.
20211 (Banner Park) of the City of Menifee, located east of Lindenberger Road,
north of Domenigoni Parkway and west of Briggs Road, to authorize the levy of
a special tax to pay the costs of acquiring or constructing certain facilities and
to pay debt service on bonded indebtedness; and
2. Adopt a Resolution to incur bonded indebtedness in an amount nottoexceed
$17,000,000 within proposed Community Facilities District No. 20211 (Banner
Park) of the City of Menifee.
10.6 Intention to Annex Tract Map Nos. 321021 and 32102 to Community Facilities District
No. 20171, Annexation No. 8
RECOMMENDED ACTION
1. Accept the Petition of Pulte Home Company, LLC and Diamond Brother Five
Partnership, LP for Tract Map Nos. 321021 and 32102, Banner Park by Pulte
Home Company and Diamond Brothers Five Partnership located east of
Lindenberger Road, north of Domenigoni Parkway and west of Briggs Road, to
annex into Community Facilities District No. 20171 (Maintenance Services)
(“CFD No. 20171” or “CFD”) as Annexation Area No. 8; and
2. Adopt a Resolution of Intention to add Annexation Area No. 8 into CFD No.
20171, to authorize the levy of special tax therein to finance certain
maintenance services, and to set a public hearing for June 2, 2021.
10.7 Dokken Engineering Agreement for the McCall Boulevard & I215 Interchange Project
(CIP 1401)
RECOMMENDED ACTION
1. Approve a Professional Services Agreement with Dokken Engineering in an
amount nottoexceed $3,209,188 to provide Project Approval and
Environmental Documents (PA&ED) and Plans, Specifications and Estimates
(PS&E) for the McCall Boulevard & I215 Interchange Project (CIP 1401); and,
2. Authorize City Manager to execute Professional Services Agreement with
Dokken Engineering for CIP 1401 PA&ED; and, Authorize City Manager to
execute contract amendment(s) up to 10%, or $320,919, if determined
necessary, and contingent on the availability of funds; and,
3. Adopt Budget Adjustment Resolutions appropriating $356,958 from Fund 526
(DIF Citywide Circulation) and appropriating $2,152,230 from Fund 310 (TUMF).
10.8 Design Agreement with CannonDesign for the New Fire Station No. 5, Capital
Improvement Project No. 2104
RECOMMENDED ACTION
1. Approve and execute a Professional Services Agreement with CannonDesign
for Architectural and Engineering Design Services for the New Fire Station No.
5, CIP 2104, in the amount nottoexceed $612,347, and
2. Authorize the City Manager to execute change order(s) for additional
unanticipated expenditures required to execute the design of the project, in an
amount nottoexceed 10% of the contract amount or $61,230.
10.9 Improvement Acceptance and Notice of Completion for Hillpointe Resurfacing Project,
Capital Improvement Project No. 2112
RECOMMENDED ACTION
1. Accept the Improvements for Hillpointe Resurfacing Project, Capital
Improvement Project (CIP) No. 2112, and
2. Authorize the City Clerk’s Office to file the Notice of Completion for Hillpointe
Resurfacing Project, CIP 2112 with Riverside County Recorder’s Office.
10.10 Tract 301421 Street and Drainage Bond Release, Water and Sewer 90% Bond
Reduction
RECOMMENDED ACTION
1. Accept Public Improvements and approve the 90% bond reduction for
Backbone Water and Sewer Improvements in Tract 301421, Hidden Hills by
KB Homes located east of Evans Road and north of Garbani Road, which is a
51.4 grass acre singlefamily residential development, and
2. Accept Public Improvements and approve the Warranty bond release for
Backbone Street and Drainage Improvements in Tract 301421, and
3. Accept Public Improvements and approve the 10% Warranty bond release for
InTract Street and Drainage and Water and Sewer Improvements in Tract
301421.
10.11 Second Reading and Adoption of an Ordinance Approving the Western Riverside
County Multiple Species Habitat Conservation Plan
RECOMMENDED ACTION
1. Second Reading and Adoption of an Ordinance, repealing County Ordinance
No. 810.2 for the Western Riverside County Multiple Species Habitat
Conservation Plan.
10.12 Senate Bill 314 (Senator Weiner) Support Letter
RECOMMENDED ACTION
1. Approve the support letter for Senate Bill 314 (Senator Wiener), also known as
the Bar and Restaurant Recovery Act.
11. PUBLIC HEARING ITEMS NONE
12. DISCUSSION ITEMS
12.1 City Council Recognition Policy
RECOMMENDED ACTION
1. Review and adopt the City Council Recognition Policy.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)
Target Date: 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 of DIF and Assess Park Allocations (Liesemeyer, June 17, 2020)
Target Date: TBD
> Discuss hunting regulations within the City (Zimmerman, December 2, 2020)
Target Date: TBD
> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer, February
17, 2021)
Target Date: June 2021
> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)
Target Date: 2022
> Discuss Public Safety Committee Reports (Deines, March 17, 2021)
Target Date: TBD
> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)
Target Date: TBD
16.ADJOURN
Menifee Mayor and City Council April 21,2021
Page 2 of 367
City Council Chambers29844 Haun RoadMenifee, CA 92586Bill Zimmerman, MayorBob Karwin, District 1Matthew Liesemeyer, District2 Lesa Sobek, District 3 Dean Deines, District 4 AGENDA Menifee City Council Regular Meeting AgendaWednesday, April 21, 20215:30 PM Closed Session6:00 PM Regular MeetingArmando G. Villa, City ManagerJeffrey T. Melching, City AttorneySarah A. Manwaring, City ClerkAS A RESULT OF THE COVID19 VIRUS, RESULTING ORDERS AND DIRECTION FROM THEPRESIDENT OF THE UNITED STATES, THE GOVERNOR OF THE STATE OF CALIFORNIA,AND THE RIVERSIDE COUNTY PUBLIC HEALTH DEPARTMENT, AS WELL AS THE CITY OFMENIFEE EMERGENCY DECLARATION, LIMITED INPERSON ATTENDANCE IS CURRENTLYPERMITTED SUBJECT TO APPLICABLE LOCAL HEALTH RESTRICTIONS, INCLUDINGMANDATORY MASKS/FACE COVERINGS AND PHYSICAL DISTANCING OF AT LEAST SIXFEET.WATCHING LIVE VIA YOUTUBE: If you would like to watch the meeting live from home,please visit the City’s webpage at https://cityofmenifee.us/agendas and click on the YouTubeicon. Please note the YouTube icon will only appear once the meeting has started. THE COUNCIL CHAMBERS CAN ONLY ACCOMMODATE A LIMITED NUMBER OF PEOPLEWHILE OBSERVING SOCIAL DISTANCING REGULATIONS. PLEASE SEE THE INFORMATIONBELOW FOR RESERVING A SEAT AND/OR REGISTERING TO MAKE A PUBLIC COMMENT. ATTENDING THE MEETING IN PERSON: Council Chambers Limited Seating NowAvailable1. Reserved Seating: Prior to the meeting, sign up to ensure a seat in the Council Chambers.Email the City Clerk at smanwaring@cityofmenifee.us and let staff know the meeting in whichyou would like to reserve a seat. Reservations cannot be made prior to agenda posting.2. NonReserved Seating: Seating available on a first come, first serve basis. The public maybegin lining up 30 minutes prior to the start of the meeting.PUBLIC COMMENTS:1. Inperson: Sign up with staff at City Hall on the day of the meeting to provide public comment.The Clerk will call your name during the item(s) which you wish to speak on. 2. Virtual: Email publiccomments@cityofmenifee.us and include your name and the item(s) youwish to speak on. The City will provide the means by which you may join the meeting virtuallyand provide your public comment. CLOSED SESSION (5:30 PM)1.CONFERENCE WITH REAL PROPERTY NEGOTIATORSGovernment Code Section 54956.8Property: 336380019; 336380061Agency Negotiators: City Manager Armando Villa; Assistant City Manager JeffWyman; Deputy City Manager Rochelle ClaytonNegotiating Parties: New Hub Properties, LLC and Hub EnterprisesUnder Negotiation: Price and terms of Payment.2.CONFERENCE WITH REAL PROPERTY NEGOTIATORSGovernment Code Section 54956.8Property: 336380060Agency Negotiators: City Manager Armando Villa; Assistant City Manager JeffWyman; Deputy City Manager Rochelle ClaytonNegotiating Parties: Ueber Haun 1, LLCUnder Negotiation: Price and terms of Payment.REGULAR MEETING (6:00 PM)1.CALL TO ORDER 2.ROLL CALL 3. WORDS OF INSPIRATION 3.1.Pastor Gregory Perkins – The View Church 4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS 5.1.Streetlight Project Presentation5.2.Business Spotlight – Chute Systems6.AGENDA APPROVAL OR MODIFICATIONS 7. PUBLIC COMMENTS (NONAGENDA ITEMS)This is the time for members of the public to address the Council about items which are NOT listed on the
agenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendized
matters at the time such comments are made. Each speaker will be limited to three minutes on any
single item. For more information on how to participate in the meeting please visit the City’s webpage
at https://www.cityofmenifee.us/agendas.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 April 7, 2021 City Council Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember
requests a separate action on a specific item on the Consent Calendar. If an item is removed from the
Consent Calendar, it will be discussed individually and acted upon separately.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and
provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 3/26/2021, the Payroll Register/Other
EFT’s dated 3/31/2021, 4/2/2021 and the Void Check Listing PE 3/31/2021
which have a total budgetary impact of $2,509,722.51.
10.3 Treasurer's Report, February 2021
RECOMMENDED ACTION
1. Approve the Treasurer’s Report for February 2021.
10.4 Community Project Funding Clarifying Resolution
RECOMMENDED ACTION
1. Adopt a Resolution authorizing and supporting the submission of three (3)
Community Project Funding request applications to the Office of Congressman
Ken Calvert, which includes Capital Improvement Plan (CIP) Projects CIP 13
04 Bradley Road Bridge over Salt Creek, CIP 2001 Scott Road / Bundy
Canyon Road Widening, and Axon InCar Cameras for the Menifee Police
Department (PD) Patrol Vehicles.
10.5 Resolutions of Intention to Form Community Facilities District No. 20211, Banner
Park
RECOMMENDED ACTION
1. Adopt a Resolution of Intention to establish Community Facilities District No.
20211 (Banner Park) of the City of Menifee, located east of Lindenberger Road,
north of Domenigoni Parkway and west of Briggs Road, to authorize the levy of
a special tax to pay the costs of acquiring or constructing certain facilities and
to pay debt service on bonded indebtedness; and
2. Adopt a Resolution to incur bonded indebtedness in an amount nottoexceed
$17,000,000 within proposed Community Facilities District No. 20211 (Banner
Park) of the City of Menifee.
10.6 Intention to Annex Tract Map Nos. 321021 and 32102 to Community Facilities District
No. 20171, Annexation No. 8
RECOMMENDED ACTION
1. Accept the Petition of Pulte Home Company, LLC and Diamond Brother Five
Partnership, LP for Tract Map Nos. 321021 and 32102, Banner Park by Pulte
Home Company and Diamond Brothers Five Partnership located east of
Lindenberger Road, north of Domenigoni Parkway and west of Briggs Road, to
annex into Community Facilities District No. 20171 (Maintenance Services)
(“CFD No. 20171” or “CFD”) as Annexation Area No. 8; and
2. Adopt a Resolution of Intention to add Annexation Area No. 8 into CFD No.
20171, to authorize the levy of special tax therein to finance certain
maintenance services, and to set a public hearing for June 2, 2021.
10.7 Dokken Engineering Agreement for the McCall Boulevard & I215 Interchange Project
(CIP 1401)
RECOMMENDED ACTION
1. Approve a Professional Services Agreement with Dokken Engineering in an
amount nottoexceed $3,209,188 to provide Project Approval and
Environmental Documents (PA&ED) and Plans, Specifications and Estimates
(PS&E) for the McCall Boulevard & I215 Interchange Project (CIP 1401); and,
2. Authorize City Manager to execute Professional Services Agreement with
Dokken Engineering for CIP 1401 PA&ED; and, Authorize City Manager to
execute contract amendment(s) up to 10%, or $320,919, if determined
necessary, and contingent on the availability of funds; and,
3. Adopt Budget Adjustment Resolutions appropriating $356,958 from Fund 526
(DIF Citywide Circulation) and appropriating $2,152,230 from Fund 310 (TUMF).
10.8 Design Agreement with CannonDesign for the New Fire Station No. 5, Capital
Improvement Project No. 2104
RECOMMENDED ACTION
1. Approve and execute a Professional Services Agreement with CannonDesign
for Architectural and Engineering Design Services for the New Fire Station No.
5, CIP 2104, in the amount nottoexceed $612,347, and
2. Authorize the City Manager to execute change order(s) for additional
unanticipated expenditures required to execute the design of the project, in an
amount nottoexceed 10% of the contract amount or $61,230.
10.9 Improvement Acceptance and Notice of Completion for Hillpointe Resurfacing Project,
Capital Improvement Project No. 2112
RECOMMENDED ACTION
1. Accept the Improvements for Hillpointe Resurfacing Project, Capital
Improvement Project (CIP) No. 2112, and
2. Authorize the City Clerk’s Office to file the Notice of Completion for Hillpointe
Resurfacing Project, CIP 2112 with Riverside County Recorder’s Office.
10.10 Tract 301421 Street and Drainage Bond Release, Water and Sewer 90% Bond
Reduction
RECOMMENDED ACTION
1. Accept Public Improvements and approve the 90% bond reduction for
Backbone Water and Sewer Improvements in Tract 301421, Hidden Hills by
KB Homes located east of Evans Road and north of Garbani Road, which is a
51.4 grass acre singlefamily residential development, and
2. Accept Public Improvements and approve the Warranty bond release for
Backbone Street and Drainage Improvements in Tract 301421, and
3. Accept Public Improvements and approve the 10% Warranty bond release for
InTract Street and Drainage and Water and Sewer Improvements in Tract
301421.
10.11 Second Reading and Adoption of an Ordinance Approving the Western Riverside
County Multiple Species Habitat Conservation Plan
RECOMMENDED ACTION
1. Second Reading and Adoption of an Ordinance, repealing County Ordinance
No. 810.2 for the Western Riverside County Multiple Species Habitat
Conservation Plan.
10.12 Senate Bill 314 (Senator Weiner) Support Letter
RECOMMENDED ACTION
1. Approve the support letter for Senate Bill 314 (Senator Wiener), also known as
the Bar and Restaurant Recovery Act.
11. PUBLIC HEARING ITEMS NONE
12. DISCUSSION ITEMS
12.1 City Council Recognition Policy
RECOMMENDED ACTION
1. Review and adopt the City Council Recognition Policy.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)
Target Date: 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 of DIF and Assess Park Allocations (Liesemeyer, June 17, 2020)
Target Date: TBD
> Discuss hunting regulations within the City (Zimmerman, December 2, 2020)
Target Date: TBD
> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer, February
17, 2021)
Target Date: June 2021
> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)
Target Date: 2022
> Discuss Public Safety Committee Reports (Deines, March 17, 2021)
Target Date: TBD
> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)
Target Date: TBD
16.ADJOURN
Menifee Mayor and City Council April 21,2021
Page 3 of 367
City Council Chambers29844 Haun RoadMenifee, CA 92586Bill Zimmerman, MayorBob Karwin, District 1Matthew Liesemeyer, District2 Lesa Sobek, District 3 Dean Deines, District 4 AGENDA Menifee City Council Regular Meeting AgendaWednesday, April 21, 20215:30 PM Closed Session6:00 PM Regular MeetingArmando G. Villa, City ManagerJeffrey T. Melching, City AttorneySarah A. Manwaring, City ClerkAS A RESULT OF THE COVID19 VIRUS, RESULTING ORDERS AND DIRECTION FROM THEPRESIDENT OF THE UNITED STATES, THE GOVERNOR OF THE STATE OF CALIFORNIA,AND THE RIVERSIDE COUNTY PUBLIC HEALTH DEPARTMENT, AS WELL AS THE CITY OFMENIFEE EMERGENCY DECLARATION, LIMITED INPERSON ATTENDANCE IS CURRENTLYPERMITTED SUBJECT TO APPLICABLE LOCAL HEALTH RESTRICTIONS, INCLUDINGMANDATORY MASKS/FACE COVERINGS AND PHYSICAL DISTANCING OF AT LEAST SIXFEET.WATCHING LIVE VIA YOUTUBE: If you would like to watch the meeting live from home,please visit the City’s webpage at https://cityofmenifee.us/agendas and click on the YouTubeicon. Please note the YouTube icon will only appear once the meeting has started. THE COUNCIL CHAMBERS CAN ONLY ACCOMMODATE A LIMITED NUMBER OF PEOPLEWHILE OBSERVING SOCIAL DISTANCING REGULATIONS. PLEASE SEE THE INFORMATIONBELOW FOR RESERVING A SEAT AND/OR REGISTERING TO MAKE A PUBLIC COMMENT. ATTENDING THE MEETING IN PERSON: Council Chambers Limited Seating NowAvailable1. Reserved Seating: Prior to the meeting, sign up to ensure a seat in the Council Chambers.Email the City Clerk at smanwaring@cityofmenifee.us and let staff know the meeting in whichyou would like to reserve a seat. Reservations cannot be made prior to agenda posting.2. NonReserved Seating: Seating available on a first come, first serve basis. The public maybegin lining up 30 minutes prior to the start of the meeting.PUBLIC COMMENTS:1. Inperson: Sign up with staff at City Hall on the day of the meeting to provide public comment.The Clerk will call your name during the item(s) which you wish to speak on. 2. Virtual: Email publiccomments@cityofmenifee.us and include your name and the item(s) youwish to speak on. The City will provide the means by which you may join the meeting virtuallyand provide your public comment. CLOSED SESSION (5:30 PM)1.CONFERENCE WITH REAL PROPERTY NEGOTIATORSGovernment Code Section 54956.8Property: 336380019; 336380061Agency Negotiators: City Manager Armando Villa; Assistant City Manager JeffWyman; Deputy City Manager Rochelle ClaytonNegotiating Parties: New Hub Properties, LLC and Hub EnterprisesUnder Negotiation: Price and terms of Payment.2.CONFERENCE WITH REAL PROPERTY NEGOTIATORSGovernment Code Section 54956.8Property: 336380060Agency Negotiators: City Manager Armando Villa; Assistant City Manager JeffWyman; Deputy City Manager Rochelle ClaytonNegotiating Parties: Ueber Haun 1, LLCUnder Negotiation: Price and terms of Payment.REGULAR MEETING (6:00 PM)1.CALL TO ORDER 2.ROLL CALL 3. WORDS OF INSPIRATION 3.1.Pastor Gregory Perkins – The View Church 4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS 5.1.Streetlight Project Presentation5.2.Business Spotlight – Chute Systems6.AGENDA APPROVAL OR MODIFICATIONS 7. PUBLIC COMMENTS (NONAGENDA ITEMS)This is the time for members of the public to address the Council about items which are NOT listed on theagenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendizedmatters at the time such comments are made. Each speaker will be limited to three minutes on anysingle item. For more information on how to participate in the meeting please visit the City’s webpageat https://www.cityofmenifee.us/agendas. 8. COUNCILMEMBER UPDATES AND COMMENTS 9. APPROVAL OF MINUTES 9.1 April 7, 2021 City Council Minutes10. CONSENT CALENDAR All matters on the Consent Calendar are to be approved in one motion unless a Councilmemberrequests a separate action on a specific item on the Consent Calendar. If an item is removed from theConsent Calendar, it will be discussed individually and acted upon separately.10.1 Waiver of ReadingRECOMMENDED ACTION1. Waive the reading in full of any and all Ordinances listed on this agenda andprovide that they be read by title only.10.2 Warrant RegisterRECOMMENDED ACTION1. Ratify and approve the Voucher List dated 3/26/2021, the Payroll Register/OtherEFT’s dated 3/31/2021, 4/2/2021 and the Void Check Listing PE 3/31/2021which have a total budgetary impact of $2,509,722.51.10.3 Treasurer's Report, February 2021RECOMMENDED ACTION1. Approve the Treasurer’s Report for February 2021.10.4 Community Project Funding Clarifying ResolutionRECOMMENDED ACTION1. Adopt a Resolution authorizing and supporting the submission of three (3)Community Project Funding request applications to the Office of CongressmanKen Calvert, which includes Capital Improvement Plan (CIP) Projects CIP 1304 Bradley Road Bridge over Salt Creek, CIP 2001 Scott Road / BundyCanyon Road Widening, and Axon InCar Cameras for the Menifee PoliceDepartment (PD) Patrol Vehicles.10.5 Resolutions of Intention to Form Community Facilities District No. 20211, BannerParkRECOMMENDED ACTION
1. Adopt a Resolution of Intention to establish Community Facilities District No.
20211 (Banner Park) of the City of Menifee, located east of Lindenberger Road,
north of Domenigoni Parkway and west of Briggs Road, to authorize the levy of
a special tax to pay the costs of acquiring or constructing certain facilities and
to pay debt service on bonded indebtedness; and
2. Adopt a Resolution to incur bonded indebtedness in an amount nottoexceed
$17,000,000 within proposed Community Facilities District No. 20211 (Banner
Park) of the City of Menifee.
10.6 Intention to Annex Tract Map Nos. 321021 and 32102 to Community Facilities District
No. 20171, Annexation No. 8
RECOMMENDED ACTION
1. Accept the Petition of Pulte Home Company, LLC and Diamond Brother Five
Partnership, LP for Tract Map Nos. 321021 and 32102, Banner Park by Pulte
Home Company and Diamond Brothers Five Partnership located east of
Lindenberger Road, north of Domenigoni Parkway and west of Briggs Road, to
annex into Community Facilities District No. 20171 (Maintenance Services)
(“CFD No. 20171” or “CFD”) as Annexation Area No. 8; and
2. Adopt a Resolution of Intention to add Annexation Area No. 8 into CFD No.
20171, to authorize the levy of special tax therein to finance certain
maintenance services, and to set a public hearing for June 2, 2021.
10.7 Dokken Engineering Agreement for the McCall Boulevard & I215 Interchange Project
(CIP 1401)
RECOMMENDED ACTION
1. Approve a Professional Services Agreement with Dokken Engineering in an
amount nottoexceed $3,209,188 to provide Project Approval and
Environmental Documents (PA&ED) and Plans, Specifications and Estimates
(PS&E) for the McCall Boulevard & I215 Interchange Project (CIP 1401); and,
2. Authorize City Manager to execute Professional Services Agreement with
Dokken Engineering for CIP 1401 PA&ED; and, Authorize City Manager to
execute contract amendment(s) up to 10%, or $320,919, if determined
necessary, and contingent on the availability of funds; and,
3. Adopt Budget Adjustment Resolutions appropriating $356,958 from Fund 526
(DIF Citywide Circulation) and appropriating $2,152,230 from Fund 310 (TUMF).
10.8 Design Agreement with CannonDesign for the New Fire Station No. 5, Capital
Improvement Project No. 2104
RECOMMENDED ACTION
1. Approve and execute a Professional Services Agreement with CannonDesign
for Architectural and Engineering Design Services for the New Fire Station No.
5, CIP 2104, in the amount nottoexceed $612,347, and
2. Authorize the City Manager to execute change order(s) for additional
unanticipated expenditures required to execute the design of the project, in an
amount nottoexceed 10% of the contract amount or $61,230.
10.9 Improvement Acceptance and Notice of Completion for Hillpointe Resurfacing Project,
Capital Improvement Project No. 2112
RECOMMENDED ACTION
1. Accept the Improvements for Hillpointe Resurfacing Project, Capital
Improvement Project (CIP) No. 2112, and
2. Authorize the City Clerk’s Office to file the Notice of Completion for Hillpointe
Resurfacing Project, CIP 2112 with Riverside County Recorder’s Office.
10.10 Tract 301421 Street and Drainage Bond Release, Water and Sewer 90% Bond
Reduction
RECOMMENDED ACTION
1. Accept Public Improvements and approve the 90% bond reduction for
Backbone Water and Sewer Improvements in Tract 301421, Hidden Hills by
KB Homes located east of Evans Road and north of Garbani Road, which is a
51.4 grass acre singlefamily residential development, and
2. Accept Public Improvements and approve the Warranty bond release for
Backbone Street and Drainage Improvements in Tract 301421, and
3. Accept Public Improvements and approve the 10% Warranty bond release for
InTract Street and Drainage and Water and Sewer Improvements in Tract
301421.
10.11 Second Reading and Adoption of an Ordinance Approving the Western Riverside
County Multiple Species Habitat Conservation Plan
RECOMMENDED ACTION
1. Second Reading and Adoption of an Ordinance, repealing County Ordinance
No. 810.2 for the Western Riverside County Multiple Species Habitat
Conservation Plan.
10.12 Senate Bill 314 (Senator Weiner) Support Letter
RECOMMENDED ACTION
1. Approve the support letter for Senate Bill 314 (Senator Wiener), also known as
the Bar and Restaurant Recovery Act.
11. PUBLIC HEARING ITEMS NONE
12. DISCUSSION ITEMS
12.1 City Council Recognition Policy
RECOMMENDED ACTION
1. Review and adopt the City Council Recognition Policy.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)
Target Date: 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 of DIF and Assess Park Allocations (Liesemeyer, June 17, 2020)
Target Date: TBD
> Discuss hunting regulations within the City (Zimmerman, December 2, 2020)
Target Date: TBD
> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer, February
17, 2021)
Target Date: June 2021
> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)
Target Date: 2022
> Discuss Public Safety Committee Reports (Deines, March 17, 2021)
Target Date: TBD
> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)
Target Date: TBD
16.ADJOURN
Menifee Mayor and City Council April 21,2021
Page 4 of 367
City Council Chambers29844 Haun RoadMenifee, CA 92586Bill Zimmerman, MayorBob Karwin, District 1Matthew Liesemeyer, District2 Lesa Sobek, District 3 Dean Deines, District 4 AGENDA Menifee City Council Regular Meeting AgendaWednesday, April 21, 20215:30 PM Closed Session6:00 PM Regular MeetingArmando G. Villa, City ManagerJeffrey T. Melching, City AttorneySarah A. Manwaring, City ClerkAS A RESULT OF THE COVID19 VIRUS, RESULTING ORDERS AND DIRECTION FROM THEPRESIDENT OF THE UNITED STATES, THE GOVERNOR OF THE STATE OF CALIFORNIA,AND THE RIVERSIDE COUNTY PUBLIC HEALTH DEPARTMENT, AS WELL AS THE CITY OFMENIFEE EMERGENCY DECLARATION, LIMITED INPERSON ATTENDANCE IS CURRENTLYPERMITTED SUBJECT TO APPLICABLE LOCAL HEALTH RESTRICTIONS, INCLUDINGMANDATORY MASKS/FACE COVERINGS AND PHYSICAL DISTANCING OF AT LEAST SIXFEET.WATCHING LIVE VIA YOUTUBE: If you would like to watch the meeting live from home,please visit the City’s webpage at https://cityofmenifee.us/agendas and click on the YouTubeicon. Please note the YouTube icon will only appear once the meeting has started. THE COUNCIL CHAMBERS CAN ONLY ACCOMMODATE A LIMITED NUMBER OF PEOPLEWHILE OBSERVING SOCIAL DISTANCING REGULATIONS. PLEASE SEE THE INFORMATIONBELOW FOR RESERVING A SEAT AND/OR REGISTERING TO MAKE A PUBLIC COMMENT. ATTENDING THE MEETING IN PERSON: Council Chambers Limited Seating NowAvailable1. Reserved Seating: Prior to the meeting, sign up to ensure a seat in the Council Chambers.Email the City Clerk at smanwaring@cityofmenifee.us and let staff know the meeting in whichyou would like to reserve a seat. Reservations cannot be made prior to agenda posting.2. NonReserved Seating: Seating available on a first come, first serve basis. The public maybegin lining up 30 minutes prior to the start of the meeting.PUBLIC COMMENTS:1. Inperson: Sign up with staff at City Hall on the day of the meeting to provide public comment.The Clerk will call your name during the item(s) which you wish to speak on. 2. Virtual: Email publiccomments@cityofmenifee.us and include your name and the item(s) youwish to speak on. The City will provide the means by which you may join the meeting virtuallyand provide your public comment. CLOSED SESSION (5:30 PM)1.CONFERENCE WITH REAL PROPERTY NEGOTIATORSGovernment Code Section 54956.8Property: 336380019; 336380061Agency Negotiators: City Manager Armando Villa; Assistant City Manager JeffWyman; Deputy City Manager Rochelle ClaytonNegotiating Parties: New Hub Properties, LLC and Hub EnterprisesUnder Negotiation: Price and terms of Payment.2.CONFERENCE WITH REAL PROPERTY NEGOTIATORSGovernment Code Section 54956.8Property: 336380060Agency Negotiators: City Manager Armando Villa; Assistant City Manager JeffWyman; Deputy City Manager Rochelle ClaytonNegotiating Parties: Ueber Haun 1, LLCUnder Negotiation: Price and terms of Payment.REGULAR MEETING (6:00 PM)1.CALL TO ORDER 2.ROLL CALL 3. WORDS OF INSPIRATION 3.1.Pastor Gregory Perkins – The View Church 4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS 5.1.Streetlight Project Presentation5.2.Business Spotlight – Chute Systems6.AGENDA APPROVAL OR MODIFICATIONS 7. PUBLIC COMMENTS (NONAGENDA ITEMS)This is the time for members of the public to address the Council about items which are NOT listed on theagenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendizedmatters at the time such comments are made. Each speaker will be limited to three minutes on anysingle item. For more information on how to participate in the meeting please visit the City’s webpageat https://www.cityofmenifee.us/agendas. 8. COUNCILMEMBER UPDATES AND COMMENTS 9. APPROVAL OF MINUTES 9.1 April 7, 2021 City Council Minutes10. CONSENT CALENDAR All matters on the Consent Calendar are to be approved in one motion unless a Councilmemberrequests a separate action on a specific item on the Consent Calendar. If an item is removed from theConsent Calendar, it will be discussed individually and acted upon separately.10.1 Waiver of ReadingRECOMMENDED ACTION1. Waive the reading in full of any and all Ordinances listed on this agenda andprovide that they be read by title only.10.2 Warrant RegisterRECOMMENDED ACTION1. Ratify and approve the Voucher List dated 3/26/2021, the Payroll Register/OtherEFT’s dated 3/31/2021, 4/2/2021 and the Void Check Listing PE 3/31/2021which have a total budgetary impact of $2,509,722.51.10.3 Treasurer's Report, February 2021RECOMMENDED ACTION1. Approve the Treasurer’s Report for February 2021.10.4 Community Project Funding Clarifying ResolutionRECOMMENDED ACTION1. Adopt a Resolution authorizing and supporting the submission of three (3)Community Project Funding request applications to the Office of CongressmanKen Calvert, which includes Capital Improvement Plan (CIP) Projects CIP 1304 Bradley Road Bridge over Salt Creek, CIP 2001 Scott Road / BundyCanyon Road Widening, and Axon InCar Cameras for the Menifee PoliceDepartment (PD) Patrol Vehicles.10.5 Resolutions of Intention to Form Community Facilities District No. 20211, BannerParkRECOMMENDED ACTION1. Adopt a Resolution of Intention to establish Community Facilities District No.20211 (Banner Park) of the City of Menifee, located east of Lindenberger Road,north of Domenigoni Parkway and west of Briggs Road, to authorize the levy ofa special tax to pay the costs of acquiring or constructing certain facilities andto pay debt service on bonded indebtedness; and2. Adopt a Resolution to incur bonded indebtedness in an amount nottoexceed$17,000,000 within proposed Community Facilities District No. 20211 (BannerPark) of the City of Menifee.10.6 Intention to Annex Tract Map Nos. 321021 and 32102 to Community Facilities DistrictNo. 20171, Annexation No. 8RECOMMENDED ACTION1. Accept the Petition of Pulte Home Company, LLC and Diamond Brother FivePartnership, LP for Tract Map Nos. 321021 and 32102, Banner Park by PulteHome Company and Diamond Brothers Five Partnership located east ofLindenberger Road, north of Domenigoni Parkway and west of Briggs Road, toannex into Community Facilities District No. 20171 (Maintenance Services)(“CFD No. 20171” or “CFD”) as Annexation Area No. 8; and2. Adopt a Resolution of Intention to add Annexation Area No. 8 into CFD No.20171, to authorize the levy of special tax therein to finance certainmaintenance services, and to set a public hearing for June 2, 2021.10.7 Dokken Engineering Agreement for the McCall Boulevard & I215 Interchange Project(CIP 1401)RECOMMENDED ACTION1. Approve a Professional Services Agreement with Dokken Engineering in anamount nottoexceed $3,209,188 to provide Project Approval andEnvironmental Documents (PA&ED) and Plans, Specifications and Estimates(PS&E) for the McCall Boulevard & I215 Interchange Project (CIP 1401); and,2. Authorize City Manager to execute Professional Services Agreement withDokken Engineering for CIP 1401 PA&ED; and, Authorize City Manager toexecute contract amendment(s) up to 10%, or $320,919, if determinednecessary, and contingent on the availability of funds; and,3. Adopt Budget Adjustment Resolutions appropriating $356,958 from Fund 526(DIF Citywide Circulation) and appropriating $2,152,230 from Fund 310 (TUMF).10.8 Design Agreement with CannonDesign for the New Fire Station No. 5, CapitalImprovement Project No. 2104RECOMMENDED ACTION1. Approve and execute a Professional Services Agreement with CannonDesignfor Architectural and Engineering Design Services for the New Fire Station No.5, CIP 2104, in the amount nottoexceed $612,347, and2. Authorize the City Manager to execute change order(s) for additional
unanticipated expenditures required to execute the design of the project, in an
amount nottoexceed 10% of the contract amount or $61,230.
10.9 Improvement Acceptance and Notice of Completion for Hillpointe Resurfacing Project,
Capital Improvement Project No. 2112
RECOMMENDED ACTION
1. Accept the Improvements for Hillpointe Resurfacing Project, Capital
Improvement Project (CIP) No. 2112, and
2. Authorize the City Clerk’s Office to file the Notice of Completion for Hillpointe
Resurfacing Project, CIP 2112 with Riverside County Recorder’s Office.
10.10 Tract 301421 Street and Drainage Bond Release, Water and Sewer 90% Bond
Reduction
RECOMMENDED ACTION
1. Accept Public Improvements and approve the 90% bond reduction for
Backbone Water and Sewer Improvements in Tract 301421, Hidden Hills by
KB Homes located east of Evans Road and north of Garbani Road, which is a
51.4 grass acre singlefamily residential development, and
2. Accept Public Improvements and approve the Warranty bond release for
Backbone Street and Drainage Improvements in Tract 301421, and
3. Accept Public Improvements and approve the 10% Warranty bond release for
InTract Street and Drainage and Water and Sewer Improvements in Tract
301421.
10.11 Second Reading and Adoption of an Ordinance Approving the Western Riverside
County Multiple Species Habitat Conservation Plan
RECOMMENDED ACTION
1. Second Reading and Adoption of an Ordinance, repealing County Ordinance
No. 810.2 for the Western Riverside County Multiple Species Habitat
Conservation Plan.
10.12 Senate Bill 314 (Senator Weiner) Support Letter
RECOMMENDED ACTION
1. Approve the support letter for Senate Bill 314 (Senator Wiener), also known as
the Bar and Restaurant Recovery Act.
11. PUBLIC HEARING ITEMS NONE
12. DISCUSSION ITEMS
12.1 City Council Recognition Policy
RECOMMENDED ACTION
1. Review and adopt the City Council Recognition Policy.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)
Target Date: 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 of DIF and Assess Park Allocations (Liesemeyer, June 17, 2020)
Target Date: TBD
> Discuss hunting regulations within the City (Zimmerman, December 2, 2020)
Target Date: TBD
> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer, February
17, 2021)
Target Date: June 2021
> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)
Target Date: 2022
> Discuss Public Safety Committee Reports (Deines, March 17, 2021)
Target Date: TBD
> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)
Target Date: TBD
16.ADJOURN
Menifee Mayor and City Council April 21,2021
Page 5 of 367
City Council Chambers29844 Haun RoadMenifee, CA 92586Bill Zimmerman, MayorBob Karwin, District 1Matthew Liesemeyer, District2 Lesa Sobek, District 3 Dean Deines, District 4 AGENDA Menifee City Council Regular Meeting AgendaWednesday, April 21, 20215:30 PM Closed Session6:00 PM Regular MeetingArmando G. Villa, City ManagerJeffrey T. Melching, City AttorneySarah A. Manwaring, City ClerkAS A RESULT OF THE COVID19 VIRUS, RESULTING ORDERS AND DIRECTION FROM THEPRESIDENT OF THE UNITED STATES, THE GOVERNOR OF THE STATE OF CALIFORNIA,AND THE RIVERSIDE COUNTY PUBLIC HEALTH DEPARTMENT, AS WELL AS THE CITY OFMENIFEE EMERGENCY DECLARATION, LIMITED INPERSON ATTENDANCE IS CURRENTLYPERMITTED SUBJECT TO APPLICABLE LOCAL HEALTH RESTRICTIONS, INCLUDINGMANDATORY MASKS/FACE COVERINGS AND PHYSICAL DISTANCING OF AT LEAST SIXFEET.WATCHING LIVE VIA YOUTUBE: If you would like to watch the meeting live from home,please visit the City’s webpage at https://cityofmenifee.us/agendas and click on the YouTubeicon. Please note the YouTube icon will only appear once the meeting has started. THE COUNCIL CHAMBERS CAN ONLY ACCOMMODATE A LIMITED NUMBER OF PEOPLEWHILE OBSERVING SOCIAL DISTANCING REGULATIONS. PLEASE SEE THE INFORMATIONBELOW FOR RESERVING A SEAT AND/OR REGISTERING TO MAKE A PUBLIC COMMENT. ATTENDING THE MEETING IN PERSON: Council Chambers Limited Seating NowAvailable1. Reserved Seating: Prior to the meeting, sign up to ensure a seat in the Council Chambers.Email the City Clerk at smanwaring@cityofmenifee.us and let staff know the meeting in whichyou would like to reserve a seat. Reservations cannot be made prior to agenda posting.2. NonReserved Seating: Seating available on a first come, first serve basis. The public maybegin lining up 30 minutes prior to the start of the meeting.PUBLIC COMMENTS:1. Inperson: Sign up with staff at City Hall on the day of the meeting to provide public comment.The Clerk will call your name during the item(s) which you wish to speak on. 2. Virtual: Email publiccomments@cityofmenifee.us and include your name and the item(s) youwish to speak on. The City will provide the means by which you may join the meeting virtuallyand provide your public comment. CLOSED SESSION (5:30 PM)1.CONFERENCE WITH REAL PROPERTY NEGOTIATORSGovernment Code Section 54956.8Property: 336380019; 336380061Agency Negotiators: City Manager Armando Villa; Assistant City Manager JeffWyman; Deputy City Manager Rochelle ClaytonNegotiating Parties: New Hub Properties, LLC and Hub EnterprisesUnder Negotiation: Price and terms of Payment.2.CONFERENCE WITH REAL PROPERTY NEGOTIATORSGovernment Code Section 54956.8Property: 336380060Agency Negotiators: City Manager Armando Villa; Assistant City Manager JeffWyman; Deputy City Manager Rochelle ClaytonNegotiating Parties: Ueber Haun 1, LLCUnder Negotiation: Price and terms of Payment.REGULAR MEETING (6:00 PM)1.CALL TO ORDER 2.ROLL CALL 3. WORDS OF INSPIRATION 3.1.Pastor Gregory Perkins – The View Church 4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS 5.1.Streetlight Project Presentation5.2.Business Spotlight – Chute Systems6.AGENDA APPROVAL OR MODIFICATIONS 7. PUBLIC COMMENTS (NONAGENDA ITEMS)This is the time for members of the public to address the Council about items which are NOT listed on theagenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendizedmatters at the time such comments are made. Each speaker will be limited to three minutes on anysingle item. For more information on how to participate in the meeting please visit the City’s webpageat https://www.cityofmenifee.us/agendas. 8. COUNCILMEMBER UPDATES AND COMMENTS 9. APPROVAL OF MINUTES 9.1 April 7, 2021 City Council Minutes10. CONSENT CALENDAR All matters on the Consent Calendar are to be approved in one motion unless a Councilmemberrequests a separate action on a specific item on the Consent Calendar. If an item is removed from theConsent Calendar, it will be discussed individually and acted upon separately.10.1 Waiver of ReadingRECOMMENDED ACTION1. Waive the reading in full of any and all Ordinances listed on this agenda andprovide that they be read by title only.10.2 Warrant RegisterRECOMMENDED ACTION1. Ratify and approve the Voucher List dated 3/26/2021, the Payroll Register/OtherEFT’s dated 3/31/2021, 4/2/2021 and the Void Check Listing PE 3/31/2021which have a total budgetary impact of $2,509,722.51.10.3 Treasurer's Report, February 2021RECOMMENDED ACTION1. Approve the Treasurer’s Report for February 2021.10.4 Community Project Funding Clarifying ResolutionRECOMMENDED ACTION1. Adopt a Resolution authorizing and supporting the submission of three (3)Community Project Funding request applications to the Office of CongressmanKen Calvert, which includes Capital Improvement Plan (CIP) Projects CIP 1304 Bradley Road Bridge over Salt Creek, CIP 2001 Scott Road / BundyCanyon Road Widening, and Axon InCar Cameras for the Menifee PoliceDepartment (PD) Patrol Vehicles.10.5 Resolutions of Intention to Form Community Facilities District No. 20211, BannerParkRECOMMENDED ACTION1. Adopt a Resolution of Intention to establish Community Facilities District No.20211 (Banner Park) of the City of Menifee, located east of Lindenberger Road,north of Domenigoni Parkway and west of Briggs Road, to authorize the levy ofa special tax to pay the costs of acquiring or constructing certain facilities andto pay debt service on bonded indebtedness; and2. Adopt a Resolution to incur bonded indebtedness in an amount nottoexceed$17,000,000 within proposed Community Facilities District No. 20211 (BannerPark) of the City of Menifee.10.6 Intention to Annex Tract Map Nos. 321021 and 32102 to Community Facilities DistrictNo. 20171, Annexation No. 8RECOMMENDED ACTION1. Accept the Petition of Pulte Home Company, LLC and Diamond Brother FivePartnership, LP for Tract Map Nos. 321021 and 32102, Banner Park by PulteHome Company and Diamond Brothers Five Partnership located east ofLindenberger Road, north of Domenigoni Parkway and west of Briggs Road, toannex into Community Facilities District No. 20171 (Maintenance Services)(“CFD No. 20171” or “CFD”) as Annexation Area No. 8; and2. Adopt a Resolution of Intention to add Annexation Area No. 8 into CFD No.20171, to authorize the levy of special tax therein to finance certainmaintenance services, and to set a public hearing for June 2, 2021.10.7 Dokken Engineering Agreement for the McCall Boulevard & I215 Interchange Project(CIP 1401)RECOMMENDED ACTION1. Approve a Professional Services Agreement with Dokken Engineering in anamount nottoexceed $3,209,188 to provide Project Approval andEnvironmental Documents (PA&ED) and Plans, Specifications and Estimates(PS&E) for the McCall Boulevard & I215 Interchange Project (CIP 1401); and,2. Authorize City Manager to execute Professional Services Agreement withDokken Engineering for CIP 1401 PA&ED; and, Authorize City Manager toexecute contract amendment(s) up to 10%, or $320,919, if determinednecessary, and contingent on the availability of funds; and,3. Adopt Budget Adjustment Resolutions appropriating $356,958 from Fund 526(DIF Citywide Circulation) and appropriating $2,152,230 from Fund 310 (TUMF).10.8 Design Agreement with CannonDesign for the New Fire Station No. 5, CapitalImprovement Project No. 2104RECOMMENDED ACTION1. Approve and execute a Professional Services Agreement with CannonDesignfor Architectural and Engineering Design Services for the New Fire Station No.5, CIP 2104, in the amount nottoexceed $612,347, and2. Authorize the City Manager to execute change order(s) for additionalunanticipated expenditures required to execute the design of the project, in anamount nottoexceed 10% of the contract amount or $61,230.10.9 Improvement Acceptance and Notice of Completion for Hillpointe Resurfacing Project,Capital Improvement Project No. 2112RECOMMENDED ACTION1. Accept the Improvements for Hillpointe Resurfacing Project, CapitalImprovement Project (CIP) No. 2112, and2. Authorize the City Clerk’s Office to file the Notice of Completion for HillpointeResurfacing Project, CIP 2112 with Riverside County Recorder’s Office.10.10 Tract 301421 Street and Drainage Bond Release, Water and Sewer 90% BondReductionRECOMMENDED ACTION1. Accept Public Improvements and approve the 90% bond reduction forBackbone Water and Sewer Improvements in Tract 301421, Hidden Hills byKB Homes located east of Evans Road and north of Garbani Road, which is a51.4 grass acre singlefamily residential development, and2. Accept Public Improvements and approve the Warranty bond release forBackbone Street and Drainage Improvements in Tract 301421, and3. Accept Public Improvements and approve the 10% Warranty bond release forInTract Street and Drainage and Water and Sewer Improvements in Tract301421.10.11 Second Reading and Adoption of an Ordinance Approving the Western RiversideCounty Multiple Species Habitat Conservation PlanRECOMMENDED ACTION1. Second Reading and Adoption of an Ordinance, repealing County OrdinanceNo. 810.2 for the Western Riverside County Multiple Species HabitatConservation Plan.10.12 Senate Bill 314 (Senator Weiner) Support LetterRECOMMENDED ACTION1. Approve the support letter for Senate Bill 314 (Senator Wiener), also known asthe Bar and Restaurant Recovery Act.11. PUBLIC HEARING ITEMS NONE 12. DISCUSSION ITEMS 12.1 City Council Recognition Policy
RECOMMENDED ACTION
1. Review and adopt the City Council Recognition Policy.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Discuss strategy to address phaseout of illegal uses (Liesemeyer, July 18, 2018)
Target Date: 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 of DIF and Assess Park Allocations (Liesemeyer, June 17, 2020)
Target Date: TBD
> Discuss hunting regulations within the City (Zimmerman, December 2, 2020)
Target Date: TBD
> Discuss Cooperative Agreement with Canyon Lake for Fire Services (Liesemeyer, February
17, 2021)
Target Date: June 2021
> Discuss City Event for Welcome Home Vietnam Veterans Day (Deines, February 17, 2021)
Target Date: 2022
> Discuss Public Safety Committee Reports (Deines, March 17, 2021)
Target Date: TBD
> Discuss Standard 10% Agreement Contingency (Liesemeyer, April 7, 2021)
Target Date: TBD
16.ADJOURN
Menifee Mayor and City Council April 21,2021
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City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Matthew Liesemeyer, District 2
Lesa Sobek, District 3
Dean Deines, District 4 MINUTES
Menifee City Council
Regular Meeting Minutes
Wednesday, April 07, 2021
5:30 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Sarah A. Manwaring, City Clerk
CLOSED SESSION (5:30 PM)
Mayor Zimmerman called Closed Session to order at 5:32 PM. Present were Councilmembers
Deines, Liesemeyer, Mayor Pro Tem Sobek, and Mayor Zimmerman. Councilmember Karwin
was absent. There were no public comments. The City Council recessed to Closed Session for
the reasons noted below.
1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 BTS
Sun City LLC v City of Menifee, et al.
Riverside County Superior Court Case No. MCC2000437
2.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) Section 54956.9 BTS
Sun City LLC v City of Menifee, et al.
Riverside County Superior Court Case No. MCC2000444
3.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Paragraph (1) of subdivision d) of Section 54956.9 BTS
Sun City LLC v City of Menifee, et al.
Riverside County Superior Court Case No. MCC2000445
REGULAR MEETING (6:00 PM)
1.CALL TO ORDER
Mayor Zimmerman called the meeting to order at 6:01 PM. City Attorney Jeffrey Melching
stated there was no reportable action from Closed Session.
2.ROLL CALL
Present: Dean Deines, Matthew Liesemeyer, Lesa Sobek, Bill Zimmerman
Absent: Bob Karwin
3.WORDS OF INSPIRATION
Mayor Pro Tem Sobek provided the Words of Inspiration.
Item Title:9.1 April 7,2021 City Council Minutes
Item Page Number:1
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4.PLEDGE OF ALLEGIANCE
Councilmember Liesemeyer led the flag salute.
5.PRESENTATIONS
5.1 COVID-19 Update – City Reopening Plan
Risk Manager Robert Cardenas provided a presentation and reported on the
proposed City Hall reopening date of April 12, 2021; State of California tier system;
neighboring cities opening status; goals of the reopening plan; City milestones; hours
of operation for City Hall, Police Department lobby, and the Community Services
Department; public meetings; reducing risk; and successfully navigating challenges.
The City Council asked questions of staff regarding Community Services operations,
seating and attendance during public meetings, the full reopening plan, State
requirements, senior meal plan, and City Hall appointments and inside capacity.
5.2 Distracted Driving Awareness Month Proclamation
City Manager Armando Villa introduced Public Information Officer Dominique Samario
and Police Sergeant Matt Bloch. Ms. Samario provided a presentation and reported on
the background and history of Distracted Driving Awareness Month; what is distracted
driving; proclamation of distracted driving month; and key facts and statistics.
Sergeant Bloch reported on the City of Menifee specific facts related to distracted
driving; combating distracted driving; and the Proclamation presented by the City
Council.
Ms. Samario reported on the steps the City would take to advertise Distracted Driving
Awareness Month.
5.3 PD K9 Introduction and Demonstration
Menifee Police Lieutenant Abigail Valle introduced herself and Menifee’s K9 Unit dogs,
Dino and Emmy, and K9 handlers, Officers Quincy Mercado and Kevin Brooks. The
officers reported on the K9 Program and provided a demonstration.
The City Council asked questions regarding K9 training and use of Dino and Emmy in
the field.
6.AGENDA APPROVAL OR MODIFICATIONS
The agenda was approved unanimously (4-0-1) with no modifications.
7.PUBLIC COMMENTS (NONAGENDA ITEMS)
Public Commenter Taylor Sharkey stated his concerns on the Krikorian Movie Theater location.
City Manager Armando Villa said staff would follow up to answer his questions.
Item Title:9.1 April 7,2021 City Council Minutes
Item Page Number:2
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8.COUNCILMEMBER UPDATES AND COMMENTS
Councilmember Deines reported on the meeting and event he attended.
Lazy Creek Groundbreaking
Riverside Transit Authority (RTA) Board Meeting.
Mayor Pro Tem Sobek reported on the meetings and events she attended.
2021 State of the Region
Lazy Creek Groundbreaking
Western Riverside Council of Governments (WRCOG) Women’s History Month Panel
Western Riverside Conservation Authority (RCA)
Menifee Interfaith Meeting
The Lakes Homeowner Association (HOA) Meeting
Mayor Pro Tem Sobek provided her condolences to all who have lost someone due to Covid-
19.
Mayor Pro Tem Sobek Stated that Menifee Better Together event would take place on April 24,
2021 and the National Day of Prayer would be held on May 6, 2021 from 11:00 AM to 12:00
PM.
Mayor Zimmerman reported on the meetings and events he attended.
Menifee Emergency Operations Center (EOC) Meeting
Rotary Club Meeting
Tour of City with Menifee Chamber of Commerce CEO, Maneesha Jones
Citywide Spring Cleanup
Western Riverside Council Programs and Projects (WRCPP) Committee Meeting
Menifee Union School District Council Advisory Meeting
Mt. San Jacinto College (MSJC) Stadium Groundbreaking
Pathways Adult Life Skills (PALS) Program
Virtual Class Visit at Herk Bouris Elementary School
Lazy Creek Groundbreaking
Ribbon Cutting at Jasper in Audie Murphy Ranch
Centennial Park Easter Egg Hunt
Funeral Procession for Ed Husted
Regional Homeless Collaboration Forum
Kay Ceniseros Senior Center Spring Fest Drive Through
Mayor Zimmerman stated he would be attending a Meeting the Leaders Forum at the Sun City
Civic Association on April 10, 2021.
Item Title:9.1 April 7,2021 City Council Minutes
Item Page Number:3
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9.APPROVAL OF MINUTES
9.1 March 15, 2021 City Council Special Meeting Minutes
9.2 March 17, 2021 City Council Meeting Minutes
The City Council approved the minutes unanimously (4-0-1) with no modifications.
10.CONSENT CALENDAR
Mayor Zimmerman requested to pull Item No. 10.5 and Councilmember Liesemeyer
requested to pull Item No. 10.6 for further discussion.
10.1 Waiver of Reading
ACTION:
Adopted as Part of Consent.
1.Waived the reading in full of any and all Ordinances listed on this agenda and
provided that they be read by title only.
MOVER: Matthew Liesemeyer
SECONDER: Bill Zimmerman
AYES: Deines, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
ABSENT: Karwin
10.2 Warrant Register
ACTION:
Adopted as Part of Consent.
1.Ratified and approved the Voucher List dated 3/12/2021, the Payroll Register/Other
EFT’s dated 3/2/2021, 3/4/2021, 3/5/2021, 3/15/2021, 3/16/2021, 3/18/2021 and
3/19/2021 which had a total budgetary impact of $7,070,421.93.
MOVER: Matthew Liesemeyer
SECONDER: Bill Zimmerman
AYES: Deines, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
ABSENT: Karwin
10.3 Annual Audit Services Agreement
ACTION:
Adopted as Part of Consent.
1.Awarded Professional Services Agreement to Rogers, Anderson, Malody & Scott,
LLP (“RAMS”) in the amount not-to-exceed of $145,440 for Professional Audit
Services for FY2020/21, FY21/22, and FY22/23, and;
Item Title:9.1 April 7,2021 City Council Minutes
Item Page Number:4
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2.Authorized the City Manager to execute the corresponding Professional Services
Agreement for the FY20/21 thru FY22/23 period and execute two additional one-
year contracts amendments, at the City’s discretion, in the aggregate amount not-
to-exceed $99,920, for Professional Audit Services for the FY2023/24 and
FY2024/25 period.
MOVER: Matthew Liesemeyer
SECONDER: Bill Zimmerman
AYES: Deines, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
ABSENT: Karwin
10.4 Donation for K9 Program
ACTION:
Adopted as Part of Consent.
1.Adopted Resolution No. 21-1008, amending the Fiscal Year 2020/21 operating
budget allocating $2,500 of donated funds.
MOVER: Matthew Liesemeyer
SECONDER: Bill Zimmerman
AYES: Deines, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
ABSENT: Karwin
Sr. Management Analyst Imelda Huerta presented the item. Ms. Huerta reported on the
background of the community project funding; Community Support; Eligible Accounts;
Transportation and Housing and Urban Development; CIP 13-04 Bradley Bridge Over
Salt Creek; CIP 20-01 Scott Rd/Bundy Canyon Rd Widening; CIP 14-01 McCall Blvd
Interchange; Commerce, Justice, and Science (Police Department Project); and Letters
of Support. Imelda noted a change to the staff report, amending the funding gap amount
for the Bradley Bridge CIP project.
The City Council asked questions about amending the list of projects to submit to
Congressman Ken Calvert and specifically about removing the McCall Interchange
project. City Manager Armando Villa explained that the requirements to receive the
funding is to spend the funds within 12 months. Mr. Villa said that the McCall Interchange
project is only 10% complete and may be hard to meet the spending deadline. City
Attorney Jeff Melching stated that the proposed Resolution will allow the City Manager
to make amendments as necessary and if the Council would like to change the projects,
staff would bring a resolution to the next City Council meeting for good record keeping
and history of the funding request.
The City Council asked Police Captain Dave Gutierrez questions about the in-car
cameras. Captain Gutierrez explained the benefits of the cameras. The City Council
agreed by consensus to remove the McCall Blvd CIP item from the project list and
replace it with the Police Department car cameras.
Item Title:9.1 April 7,2021 City Council Minutes
Item Page Number:5
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ACTION
Adopted Resolution 21-1010 authorizing and supporting the submission of three
Community Project Funding request applications to the Office of Congressman Ken
Calvert, which includes Capital Improvement Plan (CIP) Projects CIP13-04 (Bradley
Bridge over Salt Creek), CIP 20-01 (Scott Road / Bundy Canyon Road Widening), and
in-car cameras for the Menifee Police Department.
RESULT:Adopted [Unanimous]
MOVER:Bill Zimmerman
SECONDER:Lesa Sobek
AYES:Zimmerman, Sobek, Liesemeyer, Deines
NOES: None
ABSENT: Karwin
10.5 Capital Improvement Project No. 19-15 (CS030) Central Park Amphitheater Professional
Design, Engineering and Architectural Services Agreement
Councilmember Liesemeyer inquired about Central Park Amphitheater parking and
stated his concerns regarding approving the proposed contract.
Rob Barton from T.Y. Lin addressed the questions stated by Councilmember
Liesemeyer.
Mayor Pro Tem Sobek spoke in favor of approving the contract.
Councilmember Deines commented on the importance of the Council to provide
consensus on this item.
ACTION:
Continued
MOVER: Matthew Liesemeyer
SECONDER: Bill Zimmerman
AYES: Deines, Liesemeyer, Zimmerman
NAYS: Sobek
RECUSE: None
ABSENT: Karwin
Item Title:9.1 April 7,2021 City Council Minutes
Item Page Number:6
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10.6 Amendment No. 1 to Contract Services Agreement with Adame Landscape, Inc.
ACTION:
Adopted as Part of Consent.
1.Approved Amendment No. 1 to existing Contract Services Agreement with Adame
Landscape, Inc. in the amount not-to-exceed $50,000 for a revised contract total of
$99,900 for FY20/21 Irrigation Repair Services, and;
2.Authorized the City Manager to execute Amendment No. 1 with Adame Landscape,
Inc.
MOVER: Matthew Liesemeyer
SECONDER: Bill Zimmerman
AYES: Deines, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
ABSENT: Karwin
10.7 Fiscal Year 2020/21 Land Development Contract Amendments
ACTION:
Adopted as Part of Consent.
1.Approved Amendment No. 2 to Professional Services Agreement with Dudek for
Construction Inspection Services, increasing the contract by $70,000 to the not-to-
exceed amount of $220,000, and;
2.Approved Amendment No. 1 to Professional Services Agreement with STC Traffic
Inc. for Traffic Engineering Services, increasing the contract by $45,000 to the not-
to- exceed amount of $135,000, and;
3.Approved Amendment No. 1 to Professional Services Agreement with KOA
Corporation for Grant Management Services, increasing the contract by $30,000 to
the not-to-exceed amount of $80,000.
MOVER: Matthew Liesemeyer
SECONDER: Bill Zimmerman
AYES: Deines, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
ABSENT: Karwin
10.8 Kimley Horn Agreement, Design Services of Peacock Place Resurfacing, CIP 21-17
ACTION:
Adopted as Part of Consent.
1.Approved a Professional Services Agreement with Kimley Horn for Design Services
of Peacock Place Resurfacing, located in the north west section of Menifee, Capital
Improvement Project (CIP) No. 21-17, in the amount not-to-exceed $59,180, and;
2.Authorized the City Manager to execute change orders(s) for unanticipated
expenditures required to execute the design of the project, in an amount not-to-
exceed 10% of the contract amount or $5,918.
Item Title:9.1 April 7,2021 City Council Minutes
Item Page Number:7
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MOVER: Matthew Liesemeyer
SECONDER: Bill Zimmerman
AYES: Deines, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
ABSENT: Karwin
10.9 Intention to Annex Tentative Parcel Map 37236 into Community Facilities District No.
2015-2, Annexation No. 37
ACTION:
Adopted as Part of Consent.
1.Accepted the Petition of David Mendoza, Sergio Mendoza and Rosa Isela Torres to
annex a four-parcel subdivision, Parcel Map 37236, located east of Menifee Road
and south of Mapes Road, into Community Facilities District No. 2015-2
(Maintenance Services) (“CFD No. 2015-2” or “CFD”) as Annexation Area No. 37,
and;
2.Adopted Resolution No. 21-1009, intent to add Annexation Area No. 37 into CFD
No. 2015-2, to authorize the levy of special tax therein to finance certain
maintenance services, and to set a public hearing for May 19, 2021.
MOVER: Matthew Liesemeyer
SECONDER: Bill Zimmerman
AYES: Deines, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
ABSENT: Karwin
10.10 Approval of Final Parcel Map 37934, Thomas Perkins
ACTION:
Adopted as Part of Consent.
1.Approved and Authorized the filing of the Final Map for PM 37934, located west of
the Farmington Road and Murrieta Road Intersection.
MOVER: Matthew Liesemeyer
SECONDER: Bill Zimmerman
AYES: Deines, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
ABSENT: Karwin
10.11 Tract Map 31392 Street Improvement Bond 10% Release
ACTION:
Adopted as Part of Consent.
1.Approved the 10% bond release for Tract Map 31392 which is a 47.68 gross acres
single-family residential development located south of Newport Road and Goetz
Road.
Item Title:9.1 April 7,2021 City Council Minutes
Item Page Number:8
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MOVER: Matthew Liesemeyer
SECONDER: Bill Zimmerman
AYES: Deines, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
ABSENT: Karwin
10.12 Approval of Bonds and Agreements for Tract 36484 Landscape Improvements
ACTION:
Adopted as Part of Consent.
1.Approved and accepted Landscape Bonds and Agreements associated with
residential development of 32.33 gross acres of land for Tract 36484, located in
Audie Murphy Ranch west of Goetz Road and Audie Murphy Road North.
MOVER: Matthew Liesemeyer
SECONDER: Bill Zimmerman
AYES: Deines, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
ABSENT: Karwin
11.PUBLIC HEARING ITEMS
11.1 Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP)
Ordinance and Local Development Mitigation Fee (LMDF) Updates
City Manager Armando Villa introduced Management Analyst Molly Binnall. Ms. Binnall
provided a presentation and reported on the background of Western Riverside County
Multiple Species Habitat Conservation Plan (MSHCP); MSHCP Member Agencies;
MSHCP Overview; MSHCP and Measure A; Local Development Mitigation Fee
(LDMF) Establishment; 2020 Nexus Study; Phased Fee Schedule; Prepayment
Option; and staff recommended action.
Councilmember Liesemeyer inquired about the prepayment process. Community
Development Director Cheryl Kitzerow expanded on the prepayment options.
Mayor Zimmerman opened the public hearing at 8:21 PM. City Clerk Sarah Manwaring
stated the public hearing was legally noticed and there was no correspondence
received.
Public Commenter Patrick Ellis spoke against approval of the item and asked the
Council to postpone approval.
Mayor Zimmerman closed the public hearing at 8:25 PM.
The City Council asked questions about the increased fee and prepayment options.
Item Title:9.1 April 7,2021 City Council Minutes
Item Page Number:9
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RCA’s Regional Conservation Deputy Executive Director Aaron Hake reported on the
other cities that are in the process of adopting their Ordinances.
The City Council commented on the need for a more regularly scheduled nexus study.
Mr. Villa and Ms. Kitzerow provided an explanation for the prepayment options and
potential refunds.
Ms. Kitzerow noted the minor changes to the presented Resolution.
City Clerk Sarah read the Ordinance by title.
ACTION:
1.Introduced an Ordinance, to repeal and replace City adopted County Ordinance No.
810.2 for the Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP) with Municipal Code Chapter 8.27.
MOVER: Lesa Sobek
SECONDER: Dean Deines
AYES: Deines, Sobek, Zimmerman
NAYS: Liesemeyer
RECUSE: None
ABSENT: Karwin
2.Adopted Resolution No. 21-1011, establishing the MSHCP Local Development
Mitigation Fee (LDMF) schedule.
MOVER: Lesa Sobek
SECONDER: Dean Deines
AYES: Deines, Sobek, Zimmerman
NAYS: Liesemeyer
RECUSE: None
ABSENT: Karwin
12.DISCUSSION ITEMS
12.1 Joint Powers Agreement and Bylaws for California Intergovernmental Risk Authority,
which permits the merger of Public Agency Risk Sharing Authority of California and
the Redwood Empire Municipal Insurance Fund
Item Title:9.1 April 7,2021 City Council Minutes
Item Page Number:10
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City Manager Armando Villa introduced Deputy City Manager Rochelle Clayton. Ms.
Clayton provided a presentation and reported on the Risk Pools Structure and
Purpose; Background of the Risk Pool; Public Agency Risk Sharing Authority of
California (PARSAC) Historical Cost; Risk Pool Proposals from PARSAC/California
Intergovernmental Risk Sharing Authority (CIRA), CalJPIA, and Public Entity Risk
Management Authority (PERMA); and the recommended action.
Councilmember Deines inquired about lines of coverage between PARSAC and
Redwood Empire Municipal Insurance Fund (REMIF) when merged to CIRA, the two-
year commitment requirement to join CIRA and the Police Department liability.
ACTION:
1.Adopted Joint Powers Agreement and Bylaws for the California Intergovernmental
Risk Authority, permitting the merger/joining of the Public Agency Risk Sharing
Authority of California and the Redwood Empire Municipal Insurance Fund.
MOVER: Matthew Liesemeyer
SECONDER: Dean Deines
AYES: Deines, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
ABSENT: Karwin
13.CITY ATTORNEY REPORTS
None.
14.CITY MANAGER REPORTS
None.
15.FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
Councilmember Liesemeyer requested an item to discuss the standard 10% contingency
in all contracts. Mayor Zimmerman seconded the request.
16.ADJOURN
City Manager Armando Villa commented on the loss of his friend and City employee John
DeGange.
Mayor Zimmerman adjourned the meeting in honor of John DeGange at 9:02 PM.
Sarah A. Manwaring, MMC
City Clerk
Item Title:9.1 April 7,2021 City Council Minutes
Item Page Number:11
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CITY OF MENIFEE
SUBJECT: Warrant Register
MEETING DATE: April 21, 2021
TO: Mayor and City Council
PREPARED BY: Ann-Marie Etienne, Financial Services Manager
REVIEWED BY: Wendy Preece, Deputy Finance Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 3/26/2021, the Payroll Register/Other EFT’s dated
3/31/2021, 4/2/2021 and the Void Check Listing PE 3/31/2021 which have a total budgetary
impact of $2,509,722.51.
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 3/26/2021,
the Payroll Register/Other EFT’s dated 3/31/2021, 4/2/2021 and the Void Check Listing PE
3/31/2021 have a total budgetary impact of $2,509,722.51.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
As indicated above, Voucher List dated 3/26/2021, the Payroll Register/Other EFT’s dated
3/31/2021, 4/2/2021 and the Void Check Listing PE 3/31/2021 have a total budgetary impact of
$2,509,722.51, which is included in the 2020 2021 Budget.
ATTACHMENTS
1. Voucher List dated 3/26/2021
2. Voucher CC details 3/26/2021
3. Payroll Register/Other EFT’s dated 3/31/2021 and 4/2/2021
4. Void Checking Listing PE 3/31/2021
Item Title:10.2 Warrant Register
Item Page Number:1
Menifee Mayor and City Council April 21,2021
Page 18 of 367
03/24/2021
Voucher List
City of Menifee
1
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
48348 3/17/2021 00039 POSTMASTER MP-20210311 03080 SPRING 2021 MENIFEE MATTERS POSTAGE 5,989.94
Total : 5,989.94
48349 3/26/2021 01799 AIRFORCE 1 PLUMBING HEATING &, AIR, INC 100835 FIRESTATION #7 FACILITY MAINTENANCE 275.00
03035 8,000.00KC CENTER HVAC REPLACEMENT100839
149.00PD HEADQUARTERS FACILITY MAINTENANCE100843
149.00PD HEADQUARTERS FACILITY MAINTENANCE100844
450.00PD HEADQUARTERS FACILITY MAINTENANCE100845
320.00FIRESTATION #7 FACILITY MAINTENANCE100846
02992 8,244.00CITY OF MENIFEE: CITY FACILITIES (HVAC M100847
Total : 17,587.00
48350 3/26/2021 01252 AMAZON CAPITAL SERVICES, INC.13RF-4MRV-CT4K FLEET SMALL TOOLS & FIELD EQUIPMENT 41.30
201.28COMM SVCS SUPPLIES13TG-VDV9-1LXN
19.53FLEET MATERIALS & SUPPLIES1711-6LMW-PC64
148.05COMM SVCS SMALL TOOLS AND FIELD1711-6LMW-XNWP
52.33COMM SVCS SUPPLIES176W-LX77-PVMR
73.50K9 SUPPLIES FOR PD17L6-QRHL-6TCJ
18.59SUPPLIES FOR ECON DEV1CCF-CJLK-M4RK
149.07COMM SVCS SUPPLIES1CWP-WN6C-MKF1
32.61COMM SVCS UNIFORMS1F94-JQTR-9KVL
78.28FLEET MATERIALS & SUPPLIES1GXD-D9DY-CY6H
466.53MENIFEE PD EQUIPMENT MAINT1H3L-3G4X-63VH
120.45GRAFFITI ABATEMENT SUPPLIES1HCK-H1DH-64JK
51.58COMM SVCS SUPPLIES1HX3-L6VP-79C1
77.14COMM SVCS SUPPLIES1KCD-KHHR-44RW
45.59COMM SVCS SUPPLIES1KCD-KHHR-FCCC
73.15IT SUPPLIES1P1N-6YF1-MRTC
418.72COMM SVCS SUPPLIES1QDP-M3JK-RYLR
120.45GRAFFITI ABATEMENT SUPPLIES1TND-C7VL-4VMK
33.55FLEET MATERIALS & SUPPLIES1VP6-NP4X-3JLY
76.73COMM SVCS SUPPLIES1VRR-3YY9-X3QD
41.31IPHONE CASE FOR P/W DEPT1X4N-G9VX-KKK6
33.02P/W EQUIPMENT MAINTENANCE1XX1-Q9T6-QKFL
Total : 2,372.76
1Page:
Item Title:10.2 Warrant Register
Item Page Number:2
Menifee Mayor and City Council April 21,2021
Page 19 of 367
03/24/2021
Voucher List
City of Menifee
2
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
48351 3/26/2021 00123 AMBER MANAGEMENT, LLC APR'21 APR'21 PD HEADQUARTERS MONTHLY RENT 29,431.16
41,067.42APR'21 CITY HALL MONTHLY RENTAPR'21
Total : 70,498.58
48352 3/26/2021 01841 AXON ENTERPRISE, INC SI-1720442 02576 MENIFEE PD BODY WORK CAMERAS AND TASERS 1,625.82
Total : 1,625.82
48353 3/26/2021 00915 BMW MOTORCYCLES OF RIVERSIDE 6026172/2 PD VEHICLE MAINTENANCE 809.64
741.05PD VEHICLE MAINTENANCE6026665/1
Total : 1,550.69
48354 3/26/2021 01006 BUCKNAM INFRASTRUCTURE GROUP 339-09.03 02883 FY 20/21 PAVEMENT MANAGEMENT PROGRAM SUP 6,986.12
Total : 6,986.12
48355 3/26/2021 01516 CN ENGINEERING, INC 02616-07 02616 JAN'21 RECOVERABLE ON-CALL ENGINEERING S 742.50
Total : 742.50
48356 3/26/2021 00776 CORELOGIC SOLUTIONS, LLC 82069291 FEB'21 CORELOGIC LICENSING 355.00
Total : 355.00
48357 3/26/2021 01210 CORKY'S PEST CONTROL 2647480 WEST ANNEX PEST CONTROL SVCS 85.00
Total : 85.00
48358 3/26/2021 00881 D.R. BECHTER CONSULTING INC.14-002-332 02590 FEB'21 ON-CALL RECOVERABLE CONSTRUCTION 9,130.00
02590 6,325.00FEB'21 ON-CALL RECOVERABLE CONSTRUCTION14-002-333
Total : 15,455.00
48359 3/26/2021 00453 DENNIS JANDA, INC.14562 02617 JAN-FEB'21 ON-CALL RECOVERABLE SURVEYING 11,057.50
Total : 11,057.50
48360 3/26/2021 01988 DIVERSIFIED DISTRIBUTION 2001078 FLEET MATERIALS & SUPPLIES 97.87
Total : 97.87
48361 3/26/2021 01299 DONALD HOBBS CK REQ 3/16 APR'21 LEASE FOR POLICE SUBSTATION 2,030.00
Total : 2,030.00
48362 3/26/2021 00841 DUDEK 202100185 02619 JAN'21 ON-CALL RECOVERABLE CONSTRUCTION 19,525.00
2Page:
Item Title:10.2 Warrant Register
Item Page Number:3
Menifee Mayor and City Council April 21,2021
Page 20 of 367
03/24/2021
Voucher List
City of Menifee
3
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 19,525.00 48362 3/26/2021 00841 00841 DUDEK
48363 3/26/2021 01297 ENVIRONMENTAL LOGISTICS, INC 020821-B 03078 EMERGENCY CLEAN -UP SVCS -ETHANAC RD & A 22,615.33
Total : 22,615.33
48364 3/26/2021 00912 ENVIRONMENTAL SYSTEMS 93990830 03041 ESRI ARCGIS SPATIAL ANALYST LICENSE 2,500.00
Total : 2,500.00
48365 3/26/2021 00767 FAIR HOUSING COUNCIL CK REQ 3/16 02993 CDBG FY20-21 PROGRAM - REIMB REQ # 8 2,151.95
Total : 2,151.95
48366 3/26/2021 00805 GARY F. HOYT LANDSCAPE CP-2417 DEC'20 RECOVERABLE ENG SVCS LANDSCAPE P 2,750.00
02620
Total : 2,750.00
48367 3/26/2021 01291 HELIXSTORM 11056 02763 FY20/21 IT PROFESSIONAL SUPPORT SERVICES 24,300.00
02476 28,400.00FY20/21 IT PROFESSIONAL SUPPORT SERVICES11060
Total : 52,700.00
48368 3/26/2021 00824 HILLCREST CONTRACTING, INC.PB 29304 02818 CIP 20-11 SCOTT/MENIFEE ROAD SIDEWALK PR 57,338.01
Total : 57,338.01
48369 3/26/2021 01200 INLAND ELECTRIC INC 5835 PD HEADQUARTERS FACILITY MAINTENANCE 245.00
Total : 245.00
48370 3/26/2021 01750 MIDSTATE AUTOMOTIVE EQUIPMENT, CO INC 2130021 FLEET SMALL TOOLS & FIELD EQUIPMENT 1,842.05
Total : 1,842.05
48371 3/26/2021 01655 MPA, INC 775 03085 FY 20/21 PROFESSIONAL BACKGROUND INVESTI 3,000.00
Total : 3,000.00
48372 3/26/2021 00892 MSA SYSTEMS, INC.SGX16132 03046 MENIFEE PD ZEBRA BLUETOOTH VEHICLE THERM 15,419.13
Total : 15,419.13
48373 3/26/2021 01514 MULLIN360 LLC 29 02864 REAL ESTATE CONSULTANT SERVICES- AUTO PA 10,000.00
Total : 10,000.00
48374 3/26/2021 01890 NARTEC, INC 15576 MENIFEE PD DRUG TESTING KITS 665.00
3Page:
Item Title:10.2 Warrant Register
Item Page Number:4
Menifee Mayor and City Council April 21,2021
Page 21 of 367
03/24/2021
Voucher List
City of Menifee
4
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 665.00 48374 3/26/2021 01890 01890 NARTEC, INC
48375 3/26/2021 01970 PACIFIC COAST STITCH LLC 1429 MENIFEE POLICE UNIFORMS 678.60
Total : 678.60
48376 3/26/2021 00716 PACIFIC MOBILE STRUCTURES, INC INV-00150232 02553 APR'21 PD HQ LOCKER ROOMS & LEASE 3,120.05
02553 3,110.26APR'21 PD HQ LOCKER ROOMS & LEASEINV-00150233
Total : 6,230.31
48377 3/26/2021 00822 PCR SERVICES CORPORATION 161499R 02611 JAN'21 ON-CALL PLANNING ENVIRONMENTAL RE 5,652.50
Total : 5,652.50
48378 3/26/2021 00252 PURCHASE POWER 0528-2038 FEB'21 FEB'21 POSTAGE REFILL 3,300.00
Total : 3,300.00
48379 3/26/2021 01212 R.J. NOBLE COMPANY 184771 P/W MATERIALS & SUPPLIES 389.13
182.65P/W MATERIALS & SUPPLIES185184
186.05P/W MATERIALS & SUPPLIES185313
384.60P/W MATERIALS & SUPPLIES185611
369.55P/W MATERIALS & SUPPLIES185707
378.14P/W MATERIALS & SUPPLIES187477
151.54P/W MATERIALS & SUPPLIES187960
37,110.90RETENTION FOR CIP 19-06 SCOTT & MURRIETA188887-R1
Total : 39,152.56
48380 3/26/2021 00421 RBF/MICHAEL BAKER CORPORATION 1108021 02722 PROF SVCS AGT FOR NEWPORT POINTE PROJECT 11,542.50
Total : 11,542.50
48381 3/26/2021 00242 RIVERSIDE COUNTY, TLMA ADMINISTRATION TL0000015517 03056 TRAFFIC SIGNAL INSPECTION 9,723.30
03056 4,662.29TRAFFIC SIGNAL INSPECTIONTL0000015530
03056 5,146.81TRAFFIC SIGNAL INSPECTIONTL0000015531
31,246.94DEC'20 SLF MONTHLY COSTTL0000015653
03056 499.06TRAFFIC SIGNAL INSPECTIONTL0000015681
03056 665.42TRAFFIC SIGNAL INSPECTIONTL0000015683
14,048.83JAN'21 SLF MONTHLY COSTTL0000015710
Total : 65,992.65
48382 3/26/2021 01869 RSM DESIGN 21379-1 02510 CITYWIDE SIGNAGE PROGRAM- PHASE I, II & 5,975.00
4Page:
Item Title:10.2 Warrant Register
Item Page Number:5
Menifee Mayor and City Council April 21,2021
Page 22 of 367
03/24/2021
Voucher List
City of Menifee
5
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 5,975.00 48382 3/26/2021 01869 01869 RSM DESIGN
48383 3/26/2021 00962 RUTAN & TUCKER, LLP 890572 DEC'20 CITY LEGAL SVCS 7,371.00
702.00DEC'20 CITY LEGAL SVCS890575
1,443.00DEC'20 CITY LEGAL SVCS890576
970.48DEC'20 CITY LEGAL SVCS890585
594.00DEC'20 CITY LEGAL SVCS890586
594.00DEC'20 CITY LEGAL SVCS890588
Total : 11,674.48
48384 3/26/2021 00596 SATCOM DIRECT COMMUNICATIONS 7407147 FEB'21 EMERGENCY SATELLITE PHONE SVC 54.25
54.25FEB'21 EMERGENCY SATELLITE PHONE SVC7407148
54.25FEB'21 EMERGENCY SATELLITE PHONE SVC7407149
54.25FEB'21 EMERGENCY SATELLITE PHONE SVC7407150
54.25FEB'21 EMERGENCY SATELLITE PHONE SVC7407151
Total : 271.25
48385 3/26/2021 01318 SEARLE CREATIVE GROUP LLC 21585-ED 02813 FY20/21 ECONOMIC DEVELOPMENT OUTREACH SE 1,775.00
02813 1,275.00FY20/21 ECONOMIC DEVELOPMENT OUTREACH SE21587-ED
Total : 3,050.00
48386 3/26/2021 00484 SELECT STAFFING 8406314862 TEMP EMP SVCS PE 02/14/21 4,923.43
4,444.48TEMP EMP SVCS PE 02/21/218406337219
4,443.41TEMP EMP SVCS PE 02/28/218406356469
4,747.84BLDG/ SFTY - TEMP EMP SVCS PE 03/14/218406393853
Total : 18,559.16
48387 3/26/2021 01410 SOCIAL WORK ACTION GROUP 02282021 02718 FEB'21 HOMELESS OUTREACH SVCS 3,888.75
Total : 3,888.75
48388 3/26/2021 01236 SPICER CONSULTING GROUP LLC 0748 02819 JAN'21 SPECIAL DISTRICT ADMIN SVCS 8,236.97
02819 8,236.97FEB'21 SPECIAL DISTRICT ADMIN SVCS0757
Total : 16,473.94
48389 3/26/2021 01283 STB CONSULTING INC SB-34 02631 JAN'21 RECOVERABLE ENGINEERING SVCS 15,800.00
02631 7,470.00FEB'21 RECOVERABLE ENGINEERING SVCSSB-35
Total : 23,270.00
5Page:
Item Title:10.2 Warrant Register
Item Page Number:6
Menifee Mayor and City Council April 21,2021
Page 23 of 367
03/24/2021
Voucher List
City of Menifee
6
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
48390 3/26/2021 01695 SUSAN SAXE-CLIFFORD 21-0303-1 02289 MENIFEE PD PSYCHOLOGICAL EVALUATION SVCS 425.00
02289 425.00MENIFEE PD PSYCHOLOGICAL EVALUATION SVCS21-0311-4
Total : 850.00
48391 3/26/2021 00741 U.S. BANK CORP. PYMT. SYSTEM **0278 City Credit Card Charges 187.50
437.18City Credit Card Charges**0278
203.47City Credit Card Charges**0278
950.00City Credit Card Charges**0278
285.00City Credit Card Charges**1632
305.00City Credit Card Charges**1632
553.67City Credit Card Charges**1632
1,466.81City Credit Card Charges**1632
1,625.00City Credit Card Charges**1632
2,254.00City Credit Card Charges**1632
150.00City Credit Card Charges**1632
149.50City Credit Card Charges**1632
1,300.93City Credit Card Charges**1632
249.00City Credit Card Charges**1632
300.00City Credit Card Charges**1632
200.00City Credit Card Charges**1632
932.01City Credit Card Charges**1678
165.83City Credit Card Charges**1678
331.66City Credit Card Charges**1678
616.00City Credit Card Charges**1678
1,392.94City Credit Card Charges**2472
298.39City Credit Card Charges**5047
562.74City Credit Card Charges**5047
169.35City Credit Card Charges**5047
504.60City Credit Card Charges**8389
587.17City Credit Card Charges**9739
626.25City Credit Card Charges**9739
408.00City Credit Card Charges**9911
157.00City Credit Card Charges**9911
624.35City Credit Card Charges**9911
300.00City Credit Card Charges**9911
586.71City Credit Card Charges**9911
238.80City Credit Card Charges**9911
6Page:
Item Title:10.2 Warrant Register
Item Page Number:7
Menifee Mayor and City Council April 21,2021
Page 24 of 367
03/24/2021
Voucher List
City of Menifee
7
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
48391 3/26/2021 (Continued)00741 U.S. BANK CORP. PYMT. SYSTEM
437.00City Credit Card Charges**9911
199.00City Credit Card Charges**9962
250.00City Credit Card Charges**9962
Total : 20,004.86
48392 3/26/2021 00741 U.S. BANK CORP. PYMT. SYSTEM **1016 City Credit Card Charges 0.99
94.50City Credit Card Charges**1632
45.00City Credit Card Charges**1632
80.00City Credit Card Charges**1632
136.99City Credit Card Charges**1678
100.00City Credit Card Charges**1678
42.35City Credit Card Charges**2472
37.48City Credit Card Charges**2472
93.38City Credit Card Charges**2472
5.34City Credit Card Charges**2472
70.16City Credit Card Charges**2472
65.00City Credit Card Charges**3480
14.72City Credit Card Charges**5047
112.00City Credit Card Charges**5047
14.72City Credit Card Charges**5047
116.55City Credit Card Charges**5047
33.00City Credit Card Charges**7121
137.57City Credit Card Charges**8389
96.69City Credit Card Charges**8389
40.00City Credit Card Charges**8389
68.43City Credit Card Charges**9739
24.50City Credit Card Charges**9739
23.78City Credit Card Charges**9739
48.83City Credit Card Charges**9739
110.00City Credit Card Charges**9739
75.00City Credit Card Charges**9739
30.00City Credit Card Charges**9911
20.00City Credit Card Charges**9911
45.00City Credit Card Charges**9911
23.97City Credit Card Charges**9911
16.14City Credit Card Charges**9911
7Page:
Item Title:10.2 Warrant Register
Item Page Number:8
Menifee Mayor and City Council April 21,2021
Page 25 of 367
03/24/2021
Voucher List
City of Menifee
8
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
48392 3/26/2021 (Continued)00741 U.S. BANK CORP. PYMT. SYSTEM
34.58City Credit Card Charges**9911
110.26City Credit Card Charges**9962
97.50City Credit Card Charges**9962
Total : 2,064.43
48393 3/26/2021 01378 VISIONARIES IMAGE COMPANY 0001156 02666 2020/21 ON-CALL CITY OF MENIFEE VIDEO & 1,981.44
Total : 1,981.44
48394 3/26/2021 01250 VULCAN MATERIALS COMPANY 72868394 P/W MATERIALS & SUPPLIES 162.70
Total : 162.70
48395 3/26/2021 00298 WEX BANK 70624676 FEB'21 CITY VEHICLE FUEL & MAINT CHARGES 24,848.26
Total : 24,848.26
48396 3/26/2021 01524 WRIGHT SEPTIC 31826 FIRESTATION #5 FACILITY MAINTENANCE 535.00
535.00FIRESTATION #5 FACILITY MAINTENANCE31869
Total : 1,070.00
48397 3/26/2021 00555 ADAME LANDSCAPING, INC.87127 02580 FEB'21 ROW LANDSCAPE MAINTENANCE SVCS 28,680.40
02580
02577 35,988.75MAR'21 PARK LANDSCAPE MAINTENANCE SVCS87459
02580 28,680.40MAR'21 ROW LANDSCAPE MAINTENANCE SVCS87460
02579 502.11MAR'21 PLANTER AREA/TURF MAINTENANCE SVC87461
Total : 93,851.66
48398 3/26/2021 00191 AFLAC 841962 MAR'21 INSURANCE PREMIUMS 14,696.16
Total : 14,696.16
48399 3/26/2021 01795 AIR & HOSE SOURCE, INC 414193 P/W EQUIPMENT MAINTENANCE 189.44
Total : 189.44
48400 3/26/2021 00744 ALLIED TRAFFIC & EQUIP. RENTAL 82501 COMMUNITY SERVICES FACILITY MAINTENANCE 380.63
518.74P/W SIGN MAINTENANCE & REPLACEMENT82566
309.94P/W SIGN MAINTENANCE & REPLACEMENT82572
174.00P/W SIGN MAINTENANCE & REPLACEMENT82580
432.28P/W SIGN MAINTENANCE & REPLACEMENT82593
897.19P/W SIGN MAINTENANCE & REPLACEMENT82650
8Page:
Item Title:10.2 Warrant Register
Item Page Number:9
Menifee Mayor and City Council April 21,2021
Page 26 of 367
03/24/2021
Voucher List
City of Menifee
9
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 2,712.78 48400 3/26/2021 00744 00744 ALLIED TRAFFIC & EQUIP. RENTAL
48401 3/26/2021 00058 AMERICAN REPROGRAPHICS CO. LLC 10863877 03084 PRINTING SVCS 4,408.25
Total : 4,408.25
48402 3/26/2021 01948 APPLEONE EMPLOYMENT SERVICES 01-5831964 CITY CLERK TEMP EMP SVCS PE 2/27/21 996.48
Total : 996.48
48403 3/26/2021 01814 ARROWHEAD FORENSICS 134923 MENIFEE PD FORENSIC SUPPLIES 79.93
Total : 79.93
48404 3/26/2021 01646 ARROYO BACKGROUND, INVESTIGATIONS 2463 02848 PROFESSIONAL BACKGROUND INVESTIGATION SE 1,000.00
02848 1,000.00PROFESSIONAL BACKGROUND INVESTIGATION SE2465
Total : 2,000.00
48405 3/26/2021 01586 ASCAP 2/20/2021 MUSIC LICENSE FEES FOR COMM SVCS EVENTS 883.08
Total : 883.08
48406 3/26/2021 01203 BALLET FOLKLORICO, LORENA HANCOCK CK REQ 3/16 COMM SVCS INSTRUCTOR PAYMENT 39.60
Total : 39.60
48407 3/26/2021 01746 BAY AREA DRIVING SCHOOL, INC CK REQ 3/16 COMM SVCS INSTRUCTOR PAYMENT 30.73
Total : 30.73
48408 3/26/2021 01975 BIGFOOT GRAPHICS CK REQ 3/16 COMM SVCS INSTRUCTOR PAYMENT 322.00
Total : 322.00
48409 3/26/2021 00259 BIO-TOX LABORATORIES INC 40837 02641 JAN'21 PD BLOOD ALCOHOL ANALYSIS 552.00
Total : 552.00
48410 3/26/2021 02071 CALIFORNIA STATE UNIVERSITY, SAN MARCOSRA023620 03081 FY 20/21 FEMBA CAPSTONE PROJECT (CAL STA 12,500.00
Total : 12,500.00
48411 3/26/2021 00686 CALTRANS SL210515 LLMD ZONE 114 AND CITY SIGNAL & LIGHT SV 3,628.16
Total : 3,628.16
48412 3/26/2021 01978 CED- TEMECULA 8750-1001114 FIRESTATION FACILITY MAINTENANCE 558.98
-532.88FIRESTATION #76 FACILITY MAINTENANCE8750-1001862
9Page:
Item Title:10.2 Warrant Register
Item Page Number:10
Menifee Mayor and City Council April 21,2021
Page 27 of 367
03/24/2021
Voucher List
City of Menifee
10
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 26.10 48412 3/26/2021 01978 01978 CED- TEMECULA
48413 3/26/2021 01178 DIRECTV LLC 004016741X210216 FEB'21 FIRE STATION #7 SATELLITE SVCS 122.24
Total : 122.24
48414 3/26/2021 00161 EASTERN MUNICIPAL WATER DIST.152572-03 3/3 FEB'21 LLMD ZONE 3 WATER SVCS 900.75
533.95FEB'21 LLMD ZONE 3 WATER SVCS173168-03 3/3
358.33FEB'21 LLMD ZONE 3 WATER SVCS181069-03 3/3
316.66FEB'21 CSA 145 WATER SVCS181979-03 3/3
195.23FEB'21 LLMD ZONE 38 WATER SVCS197482-04 3/3
180.15FEB'21 LLMD ZONE 38 WATER SVCS197486-04 3/3
241.26FEB'21 CSA 145 WATER SVCS204615-02 3/3
339.28FEB'21 CSA 145 WATER SVCS204616-02 3/3
238.32FEB'21 LLMD ZONE 37 WATER SVCS209502-03 3/3
396.19FEB'21 LLMD ZONE 3 WATER SVCS210877-03 3/3
209.89FEB'21 LLMD ZONE 47 WATER SVCS214104-03 3/3
373.05FEB'21 LLMD ZONE 3 WATER SVCS217316-03 3/4
412.66FEB'21 LLMD ZONE 3 WATER SVCS218618-03 3/4
331.74FEB'21 LLMD ZONE 3 WATER SVCS218620-03 3/4
351.89FEB'21 LLMD ZONE 69 WATER SVCS225995-03 3/4
334.83FEB'21 LLMD ZONE 69 WATER SVCS225996-03 3/4
326.94FEB'21 LLMD ZONE 77 WATER SVCS230227-03 3/4
215.56FEB'21 POLICE HEADQUARTERS WATER SVCS231916-02 3/3
371.35FEB'21 LLMD ZONE 81 WATER SVCS233542-03 3/4
202.80FEB'21 AMR SPORTS PARK WATER SVCS236607-02 3/4
660.00FEB'21 AMR ROW WATER SVCS236610-02 3/4
284.20FEB'21 AMR ROW WATER SVCS238693-02 3/4
397.73FEB'21 LLMD ZONE 3 WATER SVCS239165-02 3/4
1,453.05FEB'21 AMR ROW WATER SVCS240232-02 3/4
410.76FEB'21 LLMD ZONE 77 WATER SVCS240567-02 3/4
230.22JAN'21 HIDDEN HILLS PARK WATER SVCS244910-02 2/22
388.30FEB'21 CITY HALL WATER SVCS246366-02 3/3
369.29DEC'20-JAN'21 AMR ROW WATER SVCS249372-02 2/19
434.80FEB'21 CSA 145 WATER SVCS35123-04 3/3
937.05FEB'21 LLMD ZONE 3 WATER SVCS71416-03 3/3
241.60FEB'21 WATER SVC SENIOR CENTER81456-03 3/3
279.57FEB'21 LLMD ZONE 3 WATER SVCS85623-04 3/3
10Page:
Item Title:10.2 Warrant Register
Item Page Number:11
Menifee Mayor and City Council April 21,2021
Page 28 of 367
03/24/2021
Voucher List
City of Menifee
11
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
48414 3/26/2021 (Continued)00161 EASTERN MUNICIPAL WATER DIST.
1,030.50FEB'21 LLMD ZONE 3 WATER SVCS92817-02 3/3
914.80FEB'21 CSA 145 WATER SVCS95843-02 3/4
267.65FEB'21 LLMD ZONE 3 WATER SVCS96356-03 3/4
218.56FEB'21 P/W MOC WATER SVCS9926-02 3/3
Total : 15,348.91
48415 3/26/2021 00161 EASTERN MUNICIPAL WATER DIST.101330-02 3/5 FEB'21 FIRESTATION #76 WATER SVCS 104.96
112.62FEB'21 LLMD ZONE 3 WATER SVCS149228-03 3/3
83.28FEB'21 LLMD ZONE 3 WATER SVCS181980-03 3/3
149.99FEB'21 LLMD ZONE 38 WATER SVCS197480-04 3/3
108.63FEB'21 LLMD ZONE 38 WATER SVCS197481-04 3/3
163.47FEB'21 LLMD ZONE 38 WATER SVCS197483-04 3/3
139.47FEB'21 LLMD ZONE 3 WATER SVCS217318-03 3/4
89.67FEB'21 LLMD ZONE 3 WATER SVCS217419-03 3/3
172.61FEB'21 CSA 145 WATER SVCS226312-03 3/4
166.22FEB'21 CSA 145 ROW WATER229625-03 3/4
176.48FEB'21 LLMD ZONE 3 WATER SVCS231135-03 2/19
114.83FEB'21 LLMD ZONE 3 WATER SVCS231150-03 2/19
111.37FEB'21 POLICE HEADQUARTERS WATER SVC231917-03 3/3
171.37FEB'21 NEWPORT/HAUN STREET MEDIAN WATER234911-01 3/3
119.32FEB'21 AMR ROW WATER SVCS238835-02 2/19
174.12FEB'21 AMR ROW WATER SVCS238836-02 2/19
112.17FEB'21 TOWN CENTER ROW WATER SVCS240243-02 2/19
122.06FEB'21 AMR WATER SVCS240844-03 2/19
155.56FEB'21 FIRE STATION #7 WATER SVC241468-01 3/3
100.48FEB'21 HIDDEN HILLS PARK RESTROOM WATER247007-02 3/4
108.36FEB'21 AMR CREEK VIEW IRRIGATION WATER S247266-02 2/19
116.94FEB'21 AMR SILVERSTAR IRRIGATION WATER S248650-02 2/19
91.54FEB'21 CENTRAL PARK IRRIGATION SVCS250347-02 2/22
73.84FEB'21 POLICE HEADQUARTERS WATER SVC254376-01 3/3
169.63FEB'21 CSA 145 WATER SVCS35053-03 3/3
169.96FEB'21 CHERRY HILLS BLVD STREET MEDIAN W4065-02 3/3
97.43FEB'21 LLMD ZONE 3 WATER SVCS71417-03 3/3
112.29JAN'21 LLMD ZONE 3 WATER SVCS83877-03 2/3
109.31FEB'21 RANCHO RAMONA PARK WATER SVCS8913-02 3/5
98.00FEB'21 CSA 33 WATER SVCS8914-03 3/8
11Page:
Item Title:10.2 Warrant Register
Item Page Number:12
Menifee Mayor and City Council April 21,2021
Page 29 of 367
03/24/2021
Voucher List
City of Menifee
12
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
48415 3/26/2021 (Continued)00161 EASTERN MUNICIPAL WATER DIST.
178.52FEB'21 LLMD ZONE 3 WATER SVCS94084-03 3/4
79.62FEB'21 LLMD ZONE 3 WATER SVCS94440-03 3/3
80.56FEB'21 CSA 145 WATER SVCS94633-02 3/4
121.60FEB'21 LLMD ZONE 3 WATER SVCS95841-03 3/3
89.67FEB'21 LLMD ZONE 3 WATER SVCS95842-03 3/3
82.50FEB'21 AIR GAP CONSTRUCTION WATER METER971614-01 2/25
Total : 4,428.45
48416 3/26/2021 00161 EASTERN MUNICIPAL WATER DIST.100351-02 3/5 FEB'21 FIRE STATION #76 WATER SVCS 71.15
16.80FEB'21 CSA 145 WATER SVCS100891-03 3/5
34.27FEB'21 LLMD ZONE 3 WATER SVCS101279-03 3/3
22.96FEB'21 LLMD ZONE 3 WATER 3 SVCS152855-03 3/4
45.58FEB'21 LLMD ZONE 3 WATER SVCS155944-03 3/4
22.96FEB'21 CSA 145 WATER SVCS169064-03 3/4
36.60FEB'21 WATER SVCS FIRE STATION #51827-05 3/4
63.36FEB'21 CSA 145 WATER SVCS204614-02 3/3
42.16FEB'21 SPIRIT PARK RESTROM WATER SVC225656-03 3/3
20.72FEB'21 WATER SVC NORTH ANNEX232844-02 3/3
39.42FEB'21 BRADLEY RD ROW WATER SVCS234982-01 3/3
51.26FEB'21 LA PIEDRA/SHERMAN IRRIGATION SVC237370-01 2/19
63.15FEB'21 AMR ROW WATER SVCS238346-02 2/19
53.12FEB'21 SUN CITY ROW IRRIGATION240219-01 3/3
59.48FEB'21 TOWN CENTER ROW WATER SVCS240236-02 2/19
30.71FEB'21 TOWN CENTER ROW WATER SVCS240240-02 2/19
17.01FEB'21 TOWN CENTER ROW WATER SVCS240244-02 2/19
37.52FEB'21 FIRE STATION #7 WATER SVCS240865-01 3/3
42.56FEB'21 CSA 145 WATER SVCS246112-02 3/4
53.87FEB'21 AMR SILVERSTAR PARK WATER SVCS246407-02 3/3
16.20FEB'21 HIDDEN HILLS PARK IRRIGATION SVCS247009-02 3/4
46.71FEB'21 AMR ROW WATER SVCS249367-02 2/19
62.22FEB'21 TOWN CENTER ROW WATER SVCS249510-02 2/19
46.41FEB'21 TOWN CENTER ROW WATER SVCS249511-02 2/19
71.36FEB'21 CENTRAL PARK WATER SVCS250203-02 3/4
60.16FEB'21 CENTENNIAL PARK WATER SVCS250719-02 3/4
49.45FEB'21 CENTENNIAL PARK IRRIGATION WATER252059-02 2/22
50.82FEB'21 CENTENNIAL PARK IRRIGATION WATER252060-02 2/22
12Page:
Item Title:10.2 Warrant Register
Item Page Number:13
Menifee Mayor and City Council April 21,2021
Page 30 of 367
03/24/2021
Voucher List
City of Menifee
13
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
48416 3/26/2021 (Continued)00161 EASTERN MUNICIPAL WATER DIST.
48.44FEB'21 CENTENNIAL PARK IRRIGATION WATER252061-02 2/22
51.76FEB'21 FIRE STATION #68 WATER SVCS73422-02 3/4
20.72FEB'21 FIRE STATION #68 WATER SVCS73433-02 3/4
28.22FEB'21 LLMD ZONE 3 WATER SVCS79852-03 3/5
37.52FEB'21 WATER SVC ANNEX BLDG81822-03 3/3
63.28FEB'21 LLMD ZONE 3 WATER SVCS83877-03 3/3
Total : 1,477.93
48417 3/26/2021 00804 EMPLOYMENT DEVELOPMENT DEPT.L1145550816 UNEMPLOYMENT CHARGES 6,609.18
Total : 6,609.18
48418 3/26/2021 01142 FRONTIER CALIFORNIA INC.209-188-1265 2/24 MAR'21 CITY HALL FIOS & PHONE LINES 2,101.32
300.98FEB'21 SPIRIT PARK FIOS310-010-9929 2/19
431.23MAR'21 CITY HALL IP CIRCUIT (MAIN)310-150-0013 3/6
990.00MAR'21 CITY HALL DEDICATED FIBER (EIA)951-197-0298 3/4
990.00MAR'21 MENIFEE PD FIOS SVCS951-197-0485 2/28
990.00MAR'21 PD HQ DEDICATED FIBER (EIA)951-197-0579 3/4
184.09MAR'21 ALARM CITY HALL951-679-3592 3/4
381.69FEB'21 CITY HALL ROLLOVER LINES SVC951-679-8527 2/19
Total : 6,369.31
48419 3/26/2021 01322 GEOCON WEST INC 721010435 02827 CIP 21-12 HILLPOINTE RESURFACING PROJECT 4,071.00
Total : 4,071.00
48420 3/26/2021 02035 GERBER COLLISION & GLASS 1901211861 PD VEHICLE MAINTENANCE (VEH#20-31) 996.18
Total : 996.18
48421 3/26/2021 00139 GHA TECHNOLOGIES INC 101111039 CS VMS SERVER HARD DRIVE REPLACEMENT 74.67
Total : 74.67
48422 3/26/2021 00908 GOSCH AUTO GROUP 1027718 P/W VEHICLE MAINTENANCE (VEH#209) 152.16
253.94PD VEHICLE MAINTENANCE (VEH# 19-118)2071161
Total : 406.10
48423 3/26/2021 00921 HD SUPPLY CONSTRUCTION SUPPLY 50015191870 P/W UNIFORMS 51.20
Total : 51.20
13Page:
Item Title:10.2 Warrant Register
Item Page Number:14
Menifee Mayor and City Council April 21,2021
Page 31 of 367
03/24/2021
Voucher List
City of Menifee
14
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
48424 3/26/2021 00650 HDL SOFTWARE, LLC SIN007160 JAN'21 HDL ONLINE CC PROCESSING SVCS 414.54
Total : 414.54
48425 3/26/2021 00274 HINDERLITER DELLAMAS & ASSOC.SIN006905 CONTRACT SERVICES - SALES TAX 3RD QTR 5,354.48
Total : 5,354.48
48426 3/26/2021 01063 INLAND BOBCAT, INC P71002 P/W EQUIPMENT MAINTENANCE 88.03
Total : 88.03
48427 3/26/2021 00306 INLAND EMPIRE MAGAZINE INV48061 FEB'21 INLAND EMPIRE MAGAZINE ADS 1,995.00
Total : 1,995.00
48428 3/26/2021 01054 INLAND OVERHEAD DOOR 46338 03018 F.S 76 BAY DOOR AND MOTOR REPLACEMENT 7,800.00
Total : 7,800.00
48429 3/26/2021 01090 INTELESYONE 96755 02989 MITEL DESK PHONES - RECORDS 4,451.84
Total : 4,451.84
48430 3/26/2021 00088 INT'L INSTITUTE OF MUNI CLERKS 2/17/2021 IIMC MEMBERSHIP DUES 115.00
Total : 115.00
48431 3/26/2021 00070 LEAGUE OF CALIF CITIES, RIVERSIDE COUNTY DIVISION641004 2021 LCC MEMBERSHIP 24,841.00
Total : 24,841.00
48432 3/26/2021 00128 LOWES 901456-GKMSWI IRRIGATION SUPPLIES FOR TRAIL ENHANCEMEN 128.97
15.88CITY HALL FACILITY MAINTENANCE901507-GLIZED
149.53IRRIGATION SUPPLIES FOR TRAIL ENHANCEMEN902143-GJNJLD
47.49P/W ADMIN MATERIALS & SUPPLIES902145-GJCPAX
60.42IRRIGATION SUPPLIES FOR TRAIL ENHANCEMEN902165-GKAKLX
22.23IRRIGATION SUPPLIES FOR TRAIL ENHANCEMEN902168-GKAKLY
27.88FACILITIES MATERIALS & SUPPLIES902303-GKXLON
37.65FACILITIES SMALL TOOLS & FIELD EQUIPMENT902332-GJGSWX
26.81P/W ADMIN MATERIALS & SUPPLIES902333-GJGSWY
61.13IRRIGATION SUPPLIES FOR TRAIL ENHANCEMEN902631-GJRUQT
269.63FIRESTATION #76 FACILITY MAINTENANCE902917-GKHCRS
33.65IRRIGATION SUPPLIES FOR TRAIL ENHANCEMEN902991-GKTYEY
32.09FIRESTATION #76 FACILITY MAINTENANCE909551-GKHCRT
47.47PD SMALL TOOLS & FIELD EQUIPMENT910933-GFUWMO
14Page:
Item Title:10.2 Warrant Register
Item Page Number:15
Menifee Mayor and City Council April 21,2021
Page 32 of 367
03/24/2021
Voucher List
City of Menifee
15
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
48432 3/26/2021 (Continued)00128 LOWES
56.77FIRESTATION #68 FACILITY MAINTENANCE912879-GLNSPW
189.96CITY HALL MATERIALS & SUPPLIES913091-GKJPBL
144.57FIRESTATION #76 FACILITY MAINTENANCE920185-GLNSQA
251.90FACILITIES MATERIALS & SUPPLIES923091-GKTYFG
22.20CITY HALL MATERIALS & SUPPLIES923092-GKTYFH
1,342.03MENIFEE PD SUPPLIES986047-GNKIJB
Total : 2,968.26
48433 3/26/2021 01563 MERCHANTS BUILDING MAINTENANCE 618715 02665 MAR'21 JANITORIAL SERVICES 8,412.35
Total : 8,412.35
48434 3/26/2021 00474 FORTIN LAW GROUP CK REQ 3/12 LEGAL SERVICES CITY CLAIM GHC0027319 1,071.65
343.50LEGAL SERVICES CITY CLAIM GHC0027319CK REQ 3/12
6,103.65LEGAL SERVICES CITY CLAIM GHC0027319CK REQ 3/12
Total : 7,518.80
48435 3/26/2021 00474 SEMPER SOLARIS CK REQ 3/5 REFUND BLDG PERMIT PMT21-00670 125.96
Total : 125.96
48436 3/26/2021 00474 SPECIALTY AC HEAT INC CK REQ 3/9 REFUND BLDG PERMIT PMT21-00759 115.15
Total : 115.15
48437 3/26/2021 00474 JULIE SOLFERINO CK REQ 3/26 LIVE SCAN REIMB. FOR CERT VOLUNTEER 25.00
Total : 25.00
48438 3/26/2021 01473 MISS APRIL'S DANCE CK REQ 3/16 COMM SVCS INSTRUCTOR PAYMENT 329.80
Total : 329.80
48439 3/26/2021 01605 MOBILE MODULAR MANAGEMENT CORP 300416315 MOBILE MODULAR RENTAL 102.44
Total : 102.44
48440 3/26/2021 00715 MOORE FENCE COMPANY, INC.21-7155 03024 GUARDRAIL REPAIR 7,086.10
Total : 7,086.10
48441 3/26/2021 01381 MURRIETA PARTNERSHIP 1066 MARKETING COST FOR INNOVATION MONTH 1,000.00
Total : 1,000.00
15Page:
Item Title:10.2 Warrant Register
Item Page Number:16
Menifee Mayor and City Council April 21,2021
Page 33 of 367
03/24/2021
Voucher List
City of Menifee
16
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
48442 3/26/2021 01796 NETFILE, INC 7178 02702 FY 20/21 SUBSCRIPTION CHARGES FOR EFILIN 1,875.00
Total : 1,875.00
48443 3/26/2021 01130 O'REILLY AUTO PARTS 4746-170538 PD VEHICLE MAINTENANCE 5.43
22.46FLEET MATERIALS MATERIALS & SUPPLIES4746-189913
Total : 27.89
48444 3/26/2021 01674 PACIFIC ALARM SERVICE R-00270674-1 03069 APR'21 PD HQ CCTV SSYTEM MAINTENANCE SVC 438.88
02761 110.00APR'21 FIRE & BURGLAR ALARM MONITORING SR-00275408
338.00PD HEADQUARTERS FACILITY MAINTENANCES-01041709
Total : 886.88
48445 3/26/2021 02090 PACIFIC SAFETY CENTER 81258 P/W ADMIN TRAINING 460.00
Total : 460.00
48446 3/26/2021 01096 PAPER RECYCLING & SHREDDING, SPECIALISTS INC.466124 POLICE DOC SHREDDING SVCS 95.00
55.00POLICE DOC SHREDDING SVCS481078
95.00POLICE DOC SHREDDING SVCS481079
63.00COMM SVCS DOC SHREDDING SVCS481849
Total : 308.00
48447 3/26/2021 01843 PARKHOUSE TIRE, INC 2010719968 02977 VEH# 236 NEW FRONT END TIRES 1,986.31
385.00FLEET PROFESSIONAL SVCS2010724125
20.88FLEET MATERIALS & SUPPLIES2010728548
1,706.15PD VEHICLE TIRES2010729339
Total : 4,098.34
48448 3/26/2021 02050 PIT STOP PUB CK REQ 3/17 COVID-19 SENIOR LUNCHES 837.38
Total : 837.38
48449 3/26/2021 01739 PROFORCE LAW ENFORCEMENT 442276 03031 MENIFEE PD WEAPONS PURCHASE 3,851.82
Total : 3,851.82
48450 3/26/2021 01065 PRUDENTIAL OVERALL SUPPLY 23121057 COMM SVCS UNIFORM LAUNDRY SVCS 45.00
45.00COMM SVCS UNIFORM LAUNDRY SVCS23123905
121.18P/W UNIFORM LAUNDRY SVCS23123914
43.27P/W LAUNDRY SVCS23123915
101.35P/W UNIFORM LAUNDRY SVCS23127175
16Page:
Item Title:10.2 Warrant Register
Item Page Number:17
Menifee Mayor and City Council April 21,2021
Page 34 of 367
03/24/2021
Voucher List
City of Menifee
17
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
48450 3/26/2021 (Continued)01065 PRUDENTIAL OVERALL SUPPLY
43.27P/W LAUNDRY SVCS23127176
Total : 399.07
48451 3/26/2021 00695 PULTE GROUP CK REQ 2/16 REIMBURSEMENT FOR RBBD FEES TRACT 28206 193,040.00
Total : 193,040.00
48452 3/26/2021 00013 READYREFRESH 01B0036688976 CITY HALL BOTTLE WATER SUPPLY 220.94
Total : 220.94
48453 3/26/2021 00530 RIVERSIDE COUNTY CLERK CK REQ 3/18 NOTICE OF EXEMPTION FILING FEE 50.00
Total : 50.00
48454 3/26/2021 00261 RIVERSIDE COUNTY FLOOD CONTROL, & WATER CONSERV DISTFC018531 CIP 13-04 BRADLEY BRIDGE CONSTRUCTION 673.27
Total : 673.27
48455 3/26/2021 00803 SCS ENGINEERS 0397956 02628 JAN'21 RECOVERABLE ENGINEERING SVCS 637.50
Total : 637.50
48456 3/26/2021 00046 SOUTHERN CALIFORNIA EDISON 2-34-392-5475 2/24 FEB'21 NEWPORT RD/AMR CFD 2012-1 SGNL SV 163.51
91.01FEB'21 DERBY HILL TC-1 SIGNAL SVCS2-35-338-9109 2/23
49.76FEB'21 DERBY HILL TC-1 SIGNAL SVCS2-35-338-9240 2/23
583.94JAN'21 CFD 2017-1 STREET LIGHT & IRRIGAT2-36-156-2671 2/13
1,149.25JAN'21 CITY SIGNAL SVCS2-36-200-0267 2/26
296.49JAN'21 CITY SIGNAL SVCS2-36-751-2365 2/13
219.35FEB'21 PD SUB STATION ELECTRICAL2-39-982-6494 3/3
325.32FEB'21 P/W MOC ELECTRICAL SVCS2-40-098-0702 3/6
68.67FEB'21 AMR STREET LIGHT SVCS2-41-025-9733 2/23
28.10FEB'21 AMR STREET LIGHT SVCS2-41-025-9790 2/23
2,999.61JAN'21 CITY HALL ELECTRIC SVCS2-41-512-4585 2/26
135.38FEB'21 CFD 2012-1 AMR STREET LIGHT SVCS2-41-777-6713 3/2
56.55FEB'21 CSA 80 STREET LIGHTS2-42-240-0671 3/2
484.21FEB'21 CENTRAL PARK ELECTRIC SVCS2-42-593-7505 2/25
76,988.48JAN'21 ELECTRIC SVCS FOR VARIOUS LOCATIO2-42-783-6465 2/20
131.14FEB'21 AMR STREET LIGHT SVCS2-42-955-0510 2/27
28.17DEC'20 CSA 84 STREET LIGHT SVCS2-43-118-2872 1/7
150.62DEC'17 - NOV'20 CSA 84 STREET LIGHT SVCS2-43-118-2872 1/9
17Page:
Item Title:10.2 Warrant Register
Item Page Number:18
Menifee Mayor and City Council April 21,2021
Page 35 of 367
03/24/2021
Voucher List
City of Menifee
18
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
48456 3/26/2021 (Continued)00046 SOUTHERN CALIFORNIA EDISON
28.17JAN'21 CSA 84 STREET LIGHT SVCS2-43-118-2872 2/2
Total : 83,977.73
48457 3/26/2021 01127 SOUTHERN CALIFORNIA MULCH INC.22914 PARK TRAIL IMPROVEMENTS 380.63
Total : 380.63
48458 3/26/2021 01932 SOUTHERN CALIFORNIA NEWS GROUP 3/1/21 NEWSPAPER SUBSCRIPTION FOR CM OFFICE 388.75
Total : 388.75
48459 3/26/2021 00931 SPORTIQUE SCREEN PRINTING 52258 MEMORIAL DAY 5 K T-SHIRTS 1,239.75
Total : 1,239.75
48460 3/26/2021 00861 STAPLES CONTRACT & COMMERICAL 8061451441 FEB'21 OFFICE SUPPLIES 6,230.76
Total : 6,230.76
48461 3/26/2021 00875 STATE WATER RESOURCE CTRL BD SW-0205676 FY 20/21 SWRCB ANNUAL PERMIT FEE 29,969.00
Total : 29,969.00
48462 3/26/2021 02031 SUBWAY CK REQ 3/15 MEALS FOR SENIOR LUNCHES 840.00
Total : 840.00
48463 3/26/2021 01053 SUN CITY HARDWARE 672677 2/1 COMM SVCS & P/W SUPPLIES 363.47
Total : 363.47
48464 3/26/2021 01034 TEMECULA WINNELSON CO.224427 01 PD HEADQUARTERS FACILITY MAINTENANCE 53.57
Total : 53.57
48465 3/26/2021 00098 THE GAS COMPANY 008 125 8251 8 2/25 FEB'21 CSA 145 GAS SVCS 70.24
235.28FEB'21 FIRE STATION #7 GAS SVCS047 770 7105 3 2/24
112.13FEB'21 WEST ANNEX/SENIOR CTR GAS SVCS064 825 8334 8 2/25
437.46FEB'21 NORTH ANNEX GAS SVCS069 025 8387 8 2/25
36.55FEB'21 PW YARD GAS SVCS071 023 9513 9 2/24
23.20FEB'21 POLICE DEPT (BLDG A) GAS SVCS091 934 9672 7 2/25
92.86FEB'21 POLICE DEPT (BLDG B) GAS SVCS186 436 1021 7 2/25
Total : 1,007.72
48466 3/26/2021 00854 THE LLOYD PEST CONTROL CO, INC 7339523 MAR'21 CITY HALL PEST CONTROL SVCS 75.00
18Page:
Item Title:10.2 Warrant Register
Item Page Number:19
Menifee Mayor and City Council April 21,2021
Page 36 of 367
03/24/2021
Voucher List
City of Menifee
19
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 75.00 48466 3/26/2021 00854 00854 THE LLOYD PEST CONTROL CO, INC
48467 3/26/2021 01585 THOMSON REUTERS- WEST 843775149 02543 JAN'21 PD PUBLIC RECORDS INFORMATION SVC 658.40
Total : 658.40
48468 3/26/2021 01683 TOMMY'S EXPRESS CARWASH JANUARY 1, 2021 OCT - DEC'20 PD VEHICLE MAINT 1,350.00
702.00CITY VEHICLE MAINT OCT-DEC'20JANUARY 1, 2021
330.00CITY VEHICLE MAINT JAN-FEB'21March 12, 2021
Total : 2,382.00
48469 3/26/2021 00714 TPX COMMUNICATIONS 140733914-0 MAR'21 LOCAL & LONG DISTANCE SVCS 828.72
Total : 828.72
48470 3/26/2021 00703 UEBER HAUN I, LLC 105 APR'21 LAND LEASE AGREEMENT 5,002.90
Total : 5,002.90
48471 3/26/2021 00430 UNION BANK, N.A.1255544 FEB'21 ACCT MGMT SVCS 291.67
Total : 291.67
48472 3/26/2021 01911 US ARMOR CORPORATION 31744 02775 MENIFEE PD READY VEST G2 CARRIERS 2,104.21
Total : 2,104.21
48473 3/26/2021 00189 VERIZON WIRELESS 9874507710 FEB'21 CITY MOBILE DEVICE CHARGES 6,816.43
Total : 6,816.43
48474 3/26/2021 01425 VIDEO APPROACH 2021-005 MENIFEE BUSINESS SPOTLIGHT 1,515.00
Total : 1,515.00
48475 3/26/2021 00797 VISTA PAINT CORPORATION 2021-865740-00 P/W EQUIPMENT MAINTENANCE 71.76
Total : 71.76
48476 3/26/2021 00787 WAGEWORKS, INC.INV2648228 FEB'21 FSA MONTHLY PREMIUM 631.00
Total : 631.00
48477 3/26/2021 00270 WEST COAST LIGHTS & SIRENS INC 21071 PD VEHICLE MAINTENANCE (VEH#20-18) 108.31
Total : 108.31
48478 3/26/2021 02051 WORLDPAC INC 98192187 FLEET MATERIALS & SUPPLIES 44.44
19Page:
Item Title:10.2 Warrant Register
Item Page Number:20
Menifee Mayor and City Council April 21,2021
Page 37 of 367
03/24/2021
Voucher List
City of Menifee
20
5:11:30PM
Page:vchlist
Bank code :uboc
Voucher Date Vendor Invoice PO #Description/Account Amount
(Continued)Total : 44.44 48478 3/26/2021 02051 02051 WORLDPAC INC
Bank total : 1,195,841.24 131 Vouchers for bank code :uboc
1,195,841.24Total vouchers :Vouchers in this report 131
20Page:
Item Title:10.2 Warrant Register
Item Page Number:21
Menifee Mayor and City Council April 21,2021
Page 38 of 367
City of Menifee
US Bank Credit Card Detail
Feb'21
Last
Four of
CC Cardholder
Date of
Transaction Description Description Detail
Charge
Initiated For:
Amount Account Number
to be charged
**0278 City Card 2/4/2021 City Credit Card Charges Little Caesars - Meals For SWEET Team Meeting Non-Departmental 437.18 100-4221-50450
**0278 City Card 2/5/2021 City Credit Card Charges All In One Poster Company - Labor Law Posters Human Resources 203.47 100-4222-51400
**0278 City Card 2/9/2021 City Credit Card Charges Liebert Cassidy Whitmore - Public Employment Relations Training B.Melton & N.Jacobs Human Resources 950.00 100-4222-52211
**0278 City Card 2/16/2021 City Credit Card Charges CA Park & Rec Society - Advertising For Park Landscape Maintenance II Position Human Resources 75.00 100-4222-50428
**0278 City Card 2/16/2021 City Credit Card Charges ICMA - Advertising For Management Analyst II Position Human Resources 112.50 100-4222-50428
**7121 City Card 2/12/2021 City Credit Card Charges LawDepot.com - Legal Documents For Non-Disclosure Agreement Human Resources 33.00 100-4222-51600
**9911 City Card 1/28/2021 City Credit Card Charges Microsoft - Audio Conferencing License IT 200.00 110-4115-51350
**9911 City Card 1/28/2021 City Credit Card Charges Microsoft - Audio Conferencing License IT 88.00 110-4115-51350
**9911 City Card 1/28/2021 City Credit Card Charges Microsoft - Domestic Calling Plan IT 120.00 110-4115-51350
**9911 City Card 1/31/2021 City Credit Card Charges Microsoft - One Drive Submittal License Plan IT 30.00 110-4115-51350
**9911 City Card 2/1/2021 City Credit Card Charges Microsoft - Microsoft Defender Software Description IT 5.00 110-4115-51350
**9911 City Card 2/1/2021 City Credit Card Charges Microsoft - Exhange Online Subscription Plan IT 152.00 110-4115-51350
**9911 City Card 2/2/2021 City Credit Card Charges Network Solutions - Monthly Hosting Fees for MenifeeCares.com IT 23.97 110-4350-51350
**9911 City Card 2/4/2021 City Credit Card Charges Canva - Canva Pro Subscription For Public Information Officer IT 119.40 110-4111-51350
**9911 City Card 2/4/2021 City Credit Card Charges Canva - Canva Pro Subscription For Public Information Officer IT 119.40 110-4111-51350
**9911 City Card 2/5/2021 City Credit Card Charges WM Tracker - Battery Recycle Containers For City Hall IT 437.00 110-4115-52500
**9911 City Card 2/8/2021 City Credit Card Charges TrippLite - Lock Replacement For Server Cage IT 34.58 110-4115-52500
**9911 City Card 2/10/2021 City Credit Card Charges Rev.com - Live Caption Services For Zoom Meetings IT 20.00 110-4115-51350
**9911 City Card 2/12/2021 City Credit Card Charges Zoom - Zoom Account Annual License IT 624.35 110-4115-51350
**9911 City Card 2/14/2021 City Credit Card Charges Sling.com - Sling TV Services For City Manager's Office IT 45.00 110-4111-51350
**9911 City Card 2/15/2021 City Credit Card Charges Keeper Security - Password Management Solution For IT Department IT 300.00 110-4115-51350
**9911 City Card 2/16/2021 City Credit Card Charges Keeper Security - Password Management Solution Cloud Storage IT 498.65 110-4115-51350
**9911 City Card 2/16/2021 City Credit Card Charges Best Buy - Iphone Case For Public Works Department IT 88.06 110-4550-52039
**9911 City Card 2/24/2021 City Credit Card Charges Ring Central - Video Meeting Software IT 16.14 110-4115-51350
**1678 City Card 1/28/2021 City Credit Card Charges Riverside County Sheriff's - Traffic Collision Investigation Training K.Williams K.Williams 136.99 100-4911-52211
**1678 City Card 2/1/2021 City Credit Card Charges San Bernardino Sheriff's Department - Traffic Collision Investigation Training A.Clay & M.Harper A.Clay & M.Harper 412.00 100-4911-52211
**1678 City Card 2/1/2021 City Credit Card Charges Town & Country San Diego - Hotel Accomodations For Law Enforcement Executive Training S.Lawton S.Lawton 380.96 100-4911-52210
**1678 City Card 2/1/2021 City Credit Card Charges Riverside County Sheriff's - Search Arrest Warrant Training A.Gonzalez A.Gonzalez 139.05 100-4911-52211
**1678 City Card 2/10/2021 City Credit Card Charges Riverside County Sheriff's - Field Officer Training R.McNinch R.McNinch 165.83 100-4911-52211
**1678 City Card 2/16/2021 City Credit Card Charges Riverside County Sheriff's - Field Officer Training V.Alcala V.Alcala 165.83 100-4911-52211
**1678 City Card 2/16/2021 City Credit Card Charges Riverside County Sheriff's - Field Officer Training D.Norwood D.Norwood 165.83 100-4911-52211
**1678 City Card 2/18/2021 City Credit Card Charges California Association of Code Enforcement Officers - CACEO Webinar Registration T.Wiggins T.Wiggins 32.00 100-4332-52211
**1678 City Card 2/18/2021 City Credit Card Charges California Association of Code Enforcement Officers - CACEO Webinar Registration A.Montes A.Montes 32.00 100-4332-52211
**1678 City Card 2/18/2021 City Credit Card Charges California Association of Code Enforcement Officers - CACEO Webinar Registration D.Burks D.Burks 32.00 100-4332-52211
**1678 City Card 2/18/2021 City Credit Card Charges California Association of Code Enforcement Officers - CACEO Webinar Registration A.Kearney A.Kearney 32.00 100-4332-52211
**1678 City Card 2/18/2021 City Credit Card Charges California Association of Code Enforcement Officers - CACEO Webinar Registration B.Chavira B.Chavira 32.00 100-4332-52211
**1678 City Card 2/18/2021 City Credit Card Charges Rio Hondo College - Supervisor Course M.Bloch & D.Crawford M.Bloch & D.Crawford 456.00 100-4911-52211
**1678 City Card 2/22/2021 City Credit Card Charges San Bernardino Sheriff's Department - Driving Under the Influence Training A.Gonzalez A.Gonzalez 100.00 100-4911-52211
**1632 City Card 1/26/2021 City Credit Card Charges Don Mere's Restaurant - Supplies For Menifee Restaurant Week Economic Develoment 34.50 100-4350-51600
**1632 City Card 1/26/2021 City Credit Card Charges Gracie's Lunchbox - Supplies For Menifee Restaurant Week Economic Develoment 30.00 100-4350-51600
**1632 City Card 1/26/2021 City Credit Card Charges BJ's Restaurant - Supplies For Menifee Restaurant Week Economic Develoment 30.00 100-4350-51600
**1632 City Card 1/27/2021 City Credit Card Charges League of California Cities - City Manager's Conference Registration I.Huerta I.Huerta 225.00 100-4111-52210
**1632 City Card 1/27/2021 City Credit Card Charges Coco's - Supplies For Menifee Restaurant Week Economic Develoment 10.00 100-4350-51600
**1632 City Card 1/27/2021 City Credit Card Charges Coco's - Supplies For Menifee Restaurant Week Economic Develoment 10.00 100-4350-51600
**1632 City Card 1/27/2021 City Credit Card Charges Coco's - Supplies For Menifee Restaurant Week Economic Develoment 10.00 100-4350-51600
**1632 City Card 1/27/2021 City Credit Card Charges Provecho Grill - Supplies For Menifee Restaurant Week Economic Develoment 30.00 100-4350-51600
**1632 City Card 1/28/2021 City Credit Card Charges California Association of Public Information Officers - CAPIO Membership Dues D.Samario D.Samario 275.00 100-4111-52200
Item Title:10.2 Warrant Register
Item Page Number:22
Menifee Mayor and City Council April 21,2021
Page 39 of 367
City of Menifee
US Bank Credit Card Detail
Feb'21
Last
Four of
CC Cardholder
Date of
Transaction Description Description Detail
Charge
Initiated For:
Amount Account Number
to be charged
**1632 City Card 1/28/2021 City Credit Card Charges California Association of Public Information Officers - CAPIO Webinar Registration D.Samario D.Samario 30.00 100-4111-52211
**1632 City Card 2/1/2021 City Credit Card Charges Building News Inc - Standard Specifications Book For Public Works Department Public Works 553.67 100-4550-51600
**1632 City Card 2/5/2021 City Credit Card Charges Statewide Mini Storage - Additional Storage For Community Services Community Services 255.00 100-4660-51600
**1632 City Card 2/5/2021 City Credit Card Charges The Toll Roads - Replenish City Fleet FastTrak Account Non-Departmental 45.00 100-4221-51600
**1632 City Card 2/8/2021 City Credit Card Charges Starbucks - Supplies For Menifee Masters Program Economic Develoment 80.00 100-4350-51700
**1632 City Card 2/9/2021 City Credit Card Charges Constant Contact - Constant Contact Membership for Economic Development Economic Develoment 200.00 100-4350-51720
**1632 City Card 2/11/2021 City Credit Card Charges Forms Fulfillment Center - 1095C Forms For Human Resources Department Non-Departmental 117.31 100-4221-51010
**1632 City Card 2/11/2021 City Credit Card Charges Alliance for Innovation - MMASC Conference Registration M.Stephens M.Stephens 149.50 100-4111-52210
**1632 City Card 2/11/2021 City Credit Card Charges Liebert Cassidy Whitmore - FLSA Training Academy Registration C.Loera & G.Alarcon C.Loera & G.Alarcon 1200.00 100-4222-52211
**1632 City Card 2/12/2021 City Credit Card Charges The Toll Roads - Replenish City Fleet FastTrak Account Non-Departmental 45.00 100-4221-51600
**1632 City Card 2/17/2021 City Credit Card Charges American Planning Association - APA Conference Registration C.Kitzerow C.Kitzerow 325.00 100-4330-52210
**1632 City Card 2/17/2021 City Credit Card Charges American Planning Association - APA Conference Registration R.Fowler R.Fowler 325.00 100-4330-52210
**1632 City Card 2/17/2021 City Credit Card Charges American Planning Association - APA Conference Registration T.Harrison T.Harrison 325.00 100-4330-52210
**1632 City Card 2/17/2021 City Credit Card Charges American Planning Association - APA Conference Registration D.Darnell D.Darnell 325.00 100-4330-52210
**1632 City Card 2/17/2021 City Credit Card Charges American Planning Association - APA Conference Registration D.Bowdan D.Bowdan 325.00 100-4330-52210
**1632 City Card 2/18/2021 City Credit Card Charges Government Finance Officers Association - GFOA Membership Dues R.Clayton, A.Etienne & W.Preece R.Clayton, A.Etienne & W.Preece 640.00 100-4220-52200
**1632 City Card 2/18/2021 City Credit Card Charges HealthNet - Payment of Invoice #21037000181 City Council 1614.00 100-4110-50400
**1632 City Card 2/19/2021 City Credit Card Charges Cost Hearing & Balance Center - Pre-Employment Medical Testing for Police Officer Candidate Human Resources 150.00 100-4222-52100
**1632 City Card 2/22/2021 City Credit Card Charges Alliance for Innovation - MMASC Conference Registration I.Huerta I.Huerta 149.50 100-4111-52210
**1632 City Card 2/23/2021 City Credit Card Charges Fun Express - Supplies For Spring Festival Community Services 1300.93 100-4660-51700 21-Spring
**1632 City Card 2/24/2021 City Credit Card Charges ICMA - ICMA Webinar Registration J.Hermosillo J.Hermosillo 249.00 100-4350-52210
**2472 City Card 2/3/2021 City Credit Card Charges Dunkin Donuts - Meals For Economic Development Meeting Economic Develoment 5.34 100-4350-51600
**2472 City Card 2/5/2021 City Credit Card Charges Provecho Grill - Meals For Economic Development Meeting Economic Develoment 70.16 100-4350-51600
**2472 City Card 2/10/2021 City Credit Card Charges Carnitas Express - Meals For Economic Development Meeting Economic Develoment 42.35 100-4350-51600
**2472 City Card 2/12/2021 City Credit Card Charges Breakfast Club of Menifee - Meals For Economic Development Meeting Economic Develoment 37.48 100-4350-51600
**2472 City Card 2/13/2021 City Credit Card Charges Firehouse Subs - Meals For Economic Development Meeting Economic Develoment 44.90 100-4350-51600
**2472 City Card 2/13/2021 City Credit Card Charges Breakfast Club of Menifee - Meals For Economic Development Meeting Economic Develoment 48.48 100-4350-51600
**2472 City Card 2/19/2021 City Credit Card Charges 4Imprint - Promotional Materials For Economic Development Economic Develoment 1392.94 100-4350-51410
**9962 City Card 2/3/2021 City Credit Card Charges Gracie's Lunchbox - City Council Dinner City Council 97.50 100-4110-51600
**9962 City Card 2/18/2021 City Credit Card Charges Café Rio - City Council Dinner City Council 110.26 100-4110-51600
**9962 City Card 2/22/2021 City Credit Card Charges Laserfiche - Laserfiche Empower Conference Registration R.Elliott R.Elliott 199.00 100-4113-52210
**9962 City Card 2/24/2021 City Credit Card Charges League of California Cities - Planning Commisioners Academy Registration S.Roseen S.Roseen 250.00 100-4113-52210
**3480 City Card 2/9/2021 City Credit Card Charges Government Finance Officers Association - GFOA Membership Dues W.Preece W.Preece 65.00 100-4220-52200
**9739 City Card 1/27/2021 City Credit Card Charges Target - Rain Ponchos For Community Services Staff Community Services 68.43 100-4660-51011
**9739 City Card 1/28/2021 City Credit Card Charges USPS - Shipping Costs For Tiny Tots Program Supplies Community Services 24.50 100-4660-51011
**9739 City Card 2/5/2021 City Credit Card Charges Target - Supplies For Community Services Training Community Services 110.00 100-4660-51011
**9739 City Card 2/9/2021 City Credit Card Charges California Society of Municipal Finance Officers - Introduction to Governmental Accounting Class J.Dominguez J.Dominguez 75.00 100-4660-52211
**9739 City Card 2/11/2021 City Credit Card Charges Dollar Tree - Supplies For Community Services Community Services 23.78 100-4660-51011
**9739 City Card 2/17/2021 City Credit Card Charges SequioiaTrees.com - Supplies For Nature & Me Event Community Services 200.36 100-4660-51011
**9739 City Card 2/17/2021 City Credit Card Charges All Star Elite Sports - Community Services Uniforms Community Services 386.81 100-4660-52400
**9739 City Card 2/18/2021 City Credit Card Charges 99 Cents Store Only - Supplies For Nature & Me Event Community Services 48.83 100-4660-51011
**9739 City Card 2/19/2021 City Credit Card Charges LookOurWay.com - Custom Banners For Farmer's Market Community Services 626.25 100-4660-51300
**1016 City Card 2/22/2021 City Credit Card Charges Apple.com - Extra Storage for City Manager's Iphone City Manager 0.99 100-4111-51600
**5047 City Card 1/27/2021 City Credit Card Charges El Sobrante Dump - Disposal of Marijuana Supply Menifee PD 14.72 100-4911-51600
**5047 City Card 1/28/2021 City Credit Card Charges California Association of Code Enforcement Officers - CEU Credits For D.Burks D.Burks 112.00 100-4332-52211
**5047 City Card 2/1/2021 City Credit Card Charges Budget Blinds - Blinds for PD Headquarters Menifee PD 298.39 100-4911-53150
**5047 City Card 2/4/2021 City Credit Card Charges Intoximeters Inc. - Dry Tanks & Mouth Pieces For Breathalyzers Menifee PD 562.74 301-4911-52426
Item Title:10.2 Warrant Register
Item Page Number:23
Menifee Mayor and City Council April 21,2021
Page 40 of 367
City of Menifee
US Bank Credit Card Detail
Feb'21
Last
Four of
CC Cardholder
Date of
Transaction Description Description Detail
Charge
Initiated For:
Amount Account Number
to be charged
**5047 City Card 2/5/2021 City Credit Card Charges Sheraton San Diego - Hotel Accomodations For Leadership Development Training P.Walsh P.Walsh 169.35 100-4911-52210
**5047 City Card 2/11/2021 City Credit Card Charges El Sobrante Dump - Disposal of Marijuana Supply Menifee PD 14.72 100-4911-51600
**5047 City Card 2/22/2021 City Credit Card Charges Jersey Mikes - Meals for SWAT Commanders Meeting Menifee PD 116.55 100-4911-51600
**8389 City Card 1/27/2021 City Credit Card Charges Weather Tech - Public Works Vehicle #218 Maintenance Fleet 137.57 115-4552-52503
**8389 City Card 2/2/2021 City Credit Card Charges Richardson's - Public Works Fleet Vehicle Maintenance Fleet 96.69 115-4552-52500
**8389 City Card 2/4/2021 City Credit Card Charges California Resource Recovery Association - CRRA Webinar Registration C.Gherki C.Gherki 40.00 100-4550-52210
**8389 City Card 2/10/2021 City Credit Card Charges Trudoor - Public Works Facilities Maintenance Facilities 504.60 116-4550-52050
22069.29
Item Title:10.2 Warrant Register
Item Page Number:24
Menifee Mayor and City Council April 21,2021
Page 41 of 367
Date Paid by:Payee Description Amount
4/2/2021 ACH City Payroll Payroll Period 2/13/2021 - 2/26/2021 700,779.31
4/2/2021 ACH ICMA Payroll Period 2/13/2021 - 2/26/2021 31,623.05
TOTAL PAYROLL:732,402.36$
Date Paid by:Payee Description Amount
4/2/2021 ACH OpenEdge Credit Card Processing Fees March 2021 12,217.41
3/31/2021 ACH CALPERS - Retirement Payroll Period 2/13/2021 - 2/26/2021 84,365.25
3/31/2021 ACH CALPERS - Retirement Payroll Period 2/13/2021 - 2/26/2021 63,120.25
3/31/2021 ACH CALPERS - Unfunded Liability Employer Contributions - Unfunded Liability FY20/21 343,095.00
3/31/2021 ACH CALPERS - Unfunded Liability Employer Contributions - Unfunded Liability FY20/21 78,856.00
TOTAL OTHER EFT'S:581,653.91$
TOTAL PAYMENTS:1,314,056.27$
Payroll Register, Taxes and Other EFT's/Wires
City of Menifee
April 21, 2021
Item Title:10.2 Warrant Register
Item Page Number:25
Menifee Mayor and City Council April 21,2021
Page 42 of 367
Status
02/04/2021 175.00 175.00
175.00
1 check in this report Total Checks:175.00
Invoice Inv. Date Amount Paid Check Total
48072 02/18/2021 02093 BRANDON SHERWOOD V 03/11/2021 CK REQ 2/4
Check #Date Vendor Clear/Void Date
A/P Void Check Listing
Item Title:10.2 Warrant Register
Item Page Number:26
Menifee Mayor and City Council April 21,2021
Page 43 of 367
CITY OF MENIFEE
SUBJECT: Treasurer's Report, February 2021
MEETING DATE: April 21, 2021
TO: Mayor and City Council
PREPARED BY: Wendy Preece, Deputy Finance Director
REVIEWED BY: Rochelle Clayton, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
Approve the Treasurer’s Report for February 2021.
DISCUSSION
Attached is the Treasurer’s report for Cash and Investments for the month of February 2021.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Treasurer’s Report, February 2021
Item Title:10.3 Treasurer's Report,February 2021
Item Page Number:1
Menifee Mayor and City Council April 21,2021
Page 44 of 367
Item Title:10.3 Treasurer's Report,February 2021
Item Page Number:2
Menifee Mayor and City Council April 21,2021
Page 45 of 367
CITY OF MENIFEE
SUBJECT: Community Project Funding Clarifying Resolution
MEETING DATE: April 21, 2021
TO: Mayor and City Council
PREPARED BY: Imelda Huerta, Senior Management Analyst
REVIEWED BY: Jeff Wyman, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt a Resolution authorizing and supporting the submission of three (3) Community Project
Funding request applications to the Office of Congressman Ken Calvert, which includes
Capital Improvement Plan (CIP) Projects CIP 13-04 Bradley Road Bridge over Salt Creek,
CIP 20-01 Scott Road / Bundy Canyon Road Widening, and Axon In-Car Cameras for the
Menifee Police Department (PD) Patrol Vehicles.
DISCUSSION
April 7, 2021, during a regular session City Council meeting, City Council and staff discussed
projects to be submitted as part of the Congressional Earmark/Community Project Funding
process. The projects discussed were CIP 13-04 Bradley Road Bridge over Salt Creek, CIP 20-
01 Scott Road / Bundy Canyon Road Widening, CIP 14-01 McCall Interchange, and Axon In-Car
Cameras for Menifee PD Patrol Vehicles.
The City Council agreed that, although CIP 14-01 is identified as a preferred project in Resolution
21-1010, that the required time line for completion would be difficult to achieve and authorized
the City Manager to exercise his authority under the Resolution to replace that project with the
Axon In-Car Cameras project.
As a result, the following three projects would be recommended to Congressman Calvert for
Congressional Earmark/Community Project Funding:
CIP 13-04 Bradley Road Bridge over Salt Creek
CIP 20-01 Scott Road / Bundy Canyon Road Widening
Axon In-Car Cameras for Menifee PD Patrol Vehicles
Item Title:10.4 Community Project Funding Clarifying Resolution
Item Page Number:1
Menifee Mayor and City Council April 21,2021
Page 46 of 367
City of Menifee Staff Report
Community Project Funding Resolution
April 21, 2021
Page 2 of 2
4
4
0
For accurate record keeping this agenda item merely clarifies Resolution 21-1010 to reflect all
changes and accurate data as related to proposed projects. This includes replacing CIP 14-01
with the Axon In-Car Cameras project as well as a correction to the funding gap amount for the
CIP 20-01 Scott Road / Bundy Canyon Road Widening project.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
This item incorporates all Strategic Plan goals.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Updated Resolution
2. Resolution 21-1010
Item Title:10.4 Community Project Funding Clarifying Resolution
Item Page Number:2
Menifee Mayor and City Council April 21,2021
Page 47 of 367
1
4
3
1
0
5
RESOLUTION NO. 21-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
AUTHORIZING AND SUPPORTING THE SUBMISSION OF THREE (3) COMMUNITY
PROJECT FUNDING REQUEST APPLICATIONS TO THE OFFICE OF
CONGRESSMAN KEN CALVERT, WHICH INCLUDES CAPITAL IMPROVEMENT
PLAN (CIP) PROJECTS CIP 13-04 BRADLEY ROAD BRIDGE OVER SALT CREEK,
CIP 20-01 SCOTT ROAD / BUNDY CANYON ROAD WIDENING, AND AXON IN-CAR
CAMERAS FOR THE MENIFEE POLICE DEPARTMENT (PD) PATROL VEHICLES
WHEREAS, the United States (U.S.) House of Representatives is considering the inclusion of
Community Project Funding requests as delineated by the House Appropriations Committee; and
WHEREAS, in accordance with reforms being instituted, only state and local governmental
entities and eligible nonprofit organizations may submit requests for Community Project Funding; and
WHEREAS, each Member of U.S. Congress can submit no more than ten (10) total Community
Project Funding requests, and the City of Menifee has been asked to submit no more than three (3)
federal nexus projects; and
WHEREAS, the U.S. Government Accountability Office will conduct regular audits of sampled
community projects that are funded; and
WHEREAS, the Community Project Funding cannot exceed one percent (1%) that goes through
the Appropriations Committee (an annual limit of about $15 billion) for the United States; and
WHEREAS, staff analyzed projects, including Capital Improvement Plan (CIP) projects, and
formally recommended four (4) community and regional projects (in order of priority) based on social
equity, federal nexus, impacts to health and safety of residents, businesses, and visitors and
congressional interest:
(1) CIP 13-04 Bradley Road Bridge over Salt Creek
(2) CIP 20-01 Scott Road / Bundy Canyon Road Widening
(3) CIP 14-01 McCall Boulevard / I-215 Interchange
Alternative (3) Axon In-Car Cameras for Menifee PD Patrol Vehicles; and
WHEREAS, on April 7, 2021 City Council voted to submit Community Project Funding
applications for CIP 13-04 Bradley Road Bridge over Salt Creek, CIP 20-01 Scott Road / Bundy Canyon
Road Widening, and Axon In-Car Cameras for Menifee PD Patrol Vehicles; and
WHEREAS, Salt Creek is a regional flood control facility, in the City of Menifee, that has a FEMA
nexus, that is owned, maintained, and operated by the County of Riverside Flood Control and Water
Conservation District (RCFC&WCD); Salt Creek runs east to west across the entire width of City of
Menifee and discharges into Canyon Lake; and
WHEREAS, the Bradley Road Bridge over Salt Creek project will construct a raised bridge across
Salt Creek replacing the existing at grade crossing and reducing repeated severe closures at the
crossing, including reducing life threatening events for which calls for first responders’ service are made,
as well as linking amenities on one end of the City of Menifee to the other. The total cost of the project is
$14M, with a funding gap of $3M; and
WHEREAS, Scott Road / Bundy Canyon Road is an existing two-lane regional facility which
Item Title:10.4 Community Project Funding Clarifying Resolution
Item Page Number:3
Menifee Mayor and City Council April 21,2021
Page 48 of 367
2
4
3
1
0
5
provides a regional east-west connection between the I-15 and I-215 freeways linking the Cities of
Wildomar, Menifee, Murrieta, and unincorporated areas of Riverside County; and
WHEREAS, Scott Road / Bundy Canyon Road has experienced increased traffic demand due to
residential and commercial development along the corridor. Due to the rural and narrow conditions of the
roadway, Scott Road / Bundy Canyon road has seen an increase of vehicle collisions from moderate to
severe accidents; and
WHEREAS, the Scott Road / Bundy Canyon Road Widening Project will widen the existing two-
lane road to a four-lane major arterial within the City of Menifee from Sunset Avenue to Haun Road. The
project will address roadway geometry issues, upgrade drainage facilities, and provide dedicated bicycle
lanes on both sides. The 2.77-mile stretch improvement project will significantly improve driver safety
and reduce accident fatality along this high traveled multi-jurisdiction corridor. The total cost of the project
is $30M, with a revised funding gap of $14M; and
WHEREAS, the creation of the Menifee Police Department has resulted in the need to purchase
large quantities of equipment to sufficiently outfit the sworn officers and has created the opportunity to
explore the newest technology to meet the ever-changing environment that police personnel find
themselves faced with; and
WHEREAS, the Menifee Police Department currently utilizes the Axon body worn cameras for all
field staff and the addition of the in-car camera systems in patrol vehicles will create a wider net of
transparency and documentation in this information driven age; and
WHEREAS, the in-car camera is a reactive tool that will expedite the investigative process and
provide conclusive evidence of guilt or innocence involving criminal cases and will greatly enhance overall
safety and protection. The total cost for this project is $542,880;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California
hereby resolve as follows:
Section 1. Authorizes the submission of an application for CIP 13-04 Bradley Road Bridge over Salt
Creek, CIP 20-01 Scott Road / Bundy Canyon Road Widening, and Axon In-Car Cameras for Menifee
PD Patrol Vehicles as Menifee Community Projects that are significant to the City of Menifee’s circulation
plans, Strategic Visioning Plan, and regional plans that without the federal assistance would delay severe
improvements that are needed to reduce flooding, traffic circulation, and overall safety impacts to the
region.
Section 2. Certifies that are no conflicts of interests posed by any Menifee City Council Member or City
staff member in the submission of the included projects.
Section 3. Certifies full support of the noted projects.
Section 4. Authorizes the City Manager or designee to take all actions necessary pertaining to the
Community Project Funding requests.
Section 5. Authorizes City staff to coordinate with the Office of Congressman Ken Calvert to facilitate the
Community Project Funding requests, and periodically report back to this City Council regarding of the
status of the request(s).
Section 6. Authorizes the City Manager or designee to substitute another project or CIP for any of the
above-listed CIPs or projects if doing so will increase the likelihood of receipt of federal funding for a
project identified by the City of Menifee.
Item Title:10.4 Community Project Funding Clarifying Resolution
Item Page Number:4
Menifee Mayor and City Council April 21,2021
Page 49 of 367
3
4
3
1
0
5
Section 7. This Resolution shall take effect immediately.
PASSED, APPROVED AND ADOPTED this 21st day of April, 2021
Bill Zimmerman, Mayor
Attest:
Sarah A. Manwaring, City Clerk
Approved as to form:
Jeffrey T. Melching, City Attorney
Item Title:10.4 Community Project Funding Clarifying Resolution
Item Page Number:5
Menifee Mayor and City Council April 21,2021
Page 50 of 367
1
RESOLUTION NO. 21-1010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
AUTHORIZING AND SUPPORTING THE SUBMISSION OF THREE (3) CAPITAL
IMPROVEMENT PLAN (CIP) PROJECTS VIA THE CONGRESSIONAL COMMUNITY
PROJECT FUNDING APPLICATION PROCESS
WHEREAS, the United States (U.S.) House of Representatives is considering the inclusion of
Community Project Funding requests as delineated by the House Appropriations Committee; and
WHEREAS, in accordance with reforms being instituted, only state and local governmental
entities and eligible nonprofit organizations may submit requests for Community Project Funding; and
WHEREAS, each Member of U.S. Congress can submit no more than ten (10) total Community
Project Funding requests, and the City of Menifee has been asked to submit no more than three (3)
federal nexus projects; and
WHEREAS, the U.S. Government Accountability Office will conduct regular audits of sampled
community projects that are funded; and
WHEREAS, the Community Project Funding cannot exceed one percent (1%) that goes through
the Appropriations Committee (an annual limit of about $15 billion) for the United States; and
WHEREAS, staff has analyzed Capital Improvement Plan (CIP) Projects and formally recommend
the three (3) community and regional projects (in order of priority) based on social equity, federal nexus,
impacts to the health and safety of residents, business, and visitors, and congressional interest:
(1)CIP 13-04 Bradley Road Bridge over Salt Creek
(2)CIP 20-01 Scott Road / Bundy Canyon Road Widening
(3)CIP 14-01 McCall Boulevard / I-215 Interchange
WHEREAS, Salt Creek is a regional flood control facility, in the City of Menifee, that has a FEMA
nexus, that is owned, maintained, and operated by the County of Riverside Flood Control and Water
Conservation District (RCFC&WCD); Salt Creek runs east to west across the entire width of City of
Menifee and discharges into Canyon Lake; and
WHEREAS, the Bradley Road Bridge over Salt Creek project will construct a raised bridge across
Salt Creek replacing the existing at grade crossing and reducing repeated severe closures at the
crossing, including reducing life threatening events for which calls for first responders’ service are made,
as well as linking amenities on one end of the City of Menifee to the other. The total cost of the project is
$14M, with a funding gap of $3M; and
WHEREAS, Scott Road / Bundy Canyon Road is an existing two-lane regional facility which
provides a regional east-west connection between the I-15 and I-215 freeways linking the Cities of
Wildomar, Menifee, Murrieta, and unincorporated areas of Riverside County; and
WHEREAS, Scott Road / Bundy Canyon Road has experienced increased traffic demand due to
residential and commercial development along the corridor. Due to the rural and narrow conditions of
the roadway, Scott Road / Bundy Canyon road has seen an increase of vehicle collisions from moderate
to severe accidents; and
WHEREAS, the Scott Road / Bundy Canyon Road Widening Project will widen the existing two-
lane road to a four-lane major arterial within the City of Menifee from Sunset Avenue to Haun Road. The
DocuSign Envelope ID: B418BD15-43A2-4AD8-B351-BD8202276ACD
Item Title:10.4 Community Project Funding Clarifying Resolution
Item Page Number:6
Menifee Mayor and City Council April 21,2021
Page 51 of 367
2
project will address roadway geometry issues, upgrade drainage facilities, and provide dedicated bicycle
lanes on both sides. The 2.77-mile stretch improvement project will significantly improve driver safety
and reduce accident fatality along this high traveled multi-jurisdiction corridor. The total cost of the project
is $30M, with a funding gap of $12M; and
WHEREAS, McCall Boulevard Interchange is an existing freeway connection facility which
includes on and off ramps and a four-lane overpass with dedicated on-ramp single left turn pockets. This
facility was built in the 1960’s and has gone through major earthquake retrofits and damage restoration;
and
WHEREAS, McCall Boulevard is an existing four-lane major thoroughfare which connects the
historical senior community of Sun City to the west, and Menifee Global Medical Center, Master Planned
Communities of Legado and Heritage Lake and unincorporated areas of Riverside County to the east.
McCall Boulevard has experienced increased traffic demand due to large residential and commercial
developments on the east side of the I-215 freeway. The increased traffic currently creates severe traffic
congestion during peak hours. The facility is severely impacted with traffic now, and is not constructed to
its ultimate design to withstand forecasted traffic in the near future; and
WHEREAS, the McCall Boulevard / I-215 Interchange Project from Sun City Boulevard to Encanto
Drive will improve regional traffic circulation by widening the overpass and approaching lanes from four
to six through lanes and dedicated double left turn pockets at the freeway access points. The highway
overcrossing features geometry realignments of the on-and off ramps, improved pedestrian and bicycle
accessibility, improved lighting, and aesthetics. The total cost of the project is $35M, with a funding gap
of $15M;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California
hereby resolve as follows:
Section 1. Authorizes the submission of an application for CIP 13-04 Bradley Road Bridge over Salt
Creek, CIP 20-01 Scott Road / Bundy Canyon Road Widening, and CIP 14-01 McCall Boulevard / I-215
Interchange projects to be submitted as Menifee Community Projects that are significant to the City of
Menifee’s circulation plans, and regional plans that without the federal assistance would delay severe
improvements that are needed to reduce flooding, traffic circulation, and safety impacts to the region.
Section 2. Certifies that are no conflicts of interests posed by any Menifee City Council Member or
City staff member in the submission of the included projects.
Section 3. Certifies full support of the noted projects.
Section 4. Authorizes the City Manager or designee to take all actions necessary pertaining to the
Community Project Funding requests.
Section 5. Authorizes City staff to coordinate with the Office of Congressman Ken Calvert to facilitate
the Community Project Funding requests, and periodically report back to this City Council regarding of
the status of the request(s).
Section 6. Authorizes the City Manager or designee to substitute another project or CIP for any of the
above-listed CIPs if doing so will increase the likelihood of receipt of federal funding for a project
identified by the City of Menifee.
Section 7. This Resolution shall take effect immediately.
DocuSign Envelope ID: B418BD15-43A2-4AD8-B351-BD8202276ACD
Item Title:10.4 Community Project Funding Clarifying Resolution
Item Page Number:7
Menifee Mayor and City Council April 21,2021
Page 52 of 367
3
PASSED, APPROVED AND ADOPTED this 7th day of April, 2021
Bill Zimmerman, Mayor
Attest:
Sarah A. Manwaring, City Clerk
Approved as to form:
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: B418BD15-43A2-4AD8-B351-BD8202276ACD
Item Title:10.4 Community Project Funding Clarifying Resolution
Item Page Number:8
Menifee Mayor and City Council April 21,2021
Page 53 of 367
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the
foregoing Resolution No. 21- 1010 was duly adopted by the City Council of the City of
Menifee at a meeting thereof held on the 7th day of April 2021 by the following vote:
Ayes: Deines, Liesemeyer, Sobek, Zimmerman
Noes: None
Absent: Karwin
Abstain: None
_______________________________
Sarah A. Manwaring, City Clerk
DocuSign Envelope ID: B418BD15-43A2-4AD8-B351-BD8202276ACD
Item Title:10.4 Community Project Funding Clarifying Resolution
Item Page Number:9
Menifee Mayor and City Council April 21,2021
Page 54 of 367
CITY OF MENIFEE
SUBJECT: Resolutions of Intention to Form Community Facilities District
No. 2021-1, Banner Park
MEETING DATE: April 21, 2021
TO: Mayor and City Council
PREPARED BY: Rochelle Clayton, Deputy City Manager
REVIEWED BY: Wendy Preece, Deputy Finance Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt a Resolution of Intention to establish Community Facilities District No. 2021-1 (Banner
Park) of the City of Menifee, located east of Lindenberger Road, north of Domenigoni Parkway
and west of Briggs Road, to authorize the levy of a special tax to pay the costs of acquiring or
constructing certain facilities and to pay debt service on bonded indebtedness; and
2. Adopt a Resolution to incur bonded indebtedness in an amount not-to-exceed $17,000,000
within proposed Community Facilities District No. 2021-1 (Banner Park) of the City of Menifee.
DISCUSSION
Pulte Home Company, LLC (“Developer”) is the developer of Banner Park, Tentative Tract Map
No. 32102 (“TTM 32102”), which consists of approximately 80.6 gross acres of vacant residential
property.
The Developer is developing a residential tract containing 256 detached single family residential
units. The property is located east of Lindenberger Road, north of Domenigoni Parkway and west
of Briggs Road, as shown in the attached location map. The Developer has requested that the
City form a Community Facilities District (“CFD No. 2021-1 (Banner Park)”) in accordance with
the Mello-Roos Community Facilities Act of 1982, as amended, to finance the costs of certain
public improvements through the levy of a special tax and the issuance of bonds in an amount
not-to-exceed $17,000,000. The Developer has requested that the boundaries of CFD No. 2021-1
(Banner Park) include the area described in Attachment A of the Resolution of Intention to
Establish CFD No. 2021-1 (the “Resolution of Intention”) and that special taxes be levied within
the boundaries of CFD No. 2021-1 in accordance with the Rate and Method of Apportionment
(the “RMA”) as described in Attachment C to the Resolution of Intention.
Item Title:10.5
Resolutions of Intention to Form Community Facilities District No.2021-1,Banner Park
Item Page Number:1
Menifee Mayor and City Council April 21,2021
Page 55 of 367
City of Menifee Staff Report
Resolutions of Intention to Form CFD No. 2021-1 (Banner Park)
April 21, 2021
Page 2 of 2
4
3
9
The Resolution of Intention is the first step in the process of forming the CFD. The attached
Resolutions declare the City’s intention to establish CFD No. 2021-1 (Banner Park), its intention
to incur bonded indebtedness by CFD No. 2021-1 and call for a public hearing. A public hearing
on the matter will take place on June 2, 2021, and at that time the Council will formally consider
approval to form CFD No. 2021-1 (Banner Park) and hold an election on the approval of the
special taxes and the need to incur bonded indebtedness within CFD No. 2021-1 (Banner Park).
The Developer proposes to enter into joint community facilities agreements (the “JCFAs”) with
each of Eastern Municipal Water District (the “Water District”) and Menifee Union School District
(the “School District”) relating to certain facilities proposed to be financed by the District and
owned and operated by the Water District and the School District, as applicable, and the District
expects to enter into the JCFAs prior to the approval of the issuance of bonds pursuant to the Act.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
Pulte Home Company, LLC made a deposit to pay for the costs of the formation proceedings.
CFD No. 2021-1 (Banner Park) will annually levy special taxes on all of the taxable property within
the district in accordance with the RMA in order to pay for the costs of facilities, debt service on
bonds and administration of CFD No. 2021-1 (Banner Park). Any bonds issued by CFD No. 2021-
1 are not obligations of the City and will be secured solely by the Special Taxes levied in CFD No.
2021-1 (Banner Park).
ATTACHMENTS
1. CFD 2021-1 Boundary Map
2. CFD 2021-1 Project Map
3. Resolution of Intention to Establish City of Menifee CFD 2021-1 (Banner Park)
4. Resolution of Intention to Incur Debt City of Menifee CFD 2021-1 (Banner Park)
5. Landowner Petition for City of Menifee CFD 2021-1
Item Title:10.5
Resolutions of Intention to Form Community Facilities District No.2021-1,Banner Park
Item Page Number:2
Menifee Mayor and City Council April 21,2021
Page 56 of 367
C HAPARRAL
DR
FALCON HILL DR
LINDENBERGER
RD
BRIGGS
RD
DOMENIGONI
PKWY
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(BANNER PARK)
CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2021-1
(BANNER PARK), CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL
OF THE CITY OF MENIFEE AT A REGULAR MEETING
THEREOF, HELD ON ______ DAY OF ______, 20____,
BY RESOLUTION NO. _______________
___________________________________
CITY CLERK
CITY OF MENIFEE
FILED IN THE OFFICE OF THE CITY CLERK, CITY OF MENIFEE,
THIS ____ DAY OF ________, 20____.
______________________________
CITY CLERK
CITY OF MENIFEE
RECORDED THIS ____ DAY OF _______________, 20____ AT
THE HOUR OF ____ O'CLOCK __M IN BOOK _____
PAGE _____ OF MAPS OF ASSESSMENT AND COMMUNITY
FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY
RECORDER, IN THE COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA.
FEE: _____________ NO.: ______________________
PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER
BY: _______________________________
DEPUTY
CFD 2021-1
\_
·|}þ74·|}þ74
§¨¦215
MENIFEE
THIS BOUNDARY MAP CORRECTLY SHOWS THE BOUNDARIESOF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR'S MAPS FORFISCAL YEAR 2020-21. 0 750 1,500375 Feet -
PROPOSED BOUNDARY MAP
LEGEND
CFD BOUNDARY
PARCEL LINE
CITY BOUNDARY
XXX-XXX-XXX ASSESSOR PARCEL NUMBER
340-050-032
340-050-032
340-050-034
340-050-034
340-0
5
0
-
0
3
4
340
-
0
5
0
-
0
3
4
Item Title: 10.5 Resolutions of Intention to Form Community Facilities District No. 2021-1, Banner ParkItem Page Number: 3
Menifee Mayor and City Council April 21, 2021Page 57 of 367
ATTACHMENT #2
PROJECT LOCATION MAP
CFD NO. 2021-1 (BANNER PARK)
Item Title: 10.5 Resolutions of Intention to Form Community Facilities District No. 2021-1, Banner ParkItem Page Number: 4
Menifee Mayor and City Council April 21, 2021Page 58 of 367
4831-8181-7821v4/200299-0005
RESOLUTION NO. 2021-__
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF MENIFEE TO ESTABLISH COMMUNITY FACILITIES
DISTRICT NO. 2021-1 (BANNER PARK) OF THE CITY OF
MENIFEE, TO AUTHORIZE THE LEVY OF A SPECIAL TAX TO
PAY THE COSTS OF ACQUIRING OR CONSTRUCTING CERTAIN
FACILITIES AND TO PAY DEBT SERVICE ON BONDED
INDEBTEDNESS
WHEREAS, the City of Menifee (the “City”) received a petition signed by the owner of
more than ten percent of the land within the boundaries of the territory which is proposed for
inclusion in a proposed community facilities district, which petition meets the requirements of
Sections 53318 and 53319 of the Government Code of the State of California; and
WHEREAS, the City Council of the City (the “City Council”) desires to adopt this
resolution of intention as provided in Section 53321 of the Government Code of the State of
California to establish a community facilities district consisting of the territory described in
Attachment “A” hereto and incorporated herein by this reference, which the City Council hereby
determines shall be known as “Community Facilities District No. 2021-1 (Banner Park) of the
City of Menifee” (“Community Facilities District No. 2021-1” or the “District”) pursuant to the
Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of
the Government Code (the “Act”) to finance (1) the purchase, construction, modification,
expansion, improvement or rehabilitation of certain real or other tangible property described in
Attachment “B” hereto and incorporated herein by this reference, including all furnishings,
equipment and supplies related thereto (collectively, the “Facilities”), which Facilities have a
useful life of five years or longer, and (2) the incidental expenses to be incurred in connection
with financing the Facilities and forming and administering the District (the “Incidental
Expenses”); and
WHEREAS, the City Council further intends to approve an estimate of the costs of the
Facilities and the Incidental Expenses for Community Facilities District No. 2021-1; and
WHEREAS, it is the intention of the City Council to consider financing the Facilities and
the Incidental Expenses through the formation of Community Facilities District No. 2021-1 and
the issuance of bonded indebtedness in an amount not to exceed $17,000,000 with respect to
the Facilities and the Incidental Expenses and the levy of a special tax to pay for the Facilities
and the Incidental Expenses (the “Special Tax”) and to pay debt service on the bonded
indebtedness, provided that the bond sale and such Special Tax levy are approved at an
election to be held within the boundaries of Community Facilities District No. 2021-1;
WHEREAS, the District and Pulte Home Company, LLC, a Michigan limited liability
company and/or Diamond Brothers Five Partnership, LP, a California limited partnership (the
“Developer”) propose to enter into joint community facilities agreements (the “JCFAs”) with each
of Eastern Municipal Water District (the “Water District”) and Menifee Union School District (the
“School District”) relating to certain facilities proposed to be financed by the District and owned
and operated by the Water District and the School District, as applicable, and the District
expects to enter into the JCFAs prior to the approval of the issuance of bonds pursuant to the
Act.
Item Title:10.5
Resolutions of Intention to Form Community Facilities District No.2021-1,Banner Park
Item Page Number:5
Menifee Mayor and City Council April 21,2021
Page 59 of 367
2
4831-8181-7821v4/200299-0005
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The above recitals are true and correct.
Section 2. A community facilities district is proposed to be established under the terms of
the Act. It is further proposed that the boundaries of the community facilities district shall be the
legal boundaries as described in Attachment “A” hereto, which boundaries shall, upon
recordation of the boundary map for the District, include the entirety of any parcel subject to
taxation by the District, and as depicted on the map of the proposed Community Facilities
District No. 2021-1 which is on file with the City Clerk. The City Clerk is hereby directed to sign
the original map of the District and record it with all proper endorsements thereon with the
Assessor-County Clerk-Recorder of the County of Riverside within 15 days after the adoption of
this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of
California.
Section 3. The name of the proposed community facilities district shall be “Community
Facilities District No. 2021-1 (Banner Park) of the City of Menifee.”
Section 4.The Facilities proposed to be provided within Community Facilities District
No. 2021-1 are public facilities as defined in the Act, which the City, the Water District, the
School District and any public utility described in the Act, with respect to certain water and
sewer facilities, school and public utilities facilities, as applicable, are authorized by law to
construct, acquire, own and operate. The City Council hereby finds and determines that the
description of the Facilities herein is sufficiently informative to allow taxpayers within the
proposed District to understand what the funds of the District may be used to finance. The
Incidental Expenses expected to be incurred include the cost of planning and designing the
Facilities, the costs of forming the District, issuing bonds and levying and collecting the Special
Tax within the proposed District. The Facilities may be acquired from one or more of the
property owners within the District as completed public improvements or may be constructed
from bond or Special Tax proceeds.
All or a portion of the Facilities may be purchased with District funds as completed public
facilities pursuant to Section 53314.9 or as discrete portions or phases pursuant to
Section 53313.51 of the Act and/or constructed with District funds pursuant to Section 53316.2
of the Act. Any portion of the Facilities may be financed through a lease or lease-purchase
arrangement if the District hereafter determines that such arrangement is of benefit to the
District.
Section 5.Except where funds are otherwise available, it is the intention of the City Council
to levy annually in accordance with the procedures contained in the Act the Special Tax,
secured by recordation of a continuing lien against all nonexempt real property in the District,
sufficient to pay for: (i) the Facilities and Incidental Expenses; and (ii) the principal and interest
and other periodic costs on bonds or other indebtedness issued to finance the Facilities and
Incidental Expenses, including the establishment and replenishment of any reserve funds
deemed necessary by the District, and any remarketing, credit enhancement and liquidity facility
fees (including such fees for instruments which serve as the basis of a reserve fund in lieu of
cash). The rate and method of apportionment and manner of collection of the Special Tax are
described in detail in Attachment “C” attached hereto, which Attachment “C” is incorporated
herein by this reference. Attachment “C” allows each landowner within the District to estimate
the maximum amount of the Special Tax that may be levied against each parcel. In the first
Item Title:10.5
Resolutions of Intention to Form Community Facilities District No.2021-1,Banner Park
Item Page Number:6
Menifee Mayor and City Council April 21,2021
Page 60 of 367
3
4831-8181-7821v4/200299-0005
year in which such Special Tax is levied, the levy shall include an amount sufficient to repay to
the District all amounts, if any, transferred to the District pursuant to Section 53314 of the Act
and interest thereon.
If the Special Tax is levied against any parcel used for private residential purposes, (i) the
maximum Special Tax rate shall be specified as a dollar amount which shall be calculated and
established not later than the date on which the parcel is first subject to the Special Tax
because of its use for private residential purposes and shall not be increased over time, except
as set forth in Attachment “C” hereto, (ii) such Special Tax shall not be levied after fiscal year
2064-2065, as described in Attachment “C” hereto, and (iii) under no circumstances will the
Special Tax levied in any fiscal year against any such parcel used for private residential uses be
increased as a consequence of delinquency or default by the owner or owners of any other
parcel or parcels within the District by more than ten percent (10%) above the amount that
would have been levied in that fiscal year had there never been any such delinquencies or
defaults.
The Special Tax is based on the expected demand that each parcel of real property within
proposed Community Facilities District No. 2021-1 will place on the Facilities and on the benefit
that each parcel derives from the right to access the Facilities. The City Council hereby
determines that the proposed Facilities are necessary to meet the increased demand placed
upon the City and the existing infrastructure in the City as a result of the development of the
land proposed for inclusion in the District. The City Council hereby determines the rate and
method of apportionment of the special tax with respect to the Special Tax set forth in
Attachment “C” to be reasonable. The Special Tax is apportioned to each parcel on the
foregoing basis pursuant to Section 53325.3 of the Act and such special tax is not on or based
upon the value or ownership of real property. In the event that a portion of the property within
Community Facilities District No. 2021-1 shall become for any reason exempt, wholly or
partially, from the levy of the Special Tax specified on Attachment “C,” the City Council shall, on
behalf of Community Facilities District No. 2021-1, cause the levy to be increased, subject to the
limitation of the maximum Special Tax for a parcel as set forth in Attachment “C,” to the extent
necessary upon the remaining property within proposed Community Facilities District No. 2021-
1 which is not exempt in order to yield the Special Tax revenues required for the purposes
described in this Section 5. The obligation to pay the Special Tax may be prepaid only as set
forth in Section G of Attachment “C” hereto.
Section 6. A public hearing (the “Hearing”) on the establishment of the proposed
Community Facilities District No. 2021-1, the proposed rate and method of apportionment of the
Special Tax and the proposed issuance of bonds to finance the Facilities and the Incidental
Expenses shall be held at 6:00 p.m., or as soon thereafter as practicable, on June 2, 2021, at
the City Council Chambers, 29844 Haun Road, Menifee, California. Notwithstanding the
foregoing, consistent with the Governor of the State of California’s Executive Order N-29-20 or
other applicable directives, the Hearing may be held remotely with public participation via
methods to be set forth in the City Council’s agenda. Should the City Council determine to form
the District, a special election will be held to authorize the issuance of the bonds and the levy of
the special tax in accordance with the procedures contained in Government Code
Section 53326. If held, the proposed voting procedure at the election will be a landowner vote
with each landowner who is the owner of record of land within the District at the close of the
Hearing, or the authorized representative thereof, having one vote for each acre or portion
thereof owned within the proposed District. Ballots for the special election may be distributed by
mail or by personal service.
Item Title:10.5
Resolutions of Intention to Form Community Facilities District No.2021-1,Banner Park
Item Page Number:7
Menifee Mayor and City Council April 21,2021
Page 61 of 367
4
4831-8181-7821v4/200299-0005
Section 7. At the time and place set forth above for the Hearing, the City Council will receive
testimony as to whether the proposed Community Facilities District No. 2021-1 shall be
established and as to the method of apportionment of the special tax and shall consider:
(a) if an ad valorem property tax is currently being levied on property within
proposed Community Facilities District No. 2021-1 for the exclusive purpose of paying principal
of or interest on bonds, lease payments or other indebtedness incurred to finance construction
of capital facilities; and
(b) if the capital facilities to be financed and constructed by Community Facilities
District No. 2021-1 will provide the same services as were provided by the capital facilities
mentioned in subsection (a); and
(c) if the City Council makes the findings specified in subsections (a) and (b) above,
it will consider appropriate action to determine whether the total annual amount of ad valorem
property tax revenue due from parcels within Community Facilities District No. 2021-1, for
purposes of paying principal and interest on the debt identified in subsection (a) above, shall not
be increased after the date on which Community Facilities District No. 2021-1 is established, or
after a later date determined by the City Council with the concurrence of the legislative body
which levied the property tax in question.
Section 8. At the time and place set forth above for the Hearing, any interested person,
including all persons owning lands or registered to vote within proposed Community Facilities
District No. 2021-1, may appear and be heard.
Section 9. Each City officer who is or will be responsible for providing the Facilities within
proposed Community Facilities District No. 2021-1, if it is established, is hereby directed to
study the proposed District and, at or before the time of the above-mentioned Hearing, file a
report with the City Council containing a brief description of the public facilities by type which will
in his or her opinion be required to meet adequately the needs of Community Facilities District
No. 2021-1 and an estimate of the cost of providing those public facilities, including the cost of
environmental evaluations of such facilities and an estimate of the fair and reasonable cost of
any Incidental Expenses to be incurred.
Section 10. The District may accept advances of funds or work-in-kind from any source,
including, but not limited to, private persons or private entities, for any authorized purpose,
including, but not limited to, paying any cost incurred in creating Community Facilities District
No. 2021-1. The District may enter into an agreement with the person or entity advancing the
funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person
or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City
Council, with or without interest.
Section 11. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing
pursuant to Section 6061 of the Government Code in a newspaper of general circulation
published in the area of proposed Community Facilities District No. 2021-1. The City Clerk is
further directed to mail a copy of the Notice to each of the landowners within the boundaries of
the District at least 15 days prior to the Hearing. The Notice shall contain the text or a summary
of this Resolution, the time and place of the Hearing, a statement that the testimony of all
interested persons or taxpayers will be heard, a description of the protest rights of the registered
voters and landowners in the proposed district and a description of the proposed voting
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procedure for the election required by the Act. Such publication shall be completed at least
seven (7) days prior to the date of the Hearing.
Section 12. The reasonably expected maximum principal amount of the bonded
indebtedness to be incurred by the District for the Facilities and Incidental Expenses is
Seventeen Million Dollars ($17,000,000).
Section 13. Except to the extent limited in any bond resolution or trust indenture related to
the issuance of bonds, the City Council hereby reserves to itself all rights and powers set forth
in Section 53344.1 of the Act (relating to tenders in full or partial payment).
Section 14. This Resolution shall be effective upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting
held on this 21st day of April, 2021.
ATTEST: APPROVED:
Sarah A. Manwaring, City Clerk Bill Zimmerman, Mayor
APPROVED AS TO FORM:
Jeffrey T. Melching, City Attorney
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ATTACHMENT A
BOUNDARY MAP
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ATTACHMENT B
Types of Facilities
to Be Financed by Community
Facilities District No. 2021-1 (Banner Park) of the City of Menifee
The proposed types of public facilities and expenses to be financed by the District
include:
The construction, purchase, modification, expansion, rehabilitation and/or improvement
of (i) drainage, library, park, roadway, traffic, administration and general government facilities,
animal shelter facilities, fire and public safety facilities, and other public facilities of the City,
including the foregoing public facilities which are included in the City’s fee programs with
respect to such facilities and authorized to be financed under the Mello-Roos Community
Facilities Act of 1982, as amended (the “City Facilities”); (ii) water and sewer facilities including
the acquisition of capacity in the sewer system and/or water system of Eastern Municipal Water
District which are included in Eastern Municipal Water District’s water and sewer capacity and
connection fee programs (the “Water District Facilities”), (iii) interim and permanent school
facilities of Menifee Union School District, including classrooms, multi-purpose facilities,
administration and auxiliary space at school facilities, athletic fields, playgrounds and
recreational facilities and improvements thereto, landscaping, access roadways, drainage,
sidewalks and gutters and utility lines, furniture, equipment and technology, including
technology upgrades and mobile devices and infrastructure therefore, with a useful life of at
least five (5) years at such school facilities, including such school facilities of Menifee Union
School District which are included in Menifee Union School District’s school fee program (the
“School Facilities”), and (iv) electrical utility undergrounding and dry utilities (the “Utilities” and
together, with the City Facilities, the Water Facilities, and the School Facilities, the “Facilities”),
and all appurtenances and appurtenant work in connection with the foregoing Facilities,
including the cost of engineering, planning, designing, materials testing, coordination,
construction staking, construction management and supervision for such Facilities, and to
finance the incidental expenses to be incurred, including:
a. The cost of engineering, planning and designing the Facilities;
b. All costs, including costs of the property owner petitioning to form the District,
associated with the creation of the District, the issuance of the bonds, the determination of the
amount of special taxes to be levied and costs otherwise incurred in order to carry out the
authorized purposes of the District; and
c. Any other expenses incidental to the construction, acquisition, modification,
rehabilitation, completion and inspection of the Facilities.
Capitalized terms used and not defined herein shall have the meaning set forth in the
Rate and Method of Apportionment of Special Taxes for the District.
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ATTACHMENT C
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (BANNER PARK)
OF THE CITY OF MENIFEE
A Special Tax (all capitalized terms not otherwise defined herein are defined in Section A,
“Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located
within the boundaries of the City of Menifee Community Facilities District No. 2021-1 (Banner
Park) ("CFD No. 2021-1"). The amount of Special Tax to be levied in each Fiscal Year on an
Assessor’s Parcel shall be determined by the City Council of the City of Menifee, acting in its
capacity as the legislative body of CFD No. 2021-1, by applying the appropriate Special Tax for
Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped
Property that is not Exempt Property as set forth below. All of the real property, unless
exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the
extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre” or “Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown
on the applicable final map, parcel map, condominium plan, or other recorded parcel map or
instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by
43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of
the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly
related to the administration of CFD No. 2021-1: the costs of computing the Special Taxes and
preparing the Special Tax collection schedules (whether by the City or designee thereof or
both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of
remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the
discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2021-1
or any designee thereof of complying with arbitrage rebate requirements; the costs to the City,
CFD No. 2021-1 or any designee thereof of complying with continuing disclosure requirements
of the City, CFD No. 2021-1 and any major property owner associated with applicable federal
and state securities laws and the Act; the costs associated with preparing Special Tax
disclosure statements and responding to public inquiries regarding the Special Taxes; the costs
of the City, CFD No. 2021-1 or any designee thereof related to an appeal of the Special Tax; the
costs associated with the release of funds from an escrow account; and the City’s annual
administration fees and third party expenses. Administration Expenses shall also include
amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2021-1 for
any other administrative purposes of CFD No. 2021-1, including attorney’s fees and other costs
related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
"Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in
a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the
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Special Tax is being levied, (ii) that have an assigned Assessor’s Parcel Number from the
County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and
(iii) that have not been issued a building permit on or before May 1st preceding the Fiscal Year in
which the Special Tax is being levied.
"Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map
with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the Assessor of the County designating
parcels by Assessor’s Parcel Number.
"Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the
County for purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section D below.
"Backup Special Tax" means the Special Tax of that name described in Section D below.
"Bonds" means any obligation to repay a sum of money, including obligations in the form of
bonds, certificates of participation, long-term leases, loans from government agencies, or loans
from banks, other financial institutions, private businesses, or individuals, or long-term contracts,
or any refunding thereof, to which Special Tax of CFD No. 2021-1 have been pledged.
"Boundary Map" means a recorded map of the CFD which indicates the boundaries of the
CFD.
"Building Permit" means the first legal document issued by a local agency giving official
permission for new construction. For purposes of this definition, “Building Permit” may or may
not include expired or cancelled building permits, or any subsequent building permit
document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed
by the City after the first original issuance, as determined by the CFD Administrator, provided
that following such determination the Maximum Special Tax that may be levied on all Assessor’s
Parcels of Taxable Property will be at least 1.1 times annual debt service on all outstanding
Bonds plus the estimated annual Administrative Expenses.
"Building Square Footage" or "BSF" means the square footage of assessable internal living
space, exclusive of garages or other structures not used as living space, as determined by
reference to the Building Permit for such Assessor’s Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the
following December 31.
“CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement, and providing for the levy and collection of the
Special Taxes.
"CFD” or “CFD No. 2021-1" means Community Facilities District No. 2021-1 (Banner Park)
established by the City under the Act.
“City” means the City of Menifee, State of California.
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"City Council" means the City Council of the City of Menifee, acting as the legislative body of
CFD No. 2021-1.
“Condominium Plan" means a condominium plan pursuant to California Civil Code, Section
1352.
"County" means the County of Riverside, State of California.
"Developed Property" means all Assessor’s Parcels that: (i) are included in a Final Map that
was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is
being levied, and (ii) have an Assessor’s Parcel Number from the County shown on an
Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) a Building Permit
for new construction was issued on or before May 1st preceding the Fiscal Year in which the
Special Tax is being levied.
"Exempt Property" means all Assessor’s Parcels designated as being exempt from Special
Taxes as provided for in Section F.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot
line adjustment, pursuant to the Subdivision Map Act (California Government Code Section
66410 et seq.) or recordation of a Condominium Plan that creates individual lots for which
Building Permits may be issued without further subdivision.
"Fiscal Year" means the period commencing on July 1st of any year and ending the following
June 30th.
“Indenture” means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to
time, and any instrument replacing or supplementing the same.
“Land Use Category” means any of the categories listed in Table 1 of Section D.
"Maximum Special Tax" means for each Assessor’s Parcel, the maximum Special Tax,
determined in accordance with Section D below, that can be levied by CFD No. 2021-1 on such
Assessor’s Parcel.
“Multifamily Property” means all Assessor’s Parcels of Developed Property for which a
Building Permit has been issued for the purpose of constructing a building or buildings
comprised of attached Residential Units available for rental by the general public, not for sale to
an end user, and under common management, as determined by the CFD Administrator.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a
Building Permit(s) was issued for a non-residential use. The CFD Administrator shall make the
determination if an Assessor’s Parcel is Non-Residential Property.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special
Tax obligation for an Assessor’s Parcel, as described in Section G.2.
"Prepayment Amount" means the amount required to prepay the Special Tax obligation in full
for an Assessor’s Parcel, as described in Section G.1.
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“Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of
the actual Special Tax levy to the Assigned Special Tax is the same for all Assessor’s Parcels of
Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii)
Undeveloped Property or Provisional Undeveloped Property, that the ratio of the actual Special
Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels
of Undeveloped Property or Provisional Undeveloped Property, as applicable.
"Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that
would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but
cannot be classified as Exempt Property because to do so would reduce the Acreage of all
Taxable Property below the required minimum Acreage set forth in Section F.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a
Building Permit has been issued for purposes of constructing one or more Residential Units.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a
domicile by one or more persons, as determined by the CFD Administrator.
“Single Family Residential Property” means all Assessor’s Parcels of Residential Property
other than Multifamily Property.
"Special Tax" or “Special Taxes” means any of the special taxes authorized to be levied
within CFD No. 2021-1 pursuant to the Act to fund the Special Tax Requirement.
"Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt
service or the periodic costs on all outstanding Bonds due in the Calendar Year that
commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the
release of funds from an escrow account, (iv) any amount required to replenish any reserve
funds established in association with the Bonds, (v) an amount up to any anticipated shortfall
due to Special Tax delinquencies and (vi) for the collection or accumulation of funds for the
acquisition or construction of facilities authorized by CFD No. 2021-1 or the payment of debt
services on Bonds anticipated to be issued, provided that the inclusion of such amount does not
cause an increase in the levy of Special Tax on Approved Property or Undeveloped Property as
set forth in Steps Two or Three of Section E., less (vii) any amounts available to pay debt
service or other periodic costs on the Bonds pursuant to the Indenture.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2021-1, which are not
Exempt Property.
“Taxable Unit” means either a Residential Unit or an Acre.
“Trustee” means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not
Developed Property, Approved Property, or Provisional Undeveloped Property.
B. SPECIAL TAX
Commencing Fiscal Year 2021-2022 and for each subsequent Fiscal Year, the City Council
shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax, to
fund the Special Tax Requirement.
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C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2021-2022, each Assessor’s Parcel within CFD
No. 2021-1 shall be classified as Taxable Property or Exempt Property. In addition, each
Assessor’s Parcel of Taxable Property shall be further classified as Developed Property,
Approved Property, Undeveloped Property or Provisional Undeveloped Property.
Assessor’s Parcels of Developed Property shall further be classified as Residential Property or
Non-Residential Property. Each Assessor’s Parcel of Residential Property shall further be
classified as a Single Family Residential Property or Multifamily Property. Each Assessor’s
Parcel of Single Family Residential Property shall be further assigned to a Land Use Category
based on its Building Square Footage.
In the event that there are Assessor’s Parcel(s) for which one or more Building Permits for
Residential Units have been issued and the County has not yet assigned final Assessor’s Parcel
Number(s) to such Assessor’s Parcel(s) (in accordance with the Final Map or Condominium
Plan), the amount of the Special Tax levy on such Assessor’s Parcel for each Fiscal Year shall
be determined as follows: (1) the CFD Administrator shall first determine an amount of the
Maximum Special Tax for such Assessor’s Parcel, based on the classification of such
Assessor’s Parcel as Undeveloped Property; (2) the amount of the Special Tax for the
Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall
be determined based on the Developed Property Special Tax rates and such amount shall be
levied as Developed Property in accordance with Step 1 of Section E below; and (3) the amount
of the Special Tax on the Taxable Property in such Assessor’s Parcel not subject to the Special
Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate
levied on Undeveloped Property pursuant to Step 3 of Section E below, multiplied by the total of
the amount determined in clause (1), less (B) the amount determined in clause (2).
D. MAXIMUM SPECIAL TAX
1. Developed Property
The Maximum Special Tax for each Assessor’s Parcel of Developed Property classified as
Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned
Special Tax for such Assessor’s Parcel or (ii) the Backup Special Tax as described below.
The Maximum Special Tax for each Assessor’s Parcel of Developed Property classified as
Multifamily Property or Non-Residential Property shall be the applicable Assigned Special
Tax described in Table 1 of Section D.
a. Assigned Special Tax
Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily
Property or Non-Residential Property shall be subject to an Assigned Special Tax. The
Assigned Special Tax for Fiscal Year 2021-2022 applicable to an Assessor's Parcel of
Developed Property shall be determined pursuant to Table 1 below.
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TABLE 1
ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
FISCAL YEAR 2021-2022
Land Use Category
Taxable
Unit Building Square Footage
Assigned
Special Tax
Per Taxable
Unit
1. Single Family Residential Property RU Less than 2,100 sq. ft $2,452.00
2. Single Family Residential Property RU 2,100 sq. ft to 2,300 sq. ft $2,515.00
3. Single Family Residential Property RU 2,301 sq. ft to 2,500 sq. ft $2,539.00
4. Single Family Residential Property RU 2,501 sq. ft to 2,700 sq. ft $2,562.00
5. Single Family Residential Property RU 2,701 sq. ft to 2,900 sq. ft $2,689.00
6. Single Family Residential Property RU 2,901 sq. ft to 3,100 sq. ft $2,941.00
7. Single Family Residential Property RU Greater than 3,100 sq. ft $3,051.00
8. Multifamily Property Acre N/A $17,555.00
9. Non-Residential Property Acre N/A $17,555.00
On each July 1, commencing July 1, 2022, the Assigned Special Tax for Developed Property
shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
b. Multiple Land Use Categories
In some instances an Assessor’s Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax levied on an Assessor’s Parcel shall be the
sum of the Maximum Special Tax for each Taxable Unit for all Land Use Categories located
on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall
be final.
c. Backup Special Tax
The Backup Special Tax for an Assessor’s Parcel within a Final Map classified as Single
Family Residential Property or Approved Property expected to be classified as Single Family
Residential Property shall calculated according to the following formula.
B = (U x A) / L
The terms above have the following meanings:
B = Backup Special Tax per Assessor’s Parcel classified as Single Family Residential
Property or Approved Property expected to be classified as Single Family Residential
Property within the Final Map.
U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below.
A = Acreage of Single Family Residential Property expected to exist after build out in
such Final Map at the time of calculation, as determined by the Administrator
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L = Number of Assessor’s Parcels of Single Family Residential Property expected to
exist after build out in such Final Map at the time of calculation, as determined by the
Administrator.
In the event any portion of the Final Map is changed or modified, the Backup Special Tax for
all Assessor’s Parcels within such changed or modified area shall be $17,555 per Acre.
Notwithstanding the foregoing, the Backup Special Tax for an Assessor’s Parcel of
Developed Property for which a certificate of occupancy has been granted may not be
revised.
In the event any superseding Final Map is recorded as a Final Map within the boundaries of
the CFD, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be
$17,555 per Acre. The Backup Special Tax shall not apply to Multifamily Residential
Property or Non-Residential Property.
On each July 1, commencing July 1, 2022, the Backup Special Tax shall be increased by two
percent (2.00%) of the amount in effect in the prior Fiscal Year.
2. Approved Property
The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be
classified as Single Family Residential Property shall be the Backup Special Tax computed
pursuant to Section D.1.c above.
The Maximum Special Tax for each Assessor’s Parcel of Approved Property not expected to
be classified as Single Family Residential Property shall be $17,555 per Acre.
On each July 1, commencing July 1, 2022, the Maximum Special Tax rate for Approved
Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal
Year.
3. Undeveloped Property and Provisional Undeveloped Property
The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and
Provisional Undeveloped Property shall be $17,555 per Acre.
On each July 1, commencing July 1, 2022, the Maximum Special Tax rate for Undeveloped
Property and Provisional Undeveloped Property shall be increased by two percent (2.00%) of
the amount in effect in the prior Fiscal Year.
E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing Fiscal Year 2021-2022 and for each subsequent Fiscal Year, the City
Council shall levy Special Taxes on all Taxable Property in accordance with the following steps:
Step One: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of
Developed Property at up to 100% of the applicable Assigned Special Tax in
Table 1 to satisfy the Special Tax Requirement.
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Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on
each Assessor’s Parcel of Approved Property at up to 100% of the Maximum
Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the
Special Tax Requirement.
Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, the Special Tax shall be levied
Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100%
of the Maximum Special Tax applicable to each such Assessor’s Parcel as
needed to satisfy the Special Tax Requirement.
Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the
first three steps have been completed, then the Special Tax levy on each
Assessor's Parcel of Developed Property for which the Maximum Special Tax is
the Backup Special Tax shall be increased in equal percentages from the
Assigned Special Tax up to 100% of the Backup Special Tax as needed to
satisfy the Special Tax Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the
first four steps have been completed, the Special Tax shall be levied
Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property
up to 100% of the Maximum Special Tax applicable to each such Assessor’s
Parcel as needed to satisfy the Special Tax Requirement.
Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal
Year against any Assessor’s Parcel of Residential Property as a result of a delinquency in the
payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more
than ten percent (10%) above the amount that would have been levied in that Fiscal Year had
there never been any such delinquency or default.
F. EXEMPTIONS
The CFD Administrator shall classify as Exempt Property, in the following order of priority, (i)
Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or
restricted in use by the State of California, Federal or other local governments, including school
districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad
valorem property taxes because they are owned by a religious organization, (iii) Assessor’s
Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in
use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements
making impractical their utilization for anything other than the purposes set forth in the
easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or
restricted solely for public uses, (vi) Assessor’s Parcels which are classified as Non-Residential
Property or (vii) Assessor’s Parcels restricted to other types of public uses determined by the
City Council, provided that no such classification would reduce the sum of all Taxable Property
to less than 39.1 Acres.
Notwithstanding the above, the CFD Administrator shall not classify an Assessor’s Parcel as
Exempt Property if such classification would reduce the sum of all Taxable Property to less than
39.1 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such
classification would reduce the Acreage of all Taxable Property to less than 39.1 Acres will be
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classified as Provisional Undeveloped Property, and will be subject to Special Taxes pursuant to
Step Five in Section E.
G. PREPAYMENT OF SPECIAL TAX
The following additional definitions apply to this Section G:
“CFD Facilities” means $13,500,000 expressed in 2021 dollars, which shall increase by the
Construction Inflation Index on July 1, 2022, and on each July 1 thereafter, or such lower
amount (i) determined by the City Council as sufficient to provide the facilities under the
authorized bonding program for CFD No. 2021-1, or (ii) determined by the City Council
concurrently with a covenant that it will not issue any more Bonds to be supported by Special
Tax levied under this Rate and Method of Apportionment.
“Construction Fund” means an account specifically identified in the Indenture or functionally
equivalent to hold funds, which are available for expenditure to acquire or construct facilities
eligible to be financed by CFD No. 2021-1.
“Construction Inflation Index” means the greater of (i) 2% and (ii) the annual percentage
change in the Engineering News-Record Building Cost Index for the city of Los Angeles,
measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this
index ceases to be published, the Construction Inflation Index shall be another index as
determined by the City that is reasonably comparable to the Engineering News-Record Building
Cost Index for the city of Los Angeles.
“Future Facilities Costs” means the CFD Facilities minus (i) amounts deposited in the
Construction Fund, (ii) amounts deposited in any escrow accounts funded by the Outstanding
Bonds and anticipated to fund public facilities costs, and (iii) public facility costs funded by
interest earnings on the Construction Fund actually earned prior to the date of prepayment.
“Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of
Special Tax which will remain outstanding after the first interest and/or principal payment date
following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the
proceeds of prior prepayments of Special Tax.
1. Prepayment in Full
The Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s
Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped
Property for which a Building Permit has been issued, (iii) Assessor’s Parcels of Approved
Property or Undeveloped Property for which a Building Permit has not been issued and (iv)
Assessor’s Parcels of Provisional Undeveloped Property. The Special Tax obligation applicable
to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such
Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may
be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at
the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Special Tax
obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of
intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator
shall notify such owner of the amount of the non-refundable deposit determined to cover the
cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the
Assessor’s Parcel. Within 15 days of receipt of such non-refundable deposit, the CFD
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Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel.
Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to
be redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount shall be calculated as follows (some capitalized terms are
defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as
follows:
1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.
2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special
Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or
Undeveloped Property for which a Building Permit has been issued, compute the Maximum
Special Tax for the Assessor’s Parcel as though it was already designated as Developed
Property, based upon the Building Permit which has been issued for the Assessor’s Parcel.
For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a
Building Permit has not been issued, or Provisional Undeveloped Property, compute the
Maximum Special Tax for the Assessor’s Parcel.
3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total
amount of Maximum Special Taxes that could be levied assuming build out of all Assessor’s
Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s
Parcels of Developed Property not including any Assessor’s Parcels for which the Special
Tax obligation has been previously prepaid.
4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of
the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with
the Prepayment Amount (the “Bond Redemption Amount”).
5. Multiply the Bond Redemption Amount by the applicable redemption premium, if
any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).
6. Determine the Future Facilities Costs.
7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined
pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the
Assessor’s Parcel (the “Future Facilities Amount”).
8. Determine the amount needed to pay interest on the Bond Redemption Amount
from the first bond interest and/or principal payment date following the current Fiscal Year
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until the earliest redemption date for the Outstanding Bonds on which Bonds can be
redeemed from Special Tax prepayments.
9. Determine the Special Taxes levied on the Assessor’s Parcel in the current
Fiscal Year which have not yet been paid.
10. Determine the amount the CFD Administrator reasonably expects to derive from
the investment of the Bond Redemption Amount and the Redemption Premium from the
date of prepayment until the redemption date for the Outstanding Bonds to be redeemed
with the Prepayment Amount.
11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the
amount derived pursuant to paragraph 10 (the “Defeasance Amount”).
12. Verify the administrative fees and expenses of the CFD, the cost to invest the
Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of
recording notices to evidence the prepayment of the Special Tax obligation for the
Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and
Expenses”).
13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a)
the expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b)
the amount derived by subtracting the new reserve requirement (as defined in the Indenture)
in effect after the redemption of Outstanding Bonds as a result of the prepayment from the
balance in the reserve fund on the prepayment date, but in no event shall such amount be
less than zero.
14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount,
the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the
Administrative Fees and Expenses, less the Reserve Fund Credit.
15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption
Premium, and Defeasance Amount shall be deposited into the appropriate fund as
established under the Indenture and be used to redeem Outstanding Bonds or make debt
service payments. The Future Facilities Amount shall be deposited into the Construction
Fund. The Administrative Fees and Expenses shall be retained by the CFD.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of
Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be
retained in the appropriate fund established under the Indenture to be used with the next
redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service
payments.
As a result of the payment of the current Fiscal Year’s Special Tax levy as determined
pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s
Special Tax levy for the Assessor’s Parcel from the County tax roll. With respect to any
Assessor’s Parcel for which the Special Tax obligation is prepaid, the City Council shall cause a
suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special
Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the
obligation to pay the Special Tax for such Assessor’s Parcel shall cease.
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Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable
Property after the proposed prepayment will be at least 1.1 times maximum annual debt service
on the Bonds that will remain outstanding after the prepayment plus the estimated annual
Administrative Expenses.
Tenders of Bonds in prepayment of the Special Tax obligation may be accepted upon
the terms and conditions established by the City Council pursuant to the Act. However, the use
of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the
City Council.
2. Prepayment in Part
The Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved
Property, Undeveloped Property, or Provisional Undeveloped Property may be partially prepaid.
For purposes of determining the Partial Prepayment Amount, the provisions of Section G.1 shall
be modified as provided by the following formula:
PP = ((PE – A) x F) + A
These terms have the following meaning:
PP = Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section G.1
F = the percent by which the owner of the Assessor’s Parcel(s) is partially
prepaying the Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1
The owner of an Assessor’s Parcel who desires to partially prepay the Special Tax
obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent
to partially prepay the Special Tax obligation, (ii) the percentage of the Special Tax obligation
such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow
agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such
property owner of the amount of the non-refundable deposit determined to cover the cost to be
incurred by the CFD in calculating the Partial Prepayment Amount. Within 15 business days of
receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the
amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment
Amount must be made not less than 60 days prior to the redemption date for the Outstanding
Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.
With respect to any Assessor’s Parcel for which the Special Tax obligation is partially
prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in
Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a
partial prepayment for the Assessor’s Parcel and that a portion of the Special Tax obligation
equal to the remaining percentage (1.00 - F) of the applicable Special Tax will continue to be
levied on the Assessor’s Parcel pursuant to Section E.
H. TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all
Assessor’s Parcels subject to the Special Tax pursuant to Section E. The Special Tax shall
cease not later than the 2064-2065 Fiscal Year, however, Special Taxes will cease to be levied
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in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest
and principal payments on the CFD No. 2021-1 Bonds have been paid; (ii) all authorized
facilities of CFD No. 2021-1 have been acquired and all reimbursements to the developer have
been paid, (iii) no delinquent Special Taxes remain uncollected and (iv) all other obligations of
CFD No. 2021-1 have been satisfied.
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes, provided, however, that CFD No. 2021-1 may collect Special Taxes at a
different time or in a different manner if necessary to meet its financial obligations, and may
covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted
by the Act.
J. APPEALS OF SPECIAL TAXES
Any taxpayer may file a written appeal of the Special Taxes levied on his/her Assessor’s
Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments
of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be
paid on or before the payment date established when the levy was made. The appeal must
specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator
shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and
advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the
CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the
appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made
unless approved by the CFD Administrator.
The CFD Administrator shall interpret this Rate and Method of Apportionment and make
determinations relative to the annual levy and administration of the Special Taxes and any
taxpayer who appeals, as herein specified.
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RESOLUTION NO. 2021-__
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF MENIFEE TO INCUR BONDED INDEBTEDNESS IN AN
AMOUNT NOT TO EXCEED $17,000,000 WITHIN PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (BANNER
PARK) OF THE CITY OF MENIFEE
WHEREAS, the City Council of the City of Menifee (the “City Council”) upon receipt of a
petition as provided in Section 53318 of the Government Code of the State of California
instituted proceedings to form Community Facilities District No. 2021-1 (Banner Park) of the City
of Menifee (“Community Facilities District No. 2021-1” or the “District”) pursuant to the Mello-
Roos Community Facilities Act of 1982 (the “Act”), as amended, pursuant to Resolution No.
_____ adopted by the City Council on the date hereof to finance (1) the purchase, construction,
modification, expansion, improvement and/or rehabilitation of public facilities identified in
Attachment “A” hereto and incorporated herein by this reference, including all furnishings,
equipment and supplies related thereto (collectively, the “Facilities”) and (2) the incidental
expenses to be incurred in financing the Facilities and forming and administering the District
(the “Incidental Expenses”); and,
WHEREAS, the City Council estimates that the amount required to finance the Facilities
and Incidental Expenses is approximately $17,000,000; and,
WHEREAS, in order to finance the Facilities and Incidental Expenses, the City Council
intends to authorize the issuance of bonds in the maximum aggregate principal amount of
$17,000,000, the repayment of which is to be secured by special taxes levied in accordance
with Section 53328 of the Act on all property in the proposed Community Facilities District No.
2021-1, other than those properties exempted from taxation in the rate and method of
apportionment set forth in Attachment “C” to Resolution No. _____.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The above recitals are true and correct.
Section 2. It is necessary to incur bonded indebtedness within the boundaries of proposed
Community Facilities District No. 2021-1 in an amount not to exceed $17,000,000 to finance the
costs of the Facilities and Incidental Expenses, as permitted by the Act.
Section 3. The indebtedness will be incurred for the purpose of financing the costs of the
Facilities and the Incidental Expenses, including, but not limited to, the funding of reserve funds
for the bonds, the financing of costs associated with the issuance of the bonds and all other
costs and expenses necessary to finance the Facilities which are permitted to be financed
pursuant to the Act.
Section 4. It is the intent of the City Council to authorize the sale of bonds in one or more
series, in the maximum aggregate principal amount of $17,000,000 and at a maximum interest
rate not in excess of 12 percent per annum, or a higher rate not in excess of the maximum rate
permitted by law at the time that the bonds are issued. The term of the bonds of each series
shall be determined pursuant to a resolution of this City Council acting in its capacity as the
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legislative body of the District authorizing the issuance of the bonds of such series, but such
term shall in no event exceed 35 years from the date of issuance of the bonds of such series, or
such longer term as is then permitted by law.
Section 5. A public hearing (the “Hearing”) on the proposed issuance of bonded
indebtedness shall be held at 6:00 p.m. or as soon thereafter as practicable, on June 2, 2021, at
the City Council Chambers, 29844 Haun Road, Menifee, California. Notwithstanding the
foregoing, consistent with the Governor of the State of California’s Executive Order N-29-20 or
other applicable directives, the Hearing may be held remotely with public participation via
methods to be set forth in the City Council’s agenda.
Section 6. At the time and place set forth in this Resolution for the Hearing, any interested
persons, including all persons owning land or registered to vote within proposed Community
Facilities District No. 2021-1, may appear and be heard.
Section 7. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing
pursuant to Section 6061 of the Government Code in a newspaper of general circulation
published in the area of the proposed Community Facilities District No. 2021-1. Such
publication shall be completed at least seven days prior to the date of the Hearing. The City
Clerk is further directed to mail a copy of the Notice to each of the landowners within the
boundaries of proposed Community Facilities District No. 2021-1 at least 15 days prior to the
Hearing.
PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting
held on this 21st day of April, 2021.
ATTEST: APPROVED:
Sarah A. Manwaring, City Clerk Bill Zimmerman, Mayor
APPROVED AS TO FORM:
Jeffrey T. Melching, City Attorney
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ATTACHMENT A
Types of Facilities
to Be Financed by Community
Facilities District No. 2021-1 (Banner Park) of the City of Menifee
The proposed types of public facilities and expenses to be financed by the District
include:
The construction, purchase, modification, expansion, rehabilitation and/or improvement
of (i) drainage, library, park, roadway, traffic, administration and general government facilities,
animal shelter facilities, fire and public safety facilities, and other public facilities of the City,
including the foregoing public facilities which are included in the City’s fee programs with
respect to such facilities and authorized to be financed under the Mello-Roos Community
Facilities Act of 1982, as amended (the “City Facilities”); (ii) water and sewer facilities including
the acquisition of capacity in the sewer system and/or water system of Eastern Municipal Water
District which are included in Eastern Municipal Water District’s water and sewer capacity and
connection fee programs (the “Water District Facilities”), (iii) interim and permanent school
facilities of Menifee Union School District, including classrooms, multi-purpose facilities,
administration and auxiliary space at school facilities, athletic fields, playgrounds and
recreational facilities and improvements thereto, landscaping, access roadways, drainage,
sidewalks and gutters and utility lines, furniture, equipment and technology, including
technology upgrades and mobile devices and infrastructure therefore, with a useful life of at
least five (5) years at such school facilities, including such school facilities of Menifee Union
School District which are included in Menifee Union School District’s school fee program (the
“School Facilities”), and (iv) electrical utility undergrounding and dry utilities (the “Utilities and
together, with the City Facilities, the Water Facilities, and the School Facilities, the “Facilities”),
and all appurtenances and appurtenant work in connection with the foregoing Facilities,
including the cost of engineering, planning, designing, materials testing, coordination,
construction staking, construction management and supervision for such Facilities, and to
finance the incidental expenses to be incurred, including:
a. The cost of engineering, planning and designing the Facilities;
b. All costs, including costs of the property owner petitioning to form the District,
associated with the creation of the District, the issuance of the bonds, the determination of the
amount of special taxes to be levied and costs otherwise incurred in order to carry out the
authorized purposes of the District; and
c. Any other expenses incidental to the construction, acquisition, modification,
rehabilitation, completion and inspection of the Facilities.
Capitalized terms used and not defined herein shall have the meaning set forth in the
Rate and Method of Apportionment of Special Taxes for the District.
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PETITION TO THE CITY COUNCIL OF THE CITY OF MENIFEE
REQUESTING INSTITUTION OF PROCEEDINGS FOR
ESTABLISHMENT OF A COMMUNITY FACILITIES DISTRICT
(COMMUNITY FACILITIES DISTRICT NO. 2021-1 (BANNER
PARK) OF THE CITY OF MENIFEE
1. The undersigned is the owner (the “Owner”) of more than 10% of the land depicted in
Exhibit A hereto and described in Exhibit B hereto (the “Property”). The Property constitutes all of the
land included within the boundaries of a community facilities district hereby proposed to be
established. The Property is located within the City of Menifee (the “City”) in the County of
Riverside.
2. The Owner requests that the City Council of the City (the “City Council”) institute
proceedings to establish a community facilities district to be known as “Community Facilities District
No. 2021-1 (Banner Park) of the City of Menifee (referred to herein as the “District”) pursuant to
Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, Title 5, of the Government Code of
the State of California, commonly known as the “Mello-Roos Community Facilities Act of 1982” (the
“Act”) to include all of the Property.
3. The boundaries of the territory which is proposed for inclusion in the District are those
depicted in Exhibit A hereto and described in Exhibit B hereto.
4. The Owner requests that the proposed District be used to finance the construction,
purchase, modification, expansion and/or improvement of (i) drainage, library, park, roadway, traffic,
administration and general government facilities, animal shelter facilities, fire and public safety
facilities, and other public facilities of the City, including the foregoing public facilities which are
included in the City’s fee programs with respect to such facilities and authorized to be financed under
the Act (the “City Facilities”); (ii) water and sewer facilities including the acquisition of capacity in the
sewer system and/or water system of the Eastern Municipal Water District which are included in
Eastern Municipal Water District’s water and sewer capacity and connection fee programs (the “Water
District Facilities”); (iii) interim and permanent school facilities of Menifee Union School District,
including classrooms, multi-purpose facilities, administration and auxiliary space at school facilities,
athletic fields, playgrounds and recreational facilities and improvements thereto, landscaping, access
roadways, drainage, sidewalks and gutters and utility lines, furniture, equipment and technology,
including technology upgrades and mobile devices and infras tructure therefore, with a useful life of at
least five (5) years at such school facilities, including such school facilities of Menifee Union School
District which are included in Menifee Union School District’s school fee program (the “School
Facilities”), and (iv) electrical utility undergrounding and dry utilities (the “Utilities” and together,
with the City Facilities, the Water Facilities, and the School Facilities, the “Facilities”), and all
appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of
engineering, planning, designing, materials testing, coordination, construction staking, construction
management and supervision for such Facilities, and to finance the incidental expenses to be incurred,
including:
a. The cost of engineering, planning and designing the Facilities;
b. All costs, including costs of the property owner petitioning to form the District,
associated with the creation of the District, the issuance of the bonds, the determination of the amount
Item Title:10.5
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of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes
of the District; and
c. Any other expenses incidental to the construction, acquisition, modification,
rehabilitation, completion and inspection of the Facilities.
5. The Owner further requests that the City Council authorize the levy of special taxes in
the District to pay the costs of the Facilities and the incidental costs described in paragraph 4 above (the
“Special Tax”) and to pay principal of, interest and premium, if any, on the bonds in order to contribute
to the financing of the Facilities and costs described in paragraph 4 above.
6. The Owner further requests that, upon the sale of bonds, the City Council, as legislative
body of the District, annually levy the Special Tax on the property within the District for the
construction, purchase, modification, expansion and/or improvement of the Facilities, for the payment
of the aggregate amount of principal of and interest owing on the bonds in each fiscal year, including
the maintenance of reserves therefor, and for the payment of administrative expenses of the District.
7. There has been advanced to the City the amounts necessary to pay for the costs related
to the formation of the District, which amounts will be reimbursed, without interest, from the proceeds
of the first sale of the bonds, if any. The reimbursement of such amounts is expected to be governed by
the terms of that certain Acquisition and Construction Agreement to be entered into by and between the
City and the Owner relating to the District. If bonds are not sold, the City will have no obligation to
reimburse amounts expended for costs incurred, but will reimburse any unexpended amounts advanced
as set forth in the Acquisition and Construction Agreement.
Dated: April __, 2021
PULTE HOME COMPANY, LLC
a Michigan limited liability company
By:
Name:
Title:
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EXHIBIT A
BOUNDARY MAP
Item Title:10.5
Resolutions of Intention to Form Community Facilities District No.2021-1,Banner Park
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Menifee Mayor and City Council April 21,2021
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EXHIBIT B
LEGAL DESCRIPTION
Real property in the City of Menifee, County of Riverside, State of California, described as
follows:
LOTS 1 THROUGH 145 OF TRACT MAP NO. 32102-1, IN THE CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 475, PAGES 10 THROUGH 21, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY AS DOCUMENTS NO. 2020-0467332.
APN: 340-050-034
LOTS 1 THROUGH 124 OF TRACT MAP NO. 32102, IN THE CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 475, PAGES 22 THROUGH 29, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY AS DOCUMENTS NO. 2020-0467333.
APN: 340-050-032
Item Title:10.5
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Menifee Mayor and City Council April 21,2021
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CITY OF MENIFEE
SUBJECT: Intention to Annex Tract Map Nos. 32102-1 and 32102 to
Community Facilities District No. 2017-1, Annexation No. 8
MEETING DATE: April 21, 2021
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. Accept the Petition of Pulte Home Company, LLC and Diamond Brother Five Partnership, LP
for Tract Map Nos. 32102-1 and 32102, Banner Park by Pulte Home Company and Diamond
Brothers Five Partnership located east of Lindenberger Road, north of Domenigoni Parkway
and west of Briggs Road, to annex into Community Facilities District No. 2017-1 (Maintenance
Services) (“CFD No. 2017-1” or “CFD”) as Annexation Area No. 8; and
2. Adopt a Resolution of Intention to add Annexation Area No. 8 into CFD No. 2017-1, to
authorize the levy of special tax therein to finance certain maintenance services, and to set a
public hearing for June 2, 2021.
DISCUSSION
On December 6, 2017, the City Council adopted Resolution No. 17-658, establishing CFD No.
2017-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”).
CFD No. 2017-1 allows for the levy of special taxes on parcels of taxable property for the purpose
of providing certain services which are necessary to meet increased demands placed by
development upon the City.
Pulte Home Company, LLC and Diamond Brother Five Partnership, LP (“Owners”) are the
Owners of Banner Park, Tract Map Nos. 32102-1 and 32102 (“TR 32102-1 and 32102”), which
consists of approximately 80.6 gross acres of vacant residential property. The property is located
east of Lindenberger Road, north of Domenigoni Parkway and west of Briggs Road, as shown in
the attached Project Location Map.
The Owners have requested that the City assist it in annexing TR 32102-1 and 32102 into CFD
2017-1 to cover the costs associated with the maintenance of public improvements. The area
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:1
Menifee Mayor and City Council April 21,2021
Page 86 of 367
City of Menifee Staff Report
Annexation No. 8 to CFD 2017-1 for Tract Map Nos. 3-1 and 32102
April 21, 2021
Page 2 of 3
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proposed for annexation will be designated “Annexation No. 8,” and will include property within
both tracts, covering 256 detached single-family residential units. Per the Owners’ request, the
City will establish a rate and method of apportionment, and authorize the levy of special taxes on
the taxable property within Annexation Area No. 8 to pay for those services.
Annexation Area No. 8 will have a maximum annual tax of $674 per residential unit, and will
be included in CFD No. 2017-1 as “Tax Zone 8.” The maximum annual tax rate is proposed to
escalate each year at the greater of Consumer Price Index (CPI) or 2%. There are no
maintenance services proposed to be funded by the levy of Special Tax B (Contingent) for
Community Facilities District No. 2017-1. The attached CFD Maintenance Site Plan Exhibit is to
illustrate which services are being maintained by the CFD.
The Owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to
the Act. To that end, the Owners have submitted a “Consent and Waiver” form on file in the City
Clerk’s Office which authorizes the City to (1) hold the election and declare election results (2)
shorten election time requirements, (3) waive analysis and arguments, and (4) waive all notice
requirements relating to the conduct of the election immediately following the public hearing.
The next step to annex TR 32102-1 and 32102 into CFD 2017-1 is to publish a notification of the
proposed annexation along with the Resolution of Intention and Boundary Maps of the proposed
Annexation area. A public hearing on the matter will take place on June 2, 2021, and at that time
the Council will formally consider approval of the amended Annexation No. 8.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The individual property owners in the CFD will be responsible for annual payments of special
taxes. It is estimated, upon full completion of the tract development that there will be an annual
collection of special tax revenues of approximately $172,436 to be used to pay for maintenance
costs.
On June 1 of each year, every taxable unit for which a building permit has been issued within the
boundaries of the CFD, will be subject to the special tax for the ensuing Fiscal Year. If the
anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the
project, exceeds the special tax revenues available from parcels for which building permits have
been issued, the special tax may also be applied to property within recorded final subdivision
maps, as well as other undeveloped property within the boundaries of the CFD.
All costs associated with annexation into the CFD have been borne by the Developer. By annexing
into the CFD, the costs of maintaining improvements located within the development will be
financed through special taxes levied on the parcels within CFD No. 2017-1 and not through the
City’s General Fund.
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:2
Menifee Mayor and City Council April 21,2021
Page 87 of 367
City of Menifee Staff Report
Annexation No. 8 to CFD 2017-1 for Tract Map Nos. 3-1 and 32102
April 21, 2021
Page 3 of 3
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ATTACHMENTS
1. Project Location map
2. Resolution of Intention
3. Exhibits A-G
4. CFD Maintenance Site Plan Exhibit
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:3
Menifee Mayor and City Council April 21,2021
Page 88 of 367
ATTACHMENT #1
PROJECT LOCATION MAP
CFD NO. 2017-1 (MAINTENANCE SERVICES) - ANNEXATION NO. 8
Item Title: 10.6 Intention to Annex Tract Map Nos. 32102-1 and 32102 to Community Facilities District No. 2017-1, Annexation No. 8Item Page Number: 4
Menifee Mayor and City Council April 21, 2021Page 89 of 367
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RESOLUTION NO. 21-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MENIFEE DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES) OF THE CITY OF MENIFEE,
ADOPTING A MAP OF THE AREA PROPOSED TO BE
ANNEXED (ANNEXATION NO. 8) AND AUTHORIZING THE
LEVY OF SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on
November 1, 2017, the City Council (the “City Council”) of the City of Menifee (the “City”) approved
Resolution No. 17-654 establishing Community Facilities District No. 2017-1 (Maintenance
Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017-1")
for the purpose of levying special taxes on parcels of taxable property therein, which taxes would
be used to provide certain services necessary to meet increased demands placed upon the City
by development; and
WHEREAS, the City Council has received a written instrument to initiate and conduct
proceedings pursuant to the Act, to annex territory into CFD No. 2017-1 and to consent to the
shortening of election time requirements, waiving of analysis and arguments, and waiving of all
notice requirements relating to the conduct of the election; and
WHEREAS, the City Council has been advised that certain property owners have
requested that the area described in Exhibit A be annexed territory into the boundaries of CFD
No. 2017-1, and that a rate and method of apportionment of the special tax to be levied therein
be established.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MENIFEE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 2017-1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. Intent to Annex. The City Council, acting as the legislative body of the CFD
No. 2017-1 hereby declares that it proposes and intends to conduct proceedings pursuant to
Article 3.5 of the Act for the annexation into the CFD No. 2017-1 of the territory described in
Exhibit A attached hereto. The City Council determines that the public convenience and necessity
require that such territory be annexed to CFD No. 2017-1.
Section 2.Name of the Community Facilities District. The existing community facilities district
is known as “Community Facilities District No. 2017-1 (Maintenance Services).”
Section 3.Description of Territory Included in Existing CFD No. 2017-1. The boundaries of
the territory currently included in the CFD No. 2017-1 are described and shown on that certain
map entitled "Proposed Boundary Map – Community Facilities District No. 2017-1 (Maintenance
Services) City of Menifee, County of Riverside, State of California", as recorded on November 7,
2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at Page 69, and as
Document No. 2017-0465706 in the official records of the County of Riverside, as amended by
the following:
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:5
Menifee Mayor and City Council April 21,2021
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Section 4.Description of Territory Proposed to be Annexed, Annexation Map. The territory
proposed to be annexed is included within the boundaries within which property may annex to
CFD No. 2017-1 and is more particularly described and shown on that certain map entitled
“Boundaries – Potential Annexation Area Community Facilities District No. 2017-1 (Maintenance
Services) of the City of Menifee, County of Riverside, State of California,” as recorded on
November 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at Page
70, and as Document No. 2017-0465707 in the official records of the County of Riverside. The
territory proposed to be annexed to the CFD No. 2017-1 is described in Exhibit A attached hereto
and by this reference made a part hereof. Such territory is also shown and described on the map
thereof entitled "Annexation Map No. 8, Community Facilities District No. 2017-1 (Maintenance
Services), City of Menifee, County of Riverside, State of California," which is on file with the City
Clerk (the "Annexation Map") and attached hereto as Exhibit D.
Section 5.Description of Authorized Services. The services proposed to be financed by the
territory proposed to be annexed to the CFD No. 2017-1 (the “Services”) are the same as those
services authorized to be financed by the existing territory in the CFD No. 2017-1 and are
described in Exhibit B attached hereto. The cost of providing the Services includes “Administrative
Expenses,” which include costs associated with the creation of CFD No. 2017-1, determination of
the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in
order to carry out the authorized purposes of CFD No. 2017-1. The Services authorized to be
financed by CFD No. 2017-1 are in addition to those currently provided in the territory of CFD No.
2017-1 and do not supplant Services already available within that territory.
Section 6.Plan for Providing Services. The Services will be provided within the territory
proposed to be annexed to the CFD No. 2017-1 and the existing territory in the CFD No. 2017-1
on the same basis.
Section 7. Levy of Special Taxes. Except where funds are otherwise available, a special tax
sufficient to pay the costs of the Services (including Administrative Expenses), secured by
recordation of a continuing lien against all nonexempt real property in CFD No. 2017-1, will be
levied annually within the territory proposed to be annexed to the CFD No. 2017-1. The rate and
method of apportionment, and manner of collection of the special tax are specified in Exhibit C.
Section 8.No Alteration of the Special Tax Levied in the Existing CFD No. 2017-1. The City
Council does not propose to alter the special tax rate levied within the existing territory in the CFD
No. 2017-1.
Section 9. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and
Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to
be annexed to the CFD No. 2017-1. Pursuant to Section 3111 of said Code, the City Clerk shall
file the original of the Annexation map in his or her office and shall file a copy of the Annexation
Map with the County Recorder of the County of Riverside no later than 15 days prior to the date
of the hearing specified in Section 7 hereof.
Section 10. Public Hearing. The City Council hereby fixes 6:00 p.m., or as soon thereafter as
practicable, on Wednesday, June 2, 2021 in the City Council Chambers located at 29844 Haun
Road, Menifee, California 92586, as the time and place when and where the City Council will
conduct a public hearing on the proposed annexation of the area depicted on the Annexation Map
and described in Exhibit A hereto territory to the CFD No. 2017-1.
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:6
Menifee Mayor and City Council April 21,2021
Page 91 of 367
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Section 11. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to
be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit
F, one time in a newspaper of general circulation published in the area of CFD No. 2017-1. The
publication of said notice shall be completed at least seven days prior to the date herein fixed for
said hearing. Said notice shall contain the information prescribed by Section 53339.4 of the Act.
Section 12. Mailing Ballots. In anticipation of its action on Wednesday, June 2, 2021, to call
the election on the annexation for the same date, pursuant to waiver of election time limits from
the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in
the territory proposed to be annexed to the CFD No. 2017-1 a ballot in substantially the form set
forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is
attached hereto as Exhibit E and incorporated herein by this reference.
Section 13.Authorization to Take Action. The officers, employees and agents of the City are
hereby authorized and directed to take all actions and do all things which they, or any of them,
may deem necessary or desirable to accomplish the purposes of this Resolution and not
inconsistent with the provisions hereof.
Section 14.Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting
held on this 21st day of April, 2021.
ATTEST: APPROVED:
Sarah A. Manwaring, City Clerk Bill Zimmerman, Mayor
APPROVED AS TO FORM:
Jeffrey T. Melching, City Attorney
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:7
Menifee Mayor and City Council April 21,2021
Page 92 of 367
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Menifee Community Facilities District No. 2017-1 (Maintenance Services) (the “CFD No. 2017-1”)
Annexation No. 8 is currently comprised of 2 parcels, located within the City boundaries. The property is
identified by the Tract Map No. 32102-1, in the City of Menifee, County of Riverside, State of California, as per
map recorded in book 475, pages 10 through 21, inclusive, of maps, in the office of the County Recorder of
said County as Documents No. 2020-0467332, and Tract Map No. 32102, in the City of Menifee, County of
Riverside, State of California, as per map recorded in book 475, pages 22 through 29, inclusive, of maps, in the
Office of the County Recorder of said County as Documents No. 2020-0467333.
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:8
Menifee Mayor and City Council April 21,2021
Page 93 of 367
EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:9
Menifee Mayor and City Council April 21,2021
Page 94 of 367
City of Menifee 12
Community Facilities District No. 2017-1 (Maintenance Services)
APPENDIX B
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-way,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance
(including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks,
parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of
public signage; graffiti removal from and maintenance and repair of public structures situated on parks,
parkways, streets, roads and open space; maintenance and repair of playground or recreation program
equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right-of-way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance
and servicing of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2017-1; as well as local roads within residential subdivisions located within CFD No. 2017-1; and any
portions adjacent to the properties within CFD No. 2017-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services may be financed by proceeds of the special tax of CFD No. 2017-1 only to the extent
that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was
created or those provided in the territory annexed to CFD No. 2017-1 before the territory was annexed,
as applicable.
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:10
Menifee Mayor and City Council April 21,2021
Page 95 of 367
EXHIBIT C
RATE AND METHOD OF APPORTIONMENT
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:11
Menifee Mayor and City Council April 21,2021
Page 96 of 367
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services)
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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES)
OF THE CITY OF MENIFEE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below)
in Community Facilities District No. 2017‐1 (Maintenance Services) (the “CFD No. 2017‐1” or “CFD”; defined
below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2018, in an
amount determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of
CFD No. 2017‐1, by applying the rate and method of apportionment set forth below. All of the real property
in CFD No. 2017‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in
the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map,
or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable
Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by
the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2017‐1 including, but not limited to: the costs of
computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the
City or designee thereof or both); the costs to the City, CFD No. 2017‐1, or any designee thereof
associated with fulfilling the CFD No. 2017‐1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2017‐1 or any
designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of City overhead and salaries and benefits of any City
employees whose duties are related to the administration of CFD No. 2017‐1 and third party expenses
related to CFD No. 2017‐1. Administrative Expenses shall also include amounts estimated or advanced
by the City or CFD No. 2017‐1 for any other administrative purposes of CFD No. 2017‐1, including
attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of
delinquent Special Taxes.
“Administrator” means the City Manager of the City of Menifee, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map
that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied,
and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in
which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by
the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:12
Menifee Mayor and City Council April 21,2021
Page 97 of 367
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services)
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construction building permit issued for construction of a building of Non‐Residential Property and any
Building Square Footage subsequently added to a building of such Non‐Residential Property after
issuance of a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2017‐1” means the City of Menifee Community Facilities District No. 2017‐1
(Maintenance Services).
“City” means the City of Menifee.
“Contingent Services” means services permitted under the Mello‐Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2017‐1 as set forth in
the documents adopted by the City Council at the time the CFD was formed to be provided by the City
in the event the Administrator makes a determination pursuant to Section C(2) that a Property Owners’
Association fails to adequately provide such services.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for
new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax
is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or
recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for
which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following June
30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed
for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special
Tax A, as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in
such Fiscal Year.
“Maximum Special Tax B (Contingent)” means for each Assessor’s Parcel and each Fiscal Year, the
maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be
levied on such Assessor’s Parcel in such Fiscal Year.
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:13
Menifee Mayor and City Council April 21,2021
Page 98 of 367
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services)
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“Multi‐Family Residential Property” or “MFR” means any Assessor’s Parcel of Residential Property upon
which a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit are constructed or are intended to be constructed.
“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building
permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an
Assessor’s Parcel is Non‐Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual
Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property, (ii)
Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same
for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special
Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped
Property.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by
one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which Residential Units
have been constructed or are intended to be constructed or for which building permits have been or
may be issued for purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including,
without limitation, those services authorized to be funded by CFD No. 2017‐1 as set forth in the
documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” or “SFR” means any Residential Property other than Multi‐Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A or Special Tax B (Contingent) to be levied in each Fiscal Year
on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of
Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone that amount to be collected in any Fiscal Year to
pay for certain costs as required to meet the needs of such Tax Zone within CFD No. 2017‐1 in both the
current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public
street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
“Special Tax B (Contingent)” means the annual special tax to be levied in each Fiscal Year on each
Assessor’s Parcel of Taxable Property to fund the Special Tax B (Contingent) Requirement, if required.
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:14
Menifee Mayor and City Council April 21,2021
Page 99 of 367
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services)
4
“Special Tax B (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is
unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or
otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve
for the costs of Contingent Services as determined by the Administrator; less a credit for funds
available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2017‐1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the
Tax Zone in CFD No. 2017‐1 at formation; additional Tax Zones may be created when property is annexed
into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final
Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2017‐1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of
Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non‐Residential
Property. Residential Property shall be further classified as Single Family Residential Property or Multi‐
Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. Once a single family attached or multi‐family building or buildings have been built on
an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units
contained within the building or buildings, and the Special Tax A levied against the Assessor’s Parcel
in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by
the Maximum Special Tax per Residential Unit for the Tax Zone below or as included in Appendix A
as each annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s
Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:15
Menifee Mayor and City Council April 21,2021
Page 100 of 367
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services)
5
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable
Tax Zone below or as included in Appendix A as each annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed
Property for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $158
Multi‐Family Residential Property RU $158
Non‐Residential Property Acre $1,714
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Developed Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal
Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land
Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be
the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on
that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the
Acreage of such Assessor's Parcel shall be allocated to each type of property based on the
amount of Acreage designated for each land use as determined by reference to the site plan
approved for such Assessor's Parcel. The Administrator's allocation to each type of property
shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each
Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate and
method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone
annexed and included in Appendix A. The Maximum Special Tax A for Approved Property for Fiscal
Year 2018‐19 within Tax Zone 1 is identified in Table 2 below:
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:16
Menifee Mayor and City Council April 21,2021
Page 101 of 367
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services)
6
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $158
Multi‐Family Residential Property RU $158
Non‐Residential Property Acre $1,714
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Approved Property shall
increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐
Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by
two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax
Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property
for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 36299‐1
& PM 9504 Acre $1,515
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐
Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by
two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to
maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the
Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails to
remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:17
Menifee Mayor and City Council April 21,2021
Page 102 of 367
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services)
7
(i) Maximum Special Tax B (Contingent)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2017‐1, the rate and method adopted for the annexed property shall
reflect the Maximum Special Tax B (Contingent) for the Tax Zones annexed and included in
Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018‐19 within Tax Zone 1
is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $0
Multi‐Family Residential Property RU $0
Non‐Residential Property Acre $0
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All
Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land
Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's
Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each
Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more
than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of
property based on the amount of Acreage designated for each land use as determined by
reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to
each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Approved Property shall be
specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐
1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B
(Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B
(Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 5 below:
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:18
Menifee Mayor and City Council April 21,2021
Page 103 of 367
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services)
8
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299‐1
& PM 9504
Single Family Residential Property RU $0
Multi‐Family Residential Property RU $0
Non‐Residential Property Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Undeveloped Property shall
be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017‐
1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B
(Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B
(Contingent) for Fiscal Year 2018‐19 within Tax Zone 1 is identified in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 36299‐1
& PM 9504 Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or
ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2018‐19 and for each following Fiscal Year, the City Council shall determine
the Special Tax A Requirement for each Tax Zone and shall levy the Special Tax A on all Assessor’s Parcels
of Taxable Property within such Tax Zone until the aggregate amount of Special Tax A equals the Special
Tax A Requirement for such Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step
has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:19
Menifee Mayor and City Council April 21,2021
Page 104 of 367
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services)
9
Property at up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two
steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of
Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with the first Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and
for each following Fiscal Year, the City Council shall determine the Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Taxable
Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the
Special Tax B (Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) shall be levied
for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Special Tax B
(Contingent) Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B (Contingent) Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each
Parcel of Approved Property at up to 100% of the Maximum Special Tax B (Contingent) for Approved
Property;
Third: If additional monies are needed to satisfy the Special Tax B (Contingent) Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B (Contingent)
for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2017‐1 from time to time. As each
annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services
to such properties. Based on this analysis, any properties to be annexed, pursuant to California
Government Code section 53339 et seq. will be assigned the appropriate Maximum Special Tax rates for
the Tax Zone when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are
being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2017‐1, all Assessor’s; (i) which are owned by,
irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public
or utility easements making impractical their utilization for other than the purposes set forth in the
easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or
(iv) which are in use in the performance of a public function as determined by the Administrator.
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:20
Menifee Mayor and City Council April 21,2021
Page 105 of 367
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services)
10
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file
a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. The Administrator of CFD No. 2017‐1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires
that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a
cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s
Parcel in the subsequent Fiscal Year(s).
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2017‐1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:21
Menifee Mayor and City Council April 21,2021
Page 106 of 367
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services)
11
APPENDIX A
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2021‐22. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2017‐1 Tax Zone 8.
TAX ZONE 8 (SERVICES)
TR 32102 & TR 32102‐1
Item Description Estimated Cost
1 Landscaping $24,047
2 Lighting $16,228
3 Streets $44,916
4 Drainage $21,939
5 Parks $48,599
6 Trails $1,229
7 Graffiti $732
8 Reserves $6,726
9 Administration $8,020
Total $172,436
Special Tax B Contingent Services – There are no maintenance services proposed to be funded by the
levy of Special Tax B (Contingent) for Community Facilities District No. 2017‐1 Tax Zone 8.
TAX ZONE 8
FY 2021‐22 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Developed RU $674 $0
Approved RU $674 $0
Undeveloped Acre $4,194 $0
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:22
Menifee Mayor and City Council April 21,2021
Page 107 of 367
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services)
12
MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE
Tax
Zone
Fiscal
Year
Included Tract
No. of
Taxable
Units
Land Use
Category
Taxable
Unit
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent) Subdivider
1 2018‐19 36299‐1 &
PM 9504
426 SFR RU $158 $0 Stark Menifee Land, LLC
548 MFR RU $158 $0 Stark Menifee Land, LLC &
Menifee Multifamily, LLC
27.68 NR Acre $1,714 $0 Several
2 2020‐21 TR 37576 65 SFR RU $539 $43 Meritage Homes
3 2020‐21 TR 28859 161 SFR RU $727 $0 Woodside O5S
4 2020‐21 TTM 31098 258 SFR RU $878 $0 Lennar Homes of
California, Inc.
5 2020‐21 TTM 36852 68 SFR RU $755 $151 Strata Holland, LLC
6 To Be Determined
7 To Be Determined
8 2021‐22 TR 32102 &
TR 32102‐1 256 SFR RU $674 $0
Diamond Brother Five
Partnership, LP and Pulte
Home Company, LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2019 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County
(1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever
is greater.
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:23
Menifee Mayor and City Council April 21,2021
Page 108 of 367
City of Menifee
Community Facilities District No. 2017‐1 (Maintenance Services)
13
APPENDIX B
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017‐1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017‐1, as provided by Section
53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or
replacing landscaped areas (may include reserves for replacement) in public street right‐of‐way, public
landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These
services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality
basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2017‐1; as well as local roads within residential subdivisions located within CFD No. 2017‐1; and any portions
adjacent to the properties within CFD No. 2017‐1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be
expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services may be financed by proceeds of the special tax of CFD No. 2017‐1 only to the extent that
they are in addition to those provided in the territory of CFD No. 2017‐1 before CFD No. 2017‐1 was created
or those provided in the territory annexed to CFD No. 2017‐1 before the territory was annexed, as applicable.
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:24
Menifee Mayor and City Council April 21,2021
Page 109 of 367
EXHIBIT D
ANNEXATION AND POTENTIAL ANNEXATION BOUNDARY MAPS
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:25
Menifee Mayor and City Council April 21,2021
Page 110 of 367
340-050-034
340-050-032
C HAPARRAL
DR
LIN
DE
NBERG
ER
RD
BRIGGS
RD
DOMENIGONI
PK W Y
340-050-032
340
-
0
5
0
-
0
3
4
340
-
0
5
0
-
0
3
4
340-050-034
ANNEXATION MAP NO. 8
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES)
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEETTHIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA.
THE BOUNDARIES OF WHICH COMMUNITY FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP
THEREOF WHICH WAS PREVIOUSLY RECORDED ON
NOVEMBER 7, 2017 IN BOOK 81 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 69 AND
AS INSTRUMENT NO. 2017-0465706 IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA.
FILED THIS ____ DAY OF _______________, 20____ AT
THE HOUR OF ____ O'CLOCK __M IN BOOK _____
OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES
DISTRICTS AT PAGE ______ IN THE OFFICE OF THE
COUNTY RECORDER, IN THE COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA.
FEE: _____________ NO.: ______________________
PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER
BY: _______________________________
DEPUTY
CFD 2017-1TAX ZONE 8^_
·|}þ74
§¨¦215
§¨¦15
·|}þ79
MENIFEE
THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2020-21. -
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE
CITY COUNCIL OF THE CITY OF MENIFEE AT A REGULAR
MEETING THEREOF, HELD ON ______ DAY OF ______,
20____,
BY ITS RESOLUTION NO. _______________
___________________________________
CITY CLERK
CITY OF MENIFEE
FILED IN THE OFFICE OF THE CITY CLERK, CITY OF MENIFEE, THIS
_______ DAY OF _________________, 20___.
___________________________________
CITY CLERK
CITY OF MENIFEE
LEGEND
ANNEXATION AREA BOUNDARY
PARCEL LINE
CITY BOUNDARY
XXX-XXX-XXX ASSESSOR PARCEL NUMBER
8 TAX ZONE
8
Item Title: 10.6 Intention to Annex Tract Map Nos. 32102-1 and 32102 to Community Facilities District No. 2017-1, Annexation No. 8Item Page Number: 26
Menifee Mayor and City Council April 21, 2021Page 111 of 367
Item Title: 10.6 Intention to Annex Tract Map Nos. 32102-1 and 32102 to Community Facilities District No. 2017-1, Annexation No. 8Item Page Number: 27
Menifee Mayor and City Council April 21, 2021Page 112 of 367
EXHIBIT E
PETITION
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:28
Menifee Mayor and City Council April 21,2021
Page 113 of 367
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:29
Menifee Mayor and City Council April 21,2021
Page 114 of 367
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:30
Menifee Mayor and City Council April 21,2021
Page 115 of 367
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:31
Menifee Mayor and City Council April 21,2021
Page 116 of 367
PETITION TO THE CITY COUNCIL OF THE CITY OF MENIFEE
REQUESTING ANNEXING TERRITORY INTO COMMUNITY
FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) OF
PROPERTY WITHIN THE CITY OF MENIFEE AND A WAIVER WITH
RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE
MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND
CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY
THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY
FACILITIES DISTRICT
1. The undersigned requests that the City Council of the City of Menifee, initiate and conduct
proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code
Section 53311 et seq.), to annex territory into Community Facilities District No. 2017-1 (Maintenance
Services) of the property described below and consents to the annual levy of special taxes on such property
to pay the costs of services to be provided by the Community Facilities District.
2. The undersigned requests that the community facilities district provide any services that
are permitted under the Act including, but not limited to, all necessary service, operations, administration
and maintenance required to keep the landscape lighting, street lighting, flood control facilities, ground
cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing
entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy,
vigorous and satisfactory working condition.
3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is
the owner of all the property within the proposed boundaries of the Community Facilities District described
in Exhibit A hereto and as shown on the map Exhibit B hereto.
4. The undersigned requests that a special election be held under the Act to authorize the
special taxes for the proposed annexation into Community Facilities District No. 2017-1. The undersigned
waives any requirement for the mailing of the ballot for the special election and expressly agrees that said
election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the
designated election official, being the office of the City Clerk and the undersigned request that the results
of said election be canvassed and reported to the City Council at the same meeting of the City Council as
the public hearing on annexing territory into Community Facilities District No. 2017-1 or at the next
available meeting.
5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives
all applicable waiting periods for the election and waives the requirement for analysis and arguments
relating to the special election, and consents to not having such materials provided to the landowner in the
ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly
waives all notice requirements relating to hearings and special elections (except for published notices
required by the Act), and whether such requirements are found in the California Elections Code, the
California Government Code or other laws or procedures, including but not limited to any notice provided
for by compliance with the provisions of Section 4101 of the California Elections Code.
6. The undersigned hereby consents to and expressly waives any and all claims based on any
irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any
and all laws and requirements incorporated therein, and no step or action in any proceeding relative to
annexing territory into Community Facilities District No. 2017-1 of the portion of the incorporated area of
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:32
Menifee Mayor and City Council April 21,2021
Page 117 of 367
the City of Menifee or the special election therein shall be invalidated or affected by any such irregularity,
error, mistake or departure.
IN WITNESS WHEREOF, I hereunto set my hand this ____ day of __________, 20___.
PULTE HOME COMPANY, LLC,
a Michigan limited liability company
By: ____________________________
Name: Darren Warren
Title: Division Vice President of Land
Acquisitions and Development
OWNER'S PROPERTY:
Tract Map No. 32102-1
(Lot Nos. 1-57, 77-83, 111-132)
OWNER'S MAILING ADDRESS:
Pulte Home Company
Attn: Darren Warren
27401 Los Altos, Suite 400
Mission Viejo, CA 92691
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF
MENIFEE THIS ____ DAY OF __________, 20___.
____________________________________
City Clerk of the City Council of the
City of Menifee
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:33
Menifee Mayor and City Council April 21,2021
Page 118 of 367
EXHIBIT A: LEGAL DESCRIPTION
Real property in the City of Menifee, County of Riverside, State of California, described as follows:
LOTS 1 THROUGH 57, LOTS 77 THROUGH 83, AND LOTS 111 THROUGH 132 OF TRACT MAP
NO. 32101-1, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 475, PAGES 10 THROUGH 21, INCLUSIVE, OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AS DOCUMENTS NO. 2020-0467332.
APN: 340-050-034
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:34
Menifee Mayor and City Council April 21,2021
Page 119 of 367
EXHIBIT F
NOTICE OF PUBLIC HEARING
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:35
Menifee Mayor and City Council April 21,2021
Page 120 of 367
NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX
TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES) (ANNEXATION NO. 8)
NOTICE IS HEREBY GIVEN that the City Council of the City of Menifee on April 21, 2021 adopted its
Resolution No. 2021-__, in which it declared its intention to annex territory to existing Community Facilities
District No. 2017-1 (Maintenance Services) (the "CFD No. 2017-1"), and to levy a special tax to pay for
certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of
1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes
the territory to be annexed and describes the rate and method of apportionment of the proposed special
tax. No change in the tax levied in the existing CFD No. 2017-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 6:00 p.m., or as soon thereafter as
practicable, Wednesday, June 2, 2021 in the City Council Chambers located at 29844 Haun Road, Menifee,
California 92586, as the time and place when and where the City Council will conduct a public hearing on
the annexation of territory to CFD No. 2017-1. At the hearing, the testimony of all interest persons for or
against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent
participation in the June 2, 2021 meeting must occur by teleconference, videoconference, or other
electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California,
the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which
shall be posted at least 72 hours prior to the meeting on the City of Menifee (www.cityofmenifee.us), and
outside of City Hall at 29844 Haun Road, Menifee, California 92586. A copy of the Agenda will be made
available upon request to the Menifee City Clerk's office at 951-723-3471.
DATED: ____________, 2021 _________________________________________
City Clerk of the City of Menifee
PUB: ____________, 2021
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:36
Menifee Mayor and City Council April 21,2021
Page 121 of 367
EXHIBIT G
BALLOT
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:37
Menifee Mayor and City Council April 21,2021
Page 122 of 367
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 8
(June 2, 2021)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1”) of the City
of Menifee:
Name of Landowner Number of Acres Owned Total Votes
Diamond Brother Five
Partnership, LP 27.05 28
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner
is entitled to cast the number of votes shown above under the heading “Total Votes,” representing
the total votes for the property owned by said landowner. The City has sent the enclosed ballot
to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to be annexed to the CFD No. 2017-1, City of
Menifee, County of Riverside, State of California. Please advise the City Clerk, at (951) 672-6777
if the name set forth below is incorrect or if you are no longer one of the owners of these parcels.
This special tax ballot may be used to express either support for or opposition to the proposed
special tax. To be counted, this special tax ballot must be signed below by the owner or, if the
owner is not an individual, by an authorized representative of the owner. The ballot must then be
delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than May
19, 2021, two calendar weeks prior to the date set for the election. Mailing later
than this deadline creates the risk that the special tax ballot may not be received
in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on June 2, 2021,
at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on June 2, 2021.
Very truly yours,
Sarah Manwaring
City Clerk
City of Menifee
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:38
Menifee Mayor and City Council April 21,2021
Page 123 of 367
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Diamond Brother Five Partnership, LP
Attn: George Chiao-Tung Chang
3200 E Guasti Road, Suite 100
Ontario, CA 91761
340-050-032, 340-050-034
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of Menifee be authorized to levy a
special tax on an annual basis at the rates and apportioned as
described in Exhibit C to the Resolution Declaring its Intention to
Annex territory to Community Facilities District No. 2017-1
(Maintenance Services) adopted by the City Council on April 21,
2021 (the “Resolution”), which is incorporated herein by this
reference, within the territory identified on the map entitled
“Annexation Map No. 8 of Community Facilities District No. 2017-1
(Maintenance Services) City of Menifee” to finance certain services
as set forth in Section 5 to the Resolution (including incidental
expenses), and shall an appropriation limit be established for the
Community Facilities District No. 2017-1 (Maintenance Services) in
the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct, and that this declaration is executed on ____________, 20__.
Diamond Brother Five Partnership, LP
a California limited partnership
By:
Signature
Name: George Chiao-Tung Chang
Title: General Partner
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:39
Menifee Mayor and City Council April 21,2021
Page 124 of 367
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 8
(June 2, 2021)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1”) of the City
of Menifee:
Name of Landowner Number of Acres Owned Total Votes
Pulte Home Company, LLC 14.07 15
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner
is entitled to cast the number of votes shown above under the heading “Total Votes,” representing
the total votes for the property owned by said landowner. The City has sent the enclosed ballot
to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to be annexed to the CFD No. 2017-1, City of
Menifee, County of Riverside, State of California. Please advise the City Clerk, at (951) 672-6777
if the name set forth below is incorrect or if you are no longer one of the owners of these parcels.
This special tax ballot may be used to express either support for or opposition to the proposed
special tax. To be counted, this special tax ballot must be signed below by the owner or, if the
owner is not an individual, by an authorized representative of the owner. The ballot must then be
delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than May
19, 2021, two calendar weeks prior to the date set for the election. Mailing later
than this deadline creates the risk that the special tax ballot may not be received
in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on June 2, 2021,
at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on June 2, 2021.
Very truly yours,
Sarah Manwaring
City Clerk
City of Menifee
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:40
Menifee Mayor and City Council April 21,2021
Page 125 of 367
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property
Owner: Assessor’s Parcel Number(s):
Pulte Home Company, LLC
Attn: Darren Warren
27401 Los Altos
Mission Viejo, CA 92691
340-050-032, 340-050-034
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of Menifee be authorized to levy a
special tax on an annual basis at the rates and apportioned as
described in Exhibit C to the Resolution Declaring its Intention to
Annex territory to Community Facilities District No. 2017-1
(Maintenance Services) adopted by the City Council on April 21,
2021 (the “Resolution”), which is incorporated herein by this
reference, within the territory identified on the map entitled
“Annexation Map No. 8 of Community Facilities District No. 2017-1
(Maintenance Services) City of Menifee” to finance certain services
as set forth in Section 5 to the Resolution (including incidental
expenses), and shall an appropriation limit be established for the
Community Facilities District No. 2017-1 (Maintenance Services) in
the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct, and that this declaration is executed on ____________, 20__.
Pulte Home Company, LLC
a Michigan limited liability company
By:
Signature
Name: Darren Warren
Title: Division Vice President of Land Acquisitions and
Development
Item Title:10.6
Intention to Annex Tract Map Nos.32102-1 and 32102 to Community Facilities District No.2017-1,Annexation No.8
Item Page Number:41
Menifee Mayor and City Council April 21,2021
Page 126 of 367
Item Title: 10.6 Intention to Annex Tract Map Nos. 32102-1 and 32102 to Community Facilities District No. 2017-1, Annexation No. 8Item Page Number: 42
Menifee Mayor and City Council April 21, 2021Page 127 of 367
CITY OF MENIFEE
SUBJECT: Dokken Engineering Agreement for the McCall Boulevard & I-
215 Interchange Project (CIP 14-01)
MEETING DATE: April 21, 2021
TO: Mayor and City Council
PREPARED BY: Haile Ford, Senior Engineer
REVIEWED BY: Carlos Geronimo, Principal Engineer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve a Professional Services Agreement with Dokken Engineering in an amount not-to-
exceed $3,209,188 to provide Project Approval and Environmental Documents (PA&ED) and
Plans, Specifications and Estimates (PS&E) for the McCall Boulevard & I-215 Interchange
Project (CIP 14-01); and,
2. Authorize City Manager to execute Professional Services Agreement with Dokken
Engineering for CIP 14-01 PA&ED; and,
3. Authorize City Manager to execute contract amendment(s) up to 10%, or $320,919, if
determined necessary, and contingent on the availability of funds; and,
4. Adopt Budget Adjustment Resolutions appropriating $356,958 from Fund 526 (DIF Citywide
Circulation) and appropriating $2,152,230 from Fund 310 (TUMF).
DISCUSSION
The proposed interchange project at the intersection of McCall Boulevard and I-215 is identified
as a priority project in the City’s Five-Year Capital Improvement Program for Fiscal Year (FY)
2020-2021.
McCall Boulevard is an east-west road that is classified as a six-lane Urban Arterial in the City’s
General Plan. It is currently a four-lane divided roadway with a raised median, curbs, and
sidewalks to the west of I-215. To the east of I-215, McCall Boulevard is a four-lane roadway with
a two-way left turn lane, a striped median, curbs, and partial sidewalks.
Item Title:10.7
Dokken Engineering Agreement for the McCall Boulevard &I-215 Interchange Project (CIP 14-01)
Item Page Number:1
Menifee Mayor and City Council April 21,2021
Page 128 of 367
City of Menifee Staff Report
Agreement with Dokken Engineering to Provide PA&ED and PS&E for CIP 14-01
April 7, 2021
Page 2 of 3
4
2
0
There are currently several large residential and commercial developments being constructed in
the eastern side of the city, that are anticipated to contribute additional traffic impacts to the
interchange in the coming years. To alleviate those impacts, the City has identified the need for
operational and capacity improvements at the I-215 interchange at McCall Boulevard.
Consultant Selection
On November 30, 2020, the City released a competitive Request for Proposals (RFP No. 2021-
6) to provide Project Approval and Environmental Documents (PA&ED) and Plans, Specifications
and Estimates (PS&E) for Capital Improvement Project (CIP) 14-01. The City received a total of
seven proposals in response to RFP No. 2021-6. An evaluation committee made up of four City
staff members evaluated the proposals based on the specific criteria and scoring parameters that
were stated in the RFP.
Individual interviews were held with the five highest ranked firms on March 3, 2021 and March 4,
2021. An evaluation panel of six individuals representing City of Menifee Engineering staff,
Caltrans staff, and County of Riverside Transportation Department staff participated in the
interviews. The following firms were interviewed:
1. Dokken Engineering
2. Kimley-Horn & Associates
3. T.Y. Lin International
4. TRC Engineering
5. Mark Thomas & Company, Inc.
A summary of the proposal and interview scores for all the firms that submitted proposals is
provided in the table below (Sorted by Total Aggregate Score). The interview scores for those
firms that were not shortlisted are listed as “N/A”:
After the scores were evaluated and results compiled, Dokken Engineering was determined to be
the highest rated proposer, and their cost proposal was opened. Dokken’s cost proposal was in
the amount of $3,568,459. After negotiations with City Dokken agreed to reduce its cost proposal
to $3,209,188, a reduction of $359,271. City staff have determined that the revised cost proposal
Item Title:10.7
Dokken Engineering Agreement for the McCall Boulevard &I-215 Interchange Project (CIP 14-01)
Item Page Number:2
Menifee Mayor and City Council April 21,2021
Page 129 of 367
City of Menifee Staff Report
Agreement with Dokken Engineering to Provide PA&ED and PS&E for CIP 14-01
April 7, 2021
Page 3 of 3
4
2
0
is reasonable and consistent with the Scope of Work specified in the RFP. Dokken Engineering
was thus selected as the most qualified firm to provide PA&ED and PS&E for CIP 14-01.
STRATEGIC PLAN OBJECTIVE
Accessible and Interconnected Community
FISCAL IMPACT
The fiscal impact of the proposed agreement with Dokken is $3,209,188, excluding any future
necessary contract amendments. $700,000 of this amount has been budgeted within the FY
2020-2021 adopted budget under the accounts listed in the table below:
Fund Project Account
Number
Available
Balance
Appropriation
Amount
Total
Amount
TUMF
(310)
McCall
Interchange
310-4555-58019 $700,000 $2,152,230 $2,852,230
DIF
Citywide
Circulation
(526)
McCall
Interchange
526-4555-58019 $356,958 $356,958
TOTAL $700,000 $2,509,188 $3,209,188
The City previously executed a reimbursement agreement on July 15, 2020 with the Western
Riverside County of Governments (WRCOG) for $2,852,230 specific to the McCall and I-215
Interchange Project. During the FY20/21 budget adoption process, the City had originally
anticipated spending approximately $700,000 of the $2,852,230 during the current year, and
therefore allocated this amount in the budget.
Based on the total PA&ED and PS&E costs for the agreement with Dokken, the remaining
unappropriated balance of $2,152,230 is now requested. An additional $356,958 in appropriations
from DIF (526) Citywide circulation is also being requested. However, staff will be returning to
WRCOG to request the $356,958 be added to the original reimbursement agreement. Should the
City be successful in requesting the additional $356,958, staff will return with to City Council for a
budget adjustment Resolution to recognize the additional TUMF funding.
ATTACHMENTS
1. Dokken Engineering Agreement
2. Budget Amendment Resolution – Fund 310
3. Budget Amendment Resolution – Fund 526
Item Title:10.7
Dokken Engineering Agreement for the McCall Boulevard &I-215 Interchange Project (CIP 14-01)
Item Page Number:3
Menifee Mayor and City Council April 21,2021
Page 130 of 367
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 14-01 MCCALL BOULEVARD & I-215 INTERCHANGE
PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENTS (PA&ED) AND
PLANS, SPECIFICATIONS AND ESTIMATES (PS&E) SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _____ day of _____, 2021 (“Effective Date”) by and between the CITY OF MENIFEE, a
California municipal corporation, (“City”) and DOKKEN ENGINEERING, a California C
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 April 21, 2021
and shall end on June 30, 2027 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.
2671/031858-0001 7630376.2 a02/25/21
Item Title:10.7
Dokken Engineering Agreement for the McCall Boulevard &I-215 Interchange Project (CIP 14-01)
Item Page Number:4
Menifee Mayor and City Council April 21,2021
Page 131 of 367
2671/031858-0001 7630376.2 a02/25/21 -2-
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate
physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed THREE MILLION TWO HUNDRED NINE THOUSAND ONE HUNDRED EIGHTY EIGHT DOLLARS AND ZERO CENTS ($3,209,188.00) 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;
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g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable 29844 Haun Road Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 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
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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.
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
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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. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
c. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees, agents,
and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have the
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right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference: CIP 14-01 MCCALL BOULEVARD & I-215 INTERCHANGE PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENTS (PA&ED) AND PLANS, SPECIFICATIONS AND ESTIMATES (PS&E) 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.
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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
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,
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“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
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
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Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State 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.
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SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
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;
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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.
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.
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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.
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 Pamela Dalcin-Walling, Project Manager (“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.
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10.8 City Contract Administration. This Agreement shall be administered by a City employee, Carlos Geronimo, Principal 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:
DOKKEN ENGINEERING Attn: Pamela Dalcin-Walling, Project Manager 110 BLUE RAVINE ROAD, SUITE 200 FOLSOM, CA 95630
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee 29844 Haun Road Menifee, CA 92586 Attn: Carlos Geronimo, Principal 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
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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.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of
the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors,
assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event of any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
John A. Klemunes, Jr, President
Cathy Chan, Secretary
[Corporation must have two signatures]
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EXHIBIT A
SCOPE OF SERVICES
Services shall include Project Approval and Environmental Documents (PA&ED) and Plans, Specifications and Estimates (PS&E) Services for the CIP No.14-01 McCall Boulevard & I-215 Interchange Project in the amount not to exceed of THREE MILLION TWO HUNDRED NINE THOUSAND ONE HUNDRED EIGHTY EIGHT DOLLARS AND ZERO CENTS
($3,209,188.00) as further detailed in the following pages.
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RESOLUTION NO. 21-___
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 No. 20-916 on June 3rd, 2020; and
WHEREAS, the City of Menifee does from time to time have unanticipated revenues
and/or expenditures arise; and
WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget
resources to continue and enhance 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 to reflect an additional revenue source and a corresponding additional expenditure as
follows:
AMENDMENTS TO ADOPTED BUDGET:
Fund 310 (TUMF) Adopted FY 2020/21 Revenue Budget: $2,891,230
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT #AMOUNT
March 3, 2021 FY20/21 Mid-Year
Adjustments
310-3800 ($38,500)
TOTAL:($38,500)
Amended TUMF Fund FY 2020/21 Revenue Budget: $2,852,730
Fund 310 (TUMF) Adopted FY 2020/21 Expenditure Budget: $996,463
2. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT #AMOUNT
October 21, 2020 Budget Carryovers Various $2,148,931
April 7, 2021 CIP 14-01: McCall
Boulevard & I-215
Project
310-4555-58019 $2,152,230
TOTAL:$4,301,161
Amended Fund 310 (TUMF) Fund FY 2020/21 Expenditure Budget: $5,297,624
3. Record Transfer of Funds:
FROM ACCOUNT #TO ACCOUNT #AMOUNT
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Amending the Fiscal Year 2020/21 Fund 310 (TUMF) Fund Budget
2
4
3
0
5
7
TOTAL:0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY
RESOLVE AS FOLLOWS:
The annual budget for the Fund 310 (TUMF) for the City of Menifee for fiscal year 2020/21
is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
Expenditures:
CIP 14-01: McCall Boulevard & I-215 Project 2,152,230
Amended TUMF Fund FY 2020/21 Budget: $5,297,624
PASSED, APPROVED AND ADOPTED this 7th day of April 2021.
_____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney
Item Title:10.7
Dokken Engineering Agreement for the McCall Boulevard &I-215 Interchange Project (CIP 14-01)
Item Page Number:93
Menifee Mayor and City Council April 21,2021
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RESOLUTION NO. 21-___
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 No. 20-916 on June 3rd, 2020; and
WHEREAS, the City of Menifee does from time to time have unanticipated revenues
and/or expenditures arise; and
WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget
resources to continue and enhance 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 to reflect an additional revenue source and a corresponding additional expenditure as
follows:
AMENDMENTS TO ADOPTED BUDGET:
Fund 526 (Citywide Circulation) Adopted FY 2020/21 Revenue Budget: $1,708,300
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT #AMOUNT
March 3, 2021 FY20/21 Mid-Year
Adjustments
Various $1,200,500
TOTAL:$1,200,500
Amended Fund 526 Fund FY 2020/21 Revenue Budget: $2,908,800
Fund 526 (Citywide Circulation) Adopted FY 2020/21 Expenditure Budget: $2,424,349
2. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT #AMOUNT
October 21, 2020 Budget Carryovers Various $1,723,638
April 7, 2021 CIP 14-01: McCall
Boulevard & I-215
Project
310-4555-58019 $2,152,230
TOTAL:$4,301,161
Amended Fund 526 Fund FY 2020/21 Expenditure Budget: $6,300,217
3. Record Transfer of Funds:
FROM ACCOUNT #TO ACCOUNT #AMOUNT
Item Title:10.7
Dokken Engineering Agreement for the McCall Boulevard &I-215 Interchange Project (CIP 14-01)
Item Page Number:94
Menifee Mayor and City Council April 21,2021
Page 221 of 367
Amending the Fiscal Year 2020/21 Fund 526 (Citywide Circulation) Fund Budget
2
4
3
0
5
8
TOTAL:0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY
RESOLVE AS FOLLOWS:
The annual budget for the Fund 526 (Citywide Circulation) for the City of Menifee for fiscal
year 2020/21 is hereby increased and amended to reflect unanticipated revenues and
expenditures as follows:
Revenues:
Expenditures:
CIP 14-01: McCall Boulevard & I-215 Project $2,152,230
Amended Fund 526 FY 2020/21 Budget: $6,300,217
PASSED, APPROVED AND ADOPTED this 7th day of April 2021.
_____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Sarah A. Manwaring, City Clerk Jeffrey T. Melching, City Attorney
Item Title:10.7
Dokken Engineering Agreement for the McCall Boulevard &I-215 Interchange Project (CIP 14-01)
Item Page Number:95
Menifee Mayor and City Council April 21,2021
Page 222 of 367
CITY OF MENIFEE
SUBJECT: Design Agreement with CannonDesign for the New Fire
Station No. 5, Capital Improvement Project No. 21-04
MEETING DATE: April 21, 2021
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. Approve and execute a Professional Services Agreement with CannonDesign for
Architectural and Engineering Design Services for the New Fire Station No. 5, CIP 21-04,
in the amount not-to-exceed $612,347, and
2. Authorize the City Manager to execute change order(s) for additional unanticipated
expenditures required to execute the design of the project, in an amount not-to-exceed
10% of the contract amount or $61,230.
DISCUSSION
The existing Fire Station No. 5 is located in the Quail Valley community of the City,
approximately 300 feet south of Vista Way on Goetz Road. It is a one-story wood frame
building constructed in the 1960’s that currently houses three fire personnel and two fire
engines. Due to its age, the existing fire station has become obsolete and does not meet
the basic requirements of modern fire stations. In addition, with increasing residential and
commercial development in recent years and projected population growth in the fire
station’s service area, a new and modern fire station that can house an appropriate
number of fire personnel and modern fire equipment became a priority to provide the
desired level of service for the service area of Fire Station No. 5.
The new Fire Station No. 5 Project, included in the FY 20/21 Capital Improvement Project
(CIP) Program will replace the old Fire Station No. 5. The new fire station will be
constructed on a 1.41-acre vacant lot located one mile south of the existing fire station on
the west side of Goetz Road. The basic design of the new fire station shall include: drive-
through apparatus bays designed for three fire engines; six bedrooms; three bathrooms;
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City of Menifee Staff Report
CIP 21-04 New Fire Station 5 - Design agreement with Cannon
April 21, 2021
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gym facility; three office spaces; a lobby/reception area; kitchen and dining areas;
living/day room; and other amenities required to support the expanded capacity of the
new station. The new fire station will be designed to accommodate future expansion as
service needs demand.
In order to accomplish this project, architectural and engineering services are needed to
produce construction documents with commercial quality design that will provide efficient
operation layout without unreasonable architectural, structural, mechanical and electrical
failure or deficiency throughout the expected life of the facilities.
Request for Proposal (RFP) Process:
On January 25, 2021, the City of Menifee issued a Request for Proposals (RFP) #2021-
9 for the architectural and engineering services component of the fire station project,
following the City’s purchasing Ordinance for Architect & Engineering Professional
Services.
The purpose of the RFP process is to obtain the most qualified and experienced firm that
best understands and meets the City’s requirements and scope of work to complete the
project on time and within budget. RFPs help ensure transparency and show the public
that the City is accountable for project goals and vendor choices.
The City received a total of twelve responses to the RFP. An evaluation committee
consisting of four city staff members experienced in the requirements of the RFP,
evaluated the submittals based on specific criteria and scoring parameters stated in the
RFP. The cost proposals were required to be submitted separately and were not
included as part of the initial evaluation review and scoring. By not including the cost
proposals in the initial evaluation process, the evaluation committee can focus their
review on the individual firm’s experience, qualifications, and project understanding.
Below is a summary of the initial (proposal) evaluation and scoring of the proposals
received:
Firm Name Proposal
Initial Review
(Maximum Pts – 100)
Interview Finalist
STK Architecture, Inc.89.75 Yes
CannonDesign 88.25 Yes
Rubio Medina, Architect 87.25 Yes
Jeff Katz Architecture Corporation 86.53
domusstudio architecture, LLP 86.50
HMC Architects 85.75
LPA, Inc 84.63
WLC Architects, Inc.84.13
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City of Menifee Staff Report
CIP 21-04 New Fire Station 5 - Design agreement with Cannon
April 21, 2021
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Holt Architecture 83.63
SGH Architects 83.38
TR Design Group, Inc.80.63
Brian F Knight Architect, Inc 78.25
Subsequently, an evaluation panel of five individuals from City of Menifee Engineering,
Planning, Building & Safety and Community Services Departments, and Cal Fire staff
participated in the interviews. The finalists were evaluated on the following components:
1. Part I: Presentation (10-15 minutes), representing 30% of the overall interview score
2. Part II: Questions & Answers (Q &A), representing 70% of the overall interview score
Individual interviews were held with the top three finalists on 3/24/2021:
1. CannonDesign
2. Rubio Medina, Architect
3. STK Architecture, Inc.
Below is a summary of the final (interview) evaluation and scoring of the proposals
received:
Firm Name Interview Finalist
Final Review
(Maximum Pts – 38) (Weighted Scoring)
CannonDesign 32.18
STK Architecture, Inc.29.41
Rubio Medina, Architect 28.52
Based on the compiled Interview evaluations and established evaluation criteria,
CannonDesign is the overall highest-ranking proposal.
Following the interview results, the cost proposal from CannonDesign was
opened. Cannon Design’s initial fee proposal was in the amount of $794,537 (including
Construction Administration). The City’s estimate for the work is $756,000. After meeting
with Cannon Design to narrow down the scope of work, the City of Menifee agreed to
award the contract without the Construction Administration scope at this time. The
Construction Administration scope will be revisited later and will be analyzed in more
detail with the Construction Manager. Therefore, the agreed price for this contract is in
the amount not-to-exceed $612,347 for the Design Phase while the City’s estimate for
this phase is $630,000. The scope of work and fee proposal have been determined to be
consistent and reasonable by City Staff.
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Design Agreement with CannonDesign for the New Fire Station No.5,Capital Improvement Project No.21-04
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City of Menifee Staff Report
CIP 21-04 New Fire Station 5 - Design agreement with Cannon
April 21, 2021
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CannonDesign proposal was determined in the evaluation phase to be the most beneficial
to the City and best meets the overall needs of the City taking into consideration the
evaluation factors set forth in the Request for Proposal.
The table below shows the cost proposal submitted by each firm. The cost proposals
were not included as part of the evaluation process as stated above and are shown here
for reference only:
Firm Name Submitted
Fee
Proposal
Notes
STK Architecture, Inc.$ 560,708
CannonDesign $ 794,537
Rubio Medina, Architect $ 303,755
Jeff Katz Architecture Corporation $ 486,820
domusstudio architecture, LLP $ 786,401
HMC Architects $ 588,379 Construction Administration phase was not included
LPA, Inc $ 432,312
WLC Architects, Inc.$ 490,000
Holt Architecture $ 550,071 Omit LEED and Related Commissioning
SGH Architects $ 493,500
TR Design Group, Inc.$ 564,945
Brian F Knight Architect, Inc $ 604,180 Construction Administration phase was not included
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The current fiscal impact for this item is $612,347.
This item is currently budgeted within fiscal year 2020-2021 in 508-4555-58102.
Fund Number Fund Name Account Number Available Funds
508 New Fire Station #5 508-4555-58102 $820,000
ATTACHMENTS
1. CannonDesign Scope of Work
2. CannonDesign Professional Services Agreement
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Design Agreement with CannonDesign for the New Fire Station No.5,Capital Improvement Project No.21-04
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3
Detailed Work Plan & Tentative Project Schedule
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Detailed Work Plan
We recognize that to successfully deliver a project in today’s environment requires the collaboration of many specialists. To successfully integrate all expertise requires open communication, common goals, teamwork, and a proven process. The many complex and important issues related to the successful completion of this project and its use are a key responsibility of the design team.
Two essential forces drive change in Fire Station facilities — opportunity and obsolescence. An effective design solution defines rational and achievable development options that support defined opportunities and, through the exploration and implementation of innovative design elements, mitigate obsolescence. CannonDesign uses a unique project approach that recognizes these drivers, so that every opportunity for transformation is maximized, and the likelihood of obsolescence is minimized.
INTEGRATING SUSTAINABILITY INTO THE DESIGN PROCESS
As a public building in California, we know that the new chemistry building will adhere to California Title 24 environmental requirements. We host a sustainability workshop during conceptual design to outline the building’s sustainability goals and align them with those of the campus and California’s Title 24 requirements.
A Fire Station utilizes more energy than a typical building because of the 24/7 occupancy, water usage and apparatus bay heating/cooling. CannonDesign is a leader in sustainable design for academic and research facilities and we are eager to find ways to reduce energy consumption throughout new Fire Station building. Three areas where we can focus on improving building sustainability include:
–Reducing air flows to reduce energy use
–Reducing equipment plug loads that drive energy use
–Reducing water use
The new Fire Station will achieve a minimum of Silver certification per current LEED NC criteria. To further benefit occupant health, indoor air quality will meet or surpass ANSI/ASHRAE 62.1-2007. Beyond traditional energy-saving design, we use the multiple software platforms to simulate whole building energy performance in three categories:
–Conceptual models to inform “big picture” design decisions during conceptual design
–Micro-models to inform specific design details, such as exterior skin options
–Macro-models to detail whole-building modeling that predicts energy usage and, in the final design stages, informs the documentation and building operation strategies
A PROCESS FOR INNOVATION
Our process begins with a series of workshops that seek to define the DNA of the project, a process that we call prototyping. Our prototyping workshops will help uncover hidden challenges and opportunities, resulting in a richer research vision that will better guide future solutions. What we learn during the prototyping process will illuminate our exploration of novel design ideas. We describe the prototyping process in the Methodology section of this RFP response.
COMMUNICATION FRAMEWORK
A prerequisite in preparing for a successful planning and design process, CannonDesign will work with the City of Menifee and Fire Station personnel to identify internal and external stakeholders who will be impacted by the facility.
ENGAGEMENT—ACTIVITIES TO FACILITATE INPUT
Our team will facilitate activities aligned with the stakeholder group(s). During program validation, interviews and observations of current spaces and operations will be used to gather information and discuss potential future need. Flows of operations, materials, and people will be observed. Surveys may also be conducted to gather technical information and details, as well as time spent by staff in various spaces.
Throughout design, workshops will be conducted with stakeholders to facilitate discussions that build upon your vision and develop a model that will support flexibility and positive outcomes. The activities will address internal/external collaborations and design opportunities. Sessions will be facilitated with technology support to accommodate real-time scenario changes of blocking of program elements.
We are aware of the significant time investment that will be required of City of Menifee and Fire Station personnel to deliver a high-performing Fire Station, particularly during the early programming and planning phases of the project. We will be respectful of this time commitment and provide a roadmap of activities, meetings, and milestones so that participation can be coordinated well in advance. Regular meetings will be scheduled based on the stakeholders and level of meeting frequency required for each.
ABILITY TO MEET SCHEDULE
Pull planning techniques will be utilized to develop an overall, comprehensive project design schedule. Our pull planning process involves the core design team, City of Menifee and Fire Station stakeholders in interactive scheduling sessions that begin with schedule goals and, then, identify important milestones, decisions, and deliverables—with input and buy-in from all parties. Time is included for important client activities, such as reviews,
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approvals, and any mandatory or jurisdictional presentations/approvals.
ABILITY TO CONTROL COST
A rigorous Target-Value-Design communication and budgeting tool will be implemented in collaboration with the estimator to verify at each stage that the project design is tracking with the budget. Cost estimate reconciliation with the estimator will be conducted at each milestone. Value Engineering will be used to validate that the City of Menifee is receiving the highest value for every dollar spent. The Target-Value-Design method helps to predict early in the process where the greatest cost benefits can be achieved. Its steps include:
–Define value and establish priorities with the City of Menifee and Fire Station team.
–Perform life-cycle cost analysis to assess the ROI of products and systems to ensure the design life for the new Fire Station will be 50 years or more.
–Devise innovative constructability strategies that cost less and perform better.
–Estimate early and often and reconcile these estimates with the City’s Construction Manager.
DOCUMENTATION AND INTEGRATION OF TECHNOLOGIES
CannonDesign combines innovative design thinking with industry-leading technical proficiency. We use Building Information Modeling (BIM) to visualize the complex design that results from this combination and to detect potential problems with the proposed design before advancing to the next project phase. Proficiency in Revit is a requirement for all our design and production staff and implementation of strategic BIM-based solutions is a basic responsibility for all project leaders.
We will use BIM to facilitate collaboration with the City of Menifee and Fire Station team and the general contractor. We
use e-SPECS to fully integrate our model with our specifications and to connect our cost estimates to the BIM. To harness the vast amount of data contained in our models, we use a variety of parametric applications to develop our own customized, algorithmic-based programs to set design strategies. This allows us to analyze quantitative data pertaining to client goals early in design—everything from energy use to curtain wall optimization to operational efficiency.
During the later stages of the project, we will:
–Work with the contractor to implement clash detection, using Navisworks software to determine interference among building utilities and structural elements—and to coordinate the spatial relationships among the model’s components, assemblies, and systems, and their final progression as defined in the BIM execution plan.
–Coordinate the evolving building components, assemblies, and systems to ensure that the occupiable space needed by these building systems is adequate and that the systems can be integrated without interfering with one another while maintaining accessibility and serviceability.
DESIGNING DURING THE PANDEMIC
In the event that the Covid-19 pandemic continues to limit face-to-face meetings, our team is fully prepared to conduct workshops, design work, and collaboration from afar via remote format, as directed by the City of Menifee. Throughout the pandemic, our team has led programming and concept design with clients through an enhanced remote collaboration environment. Our team can use Microsoft Teams, Go-to-Meeting, Zoom, or WebEx to host meetings. Additionally, we use remote collaboration software, such as Miro Board, which allows us to place images, drawings, sketches, or any other document into a
virtual whiteboard space and then zoom in and out on the item under discussion. Each Miro user can draw on the screen in an assigned color—emulating a collaborative environment much like in-person meetings. Additionally, the team uses the communication platforms and other remote software to quickly share design sketches, programming spreadsheets, and other materials.
PRE-DESIGN AND DEVELOPMENT PHASE
CannonDesign will utilize the initial basic design program elements, indicated in the RFP to analyze, and begin the development of the project program. These items include: a drive-through Apparatus Bay for three (3) fire engines; six (6) Bedrooms; three (3) Bathrooms, a Gym facility; three (3) Office spaces; a Lobby/Reception area; Kitchen and Dining areas; and a Living/Day room.
In addition, CannonDesign will analyze existing call volume, response time requirements, fire personnel, fire equipment, existing and future development in the area of the proposed fire station, etc. We will develop a Code Analysis to ensure the design and engineering for the new Fire Station will comply with the current edition of the California Building Code, Fire, Plumbing, Mechanical, Electrical codes and Greenbook Standards and Guidelines.
We will meet City Engineering, Planning, Building and Fire Departments to further analyze needs and spaces. Based on our analysis, the stated programmatic needs, the information developed in conjunction with the City department, we will the verify whether the basic design requirements are appropriate for this facility, under-over-sized, and whether modifications are required and what those modifications should be. We will document this process, analysis, and recommendations in a Space Needs Assessment.
With the Space Needs Assessment in place, we will work with the City to
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develop the Functional Program for the Building and Site. The outcome will be documents in the Building Program Document that will be a part of the Basis of Design Criteria, which will include preliminary ROM cost estimating and early engineering requirements.
Site Planning for the new Fire Station
CannonDesign will study the site utilizing surveys, geotechnical investigation, utility, and telecommunication agencies coordination (Eastern Municipal Water District, Southern California Edison, the Gas Company, Verizon, etc.) to develop several alternative site planning studies. We will then work with the City to determine the best solution which considers the building placement, exterior circulation, access, and parking. This solution, based on survey information, coordination and collaboration with the City will be the Schematic Site Plan and will also be included Building Program Document.
30% SCHEMATIC DESIGN (SD)
After the Pre-Design and Development Phase has honed the vision for the building into a workable prototype, the form and character of the building will begin to take shape along with the desired site characteristics. At this time, several building plan alternatives will be provided, and reviewed. Exterior massing and elevations will be developed and architectural rendered for a cohesive Conceptual Design. The design will be presented to the City Planning department for initial review.
Moving forward, with adjustments as recommended by the City and Planning, we will develop the Schematic Design documents for one selected design concept. During this period, our process for meeting with the City will be through a series of work sessions. Using BIM models, plans, sketches, and renderings, we will explore and communicate building alternatives collaborating with the City on the design to ensure acceptance and compliance as we move forward. These plans will
include, at a minimum: site plan(s), building plans, exterior elevations, roof plans, building sections, and Civil, Landscape Architecture, Structural, Mechanical, Electrical, Plumbing Engineering. In addition, we will begin to develop building materials selecting colors and materials. The site and building are continuously being designed with sustainability and building life-cycle in mind. While we are always testing the design to the budget, at the completion of SD, the documents produced will go through a pricing confirmation with the team’s cost estimator to provide a formal Schematic Design Construction Cost Estimate. The plans, renderings, design material and estimate will be presented to the City to gain feedback and acceptance to move forward.
DESIGN DEVELOPMENT (DD)
As we advance to the DD phase, CannonDesign will further develop the design intentions for each component of the project, continuing to collaborate with the City, refining the building’s overall character, dimensions, materials, and quality. During this phase, The Civil, Mechanical, Electrical, Plumbing, and Structural Engineers will respond to the design and develop systems for the project. The interior design and sustainability standards will be developed.
The documents produced at the completion of DD will also go through a pricing confirmation (as in SD) with the team’s cost estimator. Again, the team will align costs with the budget by recommending adjustments to the design or materials. We will obtain City and Stakeholder approvals of all design direction before finalizing the documents. The Design Development Documents will include: Civil site plan (precise grading plans), building plans and sections, interior elevations, exterior elevations, wall sections, reflected ceiling plan, structural plans, framing plans, mechanical, plumbing, and electrical plans, landscaping and irrigation plans; outline specifications describing basic materials and systems,
material samples and color board, and exterior rendering.
Once finalized, the documents and estimate will be packaged and reviewed with City to review deliverables, make corrections as required. Then, we will meet with the entire stakeholder team and present the Design Development package. Finally, we will present project to Planning Commission.
60% CONSTRUCTION DOCUMENTS (60% CD)
At the commencement of this phase, emphasis will shift to the production of technical documents. CannonDesign will work closely with The City to make sure project budget stays on track and with all project consultants to ensure that all project parameters are maintained. The nature of this phase dictates frequent client/consultant team meetings and work sessions to encourage constant communication among all team members.
CannonDesign will prepare 60% CD plans. The 60% CD plans will present all proposed project features and are anticipated to include the following, but not limited to: title sheet, architectural, mechanical, electrical, plumbing, communications, structural, civil, landscape, and lighting plans. Consultant shall also prepare a draft set of technical provisions / specifications based on the City’s template. The 60% CDs will go through a final pricing confirmation with the team’s cost estimator. Once more, we will reconcile any discrepancies between cost and budget, adjusting the design or materials as necessary. After receiving final approval, we will finalize the documents.
CannonDesign will coordinate and provide submittals with appropriate utility agencies based on agencies standards and guidelines for all utility connections. In addition, CannonDesign will prepare the initial Water Quality Management Plan (WQMP) for review.
AGENCY REVIEW
Through teamwork and open
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communication, we work with the County, City, and Fire Authority from the start to ensure that all required documents and forms are completed in a timely manner.
As the project moves through construction, timely Interim Reports will be filed by our Design Team and any required post approval documents, (deferred submittals, revisions, addenda, construction change documents), will be developed, submitted, and tracked through approval. With the implementation of the Bluebeam Studio Electronic Plan Review process, all post approval documents are also reviewed using this platform in order to streamline the review and approval process.
We understand The City will be responsible for pulling all necessary permits, paying all fees pursuant to the RFP. In addition, the City will complete and submit all CEQA required documents.
95% DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
After receiving and discussing City comments on the 60% design plans and special provisions, CannonDesign will prepare a 95% PS&E package for the City review. The 95% PS&E will complete the details for the design features developed in the 60% design plans and present the complete draft bid package (electronic submittal), including an updated construction cost estimate, WQMP, and SWPPP.
100% DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE (100% PS&E)
After receiving and discussing City comments on the 95% PS&E, CannonDesign will prepare a 100% PS&E package based on comments from the City on the 95% PS&E submittal. This package will primarily incorporate changes due to the comments and complete any final missing details. The 100% PS&E shall be submitted for one final review by the City. This package will include an electronic submittal of all architectural and engineering documents, Project
Manual, Estimate, Final WQMP, and Final SWPPP.
This submittal constitutes the Final Bid Package. This package is ready to advertise and will include signed and stamped mylars of the final plans, electronic word version of the final special provisions and incorporated in the City’s template including final bid schedule, one (1) hard copy and electronic copy of all final reports including but not limited to Water Quality Management Plan, Supplemental Geotechnical Reports (if needed), etc. In addition, we will submit electronic version of all base files, sheet-drawing files, and survey files used in the design of the proposed Fire Station later.
QUALITY ASSURANCE/QUALITY CONTROL DURING THE DESIGN PHASE
Throughout the Design Phase, CannonDesign will continue to carry out the rigorous QA/QC process that began in the Pre-Design Phase.
BIDDING AND AWARD PHASE
CannonDesign will a) Assist City with bidding the project. We will attend the pre-bid conference and site walk and lead if appropriate; answer bidders’ requests for information (RFIs); and prepare clarifications and addenda as required.
CONSTRUCTION ADMINISTRATION
Construction Administration (CA) requires competence and responsiveness. During construction it is imperative that the strength and speed of all communication be at their highest and most efficient. Developing a partnership relationship between the design team and the construction team based on trust, honesty, and integrity allows integrated solutions to be developed and questions to easily be responded to; a relationship that is critical to the success of this phase. The continuity of the design team is also crucial, to ensure that the vision and objectives developed during the planning stages are carried through as questions arise during construction. With our local presence and our
regional expertise, CannonDesign is ready to partner with the City of Menifee, the contractor, and the entire team in delivering a successful project. The various tasks include the following:
–Provide a conformed set of construction documents with all addenda and plan check comments and stamp, “Issued for Construction”.
–Field Visits: Attend weekly construction meetings administered and recorded by City’s project manager; review construction progress.
–Weekly field observation reports.
–Submittals and RFls: Review and respond to contractor’s submittals and RFls.
–Clarifications: Provide clarification drawings as required.
–Upon request from the City’s project manager, review contractor’s cost proposals for additional work.
–Punch list: Upon notification from contractor that the work is complete, prepare punch lists.
–Follow up with site visits and updated punch lists.
–Sign-off on substantial completion.
–Review contractor’s as-built records for completeness. Report any deficiencies.
PROJECT CLOSE-OUT AND RECORD DRAWINGS
At the conclusion of the Construction Administration phase, we will close out the project pursuant to the contract documents, which will include a complete set of record drawings based upon the most recently issued contract documents. This set will include changes that occurred during construction that were issued by the Design Team. We will finally, perform a walk-through of the project at 6-months and 9-months post construction.
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Tentative Project Schedule
TASK SCHEDULE DURATION START FINISH
Notice to Proceed 0 days Mon 4/5/21 Mon 4/5/21
Pre-Design & Development Phase 25 days Mon 4/5/21 Fri 5/7/21
Kick-Off Meeting 0 days Mon 4/5/21 Mon 4/5/21
New Site & Existing Facility Analysis 5 days Mon 4/5/21 Fri 4/9/21
Interviews 10 days Mon 4/5/21 Fri 4/16/21
Perform Code Analysis 2 days Mon 4/5/21 Tue 4/6/21
Develop Space Needs Assessment 5 days Mon 4/12/21 Fri 4/16/21
Meet with City Departments 5 days Mon 4/19/21 Fri 4/23/21
Coordinate with utility and telecommunication agencies 10 days Mon 4/19/21 Fri 4/30/21
Develop Building Program Document 2 days Mon 5/3/21 Tue 5/4/21
Develop Basis of Design 5 days Mon 5/3/21 Fri 5/7/21
Site Planning for the New Fire Station Phase 15 days Mon 5/19/21 Fri 5/28/21
Develop Site Plan Alternatives 10 days Mon 5/10/21 5/21/21
Review Site Plan Alternatives with City 0 days Fri 5/21/21 Fri 5/21/21
Modify selected Site Plan 5 days Mon 5/24/21 Fri 5/28/21
Present selected Site Plan with modifications for City approval 0 days Fri 5/28/21 Fri 5/28/21
30% Schematic Design Phase for the New Fire Station 35 days Mon 5/31/21 Fri 7/16/21
Prepare Building Plan Alternatives for City Review 15 days Mon 5/31/21 Fri 6/18/21
Present Building Plan Alternatives to City 0 days Fri 6/18/21 Fri 6/18/21
Modify selected Building Plan 5 days Mon 6/21/21 Fri 6/25/21
Present selected Building Plan with modifications for City approval 0 days Fri 6/25/21 Fri 6/25/21
Prepare Schematic Design documents from selected plan 15 days Mon 6/28/21 Fri 7/16/21
Prepare Initial LEED Concepts/Scorecard 2 days Mon 6/28/21 Tue 6/29/21
Meet & review with City for occupancy and code compliance requirements 2 days Mon 6/28/21 Tue 6/29/21
Prepare a Construction Cost Estimate 5 days Mon 6/28/21 Fri 7/2/21
City internal review 5 days Mon 7/5/21 Fri 7/9/21
City Authorization to commence with DD Phase 0 days Fri 7/9/21 Fri 7/9/21
Design Development Phase 40 days Mon 7/12/21 Fri 9/3/21
Architectural & Engineering Development & Production 15 days Mon 7/23/32 Fri 7/30/21
Review Meeting with City Staff and Fire Department to develop interior and exterior material finishes 0 days Fri 7/30/21 Fri 7/30/21
Develop / Refine Design & Engineering Systems 10 days Mon 8/2/21 Fri 8/13/21
Develop sustainability standards and interior elevations 10 days Mon 8/2/21 Fri 8/13/21
Architectural & Engineering Development & Production 10 days Mon 8/2/21 Fri 8/13/21
Design Development Review Meeting 0 days Fri 8/13/21 Fri 8/13/21
Prepare Design Development Project Manual / Specifications 10 days Mon 8/16/21 Fri 8/27/21
Update Statement of Probable Construction Cost 5 days Mon 8/16/21 Fri 8/20/21
Review DD Phase Submittal with City - formal submission 0 days Fri 8/27/21 Fri 8/27/21
City review and approval of Design Development Package 5 days Mon 8/30/21 Fri 9/3/21
Authorization to commence with 60% Design Plans Phase 0 days Fri 9/3/21 Fri 9/3/21
City to complete and submit CEQA documents 0 days Fri 9/3/21 Fri 9/3/21
60% Design Plans Phase 40 days Mon 9/6/21 Fri 10/29/21
Design Plans Production 15 days Mon 9/6/21 Fri 9/24/21
Design Plans Meeting 0 days Fri 9/24/21 Fri 9/24/21
Submit Plans to Utility Agencies 0 days Fri 9/24/21 Fri 9/24/21
Prepare Draft WQMP 5 days Mon 9/27/21 10/1/21
26
Item Title:10.8
Design Agreement with CannonDesign for the New Fire Station No.5,Capital Improvement Project No.21-04
Item Page Number:10
Menifee Mayor and City Council April 21,2021
Page 232 of 367
TASK SCHEDULE DURATION START FINISH
Design Plans Production 15 days Mon 9/27/21 Fri 10/15/21
Update Statement of Probable Construction Cost 5 days Mon 10/18/21 Fri 10/22/21
City review and approval of 60% Design Plans Package 5 days Mon 10/25/21 Fri 10/29/21
Authorization to commence with 95% Design Plans Phase 0 days Fri 10/29/21 Fri 10/29/21
95% Design Plans, Specs, & Estimate (PS&E) Phase 55 days Mon 11/1/21 Fri 1/14/22
Design Plans Production - City comment incorporation 13 days Mon 11/1/21 Wed 11/17/21
Prepare Package for City Plan Review 2 days Thu 11/18/21 Fri 11/19/21
Update Statement of Probable Construction Cost 3 days Thu 11/18/21 Mon 11/22/21
Obtain City authorization to submit 95% Design Plans for City Plan Review 4 days Tue 11/21/21 Fri 11/26/21
Submit 95% Design Plans for City Plan Review 0 days Fri 11/26/21 Fri 11/26/21
Plan Review Period 20 days Mon 11/29/21 Fri 12/24/21
Comments Received 0days Fri 12/24/21 Fri 12/24/21
Comments Addressed 10 days Mon 12/27/21 Fri 1/7/22
Backcheck 5 days Mon 1/10/22 Fri 1/14/22
Obtain City Plan Approval of Construction Documents 0 days Fri 1/14/22 Fri 1/14/22
100% Final Plans, Specs, & Estimate Phase 10 days Mon 1/17/22 Fri 1/28/22
Prepare 100% PS&E package based on comments from Plan Check 5 days Mon 1/17/22 Fri 1/21/22
Submit 100% PS&E Plans for final City approval 5 days Mon 1/24/22 Fri 1/28/22
Final Bid Package Phase 0 days Mon 1/28/22 Wed 1/28/22
Prepare complete Final Bid Package for Advertisement 0 days Fri 1/28/22 Fri 1/28/22
Bidding & Award Phase 33 days Mon 1/31/22 Wed 3/16/22
Advertisement 1 and 2 8 days Mon 1/31/22 Wed 2/9/22
Job Walk 0 days Wed 2/9/22 Wed 2/9/22
Bid Period 3 wks Thu 2/10/22 Wed 3/2/22
Open Bids 0 days Wed 3/2/22 Wed 3/2/22
Negotiate / prepare construction contract 10 days Thu 3/3/22 Wed 3/16/22
Construction Administration Phase 200 days Wed 3/16/22 Wed 12/21/22
Award construction contract 0 days Wed 3/16/22 Wed 3/16/22
Provide a conformed set of construction document 0 days Wed 3/16/22 Wed 3/16/22
Mobilization 2 wks Thu 3/17/22 Wed 3/30/22
Demolition & Site Prep 6 wks Thu 3/17/22 Wed 4/27/22
New Construction 28 wks Thu 4/28/22 Wed 11/9/22
Punch List 0 days Wed 11/9/22 Wed 11/9/22
Punch List Work 10 days Thu 11/10/22 Wed 11/23/22
Substantial Completion 0 days Wed11/23/22 Wed 11/23/22
Furnishings and Equipment Installation 20 days Thu 11/24/22 Wed 12/21/22
Equipment Installation 20 days Thu 11/24/22 Wed 12/21/22
Furniture Installation 20 days Thu 11/24/22 Wed 12/21/22
Final Completion of Construction - Occupancy 0 days We 12/21/22 Wed 12/21/22
Post-Construction Phase 195 days Wed 12/21/22 Wed 9/20/23
City to file Notice of Completion for Construction 0 days Wed 12/21/22 Wed 12/21/22
Prepare and submit Record Drawings 10 days Thu 12/22/22 Wed 1/4/23
Walk-through of project at 6-months 0 days Wed 6/21/23 Wed 6/21/23
Walk-through of project at 9-months 0 days Wed 9/20/23 Wed 9/20/23
We have reviewed the time frame of similar projects we have recently completed in Riverside County including: Coachella Library (15,000 sf); Sunline Transportation Authority Administrative Offices (10,000 sf); and the Menifee Library (20,000 sf). These projects have similar time frames to what is proposed above for the new Fire Station No. 5 which is smaller, but similar in complexity to these examples. We are confident in the schedule above and our management of the project will always work to maintain the Schedule throughout the course of the project.
27
Item Title:10.8
Design Agreement with CannonDesign for the New Fire Station No.5,Capital Improvement Project No.21-04
Item Page Number:11
Menifee Mayor and City Council April 21,2021
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CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 21-04 NEW FIRE STATION NO. 5
ARCHITECTURAL AND ENGINEERING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective
this _____ day of _____, 2021 (“Effective Date”) by and between the CITY OF MENIFEE, a
California municipal corporation, (“City”) and CannonDesign, a California Corporation
(“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party”
and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the “Services”). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on April 21, 2021 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 that Consultant is a provider
of first class work and services and Consultant is experienced in performing the Services
contemplated herein, Consultant shall perform the Services required pursuant to this Agreement
consistent with the professional skill and care ordinarily provided by architects practicing in the
same or similar locality under the same or similar circumstances (the “Standard of Care”). The
Standard of Care shall be met at the satisfaction of the Contract Administrator. The Consultant
makes no other representations or warranties, whether express or implied, with respect to the
services rendered hereunder. This limitation shall not be modified by any certification or
representation made by Consultant as an accommodation at the request of the City.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City, reassign such person or
persons.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations
hereunder.
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City
employees during the performance of the Services, Consultant shall comply with all State, County,
and local emergency orders, directives, protocols, and best practices related to the COVID-19
pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate
physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed SIX HUNDRED TWELVE
THOUSAND THREE HUNDRED FORTY SEVEN DOLLARS AND ZERO
CENTS ($612,347.00) 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;
Item Title:10.8
Design Agreement with CannonDesign for the New Fire Station No.5,Capital Improvement Project No.21-04
Item Page Number:13
Menifee Mayor and City Council April 21,2021
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g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received,
for the Services performed according to the Standard of Care, 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 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. Should
Consultant be required to perform services beyond those listed in Exhibit A (“Additional
Services”), Consultant shall be entitled to additional compensation, provided that Consultant
receives advance written approval in the form of a signed contract amendment executed by both
parties.
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.
2.4 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.
2.5 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.7 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 completed according to the Standard of Care 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
Item Title:10.8
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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.
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
Item Title:10.8
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Item Page Number:15
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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.
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’ negligent acts, 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
Item Title:10.8
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right to exercise, at Consultant’s sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference: CIP
21-04 NEW FIRE STATION NO. 5 - ARCHITECTURAL AND ENGINEERING
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.
Item Title:10.8
Design Agreement with CannonDesign for the New Fire Station No.5,Capital Improvement Project No.21-04
Item Page Number:17
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During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies, which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
“Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
Item Title:10.8
Design Agreement with CannonDesign for the New Fire Station No.5,Capital Improvement Project No.21-04
Item Page Number:18
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5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
all of its officers, employees, officials, volunteers, and agents from and against any and all Claims,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
5.3 Limitation of Indemnification 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.
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SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall , subject
to the Standard of Care 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 with respect to third-party
claims 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.
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SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’
written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
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;
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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.
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 upon
payment of all amounts due under this Agreement be the property of City. Consultant hereby
agrees to deliver those documents to City upon the expiration or termination of this Agreement
and payment of all amounts due.. 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 Any Intellectual Property of the Consultant which is already
in existence at the time this Agreement is signed, which may be shared with the City during the
performance of work under this Agreement, shall remain the Intellectual Property of the
Consultant.
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
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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.
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 Waiver of Consequential Damages. Notwithstanding any other provision of this
Agreement , or any other agreement, neither Party shall be liable to the other arty under this
Agreement, whether due to breach of contract, tort (including negligence), strict liability, or
otherwise, for loss of anticipated revenues or profits, damages by reason of loss of business
reputation or opportunities, or for any special, exemplary, punitive, incidental, liquidated or
consequential loss or damage of any nature arising at any time or from any cause whatsoever.
10.3 Compliance. Each party to this contract agrees to comply with all applicable laws,
including the Anti-Bribery and Anti-Corruption laws, of every government entity having
jurisdiction in this matter, as well as the Foreign Corrupt Practices Act (FCPA) of the United
States, the Canadian Corruption of Foreign Public Officials Act (CFPOA) and the Anti-Trafficking
provisions of the Federal Acquisition Regulations. Each party to this contract shall comply with
its respective Code of Conduct (Policy). Further, each party shall use Consultant’s independently
maintained “Ethics Line” to report, anonymously or otherwise, any suspected violation of law or
Policy during the course of the services, including any potential violation of the FCPA, or any
federal or state procurement laws.
By telephone (24 hours a day, 7 days a week): 1.855.502.1878
By email: www.reportlineweb.com/cannondesign
10.4 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.
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10.5 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.
10.6 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.
10.7 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.
10.8 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.
10.9 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Brandon Dekker, Principal (“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.
10.10 City Contract Administration. This Agreement shall be administered by a City
employee, Carlos Geronimo, Principal 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.
10.11 Notices. Any written notice to Consultant shall be sent to:
CannonDesign
Attn: Brandon Dekker, Principal
Turner Riverwalk, 11801 Pierce Street, St 200
Riverside, CA 92505
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Carlos Geronimo, Principal Engineer
with a copy to:
City Clerk
City of Menifee
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29844 Haun Road
Menifee, CA 92586
10.12 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.
10.13 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.
10.14 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.
10.15 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.
10.16 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.
10.17 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.
10.18 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.
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10.19 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.
10.20 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.
10.21 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Brandon Dekker-Principal
Matt Greiner-Senior Vice President
[Corporation must have two signatures]
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EXHIBIT A
SCOPE OF SERVICES
Comprehensive Architectural and Engineering Services in the amount not to exceed SIX
HUNDRED TWELVE THOUSAND THREE HUNDRED FORTY SEVEN DOLLARS
AND ZERO CENTS ($612,347.00) for CIP 21-04 (New Fire Station No.5) as further detailed in
the following pages.
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CITY OF MENIFEE
SUBJECT: Improvement Acceptance and Notice of Completion for
Hillpointe Resurfacing Project, Capital Improvement Project
No. 21-12
MEETING DATE: April 21, 2021
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Associate Engineer
REVIEWED BY: Carlos Geronimo, Principal Engineer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the Improvements for Hillpointe Resurfacing Project, Capital Improvement Project
(CIP) No. 21-12, and
2. Authorize the City Clerk’s Office to file the Notice of Completion for Hillpointe Resurfacing
Project, CIP 21-12 with Riverside County Recorder’s Office.
DISCUSSION
The project improvements consisted of resurfacing existing roads in the Hillpointe nighborhood
with grind and overlay. There were 18 existing non-compliant accessible curb ramps that were
removed and replaced with compliant accessible curb ramps. The length of the project along this
neighborhood was approximately 1.3 linear miles and rehabilitated approximately 245,000 square
feet (5.62 acres) of existing pavement.
The project included improvements in the following streets:
Hillpointe Resurfacing
Road Name From To
Moonridge Drive Culda-sac(west side)Antelope Road
Hillpointe Drive McCall Boulevard Grand Avenue
Deerskin Drive Hillpointe Drive Cannon Drive
Cloud Dance Court Hillpointe Drive Cannon Drive
Cactus Flower Drive Moonridge Drive Grand Avenue
Spring Meadow Court Moonridge Drive End of Cul-de-sac
Cannon Drive Cloud Dance Court Grand Avenue
Raindance Drive Cactus Flower Drive Red Dawn Drive
Red Dawn Drive Raindance Drive Grand Avenue
Item Title:10.9
Improvement Acceptance and Notice of Completion for Hillpointe Resurfacing Project,Capital Improvement Project No.
21-12
Item Page Number:1
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City of Menifee Staff Report
CIP 21-12 Hillpointe Resurfacing- Notice of Completion
April 21, 2021
Page 2 of 2
4
2
8
Filing a Notice of Completion form protects the City from future claims against the project by
providing proper noticing to each contractor, subcontractor, and material supplier that the project
has been completed. The Payment Bond (Labor and Materials Bond) and Performance Bond will
be released 30 days from the date of recording the Notice of Completion, provided that there are
no Stop Notices filed preventing said release.
The City of Menifee Public Works Department Inspection staff inspected the materials supplied,
quality of the materials, construction methods, and workmanship of the project and determined
that the improvements constructed by the contractor (Hardy & Harper Inc.) meet the requirements
of the project as specified in the contract documents.
The project budget of $703,640 was approved at the October 7, 2020 Council Meeting. Funding
for this project was authorized from the following sources:
Fund Account Number Requested Funds
Hillpointe Comm. Asphalt overlay Project 220-4555-58110 $319,236
Hillpointe Comm. Asphalt overlay Project 200-4555-58110 $137,589
Hillpointe Comm. Asphalt overlay Project 105-4555-58110 $246,815
Totals $703,640
Final construction costs are outlined below:
Expenditure Item Approved Budget Final Cost
Construction Contract: $606,000.00 $606,000.00
Construction Contingency: $60,600.00 $20,011.82
Consultant Labor Compliance: $11,480.00 $8,980.00
Construction Management/Inspection (city): $10,000.00 $0
Materials Testing/Geotechnical $15,560.00 $10,225.25
Total Construction Cost: $703,640.00 $645,217.07
*Final Invoice from Labor Compliance Consultant not yet submitted.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no charge for filing a Notice of Completion with the County Recorder’s Office.
ATTACHMENTS
1. Location Map
2. Close Out Documents
3. Notice of Completion
Item Title:10.9
Improvement Acceptance and Notice of Completion for Hillpointe Resurfacing Project,Capital Improvement Project No.
21-12
Item Page Number:2
Menifee Mayor and City Council April 21,2021
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KEY MAP
N.T.S.
Item Title:10.9
Improvement Acceptance and Notice of Completion for Hillpointe Resurfacing Project,Capital Improvement Project No.
21-12
Item Page Number:3
Menifee Mayor and City Council April 21,2021
Page 261 of 367
Item Title:10.9
Improvement Acceptance and Notice of Completion for Hillpointe Resurfacing Project,Capital Improvement Project No.
21-12
Item Page Number:4
Menifee Mayor and City Council April 21,2021
Page 262 of 367
Item Title:10.9
Improvement Acceptance and Notice of Completion for Hillpointe Resurfacing Project,Capital Improvement Project No.
21-12
Item Page Number:5
Menifee Mayor and City Council April 21,2021
Page 263 of 367
Item Title:10.9
Improvement Acceptance and Notice of Completion for Hillpointe Resurfacing Project,Capital Improvement Project No.
21-12
Item Page Number:6
Menifee Mayor and City Council April 21,2021
Page 264 of 367
Item Title:10.9
Improvement Acceptance and Notice of Completion for Hillpointe Resurfacing Project,Capital Improvement Project No.
21-12
Item Page Number:7
Menifee Mayor and City Council April 21,2021
Page 265 of 367
Item Title:10.9
Improvement Acceptance and Notice of Completion for Hillpointe Resurfacing Project,Capital Improvement Project No.
21-12
Item Page Number:8
Menifee Mayor and City Council April 21,2021
Page 266 of 367
Item Title:10.9
Improvement Acceptance and Notice of Completion for Hillpointe Resurfacing Project,Capital Improvement Project No.
21-12
Item Page Number:9
Menifee Mayor and City Council April 21,2021
Page 267 of 367
Item Title:10.9
Improvement Acceptance and Notice of Completion for Hillpointe Resurfacing Project,Capital Improvement Project No.
21-12
Item Page Number:10
Menifee Mayor and City Council April 21,2021
Page 268 of 367
Recording Requested By:
CITY OF MENIFEE
After Recording Mail To:
CITY CLERK
CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103
NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
HILLPOINTE RESURFACING, CIP 21-12
Notice is hereby given that:
Work of improvements on the project herein described was accepted as complete on April 21, 2021. The work done
was: asphalt overlay, construction of ADA curb ramps, replacement of damaged asphalt areas and, re-striping. The
project was done in the city right-of-way in the residential neighborhood of Hillpointe in the City of Menifee, County of
Riverside, State of California.
1. The full name of the Owner is: CITY OF MENIFEE
2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586
3. The undersigned is a Corporate Officer of the Owner of the interest
stated below in the property herein described:
PUBLIC STREET IN
MENIFEE, CA 92586
4. The name of the contractor for such work of construction is:
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State
of California.
STATE OF CALIFORNIA)
Ss
COUNTY OF RIVERSIDE)
I, Sarah A. Manwaring, hereby certify that I am the City Clerk of the City of Menifee, a municipal corporation, which is
the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have
read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under
penalty of perjury under the laws of the state of California; that I make this verification on _________________,
20___ for and on behalf of the City.
_____________________________
Sarah A. Manwaring, City Clerk
Item Title:10.9
Improvement Acceptance and Notice of Completion for Hillpointe Resurfacing Project,Capital Improvement Project No.
21-12
Item Page Number:11
Menifee Mayor and City Council April 21,2021
Page 269 of 367
CITY OF MENIFEE
SUBJECT: Tract 30142-1 Street and Drainage Bond Release, Water and
Sewer 90% Bond Reduction
MEETING DATE: April 21, 2021
TO: Mayor and City Council
PREPARED BY: Vanessa Barrera, Emergency Management Analyst
REVIEWED BY: Yolanda Macalalad, Assistant City Engineer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept Public Improvements and approve the 90% bond reduction for Backbone Water and
Sewer Improvements in Tract 30142-1, Hidden Hills by KB Homes located east of Evans Road
and north of Garbani Road, which is a 51.4 grass acre single-family residential development,
and
2. Accept Public Improvements and approve the Warranty bond release for Backbone Street
and Drainage Improvements in Tract 30142-1, and
3. Accept Public Improvements and approve the 10% Warranty bond release for In-Tract Street
and Drainage and Water and Sewer Improvements in Tract 30142-1.
DISCUSSION
Tract (TR) 30142-1, also known as Hidden Hills Phase I by KB Home Coastal, Inc. is a
development of 114 single family residential homes in a subdivision of approximately 51.4 acres.
The project is located east of Evans Road and north of Garbani Road in the southwest portion of
the City of Menifee as shown in the attached project map.
TR 30142-1 is one of three tract phases in the Hidden Hills Development that was approved by
Riverside County Board of Supervisors in 2004. In 2010, improvement bonds were approved
when the TR 30142-1 final map was recorded. The improvement bonds for the Phase 1 backbone
street and drainage improvements were reduced in December 2011 based on the work completed
at that time. The bonds for the in-tract streets and drainage, water, and sewer were reduced in
August 2015 and a 10% warranty bond retained.
Staff has completed a field review of the project and has determined that the public improvements
Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:1
Menifee Mayor and City Council April 21,2021
Page 270 of 367
City of Menifee Staff Report
TM 30142-1 Bond Reduction and Release
April 21, 2021
Page 2 of 3
4
3
1
have been completed to City specifications and standards and that all project Conditions of
Approval have been met. Therefore, staff recommends acceptance of improvements and 90%
reduction of bonds for the backbone water and sewer improvements with retention of 10%
warranty. Staff is also recommending acceptance of improvements and release of warranty bonds
for the backbone street and drainage, and the in-tract street and drainage and water and sewer
improvements as follows:
A. 90% Bond Reduction - Parcel Map 30142-1 Backbone Water and Sewer Improvements:
Improvement Security Faithful
Performance
(Original
Amount)
Labor &
Materials
(Original
Amount)
Faithful
Performance
(90%
Reduction)
Labor &
Material
(90%
Reduction)
Backbone Water
System
151416 $ 888,000 $ 444,000 $ 88,800 $ 44,400
Backbone Sewer
System
1145788 $ 383,000 $ 191,500 $ 38,300 $ 19,100
TOTAL $1,271,000 $ 635,500 $ 127,100 $ 63,500
B. Warranty Bond Release - Tract 30142-1 Street and Drainage Improvements
Improvement Security
Original
Faithful
Performance
Date Reduced Retained
Warranty
Backbone Streets and
Drainage, Phase 1
Evans Road
151423 $ 1,686,000 12/21/2011 $ 1,155,000
Street and Drainage-
Culverts
1145789 $ 1,138,000 12/21/2011 $ 228,000
Street and Drainage-
Channel
1145785 $ 1,200,500 12/21/2011 $ 559,000
TOTAL $ 4,024,500 $ 902,500
C. 10% Warranty Bond Release – Tract 30142-1 In-Tract Street and Drainage and Water and
Sewer Improvements
Improvement Security
Original
Faithful
Performance
Date Reduced Retained
Warranty
In-Tract Street and
Drainage
1145784 $ 2,117,000 8/5/2015 $ 211,700
In-Tract Water System 1145790 $ 313,000 8/5/2017 $ 31,300
In-Tract Sewer
System
1145787 $ 337,000 8/5/2017 $ 33,700
TOTAL $ 2,767,000 $ 276,700
STRATEGIC PLAN OBJECTIVE
Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:2
Menifee Mayor and City Council April 21,2021
Page 271 of 367
City of Menifee Staff Report
TM 30142-1 Bond Reduction and Release
April 21, 2021
Page 3 of 3
4
3
1
Regular City Business
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. TR30142-1 Project Map
2. TR30142-1 Bonds for Backbone Water and Sewer
3. TR30142-1 Bonds for Backbone Streets and Drainage
4. TR30142-1 Bonds for In-Tract Streets and Drainage Water and Sewer
Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:3
Menifee Mayor and City Council April 21,2021
Page 272 of 367
Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:4
Menifee Mayor and City Council April 21,2021
Page 273 of 367
Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:5
Menifee Mayor and City Council April 21,2021
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Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:6
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Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:7
Menifee Mayor and City Council April 21,2021
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Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:8
Menifee Mayor and City Council April 21,2021
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Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:9
Menifee Mayor and City Council April 21,2021
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Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:10
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Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:11
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Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:12
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Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:13
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Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:14
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Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:15
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Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:16
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Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:17
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Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:18
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Item Title:10.10
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Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:20
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Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:21
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Item Title:10.10
Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:22
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Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:23
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Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:24
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Item Page Number:41
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Item Page Number:42
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Item Page Number:43
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Item Page Number:48
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Item Page Number:49
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Item Page Number:50
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Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:51
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Tract 30142-1 Street and Drainage Bond Release,Water and Sewer 90%Bond Reduction
Item Page Number:52
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Item Page Number:53
Menifee Mayor and City Council April 21,2021
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CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of an Ordinance Approving the
Western Riverside County Multiple Species Habitat
Conservation Plan
MEETING DATE: April 21, 2021
TO: Mayor and City Council
PREPARED BY: Molly Binnall, Management Analyst
REVIEWED BY: Cheryl Kitzerow, Community Development Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Second Reading and Adoption of an Ordinance, repealing County Ordinance No. 810.2 for
the Western Riverside County Multiple Species Habitat Conservation Plan.
DISCUSSION
At the City Council public hearing held on April 7, 2021, staff introduced this Ordinance for the
first reading. This is the required second reading and adoption. The Ordinance will become
effective thirty (30) days from the date of adoption.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. MSHCP Ordinance
Item Title:10.11
Second Reading and Adoption of an Ordinance Approving the Western Riverside County Multiple Species Habitat
Conservation Plan
Item Page Number:1
Menifee Mayor and City Council April 21,2021
Page 323 of 367
Page 1
4
3
0
8
5
ORDINANCE NO. 2021-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE TO UPDATE THE LOCAL DEVELOPMENT
MITIGATION FEE FOR FUNDING THE PRESERVATION
OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH
THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN AND REPEALING
COUNTY ORDINANCE NO. 810.2 AND REPLACING WITH
MENIFEE MUNICIPAL CODE SECTION 8.27 “MULTIPLE
SPECIES HABITAT CONSERVATION PLAN FEE”
WHEREAS, the City Council of the City of Menifee (“City”) finds that the
ecosystems of the City and western Riverside County, and the vegetation communities
and sensitive species they support, are fragile, irreplaceable resources that are vital to
the general welfare of all residents; and
WHEREAS, these vegetation communities and natural areas contain habitat value
which contributes to the City and the region’s environmental resources; and
WHEREAS, special protections for these vegetation communities and natural
areas are being established to prevent future endangerment of the plant and animal
species that are dependent upon them; and
WHEREAS, adoption and implementation of this Ordinance will help to enable the
City to achieve the conservation goals set forth in the Western Riverside County Multiple
Species Habitat Conservation Plan (“MSHCP”), adopted by the City Council on January
6, 2009, to implement the associated Implementing Agreement executed by the City
Council on January 6, 2009, and to preserve the ability of affected property owners to
make reasonable use of their land consistent with the requirements of the National
Environmental Policy Act (“NEPA”), the California Environmental Quality Act (“CEQA”),
the Federal Endangered Species Act (“FESA”), the California Endangered Species Act
(“CESA”), the California Natural Community Conservation Planning Act (“NCCP Act”),
and other applicable laws; and
WHEREAS, the purpose and intent of this Ordinance is to update its Local
Development Mitigation Fee to assist in the maintenance of biological diversity and the
natural ecosystem processes that support this diversity; the protection of vegetation
communities and natural areas within the City and western Riverside County which are
known to support threatened, endangered, or key sensitive populations of plant and
wildlife species; the maintenance of economic development within the City by providing
a streamlined regulatory process from which development can proceed in an orderly
process; and the protection of the existing character of the City and the region through
the implementation of a system of reserves which will provide for permanent open space,
community edges, and habitat conservation for species covered by the MSHCP; and
Item Title:10.11
Second Reading and Adoption of an Ordinance Approving the Western Riverside County Multiple Species Habitat
Conservation Plan
Item Page Number:2
Menifee Mayor and City Council April 21,2021
Page 324 of 367
Page 2
4
3
0
8
5
WHEREAS, the Western Riverside County Regional Conservation Authority
(“RCA”) has prepared an updated nexus study entitled “WESTERN RIVERSIDE
COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN NEXUS FEE STUDY
UPDATE” (“2020 Nexus Study”) pursuant to California Government code section 66000
et seq. for the purpose of updating the Local Development Mitigation Fee (“LDMF”). On
December 7, 2020, the RCA Board of Directors reviewed the 2020 Nexus Study and
directed RCA Permittees to adopt this updated MSHCP fee ordinance; and
WHEREAS, the findings set forth herein are based on the MSHCP and the 2020
Nexus Study, and the estimated implementation costs of the MSHCP as set forth in the
2020 Nexus Study, a copy of which is on file in the City Clerk’s office; and
WHEREAS, pursuant to Article 11, Section 7 of the California Constitution, the City
is authorized to enact measures that protect the health, safety, and welfare of its citizens;
and
WHEREAS, pursuant to Government Code sections 66000 et seq., the City is
empowered to impose fees and other exactions to provide necessary funding and public
facilities required to mitigate the negative effect of new development projects; and
WHEREAS, on January 6, 2009 the City Council adopted County Ordinance 810.2
regarding the MSHCP and the associated Implementing Agreement and adopted the
original LDMF, and made appropriate findings pursuant to CEQA; and
WHEREAS, on April 7, 2021, the City Council held a duly noticed public hearing
concerning the Ordinance, introduced and conducted a first reading of the Ordinance,
and considered testimony and evidence at the public hearing held with respect thereto;
and
WHEREAS, the levying of LDMF has been reviewed by the City Council and staff
in accordance with the California Environmental Quality Act (“CEQA”) and the State
CEQA Guidelines and it has been determined that the adoption of this ordinance is
exempt from CEQA pursuant to Section 21080(b)(8) of the California Public Resources
Code and Sections 15273 and 15378(b)(4) of the State CEQA Guidelines; and
WHEREAS, pursuant to Government Code sections 66016, 66017, and 66018,
the City has: (a) made available to the public, at least ten (10) days prior to its public
hearing, data indicating the estimated cost required to provide the facilities and
infrastructure for which these development fees are levied and the revenue sources
anticipated to provide those facilities and infrastructure; (b) mailed notice at least fourteen
(14) days prior to this meeting to all interested parties that have requested notice of new
or increased development fees; and (c) held a duly noticed, regularly scheduled public
hearing at which oral and written testimony was received regarding the proposed fees.
Item Title:10.11
Second Reading and Adoption of an Ordinance Approving the Western Riverside County Multiple Species Habitat
Conservation Plan
Item Page Number:3
Menifee Mayor and City Council April 21,2021
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4
3
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5
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES
ORDAIN AS FOLLOWS:
SECTION 1. RECITALS INCORPORTATED. The above recitals are true and correct and
are incorporated herein.
SECTION 2. ADOPTION OF CHAPTER 8.27. Chapter 8.27: Multiple Species Habitat
Conservation Plan Fee is adopted and added to Title 8: Building and Construction, and is
fully detailed in Exhibit A incorporated herein by this reference.
SECTION 3. SEVERABILITY. This Ordinance and the various parts, sections, and
clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph,
section, or clause is adjudged unconstitutional or invalid, the remainder of this Ordinance
shall remain in effect. If any part, sentence, paragraph, section, or clause of this
Ordinance, or its application to any person entity is adjudged unconstitutional or invalid,
such unconstitutionality or invalidity shall affect only such part, sentence, paragraph,
section, or clause of this Ordinance, or person or entity; and shall not affect or impair any
of the remaining provision, parts, sentences, paragraphs, sections, or clauses of this
Ordinance, or its application to other persons or entities. The City Council hereby declares
that this Ordinance would have been adopted had such unconstitutional or invalid part,
sentence, paragraph, section, or clause of this Ordinance not been included herein; or
had such person or entity been expressly exempted from the application of this
Ordinance.
SECTION 4. CEQA FINDINGS. The City Council hereby finds that in accordance with
CEQA and the CEQA Guidelines the adoption of this Ordinance is exempt from CEQA
pursuant to Section 21080(b)(8) of the California Public Resources Code and Sections
15273 and 15378(b)(4) of the State CEQA Guidelines.
SECTION 5. ORDINANCE SUPERSEDED. This Ordinance supersedes the provisions of
Ordinance No. 810.2 provided this Ordinance is not declared invalid or unenforceable by
a court of competent jurisdiction. If, for whatever reason, this Ordinance is declared invalid
or unenforceable by a court of competent jurisdiction, Ordinance No. 810.2 and all other
related ordinances and policies shall remain in full force and effect.
SECTION 6. MUNICIPAL CODE AMENDMENT. This Ordinance is consistent with the
requirements of the City of Menifee Municipal Code regarding the process of amending
the Municipal Code, and shall preserve the health, safety, and general welfare of the
residents and visitors to the City of Menifee. Menifee Municipal Code Chapter 8.27,
Multiple Species Habitat Conservation Plan Fee, is hereby enacted as set forth in full as
Exhibit A hereto.
SECTION 7. EFFECTIVE DATE. The Mayor shall sign this Ordinance and the City Clerk
shall attest thereto and shall within fifteen (15) days of its adoption cause it, or a summary
of it, to be published in the Southern California News Group, a newspaper published and
circulated in the City of Menifee, and thereupon and thereafter this Ordinance shall take
Item Title:10.11
Second Reading and Adoption of an Ordinance Approving the Western Riverside County Multiple Species Habitat
Conservation Plan
Item Page Number:4
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effect and be in force according to law. Pursuant to Section 13.2(A) of the MSHCP
Implementing Agreement, the City Clerk shall send a copy of this Ordinance to RCA within
30 days of the date of adoption.
This Ordinance was introduced and read on the 7th day of April, 2021, and PASSED,
APPROVED, AND ADOPTED, this 21st day of April, 2021.
Bill Zimmerman, Mayor
ATTEST:
Sarah A. Manwaring, City Clerk
Approved as to form:
Jeffrey T. Melching, City Attorney
Item Title:10.11
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EXHIBIT A
Item Title:10.11
Second Reading and Adoption of an Ordinance Approving the Western Riverside County Multiple Species Habitat
Conservation Plan
Item Page Number:6
Menifee Mayor and City Council April 21,2021
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FINAL April 7, 2021 Chapter 8.27: Multiple Species Habitat Conservation Plan Fee
1
City of Menifee Municipal Code
Title 8: Buildings and Construction
Chapter 8.27 MULTIPLE SPECIES HABITAT
CONSERVATION PLAN FEE
SECTIONS
8.27.010 Findings
8.27.020 Administrative Responsibility
8.27.030 Definitions
8.27.040 Local Development Mitigation and Local Infrastructure Fee
8.27.050 Imposition of the Local Development Mitigation Fee
8.27.060 Payment of Local Development Mitigation Fee
8.27.070 Refunds
8.27.080 Accounting and Disbursement of Collected Local Development Mitigation Fees
8.27.090 Exemptions
8.27.100 Fee Credits
8.27.010 Findings
The City Council finds and determines as follows:
A.The preservation of vegetation communities and natural areas within the City and
western Riverside County which support species covered by the MSHCP is necessary to protect
and promote the health, safety, and welfare of all the citizens of the City by reducing the adverse
direct, indirect, and cumulative effects of urbanization and development and providing for
permanent conservation of habitat for species covered by the MSHCP.
B.It is necessary to update certain development impact fees to ensure that all new
developments within the City pay their fair share of the costs of acquiring and preserving
vegetation communities and natural areas within the City and the region known to support plant
and wildlife species covered by the MSHCP.
C.A proper funding source to pay the costs associated with mitigating the direct, indirect,
and cumulative impacts of development to the natural ecosystems within the City and the region,
as identified in the MSHCP, is a development impact fee for residential, commercial, and
industrial development. The amount of the fee is determined by the nature and extent of the
impacts from the development to the identified natural ecosystems and or the relative cost of
mitigating such impacts.
D.The MSHCP and the 2020 Nexus Study, a copy of which is on file in the City Clerk’s office,
provides a basis for the imposition of development impact fees on new construction.
Item Title:10.11
Second Reading and Adoption of an Ordinance Approving the Western Riverside County Multiple Species Habitat
Conservation Plan
Item Page Number:7
Menifee Mayor and City Council April 21,2021
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City of Menifee Municipal Code
Title 8: Buildings and Construction
E.The use of the development impact fees to mitigate the impacts to the City’s and the
region’s natural ecosystems is reasonably related to the type and extent of impacts caused by
development within the City.
F.The costs of funding the proper mitigation of natural ecosystems and biological resources
impacted by development within the City and the region are apportioned relative to the type and
extent of impacts caused by the development.
G.The facts and evidence provided to the City establish that there is a reasonable
relationship between the need for preserving the natural ecosystems in the City and the region,
as defined in the MSHCP, and the direct, indirect, and cumulative impacts to such natural
ecosystems and biological resources created by the types of development on which the fee will
be imposed, and that there is a reasonable relationship between the fee’s use and the types of
development for which the fee is charged. This reasonable relationship is described in more detail
in the MSHCP and the 2020 Nexus Study.
H.The cost estimates for mitigating the impact of development on the City’s and the region’s
natural ecosystem and biological resources, as set forth in the MSHCP, are reasonable and will
not exceed the reasonably estimated total of these costs.
I.The fee set forth herein does not reflect the entire cost of the lands which need to be
acquired in order to implement the MSHCP and mitigate the impact caused by new development.
Additional revenues will be required from other sources. The City Council finds that the benefit
to each development project is greater than the amount of the fee to be paid by the project.
J.The fees collected pursuant to this Ordinance shall be used to finance the acquisition and
perpetual conservation of the natural ecosystems and certain improvements necessary to
implement the goals and objectives of the MSHCP.
8.27.020 Administrative Responsibility
The RCA is hereby reaffirmed as the Administrator of this Ordinance. The RCA is hereby
authorized to receive all fees generated from the Local Development Mitigation Fee within the
City and to invest, account for, and expend such fees in accordance with the provisions of the
MSHCP, MSHCP Implementing Ordinance, this Ordinance, and the MSHCP Mitigation Fee
Implementation Manual. The detailed administrative procedures concerning the
implementation of this Ordinance shall be contained in the MSHCP Mitigation Fee
Implementation Manual adopted December 7, 2020 and as may be amended from time to
time. The RCA Board of Directors may adopt a policy that will allow the City to authorize the
RCA to calculate the fees due and collect those amounts directly from property owners. If such
a policy is adopted, it will be included in the MSHCP Mitigation Fee Implementation Manual.
8.27.030 Definitions
Item Title:10.11
Second Reading and Adoption of an Ordinance Approving the Western Riverside County Multiple Species Habitat
Conservation Plan
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Menifee Mayor and City Council April 21,2021
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FINAL April 7, 2021 Chapter 8.27: Multiple Species Habitat Conservation Plan Fee
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City of Menifee Municipal Code
Title 8: Buildings and Construction
As used in this Ordinance, the following terms shall have the following meanings:
Accessory Dwelling Unit. An accessory dwelling unit as defined by California Government Code
section 65852.2(j)(1), or as defined in any successor statute.
Board of Supervisors. The Board of Supervisors of the County of Riverside, California.
City. The City of Menifee, County of Riverside, California.
City Council. The City Council of the City of Menifee, California.
Credit. A credit allowed pursuant to Section 10 of this Ordinance, which may be applied against
the development impact fee paid.
Development. A human-created change to improved or unimproved real estate, including
buildings or other structures, mining, dredging, filing, grading, paving, excavating, and drilling.
Development Project or Project. Any project undertaken for the purpose of development
pursuant to the issuance of a building permit by the City pursuant to all applicable ordinances,
regulations, and rules of the City and state law.
Junior Accessory Dwelling Unit. A junior accessory dwelling unit as defined by California
Government Code section 65852.22(h)(1), or as defined in any successor statute.
Local Development Mitigation Fee or Fee. The development impact fee imposed pursuant to the
provisions of this Ordinance.
Multiple Species Habitat Conservation Plan or MSHCP. The Western Riverside County Multiple
Species Habitat Conservation Plan, adopted by the City Council on January 6, 2009.
MSHCP Conservation Area. This term has the same meaning and intent as such term is defined
and utilized in the MSHCP.
Ordinance. This Ordinance No. 2021- of the City of Menifee, California.
Project Area. The area, measured in acres, within the Development Project including, without
limitation, any areas to be developed as a condition of the Development Project. Except as
otherwise provided herein, the Project Area is the area upon which the project will be assessed
the Local Development Mitigation Fee. See the MSHCP Mitigation Fee Implementation Manual
for additional guidance for calculating the Project Area.
Revenue or Revenues. Any funds received by the City pursuant to the provisions of this
Ordinance for the purpose of defraying all or a portion of the cost of acquiring and preserving
vegetation communities and natural areas within the City and the region which are known to
support threatened, endangered, or key sensitive populations of plant and wildlife species.
Item Title:10.11
Second Reading and Adoption of an Ordinance Approving the Western Riverside County Multiple Species Habitat
Conservation Plan
Item Page Number:9
Menifee Mayor and City Council April 21,2021
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FINAL April 7, 2021 Chapter 8.27: Multiple Species Habitat Conservation Plan Fee
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City of Menifee Municipal Code
Title 8: Buildings and Construction
Western Riverside County Regional Conservation Authority or RCA. The governing body
established pursuant to the MSHCP that is delegated the authority to oversee and implement the
provisions of the MSHCP.
Any capitalized term not otherwise defined herein shall carry the same meaning and definition
as that term is used and defined in the MSHCP.
8.27.040 Local Development Mitigation and Local
Infrastructure Fee
A. Adoption of Local Development Mitigation Fee Schedule. The City Council shall adopt an
applicable Local Development Mitigation Fee schedule provided by the RCA through a separate
resolution, which may be amended from time to time.
B. Public Projects. The City is required to mitigate the impacts of Public Projects pursuant to
the MSHCP and the MSHCP Implementing Agreement. The definition of Public Project and the
method for mitigating Public Projects will be set forth in the MSHCP Mitigation Fee
Implementation Manual.
C. Periodic Fee Adjustment. The Local Development Mitigation Fee schedule set forth in the
fee resolution referenced above may be periodically reviewed and the amounts adjusted as set
forth in the MSHCP Mitigation Fee Implementation Manual.
D. Automatic Annual Fee Adjustment. In addition to the Periodic Fee Adjustment
mentioned above, the RCA shall provide the City with an automatic annual fee adjustment for
the Local Development Mitigation Fee established by this Ordinance as set forth in the MSHCP
Mitigation Fee Implementation Manual.
8.27.050 Imposition of the Local Development
Mitigation Fee
A.The Local Development Mitigation Fee will be paid no later than at the issuance of a
building permit. Notwithstanding any other provision of the City’s Municipal Code, no building
permit shall be issued for any Development Project unless the Local Development Mitigation Fee
applicable to such Development Project has been paid. The amount of the Fee shall be calculated
in accordance with the MSHCP Mitigation Fee Implementation Manual.
B.In lieu of the payment of the Local Development Mitigation Fee as provided above, the
Fee for a Development may be paid through a Community Facilities District, provided that such
arrangement is approved by the RCA in writing.
Item Title:10.11
Second Reading and Adoption of an Ordinance Approving the Western Riverside County Multiple Species Habitat
Conservation Plan
Item Page Number:10
Menifee Mayor and City Council April 21,2021
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FINAL April 7, 2021 Chapter 8.27: Multiple Species Habitat Conservation Plan Fee
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City of Menifee Municipal Code
Title 8: Buildings and Construction
8.27.060 Payment of the Local Development Mitigation
Fee
A.The Local Development Mitigation Fee shall be paid in full in accordance with applicable
law.
B.The Local Development Mitigation Fee required to be paid under this Ordinance shall be
the fee in effect at the time the permit is issued for which the Local Development Mitigation Fee
is assessed; provided, however, that Housing Development Projects as defined by California
Government Code section 65589.5(h)(2) may be entitled to pay the fee in effect at the time of
the preliminary application was submitted.
C.Notwithstanding anything in the City’s Municipal Code or any other written
documentation to the contrary, the Local Development Mitigation Fee shall be paid whether or
not the Development Project is subject to conditions of approval by the City imposing the
requirement to pay the fee.
D.If all or part of the Development Project is sold prior to payment of the Local Development
Mitigation Fee, the Project shall continue to be subject to the requirement to pay the fee as
provided herein.
E.The fee title owner(s) of the Property is responsible for the payment of the Local
Development Mitigation Fee.
8.27.070 Refunds
Under certain circumstances, such as double payment, expiration of a building permit, or fee
miscalculation due to clerical error, an applicant may be entitled to a refund. Refunds will be
reimbursed by the end of the fiscal year on a first come, first served basis, depending upon the
net revenue stream. Refunds will only be considered reimbursable if requested within 3 years of
the original LDMF payment. In all cases, the applicant must promptly submit a refund request
with proof of LDMF payment to the RCA if RCA collected the LDMF, or if collected by a local
jurisdiction, the refund request shall be submitted to that local jurisdiction, which will
subsequently forward the request to RCA for verification, review, and possible action.
1. Expiration of Building Permits - If a building permit should expire, is revoked, or is
voluntarily surrendered and is, therefore voided and no construction or improvement of land has
commenced, then the applicant may be entitled to a refund of the LDMF collected which was
paid as a condition of approval, less administrative costs. Any refund must be requested within
three (3) years of the original payment. The applicant shall pay the current LDMF in effect at the
time in full if they reapply for the permit.
Item Title:10.11
Second Reading and Adoption of an Ordinance Approving the Western Riverside County Multiple Species Habitat
Conservation Plan
Item Page Number:11
Menifee Mayor and City Council April 21,2021
Page 333 of 367
FINAL April 7, 2021 Chapter 8.27: Multiple Species Habitat Conservation Plan Fee
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City of Menifee Municipal Code
Title 8: Buildings and Construction
2. Double Payments – on occasion due to a clerical error, a developer has paid all or a
portion of the required LDMF for project twice. In such cases, a refund of the double payment
may be required.
3. Balance Due – when LDMF is incorrectly calculated due to City clerical error, it is the City’s
responsibility to remit the balance due to RCA. The error must be discovered within three (3)
years of the original payment for the City to be held accountable. The amount due can be
remitted through alternate methods agreed to by the RCA Executive Committee. If first approved
through RCA staff in writing, the calculation is not subject to additional review.
8.27.080 Accounting and Disbursement of Collected
Local Development Mitigation Fees
A.All fees paid pursuant to this Ordinance shall be deposited, invested, accounted for, and
expended in accordance with Section 66006 of the Government Code and all other applicable
provisions of law.
B.Subject to the provisions of this section, all fees collected pursuant to this Ordinance shall
be remitted to the Western Riverside County Regional Conservation Authority at least quarterly.
C.In the resolution mentioned in Section 4.A, the City may also add an additional cost to the
Local Development Mitigation Fee schedule to cover the costs of collecting the fees from project
proponents. Any amounts collected by the City shall not reduce the amount collected and
remitted to the RCA under this Ordinance.
8.27.090 Exemptions
The following types of construction shall be exempt from the provisions of this Ordinance:
A.Reconstruction or improvements that were damaged or destroyed by fire or other natural
causes, provided that the reconstruction or improvements do not result in additional usable
square footage.
B.Rehabilitation or remodeling to an existing Development Project, provided that the
rehabilitation or remodeling does not result in additional usable square footage.
C.Accessory Dwelling Units, but only to the extent such fee is exempted under state law.
D.Junior Accessory Dwelling Units, but only to the extent such fee is exempted under state
law.
E.Existing structures where the use is changed from an existing permitted use to a different
permitted use, provided that no additional improvements are constructed and does not result in
additional usable square footage.
Item Title:10.11
Second Reading and Adoption of an Ordinance Approving the Western Riverside County Multiple Species Habitat
Conservation Plan
Item Page Number:12
Menifee Mayor and City Council April 21,2021
Page 334 of 367
FINAL April 7, 2021 Chapter 8.27: Multiple Species Habitat Conservation Plan Fee
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City of Menifee Municipal Code
Title 8: Buildings and Construction
F.Certain Agricultural Operations as allowed by the MSHCP, as amended.
G.Vesting Tentative Tract Maps entered into pursuant to Government Code section 66452
et seq. (also, Government Code section 66498.1 et seq.) and Development Projects which are the
subject of a development agreement entered into pursuant to Government Code section 65864
et seq., prior to the effective date of Ordinance No. 810.2, wherein the imposition of new fees
are expressly prohibited, provided that if the term of such a vesting map or development
agreement is extended by amendment or by any other manner after the effective date of
Ordinance No. 810.2, the MSHCP Fee shall be imposed.
Except as exempted above, all projects are required to make a mitigation payment/ contribution
and where no mitigation payment process is specified, the project will pay the updated per acre
mitigation fee.
8.27.100 Fee Credits
Any Local Development Mitigation Fee credit that may be applicable to a Development Project
shall be determined by the City and approved by the RCA. All Fee Credits shall comply with the
resolutions, ordinances, Implementing Agreement, and policies of the Western Riverside
County Regional Conservation Authority including, without limitation, the MSHCP Mitigation
Fee Implementation Manual.
Item Title:10.11
Second Reading and Adoption of an Ordinance Approving the Western Riverside County Multiple Species Habitat
Conservation Plan
Item Page Number:13
Menifee Mayor and City Council April 21,2021
Page 335 of 367
CITY OF MENIFEE
SUBJECT: Senate Bill 314 (Senator Weiner) Support Letter
MEETING DATE: April 21, 2021
TO: Mayor and City Council
PREPARED BY: Sarah A. Manwaring, City Clerk
REVIEWED BY: Sarah A. Manwaring, City Clerk
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve the support letter for Senate Bill 314 (Senator Wiener), also known as the Bar and
Restaurant Recovery Act.
DISCUSSION
Senate Bill (SB) 314 was introduced to help the restaurant industry recover from the COVID-19
pandemic by making permanent, some of the current temporary regulations. Highlights of the bill
include:
Allowing significantly expanded outdoor restaurant/bar seating with alcohol service (on
streets, parking lots, alleys, or sidewalks)
Streamline California’s alcohol license process by expediting issuance of alcohol licenses
to no longer than six months.
Create a new entertainment venue liquor license separate from a regular restaurant
license.
Authorize cities and counties to create an open container entertainment zone for outdoor
festivals, street fairs, and concerts where alcohol is purchased and consumed.
COVID-19 has devastated small businesses. Bars and restaurants have either been closed or
operating at reduced capacity. The expanded outdoor seating and service area has helped local
restaurants to stay in business. The text of the Senate Bill is attached for reference.
STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community
Item Title:10.12
Senate Bill 314 (Senator Weiner)Support Letter
Item Page Number:1
Menifee Mayor and City Council April 21,2021
Page 336 of 367
City of Menifee Staff Report
SB 314 Support
April 21, 2021
Page 2 of 2
4
3
3
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Support Letter for Senate Bill 314
2. Senate Bill 314 text
Item Title:10.12
Senate Bill 314 (Senator Weiner)Support Letter
Item Page Number:2
Menifee Mayor and City Council April 21,2021
Page 337 of 367
April 21, 2021
The Honorable Scott Weiner
State Senator, 11th District
State Capitol, Room 5100
Sacramento, CA 95814
RE: SB 314 (Weiner) Alcoholic
Beverages Notice of Support
Dear Senator Weiner:
On behalf of the City of Menifee, we are writing to express our support for SB 314, your measure
that would help local restaurants, bars, and music venues manage the impacts of the COVID-19
pandemic.
The COVID-19 pandemic has severely affected the entertainment and food industry and its ability to
provide services to residents. To keep afloat, small businesses had to adapt to the new environment
in order to create an experience that is safe for their customers and employees. Your bill would
make permanent some of the temporary pandemic regulations allowing significantly expended
outdoor restaurant seating and continuation of outdoor alcohol service, which would enable our
small business owners to successfully keep their businesses open safely and timely, as these efforts
have proven to be successful during the pandemic.
These small businesses form the backbone of our economy, and it is critical that we help to
alleviate the impacts on them during this unprecedented pandemic.
For these reasons, the City of Menifee supports SB 314. If you have any questions, or need more
information about the City’s position, please contact Imelda Huerta, Senior Management Analyst,
with the Office of the City Manager at (951) 723-3774 or ihuerta@cityofmenifee.us.
We appreciate your time and consideration.
Sincerely,
Bill Zimmerman
Mayor
Cc: Senator Melissa Melendez
Assembly Member Kelly Seyarto
Menifee City Council
Erin Sasse, League of California Cities Public Affairs Manager, Riverside County
League of California Cities (via e-mail: cityletters@cacities.org)
Item Title:10.12
Senate Bill 314 (Senator Weiner)Support Letter
Item Page Number:3
Menifee Mayor and City Council April 21,2021
Page 338 of 367
4/5/2021 Bill Text - SB-314 Alcoholic beverages.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB314 1/23
SENATE BILL NO. 314
SHARE THIS:Date Published: 02/04/2021 09:00 PM
SB-314 Alcoholic beverages.(2021-2022)
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION
Introduced by Senator Wiener
(Principal coauthors: Assembly Members Quirk and Villapudua)
(Coauthor: Senator Borgeas)
(Coauthors: Assembly Members Carrillo, Chiu, Eduardo Garcia, Gray, and Ting)
February 04, 2021
An act to amend Sections 23320, 23399, 24300, 25600.5, 25607, and 25665 of, to add Sections
23398.9, 23406, and 23407 to, and to add Article 7 (commencing with Section 23550) to Chapter 3 of
Division 9 of, the Business and Professions Code, and to add Section 65863.15 to the Government Code,
relating to alcoholic beverages, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 314, as introduced, Wiener. Alcoholic beverages.
(1) The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of,
the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic
Beverage Control. Existing law generally provides that a violation of the Alcoholic Beverage Control Act is a
misdemeanor.
Existing law authorizes the issuance of a caterer’s permit, upon application to the department, to a licensee
under an on-sale general license, an on-sale beer and wine license, a club license, or a veterans’ club license,
that authorizes the holder of the permit to sell alcoholic beverages at specified locations and events, including,
among others, conventions, sporting events, and trade exhibits.
This bill would require the department to expedite the review of an application for a caterer’s permit.
This bill would authorize the department to issue a COVID-19 permanent caterer’s authorization to a licensee
under an on-sale general license. The authorization would authorize the on-site consumption of the alcoholic
beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, as
specified. The bill would require the department to expedite the review of an application for an authorization, as
specified. By broadening the definition of a crime, this bill would impose a state-mandated local program.
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
Item Title:10.12
Senate Bill 314 (Senator Weiner)Support Letter
Item Page Number:4
Menifee Mayor and City Council April 21,2021
Page 339 of 367
4/5/2021 Bill Text - SB-314 Alcoholic beverages.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB314 2/23
(2) Existing law makes it a misdemeanor for a licensee under an on-sale license issued for public premises, as
defined, to permit a person under the age of 21 years to enter and remain in the licensed premises without
lawful business therein.
This bill would permit a licensee under an on-sale license issued for public premises to permit a person under the
age of 21 years to enter and remain in the licensed premises provided that alcoholic beverages are not sold,
served, or consumed on the premises during the time that a person under the age of 21 years is present.
(3) Existing law provides for various annual fees for the issuance of alcoholic beverage licenses, depending upon
the type of license issued. Existing law additionally authorizes specified alcoholic beverage licensees to purchase
advertising space and time from, or on behalf of, an on-sale retail licensee, under certain conditions, if the on-
sale retail licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or
major tenant of specified facilities.
This bill would authorize the department to issue a music venue license that would allow the licensee to sell beer,
wine, and distilled spirits at retail for consumption on the premises in a music entertainment facility, as defined.
The bill would impose an original fee and an annual renewal fee for the license, which would be deposited in the
Alcohol Beverage Control Fund. The bill would provide for the purchases of advertising time and space with
revised parameters, including that the parties submit a declaration to the department relating to the agreement
to purchase advertising time and space.
(4) Existing law requires the department to hold a hearing on a protest, accusation, or petition for a license in
the county in which the premises or license is located, except as provided, and to be conducted in accordance
with specified administrative procedures.
This bill would require the department to a hearing described above within 6 months after the filing of a protest,
accusation, or petition for a license.
(5) Existing law permits specified licensees, or their authorized agents, to provide, free of charge, entertainment,
food, and distilled spirits, wine, or nonalcoholic beverages to consumers at an invitation-only event, subject to
various conditions, including a limitation on the number of events the authorized person may conduct in a year,
as provided.
This bill would delete the above-described condition.
(6) Existing law, with exceptions, prohibits a licensee from having upon the licensed premises any alcoholic
beverages other than the alcoholic beverage that the licensee is authorized to sell at the premises under their
license, and makes a violation of this prohibition punishable as a misdemeanor.
This bill would, as an exception to that prohibition, authorize 2 or more on-sale general licensees whose licensed
premises are immediately adjacent to each other, as specified, to share a common licensed area in which
consumption of alcoholic beverages is permitted under various circumstances
This bill would provide that a licensee that shares a licensed premises with another licensee but does not operate
at the same time as the other licensee is responsible for compliance with the act and for any violation that occurs
on the premises only during the time when that licensee operates under its license.
(7) Under existing law, any person possessing an open container of an alcoholic beverage in any city, county, or
city and county-owned public place, as specified, or any regional park or recreation and park district, is guilty of
an infraction if the city or county has enacted an ordinance that prohibits the possession of those containers or
the consumption of alcoholic beverages in those areas, except as specified.
The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances regulating
zoning within its jurisdiction, as specified.
This bill would authorize a city, including a charter city, county, or city and county, to allow in commercial zones
the consumption of alcoholic beverages, including the possession of an open container of an alcoholic beverage.
(8) This bill would make various conforming changes.
(9) The California Constitution requires the state to reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Item Title:10.12
Senate Bill 314 (Senator Weiner)Support Letter
Item Page Number:5
Menifee Mayor and City Council April 21,2021
Page 340 of 367
4/5/2021 Bill Text - SB-314 Alcoholic beverages.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB314 3/23
(10) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23320 of the Business and Professions Code is amended to read:
23320. (a) An applicant for a new permanent license, which shall not include duplicate licenses, shall accompany
the application with the application fee as specified in this division:
(1) The license application fee for a new permanent license shall be nine hundred five dollars ($905), except as
otherwise specified.
(2) Applicants for a new permanent license of the following types shall accompany the application with a fee of
fifteen thousand eight hundred thirty-five dollars ($15,835):
(A) Off-sale general (Type 21).
(B) On-sale general - eating place (Type 47), on-sale general public premises (Type 48), special on-sale general
(Type 57), special on-sale general for-profit theater (Type 71 and Type 72), brewpub-restaurant (Type 75),
caterer’s (Type 83), neighborhood restricted special on-sale (Type 87), and special on-sale general license for
historic cemetery (Type 88). (Type 88), and music venue license (Type 90).
(3) Applicants for a new permanent license of the following types shall accompany the application with a fee as
indicated:
(A) Twelve thousand dollars ($12,000) for a wine, food and art cultural museum (Type 78).
(B) Six thousand dollars ($6,000) for an on-sale general - eating place on public property (Type 47) and (Type
47), for an on-sale general restrictive service (Type 70). (Type 70), and for a music venue on public property
(Type 90).
(C) Two thousand dollars ($2,000) for an on-sale general dockside (Type 62).
(D) One thousand dollars ($1,000) for a special on-sale general theater (Type 64).
(E) One hundred dollars ($100) for an out-of-state beer manufacturer certificate (Type 26), for a distilled spirits
shipper certificate (Type 28), and for a direct shipper permit (Type 82).
(F) One hundred dollars ($100) for a still (Type 6).
(b) The following are the types of licenses and the annual fees to be charged therefor:
(1) (A) For a Type 01 - Beer manufacturer that produces more than 60,000 barrels per year: the fee through
September 30, 2019, is one thousand five hundred thirty-one dollars ($1,531) and the fee on and after October
1, 2019, is one thousand eight hundred ninety dollars ($1,890).
(B) For a Duplicate Type 01: the fee through September 30, 2019, is ninety-eight dollars ($98) and the fee on
and after October 1, 2019, is four hundred thirty dollars ($430).
(2) (A) For a Type 02 - Winegrower (to be computed only on the gallons produced); 5,000 gallons or less: the
fee through September 30, 2019, is seventy-one dollars ($71) and the fee on and after October 1, 2019, is one
hundred ten dollars ($110).
(B) For a Type 02 - Winegrower (to be computed only on the gallons produced); 5,000 - 20,000 gallons: the fee
through September 30, 2019, is one hundred thirty-two dollars ($132) and the fee on and after October 1, 2019,
is one hundred sixty dollars ($160).
(C) For a Type 02 - Winegrower (to be computed only on the gallons produced); 20,000 - 100,000 gallons: the
fee through September 30, 2019, is two hundred thirty-nine dollars ($239) and the fee on and after October 1,
2019, is three hundred twenty-five dollars ($325).
(D) For a Type 02 - Winegrower (to be computed only on the gallons produced); 100,000 - 200,000 gallons: the
fee through September 30, 2019, is three hundred fourteen dollars ($314) and the fee on and after October 1,
Item Title:10.12
Senate Bill 314 (Senator Weiner)Support Letter
Item Page Number:6
Menifee Mayor and City Council April 21,2021
Page 341 of 367
4/5/2021 Bill Text - SB-314 Alcoholic beverages.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB314 4/23
2019, is three hundred eighty dollars ($380).
(E) For a Type 02 - Winegrower (to be computed only on the gallons produced); 200,000 - 1,000,000 gallons:
the fee through September 30, 2019, is four hundred sixty-six dollars ($466) and the fee on and after October 1,
2019, is five hundred forty dollars ($540).
(F) For a Type 02 - Winegrower (to be computed only on the gallons produced); for each additional 1,000,000
gallons over 1,000,000 gallons: the fee through September 30, 2019, is three hundred thirteen dollars ($313)
and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(G) For a Duplicate Type 02: the fee through September 30, 2019, is ninety-eight dollars ($98) and the fee on
and after October 1, 2019, is one hundred sixty dollars ($160).
(3) (A) For a Type 03 - Brandy manufacturer: the fee through September 30, 2019, is three hundred eleven
dollars ($311) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(B) For a Duplicate Type 03: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and
the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(4) For a Type 04 - Distilled spirits manufacturer: the fee through September 30, 2019, is five hundred ten
dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
(5) For a Type 05 - Distilled spirits manufacturer’s agent: the fee through September 30, 2019, is five hundred
ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
(6) For a Type 06 - Still: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and
after October 1, 2019, is one hundred ten dollars ($110).
(7) For a Type 07 - Rectifier: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee
on and after October 1, 2019, is five hundred ninety-five dollars ($595).
(8) For a Type 08 - Wine rectifier: the fee through September 30, 2019, is five hundred ten dollars ($510) and
the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
(9) For a Type 09 - Beer and wine importer: the fee through September 30, 2019, is seventy-seven dollars ($77)
and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(10) For a Type 10 - Beer and wine importer’s general license: the fee through September 30, 2019, is three
hundred forty dollars ($340) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(11) For a Type 11 - Brandy importer: the fee through September 30, 2019, is seventy-seven dollars ($77) and
the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(12) For a Type 12 - Distilled spirits importer: the fee through September 30, 2019, is seventy-seven dollars
($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(13) For a Type 13 - Distilled spirits importer’s general license: the fee through September 30, 2019, is five
hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
(14) (A) For a Type 14 - Public warehouse: the fee through September 30, 2019, is seventy-seven dollars ($77)
and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(B) For a Duplicate Type 14: the fee through September 30, 2019, is one dollar ($1) and the fee on and after
October 1, 2019, is twenty-five dollars ($25).
(15) For a Type 15 - Customs broker: the fee through September 30, 2019, is seventy-seven dollars ($77) and
the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(16) For a Type 16 - Wine broker: the fee through September 30, 2019, is one hundred three dollars ($103) and
the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(17) For a Type 17 - Beer and wine wholesaler: the fee through September 30, 2019, is three hundred forty
dollars ($340) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(18) For a Type 18 - Distilled spirits wholesaler: the fee through September 30, 2019, is five hundred ten dollars
($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
Item Title:10.12
Senate Bill 314 (Senator Weiner)Support Letter
Item Page Number:7
Menifee Mayor and City Council April 21,2021
Page 342 of 367
4/5/2021 Bill Text - SB-314 Alcoholic beverages.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB314 5/23
(19) For a Type 19 - Industrial alcohol dealer: the fee through September 30, 2019, is one hundred three dollars
($103) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(20) For a Type 20 - Off-sale beer and wine: the fee through September 30, 2019, is two hundred seventy-eight
dollars ($278) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(21) For a Type 21 - Off-sale general: the fee through September 30, 2019, is six hundred seventeen dollars
($617) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(22) (A) For a Type 22 - Wine blender (to be computed only on the gallons produced); 5,000 gallons or less: the
fee through September 30, 2019, is seventy-one dollars ($71) and the fee on and after October 1, 2019, is one
hundred ten dollars ($110).
(B) For a Type 22 - Wine blender (to be computed only on the gallons produced); 5,000 - 20,000 gallons: the fee
through September 30, 2019, is one hundred thirty-two dollars ($132) and the fee on and after October 1, 2019,
is one hundred sixty dollars ($160).
(C) For a Type 22 - Wine blender (to be computed only on the gallons produced); 20,000 gallons - 100,000
gallons: the fee through September 30, 2019, is two hundred thirty-nine dollars ($239) and the fee on and after
October 1, 2019, is three hundred twenty-five dollars ($325).
(D) For a Type 22 - Wine blender (to be computed only on the gallons produced); 100,000 - 200,000 gallons:
the fee through September 30, 2019, is three hundred fourteen dollars ($314) and the fee on and after October
1, 2019, is three hundred eighty dollars ($380).
(E) For a Type 22 - Wine blender (to be computed only on the gallons produced); 200,000 - 1,000,000 gallons:
the fee through September 30, 2019, is four hundred sixty-six dollars ($466) and the fee on and after October 1,
2019, is five hundred forty dollars ($540).
(F) For a Type 22 - Wine blender (to be computed only on the gallons produced); for each additional 1,000,000
gallons over 1,000,000 gallons: the fee through September 30, 2019, is three hundred thirteen dollars ($313)
and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(23) (A) For a Type 23 - Small beer manufacturer that produces 60,000 barrels or less a year: the fee through
September 30, 2019, is one hundred eighty-four dollars ($184) and the fee on and after October 1, 2019, is
three hundred eighty dollars ($380).
(B) For a Duplicate Type 23: the fee through September 30, 2019, is ninety-eight dollars ($98) and the fee on
and after October 1, 2019, is two hundred fifteen dollars ($215).
(24) For a Type 24 - Distilled spirits rectifier’s general license: the fee through September 30, 2019, is five
hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
(25) For a Type 25 - California brandy wholesaler: the fee through September 30, 2019, is five hundred ten
dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
(26) For a Type 26 - Out-of-state beer manufacturer certificate: the fee through September 30, 2019, is seventy-
nine dollars ($79) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(27) For a Type 27 - California winegrower’s agent: the fee through September 30, 2019, is five hundred ten
dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
(28) For a Type 28 - Out-of-state distilled spirits shipper certificate: the fee through September 30, 2019, is
seventy-nine dollars ($79) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(29) For a Type 29 - Winegrape grower storage: the fee through September 30, 2019, is ninety dollars ($90) and
the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(30) For a Type 40 - On-sale beer: the fee through September 30, 2019, is two hundred eighty-four dollars
($284) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(31) For a Type 41 - On-sale beer and wine eating place: the fee through September 30, 2019, is three hundred
eighty-four dollars ($384) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(32) For a Type 42 - On-sale beer and wine pub premises: the fee through September 30, 2019, is two hundred
eighty-four dollars ($284) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
Item Title:10.12
Senate Bill 314 (Senator Weiner)Support Letter
Item Page Number:8
Menifee Mayor and City Council April 21,2021
Page 343 of 367
4/5/2021 Bill Text - SB-314 Alcoholic beverages.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB314 6/23
(33) For a Type 43 - On-sale beer and wine train: the fee through September 30, 2019, is one hundred fourteen
dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
(34) For a Type 44 - On-sale beer and wine fishing party boat: the fee through September 30, 2019, is one
hundred fourteen dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
(35) For a Type 45 - On-sale beer and wine boat: the fee through September 30, 2019, is one hundred fourteen
dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
(36) For a Type 46 - On-sale beer and wine airplane: the fee through September 30, 2019, is one hundred
fourteen dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
(37) (A) For a Type 47 - On-sale general eating place in cities of 40,000 population or over: the fee through
September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is
one thousand one hundred ninety dollars ($1,190).
(B) For a Type 47 - On-sale general eating place in cities of less than 40,000, but more than 20,000 population:
the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1,
2019, is nine hundred seventy dollars ($970).
(C) For a Type 47 - On-sale general eating place in all other localities: the fee through September 30, 2019, is
six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five
dollars ($755).
(D) For a Duplicate Type 47 in cities of 40,000 population or over: the fee through September 30, 2019, is six
hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars
($755).
(E) For a Duplicate Type 47 in cities of less than 40,000, but more than 20,000 population: the fee through
September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five
hundred forty dollars ($540).
(F) For a Duplicate Type 47 in all other localities: the fee through September 30, 2019, is three hundred twenty-
six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(38) (A) For a Type 48 - On-sale general public premises in cities of 40,000 population or over: the fee through
September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is
one thousand one hundred ninety dollars ($1,190).
(B) For a Type 48 - On-sale general public premises in cities of less than 40,000, but more than 20,000
population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and
after October 1, 2019, is nine hundred seventy dollars ($970).
(C) For a Type 48 - On-sale general public premises in all other localities: the fee through September 30, 2019,
is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five
dollars ($755).
(D) For a Duplicate Type 48 in cities of 40,000 population or over: the fee through September 30, 2019, is six
hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars
($755).
(E) For a Duplicate Type 48 in cities of less than 40,000, but more than 20,000 population: the fee through
September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five
hundred forty dollars ($540).
(F) For a Duplicate Type 48 in all other localities: the fee through September 30, 2019, is three hundred twenty-
six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(39) (A) For a Type 49 - On-sale general - seasonal business in cities of 40,000 population or over per 3 months:
the fee through September 30, 2019, is two hundred forty-seven dollars ($247) and the fee on and after October
1, 2019, is three hundred twenty-five dollars ($325).
(B) For a Type 49 - On-sale general - seasonal business in cities of 40,000 population or over per 6 months: the
fee through September 30, 2019, is four hundred ninety-four dollars ($494) and the fee on and after October 1,
2019, is six hundred fifty dollars ($650).
Item Title:10.12
Senate Bill 314 (Senator Weiner)Support Letter
Item Page Number:9
Menifee Mayor and City Council April 21,2021
Page 344 of 367
4/5/2021 Bill Text - SB-314 Alcoholic beverages.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB314 7/23
(C) For a Type 49 - On-sale general - seasonal business in cities of 40,000 population or over per 9 months: the
fee through September 30, 2019, is seven hundred forty-one dollars ($741) and the fee on and after October 1,
2019, is nine hundred seventy dollars ($970).
(D) For a Type 49 - On-sale general - seasonal business in cities of less than 40,000, but more than 20,000
population per 3 months: the fee through September 30, 2019, is one hundred seventy-six dollars ($176) and
the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).
(E) For a Type 49 - On-sale general - seasonal business in cities of less than 40,000, but more than 20,000
population per 6 months: the fee through September 30, 2019, is three hundred fifty dollars ($350) and the fee
on and after October 1, 2019, is four hundred thirty dollars ($430).
(F) For a Type 49 - On-sale general - seasonal business in cities of less than 40,000, but more than 20,000
population per 9 months: the fee through September 30, 2019, is five hundred twenty-six dollars ($526) and the
fee on and after October 1, 2019, is six hundred fifty dollars ($650).
(G) For a Type 49 - On-sale general - seasonal business in all other localities per 3 months: the fee through
September 30, 2019, is one hundred fifty-three dollars ($153) and the fee on and after October 1, 2019, is one
hundred sixty dollars ($160).
(H) For a Type 49 - On-sale general - seasonal business in all other localities per 6 months: the fee through
September 30, 2019, is three hundred six dollars ($306) and the fee on and after October 1, 2019, is three
hundred eighty dollars ($380).
(I) For a Type 49 - On-sale general - seasonal business in all other localities per 9 months: the fee through
September 30, 2019, is four hundred fifty-eight dollars ($458) and the fee on and after October 1, 2019, is five
hundred forty dollars ($540).
(J) For a Duplicate Type 49 in cities of 40,000 population or over per 3 months: the fee through September 30,
2019, is one hundred seventy-six dollars ($176) and the fee on and after October 1, 2019, is two hundred fifteen
dollars ($215).
(K) For a Duplicate Type 49 in cities of 40,000 population or over per 6 months: the fee through September 30,
2019, is three hundred fifty dollars ($350) and the fee on and after October 1, 2019, is four hundred thirty
dollars ($430).
(L) For a Duplicate Type 49 in cities of 40,000 population or over per 9 months: the fee through September 30,
2019, is five hundred twenty-six dollars ($526) and the fee on and after October 1, 2019, is six hundred fifty
dollars ($650).
(M) For a Duplicate Type 49 in cities of less than 40,000, but more than 20,000 population or over per 3 months:
the fee through September 30, 2019, is one hundred three dollars ($103) and the fee on and after October 1,
2019, is one hundred twenty-five dollars ($125).
(N) For a Duplicate Type 49 in cities of less than 40,000, but more than 20,000 per 6 months: the fee through
September 30, 2019, is two hundred seven dollars ($207) and the fee on and after October 1, 2019, is two
hundred fifty dollars ($250).
(O) For a Duplicate Type 49 in cities of less than 40,000, but more than 20,000 population or over per 9 months:
the fee through September 30, 2019, is three hundred eleven dollars ($311) and the fee on and after October 1,
2019, is three hundred seventy-five dollars ($375).
(P) For a Duplicate Type 49 in all other localities per 3 months: the fee through September 30, 2019, is eighty-
one dollars ($81) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(Q) For a Duplicate Type 49 in all other localities per 6 months: the fee through September 30, 2019, is one
hundred sixty-six dollars ($166) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).
(R) For a Duplicate Type 49 in all other localities per 9 months: the fee through September 30, 2019, is two
hundred forty-seven dollars ($247) and the fee on and after October 1, 2019, is three hundred twenty-five
dollars ($325).
(40) (A) For a Type 50 - On-sale general license for bona fide clubs in cities of 40,000 population or over: the fee
through September 30, 2019, is five hundred sixty dollars ($560) and the fee on and after October 1, 2019, is
six hundred fifty dollars ($650).
Item Title:10.12
Senate Bill 314 (Senator Weiner)Support Letter
Item Page Number:10
Menifee Mayor and City Council April 21,2021
Page 345 of 367
4/5/2021 Bill Text - SB-314 Alcoholic beverages.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB314 8/23
(B) For a Type 50 - On-sale general license for bona fide clubs in cities of less than 40,000, but more than
20,000 population: the fee through September 30, 2019, is four hundred twenty dollars ($420) and the fee on
and after October 1, 2019, is five hundred forty dollars ($540).
(C) For a Type 50 - On-sale general license for bona fide clubs in all other localities: the fee through September
30, 2019, is three hundred seventy-three dollars ($373) and the fee on and after October 1, 2019, is four
hundred thirty dollars ($430).
(41) (A) For a Type 51 - Club license (issued under Article 4 of this chapter) in cities of 40,000 population or
over: the fee through September 30, 2019, is five hundred sixty dollars ($560) and the fee on and after October
1, 2019, is six hundred fifty dollars ($650).
(B) For a Type 51 - Club license (issued under Article 4 of this chapter) in cities of less than 40,000, but more
than 20,000 population: the fee through September 30, 2019, is four hundred twenty dollars ($420) and the fee
on and after October 1, 2019, is five hundred forty dollars ($540).
(C) For a Type 51 - Club license (issued under Article 4 of this chapter) in all other localities: the fee through
September 30, 2019, is three hundred seventy-three dollars ($373) and the fee on and after October 1, 2019, is
four hundred thirty dollars ($430).
(42) (A) For a Type 52 - Veterans’ club license (issued under Article 5 of this chapter) in cities of 40,000
population or over: the fee through September 30, 2019, is five hundred sixty dollars ($560) and the fee on and
after October 1, 2019, is six hundred fifty dollars ($650).
(B) For a Type 52 - Veterans’ club license (issued under Article 5 of this chapter) in cities of less than 40,000, but
more than 20,000 population: the fee through September 30, 2019, is four hundred twenty dollars ($420) and
the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(C) For a Type 52 - Veterans’ club license (issued under Article 5 of this chapter) in all other localities: the fee
through September 30, 2019, is three hundred seventy-three dollars ($373) and the fee on and after October 1,
2019, is four hundred thirty dollars ($430).
(43) (A) For a Type 53 - On-sale general train: the fee through September 30, 2019, is two hundred seventeen
dollars ($217) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).
(B) For a Duplicate Type 53: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on
and after October 1, 2019, is one hundred ten dollars ($110).
(44) For a Type 54 - On-sale general boat: the fee through September 30, 2019, is five hundred sixty-three
dollars ($563) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).
(45) (A) For a Type 55 - On-sale general license for airplanes: the fee through September 30, 2019, is five
hundred sixty-three dollars ($563) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).
(B) For a Duplicate Type 55 for air common carriers: the fee through September 30, 2019, is seventy-seven
dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(46) (A) For a Type 56 - On-sale general license for vessels of more than 1,000 tons burden: the fee through
September 30, 2019, is two hundred seventeen dollars ($217) and the fee on and after October 1, 2019, is three
hundred twenty-five dollars ($325).
(B) For a Duplicate Type 56: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on
and after October 1, 2019, is one hundred ten dollars ($110).
(47) (A) For a Type 57 - Special on-sale general in cities of 40,000 population or over: the fee through
September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is
one thousand one hundred ninety dollars ($1,190).
(B) For a Type 57 - Special on-sale general in cities of less than 40,000, but more than 20,000 population: the
fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1,
2019, is nine hundred seventy dollars ($970).
(C) For a Type 57 - Special on-sale general in all other localities: the fee through September 30, 2019, is six
hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars
($755).
Item Title:10.12
Senate Bill 314 (Senator Weiner)Support Letter
Item Page Number:11
Menifee Mayor and City Council April 21,2021
Page 346 of 367
4/5/2021 Bill Text - SB-314 Alcoholic beverages.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB314 9/23
(D) For a Duplicate Type 57 in cities of 40,000 population or over: the fee through September 30, 2019, is six
hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars
($755).
(E) For a Duplicate Type 57 in cities of less than 40,000, but more than 20,000 population: the fee through
September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five
hundred forty dollars ($540).
(F) For a Duplicate Type 57 in all other localities: the fee through September 30, 2019, is three hundred twenty-
six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(48) (A) For a Type 58 - Caterer’s permit; on-sale general or on-sale beer and wine: the fee through September
30, 2019, is one hundred forty-six dollars ($146) and the fee on and after October 1, 2019, is two hundred
fifteen dollars ($215).
(B) For a Type 58 - Caterer’s permit; club in cities of 40,000 population or over: the fee through September 30,
2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one
hundred ninety dollars ($1,190).
(C) For a Type 58 - Caterer’s permit; club in cities of less than 40,000, but more than 20,000 population: the fee
through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019,
is nine hundred seventy dollars ($970).
(D) For a Type 58 - Caterer’s permit; club in all other localities: the fee through September 30, 2019, is six
hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars
($755).
(49) (A) For a Type 59 - On-sale beer and wine seasonal; operating period 3-9 months: the fee through
September 30, 2019, is two hundred thirty-nine dollars ($239) and the fee on and after October 1, 2019, is two
hundred fifty dollars ($250).
(B) For a Type 59 - On-sale beer and wine seasonal; operating period 3-6 months: the fee through September
30, 2019, is one hundred sixty-two dollars ($162) and the fee on and after October 1, 2019, is one hundred
seventy-five dollars ($175).
(50) (A) For a Type 60 - On-sale beer seasonal; operating period 3-9 months: the fee through September 30,
2019, is two hundred thirty-nine dollars ($239) and the fee on and after October 1, 2019, is two hundred fifty
dollars ($250).
(B) For a Type 60 - On-sale beer seasonal; operating period 3-6 months: the fee through September 30, 2019, is
one hundred sixty-two dollars ($162) and the fee on and after October 1, 2019, is one hundred seventy-five
dollars ($175).
(51) For a Type 61 - On-sale beer public premises: the fee through September 30, 2019, is two hundred eighty-
four dollars ($284) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(52) For a Type 62 - On-sale general license dockside: the fee through September 30, 2019, is six hundred nine
dollars ($609) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(53) For a Type 63 - On-sale special beer and wine hospital: the fee through September 30, 2019, is ninety-six
dollars ($96) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(54) (A) For a Type 64 - Special on-sale general theater in cities of 40,000 population or over: the fee through
September 30, 2019, is five hundred sixty dollars ($560) and the fee on and after October 1, 2019, is seven
hundred fifty-five dollars ($755).
(B) For a Type 64 - Special on-sale general theater in cities of less than 40,000, but more than 20,000
population: the fee through September 30, 2019, is four hundred twenty dollars ($420) and the fee on and after
October 1, 2019, is five hundred forty dollars ($540).
(C) For a Type 64 - Special on-sale general theater in all other localities: the fee through September 30, 2019, is
three hundred seventy-three dollars ($373) and the fee on and after October 1, 2019, is four hundred thirty
dollars ($430).
Item Title:10.12
Senate Bill 314 (Senator Weiner)Support Letter
Item Page Number:12
Menifee Mayor and City Council April 21,2021
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(55) For a Type 65 - Special on-sale beer and wine symphony: the fee through September 30, 2019, is two
hundred eighty-four dollars ($284) and the fee on and after October 1, 2019, is four hundred thirty dollars
($430).
(56) For a Type 66 - Controlled access cabinet: the fee through September 30, 2019, is six hundred seventeen
dollars ($617) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(57) For a Type 67 - Bed and breakfast inn; per room: the fee through September 30, 2019, is eight dollars ($8)
and the fee on and after October 1, 2019, is ten dollars ($10).
(58) (A) For a Type 68 - Portable bar in cities of 40,000 population or over: the fee through September 30, 2019,
is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five
dollars ($755).
(B) For a Type 68 - Portable bar in cities of less than 40,000, but more than 20,000 population: the fee through
September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five
hundred forty dollars ($540).
(C) For a Type 68 - Portable bar in all other localities: the fee through September 30, 2019, is three hundred
twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(59) For a Type 69 - Special on-sale beer and wine theater: the fee through September 30, 2019, is two hundred
eighty-four dollars ($284) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(60) (A) For a Type 70 - On-sale general restrictive service in cities of 40,000 population or over: the fee through
September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is
one thousand one hundred ninety dollars ($1,190).
(B) For a Type 70 - On-sale general restrictive service in cities of less than 40,000, but more than 20,000
population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and
after October 1, 2019, is nine hundred seventy dollars ($970).
(C) For a Type 70 - On-sale general restrictive service in all other localities: the fee through September 30,
2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-
five dollars ($755).
(61) (A) For a Type 71 - Special on-sale general for-profit theater in cities of 40,000 population or over: the fee
through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1,
2019, is one thousand one hundred ninety dollars ($1,190).
(B) For a Type 71 - Special on-sale general for-profit theater in cities of less than 40,000, but more than 20,000
population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and
after October 1, 2019, is nine hundred seventy dollars ($970).
(C) For a Type 71 - Special on-sale general for-profit theater in all other localities: the fee through September
30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred
fifty-five dollars ($755).
(D) For a Duplicate Type 71 in cities of 40,000 population or over: the fee through September 30, 2019, is six
hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars
($755).
(E) For a Duplicate Type 71 in cities of less than 40,000, but more than 20,000 population: the fee through
September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five
hundred forty dollars ($540).
(F) For a Duplicate Type 71 in all other localities: the fee through September 30, 2019, is three hundred twenty-
six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(62) (A) For a Type 72 - Special on-sale general for-profit theater, Napa County in cities of 40,000 population or
over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after
October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
(B) For a Type 72 - Special on-sale general for-profit theater, Napa County in cities of less than 40,000, but more
than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the
Item Title:10.12
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Menifee Mayor and City Council April 21,2021
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fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
(C) For a Type 72 - Special on-sale general for-profit theater, Napa County in all other localities: the fee through
September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven
hundred fifty-five dollars ($755).
(D) For a Duplicate Type 72 in cities of 40,000 population or over: the fee through September 30, 2019, is six
hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars
($755).
(E) For a Duplicate Type 72 in cities of less than 40,000, but more than 20,000 population: the fee through
September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five
hundred forty dollars ($540).
(F) For a Duplicate Type 72 in all other localities: the fee through September 30, 2019, is three hundred twenty-
six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(63) For a Type 73 - Special nonprofit sales: the fee through September 30, 2019, is one hundred fourteen
dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
(64) For a Type 74 - Craft distilled spirits manufacturer: the fee through September 30, 2019, is five hundred ten
dollars ($510) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(65) (A) For a Type 75 - Brewpub-restaurant in cities of 40,000 population or over: the fee through September
30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand
one hundred ninety dollars ($1,190).
(B) For a Type 75 - Brewpub-restaurant in cities of less than 40,000, but more than 20,000 population: the fee
through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019,
is nine hundred seventy dollars ($970).
(C) For a Type 75 - Brewpub-restaurant in all other localities: the fee through September 30, 2019, is six
hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars
($755).
(D) For a Duplicate Type 75 in cities of 40,000 population or over: the fee through September 30, 2019, is six
hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars
($755).
(E) For a Duplicate Type 75 in cities of less than 40,000, but more than 20,000 population: the fee through
September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five
hundred forty dollars ($540).
(F) For a Duplicate Type 75 in all other localities: the fee through September 30, 2019, is three hundred twenty-
six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(66) (A) For a Type 76 - On-sale general maritime museum: the fee through September 30, 2019, is two
hundred seventeen dollars ($217) and the fee on and after October 1, 2019, is three hundred twenty-five dollars
($325).
(B) For a Duplicate Type 76: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on
and after October 1, 2019, is one hundred ten dollars ($110).
(67) For a Type 77 - Event permit: the fee through September 30, 2019, is one hundred forty-six dollars ($146)
and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).
(68) (A) For a Type 78 - On-sale general wine, food and art cultural museum in cities of 40,000 population or
over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after
October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
(B) For a Type 78 - On-sale general wine, food and art cultural museum in cities of less than 40,000, but more
than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the
fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
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Menifee Mayor and City Council April 21,2021
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(C) For a Type 78 - On-sale general wine, food and art cultural museum in all other localities: the fee through
September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven
hundred fifty-five dollars ($755).
(D) For a Duplicate Type 78 in cities of 40,000 population or over: the fee through September 30, 2019, is six
hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars
($755).
(E) For a Duplicate Type 78 in cities of less than 40,000, but more than 20,000 population: the fee through
September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five
hundred forty dollars ($540).
(F) For a Duplicate Type 78 in all other localities: the fee through September 30, 2019, is three hundred twenty-
six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(69) For a Type 79 - Certified farmers’ market: the fee through September 30, 2019, is fifty-eight dollars ($58)
and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(70) For a Type 80 - Special on-sale general; per room: the fee through September 30, 2019, is seventeen
dollars ($17) and the fee on and after October 1, 2019, is twenty dollars ($20).
(71) For a Type 81 - Wine sales event permit: the fee through September 30, 2019, is fifty dollars ($50) and the
fee on and after October 1, 2019, is one hundred ten dollars ($110).
(72) For a Type 82 - Direct shipper permit: the fee through September 30, 2019, is ten dollars ($10) and the fee
on and after October 1, 2019, is twenty-five dollars ($25).
(73) (A) For a Type 83 - On-sale general caterer’s permit in cities of 40,000 population or over: the fee through
September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is
one thousand one hundred ninety dollars ($1,190).
(B) For a Type 83 - On-sale general caterer’s permit in cities of less than 40,000, but more than 20,000
population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and
after October 1, 2019, is nine hundred seventy dollars ($970).
(C) For a Type 83 - On-sale general caterer’s permit in all other localities: the fee through September 30, 2019,
is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five
dollars ($755).
(74) For a Type 84 - Certified farmers’ market beer: the fee through September 30, 2019, is fifty-eight dollars
($58) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(75) For a Type 85 - Limited off-sale wine license: the fee through September 30, 2019, is two hundred seventy-
eight dollars ($278) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(76) For a Type 86 - Instructional tasting license: the fee through September 30, 2019, is three hundred dollars
($300) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(77) (A) For a Type 87 - Neighborhood restricted special on-sale in cities of 40,000 population or over: the fee
through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1,
2019, is one thousand one hundred ninety dollars ($1,190).
(B) For a Type 87 - Neighborhood restricted special on-sale in cities of less than 40,000, but more than 20,000
population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and
after October 1, 2019, is nine hundred seventy dollars ($970).
(C) For a Type 87 - Neighborhood restricted special on-sale in all other localities: the fee through September 30,
2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-
five dollars ($755).
(D) For a Duplicate Type 87 in cities of 40,000 population or over: the fee through September 30, 2019, is six
hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars
($755).
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Senate Bill 314 (Senator Weiner)Support Letter
Item Page Number:15
Menifee Mayor and City Council April 21,2021
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(E) For a Duplicate Type 87 in cities of less than 40,000, but more than 20,000 population: the fee through
September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five
hundred forty dollars ($540).
(F) For a Duplicate Type 87 in all other localities: the fee through September 30, 2019, is three hundred twenty-
six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(78) (A) For a Type 88 - Special on-sale general license for historic cemetery in cities of 40,000 population or
over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after
October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
(B) For a Type 88 - Special on-sale general license for historic cemetery in cities of less than 40,000, but more
than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the
fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
(C) For a Type 88 - Special on-sale general license for historic cemetery in all other localities: the fee through
September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven
hundred fifty-five dollars ($755).
(D) For a Duplicate Type 88 in cities of 40,000 population or over: the fee through September 30, 2019, is six
hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars
($755).
(E) For a Duplicate Type 88 in cities of less than 40,000, but more than 20,000 population: the fee through
September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five
hundred forty dollars ($540).
(F) For a Duplicate Type 88 in all other localities: the fee through September 30, 2019, is three hundred twenty-
six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(79) For a Type 89 - COVID-19 permanent caterer’s authorization: the fee is one hundred dollars ($100).
(80) For a Type 90 - Music venue license in cities of 40,000 population or over: the fee is one thousand one
hundred ninety dollars ($1,190).
(81) For a Type 90 - Music venue license in cities of less than 40,000, but more than 20,000 population: the fee
is nine hundred seventy dollars ($970).
(82) For a Type 90 - Music venue license in all other localities: the fee is seven hundred fifty-five dollars ($755).
(c) (1) In addition to the application fee for a new permanent license as specified in subdivision (a), an annual
renewal fee, as set forth in subdivision (b), shall accompany the application. The application fee shall be
nonrefundable up to the amount of the application fee in paragraph (1) of subdivision (a), as adjusted by
subdivisions (d) and (e). The annual fee provided at the time of application shall allow the license to be active for
one year from the date of issuance and shall be refundable only in the event that the license application is
withdrawn or denied.
(2) If an application includes multiple new permanent licenses to be issued at the same premises, the application
fee shall be required for only one of the applied-for licenses and an application fee shall not be charged for the
remainder of the licenses. In situations involving different license types, the application fee to be paid shall be
the highest such fee as specified in subdivision (a). Notwithstanding this provision, the annual renewal fee
required pursuant to this subdivision shall be payable for each license.
(d) Beginning January 1, 2021, and each January 1 thereafter, the department may adjust each of the fees
specified in this section by increasing each fee by an amount not to exceed the percentage that the California
Consumer Price Index (California Department of Industrial Relations, Division of Labor Statistics and Research,
All Items, Base Period 1982-84=100) for the preceding August 2019, and each August annually thereafter, has
increased under the same index over the month of August 2018, which shall be the base period. The department
shall not adjust fees pursuant to this section if the balance of the Alcohol Beverage Control Fund at the end of
the prior fiscal year is greater than one-fourth of the department’s appropriation from the Alcohol Beverage
Control Fund for the current fiscal year. No fee shall be decreased pursuant to this adjustment below the fee
currently in effect on each December 31. If the accumulation of percentage increases is greater than 8 percent,
the department shall not adjust fees without the Legislature’s approval through the budget process. In the event
that this index is discontinued, the department shall consult with the Department of Finance to convert the
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increase calculations to an index then available. When approved by the Department of Finance, the new index
shall replace the discontinued index.
(e) When fees are adjusted pursuant to subdivision (d), the department shall calculate the percentage increase
as specified in that subdivision and shall apply this increase to each fee. The increase to each fee shall be
rounded to the nearest whole five dollars ($5). The adjusted fee list, to be effective on January 1 of the
upcoming year, shall be published by the department on its internet website and transmitted in writing to the
Chairperson of the Joint Legislative Budget Committee no later than January 10 of the year before it becomes
effective. This adjustment of fees and publication of the adjusted fee list is not subject to the requirements of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 2. Section 23398.9 is added to the Business and Professions Code, to read:
23398.9. (a) A licensee under an on-sale general license, may apply to the department for a COVID-19
permanent caterer’s authorization. A licensee shall not be required to have a caterer’s permit issued pursuant to
Section 23399 to qualify for this authorization. The COVID-19 permanent caterer’s authorization authorizes the
on-site consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is
adjacent to the licensed premises and that is under the control of the licensee.
(b) Adjacent areas under the control of the licensee include, but are not limited to, all of the following:
(1) Indoor areas that are accessible from within the licensed premises but not currently licensed.
(2) Outdoor areas that are accessible from the licensed premises but not currently licensed.
(3) Indoor and outdoor areas under the control of the licensee and one or more other businesses.
(4) Parking lots.
(5) Sidewalks and other public thoroughfares that are closed to public access during the period of service.
(6) Other areas within close proximity to the licensed premises that are immediately accessible to the licensee,
and that are secured by and under the control of the licensee.
(c) In all adjacent areas described in subdivision (b), the licensee may exercise only those privileges authorized
by the licensee’s license and shall comply with all provisions of the act pertaining to the conduct of on-sale
premises. A violation of those provisions may be grounds for suspension or revocation of the licensee’s license or
authorization, or both, as though the violation occurred on the licensed premises.
(d) (1) If the authorized adjacent area is utilized by one or more other licensees, all licensees sharing the area
shall be jointly responsible for compliance with all applicable laws and rules pertaining to their respective licenses
and authorizations and for any violations that occur within the shared common authorized adjacent area. A
licensee may terminate its liability for a shared common authorized area by canceling its COVID-19 permanent
caterer’s authorization at any time.
(2) Each licensee sharing the common authorized adjacent area shall have a separate COVID-19 permanent
caterer’s authorization.
(3) An on-sale public premises licensee shall not share an area with a nonpublic premises licensee.
(e) Licensees who possess an active COVID-19 temporary catering authorization on January 1, 2022, issued by
the department may continue operating pursuant to that authorization until it expires. Thereafter, the licensee
may apply for a COVID-19 permanent caterer’s authorization pursuant to this section.
(f) The fee for a COVID-19 permanent caterer’s authorization shall be the annual fee as specified in subdivision
(b) of Section 23320 and the permit may be renewable annually at the same time as the licensee’s license. A
COVID-19 permanent caterer’s authorization shall be transferable as a part of the license.
(g) The department shall expedite the review of an application for a COVID-19 permanent caterer’s authorization
and shall approve or deny an application no later than six months after receiving the application.
SEC. 3. Section 23399 of the Business and Professions Code is amended to read:
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23399. (a) An on-sale general license authorizes the sale of beer, wine, and distilled spirits for consumption on
the premises where sold. Any licensee under an on-sale general license, an on-sale beer and wine license, a club
license, or a veterans’ club license may apply to the department for a caterer’s permit. A caterer’s permit under
an on-sale general license shall authorize the sale of beer, wine, and distilled spirits for consumption at
conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the
state approved by the department. A caterer’s permit under an on-sale beer and wine license shall authorize the
sale of beer and wine for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings,
or similar events held any place in the state approved by the department. A caterer’s permit under a club license
or a veterans’ club license shall authorize sales at these events only upon the licensed club premises.
(b) Any licensee under an on-sale general license or an on-sale beer and wine license may apply to the
department for an event permit. An event permit under an on-sale general license or an on-sale beer and wine
license shall authorize, at events held no more frequently than four days in any single calendar year, the sale of
beer, wine, and distilled spirits only under an on-sale general license or beer and wine only under an on-sale beer
and wine license for consumption on property adjacent to the licensed premises and owned or under the control
of the licensee. This property shall be secured and controlled by the licensee and not visible to the general
public.
(c) (1) This section shall in no way limit the power of the department to issue special licenses under the
provisions of Section 24045 or to issue daily on-sale general licenses under the provisions of Section 24045.1.
Consent for sales at each event shall be first obtained from the department in the form of a catering or event
authorization issued pursuant to rules prescribed by it. Any event authorization shall be subject to approval by
the appropriate local law enforcement agency. The daily fee for each catering or event authorization shall be
based on the estimated attendance at each day of the event, as follows:
(A) One hundred dollars ($100) when anticipated attendance is less than 1,000 people.
(B) Three hundred twenty-five dollars ($325) when anticipated attendance is at least 1,000 people and less than
5,000 people.
(C) One thousand dollars ($1,000) when anticipated attendance is 5,000 people or more.
(2) All fees collected pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided
in Section 25761.
(d) At all approved events, the licensee may exercise only those privileges authorized by the licensee’s license
and shall comply with all provisions of the act pertaining to the conduct of on-sale premises and violation of
those provisions may be grounds for suspension or revocation of the licensee’s license or permit, or both, as
though the violation occurred on the licensed premises.
(e) The fee for a caterer’s permit for a licensee under an on-sale general license, a caterer’s permit for a licensee
under an on-sale beer and wine license, or an event permit for a licensee under an on-sale general license or an
on-sale beer and wine license shall be the annual fee as specified in subdivision (b) of Section 23320, and the
fee for a caterer’s permit for a licensee under a club license or a veterans’ club license shall be as specified in
Section 23320, and the permit may be renewable annually at the same time as the licensee’s license. A caterer’s
or event permit shall be transferable as a part of the license.
(f) The department shall expedite the review of an application for a caterer’s permit.
SEC. 4. Section 23406 is added to the Business and Professions Code, to read:
23406. Notwithstanding any other provision of law, a licensee under an on-sale license issued for public premises
may permit a person under the age of 21 years to enter and remain on the licensed premises provided that
alcoholic beverages are not sold, served, or consumed on the premises during the time that a person under the
age of 21 years is present.
SEC. 5. Section 23407 is added to the Business and Professions Code, to read:
23407. A licensee that shares a licensed premises with another licensee but does not operate under their license
at the same time as the other licensee shall be responsible for compliance with the provisions of this division and
for any violations that occur on the licensed premises only during the time when that licensee operates under
their license.
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Menifee Mayor and City Council April 21,2021
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SEC. 6. Article 7 (commencing with Section 23550) is added to Chapter 3 of Division 9 of the Business and
Professions Code, to read:
Article 7. Music Venue License
23550. For purposes of this article:
(a) “Agreement” includes any amendment, modification, other revision, or extensions to the agreement if it
relates in any manner to the purchase of advertising space and time at the music entertainment facility from the
owner or major tenant of the facility.
(b) “Authorized licensee” means a winegrower, rectifier, California winegrower’s agent, beer manufacturer, holder
of an out-of-state beer manufacturer’s certificate, distilled spirits manufacturer, holder of a distilled spirits
rectifier’s general license, distilled spirits manufacturer’s agent, brandy manufacturer, holder of an out-of-state
distilled spirits shipper’s certificate, holder of a distilled spirits importer’s general license, craft distiller, or holder
of a beer and wine importer’s general license.
(c) “On-sale licensee” means a person holding an on-sale general music venue license to serve alcoholic
beverages on the premises of a music entertainment facility.
(d) “Music venue license” means an on-sale general for music entertainment facility bona fide public eating place
license issued pursuant to this article.
(e) “Music entertainment facility” means a publicly or privately owned concert hall, auditorium, or an enclosed
arena with a spectator capacity exceeding 25 people where music or entertainment events are presented for a
price of admission. The facility does not have to be used exclusively for music or entertainment events.
23552. (a) In addition to the licenses specified in Section 23320, the department may issue a music venue license
to sell beer, wine, and distilled spirits at retail for consumption upon the premises only.
(b) The music venue license may be issued to the person providing alcoholic beverage and food service at the
music entertainment facility. Except as provided in this section, only licensees with a music venue license are
authorized to sell beer, wine, and distilled spirits at retail for consumption upon the premises of the music
entertainment facility. The license shall only be transferable from person to person at the same premises. A
music venue license shall not be transferred for a purchase price or consideration in excess of the original fee
paid for that license.
(c) (1) Issuance of the license shall be subject to the provisions of Section 23958.4.
(2) Issuance of the license shall not be subject to the provisions of Section 23816.
(d) An on-sale licensee may permit a person under 21 years of age into the music entertainment facility for a
price of admission. This subdivision does not authorize the on-sale licensee to sell, furnish, or give any alcoholic
beverages to a person under 21 years of age, or to engage in any other activity not otherwise authorized by this
division.
(e) (1) Any person providing alcoholic beverage and food service at a music entertainment facility pursuant to
another type of on-sale license as of the effective date of this section shall obtain a music venue license within
12 months of the effective date of this section if that person provides alcoholic beverage and food service at the
facility on or after January 1, 2022. The person may elect to surrender that existing license in exchange for a
music venue license or may transfer that license pursuant to applicable law. If, after a license surrender and
exchange, the on-sale licensee that surrendered and exchanged its license for a music venue license no longer
provides alcoholic beverage and food service at that facility, the on-sale licensee may surrender and exchange
the music venue license for the licensee’s original license, subject to any applicable provisions of this division.
(2) The department may modify its rules regarding the surrender of licenses to implement this subdivision.
23553. The music venue license is subject to all of the following conditions:
(a) Except as otherwise provided in this chapter, a person holding a music venue license shall not enter into any
agreement with any authorized licensee for the purchase of advertising space and time at the music
entertainment facility, including the premises of the on-sale licensee.
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Menifee Mayor and City Council April 21,2021
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(b) (1) For any music entertainment facility at which an authorized licensee has entered into an agreement with
the owner or major tenant of the facility for the purchase of advertising space and time at the facility, any on-
sale licensee shall serve other brands of beer distributed by a competing wholesaler that are not the brands of
beer sold, manufactured, or marketed by an authorized licensee, other brands of wine distributed by a
competing wholesaler that are not the brands of wine sold, manufactured, or marketed by an authorized
licensee, and other brands of distilled spirits distributed by a competing wholesaler that are not the brands sold,
manufactured, or marketed by an authorized licensee that purchased the advertising space and time. An on-sale
licensee may also serve brands of beer that are manufactured and provided by an unaffiliated, competing
licensed beer manufacturer that are not the brands of beer sold, manufactured, or marketed by an authorized
licensee that purchased the advertising space and time.
(2) For the purpose of this subdivision, brands of an authorized licensee purchasing the advertising space and
time shall mean brands of beer, wine, or distilled spirits that are sold, manufactured, or marketed by the
authorized licensee or sold, manufactured, or marketed by any subsidiary or other business entity of the
authorized licensee that the authorized licensee owns, manages, or controls.
23554. Notwithstanding any other provision of this division, an authorized licensee may purchase advertising
space and time at a music entertainment facility from the owner or major tenant of the facility that is not a
licensee under this article, subject to the following conditions:
(a) The purchase of advertising space and time shall be conducted pursuant to a written agreement entered into
by the authorized licensee and the owner or major tenant of the facility containing all the terms and conditions of
such purchase.
(b) (1) The authorized licensee shall submit to the department within 15 days of execution of the agreement a
declaration stating that the authorized licensee has entered into a written agreement for the purchase of
advertising space and time at a music entertainment facility pursuant to and in compliance with the provisions of
this section, along with a fee of two thousand five hundred dollars ($2,500) to cover the reasonable
administrative costs of the department. The declaration shall further state the name and address of the music
entertainment facility, the names of the parties to the agreement, and the time period that agreement will
continue in effect. The authorized licensee shall notify the department within 15 days of any amendment,
extension, modification, or renewal of that agreement or of any new agreement.
(2) The declaration shall also state that there is no financial arrangement or agreement, written or oral, between
the authorized licensee and the owner or major tenant of the facility or with any on-sale licensee that provides
for the on-sale licensee to receive a share of the revenues, or anything of value, directly or indirectly, from the
advertising agreement.
(3) The declaration required by this subdivision shall not be under penalty of perjury. Failure to comply with this
subdivision or the filing of a false declaration shall be subject to license suspension by the department.
(c) The agreement shall not contain any of the following terms or conditions:
(1) The agreement is conditioned on the purchase or sale of the authorized licensee’s brands of alcoholic
beverages by the on-sale licensee or limits the purchase and sale of competing brands of alcoholic beverages
manufactured, distributed, sold, or marketed by other authorized licensees at the facility by the on-sale licensee.
(2) The agreement provides for anything of value to be furnished, directly or indirectly, to the on-sale licensee.
(3) Any term or condition that violates any provision of this division.
(d) In monitoring the impacts of any agreements authorized by this article, the department may conduct audits
to determine compliance with this section. Audits may include, but are not limited to, brand selection at the
music entertainment facility, purchase patterns of the on-sale licensee, and review of any agreement or
amendments to an agreement or any other contractual or financial arrangement, written or oral, between or
among the parties to the agreement and the on-sale licensee, including any affiliated business of the on-sale
licensee or any affiliated business of the authorized licensee.
(e) The department shall penalize a violation of any provision of this section by the suspension of the authorized
licensee’s license or by a fine equal to the contract value of the agreement for advertising.
23555. The Legislature finds and declares all of the following:
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(a) Statutes to implement a three-tier system, which requires a separation between manufacturing interests,
wholesale interests, and retail interests in the production, distribution, and sale of alcoholic beverages, are as
proper and necessary to the public welfare in the 21st Century as they were when first enacted following the
enactment of the 21st Amendment to the United States Constitution and the repeal of prohibition; that the
three-tier system by requiring economic separation between the tiers contributes to a fair, open, and competitive
market resulting in interbrand and other competition within each tier, thereby broadening consumer choices; and
that it also prevents disorderly market conditions arising from the domination of local markets through vertical
integration leading to excessive sales of alcoholic beverages and consumption produced by overly aggressive
marketing techniques, including, but not limited to, the domination of local markets and the undue economic
influence of one tier over another. The Legislature further affirms that temperance is achieved, consistent with
the structural regulation that promotes a competitive and orderly market, by controlled access to, and
responsible use and consumption of, alcoholic beverages by persons of legal drinking age.
(b) The enactment of tied-house restrictions are necessary economic regulations that serve important public
interests, and the restrictions prohibiting a manufacturer or wholesaler from furnishing, giving, or lending any
money or other thing of value to a retail licensee, or from paying or compensating a retailer for advertising as
provided in Section 25503, are necessary to promote and maintain an orderly competitive market that is open
and accessible to all brands and to prevent manufacturers from dominating local markets through payment of
incentives and compensation to retailers. The Legislature further finds and declares that limited exceptions have
been made to this general prohibition to promote an identifiable public purpose and interest for the exception,
which have been limited to the express terms of the exception so as to not undermine the general prohibition.
(c) Because this system of prohibition with limited, specific exceptions may be incorrectly construed to
undermine the general prohibition despite legislative directives to the contrary, this section is necessary to clarify
and reenforce the general prohibition as provided in Section 25503.
(d) There may be instances where the community public interest and welfare would benefit from the music
entertainment facility owner or its major tenant being able to receive revenue for the advertisement of alcoholic
beverages on the premises of the facility. Therefore, this article is enacted to authorize manufacturers of
alcoholic beverages to enter into agreements with the owner or major tenant of a music entertainment facility for
the placement of brand advertisements upon the premises of the facility where the alcoholic beverage sales on
the facility premises are conducted by a separate, independent entity who is the on-sale general licensee and
does not share in the advertising revenue.
(e) The provisions of this article and other exceptions in this division to the general prohibition against tied
interests must be narrowly construed and limited to the express terms of the exception so as not to undermine
the general prohibition. The Legislature expressly intends that this article and division be construed in
accordance with these findings.
SEC. 7. Section 24300 of the Business and Professions Code is amended to read:
24300. (a) Any hearings held on a protest, accusation, or petition for a license shall be held in the county in which
the premises or licensee is located; provided, that hearings before the department itself on reconsideration or
under subdivision (c) of Section 11517 of the Government Code may be held at any place in the state where the
department is meeting. Except as provided in Section 24203 and in this section, the proceedings shall be
conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code, and in all cases the department shall have all the powers granted therein. The department, in
its exclusive discretion, shall consider scheduling the hearing at a time, including evening hours, and at a place
convenient to all parties to a proceeding, including those witnesses required to be present, and the public
affected.
(b) Notwithstanding the provisions of subdivision (a), if a protest is filed against an application for a license and
the proposed premises are located within a city, the department may, in its discretion, hold the hearing within
that city, unless the protest is filed by the governing body of the city, in which case the department shall hold the
hearing within that city.
(c) For any hearing held pursuant to this division, the department may delegate the power to hear and decide to
an administrative law judge appointed by the director. Any hearing before an administrative law judge shall be
pursuant to the procedures, rules, and limitations prescribed in Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code.
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Menifee Mayor and City Council April 21,2021
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(d) The department shall hold any hearing held pursuant to this division within six months after the filing of a
protest, accusation, or petition for a license.
SEC. 8. Section 25600.5 of the Business and Professions Code is amended to read:
25600.5. Notwithstanding any other provision of this division, a manufacturer of distilled spirits, distilled spirits
manufacturer’s agent, out-of-state distilled spirits shipper’s certificate holder, winegrower, rectifier, or distiller, or
its authorized unlicensed agent, may provide, free of charge, entertainment, food, and distilled spirits, wine, or
nonalcoholic beverages to consumers at an invitation-only event in connection with the sale or distribution of
wine or distilled spirits, subject to the following conditions:
(a) No licensee, other than those specified in this section, may conduct or participate in any portion of an event
authorized by this section. A licensee authorized to conduct an event pursuant to this section shall not be
precluded from doing so on the basis of holding any other type of alcoholic beverage license.
(b) An event authorized by this section shall be conducted on either the:
(1) Premises for which a caterer’s authorization has been issued, except that any event held on the premises of a
licensed winegrower shall not be authorized to provide any distilled spirits other than brandy.
(2) Premises of a hotel holding an on-sale beer and wine or on-sale general license, except an event shall not be
conducted in the lobby area of a hotel or in any portion of a hotel that is identified, promoted, or otherwise
designated by the hotel as a club, nightclub, or other similar entertainment venue. For purposes of this
paragraph, “hotel” means any hotel, motel, resort, bed and breakfast inn, or other similar transient lodging
establishment, but it does not include any residential hotel as defined in Section 50519 of the Health and Safety
Code.
(c) A hotel where the event authorized by this section is being conducted shall maintain, during all times while
exercising its license privileges, other areas within the licensed premises that shall be made readily available to
the public not attending the authorized event.
(d) Except as provided in paragraph (2) of subdivision (b), an event authorized by this section shall not be
conducted on premises for which a permanent retail license has been issued.
(e) Except for fair market value payments authorized pursuant to this section, a retail licensee, including the
licensed caterer or the licensed hotel, shall not receive, nor shall the licensee conducting the event give, any
other item of value or benefit in connection with events authorized by this section.
(f) The person authorized by this section to provide, free of charge, entertainment, food, and beverages shall be
present during the event.
(g) The person authorized by this section to provide, free of charge, entertainment, food, and beverages shall
have sole responsibility for providing payment for the entertainment, food, beverages, and rental fees at the
event. Payments for entertainment, food, beverages, and rental fees shall not exceed fair market value. No other
licensed person shall be authorized, under this section, to provide any portion of these payments.
(h) Requests for attendance at the event shall be by invitation sent to consumers over 21 years of age at a
specific address via mail or email, by telephone, or presented in person. Invitations or other advertisements of
the event shall not be disseminated by any other means. Invitations shall not be sent by the authorized person
or their authorized unlicensed agent inviting all of the employees of a retail licensee or a chain of retail licensees
under common ownership to an authorized event.
(i) Attendance at the event shall be limited to consumers who receive and accept an invitation to the event.
Invited consumers may each invite one guest. All attendees shall be over 21 years of age. The total number of
consumers and their guests allowed at any event authorized by this section shall not exceed 600 people.
Admittance to the event shall be controlled by a list containing the names of consumers who accepted the
invitation and their guests. The persons identified in this section shall be responsible for compliance.
(j) No premium, gift, free goods, or other thing of value may be given away in connection with the event, except
as authorized by this division.
(k) The duration of any event authorized by this section shall not exceed four hours.
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Menifee Mayor and City Council April 21,2021
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(l)(1)Subject to paragraph (3), a person authorized to conduct events pursuant to this section shall not conduct
more than 12 events in a calendar year where the consumers and guests in attendance exceed 100 people, and
not more than 24 events in a calendar year where the consumers and guests in attendance is 100 people or
fewer.
(2)The limitation on events authorized by this section shall be by person, whether that person holds a single
license or multiple licenses. If a person holds multiple licenses, the limitation shall be applied to the person
holding the license, not by type of license.
(3)A licensee authorized to conduct events pursuant to this section shall not conduct more than two events in a
calendar year on the premises of any single licensed hotel or other licensed hotel under the same or common
ownership.
(4)
(l) (1) The licensee conducting the event shall not advertise any retail licensee. If the event is held on the
premises of a retail licensee as permitted by this section, the licensee conducting the event may list the retailer’s
name and address in the invitation and any related advertising for the sole purpose of identifying the location of
the event. The listing of the retailer’s name and address shall be the only reference to the retail licensee and
shall be relatively inconspicuous in relation to the invitation or advertisement as a whole. Pictures or illustrations
of the retailer’s premises, or laudatory references to the retailer, shall not be permitted.
(5)
(2) (A) Other than as specifically authorized by this section, alcoholic beverage promotions of any sort shall not
be conducted by any licensee in conjunction with an event held on the premises of a retail licensee pursuant to
this section. This restriction includes any discounted drink specials offered by the retail licensee to consumers.
(B) For purposes of this paragraph, “in conjunction with” means during an event and any period within 24 hours
before and 24 hours following an event.
(6)
(3) A retail licensee shall conspicuously offer for sale alcoholic beverages other than the products produced,
distributed, bottled, or otherwise offered for sale by the licensee conducting the event.
(m) At least 30 days prior to an event, the licensee, or its authorized unlicensed agent, authorized to conduct the
event shall apply to the department for a permit authorizing the event. In addition to any other information
required by the department, the licensee shall provide the department all of the following information:
(1) The name of the company authorized to conduct the event.
(2) The number of people planned to be in attendance.
(3) The start and end times for the event.
(4) The location of the event.
(5) The name of the caterer, if required, obtaining the caterer’s authorization for the event.
(n) All alcoholic beverages provided pursuant to this section shall be purchased from the holder of the caterer’s
permit or the licensed hotel, as applicable.
(o) All alcoholic beverages served at an event authorized by this section shall be served in accordance with
Sections 25631 and 25632.
(p) No person authorized to conduct an event pursuant to this section shall hold such an event at the same
location more than eight times in a calendar year.
(q) The person authorized to conduct an event under this section may provide attendees at the event with a free
ride home. The free rides shall only constitute free ground transportation to attendees’ homes or to hotels or
motels where attendees are staying.
(r) In addition to the prescribed fee imposed upon a licensed caterer to conduct an event authorized by this
section, a fee of two hundred dollars ($200) shall be collected by the department from the licensee, or its
authorized unlicensed agent, authorized by this section to provide, free of charge, entertainment, and beverages
Item Title:10.12
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Item Page Number:23
Menifee Mayor and City Council April 21,2021
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at an authorized event. This fee may be adjusted by the department pursuant to subdivisions (d) and (e) of
Section 23320.
(s) All licensees involved in events held pursuant to this section shall be responsible for compliance with this
section, and with all other provisions of this division in connection with these events, and each may be subject to
discipline for violation of this division.
(t) The Legislature finds and declares both of the following:
(1) That it is necessary and proper to require a separation between manufacturing interests, wholesale interests,
and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from
dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages
produced by overly aggressive marketing techniques.
(2) Any exception established by the Legislature to the general prohibition against tied interests must be limited
to the express terms of the exception so as to not undermine the general prohibitions.
(u) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 9. Section 25607 of the Business and Professions Code is amended to read:
25607. (a) Except as provided in subdivisions (b), (c), and (d), (d), and (e), it is unlawful for any person or
licensee to have upon any premises for which a license has been issued any alcoholic beverages other than the
alcoholic beverage which the licensee is authorized to sell at the premises under their license. It shall be
presumed that all alcoholic beverages found or located upon premises for which licenses have been issued
belong to the person or persons to whom the licenses were issued. Every person violating the provisions of this
section is guilty of a misdemeanor. The department may seize any alcoholic beverages found in violation of this
section.
(b) Except as provided in subdivision (c), a bona fide public eating place for which an on-sale beer and wine
license has been issued may have upon the premises brandy, rum, or liqueurs for use solely for cooking
purposes.
(c) (1) A licensed winegrower, licensed beer manufacturer that holds a small beer manufacturer’s license, and a
licensed craft distiller, in any combination, whose licensed premises of production are immediately adjacent to
each other and which are not branch offices, may, with the approval of the department and under such
conditions as the department may require, share a common licensed area in which the consumption of alcoholic
beverages is permitted, only under all of the following circumstances:
(A) The shared common licensed area is adjacent and contiguous to the licensed premises of the licensees.
(B) The licensed premises of the licensees are not branch offices.
(C) The shared common licensed area shall be readily accessible from the premises of the licensees without the
necessity of using a public street, alley, or sidewalk.
(D) Except as otherwise authorized by this division, the alcoholic beverages that may be consumed in the shared
common licensed area shall be purchased by the consumer only from the licensed winegrower, the licensed beer
manufacturer, or the licensed craft distiller.
(E) The licensed winegrower, the licensed beer manufacturer, and the licensed craft distiller shall be jointly
responsible for compliance with the provisions of this division and for any violations that may occur within the
shared common licensed area.
(2) Nothing in this subdivision is intended to authorize the licensed winegrower, the licensed beer manufacturer,
or the licensed craft distiller to sell, furnish, give, or have upon their respective licensed premises any alcoholic
beverages, or to engage in any other activity, not otherwise authorized by this division, including, without
limitation, the consumption on the premises of any distilled spirits purchased by consumers for consumption off
the premises pursuant to Section 23504 or the consumption of distilled spirits other than as permitted by Section
23363.1.
(d) The holder of a beer manufacturer’s license, winegrower’s license, brandy manufacturer’s license, distilled
spirits manufacturer’s license, craft distiller’s license, any rectifier’s license, any importer’s license, or any
wholesaler’s license, that holds more than one of those licenses for a single premises, may have alcoholic
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beverages that are authorized under those licenses at the same time anywhere within the premises for purposes
of production and storage, if the holder of the licenses maintains records of production and storage that identify
the specific location of each alcoholic beverage product within the premises. Nothing in this subdivision is
intended to allow a licensee to hold licenses, alone or in combination, or to exercise any license privileges, not
otherwise provided for or authorized by this division.
(e) (1) Two or more on-sale general licensees whose licensed premises are immediately adjacent to each other
and which are not branch offices, may, with the approval of the department and under such conditions as the
department may require, share a common licensed area in which the consumption of alcoholic beverages is
permitted, only under all of the following circumstances:
(A) The shared common licensed area is adjacent and contiguous to the licensed premises of the licensees.
(B) The licensed premises of the licensees are not branch offices.
(C) The shared common licensed area shall be readily accessible from the premises of the licensees without the
necessity of using a public street, alley, or sidewalk.
(D) Except as otherwise authorized by this division, the alcoholic beverages that may be consumed in the shared
common licensed area shall be purchased by the consumer only from the licensees.
(E) The licensees shall be jointly responsible for compliance with the provisions of this division and for any
violations that occur within the shared common licensed area.
(2) Notwithstanding any other law, the licensees may permit a minor into the shared common licensed area
outside of the hours when alcohol is served.
(3) Nothing in this subdivision is intended to authorize the licensees to sell, furnish, give, or have upon their
respective licensed premises any alcoholic beverages, or to engage in any other activity, not otherwise
authorized by this division, including, without limitation, the consumption on the premises of any distilled spirits
purchased by consumers for consumption off the premises pursuant to Section 23504 or the consumption of
distilled spirits other than as permitted by Section 23363.1.
SEC. 10. Section 25665 of the Business and Professions Code is amended to read:
25665. Any Except as otherwise provided in Section 23406, any licensee under an on-sale license issued for
public premises, as defined in Section 23039, who permits a person under the age of 21 years to enter and
remain in the licensed premises without lawful business therein is guilty of a misdemeanor. Any Except as
otherwise provided in Section 23406, any person under the age of 21 years who enters and remains in the
licensed public premises without lawful business therein is guilty of a misdemeanor and shall be punished by a
fine of not less than two hundred dollars ($200), no part of which shall be suspended.
SEC. 11. Section 65863.15 is added to the Government Code, to read:
65863.15. (a) A city, including a charter city, county, or city and county, may allow in a commercial zone the
consumption of alcoholic beverages, including the possession of any can, bottle, or other receptacle containing
any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially
removed.
(b) The consumption of alcoholic beverages and possession of open containers permitted pursuant to subdivision
(a) remain subject to regulation under Section 647 of the Penal Code and Sections 23223 and 23225 of the
Vehicle Code.
SEC. 12. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a
crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 13. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or
safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts
constituting the necessity are:
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In order to address the economic loss restaurants and bars have sustained after being hit extremely hard by
COVID-19 and to protect against further loss, which will help ensure public health and safety, it is necessary for
this act to take effect immediately.
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Menifee Mayor and City Council April 21,2021
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CITY OF MENIFEE
SUBJECT: City Council Recognition Policy
MEETING DATE: April 21, 2021
TO: Mayor and City Council
PREPARED BY: Stephanie Roseen, Deputy City Clerk
REVIEWED BY: Sarah A. Manwaring, City Clerk
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Adopt the City Council Recognition Policy.
DISCUSSION
Currently, recognitions are incorporated in the City Council Policy No. CC-01, Rules of Decorum
and Procedures for the Conduct of City Council Meetings. At the September 16, 2020 City Council
meeting staff presented options for Council to create a separate Recognition Policy and remove
verbiage from the existing Policy No. CC-01.
Recognizing members of the public and organizations who achieve success in any endeavor is
an important element of the Council’s core values. Appropriate recognition enriches our collective
experiences and enhances the culture, lifestyle, and freedoms that we enjoy in the City of Menifee.
Consistent with the direction provided on September 16, 2020, the updated Recognition Policy
provides guidelines and procedures for the following types of Council recognition:
Certificate of Appreciation
Certificate of Achievement
Outstanding Citizen Award Program
Certificate of Adjournment in Memory of
City Proclamations
Due to COVID-19 public recognitions had been placed on hold. With Riverside County lifting
restrictions and the possibility of allowing the public to attend meetings soon, staff is requesting
approval of the proposed Policy. This will ensure guidelines and procedures are followed for all
upcoming recognitions.
STRATEGIC PLAN OBJECTIVE
Item Title:12.1 City Council Recognition Policy
Item Page Number:1
Menifee Mayor and City Council April 21,2021
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City of Menifee Staff Report
Recognition Policy
April 21, 2021
Page 2 of 2
4
3
6
Responsive and Transparent Community Government
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. There may be nominal fees
for recognition awards.
ATTACHMENTS
1. Recognition Policy
Item Title:12.1 City Council Recognition Policy
Item Page Number:2
Menifee Mayor and City Council April 21,2021
Page 363 of 367
Page 1 of 4
CITY OF MENIFEE
City Council Policy
Policy Number:
Approving Authority:
City Council
Subject
City Council Recognition Policy
Effective Date:
Page 1 of 4
1. PURPOSE
The purpose of this policy is to establish guidelines for the issuance of various recognition
including proclamations and certificates.
2. SCOPE / BACKGROUND
Recognizing members of the public and organizations for significant acts, achievements
or lifetime milestones is consistent with the City of Menifee quality of life goals. The City
Council is committed to the success of the City and extending appropriate City Council
recognition to residents and organizations who achieve success in any endeavor is an
important element of this commitment to the Council’s core values. The City believes that
appropriate recognition, not only enriches our collective experiences, but also seeks to
enhance the culture, lifestyle, and freedoms that we enjoy in the City of Menifee.
This policy discourages the City from supporting, promoting or otherwise naming
endorsements for any political purposes.
3. POLICY
A.Types of Council Recognition:
The following certificates may include specific categories of recognition such as
Arts and Culture, Citizenship, or Professional Achievement.
I. Certificate of Appreciation. A certificate of appreciation may be presented
to any individual, group of individuals or organization to recognize them for
any act or effort that goes above and beyond the norm and is deserving of
appropriate recognition. At the request of the Mayor or any individual
Councilmember, the City Clerk’s office shall prepare the certificate of
appreciation. The inherent duties of the Mayor and each Councilmember,
as representatives of the community at-large, provide the authority to issue
a certificate of appreciation. Therefore, no formal Council action is
required. Consistent with good protocol and decorum, a Councilmember
may not issue a certificate of appreciation for a resident or organization in
another Councilmember’s district without collaboration and consent of their
colleague. The Mayor shall also adhere to this protocol.
II. Certificate of Achievement. A certificate of achievement may be presented
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Page 2 of 4
to any individual, group of individuals or organization to recognize them for
significant acts of individual or organizational achievement in any endeavor
that is deserving of appropriate recognition. At the request of the Mayor or
any individual Councilmember, the City Clerk’s office shall prepare the
certificate of achievement. The inherent duties of the Mayor and each
Councilmember, as representatives of the community at-large, provide the
authority to issue a certificate of achievement. Therefore, no formal
Council action is required. Consistent with good protocol and decorum, a
Councilmember may not issue a certificate of appreciation for a resident or
organization located in another Councilmember’s district without
collaboration and consent of their colleague. The Mayor shall also adhere
to this protocol.
III. Outstanding Citizen Award Program. The Outstanding Citizen Certificate
is presented to an individual or organization who has made an important,
noticeable contribution to the community by a) volunteering their time
through a specific program or project which demonstrates a positive impact
on the lives of others in the City; b) dedicated to Menifee and concerned
for others; c) works continually towards the betterment of the community;
d) has qualities of honesty and integrity; e) who is well known for their
community service and contributions on behalf of the welfare of others and
to the City at large. These individuals are often called upon for advice and
mentoring and lead the way in making Menifee a great place to live, work,
play, and learn.
a.Schedule. Recipients are selected by the Councilmembers on a
rotating basis and recognized at a City Council meeting as follows:
January – Outstanding Citizen of the Year Award; February – Mayor;
March – District 1; April – District 2; May – District 3; June – District
4; July – Mayor; August – District 1; September – District 2; October
– District 3; November – District 4; December – Mayor. The
placement of the presentation on the agenda will be coordinated by
staff.
a.Criteria. Recipients must live or work in the City of Menifee. The
Nomination Application must be completed and requires: the name,
address, and phone number of the recipient; the occupation of the
recipient; the district in which the recipient resides.
c.Outstanding Citizen of the Year. All recipients of the Outstanding
Citizen Award shall subsequently be nominated for Menifee’s
Outstanding Citizen of the Year. All recipient applications received in
the calendar year will be submitted to the Menifee Citizen Advisory
Committee for the purpose of determining Menifee’s Outstanding
Citizen of the Year. The Outstanding Citizen of the Year will be
presented with an award during a Council meeting each January and
then forwarded to all annual regional recognition awards requesting
a Menifee nominee (example, County Supervisor’s Citizen of the
Year Award).
IV. Certificate of Adjournment in Memory Of. Any City Councilmember may
Item Title:12.1 City Council Recognition Policy
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request the City Council meeting be adjourned in honor and memory of
someone who has made a significant impact to the City of Menifee. A
certificate will be prepared and mailed to the surviving family when
possible.
V. City Proclamations. A proclamation may honor an individual, an
organization reserved for those who have made a special contribution to
the community. It may also include an event that has directly benefited
Menifee or that raises awareness of an activity that considerably impacts
the City.
a.Mayor Signature Only Proclamations. If a certificate of
appreciation or achievement is not appropriate and a more formal
recognition is desired for an individual, organization, or event through
a proclamation, a Mayor Signature Only Proclamation may be used.
Similar to certificates of appreciation or recognition outlined above, at
the request of an individual Councilmember, the Mayor shall sign a
proclamation and no formal Council action is required. The same
protocol for certification of appreciation or recognition shall be equally
adhered to for signature only proclamation. In the absence of the
Mayor, the Mayor Pro Tem shall sign the signature only proclamation.
b.Council Approved Proclamation. If a certificate of appreciation or
recognition is not appropriate and a more formal recognition is
desired for a group of individuals or an organization through a
proclamation, then city staff shall agendize the proclamation placing
the item on the Consent Calendar for Council approval. Unlike the
certificates of appreciation or recognition or Mayor signature only
proclamations outline above, a Council Approved Proclamation must
have the concurrence of one other Councilmember before being
placed on the agenda by city staff. The Council Approved
Proclamation shall be signed by all members of the City Council.
4. PROCEDURE
Requests must be received by the City Clerk at least two weeks prior to the date needed.
Upon receipt of the recognition request, the City Clerk will review to ensure applicability
and consistency with said policy. If consistent, staff will communicate with the City
Manager and the appropriate Councilmember for consideration of the request. All
Outstanding Citizen Awards will follow the procedure as stated under “Types of
Recognition.”
A. The Councilmember requesting recognition may decide whether the recognition will
be placed on the agenda under “Presentations,” if it will be presented at an event or
other type of program, or if it will be mailed to the recipient.
B. Recognition requests must be transmitted to the City Clerk Department at least two
weeks prior to the deadline. The request should include sufficient information to
assist the City Clerk staff and to minimize staff time in preparing the recognition. For
proclamations, requests shall include either a sample proclamation to be used as a
guide, or shall provide history/background, goals, motto, and date/time of event.
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C. Recognition requests made from the public must first be vetted through the
applicable Councilmember, or Mayor if appropriate, to determine the proper
recognition, if any.
D. The City Clerk will finalize the proper recognition document, including the Mayor’s
and/or Councilmembers’ signatures as appropriate and prepare the appropriate
presentation, or mail it as requested.
E. Proclamations and Outstanding Citizen of the Year Certificates to be presented at
City Council meetings shall be placed in a frame. All other recognitions will be
presented in a certificate folder with the City seal.
F. When recognition is presented during a City Council meeting or other formal event,
City Clerk staff shall provide the Mayor, or presenter of the recognition, with a
summary of the recognition.
G.The City Clerk shall maintain copies of all recognition in accordance with the City’s
records retention policy.
5. RESTRICTIONS
This policy prohibits supporting, promoting, or otherwise making endorsements for the
following:
A. For-profit business as an advertisement or commercial promotion
B. Matters of political or religious nature
C. Event or organization with no direct relationship to the City of Menifee
D. Campaigns or events contrary to City policies and mission
6. ROLES AND RESPONSIBILITIES
A. The City Clerk in coordination with the City Manager are responsible for
administering this policy and procedure.
Revision History
Revision No.Date
Approved Approved By:Comments
0 Original Policy
1
_____________________________________ _______________________
Bill Zimmerman, Mayor Date
Item Title:12.1 City Council Recognition Policy
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