Agenda packet — Menifee City Council, March 16, 2022 (part 2 of 5)

384/031858-0003
17413967.4 a02/11/22
(1) Upon determining a violation has occurred, The City Manager or his designee shall issue a notice of violation pursuant to 14 CCR, Div. 7, Ch. 12, Section 18995.4, requiring compliance within 60 days of such notice.
(2) Absent compliance, the following administrative fines shall apply:
(A) for a first violation - $50
(B) for a second violation - $100
(C) for a third or subsequent violation - $250
(D) Violations deemed to be a public nuisance. In addition to any penalties otherwise imposed, any violation of the provisions of this chapter is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances. (E) Attorney fees. In addition to any civil and criminal penalties as provided by the provisions of this chapter or otherwise, the City may recover reasonable attorneys' fees and court costs, and other such expenses of litigation and/or prosecution as it may incur by appropriate lawsuit against the person found to have violated any provisions of this chapter.

Item Title: 10.10
Ordinance Second Reading and Adoption for Solid Waste and Recycling (Unless otherwise directed by a member of the City Council, the vote on this matter will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.) Item Page Number: 31
Menifee Mayor and City Council March 16, 2022

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CITY OF MENIFEE
SUBJECT: Ordinance Second Reading and Adoption for Underground Utilities District 2022-1
MEETING DATE: March 16, 2022
TO: Mayor and City Council
PREPARED BY: Jennifer Hernandez, Management Analyst I
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Adopt an Ordinance establishing and creating Underground Utilities District (UUD) 2022-1.

DISCUSSION
The State of California Public Utilities Commission (CPUC) established policies and procedures for the conversion of overhead power lines and other equipment to underground facilities, commonly known as “undergrounding.” Projects under Rule 20 are funded either through utility rate money, combination utility rate money and local tax proceeds, or private funds specifically defined by Rule 20A, Rule 20B, or Rule 20C provisions respectively.

Rule 20A credits are collected from all electric rate payers through a levy on every utility bill. All projects accomplished through Rule 20A money are paid by all Southern California Edison (SCE) customers and ratepayers, not just those who live in the locations where facilities are undergrounded. SCE allocates Rule 20A credits to cities annually for use in funding undergrounding projects in each city’s jurisdiction. To date, the City of Menifee has a Rule 20A credit balance of $814,345 available for undergrounding projects.

Staff identified a potential project to underground existing overhead electrical lines in the area of Goetz Road and Vista Way. After consultation with SCE, the project was determined to be eligible for undergrounding and meeting the minimum undergrounding length requirement of 600 feet. To initiate the undergrounding project, Rule 20A requires establishment of an Underground Utility District. The district serves as a boundary along public right-of-way where all overhead utilities must be converted to underground facilities by the date in which the Rule 20A project is complete.

Creation of the district will prohibit any future overhead facilities from being installed within the district boundary.

Item Title: 10.11
Ordinance Second Reading and Adoption for Underground Utilities District 2022-1 (Unless otherwise directed by a member of the City Council, the vote on this matter will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.) Item Page Number: 1
Menifee Mayor and City Council March 16, 2022

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City of Menifee Staff Report
Second Reading for UUD Ordinance
March 16, 2022

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3 On January 19, 2022, the City Council adopted Resolution No. 22-1117 declaring its intention to establish UUD 2022-1 and setting the date of a public hearing to determine whether such undergrounding is in the general public interest. The City provided all required noticing for the public hearing.

On February 16, 2022 the City held a public hearing to determine whether the proposed UUD was in the interest of the general public and whether the project met the criteria established under Rule 20A. On the date of the public hearing, an Ordinance to establish and create UUD 2022-1 was introduced.

This is the required second reading and adoption of the Ordinance. The Ordinance will go into effect 30 days from adoption.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Ordinance Creating UUD 2022-1
Item Title: 10.11
Ordinance Second Reading and Adoption for Underground Utilities District 2022-1 (Unless otherwise directed by a member of the City Council, the vote on this matter will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.) Item Page Number: 2
Menifee Mayor and City Council March 16, 2022

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1 ORDINANCE NO. Insert No.

AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITIES DISTRICT 2022-1 OF THE CITY OF MENIFEE ON GOETZ ROAD FROM CASA BONITA AVENUE TO 270 FEET SOUTHEAST OF VISTA WAY INTO THE CITY’S RIGHT-OF-WAY AND ON VISTA WAY FROM GOETZ ROAD TO

CONEJA DRIVE
WHEREAS, the California Public Utilities Commission (“CPUC”) has authorized electric utilities to convert overhead utility lines and facilities pursuant to Electric Rule 20; and WHEREAS, Rule 20A allowsthe City to establish legislation to create certain underground utility districts within which existing overhead electric distribution and communications facilities will be converted to underground.

WHEREAS, pursuant to Rule 20A, a City is authorized to create an underground utility district where the City has determined, after consultation with SCE and after holding a public hearing on the subject, that such undergrounding is in the public interest, and provided that the City adopt an ordinance requiring: (i) that all existing overhead communication and distribution facilities in the proposed district be removed, (ii) that each property served from such electric overhead facilities shall have installed in accordance with SCE’s rules for underground service, all electrical facility changes on the premises necessary to receive service from the underground facilities of SCE as soon as it is available, and (iii) authorizing SCE to discontinue its overhead service; and WHEREAS, on January 19, 2022, the City Council of the City of Menifee adopted Resolution 22- 1117 declaring its intention to form the Underground Utility District No. 2022-1 of the City of Menifee within the area described in Exhibit A; and
WHEREAS, on February 16, 2022, after providing all notice required under the Rule 20A, the City Council held a public hearing on the matter.

NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:

Section 1.The above recitals are true and correct and are incorporate herein Section 2.The public necessity, health and safety, require the removal of poles and overhead lines and associated overhead structure from the area within Underground Utility District No. 2022-1.

Section 3.After consultation with Southern California Edison, and based on the record before the City, the City finds that the creation of Underground Utility District No. 2022-1 under Rule 20A is in the general public interest, because:
a. The project site of Underground Utility District No. 2022-1 is considered an arterial street or major collector roadway under the City’s General Plan.
b. The project site will be extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic.
c. Undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities.

Section 4. The Underground Utility District No. 2022-1 is hereby established with the boundaries as shown on Exhibit A attached and incorporated by reference.

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Underground Utility District 2022-1

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Section 5. Adoption of this ordinance, and the creation of Underground Utility District No. 2022- 1 requires the removal of poles, overhead wires and associated overhead structures within Underground Utility District No. 2022-1. Upon establishment of the Underground Utility District No. 2022-1 via this ordinance, it is prohibited for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities are required to be removed, except as the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service under this ordinance, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this ordinance. All existing overhead utilities in the project site will be notified of the required undergrounding in a manner determined by the City Engineer. Exceptions include:
a. Any city facilities or equipment installed under the supervision and to the satisfaction of the City Engineer;
b. Poles, or electroliers used exclusively for street lighting; c. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;
d. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;
e. Antennae associated equipment and supporting structures, used by a utility for furnishing communication services;
f. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts;
g. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

Section 6. SCE is directed to use the City of Menifee’s allocated Rule 20A funds/credits to construct the project within the District’s boundaries.

Section 7. The City Council does hereby establish that the date on which affected property owners must be ready to receive underground service, and the removal of all poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric communication or similar or associated service within the Underground Utility District shall be established by a schedule determined at the time a bid is awarded for the project, as required by a phasing plan or by dates as may be set by a subsequent schedule.

Section 8. Notice to Impacted Property Owners. Within 30 days after the effective date of this ordinance, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by this ordinance. The City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant, shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location.

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Underground Utility District 2022-1

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Notification by the City Clerk shall be made by mailing a copy of the ordinance adopted pursuant to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

If underground construction is necessary to provide utility service within a district created by adoption of this ordinance, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations, and tariffs on file with the commission.

Section 9. Authorization to Execute Agreements. Upon establishment of Underground Utility District No. 2022-1, the City Council authorizes the City Manager to complete, execute and transmit on behalf of the City all agreements, acknowledgment, and forms necessary to complete the Underground Utility District No. 2022-1 project, subject to the approval as to form by the City Attorney, and to provide SCE direction to implement the City’s desires for an expedited schedule.

Section 10. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 11.Effective Date. This ordinance shall take effect thirty days from the date of its adoption.

Section 12.Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c).

This Ordinance was introduced and read on the 16 day of February, 2022 and APPROVED AND ADOPTED THIS 16 DAY of March, 2022.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey Melching, City Attorney
Item Title: 10.11
Ordinance Second Reading and Adoption for Underground Utilities District 2022-1 (Unless otherwise directed by a member of the City Council, the vote on this matter will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.) Item Page Number: 5
Menifee Mayor and City Council March 16, 2022

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4 Exhibit A
Item Title: 10.11
Ordinance Second Reading and Adoption for Underground Utilities District 2022-1 (Unless otherwise directed by a member of the City Council, the vote on this matter will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.) Item Page Number: 6
Menifee Mayor and City Council March 16, 2022

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CITY OF MENIFEE
SUBJECT: Ordinance Second Reading and Adoption Approving Change of Zone No. PLN21-0408
MEETING DATE: March 16, 2022
TO: Mayor and City Council
PREPARED BY: Orlando Hernandez, Planning Manager
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Adopt an Ordinance amending Menifee Municipal Code Title 9 – definitions and permitted uses in the Economic Development Corridor McCall and Southern Gateway Subareas and finding that Change of Zone No. PLN21-0408 is exempt from further environmental review pursuant to Sections 15378(a) and 15061 of the California Environmental Quality Act.

DISCUSSION
At the March 2, 2022 City Council meeting, the Council introduced the attached Ordinance for Change of Zone PLN 21-0408. This is the required second reading and adoption.

The Change of Zone involves approving an amendment to Title 9 (Planning & Zoning) of the City of Menifee Municipal Code pertaining to permitted uses in the Economic Development Corridor McCall Boulevard and Southern Gateway subareas, as well as adding or amending definitions.

STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community

FISCAL IMPACT
There is no additional fiscal impact resulting from the adoption of the proposed Ordinance.

ATTACHMENTS

1. Ordinance for Change of Zone PLN21-0408

2. Change of Zone Ordinance Exhibit 1 (Permitted Uses)

3. Change of Zone Ordinance Exhibit 2 (Definitions)
Item Title: 10.12
Ordinance Second Reading and Adoption Approving Change of Zone No. PLN21-0408 (Unless otherwise directed by a member of the City Council, the vote on this matter will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.) Menifee Mayor and City Council March 16, 2022

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5 ORDINANCE NO. 2022 -_____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, FINDING THAT PROPOSED CHANGE OF ZONE (CZ) NO. PLN 21-0408 IS EXEMPT

FROM ENVIRONMENTAL REVIEW AND ADOPTING PROPOSED CHANGE OF ZONE (CZ) NO. PLN 21-0408 TO AMEND THE MENIFEE MUNICIPAL CODE BY REVISING TABLE 9.140.030-1 (ECONOMIC DEVELOPMENT CORRIDORS

ZONES) AND AMENDING THE DEFINITIONS OF MANUFACTURING,

WAREHOUSING, LOGISTICS/DISTRIBUTION, FULFILLMENT CENTERS, AND

RESEARCH AND DEVELOPMENT
WHEREAS, on December 13, 2021, the City of Menifee created an application for Change of Zone (CZ) No. PLAN 21-0408 to change the Permitted Use Table 9.140.030-1 (Economic Development Corridors Zones) to prohibit General Warehousing in the McCall Boulevard and Southern Gateway subdistricts and amend the definitions to the code for the following uses:

Manufacturing, Warehousing, Logistics/Distribution, and Fulfillment Centers; and, WHEREAS, on January 4, 2022, the Riverside County Airport Land Use Commission (ALUC) found Change of Zone (CZ) No. PLAN 21-0408 consistent with the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan; and, WHEREAS, on January 26, 2022, the proposed amendments to the development code were on the Planning Commission agenda. Due to a technical error with the zoom account, members of the public who desired to participate virtually were unable to join the meeting. The Planning Commission elected to continue the item to the following Planning Commission meeting to be held on February 9, 2022, to allow all member of the public the opportunity to participate and provide input on the proposed development code amendment; and, WHEREAS, on February 9, 2022, the Planning Commission held a duly noticed public hearing on the modification, considered all public testimony as well as all materials in the staff report and accompanying documents for Change of Zone (CZ) No. PLAN 21-0408, which hearing was publicly noticed by a publication in the newspaper of general circulation, and an agenda posting; and,
WHEREAS, at the February 9, 2022 Planning Commission public hearing, based upon all materials and testimony considered, the Planning Commission adopted Resolution PC22-557 recommending that the City Council find the Ordinance exempt from environmental review under the California Environmental Quality Act and adopt the Ordinance; and WHEREAS, on March 2, 2022, 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, on March 16, 2022, the City Council conducted a second reading of the Ordinance; and
WHEREAS, the City Council has considered the requirements of CEQA; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:

Item Title: 10.12
Ordinance Second Reading and Adoption Approving Change of Zone No. PLN21-0408 (Unless otherwise directed by a member of the City Council, the vote on this matter will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.) Menifee Mayor and City Council March 16, 2022

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5 SECTION 1. That the City Council find, for the reasons detailed upon that Notice of Exemption, that the Ordinance is exempt from further environmental review and authorize staff to sign and forward the Notice of Exemption.

SECTION 2. The City Council hereby finds that the Ordinance is consistent with the City’s General Plan, including the following Goals and Policies of the City’s General Plan:

Policy LU-1.4: Preserve, protect, and enhance established rural, estate, and residential neighborhoods by providing sensitive and well-designed transitions (building design, landscape, etc.) between these neighborhoods and adjoining areas.

Policy LU-1.10: Buffer sensitive land uses, such as residences, schools, care facilities, and recreation areas from major air pollutant emission sources, including freeways, manufacturing, hazardous materials storage, and similar uses.

SECTION 3. The City Council of the City of Menifee finds that the Ordinance is consistent with the requirements of the City of Menifee Municipal Code regarding the process of amending the Municipal Code.

SECTION 4. The City Council of the City of Menifee hereby amends Chapter 9.140 “Economic Development Corridors” as shown on Exhibit 1 and amends Chapter 9.300 “Universal Definitions” as shown on Exhibit 2.

SECTION 5. Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published within fifteen (15) days after passage in accordance with law, and shall cause this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the City of Menifee.

SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and operation thirty (30) days after its adoption.

SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

This Ordinance was introduced for first reading on March 2, 2022 and PASSED, APPROVED AND ADOPTED this 16th day of March, 2022.
______________________________
Bill Zimmerman, Mayor
Attest: Approved as to form:
_____________________________ ______________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.12
Ordinance Second Reading and Adoption Approving Change of Zone No. PLN21-0408 (Unless otherwise directed by a member of the City Council, the vote on this matter will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.) Menifee Mayor and City Council March 16, 2022

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Exhibit 1
Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements
Allowed Use EDC-
NG
EDC-
MB
EDC-
CC
EDC-
NR
EDC-
SG
Additional
Requirements
Laboratories, research and
development P P P P P
Research and development
(except noxious, explosives,
or dangerous materials)

P -- P -- P
General warehousing,
distribution centers, and
storage (except noxious,
explosives, or dangerous
materials)

P C -- -- P
Warehouse
(except noxious, explosives, or
dangerous materials)
Fulfillment Center P -- -- -- --
Warehousing, logistics and
distribution facility

P -- -- -- --
Item Title: 10.12
Ordinance Second Reading and Adoption Approving Change of Zone No. PLN21-0408 (Unless otherwise directed by a member of the City Council, the vote on this matter will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.) Menifee Mayor and City Council March 16, 2022

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Exhibit 2
Definitions
Manufacturing. To assemble, fabricate, compound, process, treat or remanufacture. means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental processing of extracted or raw materials. They are characterized by having grade level bay doors with a ratio of approximately 1:15,000 -20,000 square feet.

Handcraft Manufacturing. On-site production, within an enclosed structure, of goods by hand manufacturing that involves the use of hand-tools and small-scale, light mechanical equipment (e.g., drills and saws; hammers and chisels; paint brushes and sprayers; pottery wheels and kilns; sewing machines; spinning wheels; welding) and that has no negative external impacts on surrounding properties. Handcraft manufacturing also includes the incidental direct sale to consumers of those goods produced on-site. Handcraft manufacturing does not include specialized retail uses (see Retail, Specialized).

Light-Intensity Manufacturing. The manufacturing, assembling, processing, storage or packaging of products, including:

1. The manufacturing of electric and electronic circuits and instruments and devices, such as, but not limited to, radio and television, phonographic equipment, calculators, computers, semi-conductors and transistors, and similar uses.

2. The manufacturing, assembly, processing, storage, or packaging of products from previously prepared materials such as, but not limited to, cloth plastic, paper, leather, and precious or semi-precious metals or stones.

3. The manufacturing of pharmaceutical products.

Light-intensity manufacturing does not include such operations as saw and planing mills, any manufacturing uses involving primary production of wood, metal or chemical products from raw materials and similar uses, uses involving the manufacturing, processing, storage or packaging of petroleum, and heavy agricultural products or other hazardous materials, or vehicle- dismantling yards, scrap and waste yards.

Medium-Intensity Manufacturing. Any manufacturing, storage, and distribution that does not include hazardous wastes or result in large truck usage/parking on the site.

Heavy-Intensity Manufacturing. The manufacturing, assembly, processing, storage, or packaging of products involving chemicals, petroleum, and heavy agricultural products or other hazardous materials.

Research and Development. Facilities for scientific research, and design. Development and testing of computer software, and electronic, magnetic, optical and mechanical components in advance of product Item Title: 10.12
Ordinance Second Reading and Adoption Approving Change of Zone No. PLN21-0408 (Unless otherwise directed by a member of the City Council, the vote on this matter will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.) Menifee Mayor and City Council March 16, 2022

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manufacturing, that are not associated with a manufacturing facility on the same site. Also includes chemical and biotechnology research and development.

Warehouse. A building used primarily for the storage of goods and materials.

Fulfillment Center. Is facility whereby a building is primarily used to receive, process, and fulfill numerous customer orders associated with electronic commerce ("e-commerce" retailers) or similar high capacity and high frequency orders and deliveries. The use includes the indoor storage of goods, products, and similar items and is typically characterized by a high intensity and a high frequency of truck traffic and may include multiple shifts of employees.

Warehousing, logistics and distribution facility means warehouse/distribution facilities used for the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials and excludes bulk storage of materials, which are flammable or explosive or create hazardous or commonly recognized offensive conditions) before their distribution to retail locations or other warehouses. Warehouse/distribution centers are generally having a land coverage ratio of approximately 45 to 60 percent, and a dock-high loading door ratio of approximately 1:5,000—8,000 square feet. They are characterized by dock high loading doors, could be on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment; truck activities frequently outside of the peak hour of the adjacent street system; and freeway access, including:
• Freight yards/forwarding terminals
• Warehousing distribution/high cube distribution centers • Moving agencies
• Parcel delivery terminals
• Railroad freight stations
• Shipping/receiving yards
• Truck terminals
Item Title: 10.12
Ordinance Second Reading and Adoption Approving Change of Zone No. PLN21-0408 (Unless otherwise directed by a member of the City Council, the vote on this matter will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.) Menifee Mayor and City Council March 16, 2022

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CITY OF MENIFEE
SUBJECT: Parks, Open Space, Trails, and Recreation Master Plan Update Agreement
MEETING DATE: March 16, 2022
TO: Mayor and City Council
PREPARED BY: Mariana Mitchell, Community Services Manager REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a professional services agreement with KTUA for the update of the Parks, Open Space, Trails, and Recreation Master Plan in an amount not-to-exceed $159,940.

DISCUSSION
The Menifee City Council has created and approved several guiding documents that assist staff with planning and prioritizing projects and programs. The Community Services Department along with RJM Design Group Inc., developed the Parks, Open Space, Trails, and Recreation Master Plan (POSTRMP) which was presented and approved by the Parks, Recreation and Trails Commission (PRTC) at the December 3, 2015 meeting and subsequently adopted by the City Council at a public hearing at the March 16, 2016 meeting.

Subsequently, the City Council developed its first Strategic Plan in 2017 (Plan) in which a number of tasks and goals were identified using many of the community principles that still resonate today.

Currently, the Plan has developed a clearly defined vision, measurable key objectives and action items, and alignment with adopted plans and policies. The Plan is updated on an annual basis during City Council workshops to continue forward movement on City initiatives.

At the March 15, 2021 Special Meeting, City Council recommended a review and update to the POSTRMP to update the document and recalibrate goals and objectives accordingly as City demographics and needs have changed since the adoption of the original document more than five years ago. In response to this request, during the May 2021 PRTC meeting, a temporary ad- hoc committee was created to assist staff with the requested update and to provide reports and updates back to the entire Commission for recommendations to the City Council. The ad-hoc committee, consisting of Commissioners Giedroyce and Ackerman, requested that City staff Item Title: 10.13
Parks, Open Space, Trails, and Recreation Master Plan Update Agreement Item Page Number: 1
Menifee Mayor and City Council March 16, 2022

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City of Menifee Staff Report
POSTRMP Update Agreement
March 16, 2022

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9 0
9 provide an overview and progress report to PRTC which took place at the September 2021 Commission meeting. At this meeting, staff presented that over the last five years since the adoption of the POSTRMP, 11 new parks were constructed adding 81 acres of parkland and 19 park improvements were completed. The Commission commended the progress made on the initial goals and gave additional direction to staff to seek out the necessary tools to engage Menifee residents in an updated needs assessment and survey, while also taking into consideration industry standards in the park development process.

At the February 2022 PRTC meeting, staff presented the Rediscover Menifee Parks Campaign.

The Commission made a recommendation to the City Council to approve the additional appropriation to increase the total budget of the Parks Master Plan update, which was subsequently approved with the fiscal year 2021/22 mid-year budget adjustments at the March 2, 2022 City Council special meeting.

Community Service staff have been working with the Finance Department to seek professional services for the update through the Request for Proposal (RFP) process, in accordance with City procurement policies. The RFP was posted for approximately 40 days and closed on January 31, 2022, and a total of three proposals were received. Subsequently, a comprehensive evaluation of the proposals received was completed by the evaluation/selection committee comprised of City staff from the Finance, Community Development, and Community Services departments.

Proposals were reviewed and ranked based on qualifications and experience of the firms, proposed team and organization, proposed technical project approach, and cost proposal. The final averaged weighted results of the evaluation completed is outlined in Table 1 below:

Table 1: RFP Scores
Firm Average Score
(100 pts possible)
Proposal Cost
KTUA 95.5 $179,895
RJM Design Group 89.0 $250,215
Integra Landscape 72.5 $449,728
The results of the evaluation have identified KTUA as the most competitive proposal, in both service offering and price, that meets all the specified requirements. KTUA has extensive experience in long range planning such as creating Parks Master Plans for cities of similar size throughout California and has intimate knowledge of the City of Menifee as they produced the City’s Active Transportation Plan recently adopted in October 2020. Additionally, KTUA’s proposal included a partnership with Matrix Consulting who is currently working on the Citywide Fee Study which will be incorporated into the Parks Master Plan.

In negotiating with KTUA, staff was able to reduce the contract amount by approximately $20,000 by utilizing information on fees and revenue already gathered by Matrix Consulting, repurposing the “Rediscover Menifee Parks” campaign materials created by JPW Communications, and internal staff support for the gathering and supplying of data. PRTC reviewed the RFP evaluation and proposal at the March 2022 meeting and recommended that City Council approve a professional services agreement with KTUA in the amount not-to-exceed $159,940 for the update of the Parks Master Plan with a project timeline starting in April 2022 and concluding by early Spring 2023.

Item Title: 10.13
Parks, Open Space, Trails, and Recreation Master Plan Update Agreement Item Page Number: 2
Menifee Mayor and City Council March 16, 2022

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City of Menifee Staff Report
POSTRMP Update Agreement
March 16, 2022

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9 0
9 STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community

FISCAL IMPACT
The total fiscal impact for the professional services agreement with KTUA is fully funded within the 2021/2022 mid-year adjustments from account no. 100-4660-52800 in an amount not-to- exceed $159,940.

ATTACHMENTS

1. Professional Services Agreement - KTUA
Item Title: 10.13
Parks, Open Space, Trails, and Recreation Master Plan Update Agreement Item Page Number: 3
Menifee Mayor and City Council March 16, 2022

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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT

CITY OF MENIFEE PARKS MASTER PLAN UPDATE
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and KTU+A, 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 March 16, 2022 and shall end on June 30, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Item Title: 10.13
Parks, Open Space, Trails, and Recreation Master Plan Update Agreement Item Page Number: 4
Menifee Mayor and City Council March 16, 2022

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1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed ONE HUNDRED FIFTY NINE THOUSAND NINE HUNDRED FORTY DOLLARS AND ZERO CENTS ($159,940.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.

Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

Item Title: 10.13
Parks, Open Space, Trails, and Recreation Master Plan Update Agreement Item Page Number: 5
Menifee Mayor and City Council March 16, 2022

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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not Item Title: 10.13
Parks, Open Space, Trails, and Recreation Master Plan Update Agreement Item Page Number: 6
Menifee Mayor and City Council March 16, 2022

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limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.

Item Title: 10.13
Parks, Open Space, Trails, and Recreation Master Plan Update Agreement Item Page Number: 7
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b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.

Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.

Item Title: 10.13
Parks, Open Space, Trails, and Recreation Master Plan Update Agreement Item Page Number: 8
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d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference: CITY OF MENIFEE PARKS MASTER PLAN UPDATE. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

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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.

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 Item Title: 10.13
Parks, Open Space, Trails, and Recreation Master Plan Update Agreement Item Page Number: 10
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indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

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scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.

Item Title: 10.13
Parks, Open Space, Trails, and Recreation Master Plan Update Agreement Item Page Number: 12
Menifee Mayor and City Council March 16, 2022

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8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.

8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

SECTION 9. KEEPING AND STATUS OF RECORDS.

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or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

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any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Michael Singleton, 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.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Mariana Mitchell, Community Services Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Consultant shall be sent to:

KTU+A
Attn: Michael Singleton, Principal
3916 Normal Street
San Diego, CA 92103
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Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Mariana Mitchell, Community Services Manager
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

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.

Item Title: 10.13
Parks, Open Space, Trails, and Recreation Master Plan Update Agreement Item Page Number: 16
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10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.13
Parks, Open Space, Trails, and Recreation Master Plan Update Agreement Item Page Number: 17
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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:

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Mike Singleton, President

Mark Carpenter, Corporate Officer

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.13
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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include Conducting a Parks Master Plan Update for the City of Menifee in the amount not to exceed ONE HUNDRED FIFTY NINE THOUSAND NINE HUNDRED FORTY DOLLARS AND ZERO CENTS ($159,940.00) as further detailed in the following page(s).

Item Title: 10.13
Parks, Open Space, Trails, and Recreation Master Plan Update Agreement Item Page Number: 19
Menifee Mayor and City Council March 16, 2022

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