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
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, October 5, 2022
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Stephanie Roseen, City Clerk
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Greg Perkins The View
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Recognition of Pinnacle Award Winner, Chef Mario Amaral with Savage Chef
5.2. Domestic Violence Awareness Month Proclamation
5.3. Quality of Life (Measure DD) Committee Member Swearing in – John Standish and June Conant
5.4. Menifee’s Code Enforcement Department Overview
5.5. Fire Department Quarterly Update
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 respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES NONE
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. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions 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.
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 Proclamations
RECOMMENDED ACTION
1. Proclaim October 2022 as National Community Planning Month; and
2. Proclaim October 2022 as Cybersecurity Awareness Month; and
3. Proclaim October 5, 2022 as Manufacturing Day
10.3 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 9/9/2022 and the Payroll Register/Other EFT’s dated 8/30/2022, 9/1/2022, 9/2/2022, and 9/6/2022, and the Void Check Listing PE 8/31/2022 which have a total budgetary impact of $2,653,555.45.
10.4 Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 20222 (Infrastructure), McLaughlin Village RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 20222, McLaughlin Village.
10.5 Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 20223 (Infrastructure), Legado RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 20223, Legado.
10.6 Second Reading and Adoption of Ordinances for the First and Second Amendments to the Commerce Pointe Development Agreement
RECOMMENDED ACTION
1. Adopt an ordinance approving the first amendment to the Commerce Pointe Development Agreement; and
2. Adopt an ordinance approving the second amendment to the Commerce Pointe Development Agreement.
10.7 Second Reading and Adoption of an Ordinance Amending the Development Code Regarding Battery Energy Storage Systems
RECOMMENDED ACTION
1. Adopt an ordinance amending Title 9 of the Menifee Municipal Code and Menifee North Specific Plan zoning pertaining to utilityscale battery energy storage systems, Development Code Amendment No. LR 220130.
10.8 Ford Passenger Van Purchase for Community Services Department RECOMMENDED ACTION
1. Approve the purchase of one 2023 Ford Transit 12 passenger van from National Fleet Auto Group under a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell master vehicle contract no. 0915521NAF; and
2. Authorize the City Manager to issue a change order to an existing Purchase Order (PO) in the amount of $12,666 to cover the full purchase price of the vehicle; and
3. Adopt a budget adjustment resolution authorizing a budget appropriation in the amount of $12,666 to fiscal year 2022/2023 budget from Account No. 5244550 53155.
10.9 Fiscal Year 2022/2023 Police Department Fleet Vehicle Purchases RECOMMENDED ACTION
1. Approve the purchase of ten vehicles from the State of California Contract Vendor Wondries/National Auto Fleet Group and BMW of Riverside in a notto exceed amount of $709,703.10, including tax and delivery, from account numbers 115491153155 and 280422153155; and
2. Allow the purchase to be made under a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell Contract No. 120716NAF; and
3. Authorize the City Manager to execute the required documents and approve any future change orders due to limited availability, or unavailability of vehicles.
10.10 Recycled Water Accelerated Retrofit Program at La Ladera Park Project Bid Rejection
RECOMMENDED ACTION
1. Reject all bids submitted for the Recycled Water Accelerated Retrofit Program at La Ladera Park, Capital Improvement Project No. CIP 2311.
10.11 Agreement with USI Insurance Services, LLC to Provide Employee Benefit Brokerage Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Broker of Record designation and client services agreement with USI Insurance Services, LLC, in a nottoexceed amount of $25,000 per year for an initial two years, for the purpose of providing employee benefit brokerage services; and
2. Authorize the City Manager to execute three additional oneyear renewals in a nottoexceed amount of $25,000 per year.
10.12 Local Road Safety Plan Approval
RECOMMENDED ACTION
1. Adopt a resolution approving the City of Menifee Local Road Safety Plan and pledging to take action to provide motorized, nonmotorized, and pedestrian safety through education, planning, and engineering; and
2. Authorize the City Manager, or his designee, to submit a letter to CalTrans certifying the completion of the Local Road Safety Plan.
11. PUBLIC HEARING ITEMS
11.1 2022 Comprehensive Cost of Services/User Fee Study RECOMMENDED ACTION
1. Adopt a resolution approving the Comprehensive Cost of Services/User Fee Study and Cost of Services (User Fee) update and authorizing an effective date of January 1, 2023; and
2. Authorize the City Manager to implement an annual Consumer Price Index (CPI) adjustment (increase or decrease) not to exceed 4% and effective July 1 each fiscal year, based on December to December of the previous year, with the first adjustment effective July 1, 2024.
12. DISCUSSION ITEMS
12.1 Ordinance Reintroductions for Community Facilities District 20171 (Maintenance Services), Annexation Nos. 10, 13, 14, 15, and 16
RECOMMENDED ACTION
1. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 10; and
2. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 13; and
3. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 14; and
4. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 15; and
5. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 16.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Update on Development East of the City (Sobek, July 7, 2021) Target Date: November 2022
> Neighborhood Street Cleanup Program (Sobek, March 2, 2022) Target Date: TBD
> Code Enforcement Goals and Priorities (Liesemeyer, April 6, 2022) Target Date: TBD
> Review Graffiti Ordinance (Sobek, April 20, 2022)
Target Date: TBD
> Discussion on Creation of Historical Districts and Preservation of Rural Areas (Sobek, May 4, 2022) Target Date: TBD
> South Korea “Ambassador of Peace” Medal Program (Sobek, May 4, 2022) Target Date: TBD
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> City of Menifee App Presentation (Karwin, June 15, 2022) Target Date: TBD
> City Fine Structure for Illegal Fireworks (Sobek, July 20, 2022) Target Date: TBD
> Discussion on Pedestrian/Bike Path Connectivity in Rural Areas (Liesemeyer, August 3, 2022) Target Date: TBD
> Discussion on Restructuring Districts and Rotating Mayor (Karwin, Sept. 21, 2022) Target Date: TBD
> Discussion on Menifee Sister City (Sobek, Sept. 21, 2022) Target Date: TBD
> 2026 July 4th Semisesquicentennial Independence Celebration Event (Sobek, Sept. 21, 2022) Target Date: TBD
> Update on the Salt Creek Bike Trail (Sobek, Sept. 21, 2022) Target Date: TBD
> Noise Concerns on Newport Cooridor (Sobek, Sept. 21, 2022) Target Date: TBD
> Menifee Holiday Display Update (Sobek, Sept. 21, 2022) Target Date: October 19, 2022
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting Stephanie Roseen, Acting City Clerk, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Stephanie Roseen, Acting City Clerk at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
October 5, 2022
Page
1 of 549
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
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, October 5, 2022
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Stephanie Roseen, City Clerk
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Greg Perkins The View
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Recognition of Pinnacle Award Winner, Chef Mario Amaral with Savage Chef
5.2. Domestic Violence Awareness Month Proclamation
5.3. Quality of Life (Measure DD) Committee Member Swearing in – John Standish and June Conant
5.4. Menifee’s Code Enforcement Department Overview
5.5. Fire Department Quarterly Update
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 respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES NONE
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. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions 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.
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 Proclamations
RECOMMENDED ACTION
1. Proclaim October 2022 as National Community Planning Month; and
2. Proclaim October 2022 as Cybersecurity Awareness Month; and
3. Proclaim October 5, 2022 as Manufacturing Day
10.3 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 9/9/2022 and the Payroll Register/Other EFT’s dated 8/30/2022, 9/1/2022, 9/2/2022, and 9/6/2022, and the Void Check Listing PE 8/31/2022 which have a total budgetary impact of $2,653,555.45.
10.4 Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 20222 (Infrastructure), McLaughlin Village RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 20222, McLaughlin Village.
10.5 Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 20223 (Infrastructure), Legado RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 20223, Legado.
10.6 Second Reading and Adoption of Ordinances for the First and Second Amendments to the Commerce Pointe Development Agreement
RECOMMENDED ACTION
1. Adopt an ordinance approving the first amendment to the Commerce Pointe Development Agreement; and
2. Adopt an ordinance approving the second amendment to the Commerce Pointe Development Agreement.
10.7 Second Reading and Adoption of an Ordinance Amending the Development Code Regarding Battery Energy Storage Systems
RECOMMENDED ACTION
1. Adopt an ordinance amending Title 9 of the Menifee Municipal Code and Menifee North Specific Plan zoning pertaining to utilityscale battery energy storage systems, Development Code Amendment No. LR 220130.
10.8 Ford Passenger Van Purchase for Community Services Department RECOMMENDED ACTION
1. Approve the purchase of one 2023 Ford Transit 12 passenger van from National Fleet Auto Group under a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell master vehicle contract no. 0915521NAF; and
2. Authorize the City Manager to issue a change order to an existing Purchase Order (PO) in the amount of $12,666 to cover the full purchase price of the vehicle; and
3. Adopt a budget adjustment resolution authorizing a budget appropriation in the amount of $12,666 to fiscal year 2022/2023 budget from Account No. 5244550 53155.
10.9 Fiscal Year 2022/2023 Police Department Fleet Vehicle Purchases RECOMMENDED ACTION
1. Approve the purchase of ten vehicles from the State of California Contract Vendor Wondries/National Auto Fleet Group and BMW of Riverside in a notto exceed amount of $709,703.10, including tax and delivery, from account numbers 115491153155 and 280422153155; and
2. Allow the purchase to be made under a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell Contract No. 120716NAF; and
3. Authorize the City Manager to execute the required documents and approve any future change orders due to limited availability, or unavailability of vehicles.
10.10 Recycled Water Accelerated Retrofit Program at La Ladera Park Project Bid Rejection
RECOMMENDED ACTION
1. Reject all bids submitted for the Recycled Water Accelerated Retrofit Program at La Ladera Park, Capital Improvement Project No. CIP 2311.
10.11 Agreement with USI Insurance Services, LLC to Provide Employee Benefit Brokerage Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Broker of Record designation and client services agreement with USI Insurance Services, LLC, in a nottoexceed amount of $25,000 per year for an initial two years, for the purpose of providing employee benefit brokerage services; and
2. Authorize the City Manager to execute three additional oneyear renewals in a nottoexceed amount of $25,000 per year.
10.12 Local Road Safety Plan Approval
RECOMMENDED ACTION
1. Adopt a resolution approving the City of Menifee Local Road Safety Plan and pledging to take action to provide motorized, nonmotorized, and pedestrian safety through education, planning, and engineering; and
2. Authorize the City Manager, or his designee, to submit a letter to CalTrans certifying the completion of the Local Road Safety Plan.
11. PUBLIC HEARING ITEMS
11.1 2022 Comprehensive Cost of Services/User Fee Study RECOMMENDED ACTION
1. Adopt a resolution approving the Comprehensive Cost of Services/User Fee Study and Cost of Services (User Fee) update and authorizing an effective date of January 1, 2023; and
2. Authorize the City Manager to implement an annual Consumer Price Index (CPI) adjustment (increase or decrease) not to exceed 4% and effective July 1 each fiscal year, based on December to December of the previous year, with the first adjustment effective July 1, 2024.
12. DISCUSSION ITEMS
12.1 Ordinance Reintroductions for Community Facilities District 20171 (Maintenance Services), Annexation Nos. 10, 13, 14, 15, and 16
RECOMMENDED ACTION
1. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 10; and
2. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 13; and
3. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 14; and
4. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 15; and
5. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 16.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Update on Development East of the City (Sobek, July 7, 2021) Target Date: November 2022
> Neighborhood Street Cleanup Program (Sobek, March 2, 2022) Target Date: TBD
> Code Enforcement Goals and Priorities (Liesemeyer, April 6, 2022) Target Date: TBD
> Review Graffiti Ordinance (Sobek, April 20, 2022)
Target Date: TBD
> Discussion on Creation of Historical Districts and Preservation of Rural Areas (Sobek, May 4, 2022) Target Date: TBD
> South Korea “Ambassador of Peace” Medal Program (Sobek, May 4, 2022) Target Date: TBD
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> City of Menifee App Presentation (Karwin, June 15, 2022) Target Date: TBD
> City Fine Structure for Illegal Fireworks (Sobek, July 20, 2022) Target Date: TBD
> Discussion on Pedestrian/Bike Path Connectivity in Rural Areas (Liesemeyer, August 3, 2022) Target Date: TBD
> Discussion on Restructuring Districts and Rotating Mayor (Karwin, Sept. 21, 2022) Target Date: TBD
> Discussion on Menifee Sister City (Sobek, Sept. 21, 2022) Target Date: TBD
> 2026 July 4th Semisesquicentennial Independence Celebration Event (Sobek, Sept. 21, 2022) Target Date: TBD
> Update on the Salt Creek Bike Trail (Sobek, Sept. 21, 2022) Target Date: TBD
> Noise Concerns on Newport Cooridor (Sobek, Sept. 21, 2022) Target Date: TBD
> Menifee Holiday Display Update (Sobek, Sept. 21, 2022) Target Date: October 19, 2022
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting Stephanie Roseen, Acting City Clerk, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Stephanie Roseen, Acting City Clerk at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
October 5, 2022
Page
2 of 549
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
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, October 5, 2022
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Stephanie Roseen, City Clerk
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Greg Perkins The View
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Recognition of Pinnacle Award Winner, Chef Mario Amaral with Savage Chef
5.2. Domestic Violence Awareness Month Proclamation
5.3. Quality of Life (Measure DD) Committee Member Swearing in – John Standish and June Conant
5.4. Menifee’s Code Enforcement Department Overview
5.5. Fire Department Quarterly Update
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 respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES NONE
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. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions 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.
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 Proclamations
RECOMMENDED ACTION
1. Proclaim October 2022 as National Community Planning Month; and
2. Proclaim October 2022 as Cybersecurity Awareness Month; and
3. Proclaim October 5, 2022 as Manufacturing Day
10.3 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 9/9/2022 and the Payroll Register/Other EFT’s dated 8/30/2022, 9/1/2022, 9/2/2022, and 9/6/2022, and the Void Check Listing PE 8/31/2022 which have a total budgetary impact of $2,653,555.45.
10.4 Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 20222 (Infrastructure), McLaughlin Village RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 20222, McLaughlin Village.
10.5 Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 20223 (Infrastructure), Legado RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 20223, Legado.
10.6 Second Reading and Adoption of Ordinances for the First and Second Amendments to the Commerce Pointe Development Agreement
RECOMMENDED ACTION
1. Adopt an ordinance approving the first amendment to the Commerce Pointe Development Agreement; and
2. Adopt an ordinance approving the second amendment to the Commerce Pointe Development Agreement.
10.7 Second Reading and Adoption of an Ordinance Amending the Development Code Regarding Battery Energy Storage Systems
RECOMMENDED ACTION
1. Adopt an ordinance amending Title 9 of the Menifee Municipal Code and Menifee North Specific Plan zoning pertaining to utilityscale battery energy storage systems, Development Code Amendment No. LR 220130.
10.8 Ford Passenger Van Purchase for Community Services Department RECOMMENDED ACTION
1. Approve the purchase of one 2023 Ford Transit 12 passenger van from National Fleet Auto Group under a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell master vehicle contract no. 0915521NAF; and
2. Authorize the City Manager to issue a change order to an existing Purchase Order (PO) in the amount of $12,666 to cover the full purchase price of the vehicle; and
3. Adopt a budget adjustment resolution authorizing a budget appropriation in the amount of $12,666 to fiscal year 2022/2023 budget from Account No. 5244550 53155.
10.9 Fiscal Year 2022/2023 Police Department Fleet Vehicle Purchases RECOMMENDED ACTION
1. Approve the purchase of ten vehicles from the State of California Contract Vendor Wondries/National Auto Fleet Group and BMW of Riverside in a notto exceed amount of $709,703.10, including tax and delivery, from account numbers 115491153155 and 280422153155; and
2. Allow the purchase to be made under a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell Contract No. 120716NAF; and
3. Authorize the City Manager to execute the required documents and approve any future change orders due to limited availability, or unavailability of vehicles.
10.10 Recycled Water Accelerated Retrofit Program at La Ladera Park Project Bid Rejection
RECOMMENDED ACTION
1. Reject all bids submitted for the Recycled Water Accelerated Retrofit Program at La Ladera Park, Capital Improvement Project No. CIP 2311.
10.11 Agreement with USI Insurance Services, LLC to Provide Employee Benefit Brokerage Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Broker of Record designation and client services agreement with USI Insurance Services, LLC, in a nottoexceed amount of $25,000 per year for an initial two years, for the purpose of providing employee benefit brokerage services; and
2. Authorize the City Manager to execute three additional oneyear renewals in a nottoexceed amount of $25,000 per year.
10.12 Local Road Safety Plan Approval
RECOMMENDED ACTION
1. Adopt a resolution approving the City of Menifee Local Road Safety Plan and pledging to take action to provide motorized, nonmotorized, and pedestrian safety through education, planning, and engineering; and
2. Authorize the City Manager, or his designee, to submit a letter to CalTrans certifying the completion of the Local Road Safety Plan.
11. PUBLIC HEARING ITEMS
11.1 2022 Comprehensive Cost of Services/User Fee Study RECOMMENDED ACTION
1. Adopt a resolution approving the Comprehensive Cost of Services/User Fee Study and Cost of Services (User Fee) update and authorizing an effective date of January 1, 2023; and
2. Authorize the City Manager to implement an annual Consumer Price Index (CPI) adjustment (increase or decrease) not to exceed 4% and effective July 1 each fiscal year, based on December to December of the previous year, with the first adjustment effective July 1, 2024.
12. DISCUSSION ITEMS
12.1 Ordinance Reintroductions for Community Facilities District 20171 (Maintenance Services), Annexation Nos. 10, 13, 14, 15, and 16
RECOMMENDED ACTION
1. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 10; and
2. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 13; and
3. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 14; and
4. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 15; and
5. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 16.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Update on Development East of the City (Sobek, July 7, 2021) Target Date: November 2022
> Neighborhood Street Cleanup Program (Sobek, March 2, 2022) Target Date: TBD
> Code Enforcement Goals and Priorities (Liesemeyer, April 6, 2022) Target Date: TBD
> Review Graffiti Ordinance (Sobek, April 20, 2022)
Target Date: TBD
> Discussion on Creation of Historical Districts and Preservation of Rural Areas (Sobek, May 4, 2022) Target Date: TBD
> South Korea “Ambassador of Peace” Medal Program (Sobek, May 4, 2022) Target Date: TBD
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> City of Menifee App Presentation (Karwin, June 15, 2022) Target Date: TBD
> City Fine Structure for Illegal Fireworks (Sobek, July 20, 2022) Target Date: TBD
> Discussion on Pedestrian/Bike Path Connectivity in Rural Areas (Liesemeyer, August 3, 2022) Target Date: TBD
> Discussion on Restructuring Districts and Rotating Mayor (Karwin, Sept. 21, 2022) Target Date: TBD
> Discussion on Menifee Sister City (Sobek, Sept. 21, 2022) Target Date: TBD
> 2026 July 4th Semisesquicentennial Independence Celebration Event (Sobek, Sept. 21, 2022) Target Date: TBD
> Update on the Salt Creek Bike Trail (Sobek, Sept. 21, 2022) Target Date: TBD
> Noise Concerns on Newport Cooridor (Sobek, Sept. 21, 2022) Target Date: TBD
> Menifee Holiday Display Update (Sobek, Sept. 21, 2022) Target Date: October 19, 2022
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting Stephanie Roseen, Acting City Clerk, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Stephanie Roseen, Acting City Clerk at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
October 5, 2022
Page
3 of 549
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
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, October 5, 2022
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Stephanie Roseen, City Clerk
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Greg Perkins The View
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Recognition of Pinnacle Award Winner, Chef Mario Amaral with Savage Chef
5.2. Domestic Violence Awareness Month Proclamation
5.3. Quality of Life (Measure DD) Committee Member Swearing in – John Standish and June Conant
5.4. Menifee’s Code Enforcement Department Overview
5.5. Fire Department Quarterly Update
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 respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES NONE
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. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions 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.
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 Proclamations
RECOMMENDED ACTION
1. Proclaim October 2022 as National Community Planning Month; and
2. Proclaim October 2022 as Cybersecurity Awareness Month; and
3. Proclaim October 5, 2022 as Manufacturing Day
10.3 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 9/9/2022 and the Payroll Register/Other EFT’s dated 8/30/2022, 9/1/2022, 9/2/2022, and 9/6/2022, and the Void Check Listing PE 8/31/2022 which have a total budgetary impact of $2,653,555.45.
10.4 Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 20222 (Infrastructure), McLaughlin Village RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 20222, McLaughlin Village.
10.5 Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 20223 (Infrastructure), Legado RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 20223, Legado.
10.6 Second Reading and Adoption of Ordinances for the First and Second Amendments to the Commerce Pointe Development Agreement
RECOMMENDED ACTION
1. Adopt an ordinance approving the first amendment to the Commerce Pointe Development Agreement; and
2. Adopt an ordinance approving the second amendment to the Commerce Pointe Development Agreement.
10.7 Second Reading and Adoption of an Ordinance Amending the Development Code Regarding Battery Energy Storage Systems
RECOMMENDED ACTION
1. Adopt an ordinance amending Title 9 of the Menifee Municipal Code and Menifee North Specific Plan zoning pertaining to utilityscale battery energy storage systems, Development Code Amendment No. LR 220130.
10.8 Ford Passenger Van Purchase for Community Services Department RECOMMENDED ACTION
1. Approve the purchase of one 2023 Ford Transit 12 passenger van from National Fleet Auto Group under a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell master vehicle contract no. 0915521NAF; and
2. Authorize the City Manager to issue a change order to an existing Purchase Order (PO) in the amount of $12,666 to cover the full purchase price of the vehicle; and
3. Adopt a budget adjustment resolution authorizing a budget appropriation in the amount of $12,666 to fiscal year 2022/2023 budget from Account No. 5244550 53155.
10.9 Fiscal Year 2022/2023 Police Department Fleet Vehicle Purchases RECOMMENDED ACTION
1. Approve the purchase of ten vehicles from the State of California Contract Vendor Wondries/National Auto Fleet Group and BMW of Riverside in a notto exceed amount of $709,703.10, including tax and delivery, from account numbers 115491153155 and 280422153155; and
2. Allow the purchase to be made under a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell Contract No. 120716NAF; and
3. Authorize the City Manager to execute the required documents and approve any future change orders due to limited availability, or unavailability of vehicles.
10.10 Recycled Water Accelerated Retrofit Program at La Ladera Park Project Bid Rejection
RECOMMENDED ACTION
1. Reject all bids submitted for the Recycled Water Accelerated Retrofit Program at La Ladera Park, Capital Improvement Project No. CIP 2311.
10.11 Agreement with USI Insurance Services, LLC to Provide Employee Benefit Brokerage Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Broker of Record designation and client services agreement with USI Insurance Services, LLC, in a nottoexceed amount of $25,000 per year for an initial two years, for the purpose of providing employee benefit brokerage services; and
2. Authorize the City Manager to execute three additional oneyear renewals in a nottoexceed amount of $25,000 per year.
10.12 Local Road Safety Plan Approval
RECOMMENDED ACTION
1. Adopt a resolution approving the City of Menifee Local Road Safety Plan and pledging to take action to provide motorized, nonmotorized, and pedestrian safety through education, planning, and engineering; and
2. Authorize the City Manager, or his designee, to submit a letter to CalTrans certifying the completion of the Local Road Safety Plan.
11. PUBLIC HEARING ITEMS
11.1 2022 Comprehensive Cost of Services/User Fee Study RECOMMENDED ACTION
1. Adopt a resolution approving the Comprehensive Cost of Services/User Fee Study and Cost of Services (User Fee) update and authorizing an effective date of January 1, 2023; and
2. Authorize the City Manager to implement an annual Consumer Price Index (CPI) adjustment (increase or decrease) not to exceed 4% and effective July 1 each fiscal year, based on December to December of the previous year, with the first adjustment effective July 1, 2024.
12. DISCUSSION ITEMS
12.1 Ordinance Reintroductions for Community Facilities District 20171 (Maintenance Services), Annexation Nos. 10, 13, 14, 15, and 16
RECOMMENDED ACTION
1. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 10; and
2. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 13; and
3. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 14; and
4. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 15; and
5. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 16.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Update on Development East of the City (Sobek, July 7, 2021) Target Date: November 2022
> Neighborhood Street Cleanup Program (Sobek, March 2, 2022) Target Date: TBD
> Code Enforcement Goals and Priorities (Liesemeyer, April 6, 2022) Target Date: TBD
> Review Graffiti Ordinance (Sobek, April 20, 2022)
Target Date: TBD
> Discussion on Creation of Historical Districts and Preservation of Rural Areas (Sobek, May 4, 2022) Target Date: TBD
> South Korea “Ambassador of Peace” Medal Program (Sobek, May 4, 2022) Target Date: TBD
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> City of Menifee App Presentation (Karwin, June 15, 2022) Target Date: TBD
> City Fine Structure for Illegal Fireworks (Sobek, July 20, 2022) Target Date: TBD
> Discussion on Pedestrian/Bike Path Connectivity in Rural Areas (Liesemeyer, August 3, 2022) Target Date: TBD
> Discussion on Restructuring Districts and Rotating Mayor (Karwin, Sept. 21, 2022) Target Date: TBD
> Discussion on Menifee Sister City (Sobek, Sept. 21, 2022) Target Date: TBD
> 2026 July 4th Semisesquicentennial Independence Celebration Event (Sobek, Sept. 21, 2022) Target Date: TBD
> Update on the Salt Creek Bike Trail (Sobek, Sept. 21, 2022) Target Date: TBD
> Noise Concerns on Newport Cooridor (Sobek, Sept. 21, 2022) Target Date: TBD
> Menifee Holiday Display Update (Sobek, Sept. 21, 2022) Target Date: October 19, 2022
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting Stephanie Roseen, Acting City Clerk, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Stephanie Roseen, Acting City Clerk at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
October 5, 2022
Page
4 of 549
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
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, October 5, 2022
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Stephanie Roseen, City Clerk
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Greg Perkins The View
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Recognition of Pinnacle Award Winner, Chef Mario Amaral with Savage Chef
5.2. Domestic Violence Awareness Month Proclamation
5.3. Quality of Life (Measure DD) Committee Member Swearing in – John Standish and June Conant
5.4. Menifee’s Code Enforcement Department Overview
5.5. Fire Department Quarterly Update
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 respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES NONE
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. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions 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.
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 Proclamations
RECOMMENDED ACTION
1. Proclaim October 2022 as National Community Planning Month; and
2. Proclaim October 2022 as Cybersecurity Awareness Month; and
3. Proclaim October 5, 2022 as Manufacturing Day
10.3 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 9/9/2022 and the Payroll Register/Other EFT’s dated 8/30/2022, 9/1/2022, 9/2/2022, and 9/6/2022, and the Void Check Listing PE 8/31/2022 which have a total budgetary impact of $2,653,555.45.
10.4 Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 20222 (Infrastructure), McLaughlin Village RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 20222, McLaughlin Village.
10.5 Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 20223 (Infrastructure), Legado RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 20223, Legado.
10.6 Second Reading and Adoption of Ordinances for the First and Second Amendments to the Commerce Pointe Development Agreement
RECOMMENDED ACTION
1. Adopt an ordinance approving the first amendment to the Commerce Pointe Development Agreement; and
2. Adopt an ordinance approving the second amendment to the Commerce Pointe Development Agreement.
10.7 Second Reading and Adoption of an Ordinance Amending the Development Code Regarding Battery Energy Storage Systems
RECOMMENDED ACTION
1. Adopt an ordinance amending Title 9 of the Menifee Municipal Code and Menifee North Specific Plan zoning pertaining to utilityscale battery energy storage systems, Development Code Amendment No. LR 220130.
10.8 Ford Passenger Van Purchase for Community Services Department RECOMMENDED ACTION
1. Approve the purchase of one 2023 Ford Transit 12 passenger van from National Fleet Auto Group under a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell master vehicle contract no. 0915521NAF; and
2. Authorize the City Manager to issue a change order to an existing Purchase Order (PO) in the amount of $12,666 to cover the full purchase price of the vehicle; and
3. Adopt a budget adjustment resolution authorizing a budget appropriation in the amount of $12,666 to fiscal year 2022/2023 budget from Account No. 5244550 53155.
10.9 Fiscal Year 2022/2023 Police Department Fleet Vehicle Purchases RECOMMENDED ACTION
1. Approve the purchase of ten vehicles from the State of California Contract Vendor Wondries/National Auto Fleet Group and BMW of Riverside in a notto exceed amount of $709,703.10, including tax and delivery, from account numbers 115491153155 and 280422153155; and
2. Allow the purchase to be made under a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell Contract No. 120716NAF; and
3. Authorize the City Manager to execute the required documents and approve any future change orders due to limited availability, or unavailability of vehicles.
10.10 Recycled Water Accelerated Retrofit Program at La Ladera Park Project Bid Rejection
RECOMMENDED ACTION
1. Reject all bids submitted for the Recycled Water Accelerated Retrofit Program at La Ladera Park, Capital Improvement Project No. CIP 2311.
10.11 Agreement with USI Insurance Services, LLC to Provide Employee Benefit Brokerage Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Broker of Record designation and client services agreement with USI Insurance Services, LLC, in a nottoexceed amount of $25,000 per year for an initial two years, for the purpose of providing employee benefit brokerage services; and
2. Authorize the City Manager to execute three additional oneyear renewals in a nottoexceed amount of $25,000 per year.
10.12 Local Road Safety Plan Approval
RECOMMENDED ACTION
1. Adopt a resolution approving the City of Menifee Local Road Safety Plan and pledging to take action to provide motorized, nonmotorized, and pedestrian safety through education, planning, and engineering; and
2. Authorize the City Manager, or his designee, to submit a letter to CalTrans certifying the completion of the Local Road Safety Plan.
11. PUBLIC HEARING ITEMS
11.1 2022 Comprehensive Cost of Services/User Fee Study RECOMMENDED ACTION
1. Adopt a resolution approving the Comprehensive Cost of Services/User Fee Study and Cost of Services (User Fee) update and authorizing an effective date of January 1, 2023; and
2. Authorize the City Manager to implement an annual Consumer Price Index (CPI) adjustment (increase or decrease) not to exceed 4% and effective July 1 each fiscal year, based on December to December of the previous year, with the first adjustment effective July 1, 2024.
12. DISCUSSION ITEMS
12.1 Ordinance Reintroductions for Community Facilities District 20171 (Maintenance Services), Annexation Nos. 10, 13, 14, 15, and 16
RECOMMENDED ACTION
1. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 10; and
2. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 13; and
3. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 14; and
4. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 15; and
5. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 16.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Update on Development East of the City (Sobek, July 7, 2021) Target Date: November 2022
> Neighborhood Street Cleanup Program (Sobek, March 2, 2022) Target Date: TBD
> Code Enforcement Goals and Priorities (Liesemeyer, April 6, 2022) Target Date: TBD
> Review Graffiti Ordinance (Sobek, April 20, 2022)
Target Date: TBD
> Discussion on Creation of Historical Districts and Preservation of Rural Areas (Sobek, May 4, 2022) Target Date: TBD
> South Korea “Ambassador of Peace” Medal Program (Sobek, May 4, 2022) Target Date: TBD
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> City of Menifee App Presentation (Karwin, June 15, 2022) Target Date: TBD
> City Fine Structure for Illegal Fireworks (Sobek, July 20, 2022) Target Date: TBD
> Discussion on Pedestrian/Bike Path Connectivity in Rural Areas (Liesemeyer, August 3, 2022) Target Date: TBD
> Discussion on Restructuring Districts and Rotating Mayor (Karwin, Sept. 21, 2022) Target Date: TBD
> Discussion on Menifee Sister City (Sobek, Sept. 21, 2022) Target Date: TBD
> 2026 July 4th Semisesquicentennial Independence Celebration Event (Sobek, Sept. 21, 2022) Target Date: TBD
> Update on the Salt Creek Bike Trail (Sobek, Sept. 21, 2022) Target Date: TBD
> Noise Concerns on Newport Cooridor (Sobek, Sept. 21, 2022) Target Date: TBD
> Menifee Holiday Display Update (Sobek, Sept. 21, 2022) Target Date: October 19, 2022
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting Stephanie Roseen, Acting City Clerk, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Stephanie Roseen, Acting City Clerk at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
October 5, 2022
Page
5 of 549
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
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, October 5, 2022
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Stephanie Roseen, City Clerk
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Greg Perkins The View
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Recognition of Pinnacle Award Winner, Chef Mario Amaral with Savage Chef
5.2. Domestic Violence Awareness Month Proclamation
5.3. Quality of Life (Measure DD) Committee Member Swearing in – John Standish and June Conant
5.4. Menifee’s Code Enforcement Department Overview
5.5. Fire Department Quarterly Update
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 respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES NONE
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. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions 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.
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 Proclamations
RECOMMENDED ACTION
1. Proclaim October 2022 as National Community Planning Month; and
2. Proclaim October 2022 as Cybersecurity Awareness Month; and
3. Proclaim October 5, 2022 as Manufacturing Day
10.3 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 9/9/2022 and the Payroll Register/Other EFT’s dated 8/30/2022, 9/1/2022, 9/2/2022, and 9/6/2022, and the Void Check Listing PE 8/31/2022 which have a total budgetary impact of $2,653,555.45.
10.4 Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 20222 (Infrastructure), McLaughlin Village RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 20222, McLaughlin Village.
10.5 Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 20223 (Infrastructure), Legado RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 20223, Legado.
10.6 Second Reading and Adoption of Ordinances for the First and Second Amendments to the Commerce Pointe Development Agreement
RECOMMENDED ACTION
1. Adopt an ordinance approving the first amendment to the Commerce Pointe Development Agreement; and
2. Adopt an ordinance approving the second amendment to the Commerce Pointe Development Agreement.
10.7 Second Reading and Adoption of an Ordinance Amending the Development Code Regarding Battery Energy Storage Systems
RECOMMENDED ACTION
1. Adopt an ordinance amending Title 9 of the Menifee Municipal Code and Menifee North Specific Plan zoning pertaining to utilityscale battery energy storage systems, Development Code Amendment No. LR 220130.
10.8 Ford Passenger Van Purchase for Community Services Department RECOMMENDED ACTION
1. Approve the purchase of one 2023 Ford Transit 12 passenger van from National Fleet Auto Group under a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell master vehicle contract no. 0915521NAF; and
2. Authorize the City Manager to issue a change order to an existing Purchase Order (PO) in the amount of $12,666 to cover the full purchase price of the vehicle; and
3. Adopt a budget adjustment resolution authorizing a budget appropriation in the amount of $12,666 to fiscal year 2022/2023 budget from Account No. 5244550 53155.
10.9 Fiscal Year 2022/2023 Police Department Fleet Vehicle Purchases RECOMMENDED ACTION
1. Approve the purchase of ten vehicles from the State of California Contract Vendor Wondries/National Auto Fleet Group and BMW of Riverside in a notto exceed amount of $709,703.10, including tax and delivery, from account numbers 115491153155 and 280422153155; and
2. Allow the purchase to be made under a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell Contract No. 120716NAF; and
3. Authorize the City Manager to execute the required documents and approve any future change orders due to limited availability, or unavailability of vehicles.
10.10 Recycled Water Accelerated Retrofit Program at La Ladera Park Project Bid Rejection
RECOMMENDED ACTION
1. Reject all bids submitted for the Recycled Water Accelerated Retrofit Program at La Ladera Park, Capital Improvement Project No. CIP 2311.
10.11 Agreement with USI Insurance Services, LLC to Provide Employee Benefit Brokerage Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Broker of Record designation and client services agreement with USI Insurance Services, LLC, in a nottoexceed amount of $25,000 per year for an initial two years, for the purpose of providing employee benefit brokerage services; and
2. Authorize the City Manager to execute three additional oneyear renewals in a nottoexceed amount of $25,000 per year.
10.12 Local Road Safety Plan Approval
RECOMMENDED ACTION
1. Adopt a resolution approving the City of Menifee Local Road Safety Plan and pledging to take action to provide motorized, nonmotorized, and pedestrian safety through education, planning, and engineering; and
2. Authorize the City Manager, or his designee, to submit a letter to CalTrans certifying the completion of the Local Road Safety Plan.
11. PUBLIC HEARING ITEMS
11.1 2022 Comprehensive Cost of Services/User Fee Study RECOMMENDED ACTION
1. Adopt a resolution approving the Comprehensive Cost of Services/User Fee Study and Cost of Services (User Fee) update and authorizing an effective date of January 1, 2023; and
2. Authorize the City Manager to implement an annual Consumer Price Index (CPI) adjustment (increase or decrease) not to exceed 4% and effective July 1 each fiscal year, based on December to December of the previous year, with the first adjustment effective July 1, 2024.
12. DISCUSSION ITEMS
12.1 Ordinance Reintroductions for Community Facilities District 20171 (Maintenance Services), Annexation Nos. 10, 13, 14, 15, and 16
RECOMMENDED ACTION
1. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 10; and
2. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 13; and
3. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 14; and
4. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 15; and
5. Reintroduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in Community Facilities District 20171, Annexation No. 16.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Update on Development East of the City (Sobek, July 7, 2021) Target Date: November 2022
> Neighborhood Street Cleanup Program (Sobek, March 2, 2022) Target Date: TBD
> Code Enforcement Goals and Priorities (Liesemeyer, April 6, 2022) Target Date: TBD
> Review Graffiti Ordinance (Sobek, April 20, 2022)
Target Date: TBD
> Discussion on Creation of Historical Districts and Preservation of Rural Areas (Sobek, May 4, 2022) Target Date: TBD
> South Korea “Ambassador of Peace” Medal Program (Sobek, May 4, 2022) Target Date: TBD
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> City of Menifee App Presentation (Karwin, June 15, 2022) Target Date: TBD
> City Fine Structure for Illegal Fireworks (Sobek, July 20, 2022) Target Date: TBD
> Discussion on Pedestrian/Bike Path Connectivity in Rural Areas (Liesemeyer, August 3, 2022) Target Date: TBD
> Discussion on Restructuring Districts and Rotating Mayor (Karwin, Sept. 21, 2022) Target Date: TBD
> Discussion on Menifee Sister City (Sobek, Sept. 21, 2022) Target Date: TBD
> 2026 July 4th Semisesquicentennial Independence Celebration Event (Sobek, Sept. 21, 2022) Target Date: TBD
> Update on the Salt Creek Bike Trail (Sobek, Sept. 21, 2022) Target Date: TBD
> Noise Concerns on Newport Cooridor (Sobek, Sept. 21, 2022) Target Date: TBD
> Menifee Holiday Display Update (Sobek, Sept. 21, 2022) Target Date: October 19, 2022
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting Stephanie Roseen, Acting City Clerk, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Stephanie Roseen, Acting City Clerk at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
October 5, 2022
Page
6 of 549
National Community Planning Month Proclamation
October 2022
“Creating Connected Communities”
WHEREAS, change is constant and affects all cities, towns, suburbs, counties, boroughs, townships, rural areas, and other places in the State of California; and WHEREAS, community planning and plans can help manage this change in a way that provides better choices for how people work, reside, recreate and otherwise live; and WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and WHEREAS, the full benefits of planning require public officials and community members who understand, support, and demand excellence in planning and plan implementation; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories; and
WHEREAS, the American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound planning and plan implementation make to the quality of our settlements and environment, and assuring their sustainability; and
WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of the planning commission, elected officials, and the many community members who contribute their time and expertise to the improvement of the City of Menifee and to extend our appreciation for their continued commitment to public service.
NOW, THEREFORE, BE IT RESOLVED, that on this day, October 5, 2022 I, Bill Zimmerman, Mayor of the City of Menifee, on behalf of the Menifee City Council, do hereby proclaim the month of October 2022 as National Community Planning Month. I urge all citizens to join with representatives of the American Planning Association and government agencies in activities, events, and ceremonies designed to pay tribute to our planning professionals, managers, and employees and to recognize the substantial contributions they make to create a healthy, vibrant and connected community for everyone.
Dated this 5th day of October 2022.
__________________________
Bill Zimmerman, Mayor
Item Title: 10.2
Proclamations
Item Page Number: 1
Menifee Mayor and City Council
October 5, 2022
Page
7 of 549
OCTOBER AS CYBERSECURITY AWARENESS MONTH
October 5, 2022 Proclaimed
WHEREAS, the City of Menifee recognizes it has a vital role in identifying, protecting, and responding to cyber threats that may have a significant impact on our residents and collective security and privacy; and WHEREAS, individuals, businesses, nonprofits, government organizations, academic institutions, and the local economy has become increasingly reliant on information systems and technology to conduct business, engage in commerce, access information, communicate, and provide essential services; and
WHEREAS, cyber threats continue to increase and the impact of cyberattacks has been debilitating to individuals and organizations; and
WHEREAS, cybersecurity education and awareness are crucial for any individual or organization, and that cybersecurity is essential to digital inclusion; and
WHEREAS, digital inclusion is vital to employment participation, economic development, educational achievement, social and civic inclusion, health and wellbeing; and
WHEREAS, a whole community effort is necessary to ensure that all residents of Menifee have the skills and opportunity to benefit from digital citizenship; and
WHEREAS, maintaining the security of cyberspace is a shared responsibility in which we all have a critical role to play by making ourselves aware of cyber threats and cybersecurity essentials and adopt industry best practices that will improve the security of the City of Menifee, its residents, local businesses, and economy; and WHEREAS, Cybersecurity Awareness Month was launched by the National Cyber Security Alliance & the U.S. Department of Homeland Security in October 2004 and now recognized by thousands of organizations including the Federal Government, the Multi-State Information Sharing and Analysis Center, and the National Association of State Chief Information Officers; and WHEREAS, the national cybersecurity public awareness campaign – STOP. THINK. CONNECT.™ – is implemented through a coalition of private companies, non-profits, government organizations, and academic institutions, and is dedicated to increasing the public’s understanding of cyber threats and empowering all Americans to better protect themselves from phishing, viruses, malware, financial loss, and loss of sensitive data; and WHEREAS, the City of Menifee has developed an effort to promote good cyber practices though guidance and resources for the people of Menifee. The City of Menifee will promote innovation, strengthen cybersecurity investment, and enhance resilience across all sectors.
NOW, THEREFORE, BE IT RESOLVED, that on this day, October 5, 2022 I, Bill Zimmerman, Mayor of the City of Menifee, on behalf of the Menifee City Council, recognizes October 2022 as “Cybersecurity Awareness Month” in Menifee and official supports the National Cybersecurity Awareness Month and the National Public Awareness Campaign “Stop. Think. Connect. TM” We call upon all employees, residents, and visitors of Menifee to become educated about cybersecurity and put that knowledge into practice to keep our connected community safe from cyber threats.
Dated this 5th day of October 2022.
__________________________
Bill Zimmerman, Mayor
Item Title: 10.2
Proclamations
Item Page Number: 2
Menifee Mayor and City Council
October 5, 2022
Page
8 of 549
Item Title: 10.2
Proclamations
Item Page Number: 3
Menifee Mayor and City Council
October 5, 2022
Page
9 of 549
WHEREAS, The City of Menifee, Mt. San Jacinto College, and CMTC are promoting Manufacturing Day on October 7, 2022; and
WHEREAS, it is a national celebration of modern manufacturing designed to inspire the next generation of manufacturers; and
WHEREAS, the goal is to address misperceptions about the manufacturing industry and allow students to connect with manufacturers and explore the manufacturing industry by attending open houses; and
WHEREAS, with technology advances in manufacturing, career options are now available as never before; and
WHEREAS, Manufacturing Day allows students to explore the benefits and are exposed to the opportunities of careers in manufacturing as it is vital to the growth of the manufacturing industry in Menifee; and
WHEREAS, many resources are available for hosts through www.mfgday.com that offer assistance in how to host an event for Manufacturing Day; and WHEREAS, organizations will be recognized at the national level; and WHEREAS, CMTC is the local Manufacturing Extension Partnership Center that is promoting Manufacturing Day through its partners and affiliations.
NOW, THEREFORE, BE IT RESOLVED, that on this day, October 5, 2022 I, Bill Zimmerman, Mayor of the City of Menifee, on behalf of the Menifee City Council and residents, do hereby recognize October 7, 2022 as Manufacturing Day.
Dated this this 5th day of October, 2022.
__________________________
Item Title: 10.2
Proclamations
Item Page Number: 4
Menifee Mayor and City Council
October 5, 2022
Page
10 of 549
Bill Zimmerman, Mayor
Item Title: 10.2
Proclamations
Item Page Number: 5
Menifee Mayor and City Council
October 5, 2022
Page
11 of 549
CITY OF MENIFEE
SUBJECT: Warrant Register
MEETING DATE: October 5, 2022
TO: Mayor and City Council
PREPARED BY: Ann-Marie Etienne, Financial Services Manager REVIEWED BY: Regina Funderburk, Chief Financial Officer APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 9/9/2022 and the Payroll Register/Other EFT’s dated 8/30/2022, 9/1/2022, 9/2/2022, and 9/6/2022, and the Void Check Listing PE 8/31/2022 which have a total budgetary impact of $2,653,555.45.
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 Finance Manager and by the Chief Financial Officer. Voucher List dated 9/9/2022 and the Payroll Register/Other EFT’s dated 8/30/2022, 9/1/2022, 9/2/2022, and 9/6/2022, and the Void Check Listing PE 8/31/2022 have a total budgetary impact of $2,653,555.45.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
As indicated previously, the payments of demand above have a total budgetary impact of $2,653,555.45, which is included in the fiscal year 2022/2023 budget.
ATTACHMENTS
1. Voucher listing 9-9-2022
2. Payroll Register 10-5-2022
3. AP Void Check Listing Aug 2022
4. Voucher CC Details 9-9-2022
Item Title: 10.3
Warrant Register
Item Page Number: 1
Menifee Mayor and City Council
October 5, 2022
Page
12 of 549
09/08/2022
Voucher List
City of Menifee
1 5:23:28PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 53999 8/29/2022 00474 LOS JILBERTOS MEXICAN FOOD INC CK REQ 7/27/22 REFUND FOR BLDG PERMIT PMT21-04084 4,000.00 Total : 4,000.00
54000 8/31/2022 02386 KARWIN, BOB CK REQ 8/3/22 PER DIEM FOR LOCC 279.38 Total : 279.38
54001 8/31/2022 00474 RICHARD CONTLA CK REQ 7/13/22-1 REFUND GRADING PLAN DEPOSIT GP20-007 7,000.00 Total : 7,000.00
54002 9/2/2022 02430 DOVENMUEHLE MORTGAGE, INC, DBA NATIONS DIRECT MORT.CK REQ 7/21/22 04125 CDBG-CV RENTAL MORTGAGE ASSISTANCE PROGR 6,542.17 Total : 6,542.17
54003 9/2/2022 00054 TYLER TECHNOLOGIES, INC, EDEN SYSTEMS DIVISION045-384031 MY CITY APP SUBSCRIPTION 1,387.50 Total : 1,387.50
54004 9/7/2022 00161 EASTERN MUNICIPAL WATER DIST. CK REQ 8/31/22 04133 PERMIT AND PLAN REVIEW PUMP TRACK STREET 3,000.00 Total : 3,000.00
54005 9/9/2022 01538 A-G SOD FARMS, INC 1397352 AMR SPORTS PARK EMERGENCY SOD REPLACEMEN 221.57 Total : 221.57
54006 9/9/2022 01252 AMAZON CAPITAL SERVICES, INC. 139Y-Q1DN-66P7 ECON DEV SUPPLIES 81.81 333.69CS PARK SUPPLIES13LD-CMK3-PM3F
277.94IT EQUIPMENT MAINT.16HM-WXCT-1NW3
24.78OFFICE SUPPLIES17L4-T9DF-N4MD
19.56CS-LAZY CREEK SUPPLIES19N4-NP34-F9P3
29.82ECON DEV SUPPLIES1CNW-YYGX-4FHP
210.88PD OFFICE SUPPLIES1GLL-1YFV-D4PJ
245.81FACILITY MAINTENANCE SUPPLIES1GLL-1YFV-V39F
63.77COMMUNITY DEVELOPMENT FURNITURE & EQUIPM1LF9-DFXF-CPWK 380.30IT SUPPLIES1M7M-7RMM-DTGK
8.65COMMUNITY DEVELOPMENT FURNITURE & EQUIPM1QC4-HVPF-MLKL
24.47ECON DEV SUPPLIES1QYJ-XV3K-99Y1
38.31OFFICE SUPPLIES1R9C-HJNY-T67Y
19.56IT SUPPLIES1T74-GNGN-3MDT
389.62CS-LAZY CREEK SUPPLIES1T9J-HDJ9-1GF3
1Page:
Item Title: 10.3
Warrant Register
Item Page Number: 2
Menifee Mayor and City Council
October 5, 2022
Page
13 of 549
09/08/2022
Voucher List
City of Menifee
2 5:23:28PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 2,148.97 54006 9/9/2022 01252 01252 AMAZON CAPITAL SERVICES, INC. 54007 9/9/2022 00123 AMBER MANAGEMENT, LLC SEP'22 SEP'22 CITY HALL MONTHLY RENT 53,110.16 30,153.00SEP'22 PD HEADQUARTERS MONTHLY RENTSEP'22 PD
Total : 83,263.16
54008 9/9/2022 02350 CMS MOBILE GLASS SHOP LLC. 3564 PD VEHICLE MAINTENANCE 500.23 543.74PD VEHICLE MAINTENANCE3565
Total : 1,043.97
54009 9/9/2022 01440 EASI FILE 85322 PLAN HOLDERS FOR ENGINEERING 1,872.59 Total : 1,872.59
54010 9/9/2022 00912 ENVIRONMENTAL SYSTEMS Q-478938 ARCGIS WEB APP SUBSCRIPTION 400.00 Total : 400.00
54011 9/9/2022 01310 GOLDSTAR ASPHALT PRODUCTS 19617 04095 MATERIALS AND SUPPLIES 3,496.49 Total : 3,496.49
54012 9/9/2022 00558 HDL COREN & CONE SIN019976 04135 CONTRACT SERVICES - SALES TRANS TAX 1ST 3,170.00 Total : 3,170.00
54013 9/9/2022 00824 HILLCREST CONTRACTING, INC. PB 30610R RETENTION RELEASE 77,990.82 Total : 77,990.82
54014 9/9/2022 00241 LSA ASSOCIATES INC 184101 03844 JUL'22 ENVIRONMENTAL CONSULTING SERVICES 3,518.75 Total : 3,518.75
54015 9/9/2022 01031 MENIFEE VALLEY TAEKWONDO ACADE CK REQ 8/30/22 COMM SVCS INSTRUCTOR PAYMENT 1,810.80 Total : 1,810.80
54016 9/9/2022 00847 MIG/HOGLE IRELAND 0076627 03391 JUL'22 SPECIFIC PLAN AMENDMENT MENIFEE V 4,309.00 04021 4,799.68JUL'22 TECH STUDIES & RELATED SVCS FOR T0076662 Total : 9,108.68
54017 9/9/2022 00716 PACIFIC MOBILE STRUCTURES, INC INV-00235510 04082 JUL'22 LOCKER ROOM LEASE 3,120.05 04082 3,110.26JUL'22 LOCKER ROOM LEASEINV-00235511
04082 3,399.87AUG'22 LOCKER ROOM LEASEINV-00241630
2Page:
Item Title: 10.3
Warrant Register
Item Page Number: 3
Menifee Mayor and City Council
October 5, 2022
Page
14 of 549
09/08/2022
Voucher List
City of Menifee
3 5:23:28PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 54017 9/9/2022 (Continued)00716 PACIFIC MOBILE STRUCTURES, INC 04082 3,389.21AUG'22 LOCKER ROOM LEASEINV-00241631
04082 3,399.87SEPT'22 LOCKER ROOM LEASEINV-00248014
04082 3,389.21SEPT'22 LOCKER ROOM LEASEINV-00248015
Total : 19,808.47
54018 9/9/2022 00252 PURCHASE POWER 0528-2038 AUG'22 AUG'22 POSTAGE REFILL 3,300.00 Total : 3,300.00
54019 9/9/2022 01212 R.J. NOBLE COMPANY 216223 P/W MATERIALS & SUPPLIES 84.68 Total : 84.68
54020 9/9/2022 01318 SEARLE CREATIVE GROUP LLC 22347-ED 04027 FY 22/23 ON-CALL MARKETING & GRAPHIC DES 975.00 Total : 975.00
54021 9/9/2022 00741 U.S. BANK CORP. PYMT. SYSTEM **0098 City Credit Card Charges 2,899.99 640.23City Credit Card Charges**0098
1,195.16City Credit Card Charges**0098
585.04City Credit Card Charges**1394
350.00City Credit Card Charges**1394
1,848.75City Credit Card Charges**1632
1,215.06City Credit Card Charges**1632
04051 4,192.50City Credit Card Charges**1632
04051
2,534.28City Credit Card Charges**1632
2,874.00City Credit Card Charges**1632
360.00City Credit Card Charges**1632
715.36City Credit Card Charges**1632
622.75City Credit Card Charges**1632
2,228.65City Credit Card Charges**1632
723.00City Credit Card Charges**1632
04051 16,200.00City Credit Card Charges**1632
04051
531.11City Credit Card Charges**1678
630.00City Credit Card Charges**1678
370.00City Credit Card Charges**1678
1,042.35City Credit Card Charges**1678
3Page:
Item Title: 10.3
Warrant Register
Item Page Number: 4
Menifee Mayor and City Council
October 5, 2022
Page
15 of 549
09/08/2022
Voucher List
City of Menifee
4 5:23:28PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 54021 9/9/2022 (Continued)00741 U.S. BANK CORP. PYMT. SYSTEM 705.55City Credit Card Charges**1678
648.45City Credit Card Charges**1678
904.55City Credit Card Charges**1678
857.13City Credit Card Charges**1678
792.63City Credit Card Charges**1678
656.35City Credit Card Charges**1678
451.62City Credit Card Charges**4538
899.00City Credit Card Charges**9199
1,107.67City Credit Card Charges**9199
649.74City Credit Card Charges**9199
948.00City Credit Card Charges**9199
676.84City Credit Card Charges**9739
421.43City Credit Card Charges**9739
1,289.99City Credit Card Charges**9739
1,256.98City Credit Card Charges**9739
1,126.51City Credit Card Charges**9739
Total : 55,150.67
54022 9/9/2022 00741 U.S. BANK CORP. PYMT. SYSTEM **0098 City Credit Card Charges 168.55
59.00City Credit Card Charges**0098
7.99City Credit Card Charges**1016
42.93City Credit Card Charges**1016
56.19City Credit Card Charges**1016
0.99City Credit Card Charges**1016
335.55City Credit Card Charges**1394
53.82City Credit Card Charges**1394
299.06City Credit Card Charges**1394
61.31City Credit Card Charges**1394
337.48City Credit Card Charges**1632
190.00City Credit Card Charges**1632
270.79City Credit Card Charges**1632
244.93City Credit Card Charges**1632
124.19City Credit Card Charges**1632
185.00City Credit Card Charges**1632
88.70City Credit Card Charges**1678
40.79City Credit Card Charges**4538
4Page:
Item Title: 10.3
Warrant Register
Item Page Number: 5
Menifee Mayor and City Council
October 5, 2022
Page
16 of 549
09/08/2022
Voucher List
City of Menifee
5 5:23:28PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 54022 9/9/2022 (Continued)00741 U.S. BANK CORP. PYMT. SYSTEM 335.80City Credit Card Charges**7121
234.76City Credit Card Charges**7121
15.00City Credit Card Charges**9199
30.00City Credit Card Charges**9199
142.01City Credit Card Charges**9199
106.19City Credit Card Charges**9739
90.02City Credit Card Charges**9739
30.99City Credit Card Charges**9739
41.79City Credit Card Charges**9739
270.41City Credit Card Charges**9739
328.72City Credit Card Charges**9739
285.00City Credit Card Charges**9739
176.97City Credit Card Charges**9739
62.32City Credit Card Charges**9739
9.99City Credit Card Charges**9962
Total : 4,727.24
54023 9/9/2022 02213 U.S. BANK NA 13379601 JUL'22 ACCT MGMT SVCS 464.00 Total : 464.00
54024 9/9/2022 01768 V&V MANUFACTURING, INC 55320 POLICE BADGES 69.85 194.54CODE ENF BADGES55595
Total : 264.39
54025 9/9/2022 00504 WALLACE & ASSOCIATES W800561 03759 JUL'22 LABOR COMPLIANCE CIP21-07 & 21-10 200.00 Total : 200.00
54026 9/9/2022 01524 WRIGHT SEPTIC 37072 FIRESTATION #5 FACILITY MAINTENANCE 636.00 Total : 636.00
54027 9/9/2022 01859 2 HOT ACTIVEWEAR & UNIFORMS 4487 PD UNIFORMS 86.35 Total : 86.35
54028 9/9/2022 02006 ACE UNIFORMS, LLC 121507 CODE ENF UNIFORMS 175.28
15.16CODE ENF UNIFORMS121509
1,101.73CODE ENF UNIFORMS121513
5Page:
Item Title: 10.3
Warrant Register
Item Page Number: 6
Menifee Mayor and City Council
October 5, 2022
Page
17 of 549
09/08/2022
Voucher List
City of Menifee
6 5:23:28PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 1,292.17 54028 9/9/2022 02006 02006 ACE UNIFORMS, LLC 54029 9/9/2022 01795 AIR & HOSE SOURCE, INC 473936 FLEET MATERIALS/SUPPLIES 37.98 Total : 37.98
54030 9/9/2022 01914 ALCO TARGET COMPANY 71233 PD MATERIALS & SUPPLIES 651.87 Total : 651.87
54031 9/9/2022 00744 ALLIED TRAFFIC & EQUIP. RENTAL 87395 P/W SIGN MAINTENANCE & REPLACEMENT 37.52 Total : 37.52
54032 9/9/2022 00365 AMERICAN PLANNING ASSOCIATION 281969-220703 APA MEMBERSHIP RENEWAL 434.00 Total : 434.00
54033 9/9/2022 01203 BALLET FOLKLORICO, LORENA HANCOCK CK REQ 8/30/22 COMM SVCS INSTRUCTOR PAYMENT 894.60 Total : 894.60
54034 9/9/2022 01746 BAY AREA DRIVING SCHOOL, INC CK REQ 8/30/22 COMM SVCS INSTRUCTOR PAYMENT 136.50 Total : 136.50
54035 9/9/2022 01975 BIGFOOT GRAPHICS CK REQ 8/30/22 COMM SVCS INSTRUCTOR PAYMENT 148.00 Total : 148.00
54036 9/9/2022 02460 BORJA, ALEJANDRO 208 ENTERTAINMENT FOR SEPTEMBER ART-A-FAIRE 500.00 Total : 500.00
54037 9/9/2022 02027 CARRINO, CHRISTOPHER CK REQ 8/23/22 PER DIEM FOR TRAINING 318.00
55.50PER DIEM FOR TRAININGCK REQ 8/29/22
Total : 373.50
54038 9/9/2022 01836 CI TECHNOLOGIES, INC 10171 04030 FY22/23 IAPRO AND BLUETEAM LICENSE RENEW 4,500.00 Total : 4,500.00
54039 9/9/2022 02195 CINTAS CORPORATION NO. 2 5115793810 04009 MOC FIRST AID SUPPLIES 120.90 04009 384.00PD FIRST AID SUPPLIES5117487204
04009 326.98LAZY CREEK FIRST AID SUPPLIES5117487207
04009 145.88CITY HALL FIRST AID KITS5117487217
04009 229.06SENIOR CENTER FIRST AID SUPPLIES5117487219 6Page:
Item Title: 10.3
Warrant Register
Item Page Number: 7
Menifee Mayor and City Council
October 5, 2022
Page
18 of 549
09/08/2022
Voucher List
City of Menifee
7 5:23:28PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 54039 9/9/2022 (Continued)02195 CINTAS CORPORATION NO. 2 04009 55.04MOC FIRST AID SUPPLIES5119597706
04009 15.55PD SUBSTATION FIRST AID SUPPLIES5119597720
04009 131.26PD FIRST AID SUPPLIES5121707211
04009 222.11CITY HALL FIRST AID SUPPLIES5121707240
04009 288.29LAZY CREEK FIRST AID SUPPLIES5121707241
04009 158.93SENIOR CENTER FIRST AID SUPPLIES5121707276 04009 107.66MOC FIRST AID SUPPLIES9183061533
04009 538.31PD FIRST AID SUPPLIES9183061535
04009 118.54PD FIRST AID SUPPLIES9183061536
04009 322.99SENIOR CENTER FIRST AID SUPPLIES9183061538 04009 215.33CITY HALL FIRST AID KITS9183061544
04009 107.66PD SUBSTATION FIRST AID SUPPLIES9183068994 04009 215.33LAZY CREEK FIRST AID SUPPLIES9183069036
04009 107.66MOC FIRST AID SUPPLIES9186700921
04009 538.31PD FIRST AID SUPPLIES9186700926
04009 118.54PD FIRST AID SUPPLIES9186700932
04009 322.99SENIOR CENTER FIRST AID SUPPLIES9186700936 04009 215.33CITY HALL FIRST AID KITS9186700947
04009 107.66PD SUBSTATION FIRST AID SUPPLIES9186741003 04009 215.33LAZY CREEK FIRST AID SUPPLIES9186741135
04009 107.66MOC CINTAS MAINTENANCE9190811560
Total : 5,437.30
54040 9/9/2022 01178 DIRECTV LLC 004016741 8/16/22 AUG'22 FIRE STATION #7 SATELLITE SVCS 292.24 Total : 292.24
54041 9/9/2022 00161 EASTERN MUNICIPAL WATER DIST. 500001174 8/17/22 AUG'22 CSA 145 WATER SVCS 1,702.36 685.43AUG'22 LLMD ZONE 3 WATER SVCS500072538 8/17/22
594.97AUG'22 LLMD ZONE 3 WATER SVCS500072542 8/17/22
450.21AUG'22 LLMD ZONE 3 WATER SVCS500072544 8/17/22
1,283.87AUG'22 HAUN RD WATER SVCS500075900 8/17/22
988.01AUG'22 AMR SPORTS PARK IRRIGATION500076871 8/17/22 525.95AUG'22 AMR ROW WATER SVCS500077903 8/17/22
773.68AUG'22 AMR ROW WATER SVCS500077904 8/17/22
581.29JUL'22 AMR ROW WATER SVCS500077905 7/20/22
463.33AUG'22 AMR ROW WATER SVCS500077905 8/17/22
7Page:
Item Title: 10.3
Warrant Register
Item Page Number: 8
Menifee Mayor and City Council
October 5, 2022
Page
19 of 549
09/08/2022
Voucher List
City of Menifee
8 5:23:28PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 54041 9/9/2022 (Continued)00161 EASTERN MUNICIPAL WATER DIST. 1,395.20AUG'22 SPIRIT PARK WATER SVCS500078181 8/17/22
236.32AUG'22 TOWN CENTER ROW WATER SVCS500079025 8/17/22 347.65AUG'22 TOWN CENTER ROW WATER SVCS500079028 8/17/22 333.08AUG'22 TOWN CENTER ROW WATER SVCS500079032 8/17/22 353.38AUG'22 AMR WATER SVCS500079481 8/17/22
3,677.72AUG'22 HIDDEN HILLS PARK WATER SVCS500082800 8/17/22 769.50AUG'22 MAYFIELD PARK IRRIGATION SVCS500084765 8/17/22 500.90AUG'22 AMR CREEK VIEW IRRIGATION WATER S500084766 8/17/22 773.68AUG'22 AMR SILVERSTAR IRRIGATION WATER S500085671 8/17/22 1,059.96AUG'22 AMR ROW WATER SVCS500086136 8/17/22
559.35AUG'22 AMR ROW WATER SVCS500086142 8/17/22
260.14AUG'22 AMR ROW WATER SVCS500086143 8/17/22
209.87AUG'22 TOWN CENTER ROW WATER SVCS500086213 8/17/22 226.48AUG'22 TOWN CENTER ROW WATER SVCS500086214 8/17/22 937.33AUG'22 CENTRAL PARK IRRIGATION SVCS500086861 8/17/22 548.22AUG'22 TOWN CENTER WATER SVCS500086865 8/17/22
263.94JUL'22 AMR ROW WATER SVCS500087091 7/20/22
265.54AUG'22 AMR ROW WATER SVCS500087091 8/17/22
422.80AUG'22 AMR ROW WATER SVCS500087092 8/17/22
1,028.36AUG'22 AMR ROW WATER SVCS500087515 8/17/22
1,038.10AUG'22 CENTENNIAL PARK IRRIGATION WATER500087645 8/17/22 1,598.95AUG'22 CENTENNIAL PARK IRRIGATION WATER500087646 8/17/22 207.25AUG'22 CENTENNIAL PARK IRRIGATION WATER500087647 8/17/22 264.15AUG'22 CFD 2015-2 ANNEXATION 28 ZONE 28500089384 8/17/22 4,363.03JUL'22 CSA 145 WATER SVCS500160209 8/3/22
381.22AUG'22 SUNSET PARK WATER SVCS500304207 8/17/22
Total : 30,071.22
54042 9/9/2022 00161 EASTERN MUNICIPAL WATER DIST. 500076722 8/17/22 AUG'22 LA PIEDRA/SHERMAN IRRIGATION WATE 95.76 148.80AUG'22 AMR ROW WATER SVCS500077538 8/17/22
67.92AUG'22 TOWN CENTER ROW WATER SVCS500079033 8/17/22 141.68AUG'22 AMR ROW WATER SVCS500087090 8/17/22
182.41AUG'22 CFD2015-1 ANNEXATION 20 ZONE 21 W500242567 8/17/22
26.17AUG'22 CFD2015-1 ANNEXATION 20 ZONE 21 W500304117 8/17/22 Total : 662.74
8Page:
Item Title: 10.3
Warrant Register
Item Page Number: 9
Menifee Mayor and City Council
October 5, 2022
Page
20 of 549
09/08/2022
Voucher List
City of Menifee
9 5:23:28PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 54043 9/9/2022 01439 ENCODE PLUS LLC 2154 04119 STANDARD90 ENCODE PLUS SOFTWARE 17,950.00 Total : 17,950.00
54044 9/9/2022 00024 FEDEX 7-864-65175 AUG'22 EXPRESS DELIVERY SVCS 16.59 Total : 16.59
54045 9/9/2022 01142 FRONTIER CALIFORNIA INC. 310-010-9929 8/19/22 SEPT'22 SPIRIT PARK FIOS 300.98 140.98JUL'22 SENIOR CENTER FIOS SVCS323-159-1679 7/10/22 990.00SEP'22 MENIFEE PD FIOS SVCS951-197-0485 8/28/22
1,005.16AUG'22 COMM SVCS DIA SERVICE951-197-0818 8/1/22 387.35SEPT'22 CITY HALL ROLLOVER LINES SVC951-679-8527 8/19/22 1,539.61AUG'22 CITY HALL LOCAL & LONG DISTANCE S951-723-8881 8/24/22 Total : 4,364.08
54046 9/9/2022 00278 GALLS, LLC BC1676021 CODE ENFORCEMENT UNIFORMS 513.83 Total : 513.83
54047 9/9/2022 01969 GARLAND, WALTER CK REQ 8/30/22 COMM SVCS INSTRUCTOR PAYMENT 310.80 Total : 310.80
54048 9/9/2022 00139 GHA TECHNOLOGIES INC 101232893 IT FURNITURE AND EQUIPMENT 1,746.60 04076 3,432.10FY22/23 HPE ARUBA CENTRAL LICENSE RENEWA101235013 Total : 5,178.70
54049 9/9/2022 01265 GOGOVAPPS 22-105 04086 FY22/23 CITIZEN REQUEST MANAGEMENT & REV 8,604.00 Total : 8,604.00
54050 9/9/2022 02456 GORDON, EDDIE 01 ENTERTAINMENT FOR FALL FESTIVAL 1,200.00 Total : 1,200.00
54051 9/9/2022 02448 GRAY HORSE, LLC CK REQ 8/15/22 04124 CDBG-CV RENTAL MORTGAGE ASSISTANCE PROGR 7,500.00 Total : 7,500.00
54052 9/9/2022 01691 GUTIERREZ, DAVID CK REQ 8/29/22 PER DIEM FOR TRAINING 359.50 Total : 359.50
54053 9/9/2022 00650 HDL SOFTWARE, LLC SIN021338 JUL'22 HDL ONLINE CC PROCESSING SVCS 195.06 9Page:
Item Title: 10.3
Warrant Register
Item Page Number: 10
Menifee Mayor and City Council
October 5, 2022
Page
21 of 549
09/08/2022
Voucher List
City of Menifee
10 5:23:28PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 195.06 54053 9/9/2022 00650 00650 HDL SOFTWARE, LLC 54054 9/9/2022 00172 INTERNATIONAL CODE COUNCIL 1001551474 04098 FIRE CODE BOOKS 3,499.61 Total : 3,499.61
54055 9/9/2022 01763 KARRER, CHRISTOPHER CK REQ 8/29/22 PER DIEM FOR TRAINING 359.50 Total : 359.50
54056 9/9/2022 00641 LIVING SPACES FURNITURE, LLC SO-010011149 04132 FIRE STATION FURNITURE 2,117.88 Total : 2,117.88
54057 9/9/2022 01284 MAIN STREET SIGNS 39385 04038 SIGN MAINTENANCE AND REPLACEMENT 2,692.13 Total : 2,692.13
54058 9/9/2022 00474 SUNRUN SOLAR CK REQ 7/29/22 REFUND FOR BLDG PERMIT PMT22-00654 214.08 312.32REFUND FOR BLDG PERMIT PMT22-01412CK REQ 7/29/22-5 Total : 526.40
54059 9/9/2022 00474 SOLAR PERMIT SPECIALISTS CK REQ 8/26/22 REFUND BUILDING PERMIT PMT22-01951 297.60 Total : 297.60
54060 9/9/2022 00474 TAYLOR BARNES CK REQ 9/1/22 DEPOSIT REFUND KC SNR CTR 200.00 Total : 200.00
54061 9/9/2022 00474 YVETTE FERNANDEZ CK REQ 9/1/22 DEPOSIT REFUND KC SNR CTR 100.00 Total : 100.00
54062 9/9/2022 00474 MOISES VILLEGAS/ CREATIVE HEIG CK REQ 8/8/22-1 REFUND FOR BLDG PERMIT PMT12-1651 57.32 Total : 57.32
54063 9/9/2022 00474 VALERIA RICHARDSON CK REQ 8/24/22 REFUND FOR PICNIC SHELTER RESERVATION 45.00 Total : 45.00
54064 9/9/2022 01473 MISS APRIL'S DANCE CK REQ 8/30/22 COMM SVCS INSTRUCTOR PAYMENT 108.00 Total : 108.00
54065 9/9/2022 00690 MMASC 8/26/22 MMASC MEMBERSHIP DUES 90.00 Total : 90.00
10Page:
Item Title: 10.3
Warrant Register
Item Page Number: 11
Menifee Mayor and City Council
October 5, 2022
Page
22 of 549
09/08/2022
Voucher List
City of Menifee
11 5:23:28PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 54066 9/9/2022 01605 MOBILE MODULAR MANAGEMENT CORP 300810639 MOBILE MODULAR RENTAL 107.88 Total : 107.88
54067 9/9/2022 01058 MONOPRICE INC. 22803024 IT EQUIPMENT 404.94 269.99IT SUPPLIES22842040
Total : 674.93
54068 9/9/2022 01614 MURRIETA/WILDOMAR CHAMBER OF, COMMERCE40854 MURRIETA STATE OF THE CITY EVENT 350.00 Total : 350.00
54069 9/9/2022 01558 OCCUPATION HEALTH CENTERS, OF CALIFORNIA76188005 PRE-EMPLOYMENT TESTING SVCS 501.50
57.50PRE-EMPLOYMENT TESTING SVCS76263456
437.00PRE-EMPLOYMENT TESTING SVCS76339241
Total : 996.00
54070 9/9/2022 01130 O'REILLY AUTO PARTS 4746-345154 P/W SMALL TOOLS & FIELD EQUIPMENT 9.96 Total : 9.96
54071 9/9/2022 01843 PARKHOUSE TIRE, INC 2010810887 P/W VEHICLE TIRES 1,527.99 Total : 1,527.99
54072 9/9/2022 00373 PITNEY BOWES GLOBAL FIN. SERV. 3105623370-1 04123 FY22/23 POSTAGE MACHINE LEASE 390.32 Total : 390.32
54073 9/9/2022 01065 PRUDENTIAL OVERALL SUPPLY 23340470 P/W UNIFORM LAUNDRY SVCS 118.88 133.71P/W UNIFORM LAUNDRY SVCS23368858
35.94FLEET PROFESSIONAL SVCS23368859
Total : 288.53
54074 9/9/2022 00006 R&R BUSINESS SOLUTIONS 8870 PRINTING SERVICES 92.44 Total : 92.44
54075 9/9/2022 02454 SAFE AND SECURE LOCKSMITH, SERVICES 51809 FIRESTATION #7 FACILITY MAINTENANCE 350.94 Total : 350.94
54076 9/9/2022 01912 SLI CLEANING SERVICES 0020 PD BIOHAZARD CLEANUP SVCS 325.00 Total : 325.00
11Page:
Item Title: 10.3
Warrant Register
Item Page Number: 12
Menifee Mayor and City Council
October 5, 2022
Page
23 of 549
09/08/2022
Voucher List
City of Menifee
12 5:23:28PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 54077 9/9/2022 01640 SO CAL SHORT LOAD INC 2032 PW MATERIALS & SUPPLIES 780.00 Total : 780.00
54078 9/9/2022 00046 SOUTHERN CALIFORNIA EDISON 700145838534 8/29/22 AUG'22 PD SUB STATION ELECTRICAL 758.08
76.21JUL'22 HIDDEN HILLS PARK ELECTRIC SVCS700327396565 8/8/22 6,299.96AUG'22 FIRE STATIONS ELECTRICAL SVCS700449636167 8/25/22 8,775.09JUL'22 CITY HALL ELECTRIC SVCS700578241393 8/22/22 135.26AUG'22 AMR ROW ELECTRIC SVCS700667949522 8/26/22
Total : 16,044.60
54079 9/9/2022 00861 STAPLES CONTRACT & COMMERICAL 8067077197 OFFICE SUPPLIES 6,838.66 Total : 6,838.66
54080 9/9/2022 00283 STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE598901 JUL'22 NEW HIRE SCREENINGS 221.00 490.00JUL'22 NEW HIRE SCREENINGS600743
35.00MAY'22 NEW HIRE SCREENINGS600770
Total : 746.00
54081 9/9/2022 01053 SUN CITY HARDWARE 6726777 9/6/22 COMM SVCS & P/W SUPPLIES 936.82 1,104.99COMM SVCS & P/W SUPPLIES6726777 9/6/22-1
Total : 2,041.81
54082 9/9/2022 02085 TALALAY TENNIS CK REQ 8/30/22 COMM SVCS INSTRUCTOR PAYMENT 326.76 925.08COMM SVCS INSTRUCTOR PAYMENTCK REQ 8/30/22-1
Total : 1,251.84
54083 9/9/2022 01034 TEMECULA WINNELSON CO. 264116 01 AMR FACILITY MAINT 993.26 376.92SPIRIT PARK FACILITY MAINT266857 01
Total : 1,370.18
54084 9/9/2022 00098 THE GAS COMPANY 047 770 7105 3 8/24 AUG'22 FIRE STATION #7 GAS SVCS 124.06
14.30AUG'22 WEST ANNEX/SENIOR CTR GAS SVCS064 825 8334 8 8/25
26.95AUG'22 POLICE DEPT (BLDG A) GAS SVCS091 934 9672 7 8/25
88.14AUG'22 POLICE DEPARTMENT (BLDG B) GAS SV186 436 1021 7 8/25 Total : 253.45
54085 9/9/2022 01751 TUMBLE-N-KIDS, INC CK REQ 8/30/22 COMM SVCS INSTRUCTOR PAYMENT 1,936.80 12Page:
Item Title: 10.3
Warrant Register
Item Page Number: 13
Menifee Mayor and City Council
October 5, 2022
Page
24 of 549
09/08/2022
Voucher List
City of Menifee
13 5:23:28PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 1,936.80 54085 9/9/2022 01751 01751 TUMBLE-N-KIDS, INC 54086 9/9/2022 00054 TYLER TECHNOLOGIES, INC, EDEN SYSTEMS DIVISION025-380135 MY CITY APP SUBSCRIPTION 1,157.63 1,157.63MY CITY APP SUBSCRIPTION025-391024
Total : 2,315.26
54087 9/9/2022 00189 VERIZON WIRELESS 9912405304 JUL'22 CITY MOBILE DEVICE CHARGES 14,843.12 Total : 14,843.12
54088 9/9/2022 02051 WORLDPAC INC 54160813 PD VEHICLE MAINTENANCE 44.00
44.00PD VEHICLE MAINTENANCE54161493
20.92PD VEHICLE MAINTEANCE54187172
101.29PD VEHICLE MAINTENANCE54361540
Total : 210.21
54089 9/9/2022 02464 VARSO, EDWARD CK REQ 8/29/22 PER DIEM FOR TRAINING 231.50 Total : 231.50
Bank total : 451,684.71 91 Vouchers for bank code : uboc 451,684.71Total vouchers :Vouchers in this report 91
13Page:
Item Title: 10.3
Warrant Register
Item Page Number: 14
Menifee Mayor and City Council
October 5, 2022
Page
25 of 549
Date Paid by: Payee Description Amount
9/2/2022 ACH City Payroll Payroll Period 8/13/2022-8/26/2022 1,588,564.74$ 9/2/2022 ACH ICMA Payroll Period 8/13/2022-8/26/2022 60,316.24$ TOTAL PAYROLL: 1,648,880.98$
Date Paid by: Payee Description Amount
8/30/2022 WIRE Wimington Trust CFD 2020-1 Principal & Interest Payment 270,800.00$ 8/30/2022 WIRE Wimington Trust CFD 2019-1 Principal & Interest Payment 61,725.00$ 9/1/2022 ACH CALPERS - Retirement Payroll Period 7/16/2022-7/29/2022 110,751.80$ 9/1/2022 ACH CALPERS - Retirement Payroll Period 7/16/2022-7/29/2022 97,862.52$ 9/2/2022 ACH OpenEdge Credit Card Processing Fees August 2022 20,376.70$ 9/6/2022 ACH Cardpointe Credit Card Processing Fees August 2022 1,355.24$ TOTAL OTHER EFT'S: 562,871.26$
TOTAL PAYMENTS: 2,211,752.24$
Payroll Register, Taxes and Other EFT's/Wires
City of Menifee
October 5, 2022
Item Title: 10.3
Warrant Register
Item Page Number: 15
Menifee Mayor and City Council
October 5, 2022
Page
26 of 549
Status
08/01/2022 295.50 295.50
9,881.50
5 checks in this report Total Checks: 9,881.50
53906 08/26/2022 02441 JOSHUA FERNANDEZ V 08/29/2022 CK REQ 8/1/22 7,000.00
53756 08/12/2022 02141 CHALON HARRIS V 08/18/2022 CK REQ 8/1/22 08/01/2022 318.00 318.00 1,068.00 1,068.00
53588 07/29/2022 00474 MISC. VENDOR V 08/31/2022 CK REQ 7/13/22 07/13/2022 7,000.00 04/01/2022 1,200.00 1,200.00
53518 07/29/2022 00474 MISC. VENDOR V 08/01/2022 CK REQ 5/4/22 05/04/2022 Invoice Inv. Date Amount Paid Check Total
52607 05/06/2022 02360 VIBY CREATIVE, INC V 08/01/2022 740 Check # Date Vendor Clear/Void Date
A/P Void Check Listing
Item Title: 10.3
Warrant Register
Item Page Number: 16
Menifee Mayor and City Council
October 5, 2022
Page
27 of 549
City of Menifee
US Bank Credit Card Detail
Aug'22
Last
Four of
CC Cardholder
Date of
Transaction Description Description Detail
Charge
Initiated For:
Amount Account Number
to be charged
**1394 City Card 7/28/2022 City Credit Card Charges Mirage - Hotel Accommodations for Neogov Conference G.Alarcon G.Alarcon 146.26 100-4222-52210 **1394 City Card 7/28/2022 City Credit Card Charges Mirage - Hotel Accommodations for Neogov Conference J.Perez J.Perez 146.26 100-4222-52210 **1394 City Card 7/28/2022 City Credit Card Charges Mirage - Hotel Accommodations for Neogov Conference V.Barrera V.Barrera 146.26 100-4222-52210 **1394 City Card 7/28/2022 City Credit Card Charges Mirage - Hotel Accommodations for Neogov Conference M.Zinter M.Zinter 146.26 100-4222-52210 **1394 City Card 8/9/2022 City Credit Card Charges 1-800-Flowers - Sympathy Flowers for N.Rodriguez N.Rodriguez 61.31 100-4222-52797 **1394 City Card 8/10/2022 City Credit Card Charges CALED - Job Advertising for Management Aide Position Human Resources 350.00 100-4222-50428 **1394 City Card 8/11/2022 City Credit Card Charges Target - Supplies for Leadership Academy Human Resources 60.00 100-4222-52211 **1394 City Card 8/11/2022 City Credit Card Charges Papa John's - Meals for Leadership Academy Human Resources 275.55 100-4222-52211 **1394 City Card 8/17/2022 City Credit Card Charges Vista Print - Supplies for CERT Equipment EOC 53.82 100-4114-51600 **1394 City Card 8/22/2022 City Credit Card Charges In-N-Out - Meals for Leadership Academy Human Resources 299.06 100-4222-52211 **7121 City Card 7/26/2022 City Credit Card Charges Krispy Kreme Doughnuts - Meals for Executive Office Meeting Executive Office 335.80 100-4111-51600 **7121 City Card 7/28/2022 City Credit Card Charges Bushfire Kitchen - Meals for Executive Office Meeting Executive Office 234.76 100-4111-51600 **9199 City Card 7/29/2022 City Credit Card Charges Paessler - Network Monitoring System for IT Department IT 899.00 110-4115-51354 **9199 City Card 7/31/2022 City Credit Card Charges Microsoft - Microsoft 365 Business Subscription IT 15.00 110-4115-51353 **9199 City Card 8/1/2022 City Credit Card Charges Microsoft - Project Plan Software Subscription GIS 30.00 110-4119-51353 **9199 City Card 8/7/2022 City Credit Card Charges PropertyRadar.com - Property Radar Subscription for Code Enforcement IT 948.00 110-4115-51353 **9199 City Card 8/11/2022 City Credit Card Charges Enterprise - Transportation During Black Hat Cyber Security Conference M.Sarkissian M.Sarkissian 458.03 110-4115-52210 **9199 City Card 8/11/2022 City Credit Card Charges Economy LAX Parking - Airport Parking During Black Hat Cyber Security Conference M.Sarkissian 11.00 110-4115-52210 **9199 City Card 8/11/2022 City Credit Card Charges MGM Grand - Hotel Accomodations For Black Hat Cyber Security Conference M.Sarkissian M.Sarkissian 373.32 110-4115-52210 **9199 City Card 8/11/2022 City Credit Card Charges MGM Grand - Hotel Accomodations For Black Hat Cyber Security Conference G.Shoemaker G.Shoemaker 265.32 110-4115-52210 **9199 City Card 8/18/2022 City Credit Card Charges Best Buy - Replacement Television for PD Headquarters IT 549.74 110-4115-53156 **9199 City Card 8/18/2022 City Credit Card Charges Microsoft - Microsoft Azure Support Services IT 100.00 110-4115-51353 **9199 City Card 8/23/2022 City Credit Card Charges Sling.com - Sling Services for City Executive Office Executive Office 35.00 110-4111-51353 **9199 City Card 8/23/2022 City Credit Card Charges Lowe's - IT Supplies IT 107.01 110-4115-51500 **1678 City Card 8/4/2022 City Credit Card Charges 1-800-Flowers.com - Sympathy Flowers for T.Perez T.Perez 114.17 100-4221-51600 **1678 City Card 8/4/2022 City Credit Card Charges Get Safe - PD Training PD 150.00 100-4911-52211 **1678 City Card 8/4/2022 City Credit Card Charges OC Sheriffs - PD Training D.Keith D.Keith 75.00 100-4911-52211 **1678 City Card 8/4/2022 City Credit Card Charges Strategic Operations - PD Training V.Rodriguez V.Rodriguez 350.00 100-4911-52211 **1678 City Card 8/4/2022 City Credit Card Charges Southwest - Airfare for PD Training L.Barnes L.Barnes 167.96 100-4911-52211 **1678 City Card 8/5/2022 City Credit Card Charges Eventbrite - PD Training J.Kaub J.Kaub 42.63 100-4911-52211 **1678 City Card 8/5/2022 City Credit Card Charges Marin Consulting - PD Training T.D'Alessandro & T.Perez T.D'Alessandro & T.Perez 750.00 100-4911-52211 **1678 City Card 8/9/2022 City Credit Card Charges Holiday Inn Express - Hotel Accomodations for PD Training C.Carrino & R.Perez C.Carrino & R.Perez 656.35 100-4911-52211 **1678 City Card 8/10/2022 City Credit Card Charges 1-800-Flowers.com - Get Well Flowers for C.Booker C.Booker 93.50 100-4221-51600 **1678 City Card 8/10/2022 City Credit Card Charges Hilton San Diego - Hotel Accommodations for PD Training P.Barbieri P.Barbieri 437.61 100-4911-52211 **1678 City Card 8/11/2022 City Credit Card Charges Evoc - PD Training J.Stone & E.Licona J.Stone & E.Licona 200.00 100-4911-52211 **1678 City Card 8/11/2022 City Credit Card Charges Advanced Officers Training - PD Training E.Licona & S.Samano E.Licona & S.Samano 430.00 100-4911-52211 **1678 City Card 8/12/2022 City Credit Card Charges Mountain Mike's Pizza - Meals for Volunteer Academy PD 88.70 100-4911-52509 **1678 City Card 8/16/2022 City Credit Card Charges IACP - IACP Conference Registration D.Gutierrez D.Gutierrez 370.00 100-4911-52211 **1678 City Card 8/17/2022 City Credit Card Charges Target - Supplies for Volunteer Academy PD 96.63 100-4911-52509 **1678 City Card 8/17/2022 City Credit Card Charges Marin Consulting - PD Training L.Isarraraz L.Isarraz 375.00 100-4911-52211 **1678 City Card 8/17/2022 City Credit Card Charges Marriott Long Beach - Hotel Accommodations for PD Training D.Hawkins D.Hawkins 570.72 100-4911-52211 **1678 City Card 8/18/2022 City Credit Card Charges Riverside County Sheriff - PD Training N.Martin N.Martin 705.55 100-4911-52211 **1678 City Card 8/20/2022 City Credit Card Charges Holiday Inn - Hotel Accommodations for PD Training T.Dinh T.Dinh 648.45 100-4911-52211 **1678 City Card 8/22/2022 City Credit Card Charges Street Cop Training - PD Training E.Springer E.Springer 199.00 100-4911-52211 **1678 City Card 8/22/2022 City Credit Card Charges Riverside County Sheriff - PD Training N.Martin N.Martin 705.55 100-4911-52211 **1632 City Card 7/26/2022 City Credit Card Charges Sticker Mule - Supplies for Economic Development Economic Development 616.25 100-4350-51600 Item Title: 10.3
Warrant Register
Item Page Number: 17
Menifee Mayor and City Council
October 5, 2022
Page
28 of 549
City of Menifee
US Bank Credit Card Detail
Aug'22
Last
Four of
CC Cardholder
Date of
Transaction Description Description Detail
Charge
Initiated For:
Amount Account Number
to be charged
**1632 City Card 7/26/2022 City Credit Card Charges The Drop Zone - Dropzone Tickets for Summer Field Trip Community Services 1232.50 100-4662-51600 **1632 City Card 7/28/2022 City Credit Card Charges Alaska Air - Airfare for Black Hat Cyber Security Conference G.Shoemaker G.Shoemaker 182.19 110-4115-52210 **1632 City Card 7/28/2022 City Credit Card Charges Alaska Air - Airfare for Black Hat Cyber Security Conference M.Sarkissian M.Sarkissian 182.19 110-4115-52210 **1632 City Card 7/28/2022 City Credit Card Charges Rush King Promotions - Supplies for Economic Development Economic Development 850.68 100-4350-51600 **1632 City Card 7/29/2022 City Credit Card Charges Black Hat - Cyber Security Conference additional session registration G.Shoemaker G.Shoemaker 2096.25 110-4115-52210 PO 04051 **1632 City Card 7/29/2022 City Credit Card Charges Black Hat - Cyber Security Conference additional session registration M.Sarkissian M.Sarkissian 2096.25 110-4115-52210 PO 04051 **1632 City Card 8/1/2022 City Credit Card Charges Socal FPO - Fire Marshall Training J.Mumme J.Mumme 100.00 100-4446-52211 **1632 City Card 8/1/2022 City Credit Card Charges Expedia - Hotel Accommodations for Black Hat Cyber Security Conference G.Shoemaker G.Shoemaker 1217.14 110-4115-52210 **1632 City Card 8/1/2022 City Credit Card Charges Expedia - Hotel Accommodations for Black Hat Cyber Security Conference M.Sarkissian M. 1217.14 110-4115-52210 **1632 City Card 8/1/2022 City Credit Card Charges Black Hat - Cyber Security Conference registration G.Shoemaker G.Shoemaker 8100.00 110-4115-52211 PO 04051 **1632 City Card 8/1/2022 City Credit Card Charges Black Hat - Cyber Security Conference registration M.Sarkissian M.Sarkissian 8100.00 110-4115-52211 PO 04051 **1632 City Card 8/2/2022 City Credit Card Charges International Code Council - ICC Membership Dues Fire Marshall 265.00 100-4446-52200 **1632 City Card 8/2/2022 City Credit Card Charges Murrieta Chamber of Commerce - Murrieta Chamber of Commerce Event Registration G.Gonzalez G.Gonzalez 250.00 100-4350-52210 **1632 City Card 8/2/2022 City Credit Card Charges Ralph's - Supplies for Engineering Meeting Engineering 33.66 100-4551-52210 **1632 City Card 8/2/2022 City Credit Card Charges Mareen Kane & Associates - TTC Conference Registration R.Valencia R.Valencia 1600.00 100-4113-52210 **1632 City Card 8/2/2022 City Credit Card Charges LAX - Airport Parking During Black Hat Cyber Security Conference M.Sarkissian M.Sarkissian 79.99 110-4115-52210 **1632 City Card 8/3/2022 City Credit Card Charges Gracie's Lunchbox - City Council Dinner City Council 124.19 100-4110-51600 **1632 City Card 8/5/2022 City Credit Card Charges Statewide Mini Storage - Additional Storage For Community Services Department Community Services 723.00 100-4662-51600 **1632 City Card 8/9/2022 City Credit Card Charges International Code Council - ICC Membership Dues Fire Marshall -265.00 100-4446-52200 **1632 City Card 8/9/2022 City Credit Card Charges American Planning Association - APA Conference Registration B.Cleary B.Cleary 150.00 100-4330-52210 **1632 City Card 8/9/2022 City Credit Card Charges American Planning Association - APA Conference Registration F.Herrera F.Herrera 150.00 100-4330-52210 **1632 City Card 8/9/2022 City Credit Card Charges American Planning Association - APA Conference Registration R.Brown R.Brown 150.00 100-4330-52210 **1632 City Card 8/10/2022 City Credit Card Charges Instacart - Supplies for Menifee Citizen's Academy Economic Development 212.48 100-4350-51700 **1632 City Card 8/10/2022 City Credit Card Charges San Bernardino Community College District - Fire Marshall Training M.Daudert M.Daudert 125.00 100-4446-52211 **1632 City Card 8/11/2022 City Credit Card Charges American Planning Association - APA Conference Registration K.Luna K.Luna 625.00 100-4330-52210 **1632 City Card 8/11/2022 City Credit Card Charges American Planning Association - APA Conference Registration D.Darnell D.Darnell 625.00 100-4330-52210 **1632 City Card 8/11/2022 City Credit Card Charges American Planning Association - APA Conference Registration J.McMillen J.McMillen 625.00 100-4330-52210 **1632 City Card 8/11/2022 City Credit Card Charges IEDC - IEDC Conference Registration K.Hernandez K.Hernandez 999.00 100-4350-52211 **1632 City Card 8/12/2022 City Credit Card Charges Cooperative Training Assistance Program - Resident Engineer Training D.Guillen D.Guillen 360.00 100-4555-52211 **1632 City Card 8/15/2022 City Credit Card Charges TheTollRoads.com - Replenish City Fleet Fastrak Account Non Departmental 190.00 100-4221-51600 **1632 City Card 8/16/2022 City Credit Card Charges Target - Supplies for Citizen's Academy Economic Development -0.50 100-4350-51700 **1632 City Card 8/16/2022 City Credit Card Charges Target - Supplies for Citizen's Academy Economic Development 41.89 100-4350-51700 **1632 City Card 8/16/2022 City Credit Card Charges National Fire Protection Agency - Code Books for Fire Marshall Fire Marshall 361.01 100-4446-51600 **1632 City Card 8/16/2022 City Credit Card Charges Menifee Dry Cleaners - Dry Cleaning Table Cloths for Citizen's Academy Economic Development 40.00 100-4350-51700 **1632 City Card 8/16/2022 City Credit Card Charges Urbane Café - Meals for Economic Development Meeting Economic Development 272.96 100-4350-51600 **1632 City Card 8/17/2022 City Credit Card Charges Café Rio - Meals for DIF Meeting Finance 377.09 100-4220-51600 **1632 City Card 8/17/2022 City Credit Card Charges Signs 4 Realtors - Marketing Supplies for Economic Development Economic Development 161.61 100-4350-51720 **1632 City Card 8/17/2022 City Credit Card Charges Riverside County Sheriff - Supplies for Fire Marshall Fire Marshall 84.05 100-4446-51500 **1632 City Card 8/18/2022 City Credit Card Charges Café Rio - City Council Dinner City Council 270.79 100-4110-51600 **1632 City Card 8/23/2022 City Credit Card Charges LA Fitness - Gym Membership for Firestation 76 Fire 139.96 100-4445-52200 **1632 City Card 8/23/2022 City Credit Card Charges LA Fitness - Gym Membership for Firestation 76 Fire 104.97 100-4445-52200 **9962 City Card 8/12/2022 City Credit Card Charges Door Dash - Monthly Dash Pass Fee for City Related Meals Non Departmental 9.99 100-4221-51600 **9739 City Card 7/25/2022 City Credit Card Charges Target - Supplies for Community Services Community Services 106.19 100-4662-51011 **9739 City Card 7/29/2022 City Credit Card Charges Stater Bros - Supplies for Community Services Community Services 90.02 100-4662-51011 **9739 City Card 7/30/2022 City Credit Card Charges Knott's Berry Farm - Parking for Summer Field Trip Community Services 30.99 100-4662-51600 **9739 City Card 8/3/2022 City Credit Card Charges Supplies for Community Services Community Services -938.90 100-4221-51600 Item Title: 10.3
Warrant Register
Item Page Number: 18
Menifee Mayor and City Council
October 5, 2022
Page
29 of 549
City of Menifee
US Bank Credit Card Detail
Aug'22
Last
Four of
CC Cardholder
Date of
Transaction Description Description Detail
Charge
Initiated For:
Amount Account Number
to be charged
**9739 City Card 8/3/2022 City Credit Card Charges Full Source - Community Services Uniforms Community Services 526.51 100-4660-52400 **9739 City Card 8/3/2022 City Credit Card Charges Pins & Pockets - Summer Field Trip Community Services 600.00 100-4662-51600 **9739 City Card 8/3/2022 City Credit Card Charges Supplies for Community Services Community Services 938.90 100-4221-51600 **9739 City Card 8/4/2022 City Credit Card Charges Michaels - Supplies for Park Ranger Campfire Community Services 85.29 100-4663-51011 **9739 City Card 8/4/2022 City Credit Card Charges Stater Bros - Supplies for Community Services Community Services 91.68 100-4662-51011 **9739 City Card 8/5/2022 City Credit Card Charges Displays 2 Go - Sneeze Guard Clips for City Hall Community Services 62.32 116-4221-51501 **9739 City Card 8/10/2022 City Credit Card Charges Lake Shore - Supplies for Tiny Tots Program Community Services 348.24 100-4662-51011 **9739 City Card 8/10/2022 City Credit Card Charges Plaza Cleaners - Dry Cleaning Table Cloths for Community Services Community Services 328.60 100-4662-51011 **9739 City Card 8/11/2022 City Credit Card Charges Stater Bros - Supplies for Community Services Community Services 41.79 100-4662-51011 **9739 City Card 8/12/2022 City Credit Card Charges Café Rio - Meals for Community Services Meeting Community Services 551.93 100-4660-52211 **9739 City Card 8/14/2022 City Credit Card Charges 5.11 Inc. - Refund for Park Ranger Uniforms Community Services -130.50 100-4660-52400 **9739 City Card 8/15/2022 City Credit Card Charges Udemy - Canva Training C.Bollinger & S.Gibbon C.Bollinger & S.Gibbon 14.99 100-4660-52211 **9739 City Card 8/15/2022 City Credit Card Charges Peachjar.com - Flyers for Teen Programs Community Services 450.00 100-4662-51410 **9739 City Card 8/15/2022 City Credit Card Charges California Resource Recovery Association - CRRA Conference Registration K.Jones K.Jones 825.00 100-4660-52210 **9739 City Card 8/16/2022 City Credit Card Charges Full Source - Community Services Uniforms Community Services 270.41 100-4660-52400 **9739 City Card 8/22/2022 City Credit Card Charges Efavormart - Decorations for Day of the Dead Event Community Services 234.85 100-4662-51700 23-muerto **9739 City Card 8/22/2022 City Credit Card Charges Michaels - Supplies for Community Services Community Services 93.87 100-4662-51011 **9739 City Card 8/23/2022 City Credit Card Charges Statewide Mini Storage - Additional Storage for Community Services Community Services 285.00 100-4662-51600 **9739 City Card 8/24/2022 City Credit Card Charges Municipal Management Association of Southern California - MMASC Membership Dues M.Mitchell M.Mitchell 90.00 100-4660-52200 **9739 City Card 8/24/2022 City Credit Card Charges PRSA - Press Release Training C.Bollinger C.Bollinger 799.00 100-4660-52211 **9739 City Card 8/24/2022 City Credit Card Charges Signs 4 Realtors - Supplies for Community Services Community Services 263.83 100-4662-51011 **9739 City Card 8/24/2022 City Credit Card Charges Lowe's - Supplies for 9/11 Event Community Services 104.15 100-4662-51700 **0098 City Card 7/25/2022 City Credit Card Charges Petco - K9 Supplies PD 98.95 100-4911-52753 **0098 City Card 7/25/2022 City Credit Card Charges The Counseling Team - PD Training Q.Mercado Q.Mercado 307.97 100-4911-52211 **0098 City Card 7/25/2022 City Credit Card Charges American Airlines - Airfare for PD Training C.Harris C.Harris 480.20 100-4911-52211 **0098 City Card 7/25/2022 City Credit Card Charges IACP - IACP Conference Registration Ckarrer C.Karrer 600.00 100-4911-52211 **0098 City Card 7/25/2022 City Credit Card Charges Southwest - Airfare for PD Training C.Karrer C.Karrer 350.96 100-4911-52211 **0098 City Card 7/25/2022 City Credit Card Charges Southwest - Airfare for PD Training D.Gutierrez D.Gutierrez 350.96 100-4911-52211 **0098 City Card 7/25/2022 City Credit Card Charges Hilton San Diego - Hotel Accommodations for PD Training Q.Mercado Q.Mercado 212.95 100-4911-52211 **0098 City Card 7/26/2022 City Credit Card Charges Crisis Negotiation - PD Training H.Gutierrez H.Gutierrez 498.00 100-4911-52211 **0098 City Card 7/28/2022 City Credit Card Charges National Notary - Notary Supplies & Training E.Ybanez E.Ybanez 640.23 100-4332-52211 **0098 City Card 7/29/2022 City Credit Card Charges Blackhawk - Taser Holsters for PD PD 1195.16 100-4911-52751 **0098 City Card 8/1/2022 City Credit Card Charges El Pollo Loco - Meals for PD Volunteer Meeting PD 168.55 100-4911-52509 **0098 City Card 8/2/2022 City Credit Card Charges Mailchimp - Mailchimp Subscription for PD PD 59.00 100-4911-51720 **1016 City Card 7/26/2022 City Credit Card Charges Remarkable - Executive Office Supplies Executive Office 7.99 100-4111-51600 **1016 City Card 8/20/2022 City Credit Card Charges Uber - Transportation for City Manager A.Villa 28.94 100-4111-51600 **1016 City Card 8/20/2022 City Credit Card Charges Uber - Transportation for City Manager A.Villa 13.99 100-4111-51600 **1016 City Card 8/23/2022 City Credit Card Charges The Breakfast Club of Menifee - Meals for Executive Office Meeting Executive Office 56.19 100-4111-51600 **1016 City Card 8/24/2022 City Credit Card Charges Apple.com - Extra Storage for City Manager Iphone A.Villa 0.99 100-4111-51600 **4538 City Card 7/29/2022 City Credit Card Charges Chevron - Propane for Public Works Public Works 40.79 200-4552-51501 **4538 City Card 8/16/2022 City Credit Card Charges Rhomar Industries - Road Striping & Marking Supplies Public Works 451.62 200-4552-52603 59877.91
Item Title: 10.3
Warrant Register
Item Page Number: 19
Menifee Mayor and City Council
October 5, 2022
Page
30 of 549
CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2022-2 (Infrastructure), McLaughlin Village
MEETING DATE: October 5, 2022
TO: Mayor and City Council
PREPARED BY: Jizelle Sandoval, Financial Analyst
REVIEWED BY: Margarita Cornejo, Deputy Finance Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 2022-2, McLaughlin Village.
DISCUSSION
At the September 21, 2022 City Council meeting, this ordinance was introduced for first reading.
This is the required second reading and adoption. This ordinance will become effective 30 days from the date of adoption.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Location Map
2. Ordinance CFD 2022-2
Item Title: 10.4
Second
Reading
and
Adoption
of
an
Ordinance
to
Levy
Special
Taxes,
Community
Facilities
District
No.
2022-2
(Infrastructure), McLaughlin Village
Item Page Number: 1
Menifee Mayor and City Council
October 5, 2022
Page
31 of 549
PROJECT LOCATION MAP
COMMUNITY FACILITIES DISTRICT NO. 2022-2 (MCLAUGHLIN VILLAGE) Scott Rd
Lindenberger Rd
Item Title: 10.4 Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2022-2 (Infrastructure), McLaughlin Village Item Page Number: 2
Menifee Mayor and City Council October 5, 2022 Page 32 of 549
1 4
5 5
0 2
ORDINANCE NO. 2022-____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-2 (MCLAUGHLIN VILLAGE) OF
THE CITY OF MENIFEE AUTHORIZING THE LEVY OF SPECIAL TAXES WHEREAS, on August 3, 2022, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 22-1185 declaring its intention to form Community Facilities District No. 2022-2 (McLaughlin Village) of the City of Menifee (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and its Resolution No. 22-1186 declaring its intention to incur bonded indebtedness for the District; and WHEREAS, on September 21, 2022, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the proposed levy of a special tax therein to finance certain public facilities described in Resolution No. 22-1185 and to secure the payment of any bonded indebtedness of the District, and the proposed issuance of up to $6,000,000 of bonded indebtedness as described in Resolution No. 22-1186; and
WHEREAS, at the September 21, 2022 public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the proposed levy of the special tax to finance the facilities described in Resolution No. 22-1185 and to secure the payment of up to $6,000,000 of bonded indebtedness of the District as described in Resolution No. 22-1186 (the “Bonds”) were heard and a full and fair hearing was held; and WHEREAS, on September 21, 2022, the City Council adopted Resolution Nos. 22-1219 and 22-1220 which formed the District and called a special election within the District on September 21, 2022 on three propositions relating to the levy of a special tax within the District, the issuance of the Bonds and the establishment of an appropriations limit within the District; and WHEREAS, on September 21, 2022, a special election was held within the District at which the qualified electors approved by more than a two-thirds vote Propositions A, B and C authorizing the levy of a special tax within the District for the purposes described in Resolution No. 22-1221, the issuance of the Bonds as described in Resolution No. 22-1185 and establishing an appropriations limit for the District.
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:
Item Title: 10.4
Second
Reading
and
Adoption
of
an
Ordinance
to
Levy
Special
Taxes,
Community
Facilities
District
No.
2022-2
(Infrastructure), McLaughlin Village
Item Page Number: 3
Menifee Mayor and City Council
October 5, 2022
Page
33 of 549
2 4
5 5
9 0
4 5
5 0
2 Section 1.The above recitals are all true and correct.
Section 2.By the passage of this Ordinance, the City Council authorizes and levies special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Attachment C to Resolution No. 22-1185, which is incorporated by reference herein (the “Rate and Method”). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter until payment in full of the Bonds (including any bonds issued to refund the Bonds), payment of all costs of the public facilities and services authorized to be financed by the District, and payment of all costs of administering the District.
Section 3.Each of the Mayor, the City Manager, the Assistant City Manager, or their written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer-Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year, and with respect to the Special Tax, until the Bonds are paid in full, the facilities have been paid for, and provision has been made for payment of all of the administrative costs of the District.
Section 4.Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section F of the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. 22- 1219 or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act.
Section 5.All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method and Resolution No. 22-1220.
Section 6.The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.
Section 7.As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of the Bonds (including any bonds issued to refund the Bonds), together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds (including any bonds issued to refund the Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax, as authorized by the Act.
Item Title: 10.4
Second
Reading
and
Adoption
of
an
Ordinance
to
Levy
Special
Taxes,
Community
Facilities
District
No.
2022-2
(Infrastructure), McLaughlin Village
Item Page Number: 4
Menifee Mayor and City Council
October 5, 2022
Page
34 of 549
3 4
5 5
9 0
4 5
5 0
2 Section 8.The Mayor of the City shall sign this Ordinance and the City Clerk or any Acting City Clerk (referred to herein as the “City Clerk”) shall attest to the Mayor’s signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City of Menifee.
Section 9.The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act.
Section 10.The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer-Tax Collector of the County of Riverside, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.
Section 11.A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage.
Section 12.This Ordinance shall take effect thirty days after its final passage.
This Ordinance was introduced and read on the 21st day of September, 2022 and APPROVED AND ADOPTED this 5th day of October, 2022.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.4
Second
Reading
and
Adoption
of
an
Ordinance
to
Levy
Special
Taxes,
Community
Facilities
District
No.
2022-2
(Infrastructure), McLaughlin Village
Item Page Number: 5
Menifee Mayor and City Council
October 5, 2022
Page
35 of 549
CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2022-3 (Infrastructure), Legado
MEETING DATE: October 5, 2022
TO: Mayor and City Council
PREPARED BY: Jizelle Sandoval, Financial Analyst
REVIEWED BY: Margarita Cornejo, Deputy Finance Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 2022-3, Legado.
DISCUSSION
At the September 21, 2022 City Council meeting, this ordinance was introduced for first reading.
This is the required second reading and adoption. This ordinance will become effective 30 days from the date of adoption.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Location Map
2. Ordinance CFD 2022-3
Item Title: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
to
Levy
Special
Taxes,
Community
Facilities
District
No.
2022-3
(Infrastructure), Legado
Item Page Number: 1
Menifee Mayor and City Council
October 5, 2022
Page
36 of 549
ROUSE RD
MURRIETA
RD
MCCALL BLV D
MCLAUGHLIN RD
MENIFEE
RD
MATTHEWS
RD
ENCANTO
DR
PALOMAR
RD
ANTELOPE
RD
§¨¦215
^_CHAMBERS AVE
ROUSE RD
WATSON RD
MCCALL BLVD
SHERMAN RD
PALOMA WAY
PACKARD ST
MATTHEWS
RD
EVANS RD
RIDGEMOOR RD
BALDY PEAK DR BRADLEY
RDCONEJO
D R
·|}þ74
§¨¦215
CFD NO. 2022-3 (LEGADO)
PROJECT MAP
Item Title: 10.5
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2022-3 (Infrastructure), Legado Item Page Number: 2
Menifee Mayor and City Council
October 5, 2022
Page
37 of 549
ORDINANCE NO. 2022-___
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-3 (LEGADO) OF THE CITY OF
MENIFEE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2
WHEREAS, on August 3, 2022, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 22-1187 declaring its intention to form Community Facilities District No. 2022-3 (Legado) of the City of Menifee (the “District”) and Improvement Area No. 1 (“Improvement Area No. 1”) and Improvement Area No. 2 (“Improvement Area No. 2” and together with Improvement Area No. 1, the “Improvement Areas” and each an “Improvement Area”) therein pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and its Resolution No. 22-1188 declaring its intention to incur bonded indebtedness for each of Improvement Area No. 1 and Improvement Area No. 2; and WHEREAS, on September 21, 2022, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the designation of the Improvement Areas, the proposed levy of a special tax therein to finance certain public facilities described in Resolution No. 22-1187 and to secure the payment of any bonded indebtedness of the District for the Improvement Areas, and the proposed issuance of up to $40,000,000 of bonded indebtedness for Improvement Area No. 1 and up to $45,000,000 of bonded indebtedness for Improvement Area No. 2, as described in Resolution No. 22-1188; and
WHEREAS, at the September 21, 2022 public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District, the designation of the Improvement Areas and the proposed levy of the special tax to finance the facilities described in Resolution No. 22-1187 and to secure the payment of up to $40,000,000 of bonded indebtedness for Improvement Area No. 1 and of up to $45,000,000 of bonded indebtedness for Improvement Area No. 2 as described in Resolution No. 22-1188 (together, the “Bonds”) were heard and a full and fair hearing was held; and
WHEREAS, on September 21, 2022, the City Council adopted Resolution Nos. 22-1222 and 22-1223 which formed the District, designated the Improvement Areas and called a special election within each of Improvement Area No. 1 and Improvement Area No. 2 on September 21, 2022 in each case on three propositions relating to the levy of a special tax within each Improvement Area, the issuance of the Bonds by the District for each Improvement Area and the establishment of an appropriations limit within the District; and WHEREAS, on September 21, 2022, a special election was held within Improvement Area No. 1 at which the qualified electors therein approved by more than a two-thirds vote Propositions A, B and C set forth in Attachment B to Resolution No. 22-1224, authorizing the levy of a special tax within Improvement Area No. 1 for the purposes described in Resolution No. 22-1187, the issuance of the Bonds for Improvement Area No. 1 as described in Resolution No. 22-1187 and establishing an appropriations limit for the District; and WHEREAS, o n Septembe r 21, 2 022, a special election was h eld with in Improvement Area No. 2 at which th e
qualified e lectors therei n app roved by more tha n a two-th irds vote Item Title: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
to
Levy
Special
Taxes,
Community
Facilities
District
No.
2022-3
(Infrastructure), Legado
Item Page Number: 3
Menifee Mayor and City Council
October 5, 2022
Page
38 of 549
2 Propositions D, E and F set forth in Attachment C to Resolution No. 22-1224 authorizing the levy of a special tax within Improvement Area No. 2 for the purposes described in Resolution No. 22-1187 , the issuance of the Bonds for Improvement Area No. 2 as described in Resolution No. 22-1187 and establishing an appropriations limit for the District; and NOW, THEREFORE, the C ity Council of the City of Menifee, California does ordain as follows:
Section 1. The above recitals are all true and correct.
Section 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within Improvement Area No. 1 and Improvement Area No. 2 pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Attachment C to Resolution No. 22-1187 as to Improvement Area No. 1 and the rate and method of apportionment set forth in Attachment D to Resolution No. 22- 1187 as to Improvement Area No. 2, which are incorporated by reference herein (each a “Rate and Method”). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method for such Improvement Area and in each fiscal year thereafter until payment in full of the Bonds issued by the District for such Improvement Area (including any bonds issued to refund the Bonds), payment of all costs of the public facilities and services authorized to be financed by the District for such Improvement Area, and payment of all costs of administering the District allocable to such Improvement Area.
Section 3. Each of the Mayor, the City Manager, the Assistant City Manager, or their written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within Improvement Area No. 1 and Improvement Area No. 2, in the manner and as provided in the Rate and Method applicable to such Improvement Area. The special tax rate levied on a parcel pursuant to each Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer-Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax within each Improvement Area, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District for such Improvement Area in each fiscal year, and with respect to Special Tax, until the Bonds issued by the District for such Improvement Area are paid in full, the facilities financed for such Improvement Area have been paid for, and provision has been made for payment of all of the administrative costs of the District.
Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax for each Improvement Area, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section F of each Rate and Method. No other properties or entities within each of the Improvement Areas are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. 22-1222 or in a resolution of consideration to levy a new special tax or special taxes or to alter the applicable Rate and Method or an existing special tax as provided in Section 53334 of the Act.
Section 5. All of the collections of the special tax within each Improvement Area shall be used as provided for in the Act, the Rate and Method for such Improvement Area and Resolution No. 22-1223.
Item Title: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
to
Levy
Special
Taxes,
Community
Facilities
District
No.
2022-3
(Infrastructure), Legado
Item Page Number: 4
Menifee Mayor and City Council
October 5, 2022
Page
39 of 549
3 Section 6. The special tax within each Improvement Area shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.
Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of the Bonds issued by the District for an Improvement Area (including any bonds issued to refund such Bonds), together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on such Bonds (including any bonds issued to refund such Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax within the applicable Improvement Area, as authorized by the Act.
Section 8. The Mayor of the City shall sign this Ordinance and the City Clerk or any Acting City Clerk (referred to herein as the “City Clerk”) shall attest to the Mayor’s signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City of Menifee.
Section 9. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act.
Section 10. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer-Tax Collector of the County of Riverside, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.
Section 11. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage.
Section 12. This Ordinance shall take effect thirty days after its final passage.
Item Title: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
to
Levy
Special
Taxes,
Community
Facilities
District
No.
2022-3
(Infrastructure), Legado
Item Page Number: 5
Menifee Mayor and City Council
October 5, 2022
Page
40 of 549
4 This Ordinance was introduced and read on 21st day of September, 2022 and APPROVED AND ADOPTED this 5th day of October, 2022.
ATTEST: APPROVED:
Stephanie Roseen, Acting City Clerk Bill Zimmerman, Mayor APPROVED AS TO FORM:
Jeffrey T. Melching, City Attorney
Item Title: 10.5
Second
Reading
and
Adoption
of
an
Ordinance
to
Levy
Special
Taxes,
Community
Facilities
District
No.
2022-3
(Infrastructure), Legado
Item Page Number: 6
Menifee Mayor and City Council
October 5, 2022
Page
41 of 549
CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of Ordinances for the First and Second Amendments to the Commerce Pointe Development
Agreement
MEETING DATE: October 5, 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
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt an ordinance approving the first amendment to the Commerce Pointe Development Agreement; and
2. Adopt an ordinance approving the second amendment to the Commerce Pointe Development Agreement.
DISCUSSION
At the September 21, 2022 City Council meeting, the City Council introduced the first reading of ordinances approving the first and second amendments to the Commerce Pointe development agreement. The agreement provides the applicant greater certainty with respect to the use of the property in the future in exchange for a public benefit. This is the required second reading and adoption. The ordinances would become effective 30 days from the day of the adoption.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
If approved, the development agreement amendments indicate a total public benefit of $2,750,000.
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 1
Menifee Mayor and City Council
October 5, 2022
Page
42 of 549
City of Menifee Staff Report
First and Second Amendments to Commerce Pointe Development October 5, 2022
1 2
2 2
ATTACHMENTS
1. Ordinance - First Amendment to Development Agreement
2. Development Agreement - First Amendment
3. Ordinance - Second Amendment to Development Agreement
4. Development Agreement - Second Amendment
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 2
Menifee Mayor and City Council
October 5, 2022
Page
43 of 549
ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, APPROVING THE FIRST AMENDMENT TO COMMERCE
POINTE DEVELOPMENT AGREEMENT BETWEEN CITY OF MENIFEE AND SCOTT ROAD PARTNERS LLC.
WHEREAS, On November 20, 2013, the City Council adopted Ordinance No. 2013-133 approving Development Agreement No. 2012-116 for property which was known as Commerce Pointe I and Commerce Pointe II; and
WHEREAS, on March 30, 2022, Scott Road Partners LLC filed a formal application (PLN22-071) with the City of Menifee for the approval of two amendments to Development Agreement No. 2012-116 for the Commerce Pointe project within the City; and WHEREAS, the request is to amend the existing Commerce Pointe Development Agreement (DA 2012-116) by extending the term for the original vested rights/buildings an additional five years to December 19, 2028, as well as extend the term for uses under the I-P zone for the useful life of the buildings, with associated public benefits; and WHEREAS, the first amendment to the Development Agreement has been prepared, processed, reviewed, heard, and approved in accordance with applicable law, including but not limited to Section 65864 et seq. of the Government Code; and WHEREAS, all impacts related to the Development Agreement and previous development approvals were analyzed in an Environmental Impact Report (SCH 2006121062) prepared for the original plot plan applications (PP21452/22280/2009-006), which was adopted by the City of Menifee City Council on November 20, 2013; and WHEREAS, the first amendment to the Development Agreement would promote the public convenience, general welfare, and good land use practices, and is in the best interest of the community; and
WHEREAS, the first amendment to the Development Agreement would not adversely affect the orderly development of property and surrounding area, or the preservation of property values; and
WHEREAS, the first amendment to the Development Agreement would promote and encourage the development of the proposed project by providing a greater degree of requisite certainty; and
WHEREAS, the first amendment to the Development Agreement strengthens the public planning process, encourages private participation in comprehensive planning, and reduces the economic costs of development uncertainty; and
WHEREAS, the first amendment to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is or will be located, including any policy plan overlay applicable to the property; and Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 3
Menifee Mayor and City Council
October 5, 2022
Page
44 of 549
4 5
5 2
6 WHEREAS, approval of the first amendment to the Development Agreement will provide a substantial benefit to the community; and
WHEREAS, the first amendment to the Development Agreement would not be detrimental to the public health, safety, or welfare of the community; and WHEREAS, the City Clerk has caused notice to be duly given of a public hearing in this matter in accordance with law, as evidenced by the affidavit of publication and the affidavit of mailing on file with the City Clerk; and
WHEREAS, a copy of the report and said EIR have been on file in the Office of the City Clerk and available for examination during regular business hours by any interested person, at all times since the date of giving notice in this matter; and WHEREAS, on August 10, 2022, the Planning Commission held a duly noticed public hearing at which the Planning Commission considered the proposed amendments to the Development Agreement and those persons desiring to be heard on said matters were heard and evidence in said matters received; and
WHEREAS, at its August 10, 2022 public hearing, the Planning Commission adopted Resolution No. PC 22-568 recommending approval to the City Council of an ordinance approving the first amendment to the Development Agreement; and WHEREAS, on September 21, 2022, the City Council held a duly noticed public hearing regarding the proposed first amendment to the Development Agreement and those persons desiring to be heard on said matters were heard and evidence in said matters received and on each said date the hearing was opened, held, and continued; and NOW, THEREFORE, the City Council of the City of Menifee hereby ordains as follows:
SECTION 1. The Findings set out above are true and correct.
SECTION 2. The proposed development agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan.
The project site is designated Economic Development Corridor – Southern Gateway (EDC-SG), however the Development Agreement vests the County Ordinance No. 348 Industrial Park (IP) designation. The intent of this land use designation is to allow business park (predominantly light industrial and office uses). Additionally, the project was previously entitled under Plot Plan No. 2009-006 and Development Agreement No 2012-116. The proposed amendment does not change the approved entitlements and therefore, it will continue to be in conformance to the zoning, design guidelines and development standards of the IP designation, and the requirements of the General Plan.
The project as approved, continues to be consistent with the following General Plan policies:
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 4
Menifee Mayor and City Council
October 5, 2022
Page
45 of 549
4 5
5 2
6 Project Design
CD-3.5 Design parking lots and structures to be functionally and visually integrated and connected; off-street parking lots should not dominate the street scene.
Perimeter landscaping has been included in the project design to visually screen the parking lot from surrounding roadways. All proposed structures will utilize similar materials and architectural features and, therefore, will be functionally and visually integrated.
CD-3.8 Design retention/detention basins to be visually attractive and well-integrated with any associated project and with adjacent land uses.
The basins proposed within the project will be landscaped and well-integrated into the overall plant palette of the center.
Building Design
CD-3.10: Employ design strategies and building materials that evoke a sense of quality and permanence.
The project includes quality architectural construction and features, including decorative lighting, glazing, cornice, reveals, and architectural insets and offsets.
CD-3.13 Utilize architectural design features (e.g., windows, columns, offset roof planes, etc.) to vertically and horizontally articulate elevations in the front and rear of buildings.
The buildings are well articulated, utilizing glazing, vertical architectural elements, offset roof and wall planes, recesses and pop-outs, and surface material and paint color changes. As a result, these buildings are vertically and horizontally articulated in front and rear of buildings.
CD-3.14: Provide variations in color, texture, materials, articulation, and architectural treatments. Avoid long expanses of blank, monotonous walls or fences.
The proposed buildings are well articulated, utilizing substantial glazing, offset roof and wall planes, recesses and pop-outs, and surface material and paint color changes. As a result, the project avoids the use of long expanses of blank, monotonous walls.
CD-3.22: Incorporate visual buffers, including landscaping, equipment and storage area screening, and roof treatments, on properties abutting either Interstate 215 or residentially designated property.
The property is adjacent to the I-215 and it includes enhanced landscaping areas with trees to effectively reduce the massing of the buildings.
Signage
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 5
Menifee Mayor and City Council
October 5, 2022
Page
46 of 549
4 5
5 2
6 CD-6.7 Integrate project signage into the architectural design and character of new buildings.
The project has been conditioned to submit for and obtain approval of a master sign program which will integrate architectural features into the signs that are also found on the buildings consistent with the project’s architectural theme.
Noise
N-1.8 Locate new development in areas where noise levels are appropriate for the proposed uses. Consider federal, state, and City noise standards and guidelines as a part of new development review.
The project included a consistency analysis with the adopted Environmental Impact Report (EIR) pursuant to CEQA and concluded that it would not exceed applicable local and state noise regulations.
Properties to the north are developed with business park uses, whereas properties to the south generally vacant or underdeveloped. As modified, the project is compatible with the surrounding General Plan land uses.
SECTION 3.The proposed development agreement is compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is or will be located.
The project is zoned Economic Development Corridor Southern Gateway (EDC-SG) however under the existing Development Agreement is vested under County Ordinance No. 348 Industrial Park (IP) zone which allows for a variety of industrial/business park uses. Currently, the EDC-SG zone does not allow for warehousing facilities, however, the approved and vested project was entitled prior to the zoning code amendment that prohibited warehousing facilities.
Therefore, the project as approved is consistent with existing agreement and development standards including parking and landscaping.
SECTION 4.The proposed development agreement is in conformity with and will promote public convenience, general welfare and good land use practice.
The project is located on the east side of Zeiders Road, both north and south side of Ciccotti Street. The Project is compatible with the surrounding land uses, General Plan land use designations, and zoning classifications and is adequately sized, shaped, designed and located to accommodate the proposed uses.
The project incorporates quality design, and other improvements which will enhance and benefit the area upon construction. The Development Agreement provides for the orderly construction of road improvements, utilities, drainage and other improvements. The proposed amendment to the approved Development Agreement is in conformity with and will promote public convenience, general welfare and good land use practice.
SECTION 5. The development agreement will not be detrimental to the health, safety and general welfare within the City.
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 6
Menifee Mayor and City Council
October 5, 2022
Page
47 of 549
4 5
5 2
6 The Development Agreement will not result in conditions detrimental to the public health, safety, or general welfare. The associated entitlements have been reviewed and conditioned by the City of Menifee Community Development, Engineering, Building and Safety and Fire Departments to ensure that it will not create conditions materially detrimental to the surrounding uses. Conditions of approval include substantial landscaping, roadway improvements consistent with the General Plan, fire infrastructure, and drainage improvements that will benefit the Project site and surrounding areas.
In addition, all impacts related to the Development Agreement and previous development approvals were analyzed in an Environmental Impact Report (SCH 2006121062) prepared for the original plot plan applications (PP21452/22280/2009-006), which was adopted by the City of Menifee City Council on November 20, 2013.
SECTION 6.The proposed development will not adversely affect the orderly development of the property or the preservation of property values.
The proposed Development Agreement would assist with and would not interfere with the development of the Project site and the uses proposed under Plot Plan No. 21452/22280/2009- 006, which would not adversely affect the orderly development of the surrounding area. The Development Agreement would not modify the uses allowed under the original approval. The Development Agreement would not conflict with surrounding existing and planned land uses and would not have the potential to adversely affect property values.
SECTION 7.The proposed development agreement will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty for the developer.
The assurances provided to the applicant through the Development Agreement, such as vesting of Development Impact Fees, clarification of vested uses would provide greater certainty, reduced risk, and offset development costs that would encourage development as approved under the Plot Plan and the infrastructure associated with it that would serve the surrounding area.
SECTION 8. The proposed development agreement that includes a subdivision, and any tentative map prepared for the subdivision, will comply with the provisions in Government Code Section 66473.7.
The subdivision for this project has been approved and the map has recorded.
SECTION 9. The City Council approves the first amendment to the Commerce Pointe Development Agreement set forth in Exhibit "1" of this Ordinance.
SECTION 10.The first amendments to the Development Agreement is applicable to the area of the City of Menifee as legally described in the Development Agreement.
SECTION 11. The City Manager, or his or her delegee, is directed and authorized to do all of the following:
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 7
Menifee Mayor and City Council
October 5, 2022
Page
48 of 549
4 5
5 2
6 a. prepare a final version of the Development Agreement for execution and recording that fully reflects the action of the City Council in adopting the Development Agreement; and
b. make all necessary and appropriate clerical, typographical, and formatting corrections to the adopted Development Agreement prior to execution and recording.
SECTION 12.This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.
SECTION 13. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage and adoption of this Ordinance and cause this Ordinance to be published using the alternative summary and posting procedure authorized under Government Code Section 36933.
This Ordinance was introduced for first reading on September 21, 2022, and PASSED, APPROVED, AND ADOPTED this 5th day of October 2022.
Bill Zimmerman, Mayor
Approved as to form:
Jeffrey T. Melching, City Attorney
Attest:
Stephanie Roseen, Acting City Clerk
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 8
Menifee Mayor and City Council
October 5, 2022
Page
49 of 549
October 5, 2022
City Council
4 5
1 5
8 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Menifee
29844 Haun Road
Menifee, CA 92586Attn: City Clerk
(Space Above Line For Recorder’s Use Only)
(Exempt from Recording Fees Per Gov’t Code 27383)
FIRST AMENDMENT TO CITY OF MENIFEE DEVELOPMENT AGREEMENT 2012-116:
ORIGINALLY: “DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MENIFEE AND ZEIDERS ROAD BUSINESS PARK, INC. AND COMMERCE POINTE II MENIFEE INC.
REGARDING THE COMMERCE POINTE PROJECT”
BY AND BETWEEN
THE CITY OF MENIFEE
AND
SCOTT ROAD PARTNERS LLC
REGARDING
SCOTT ROAD COMMERCE CENTER I AND SCOTT ROAD COMMERCE CENTER II (formerly known as “Commerce Pointe”)
Original Effective Date: December 20, 2013
First Amendment Effective Date: November 4, 2022
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 9
Menifee Mayor and City Council
October 5, 2022
Page
50 of 549
1 FIRST AMENDMENT TO CITY OF MENIFEE DEVELOPMENT AGREEMENT 2012-116 Scott Road Commerce Center I and Scott Road Commerce Center II (formerly known as “Commerce Pointe”)
This First Amendment to City of Menifee Development Agreement 2012-116 (“First Amendment”) is entered into between the City of Menifee, a municipal corporation (“City”), and Scott Road Partners LLC (“Landowner”). City and Landowner shall be referred to collectively within this First Amendment as the “Parties” and individually as a “Party.”
RECITALS
A.The Development Agreement.
1.The Original Approval. On November 20, 2013, the City Council of the City of Menifee (“City Council”) adopted Ordinance No. 2013-133 approving Development Agreement No. 2012- 116 (“DA”) for property which was then known as Commerce Pointe I and Commerce Pointe II and is described in the DA and Paragraph 2 of this First Amendment (“Property”). The original parties to the DA were (i) the City and (ii) Zeiders Road Business Park, Inc., a California corporation, and Commerce Pointe II Menifee, Inc., a California corporation (collectively “Original Landowner”).
2.The Original Term. The effective date of the DA was December 20, 2013 (“Original Effective Date”). December 19, 2023, is the final day of the original ten-year term of the DA (“Original Term”). A copy of the DA is attached to this First Amendment as Exhibit “A”. The relationship between this First Amendment and the DA is set forth in Paragraph 3 below.
3.The Property. The Property is described on Exhibit “B” and shown on Exhibit “C” to this First Amendment.
4.Second Amendment. Concurrently with the negotiation and approval of this First Amendment pursuant to Ordinance No. ______, the Parties negotiated and the City Council approved a second and separate amendment to the DA (“Second Amendment”) pursuant to Ordinance No. _______. It is the intent of the Parties that the First Amendment and Second Amendment shall be deemed to have been entered into and operate concurrently to the extent provided in each of those amendments. Ordinance No. _____ and Ordinance No. _____ shall be jointly referred to as the “Adopting Ordinances” and the date on which they become effective under California law shall be referred to as the “Amendment Effective Date.”
B.Landowner’s Acquisition. In 2021, Landowner acquired the Property and the building that had been constructed at that time on the Property. Original Landowner’s rights and obligations under the DA have been assigned or transferred to Landowner. Landowner is bound by the obligations under the DA and entitled to the rights granted under the DA.
C.Original Vested Rights. Section 2.7 of the DA defines “Existing Land Use Regulations.” In turn, the Existing Land Use Regulations specifically include Article X (I-P Zone – Industrial Park Regulations) of Riverside County Zoning Ordinance (Ord. 348), which was incorporated into the Menifee Municipal Code as of the Original Effective Date (“I-P Regulations”). A copy of the I-P Regulations is attached as Exhibit “D”.
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 10
Menifee Mayor and City Council
October 5, 2022
Page
51 of 549
2 Section 7.1 of the DA defined the scope of Landowner’s vested rights that were granted by the DA for the term of the DA (“Original Vested Rights”). Among the Original Vested Rights are:
•The right to develop the Property in accordance with, among other things, the Existing Land Use Regulations.
•The right to use the Property (“Original Vested Uses”) in accordance with, among other things, the Existing Land Use Regulations and, therefore, the I-P Regulations.
D.Project Status. The development of the Property was approved in 2013 for 51 buildings totaling 827,777 square feet of construction through the adoption of Resolutions 09-66 and 09-67.
Subsequently, pursuant to Plot Plan No. 2016-126 and PLN 21-0216, the Property’s entitlements were modified to allow a total of five buildings (“Project Buildings”) and a total of 701,687 square feet (“Project”). As of the date of this First Amendment:
•One Project Building totaling 72,835 square feet is complete and occupied. •A second Project Building totaling 84,312 square feet, is currently under construction. •The final three Project Buildings (“Buildings 3, 4, and 5”) totaling 544,540 square feet were in plan check as of July 26, 2022, and it is anticipated will have completed plan check and will be under construction by the Amendment Effective Date.
E.City’s Zoning Amendment. On March 2, 2022, the City Council adopted certain Industrial Good Neighbor Policies to provide local government and developers with ways to address environmental and neighborhood compatibility issues associated with permitting warehouse, logistics, and distribution centers (“Industrial Good Neighbor Policies”). On March 16, 2022, the City Council adopted Change of Zone No. PLN21-0408, amending definitions and permitted uses in select Economic Development Corridor subareas, including the Southern Gateway subarea (“Zone Change”). The Project is located in the Southern Gateway subarea.
F.Original Public Benefits. As consideration for the City granting vested rights to the Original Landowner through the end of the Original Term, the Original Landowner provided to the City the public benefits set forth in Recital F of the DA (“Original Public Benefits”).
G.Status of Original Public Benefits. Landowner and Original Landowner have satisfied their obligations to provide the Original Public Benefits to the City.
H.New Public Benefits. As consideration for entering into this First Amendment, Landowner will provide to the City the following “New Public Benefits”:
1.First Amendment Payment. Landowner will make a single lump sum payment to the City of $2,500,000 (the “First Amendment Payment”) within three business days after receiving written notice from the City that each of the following events has occurred:
a. The First and Second Amendments have been signed by the City (the Parties understand and agree that this First Amendment shall be properly executed by Landowner and delivered to the City prior to City Council approval of the Adopting Ordinances, but that Landowner’s signing the First Amendment shall not be binding, and this First Amendment shall have no legal effect on any Party whatsoever if, after the delivery of the signed First Amendment to the City by Landowner, the City Council (i) changes a single word in the First Amendment, other than the addition of dates, Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 11
Menifee Mayor and City Council
October 5, 2022
Page
52 of 549
3 signatures, ordinance numbers, project status updates in Recital D, typographical corrections, and similar technical matters and matters of form in the First Amendment and the Exhibits, or (ii) adds any condition whatsoever to the approval of the First Amendment without the prior written consent of Landowner); b. The City has timely filed and the County has posted a single Notice of Determination for both the First and Second Amendments and the Adopting Ordinances (“NOD”).
The NOD shall be filed by the City no more than five (5) days following the approval of the Adopting Ordinances; and
c. The Adopting Ordinances have become effective without a referendum applicable to either the First or Second Amendment having been timely submitted (i.e., presented to the City Clerk with a legally sufficient number of signatures within 30 days following the approval of the Adopting Ordinances), both the First and Second Amendments have been recorded with the Riverside County Recorder, and a copy of both the First and Second Amendments showing the official Recorder’s stamp have been provided to Landowner.
Such funds shall be used by the City toward the construction of an as-yet-undetermined public facility, to be identified by the City in its sole discretion.
2.Elimination of Certain Original Vested Uses. Beginning on the Amendment Effective Date, the following Original Vested Uses currently allowed under the I-P Regulations will not be permitted on the Property during the remainder of the term of the DA, as extended by this First Amendment (“Eliminated Vested Uses”):
a. From within the range of “parcel delivery services” covered by Section 10.1(a)(1)(g)(9) of the I-P Regulations, those that meet each of these criteria: (i) consist of dedicated “last-mile” terminals of FedEx, UPS, Amazon, Walmart, DHL, or OnTrac and (ii) are primarily used to process and deliver e-commerce packages to their final destinations and (iii) conduct incoming and outgoing deliveries for more than 16 hours per day. b. Recycling Collection Facilities covered by Section 10.1(a)(1)(g)(10). c. Vehicle Storage and Impoundment covered by Section 10.1(a)(1)(e)(1). d. Recycling processing facilities covered by Section 10.1(b)(3). e. Sex-oriented businesses covered by Section 10.1(c).
The Original Vested Uses less the Eliminated Vested Uses are referred to within this First Amendment as the “Remaining Vested Uses.”
3.Waiver of Claims. Irrespective of whether the claims were asserted by Landowner or any other party, Landowner on behalf of itself and its agents, officers, and affiliates waives and releases, as of the Amendment Effective Date, all claims that it has or may have in any way arising from or relating to the adoption of (i) the Zone Change and (ii) the Industrial Good Neighbor Policies. Without limiting the generality of the foregoing, this waiver and release Item Title: 10.6
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Item Page Number: 12
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October 5, 2022
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4 includes, but is not limited to, all claims asserted in letters from Landowner’s attorney to the City Council dated March 1, 2022, and March 2, 2022.
I.Landowner’s Perspective. As the Original Term nears its end and Buildings 3, 4, and 5 are anticipated to soon be under construction, Landowner has the following concerns which motivate Landowner to enter into this First Amendment:
•Landowner and Original Landowner have invested and are continuing to invest considerable sums in both the acquisition of the Property and the entitlement and construction of the Project Buildings.
•When Landowner acquired the Property, it was Landowner’s business expectation that the Project Buildings would be constructed and used for a reasonable period of time during and after the Original Term consistent with the Original Vested Rights. •The Project Buildings have been designed and have been or are being constructed to accommodate specific Original Vested Uses which require buildings of a certain size, configuration, and location.
•Landowner understands that, without this First Amendment, uses in place within the Project Buildings when the Original Term ends on December 19, 2023, will be allowed to continue to operate, subject to the terms of the City’s non-conforming use ordinance. •Due to economic, market, and other conditions, including the historic pandemic beginning in 2020, construction of all of the Project Buildings will not be complete until, at best, the final year of the Original Term.
•Prior to the adoption of the Zone Change and the Industrial Good Neighbor Policies, Landowner communicated in writing its potential legal claims to the City pertaining to the implications of the Zone Change and the Industrial Good Neighbor Policies upon the Property and the DA.
•To achieve greater certainty with respect to the use of the Property in the future, Landowner has requested the City to extend the term of the DA to assure that (i) in the short-term, the construction of the Project Buildings will be completed while the DA is in effect and (ii) in the longer term, the Project Buildings can be used for the Remaining Vested Uses for which they were designed and constructed. •In return for an extension of the term of the DA, Landowner is willing to provide the New Public Benefits to the City.
J.City’s Perspective. City contends that Landowner’s claims pertaining to the Zone Change and the Industrial Good Neighbor Policies are without merit, but is nevertheless motivated to consider this First Amendment for the following reasons:
•This First Amendment removes the Eliminated Vested Uses from the list of uses Landowner may pursue on the Property during the remainder of the Original Term, and following the expiration of the Original Term.
•Without this First Amendment, Landowner would retain the ability to conduct the Original Vested Uses through the end of the Original Term, and to thereafter perpetuate those established uses under City’s nonconforming use ordinances.
Item Title: 10.6
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First
and
Second
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Commerce
Pointe
Development Agreement
Item Page Number: 13
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October 5, 2022
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5 •This First Amendment will provide substantial funding toward the construction of a public facility to be identified by the City in its sole discretion. •This First Amendment will avoid the cost and uncertainty of defending against a legal challenge to the Zone Change and/or Industrial Good Neighbor Policies brought by Landowner, its agents, officers, and affiliates.
K.Public Hearings. On August 10, 2022, at a properly-noticed public hearing, the City’s Planning Commission reviewed and recommended that the City Council approve this First Amendment.
L.City Council Action. On September 21, 2022, the City Council conducted a properly-noticed public hearing in accordance with Chapter 9.45 of Article 2 of Title 9 of the Menifee Municipal Code (“Development Agreement Ordinance”). Following the public hearing, the City Council introduced and conducted a first reading of the Adopting Ordinance for the First Amendment.
At a properly-noticed public meeting on October 5, 2022, the City Council conducted a second reading of and adopted the Adopting Ordinance for the First Amendment, making the Amendment Effective Date November 4, 2022.
M.Findings. In approving the Adopting Ordinance for the First Amendment, the City Council found that this First Amendment (i) is consistent with the City's General Plan and the presently applicable zoning for the Property 1, (ii) is in the best interests of health, safety, and general welfare of the City, its residents, and the public, (iii) is entered into pursuant to and constitutes a present exercise of the City’s police power, and (iv) is entered into pursuant to Government Code Section 65868 and the Development Agreement Ordinance, which authorize the City to enter into modifications, including extensions of time, to a previously approved and effective Development Agreement.
N.Purpose of First Amendment. It is the intent of the Parties that this First Amendment will (i) provide to both the City and Landowner ongoing assurances and certainty with respect to the development and use of the Property, (ii) provide significant benefits, in the form of vested rights, to Landowner beyond those Landowner already has received as consideration for entering into the DA, (iii) provide significant New Public Benefits to the City beyond those the City already has received as consideration for entering into the DA, and (iv) resolve disagreements between the Parties with respect to the Zone Change and the Industrial Good Neighbor Polices as they relate to the development and use of the Property.
AGREEMENT
For the consideration set forth below, the Parties agree as follows:
1.Incorporation of Recitals. The Recitals above are intended to serve as a substantive part of this First Amendment. Without limiting and to clarify the foregoing:
a.Landowner shall deliver the “First Amendment Payment” described in Recital H1 at the time and in the manner specified in Recital H1. If Landowner fails to timely deliver the First Amendment Payment to City, City may, upon provision of written notice to Landowner, unilaterally terminate this First Amendment.
1 Because the DA remains in effect at the time of this First Amendment, the Zone Change is not currently applicable to the Property.
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Development Agreement
Item Page Number: 14
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6 b.Any alleged default with respect to the “Elimination of Certain Original Vested Uses” described in Recital H2 shall be addressed in the manner set forth in Section 15 of the DA. c.The “Waiver of Claims” described in Recital H3 shall be deemed effective without any further action by Landowner upon delivery of the First Amendment Payment. d.This First Amendment shall be effective as of the November 4, 2022, the Amendment Effective Date. It shall not become “operative” (meaning that the Parties will receive their respective benefits from the First Amendment) unless and until the First Amendment Payment is timely delivered to the City by Landowner.
2.Property. As of the Amendment Effective Date, Landowner holds legal title to the Property. The Property is comprised of (i) Assessor Parcel Nos. 384-180-051 and 384-180-052 (now known as "Scott Road Commerce Center I") and (ii) Assessor Parcels Nos. 384-150-009, -010, and -011 (now known as "Scott Road Commerce Center II"). For clarity, the property described on Exhibit “B” and shown on Exhibit “C” is the same as the property described on Exhibit A to the DA.
3.Relationship to DA. This First Amendment amends, but does not replace, the DA. The Original Effective Date of the DA remains December 20, 2013, irrespective of the Amendment Effective Date. References to the “Agreement” in the DA shall be deemed to refer to the DA as modified by the First and Second Amendments, unless to do so would conflict with the express intent of either the First or Second Amendment. When considered in conjunction with the DA which it amends, however, this First Amendment shall be interpreted and applied to implement the intent of each of this First Amendment’s provisions, subject to the following:
a.Provisions Not Modified. Except as provided in the First and Second Amendments, including Paragraph 4 below, the original provisions of the DA shall remain in full force and effect. b.Resolution of Inconsistencies. If a provision of this First Amendment is inconsistent with, conflicts with, or impedes the full implementation of a provision of the DA that has not been expressly deleted or modified by either this First Amendment or the Second Amendment, the First Amendment provision shall prevail over the original language in the DA, but only to the extent needed to fully implement the First Amendment provision and the stated intent of this First Amendment. When considered in conjunction with the Second Amendment, this First Amendment shall be interpreted and applied in a manner consistent with the Second Amendment’s provisions.
4.Litigation Contingencies.
a.Extension of Term of First Amendment. If litigation is filed by a third party which seeks to invalidate either the First or the Second Amendment or either of the Adopting Ordinances (“Adverse Litigation”), then, upon the filing of that Adverse Litigation both the Extended Development Term and the Extended Use Term (as described in the modification to Section
6.2 set forth in Paragraph 5k below) shall automatically be further extended for a period equal to the length of time from the filing of the Adverse Litigation until the Adverse Litigation is “final.”2 The maximum of each of these extensions, however, shall be three (3) years. 2 All references within this First Amendment to litigation being “final” shall mean that the litigation has concluded, whether by judgment, dismissal, settlement, or otherwise, and all applicable appeal rights have been exhausted or expired.
Item Title: 10.6
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Adoption
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Ordinances
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the
First
and
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to
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Commerce
Pointe
Development Agreement
Item Page Number: 15
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October 5, 2022
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7 b.Return of First Amendment Payment. If the First Amendment Payment has been made to City by Landowner and a court of law subsequently invalidates the First Amendment and all Adverse Litigation related to the First Amendment is final, then:
•Within forty five (45) days after Landowner’s written request, the City shall return the First Amendment Payment with interest based upon the Local Agency Investment Funds (LAIF) from the date the First Amendment Payment was delivered to the City through the date the First Amendment Payment was returned to Landowner (the “Returned Funds”).
•Upon receipt of the Returned Funds, Landowner shall provide an express disclaimer and waiver by Landowner of any rights under or relating to this First Amendment, effective upon delivery of the Returned Funds to Landowner by the City.
The provisions of this Paragraph 4 shall survive the termination of this First Amendment.
5.Specific Modifications and Updates. On the Amendment Effective Date, the Recitals and all other provisions of this First Amendment, along with the following updated information and changes to the DA, shall be deemed to modify the DA; provided, however that under Paragraph 1(d), such modifications shall not become operative unless and until the First Amendment Payment is timely delivered to the City by Landowner. Where terms defined in this First Amendment, but not used originally in the DA, are used in the provisions of the DA which are modified by this First Amendment, they shall have the defined meaning given to them by this First Amendment. (For purposes of this Paragraph 5, the “Recitals” identified in the headers to subparagraphs a-h refer to recitals of the DA. References to recitals in this First Amendment are stated as, for example, “Recital D of this First Amendment.” “Section” references are to the DA as originally approved, while “Paragraph” references are to this First Amendment.) Pursuant to Section 9.45.130 of the Menifee Municipal Code, if Landowner has provided the First Amendment Payment and subject to the provisions of Paragraph 4 above, then the following specific modifications and updates to the DA are made by this First Amendment:
a.Recital B of the DA. Recital B is supplemented by Paragraph 2 of this First Amendment. b.Recital C of the DA. Recital C is supplemented and updated by Recital D of this First Amendment.
c.Recital D of the DA. Recital D is supplemented and updated by modifying the introductory statement and adding subparagraphs (g) and (h) as follows:
“D. Project. The land use approvals for the Project obtained prior to the Approval Date of this First Amendment (collectively, the "Project Approvals") include but are not limited to the following:”
. . . .
(g) Plot Plan No. 2016-126, approving a minor modification for Commerce Pointe II, reducing the number of buildings to two and the total square footage to 157,147 square feet. Approved on January 19, 2017.
(h) PLN 21-0216, approving a minor modification for Scott Road Commerce Center II (formerly Commerce Pointe I), reducing the number of buildings to three and the total square footage to 544,540 square feet. Approved on November 10, 2021.” Item Title: 10.6
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Commerce
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Development Agreement
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8 d.Recital E of the DA. Recital E is supplemented by Recital N of this First Amendment. e.Recital F of the DA. Recital F is supplemented by Recital H of this First Amendment. f.Recital G of the DA. Recital G is supplemented by the Recital K of this First Amendment. g.Recital H of the DA. Recital H is supplemented by Recital M of this First Amendment. h.Recital I of the DA. Recital I is supplemented by Recital K of this First Amendment and Recital L of this First Amendment.
i.Section 2.4. Section 2.4 is modified to read in its entirety:
“Original Effective Date. December 20, 2013.”
j.Section 6.1. Section 6.1 is modified to read in its entirety:
“Original Effective Date. The Original Effective Date is December 20, 2013. The DA was recorded on December 26, 2013, in the Official Records of the County of Riverside, State of California. The First Amendment is effective as of November 4, 2022. Not later than November 10, 2022, the City and Landowner shall execute and acknowledge the First Amendment. Not later than November 14, 2022, the City Clerk shall cause the First Amendment to be recorded in the Official Records of the County of Riverside, State of California, provided that a referendum applicable to the First Amendment has not been timely submitted to the City. The failure of the City to sign and/or record the First Amendment shall not affect the validity of the First Amendment.”
k.Section 6.2. Section 6.2 is modified to read in its entirety:
“Term. The term of the DA commenced on the Original Effective Date and, absent amendment, the final day of the ten-year Original Term would have been December 19, 2023. The DA has been amended to extend the Original Term as follows:
(a) Development. With respect to the Development Rights described in Section
7.1.1 below, the Original Term is extended through December 19, 2028, unless otherwise terminated, modified, or extended by the terms of this Agreement (‘Extended Development Term’).
(b) Use. With respect to the Use Rights described in Section 7.1.2 below, the Original Term is extended through December 19, 2063, unless otherwise terminated, modified, or extended by the terms of this Agreement. (‘Extended Use Term’).”
l.Section 6.3. Section 6.3 shall be superseded by the provisions of Paragraph 4 above. m.Section 6.6. The first sentence of Section 6.6 is modified to read:
“Except with respect to rights and obligations expressly stated to survive the Termination of this Agreement, following Termination of this Agreement all of the rights, duties and obligations of the Parties shall terminate and be of no further force and effect.”
n.Section 7.1. Section 7.1 is modified to read, in its entirety:
Item Title: 10.6
Second
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the
First
and
Second
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the
Commerce
Pointe
Development Agreement
Item Page Number: 17
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October 5, 2022
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9 “Development and Use Rights.
7.1.1. Development Rights. Separate from the use rights provided under Section 7.1.2, which expire as set forth in Section 6.2(b), during the Extended Development Term and except as set forth in Sections 7.2, 7.3,
7.4 and 8.5 below, with respect to the Property, the density and intensity of use, the rate, timing and sequencing of development, the maximum height and design and size of proposed buildings, the parking standards, and provisions for reservation and dedication of land, shall be as set forth in this Agreement, the Existing Land Use Regulations in force and effect on the Adoption Date, and the Project Approvals.”
7.1.2. Use Rights. Separate from the development rights provided under Section 7.1.1, which expire as set forth in Section 6.2(a), during the Extended Use Term and except as set forth in Section 7.2, 7.3, 7.4, and
8.5 below, the Remaining Vested Uses may be conducted in those Project Buildings which have been constructed or for which building permits have been granted as of December 19, 2028. The provisions of Section 6.5 (“Automatic Termination”) shall not apply to Use Rights.
7.1.3. Nonconforming Uses. All uses of the Property, including the Original Vested Uses, which become nonconforming at any time shall be subject to the provisions of the Menifee Municipal Code, as it may be amended from time to time, pertaining to the continuation of nonconforming uses. For the remainder of the Original Term and during the Extended Use Term, a use shall not be considered nonconforming if it is permitted by this Agreement.”
o.Section 7.2. Section 7.2 is modified to read, in its entirety:
“Fees, Taxes and Exactions. Except as provided in Sections 7.2(a) and
7.2(b) below, the Landowner shall pay when due all Exactions duly imposed by the City on the Project and/or the Property as part of the Project Approvals and Existing Land Use Regulations. Landowner shall pay those citywide application, processing, inspection, permit and plan check fees and charges (the "Processing Fees") required by the City and in effect at the time of the application for that permit or approval. Landowner agrees that Landowner shall pay the City the full costs of a contract planner or contract building plan check person if such services are determined to be necessary by the City Manager; provided, however, that the Processing Fees paid by Landowner to the City shall apply as a credit against the costs of the contract planner or the contract building plan check person. This Agreement shall not limit the City's right and power to impose taxes on the Property or Project provided that any taxes imposed are adopted pursuant to all applicable laws and that said tax is a general tax that applies throughout the boundaries of the City. (a) Development Impact Fees for Buildings 3, 4, and 5. As of May 26, 2022, development impact fees (“DIF Fees”) for Buildings 3, 4, and 5 were paid Item Title: 10.6
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10 in full by Landowner with respect to any and all building permits required for those buildings.
(b) Future DIF Fees. Notwithstanding the foregoing, the DIF Fees applicable to the Project, as set forth in the attached Exhibit "C", shall be subject to moratorium during the Original Term of this Agreement, i.e., through December 19, 2023 (“DIF Freeze”). Without prejudicing the right of either Party to contend that additional DIF Fees are or are not required for future development of the Property as a result, for example, of the expiration of a building permit:
•During the remainder of the Original Term (i.e., through December 19, 2023), the DIF Freeze shall remain in place.
•After the conclusion of the Original Term and through the conclusion of the Extended Development Term (i.e., from December 20, 2023, through December 19, 2028), the DIF Fees imposed upon the Project shall be those established pursuant to Council Resolution 21-1007.
For avoidance of doubt, the fees applicable to “Industrial/Business Park” development on the Property under City Council Resolution No. 21-1007 are charged at a rate of $5,372 per 1,000 square feet of construction.
p.Section 19. Section 19 is modified to read, in its entirety:
“Excuse for Nonperformance. Landowner and City shall be excused from performing any obligation or undertaking provided in this Agreement if and so long as the performance of any such obligation is prevented or delayed, retarded or hindered by act of God, fire, earthquake, flood, explosion, action of the elements, pandemic (provided, however, that the Parties acknowledge the COVID-19 pandemic is not currently and has not to date caused any excuse for nonperformance under this Agreement), war, invasion, insurrection, riot, mob violence, sabotage, strikes, lockouts, condemnation, Adverse Litigation, court order or any reason not caused by and not within the control of the Party claiming the extension of time to perform. The Party claiming such extension shall send written notice of the claimed extension to the other Party within thirty (30) days from the commencement of the cause entitling the Party to the extension.”
q.Section 23. Section 23 is modified to read in its entirety:
“City: City of Menifee
Attn: City Clerk
29844 Haun Road
Menifee, CA 92586
With a copy to: Jeffrey Melching
Rutan & Tucker, LLP
18575 Jamboree Rd, 9th Floor
Irvine, CA 92612
Item Title: 10.6
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Item Page Number: 19
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11 [email protected]
Landowner: Edmond F. St. Geme
Scott Road Partners LLC
c/o Jupiter Holdings LLC
24 Corporate Plaza, Suite 100
Newport Beach, CA 92660
[email protected]
With a copy to: Tim Paone
Cox, Castle & Nicholson LLP
3121 Michelson Drive
Suite 200
Irvine, CA 92612
[email protected]”
r.Section 25. Section 25 is modified to read in its entirety:
“Further Assurances and Cooperation. City and Landowner will cooperate in a “good faith and fair dealing” manner with respect to each of their respective obligations under this Agreement. This includes, but is not limited to, the timely delivery of the New Public Benefits by Landowner and the City’s timely review of all applications and issuance of all permits (building, occupancy, etc.) for each of the Project Buildings.
Each Party further covenants, on behalf of itself and its successors, heirs and assigns, to take all actions and do all things, and to execute, with acknowledgment or affidavit if required, any and all documents and writings that may be necessary or proper to achieve the purposes and objectives of this Agreement.”
s.Section 30. Section 30(a) is added to the Agreement to read as follows:
“(a) This Section 30 shall apply additionally to the construction of the Project, with the clarification that, as to the City, this provision creates an indemnification obligation and not an obligation to pay prevailing wage.
Landowner shall not be considered in default under this Section 30, except for a failure to meet that indemnification obligation.” [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Item Title: 10.6
Second
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Adoption
of
Ordinances
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First
and
Second
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to
the
Commerce
Pointe
Development Agreement
Item Page Number: 20
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October 5, 2022
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12 IN WITNESS WHEREOF, City and Landowner have executed this First Amendment to City of Menifee Development Agreement 2012-116, with an Amendment Effective Date of November 4, 2022. “City”
CITY OF MENIFEE, a California city
By:_________________________
Armando G. Villa, City Manager
ATTEST:
_____________________________
Stephanie Roseen, Interim City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
_____________________________
Jeffrey T. Melching, City Attorney
“Landowner”
Scott Road Partners LLC,
a Delaware limited liability company
By: Jupiter B-III LLC,
a Delaware limited liability company,
Its: Member
By: Jupiter Advisors LLC, a California limited
liability company,
Its Manager
By: __________________________
Name: Edmond F. St. Geme
Its: Manager
Item Title: 10.6
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Development Agreement
Item Page Number: 21
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13 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Riverside )
On , before me, _____________________________________________, (insert name and title of the officer)
Notary Public, personally appeared _________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________________________________________(Seal) A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange )
On , before me, _____________________________________________, (insert name and title of the officer)
Notary Public, personally appeared _________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________________________________________(Seal) Item Title: 10.6
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Development Agreement
Item Page Number: 22
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14 EXHIBIT A
(Original Development Agreement)
Item Title: 10.6
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15 EXHIBIT B
(Legal Description of Property)
Real property in the City of Menifee, County of Riverside, State of California, described as follows:
PARCEL 1, AS SHOWN ON PARCEL MAP NO. 36597 RECORDED NOVEMBER 15, 2018, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN BOOK 246, PAGES 6 THROUGH 8 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
APN: 384-180-051
PARCEL 2, AS SHOWN ON PARCEL MAP NO. 36597 RECORDED NOVEMBER 15, 2018, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN BOOK 246, PAGES 6 THROUGH 8 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
APN: 384-180-052
PARCEL A:
BEING A PORTION OF PARCEL 2 OF PARCEL MAP 8158, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 50
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND A PORTION OF PARCEL "A" OF NOTICE OF LOT LINE ADJUSTMENT NO. 05016, RECORDED JUNE 23, 2006, AS DOCUMENT NO. 2006-0452652, OFFICIAL RECORDS OF SAID COUNTY, LYING WITHIN SECTION 22, TOWNSHIP 6 SOUTH, RANGE 3 WEST , S.B.M., SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL "A", SAID CORNER BEING A POINT ON THE CENTERLINE OF ZEIDERS ROAD (30 FEET IN HALF WIDTH), AS SAID ROAD IS SHOWN ON SAID NOTICE OF LOT LINE ADJUSTMENT NO. 05016 AND SAID PARCEL MAP; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL "A" AND SAID CENTERLINE OF ZEIDERS ROAD, NORTH 00°22'06" EAST, A DISTANCE OF 660.06 FEET; THENCE SOUTH 89°37'54" EAST, A DISTANCE OF 853.00 FEET; THENCE SOUTH 00°22'06" WEST, A DISTANCE OF 662.47 FEET TO THE SOUTHERLY LINE OF SAID PARCEL "A":
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "A", NORTH 89°28'13" WEST, A DISTANCE OF 853.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 12.95 ACRES MORE OR LESS.
RESERVING A RECIPROCAL EASEMENT FOR THE BENEFIT OF PARCEL "B" AND PARCEL "C" AS SHOWN HEREON.
Item Title: 10.6
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16 PARCEL B:
BEING A PORTION OF PARCEL 1 AND PARCEL 2 OF PARCEL MAP 8158, IN THE CITY OF
MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND A PORTION OF PARCEL "A" OF NOTICE OF LOT LINE ADJUSTMENT NO. 05016, RECORDED JUNE 23, 2006, AS DOCUMENT NO. 2006-0452652, OFFICIAL RECORDS OF SAID COUNTY, LYING WITHIN SECTION 22, TOWNSHIP 6 SOUTH, RANGE 3 WEST, S.B.M., SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL "A", SAID CORNER BEING A POINT ON THE CENTERLINE OF ZEIDERS ROAD (30 FEET IN HALF WIDTH), AS SAID ROAD IS SHOWN ON SAID NOTICE OF LOT LINE ADJUSTMENT NO. 05016 AND SAID PARCEL MAP; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL "A" AND SAID CENTERLINE OF ZEIDERS ROAD, NORTH 00°22'06" EAST, A DISTANCE OF 660.06 FEET TO THE POINT OF BEGINNING.
THENCE SOUTH 89°37'54" EAST, A DISTANCE OF 853.00 FEET; THENCE SOUTH 89°37'54" EAST, A DISTANCE OF 49.51 FEET;
THENCE NORTH 74°41'01" EAST, A DISTANCE OF 67.00 FEET;
THENCE SOUTH 89°37'54" EAST, A DISTANCE OF 284.25 FEET TO THE EASTERLY LINE OF SAID PARCEL "A";
THENCE ALONG SAID EASTERLY LINE THE FOLLOWING THREE (3) COURSES:
1) NORTH 00°24'17" EAST, A DISTANCE OF 281.53 FEET;
2) NORTH 12°43'45" WEST, A DISTANCE OF 154.03 FEET;
3) NORTH 09°59'30" EAST, A DISTANCE OF 210.15 FEET TO THE NORTHERLY LINE OF SAID PARCEL 1;
THENCE ALONG SAID NORTHERLY LINE, NORTH 89'26'00" WEST, A DISTANCE OF 1251.68 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1, SAID CORNER BEING A POINT ON THE CENTERLINE OF ZEIDERS ROAD (30 FEET IN HALF WIDTH); THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1 AND SAID CENTERLINE, SOUTH 00°22'06" WEST, A DISTANCE OF 661.19 FEET TO THE POINT OF BEGINNING.
CONTAINING 18.66 ACRES MORE OR LESS.
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 25
Menifee Mayor and City Council
October 5, 2022
Page
66 of 549
17 RESERVING A RECIPROCAL EASEMENT FOR THE BENEFIT OF PARCEL "A" AND PARCEL "C" AS SHOWN HEREON.
PARCEL C:
BEING A PORTION OF PARCEL 2 OF PARCEL MAP 8158, IN THE CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND A PORTION OF PARCEL "A" OF NOTICE OF LOT LINE ADJUSTMENT NO. 05016, RECORDED JUNE 23, 2006, AS DOCUMENT NO. 2006- 0452652, OFFICIAL RECORDS OF SAID COUNTY, LYING WITHIN SECTION 22, TOWNSHIP 6 SOUTH, RANGE 3 WEST, S.B.M., SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL "A", SAID CORNER BEING A POINT ON THE CENTERLINE OF ZEIDERS ROAD (30 FEET IN HALF WIDTH), AS SAID ROAD IS SHOWN ON SAID NOTICE OF LOT LINE ADJUSTMENT NO. 05016 AND SAID PARCEL MAP;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL "A" AND SAID CENTERLINE OF ZEIDERS ROAD, NORTH 00°22'06" EAST, A DISTANCE OF 660.06 FEET; THENCE SOUTH 89°37'54" EAST, A DISTANCE OF 853.00 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89°37'54" EAST, A DISTANCE OF 49.51 FEET;
THENCE NORTH 74°41'01" EAST, A DISTANCE OF 67.00 FEET;
THENCE SOUTH 89°37'54" EAST, A DISTANCE OF 284.25 FEET TO THE EASTERLY LINE OF SAID PARCEL "A";
THENCE ALONG SAID EASTERLY LINE OF THE FOLLOWING TWO (2) COURSES:
1) SOUTH 00°24'17" WEST, A DISTANCE OF 668.47 FEET;
2) SOUTH 05°18'20" EAST, A DISTANCE OF 13.29 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "A":
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "A", NORTH 89°28'13" WEST, A DISTANCE OF 399.15 FEET;
THENCE NORTH 00'22'06" EAST, A DISTANCE OF 662.47 FEET TO THE POINT OF BEGINNING.
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 26
Menifee Mayor and City Council
October 5, 2022
Page
67 of 549
18 CONTAINING 6.19 ACRES MORE OR LESS.
RESERVING A RECIPROCAL EASEMENT FOR THE BENEFIT OF PARCEL "A" AND PARCEL "B" AS SHOWN HEREON.
APN(s): 384-150-009, 384-150-010, 384-150-011
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 27
Menifee Mayor and City Council
October 5, 2022
Page
68 of 549
19 EXHIBIT C
(Depiction of Property)
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 28
Menifee Mayor and City Council
October 5, 2022
Page
69 of 549
20 EXHIBIT D
(I-P Regulations)
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 29
Menifee Mayor and City Council
October 5, 2022
Page
70 of 549
21 Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 30
Menifee Mayor and City Council
October 5, 2022
Page
71 of 549
22 Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 31
Menifee Mayor and City Council
October 5, 2022
Page
72 of 549
ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, APPROVING THE SECOND AMENDMENT TO COMMERCE
POINTE DEVELOPMENT AGREEMENT BETWEEN CITY OF MENIFEE AND SCOTT ROAD PARTNERS LLC.
WHEREAS, On November 20, 2013, the City Council adopted Ordinance No. 2013-133 approving Development Agreement No. 2012-116 for property which was known as Commerce Pointe I and Commerce Pointe II; and
WHEREAS, on March 30, 2022, Scott Road Partners LLC filed a formal application (PLN22-071) with the City of Menifee for the approval of two amendments to Development Agreement No. 2012-116 for the Commerce Pointe project within the City; and WHEREAS, the request is to amend the existing Commerce Pointe Development Agreement (DA 2012-116) by extending the term for the original vested rights/buildings an additional three years to December 19, 2026, as well as provide the landowner limited assurance pertaining to the development and use of the project buildings, with associated public benefits; and
WHEREAS, the second amendment to the Development Agreement has been prepared, processed, reviewed, heard, and approved in accordance with applicable law, including but not limited to Section 65864 et seq. of the Government Code; and WHEREAS, all impacts related to the Development Agreement and previous development approvals were analyzed in an Environmental Impact Report (SCH 2006121062) prepared for the original plot plan applications (PP21452/22280/2009-006), which was adopted by the City of Menifee City Council on November 20, 2013; and WHEREAS, the second amendment to the Development Agreement would promote the public convenience, general welfare, and good land use practices, and is in the best interest of the community; and
WHEREAS, the second amendment to the Development Agreement would not adversely affect the orderly development of property and surrounding area, or the preservation of property values; and
WHEREAS, the second amendment to the Development Agreement would promote and encourage the development of the proposed project by providing a greater degree of requisite certainty; and
WHEREAS, the second amendment to the Development Agreement strengthens the public planning process, encourages private participation in comprehensive planning, and reduces the economic costs of development uncertainty; and WHEREAS, the second amendment to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is or will be located, including any policy plan overlay applicable to the property; and Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 32
Menifee Mayor and City Council
October 5, 2022
Page
73 of 549
4 5
5 2
0 WHEREAS, approval of the second amendment to the Development Agreement will provide a benefit to the community; and
WHEREAS, the second amendment to the Development Agreement would not be detrimental to the public health, safety, or welfare of the community; and WHEREAS, the City Clerk has caused notice to be duly given of a public hearing in this matter in accordance with law, as evidenced by the affidavit of publication and the affidavit of mailing on file with the City Clerk; and
WHEREAS, a copy of the report and said EIR have been on file in the Office of the City Clerk and available for examination during regular business hours by any interested person, at all times since the date of giving notice in this matter; and WHEREAS, on August 10, 2022, the Planning Commission held a duly noticed public hearing at which the Planning Commission considered the proposed amendments to the Development Agreement and those persons desiring to be heard on said matters were heard and evidence in said matters received; and
WHEREAS, at its August 10, 2022 public hearing, the Planning Commission adopted Resolution No. PC 22-568 recommending approval to the City Council of an ordinance approving the second amendment to the Development Agreement; and WHEREAS, on September 21, 2022, the City Council held a duly noticed public hearing regarding the proposed second amendment to the Development Agreement and those persons desiring to be heard on said matters were heard and evidence in said matters received and on each said date the hearing was opened, held, and continued; and NOW, THEREFORE, the City Council of the City of Menifee hereby ordains as follows:
SECTION 1. The Findings set out above are true and correct.
SECTION 2. The proposed development agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan.
Consistency with General Plan
The project site is designated Economic Development Corridor – Southern Gateway (EDC-SG), however the Development Agreement vests the County Ordinance No. 348 Industrial Park (IP) designation. The intent of this land use designation is to allow business park (predominantly light industrial and office uses). Additionally, the project was previously entitled under Plot Plan No. 2009-006 and Development Agreement No 2012-116. The proposed amendment does not change the approved entitlements and therefore, it will continue to be in conformance to the zoning, design guidelines and development standards of the IP designation, and the requirements of the General Plan.
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 33
Menifee Mayor and City Council
October 5, 2022
Page
74 of 549
4 5
5 2
0 The project as approved, continues to be consistent with the following General Plan policies:
Project Design
CD-3.5 Design parking lots and structures to be functionally and visually integrated and connected; off-street parking lots should not dominate the street scene.
Perimeter landscaping has been included in the project design to visually screen the parking lot from surrounding roadways. All proposed structures will utilize similar materials and architectural features and, therefore, will be functionally and visually integrated.
CD-3.8 Design retention/detention basins to be visually attractive and well-integrated with any associated project and with adjacent land uses.
The basins proposed within the project will be landscaped and well-integrated into the overall plant palette of the center.
Building Design
CD-3.10: Employ design strategies and building materials that evoke a sense of quality and permanence.
The project includes quality architectural construction and features, including decorative lighting, glazing, cornice, reveals, and architectural insets and offsets.
CD-3.13 Utilize architectural design features (e.g., windows, columns, offset roof planes, etc.) to vertically and horizontally articulate elevations in the front and rear of buildings.
The buildings are well articulated, utilizing glazing, vertical architectural elements, offset roof and wall planes, recesses and pop-outs, and surface material and paint color changes. As a result, these buildings are vertically and horizontally articulated in front and rear of buildings.
CD-3.14: Provide variations in color, texture, materials, articulation, and architectural treatments. Avoid long expanses of blank, monotonous walls or fences.
The proposed buildings are well articulated, utilizing substantial glazing, offset roof and wall planes, recesses and pop-outs, and surface material and paint color changes. As a result, the project avoids the use of long expanses of blank, monotonous walls.
CD-3.22: Incorporate visual buffers, including landscaping, equipment and storage area screening, and roof treatments, on properties abutting either Interstate 215 or residentially designated property.
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 34
Menifee Mayor and City Council
October 5, 2022
Page
75 of 549
4 5
5 2
0 The property is adjacent to the I-215 and it includes enhanced landscaping areas with trees to effectively reduce the massing of the buildings.
Signage
CD-6.7 Integrate project signage into the architectural design and character of new buildings.
The project has been conditioned to submit for and obtain approval of a master sign program which will integrate architectural features into the signs that are also found on the buildings consistent with the project’s architectural theme.
Noise
N-1.8 Locate new development in areas where noise levels are appropriate for the proposed uses. Consider federal, state, and City noise standards and guidelines as a part of new development review.
The project included a consistency analysis with the adopted Environmental Impact Report (EIR) pursuant to CEQA and concluded that it would not exceed applicable local and state noise regulations.
Properties to the north are developed with business park uses, whereas properties to the south generally vacant or underdeveloped. As modified, the project is compatible with the surrounding General Plan land uses.
SECTION 3.The proposed development agreement is compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is or will be located.
The project is zoned Economic Development Corridor Southern Gateway (EDC-SG) however under the existing Development Agreement is vested under County Ordinance No. 348 Industrial Park (IP) zone which allows for a variety of industrial/business park uses. Currently, the EDC-SG zone does not allow for warehousing facilities, however, the approved and vested project was entitled prior to the zoning code amendment that prohibited warehousing facilities.
Therefore, the project as approved is consistent with existing agreement and development standards including parking and landscaping.
SECTION 4.The proposed development agreement is in conformity with and will promote public convenience, general welfare and good land use practice.
The project is located on the east side of Zeiders Road, both north and south side of Ciccotti Street. The Project is compatible with the surrounding land uses, General Plan land use designations, and zoning classifications and is adequately sized, shaped, designed and located to accommodate the proposed uses.
The project incorporates quality design, and other improvements which will enhance and benefit the area upon construction. The Development Agreement provides for the orderly construction of road improvements, utilities, drainage and other improvements. The proposed amendment to Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 35
Menifee Mayor and City Council
October 5, 2022
Page
76 of 549
4 5
5 2
0 the approved Development Agreement is in conformity with and will promote public convenience, general welfare and good land use practice.
SECTION 5. The development agreement will not be detrimental to the health, safety and general welfare within the City.
The Development Agreement will not result in conditions detrimental to the public health, safety, or general welfare. The associated entitlements have been reviewed and conditioned by the City of Menifee Community Development, Engineering, Building and Safety and Fire Departments to ensure that it will not create conditions materially detrimental to the surrounding uses. Conditions of approval include substantial landscaping, roadway improvements consistent with the General Plan, fire infrastructure, and drainage improvements that will benefit the Project site and surrounding areas.
In addition, all impacts related to the Development Agreement and previous development approvals were analyzed in an Environmental Impact Report (SCH 2006121062) prepared for the original plot plan applications (PP21452/22280/2009-006), which was adopted by the City of Menifee City Council on November 20, 2013.
SECTION 6.The proposed development will not adversely affect the orderly development of the property or the preservation of property values.
The proposed Development Agreement would assist with and would not interfere with the development of the Project site and the uses proposed under Plot Plan No. 21452/22280/2009- 006, which would not adversely affect the orderly development of the surrounding area. The Development Agreement would not modify the uses allowed under the original approval. The Development Agreement would not conflict with surrounding existing and planned land uses and would not have the potential to adversely affect property values.
SECTION 7.The proposed development agreement will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty for the developer.
The assurances provided to the applicant through the Development Agreement, such as vesting of Development Impact Fees, clarification of vested uses would provide greater certainty, reduced risk, and offset development costs that would encourage development as approved under the Plot Plan and the infrastructure associated with it that would serve the surrounding area.
SECTION 8. The proposed development agreement that includes a subdivision, and any tentative map prepared for the subdivision, will comply with the provisions in Government Code Section 66473.7.
The subdivision for this project has been approved and the map has recorded.
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 36
Menifee Mayor and City Council
October 5, 2022
Page
77 of 549
4 5
5 2
0 SECTION 9. The City Council approves the second amendment to the Commerce Pointe Development Agreement set forth in Exhibit "2" of this Ordinance.
SECTION 10.The second amendment to the Development Agreement is applicable to the area of the City of Menifee as legally described in the Development Agreement.
SECTION 11. The City Manager, or his or her delegee, is directed and authorized to do all of the following:
a. prepare a final version of the Development Agreement for execution and recording that fully reflects the action of the City Council in adopting the Development Agreement; and
b. make all necessary and appropriate clerical, typographical, and formatting corrections to the adopted Development Agreement prior to execution and recording.
SECTION 12.This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.
SECTION 13. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage and adoption of this Ordinance and cause this Ordinance to be published using the alternative summary and posting procedure authorized under Government Code Section 36933.
This Ordinance was introduced for first reading on September 21, 2022, and PASSED, APPROVED, AND ADOPTED this 5th day of October 2022.
Bill Zimmerman, Mayor
Approved as to form:
Jeffrey T. Melching, City Attorney
Attest:
Stephanie Roseen, Acting City Clerk
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 37
Menifee Mayor and City Council
October 5, 2022
Page
78 of 549
October 5, 2022
City Council
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Menifee
29844 Haun Road
Menifee, CA 92586Attn: City Clerk
(Space Above Line For Recorder’s Use Only)
(Exempt from Recording Fees Per Gov’t Code 27383)
SECOND AMENDMENT TO CITY OF MENIFEE DEVELOPMENT AGREEMENT 2012-116:
ORIGINALLY: “DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MENIFEE AND ZEIDERS ROAD BUSINESS PARK, INC. AND COMMERCE POINTE II MENIFEE INC.
REGARDING THE COMMERCE POINTE PROJECT”
BY AND BETWEEN
THE CITY OF MENIFEE
AND
SCOTT ROAD PARTNERS LLC
REGARDING
SCOTT ROAD COMMERCE CENTER I AND SCOTT ROAD COMMERCE CENTER II (formerly known as “Commerce Pointe”)
Original Effective Date: December 20, 2013
Second Amendment Effective Date: November 4, 2022
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 38
Menifee Mayor and City Council
October 5, 2022
Page
79 of 549
1 SECOND AMENDMENT TO CITY OF MENIFEE DEVELOPMENT AGREEMENT 2012-116 Scott Road Commerce Center I and Scott Road Commerce Center II (formerly known as “Commerce Pointe”)
This Second Amendment to City of Menifee Development Agreement 2012-116 (“Second Amendment”) is entered into between the City of Menifee, a municipal corporation (“City”), and Scott Road Partners LLC (“Landowner”). City and Landowner shall be referred to collectively within this Second Amendment as the “Parties.”
RECITALS
A. The Property. Landowner owns fee title to the real property described on Exhibit “A” and shown on Exhibit “B” attached to this Second Amendment.
B. The Original Development Agreement Approval. On November 20, 2013, the City Council of the City (“City Council”) adopted Ordinance No. 2013-133 approving Development Agreement No. 2012-116 (“DA”) for the Property, which was then known as Commerce Pointe I and Commerce Pointe II. The original parties to the DA were (i) the City and (ii) Zeiders Road Business Park, Inc., a California corporation, and Commerce Pointe II Menifee, Inc., a California corporation. Landowner is the successor under the DA to those original parties.
C. The Original Term. The original effective date of the DA was December 20, 2013. December 19, 2023, is the final day of the original ten-year term of the DA (“Original Term”).
D. First Amendment. Concurrently with the negotiation and approval of this Second Amendment pursuant to Ordinance No. ______, the Parties negotiated and the City Council approved a separate amendment to the DA (“First Amendment”) pursuant to Ordinance No. _______. A copy of the First Amendment is attached as Exhibit “C”. It is the intent of the Parties that the First Amendment and Second Amendment shall be deemed to have been entered into and operate concurrently to the extent provided in each of those amendments.
Ordinance No. _____ and Ordinance No. _____ shall be jointly referred to as the “Adopting Ordinances” and the date on which they become effective under California law shall be referred to as the “Amendment Effective Date.”
E. Relationship to DA and First Amendment.
•The DA. This Second Amendment amends, but does not replace, the DA. Except as provided in the First and Second Amendments, the original provisions of the DA shall remain in full force and effect. The original effective date of the DA remains December 20, 2013, irrespective of the Amendment Effective Date. References to the “Agreement” in the DA shall be deemed to refer to the DA as modified by the First and Second Amendments, unless to do so would conflict with the express intent of either the First or Second Amendment.
If a provision of this Second Amendment is inconsistent with, conflicts with, or impedes the full implementation of a provision of the DA that has not been expressly deleted or modified by either this First Amendment or the Second Amendment, the Second Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 39
Menifee Mayor and City Council
October 5, 2022
Page
80 of 549
2 Amendment provision shall prevail over the original language in the DA, but only to the extent needed to fully implement the Second Amendment provision and the stated intent of this Second Amendment.
•The First Amendment. This Second Amendment supplements, but neither amends nor replaces, the First Amendment. Recitals A through G, I, and J of the First Amendment are incorporated into this Second Amendment for background purposes. The bolded defined terms in the First Amendment shall have the same meaning within this Second Amendment. When considered in conjunction with the First Amendment, this Second Amendment shall be interpreted and applied in a manner consistent with the First Amendment’s provisions, but only to the extent needed to fully implement the Second Amendment provision and the stated intent of this Second Amendment.
When both the First and the Second Amendments are in effect and operative at the same time, the First Amendment controls development and use of the Property.
H. Public Hearings. On August 10, 2022, at a properly-noticed public hearing, the City’s Planning Commission reviewed and recommended that the City Council approve this Second Amendment.
I. City Council Action. On September 21, 2022, the City Council conducted a properly-noticed public hearing in accordance with Chapter 9.45 of Article 2 of Title 9 of the Menifee Municipal Code (“Development Agreement Ordinance”). Following the public hearing, the City Council introduced and conducted a first reading of the Adopting Ordinance for the Second Amendment. At a properly-noticed public meeting on October 5, 2022, the City Council conducted a second reading of and adopted the Adopting Ordinance for the Second Amendment, making the Amendment Effective Date November 4, 2022.
J. Findings. In approving the Adopting Ordinance for the Second Amendment, the City Council found that this Second Amendment (i) is consistent with the City's General Plan and the presently applicable zoning for the Property1, (ii) is in the best interests of health, safety, and general welfare of the City, its residents, and the public, (iii) is entered into pursuant to and constitutes a present exercise of the City’s police power, and (iv) is entered into pursuant to Government Code Section 65868 and the Development Agreement Ordinance, which authorize the City to enter into modifications, including extensions of time, to a previously approved and effective Development Agreement.
K. Purpose of Second Amendment. It is the intent of the Parties that this Second Amendment will provide to both the City and Landowner limited assurances pertaining to the development and use of the Project Buildings for the Remaining Vested Uses if, for any reason, the benefits to the Parties under the First Amendment have not been realized as of December 19, 2023, the final day of the Original Term.
1 Because the DA remains in effect at the time of this First Amendment, the Zone Change is not currently applicable to the Property.
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 40
Menifee Mayor and City Council
October 5, 2022
Page
81 of 549
3 AGREEMENT
For the consideration set forth below, the Parties agree as follows:
1. Incorporation of Recitals. The Recitals above are intended to serve as a substantive part of this Second Amendment.
2. New Public Benefit. As consideration for entering into this Second Amendment, Landowner will make a single lump sum payment to the City of $250,000 (the “Second Amendment Payment”) within three business days after receiving written notice from the City that each of the following has occurred:
a.The First and Second Amendments have been signed by the City (the Parties understand and agree that this Second Amendment shall be properly executed by Landowner and delivered to the City prior to City Council approval of the Adopting Ordinances, but that Landowner’s signing the Second Amendment shall not be binding, and this Second Amendment shall have no legal effect on any Party whatsoever if, after the delivery of the signed Second Amendment to the City by Landowner, the City Council (i) changes a single word in the Second Amendment, other than the addition of dates, signatures, ordinance numbers, project status updates in Recital D, typographical corrections, and similar technical matters and matters of form in the Second Amendment and the Exhibits, or (ii) adds any condition whatsoever to the approval of the Second Amendment without the prior written consent of Landowner);
b.The City has timely filed and the County has posted a single Notice of Determination for both the First and Second Amendments and the Adopting Ordinances (“NOD”). The NOD shall be filed by the City no more than five (5) days following the approval of the Adopting Ordinances; and
c.The Adopting Ordinances have become effective without a referendum applicable to either the First or Second Amendment having been timely submitted (i.e., presented to the City Clerk with a legally sufficient number of signatures within 30 days following the approval of the Adopting Ordinances), both the First and Second Amendments have been recorded with the Riverside County Recorder, and a copy of both the First and Second Amendments showing the official Recorder’s stamp have been provided to Landowner.
Such funds shall be used by the City in its sole discretion. Once delivered by Landowner to City, the Second Amendment Payment shall not be refundable.
3. Extension of DA. Provided that on December 19, 2023, Landowner is not in breach of the DA as amended by the First and Second Amendments, the Original Term automatically shall be extended through December 19, 2026, without further action by either of the Parties unless as of December 19, 2023, either:
•Landowner has received certificates of occupancy for each of the Project Buildings; or
•There is no litigation pending which challenges the validity of the First Amendment on any basis and the First Amendment remains valid.
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 41
Menifee Mayor and City Council
October 5, 2022
Page
82 of 549
4 If the DA is not extended because one of these conditions exists, City shall nonetheless retain the entirety of the Second Amendment Payment.
4. “Effective” and “Operative” Dates. This Second Amendment shall be effective as of the November 4, 2022, the Amendment Effective Date. It shall not become “operative” (meaning that the Parties will receive their respective benefits from the Second Amendment) unless and until the Second Amendment Payment is timely delivered to the City by Landowner.
5. Addresses for Notices. Addresses for notices related to this Second Amendment shall be the same as for the DA and the First Amendment, which are:
City: City of Menifee
Attn: City Clerk
29844 Haun Road
Menifee, CA 92586
With a copy to: Jeffrey Melching
Rutan & Tucker, LLP
18575 Jamboree Rd, 9th Floor
Irvine, CA 92612
[email protected]
Landowner: Edmond F. St. Geme
Scott Road Partners LLC
c/o Jupiter Holdings LLC
24 Corporate Plaza, Suite 100
Newport Beach, CA 92660
[email protected]
With a copy to: Tim Paone
Cox, Castle & Nicholson LLP
3121 Michelson Drive, Suite 200
Irvine, CA 92612
[email protected]
6. Sections 25 and 30. In implementing this Second Amendment, the Parties shall comply with Sections 25 and 30 of the DA as amended by the First Amendment. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 42
Menifee Mayor and City Council
October 5, 2022
Page
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5 IN WITNESS WHEREOF, City and Landowner have executed this Second Amendment to City of Menifee Development Agreement 2012-116, with an Second Amendment Effective Date of November 4, 2022.
“City”
CITY OF MENIFEE, a California city
By:_________________________
Armando G. Villa, City Manager
ATTEST:
_____________________________
Stephanie Roseen, Interim City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
_____________________________
Jeffrey T. Melching, City Attorney
“Landowner”
Scott Road Partners LLC,
a Delaware limited liability company
By: Jupiter B-III LLC,
a Delaware limited liability company,
Its: Member
By: Jupiter Advisors LLC, a California limited
liability company,
Its Manager
By: __________________________
Name: Edmond F. St. Geme
Its: Manager
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 43
Menifee Mayor and City Council
October 5, 2022
Page
84 of 549
6 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Riverside )
On , before me,____________________________________________, (insert name and title of the officer)
Notary Public, personally appeared ______________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________________________________________(Seal) A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange )
On , before me,____________________________________________, (insert name and title of the officer)
Notary Public, personally appeared ______________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________________________________________(Seal) Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 44
Menifee Mayor and City Council
October 5, 2022
Page
85 of 549
7 EXHIBIT A
(Legal Description of Property)
Real property in the City of Menifee, County of Riverside, State of California, described as follows:
PARCEL 1, AS SHOWN ON PARCEL MAP NO. 36597 RECORDED NOVEMBER 15, 2018, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN BOOK 246, PAGES 6 THROUGH 8 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
APN: 384-180-051
PARCEL 2, AS SHOWN ON PARCEL MAP NO. 36597 RECORDED NOVEMBER 15, 2018, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN BOOK 246, PAGES 6 THROUGH 8 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
APN: 384-180-052
PARCEL A:
BEING A PORTION OF PARCEL 2 OF PARCEL MAP 8158, IN THE CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND A PORTION OF PARCEL "A" OF NOTICE OF LOT LINE ADJUSTMENT NO. 05016, RECORDED JUNE 23, 2006, AS DOCUMENT NO. 2006-0452652, OFFICIAL RECORDS OF SAID COUNTY, LYING WITHIN SECTION 22, TOWNSHIP 6 SOUTH, RANGE 3 WEST , S.B.M., SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL "A", SAID CORNER BEING A POINT ON THE CENTERLINE OF ZEIDERS ROAD (30 FEET IN HALF WIDTH), AS SAID ROAD IS SHOWN ON SAID NOTICE OF LOT LINE ADJUSTMENT NO. 05016 AND SAID PARCEL MAP;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL "A" AND SAID CENTERLINE OF ZEIDERS ROAD, NORTH 00°22'06" EAST, A DISTANCE OF 660.06 FEET; THENCE SOUTH 89°37'54" EAST, A DISTANCE OF 853.00 FEET; THENCE SOUTH 00°22'06" WEST, A DISTANCE OF 662.47 FEET TO THE SOUTHERLY LINE OF SAID PARCEL "A":
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "A", NORTH 89°28'13" WEST, A DISTANCE OF 853.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 12.95 ACRES MORE OR LESS.
RESERVING A RECIPROCAL EASEMENT FOR THE BENEFIT OF PARCEL "B" AND PARCEL "C" AS SHOWN HEREON.
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 45
Menifee Mayor and City Council
October 5, 2022
Page
86 of 549
8 PARCEL B:
BEING A PORTION OF PARCEL 1 AND PARCEL 2 OF PARCEL MAP 8158, IN THE CITY OF
MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND A PORTION OF PARCEL "A" OF NOTICE OF LOT LINE ADJUSTMENT NO. 05016, RECORDED JUNE 23, 2006, AS DOCUMENT NO. 2006-0452652, OFFICIAL RECORDS OF SAID COUNTY, LYING WITHIN SECTION 22, TOWNSHIP 6 SOUTH, RANGE 3 WEST, S.B.M., SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL "A", SAID CORNER BEING A POINT ON THE CENTERLINE OF ZEIDERS ROAD (30 FEET IN HALF WIDTH), AS SAID ROAD IS SHOWN ON SAID NOTICE OF LOT LINE ADJUSTMENT NO. 05016 AND SAID PARCEL MAP;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL "A" AND SAID CENTERLINE OF ZEIDERS ROAD, NORTH 00°22'06" EAST, A DISTANCE OF 660.06 FEET TO THE POINT OF BEGINNING.
THENCE SOUTH 89°37'54" EAST, A DISTANCE OF 853.00 FEET; THENCE SOUTH 89°37'54" EAST, A DISTANCE OF 49.51 FEET;
THENCE NORTH 74°41'01" EAST, A DISTANCE OF 67.00 FEET;
THENCE SOUTH 89°37'54" EAST, A DISTANCE OF 284.25 FEET TO THE EASTERLY LINE OF SAID PARCEL "A";
THENCE ALONG SAID EASTERLY LINE THE FOLLOWING THREE (3) COURSES:
1) NORTH 00°24'17" EAST, A DISTANCE OF 281.53 FEET;
2) NORTH 12°43'45" WEST, A DISTANCE OF 154.03 FEET;
3) NORTH 09°59'30" EAST, A DISTANCE OF 210.15 FEET TO THE NORTHERLY LINE OF SAID PARCEL 1;
THENCE ALONG SAID NORTHERLY LINE, NORTH 89'26'00" WEST, A DISTANCE OF 1251.68 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 1, SAID CORNER BEING A POINT ON THE CENTERLINE OF ZEIDERS ROAD (30 FEET IN HALF WIDTH); THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1 AND SAID CENTERLINE, SOUTH 00°22'06" WEST, A DISTANCE OF 661.19 FEET TO THE POINT OF BEGINNING.
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 46
Menifee Mayor and City Council
October 5, 2022
Page
87 of 549
9 CONTAINING 18.66 ACRES MORE OR LESS.
RESERVING A RECIPROCAL EASEMENT FOR THE BENEFIT OF PARCEL "A" AND PARCEL "C" AS SHOWN HEREON.
PARCEL C:
BEING A PORTION OF PARCEL 2 OF PARCEL MAP 8158, IN THE CITY OF MENIFEE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 31, PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND A PORTION OF PARCEL "A" OF NOTICE OF LOT LINE ADJUSTMENT NO. 05016, RECORDED JUNE 23, 2006, AS DOCUMENT NO. 2006-0452652, OFFICIAL RECORDS OF SAID COUNTY, LYING WITHIN SECTION 22, TOWNSHIP 6 SOUTH, RANGE 3 WEST, S.B.M., SAID PORTIONS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL "A", SAID CORNER BEING A POINT ON THE CENTERLINE OF ZEIDERS ROAD (30 FEET IN HALF
WIDTH), AS SAID ROAD IS SHOWN ON SAID NOTICE OF LOT LINE ADJUSTMENT NO. 05016 AND SAID PARCEL MAP;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL "A" AND SAID CENTERLINE OF ZEIDERS ROAD, NORTH 00°22'06" EAST, A DISTANCE OF 660.06 FEET;
THENCE SOUTH 89°37'54" EAST, A DISTANCE OF 853.00 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89°37'54" EAST, A DISTANCE OF 49.51 FEET;
THENCE NORTH 74°41'01" EAST, A DISTANCE OF 67.00 FEET;
THENCE SOUTH 89°37'54" EAST, A DISTANCE OF 284.25 FEET TO THE EASTERLY LINE OF SAID PARCEL "A";
THENCE ALONG SAID EASTERLY LINE OF THE FOLLOWING TWO (2) COURSES:
1) SOUTH 00°24'17" WEST, A DISTANCE OF 668.47 FEET;
2) SOUTH 05°18'20" EAST, A DISTANCE OF 13.29 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "A":
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 47
Menifee Mayor and City Council
October 5, 2022
Page
88 of 549
10 THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "A", NORTH 89°28'13" WEST, A DISTANCE OF 399.15 FEET;
THENCE NORTH 00'22'06" EAST, A DISTANCE OF 662.47 FEET TO THE POINT OF BEGINNING.
CONTAINING 6.19 ACRES MORE OR LESS.
RESERVING A RECIPROCAL EASEMENT FOR THE BENEFIT OF PARCEL "A" AND PARCEL "B" AS SHOWN HEREON.
APN(s): 384-150-009, 384-150-010, 384-150-011
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 48
Menifee Mayor and City Council
October 5, 2022
Page
89 of 549
11 EXHIBIT B
(Depiction of Property)
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 49
Menifee Mayor and City Council
October 5, 2022
Page
90 of 549
12 EXHIBIT C
(First Amendment)
Item Title: 10.6
Second
Reading
and
Adoption
of
Ordinances
for
the
First
and
Second
Amendments
to
the
Commerce
Pointe
Development Agreement
Item Page Number: 50
Menifee Mayor and City Council
October 5, 2022
Page
91 of 549
CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of an Ordinance Amending the Development Code Regarding Battery Energy Storage
Systems
MEETING DATE: October 5, 2022
TO: Mayor and City Council
PREPARED BY: Ryan Fowler, Principal Planner
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt an ordinance amending Title 9 of the Menifee Municipal Code and Menifee North Specific Plan zoning pertaining to utility-scale battery energy storage systems, Development Code Amendment No. LR 22-0130.
DISCUSSION
At the September 21, 2022 City Council meeting, Development Code Amendment No. LR 22- 0130 was introduced for first reading. This is the required second reading and adoption. The ordinance will become effective 30 days from the date of adoption.
STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Ordinance - Development Code Amendment
2. Redlined Zoning Text Changes
3. CEQA Notice of Exemption
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 1
Menifee Mayor and City Council
October 5, 2022
Page
92 of 549
ORDINANCE NO. 2022-______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, FINDING THAT PROPOSED DEVELOPMENT CODE
AMENDMENT NO. LR 22 -0130 IS EXEMPT FROM ENVIRONMENTAL
REVIEW AND ADOPTING PROPOSED DEVELOPMENT CODE
AMENDMENT NO. LR 22-0130 TO AMEND THE MENIFEE MUNICIPAL CODE AND MENIF EE NORTH SPECIFIC PLAN NO. 260 ZONING
ORDINANCE RELATING TO BATTERY ENERGY STORAGE SYSTEM
WHEREAS, existing provisions of the City of Menifee Municipal Code do not address battery energy storage facilities; and
WHEREAS, on October 6, 2021, the City Council of the City of Menifee adopted an urgency Ordinance imposing a 45-day moratorium on utility-scale battery storage uses with later options to extend the moratorium for a total period of up to two years; and
WHEREAS, on November 17, 2021 , the City C ouncil of the City of Menifee adopted an Ordinance extending the m oratorium on utility -scale battery storage for a period of 10 months and 15 days; and
WHEREAS, City staff met the Southern California Edison and stakeho lders to obtain feedback regarding development standards; and
WHEREAS, on June 2, 2022, the Riverside County Airport Land Use Commission (ALUC) found De velopment Code Amendment N o. LR 22-0130 (Development Code Amendment, attached hereto as Exhibit “A”) consistent with the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan and the 2010 /2011 Per ris Valle y Airport Land Use Compatibility Plan; and
WHEREAS, the Development Code Amendment consists of four main code amendments to the Menif ee Municipal Code: update to Titl e 9, Article 3 (“Zones”), Section 9.135.030 ( “Allowed Uses and Approval Re quirements”), Article 5 ( “Special Use Standards”), Chapter 9.300 (“Energy Storage Facilities”), and Article 6 (“Definitions”), and an amendment to zoning text of the Menifee North Sp ecific Plan No. 260 to include Battery Energy Storage as an allowabl e use subject to the a bove-referenced Chapter
9.300; and
WHEREAS, the Development Code Amendment will amend zoning text of the Menifee North Specific Plan No. 260, Amendment No. 3 by modifying the allowable uses within Planning Areas 2 and 3 to allow for Battery Energy Storage Systems, subject to the above-referenced Chapter 9.300; and
WHEREAS, on June 8, 2022, the Planning Commission held a duly noticed public hearing on the Development Code Amendment, considered all public testimony as well as all materials in the staff report and accompanying documents for the Development Code Amendment, which hearing was publicly noticed by a publication in t he newspaper of general circulation, and an agenda posting; and
WHEREAS, at the June 8, 2022 Pl anning Commission public hearing, ba sed upon all materials and testimony considered, the Planning Commission voted 3 -0-2 to Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 2
Menifee Mayor and City Council
October 5, 2022
Page
93 of 549
adopt Resolution No. PC 22-562 recommending that the City Council find the Ordinance exempt from environmental review under the Cal ifornia Environmental Quality Act and adopt the Ordinance; and
WHEREAS, the City Council considered the requirements of the California Environmental Quality A ct (CEQA) (Public Resou rces Code Section 21000 et. seq.) regarding the possible impacts that the Development Code Amendment may have upon the environment; and
WHEREAS, on July 20, 2022, the City Council continued the public hearing for LR 22-0130 to August 17, 2022; and
WHEREAS, on August 17, 2022 , the City Council continued the public hearing for LR 22-0130 to September 21, 2022; and
WHEREAS, on September 21, 2022, the City Council held a duly noticed public hearing concerning the Ordinance to approve t he Development Code Amendment , introduced and c onducted a first reading of the Ordinance, and consid ered testim ony and evidence at the Public Hearing held with respect thereto; and
WHEREAS, on October 5, 2022, the City Council conducted a second reading of the Ordinance to approve the Development Code Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
Section 1: The proposed zone or amendments to thi s Tit le is consistent with the intent of the goals and policies of the General Plan.
Consistency with General Plan
The proposed modifications to the Development Code set forth in the Development Code Amendment (attached as Exhibit “ A”) modify the permissible and conditionally permitted uses i n established zones, establish special use standards specific to utility-scale battery energy storage syst ems, and make modifications t o the definitions of the Development Code. The proposed Development Code Amendment is not a project and will not construct any structure nor propose any development. The proposed changes will remain consistent with the General Plan.
In addition, the Development Code Amendment is cons istent with the following City of Menifee General Plan policies:
• 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.
The Development Code Amendment will f urther help the tra nsition between the surrounding zones and help preserve the existing character and devel opment patterns of the City . It will also focus the Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 3
Menifee Mayor and City Council
October 5, 2022
Page
94 of 549
development of battery energy st orage s ystems with in already established business park and heavy industrial zones within the City. • LU-1.6: Coordinate land use , infrastructure, and t ransportation planning and analysis with regional, county , and other local agencies to further regional and subregional goals for jobs-housing balance.
Staff engaged in multiple stakeholder meetings in preparation of the Development Code Amendment , including with Southern Cal ifornia Edison. The proposed changes to the Devel opment Code are primarily focused on zones located in proximity to the Valley Substation (located on the southwest corner of M enifee Road and Highway 74 within the northeasterly portion of the C ity). Close proximity to this Valley S ubstation al lows for mo re efficient infrastructure and lower cost s in the development of reliable battery energy storage within the City.
• LU-1.10: Buffer sensitive land uses, such as residences, schools, care facilities, and recreat ion areas from major air pollutant emission sources, inclu ding free ways, manufacturing, hazardous materials storage, and similar uses.
The affected zones within the C ity are surrounded by a variety of commercial, residential, and public land uses. The Development Code Amendment will help focus the development of battery energy storage systems within already established business park and heavy industrial zones, and these u ses w ill be bu ffered from potential impacts to existing and future land uses.
• LU-3.2: Work with utility provider s to increase service capacity as demand increases
The Development Code Am endment allows for, accommodates, and regulates the develop ment of battery energy storage syst ems.
Battery energy storage s ystems can be used to help Cal ifornia advance i ts renewable portfolio standard and energy sto rage goals, provide long-duration storage capacity , and maximize use of existing energy project infrastructure.
Section 2: The proposed zone or amendments to this Title (the Zoning and Development Code) prescrib es reasonable controls and standards to ensure compatibility with other established uses.
The Development Code Amendment will h elp provide mor e cohesive design standards for the existing built environment . These standards will ensure t hat there will be a smooth and buffered trans ition between existing and future land use s. The new development st andards will continue to promote the strategic and controlled growth.
Section 3: The proposed zone or amendments to this Title provides reasonable property development rights while prot ecting environmentally sensitive land uses and species.
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 4
Menifee Mayor and City Council
October 5, 2022
Page
95 of 549
The Development Code Amendment will make minor modifications to the existing Development Code. The reasonable property development rights of landowners will not be im pacted. The proposed changes see k to preserve the character of the city while creating a framewo rk for thoughtful and compatible growth.
Section 4: The proposed zone or amendments to this Title ensures protection of the general health, safety and welfare of the community.
The Development Code Amendment will not result in con ditions detrimental to the public health, safety, or general welfare as de signed and conditioned. The proposed approval is not a project and will not construct a development. The Development Code Amendment has been reviewed by a variety o f Departments to ensure complianc e with applicable regulations, including City of M enifee Building and Safety and Riverside County Fire Department, as well as Southern California Edison and stakeholder, including potential developers of battery energy storage system projects.
Therefore, the modification would not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the impacted vicinity.
Section 5: Compliance with California Envi ronmental Quality Act (CEQA).
Processing and approval of th e Development Code Amendment is in compliance with the requirements of CEQA.
The adoption of the Development Code Amendment does not fall within the definition of a “project” under CEQA because it, as a narrative change to the Municipal Code, does not have t he potential for resulting in a direct or indirect physical change in the environment (CEQA Gui delines 15378(a)) and is an administrative activity of the City that will not result in direct or indirect physica l changes in the environment (CEQA Guidelines 15378(b)(5)). In additi on, the adoption of the Developm ent Code Amendment is exempt from CEQA because there is no possibility that the proposed ordinance, as a textur al change to the Municipal Code, may have a significant impact on the physical environment (CEQA Guidelines 15061) and because, per Section 15061(b)(3), it can be seen with certainty to have no possibility of a significant effect upon the environment.
Section 6: Adoption. The Development Code Amendment , as set forth on Exhibit “A” hereto, is hereby approved and adopted. Exhibit “A” shows the changes to existing Development code with underlining of additions and strikeout of deletions.
Section 7: Notice of Adoption. The City Cler k shall certify to the passage and adoption of this Or dinance, and shall cause the same to be published within fifteen (15) days after passage in accordanc e with law, and shall cause this Ordinance and its certif ication, together with proof of publication, to be en tered in the Book of Ordinances of the City of Menifee.
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 5
Menifee Mayor and City Council
October 5, 2022
Page
96 of 549
Pag
e 5 -
Section 7: Effective Date. This Ordinance shall take effect and be in full force and operation thirty (30) days after its adoption.
Section 8: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is (including without limitation the provisions of the Development Code Amendment set forth in Exhibit “A”), for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not aff ect the validity of the remaining portions of this O rdinance. The City Council hereby declares that it w ould have adopted this O rdinance, and each section, subsection subdivision, sentence, clause, phrase, or por tion thereof, irrespective of the fact that a ny one or more sections, subsections, subdiv isions, s entences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
THIS ORDINANCE WAS INTRODUCED AND READ ON THE 21ST DAY OF SEPTEMBER, 2022 AND APPROVED AND ADOPTED THIS ____ DAY OF _____ 2022.
__
____________________________
Bill Zimmerman, Mayor
Attest
:
______________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 6
Menifee Mayor and City Council
October 5, 2022
Page
97 of 549
- EXHIBIT A, page 1 -
Exhibit “A”
Article 3: Zones
Chapter 9.135 Commercial and Industrial Zones
Sections:
9.135.030 Allowed Uses and Approval Requirements
A.Allowed Use Table. Table 9.135.030-1 identifies allowed uses and corresponding approval requirements for the commercial and industrial zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6 of this title (Definitions). The list of land uses on Table
9.135.030 shall be permitted in one or more of commercial and industrial zones as indicated in the columns corresponding to each zone.
B.Approval Requirements. Where indicated with a letter “P” the use shall be a permitted use. A letter “C” indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a “--,” the use is prohibited within the zone. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table 9.135.030-1 authorize a use without satisfaction of such specified additional requirements
C.Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of the listed zones. The Community Development Director may make a determination pursuant to Chapter 9.95 (Similar Use Determination) that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 7
Menifee Mayor and City Council
October 5, 2022
Page
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- EXHIBIT A, page 2 -
Table 9.135.030-1 Commercial and Industrial Zones – Allowed Uses and Approval Requirements Adult businesses -- -- -- -- See Ordinance XX
Airport -- -- -- C
Ambulance services C C P P
Amusement arcade P -- C --
Amusement park, (including multiple activities such as simulated flying, racing, mini-golf, etc.)
Indoor
Outdoor
P
C P
C
Animals, Small (e.g. hamsters, rabbits, chinchillas, and similar sized animals) Non-Commercial
Commercial
P
--
P
--
P
--
P
--
Chapter
9.235 (Animal Keeping)
Animal hospitals and veterinary services
(with outdoor facilities)
P
C
--
P
C
C
--
Animal Rescue -- -- C C Chapter
9.235 (Animal Keeping)
Antique shops, pawn shops, thrift stores P -- C -- Outside collection bins prohibited
Art gallery, library, reading room, museum. P P -- --
Art supply shops and studios. P P P --
Auction Houses P -- P --
Auditoriums, event centers and assembly areas, including live entertainment:
Indoor
Outdoor
P
C
C
--
P
C
--
--
Bakery goods distributors. P -- P P
Bakery shops, Coffeehouse, Cybercafé, Delicatessens, Ice cream shops P P P -- Banks and financial institutions. P P P --
Banquet facilities. C -- C --
Batting cages – indoor
Outdoor
P
C -- C
C --
Billiard and pool halls, Bowling alleys P -- P -- Chapter
9.250 (Alcohol Sales)
Breweries, distilleries, and wine making facilities with on-site tasting room and sales for off-site consumption C -- P -- Chapter 9.250 (Alcohol Sales)
Business services P P P --
Car washes P -- C
Caretaker residence or on-site operator residence, only as accessory to primary use C C C C
Catering services P -- P --
Cemeteries and mausoleums -- -- C C
Clinics, including but not limited to medical and urgent care C C C -- Collection Containers -- -- -- --
Commercial television and radio broadcast structures -- -- -- P Concrete batch plants and asphalt plants -- -- -- C
Congregate care facility -- C C -- Chapter
9.270 (Community
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 8
Menifee Mayor and City Council
October 5, 2022
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- EXHIBIT A, page 3 -
Table 9.135.030-1 Commercial and Industrial Zones – Allowed Uses and Approval Requirements Care Facilities)
Contractor, landscape and building materials storage yard -- -- C C Convenience stores, not including the sale of motor vehicle fuel P -- P -- Dance Halls, night clubs, discos, cabarets, cocktail lounges, lodges and incidental dancing areas, and similar facilities where dancing is the principal use
C -- C -- Chapter 9.250 (Alcohol
Sales)
Day Care Center P C C --
Chapter
9.270 (Community
Care Facilities)
Department stores P -- P --
Drug Store P P -- --
Dry cleaning and laundromats (except uniform supply
and industrial launderers); P C C --
Educational Institution C C C C
Emergency shelters -- -- -- P
In locations specified
in the Housing
Element
Battery Energy Storage Facility, Utility Scale -- -- C C Chapter 9.300 (Energy Storage Facilities)
Equipment sales and rental, Large (including large vehicles, trucks with beds over 18 feet in length, eighteen plus (18+) wheelers, and construction equipment)
-- -- -- C
Equipment sales and rental, Small (including rototillers, power mowers, sanders, power saws, cement and plaster mixers not exceeding 20 cubic feet in capacity and other similar equipment)
P -- C C
Fast food/quick service, with drive-through C C C --
Fast food/quick service, without drive-through P P P -- Feed and grain sales C -- -- P
Fertilizer production and processing (organic or inorganic) -- -- -- C Funeral parlor, mortuary with crematorium -- C C --
Funeral parlor, mortuary without crematorium P C C --
Gas station with/without convenience store, with or without alcoholic beverage sales, and with or without car wash C -- C C
General retail P -- -- --
General warehousing, distribution centers, and storage (except noxious, explosives, or dangerous materials) -- -- P P
Golf Course -- -- -- --
Golf driving range (not in association with full scale course) C -- C -- Governmental facility P P P P
Grocery Store P -- -- -- Chapter 9.250 (Alcohol
Sales)
Hardware and Building Supplies
without outdoor sales/storage
with outdoor sales/storage
P
C
--
--
P
C
P
C
Health, fitness, dance, martial arts studio
<5,000 sq.ft.
>5,000 sq.ft
P
C
C
C
P
C
--
Heliports -- -- C C
Hospital C C -- --
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 9
Menifee Mayor and City Council
October 5, 2022
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- EXHIBIT A, page 4 -
Table 9.135.030-1 Commercial and Industrial Zones – Allowed Uses and Approval Requirements Hotels and resort hotels P C C --
Kennel or cattery -- -- C C Chapter
9.235 (Animal Keeping)
Laboratories, research and development P P P --
Live/work units C C C --
Lumber yard -- -- -- C
Manufacturing, Handcraft P P P P
Manufacturing, Light-Intensity -- C P P
Manufacturing, Medium-Intensity -- C C P
Manufacturing, Heavy-Intensity -- -- -- P
Marijuana dispensaries, mobile marijuana dispensaries, marijuana cultivation, and marijuana processing -- -- -- --
Massage Establishment C C -- --
Material storage yard -- -- C P
Membership clubs, organizations, and lounges C C C --
Mobile home sales and storage, trailer sales and rental house trailers C -- C C Motels C -- -- --
Motocross Facilities, Bicycle (BMX) course -- -- -- --
Motor vehicle body, paint and upholstery shops C -- C P Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle parts and supply stores P -- C --
Motor vehicle repair/services (e.g. tune-ups, emission tests, brakes, tires, batteries, electrical) P -- C P
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle repairs/services - major (e.g., engine and transmission repair/rebuild, etc.) -- -- C P
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle sales and rental (including outdoor display area and repairs associated with sales) C -- C --
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle wholesale, with no outdoor display P P P P Motor vehicle impound, wrecking and junk yards -- -- -- C Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle, trailer or boat storage -- --
C
(indoor
only)
C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Nurseries and garden supply, indoor and outdoor (retail sales only) P -- -- P Does not include
cultivation
of marijuana/cannabis.
Offices, professional and medical P P P --
Parking lots and parking structures P P P P
Personal and Professional Services P -- P --
Public utility substations and storage buildings -- -- -- P Radio and television broadcasting and recording studios P -- P -- Recreational vehicle, trailer and mobile home sales and rental. C -- C C Chapter 9.240 (Motor
Vehicle and Related
Uses)
Recycling collection facilities C -- C C Chapter
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 10
Menifee Mayor and City Council
October 5, 2022
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- EXHIBIT A, page 5 -
Table 9.135.030-1 Commercial and Industrial Zones – Allowed Uses and Approval Requirements
9.280 (Recycling
Facilities)
Recycling processing facilities -- -- C C
Chapter
9.280 (Recycling
Facilities)
Religious institutions P P P P
Restaurant P P P P Chapter 9.250 (Alcohol
sales)
Residential care facility -- C -- --
Chapter
9.270 (Community
Care Facilities)
Restaurants with breweries, distilleries and/or wine making facilities with sales for on-site and off-site consumption C C C C Chapter 9.250 (Alcohol sales)
Self-Storage, public storage facilities C -- C P
Shooting range; Indoor -- -- C --
Shooting range; Outdoor -- -- -- --
Simulated shooting games, Indoor (laser tag, etc.) C -- C -- Simulated shooting games, Outdoor (paintball, etc.) -- -- -- -- Solid Waste Disposal -- -- -- C
Specialized Retail P -- P --
Sports and recreational facilities (not including motor driven vehicles and riding academies, but including archery ranges, athletic playgrounds, athletic fields, sports arenas, skating rinks, skate parks stadiums, and commercial swimming pools)
Indoor
Outdoor
P
C
--
--
C
C
--
--
Studios for professional work in or teaching of any form of fine arts P C P -- Swap Meets (Indoor only) C -- -- C All activities must be conducted indoors.
Tattoo Establishments C C C -- Chapter 9.265 (Tattoo
Establishments)
Theater C -- C --
Tourist information centers P P P --
Towing services (with tow truck parking - no auto storage) -- -- P P Towing services (with tow truck parking and auto storage) -- -- -- C Transportation Stations (bus, railroad and taxi) P P P P Trucking and freighting operations -- -- -- C
Uniform supplier and industrial launderers -- -- C P
Utility offices, uses, and structures P P P P
Vehicle storage and impoundment within an enclosed building -- -- P P Vocational/trade school; C -- P C
Warehouse/club store, Standalone facility 50,000 sq. ft. or larger C -- C -- Wholesale businesses with samples on the premises but not including storage P -- P --
Wholesale stores and distributors -- -- C --
Wireless Communication Facilities C C C C
Chapter
9.290 (Wireless
Communications
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 11
Menifee Mayor and City Council
October 5, 2022
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- EXHIBIT A, page 6 -
Table 9.135.030-1 Commercial and Industrial Zones – Allowed Uses and Approval Requirements Facilities)
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 12
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October 5, 2022
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- EXHIBIT A, page 7 -
Article 5: Special Use Standards
Chapter 9.300 Energy Storage Facilities
Contents:
9.300.010 Purpose
9.300.020 Classification of Energy Storage Facilities
9.300.030 Applicability
9.300.040 Development Standards
9.300.050 Decommissioning
9.300.060 Performance Measures and Standard Conditions of Approval
9.300.070 Finding of Economic Benefit; Public Benefit Agreement; Exempt Projects
9.300.010 Purpose
Energy Storage Facility regulations are adopted with the intent of advancing and protecting the public health, safety, and welfare of the City of Menifee by establishing regulations for the installation and use of energy storage systems. The regulation herein are intended to protect the health, welfare, safety, and quality of life for the general public, to ensure compatible land uses in the areas affected by energy storage facilities and to mitigate the impacts of energy storage facilities on the environment.
9.300.020 Classification of Energy Storage Facilities
The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:
1. Battery: A single cell, stack, core building block, or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded from these requirements.
2. Battery Management System: An electronic system that prevents storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The system generates an alarm and trouble signal for abnormal conditions
3. Battery Energy Storage System: A system consisting of electrochemical, kinetic, thermal, or other form of energy-storage technology storage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle.
4. Cell: The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 13
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October 5, 2022
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- EXHIBIT A, page 8 -
5. Commissioning: A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.
6. Decommissioning Plan: A plan to retire the physical facilities of the Project, including decontamination, dismantlement, rehabilitation, landscaping and monitoring. The plan contains detailed information on the proposed decommissioning and covers the schedule, type and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation.
7. Energy Storage System: A system which stores energy and releases it in the same form as was input.
9.300.030 Applicability
The requirements of this ordinance shall apply to all utility-scale battery energy storage facilities permitted, installed, or modified after the effective date of this ordinance, excluding general maintenance and repair. Utility-scale battery energy storage systems constructed or installed prior to the effective date of this ordinance shall not be required to meet the requirements of this chapter. Modifications to, retrofits or replacements of an existing battery energy storage facility that increases the total energy storage system designed discharge duration or power rating shall be subject to this chapter. The continuation of legally established existing utility- scale battery energy storage systems shall be subject to the regulations and guidelines of Chapter 9.15 Nonconforming Uses and Structures of the City of Menifee Municipal Code.
9.300.040 Development Standards
1. Energy storage facilities must meet all applicable standards of the adopted Building and Safety Codes and of the adopted Fire Codes.
2. Energy storage facilities shall comply with the site design requirements set forth below in addition to all other applicable chapters of the City of Menifee Municipal Code:
a. Where visible from public view, the site shall be fully enclosed by a minimum six-foot, non-scalable solid wall. Where not visible from public view, the site shall be enclosed by a minimum six-foot, non-scalable solid wall or tubular steel or wrought iron fencing. Said wall or fencing shall be located outside of the required yard of the applicable zone.
Walls shall consist of either decorative concrete masonry block or decorative concrete tilt-up walls. Decorative masonry block means neutral colored slump stone block, split- face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete tilt-up wall means concrete with a combination of paint and raised patterns, reveals, and/or trim lines.
When sound and visual attenuation requires a wall exceeding 6 feet above the grade of the adjacent roadway, earth mounds shall be used, such that no more than 6 feet of the wall is visible from the roadway. The mounds shall not exceed a three-to-one (3:1) ratio slope. The mounds may support the wall or be placed against the wall on the street side.
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 14
Menifee Mayor and City Council
October 5, 2022
Page
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- EXHIBIT A, page 9 -
Maximum wall heights shall comply with Section 9.185.040(g) (“Maximum Heights”) of this Title.
b. No landscaping is required on the interior side of the screen walls described in subparagraph (a), above, regardless of the percentage of open space landscaped required.
The minimum required open space, as required by this Title, shall be limited to the perimeter landscaping surrounding the perimeter screening wall or fencing described in subparagraph (a), above. Said perimeter landscaping shall be no less than the applicable required yard setbacks.
c. Solid walls surrounding facilities which are below grade of an adjacent street or property shall incorporate a berm/slope along the entire length of the wall to ensure facilities are not visible from public view.
d. Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls.
e. Except as set forth in subparagraph (f), no equipment or appurtenances not in an enclosed structure shall exceed the screen wall height described in subparagraph (a), above, unless it can be demonstrated through a line-of-sight analysis to the satisfaction of the approval body that the wall height will sufficiently screen said equipment and/or appurtenances. Enclosures for batteries and other systems shall not exceed fifteen feet in height.
f. Accessory structures such as utility poles or utility connection equipment, substation switchyard and similar equipment, necessary for the operation of the facility may exceed the height standards of the applicable zone subject to Planning Commission approval.
g. Within the Business Park (BP) zone, all equipment or appurtenances shall be located within an enclosed building. However, accessory structures such as utility poles or utility connection equipment substation switchyard, and similar equipment, necessary for the operation of the facility is not required to be located within the enclosed building. h. On-site parking shall be provided as specified below:
i. For sites occupied daily by employees or contractors, one parking space per employee or contractor shall be provided.
ii. For unoccupied sites, one on-site parking space shall be provided. iii. AII parking, fire access roadway, and drive aisles shall be paved with asphalt or concrete.
iv. All parking lots shall comply with Section 9.215, Parking and Loading Standards.
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 15
Menifee Mayor and City Council
October 5, 2022
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- EXHIBIT A, page 10 -
vi. All facilities shall have an approved signage plan including safety signage to be posted at the site.
i. All improvements and site specifications shall be subject to approval of a Hazard Mitigation Analysis. Said reports shall be reviewed by the City of Menifee Fire Department and Building and Safety Departments. These reports must be approved concurrent with any entitlements. The purpose of this analysis is to evaluate the potential for adverse effects to people or the environment related to hazards and hazardous materials. The California Environmental Quality Act (CEQA) requires the analysis of potential adverse effects of a project on the environmental. Consistent with Appendix G of the CEQA Guidelines, a proposed project would cause adverse impacts related to hazards and hazardous materials if they would create a significant hazard to the public or the environmental through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.
9.300.050 Decommissioning
1. Decommissioning Plan. Prior to issuance of any permits related to decommissioning activities, the applicant shall submit a decommissioning plan containing a narrative description of the activities to be accomplished for removing the energy storage system from service, and from the facility in which it is located. The decommissioning plan shall also include:
a. A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;
b. Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;
c. The anticipated life of the battery energy storage system; d. The manner in which the battery energy storage system will be decommissioned, and the Site restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and e. A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.
2. Ownership Changes. If the owner of the battery energy storage facility changes or the owner of the property changes, the project approvals shall remain in effect, provided that the successor owner or operator assumes in writing all the obligations of the project, site plan approval, and decommissioning plan. A new owner or operator of the battery energy storage facility shall notify the Community Development Department of such change in ownership or operator within 30 days of the ownership change. A new owner or operator must provide such Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 16
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October 5, 2022
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- EXHIBIT A, page 11 -
notification to the Community Development Department in writing. The project and all approvals for the battery energy storage facilities would be void if a new owner or operator fails to provide written notification to the Community Development Department in the required timeframe. Reinstatement of a voided project or approvals will be subject to the same review and approval processes for new applications under this chapter.
9.300.060 Performance Measures and Standard Conditions of Approval The following measures shall be included as performance measures and standard conditions of approval for all energy storage facilities.
a. Facilities shall not store any products, goods, materials, or containers outside of any building on-site.
b. Facilities shall comply with Chapter 9.210 Noise Control Regulations of the City of Menifee Municipal Code.
c. Operators shall address any nuisance, safety issues or violations of conditions of approval within forty-eight hours of being notified by the city that an issue exists. d. Prior to the issuance of a Certificate of Occupancy or Business License, any operator of an energy storage facility shall sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility.
9.300.070 Finding of Economic Benefit; Public Benefit Agreement; Exempt Projects
1. Consistent with Public Resources Code section 25545.9, and in additional to all other findings and determinations necessary for the grant of a conditional use permit, no conditional use permit for an Battery Energy Storage Facility, Utility Scale shall be granted unless the City finds that the construction and operation of the facility will have an overall net positive economic benefit to the City. For purposes of this sub-section, economic benefits may include, but are not limited to, any of the following:
a. Employment growth.
b. Housing development.
c. Infrastructure and environmental improvements.
d. Assistance to public schools and education.
e. Assistance to public safety agencies and departments. f. Property taxes and sales and use tax revenues.
2. Consistent with Public Resources Code section 24454.10, no conditional use permit for an Battery Energy Storage Facility, Utility Scale shall be granted unless the City has entered into a legally binding and enforceable agreement with, or that benefits, the City, where there is mutual Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 17
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October 5, 2022
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- EXHIBIT A, page 12 -
benefit to the parties to the agreement. The topics and specific terms of the community benefits agreements may vary and may include funding for or providing specific community improvements or amenities such as park and playground equipment, urban greening, enhanced safety crossings, and paving roads and bike paths.
3. The City of Menifee finds and declares that, where an Battery Energy Storage Facility, Utility Scale is issued a certificate pursuant to Chapter 6.2 (commencing with Section 25545) of Division 15 of the Public Resources Code, and where such certificate is in lieu of a conditional use permit or other permit, certificate, or document required by the City, a community benefit agreement in the form described in subdivision (2), above, shall satisfy the obligations on Public Resources Code section 24454.10.
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 18
Menifee Mayor and City Council
October 5, 2022
Page
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- EXHIBIT A, page 13 -
Article 6: Definitions
Chapter 9.300 Universal Definitions
Sections:
9.300.030 “B” Definitions
Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade or parapet.
Bar. Premises used primarily for the dispensing of alcoholic beverages by the drink for on-site consumption.
Battery: A single cell, stack, core building block, or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded from these requirements.
Battery Management System: An electronic system that prevents storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The system generates an alarm and trouble signal for abnormal conditions
Battery Energy Storage Systems. A system consisting of electrochemical storage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle.
Battery Energy Storage Facility, Utility Scale. Stationary batteries that are connected to distribution/transmission networks or power-generation assets. Utility scale may also be referred to as “front-of-the-meter”, large-scale or grid-scale battery storage. Utility Scale systems are intended primarily to interact with the electric grid and are not intended to serve a specific end user “behind-the-meter”. Utility-scale systems increase flexibility in power systems, provide grid reliability support and enable an optimal use of variable electricity sources like photovoltaic and wind.
Bed and Breakfast. A business operated in an owner-occupied residence offering short-term rental of overnight accommodations, which provides on-site breakfast service.
Bedroom. A private room for sleeping, separated from other rooms, and accessible to a bathroom without crossing another bedroom.
Berm. A mound of earth or the act of pushing earth into a mound.
Buffer Area. A strip of land established to protect one type of land use from another land use.
A buffer may include a physical separation in the form of a specified distance, landscaping, berms or other screens which block vision, noise or other negative impacts.
Buildable Area/Building Envelope. The area of a lot remaining after the minimum setback and open space requirements have been met; the area within which primary and accessory structures may be located, unless an encroachment into the setback is otherwise permitted.
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 19
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October 5, 2022
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- EXHIBIT A, page 14 -
Building. Any structure having a roof, or fully enclosed by walls, and intended for the shelter, housing or enclosure of persons, animals or property.
Building, Accessory. See Structure, Accessory.
Building Height. Building height shall be measured in accordance with Section in 9.195.040.A (Height Measurement).
Building Permit. Written permission issued by the City for the construction, repair, alteration or addition to a structure or building.
Building, Primary. A building in which the principal use is conducted.
Business Services. Rendering services to business establishments on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, office-related equipment rental and leasing, commercial research, development and testing, photo finishing and model building.
Sections:
9.300.050 “D” Definitions
Day Care Centers. Establishments providing nonmedical care for persons on a less than 24- hour basis other than in a family day care home (see Family Day Care Home). This classification includes nursery schools, preschools, and day-care facilities for children or adults, and any other day-care facility licensed by the State of California.
Days. Shall always be consecutive calendar days, unless otherwise stated.
Decommissioning Plan: A plan to retire the physical facilities of the Project, including decontamination, dismantlement, rehabilitation, landscaping and monitoring. The plan contains Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 20
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October 5, 2022
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- EXHIBIT A, page 15 -
detailed information on the proposed decommissioning and covers the schedule, type and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation.
Dedication. The transfer of property, such as streets and roads or other public usage, to a public agency or utility for specific purposes.
Density. The number of dwelling units, households or housing structures per unit of land.
Density Transfer. The transfer of all or part of the permitted density from one parcel to another parcel.
Detached. Any building or structure that does not have a wall or roof in common with any other building or structure.
Developer. The legal or beneficial owner or owners of property to be developed or being developed, including the holder of an option or contract to purchase or other person(s) having enforceable proprietary interests in such property.
Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
Development Agreement. A contract between the City and a developer through which the developer receives vested rights to construct a project subject to specific requirements benefiting the community.
Development Code. A set of land use regulations, as contained in Title 9 of the Menifee Municipal Code, adopted by the City which prescribes standards and regulations for land use and development.
Development Rights. The legally established right to develop land by a party.
Director. The Community Development Director of the City of Menifee or his/her designee.
Discretionary Decision. An action taken by a governmental agency that calls for the exercise of judgment in deciding whether to approve and/or how to carry out a project.
District. A zone or geographic area in the municipality within which certain zoning or development regulations apply.
Drainage. Surface water runoff; the removal of surface water or groundwater from land by drains, grading or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development.
Drainage Area. A geographical area, formed by topography, which collects and directs surface runoff from precipitation to natural or man-made channels.
Drive-through. Any portion of a building or development intended to allow service direct from the building through a window, kiosk or automated delivery system to vehicle occupants. Such facilities include but are not limited to food service windows, automatic teller machines or similar service systems.
Driveway. A roadway providing direct access for vehicles between a street or highway and an area containing parking spaces, loading, storage or refuse collection areas.
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 21
Menifee Mayor and City Council
October 5, 2022
Page
112 of 549
- EXHIBIT A, page 16 -
Dwelling. A structure or portion thereof which is used for human habitation, including provision for living, sleeping, eating, cooking and sanitation.
Single Family, Attached. A dwelling unit designed for occupancy by one household, located on a single lot and typically grouped together with similar units. They may be attached through vertical party wall(s) to one or more dwellings on abutting lots or may be joined by carports or garages.
Single Family, Detached. A dwelling unit designed for occupancy by one household and located on a separate lot from any other dwelling, except permitted accessory dwelling units. This classification includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code Duplex. A single building on a lot that contains two dwelling units or two single- unit dwellings on the same lot. Duplex does not include a single family dwelling with an accessory dwelling unit on the same lot, which is an accessory residential unit as defined by State law and this Title (see Accessory Dwelling Unit).
Multiple Family. A single building on a lot that contains three or more dwelling units or three or more single-unit dwellings on the same lot, or any combination thereof.
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 22
Menifee Mayor and City Council
October 5, 2022
Page
113 of 549
- EXHIBIT A, page 17 -
Menifee North Specific Plan No. 260, Amendment 3
ORDINANCE NO. 348.4581
AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING ORDINANCE NO. 348 RELATING TO ZONING
The Board of Supervisors of the County of Riverside ordains as follows:
Section 1. Article XVIIa, Section 17. 73 of Ordinance No. 348 is amended in its entirety to read as follows:
SECTION 17.73 S.P. ZONE REQUIREMENTS AND STANDARDS FOR SPECIFIC PLAN NO. 260. a. Planning Areas 2 and 3.
1. The uses permitted in Planning Areas 2 and 3 of Specific Plan No. 260 shall be the same as those uses permitted in Article XII, Section 12.2 of Ordinance No. 348, in addition Utility-Scale Battery Energy Storage Systems are permitted subject to Chapter 9.300 of the City of Menifee Municipal Code.
2. The development standards for Planning Areas 2 and 3 of Specific Plan No. 260 shall be the same as those standards identified in Article XII, Section 12.4 of Ordinance No. 348. However, the development standards of Chapter 9.300 shall apply to Utility-Scale Battery Energy Storage System uses.
3. Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article XII of Ordinance No. 348.
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 23
Menifee Mayor and City Council
October 5, 2022
Page
114 of 549
CITY OF MENIFEE
Community Development Department
Cheryl Kitzerow – Community Development Director
CITY OF MENIFEE
Community Development Department
Cheryl Kitzerow – Community Development Director
NOTICE OF EXEMPTION
TO: Office of Planning and Research (OPR)
P.O. Box 3044
Sacramento, CA 95812-3044
County of Riverside County Clerk
FROM:City of Menifee
Community Development Department
29844 Haun Road
Menifee, CA 92586
Project Title/Case No.: Development Code Amendment No. LR 22-0130 – Development Code Update for Battery Energy Storage Systems
Project Location:
The changes to the permitted uses apply to properties zoned Business Park, Heavy Industrial and Menifee Valley Specific Plan, Planning Areas 2 and 3 throughout the City. The special use standards and definitions which are proposed to be added are applicable Citywide.
Name of Public Agency Approving Project:City of Menifee Project Sponsor: City of Menifee – Contact: Ryan Fowler, [email protected] or (951) 723-3740 Exempt Status: (Check one)
Ministerial (Sec. 21080(b)(1); 15268)
Declared Emergency (Sec. 21080(b)(3); 15269(a))
Emergency Project (Sec. 21080(b)(4); 15269 (b)(c))
Categorical Exemption
Statutory Exemption
Other: (15061.b.3)(15378(a))(15378(b)(5))
Reasons why project is exempt: The City has considered the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) with regard to the possible impacts the proposed Development Code Amendment may have upon the environment. The adoption of the proposed amendment does not fall within the definition of a “project” under CEQA because it, as a narrative change to the Municipal Code, does not have the potential for resulting in a direct or indirect physical change in the environment (CEQA Guidelines 15378(a)) and is an administrative activity of the City that will not result in direct or indirect physical changes in the environment (CEQA Guidelines 15378(b)(5)). In addition, the adoption of the proposed amendment is exempt from CEQA because there is no possibility that the proposed ordinance, as a textural change to the Municipal Code, may have a significant impact on the physical environment (CEQA Guidelines 15061) and because, per Section 15061(b)(3), it can be seen with certainty to have no possibility of a significant effect upon the environment.
Granting the development code text changes incorporating new development standards and definitions and establishing permitted and conditionally permitted uses related to utility-scale battery energy storage systems will not have any potential for causing a significant effect on the environment and does not have the possibility of changing the physical environment. The changes reduce environmental impacts and align the development code with the City’s adopted General Plan. All future development projects will provide project specific analysis and comply with the existing General Plan EIR Mitigation Measures. Therefore, this determination is an issue of fact and sufficient evidence exists in the record that the activity will not have a significant effect on the environment.
Official County Use Only
Item Title: 10.7
Second
Reading
and
Adoption
of
an
Ordinance
Amending
the
Development
Code
Regarding
Battery
Energy
Storage
Systems
Item Page Number: 24
Menifee Mayor and City Council
October 5, 2022
Page
115 of 549
NOTICE OF EXEMPTION