Cities Index.
Agenda packet, first session

Menifee City Council
October 19, 2022

Document
Agenda packet, first session
Meeting
October 19, 2022
Body
Menifee City Council
Pages
919
Original file
327.2 MB
Text extracted from the city's file for reading and search. Open the original on cityofmenifee.primegov.com. That file is the official record.
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iii. Westbound: One through lane, one shared through / right turn lane, one left turn lane
iv. Eastbound: Two through lanes, one right turn lane, one left turn lane v. Modify signal to eliminate north / south split phase operation vi. Modify signal to provide north / south protected left turn vii. Modify signal to provide eastbound right turn overlap phasing f. McCall Boulevard at Interstate 215 Southbound: The developer / property owner shall pay a fair share to widen the roadway and modify the existing traffic signal at a fair share cost of 9.8% of the total cost of the improvement with the following geometrics:
i. Southbound: One shared through / left turn lane, Two right turn lanes, one left turn lane
ii. Westbound: Two through lanes, one left turn lane
iii. Eastbound: Two through lanes, one right turn lane
311. Road Bridge Benefit District (RBBD) – Prior to the City’s approval of any construction plans associated with the development project, unless otherwise approved by the City Engineer and Public Works Director, the developer shall prepare the engineering exhibits and cost estimates to assist the City in evaluating the feasibility for formation of a Road and Bridge Benefit District for the ultimate street improvements and traffic signals for the following facilities: Ethanac Road, McLaughlin Road, Trumble Road, Sherman Road, Dawson Road and Antelope Road. The limits of the facilities and the boundary of the benefit area will be as approved by the City Engineer and Public Works Director. If the RBBD is formed, the developer shall either pay its proportionate share of the cost to construct the RBBD improvements or enter into an RBBD Credit Agreement with the City for qualifying improvements. The RBBD credits shall be in addition to eligible TUMF and DIF credits. The engineering costs to form the district and eligible construction costs shall be reimbursable from the RBBD.

G NPDES and WQMP
312. Stormwater Management - All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter

15.01 for Stormwater/Urban Runoff Management Program and as determined and approved by the Public Works Director / City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board.
313. Trash Enclosures Standards and Specifications – Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including:
a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open.
b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high.
c) Provision of concrete slab floor, graded to collect any spill within the enclosure.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 317
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d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed.
e) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces.
f) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access.

Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non-hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria.

An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following:
a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants.
b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water.
c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins.
314. SWRCB, TRASH AMENDMENTS. The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries – collectively referred to as the “Trash Amendments.” Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined to be within Priority Land Uses as defined in the Trash Amendments, shall provide trash full capture devices to remove trash from all Priority Land Use areas that will contribute storm water runoff to the City of Menifee’s MS4. All trash full capture devices shall be listed on the State Board’s current list of certified full capture devices posted on their website (https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_implementati on.shtml), or otherwise approved by State or Regional Water Quality Control Board staff.

Storm water runoff from privately owned Priority Land Use areas shall be treated by full capture devices located within privately owned storm drain structures or otherwise located on the privately owned property, whenever possible. Runoff from Priority Land Use areas created or modified by the project, and which are proposed to be City owned, shall be treated by full capture devices located within city-owned storm drains or otherwise located within the public right of way.

Prior to Grading Permit Issuance:

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315. Final Project-Specific Water Quality Management Plan (Final WQMP) – The following report was reviewed and approved by the City:
a. Preliminary Project Specific Water Quality Management Plan, Menifee Crossroads, PP2019-005, prepared by Albert A. Webb Associates, dated May 2021.

Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works / Engineering Department. The final developed project construction plans shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works / Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies:
a. Hydrology/hydraulics report
b. Soils Report that includes soil infiltration capacity 316. Revising the Final WQMP. In the event the Final WQMP requires design revisions that will substantially deviate from the approved Prelim WQMP, a revised or new WQMP shall be submitted for review and approval by the Public Works / Engineering Department. The cost of reviewing the revised/new WQMP shall be charged on a time and material basis.

The fixed fee to review a Final WQMP shall not apply, and a deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP. 317. WQMP Maintenance Agreement – All water quality features or BMPs shall be located within the property limits, and the maintenance shall be the full responsibility of the developer / project owner. Prior to, or concurrent with the approval of the FINAL WQMP, the developer / property owner shall record Covenants, Conditions and Restrictions (CC&R’s) that addresses the implementation and maintenance of proposed WQMP BMPs, or enter into an acceptable maintenance agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP.

Prior to Issuance of Any Certificate of Occupancy:
318. WQMP/BMP Education – Prior to issuance of Certificate of Occupancy, the developer / project owner shall provide the City proof of notification to future occupants of all BMP’s and educational and training requirements for said BMP’s as directed in the approved WQMP. Proof of notification shall be provided to the Public Works / Engineering Department in forms determined acceptable by the Public Works Director / City Engineer.

Public Education Program materials may be obtained from the Riverside County Flood Control and Water Conservation District’s NPDES Section through their website at www.rcwatershed.org. The developer must provide to the Public Works / Engineering Department a notarized affidavit, or other notification forms acceptable to the Public Works Director / City Engineer, stating that the distribution of educational materials to future homebuyers has been completed prior to issuance of occupancy permits.

A copy of the notarized affidavit must be placed in the final WQMP report. The Public Works / Engineering Department MUST also receive the original notarized affidavit with the plan check submittal in order to clear the appropriate condition.

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Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition.
319. Implement WQMP - All structural BMPs described in the project-specific WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all BMPs described in the approved project specific WQMP and that copies of the approved project-specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project until all proposed BMPs described in the approved project specific WQMPs, to which the portion of the project is tributary to, are completed and operational.
320. Inspection of BMP Installation – Prior to issuance of Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The Public Works Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and / or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site in a City maintained database for future periodic inspection.

H WATER, SEWER, AND RECYCLED WATER
321. Meet Minimum Standards – All public water, sewer and recycled water improvements shall be designed per the City adopted Riverside County Ordinances 460, 461 and 787; Eastern Municipal Water Districts (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD and the City of Menifee. 322. Utility Improvement Plans – Public Water, Sewer and Recycled Water improvements shall be drawn on City title block for review and approval by the Public Works / Engineering Department and EMWD.
323. Onsite and Offsite Sewer, Water and Recycled Water Improvements – All public onsite and offsite sewer, water and recycled water improvements shall be guaranteed for construction prior to building permit and approval of improvement plans. 324. Sewer Lines – Any new public sewer line alignments or realignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with Riverside County Ordinances 460/461 and Eastern Municipal Water District standards.
325. Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the Riverside County Ordinance Numbers 460 and 787, and subject to the approval of the Eastern Municipal Water District and the Riverside County Fire Department.

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I CITYWIDE COMMUNITY FACILITIES MAINTENANCE DISTRICT (CFD) Prior to Final Map Recordation:
326. Annexation to the Citywide Community Facilities District (CFD) –Prior to building permit, the developer / property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee citywide Community Facilities Maintenance District (Services). The citywide CFD shall be responsible for:

The maintenance of public improvements or facilities that benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, drainage facilities, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director / City Engineer.

The developer / property owner shall be responsible for all costs associated with the annexation of the proposed development in the citywide CFD. 327. CFD Annexation Agreement – In the event timing for this development’s schedule prevents the developer / property owner from complying with condition of approval for CFD annexation, the developer shall enter into a CFD annexation agreement to allow the annexation to complete prior to occupancy. The developer shall be responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to issuance of a building permit. 328. Landscape Improvement Plans for CFD Maintenance – Landscape improvements within public ROW and/or areas dedicated to the City for the citywide CFD to maintain shall be prepared on a separate City CFD plan for review and approval by the Public Works / Engineering Department.
329. CFD Landscape Guidelines and Improvement Plans – All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the Public Works / Engineering Department prior to issuance of a construction permit. 330. Landscaping on Sherman Road, Trumble Road, and Dawson Road – The parkway areas behind the sidewalk within the public right-of-way fronting the entire property along Sherman Road, Trumble Road, and Dawson Road shall be landscaped and irrigated per City standards and guidelines. These areas shall be maintained by the CFD. 331. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant facilities to be maintained by the citywide CFD shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system.

J WASTE MANAGEMENT
332. AB 341 - AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 321
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to recycle. A business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal:
a. Source separate recyclable and/or compostable material from solid waste and donate or self-haul the material to recycling facilities. b. Subscribe to a recycling service with their waste hauler. c. Provide recycling service to their tenants (if commercial or multi-family complex).
d. Demonstrate compliance with the requirements of California Code of Regulations Title 14.

For more information please visit:
www.rivcowm.org/opencms/recyclying/recycling_and_compost_business.html#ma ndatory
333. AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate eight (8) cubic yards or more or organic waste per week to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the following actions in order to divert organic waste from disposal:
a. Source separate organic material from all other recyclables and donate or selfhaul to a permitted organic waste processing facility. b. Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those services meet the requirements of AB 1826.
c. Consider xeriscaping and using drought tolerant/low maintenance vegetation in all landscaped areas of the project.

As of January 1, 2019, the above requirements are now applicable to businesses that generate four (4) or more cubic yards of solid waste per week and one (1) or more cubic yards of organic waste per week. Additionally, as of January 1, 2019, a third trash bin is now required for organics recycling, which will require a larger trash enclosure to accommodate three (3) trash bins. This development is subject to this requirement.

Prior to Building Permit Issuance:
334. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the City of Menifee Engineering/Public Works Department for review and approval. The plot plan shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/façade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler.

The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit.

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335. Waste Recycling Plan. Prior to the issuance of a building permit for each building, a Waste Recycling Plan (WRP shall be submitted to the City of Menifee Engineering/Public Works Department for approval. Completion of Form B “Waste Reporting Form” of the Construction and Demolition Waste Diversion Program may be sufficient proof of WRP compliance, as determined by the Public Works Director / City Engineer. At minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amounts of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used to further source separation of C&D recyclable materials.

Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler.

Prior to Issuance of Any Certificate of Occupancy
336. Waste Management Clearance. Prior to issuance of an occupancy permit for each building, evidence (i.e., receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to the Engineering and Public Works Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. Completion of Form C, “Waste Reporting Form” of the Construction and Demolition Waste Diversion Program along with the receipts may be sufficient proof of WRP compliance, as determined by the PW Director / City Engineer.

K FEES, DEPOSITS AND DEVELOPMENT IMPACT FEES
337. Fees and Deposits. Prior to approval of grading plans, improvement plans, issuance of building permits, map recordation, and/or issuance of certificate of occupancy, the developer / property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), Development Impact Fees (DIF), and any applicable regional fees including potential Road and Bridge Benefit District (RBBD) Fees unless included in an RBBD credit agreement for infrastructure completed as part of the project. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. 338. TUMF Fees – Prior to the issuance of an occupancy permit, the developer / property owner shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to adopted City Ordinance governing the TUMF program.

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Section IV:

Building and Safety Department
Conditions of Approval
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General Requirements
339. Final Building & Safety Conditions. Final Building & Safety Conditions will be addressed when building construction plans are submitted to Building & Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 340. Compliance with Code. All Design components shall comply with applicable provisions of the 2019 edition of the California Building, Plumbing and Mechanical Codes; 2019 California Electrical Code; California Administrative Code, 2019 California Energy Codes, 2019 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Menifee Municipal Code. If a code cycle changes prior to submission of any plans or documents, the plans submitted shall be updated to the current State of California, Title 24, Code of Regulations, City of Menifee Ordinance, or any other state, federal, or city requirements.
341. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include:
a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entrance of the building.
c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right of way to all public areas on site, such as enclosures, clubhouses and picnic areas.
342. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at the time of plan review, a complete exterior site lighting plan with a “photometric study” showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building & Safety Department. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin and below.
343. Street Name Addressing. Applicant must obtain street name addressing for all proposed buildings by requesting street name addressing and submitting a site plan for commercial, residential/tract, or multi-family residential projects. 344. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 345. Obtaining Separate Approvals and Permits. Temporary construction/sales trailers, temporary power poles/generators, trash enclosures, patio covers, light standards, building and monument signage, and any block walls will require separate approvals and permits.

Solid covers are required over new and existing trash enclosures. 346. Demolition. (If applicable) Demolition permits require separate approvals and permits.

AQMD notification and approval may be required.

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347. On-Site Sanitary Sewer and Domestic Water Plan Approvals. On-site sanitary sewer and domestic water plans will require separate approvals and permits from Building and Safety.

A total of 6 sets shall be submitted.
348. Hours of Construction. Signage shall be prominently posted at the entrance of the project indicating the hours or construction, as allowed by the City of Menifee Municipal Ordinance

8.01.010, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday 6:30am to 7:00pm. No work is permitted on Sundays and nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer.
349. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site.

Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 350. Roof Drains. Drainage water collected from a roof, awning, canopy or marquee, and condensate from mechanical equipment shall not flow over a public walking surface. 351. Protection and penetration. Protection of joints and penetrations in fire resistance-rated assemblies shall not be concealed from view until inspected for all designed fire protection.

Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Officials/Fire Marshal’s approval.

At Plan Review Submittal
352. Submitting Plans and Calculations. Applicant must submit to Building & Safety one (1) complete set of each document listed below for electronic submittals or, seven (7) complete sets of plans and two (2) sets of supporting documents, two (2) sets of calculations for review including: All plans shall be submitted on minimum 24” x 36” size paper or digital equivalent.

General Requirements
a. All sheets of the plans and the first sheet of the calculations are required to be signed by the licensed architect or engineer responsible for the plan preparation. (Business & Professions Code 5802), (Business & Professions Code 5536.1, 5802, & 6735)
Cover Sheet
b. Vicinity Map
c. Parcel number and Site Address
d. Business Name
e. Occupancy Type
f. Occupant Load
g. Type of Construction
h. Number of stories
i. Building Height
j. Floor Area in sq. ft.

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k. Building data: Building Type of Construction, Square Feet of leased area intended use/occupancy, occupant loads, Building Code Data: 2019 California Building Code, 2019 California Electrical Code, 2019 California Mechanical Code, 2019 California Plumbing Code, 2019 California Green Building Code, 2019 California Energy Code, and 2019 California Fire Code.
l. List any flammable/combustible materials, chemicals, toxics, or hazardous materials used or stored and total quantities or each, including MSDS reports. m. Indicate if the building has a fire sprinkler system. n. Sheet Index
Plot Plans
o. North Arrow
p. Property Lines/Easements
q. Street/Alleys
r. Clearly dimension building setbacks from property lines, street centerlines, and from all adjacent buildings and structures on the site plan. s. Accessible parking/unload areas, curb ramps, exterior route of travel to the leased area entry door and at least one route to the public right-of-way. t. Calculations and locations for future electric vehicle charging station parking stalls and calculations and locations for the required clean air vehicle parking stalls. u. Precise grading plans indicating surface grades, locations and details for all accessible walkways, parking stalls, access aisles, ramps, etc… Floor Plans
v. All wall lines to be indicated by double line.
w. Fully dimensioned and to scale (3/16 inch per foot minimum) x. Exit door locations, widths, and direction of door swing. y. Wall legend. Show walls as existing or new, with references to wall construction details indicating heights, framing member size, spacing and material type, connections at top and bottom and top of wall lateral bracing method. z. Show all fixed elements of construction e.g., bathroom facilities, fixtures, cabinets, storage racks and/or shelves.
aa. Accessible features e.g., fixed customer service counters, including kitchen, dining, or drinking bar counters, new bathroom facilities, access to new areas, features and elements.

Reflected Ceiling Plans
bb. Indicate the ceiling treatment, ceiling grid, and the placement of all light fixtures.

Section Views
cc. Walls and roof/ceiling finishes, complete occupancy separation and fire resistive construction if required, demising walls etc. For new conditioned spaces, section views shall indicate wall heights and insulation locations for walls and roof/ceilings.

Plumbing/Mechanical Plans
dd. System material types and sizes, waste/vent and potable water layouts or isometrics, plumbing fixture schedule, etc.
ee. HVAC equipment location, distribution layout, material type and sizes fire/smoke control devices and activation.
ff. Include a line of site detail showing new roof top equipment shielding. gg. Gas line diagram, material type, sizes, and load demand.

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Electrical Plans
hh. Interior Main Distribution single line diagram, panel location/schedule, and load calculations, etc.
ii. Electric power and lighting plans, interior fixture schedule, illuminated exit signs and emergency illumination.
jj. Title 24 Energy Electrical requirements including multi-level switching arrangements and automatic electrical lighting shut-off system.

Structural Plan/Foundation/Floor/Ceiling/Roof Plan and Details kk. Structural design justification of the existing roof framing for new mechanical equipment exceeding 300lbs.
ll. Foundation supporting elements and connections, reinforcement, slab, and footing details, etc.
mm. Structural frame plan(s).
nn. T-Bar ceiling standard details and seismic restraints.

Supplemental Information
oo. Submittal to include two (2) copied sets of original shell building Title 24 Energy Calculations or new 8.5” x 11” Title 24 Energy calculations or Energy calculations as for newly constructed conditioned space.
pp. Envelope or Mechanical for conditioned space as new construction or, as for an addition including, LTG (lighting) Energy calculations for new lighting with required forms copied to the full-size plan sheets.
qq. Separate submittals and permits are required for signs. Planning approval required prior to submittal to Building & Safety.
rr. Fees are based on the City of Menifee Adopted Fee Schedule. ss. Restaurant/Food establishments must obtain approval from the County Health Department/Food Division, and the local water/sewer purveyor for grease waste interceptors.
tt. All contractors/sub-contractors must show proof of State and City licenses and shall comply with SEC. 3800 of the Labor Code regarding Workers Compensation. uu. Applicant shall obtain all required clearances and/or approvals from Planning, Engineering, Fire, and the appropriate water district(s) prior to issuance of any building permits.
vv. A precise grading plan to verify accessibility for persons with disabilities. ww. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Maybe a deferred submittal. xx. Eastern Municipal Water District (EMWD) First Release Required.

Prior to Issuance of Grading Permits
353. On-site Domestic Water and Sanitary Sewer Plans. On-site domestic water and sanitary sewer plans, submitted separately from the building plans, shall be submitted to Building & Safety for review and approval.
354. Demolition Permits. (If applicable) A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. AQMD shall be notified and a Permit/Release shall be submitted to Building and Safety, Prior to Permit Issuance.

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Prior to Issuance of Building Permits
355. Plans require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Electronic Signature is acceptable. All associated Building Fees to be paid.
356. Each Department is required to Approve, with a signature.

Prior to Start of Construction
357. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction.

Prior to Temporary Certificate of Occupancy
358. Temporary Certificate of Occupancy. Application and deposit to be submitted, a minimum of 5 working days prior to effective date. Each department is required to provide an Exhibit’ clearly identifying those Conditions of Approval that remain outstanding with a signature.

Prior to Certificate of Occupancy
359. Each department is required to Review and Approve with a Signature once ALL Conditions of Approval have been Met/Approved.

Prior to Final Inspection
360. Each department that has conditions shall have completed and approved their final inspection prior to requesting the final inspection by the Building and Safety Department.

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Section V:

Riverside County Fire Department
Conditions of Approval
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361. Final fire and life safety conditions will be addressed when the Office of the Fire Marshal reviews building plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code (CFC), and related codes, which are in effect at the time of building plan submittal.
362. The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with the (CFC). and NFPA 24. Fire hydrants shall be located no closer than 40 feet from a building. A fire hydrant shall be located within 200 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire hydrants are (6” x 4” x 2 ½” x 2 ½”) (CFC 507.5.1, 507.5.7, Appendix C, NFPA 24-7.2.3)
363. The Fire Apparatus Access Road shall be (all weather surface) capable of sustaining an imposed load of 80,000 lbs. GVW. The fire apparatus access road or temporary access road shall be reviewed and approved by the Office of the Fire Marshal and in place during the time of construction. (CFC 501.4)
364. FIRE DEPARTMENT ACCESS-Fire apparatus access roads shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. 365. Fire apparatus access roads shall have an unobstructed width of not less than twenty–Six (26) feet as approved by the Office of the Fire Marshal and an unobstructed vertical clearance of not less the thirteen (13) feet six (6) inches. 366. Minimum fire flow for the construction of all commercial buildings is required per CFC Appendix B and Table B105.1. Prior to building permit issuance, the applicant/developer shall provide documentation to show there exists a water system capable of delivering the fire flow based on the information given. Subsequent design changes may increase or decrease the required fire flow.
367. GATES- Gate entrances shall be at least two feet wider than the width of the traffic lanes serving the gate. Any gate providing access from a road to a driveway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, 38 feet turning radius shall be used. 368. AUTO GATES- Gates shall be automatic minimum 24 feet in width. Gate access shall be equipped with a rapid entry system to include OPTICOM and Knox Electric switches. Plan shall be submitted to the Fire Department for approval prior to installation.

Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30 pounds.

Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 369. SPRINKLER SYSTEM- Buildings or structures exceeding 3600 sq. ft are required to have approved CFC and NFPA 13 compliant fire sprinkler systems installed. ESFR system to be required for a project of this size.

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370. UILDING ACCESS- Shall comply per Table 3206.2 California Fire Code, fir-e apparatus access roads in accordance with Section 503 shall be provided within 150 feet of all portions of the exterior walls of buildings used for high pile storage 371. ACCESS DOORS- Where building access is required by Table 3206.2, fire department access doors shall be provided in accordance with this section. Access doors shall be accessible without the use of a ladder.
372. NUMBER OF DOORS REQUIRED- Not less than one door shall be provided in each 100 linear feet, or fraction thereof, of the exterior walls that face required fire apparatus access roads. The required access doors shall be distributed such that the lineal distance between adjacent access doors does not exceed 100 feet.
373. SMOKE AND HEAT REMOVAL- Where smoke and heat removal is required by Table 3206.2 it shall be in accordance with Section 910.
374. ADDITIONAL REQUIRED HYDRANTS- Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards.

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Section VI:

Other Agency/Department Conditions
of Approval
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Section VII: Standard Conditions of Approval Cited in the Environmental Impact Report
SC-1 Prior to the issuance of grading permits, the City Engineer shall confirm that the Grading Plan, Building Plans and Specifications require all construction contractors to comply with South Coast Air Quality Management District’s (SCAQMD’s) Rules 402 and 403 to minimize construction emissions of dust and particulates. The measures include, but are not limited to, the following:
• Portions of a construction site to remain inactive longer than a period of three months will be seeded and watered until grass cover is grown or otherwise stabilized. • All on-site roads will be paved as soon as feasible or watered periodically or chemically stabilized.
• All material transported off-site will be either sufficiently watered or securely covered to prevent excessive amounts of dust.
• The area disturbed by clearing, grading, earthmoving, or excavation operations will be minimized at all times.
• Where vehicles leave a construction site and enter adjacent public streets, the streets will be swept daily or washed down at the end of the workday to remove soil tracked onto the paved surface.

SC-2 Pursuant to SCAQMD Rule 1113, the Project Applicant shall require by contract specifications that the interior and exterior architectural coatings (paint and primer including parking lot paint) products used would have a volatile organic compound rating of 50 grams per liter or less.

SC-3 Require diesel powered construction equipment to turn off when not in use per Title 13 of the California Code of Regulations, Section 2449.

SC-4 All construction equipment shall be maintained in good operating condition so as to reduce emissions. The construction contractor shall ensure that all construction equipment is being properly serviced and maintained as per the manufacturer’s specification. Maintenance records shall be available at the construction site for City of Menifee verification. The following additional measures, as determined applicable by the City Engineer, shall be included as conditions of the Grading Permit issuance:
• Provide temporary traffic controls such as a flag person, during all phases of construction to maintain smooth traffic flow.
• Provide dedicated turn lanes for movement of construction trucks and equipment on- and off-site.
• Truck traffic shall be generally routed to impact the least number of sensitive receptors (e.g., access locations, use of traffic control features, signage). • Appoint a construction relations officer to act as a community liaison concerning on-site construction activity including resolution of issues related to PM10 generation. • Improve traffic flow by signal synchronization and ensure that all vehicles and equipment will be properly tuned and maintained according to manufacturers’ specifications. • Require the use of 2010 and newer diesel haul trucks (e.g., material delivery trucks and soil import/export). If the City of Menifee determines that 2010 model year or newer diesel trucks cannot be obtained, or if the cost of using these 2010 or newer trucks is Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 339
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economically infeasible, the Project shall use trucks that meet EPA 2007 model year NOX and PM emissions requirements.
• During Project construction, all internal combustion engines/construction equipment operating on the Project site shall meet EPA-certified Tier 4 Final emissions standards according to the following:
▪ All off-road diesel-powered construction equipment shall meet the most readily available technology (CARB Tier 3, Tier 4 Interim, or Tier 4 Final emission standard) or incorporate CARB Level 3 Verified Diesel Emission Control Strategy (VDECS). In addition, all construction equipment shall be outfitted with BACT devices certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for similarly sized engines as defined by CARB regulations.
▪ A copy of each unit’s certified tier specification, BACT documentation (certified tier specification or model year specification), and CARB or SCAQMD operating permit (if applicable) shall be made available if requested at the time of mobilization of each applicable unit of equipment. This equipment shall be used when commercial models that meet the construction needs of the proposed project are commercially available from local suppliers/vendors. The determination of commercial availability of such equipment shall be made by the City of Menifee, based on applicant-provided evidence from expert sources, such as construction contractors in the region. • In the event of a conflict between this condition and the MMRP, this condition shall take priority.

SC-5 Install water-efficient irrigation systems and devices, such as soil moisture-based irrigation controls and sensors for landscaping according to the City’s Landscape Water Use Efficiency requirements (Chapter 15.04 of the City’s Municipal Code).

SC-6 Prior to issuance of Certificate of Occupancy, the Project shall be required to (1) provide twenty percent (20%) of the employee parking stalls on-site as "EV ready," with all necessary conduit and related appurtenances installed, and (2) provide five percent (5%) of the twenty percent (20%) of the employee parking stalls on-site equipped with working Level 2 Quickcharge EV charging stations installed. Signage shall be installed indicating EV charging stations/stalls and specifying stalls that are reserved for clean air/EV vehicles. In the event of a conflict between this condition and the MMRP, this condition shall take priority.

SC-7 The Project shall be required to incorporate light colored roofing materials with a solar reflective index (“SRI”) of not less than 78 on the office area of the building. In the event of a conflict between this condition and the MMRP, this condition shall take priority.

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SC-8 The Project shall be designed in accordance with the applicable Title 24 Energy Efficiency Standards for Nonresidential Buildings (California Code of Regulations [CCR], Title 24, Part 6). These standards are updated, nominally every three years, to incorporate improved energy efficiency technologies and methods. The Building Official, or designee shall ensure compliance prior to the issuance of each building permit. The Title 24 Energy Efficiency Standards (Section 110.10) require buildings to be designed to have 15 percent of the roof area “solar ready” that will structurally accommodate later installation of rooftop solar panels.

If future building operators pursue providing rooftop solar panels, they will submit plans for solar panels prior to occupancy.

SC-9 The Project shall be designed in accordance with the applicable California Green Building Standards (CALGreen) Code (24 CCR, Part 11). The Building Official, or designee shall ensure compliance prior to the issuance of each building permit. These requirements include, but are not limited to:
• Design buildings to be water-efficient. Install water-efficient fixtures in accordance with Section 5.303 (nonresidential) of the California Green Building Standards Code Part 11. • Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 5.408.1 (nonresidential) of the California Green Building Standards Code Part 11.
• Provide storage areas for recyclables and green waste and adequate recycling containers located in readily accessible areas in accordance with Section 5.410 (nonresidential) of the California Green Building Standards Code Part 11. • Provide designated parking for any combination of low-emitting, fuel efficient and carpool/van pool vehicles. At least eight percent of the total parking spaces are required to be designated in accordance Section 5.106.5.2 (nonresidential), Designated Parking for Clean Air Vehicles, of the California Green Building Standards Code Part 11.

SC-10 Trees shall be installed in automobile parking areas to provide 50 percent shade cover of parking areas within fifteen years. Trees shall be planted that are capable of meeting this requirement.

SC-11 Prior to the issuance of a tenant occupancy permit, the Community Development Department shall confirm that all truck access gates and loading docks within the project site shall have a sign posted that states:
• Truck drivers shall turn off engines when not in use. • Truck drivers shall shut down the engine after three minutes of continuous idling operation. Once the vehicle is stopped, the transmission is set to “neutral” or “park,” and the parking brake is engaged.
• Telephone numbers of the building facilities manager, the SCAQMD, and CARB to report violations.
• Signs shall also inform truck drivers about the health effects of diesel particulates, the California Air Resources Board diesel idling regulations, and the importance of being a good neighbor by not parking in residential areas.
• The Operator shall designate an officer to monitor trucks on-site for compliance. • In the event of a conflict between this condition and the MMRP, this condition shall take priority.

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SC-12 All forklifts shall be electric or use low-carbon or zero-carbon fuels. In the event of a conflict between this condition and the MMRP, this condition shall take priority.

SC-13 To the extent feasible, the project shall restrict the turns trucks can make entering and exiting the facility to route trucks away from sensitive receptors by posting signs at every truck exit driveway providing directional information to head toward designated truck routes. In the event of a conflict between this condition and the MMRP, this condition shall take priority.

SC-14 Prior to issuance of Certificate of Occupancy, signs and drive aisle pavement markings shall clearly identify the on-site circulation pattern to minimize unnecessary on-site vehicular travel.

SC-15 All signage installed as part of the Project shall be legible, durable, and weather-proof.

SC-16 To ensure that the Project’s electrical room(s) is sufficiently sized to accommodate the potential need for additional electrical panels, either (1) a secondary electrical room shall be provided in the building, or (2) the primary electrical room shall be sized 25% larger than is required to satisfy the service requirements of the building or the electrical gear shall be installed with the initial construction with 25% excess demand capacity.

SC-17 Prior to issuance of Certificate of Occupancy, the facility’s operator shall be required to provide the City with a copy of the Project’s recycling program.

SC-18 A Property Maintenance Program shall be submitted for review and approval by the Planning Director or his/her designee prior to the issuance of building permits. The program shall provide for the regular maintenance of building structures, landscaping, and paved surfaces in good physical condition, and appearance. The methods and maximum intervals for maintenance of each component shall be specified in the program.

SC-19 The Project does not include cold storage.

SC-20 The Project has been designed such that the check-in points for trucks comply with the City’s good neighbor policies for on-site truck queuing. Further, the applicant shall provide signage stating that queuing and/or parking in the public right-of-way is prohibited. Signage shall also be placed at the entrance of the site for the community in case of complaints and shall include the phone number of the building manager or designee. The building manager or designee shall be responsible for ensuring compliance with this measure tenant and third-party truck owners.

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The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. _______________________________________________ ___________________ Signed Date
_______________________________________________ ___________________ Name (please print) Title (please print)
Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 343
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NOTICE OF PUBLIC HEARING
AND

NOTICE OF AVAILABILITY AND NOTICE OF INTENT TO ADOPT

A FINAL ENVIRONMENTAL IMPACT REPORT
TIME OF HEARING: 6:00 P.M., or as soon as possible thereafter DATE OF HEARING: October 19, 2022
PLACE OF HEARING: MENIFEE CITY COUNCIL CHAMBERS
29844 Haun Road, Menifee, CA 92586
A PUBLIC HEARING has been scheduled, pursuant to the City of Menifee Municipal Code, before the CITY OF MENIFEE CITY COUNCIL to consider the project shown below:

Project Title: “Menifee Commerce Center” – Planning Application Nos. General Plan Amendment No.

PLN21-0100, Change of Zone No. PLN21-0101, Specific Plan Amendment No. 2019-006, Tentative Parcel Map No. 38156 (PLN21-0205) and Plot Plan No. 2019-005 – Environmental Impact Report (EIR) (State Clearinghouse Number #2021060247)
Project Location: The project is generally bounded by a Riverside County Flood Control Channel, a Southern California Edison (SCE) easement and McLaughlin Road to the south, Ethanac Road to the north, Dawson Road to the east, and Trumble Road to the west, in the northeastern part of the City of Menifee, County of Riverside, State of California.

The Project site consists of Assessor Parcel Numbers (APNs) 331-110-035, 331-110-027, 331-140-010, 331- 110-041, 331-140-021, 331-140-025, and 331-140-018.

The City Council will consider whether to approve the following project at a public hearing:

General Plan Amendment No. PLN21-0100 proposes to change the General Plan land use designation of APN 331-140-010 and 331-110-027 from Heavy Industrial (HI) to Specific Plan (SP) and APN 331-140-021 and 331-140-018 from Business Park (BP) to Specific Plan (SP).

Specific Plan Amendment No. 2019-006 proposes to modify the boundary of Specific Plan No. 260 (Menifee North Specific Plan) to include APN 331-140-010, 331-140-018, 331-140-021 and 331-140-035 within Planning Area 2 (“Industrial”), and to provide technical corrections.

Change of Zone No. PLN21-0101 proposes to change the zoning classification of APN 331-140-010 and 331- 140-027 from Heavy Industrial (HI) and APN 331-140-018 and 331-140-021 from Business Park (BP) to Specific Plan No. 260 (Menifee North Specific Plan), Planning Area 2 (“Industrial”).

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 344
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Tentative Parcel Map No. 38156 (PLN21-0205) proposes to combine APNs 331-140-010-1, 331-140-018-9, 331-140-021-1, and 331-140-025-5 into one parcel for a total of 56 gross acres and a proposal to combine APNs 331-110-035-1, 331-110-027-4, and 331-110-041-6 into one parcel for a total of 21.79 gross acres.

Plot Plan No. 2019-005 proposes to construct two concrete tilt-up industrial buildings. Building 1 would total 1,254,160 square feet and Building 2 would total 385,970 square feet. A total of 911 automobile parking spaces and 523 trailer stalls (10’x55’) would be provided.

Environmental Information: A Notice of Availability of the Draft Environmental Impact Report (DEIR) was published in The Press Enterprise on June 7, 2022, mailed to responsible and trustee agencies, and mailed to surrounding property owners within 300 feet of the project site, stating that copies of the DEIR were available for public review on the City’s website, at the City of Menifee City Hall, the Sun City Library and Menifee Library. The public review period was for the State-mandated 45 days, from June 7, 2022, through July 21, 2022. Analysis presented in the Draft EIR indicated that the proposed project would have certain significant and unavoidable air quality and greenhouse gas impacts as described in detail in the DEIR. The DEIR also presented mitigation measures, which will reduce project-specific and cumulative impacts. All other environmental effects evaluated in the DEIR are considered less than significant, or can be successfully mitigated below the applicable significance thresholds.

The Final Environmental Impact Report (FEIR) responds to the comments and includes text revisions to the DEIR in response to input received on the DEIR. Unlike the DEIR, comments on the FEIR are not required to be responded to by the City. If written comments are received, they will be provided to the City Council as part of the staff report for the Project. The DEIR and FEIR will be submitted to the City Council for requested certification and action on the Project.

The DEIR and FEIR are available on the City of Menifee Community Development Department website:
https://www.cityofmenifee.us/325/Environmental-Notices-Documents. Additionally, hard copies of the FEIR can be viewed at:
• Menifee City Hall - 29844 Haun Road, Menifee, CA 92586 • Sun City Library - 26982 Cherry Hills Road, Menifee, CA 92586 • Menifee Library - 28798 La Piedra Road, Menifee, CA 92584 The Project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (California Department of Toxic Substances Control list of various hazardous sites).

Planning Commission Action: The Planning Commission held a public hearing on September 28, 2022, to discuss the proposed Project and receive public testimony. At the public hearing, the Planning Commission considered the information contained within the staff reports, received a presentation from staff and the applicant, received public comments and discussed the proposal amongst its members. Following the receipt of the noted input and discussion, the Planning Commission moved and by unanimous vote, approved Planning Commission Resolutions recommending that the City Council certify an EIR and recomending that the City Council approve the Project.

Any person wishing to comment on the proposed Project may do so in writing between the date of this notice and the public hearing and be heard at the time and place noted above. All comments must be received prior to the time of public hearing. All such comments will be submitted to the City Council, and the City Council will consider such comments, in addition to any oral testimony, before making a decision on the proposed Project.

If this Project is challenged in court, the issues may be limited to those raised at the public hearing, described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Be advised that as a result of public hearings and comment, the City Council may amend, in whole or in part, the proposed Project. Accordingly, the designations, development standards, design or improvements, or any properties or lands within the boundaries of the proposed Project, may be changed in a way other than specifically proposed.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 345
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For further information regarding this project, please contact Brett Hamilton at (951) 723-3747 or e-mail [email protected], or go to the City of Menifee’s agenda web page at http://www.cityofmenifee.us.

To view the case file for the proposed project, contact the Community Development Department office at (951) 672-6777 Monday through Friday, from 8:00 A.M. to 5:00 P.M. Please send all written correspondence to:

CITY OF MENIFEE COMMUNITY DEVELOPMENT DEPARTMENT
Attn: Brett Hamilton, Senior Planner
29844 Haun Road
Menifee, CA 92586
Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 346
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1 Brett Hamilton
From: Thomas Giedroyce
Sent: Saturday, September 17, 2022 12:40 PM
To: Brett Hamilton
Cc: Dean Deines; Bill Zimmerman; Lesa Sobek; Matthew Liesemeyer; Bob Karwin Subject: Hearing Notice
Regarding the Menifee Commerce Center public hearing scheduled for September 28, 2022.

I just saw the two signs posted on Trumble Road about the public hearing today Saturday 9/17.

The city has to do better than put signs up on the side of Trumble Road by the flood control channel. It is a seldom used, pot holed, half paved road which if the project is built will become a major traffic route affecting the people who live in the area.

The residents who live in the vicinity of Trumble Road including the Stone Gate and Talvera housing developments adjacent to the location deserve better notification and a chance to participate in the hearing.

And there are many people living in the area.

I can assure you most of the residents never use the section of Trumble Road where the signs are posted. It is difficult to drive on, often has trash dumped on or beside it, and nails and screws are often on the road. It is a back road. Not a main road.

In other words, the people who live around the area who will be affected by the proposed hearing have a right to be better informed. Their property and way of life will be affected.

I suggest putting notice signs up beside the mailbox clusters used throughout the area to make sure the residents know what’s going on and have a chance to respond.

I also suggest moving the hearing to a later date in the future until additional signs are up so there is ample time for the residents to be notified.

To do anything less is inadequate and unfair to people that have property and life style interest in the vicinity.

Thank you for your consideration. Please provide a copy of this message to the Planning Commission and reply to me about this matter.

Sincerely,
Thomas Giedroyce
27310 Airstream Way, Menifee 92585
Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 347
Menifee Mayor and City Council October 19, 2022

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1 Brett Hamilton
From: Thomas Giedroyce
Sent: Monday, September 19, 2022 7:56 AM
To: Brett Hamilton
Cc: Bill Zimmerman
Subject: Public Notice - Commerce Center
Good Morning Brett,
I know for a fact there is a protected plant called the Tar Flower that grows in the field underneath the Edison power lines adjacent to the land in question.

I know this because I am the person who has been in contact with Edison about them doing weed abatement on their right of way for years.

Each year before the weed abatement crews arrive a team of specialists come and rope off the plants to make sure they are not disturbed.

It stands to reason since the land in question is right beside the Edison property there is a good possibility the Tar Flower may be on it.

Therefore before anyone zones, re-zones, or even puts shovel to the land the California Department of Fish and Wildlife needs to be contacted to make sure their scientists approve anything be done on it to protect this endangered plant.

Thank you.

Sincerely,
Thomas Giedroyce
Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 348
Menifee Mayor and City Council October 19, 2022

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1 Brett Hamilton
From: Thomas Giedroyce
Sent: Saturday, September 24, 2022 12:12 PM
To: Brett Hamilton
Subject: Menifee Commerce Center
Dear Brett,
I have several concerns about the proposed change in zoning.

The buildings are enormous and will be out of place. Their presence and the activity around them will have an impact on the quiet lifestyle of area residents.

Its important to realize people moved here and invested in their homes because they like the way things are.

They did not invite change and will not benefit from the proposed change. It will not create jobs or provide goods and services to area residents.

My number one concern is exhaust and air pollution from truck traffic that would be operating 24/7 in and around the buildings and roads. I am concerned about the long and short-term affect it will have on children and adults with respiratory health conditions. Environmental health of the people living nearby and close to the buildings and roads is of top concern.

Other concerns include, increased traffic, noise and light pollution all of which affect the quality of life including property values and mental health.

To those residents of the city who do not live near the proposed development imagine if it were in your back yard. The city may profit from tax revenue but at the expense of its residents in the north end of town.

Please provide a copy of this E-mail to the Planning Commission for the 9/28/22 public hearing.

Sincerely,

Thomas Giedroyce
27310 Airstream Way
Menifee, CA. 92585
Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 349
Menifee Mayor and City Council October 19, 2022

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1 Brett Hamilton
To: Stephanie Roseen
Subject: RE: Planning Commission Meeting 09-28-22 Menifee Commerce Center Project EIR Public Hearing Item # 9.3
From: steven piepkorn <[email protected]>
Sent: Monday, September 26, 2022 3:51 PM
To: Stephanie Roseen <[email protected]>
Subject: Planning Commission Meeting 09-28-22 Menifee Commerce Center Project EIR Public Hearing Item # 9.3 [CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

To Whom It may Concern
Attached to this email and below are public comments on behalf of Golden State Environmental Justice Alliance. The attachment contains further comments than below and is not duplicative of the below comments. These comments are submitted to the Planning Commission to be included in the record for the Planning Commission's consideration regarding Menifee Commerce Center EIR at the Planning Commission meeting September 28, 2022. Public hearing Item 9.3
Please confirm receipt of this email.

Public Comment
Good evening, my name is Steven Piepkorn and I’m with the Golden State Environmental Justice Alliance. We submitted a comment letter to the Draft Environmental Impact report. Our letter identified several deficiencies with the EIR.

During these turbulent times, we as citizens expect and deserve our local government’s elected and appointed officials to protect us from environmental and social injustice, to aid in the preservation and rehabilitation of the environment in which we all share, and to ensure accountability and responsibility in regard to the environmental decisions they may make.

We stand by our comment letter, and believe the EIR is flawed and must be redrafted and recirculated for public review. In closing we call on this commission to be a leader on the aforementioned issues, and be the first line of defense for our citizenry and environment. Only by working together can we continue to be excellent stewards of our environment, outstanding stewards to our citizens and each other. Thank You.

Please confirm receipt of this email.

Thank You,
Steven Piepkorn
You don't often get email from [email protected]. Learn why this is important Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 350
Menifee Mayor and City Council October 19, 2022

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To: City of Menifee Planning Commission
From: Golden State Environmental Justice Alliance
Subject: Menifee Commerce Center Project EIR
CalEnviroScreen 4.0 Information
CalEnviroScreen is a mapping tool that helps identify California communities that are most affected by many sources of pollution, and where people are often especially vulnerable to pollution’s effects. CalEnviroScreen uses environmental, health,and socioeconomic information to produce scores for every census tract in the state. The scores are mapped so that different communities can be compared. An area with a high score is one that experiences a much higher pollution burden than areas with low scores. CalEnviroScreen ranks communities based on data that are available from state and federal government sources. CalEnviroScreen is updated and maintained by The Office of Environmental Health Hazard Assessment, on behalf ofthe California Environmental Protection Agency.

CalEnviroScreen Data on Menifee Commerce Center Project EIR Location/Area The above listed project sits in census tract 6065042728. Overall, when compared to other census tracts, the project site census tract is in the 27th percentile regarding pollution. As far as pollution burden is concerned, this census tract is in the 25th percentile. In terms of Ozone, this census tract is in the 91st percentile, Particulate Matter 2.5 49th percentile, Diesel Particulate Matter 32nd percentile, Toxic Releases 23rd percentile and Traffic 72nd percentile.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 351
Menifee Mayor and City Council October 19, 2022

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Conclusion
Consider the above referenced information when making this important decision. Realize that you and the citizens of this area face some of the WORST POLLUTION and TRAFFIC in the entire state of California.

It is the responsibility of the City’s elected and appointed officials to make environmentally responsible development decisions. Based on the CalEnviroScreen data, this is more than sufficient evidence of the further air quality impacts that the citizenry of Menifee and its surrounding area will continue to encounter with further development of another warehouse/distribution center. We are not against development, as we believe it is necessary for further economic growth in our current society. Development needs to be conducted with the highest of expectations to ensure the local population does not suffer further air quality burdens.

We stand by our comments and believe the EIR is flawed and must be redrafted and recirculated for public review.

Respectfully Submitted,
Steven Piepkorn
Steven Piepkorn
GSEJA
Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 352
Menifee Mayor and City Council October 19, 2022

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Source -
https://experience.arcgis.com/experience/11d2f52282a54ceebcac7428e6184203/p age/Draft-CalEnviroScreen-4.0/
Glossary of Terms
Ozone - Amount of daily maximum 8-hour Ozone concentration Particulate Matter 2.5 - Annual mean PM 2.5 concentrations Diesel Particulate Matter - Diesel PM emissions from on‐road and non‐road sources Toxic Releases - Toxicity‐weighted concentrations of modeled chemical releases to air from
facility emissions and off‐site incineration.

Traffic -Traffic density, in vehicle‐kilometers per hour per road length, within 150 meters of the census tract boundary.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 353
Menifee Mayor and City Council October 19, 2022

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SENT VIA E-MAIL:
[email protected]
September 28, 2022
Brett Hamilton, Senior Planner
City of Menifee Community Development Department
29844 Haun Road
Menifee, California 92586
Final Environmental Impact Report (FEIR) for the Proposed Menifee Commerce Center Project (Proposed Project) (SCH No.: 2021060247)
South Coast Air Quality Management District (South Coast AQMD) staff appreciates the opportunity to comment on the above-mentioned document. The City of Menifee is the California Environmental Quality Act (CEQA) Lead Agency for the Proposed Project. The following comments on Rule 2305 - Warehouse Actions and Investments to Reduce Emissions (WAIRE) - are meant as guidance for the lead agency and should be incorporated into the Final CEQA document.

South Coast AQMD Staff’s Summary of Project Information Based on the draft EIR, the Proposed Project consists of construction and operation of 72 acres and up to approximately 1,640,130 square feet of e-commerce and warehouse space within two buildings. 1 Once
operational the Proposed Project is anticipated to generate a maximum of approximately 470 to 508 truck trips per day.
2 The nearest sensitive receptor is located approximately 25 feet north of the Proposed Project site.3 During the operation phase the Proposed Project is projected to have significant and unavoidable regional air quality impacts for nitrogen oxide (NOx) emissions, most of which will come from mobile sources.
4 The Proposed Project is located near the southwest corner of Ethanac Road and Dawson Road in the City of Menifee, Riverside County, California 92585. 5 Construction of the Proposed
Project will occur in one phase, starting in the first quarter of 2023 with an anticipated completion in the 4 th quarter of 2024.6
South Coast AQMD Staff’s Comments on the FEIR
As stated in our comment letter on 7/6/217and 6/8/21,
8 South Coast AQMD staff is concerned about
potential public health impacts of siting warehouses within close proximity of sensitive land uses. The South Coast AQMD’s Multiple Air Toxics Exposure Study (MATES V), completed in August 2021, concluded that the largest contributor to cancer risk from air pollution is diesel particulate matter (DPM) emissions.
9 According to the MATES V Carcinogenic Risk Interactive Map, the area surrounding the Proposed Project has an estimated cancer risk of 306 in one million. 10 Operation of warehouses generates
and attracts heavy-duty diesel-fueled trucks that emit DPM. When the health impacts from the Proposed Project are added to those existing impacts, residents living in the communities surrounding the Proposed 1 Draft EIR. Project Description. Page 2-6.
2 Ibid. Page 2-6 through 2-7.
3 Ibid. Air Quality. Page 4.2-28.
4 Ibid. Page 4.2-20 through 4.2-21.
5 Ibid. Project Description. Page 2-1.
6 Ibid. Greenhouse Gas Emissions. Page 4.7-1.
7 http://www.aqmd.gov/docs/default-source/ceqa/comment-letters/2021/july/RVC210615-06.pdf 8 http://www.aqmd.gov/docs/default-source/ceqa/comment-letters/2021/june/RVC210518-01.pdf 9 South Coast AQMD. August 2021. Multiple Air Toxics Exposure Study in the South Coast Air Basin V. Available at:
http://www.aqmd.gov/home/air-quality/air-quality-studies/health-studies/mates-v. 10 South Coast AQMD. MATES V Data Visualization Tool. Accessed at: MATES Data Visualization (arcgis.com).

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 354
Menifee Mayor and City Council October 19, 2022

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Brett Hamilton, Senior Planner September 27, 2022
2 Project will possibly face an even greater exposure to air pollution and bear a disproportionate burden of increasing health risks.

On May 7, 2021, South Coast AQMD’s Governing Board adopted Rule 2305 – Warehouse Indirect Source Rule WAIRE Program, and Rule 316 – Fees for Rule 2305. Rules 2305 and 316 are new rules that will reduce regional and local emissions of NOx and particulate matter (PM), including diesel PM, from mobile sources that are associated with warehouse activities. These emission reductions will reduce public health impacts for communities located near warehouses. Also, the emission reductions will help the region attain federal and state ambient air quality standards. Rule 2305 applies to owners and operators of warehouses greater than or equal to 100,000 square feet. Under Rule 2305, operators are subject to an annual WAIRE Points Compliance Obligation that is calculated based on the annual number of truck trips to the warehouse. WAIRE Points can be earned by implementing actions in a prescribed menu in Rule 2305, implementing a site-specific custom plan, or paying a mitigation fee. Warehouse owners are only required to submit limited information reports, but they can opt in to earn Points on behalf of their tenants if they so choose because certain actions to reduce emissions may be better achieved at the warehouse development phase, for instance the installation of solar and charging infrastructure. Rule 316 is a companion fee rule for Rule 2305 to allow South Coast AQMD to recover costs associated with Rule 2305 compliance activities.

Since the Proposed Project consists of development of approximately 1,640,130 square feet of warehouse uses (with both buildings totaling more than 100,000 square feet each of indoor warehouse floor space), 11 the Proposed Project’s warehouse owners and future operators will be required to comply with Rule 2305 once the warehouse is occupied. Therefore, South Coast AQMD staff recommends that the Lead Agency review South Coast AQMD Rule 2305 to determine the potential WAIRE Points Compliance Obligation for future operators and explore whether additional project requirements and CEQA mitigation measures can be identified and implemented at the Proposed Project that may help future warehouse operators meet their compliance obligation.12 Such information should be incorporated into the Final CEQA document.

South Coast AQMD staff is available to answer questions concerning Rule 2305 implementation and compliance by phone or email at (909) 396-3140 or [email protected]. For implementation guidance documents and compliance and reporting tools, please visit South Coast AQMD’s WAIRE Program webpage.13
South Coast AQMD staff is available to work with the Lead Agency to address any air quality questions that may arise from this comment letter. Please contact Evelyn Aguilar, Air Quality Specialist, at [email protected], should you have any questions or wish to discuss the comments.

Sincerely,
Sam Wang
Sam Wang
Program Supervisor, CEQA-IGR
Planning, Rule Development & Implementation
SW:EA
RVC220916-01
Control Number
11 Draft EIR. Project Description. Page 2-6 through 2-7. 12 South Coast AQMD Rule 2305 – Warehouse Indirect Source Rule – Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program. Accessed at: http://www.aqmd.gov/docs/default-source/rule-book/reg-xxiii/r2305.pdf. 13 South Coast AQMD WAIRE Program. Accessed at: http://www.aqmd.gov/waire.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 355
Menifee Mayor and City Council October 19, 2022

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10211 Sunland Blvd., Shadow Hills, CA 91040 (818) 650-0030 X101 [email protected] October 7, 2022
Brett Hamilton, Senior Planner
Community Development Department
City of Menifee
29844 Haun Road
Menifee, CA 92586
Via U.S. Mail and email to [email protected]
re: Comments on Final Environmental Impact Report for Menifee Commerce Center Project, SCH No. 2021060247
Dear Mr. Hamilton:

Advocates for the Environment submits the comments in this letter regarding the Final Environmental Impact Report (FEIR) for the Menifee Commerce Center Project (Project).

The City’s Response to Advocates for the Environment’s comments in the FEIR (starting at page 2.0-47) misinterprets our comment on the DEIR. We do not argue that the City’s choice of a 3,000-metric-ton greenhouse-gas (GHG) threshold violates CEQA. Instead, we argue that, because the EIR concludes that the Project’s GHG emissions will be significant, the Projects fair share of GHG emissions must be mitigated. (Napa Citizens for Honest Gov’t v. Napa County Board of Supervisors (2001) 91 Cal.App.4th 342, 364.) For direct impacts, CEQA requires all feasible mitigation. For cumulative impacts, the requirements are more stringent—the Project’s “fair share” of emissions must be mitigated. For GHG impacts, the fair share is equivalent to the totality of the Project’s GHG emissions; in other words, CEQA requires mitigation to net zero, even if that level is below the threshold of significance.

In the response D-13, the FEIR states that, in the Golden Door case, “the court determined the purchase of carbon offset credits did not meet CEQA’s criteria for a valid mitigation measure.” This statement misconstrues the holding in that case. The narrow holding in Golden Door was limited to the facts of the case, regarding a specific mitigation measure which incorporated by reference the capand-trade program stringency, which extends beyond CEQA mitigation requirements. Here, the lead agency is not bound by such a restriction to cap-and-trade offsets, so it may purchase or implement any offsets that are allowable by CEQA. And CEQA allows offsets to be used to mitigate a project’s emissions, and offsets are just as accepted as other methods of mitigation (CEQA Guidelines § 15126.4 (c).)
Advocates for the Environment
A non-profit public-interest law firm
and environmental advocacy organization
Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 356
Menifee Mayor and City Council October 19, 2022

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City of Menifee Page 2
Comments on Menifee Commerce Center Project October 7, 2022 10211 Sunland Blvd., Shadow Hills, CA 91040 (818) 650-0030 X101 [email protected] Offsets are feasible as mitigation for this Project, and CEQA requires that the Project’s GHG impacts be mitigated to a fair-share level, i.e. to net zero, either via offsets or other feasible mitigation measures.

Sincerely,
Dean Wallraff, Attorney at Law
Executive Director, Advocates for the Environment
Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 357
Menifee Mayor and City Council October 19, 2022

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CITY OF MENIFEE
SUBJECT: Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of
Influence
MEETING DATE: October 19, 2022
TO: Mayor and City Council
PREPARED BY: Doug Darnell, Senior Planner
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Review and discuss Local Agency Formation Commission’s Municipal Services Review; and

2. Discuss considerations for Menifee’s Sphere of Influence as it relates to the City’s Strategic Plan regarding pursuing a Sphere of Influence amendment.

DISCUSSION
This report is an update to the City Council on the status of the County of Riverside Local Agency Formation Commission’s (LAFCO) Municipal Services Review (MSR) and Sphere of Influence (SOI) update including LAFCO recommendations on the City’s SOI.

LAFCO is the county-wide oversight agency that coordinates logical and timely changes to local government boundaries. A primary objective of the MSR is to provide LAFCO with a recommendation on SOI over unincorporated areas.

On July 28, 2022, the LAFCO Board approved MSR recommendations for 28 governmental agencies within Riverside County. The MSR determinations reflect those municipal services that are generally being provided in an adequate manner, and that anticipated revenues are adequate to support the current levels of municipal service provision and future needs. The MSR determinations identify any local governmental issues that should be addressed. The SOI determinations identify any opportunities for expansion, with specific attention to the delivery of services to Disadvantaged Unincorporated Communities (DUCs).

Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 1
Menifee Mayor and City Council October 19, 2022

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City of Menifee Staff Report
October 19, 2022

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Background
Since the City’s formation, the City has had an interest in potentially amending its SOI in the future. This is reflected in the City’s General Plan and Strategic Plan for years 2018 through 2023 as noted on the following page.

General Plan Land Use Element, Page 3.
“Land use planning does not necessarily stop at a city’s boundaries. A city’s sphere of influence (SOI) addresses unincorporated lands adjacent to city boundaries that are defined by the Riverside County Local Agency Formation Commission (LAFCO) as areas likely to be serviced or annexed by the city sometime in the future. Cities do not have regulatory control over these lands, but they do have the authority to designate their preferences for land use planning in the county areas if the properties are annexed to the city sometime in the future. As was established upon incorporation, the City’s SOI boundary is contiguous with the City boundary.

Over time, the City of Menifee may wish to consider annexation of adjacent unincorporated areas or engage in discussions with LAFCO that could lead to a future revision of the City’s current SOI boundaries. It should be noted that no annexations of the unincorporated county areas adjacent to the City or amendments to the SOI boundaries are proposed as part of this General Plan.

Applications to amend the City’s existing SOI will require appropriate California Environmental Quality Act (CEQA) review and a General Plan Amendment to update the Land Use Plan.” City of Menifee Strategic Plan 2018-2023, Land Use Objective 2.1.

Sphere of Influence Analysis to Determine Future Ultimate City Limits.

Based on the General Plan and Strategic Plan Objective indicated above, the City Council conducted an SOI workshop on December 18, 2019, in which staff presented an analysis of various SOI amendment alternatives for Council discussion and input. The purpose of the workshop was to begin discussion of issues related to amending the City’s SOI and obtain City Council direction on moving forward with a potential amendment to the City’s SOI boundary.

Three SOI alternatives were presented. Alternatives 1 and 2 depicted two different variations on the SOI extending to Leon Road and Alternative 3 depicted the City’s SOI extending easterly to Highway 79. At the Workshop, the Council expressed a preference for SOI Alternative 3, and directed City staff to reach out to the County and community to begin the process of an SOI study and amendment.

Following the Council Workshop, City staff attended a January 2020 Winchester/Homeland Municipal Advisory Council (MAC) meeting, where City staff informed the MAC of the City’s efforts to study alternatives for a potential SOI amendment easterly of the current City limits/Briggs Road.

In response, the Winchester/Homeland MAC and the Winchester Town Association expressed opposition to any proposal by the City for an SOI amendment that would include unincorporated area easterly of the City.

Follow Up Meetings with the County and Community Representatives. • Meeting with County TLMA/Planning Staff. In early 2020, City staff met with County staff to share the SOI alternatives and begin discussions with the County regarding the possibility of a mutually agreeable SOI amendment. City staff expressed concerns with Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 2
Menifee Mayor and City Council October 19, 2022

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City of Menifee Staff Report
October 19, 2022

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development occurring outside City limits and effects on the City (particularly traffic impacts) and the possibility of Memorandum of Understanding (MOU) between the City and County as provided by the County’s General Plan. County staff provided an update and information on their pending draft Winchester Community Plan and was generally not receptive to or supportive of the possibility of an SOI amendment or MOU between the City and County.
• Other Meetings. The City reached out to other community representatives to share information and clarify the City intentions for a possible SOI amendment including:
o Winchester/Homeland MAC Representatives
o Supervisor Washington’s staff
o Winchester Town Association
These representatives have clearly stated they do not support amending the City’s SOI to the east and expressed their opposition publicly at the Winchester/Homeland MAC meeting March 12, 2020. Beyond reaching out to these key entities that represent the unincorporated communities to the east of Menifee; more exhaustive and extensive outreach to all potentially affected property owners, business and residents would be required for any effort to amend the City’s SOI.

At the Strategic Visioning Workshop held March 15, 2021, the City Council discussed the City’s SOI. At that time, staff indicated that LAFCO was preparing a MSR update and that staff was participating in the effort and providing input to LAFCO. Per the discussion, staff would pause on any further efforts on an SOI amendment until the MSR update was completed by LAFCO, as the MSR would help inform how the City moves forward. This was discussed again by the City Council at another Strategic Visioning workshop held by the Council on February 16, 2022. LAFCO has now completed the MSR updates, further discussed below.

LAFCO MSR Update and SOI Recommendation for Menifee.

Over the last two years, LAFCO has been working on Municipal Services Reviews and SOI recommendations for all jurisdictions in Riverside County. Recently, City staff provided input to LAFCO on their Public Review Draft MSR released in March 2022, indicating the City’s interest in potentially amending its SOI to the east towards Highway 79 as is contemplated in the General Plan and Strategic Plan Objective. This was not a formal request or application to amend the City’s SOI. The intent was for LAFCO to be aware of the City’s interest in amending its SOI to be reflected in their MSR/SOI recommendations. City staff has been aware that a formal SOI submittal would require, at the direction of City Council, further study to define a proposed SOI amendment boundary, a General Plan Amendment to establish land use for the proposed SOI boundary, environmental analysis in compliance with the California Environmental Quality Act (CEQA), meeting and working with the County toward a mutual agreement on planning and zoning standards and extensive community outreach.

MSR/SOI Recommendations for the City of Menifee.

On June 23, 2022, the LAFCO Board held a public hearing to consider MSR/SOI recommendations where they received extensive written and oral public testimony. Because there was a substantial amount of new information to consider, LAFCO continued the MSR/SOI item to their July 28, 2022, meeting.

Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 3
Menifee Mayor and City Council October 19, 2022

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City of Menifee Staff Report
October 19, 2022

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At their meeting of July 28, 2022, the LAFCO Board adopted MSR and SOI determinations as amended since the June 23rd meeting. Specifically, the LAFCO Board, adopted the required MSR and SOI Statement of Determinations for each of the twenty-eight cities for the three subregions, and approved the Final MSR & SOI Report. The Report included the following MSR recommendations for the City of Menifee:

• Population, Growth and Housing: Menifee grew rapidly over the last decade, at an annualized growth rate of 2.28 percent, adding almost 20,000 to the City’s population.

Menifee is expected to continue growing, albeit at a slower rate, over the next 15 to 25 years, roughly at the same rate as the County of Riverside. The City added 5,406 housing units between 2010 and 2020, and made significant progress towards meeting its RHNA allocation, exceeding the allocation in both moderate and above-moderate income housing unit categories. However, the development community in Menifee did not produce sufficient very low- and low-income housing units, falling 2,467 units short in those categories, to meet the City’s very low- and low-income housing RHNA allocations. • Disadvantaged Communities: Menifee’s SOI is coterminous with its corporate City boundary and therefore does not contain any DUC.
• Present and Planned Capacity of Facilities: Because Menifee is a rapidly growing and developing city, the present capacity of facilities may not be keeping up with demand. The City is requiring Community Facility District (CFD) approval for all new developments to ensure that service and infrastructure needs of new developments have a built-in funding mechanism.
• Financial Ability to Provide Services: The City has improved its fiscal health in recent years with the addition of property tax in-lieu of Vehicle Licensing Fee (VLF) revenues and the approval of Measure DD one percent transactions and use tax. The City has built up reserves of at least 35 percent of operating expenditures. The City’s pension and Other Post-Employment Benefits (OPEB) liabilities have been suppressed and the City is able to pay off any liabilities that accumulate.
• Opportunities for Shared Facilities: No opportunities for shared facilities were identified. • Accountability for Community Service Needs: The City connects with residents through at least four (4) different social networks. The City recently hired a public information officer to provide regular updates to residents and coordinate communications. The City’s Menifee Matters magazine is distributed to every household and business on a quarterly basis to provide updates to the residents of the City. The City put three (3) new software solutions in place recently that are intended to connect and provide greater access to the community.
• Any Other Matter Related to Effective or Efficient Service Delivery as Required by Commission Policy: The City did not identify any other matters related to effective or efficient service delivery as required by Commission Policy.

Regarding SOI recommendations, the City of Menifee along with other Western region jurisdictions were identified as cities interested in a potential future SOI amendment. LAFCO’s July 28, 2022, staff report clarified that since no general planning work has been completed by Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 4
Menifee Mayor and City Council October 19, 2022

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City of Menifee Staff Report
October 19, 2022

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these cities, SOI amendments were not before the Commission and that LAFCO could not make a recommendation for changes to the existing SOIs.

The Final MSR & SOI Report, approved by LAFCO on July 28, 2022, included the following SOI recommendations for the City of Menifee:
“RSG is recommending coordination with the City of Menifee on expansion of the Menifee SOI.

Menifee’s SOI is coterminous with its incorporated municipal boundary. As the City and Western Riverside County region continues to grow, much of the future development will begin to occur beyond Menifee’s eastern boundaries in unincorporated areas. In an effort to manage sprawl, LAFCO may consider extending Menifee’s SOI boundary eastward towards State Route 79. City staff indicated that there is interest in expanding the City’s SOI and municipal boundary to the east. Per City staff, the City Council adopted a Strategic Plan that included an item aiming to expand the Menifee SOI eastward as far as State Route 79. During the Public Review of this MSR, 112 signatures opposed to any annexation or SOI expansion in the Winchester-Homeland MAC were gathered at the Winchester-Homeland Municipal Advisory Council meeting, ValleyWide Recreation and Park District Board Meeting, and the Highland Palm community.

1. Present and Planned Land Uses: Menifee’s coterminous SOI includes proportionally higher concentrations of single-family housing and retail commercial uses, when compared to the Countywide distribution of land uses.

2. Present and Probable Need for Public Facility and Services: Because Menifee has grown rapidly in recent years and is projected to continue growing at an above-average rate through 2045, there may be shortfalls related to meeting demand for public facilities and services.

3. Present Capacity of Public Facilities: City staff did not identify any deficiencies with present capacity of public facilities located in the SOI.

4. Social or Economic Communities of Interest: The Winchester/Homeland Municipal Advisory Council area is located east of the City’s corporate boundary.

5. Disadvantaged Unincorporated Community Present and Planned Need for Facilities and Services: Menifee’s coterminous SOI does not contain any DUCs.” Regarding Menifee’s SOI, the LAFCO Board adopted the following recommendation:
“1. Confirm the current spheres of influence for the cities of Western Region: Canyon Lake, Corona, Eastvale, Hemet, Jurupa Valley, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Norco, Perris, Riverside, Temecula, Wildomar, Pass/Mtn Region: Banning, Calimesa, Beaumont, San Jacinto, Blythe, Coachella/Valley /Eastern Region: Cathedral City, Desert Hot Springs, Indian Wells, La Quinta, Palm Springs and Rancho Mirage.” The July 28, 2022, LAFCO staff report, as revised since the June 23, 2022, report, also included the following Policy recommendations/determinations specific to the City of Menifee:
“Since 2012, the County of Riverside is undergoing community efforts on developing the Winchester Community Plan and Land Use Study. The City’s proposed SOI boundary to Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 5
Menifee Mayor and City Council October 19, 2022

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City of Menifee Staff Report
October 19, 2022

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the east will encroach upon the County’s Winchester Community Plan. Prior to the City of Menifee submitting an application for a SOI amendment, the City of Menifee first hold discussions and coordinate with the County of Riverside, Valley-Wide Recreation & Park District and the Winchester /Homeland MAC, to reach an agreement or consensus if possible.

After further analysis of the Winchester Community Plan boundaries, within Commission Policy 2.1.5 "LAFCO shall support agency boundaries that include rather than split existing identifiable communities, commercial districts, or other areas having social or economic homogeneity which are located within the applicable sphere of influence" staff believes it is appropriate to strike out portions of the original policy text regarding "smoother transition for future annexations." Per Commission policy, staff believes it should not divide the Winchester Community and that the entirety of the WCP remains intact as one united community.

Staff recommends that the City of Menifee re-evaluate its SOI expansion plans to the east of State Route 79 after Riverside County takes final action and updates the General Plan for the Harvest Valley/Winchester Area Plan (two additional areas in red as depicted on Exhibit "SR4").

Staff had the intention of referencing Government Code Section §56425 (b) in the last report but opted out since this is a LAFCO initiated SOI review. However, staff recommends that if the City of Menifee anticipates filing an application for a SOI amendment, the city must be cognizant of Govt. Code, §56425 (b):

Sphere of Influence Government Code Section 56425 (b) City-County meeting and agreement.

Prior to a city submitting an application to the commission to update its sphere of influence, representatives from the city and representatives from the county shall meet to discuss the proposed new boundaries of the sphere and explore methods to reach agreement on development standards and planning and zoning requirements within the sphere to ensure that development within the sphere occurs in a manner that reflects the concerns of the affected city and is accomplished in a manner that promotes the logical and orderly development of areas within the sphere. If an agreement is reached between the city and county, the city shall forward the agreement in writing to the commission, along with the application to update the sphere of influence. The Commission shall consider and adopt a sphere of influence for the city consistent with the policies adopted by the commission pursuant to this section, and the commission shall give great weight to the agreement to the extent that it is consistent with commission policies in its final determination of the city sphere.”
Social or Economic Communities of Interest
Staff has identified, to the east of the City of Menifee's city limits is the Winchester Municipal Advisory Council (MAC) as depicted on Exhibit "SR4." (See Attachment 1- Reference Maps, of this report which includes Exhibit “SR4.”) Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 6
Menifee Mayor and City Council October 19, 2022

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City of Menifee Staff Report
October 19, 2022

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Related Item – Winchester Community Plan.

On July 5, 2022, the County released their Winchester Community Plan Draft Environmental Impact Report (DEIR) for public review and comment (public review and comment period to end on September 23, 2022). The Plan encompasses all unincorporated area east of the City, and involves a General Plan Amendment to:
• Expand the boundaries of the Winchester Policy Area (PA); and • Amend the boundaries of the County General Plan’s Harvest Valley/Winchester, Sun City/Menifee, and Southwest Area Plans so that the entire expanded Winchester PA will fall within the boundaries of the Harvest Valley/Winchester Area Plan only; and • Amend General Plan land use designations within the Winchester PA; and • Amend existing Highway 79 Policy language to remove the 9 percent reduction in density for residential projects; and
• Adopt design guidelines.

As proposed, the Winchester Community Plan would encompass all unincorporated area east of Menifee, such that each the potential Menifee SOI amendment areas that were studied and previously presented to the Council in 2019 would completely overlap with the Plan.

Attachment 1 – Reference Maps includes Exhibit 3-10 of the Winchester Community Plan DEIR, and depicts area plan amendments (i.e., proposed areas to be added to the Proposed Harvest/Winchester Area Plan). The proposed amendments include expanding the boundary of the current Harvest Valley/Winchester Area plan by approximately 1,900 acres, consisting of an area that is bounded by Old Newport Road to the north, Scott Road to the south, Briggs Road to the west and Leon Road to the east. This proposed change takes all this area east of the City of Menifee and currently within the Sun City/Menifee Valley Area Plan and places it into the Harvest Valley/Winchester Area Plan.

In conclusion, the above LAFCO recommendations places substantial emphasis on the County’s pending Winchester Community Plan and County planning for the unincorporated area east of the City. The City would need to consider the implications of the LAFCO recommendations and the challenges this presents for the City if it wishes to pursue an SOI amendment in the future.

STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community

FISCAL IMPACT
There is no additional fiscal impact resulting from this report since it is an informational item only.

Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 7
Menifee Mayor and City Council October 19, 2022

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City of Menifee Staff Report
October 19, 2022

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ATTACHMENTS

1. Reference Maps and LAFCO Report & Winchester Community Plan DEIR

2. City SOI Alternative Study Maps 1-3

3. Final MSR & SOI Report

4. Notice of Results & Resolution for MSR Determinations

5. Notice of Results & Resolution for SOI Determinations Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 8
Menifee Mayor and City Council October 19, 2022

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LAFCO MSR Report Map
Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 9
Menifee Mayor and City Council October 19, 2022

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Winchester Community Plan DEIR Map of Area Plan Amendments Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 10
Menifee Mayor and City Council October 19, 2022

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Local Agency Formation Commission for the County of Riverside 6216 Brockton Avenue, Suite 111-B
Riverside, CA 92506
City Municipal Service Review and
Sphere of Influence Update
Riverside County
LAFCO 2021-06-1, 2, 3, 4, 5
Final Draft approved on July 28, 2022
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CITY OF MENIFEE
The City of Menifee is one of Riverside County’s newest cities, having incorporated in 2008 as a general law city.102 Menifee is located in the County’s Western Region. The City’s northern boundary extends to the City of Perris and unincorporated Riverside County territory; its eastern boundary is unincorporated area, its southern boundary is the City of Murrieta, Murrieta SOI, unincorporated County territory, and the City of Wildomar. The City’s western boundary is coterminous with the boundaries for the cities of Wildomar, Lake Elsinore, Canyon Lake and Perris. The City's incorporated area is 46.5 square miles and its SOI is coterminous with the City boundary.103
The City’s demographic profile is presented in Figure 72.

Figure 72: Demographic Profile - Menifee
102 Source: City of Menifee
103 Source: Riverside LAFCO
Menifee City County
Population as of 2020 97,093 2,442,304
Population as of 2010 77,519 2,189,641
Annual Pop. Growth Since 2010 2.28% 1.10%
Housing Units 35,675 867,637
Persons / Housing Unit 2.72 2.81
Land Area (sq mi) 46.5 7,206.0
Persons / Square Mile 2,088 339
Median Household Income $66,867 $67,369
Projected Population in 2035 115,690 2,995,509
Annual Proj. Growth 2020-2035 1.18% 1.37%
Projected Population in 2045 129,750 3,251,705
Annual Proj. Growth 2020-2045 1.95% 1.93%
Sources: California Department of Finance, Southern California Association of Governments, US Census, ESRI Business Analyst Online (Growth rates are presented as annual growth rates)
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Menifee’s population increased by an annual rate of 2.28 percent between 2010 and 2020, which is more than double the County-wide growth rate. The City’s housing population, presented as persons per housing unit, is similar to the County-wide average while the City’s population density, measured as persons per square mile, is significantly higher than the County-wide average. The population density (persons per square mile) is about average for incorporated cities in Riverside County. And the median household income for the City is similar to the Countywide average. Future growth projections indicate slower growth over the next 15 to 25 years, with annualized growth rates more in line with the County-wide average.

City staff noted that the 2020 Census indicated that the City’s population is now 102,527, which is about 5.6 percent higher than the Department of Finance population estimate for 2020. City staff indicated that this results in an increase in population density to about 2,083 persons per square mile. Finally, according to City staff, the median income in Menifee increased to $70,224.

The City’s RHNA allocation for the 5th Housing Element Cycle (2013-2020) was 6,245 housing units. The City permitted 2,671 market rate and 1,291 affordable housing units during the 5th Cycle but the development community did not produce sufficient housing units to meet the 5th Cycle RHNA allocation. The City’s RHNA allocations are discussed in greater detail later in this MSR.

Menifee has substantially more retail development, representing 58.1 percent of all commercial square footage in the City, when compared to the County average. Additionally, the City’s singlefamily housing units (85.6 percent) represent a disproportionately larger share of all housing units in the City, when compared to the County average (54.8 percent).

Menifee has an estimated 1,637 businesses and 13,350 employed persons.104 The City’s largest employers include three (3) school districts, including Mt San Jacinto College District (1,068 employees), Menifee Union School District (1,040 employees) and Romoland School District (595 employees), four (4) retail operators, including Target (364 employees), Stater Brothers (270 104 Source: ESRI Business Analyst Online
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employees), Texas Roadhouse (167 employees), and Lowes (154 employees), two (2) medical providers, including Menifee Valley Medical Center (356 employees) and Life Care Center of Menifee (161 employees), and one utility – Southern California Edison (202 employees).105 While the City has a large concentration of retail square footage, in proportion to other Riverside County communities, the City has a diverse array of business operations.

Menifee’s land use summary is presented in Figure 73
Figure 73: Land Use Summary - Menifee
According to City staff, development proposals are being required to provide infrastructure to meet the needs of the new development. The City is utilizing Community Financing Districts (“CFD”) to address infrastructure and service needs for all new developments. CFDs are a method of financing public improvements and services that were established under the Mello-Roos Community Facilities Act of 1982. The CFD is a special tax on property that must be approved by 105 Source: City of Menifee, 2018-19 Comprehensive Annual Financial Report Menifee County
Residential Units Units % %
Single Family 30,552 85.6% 54.8%
Multifamily 2,534 7.1% 43.6%
Mobile Home 2,589 7.3% 1.6%
Total Units 35,675 100.0% 100.0%
New Units Since 2010 5,406
Commercial Gross SF
Retail 2,272,600 58.1% 26.6%
Industrial 1,194,229 30.5% 61.8%
Office 442,633 11.3% 9.6%
Other 2,400 0.1% 2.0%
Total 3,911,862 100.0% 100.0%
New Commercial Since 2010 613,566
Sources: California Department of Finance (2020) and Costar (Other includes hospitality, healthcare, specialty, sports and entertainment)
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two-thirds of the registered voters or landowners within the CFD. The City is requiring CFD approval prior to approving new development permits.

CURRENT SPHERE OF INFLUENCE
The City of Menifee’s SOI is coterminous with its corporate City boundary. Menifee’s City and SOI boundary are illustrated in Exhibit 11. Because Menifee’s SOI is coterminous with the City’s corporate boundary, the SOI does not contain any DUCs. However, there are five (5) DUCs near the City that are described below:
• DUCs 1, 2, and 3 are commonly known as Romoland, and are located north of the City’s corporate boundary along Menifee Road and south of San Jacinto Avenue. • DUCs 4 and 5 are commonly known as Nuevo, and are located north of San Jacinto Avenue on opposite sides of Menifee Road.

The City of Menifee’s boundary was previously reconfirmed in the September 2014 City of Menifee MSR (LAFCO 2014-02-5) (the "2014 MSR").

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Exhibit 11: Current City and SOI Boundaries - Menifee
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FORM OF GOVERNMENT AND STAFFING
The City of Menifee operates under a "Council – Manager" form of government, with the City Council elected according to districts to staggered four (4) year terms. The City’s Mayor is directly elected at-large to a four (4) year term. The City Council also appoints a City Manager, who serves as the head of the administrative branch of the City government.

The City of Menifee has several commissions and committees that carry out assignments at the direction of the City Council, including the Planning Commission, Parks Recreation and Trails Commission, Senior Advisory Committee, Quality of Life Measure DD Oversight Committee, and Menifee Citizens Advisory Committee.

The City Manager, as head of the administrative branch of the City’s government, reports directly to the City Council. The City Manager oversees a staff of 199 full time personnel and 9.89 part time full time equivalent personnel, and an annual operating budget that ranged from $55.3 million to $64.7 million between 2016-17 and 2018-19. City staff indicated that the 2021-22 adopted Capital Improvement Plan appropriated $28 million.

According to City staff, the City’s rapid development pace has stretched the capacity of the City’s staff – the City will require increases to staffing across the board as the City continues to grow, including increases to information technology, street maintenance, community development, public works, and policing staff. The City is able to temporarily address these challenges with contract staff.

SERVICES PROVIDED
City staff provide the community with law enforcement, building and planning, housing, code enforcement, streets and road maintenance, stormwater drainage, and innovation and technology services. City staff provide parks and recreation services within Council Districts #1 and #2, and some services in Council Districts #3 and #4. The following section describes municipal services provided within Menifee and identifies the service provider. Figure 74 presents a matrix summarizing the services provided by the City of Menifee and other service providers.

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Figure 74: Service Provider Matrix - Menifee
Government Services
General government services in Menifee are provided by the elected City Council, and appointed staff, including the City Manager and City Clerk. The City Manager is responsible for the daily operation of City functions and staff, fulfillment of policy and programs established by the Council, providing direction to departments that administer programs and services, developing and implementing strategic plans, coordinating economic development, intergovernmental relations, and public information efforts. The City Clerk is responsible for the preparation and distribution of City Council agendas, maintaining accurate records and legislative history, managing the planning commission and committee actions, handling liability claims, and the storage of City records.

Law Enforcement
Law enforcement services in the City of Menifee are provided by the Menifee Police Department.

The Department provides general policing services to the City such as patrols, traffic accident Public Service Service Provider City Department County Small Independent Special District Large Independent Special District Small Dependent Special District Large Dependent Special District Private Contractor Franchise Shared Service Other Law Enforcement Police Department X
Fire Protection Fire/CalFire X
Emergency Medical Fire/CalFire X
Building/Planning Community Development and Building and Safety X Housing Community Development X
Code Enforcement Code Enforcement Department X
Animal Control Animal Friends of the Valleys X
Parks and Recreation Community Services, Valley-Wide RPD, CSA X X X Library Library System X
Museum Menifee Valley Historical Association X
Landscape Maintenance Valley-Wide RPD, LLMD & CFD, CSA X X X Streets/Road Maintenance Public Works, CSA X X
Streetlights CSA & CFD, CSA X X
Lighting LLMD & CFD X
Utilities Edison, So Cal Gas X
Solid Waste Waste Management X
Stormwater Drainage Public Works, Flood Control & Water Conservation X X Innovation and Technology Information Technology, Spectrum, AT&T X X Airport N/A
Cemetery * Perris Valley Cemetery District X
Healthcare * Valley Health System Hospital District X
Water * Eastern Municipal Water District X
Wastewater * N/A
* Not included in this MSR
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response, code enforcement, investigations, training, and community outreach. Up until July 1st, 2020 the Riverside County Sheriff Department provided policing and law enforcement services to the City. According to City staff, this was part of a coordinated effort over several years to switch from contracted work to in-house City staff.

According to City staff, the Menifee Police Department currently has 60 sworn personnel and 23 professional un-sworn civilian staff. Per City staff, a local Police Department allows the City to provide exceptional services and attract highly qualified and experienced personnel. According to City staff, the City’s Police Department currently has at least 1,000 years of combined experience across all staff members.106
Fire Protection
Fire Protection services are provided by Riverside County Fire Department/CalFire in Menifee.

Since 1921, the Riverside County Fire Department has been in a contractual relationship with CalFire to provide wildland fire protection services. In 1946, the contract between CalFire and Riverside County Fire Department was expanded to include fire protection services. Services provided by Riverside County Fire Department/CalFire include fire protection and prevention, medical response, review of planning cases, review and inspections of construction and developments, fire and life safety inspections of state-regulated occupancies, information on ordinances and standards for construction, and information bulletins and standards for fire protection.

Fire Stations 7, 68, and 76 are located within Menifee. According to City staff, the City’s Capital Improvement Plan includes funding for a new Fire Station, which is currently in the design phase.

According to City staff, the new Fire Station will replace the existing Station #5 in Quail Valley.

The Riverside County Fire Department/CalFire provides fire protection services to 20 cities in Riverside County and the Rubidoux community services district. The Riverside County Fire 106 Source: City of Menifee City staff. RSG was unable to substantiate with publicly available information.

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Department/CalFire also responds to calls for service in seven (7) additional Riverside County cities and the Idyllwild Fire Protection District through mutual and automatic aid agreements.

Emergency Medical
Emergency medical services are provided by the Riverside County Fire Department/CalFire.

Please refer to the previous section for more on the Department.

Building/Planning and Housing (Community Development)
Building, planning, and housing services are provided by the City’s Community Development Department. The Department is responsible for monitoring and updating development code, ensuring development is consistent with the General Plan, reviewing planning applications, and advising the Planning Commission. According to City staff, the City has over 10,000 approved housing units yet to be built, with consistent annual increases in building permits. City staff added that the City is a CDBG Entitlement City.

Code Enforcement
Code enforcement services are provided by the Menifee Police Department Code Enforcement Division. The Department is responsible for enforcing City codes and health and safety regulations, providing neighborhood education programs, illegal dumping abatement, weed abatement, and vehicle abatement.

Animal Control
Animal control services are provided through a third-party contract with Animal Friends of the Valley (“AFV”). AFV is a nonprofit organization that runs animal shelter services for Menifee, in addition to other cities in southwestern Riverside County. AFV provides services such as animal care and control, humane education and euthanasia, animal licensing, lost animal services, spay/neuter services, microchipping, vaccinations, and wildlife services.

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Parks and Recreation
Parks and recreation services are provided by two (2) entities, the City’s Community Services Department and the Valley Wide Recreation and Park District (“VWRPD”). The Community Services Department is responsible for maintaining and developing parks and open spaces as well as improving the quality of life for residents through fun and safe recreational programs. The VWRPD was established in 1972 by a general election vote of the residents of Hemet and San Jacinto. In about 1987, VWRPD expanded its service area to include the Menifee Valley at the request of County of Riverside Supervisor Kay Ceniceros. VWRPD is an independent special district governed by five (5) elected board members with four-year terms, of which two (2) Director Divisions (#4 and #5) are elected by voters in the Menifee Valley portion of the City of Menifee, and represent the service area in the Menifee Valley. The District maintains several parks and landscapes throughout Hemet, Menifee, and San Jacinto, as well as unincorporated areas of Winchester, Murrieta, French Valley, Homeland, Romoland, Valle Vista, Sage, and Aguanga. The District also runs recreational programs like youth and adult basketball, baseball, softball, flag football, indoor soccer, and volleyball leagues in addition to providing landscape maintenance services.

According to staff, the City pursued detachment of the VWRPD, proposing to take over all parks and recreation services in the City. Upon review of the application for detachment, VWRPD proposed compensation in exchange for detachment. According to City staff, LAFCO approved a one-time $500,000 payment in exchange for detachment. In December 2014, the Commission reviewed the SOI for VWRPD and recommended expanding the VWRPD SOI to encompass the remainder of the City in recognition of the contractual arrangement between the City and VWRPD in effect at the time. The City, which had started to evaluate other alternatives for future provision of parks and recreation services, opposed the SOI expansion. The Commission agreed with the City and declined to expand the VWRPD SOI. The Commission action also included a request that the District work with the City to develop a long-term plan for the orderly transition of park and recreation services. In response, the City of Menifee filed the proposal for detachment of all City territory from VWRPD in 2016.

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According to staff, the City submitted an application to LAFCO for detachment from VWRPD in 2016, proposing to take over all parks and recreation services in the City, which would have left VWRPD with disconnected and noncontiguous services boundaries, and would have undermined the constitutional validity of the existing VWRPD LMD that would have been bifurcated by the City’s proposal. According to City staff, following a series of public meetings in 2017, LAFCO approved the City’s application for detachment subject to conditions. The City did not agree with the conditions. The City filed a law suit challenging the validity of several terms and conditions imposed by LAFCO in its approval of the detachment. Because the City lost its suit, and failed to meet the conditions of Riverside LAFCO’s approval the detachment was never finalized.

City staff indicated that the City could mitigate this issue by expanding its parks and recreation district boundary to include the entire City of Menifee.

The 2014 MSR made the a determination about the City’s inventory of parkland, which is summarized below:
• The City of Menifee required a minimum of five (5) acres of public open space per 1,000 residents. At the time of the 2014 MSR, Menifee had 1.68 acres of open space per 1,000 residents.

According to City staff, the city has made progress towards improving its inventory of parkland.

The City notes that seven (7) new parks totaling about 37 acres have been constructed since the 2014 MSR, totaling 15 parks and 81 acres. The City currently has five (5) additional parks under construction that will add another 27 acres of parkland in 2022. City staff estimates that by the end of 2022, the City of Menifee will provide 2.34 acres of parkland per 1,000 residents.

Additionally, VWRPD currently provides 4.27 acres of parkland per 1,000 residents within the Menifee Valley Service Area and is responsible for maintaining over 13.7 million square feet of landscaped sports fields, street landscaping, paseos, and other public areas, including 26 parks in addition to two (2) gymnasiums, and one (1) recreation headquarters/community center.

VWRPD has three (3) additional parks under construction that will add another 23 acres of parkland totaling 177 acres within VWRPD’s Menifee Valley service area.

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Library
Library services are provided by the Riverside County Library System. The County Library provides reading materials, literacy programs, computers, and broadband access to residents.

There are two (2) County operated libraries in Menifee, known as Sun City Library located at 26982 Cherry Hills, and Menifee Library located at 28798 La Piedra Road. The Sun City Library is a 14,000 square foot facility with 28,000 items and 21 computers. The Menifee Library is 20,000 square feet and includes 35,000 materials, 16 computers, furniture with plug-in technology for personal devices, and multiple study rooms.

Museum
The Menifee History Museum opened in 2016 and is located at 26301 Garbani Road in Menifee.

The Museum is operated by the Menifee Valley Historical Association, a 501(c)(3) public charity.

Landscape Maintenance
Landscape maintenance services are provided by the City’s Community Services Department and administered with funding from various Lighting and Landscape Maintenance Districts and Community Facilities Districts. The Department provides oversight of various landscaping projects funded by the districts.

According to City staff, Valley-Wide Recreation and Park District oversees maintenance of rightof-way landscaping on the east side of the City.

Streets/Road Maintenance
Streets and roads maintenance services are provided by the City’s Public Works Department.

The Department provides maintenance of City owned streets and roads, administers capital improvements, and assists with graffiti, weed, and illegal dumping abatement. City staff indicated that the City has adopted a Pavement Management Program, designed to extend the pavement lifecycle of City roadways.

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Streetlights
Streetlight related services are provided by the City’s Public Works Department. The Department is responsible for the regular maintenance of streetlights in the City, as well as retrofitting them with newer LED bulbs. According to City staff, Menifee took over control of the streetlights from the utilities.

Utilities (Gas, Electric)
Utility services are provided by Southern California Edison (“SCE”) and Southern California Gas (“SoCal Gas”). SCE provides general electricity generation, and grid operations. SoCal Gas provides natural gas energy services to the City for various uses, such as heating and cooking.

Solid Waste
The City has a franchise agreement in place with Waste Management for solid waste collection services. Waste Management is a private solid waste disposal company provides solid waste disposal and recycling services to Menifee residences. Waste Management is one of the largest solid waste companies in North America with more than 45,000 employees serving over 20 million residential, industrial, municipal, and commercial customers.

Storm Drainage
Menifee’s Public Works and Engineering Department provides storm drainage and stormwater management to the City. Public Works oversees the City’s National Pollutant Discharge Elimination System (“NPDES”) permit and helps provide maintenance of City storm drains.

Engineering is responsible for overseeing the City’s stormwater management program. According to City staff, the south side of the City has issues with underdeveloped drainage facilities and infrastructure, but this is partially by design as residents have pushed to keep the rural community feel of the area. City staff indicated that larger infrastructure, including pipes in excess of 38 inches, is managed and constructed by Riverside County Flood Control District.

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Innovation and Technology
The Menifee Information Technology Department handles all matters relating to innovation and technology in the City government. The Department ensures organizational effectiveness between departments, manages computer hardware and software, and provides IT support.

According to City staff, the City is preparing a Smart Cities Strategic Plan to implement a Citywide broadband plan.

Airport
There are no airport facilities in the City of Menifee.

Extraterritorial Services Provided
The City does not provide any services to areas outside of the City of Menifee. Government Code Section 56133 requires LAFCO approval for extension of services outside a sphere of influence in response to an existing or impending threat to public health or safety.

RECENT AND PLANNED MAJOR CAPITAL IMPROVEMENTS
The City of Menifee Capital Improvement Division administers the City’s Five-Year Capital Improvement Plan. The Division prepares an updated CIP annually and utilizes GIS software to provide detailed geographic locations for future, design-stage, under construction, and completed capital improvement projects.

According to City staff, the City’s list of capital improvements once grew to a budget of $474 million and the City would like to accomplish twice as many projects as they have funding for.

The City is actively seeking financing from State and Federal grants and Measure DD funds for infrastructure projects.

The City’s Five-Year CIP includes projects to address bridge and overpass construction, street and road improvements, interchange construction, park development, and construction of City facilities including a new fire station and City Hall.

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HOUSING NEEDS AND HOUSING ELEMENT REPORTING
The City submitted its 5th Cycle Housing Element to HCD on February 25, 2014 and HCD designated the Housing Element in compliance with Housing Element Law on March 5, 2014. The City submitted 5th Cycle Housing Element Annual Progress Reports every year between 2014 and 2019. According to City staff, the City’s General Plan was adopted in December 2013 and the City was not required to submit an Annual Progress Report in 2013. The City’s 5th Cycle housing needs and production are presented in Figure 75.

Figure 75: 5th Cycle Housing Element Summary - Menifee
The City’s combined 5th Cycle RHNA allocation amounts to 6,245 housing units. The City permitted 3,962 housing units during the 5th Cycle and fell short of meeting its RHNA allocation in the very low- and low- income categories. The City permitted just 11 very low-income housing units and 17 low-income housing units, leaving deficits of 1,477 very low-income units and 990 low-income units. But, the City did manage to produce a surplus of 123 housing units designated for moderate income households and 61 market rate, or above-moderate income housing units.

With the 5th Cycle concluding in 2020 and an outstanding shortage of 3,962 housing units, the City of Menifee is not expected to fulfill its RHNA allocation.

The City’s 6th Cycle RHNA allocation increases by just 6 percent (349 additional units) to 6,594 housing units. City staff noted that the final RHNA allocation was 6,609 housing units. To accomplish this, the City would need to target production of 824 housing units annually over the eight (8) year cycle. The City’s housing production trends over the 5th Cycle are notable, as the City increased total unit production year-over-year every year and in 2018 and 2019 exceeded the 5th Cycle annual goal of 781 units. Very few cities have managed to produce encouraging Menifee
5th Cycle Housing Needs
RHNA Allocation 1,488 1,007 1,140 2,610
Permitted Units 11 17 1,263 2,671
Allocation Surplus/(Shortage) (1,477) (990) 123 61
Source: HCD Annual Progress Report Permit Summary, October 6, 2020 Very Low
Income Low Income
Moderate
Income
Above
Moderate
Income
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housing production trends, and even fewer have exceeded annual production goals. The City of Menifee’s 5th and 6th cycle RHNA allocations and the 5th Cycle historical housing unit production is presented in Figure 76.

Figure 76: 5th and 6th Cycle RHNA Allocation and Production - Menifee Menifee is one of 289 California jurisdictions that have not made sufficient progress toward either moderate-income RHNA unit production or failed to submit the latest (2019) Annual Progress Report. As a result, the City is subject to streamlined ministerial approval process for proposed housing developments with at least 10 percent affordable units. The streamlined ministerial approval process was introduced as part of Senate Bill 35 (Chapter 366, Statutes of 2017) in 2017.

FISCAL HEALTH
The City’s fiscal health evaluation, including audit findings, revenue sources, expenditure categories, long-term obligations, reserves, and California State Auditor assessment is presented in the sections that follow. Figure 77 presents the City’s net position as annual revenues less expenditures for fiscal years 2016-17 through 2018-19. While the City had a $5.6 million deficit in 2016-17, the City had $19.8 and $24.0 million surpluses in 2017-18 and 2018-19, respectively. -
200
400
600
800
1,000
1,200
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Housing Units
Market Rate Built Affordable Built Annual Goal
RHNA 5th Cycle RHNA 6th Cycle
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Figure 77: Net Position - Menifee
Operating Revenues
In 2018-19, the City’s total revenues exceeded $88.7 million. The City’s revenue history, inclusive of tax revenues and non-tax revenues, for fiscal years 2016-17 through 2018-19 is presented in Figure 78.

Menifee 2016-17 2017-18 2018-19
Total General Tax Revenues $24,807,944 $40,877,577 $45,426,095 Other Tax Revenues 1,619,512 1,664,930 1,918,407
Other Revenues 23,300,979 32,865,139 41,387,874
Total Revenues 49,728,435 75,407,646 88,732,376
Total Operating Expenditures 35,013,008 47,701,743 58,281,673 Debt Service 1,311,721 1,302,588 1,305,488
Capital Outlay 19,015,330 6,554,000 5,143,341
Total Expenditures 55,340,059 55,558,331 64,730,502
Net Position ($5,611,624) $19,849,315 $24,001,874
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Figure 78: Operating Revenue History - Menifee
The City has developed a substantial tax revenue base, reaching $45.4 million in 2018-19. The City’s total general tax revenues represented just 51.2 percent of total revenues, with non-tax revenues accounting for the remaining portion. The City’s largest tax revenue sources include sales tax ($20.4 million in 2018-19), property tax ($14 million), and property tax in-lieu of VLF ($6.7 million). The City receives a variety of non-tax revenues, with the largest sources being miscellaneous revenues ($12.9 million) and charges for services ($9.4 million).

The City’s tax revenue base grew from $24.8 million in 2016-17 to more than $45.4 million in 2018-19, a 79 percent increase). Much of this growth came in sales tax revenues, and as a result of the State of California’s decision on property tax in-lieu of VLF revenues. Sales tax revenues Menifee 2016-17 2017-18 2018-19
General Revenues
Property Tax $12,248,014 $12,688,989 $14,005,917
Sales Tax 8,661,218 18,005,117 20,384,878
Transient Occupancy Tax 225,956 232,117 238,464
Property Tax in-lieu of VLF - 6,110,514 6,680,540
Franchise Tax 2,973,633 3,109,879 3,357,585
Business License Tax 116,186 115,628 134,910
Property Transfer Tax 582,937 615,333 623,801
Utility User Tax - - -
Other Tax Revenues - - -
Total General Tax Revenues 24,807,944 40,877,577 45,426,095 Transportation Tax 1,619,512 1,664,930 1,918,407
Parking Tax - - -
Voter-Approved Taxes - - -
Functional Tax Revenues - - -
Total Tax Revenues 26,427,456 42,542,507 47,344,502
Charges for Services 5,024,450 8,134,151 9,419,895
Special Benefit Assessments 3,575,738 4,091,073 4,254,666 Use of Money 170,507 652,386 2,045,266
Fines and Forfeitures 584,362 623,798 881,643
Licenses and Permits 4,958,133 5,820,848 6,542,785
Intergovernmental 4,449,888 4,970,387 5,359,911
Other Taxes in-Lieu - - -
Miscellaneous Revenues 4,537,901 8,572,496 12,883,708
Total Revenues $49,728,435 $75,407,646 $88,732,376
Source: California State Controller's Office
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increased by 135 percent and now represent 44.9 percent of the City’s general tax revenues, mostly as a result of the voter-approved one percent Quality of Life Measure DD increase transactions and use tax. With the restoration of property tax in-lieu in 2017-18, the City added more than $6 million to its annual revenues. While the City has very low proportions of revenues derived from transient occupancy tax, no single category of general tax revenue is outsized when compared to the average Riverside County and California cities.

The City’s general tax revenues are compared to the average for all Riverside County and California cities in Figure 79.

Figure 79: General Tax Revenues Comparison - Menifee
Sales Tax, Quality of Life Measure DD
Cities receive one percent of gross receipts from the sale of tangible personal property sold within their jurisdiction. Additionally, with the Menifee electorate voting in favor of Measure DD in 2016, the City doubled its sales tax rate to two (2) percent of gross sales. The City’s sales tax revenues increased from $8.7 million in 2016-17, prior to the implementation of Measure DD, to $20.4 million in 2018-19.

Property Tax 30.8%
Property Tax 19.0%
Property Tax 31.2%
Sales Tax 44.9%
Sales Tax 39.9%
Sales Tax 24.7%
TOT 0.5%
TOT 9.5%
TOT 8.5%
Property Tax in-lieu

14.7%
Property Tax in-lieu

13.2% Property Tax in-lieu

11.2%
Other Tax 9.1%
Other Tax 18.4% Other Tax 24.3%
Menifee All Riverside Cities All California Cities
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Measure DD was approved by more than 68 percent of Menifee voters in 2016. The City stated that the revenues generated by Measure DD would be utilized to reduce traffic congestion, improve and repair local interchanges, overpasses, streets, roads, bridges and potholes, maintain local police, fire, paramedic, and 911 emergency response times, prevent cuts to senior, disabled and youth programs, and provide other general services.

Anecdotally, City staff indicated that the COVID-19 pandemic did not result in a decrease in sales tax revenues.

Property Tax and Property Tax in-lieu of Motor Vehicle License Fees The City’s second- and third-largest general tax revenue sources are property tax and property tax in-lieu of VLF, accounting for 30.8 and 14.7 percent of general tax revenues in 2018-19. The City’s property tax revenues grew by 6.9 percent annually between 2016-17 and 2018-19.

Property tax is assessed on land, improvements, and personal property, which combined for a total of $9.6 billion in 2018-19. The City’s assessed land value amounted to $3.1 billion while the total improvement value was more than $6.5 billion.107 The City of Menifee’s $14 million property tax revenues represented 14.6 percent of property tax revenues collected in Menifee, which is an above average rate, and among the highest, compared to other cities in Riverside County.

The City of Menifee and the County of Riverside do not have a Master Property Tax Exchange Agreement in place.108
The City’s property tax in-lieu of VLF revenues amounted to almost $6.7 million in 2018-19, or about 14.7 percent of all general tax revenues. The State of California restored property tax inlieu of VLF to new cities in 2017-18, representing a windfall of more than $6.1 million in 2017-18. 107 Source: California City Finance, “Assessed Valuation of Property by City” 108 Source: Riverside LAFCO
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Prior to the decision, many of the new cities in California and Riverside County were facing uncertain fiscal futures.

Miscellaneous Revenues
The City’s miscellaneous revenues account for $12.9 million in 2018-19, representing about 14.5 percent of the City’s total revenues. Most of the City’s miscellaneous revenues can be attributed to development impact fees, which reached almost $11.2 million in 2018-19. The City also received other miscellaneous noncategorized revenues ($1.6 million) and contributions from nongovernmental sources ($48,000) in 2018-19. City staff indicated that the City’s development pace has exceeded expectations and some development impact fees may not be reflect the needs of the City at this point.

Charges for Services
Charges for services represented 10.6 percent of the City of Menifee’s total revenues in 2018- 19, amounting to $9.4 million. Charges for services in Menifee include engineering and inspection fees ($5.5 million), other noncategorized charges for services ($2.9 million), plan check fees ($432,000), parks and recreation fees ($326,000), zoning and subdivision fees ($230,000), and first aid and ambulance charges ($51,000). According to City staff, the City is preparing to perform a master fee study and cost allocation plan that will study all City fees and aim to recover costs.

Operating Expenditures
The City’s total operating expenditures increased from $55.3 million in 2016-17 to more than $64.7 million in 2018-19. The City’s operating expenditures between 2016-17 and 2018-19 are presented in Figure 80.

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Figure 80: Operating Expenditures - Menifee
The increase in operating expenditures occurred despite a decrease in capital outlay expenditures, from $19 million in 2016-17 to $5.1 million in 2018-19. Expenditures in all other operating expenditure categories, including salaries and wages, employee benefits, materials and supplies, and contract services increased over the same time frame.

The City’s contract services expenditures grew by 21.2 percent annually between 2016-17 and 2018-19. By 2018-19, the contract services represented about 49.3 percent of total expenditures, at almost $31.9 million. As previously mentioned, the City took over law enforcement services in July 2020, which means that the historical contract service expenditures prior to fiscal year 2019- 20 reflect the costs associated with contracting with the Riverside County Sheriff’s Department for law enforcement services.

The City’s largest current expenditure category in 2018-19 was public safety, which grew at a

14.7 percent annual growth rate between 2016-17 and 2018-19 to $27.3 million. Meanwhile, all current expenditures grew by just 8.2 percent annually during the same time frame. The City’s current expenditures by function between 2016-17 and 2018-19 are presented in Figure 81.

Menifee 2016-17 2017-18 2018-19
Operating Expenditures
Salaries and Wages $4,396,610 $5,661,060 $7,479,631
Employee Benefits 1,955,109 2,428,519 3,594,658
Materials and Supplies 6,973,565 9,948,833 15,327,105
Contract Services 21,687,724 29,663,331 31,880,279
Other Operating Expenditures - - -
Total Operating Expenditures 35,013,008 47,701,743 58,281,673 Debt Service 1,311,721 1,302,588 1,305,488
Capital Outlay 19,015,330 6,554,000 5,143,341
Total Expenditures $55,340,059 $55,558,331 $64,730,502
Source: California State Controller's Office
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Figure 81: Current Expenditures - Menifee
If debt service and capital outlay are removed from the total current expenditures, the City’s public safety costs represent about 46.8 percent of all current expenditures, which is in line with the average of all cities in Riverside County (52.2 percent) and California (47.3 percent). It is understandable, however, with 14.7 percent annual growth rate associated with public safety, that the City would internalize public safety services.

It is also notable that the City has increased expenditures on community development from about $6.9 million in 2016-17 to over $17.3 million in 2018-19. Most of these expenditures can be attributed to construction and engineering regulation ($7.7 million) and planning expenditures ($2.2 million). This increase in community development expenditures is likely a response to the City’s rapid development pace in recent years.

Reserve Fund Balance
The City aims to retain 25 percent of annual operating expenditures as reserves. The reserves include a 10 percent natural disaster and catastrophic event reserve, 10 percent economic slowdown due to recession or other economic crisis reserve, and 5 percent reserve to offset Menifee 2016-17 2017-18 2018-19
General Government $4,241,238 $5,427,879 $7,115,488
Public Safety 20,757,522 25,259,132 27,295,472
Transportation 2,438,141 3,934,839 5,937,109
Community Development 6,893,311 12,499,463 17,345,430
Health - - -
Culture and Leisure 682,796 580,430 588,174
Public Utilities - - -
Debt Service 1,311,721 1,302,588 1,305,488
Capital Outlay 19,015,330 6,554,000 5,143,341
Total Current Expenditures $55,340,059 $55,558,331 $64,730,502 Source: California State Controller's Office
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timing of grant reimbursements and collections of property taxes. The City’s reserves amounted to $26.5 million in 2020-21 and met the City’s reserve policy.109 Pension and OPEB Obligations
The City of Menifee’s pension and OPEB obligations are outlined in Figure 82.

Figure 82: Pension and OPEB Obligations - Menifee
Qualifying employees are eligible to participate in the City’s Miscellaneous or Safety Pension Plans. The City also offers an OPEB policy, which is a single-employer retiree healthcare plan.

In 2019-20, the City’s combined benefit liability grew to almost $901,000, which is relatively low in comparison to most other cities in Riverside County. According to staff, the City does not have “unfunded liabilities” and they are able to pay as they go.

The City’s pension indicators are presented in Figure 83, including the City’s employer contribution compared to the actuarially determined contribution, the City’s total covered payroll, and the contribution rate as a percent of covered payroll. These indicators provide measures of the health of the City’s pension plans.

Figure 83: Pension Indicators - Menifee
109 Source: City of Menifee, 2019-20 Budget
Menifee 2017-18 2018-19 2019-20
Net Pension Liability/(Surplus) $551,431 $499,769 $23,598 Total OPEB Liability/(Surplus) 181,271 250,648 876,974
Total Benefit Liability/(Surplus) $732,702 $750,417 $900,572 Source: 2017-18, 2018-19 and 2019-20 ACFR
Menifee 2017-18 2018-19 2019-20
Actuarially Determined Contribution $524,088 $1,360,520 $1,089,277 Employer Contribution 524,088 1,360,520 1,089,277
Covered Payroll $5,130,794 $6,773,265 $10,202,569
Employer Contribution Rate 10.2% 20.1% 10.7%
Source: 2017-18, 2018-19 and 2019-20 ACFR
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As illustrated in Figure 83, the City has made employer contributions equivalent to the minimum actuarially determined contribution in each of the three (3) fiscal years between 2017-18 and 2019-20, even as the City’s covered payroll doubled over this period. The City’s employer contribution rate (10.2 to 20.1 percent) is below average when compared to all Riverside County cities, which ranged from 26 to 32 percent. This is indicative of a healthy pension plan.

Annual Audit Findings
RSG reviewed the City’s Annual Audits from 2017-18 through 2019-20. The Annual Audits did not present any findings and the auditor stated that the financial statements present fairly, in all material respects, the respective financial position of the governmental activities, the businesstype activities, each major fund, and the aggregate remaining fund information of the City.

Additionally, the City’s Annual Audits between 2017-18 and 2019-20 were awarded Certificates of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association.

California State Auditor Fiscal Health Evaluation
The City of Menifee ranked 381 out of 471 jurisdictions and received an overall risk rating of low.

The City is considered higher risk than 90 peer cities in California, or about 19 percent of cities.

The City received low risk ratings on eight (8) indicators, including liquidity, debt burden, general fund reserves, pension obligations, pension funding, pension costs, future pension costs, and OPEB obligations. One indicator, revenue trends, was given a moderate risk rating. One indicator, OPEB funding, scored a high-risk rating.

MSR DETERMINATIONS
Requisite CKH determinations for Menifee are presented by topic below:

1. Population, Growth, and Housing
Menifee grew rapidly over the last decade, at an annualized growth rate of 2.28 percent, adding almost 20,000 to the City’s population. Menifee is expected to continue growing, albeit Item Title: 12.1
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at a slower rate, over the next 15 to 25 years, roughly at the same rate as the County of Riverside. The City added 5,406 housing units between 2010 and 2020, and made significant progress towards meeting its RHNA allocation, exceeding the allocation in both moderateand above-moderate income housing unit categories. However, the development community in Menifee did not produce sufficient very low- and low-income housing units, falling 2,467 units short in those categories, to meet the City’s very low- and low-income housing RHNA allocations.

2. Disadvantaged Unincorporated Communities in SOI
Menifee’s SOI is coterminous with its corporate City boundary and therefore does not contain any DUC.

3. Present and Planned Capacity of Facilities
Because Menifee is a rapidly growing and developing city, the present capacity of facilities may not be keeping up with demand. The City is requiring CFD approval for all new developments to ensure that service and infrastructure needs of new developments have a built-in funding mechanism.

4. Financial Ability to Provide Services
The City has improved it’s fiscal health in recent years with the addition of property tax in-lieu of VLF revenues and the approval of Measure DD one percent transactions and use tax. The City has built up reserves of at least 25 percent of operating expenditures. The City’s pension and OPEB liabilities have been suppressed and the City is able to pay off any liabilities that accumulate.

5. Opportunities for Shared Facilities
No opportunities for shared facilities were identified.

Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 43
Menifee Mayor and City Council October 19, 2022

Page 810 of 919 ends

City of Menifee
City Municipal Service Review and Sphere of Influence Update Riverside County
Final Draft – July 28, 2022
227

6. Accountability for Community Service Needs
The City connects with residents through at least four (4) different social networks. The City recently hired a public information officer to provide regular updates to residents and coordinate communications. The City’s Menifee Matters magazine is distributed to every household and business on a quarterly basis to provide updates to the residents of the City.

The City put three (3) new software solutions in place recently that are intended to connect and provide greater access to the community.

7. Any Other Matter Related to Effective or Efficient Service Delivery as Required by Commission Policy.

The City did not identify any other matters related to effective or efficient service delivery as required by Commission Policy.

SOI RECOMMENDATIONS
RSG is recommending coordination with the City of Menifee on expansion of the Menifee SOI.

Menifee’s SOI is coterminous with its incorporated municipal boundary. As the City and Western Riverside County region continues to grow, much of the future development will begin to occur beyond Menifee’s eastern boundaries in unincorporated areas. In an effort to manage sprawl, LAFCO may consider extending Menifee’s SOI boundary eastward towards State Route 79. City staff indicated that there is interest in expanding the City’s SOI and municipal boundary to the east. Per City staff, the City Council adopted a Strategic Plan that included an item aiming to expand the Menifee SOI eastward as far as State Route 79.

During the Public Review of this MSR, 112 signatures opposed to any annexation or SOI expansion in the Winchester-Homeland MAC were gathered at the Winchester-Homeland Municipal Advisory Council meeting, Valley-Wide Recreation and Park District Board Meeting, and the Highland Palm community.

Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 44
Menifee Mayor and City Council October 19, 2022

Page 811 of 919 ends

City of Menifee
City Municipal Service Review and Sphere of Influence Update Riverside County
Final Draft – July 28, 2022
228

1. Present and Planned Land Uses
Menifee’s coterminous SOI includes proportionally higher concentrations of single-family housing and retail commercial uses, when compared to the Countywide distribution of land uses.

2. Present and Probable Need for Public Facility and Services Because Menifee has grown rapidly in recent years and is projected to continue growing at an above-average rate through 2045, there may be shortfalls related to meeting demand for public facilities and services.

3. Present Capacity of Public Facilities
City staff did not identify any deficiencies with present capacity of public facilities located in the SOI.

4. Social or Economic Communities of Interest
The Winchester/Homeland Municipal Advisory Council area is located east of the City’s corporate boundary.

5. Disadvantaged Unincorporated Community Present and Planned Need for Facilities and Services
Menifee’s coterminous SOI does not contain any DUCs.

Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 45
Menifee Mayor and City Council October 19, 2022

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Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 46
Menifee Mayor and City Council October 19, 2022

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City of Banning
Caroline Patton, City Clerk
99 E. Ramsey Street
Banning, CA 92220
City of Beaumont
Steven Mehlman, City Clerk
550 E. 6th Street
Beaumont, CA 92223
City of Blythe
Mallory Sutterfield Crecelius, City Clerk
235 N. Broadway
Blythe, CA 92225
City of Calimesa
Darlene Gerdes, City Clerk
908 Park Avenue
Calimesa, CA 92320
City of Canyon Lake
Ana Sauseda, City Clerk
31516 Railroad Canyon Rd.

Canyon Lake, CA 92587
City of Cathedral City
Tracey R. Hermosillo, City Clerk
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
City of Coachella
Angela Zepeda, City Clerk
1515 Sixth Street
Coachella, CA 92236
City of Corona
Sylvia Edwards, City Clerk
400 S. Vicentia Avenue
Corona, CA 92882
City of Desert Hot Springs
Jerryl Soriano, City Clerk
65950 Pierson Blvd.

Desert Hot Springs, CA 92240
City of Eastvale
Marc Donohue, City Clerk
12363 Limonite Av., Suite 910
Eastvale, CA 91752
City of Hemet
John Paul Maier, City Clerk
445 E. Florida Ave.

Hemet, CA 92543
City of Indian Wells
Angelica Avila, City Clerk
44-950 Eldorado Drive
Indian Wells, CA 922107497
City of Indio
Sabdi Sanchez, City Clerk
P.O. Drawer 1788
Indio, CA 92202
City of Jurupa Valley
Vicki Wasko, City Clerk
8930 Limonite Avenue
Jurupa Valley, CA 92509
City of La Quinta
Monika Radeva, City Clerk
78-495 Calle Tampico
La Quinta, CA 92253
City of Lake Elsinore
Candice Alvarez, City Clerk
130 S. Main Street
Lake Elsinore, CA 92530
City of Menifee
Sarah Manwaring, City Clerk
29844 Haun Road
Menifee, CA 92586
City of Moreno Valley
Brian Mohan, City Clerk
PO Box 88005
Moreno Valley, CA 925520805
City of Murrieta
Cristal McDonald, City Clerk
One Town Square
Murrieta, CA 92562
City of Norco
Dana Roa, City Clerk
2870 Clark Avenue
Norco, CA 92860
City of Palm Desert
Niamh Ortega, City Clerk
73-510 Fred Waring Drive
Palm Desert, CA 92260
City of Palm Springs
Anthony Mejia, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
City of Perris
Nancy Salazar, City Clerk
101 North "D" Street
Perris, CA 92570
City of Rancho Mirage
Kristie Ramos, City Clerk
69-825 Hwy. 111
Rancho Mirage, CA 92270
City of Riverside
Donesia Gause, City Clerk
3900 Main Street
Riverside, CA 92522
City of San Jacinto
Julia Espinoza, City Clerk
595 S. San Jacinto Ave.

San Jacinto, CA 92583
City of Temecula
Randi Johl, City Clerk
41000 Main Street
Temecula, CA 92590
City of Wildomar
Janet Morales, City Clerk
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595
Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 47
Menifee Mayor and City Council October 19, 2022

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Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 48
Menifee Mayor and City Council October 19, 2022

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Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 49
Menifee Mayor and City Council October 19, 2022

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Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 50
Menifee Mayor and City Council October 19, 2022

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Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 51
Menifee Mayor and City Council October 19, 2022

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Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 52
Menifee Mayor and City Council October 19, 2022

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Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 53
Menifee Mayor and City Council October 19, 2022

Page 820 of 919 ends

City of Banning
Caroline Patton, City Clerk
99 E. Ramsey Street
Banning, CA 92220
City of Beaumont
Steven Mehlman, City Clerk
550 E. 6th Street
Beaumont, CA 92223
City of Blythe
Mallory Sutterfield Crecelius, City Clerk
235 N. Broadway
Blythe, CA 92225
City of Calimesa
Darlene Gerdes, City Clerk
908 Park Avenue
Calimesa, CA 92320
City of Canyon Lake
Ana Sauseda, City Clerk
31516 Railroad Canyon Rd.

Canyon Lake, CA 92587
City of Cathedral City
Tracey R. Hermosillo, City Clerk
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
City of Coachella
Angela Zepeda, City Clerk
1515 Sixth Street
Coachella, CA 92236
City of Corona
Sylvia Edwards, City Clerk
400 S. Vicentia Avenue
Corona, CA 92882
City of Desert Hot Springs
Jerryl Soriano, City Clerk
65950 Pierson Blvd.

Desert Hot Springs, CA 92240
City of Eastvale
Marc Donohue, City Clerk
12363 Limonite Av., Suite 910
Eastvale, CA 91752
City of Hemet
John Paul Maier, City Clerk
445 E. Florida Ave.

Hemet, CA 92543
City of Indian Wells
Angelica Avila, City Clerk
44-950 Eldorado Drive
Indian Wells, CA 922107497
City of Indio
Sabdi Sanchez, City Clerk
P.O. Drawer 1788
Indio, CA 92202
City of Jurupa Valley
Vicki Wasko, City Clerk
8930 Limonite Avenue
Jurupa Valley, CA 92509
City of La Quinta
Monika Radeva, City Clerk
78-495 Calle Tampico
La Quinta, CA 92253
City of Lake Elsinore
Candice Alvarez, City Clerk
130 S. Main Street
Lake Elsinore, CA 92530
City of Menifee
Sarah Manwaring, City Clerk
29844 Haun Road
Menifee, CA 92586
City of Moreno Valley
Brian Mohan, City Clerk
PO Box 88005
Moreno Valley, CA 925520805
City of Murrieta
Cristal McDonald, City Clerk
One Town Square
Murrieta, CA 92562
City of Norco
Dana Roa, City Clerk
2870 Clark Avenue
Norco, CA 92860
City of Palm Desert
Niamh Ortega, City Clerk
73-510 Fred Waring Drive
Palm Desert, CA 92260
City of Palm Springs
Anthony Mejia, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
City of Perris
Nancy Salazar, City Clerk
101 North "D" Street
Perris, CA 92570
City of Rancho Mirage
Kristie Ramos, City Clerk
69-825 Hwy. 111
Rancho Mirage, CA 92270
City of Riverside
Donesia Gause, City Clerk
3900 Main Street
Riverside, CA 92522
City of San Jacinto
Julia Espinoza, City Clerk
595 S. San Jacinto Ave.

San Jacinto, CA 92583
City of Temecula
Randi Johl, City Clerk
41000 Main Street
Temecula, CA 92590
City of Wildomar
Janet Morales, City Clerk
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595
Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 54
Menifee Mayor and City Council October 19, 2022

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Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 55
Menifee Mayor and City Council October 19, 2022

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Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 56
Menifee Mayor and City Council October 19, 2022

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Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 57
Menifee Mayor and City Council October 19, 2022

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Commission Reviewed & Confirmed SOI: July 28, 2022
Exhibit “O”
Item Title:&nbsp;12.1 Local Agency Formation Commission&rsquo;s Municipal Services Review Update and Consideration of Menifee&rsquo;s Sphere of InfluenceItem Page Number: 58 nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;October 19, 2022 Item Title: 12.1
Local Agency Formation Commission’s Municipal Services Review Update and Consideration of Menifee’s Sphere of Influence
Item Page Number: 59
Menifee Mayor and City Council October 19, 2022

Page 826 of 919 ends

CITY OF MENIFEE
SUBJECT: Christmas Tree Lighting Event Enhancements
MEETING DATE: October 19, 2022
TO: Mayor and City Council
PREPARED BY: Mariana Mitchell, Community Services Manager REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Review and discuss the budget and Options A, B, and C for the event components planned for the 2022 Christmas Tree Lighting and Holiday Bazaar event; and

2. If Council chooses Option C, authorize an additional general fund allocation of $60,000 and adopt a budget amendment resolution appropriating $15,500 from general fund to account 100-4662-52800 and $44,500 to account 100-4662-53155 for the purchase of an artificial tree; and

3. Authorize the City Manager to issue a Purchase Order (PO) to The Christmas Kings for the purchase of an artificial tree, decorations, and installation equipment in the amount of $44,500 (including taxes); and

4. Authorize the City Manager to execute a professional services agreement with The Christmas Kings for event and facility lighting and decorations, artificial tree installation, decoration and storage services not-to-exceed $53,000.

DISCUSSION
As requested by the City Council, staff provided an overview of the 2021 Annual Christmas Tree Lighting & Holiday Bazaar event that included the event budget and program elements at the March 16, 2022 City Council meeting. At the conclusion of the discussion, staff received the direction to research the following:
• Superior tree lighting and decoration options
• Increased photo opportunities
• Larger snow area to decrease waiting time
Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 1
Menifee Mayor and City Council October 19, 2022

Page 827 of 919 ends

City of Menifee Staff Report
Christmas Tree Lighting Event Enhancements
October 19, 2022

Page 2 of 4 ends

• Enhanced entertainment elements such as an ice-skating rink • Additional decoration elements throughout the City
• Explore future opportunities for a tree and display that would remain available throughout the holiday season.

Anticipating the increased costs associated with the enhanced decorations and event elements, Community Services proposed an additional $50,000 to be added to the event budget, bringing the total event budget to $95,000; which was more than double the expenditures from the previous year. The budget increase was subsequently approved by the City Council for fiscal year 2022/2023.

Staff utilized multiple methods to research the requested enhancements including surveying neighboring agencies on their event components and associated costs, reaching out to businesses specializing in holiday lighting and decor for informal quotes, and working with current vendors to negotiate competitive pricing for increased goods and services. Upon conclusion of the research, it was clear that some enhancements were possible within the increased event budget and other components could be explored if additional funding was allocated and if there was further development of City facilities or parks to accommodate these larger amenities.

This year’s Christmas Tree Lighting & Holiday Bazaar event is scheduled for Saturday, December 3, 2022 from 4:00 – 8:00 PM at Mt. San Jacinto College (MSJC). Several popular elements included are:
• Over 50 craft vendors and non-profit booths creating the “holiday bazaar” atmosphere • Food trucks and food vendors
• Santa Claus leading the walking parade and lighting ceremony • On stage professional and community entertainment
• Menifee Police Department on site with the BearCat Armored Vehicle to assist with donation collections for Santa’s Workshop and the Menifee Valley Community Cupboard Based on prior City Council discussion, staff has identified the following complimentary components to enhance the overall event experience within the current event budget of $95,000:
• Creation of a second snow sledding area with almost double the amount of snow at the event (90 tons total)
• Lighted decor for ambiance and “media moments” throughout the event such as displays of 16 ft. decorated trees, 6 ft. ornaments, 5 ft. present boxes, 12 ft. walk through ornament, and lighted pathways
• Walking entertainment throughout the event such as stilt walkers, roller skaters, and dancers
• Addition of a trackless train ride for youth and adults Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 2
Menifee Mayor and City Council October 19, 2022

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City of Menifee Staff Report
Christmas Tree Lighting Event Enhancements
October 19, 2022

Page 3 of 4 ends

Additionally, to expand the spirit of the holidays beyond the event it is proposed to decorate City Hall, Community Services Department, Kay Ceniceros Senior Center, and Lazy Creek Recreation Center with holiday lights. Also, there is an opportunity for decorating and lighting the Menifee Town Center arch.

Another amenity explored, and not included in the proposed/current program budget, is the rental or purchase of a 30-foot artificial tree with prices ranging from $30,000 to $60,000; or the purchase and installation of a live tree with pricing at approximately $65,000. Staff solicited informal bids from ten vendors for decorations and lighting for the event and City facilities and received quotes ranging up to $103,000 in cost. Through this process, The Christmas Kings not only provided the lowest cost for services but were also the most competitive with providing wholesale pricing when inquiring about the purchase of an artificial tree. Of the various tree options provided, the purchase of an artificial tree with a minimum five-year warranty would serve as an investment in the event for future years. The current event budget has $8,200 allocated towards the decoration of the live tree currently located at the Mt. San Jacinto College campus. Should the City Council recommend the purchase of an artificial tree, an additional allocation of $60,000 from the general fund would be required for the purchase and other associated costs.

Another amenity explored for possible future holiday seasons was an ice rink. Quotes for this element range from $90,000 to $150,000 in rental fees and requires a month long (minimum) operating commitment at the location, a substantial amount of dedicated electricity, and a large concrete or asphalt surface for placement. Staff also found that some agencies have recently opted to cancel their ice rink operation due to these requirements and cost.

Staff presented the above-mentioned potential event enhancements to the Parks, Recreation, and Trails Commission at their regular meeting in October and there was general support for the expansion of the snow area, the addition of the lighted photo opportunities, and the added roaming entertainment. However, there was a lack of consensus on the options related to the tree for the event due to concerns over cost and placement of the tree.

Despite the increased cost of supplies and equipment, staff have committed to seeking out the best use of resources to provide a quality event and memorable experience. However, staff is presenting the following options for Council consideration:
▪ Option A – Proceed as presented while remaining within the current budget of $95,000. ▪ Option B – Reduce some components listed, to allow the purchase of an artificial or live tree, while remaining within the current budget of $95,000. ▪ Option C – Appropriate an additional $60,000 to purchase an artificial tree, for a budget not to exceed $155,000. The attached quote does not include storage of the artificial tree.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 3
Menifee Mayor and City Council October 19, 2022

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City of Menifee Staff Report
Christmas Tree Lighting Event Enhancements
October 19, 2022

Page 4 of 4 ends

FISCAL IMPACT
The anticipated fiscal impact associated with the items proposed in Options A and B as outlined in this report are funded within the approved fiscal year 2022/23 budget.

However, if the City Council chooses Option C, an appropriation of $60,000 would be needed to move forward with the purchase of an artificial tree, and a budget amendment resolution appropriating $15,500 from general fund to account 100-4662-52800 and $44,500 to account 100-4662-53155 would need to be adopted.

ATTACHMENTS

1. Proposed Event Elements and Facility Decoration Examples

2. Quote for Artificial Tree Purchase

3. Professional Services Agreement

4. Budget Amendment Resolution
Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 4
Menifee Mayor and City Council October 19, 2022

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Christmas Tree Lighting Event Enhancements 2022

Page 1 of 3 ends

Additional Snow
Run
$15,000
Lighted Winter
Wonderland
$15,000
Trackless Train
Ride
$750
Roaming
Entertainment
$3,800
Additional Event Enhancements
Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 5
Menifee Mayor and City Council October 19, 2022

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Christmas Tree Lighting Event Enhancements 2022

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Additional Holiday Decor (City Facilities)
2 x Up lighting, 4 x Palm Tree Wraps, and 2 x Lit Bows at Town Center Archway
$5,000
Roof Edge Lighting at City Hall, Kay
Ceniceros Center (CSD), and Lazy Creek
$7,300
4 x Palm Tree Wraps at City Hall
$800
6 x Up lighting at City Hall and Kay
Ceniceros Center (CSD)
$2,400
Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 6
Menifee Mayor and City Council October 19, 2022

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Christmas Tree Lighting Event Enhancements 2022

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Current Live Tree Rent Artificial Tree Purchase Artificial Tree Purchase Live Tree • 2 x Decorations
Lighting: $4,500
Decorations: $2,500
Installation: $1,200
• Total Cost: $8,200
Additional Allocation
Required: $0
Considerations:

Tree is not on City
Property
• 30 ft. Tower Tree
includes lighting,
decorations, installation
and removal
• Total Cost: $30,000 -
$40,000
Additional Allocation
Required: $21,800 -
$31,800
Considerations:

Location for Month Long
Display
• 30 ft. Tower Tree
Tree: $37,000 - $40,000
Shipping: $1,200
Installation: $5,000
Decoration: $8,200
Storage: $3,600
• Total Cost: $55,000 -
$58,000
Additional Allocation
Required: $46,800 -
$49,800
Considerations:

Storage and Replacement
• 25-40 ft. Pinus Eldarica
Tree: $25,000
Installation: $30,000
Decorations: $10,000
• Total Cost: $65,000
Additional Allocation
Required: $56,800
Considerations:

Permanent Location
Tree Options
Ice Rink
$90,000 - $150,000
Minimum 1 Month Commitment, Substantial Electricity and Space Needs Potential Future Enhancement
Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 7
Menifee Mayor and City Council October 19, 2022

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The Christmas Kings
31500 Grape St Ste 3233
Lake Elsinore, CA 92532
(951) 454-9777
[email protected]
Estimate
CLIENT
The City of Menifee

ADDRESS
29995 Evans Road, Menifee, CA, USA
ESTIMATE 22-958
DATE 10/13/2022
QTY Description Amount
1 *PRODUCT PURCHASE - - 30' summit Christmas Tree $29,500 1 *PRODUCT PURCHASE - - 4' Starburst Topper Pure white $400 1 *PRODUCT PURCHASE - - HARDWARE / ANCHORING KIT / WATER BALLAST $1,500 1 *PRODUCT PURCHASE - - Medium fill ornament package - 8". 6", 4" Gold, Silver, Blue - shiny and matte 1100 total ornaments of various sizes
$6,500
1 *TAX - - $3,316.25
1 Shipping and Handling Details in Notes - - Includes shipping to our yard in Murrieta, we will then hold the product, install the ornaments on the tree ahead of the installation, and then deliver the product onsite for the installation. lowered by $198 in order to make the overall number clean $3,283.75

Page 1 of 2 ends

Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 8
Menifee Mayor and City Council October 19, 2022

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The Christmas Kings carries general liability insurance & work comp @ $2,000,000 and $1,000,000 limits, Increases are available at clients expense - Our price includes installation, service, & removal, unless otherwise specified. - All materials are supplied to project as a rental from The Christmas Kings, unless provided by the client or otherwise specified.
- The client is responsible for providing adequate power at all lighted locations. - Sprinklers MUST be turned off to operate during daylight hours to prevent shorting out the display.
- The Christmas Kings provides service within 24 to 48 hours of reported outage.

Please use our online service call reporting link to report an outage, or send an email to [email protected].
- Additional fees may occur if it is determined that vandalism, theft has caused undo loss or damage.

Please read and sign and send back all terms and agreements for additional information.

TOTAL: $44,500
_____________________________________________ ______________ Signature Date

Page 2 of 2 ends

Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 9
Menifee Mayor and City Council October 19, 2022

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2671/031858-0001
7630421.2 a10/11/22

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT

CITY OF MENIFEE HOLIDAY LIGHTING AND DECORATION SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and THE CHRISTMAS KINGS, a S Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on October 19, 2022 and shall end on June 30, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

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

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

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

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

Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 10
Menifee Mayor and City Council October 19, 2022

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2671/031858-0001
7630421.2 a10/11/22 -2-

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

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed FIFTY THREE THOUSAND DOLLARS AND ZERO CENTS ($53,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.

The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

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

Invoices shall be submitted to:

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

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

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

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

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

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

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not Item Title: 12.2
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limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

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

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

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

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

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b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

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

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

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

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d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

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

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

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insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

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5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

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

SECTION 6. STATUS OF CONSULTANT.

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

SECTION 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State Item Title: 12.2
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of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

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

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

SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

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

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

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

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SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

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

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

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

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

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SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

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

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

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

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

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

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Matthew Kronquist (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

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THE CHRISTMAS KINGS
Attn: Matthew Kronquist
31500 GRAPE ST. UNIT 3233
LAKE ELSINORE, CA 92532
Any written notice to City shall be sent to the Contract Administrator at:

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

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

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

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

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

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

Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 22
Menifee Mayor and City Council October 19, 2022

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2671/031858-0001
7630421.2 a10/11/22 -14-

10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

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

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

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

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 23
Menifee Mayor and City Council October 19, 2022

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2671/031858-0001
7630421.2 a10/11/22 -15-
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Mathew Kronquist, President

Melissa Kronquist, Secretary

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 24
Menifee Mayor and City Council October 19, 2022

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2671/031858-0001
7630421.2 a00/00/00 EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include Holiday Lighting and Decoration Services in the amount not to exceed FIFTY THREE THOUSAND DOLLARS AND ZERO CENTS ($53,000.00) as further detailed in the following page(s).

Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 25
Menifee Mayor and City Council October 19, 2022

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2671/031858-0001
7630421.2 a00/00/00 EXHIBIT A.

Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 26
Menifee Mayor and City Council October 19, 2022

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2671/031858-0001
7630421.2 a00/00/00 EXHIBIT A.

Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 27
Menifee Mayor and City Council October 19, 2022

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2671/031858-0001
7630421.2 a00/00/00 EXHIBIT A.

Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 28
Menifee Mayor and City Council October 19, 2022

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RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st, 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

General Fund Adopted FY 2022/23 Revenue Budget: $67,933,273

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:

Amended General Fund FY 2022/23 Revenue Budget: $67,933,273 General Fund Adopted FY 2022/23 Expenditure Budget: $67,933,273

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022
FY21/22 Budget Carry-over
(Reprogrammed) Fire Station
#68 Improvements
100-4555-58101 $97,675
September 21, 2022
FY21/22 Budget Carry-over – PMP
23-02 Leon Road Micro-Surfacing
Project
100-4555-58158 60,000
October 19, 2022
CIP 13-03: Holland Road/I-215
Overcrossing (FY21/22 Budget
Carry-Over/Assigned Reserves)
100-4555-58021 2,800,000
Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 29
Menifee Mayor and City Council October 19, 2022

Page 855 of 919 ends

Amending the Fiscal Year 2022/23 General Fund Budget
2022 Christmas Tree Lighting Event

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
October 19, 2022
CIP 22-20: Sun City Community
Pedestrian Project (FY21/22
Budget Carry-Over)
100-4555-58137 $183,886
October 19, 2022
CIP 22-20: Sun City Community
Pedestrian Project (FY21/22
Budget Carry-Over ReProgrammed)
100-4555-58137 140,763.03
October 19, 2022
CIP 22-21: Lazy Creek
Community Pedestrian Project
(FY21/22 Budget Carry-Over)
100-4555-58138 88,380.50
October 19, 2022 Christmas Tree Lighting Event 100-4662-52800 15,500 October 19, 2022 Christmas Tree Lighting Even 100-4662-53155 44,500 TOTAL: $3,430,704.53
Amended General Fund FY 2022/23 Expenditure Budget: $71,363,977.53

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: 0

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

The annual budget for the General Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Amended General Fund FY 2022/23 Budget: $67,933,273
Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 30
Menifee Mayor and City Council October 19, 2022

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Amending the Fiscal Year 2022/23 General Fund Budget
2022 Christmas Tree Lighting Event
Expenditures:

PASSED, APPROVED AND ADOPTED this 19th day of October 2022.

Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:

Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney 2 Christmas Tree Lighting Event $60,000
Amended General Fund FY 2022/23 Budget: $71,363,977.53
Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 31
Menifee Mayor and City Council October 19, 2022

Page 857 of 919 ends

Amending the Fiscal Year 2022/23 General Fund Budget
2022 Christmas Tree Lighting Event
Item Title: 12.2
Christmas Tree Lighting Event Enhancements
Item Page Number: 32
Menifee Mayor and City Council October 19, 2022

Page 858 of 919 ends

CITY OF MENIFEE
SUBJECT: Pedestrian/Bike Path Connectivity Update
MEETING DATE: October 19, 2022
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Receive presentation and program updates from staff.

DISCUSSION
The City Council has requested an update on the various transportation and connectivity projects that support, expand, and enhance pedestrian and bike path opportunities throughout the City.

This presentation is being provided to educate the public on current City projects that serve to provide these types of multimodal options.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with this item.

ATTACHMENTS

1. Proposed ATP Project Location Map

2. Completed ATP Project Location Map

3. Project Funding Opportunities
Item Title: 12.3 Pedestrian/Bike Path Connectivity Update Item Page Number: 1
Menifee Mayor and City Council October 19, 2022

Page 859 of 919 ends

Lane
Bike
Normandy
Rd Ped.

Imp.

Sun City
Ped. Imp.

Lazy Creek
Ped. Imp.

La Piedra
Rd Ped.

Imp.
3rd St.

Road and
Ped. Imp.

Holland
Road
Overpass.

Paloma
Wash Ped.

Bridge
Item Title: 12.3 Pedestrian/Bike Path Connectivity Update Item Page Number: 2
Menifee Mayor and City Council October 19, 2022

Page 860 of 919 ends

Lane
Bike
Sherman
Rd.

Sidewalk
Imp.

Holland Rd.

Sidewalk
Imp.

Antelope
Rd. SRTS
Adams Ave.

Road Imp
Goetz Rd.

Sidewalk
Imp.

Sun City
Blvd. ADA
Imp.

Newport
Rd.

Sidewalk
Imp.

Scott Rd.
/Menifee Rd
Sidewalk
Imp.

McCall
Blvd.

Sidewalk
Imp.

Paloma
Wash Trail
Imp.

Menifee
Rd.

Sidewalk
Imp.

Item Title: 12.3 Pedestrian/Bike Path Connectivity Update Item Page Number: 3
Menifee Mayor and City Council October 19, 2022

Page 861 of 919 ends

Pursuit of Funding Opportunities Lane Bike
ATP Project Grant Applications
Project Name Grant Program Amount
Requested
*Local Roadway Safety Plan CTC Allocation $90,000
*Complete Streets Plan CA Sustainable Transportation Planning Grant $221,325 *Paloma Wash Trail Improvements SB 821 Bicycle and Pedestrian Facilities $499,765 *Lazy Creek Pedestrian Project SB 821 Bicycle and Pedestrian Facilities $88,381 *Sun City Pedestrian Project SB 821 Bicycle and Pedestrian Facilities $183,886 *La Piedra Road Active Transportation SB 821 Bicycle and Pedestrian Facilities $223,105 *Scott Road/Menifee Road Sidewalk Project SB 821 Bicycle and Pedestrian Facilities $183,263 *Citywide ADA improvements at Traffic Signals HSIP Cycle 8 $936,700 Harvest Valley Safe Routes to School Active Transportation Program Cycle 6 $4,354,356 Romoland Elementary Safe Routes to School Active Transportation Program Cycle 6 $4,879,617 Murrieta Road Pedestrian Safety Improvements Safe Streets and Roads for All $6,104,848 *Awarded
Pending
Award
Results
Item Title: 12.3 Pedestrian/Bike Path Connectivity Update Item Page Number: 4
Menifee Mayor and City Council October 19, 2022

Page 862 of 919 ends

CITY OF MENIFEE
SUBJECT: City Facilities Development Update
MEETING DATE: October 19, 2022
TO: Mayor and City Council
PREPARED BY: Rebekah Kramer, Management Analyst
REVIEWED BY: Rochelle Clayton, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Receive and file a city facilities development update report.

DISCUSSION
Since incorporation in 2008, the City of Menifee has grown by 70 percent and is currently the fifth fastest gowning city in California. Menifee has a population of over 105,000 people and it is expected that number will increase to 150,000 residents within the next 24 years. To keep pace with the population growth and enhance municipal services in our community, the City established a Police Department in July 2020 and has significantly increased the number of personnel serving the community in all departments.

During the course of the last ten years, 81 percent of the City’s capital budget, totaling over $141 million, has been allocated to transportation related projects including streets, traffic signals, and street light improvements. While the City’s transportation infrastructure remains an important part of the City’s Capital Improvement Program (CIP), it is equally important for the City to begin to take a comprehensive look at the City’s facility needs, making the long-term investments required to support City operations and services to residents well into the future. With the level of growth that is projected for the next two decades it is clear that the City’s existing facilities are not adequate to meet the City’s long-term needs. In addition to the operational space requirements, there is also a need to add more recreational facilities to serve the needs of Menifee residents.

Recreational Facilities
The Parks Master Plan update is currently underway and will guide the City in determining the need for and placement of parks, trails, and recreational facilities. Community Services Department staff will present the plan for adoption by the Mayor and City Council in early 2023 after receiving input from the community through a series of stakeholder meetings, surveys, and commission and council workshops. As identified in the adopted five-year CIP, a Community Item Title: 12.4
City Facilities Development Update
Item Page Number: 1
Menifee Mayor and City Council October 19, 2022

Page 863 of 919 ends

City of Menifee Staff Report
Facilities Development Strategy Update
October 19, 2022

Page 2 of 4 ends

Center is planned for the 2.32 acres of land located on La Piedra Road, adjacent to the Menifee public library, that was transferred to the City from the County of Riverside this year (CIP 23-10).

The design and amenities incorporated in the planned community center will be developed based upon the Parks Master Plan and available funding.

Fire Stations
Fire Department staff are working to develop a fire services strategic plan that will establish a long-term strategy to support fire services. The strategic plan is scheduled for completion at the end of the calendar year. Once completed, this plan will assist the City in determining the need for and distribution of fire stations, personnel, and equipment required to support fire services based upon the City’s population and demand for services. This could include a new fire station and/or expansion of existing fire stations. The construction of the new Fire Station No. 5, located in Quail Valley, is scheduled for completion by the end of December 2023 (CIP 21-04) and the expansion and interior improvements to Fire Station No. 68 including remodeling the existing dormitory areas and bathrooms to support additional personnel are scheduled for completion by January 2023 (CIP 21-03).

City Hall, Police Station, and Public Works Maintenance Operations Center The City owned Public Works Maintenance Operations Center (MOC) located on Bradley Road is not large enough to adequately support the operational needs of the City’s fleet and public works operations and maintenance divisions. Furthermore, the City Hall and Police Department operations are currently located in leased space that is not sufficient to support each of these operational units based upon the City’s growth projections. The City has a ten-year lease on the property housing City Hall operations located within the Haun Medical Campus that extends through March 14, 2029. There is a second lease for office space within the same complex that extends to May 2027 with an optional five-year extension. Together these two locations encompass close to 27,000 square feet of space at an average lease cost of just under $900,0000 annually. The City holds three leases on the properties housing the police department operations including two for the police headquarters located on Haun Road and the substation located on Bradley Road with varying lease terms. Collectively, these three facilities provide close to 20,000 square feet of space at an average cost of just over $220,000 per year. As the City approaches the end of the term for the current lease agreements for each of these facilities, there is a need to find longer term solutions to support City operations and meet the service needs of our growing community.

The City currently owns property in multiple locations able to accommodate the construction of new permanent buildings needed to house City operations. The locations include the anticipated site of the future City Hall/Civic Center located on Town Center Drive and City Hall Drive and the property at Bradley Road and Cherry Hills Boulevard, adjacent to Fire Station 7, that could support the Police Station and Public Works MOC. As identified in the strategic plan, staff worked with an architectural firm this year to assess the current and future operational space needs for city hall, the police station, and the public works MOC (attached). These assessments provide an analysis of the maximum space requirements anticipated for each of these facilities based upon the City’s growth projections for the next two decades, considered in relation to the size of the City owned properties capable of supporting the specified City services. This information was used to confirm that the projected size of each facility could be accommodated on the identified properties. It is important to note that these assessments were prepared as a starting point in the Item Title: 12.4
City Facilities Development Update
Item Page Number: 2
Menifee Mayor and City Council October 19, 2022

Page 864 of 919 ends

City of Menifee Staff Report
Facilities Development Strategy Update
October 19, 2022

Page 3 of 4 ends

facility development process. The ultimate size, layout, and design elements for each facility will be developed as the City moves closer to facility construction based upon established priorities and available resources identified through the creation of the five-year strategic plan and CIP budget.

The design and construction of the Civic Center parking lot located at Town Center Drive and City Hall Drive was included in the adopted capital improvement program budget (CIP 22-24) with project funding allocated in fiscal year 2021/2022. This parking lot will serve the future City Hall/Civic Center as well as Central Park and the future amphitheater (CIP 19-15). The design plan for the parking lot is 30 percent complete, with construction scheduled to begin in the spring of 2023.

Next Steps
Each of the City’s facility development projects will require significant investments in terms of human and financial capital. In August of this year, the City engaged a financial advisory firm (Urban Futures), to aid the City in evaluating available financing options and begin to develop a financing plan to support the City’s public facility infrastructure needs. This comprehensive analysis will be shared with the Mayor and City Council in the coming year as the City embarks on the development of a long-term vision and five-year strategic plan in combination with the creation of the City’s operating and CIP budgets. Given the cost and complexity of the City’s facility development projects, careful consideration will need to be given to the timing of each project. The analysis prepared by the City’s financial advisory firm will assist the Mayor and City Council in prioritizing projects in relation to current and future needs, considered in combination with available resources.

After reviewing other large scale facility development projects managed by other cities/counties during the course of the last 10-15 years and the challenges they have faced, staff have identified the importance of designating an owner's representative/program manager capable of managing complex facility development projects from beginning to end. Given the number of projects currently being managed by staff in the Public Works Engineering Division staff sees the need to engage a consultant to serve as the City’s owner’s representative to manage the largest of the facility projects under consideration at this time including the City Hall/Civic Center, Police Station, and Public Works MOC. It is important to have an experienced owner’s representative in place early in the process to ensure that City has a qualified representative able to perform all requisite services related to managing each project through planning, design, financing, permitting, and construction and assist the City in formulating and implementing strategies on how best to deliver each project. Given the limited duration and complexity of each project, staff believes that the City would be best served by engaging a third-party firm(s) with experience in facility design and construction to manage each of the identified projects. To this end, a request for proposal (RFP) for qualified firms to serve as the City’s owner’s representative/program manager is scheduled for release in October of this year. After review of the proposals received, staff would bring forward an agreement with the top firm(s) selected to serve as the owner’s representative for each of the identified projects for Mayor and City Council review and approval in early 2023.

STRATEGIC PLAN OBJECTIVE
Accessible and Interconnected Community
Item Title: 12.4
City Facilities Development Update
Item Page Number: 3
Menifee Mayor and City Council October 19, 2022

Page 865 of 919 ends

City of Menifee Staff Report
Facilities Development Strategy Update
October 19, 2022

Page 4 of 4 ends

FISCAL IMPACT
There is no fiscal impact associated with receiving this report.

ATTACHMENTS

1. City Hall Space Needs Assessment

2. Police Station and Public Works Maintenance Operations Center Space Needs Assessment Item Title: 12.4
City Facilities Development Update
Item Page Number: 4
Menifee Mayor and City Council October 19, 2022

Page 866 of 919 ends

MENIFEE CITY HALL

NEEDS ASSESSMENT REPORT
PREPARED BY: FERGUSON PAPE BALDWIN ARCHITECTS
August 26, 2022
Item Title: 12.4
City Facilities Development Update
Item Page Number: 5
Menifee Mayor and City Council October 19, 2022

Page 867 of 919 ends

Menifee City Hall Needs Assessment | FERGUSON PAPE BALDWIN ARCHITECTS 2

TABLE OF CONTENTS

EXECUTIVE SUMMARY

1.1 PROJECT BACKGROUND

1.2 PROJECT GOALS

1.3 SITE DESCRIPTION

1.4 SPACE PROGRAM SUMMARY

1.5 CONCEPT SUMMARY
SITE

2.1 SITE ANALYSIS

2.2 SITE PLANNING CONSIDERATIONS

2.2.1 BUILDING PLACEMENT AND MASSING

2.2.2 PARKING

2.3 SITE MAP

2.4 SITE CONCEPT DRAWINGS

SPACE PROGRAM

3.1 INTRODUCTION

3.2 HEADCOUNT/AREA SUMMARY

3.3 TYPICAL OFFICE AND CONFERENCE ROOM CONFIGURATIONS

3.4 STRATEGIC PLANNING

3.4.1 BUILDING LEVELS

3.4.2 COUNCIL CHAMBERS

3.4.3 ONE-STOP PERMITTING

3.4.4 CAFÉ

3.5 FULL OCCUPANCY STACKING PLAN

SUSTAINABILITY

4.1 SUSTAINABLE DESIGN CRITERIA

SUMMARY

5.1 PROJECT SUMMARY
1 2
3 4
5 PAGE 3
PAGE 5
PAGE 10
PAGE 25
PAGE 26
Item Title: 12.4
City Facilities Development Update
Item Page Number: 6
Menifee Mayor and City Council October 19, 2022

Page 868 of 919 ends

Menifee City Hall Needs Assessment | FERGUSON PAPE BALDWIN ARCHITECTS 3 1 EXECUTIVE SUMMARY

1.1 PROJECT BACKGROUND
The Needs Assessment goal is to gather and evaluate the City of Menifee’s facilities requirements by thoroughly interviewing, researching, and identifying optimum department requirements and strategic planning opportunities. The planned location of the new Menifee City Hall will be in the Menifee Town Center. With the rapidly growing population of Menifee, estimated to grow to 150,000 persons in the next 24 years, the current interim City Hall is undersized to house the staff required. The future City Hall will include, but not limited to the following: current City Hall departments, Community Services, Building Department for permitting, file storage, traffic monitoring, City Council Chambers with broadcasting capabilities, secure area for City vehicle parking, and a public Café operated by a 3rd party.

This report contains a conceptual site analysis including building orientation, connection to Central Park and future pedestrian bridge, and a parking analysis. Also included are building programming data with projected departmental growth over the next 24 years, detailed information to support planning recommendations, and departmental adjacencies/stacking plans.

1.2 PROJECT GOALS
The primary goals for the Menifee City Hall are as follows:

1. Determine current building size requirements and plan for the growth needed to support the City over the next 24 years.

2. Provide conceptual site layout to validate the functionality of the deeded site in Menifee Town Center.

3. Provide strategic planning for leasing opportunities of Café space.

4. Determine space required for general parking and secured parking of City vehicles.

5. Determine parking strategy - on grade or structured parking.

6. Plan optimum department adjacencies for all building floors.

7. Sustainable design for the New City Hall with LEED certification.

1.3 SITE DESCRIPTION
The site for the Menifee City Hall is located in the Menifee Town Center, ¼” mile west of I-215, PM 36299- 1 parcel 20, under the Town Center specific plan. The site is 5.27 acres surrounded to the north by a hotel development, to the east is the Paloma Wash Trail and drainage channel, to the southeast is the Central Park location, to the south a recreation center development and west is the Town Center Drive with further commercial and residential developments.

Item Title: 12.4
City Facilities Development Update
Item Page Number: 7
Menifee Mayor and City Council October 19, 2022

Page 869 of 919 ends

Menifee City Hall Needs Assessment | FERGUSON PAPE BALDWIN ARCHITECTS 4

1.4 SPACE PROGRAM SUMMARY
The space program for the Menifee City Hall was developed through a series of interviews with the following department leaders:

Armando G. Villa, City Manager
Rochelle Clayton, Assistant City Manager
Phil Southard, Public Information and Legislative Affairs Officer Gina Gonzalez, Economic Development Director
Cheryl Kitzerow, AICP, Community Development Director
Stephanie Roseen, Acting City Clerk
Jonathan Nicks, Community Services Director
Nicolas Fidler, Public Works Director
Regina Funderburk, Chief Financial Officer
Ron Puccinelli, Chief Information Officer
Robert Cardenas, Deputy Human Resources Director
Lonny Olson, Fire Chief
Sonya Bu, Fire Marshal
The interview sessions were organized to explore the current staff counts in each department and identify the needs at a 24-year look ahead.

1.5 CONCEPT SUMMARY
Based on an occupancy data analysis derived from the departmental interviews, we recommend a 66,000 Square Foot (SF), two-story building for the new Menifee City Hall (6,000 SF more than the allotted 60,000 SF noted in the land grant deed and 660 SF more than the allotted 65,340 SF noted in the Menifee Town Center Specific Plan Environmental Impact Report). This allows for future growth due to the rapidly growing City population. The building size fits comfortably on the 5.27 acre site deeded to the City in the Town Center development.

Surface parking at a 3/1000 SF ratio is provided on site with a secured area for City vehicles. The 66,000 SF building allows for a leasing opportunity, a 1,700 SF Café operated by a 3rd party that’s open to the public and is located strategically for easy access from the City Courthouse and adjacent residential development.

EXECUTIVE SUMMARY
Item Title: 12.4
City Facilities Development Update
Item Page Number: 8
Menifee Mayor and City Council October 19, 2022

Page 870 of 919 ends

Menifee City Hall Needs Assessment | FERGUSON PAPE BALDWIN ARCHITECTS 5 2 SITE

2.1 SITE ANALYSIS
The site for the Menifee City Hall is located in the Menifee Town Center, ¼” mile west of I-215, PM 36299- 1 parcel 20, under Town Center Specific Plan. The site is 5.27 acres surrounded by a hotel development to the north, the Paloma Wash Trail and a drainage channel to the east, Central Park and a recreation center development to the south and Town Center Drive to the west. The Menifee Town Center development will include commercial retail, an entertainment center with a movie theater, bowling alley and restaurant, a hotel, a medical office building, Riverside Superior Court House, Central Park, a private recreation center and multiple residential developments.

City Hall’s centralized site allows for prominent visibility within the development and connection to Central Park and the future pedestrian bridge.

Item Title: 12.4
City Facilities Development Update
Item Page Number: 9
Menifee Mayor and City Council October 19, 2022

Page 871 of 919 ends

Menifee City Hall Needs Assessment | FERGUSON PAPE BALDWIN ARCHITECTS 6

2.2 SITE PLANNING CONSIDERATIONS
Once the building size was determined the primary site related goals for the City of Menifee are to determine how the building interacts with the site and how parking will be achieved. The following site concept explores the building to street relationship, building scale, building access, and parking.

2.2.1 BUILDING PLACEMENT AND MASSING
The building is set prominently on the southwest corner of the site with the larger section of the building strategically placed on an east-west axis taking advantage of passive design strategies to control heat gain and loss. The building shape allows for a strong street presence at the main intersection of Town Center Drive and City Hall Dr., while allowing for a large open entry plaza leading to the building entrance. The building structure is located on the south side of the parcel, away from the north property line to provide vehicle access and maximize parking opportunities. The City Council Chambers is set back from the street and is located on the east side of the building to provide easy access from the parking lot.

The Town Center development contains buildings of varying size and height. A two-story structure is consistent with the adjacent recreation and residential developments providing consistency of scale and is our recommended option based on the overall building size and programmed adjacencies.

2.2.2 PARKING
Parking counts were determined by providing 3/1000 SF of building area, (52) event parking spaces and (51) spaces for secured City vehicle parking. These numbers were determined by standard parking requirements for office buildings, additional parking for the Council Chambers should not be necessary due to the typical Council Meeting times occurring after business hours. Additional parking for the special events and City vehicle storage is based on data collected during department interviews.

Due to the high cost of parking structures, the first approach was to determine if the site area allowed for surface parking in lieu of providing a parking structure. As shown in the Site Concept exhibit, this method is successful and maximizes the entire site area. To achieve this, general parking is provided on the east side of the site for easy connection to the park and pedestrian bridge, and on the south side of the site directly off City Hall Drive. Four points of access to the parking lot are provided for clear traffic flow and easy access to the secured City vehicle parking on the north side of the site.

This location provides easy access for City Staff to enter and exit the facility. Two site options for the entrance off Town Center Drive are provided in this report. Site Option 1 provides access to the City Hall site fully within the existing property lines. In order to achieve this, the driveway would be offset from the existing intersection. Site Option 2 centers the driveway within the existing intersection, but would require a Reciprocal Easement Agreement between the City Hall site and the adjacent Hotel.

Both concepts assume that City vehicle refueling is offsite and that the building area will not be larger than a two-story 66,000 SF building.

Vehicle charging stations shall be provided for both general and secured parking and optional photovoltaic structures are placed optimally throughout the parking lot for solar energy generation to assist in achieving sustainability goals and provide shaded parking.

SITE
Item Title: 12.4
City Facilities Development Update
Item Page Number: 10
Menifee Mayor and City Council October 19, 2022

Page 872 of 919 ends

Menifee City Hall Needs Assessment | FERGUSON PAPE BALDWIN ARCHITECTS 7 MENIFEE CITY

HALL SITE
SITE

2.3 SITE MAP
Item Title:&nbsp;12.4 City Facilities Development UpdateItem Page Number: 11 nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;October 19, 2022 





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00 SF)

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C I T Y O F M E N I F E E C I T Y H A L L T E S T F I T C I T Y O F M E N I F E E - C I T Y H A L L | S I T E C O N C E P T ( N O P O L I C E S TAT I O N ) S C A L E : 1 ” = 7 5 ’ - 0 ”
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C I T Y O F M E N I F E E - C I T Y H A L L | S I T E C O N C E P T O P T I O N 1

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65,948 GSF
198 STALLS
198 STALLS
53 Menifee City Hall Needs Assessment | FERGUSON PAPE BALDWIN ARCHITECTS 8 SITE 2.4 SITE CONCEPT DRAWINGS
251
Item Title:&nbsp;12.4 City Facilities Development UpdateItem Page Number: 12 p; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;October 19, 2022 





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D R I V E L A N E D O E S N OT E N C R O A C H U P O N H OT E L P R O P E R T Y

COUNCIL

CHAMBER
2-STORY

CITY OFFICES

BUILDING
00 SF)

RETAINAGE
BASIN

CITY HALL DRIVE

MENIFEE VE

TOWN CENTER DRIVE
PUBLIC
PARK

PEDESTRIAN BRIDGE

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(28 SPACES)

ENTRY PLAZA
(PUBLIC ARTWORK)
ADA

PARKING
PUBLIC

PARKING LOT
(300 SPACES)

PARK ACCESS
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C I T Y O F M E N I F E E C I T Y H A L L T E S T F I T C I T Y O F M E N I F E E - C I T Y H A L L | S I T E C O N C E P T ( N O P O L I C E S TAT I O N ) S C A L E : 1 ” = 7 5 ’ - 0 ”
N
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65,948 GSF
198 STALLS
198 STALLS
53 Menifee City Hall Needs Assessment | FERGUSON PAPE BALDWIN ARCHITECTS 9 SITE 2.4 SITE CONCEPT DRAWINGS
251
Item Title:&nbsp;12.4 City Facilities Development UpdateItem Page Number: 13 p; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;October 19, 2022 Menifee City Hall Needs Assessment | FERGUSON PAPE BALDWIN ARCHITECTS 10 3 SPACE PROGRAM

3.1 INTRODUCTION
The space program for the Menifee City Hall was developed through a series of interviews with Department Leaders. The Departments providing input included Community Development, Public Works, Fire, City Clerk, City Executives, Community Services, Economic Development, Information Technology, Human Resources and Finance. The interview sessions were organized by Department to explore the full range of space and functional needs for City Hall at a 24 year projection. Once the interviews were completed the data was analyzed and the Area/Headcount Summary document was revised from the previous version, issued September 13, 2017.

This information was reviewed multiple times by the same Department Leaders for accuracy, updated as necessary and serves as the basis for the Space Program included in this report. The 24-year occupancy projection is 65,948 SF . The following pages detail all department requirements.

Item Title: 12.4
City Facilities Development Update
Item Page Number: 14
Menifee Mayor and City Council October 19, 2022

Page 876 of 919 ends
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