City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada,District 2
Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, February 1, 2023
5:00 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Kay Vinson, Acting Clerk
CLOSED SESSION (5:00 PM)
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957(b)(1)):
Evaluation of City Attorney
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Rocky Stone – Sandals Church
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. City of Menifee App
5.2. Menifee Police Department Quarterly Update
5.3. Fire Department Quarterly Update
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES NONE
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 12/22/2022, the Payroll Register/Other EFTs dated 12/22/2022, 12/28/2022, 1/3/2022, and 1/6/2022 and the Void Check Listing PE 12/31/2022 which have a total budgetary impact of $4,322,200.92.
10.3 Treasurer's Report – October 2022
RECOMMENDED ACTION
1. Approve the Treasurer’s Report for October 2022.
10.4 Second Reading and Adoption of Ordinance Approving Change of Zone to expand the Economic Development Corridor Community Core to Scott Road, update the Business Park Description and Change the Permitted Use Table for Business Park and Economic Development Corridor
RECOMMENDED ACTION
1. Adopt an Ordinance approving Change of Zone No. PLN210405; a change to the Business Park land use description in Section 9.135.020 (Description and Intent of Zone); and a change to Table 9.135.0301 of the Development Code pertaining to general warehousing, guns and ammunition stores, manufacturing handcraft, manufacturing lightintensity and selfstorage facilities.
10.5 Approval of Purchase and Sale Agreement for Acquisition of Real Property RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Purchase and Sale Agreement for real property between Bank of America, National Association and the City of Menifee, for property located at 26800 Cherry Hills Blvd, Menifee, CA (APN 337310009) in an amount nottoexceed of $1.675M; and
2. Designate the City Manager to execute any agreements or documents required for the acquisition of real property (APN 337310009) including but not limited to escrow, broker fees, title, insurance, and formal bonding appraisal in a notto exceed amount of $40,000; and
3. Approve Phase I Tenant Capital Improvement Project budget of $500,000 for necessary improvements; and
4. Adopt a Budget Amendment Resolution (BAR) appropriating $2,215,000 in expenditures and revenues from American Rescue Plan (ARP) funds towards the purchase of the Bank of America property and related tenant improvements.
10.6 Agreement with NV5, Inc. for Design Services for the Murrieta Road Bridge Over Salt Creek Project, Capital Improvement Project No. 2301
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with NV5, Inc. in an amount nottoexceed $1,778,391 to conduct design, project management and supporting services for the Murrieta Road Bridge Over Salt Creek, Capital Improvement Project (CIP) No. 2301.
10.7 Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement (PSA) with KTU&A for the development of the City of Menifee Complete Streets Plan in an amount nottoexceed $244,349.19.
10.8 Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System RECOMMENDED ACTION
1. Approve the purchase of BRASSTRAX and MATCHPOINT Integrated Ballistic Identification System (IBIS) equipment, related software, and warranty with Forensic Technology, Inc., a member of the Ultra Group, under Menifee Municipal Code 3.12.070(A)(7) and (8), as a unique commodity, equipment, service obtained as a sole source purchase from Forensic Technology, Inc. a member of the Ultra Group; and
2. Authorize the City Manager, or his designee, to execute the required documents and the Finance Department to issue a corresponding Purchase Order (PO) for the purchase, and/or contract; and
3. Adopt a Budget Amendment Resolution appropriating $233,856 to the IT Fund (Fund 110) to specific expenditure accounts identified; and
4. Authorize the City Manager, or his designee, to execute the required documents and the Finance Department to issue a corresponding Purchase Order (PO) for BRASSTRAX and MATCHPOINT IBIS system for years 2 through 6, contingent on budget availability.
10.9 Agreement Amendment Extending Terms with Geocon West, Inc. for Materials Testing Services for the Romoland Grid Resurfacing Project RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Geocon West, Inc. for Materials Testing Services for the Romoland Grid Resurfacing Project, Capital Improvement Program (CIP) No. 2223, extending the terms of service through December 31, 2023.
10.10 Agreement Amendment with 4LEAF, Inc., for Professional Permit Technician Services and OnCall Building and Safety Plan Review Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement (PSA) with 4LEAF, Inc., to revise scope of work to include Oncall Building and Safety Plan Review services, increasing the Agreement by $78,100 for a total nottoexceed amount of $103,000.
10.11 PostRelease Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding
RECOMMENDED ACTION
1. Authorize the City Manager, or designee, to enter into a Memorandum of Understanding (MOU) with the County of Riverside, on behalf of its Probation Department and PostRelease Accountability and Compliance Team (PACT) for Public Safety Realignment.
10.12 Memorandum of Understanding with Menifee Valley Community Cupboard RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the Menifee Valley Community Cupboard (MVCC) to complete activities as required under the CalRecycle Edible Food Recovery Grant.
10.13 Notice of Completion and Acceptance for Potomac and Meadows Neighborhood Resurfacing Project, Pavement Management Project No. 2202 RECOMMENDED ACTION
1. Accept the improvements for the Potomac and Meadows Neighborhood Resurfacing Project, Pavement Management Project (PMP) No. 2202; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
10.14 Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36937, The Village, by Century Communities of California, LLC.
RECOMMENDED ACTION
1. Approve and authorize the filing of final map 36937, The Village, by Century Communities of California, LLC, at the southeast corner of Barnett Road and McLaughlin Road; and
2. Approve and authorize the City Manager to execute the Subdivision Improvement Agreement to guarantee completion of required public improvements associated with Tract Map 36937.
10.15 Acceptance of Public Improvements, Cortana Basin in Menifee Town Center, Parcel 22 of Parcel Map 362991, by Lennar Homes of California, Inc.
RECOMMENDED ACTION
1. Accept the public improvements of the Cortana Basin located within Parcel 22 of Parcel Map 362991 in Menifee Town Center, located south of Newport Road and west of Haun Road.
10.16 City Manager's Annual Performance Report for 2022 RECOMMENDED ACTION
1. Receive and file report.
11. PUBLIC HEARING ITEMS NONE
12. DISCUSSION ITEMS
12.1 Waste Management Senior Bill Assistance Program Review RECOMMENDED ACTION
1. Review Senior Bill Assistance Program and provide direction to staff regarding modification, extension, or continuation until funds are exhausted.
12.2 Consideration of Change to the Governance Structure RECOMMENDED ACTION
1. Review, discuss and provide staff direction regarding consideration of a change in the City’s governance structure; transitioning from four City Council districts with an atlarge, elected Mayor, to five City Council districts and a rotating Mayor.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> City Fine Structure for Illegal Fireworks (Sobek, July 20, 2022) Target Date: February 15, 2023
> Update on the Salt Creek Bike Trail (Sobek, Sept. 21, 2022) Target Date: February 15, 2023
> 2022 Education Summit Presentation (Sobek, Nov. 16, 2022) Target Date: March 15, 2023
> 2026 Semisesquicentennial Independence Celebration Event (Sobek, Sept. 21, 2022) Target Date: June 21, 2023
> Discussion on Creation of Historical Districts and Preservation of Rural Areas (Sobek, May 4, 2022) Target Date: TBD
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> Update on Development East of the City (Sobek, July 7, 2021) Target Date: TBD
> Review Graffiti Ordinance (Sobek, April 20, 2022)
Target Date: TBD
> Discussion on Menifee’s Sister City (Sobek, Sept. 21, 2022) Target Date: TBD
> Noise Concerns on Newport Corridor (Sobek, Sept. 21, 2022) Target Date: TBD
> Menifee Police Youth Driving Program (Liesemeyer, Oct. 19, 2022) Target Date: TBD
> Feasibility of Establishing a Volunteer Traffic Enforcement Unit (Karwin, Nov. 16, 2022) Target Date: TBD
> Creation of a Business Incentive District (Zimmerman, Nov. 16, 2022) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
February 1, 2023
Page
1 of 454
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada,District 2
Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, February 1, 2023
5:00 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Kay Vinson, Acting Clerk
CLOSED SESSION (5:00 PM)
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957(b)(1)):
Evaluation of City Attorney
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Rocky Stone – Sandals Church
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. City of Menifee App
5.2. Menifee Police Department Quarterly Update
5.3. Fire Department Quarterly Update
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES NONE
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 12/22/2022, the Payroll Register/Other EFTs dated 12/22/2022, 12/28/2022, 1/3/2022, and 1/6/2022 and the Void Check Listing PE 12/31/2022 which have a total budgetary impact of $4,322,200.92.
10.3 Treasurer's Report – October 2022
RECOMMENDED ACTION
1. Approve the Treasurer’s Report for October 2022.
10.4 Second Reading and Adoption of Ordinance Approving Change of Zone to expand the Economic Development Corridor Community Core to Scott Road, update the Business Park Description and Change the Permitted Use Table for Business Park and Economic Development Corridor
RECOMMENDED ACTION
1. Adopt an Ordinance approving Change of Zone No. PLN210405; a change to the Business Park land use description in Section 9.135.020 (Description and Intent of Zone); and a change to Table 9.135.0301 of the Development Code pertaining to general warehousing, guns and ammunition stores, manufacturing handcraft, manufacturing lightintensity and selfstorage facilities.
10.5 Approval of Purchase and Sale Agreement for Acquisition of Real Property RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Purchase and Sale Agreement for real property between Bank of America, National Association and the City of Menifee, for property located at 26800 Cherry Hills Blvd, Menifee, CA (APN 337310009) in an amount nottoexceed of $1.675M; and
2. Designate the City Manager to execute any agreements or documents required for the acquisition of real property (APN 337310009) including but not limited to escrow, broker fees, title, insurance, and formal bonding appraisal in a notto exceed amount of $40,000; and
3. Approve Phase I Tenant Capital Improvement Project budget of $500,000 for necessary improvements; and
4. Adopt a Budget Amendment Resolution (BAR) appropriating $2,215,000 in expenditures and revenues from American Rescue Plan (ARP) funds towards the purchase of the Bank of America property and related tenant improvements.
10.6 Agreement with NV5, Inc. for Design Services for the Murrieta Road Bridge Over Salt Creek Project, Capital Improvement Project No. 2301
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with NV5, Inc. in an amount nottoexceed $1,778,391 to conduct design, project management and supporting services for the Murrieta Road Bridge Over Salt Creek, Capital Improvement Project (CIP) No. 2301.
10.7 Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement (PSA) with KTU&A for the development of the City of Menifee Complete Streets Plan in an amount nottoexceed $244,349.19.
10.8 Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System RECOMMENDED ACTION
1. Approve the purchase of BRASSTRAX and MATCHPOINT Integrated Ballistic Identification System (IBIS) equipment, related software, and warranty with Forensic Technology, Inc., a member of the Ultra Group, under Menifee Municipal Code 3.12.070(A)(7) and (8), as a unique commodity, equipment, service obtained as a sole source purchase from Forensic Technology, Inc. a member of the Ultra Group; and
2. Authorize the City Manager, or his designee, to execute the required documents and the Finance Department to issue a corresponding Purchase Order (PO) for the purchase, and/or contract; and
3. Adopt a Budget Amendment Resolution appropriating $233,856 to the IT Fund (Fund 110) to specific expenditure accounts identified; and
4. Authorize the City Manager, or his designee, to execute the required documents and the Finance Department to issue a corresponding Purchase Order (PO) for BRASSTRAX and MATCHPOINT IBIS system for years 2 through 6, contingent on budget availability.
10.9 Agreement Amendment Extending Terms with Geocon West, Inc. for Materials Testing Services for the Romoland Grid Resurfacing Project RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Geocon West, Inc. for Materials Testing Services for the Romoland Grid Resurfacing Project, Capital Improvement Program (CIP) No. 2223, extending the terms of service through December 31, 2023.
10.10 Agreement Amendment with 4LEAF, Inc., for Professional Permit Technician Services and OnCall Building and Safety Plan Review Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement (PSA) with 4LEAF, Inc., to revise scope of work to include Oncall Building and Safety Plan Review services, increasing the Agreement by $78,100 for a total nottoexceed amount of $103,000.
10.11 PostRelease Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding
RECOMMENDED ACTION
1. Authorize the City Manager, or designee, to enter into a Memorandum of Understanding (MOU) with the County of Riverside, on behalf of its Probation Department and PostRelease Accountability and Compliance Team (PACT) for Public Safety Realignment.
10.12 Memorandum of Understanding with Menifee Valley Community Cupboard RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the Menifee Valley Community Cupboard (MVCC) to complete activities as required under the CalRecycle Edible Food Recovery Grant.
10.13 Notice of Completion and Acceptance for Potomac and Meadows Neighborhood Resurfacing Project, Pavement Management Project No. 2202 RECOMMENDED ACTION
1. Accept the improvements for the Potomac and Meadows Neighborhood Resurfacing Project, Pavement Management Project (PMP) No. 2202; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
10.14 Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36937, The Village, by Century Communities of California, LLC.
RECOMMENDED ACTION
1. Approve and authorize the filing of final map 36937, The Village, by Century Communities of California, LLC, at the southeast corner of Barnett Road and McLaughlin Road; and
2. Approve and authorize the City Manager to execute the Subdivision Improvement Agreement to guarantee completion of required public improvements associated with Tract Map 36937.
10.15 Acceptance of Public Improvements, Cortana Basin in Menifee Town Center, Parcel 22 of Parcel Map 362991, by Lennar Homes of California, Inc.
RECOMMENDED ACTION
1. Accept the public improvements of the Cortana Basin located within Parcel 22 of Parcel Map 362991 in Menifee Town Center, located south of Newport Road and west of Haun Road.
10.16 City Manager's Annual Performance Report for 2022 RECOMMENDED ACTION
1. Receive and file report.
11. PUBLIC HEARING ITEMS NONE
12. DISCUSSION ITEMS
12.1 Waste Management Senior Bill Assistance Program Review RECOMMENDED ACTION
1. Review Senior Bill Assistance Program and provide direction to staff regarding modification, extension, or continuation until funds are exhausted.
12.2 Consideration of Change to the Governance Structure RECOMMENDED ACTION
1. Review, discuss and provide staff direction regarding consideration of a change in the City’s governance structure; transitioning from four City Council districts with an atlarge, elected Mayor, to five City Council districts and a rotating Mayor.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> City Fine Structure for Illegal Fireworks (Sobek, July 20, 2022) Target Date: February 15, 2023
> Update on the Salt Creek Bike Trail (Sobek, Sept. 21, 2022) Target Date: February 15, 2023
> 2022 Education Summit Presentation (Sobek, Nov. 16, 2022) Target Date: March 15, 2023
> 2026 Semisesquicentennial Independence Celebration Event (Sobek, Sept. 21, 2022) Target Date: June 21, 2023
> Discussion on Creation of Historical Districts and Preservation of Rural Areas (Sobek, May 4, 2022) Target Date: TBD
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> Update on Development East of the City (Sobek, July 7, 2021) Target Date: TBD
> Review Graffiti Ordinance (Sobek, April 20, 2022)
Target Date: TBD
> Discussion on Menifee’s Sister City (Sobek, Sept. 21, 2022) Target Date: TBD
> Noise Concerns on Newport Corridor (Sobek, Sept. 21, 2022) Target Date: TBD
> Menifee Police Youth Driving Program (Liesemeyer, Oct. 19, 2022) Target Date: TBD
> Feasibility of Establishing a Volunteer Traffic Enforcement Unit (Karwin, Nov. 16, 2022) Target Date: TBD
> Creation of a Business Incentive District (Zimmerman, Nov. 16, 2022) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
February 1, 2023
Page
2 of 454
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada,District 2
Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, February 1, 2023
5:00 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Kay Vinson, Acting Clerk
CLOSED SESSION (5:00 PM)
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957(b)(1)):
Evaluation of City Attorney
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Rocky Stone – Sandals Church
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. City of Menifee App
5.2. Menifee Police Department Quarterly Update
5.3. Fire Department Quarterly Update
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES NONE
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 12/22/2022, the Payroll Register/Other EFTs dated 12/22/2022, 12/28/2022, 1/3/2022, and 1/6/2022 and the Void Check Listing PE 12/31/2022 which have a total budgetary impact of $4,322,200.92.
10.3 Treasurer's Report – October 2022
RECOMMENDED ACTION
1. Approve the Treasurer’s Report for October 2022.
10.4 Second Reading and Adoption of Ordinance Approving Change of Zone to expand the Economic Development Corridor Community Core to Scott Road, update the Business Park Description and Change the Permitted Use Table for Business Park and Economic Development Corridor
RECOMMENDED ACTION
1. Adopt an Ordinance approving Change of Zone No. PLN210405; a change to the Business Park land use description in Section 9.135.020 (Description and Intent of Zone); and a change to Table 9.135.0301 of the Development Code pertaining to general warehousing, guns and ammunition stores, manufacturing handcraft, manufacturing lightintensity and selfstorage facilities.
10.5 Approval of Purchase and Sale Agreement for Acquisition of Real Property RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Purchase and Sale Agreement for real property between Bank of America, National Association and the City of Menifee, for property located at 26800 Cherry Hills Blvd, Menifee, CA (APN 337310009) in an amount nottoexceed of $1.675M; and
2. Designate the City Manager to execute any agreements or documents required for the acquisition of real property (APN 337310009) including but not limited to escrow, broker fees, title, insurance, and formal bonding appraisal in a notto exceed amount of $40,000; and
3. Approve Phase I Tenant Capital Improvement Project budget of $500,000 for necessary improvements; and
4. Adopt a Budget Amendment Resolution (BAR) appropriating $2,215,000 in expenditures and revenues from American Rescue Plan (ARP) funds towards the purchase of the Bank of America property and related tenant improvements.
10.6 Agreement with NV5, Inc. for Design Services for the Murrieta Road Bridge Over Salt Creek Project, Capital Improvement Project No. 2301
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with NV5, Inc. in an amount nottoexceed $1,778,391 to conduct design, project management and supporting services for the Murrieta Road Bridge Over Salt Creek, Capital Improvement Project (CIP) No. 2301.
10.7 Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement (PSA) with KTU&A for the development of the City of Menifee Complete Streets Plan in an amount nottoexceed $244,349.19.
10.8 Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System RECOMMENDED ACTION
1. Approve the purchase of BRASSTRAX and MATCHPOINT Integrated Ballistic Identification System (IBIS) equipment, related software, and warranty with Forensic Technology, Inc., a member of the Ultra Group, under Menifee Municipal Code 3.12.070(A)(7) and (8), as a unique commodity, equipment, service obtained as a sole source purchase from Forensic Technology, Inc. a member of the Ultra Group; and
2. Authorize the City Manager, or his designee, to execute the required documents and the Finance Department to issue a corresponding Purchase Order (PO) for the purchase, and/or contract; and
3. Adopt a Budget Amendment Resolution appropriating $233,856 to the IT Fund (Fund 110) to specific expenditure accounts identified; and
4. Authorize the City Manager, or his designee, to execute the required documents and the Finance Department to issue a corresponding Purchase Order (PO) for BRASSTRAX and MATCHPOINT IBIS system for years 2 through 6, contingent on budget availability.
10.9 Agreement Amendment Extending Terms with Geocon West, Inc. for Materials Testing Services for the Romoland Grid Resurfacing Project RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Geocon West, Inc. for Materials Testing Services for the Romoland Grid Resurfacing Project, Capital Improvement Program (CIP) No. 2223, extending the terms of service through December 31, 2023.
10.10 Agreement Amendment with 4LEAF, Inc., for Professional Permit Technician Services and OnCall Building and Safety Plan Review Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement (PSA) with 4LEAF, Inc., to revise scope of work to include Oncall Building and Safety Plan Review services, increasing the Agreement by $78,100 for a total nottoexceed amount of $103,000.
10.11 PostRelease Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding
RECOMMENDED ACTION
1. Authorize the City Manager, or designee, to enter into a Memorandum of Understanding (MOU) with the County of Riverside, on behalf of its Probation Department and PostRelease Accountability and Compliance Team (PACT) for Public Safety Realignment.
10.12 Memorandum of Understanding with Menifee Valley Community Cupboard RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the Menifee Valley Community Cupboard (MVCC) to complete activities as required under the CalRecycle Edible Food Recovery Grant.
10.13 Notice of Completion and Acceptance for Potomac and Meadows Neighborhood Resurfacing Project, Pavement Management Project No. 2202 RECOMMENDED ACTION
1. Accept the improvements for the Potomac and Meadows Neighborhood Resurfacing Project, Pavement Management Project (PMP) No. 2202; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
10.14 Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36937, The Village, by Century Communities of California, LLC.
RECOMMENDED ACTION
1. Approve and authorize the filing of final map 36937, The Village, by Century Communities of California, LLC, at the southeast corner of Barnett Road and McLaughlin Road; and
2. Approve and authorize the City Manager to execute the Subdivision Improvement Agreement to guarantee completion of required public improvements associated with Tract Map 36937.
10.15 Acceptance of Public Improvements, Cortana Basin in Menifee Town Center, Parcel 22 of Parcel Map 362991, by Lennar Homes of California, Inc.
RECOMMENDED ACTION
1. Accept the public improvements of the Cortana Basin located within Parcel 22 of Parcel Map 362991 in Menifee Town Center, located south of Newport Road and west of Haun Road.
10.16 City Manager's Annual Performance Report for 2022 RECOMMENDED ACTION
1. Receive and file report.
11. PUBLIC HEARING ITEMS NONE
12. DISCUSSION ITEMS
12.1 Waste Management Senior Bill Assistance Program Review RECOMMENDED ACTION
1. Review Senior Bill Assistance Program and provide direction to staff regarding modification, extension, or continuation until funds are exhausted.
12.2 Consideration of Change to the Governance Structure RECOMMENDED ACTION
1. Review, discuss and provide staff direction regarding consideration of a change in the City’s governance structure; transitioning from four City Council districts with an atlarge, elected Mayor, to five City Council districts and a rotating Mayor.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> City Fine Structure for Illegal Fireworks (Sobek, July 20, 2022) Target Date: February 15, 2023
> Update on the Salt Creek Bike Trail (Sobek, Sept. 21, 2022) Target Date: February 15, 2023
> 2022 Education Summit Presentation (Sobek, Nov. 16, 2022) Target Date: March 15, 2023
> 2026 Semisesquicentennial Independence Celebration Event (Sobek, Sept. 21, 2022) Target Date: June 21, 2023
> Discussion on Creation of Historical Districts and Preservation of Rural Areas (Sobek, May 4, 2022) Target Date: TBD
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> Update on Development East of the City (Sobek, July 7, 2021) Target Date: TBD
> Review Graffiti Ordinance (Sobek, April 20, 2022)
Target Date: TBD
> Discussion on Menifee’s Sister City (Sobek, Sept. 21, 2022) Target Date: TBD
> Noise Concerns on Newport Corridor (Sobek, Sept. 21, 2022) Target Date: TBD
> Menifee Police Youth Driving Program (Liesemeyer, Oct. 19, 2022) Target Date: TBD
> Feasibility of Establishing a Volunteer Traffic Enforcement Unit (Karwin, Nov. 16, 2022) Target Date: TBD
> Creation of a Business Incentive District (Zimmerman, Nov. 16, 2022) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
February 1, 2023
Page
3 of 454
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada,District 2
Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, February 1, 2023
5:00 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Kay Vinson, Acting Clerk
CLOSED SESSION (5:00 PM)
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957(b)(1)):
Evaluation of City Attorney
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Rocky Stone – Sandals Church
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. City of Menifee App
5.2. Menifee Police Department Quarterly Update
5.3. Fire Department Quarterly Update
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES NONE
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 12/22/2022, the Payroll Register/Other EFTs dated 12/22/2022, 12/28/2022, 1/3/2022, and 1/6/2022 and the Void Check Listing PE 12/31/2022 which have a total budgetary impact of $4,322,200.92.
10.3 Treasurer's Report – October 2022
RECOMMENDED ACTION
1. Approve the Treasurer’s Report for October 2022.
10.4 Second Reading and Adoption of Ordinance Approving Change of Zone to expand the Economic Development Corridor Community Core to Scott Road, update the Business Park Description and Change the Permitted Use Table for Business Park and Economic Development Corridor
RECOMMENDED ACTION
1. Adopt an Ordinance approving Change of Zone No. PLN210405; a change to the Business Park land use description in Section 9.135.020 (Description and Intent of Zone); and a change to Table 9.135.0301 of the Development Code pertaining to general warehousing, guns and ammunition stores, manufacturing handcraft, manufacturing lightintensity and selfstorage facilities.
10.5 Approval of Purchase and Sale Agreement for Acquisition of Real Property RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Purchase and Sale Agreement for real property between Bank of America, National Association and the City of Menifee, for property located at 26800 Cherry Hills Blvd, Menifee, CA (APN 337310009) in an amount nottoexceed of $1.675M; and
2. Designate the City Manager to execute any agreements or documents required for the acquisition of real property (APN 337310009) including but not limited to escrow, broker fees, title, insurance, and formal bonding appraisal in a notto exceed amount of $40,000; and
3. Approve Phase I Tenant Capital Improvement Project budget of $500,000 for necessary improvements; and
4. Adopt a Budget Amendment Resolution (BAR) appropriating $2,215,000 in expenditures and revenues from American Rescue Plan (ARP) funds towards the purchase of the Bank of America property and related tenant improvements.
10.6 Agreement with NV5, Inc. for Design Services for the Murrieta Road Bridge Over Salt Creek Project, Capital Improvement Project No. 2301
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with NV5, Inc. in an amount nottoexceed $1,778,391 to conduct design, project management and supporting services for the Murrieta Road Bridge Over Salt Creek, Capital Improvement Project (CIP) No. 2301.
10.7 Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement (PSA) with KTU&A for the development of the City of Menifee Complete Streets Plan in an amount nottoexceed $244,349.19.
10.8 Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System RECOMMENDED ACTION
1. Approve the purchase of BRASSTRAX and MATCHPOINT Integrated Ballistic Identification System (IBIS) equipment, related software, and warranty with Forensic Technology, Inc., a member of the Ultra Group, under Menifee Municipal Code 3.12.070(A)(7) and (8), as a unique commodity, equipment, service obtained as a sole source purchase from Forensic Technology, Inc. a member of the Ultra Group; and
2. Authorize the City Manager, or his designee, to execute the required documents and the Finance Department to issue a corresponding Purchase Order (PO) for the purchase, and/or contract; and
3. Adopt a Budget Amendment Resolution appropriating $233,856 to the IT Fund (Fund 110) to specific expenditure accounts identified; and
4. Authorize the City Manager, or his designee, to execute the required documents and the Finance Department to issue a corresponding Purchase Order (PO) for BRASSTRAX and MATCHPOINT IBIS system for years 2 through 6, contingent on budget availability.
10.9 Agreement Amendment Extending Terms with Geocon West, Inc. for Materials Testing Services for the Romoland Grid Resurfacing Project RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Geocon West, Inc. for Materials Testing Services for the Romoland Grid Resurfacing Project, Capital Improvement Program (CIP) No. 2223, extending the terms of service through December 31, 2023.
10.10 Agreement Amendment with 4LEAF, Inc., for Professional Permit Technician Services and OnCall Building and Safety Plan Review Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement (PSA) with 4LEAF, Inc., to revise scope of work to include Oncall Building and Safety Plan Review services, increasing the Agreement by $78,100 for a total nottoexceed amount of $103,000.
10.11 PostRelease Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding
RECOMMENDED ACTION
1. Authorize the City Manager, or designee, to enter into a Memorandum of Understanding (MOU) with the County of Riverside, on behalf of its Probation Department and PostRelease Accountability and Compliance Team (PACT) for Public Safety Realignment.
10.12 Memorandum of Understanding with Menifee Valley Community Cupboard RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the Menifee Valley Community Cupboard (MVCC) to complete activities as required under the CalRecycle Edible Food Recovery Grant.
10.13 Notice of Completion and Acceptance for Potomac and Meadows Neighborhood Resurfacing Project, Pavement Management Project No. 2202 RECOMMENDED ACTION
1. Accept the improvements for the Potomac and Meadows Neighborhood Resurfacing Project, Pavement Management Project (PMP) No. 2202; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
10.14 Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36937, The Village, by Century Communities of California, LLC.
RECOMMENDED ACTION
1. Approve and authorize the filing of final map 36937, The Village, by Century Communities of California, LLC, at the southeast corner of Barnett Road and McLaughlin Road; and
2. Approve and authorize the City Manager to execute the Subdivision Improvement Agreement to guarantee completion of required public improvements associated with Tract Map 36937.
10.15 Acceptance of Public Improvements, Cortana Basin in Menifee Town Center, Parcel 22 of Parcel Map 362991, by Lennar Homes of California, Inc.
RECOMMENDED ACTION
1. Accept the public improvements of the Cortana Basin located within Parcel 22 of Parcel Map 362991 in Menifee Town Center, located south of Newport Road and west of Haun Road.
10.16 City Manager's Annual Performance Report for 2022 RECOMMENDED ACTION
1. Receive and file report.
11. PUBLIC HEARING ITEMS NONE
12. DISCUSSION ITEMS
12.1 Waste Management Senior Bill Assistance Program Review RECOMMENDED ACTION
1. Review Senior Bill Assistance Program and provide direction to staff regarding modification, extension, or continuation until funds are exhausted.
12.2 Consideration of Change to the Governance Structure RECOMMENDED ACTION
1. Review, discuss and provide staff direction regarding consideration of a change in the City’s governance structure; transitioning from four City Council districts with an atlarge, elected Mayor, to five City Council districts and a rotating Mayor.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> City Fine Structure for Illegal Fireworks (Sobek, July 20, 2022) Target Date: February 15, 2023
> Update on the Salt Creek Bike Trail (Sobek, Sept. 21, 2022) Target Date: February 15, 2023
> 2022 Education Summit Presentation (Sobek, Nov. 16, 2022) Target Date: March 15, 2023
> 2026 Semisesquicentennial Independence Celebration Event (Sobek, Sept. 21, 2022) Target Date: June 21, 2023
> Discussion on Creation of Historical Districts and Preservation of Rural Areas (Sobek, May 4, 2022) Target Date: TBD
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> Update on Development East of the City (Sobek, July 7, 2021) Target Date: TBD
> Review Graffiti Ordinance (Sobek, April 20, 2022)
Target Date: TBD
> Discussion on Menifee’s Sister City (Sobek, Sept. 21, 2022) Target Date: TBD
> Noise Concerns on Newport Corridor (Sobek, Sept. 21, 2022) Target Date: TBD
> Menifee Police Youth Driving Program (Liesemeyer, Oct. 19, 2022) Target Date: TBD
> Feasibility of Establishing a Volunteer Traffic Enforcement Unit (Karwin, Nov. 16, 2022) Target Date: TBD
> Creation of a Business Incentive District (Zimmerman, Nov. 16, 2022) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
February 1, 2023
Page
4 of 454
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada,District 2
Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, February 1, 2023
5:00 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Kay Vinson, Acting Clerk
CLOSED SESSION (5:00 PM)
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957(b)(1)):
Evaluation of City Attorney
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Rocky Stone – Sandals Church
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. City of Menifee App
5.2. Menifee Police Department Quarterly Update
5.3. Fire Department Quarterly Update
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES NONE
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 12/22/2022, the Payroll Register/Other EFTs dated 12/22/2022, 12/28/2022, 1/3/2022, and 1/6/2022 and the Void Check Listing PE 12/31/2022 which have a total budgetary impact of $4,322,200.92.
10.3 Treasurer's Report – October 2022
RECOMMENDED ACTION
1. Approve the Treasurer’s Report for October 2022.
10.4 Second Reading and Adoption of Ordinance Approving Change of Zone to expand the Economic Development Corridor Community Core to Scott Road, update the Business Park Description and Change the Permitted Use Table for Business Park and Economic Development Corridor
RECOMMENDED ACTION
1. Adopt an Ordinance approving Change of Zone No. PLN210405; a change to the Business Park land use description in Section 9.135.020 (Description and Intent of Zone); and a change to Table 9.135.0301 of the Development Code pertaining to general warehousing, guns and ammunition stores, manufacturing handcraft, manufacturing lightintensity and selfstorage facilities.
10.5 Approval of Purchase and Sale Agreement for Acquisition of Real Property RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Purchase and Sale Agreement for real property between Bank of America, National Association and the City of Menifee, for property located at 26800 Cherry Hills Blvd, Menifee, CA (APN 337310009) in an amount nottoexceed of $1.675M; and
2. Designate the City Manager to execute any agreements or documents required for the acquisition of real property (APN 337310009) including but not limited to escrow, broker fees, title, insurance, and formal bonding appraisal in a notto exceed amount of $40,000; and
3. Approve Phase I Tenant Capital Improvement Project budget of $500,000 for necessary improvements; and
4. Adopt a Budget Amendment Resolution (BAR) appropriating $2,215,000 in expenditures and revenues from American Rescue Plan (ARP) funds towards the purchase of the Bank of America property and related tenant improvements.
10.6 Agreement with NV5, Inc. for Design Services for the Murrieta Road Bridge Over Salt Creek Project, Capital Improvement Project No. 2301
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with NV5, Inc. in an amount nottoexceed $1,778,391 to conduct design, project management and supporting services for the Murrieta Road Bridge Over Salt Creek, Capital Improvement Project (CIP) No. 2301.
10.7 Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement (PSA) with KTU&A for the development of the City of Menifee Complete Streets Plan in an amount nottoexceed $244,349.19.
10.8 Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System RECOMMENDED ACTION
1. Approve the purchase of BRASSTRAX and MATCHPOINT Integrated Ballistic Identification System (IBIS) equipment, related software, and warranty with Forensic Technology, Inc., a member of the Ultra Group, under Menifee Municipal Code 3.12.070(A)(7) and (8), as a unique commodity, equipment, service obtained as a sole source purchase from Forensic Technology, Inc. a member of the Ultra Group; and
2. Authorize the City Manager, or his designee, to execute the required documents and the Finance Department to issue a corresponding Purchase Order (PO) for the purchase, and/or contract; and
3. Adopt a Budget Amendment Resolution appropriating $233,856 to the IT Fund (Fund 110) to specific expenditure accounts identified; and
4. Authorize the City Manager, or his designee, to execute the required documents and the Finance Department to issue a corresponding Purchase Order (PO) for BRASSTRAX and MATCHPOINT IBIS system for years 2 through 6, contingent on budget availability.
10.9 Agreement Amendment Extending Terms with Geocon West, Inc. for Materials Testing Services for the Romoland Grid Resurfacing Project RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Geocon West, Inc. for Materials Testing Services for the Romoland Grid Resurfacing Project, Capital Improvement Program (CIP) No. 2223, extending the terms of service through December 31, 2023.
10.10 Agreement Amendment with 4LEAF, Inc., for Professional Permit Technician Services and OnCall Building and Safety Plan Review Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement (PSA) with 4LEAF, Inc., to revise scope of work to include Oncall Building and Safety Plan Review services, increasing the Agreement by $78,100 for a total nottoexceed amount of $103,000.
10.11 PostRelease Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding
RECOMMENDED ACTION
1. Authorize the City Manager, or designee, to enter into a Memorandum of Understanding (MOU) with the County of Riverside, on behalf of its Probation Department and PostRelease Accountability and Compliance Team (PACT) for Public Safety Realignment.
10.12 Memorandum of Understanding with Menifee Valley Community Cupboard RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the Menifee Valley Community Cupboard (MVCC) to complete activities as required under the CalRecycle Edible Food Recovery Grant.
10.13 Notice of Completion and Acceptance for Potomac and Meadows Neighborhood Resurfacing Project, Pavement Management Project No. 2202 RECOMMENDED ACTION
1. Accept the improvements for the Potomac and Meadows Neighborhood Resurfacing Project, Pavement Management Project (PMP) No. 2202; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
10.14 Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36937, The Village, by Century Communities of California, LLC.
RECOMMENDED ACTION
1. Approve and authorize the filing of final map 36937, The Village, by Century Communities of California, LLC, at the southeast corner of Barnett Road and McLaughlin Road; and
2. Approve and authorize the City Manager to execute the Subdivision Improvement Agreement to guarantee completion of required public improvements associated with Tract Map 36937.
10.15 Acceptance of Public Improvements, Cortana Basin in Menifee Town Center, Parcel 22 of Parcel Map 362991, by Lennar Homes of California, Inc.
RECOMMENDED ACTION
1. Accept the public improvements of the Cortana Basin located within Parcel 22 of Parcel Map 362991 in Menifee Town Center, located south of Newport Road and west of Haun Road.
10.16 City Manager's Annual Performance Report for 2022 RECOMMENDED ACTION
1. Receive and file report.
11. PUBLIC HEARING ITEMS NONE
12. DISCUSSION ITEMS
12.1 Waste Management Senior Bill Assistance Program Review RECOMMENDED ACTION
1. Review Senior Bill Assistance Program and provide direction to staff regarding modification, extension, or continuation until funds are exhausted.
12.2 Consideration of Change to the Governance Structure RECOMMENDED ACTION
1. Review, discuss and provide staff direction regarding consideration of a change in the City’s governance structure; transitioning from four City Council districts with an atlarge, elected Mayor, to five City Council districts and a rotating Mayor.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> City Fine Structure for Illegal Fireworks (Sobek, July 20, 2022) Target Date: February 15, 2023
> Update on the Salt Creek Bike Trail (Sobek, Sept. 21, 2022) Target Date: February 15, 2023
> 2022 Education Summit Presentation (Sobek, Nov. 16, 2022) Target Date: March 15, 2023
> 2026 Semisesquicentennial Independence Celebration Event (Sobek, Sept. 21, 2022) Target Date: June 21, 2023
> Discussion on Creation of Historical Districts and Preservation of Rural Areas (Sobek, May 4, 2022) Target Date: TBD
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> Update on Development East of the City (Sobek, July 7, 2021) Target Date: TBD
> Review Graffiti Ordinance (Sobek, April 20, 2022)
Target Date: TBD
> Discussion on Menifee’s Sister City (Sobek, Sept. 21, 2022) Target Date: TBD
> Noise Concerns on Newport Corridor (Sobek, Sept. 21, 2022) Target Date: TBD
> Menifee Police Youth Driving Program (Liesemeyer, Oct. 19, 2022) Target Date: TBD
> Feasibility of Establishing a Volunteer Traffic Enforcement Unit (Karwin, Nov. 16, 2022) Target Date: TBD
> Creation of a Business Incentive District (Zimmerman, Nov. 16, 2022) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
February 1, 2023
Page
5 of 454
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada,District 2
Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, February 1, 2023
5:00 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Kay Vinson, Acting Clerk
CLOSED SESSION (5:00 PM)
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957(b)(1)):
Evaluation of City Attorney
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Rocky Stone – Sandals Church
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. City of Menifee App
5.2. Menifee Police Department Quarterly Update
5.3. Fire Department Quarterly Update
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES NONE
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 12/22/2022, the Payroll Register/Other EFTs dated 12/22/2022, 12/28/2022, 1/3/2022, and 1/6/2022 and the Void Check Listing PE 12/31/2022 which have a total budgetary impact of $4,322,200.92.
10.3 Treasurer's Report – October 2022
RECOMMENDED ACTION
1. Approve the Treasurer’s Report for October 2022.
10.4 Second Reading and Adoption of Ordinance Approving Change of Zone to expand the Economic Development Corridor Community Core to Scott Road, update the Business Park Description and Change the Permitted Use Table for Business Park and Economic Development Corridor
RECOMMENDED ACTION
1. Adopt an Ordinance approving Change of Zone No. PLN210405; a change to the Business Park land use description in Section 9.135.020 (Description and Intent of Zone); and a change to Table 9.135.0301 of the Development Code pertaining to general warehousing, guns and ammunition stores, manufacturing handcraft, manufacturing lightintensity and selfstorage facilities.
10.5 Approval of Purchase and Sale Agreement for Acquisition of Real Property RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Purchase and Sale Agreement for real property between Bank of America, National Association and the City of Menifee, for property located at 26800 Cherry Hills Blvd, Menifee, CA (APN 337310009) in an amount nottoexceed of $1.675M; and
2. Designate the City Manager to execute any agreements or documents required for the acquisition of real property (APN 337310009) including but not limited to escrow, broker fees, title, insurance, and formal bonding appraisal in a notto exceed amount of $40,000; and
3. Approve Phase I Tenant Capital Improvement Project budget of $500,000 for necessary improvements; and
4. Adopt a Budget Amendment Resolution (BAR) appropriating $2,215,000 in expenditures and revenues from American Rescue Plan (ARP) funds towards the purchase of the Bank of America property and related tenant improvements.
10.6 Agreement with NV5, Inc. for Design Services for the Murrieta Road Bridge Over Salt Creek Project, Capital Improvement Project No. 2301
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with NV5, Inc. in an amount nottoexceed $1,778,391 to conduct design, project management and supporting services for the Murrieta Road Bridge Over Salt Creek, Capital Improvement Project (CIP) No. 2301.
10.7 Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement (PSA) with KTU&A for the development of the City of Menifee Complete Streets Plan in an amount nottoexceed $244,349.19.
10.8 Agreement with Forensic Technology, Inc. for Integrated Ballistic Identification System RECOMMENDED ACTION
1. Approve the purchase of BRASSTRAX and MATCHPOINT Integrated Ballistic Identification System (IBIS) equipment, related software, and warranty with Forensic Technology, Inc., a member of the Ultra Group, under Menifee Municipal Code 3.12.070(A)(7) and (8), as a unique commodity, equipment, service obtained as a sole source purchase from Forensic Technology, Inc. a member of the Ultra Group; and
2. Authorize the City Manager, or his designee, to execute the required documents and the Finance Department to issue a corresponding Purchase Order (PO) for the purchase, and/or contract; and
3. Adopt a Budget Amendment Resolution appropriating $233,856 to the IT Fund (Fund 110) to specific expenditure accounts identified; and
4. Authorize the City Manager, or his designee, to execute the required documents and the Finance Department to issue a corresponding Purchase Order (PO) for BRASSTRAX and MATCHPOINT IBIS system for years 2 through 6, contingent on budget availability.
10.9 Agreement Amendment Extending Terms with Geocon West, Inc. for Materials Testing Services for the Romoland Grid Resurfacing Project RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Geocon West, Inc. for Materials Testing Services for the Romoland Grid Resurfacing Project, Capital Improvement Program (CIP) No. 2223, extending the terms of service through December 31, 2023.
10.10 Agreement Amendment with 4LEAF, Inc., for Professional Permit Technician Services and OnCall Building and Safety Plan Review Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement (PSA) with 4LEAF, Inc., to revise scope of work to include Oncall Building and Safety Plan Review services, increasing the Agreement by $78,100 for a total nottoexceed amount of $103,000.
10.11 PostRelease Accountability and Compliance Team Fiscal Year 2022/2023 Memorandum of Understanding
RECOMMENDED ACTION
1. Authorize the City Manager, or designee, to enter into a Memorandum of Understanding (MOU) with the County of Riverside, on behalf of its Probation Department and PostRelease Accountability and Compliance Team (PACT) for Public Safety Realignment.
10.12 Memorandum of Understanding with Menifee Valley Community Cupboard RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with the Menifee Valley Community Cupboard (MVCC) to complete activities as required under the CalRecycle Edible Food Recovery Grant.
10.13 Notice of Completion and Acceptance for Potomac and Meadows Neighborhood Resurfacing Project, Pavement Management Project No. 2202 RECOMMENDED ACTION
1. Accept the improvements for the Potomac and Meadows Neighborhood Resurfacing Project, Pavement Management Project (PMP) No. 2202; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
10.14 Final Map, Subdivision Improvement Agreement and Bonds for Tract Map 36937, The Village, by Century Communities of California, LLC.
RECOMMENDED ACTION
1. Approve and authorize the filing of final map 36937, The Village, by Century Communities of California, LLC, at the southeast corner of Barnett Road and McLaughlin Road; and
2. Approve and authorize the City Manager to execute the Subdivision Improvement Agreement to guarantee completion of required public improvements associated with Tract Map 36937.
10.15 Acceptance of Public Improvements, Cortana Basin in Menifee Town Center, Parcel 22 of Parcel Map 362991, by Lennar Homes of California, Inc.
RECOMMENDED ACTION
1. Accept the public improvements of the Cortana Basin located within Parcel 22 of Parcel Map 362991 in Menifee Town Center, located south of Newport Road and west of Haun Road.
10.16 City Manager's Annual Performance Report for 2022 RECOMMENDED ACTION
1. Receive and file report.
11. PUBLIC HEARING ITEMS NONE
12. DISCUSSION ITEMS
12.1 Waste Management Senior Bill Assistance Program Review RECOMMENDED ACTION
1. Review Senior Bill Assistance Program and provide direction to staff regarding modification, extension, or continuation until funds are exhausted.
12.2 Consideration of Change to the Governance Structure RECOMMENDED ACTION
1. Review, discuss and provide staff direction regarding consideration of a change in the City’s governance structure; transitioning from four City Council districts with an atlarge, elected Mayor, to five City Council districts and a rotating Mayor.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> City Fine Structure for Illegal Fireworks (Sobek, July 20, 2022) Target Date: February 15, 2023
> Update on the Salt Creek Bike Trail (Sobek, Sept. 21, 2022) Target Date: February 15, 2023
> 2022 Education Summit Presentation (Sobek, Nov. 16, 2022) Target Date: March 15, 2023
> 2026 Semisesquicentennial Independence Celebration Event (Sobek, Sept. 21, 2022) Target Date: June 21, 2023
> Discussion on Creation of Historical Districts and Preservation of Rural Areas (Sobek, May 4, 2022) Target Date: TBD
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> Update on Development East of the City (Sobek, July 7, 2021) Target Date: TBD
> Review Graffiti Ordinance (Sobek, April 20, 2022)
Target Date: TBD
> Discussion on Menifee’s Sister City (Sobek, Sept. 21, 2022) Target Date: TBD
> Noise Concerns on Newport Corridor (Sobek, Sept. 21, 2022) Target Date: TBD
> Menifee Police Youth Driving Program (Liesemeyer, Oct. 19, 2022) Target Date: TBD
> Feasibility of Establishing a Volunteer Traffic Enforcement Unit (Karwin, Nov. 16, 2022) Target Date: TBD
> Creation of a Business Incentive District (Zimmerman, Nov. 16, 2022) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
February 1, 2023
Page
6 of 454
CITY OF MENIFEE
SUBJECT: Warrant Register
MEETING DATE: February 1, 2023
TO: Mayor and City Council
PREPARED BY: Ann-Marie Etienne, Finance Manager
REVIEWED BY: Regina Funderburk, Chief Financial Officer APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Ratify and approve the Voucher List dated 12/22/2022, the Payroll Register/Other EFTs dated 12/22/2022, 12/28/2022, 1/3/2022, and 1/6/2022 and the Void Check Listing PE 12/31/2022 which have a total budgetary impact of $4,322,200.92.
DISCUSSION
The City of Menifee Municipal Code Chapter 3.16.050 requires that the City Council audit payments of demands and direct the City Manager to issue checks. The attached Voucher Lists and all corresponding invoices have been reviewed and approved for accuracy by the Finance Manager and by the Chief Financial Officer. Voucher List dated 12/22/2022, the Payroll Register/Other EFTs dated 12/22/2022, 12/28/2022, 1/3/2022, and 1/6/2022 and the Void Check Listing PE 12/31/2022 have a total budgetary impact of $4,322,200.92.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
As indicated previously, the payments of demand above have a total budgetary impact of $4,322,200.92, which is included in the Fiscal Year 2022/2023 budget.
Item Title: 10.2
Warrant Register
Item Page Number: 1
Menifee Mayor and City Council
February 1, 2023
Page
7 of 454
City of Menifee Staff Report
Warrant Register
February 1, 2023
1 3
8 7
ATTACHMENTS
1. Voucher Listing
2. Payroll Register/Other EFTs
3. City Credit Card Detail
4. Void Check Listing A/P
Item Title: 10.2
Warrant Register
Item Page Number: 2
Menifee Mayor and City Council
February 1, 2023
Page
8 of 454
12/22/2022
Voucher List
City of Menifee
1 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 55162 12/19/2022 01503 ETIENNE, ANN-MARIE CK REQ 12/19/22 PETTY CASH REIMB PE 12/19/22 730.52 Total : 730.52
55163 12/22/2022 00748 4IMPRINT, INC. 10631266 CS LAZY CREEK SUPPLIES 1,034.64 Total : 1,034.64
55164 12/22/2022 01799 AIRFORCE 1 PLUMBING HEATING &, AIR, INC 102540 PD FACILITY MAINT 1,275.00 Total : 1,275.00
55165 12/22/2022 01438 ALTA LANGUAGE SERVICES, INC IS625308 EMPLOYEE BILINGUAL TEST 132.00 Total : 132.00
55166 12/22/2022 01252 AMAZON CAPITAL SERVICES, INC. 13YM-PPFY-19HQ TREE LIGHTING EVENT SUPPLIES 274.02 119.79IT SMALL TOOLS AND FIELD EQUIPMENT16KY-1VWT-31FQ
262.38PD MATERIALS AND SUPPLIES16X1-FVYN-6HYD
554.58AMR FACILITY MAINT19VH-THWT-7K43
194.42FLEET MATERIALS AND SUPPLIES1CRV-C49V-NL6J
178.68TREE LIGHTING EVENT SUPPLIES1DVX-1LV4-W4NM
40.23CS CULTURAL ARTS SUPPLIES1HRY-7F1V-1TKR
633.30PD EQUIPMENT MAINT1KKM-7PKN-1MPC
41.30FLEET SMALL TOOLS / FIELD EQUIPMENT1M3K-FDRM-4LDJ
204.68FLEET MATERIALS AND SUPPLIES1M3K-FDRM-4WNH
1,272.36FLEET SMALL TOOLS / FIELD EQUIPMENT1QTL-WPG7-4VJV 106.58CEO SUPPLIES1RR7-77JF-7KKX
323.75PD SUPPLIES1RTX-1QW3-4KYL
59.81CS TRAINING SUPPLIES1VFX-YY94-PLNY
92.49IT SMALL TOOLS & FIELD EQUIPMENT1VXK-VKLD-FFMY
325.70PARKS FACILITY MAINTENANCE1WVJ-131Y-4JHK
Total : 4,684.07
55167 12/22/2022 00123 AMBER MANAGEMENT, LLC JAN'23 JAN'22 CITY HALL MONTHLY RENT 53,110.16 5,121.45JAN'23 CITY HALL EXTRA OFFICE SPACE MONTJAN'23-1 Total : 58,231.61
55168 12/22/2022 00258 AMERICAN FORENSIC NURSES, INC 76925 04266 NOV'22 PD FORENSIC SERVICES 67.60 Total : 67.60
1Page:
Item Title: 10.2
Warrant Register
Item Page Number: 3
Menifee Mayor and City Council
February 1, 2023
Page
9 of 454
12/22/2022
Voucher List
City of Menifee
2 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 55169 12/22/2022 01607 ARCHITERRA DESIGN GROUP 30242 OCT'22 LANDSCAPE DESIGN AND INSPECTION S 12,731.36 04015
Total : 12,731.36
55170 12/22/2022 02193 CALIFORNIA TRUCK EQUIPMENT, COMPANY 12972 03425 P/W F250 MESSAGE BOARD 26,883.00 Total : 26,883.00
55171 12/22/2022 00776 CORELOGIC SOLUTIONS, LLC 30639550 03928 NOV'22 CORELOGIC LICENSING 400.00 Total : 400.00
55172 12/22/2022 01210 CORKY'S PEST CONTROL 3297940 COMM SVCS PEST CNTRL FACILITY MAINTENANC 85.00
59.00LAZY CREEK PEST CONTROL SVCS3302938
Total : 144.00
55173 12/22/2022 00989 CRAFCO, INC 9402847505 P/W MATERIALS & SUPPLIES 678.83 Total : 678.83
55174 12/22/2022 01444 DAYSMART RECREATION INV00820424 04379 NOV'22 DASH SOFTWARE 416.66 Total : 416.66
55175 12/22/2022 00272 DIAMOND ENVIRONMENTAL SVC 0004190819 RESTROOM FOR BULKY ITEM EVENT AT HERITAG 95.20 680.30NOVA PARK PORTABLE RESTROOM RENTAL0004306745
533.97RESTROOM FOR PUMP TRACK0004351191
160.64NOVA PARK RESTROOM RENTAL0004366176
Total : 1,470.11
55176 12/22/2022 01988 DIVERSIFIED DISTRIBUTION 2002715 P/W VEHICLE MAINTENANCE 424.09 441.29PD VEHICLE MAINTENANCE2002732
Total : 865.38
55177 12/22/2022 00731 ENTERPRISE FM TRUST FBN4621132 04043 DEC'22 PD, CODE & CS VEHICLE LEASES 17,920.77 Total : 17,920.77
55178 12/22/2022 01286 FERGUSON PAPE BALDWIN, ARCHITECTS INC.22013-722B 03840 SPACE NEEDS ASSESSMENT UPDATE FOR PD AND 3,095.00 03840 2,502.50SPACE NEEDS ASSESSMENT UPDATE FOR PD AND22013-822B 03840 1,762.50SPACE NEEDS ASSESSMENT UPDATE FOR PD AND22013-922B Total : 7,360.00
2Page:
Item Title: 10.2
Warrant Register
Item Page Number: 4
Menifee Mayor and City Council
February 1, 2023
Page
10 of 454
12/22/2022
Voucher List
City of Menifee
3 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 55179 12/22/2022 00805 GARY F. HOYT LANDSCAPE CP-2508B JUL'22 ON-CALL ENG SVCS (RECOVERABLE) LA 3,392.00 04024
04024 9,920.00AUG'22 ENG SVCS LANDSCAPE PLAN REVIEWCP-2512A 04024 2,368.00AUG'22 ENGINEERING SERVICES LANDSCAPE PLCP-2512B 04024 3,136.00SEP'22 ENG SVCS LANDSCAPE PLAN REVIEWCP-2515B Total : 18,816.00
55180 12/22/2022 00139 GHA TECHNOLOGIES INC 101262119 04318 PD VEEAM SOFTWARE LICENSE RENEWAL 2,790.22 04324 14,750.40CH & PD VMWARE SERVER MAINTENANCE101262124 04328 7,896.42CH VEEAM SOFTWARE LICENSE RENEWAL101262126 Total : 25,437.04
55181 12/22/2022 00974 HOSPICE OF THE VALLEYS CK REQ 11/7/22 04374 REIMB REQ FOR SENIOR ASSISTANCE PROGRAM 2,870.82 Total : 2,870.82
55182 12/22/2022 01437 JPW COMMUNICATIONS, LLC 2847 04062 FY22/23 MENIFEE MATTERS DEVELOPMENT & PU 15,002.50 Total : 15,002.50
55183 12/22/2022 00790 LEIGHTON CONSULTING, INC. 54063 04308 MATERIAL TESTING SVCS CIP 22-20&21 613.45 Total : 613.45
55184 12/22/2022 02283 MAGELLAN ADVISORS MA10012203 03690 SMART CITIES & BROADBAND MASTER PLAN 15,705.00 Total : 15,705.00
55185 12/22/2022 01031 MENIFEE VALLEY TAEKWONDO ACADE CK REQ 12/7/22 COMM SVCS INSTRUCTOR PAYMENT 2,166.00 Total : 2,166.00
55186 12/22/2022 00715 MOORE FENCE COMPANY, INC. 22-7586 04338 CENTENNIAL PARK BASEBALL FIELD FENCE INS 35,913.28 Total : 35,913.28
55187 12/22/2022 01576 MYERS & SONS HI-WAY SAFETY 137407 04367 P/W SIGN MAINTENANCE AND REPLACEMENT 3,214.61 Total : 3,214.61
55188 12/22/2022 00724 NINYO & MOORE 267628 04366 PUMP TRACK GEOTECHNICAL TESTING 3,786.56 Total : 3,786.56
55189 12/22/2022 01674 PACIFIC ALARM SERVICE R-00410630 04136 DEC'22 FIRE & BURGLAR ALARM MONITORING S 1,906.35 04136 580.06JAN'23 FIRE & BURGLAR ALARM MONITORING SR-00412577 3Page:
Item Title: 10.2
Warrant Register
Item Page Number: 5
Menifee Mayor and City Council
February 1, 2023
Page
11 of 454
12/22/2022
Voucher List
City of Menifee
4 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 55189 12/22/2022 (Continued)01674 PACIFIC ALARM SERVICE 04136 108.95JAN'23 FIRE & BURGLAR ALARM MONITORING SR-00417783 04136 1,906.35JAN'23 FIRE & BURGLAR ALARM MONITORING SR-00418942 Total : 4,501.71
55190 12/22/2022 00716 PACIFIC MOBILE STRUCTURES, INC INV-00272759 04082 JAN'23 LOCKER ROOM LEASE 3,389.21 04082 3,399.87JAN'23 LOCKER ROOM LEASEINV-00272760
Total : 6,789.08
55191 12/22/2022 01467 PARRON-HALL CORPORATION 38675 04074 FURNITURE & INSTALLATION SVCS FOR IT DEP 3,247.33 Total : 3,247.33
55192 12/22/2022 02512 PARTS AUTHORITY, LLC 062-700876 PD VEHICLE MAINTENANCE 114.11
16.25PD VEHICLE MAINTENANCE062-718466
46.40PD VEHICLE MAINTENANCE062-720130
64.68PD VEHICLE MAINTENANCE062-725265
51.93FLEET MATERIALS & SUPPLIES062-727588
239.41PD VEHICLE MAINTENANCE062-730258
109.95PD VEHICLE MAINTENANCE064-038817
71.95PD VEHICLE MAINTENANCE065-697505
5.42PD VEHICLE MAINTENANCE070-885935
137.04PD VEHICLE MAINTENANCE101-631184
71.95PD VEHICLE MAINTENANCE101-637109
26.82PD VEHICLE MAINTENANCE104-474259
159.11PD VEHICLE MAINTENANCE292-395258
5.42PD VEHICLE MAINTENANCE292-395476
125.72PD VEHICLE MAINTENANCE292-395494
36.67P/W EQUIPMENT MAINTENANCE292-395797
15.31P/W VEHICLE MAINTENANCE292-395955
125.72PD VEHICLE MAINTENANCE292-396203
Total : 1,423.86
55193 12/22/2022 02449 PEREGRINE TECHNOLOGIES, INC CN0012 04147 PD SOFTWARE SUBSCRIPTION 100,000.00 Total : 100,000.00
55194 12/22/2022 01631 PLANETBIDS, INC. 112248 04365 FY 22/23 LICENSE FEE E-PROCUREMENT SOLUT 4,234.32 Total : 4,234.32
4Page:
Item Title: 10.2
Warrant Register
Item Page Number: 6
Menifee Mayor and City Council
February 1, 2023
Page
12 of 454
12/22/2022
Voucher List
City of Menifee
5 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 55195 12/22/2022 01212 R.J. NOBLE COMPANY 214799 P/W MATERIALS & SUPPLIES 142.92 140.77P/W MATERIALS & SUPPLIES221272
Total : 283.69
55196 12/22/2022 00242 RIVERSIDE COUNTY, TLMA ADMINISTRATION TL16546 04418 JUN-SEPT'22 COUNTY LABOR & EQUIPMENT SVC 3,923.29 721.69TRAFFIC SIGNAL INSPECTIONTL16563
Total : 4,644.98
55197 12/22/2022 00242 RIVERSIDE COUNTY, TLMA ADMINIS TL16547 04412 JUN-SEPT'22 COUNTY LABOR & EQUIPMENT CIP 2,806.00 04415 2,411.62JUN-SEPT'22 COUNTY LABOR & EQUIPMENT SVCTL16548 Total : 5,217.62
55198 12/22/2022 01001 ROADWAY ENGINEERING, & CONTRACTING, INC1214-1 04336 CIP 17-01 EVANS PARK PUMP TRACK EXPANSIO 383,031.92 Total : 383,031.92
55199 12/22/2022 00962 RUTAN & TUCKER, LLP 940406 AUG'22 CITY LEGAL SVCS 20,891.10 19,971.07AUG'22 CITY LEGAL SVCS940407
4,637.82AUG'22 CITY LEGAL SVCS940408
1,701.00AUG'22 CITY LEGAL SVCS940409
4,607.00AUG'22 CITY LEGAL SVCS940410
3,983.70AUG'22 CITY LEGAL SVCS940413
4,599.60AUG'22 CITY LEGAL SVCS940415
11,834.10SEP'22 CITY LEGAL SVCS942591
21,246.00SEPT'22 CITY LEGAL SVCS942592
3,840.56SEP'22 CITY LEGAL SVCS942593
48.60SEPT'22 CITY LEGAL SVCS942594
508.20SEP'22 CITY LEGAL SVCS942595
1,478.40SEPT'22 CITY LEGAL SVCS942596
3,404.50SEP'22 CITY LEGAL SVCS942597
3,137.53SEPT'22 CITY LEGAL SVCS942600
9,185.50AUG'22 CITY LEGAL SVCS942602
17,342.78OCT'22 CITY LEGAL SVCS943595
12,007.50OCT'22 CITY LEGAL SVCS943596
7,142.52OCT'22 CITY LEGAL SVCS943597
254.10OCT'22 CITY LEGAL SVCS943598
3,089.40OCT'22 CITY LEGAL SVCS943602
12,899.60OCT'22 CITY LEGAL SVCS943604
5Page:
Item Title: 10.2
Warrant Register
Item Page Number: 7
Menifee Mayor and City Council
February 1, 2023
Page
13 of 454
12/22/2022
Voucher List
City of Menifee
6 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 55199 12/22/2022 (Continued)00962 RUTAN & TUCKER, LLP
12,028.00NOV'22 CITY LEGAL SVCS945829
663.90NOV'22 CITY LEGAL SVCS945830
27.10NOV'22 CITY LEGAL SVCS945831
4,024.90NOV'22 CITY LEGAL SVCS945832
1,200.30NOV'22 CITY LEGAL SVCS945833
5,981.20NOV'22 CITY LEGAL SVCS945834
1,934.70NOV'22 CITY LEGAL SVCS945835
72.90NOV'22 CITY LEGAL SVCS945836
441.00NOV'22 CITY LEGAL SVCS945837
Total : 194,184.58
55200 12/22/2022 01892 SIEMENS MOBILITY INC 5620041507 P/W STREET LIGHT REPAIR 198.75 Total : 198.75
55201 12/22/2022 01932 SOUTHERN CALIFORNIA NEWS GROUP 0011555488-1 LEGAL ADVERTISING SVCS 755.82 Total : 755.82
55202 12/22/2022 01236 SPICER CONSULTING GROUP LLC 1183 04151 NOV'22 SPECIAL DISTRICT ADMIN SVCS 12,784.04 Total : 12,784.04
55203 12/22/2022 00741 U.S. BANK CORP. PYMT. SYSTEM **0098 City Credit Card Charges 636.00 691.56City Credit Card Charges**0098
298.80City Credit Card Charges**1140
530.00City Credit Card Charges**1394
1,478.54City Credit Card Charges**1394
375.00City Credit Card Charges**1394
3,127.83City Credit Card Charges**1632
2,624.66City Credit Card Charges**1632
3,510.48City Credit Card Charges**1632
435.00City Credit Card Charges**1632
4,630.06City Credit Card Charges**1632
797.95City Credit Card Charges**1632
1,134.61City Credit Card Charges**1632
1,035.20City Credit Card Charges**1632
1,030.33City Credit Card Charges**1632
370.71City Credit Card Charges**1632
6Page:
Item Title: 10.2
Warrant Register
Item Page Number: 8
Menifee Mayor and City Council
February 1, 2023
Page
14 of 454
12/22/2022
Voucher List
City of Menifee
7 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 55203 12/22/2022 (Continued)00741 U.S. BANK CORP. PYMT. SYSTEM 1,387.41City Credit Card Charges**1632
558.70City Credit Card Charges**1632
1,631.04City Credit Card Charges**1632
475.00City Credit Card Charges**1632
563.48City Credit Card Charges**1678
422.61City Credit Card Charges**1678
388.88City Credit Card Charges**1678
305.85City Credit Card Charges**1678
774.00City Credit Card Charges**1678
1,627.67City Credit Card Charges**1678
462.68City Credit Card Charges**1886
323.25City Credit Card Charges**4538
764.00City Credit Card Charges**7121
899.94City Credit Card Charges**9199
432.00City Credit Card Charges**9199
393.37City Credit Card Charges**9739
900.00City Credit Card Charges**9739
525.31City Credit Card Charges**9739
524.00City Credit Card Charges**9739
1,056.74City Credit Card Charges**9739
Total : 37,122.66
55204 12/22/2022 00741 U.S. BANK CORP. PYMT. SYSTEM **0098 City Credit Card Charges 244.81
59.00City Credit Card Charges**0098
244.81City Credit Card Charges**0098
274.47City Credit Card Charges**1140
247.53City Credit Card Charges**1140
45.00City Credit Card Charges**1140
140.80City Credit Card Charges**1394
264.59City Credit Card Charges**1394
96.96City Credit Card Charges**1394
65.47City Credit Card Charges**1394
198.56City Credit Card Charges**1632
60.79City Credit Card Charges**1632
40.00City Credit Card Charges**1632
46.93City Credit Card Charges**1632
7Page:
Item Title: 10.2
Warrant Register
Item Page Number: 9
Menifee Mayor and City Council
February 1, 2023
Page
15 of 454
12/22/2022
Voucher List
City of Menifee
8 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 55204 12/22/2022 (Continued)00741 U.S. BANK CORP. PYMT. SYSTEM
34.72City Credit Card Charges**1632
190.00City Credit Card Charges**1632
200.42City Credit Card Charges**1632
105.00City Credit Card Charges**1632
206.21City Credit Card Charges**1632
80.00City Credit Card Charges**1678
165.33City Credit Card Charges**1678
278.40City Credit Card Charges**1678
141.73City Credit Card Charges**1678
75.01City Credit Card Charges**1886
63.13City Credit Card Charges**4538
55.45City Credit Card Charges**4538
276.74City Credit Card Charges**5725
281.88City Credit Card Charges**5725
79.00City Credit Card Charges**9199
114.30City Credit Card Charges**9199
103.11City Credit Card Charges**9199
37.99City Credit Card Charges**9199
35.00City Credit Card Charges**9199
204.38City Credit Card Charges**9739
175.00City Credit Card Charges**9739
251.29City Credit Card Charges**9739
Total : 5,183.81
55205 12/22/2022 00741 U.S. BANK CORP. PYMT. SYSTEM **1016 City Credit Card Charges 2.99
0.99City Credit Card Charges**1016
5.88City Credit Card Charges**1632
27.19City Credit Card Charges**4538
30.94City Credit Card Charges**9739
9.99City Credit Card Charges**9962
Total : 77.98
55206 12/22/2022 01250 VULCAN MATERIALS COMPANY 73507041 P/W MATERIALS & SUPPLIES 221.28 207.77P/W MATERIALS & SUPPLIES73510363
205.84P/W MATERIALS & SUPPLIES73510364
8Page:
Item Title: 10.2
Warrant Register
Item Page Number: 10
Menifee Mayor and City Council
February 1, 2023
Page
16 of 454
12/22/2022
Voucher List
City of Menifee
9 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 634.89 55206 12/22/2022 01250 01250 VULCAN MATERIALS COMPANY 55207 12/22/2022 00298 WEX BANK 85648096 NOV'22 CITY VEHICLE FUEL & MAINT CHARGES 49,546.34 Total : 49,546.34
55208 12/22/2022 02397 WHITE CAP, LP 50020395642 P/W MATERIALS AND SUPPLIES 622.59 Total : 622.59
55209 12/22/2022 00143 WRCRCA CK REQ 12/13/22 NOV 2022 - MSHCP FEES 277,020.42 Total : 277,020.42
55210 12/22/2022 01524 WRIGHT SEPTIC 37608 FIRESTATION #5 FACILITY MAINTENANCE 636.00 636.00FIRESTATION #5 FACILITY MAINTENANCE37921
Total : 1,272.00
55211 12/22/2022 00555 ADAME LANDSCAPING, INC. 96235 04177 NOV'22 PARK & RESTROOM MAINT SVCS 42,003.37 04175 39,950.44NOV'22 ROW LANDSCAPE MAINTENANCE SVCS96236 04176 732.91NOV'22 PLANTER AREA & TURF MAINT SVCS96237 Total : 82,686.72
55212 12/22/2022 00191 AFLAC 940425 DEC'22 INSURANCE PREMIUMS 18,670.84 Total : 18,670.84
55213 12/22/2022 01795 AIR & HOSE SOURCE, INC 488022 PW VEHICLE MAINTENANCE 305.39
12.50PW VEHICLE MAINTENANCE488466
578.64PW EQUIPMENT MAINTENANCE488619
169.44FLEET MATERIALS & SUPPLIES488622
Total : 1,065.97
55214 12/22/2022 01948 APPLEONE EMPLOYMENT SERVICES 01-6485138 TEMP EMP SVCS PE 11/12/22 2,442.60 2,455.36TEMP EMP SVCS PE 11/19/2201-6489868
1,773.24TEMP EMP SVCS PE 11/26/2201-6496947
Total : 6,671.20
55215 12/22/2022 01646 ARROYO BACKGROUND, INVESTIGATIONS 2807 04283 BACKGROUND INVESTIGATION SERVICES 2,400.00 04283 1,200.00BACKGROUND INVESTIGATION SERVICES2816
04283 700.00BACKGROUND INVESTIGATION SERVICES2819
04283 1,200.00BACKGROUND INVESTIGATION SERVICES2829
9Page:
Item Title: 10.2
Warrant Register
Item Page Number: 11
Menifee Mayor and City Council
February 1, 2023
Page
17 of 454
12/22/2022
Voucher List
City of Menifee
10 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 55215 12/22/2022 (Continued)01646 ARROYO BACKGROUND, INVESTIGATIONS 04283 1,200.00BACKGROUND INVESTIGATION SERVICES2831
04283 2,400.00BACKGROUND INVESTIGATION SERVICES2832
04283 4,500.00BACKGROUND INVESTIGATION SERVICES2837
04283 1,200.00BACKGROUND INVESTIGATION SERVICES2842
04283 2,400.00BACKGROUND INVESTIGATION SERVICES2845
04283 1,200.00BACKGROUND INVESTIGATION SERVICES2855
04283 1,350.00BACKGROUND INVESTIGATION SERVICES2868
04283 2,700.00BACKGROUND INVESTIGATION SERVICES2905
Total : 22,450.00
55216 12/22/2022 02366 AZTEC JANITORIAL SERVICES J1315 04121 NOV'22 CITY FACILITIES JANITORIAL SERVIC 18,353.61 Total : 18,353.61
55217 12/22/2022 02428 BERRY, DUNN, MCNEIL & PARKER, LLC 423644 04149 STRATEGIC PLANNING SERVICES 6,280.00 Total : 6,280.00
55218 12/22/2022 00259 BIO-TOX LABORATORIES INC 43705 04303 NOV'22 PD BLOOD ALCOHOL ANALYSIS 1,336.00 Total : 1,336.00
55219 12/22/2022 02394 BLUE LIGHT INC. DBA IMAGINE, COURT REPORTING74095 LEGAL FEES FOR CLAIM # GHC0042021 295.90 Total : 295.90
55220 12/22/2022 01098 CAL TRUE VALUE NOV'22 SUPPLIES FOR COMM SVCS & P/W 1,551.92 Total : 1,551.92
55221 12/22/2022 02380 CALIFORNIA HIGHWAY PATROL CK REQ 12/7/22 CHP VOLUNTEER TRAINING 100.00 Total : 100.00
55222 12/22/2022 02095 CALIFORNIA PEACE OFFICERS', ASSOCIATION362730 MEMBERSHIP FOR CALIFORNIA PEACE OFFICERS 1,500.00 Total : 1,500.00
55223 12/22/2022 00686 CALTRANS SL230233 JUL - SEP'22 CITY SIGNAL & LIGHT SVCS 3,924.28 Total : 3,924.28
55224 12/22/2022 01023 CLMP, LTD. MANPOWER 5120426 P/W TEMP EMP SVCS PE 11/27/22 923.67 1,404.75P/W TEMP EMP SVCS PE 12/04/225120536
10Page:
Item Title: 10.2
Warrant Register
Item Page Number: 12
Menifee Mayor and City Council
February 1, 2023
Page
18 of 454
12/22/2022
Voucher List
City of Menifee
11 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 2,328.42 55224 12/22/2022 01023 01023 CLMP, LTD. MANPOWER 55225 12/22/2022 02369 CRIME SCENE CLEANERS 20221112 BIOHAZARD CLEAN UP SVCS 850.00 Total : 850.00
55226 12/22/2022 00136 DEPARTMENT OF CONSERVATION, DIV OF ADMIN SVCS, ACCTGCK REQ 11/1/22-1 SMIP FEES QTR ENDING 9/30/22 14,535.00 Total : 14,535.00
55227 12/22/2022 00161 EASTERN MUNICIPAL WATER DIST. 500065258 12/5/22 NOV'22 LLMD ZONE 3 WATER SVCS 1,151.27 1,465.22NOV'22 LLMD ZONE 69 WATER SVCS500069564 12/5/22 1,120.29NOV'22 CSA 145 WATER SVCS500069659 12/5/22
1,200.83NOV'22 CSA 145 WATER SVCS500071797 12/5/22
2,507.13NOV'22 AMR ROW WATER SVCS500075952 12/5/22
5,067.29NOV'22 AMR ROW WATER SVCS500077836 12/5/22
4,559.73NOV'22 AMR ROW WATER SVCS500079022 12/5/22
1,082.57NOV'22 CFD2015-2 ANNEX 18, ZONE 19 WATER500084836 12/2/22
2.67NOV'22 CFD 2015-2 ANNEXATION 34 ZONE 34500087081 12/5/22 1,223.81NOV'22 CSA 145 WATER SVCS500160209 12/5/22
12.03NOV'22 AIR GAP CONSTRUCTION WATER METER500163394 12/12/22
78.47NOV'22 PUMP TRACK WATER METER USAGE500316437 12/5/22 324.83NOV'22 CFD2015-2 ANNEX #7, ZONE 8 WATER500403157 12/5/22 Total : 19,796.14
55228 12/22/2022 01928 EFAX CORPORATE 4334826 NOV'22 FAX LINES FOR PD REPORTS 149.50 Total : 149.50
55229 12/22/2022 02388 ENGINEERING RESOURCES OF, SOUTHERN CALIFORNIA, INC.58418 03962 OCT'22 DESIGN SVCS PALOMA WASH PEDESTRI 3,142.70 Total : 3,142.70
55230 12/22/2022 00024 FEDEX 7-944-22973 NOV'22 EXPRESS DELIVERY SVCS 44.76
5.91LATE FEE FOR NOV MAIL SVC9-640-99260
Total : 50.67
55231 12/22/2022 02552 FERNANDEZ, JOSHUA CK REQ 12/5/22 PER DIEM FOR PD TRAINING 636.00 Total : 636.00
55232 12/22/2022 01967 FLOCK SAFETY INV-4623 AUTOMATED LICENSE PLATE READER CAMERAS 1,209.68 11Page:
Item Title: 10.2
Warrant Register
Item Page Number: 13
Menifee Mayor and City Council
February 1, 2023
Page
19 of 454
12/22/2022
Voucher List
City of Menifee
12 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 1,209.68 55232 12/22/2022 01967 01967 FLOCK SAFETY 55233 12/22/2022 02415 FORENSIC ANALYTICAL CONSULTING, SERVICES, INC.16030 04166 ENVIRONMENTAL HEALTH CONSULTING SERVICES 5,423.76 Total : 5,423.76
55234 12/22/2022 02333 FORTIN LAW GROUP 122541 LEGAL FEES FOR CLAIM # GHC0036462 6,988.50 Total : 6,988.50
55235 12/22/2022 02341 FOXFURY, LLC. S-19106 PD CSI LIGHTING 1,799.80 Total : 1,799.80
55236 12/22/2022 01142 FRONTIER CALIFORNIA INC. 209-188-1265 11/24/2 DEC'22 CITY HALL FIOS & PHONE LINES 2,959.49 439.87DEC'22 CITY HALL IP CIRCUIT (MAIN)310-150-0013 12/6/22 990.00DEC'22 CITY HALL DEDICATED FIBER (EIA)951-197-0298 12/4/22 990.00DEC'22 PD FIOS SVCS951-197-0485 11/28/2
990.00DEC'22 PD HEADQUARTERS DEDICATED FIBER (951-197-0579 12/4/22 1,005.15DEC'22 LAZY CREEK DIA SERVICE951-197-0820 12/7/22 133.24DEC'22 LAZY CREEK ALARM SVCS951-679-8153 12/4/22
67.92DEC'22 SENIOR CENTER FIRE ALARM951-679-8460 11/28/2 1,510.93DEC'22 CITY HALL LOCAL & LONG DISTANCE S951-723-8881 11/24/2 Total : 9,086.60
55237 12/22/2022 00278 GALLS, LLC 021133360 G PD UNIFORM -354.14 -232.95PD MATERIALS & SUPPLIES022049142
03848 3,806.94PD PROTECTIVE DEVICES & ACCESSORIESBC1753344 Total : 3,219.85
55238 12/22/2022 00908 GOSCH AUTO GROUP 2105940 CS VEHICLE MAINTENANCE 190.06 166.39PD VEHICLE MAINTENANCE5053563
153.23PD VEHICLE MAINTENANCE5054003
Total : 509.68
55239 12/22/2022 01060 HANK'S HARDWARE & LUMBER INC. 441972 PD FACILITIES MATERIALS & SUPPLIES 95.73 Total : 95.73
55240 12/22/2022 00274 HINDERLITER DELLAMAS & ASSOC. SIN022717 04393 CONTRACT SERVICES - SALES TRANS TAX 2ND 15,734.40 1,333.70CONTRACT SERVICES - SALES TAX 2ND QTR 20SIN023510 12Page:
Item Title: 10.2
Warrant Register
Item Page Number: 14
Menifee Mayor and City Council
February 1, 2023
Page
20 of 454
12/22/2022
Voucher List
City of Menifee
13 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 17,068.10 55240 12/22/2022 00274 00274 HINDERLITER DELLAMAS & ASSOC. 55241 12/22/2022 00548 IMPACT PROMOTIONAL PRODUCTS 12777 EXECUTIVE DEPT EMPLOYEE SHIRTS 392.99 Total : 392.99
55242 12/22/2022 01043 IMPERIAL SPRINKLER SUPPLY 0008666615-001 PARKS SMALL TOOLS AND FIELD EQUIPMENT 20.65 184.86CS ROW IRRIGATION REPAIRS0008834112-002
89.04CS ROW IRRIGATION REPAIRS0008848112-001
46.71LLMD ZONE 3 IRRIGATION REPAIRS0008875682-001
51.63LLMD ZONE 3 IRRIGATION REPAIRS0008877809-001
102.36CSA 145 IRRIGATION SUPPLIES0008880216-001
485.03CS ROW IRRIGATION REPAIRS0008919637-001
13.11CS ROW IRRIGATION REPAIRS0009028916-001
473.17AMR IRRIGATION SUPPLIES0009029315-001
114.19LA LADERA PARK IRRIGATION SUPPLIES008997882-001
202.28CS ROW IRRIGATION REPAIRS009016229-001
Total : 1,783.03
55243 12/22/2022 01090 INTELESYONE 105368 04032 LAZY CREEK RECREATIONAL CENTER MITEL PHO 3,733.77 Total : 3,733.77
55244 12/22/2022 01678 JACOBS, NATALIE 22-0073 REIMB FOR CITY TRAVEL EXPENSES 46.73 Total : 46.73
55245 12/22/2022 01341 JOHNSON EQUIPMENT COMPANY 8136 04385 P/W VEHICLE MAINTENANCE 2,778.45 Total : 2,778.45
55246 12/22/2022 02137 KNOTT'S BERRY FARM CK REQ 11/29/22 CS TEEN KNOTTS SUMMER TRIP 1,480.00 Total : 1,480.00
55247 12/22/2022 01331 KOA CORPORATION JC13103-7 03709 AUG'22 MENIFEE RD IMPROV. PRJCT. DESIGN 2,586.75 Total : 2,586.75
55248 12/22/2022 00549 KOFF & ASSOCIATES, INC. 015191 04019 CLASSIFICATION & COMPENSATION STUDY 1,147.50 Total : 1,147.50
55249 12/22/2022 00128 LOWES 901117-KCATAV CS PARKS SMALL TOOLS & FIELD EQUIPMENT 101.39 542.06PARKS SUPPLIES901133-KBNWBM
13Page:
Item Title: 10.2
Warrant Register
Item Page Number: 15
Menifee Mayor and City Council
February 1, 2023
Page
21 of 454
12/22/2022
Voucher List
City of Menifee
14 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 55249 12/22/2022 (Continued)00128 LOWES
26.81CITY HALL MATERIALS & SUPPLIES901225-KASSPR
439.69CSA 145 FACILITY MAINTENANCE901394-KAXWRF
20.65PD MATERIALS & SUPPLIES901444-KAXWRH
136.57CSA 145 FACILITY MAINTENANCE901803-KCPIHZ
440.59CSA 145 FACILITY MAINTENANCE901834-KBIANC
1,349.45CS FURNITURE AND EQUIPMENT902280-KBNWAT
139.10CS SUPPLIES902726-KDGROA
141.12CS PARKS SMALL TOOLS & FIELD EQUIPMENT902772-KCATAH
70.40CSA 145 FACILITY MAINTENANCE902946-KCFVWA
426.48CS PARKS SMALL TOOLS & FIELD EQUIPMENT911366-KCATAK 123.95CS PARKS SMALL TOOLS AND SUPPLIES911922-KCPIHT
-33.95CSA 145 FACILITY MAINTENANCE917031-JSDVIP
-13.10CS FACILITY MAINTENANCE917393-JZMGXR
Total : 3,911.21
55250 12/22/2022 02047 MARCINKO, AMBER CK REQ 12/5/22 PER DIEM FOR PD TRAINING 318.00 Total : 318.00
55251 12/22/2022 00872 MENIFEE CAR WASH COM-NOV2022 NOV'22 FLEET VEHICLE MAINTENANCE 46.09 Total : 46.09
55252 12/22/2022 00474 WESTERN PACIFIC HOUSING CK REQ 11/09/22 REFUND FOR BLDG PERMIT PMT19-04897 10,000.00 10,000.00REFUND FOR BLDG PERMIT PMT20-01373CK REQ 11/09/22 10,000.00REFUND FOR BLDG PERMIT PMT21-00174CK REQ 11/09/22 Total : 30,000.00
55253 12/22/2022 00474 DELIA MONTANO CK REQ 12/12/22 REFUND FOR FLAG FOOTBALL REGISTRATION 160.00 Total : 160.00
55254 12/22/2022 00474 JENNIFER CASTELLON CK REQ 12/12/22 REFUND FOR FLAG FOOTBALL REGISTRATION 96.00 Total : 96.00
55255 12/22/2022 00474 GUADALUPE HUERTA CK REQ 12/12/22 REFUND FOR YOUTH BASKETBALL REGISTRATION 80.00 Total : 80.00
55256 12/22/2022 00474 ARTHUR CASTREJON CK REQ 12/12/22 REFUND FOR FLAG FOOTBALL REGISTRATION 80.00 14Page:
Item Title: 10.2
Warrant Register
Item Page Number: 16
Menifee Mayor and City Council
February 1, 2023
Page
22 of 454
12/22/2022
Voucher List
City of Menifee
15 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 80.00 55256 12/22/2022 00474 00474 ARTHUR CASTREJON 55257 12/22/2022 00474 JENNIFER SINGH CK REQ 12/12/22 REFUND FOR FLAG FOOTBALL REGISTRATION 80.00 Total : 80.00
55258 12/22/2022 00690 MMASC 6091 MMASC MEMBERSHIP 90.00 Total : 90.00
55259 12/22/2022 01058 MONOPRICE INC. 23146199 IT SMALL TOOLS AND FIELD EQUIPMENT 1,067.32 Total : 1,067.32
55260 12/22/2022 01558 OCCUPATION HEALTH CENTERS, OF CALIFORNIA16068404 PRE-EMPLOYMENT TESTING SVCS 60.00 1,666.00PRE-EMPLOYMENT TESTING SVCS77348203
172.50PRE-EMPLOYMENT TESTING SVCS77349829
1,666.00PRE-EMPLOYMENT TESTING SVCS77484003
115.00PRE-EMPLOYMENT TESTING SVCS77485189
Total : 3,679.50
55261 12/22/2022 01130 O'REILLY AUTO PARTS 4746-377316 FLEET SMALL TOOLS/FIELD EQUIPMENT 247.10
79.27P/W EQUIPMENT MAINTENANCE4746-378750
44.34P/W VEHICLE MAINTENANCE4746-379145
15.21FLEET MATERIALS & SUPPLIES4746-382342
Total : 385.92
55262 12/22/2022 00886 PACIFIC MH CONSTRUCTION INC. 191366 03824 MINOR HOME REHABILITATION GRANT PROGRAM 8,668.40 Total : 8,668.40
55263 12/22/2022 01843 PARKHOUSE TIRE, INC 2010830653 PD VEHICLE TIRES 1,397.43
99.71PD VEHICLE TIRES2010830654
Total : 1,497.14
55264 12/22/2022 01065 PRUDENTIAL OVERALL SUPPLY 23407777 P/W UNIFORMS 155.92 148.35P/W UNIFORMS23417758
38.48FLEET PROFESSIONAL SVCS23417760
146.47P/W UNIFORMS23420924
38.48FLEET PROFESSIONAL SVCS23420925
Total : 527.70
15Page:
Item Title: 10.2
Warrant Register
Item Page Number: 17
Menifee Mayor and City Council
February 1, 2023
Page
23 of 454
12/22/2022
Voucher List
City of Menifee
16 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 55265 12/22/2022 00473 PVP COMMUNICATIONS 132090 PD HELMET COMMUNICATION KIT 522.97 Total : 522.97
55266 12/22/2022 00006 R&R BUSINESS SOLUTIONS 8915 PRINTING SERVICES 184.88 878.16PD PRINTING SERVICES8917
184.88PRINTING SERVICES8919
Total : 1,247.92
55267 12/22/2022 00456 ROGERS, ANDERSON, MALODY 71620 04362 FY 21/22 AUDITING SERVICES 15,500.00 Total : 15,500.00
55268 12/22/2022 01858 SAFETY-KLEEN SYSTEMS, INC 90633133 FLEET PROFESSIONAL SVCS 215.00 Total : 215.00
55269 12/22/2022 02357 SCHOOL OUTFITTERS LLC INV13828220 FURNITURE ITEMS FOR LAZY CREEK -179.42 04187 2,451.63FURNITURE FOR LAZY CREEKINV13828220
04187
Total : 2,272.21
55270 12/22/2022 02307 SHAW HR CONSULTING, INC 006136 HR CONSULTING 192.50 Total : 192.50
55271 12/22/2022 00046 SOUTHERN CALIFORNIA EDISON 700035766267 12/5/22 NOV'22 CSA 33 STREET LIGHT SVCS 117.71
88.56NOV'22 2015-2 ANNEXATION #12 TRAFFIC SIG700055057749 12/7/22 364.20NOV'22 CENTENNIAL PARK ELECTRIC SVCS700056766363 12/8/22
10.81NOV'22 CFD 2015-2 ANNEX 12 TRAFFIC SIGNA700058132851 12/8/22
54.72NOV'22 NEWPORT BRIDGE LIGHT SVCS700088568320 12/8/22
53.05NOV'22 COMM SHACK DAILY RD ELECTRIC SVC700167267551 12/12/2
37.58NOV'22 LLMD ZONE 167 SAFETY LIGHTS SVCS700225822815 12/12/2 109.54NOV'22 LLMD ZONE 167 SIGNAL SVCS700228070080 12/6/22
74.73NOV'22 LLMD ZONE 167 SIGNAL SVCS700247913957 12/9/22 101.92NOV'22 LLMD ZONE 167 SIGNAL SVCS700249578216 12/8/22
75.14NOV'22 LLMD ZONE 167 SAFETY LIGHT SVCS700249783128 12/6/22
35.19NOV'22 PARK CITY LS3 SIGNAL SVCS700253167519 12/8/22 116.64NOV'22 PARK CITY TC-1 SIGNAL SVCS700253176512 12/8/22 113.64NOV'22 CFD 2017-1 TOWN CENTER TRAFFIC SI700268849486 12/12/2
78.93NOV'22 CFD 2017-1 TOWN CENTER TRAFFIC SI700268863432 12/12/2 16Page:
Item Title: 10.2
Warrant Register
Item Page Number: 18
Menifee Mayor and City Council
February 1, 2023
Page
24 of 454
12/22/2022
Voucher List
City of Menifee
17 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 55271 12/22/2022 (Continued)00046 SOUTHERN CALIFORNIA EDISON 106.87NOV'22 CFD 2017-1 TOWN CENTER TRAFFIC SI700268894249 12/12/2 2,937.76NOV'22 POLICE HEADQUARTERS ELECTRICAL SV700271101708 12/13/2
81.80NOV'22 AMR SILVERSTAR IRRIGATION SVCS700283505883 12/8/22 117.53NOV'22 CSA 145 IRRIGATION SVCS700285086781 12/5/22
29.60NOV'22 CFD 2015-2 ANNEX 18 STREET LIGHT700288704174 12/8/22 351.90NOV'22 P/W MOC ELECTRICAL SVCS700325024513 12/5/22
35.47NOV'22 HIDDEN HILLS PARK ELECTRIC SVCS700327396565 12/8/22 210.58NOV'22 BRIGGS RD SGNL SVC700351649393 12/7/22
37.19NOV'22 AMR SPORTS PARK ELECTRIC SVCS700352616969 12/13/2
59.72NOV'22 CSA 80 STREET LIGHTS700413389590 12/1/22
356.37NOV'22 CITY SIGNAL SVCS700528318931 12/12/2
842.03NOV'22 POLICE HEADQUARTERS ELECTRICAL SV700529353801 12/13/2 471.04NOV'22 NEWPORT RD SGNL & STREETLIGHTING700549826154 12/13/2 1,676.02OCT'22 CITY SIGNAL SVCS700555228246 12/5/22
117.63NOV'22 MCCALL TC-1 SIGNAL SVCS700589354664 12/7/22 128.60NOV'22 ANTELOPE RD TC-1 SGNL SVC700611879276 12/13/2
50.00NOV'22 CFD 2015-2 ANNEX 28 STREETLIGHT S700670073115 12/8/22
51.49NOV'22 CFD 2015-2 ANNEXATION 20 ZONE 21700692224780 12/9/22 165.90NOV'22 LAZY CREEK ELECTRICAL SVCS700710295476 12/8/22 Total : 9,259.86
55272 12/22/2022 01010 STC TRAFFIC, INC. 5438 04277 JUL'22 ENGINEERING SERVICES RECOVERABLE 10,461.50 Total : 10,461.50
55273 12/22/2022 00535 STRADLING YOCCA CARLSON & RAUT 392303-0010 04241 FY22/23 BONDED CFDS COUNSEL SVCS 9,964.72 Total : 9,964.72
55274 12/22/2022 01053 SUN CITY HARDWARE 6726777 12/01/22 COMM SVCS & P/W SUPPLIES 1,829.10 Total : 1,829.10
55275 12/22/2022 02548 TEAMSIDELINE.COM TS-INV-11556 SPORTS LEAGUE SCHEDULING SUBSCRIPTION 898.00 Total : 898.00
55276 12/22/2022 00854 THE LLOYD PEST CONTROL CO, INC 7938329 P/W PEST CONTROL SVCS 70.00
75.00CITY HALL PEST CONTROL SVCS7938331
40.00PD PEST CONTROL SVCS7938567
17Page:
Item Title: 10.2
Warrant Register
Item Page Number: 19
Menifee Mayor and City Council
February 1, 2023
Page
25 of 454
12/22/2022
Voucher List
City of Menifee
18 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 55276 12/22/2022 (Continued)00854 THE LLOYD PEST CONTROL CO, INC
99.00PD PEST CONTROL SVCS7938568
Total : 284.00
55277 12/22/2022 02521 TIME WARNER CABLE 127158101 11/21/22 DEC'22 SATELLITE SVSC (VARIOUS LOCATIONS 947.03 Total : 947.03
55278 12/22/2022 01683 TOMMY'S EXPRESS CARWASH NOV 1, 2022 NOV'22 CITY VEHICLE MAINT 210.00 917.00NOV'22 PD VEHICLE MAINTNOV 1, 22 PD
336.00OCT'22 CITY VEHICLE MAINTOCT 1, 2022
980.00OCT'22 PD VEHICLE MAINTOCT 1, 22 PD
336.00SEPT'22 CITY VEHICLE MAINTSEPT 1, 2022
903.00SEPT'22 PD VEHICLE MAINTSEPT 1, 22 PD
Total : 3,682.00
55279 12/22/2022 02446 TRASHCANS WAREHOUSE 00039756 04139 COUNCIL CHAMBER FACILITY BINS 2,401.63 Total : 2,401.63
55280 12/22/2022 01083 UNITED RENTALS 211964376-001 04375 PUMP TRACK EQUIPMENT RENTAL 2,539.22 Total : 2,539.22
55281 12/22/2022 01911 US ARMOR CORPORATION 39935 PATROL BODY ARMOR 1,081.60 Total : 1,081.60
55282 12/22/2022 02210 VERIZON CONNECT FLEET USA LLC 634000034140 NOV'22 VEHICLE GPS SERVICE 907.40 Total : 907.40
55283 12/22/2022 00960 WANCO, INC. FMI-0001538 P/W SIGN MAINTENANCE & REPLACEMENT 120.00 Total : 120.00
55284 12/22/2022 01119 WEST COAST ARBORISTS INC. 193503 04164 FY 22/23 TREE MAINTENANCE SVCS 6,877.00 Total : 6,877.00
55285 12/22/2022 01803 WEST TOW 22-109021 PD VEHICLE TOWING SVCS 130.00 Total : 130.00
55286 12/22/2022 02051 WORLDPAC INC 60966996 PD VEHICLE MAINTENANCE 115.23
97.82FLEET MATERIALS & SUPPLIES61321821
18Page:
Item Title: 10.2
Warrant Register
Item Page Number: 20
Menifee Mayor and City Council
February 1, 2023
Page
26 of 454
12/22/2022
Voucher List
City of Menifee
19 1:23:27PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 55286 12/22/2022 (Continued)02051 WORLDPAC INC
38.44PD VEHICLE MAINTENANCE61325828
70.24PD VEHICLE MAINTENANCE61343302
371.76PD VEHICLE MAINTENANCE61389131
114.97PD VEHICLE MAINTENANCE61410919
881.59PD VEHICLE MAINTENANCE61429815
106.79PD VEHICLE MAINTENANCE61589220
66.45PD VEHICLE MAINTENANCE61590619
182.79PD VEHICLE MAINTENANCE61712980
Total : 2,046.08
55287 12/22/2022 01801 YOUNGBLOOD & ASSOCIATES, INC 1923A 04273 PD COMPREHENSIVE POLYGRAPH SERVICES 600.00 Total : 600.00
Bank total : 1,741,722.01 126 Vouchers for bank code : uboc 1,741,722.01Total vouchers :Vouchers in this report 126 19Page:
Item Title: 10.2
Warrant Register
Item Page Number: 21
Menifee Mayor and City Council
February 1, 2023
Page
27 of 454
Date Paid by: Payee Description Amount
12/22/2022 ACH City Payroll Payroll Period 12/03/2022-12/16/2022 1,136,374.59$ 12/22/2022 ACH Mission Square Payroll Period 12/03/2022-12/16/2022 95,285.36$ 1/6/2023 ACH City Payroll Payroll Period 12/17/2022-12/30/2022 1,053,879.70$ 1/6/2023 ACH Mission Square Payroll Period 12/17/2022-12/30/2022 82,603.97$ TOTAL PAYROLL: 2,368,143.62$
Date Paid by: Payee Description Amount
12/28/2022 ACH CALPERS - Retirement Payroll Period 11/05/2022-11/18/2022 92,620.34$ 12/28/2022 ACH CALPERS - Retirement Payroll Period 11/05/2022-11/18/2022 112,522.53$ 1/3/2023 ACH OpenEdge Credit Card Processing Fees December 2022 24,429.43$ 1/3/2023 ACH Cardpointe Credit Card Processing Fees December 2022 1,296.68$ TOTAL OTHER EFTs: 230,868.98$
TOTAL PAYMENTS: 2,599,012.60$
Payroll Register, Taxes and Other EFTs/Wires
City of Menifee
February 1, 2023
Item Title: 10.2
Warrant Register
Item Page Number: 22
Menifee Mayor and City Council
February 1, 2023
Page
28 of 454
City of Menifee
US Bank Credit Card Detail
Nov'22
Last
Four of
CC Cardholder
Date of
Transaction Description Description Detail
Charge
Initiated For:
Amount Account Number
to be charged
**1394 City Card 11/8/2022 City Credit Card Charges HIVIS & Summit Safety - Vests for EOC EOC 65.47 100-4114-51600 **1394 City Card 11/10/2022 City Credit Card Charges Applebee's - Meals for Employee Wellness Program Human Resources 140.80 100-4222-52796 **1394 City Card 11/14/2022 City Credit Card Charges Public Agency Risk Management Assoc. - PARMA Conference Registration R.Cardenas R.Cardenas 350.00 100-4223-52210 **1394 City Card 11/14/2022 City Credit Card Charges Public Agency Risk Management Assoc. - PARMA Membership Dues N.Jacobs N.Jacobs 150.00 100-4223-52200 **1394 City Card 11/14/2022 City Credit Card Charges American Airlines - Baggage Fee for CALPELRA Conference N.Jacobs N.Jacobs 30.00 100-4223-52210 **1394 City Card 11/15/2022 City Credit Card Charges Public Agency Risk Management Assoc. - PARMA Conference Registration N.Jacobs N.Jacobs 320.00 100-4223-52210 **1394 City Card 11/15/2022 City Credit Card Charges Monterey Bay Lodge - Hotel Accommodations for CALPELRA Conference R.Cardenas R.Cardenas 579.27 100-4222-52210 **1394 City Card 11/15/2022 City Credit Card Charges Monterey Bay Lodge - Hotel Accommodations for CALPELRA Conference N.Jacobs N.Jacobs 579.27 100-4222-52210 **1394 City Card 11/17/2022 City Credit Card Charges 1-800 Flowers - Sympathy Flowers for T.Fife T.Fife 69.59 100-4222-52797 **1394 City Card 11/17/2022 City Credit Card Charges Portola Hotel - Parking for CALPELRA Conference R.Cardenas R.Cardenas 20.00 100-4222-52210 **1394 City Card 11/17/2022 City Credit Card Charges American Airlines - Airfare for CALPELRA Conference N.Jacobs N.Jacobs 175.00 100-4222-52210 **1394 City Card 11/23/2022 City Credit Card Charges Liebert Cassidy Whitmore - Registration for LCW Training B.Melton B.Melton 75.00 100-4222-52211 **1394 City Card 11/23/2022 City Credit Card Charges Public Agency Risk Management Assoc. - PARMA Membership Dues V.Barrera V.Barrera 150.00 100-4223-52200 **1394 City Card 11/23/2022 City Credit Card Charges Public Agency Risk Management Assoc. - PARMA Membership Dues V.Mendoza V.Mendoza 150.00 100-4223-52200 **1394 City Card 11/24/2022 City Credit Card Charges 1-800 Flowers - Sympathy Flowers for C.Karrer C.Karrer 96.96 100-4222-52797 **7121 City Card 11/9/2022 City Credit Card Charges Calcities Registration - City Manager's Conference Registration R.Clayton R.Clayton 750.00 100-4111-52210 **7121 City Card 11/9/2022 City Credit Card Charges PE Subscription - Press Enterprise Subscription for Public Information Office PIO 14.00 100-4121-51600 **9199 City Card 10/25/2022 City Credit Card Charges Parallels - Parallels Subscription IT 899.94 110-4115-51353 **9199 City Card 10/27/2022 City Credit Card Charges Zoom - Zoom license for Community Services Community Services 79.00 301-4660-52854 **9199 City Card 10/31/2022 City Credit Card Charges Microsoft - Project Plan Software Subscription GIS 30.00 110-4119-51353 **9199 City Card 10/31/2022 City Credit Card Charges Microsoft - Microsoft 365 Business Subscription IT 15.00 110-4115-51353 **9199 City Card 10/31/2022 City Credit Card Charges Freepik - FlatIcon Subscription IT 69.30 110-4115-51353 **9199 City Card 11/17/2022 City Credit Card Charges Fresh Works - FreshPing Subscription IT 432.00 110-4115-51353 **9199 City Card 11/19/2022 City Credit Card Charges Microsoft - Microsoft Azure Support Services IT 103.11 110-4115-51353 **9199 City Card 11/21/2022 City Credit Card Charges Network Solutions - Domain Registration for MenifeeTacoTrail.com IT 37.99 110-4115-51353 **9199 City Card 11/23/2022 City Credit Card Charges Sling.com - Sling Services for City Executive Office Executive Office 35.00 110-4111-51353 **1678 City Card 10/31/2022 City Credit Card Charges California Association for Property & Evidence - PD Training for M.Romero M.Romero 80.00 100-4911-52211 **1678 City Card 11/1/2022 City Credit Card Charges Holiday Inn - Hotel Accommodations for PD Training C.Carrino C.Carrino 165.33 100-4911-52211 **1678 City Card 11/3/2022 City Credit Card Charges Advanced Search Warrants - PD Training E.Springer E.Springer 266.85 100-4911-52211 **1678 City Card 11/3/2022 City Credit Card Charges Full Circle Training - PD Training C.Ross C.Ross 429.00 100-4911-52211 **1678 City Card 11/4/2022 City Credit Card Charges Riverside County Sheriff - Refund for PD Training K.Sandoval K.Sandoval -195.00 100-4911-52211 **1678 City Card 11/4/2022 City Credit Card Charges Riverside County Sheriff - Refund for PD Training K.Sandoval K.Sandoval -195.00 100-4911-52211 **1678 City Card 11/8/2022 City Credit Card Charges Tasercon - PD Training E.Springer E.Springer 599.00 100-4911-52211 **1678 City Card 11/8/2022 City Credit Card Charges Embassy Suites - PD Training V.Perez V.Perez 175.00 100-4911-52211 **1678 City Card 11/9/2022 City Credit Card Charges Skillpath - PD Training M.Gutierrez M.Gutierrez 159.00 100-4911-52211 **1678 City Card 11/9/2022 City Credit Card Charges MGM Grand - Hotel Accomodations for PD Training C.Carrino & E.Springer C.Carrino & E.Springer 130.39 100-4911-52211 **1678 City Card 11/9/2022 City Credit Card Charges Hilton - Hotel Accommodations for PD Training P.Barbieri P.Barbieri 437.61 100-4911-52211 **1678 City Card 11/9/2022 City Credit Card Charges MGM Grand - Hotel Accomodations for PD Training C.Carrino & E.Springer C.Carrino & E.Springer 900.67 100-4911-52211 **1678 City Card 11/13/2022 City Credit Card Charges Marriott Long Beach - Hotel Accommodations for PD Training D.Hawkins D.Hawkins 278.40 100-4911-52211 **1678 City Card 11/15/2022 City Credit Card Charges Sheraton - Hotel Accommodations for PD Training T.York T.York 563.48 100-4911-52211 **1678 City Card 11/17/2022 City Credit Card Charges Gold Coast Hotel - Deposit for Hotel Accommodations for PD Training J.Ramirez J.Ramirez 141.73 100-4911-52211 **1678 City Card 11/19/2022 City Credit Card Charges Hilton - Hotel Accommodations for PD Training C.Cox C.Cox 422.61 100-4911-52211 **1678 City Card 11/22/2022 City Credit Card Charges Gold Coast Hotel - Hotel Accommodations for PD Training J.Ramirez J.Ramirez 388.88 100-4911-52211 **1632 City Card 10/25/2022 City Credit Card Charges Focus on the Future - Focus on the Future Conference Registration N.Fidler N.Fidler 650.00 100-4551-52210 **1632 City Card 10/25/2022 City Credit Card Charges Focus on the Future - Focus on the Future Conference Registration C.Geronimo C.Geronimo 650.00 100-4555-52210 **1632 City Card 10/24/2022 City Credit Card Charges Stater Bros - Supplies for Community Services Community Services 198.56 100-4662-51011 **1632 City Card 10/25/2022 City Credit Card Charges Association of Environmental Professionals - AEP Virtual Workshop Registration R.Brown R.Brown 395.00 100-4330-52210 Item Title: 10.2
Warrant Register
Item Page Number: 23
Menifee Mayor and City Council
February 1, 2023
Page
29 of 454
City of Menifee
US Bank Credit Card Detail
Nov'22
Last
Four of
CC Cardholder
Date of
Transaction Description Description Detail
Charge
Initiated For:
Amount Account Number
to be charged
**1632 City Card 10/25/2022 City Credit Card Charges 99 Cents Store - Supplies for Day of the Dead Event Community Services 38.67 100-4662-51011 23-Muerto **1632 City Card 10/25/2022 City Credit Card Charges Office Supply - Envelopes for Accounts Payable Non-Departmental 235.01 100-4221-51010 **1632 City Card 10/25/2022 City Credit Card Charges Sticker Mule - Supplies for Community Services Community Services 379.95 100-4662-51600 **1632 City Card 10/25/2022 City Credit Card Charges Fairfield Inn - Room Rental for Economic Development Meeting Economic Development 153.17 100-4350-51720 **1632 City Card 10/25/2022 City Credit Card Charges California Transportation Commission - CTC Holiday Reception Reservation N.Fidler & C.Geronimo Public Works 73.38 100-4550-52210 **1632 City Card 10/25/2022 City Credit Card Charges The Toll Roads - Replenish City Fleet FastTrak Account Non-Departmental 190.00 100-4221-51600 **1632 City Card 10/25/2022 City Credit Card Charges Stater Bros - Supplies for Day of the Dead Event Community Services 77.65 100-4662-51011 23-Muerto **1632 City Card 10/25/2022 City Credit Card Charges Statewide Mini Storage - Additional Storage for Community Services Community Services 285.00 100-4662-51600 **1632 City Card 10/26/2022 City Credit Card Charges Savage Chef - Supplies for State of the City Event Economic Development 1955.35 100-4350-51600 **1632 City Card 10/26/2022 City Credit Card Charges American Airlines - Airfare for CALPELRA Conference N.Jacobs N.Jacobs 657.21 100-4222-52210 **1632 City Card 10/26/2022 City Credit Card Charges American Airlines - Airfare for CALPELRA Conference N.Jacobs N.Jacobs 12.10 100-4222-52100 **1632 City Card 10/27/2022 City Credit Card Charges Target - Supplies for Mighty Me Program Community Services 5.88 100-4662-51011 **1632 City Card 10/28/2022 City Credit Card Charges Target - Supplies for Mighty Me Program Community Services 97.67 100-4662-51011 **1632 City Card 10/28/2022 City Credit Card Charges Q Systems - Supplies for Economic Development Economic Development 1700.00 100-4350-51600 **1632 City Card 10/28/2022 City Credit Card Charges Savage Chef - Supplies for Economic Development Event Economic Development 1712.81 100-4350-51720 **1632 City Card 10/29/2022 City Credit Card Charges Domino's - Meals for Fall Festival Staff Community Services 60.79 100-4662-51011 23-fafest **1632 City Card 10/30/2022 City Credit Card Charges Savage Chef - Supplies for Economic Development Economic Development 435.00 100-4350-51600 **1632 City Card 10/31/2022 City Credit Card Charges Menifee Cleaners - Dry Cleaning Services for Economic Development Economic Development 40.00 100-4350-51600 **1632 City Card 11/1/2022 City Credit Card Charges Signarama - Name Plates for Community Services Community Services 167.72 100-4662-51011 **1632 City Card 11/1/2022 City Credit Card Charges Avery - Marketing Supplies for Economic Development Economic Development 35.40 100-4350-51720 **1632 City Card 11/1/2022 City Credit Card Charges CA Park & Rec Society - CPRS Conference Registration C.Bollinger C.Bollinger 465.00 100-4660-52210 **1632 City Card 11/1/2022 City Credit Card Charges CA Park & Rec Society - CPRS Conference Registration M.Gutierrez M.Gutierrez 465.00 100-4660-52210 **1632 City Card 11/1/2022 City Credit Card Charges CA Park & Rec Society - CPRS Conference Registration A.Jemmott-Wilson A.Jemmott-Wilson 465.00 100-4660-52210 **1632 City Card 11/1/2022 City Credit Card Charges CA Park & Rec Society - CPRS Conference Registration M.Rinehart M.Rinehart 465.00 100-4660-52210 **1632 City Card 11/1/2022 City Credit Card Charges CA Park & Rec Society - CPRS Conference Registration M.Mitchell M.Mitchell 465.00 100-4660-52210 **1632 City Card 11/1/2022 City Credit Card Charges Marriott Anaheim - Hotel Accommodations for CALPERS Conference G.Alarcon G.Alarcon 740.34 100-4222-52210 **1632 City Card 11/1/2022 City Credit Card Charges Marriott Anaheim - Hotel Accommodations for CALPERS Conference J.Perez J.Perez 740.34 100-4222-52210 **1632 City Card 11/1/2022 City Credit Card Charges The Toll Roads - Replenish City Fleet FastTrak Account Non-Departmental 190.00 100-4221-51600 **1632 City Card 11/1/2022 City Credit Card Charges Stater Bros - Supplies for Community Services Community Services 358.88 100-4662-51011 **1632 City Card 11/1/2022 City Credit Card Charges Marriott Anaheim - Hotel Accommodations for CALPERS Conference G.Alarcon G.Alarcon 44.38 100-4222-52210 **1632 City Card 11/1/2022 City Credit Card Charges Marriott Anaheim - Hotel Accommodations for CALPERS Conference J.Perez J.Perez 28.00 100-4222-52210 **1632 City Card 11/2/2022 City Credit Card Charges China Bros - City Council Dinner City Council 130.47 100-4110-51600 **1632 City Card 11/2/2022 City Credit Card Charges Village News Inc. - Annual Subscription to Valley News Newspaper City Council 69.95 100-4110-51600 **1632 City Card 11/4/2022 City Credit Card Charges Plaza Cleaners - Dry Cleaning Services for Fall Festival Community Services 558.70 100-4662-51011 23-fafest **1632 City Card 11/5/2022 City Credit Card Charges Target.com - Supplies for State of the City Event Economic Development 106.00 100-4350-51600 **1632 City Card 11/5/2022 City Credit Card Charges Target.com - Supplies for State of the City Event Economic Development 106.00 100-4350-51600 **1632 City Card 11/5/2022 City Credit Card Charges CSMFO - Investment Accounting Course Registration R.Funderburk R.Funderburk 200.00 100-4220-52210 **1632 City Card 11/5/2022 City Credit Card Charges Statewide Mini Storage - Additional Storage for Community Services Community Services 723.00 100-4662-51600 **1632 City Card 11/5/2022 City Credit Card Charges Westin - Hotel Accommodations for MMASC Conference M.Stephens M.Stephens 496.04 100-4111-52210 **1632 City Card 11/7/2022 City Credit Card Charges CSMFO - Governmental Tax Webinar for Finance Department Finance 200.00 100-4220-52210 **1632 City Card 11/7/2022 City Credit Card Charges Storage Valet - Portable Storage Unit for Engineering Engineering 275.00 100-4551-53150 **1632 City Card 11/10/2022 City Credit Card Charges Savage Chef - Supplies for Economic Development Economic Development 505.99 100-4350-51600 **1632 City Card 11/10/2022 City Credit Card Charges Southwest Airlines - Airfare for Government Social Media Conference B.Borunda B.Borunda 291.96 100-4121-52210 **1632 City Card 11/13/2022 City Credit Card Charges Facebook - Advertising for Economic Development Economic Development 0.06 100-4350-51410 **1632 City Card 11/13/2022 City Credit Card Charges Facebook - Advertising for Economic Development Economic Development 46.87 100-4350-51410 **1632 City Card 11/14/2022 City Credit Card Charges Murrieta Chamber of Commerce - Economic Outlook Conference Registration G.Gonzalez G.Gonzalez 60.00 100-4350-51700 **1632 City Card 11/14/2022 City Credit Card Charges Frontier - IT Satellite Office Fios & Phone Services Non-Departmental 1074.61 100-4221-52040 Item Title: 10.2
Warrant Register
Item Page Number: 24
Menifee Mayor and City Council
February 1, 2023
Page
30 of 454
City of Menifee
US Bank Credit Card Detail
Nov'22
Last
Four of
CC Cardholder
Date of
Transaction Description Description Detail
Charge
Initiated For:
Amount Account Number
to be charged
**1632 City Card 11/15/2022 City Credit Card Charges Lake Elsinore Chamber of Commerce - Workforce Update Conference Registration K.Charters K.Charters 25.00 100-4350-51700 **1632 City Card 11/15/2022 City Credit Card Charges Hyatt Regency - Hotel Accommodations for Focus on the Future Conference N.Fidler N.Fidler 505.10 100-4551-52210 **1632 City Card 11/15/2022 City Credit Card Charges Hyatt Regency - Hotel Accommodations for Focus on the Future Conference C.Geronimo C.Geronimo 505.10 100-4555-52210 **1632 City Card 11/16/2022 City Credit Card Charges Facebook - Advertising for Economic Development Economic Development 18.06 100-4350-51410 **1632 City Card 11/16/2022 City Credit Card Charges Facebook - Advertising for Economic Development Economic Development 28.76 100-4350-51410 **1632 City Card 11/16/2022 City Credit Card Charges American Airlines - Airfare for CALPELRA Conference N.Jacobs N.Jacobs -12.10 100-4222-52210 **1632 City Card 11/17/2022 City Credit Card Charges Target - Supplies for Teen Program Community Services 450.00 100-4662-51600 **1632 City Card 11/17/2022 City Credit Card Charges Pizza Factory - Gift Cards for Flag Football Program Community Services 250.00 100-4662-51600 **1632 City Card 11/17/2022 City Credit Card Charges Pizza Factory - Gift Cards for Flag Football Program Community Services 150.00 100-4662-51600 **1632 City Card 11/17/2022 City Credit Card Charges Café Rio - City Council Dinner City Council 180.33 100-4110-51600 **1632 City Card 11/18/2022 City Credit Card Charges The Toll Roads - Replenish City Fleet FastTrak Account Non-Departmental 190.00 100-4221-51600 **1632 City Card 11/21/2022 City Credit Card Charges Facebook - Advertising for Economic Development Economic Development 0.52 100-4350-51410 **1632 City Card 11/21/2022 City Credit Card Charges Facebook - Advertising for Economic Development Economic Development 90.16 100-4350-51410 **1632 City Card 11/21/2022 City Credit Card Charges Facebook - Advertising for Community Services Community Services 112.25 100-4662-51410 **1632 City Card 11/21/2022 City Credit Card Charges CSMFO - CSMFO Membership Dues M.Cortes M.Cortes 50.00 100-4220-52200 **1632 City Card 11/21/2022 City Credit Card Charges Camping World - Supplies for Firestation Trailer Fire 117.78 100-4445-51500 **1632 City Card 11/22/2022 City Credit Card Charges League of California Cities - Municipal Revenue Sources Handbooks Non-Departmental 105.00 100-4221-51010 **1632 City Card 11/23/2022 City Credit Card Charges Yeti - Supplies for Executive Office Executive Office 652.50 100-4111-51600 **1632 City Card 11/23/2022 City Credit Card Charges Target - Supplies for Economic Development Economic Development 439.98 100-4350-51600 **1632 City Card 11/23/2022 City Credit Card Charges LA Fitness - Gym Membership for Firestation 76 Fire 104.97 100-4445-52200 **1632 City Card 11/23/2022 City Credit Card Charges LA Fitness - Gym Membership for Firestation 76 Fire 139.96 100-4445-52200 **1632 City Card 11/23/2022 City Credit Card Charges CSMFO - CSMFO Membership Dues E.Torres E.Torres 50.00 100-4220-52200 **1632 City Card 11/24/2022 City Credit Card Charges Facebook - Advertising for Economic Development Economic Development 134.42 100-4350-51410 **1632 City Card 11/24/2022 City Credit Card Charges Facebook - Advertising for Community Services Community Services 71.79 100-4662-51410 **9962 City Card 11/12/2022 City Credit Card Charges Door Dash - Monthly Dash Pass Fee for City Related Meals Non-Departmental 9.99 100-4221-51600 **5725 City Card 10/27/2022 City Credit Card Charges Nothing Bundt Cakes - Meals for Education Summit Executive Office 52.00 100-4111-51600 **5725 City Card 10/27/2022 City Credit Card Charges Bushfire Kitchen - Meals for City Executive Office Meeting Executive Office 224.74 100-4111-51600 **5725 City Card 11/15/2022 City Credit Card Charges Gracie's Lunchbox - Meals for Menifee Mentors Meeting Executive Office 281.88 100-4111-51600 **9739 City Card 10/25/2022 City Credit Card Charges Smart Sign - Compost Sign for City Hall Breakroom Facilities 30.94 116-4221-51501 **9739 City Card 11/3/2022 City Credit Card Charges Elephant Enterprises - Fire Extinguisher Rental for Pump Track Grand Opening Community Services 175.00 100-4662-51600 **9739 City Card 11/4/2022 City Credit Card Charges Solid Waste Association of North America - Membership Dues K.Jones K.Jones 245.00 100-4660-52200 **9739 City Card 11/4/2022 City Credit Card Charges Temecula On Ice - Admission Tickets for Ice Skating for Teen Trip Community Services 279.00 100-4662-51600 **9739 City Card 11/8/2022 City Credit Card Charges Efavormart - Decorations for Day of the Dead Event Community Services -141.36 100-4662-51700 23-Muerto **9739 City Card 11/8/2022 City Credit Card Charges Crown Awards - Awards for Flag Footbal Program Community Services 1125.34 100-4662-51011 **9739 City Card 11/8/2022 City Credit Card Charges Sun City Florist - Get Well Flowers for Senior Advisory Committee Member Community Services 72.76 100-4662-51011 **9739 City Card 11/9/2022 City Credit Card Charges Clever Fox Escape Room - Team Building Activity for Youth Leaders Program Community Services 90.00 100-4662-51600 **9739 City Card 11/9/2022 City Credit Card Charges Clever Fox Escape Room - Team Building Activity for Youth Leaders Program Community Services 90.00 100-4662-51600 **9739 City Card 11/9/2022 City Credit Card Charges Stater Bros - Supplies for Community Services Community Services 71.29 100-4662-51011 **9739 City Card 11/15/2022 City Credit Card Charges Riverside County Health Department - Health Permits for Tree Lighting Event Community Services 332.00 100-4662-51600 23-xmas **9739 City Card 11/15/2022 City Credit Card Charges Riverside County Health Department - Health Permits for Tree Lighting Event Community Services 7.87 100-4662-51600 23-xmas **9739 City Card 11/15/2022 City Credit Card Charges Compliance Signs - Maximum Capacity Signs for Lazy Creek Facility Facilities 53.50 116-4660-51501 **9739 City Card 11/17/2022 City Credit Card Charges Stater Bros - Supplies for Mighty Me Program Community Services 125.32 100-4662-51011 **9739 City Card 11/17/2022 City Credit Card Charges Stater Bros - Supplies for Teen Program Community Services 79.06 100-4662-51011 **9739 City Card 11/22/2022 City Credit Card Charges California Resource Recovery Association - Zero Waste Certification Program Registration K.Jones K.Jones 900.00 100-4660-52211 **9739 City Card 11/23/2022 City Credit Card Charges Panera Bread - Meals for Community Services Meeting Community Services 109.05 100-4662-51011 **9739 City Card 11/23/2022 City Credit Card Charges Plaza Cleaners - Dry Cleaning Services for Community Services Community Services 271.50 100-4662-51600 **9739 City Card 11/23/2022 City Credit Card Charges Michael's - Supplies for Community Services Community Services 144.76 100-4662-51011 Item Title: 10.2
Warrant Register
Item Page Number: 25
Menifee Mayor and City Council
February 1, 2023
Page
31 of 454
City of Menifee
US Bank Credit Card Detail
Nov'22
Last
Four of
CC Cardholder
Date of
Transaction Description Description Detail
Charge
Initiated For:
Amount Account Number
to be charged
**1886 City Card 10/26/2022 City Credit Card Charges Etrailer.com - Public Works Vehicle Maintenance Fleet 75.01 115-4552-52503 **1886 City Card 10/28/2022 City Credit Card Charges Rush Truck Center - Public Works Vehicle Maintenance Fleet 462.68 115-4552-52503 **1140 City Card 10/25/2022 City Credit Card Charges ProFlowers.com - Sympath Flowers for Homeless Outreach Agent Non-Departmental 101.12 100-4221-51600 **1140 City Card 10/25/2022 City Credit Card Charges ProFlowers.com - Sympath Flowers for H.Downey Non-Departmental 100.19 100-4221-51600 **1140 City Card 10/25/2022 City Credit Card Charges Target - Supplies for PD PD 73.16 100-4911-51600 **1140 City Card 10/31/2022 City Credit Card Charges Adamson - PD Protective Devices & Accessories PD 247.53 100-4911-52751 **1140 City Card 11/4/2022 City Credit Card Charges Inland Empire Crime & Intelligence Analyst Assoc. - IECIAA Membership Dues N.Epps N.Epps 45.00 100-4911-52200 **1140 City Card 11/5/2022 City Credit Card Charges The Gallery Collection - Christmas Cards for PD PD 298.80 100-4911-51720 **0098 City Card 10/27/2022 City Credit Card Charges Chewy.com - K9 Supplies PD 244.81 100-4911-52753 **0098 City Card 10/28/2022 City Credit Card Charges DoubleTree Golf Resort - Hotel Accommodations for PD Training E.Varso E.Varso 636.00 100-4911-52211 **0098 City Card 11/2/2022 City Credit Card Charges Mailchimp - Mailchimp Subscription for PD PD 59.00 100-4911-51720 **0098 City Card 11/3/2022 City Credit Card Charges 5.11 Tactical - PD Volunteer Uniforms PD 691.56 100-4911-52509 **0098 City Card 11/23/2022 City Credit Card Charges Chewy.com - K9 Supplies PD 244.81 100-4911-52753 **1016 City Card 10/26/2022 City Credit Card Charges Remarkable - Executive Office Supplies Executive Office 2.99 100-4111-51600 **1016 City Card 11/22/2022 City Credit Card Charges Apple.com - Extra Storage for City Manager Iphone Executive Office 0.99 100-4111-51600 **4538 City Card 10/31/2022 City Credit Card Charges Whittco - Public Works Materials & Supplies Public Works 63.13 200-4552-51501 **4538 City Card 11/8/2022 City Credit Card Charges PTI Sand & Gravel - Public Works Materials & Supplies Public Works 323.25 200-4552-51501 **4538 City Card 11/9/2022 City Credit Card Charges Don's Lock & Key - Public Works Materials & Supplies Public Works 27.19 200-4552-51501 **4538 City Card 11/14/2022 City Credit Card Charges Napa Auto Parts - Public Works Small Tools & Field Equipment Public Works 55.45 200-4552-51500 42384.45
Item Title: 10.2
Warrant Register
Item Page Number: 26
Menifee Mayor and City Council
February 1, 2023
Page
32 of 454
A/P Void Check Listing
as at 12/31/2022
Status
18,533.69
Total Checks: 18,533.69
440.00
55139 12/16/2022 02357 SCHOOL OUTFITTERS LLC V 12/21/2022 INV13828220 08/03/2022 2,451.63 2,451.63 1,107.06 1,107.06
55117 12/16/2022 00474 GUTIERREZ, DAVID V 12/21/2022 CK REQ 11/14/22 11/14/2022 440.00 11/01/2022 14,535.00 14,535.00
54956 12/02/2022 00857 MOTOPORT USA V 12/09/2022 150965 10/31/2022 Invoice Inv. Date Amount Paid Check Total
54638 11/04/2022 00136 DIV OF ADMIN SVCS, ACCTG DEPARTMENT OF CONSERVATION V 12/19/2022 CK REQ 11/1/22 Check # Date Vendor Clear/Void Date
Item Title: 10.2
Warrant Register
Item Page Number: 27
Menifee Mayor and City Council
February 1, 2023
Page
33 of 454
CITY OF MENIFEE
SUBJECT: Treasurer's Report – October 2022
MEETING DATE: February 1, 2023
TO: Mayor and City Council
PREPARED BY: Ann-Marie Etienne, Finance Manager
REVIEWED BY: Regina Funderburk, Chief Financial Officer APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve the Treasurer’s Report for October 2022.
DISCUSSION
Attached is the signed Treasurer’s Report for Cash and Investments as of October 31, 2022.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Treasurer’s Report as of October 31, 2022
Item Title: 10.3
Treasurer's Report – October 2022
Item Page Number: 1
Menifee Mayor and City Council
February 1, 2023
Page
34 of 454
Item Title: 10.3
Treasurer's Report – October 2022
Item Page Number: 2
Menifee Mayor and City Council
February 1, 2023
Page
35 of 454
CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of Ordinance Approving Change of Zone to expand the Economic Development
Corridor Community Core to Scott Road, update the Business Park Description and Change the Permitted Use Table for Business Park and Economic Development Corridor
MEETING DATE: February 1, 2023
TO: Mayor and City Council
PREPARED BY: Orlando Hernandez, Planning Manager
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt an Ordinance approving Change of Zone No. PLN21-0405; a change to the Business Park land use description in Section 9.135.020 (Description and Intent of Zone); and a change to Table 9.135.030-1 of the Development Code pertaining to general warehousing, guns and ammunition stores, manufacturing handcraft, manufacturing light- intensity and self-storage facilities.
DISCUSSION
At the January 18, 2023, City Council meeting, the Council introduced the attached Ordinance for Change of Zone No. PLN 21-0405. This is the required second reading and adoption.
The Change of Zone involves changing the zone consisting of 533.9 acres of property from Economic Development Corridor Southern Gateway to Economic Development Corridor Community Core (EDC-CC), as well as amending the Business Park land use Description and list of permitted uses for the Business Park and EDC-CC zoning districts. Additionally, the Council made changes to the self-storage use in the permitted use table as outlined in the Ordinance.
STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community
Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 1
Menifee Mayor and City Council
February 1, 2023
Page
36 of 454
City of Menifee Staff Report
Ordinance Second Reading and Adoption Approving Change of Zone No. PLN21-0405 February 1, 2023
1 3
8 8
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Ordinance – Change of Zone
2. Exhibit A to Ordinance
Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 2
Menifee Mayor and City Council
February 1, 2023
Page
37 of 454
ORDINANCE NO. 23-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING CHANGE OF ZONE NO. PLN21-0405, WHICH
CHANGES: 1) THE ZONING CLASSIFICATION OF 28 PROPERTIES
CONSISTING OF 533.9 ACRES ON PROPERTY FROM ECONOMIC
DEVELOPMENT CORRIDOR SOUTHERN GATEWAY (EDC-SG) TO
ECONOMIC DEVELOPMENT CORRIDOR COMMUNITY CORE (EDC-
CC); 2) UPDATE THE DEFINITION OF THE BUSINESS PARK LAND USE DESIGNATION; AND 3) CHANGE THE PERMITTED USE TABLE
FOR BUSINESS PARK AND ECONOMIC DEVELOPMENT CORRIDOR
ZONING DISTRICTS
WHEREAS, on December 10, 2021, the City of Menifee created an application for Change of Zone (COZ) No. PLN 21-0405 to: 1) change the zoning map on 533.9 acres to be consistent with the new General Plan Land Use; 2) update the definition of the Business Park (BP) land use designation; and 3) change the Permitted Use Table for the Business Park zoning district. The definition of the BP land use designation would be revised to remove warehouse/distribution uses as permitted uses within BP-designated land in Menifee; and,
WHEREAS, the application for the General Plan Amendment is being processed concurrently with application for a General Plan Amendment No. PLN 21-0404 located on properties south of Garbani Road, north of Scott Road, east of Sherman Road, and west of Palomar Road; and
WHEREAS, on November 9, 2022, the Planning Commission held a duly noticed public hearing on the modification, considered all public testimony as well as all materials in the staff report and accompanying documents for COZ No. PLN21-0405, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 300 feet of the modification’s boundaries, and to persons requesting public notice; and WHEREAS, at the November 9, 2022, Planning Commission public hearing, based upon the materials in the staff report and accompanying documents, public comment, and Planning Commission discussion, the City of Menifee Planning Commission recommended that the City Council approve COZ No. PLN21-0405; and, WHEREAS, on January 18, 2023, the City Council held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Project, including the consideration of the Addendum, which hearing was publicly noticed by The Press Enterprise, a newspaper of general circulation, an agenda posting, and to persons requesting public notice; and NOW, THEREFORE, the City Council of the City of Menifee does ordain as follows:
Section 1: The proposed COZ is consistent with the intent of the goals and policies of the General Plan
The general plan and zoning for the project site is Economic Development Corridor. The proposed modifications to: 1) amend the General Plan Land Use Map for 533.9 acres of land (28 parcels) from EDC-SG to EDC-CC land use designation in the southern portion of Menifee; 2) amend Exhibit LU-3 (Land Use Designations) of the general plan; 3) Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 3
Menifee Mayor and City Council
February 1, 2023
Page
38 of 454
Change of Zone No. PLN21-0405
amend Exhibit LU-4 (Land Use Buildout Summary) of the general plan; 4) amend the Land Use Background Document and Definitions; and 5) amend the Economic Development Corridor subareas that will provide consistency with previous changes in the Economic Development Corridor subareas. As proposed, the project will remain consistent with the General Plan by being strategic with development in certain parts of the City.
Section 2:The proposed COZ prescribes reasonable controls and standards to ensure compatibility with other established uses.
The proposed amendments as outline in Finding 1, prescribe reasonable controls and standards to ensure compatibility with other established uses in the area. The expansion of the Community Core District will eliminate certain uses that may create certain environmental impacts and will be compatible with the existing commercial uses established north of the project site. Additionally, the amendment to the Land Use Business Park designation will ensure that there is more compatibility between the uses allowed in the Business Park and adjacent zoning districts.
Section 3: The proposed COZ provides reasonable property development rights while protecting environmentally sensitive land uses and species.
Although the expansion to the Community Core District will restrict certain uses, the reasonable property development rights of landowners will not be significantly impacted.
The proposed changes seek to preserve the character of the corridor while creating a framework for thoughtful and compatible growth.
Section 4: The proposed COZ ensures protection of the general health, safety and welfare of the community.
The amendments as outline in Finding 1, will not result in conditions detrimental to the public health, safety, or general welfare as currently proposed. The land use change and general plan text amendment does not involve physical construction; however, it does restrict certain land uses in order to maintain a commercial/office corridor aligned with the City’s vision for the EDC corridor. Additionally, the removal of warehousing/distribution as a permitted use in the Business Park designation will further protect residential land uses adjacent to Business Park. Future development under the proposed land uses will be required to meet City zoning and design standards which further ensure compatibility with other established uses.
Therefore, the modification would not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the impacted vicinity.
Section 5: CEQA Compliance. The City is the lead agency under the California Environmental Quality Act (CEQA). The City certified the General Plan EIR (State Clearinghouse No. 2012071033) by Resolution No. 13-347 on December 18, 2013, and certified the Housing Element Update EIR by Resolution No. 21-1111 on December 15, 2021, in compliance with CEQA. Following review of the proposed project, the City as the Lead Agency, determined it is subject to CEQA Guidelines and regulations. The City has prepared an Addendum to the General Plan EIR and Housing Element Update EIR to analyze the potential impacts associated with the proposed project (GPA and COZ) and satisfy the requirements of CEQA Guidelines Section 15164, Addendum to an EIR or Negative Declaration.
Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 4
Menifee Mayor and City Council
February 1, 2023
Page
39 of 454
Change of Zone No. PLN21-0405
Section 6: Approval of the COZ. The City Council hereby approves COZ No. PLN21- 0405 to: 1) change 28 parcels from EDC-SG to EDC-CC; 2) update the definition of the Business Park (BP) land use designation; and 3) change the permitted use table for the Business Park and EDC zoning districts as shown in Exhibit “A” of this Ordinance.
Section 7: Effective Date. The Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption.
Section 8: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 9: Notice of Adoption. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c).
This Ordinance was introduced and read on the 18th day of January 2023 and PASSED, APPROVED AND ADOPTED this 1st day of February 2023.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
A. Kay Vinson, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 5
Menifee Mayor and City Council
February 1, 2023
Page
40 of 454
Exhibit A
Chapter 9.135 Commercial and Industrial Zones
9.135.020 Description and Intent of Zone
The following descriptions of each commercial and industrial zoning district identify the general characteristic uses, intensity of uses, and type of development intended for that district:
A.Commercial Retail (CR). Allows neighborhood, local, and regional serving retail and service uses. Hotels are also permitted in this designation. The permissible development density is between the minimum and maximum floor area ratio (FAR) of 0.20 – 0.35.
B.Commercial Office (CO). Allows a variety of office-related uses, including financial, legal, insurance and other office services; corporate offices; supporting hotel and ancillary retail uses are also permitted. The permissible development density is between the minimum and maximum floor area ratio (FAR) of 0.25 – 1.00.
C.Business Park (BP). Allows industrial and related uses including warehousing/distribution, assembly and light manufacturing, repair facilities, and business parks, including corporate offices. Employee-intensive uses, including research and development, technology centers, "clean" industry, and supporting hotel and ancillary retail uses are also permitted. The permissible development density is between the minimum and maximum floor area ratio (FAR) of 0.25 – 0.60.
D.Heavy Industry (HI). Allows more intense industrial activities, such as manufacturing uses, that can generate significant impacts such as excessive noise, dust, and other nuisances. The permissible development density is between the minimum and maximum floor area ratio (FAR) of 0.15 – 0.50.
9.135.030 Allowed Uses and Approval Requirements
A.Allowed Use Table. Table 9.135.030-1 identifies allowed uses and corresponding approval requirements for the commercial and industrial zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6 of this title (Definitions). The list of land uses on Table 9.135.030 shall be permitted in one or more of commercial and industrial zones as indicated in the columns corresponding to each zone.
B.Approval Requirements. Where indicated with a letter “P” the use shall be a permitted use. A letter “C” indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a “--,” the use is prohibited within the zone. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table
9.135.030-1 authorize a use without satisfaction of such specified additional requirements C.Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of the listed zones. The Community Development Director may make a determination pursuant to Chapter 9.95 (Similar Use Determination) that new uses not listed here that have substantially Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 6
Menifee Mayor and City Council
February 1, 2023
Page
41 of 454
similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.
Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Adult businesses -- -- -- -- See Ordinance XX
Airport -- -- -- C
Ambulance services C C P P
Amusement arcade P -- C --
Amusement park, (including multiple
activities such as simulated flying,
racing, mini-golf, etc.)
Indoor
Outdoor
P
C
P
C
Animals, Small (e.g. hamsters, rabbits,
chinchillas, and similar sized animals)
Non-Commercial
Commercial
P
--
P
--
P
--
P
--
Chapter 9.235 (Animal
Keeping)
Animal hospitals and veterinary services
(with outdoor facilities)
P
C
--
P
C
C
--
Animal Rescue -- -- C C Chapter 9.235 (Animal
Keeping)
Antique shops, pawn shops, thrift stores P -- C -- Outside collection bins prohibited
Art gallery, library, reading room,
museum. P P -- --
Art supply shops and studios. P P P --
Auction Houses P -- P --
Auditoriums, event centers and
assembly areas, including live
entertainment:
Indoor
Outdoor
P
C
C
--
P
C
--
--
Bakery goods distributors. P -- P P
Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 7
Menifee Mayor and City Council
February 1, 2023
Page
42 of 454
Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Bakery shops, Coffeehouse, Cybercafé,
Delicatessens, Ice cream shops P P P --
Banks and financial institutions. P P P --
Banquet facilities. C -- C --
Batting cages – indoor
Outdoor
P
C -- C
C --
Billiard and pool halls, Bowling alleys P -- P -- Chapter 9.250 (Alcohol Sales)
Breweries, distilleries, and wine making
facilities with on-site tasting room and
sales for off-site consumption
C -- P -- Chapter 9.250 (Alcohol
Sales)
Business services P P P --
Car washes P -- C
Caretaker residence or on-site operator
residence, only as accessory to primary
use
C C C C
Catering services P -- P --
Cemeteries and mausoleums -- -- C C
Clinics, including but not limited to
medical and urgent care C C C --
Collection Containers -- -- -- --
Commercial television and radio
broadcast structures -- -- -- P
Concrete batch plants and asphalt plants -- -- -- C
Congregate care facility -- C C --
Chapter 9.270
(Community Care
Facilities)
Contractor, landscape and building
materials storage yard -- -- C C
Convenience stores, not including the
sale of motor vehicle fuel P -- P --
Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 8
Menifee Mayor and City Council
February 1, 2023
Page
43 of 454
Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Dance Halls, night clubs, discos,
cabarets, cocktail lounges, lodges and
incidental dancing areas, and similar
facilities where dancing is the principal
use
C -- C -- Chapter 9.250 (Alcohol
Sales)
Day Care Center P C C --
Chapter 9.270
(Community Care
Facilities)
Department stores P -- P --
Drug Store P P -- --
Dry cleaning and laundromats (except
uniform supply and industrial
launderers);
P C C --
Educational Institution C C C C
Emergency shelters -- -- -- P In locations specified in the Housing Element
Equipment sales and rental, Large
(including large vehicles, trucks with
beds over 18 feet in length, eighteen
plus (18+) wheelers, and construction
equipment)
-- -- -- C
Equipment sales and rental, Small
(including rototillers, power mowers,
sanders, power saws, cement and
plaster mixers not exceeding 20 cubic
feet in capacity and other similar
equipment)
P -- C C
Fast food/quick service, with drive-
through C C C --
Fast food/quick service, without drive-
through P P P --
Feed and grain sales C -- -- P
Fertilizer production and processing
(organic or inorganic) -- -- -- C
Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 9
Menifee Mayor and City Council
February 1, 2023
Page
44 of 454
Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Funeral parlor, mortuary with
crematorium -- C C --
Funeral parlor, mortuary without
crematorium P C C --
Gas station with/without convenience
store, with or without alcoholic
beverage sales, and with or without car
wash
C -- C C
General retail P -- -- --
General warehousing, distribution
centers, and storage (except noxious,
explosives, or dangerous materials)
-- -- P P
Golf Course -- -- -- --
Golf driving range (not in association
with full scale course) C -- C --
Governmental facility P P P P
Grocery Store P -- -- -- Chapter 9.250 (Alcohol
Sales)
Hardware and Building Supplies
without outdoor sales/storage
with outdoor sales/storage
P
C
--
--
P
C
P
C
Health, fitness, dance, martial arts
studio
<5,000 sq.ft.
>5,000 sq.ft
P
C
C
C
P
C
--
Heliports -- -- C C
Hospital C C -- --
Hotels and resort hotels P C C --
Kennel or cattery -- -- C C Chapter 9.235 (Animal
Keeping)
---
Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 10
Menifee Mayor and City Council
February 1, 2023
Page
45 of 454
Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Laboratories, research and development P P P --
Live/work units C C C --
Lumber yard -- -- -- C
Manufacturing, Handcraft P P P P
Manufacturing, Light-Intensity -- C P P
Manufacturing, Medium-Intensity -- C C P
Manufacturing, Heavy-Intensity -- -- -- P
Marijuana dispensaries, mobile
marijuana dispensaries, marijuana
cultivation, and marijuana processing
-- -- -- --
Massage Establishment C C -- --
Material storage yard -- -- C P
Membership clubs, organizations, and
lounges C C C --
Mobile home sales and storage, trailer
sales and rental house trailers C -- C C
Motels C -- -- --
Motocross Facilities, Bicycle (BMX)
course -- -- -- --
Motor vehicle body, paint and
upholstery shops C -- C P
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle parts and supply stores P -- C --
Motor vehicle repair/services (e.g. tune-
ups, emission tests, brakes, tires,
batteries, electrical)
P -- C P
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle repairs/services - major
(e.g., engine and transmission
repair/rebuild, etc.)
-- -- C P
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 11
Menifee Mayor and City Council
February 1, 2023
Page
46 of 454
Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Motor vehicle sales and rental (including
outdoor display area and repairs
associated with sales)
C -- C --
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle wholesale, with no
outdoor display P P P P
Motor vehicle impound, wrecking and
junk yards -- -- -- C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Motor vehicle, trailer or boat storage -- -- C (indoor
only) C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Nurseries and garden supply, indoor and
outdoor (retail sales only) P -- -- P
Does not include
cultivation of
marijuana/cannabis.
Offices, professional and medical P P P --
Parking lots and parking structures P P P P
Personal and Professional Services P -- P --
Public utility substations and storage
buildings -- -- -- P
Radio and television broadcasting and
recording studios P -- P --
Recreational vehicle, trailer and mobile
home sales and rental. C -- C C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Recycling collection facilities C -- C C Chapter 9.280
(Recycling Facilities)
Recycling processing facilities -- -- C C Chapter 9.280 (Recycling Facilities)
Religious institutions P P P P
Restaurant P P P P Chapter 9.250 (Alcohol
sales)
Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 12
Menifee Mayor and City Council
February 1, 2023
Page
47 of 454
Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Residential care facility -- C -- --
Chapter 9.270
(Community Care
Facilities)
Restaurants with breweries, distilleries
and/or wine making facilities with sales
for on-site and off-site consumption
C C C C Chapter 9.250 (Alcohol
sales)
Self-Storage, public storage facilities C -- C P
Shooting range; Indoor -- -- C --
Shooting range; Outdoor -- -- -- --
Simulated shooting games, Indoor (laser
tag, etc.) C -- C --
Simulated shooting games, Outdoor
(paintball, etc.) -- -- -- --
Solid Waste Disposal -- -- -- C
Specialized Retail P -- P --
Sports and recreational facilities (not
including motor driven vehicles and
riding academies, but including archery
ranges, athletic playgrounds, athletic
fields, sports arenas, skating rinks, skate
parks stadiums, and commercial
swimming pools)
Indoor
Outdoor
P
C
--
--
C
C
--
--
Studios for professional work in or
teaching of any form of fine arts P C P --
Swap Meets (Indoor only) C -- -- C All activities must be conducted indoors.
Tattoo Establishments C C C -- Chapter 9.265 (Tattoo
Establishments)
Theater C -- C --
Tourist information centers P P P --
Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 13
Menifee Mayor and City Council
February 1, 2023
Page
48 of 454
Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Towing services (with tow truck parking
- no auto storage) -- -- P P
Towing services (with tow truck parking
and auto storage) -- -- -- C
Chapter 9.240 (Motor
Vehicle and Related
Uses)
Transportation Stations (bus, railroad
and taxi) P P P P
Trucking and freighting operations -- -- -- C
Uniform supplier and industrial
launderers -- -- C P
Utility offices, uses, and structures P P P P
Vehicle storage and impoundment
within an enclosed building -- -- P P
Vocational/trade school; C -- P C
Warehouse/club store, Standalone
facility 50,000 sq. ft. or larger C -- C --
Wholesale businesses with samples on
the premises but not including storage P -- P --
Wholesale stores and distributors -- -- C --
Wireless Communication Facilities C C C C
Chapter 9.290
(Wireless
Communications
Facilities)
Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 14
Menifee Mayor and City Council
February 1, 2023
Page
49 of 454
Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Dry cleaning and laundromat (except uniform
supply and industrial launderers); -- C P P C
Educational Institution C C C C C
Emergency shelters 1 P P P P P
As mandated by
State law and
City Housing
Element. See
footnote1
below.
Equipment (new) sales, Large (including large
vehicles, trucks with beds over 18 feet in
length, eighteen plus (18+) wheelers, and
construction equipment)
P -- -- -- C
May not be
located within
1,000 feet of
the freeway
right-of-way.
Equipment (new) sales Small (including
rototillers, power mowers, sanders, power
saws, cement and plaster mixers not
exceeding 20 cubic feet in capacity and other
similar equipment)
P C C C C
May not be
located within
1,000 feet of
the freeway
right-of-way.
Fast food/quick service, with drive-through; C C C C C
Fast food/quick service, without drive-
through P P P P P
Feed and grain sales C -- -- P C
Fertilizer production and processing organic
or inorganic -- -- -- -- --
Gas station with or without a convenience
store, with or without alcoholic beverage
sales, and with or without car wash
C C C C C
Chapter 9.250
(Alcohol Sales).
In SG-May not
be located
south of Scott
Road.
General Retail P P P P P
Golf Course -- C C C --
Golf driving range (not in association with full
scale course) C C C C C
Governmental facility P P P P P
Grocery Store, Drug Store P P P P P Chapter 9.250
(Alcohol Sales)
Guns and ammunition store C -- --
C
C C
Hardware or Building Supplies Sales
without outdoor sales/storage
with outdoor sales/storage
P
C
P
C
P
C
P
C
P
C
Health, fitness, dance, martial arts studio
<5,000 sq.ft.
>5,000 sq.ft
P
C
P
C
P
C
P
C
P
C
Heliports C C C C C
Hospital C C C C C
Hotels and resort hotels P P P P P
Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 15
Menifee Mayor and City Council
February 1, 2023
Page
50 of 454
Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Kennel or cattery C C C C C
Chapter 9.235
(Animal
Keeping)
Live/work units (2) C C C C C
Manufacturing, Handcraft P C C P C P
Manufacturing, Light-Intensity P C C P C P
Manufacturing, Medium-Intensity P -- -- -- P
Manufacturing, Heavy-Intensity C -- -- -- --
Marijuana dispensaries, mobile marijuana
dispensaries, marijuana cultivation, and
marijuana processing
-- -- -- -- --
Massage Establishment P C C C C
Meat packaging plants, poultry and egg
processing, processing and rendering of fats
and oils
-- -- -- -- --
Membership clubs, organizations, and
lounges C C C C C
Mobile home sales and storage, trailer sales
and rental house trailers C -- -- -- --
Motocross Facilities, Bicycle (BMX) course C -- -- -- -- Motor vehicle body, paint and upholstery
shops P C -- C C
Chapter 9.240
(Motor Vehicle
and Related
Uses)
Motor vehicle repair/services (e.g. tune-ups,
emission tests, brakes, tires, batteries,
electrical
P P C P P
Chapter 9.240
(Motor Vehicle
and Related
Uses)
Motor vehicle repairs - major (e.g., engine
and transmission repair/rebuild, etc.) C C -- C C
Chapter 9.240
(Motor Vehicle
and Related
Uses)
Motor vehicle sales and rental (including
outdoor display area and repairs associated
with sales):
Automobiles Sales
Automobile Rental
Boats and RVs Sales and Rental
C
C
C
C
C
C
C*
C
C
C
C
C
C
C
C
Chapter 9.240
(Motor Vehicle
and Related
Uses).
*P - Permitted
in the EDC-CC
Auto Overlay
Motor vehicle wholesale, with no outdoor
display C -- -- -- --
Motor vehicle wrecking and junk yards -- -- -- -- --
Chapter 9.240
(Motor Vehicle
and Related
Uses)
Motor vehicle, trailer or boat storage –
Indoor
Outdoor
--
--
--
--
--
--
--
--
--
--
Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 16
Menifee Mayor and City Council
February 1, 2023
Page
51 of 454
Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Religious Institutions C C C C C
Research and development (except noxious,
explosives, or dangerous materials) P -- P -- P
Residential care facility C C C C C
May not be
located within
1,000 feet of
the I-215 right-
of-way.
Restaurants P P P P P Chapter 9.250
(Alcohol sales)
Restaurants with ancillary breweries,
distilleries and/or wine making facilities with
sales for on-site and off-site consumption
P P P P P Chapter 9.250
(Alcohol sales)
Self-Storage, public storage facilities (new) -- -- -- -- -- Self-Storage, public storage facilities with or
without manager’s residence onsite (existing as
of the effective date of this ordinance)
C C C C C
May expand
only within the
footprint of the
existing
development/p
roperty.
Shooting range; Indoor P C C C C
Shooting range; Outdoor -- -- -- -- --
Single-family residences C C C C C
Requires
tentative tract
map approval.
May not be
located within
1,000 feet of
the I-215 right-
of-way.
Smoking Lounge C C C C C
Solid Waste Disposal -- -- -- -- --
Sports and recreational facilities (not
including motor driven vehicles and riding
academies, but including archery ranges,
athletic playgrounds, athletic fields, sports
arenas, skating rinks, skate parks, stadiums,
and commercial swimming pools)
C C C -- C
Swap Meets (Indoor only) -- -- -- -- --
Tattoo Establishments C C C -- --
Chapter 9.265
(Tattoo
Establishments)
Theaters C C P C P
Towing services (with tow truck parking, no
auto storage) p C -- -- C
Truck stops -- -- -- -- --
Trucking and freighting operations C C -- -- C
Vocational/trade school; P C C C P
Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 17
Menifee Mayor and City Council
February 1, 2023
Page
52 of 454
Updated Zoning Map
Item Title: 10.4
Second
Reading
and
Adoption
of
Ordinance
Approving
Change
of
Zone
to
expand
the
Economic
Development
Corridor
Community
Core
to
Scott
Road,
update
the
Business
Park
Description
and
Change
the
Permitted
Use
Table
for
Business
Park and Economic Development Corridor
Item Page Number: 18
Menifee Mayor and City Council
February 1, 2023
Page
53 of 454
CITY OF MENIFEE
SUBJECT: Approval of Purchase and Sale Agreement for Acquisition of Real Property
MEETING DATE: February 1, 2023
TO: Mayor and City Council
PREPARED BY: Gina Gonzalez, Economic Development Director REVIEWED BY: Rochelle Clayton, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Purchase and Sale Agreement for real property between Bank of America, National Association and the City of Menifee, for property located at 26800 Cherry Hills Blvd, Menifee, CA (APN 337310009) in an amount not-to- exceed of $1.675M; and
2. Designate the City Manager to execute any agreements or documents required for the acquisition of real property (APN 337310009) including but not limited to escrow, broker fees, title, insurance, and formal bonding appraisal in a not-to-exceed amount of $40,000; and
3. Approve Phase I Tenant Capital Improvement Project budget of $500,000 for necessary improvements; and
4. Adopt a Budget Amendment Resolution (BAR) appropriating $2,215,000 in expenditures and revenues from American Rescue Plan (ARP) funds towards the purchase of the Bank of America property and related tenant improvements.
DISCUSSION
Since the City’s incorporation in 2008, Menifee has experienced extraordinary growth and is now considered California’s #1 Boomtown and #5 Boomtown in the nation because of it. The City has been working in overdrive to provide expanded services to residents and businesses to meet the needs of the growing population. In its 14th year since incorporation, Menifee still has limited facilities and assets available to build programming and partnerships.
Item Title: 10.5
Approval of Purchase and Sale Agreement for Acquisition of Real Property Item Page Number: 1
Menifee Mayor and City Council
February 1, 2023
Page
54 of 454
City of Menifee Staff Report
Approval of Purchase and Sale Agreement for Acquisition of Real Property February 1, 2023
1 3
7 0
In 2020, City staff began looking for available office space for general services because of its overall expanded growing population and needs. Such uses may include office space for city services, space to expand police department programs and services, community classes and programs, facility rental space for the public to utilize, four-year education partnership space, or a business incubator. With limited inventory of office space available, finding suitable space to meet the demand has proven to be particularly challenging. As a relatively new and still developing community, the space that has been available is either new construction or existing properties that are outdated where the improvements outweigh the benefit of the acquisition.
While staff has continued to track properties throughout the City, recently they were made aware of an upcoming opportunity with the vacated Bank of America building located at Cherry Hills Plaza.
Bank of America Corporate has made a conscious effort to permanently close various facilities across the nation, including the Sun City location. The consolidation of Bank of America resources and services is largely due to the pandemic as well as the availability of 24/7 online banking, mobile banking, and ATMs being able to provide banker service. At this time the only physical Bank of America location within Menifee is the Antelope branch located at 30187 Antelope Road, Menifee, CA 92584. The Sun City location is presently vacant, and it is the intent of Bank of America to sell the property. Staff has screened the property to assess if the site could potentially help address some of the existing spacing needs, as well as ensure maximum potential use of the property.
To better serve the Menifee community, the facility is being proposed to house in-part of the building, a larger municipal Police substation for the following uses and divisions, and incorporate a welcome service counter for the public:
•Front Counter Reporting
•Problem Oriented Policing (POP) Team
•Patrol
•Traffic Division
The current Menifee PD substation is located at 28115 Bradley Road in the Cherry Hills Plaza and is a relatively small space consisting of 2,000 sq ft in size. With the increasing need for services and the growing Menifee community, additional space is needed for the substation to adequately provide a full-service community policing department. The current lease for the existing substation site has five years remaining under the term. To maximize use of this leased space, the City’s Office of Economic Development would propose that the facility be converted from a Police substation to a start-up business incubator that would focus on industries/companies tied to the Comprehensive Economic Development Strategy (CEDS) and the City’s Strategic Plan. The Office of Economic Development is currently working on an Incubator Feasibility Study with an anticipated completion date of fall 2023. Once completed the proposal would include an agreement with a third-party stakeholder to facilitate the incubator.
Business incubators provide a much-needed workspace, mentorship, education, and access to investors that allow entrepreneurs and start-up businesses to take formal shape at a lower cost during the early stages of business growth.
Item Title: 10.5
Approval of Purchase and Sale Agreement for Acquisition of Real Property Item Page Number: 2
Menifee Mayor and City Council
February 1, 2023
Page
55 of 454
City of Menifee Staff Report
Approval of Purchase and Sale Agreement for Acquisition of Real Property February 1, 2023
1 3
7 0
At this time, acquiring the Bank of America facility would provide sufficient time to appropriately make improvements that would be needed for a functioning Police substation, and prepare for improvements to the existing substation if the need for a full-functioning incubator is needed.
ASSESSMENT/ANALYSIS OF FACILITY
The current Bank of America facility located at Cherry Hills Plaza was built in 1965. The building itself is 8,898 sq. ft. and the total property size is 44,867 sq. ft. that currently has 30 free surface parking spaces.
Comparables reviewed for this facility ranged from $441/ sq. ft. ($3.9M) to $244.68/sq. ft. ($2.1M) (poor condition); with the Chase Bank in Sun City being purchased recently for $488.72/ sq. ft.
SITE VISIT 1
Staff met with the property owner’s broker onsite in November 2022, to complete an internal inspection of the facility, and found the facility to be in solid condition, including infrastructure, service counter, air conditioner and heater, etc. The outside façade was also in serviceable condition, with a small section above the ATM that would eventually need to be resurfaced, re- stucco of the ATM enclosure and updating the trash enclosure to current standards.
SITE VISIT 2
The Community Services Department, who oversees management of all City facilities, has completed another walk through of the building on January 17, 2023.
ENVIRONMENTAL SITE ASSESSMENT
Additionally, as part of the City’s due diligence, staff received the following important property related reports on the property/facility, which have all come back cleared of any significant issues.
1. Formal survey
2. Complete Interior and Exterior Survey Report
3. Phase I ESA
4. Title Report
The following report came back requiring notifications and training per OSHA:
5. Lead Path of Construction Survey
6. Asbestos Abatement Closeout Report
The beige paint on the exterior walls (only) are considered lead-containing paint (LCP) which was limited to only assessing building components located within the Point of Care (POC). If areas outside the scope of assessment for this survey may be disturbed, additional assessments may be required. In accordance with the OSHA Lead in Construction Regulation (29 CFR, Part 1926.62), contractors who may disturb lead-containing surface coatings will be notified of the lead testing results prior to disturbance and that the contractor must take appropriate actions to comply with the OSHA Lead in Construction Regulation. Workers performing work activities impacting or disturbing lead-containing surface coatings, at a minimum, must have a two-hour lead awareness training in accordance with the OSHA Lead in Construction Regulation.
Item Title: 10.5
Approval of Purchase and Sale Agreement for Acquisition of Real Property Item Page Number: 3
Menifee Mayor and City Council
February 1, 2023
Page
56 of 454
City of Menifee Staff Report
Approval of Purchase and Sale Agreement for Acquisition of Real Property February 1, 2023
1 3
7 0
Additionally, the surface flooring in some areas of the facility have asbestos, which due to the age of the facility is common. Proper monitoring of the flooring removal through a certified contractor would be required during the demolition stage of tenant improvements for the facility.
PURCHASE AND SALE AGREEMENT
The attached Purchase and Sale Agreement was reviewed by the City Attorney’s office. The cost for the facility (APN 337310009) located at 26800 Cherry Hills Blvd, Menifee, is $1,675,000 after negotiations, and includes the escrow, broker fee, appraisal, purchasing costs. Phase I Tenant improvements are estimated at $500,000 and include, but are not limited to:
- Demolition
- Furniture and fixtures
- ADA restrooms
- Flooring
- Information technology improvements for the facility
The aggregate cost of the acquisition included applicable closing costs, and estimated tenant improvements is $2,215,000. It is the recommendation of staff to utilize ARP funds for the acquisition and tenant improvements of this property.
American Rescue Plan (ARP) Funds
On March 11, 2021, Congress and the executive branch, passed the ARP which is a $1.9 trillion economic stimulus bill intended to address the on-going impacts of the unprecedented COVID- 19 pandemic. All local governments, including the City of Menifee received direct funding to help bridge budget shortfalls and mitigate the impacts of COVID-19.
The ARP provides that the funds can be used for COVID-19 related expenses incurred between March 3, 2021, and December 31, 2024. Use of funds can be generally categorized into six (6) principal categories:
1. Support Public Health Response - Fund COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff.
2. Replace Public Sector Revenue Loss - Provide government services to the extent of the reduction in revenue experienced due to the pandemic. Revenue Loss is defined by Department of Treasury as a standard allowance of $10 million, or revenue loss using the established Federal formula.
3. Water & Sewer Infrastructure - Make necessary investments to improve access to clean drinking water and invest in wastewater and stormwater infrastructure.
4. Address Negative Economic Impacts - Respond to economic harm to workers, families, small businesses, impacted industries, and the public sector.
5. Premium Pay for Essential Workers - Offer additional support to those who have and will bear the greatest health risks because of their service in critical sectors.
Item Title: 10.5
Approval of Purchase and Sale Agreement for Acquisition of Real Property Item Page Number: 4
Menifee Mayor and City Council
February 1, 2023
Page
57 of 454
City of Menifee Staff Report
Approval of Purchase and Sale Agreement for Acquisition of Real Property February 1, 2023
1 3
7 0
6. Broadband Infrastructure - Make necessary investments to provide unserved or underserved locations with new or expanded broadband access.
The City of Menifee has been allocated a total of $13,213,674 in ARP funding. The first half (tranch), $6,606,837, was received in June 2021, and the second half was received in July 2022.
In February 2022, the Department of Treasury issued the corresponding Final Rule, outlining the governing requirements for the use of ARP funds.
Intended Use
The City has wide latitude for use of the funds, with the exception of some purposes such as pension payments that are restricted or not allowable. The City may direct that the funds are used for structural or ongoing uses, such as authorizing staffing, or for one-time uses in recognition that the funding provided under the Act is one-time money, or some combination of purposes.
Structural Use
The typical recommendation for one-time money is not for structural uses. However, the most recent recession experienced included a fairly rapid return of lost revenues and there is a reasonable expectation that the post-pandemic recovery will behave similarly, particularly for revenues such as the transient occupancy tax, i.e., hotel tax.
One-time Use
At the discretion of the City Council, one-time money may be used for discrete projects rather than structural uses. Examples may include updates to facilities to prepare for post-pandemic uses. This option may also be combined with the structural use.
As part of this Staff Report the recommendation is to use ARP funds for acquisition and retrofit of the Bank of America property as follows:
TABLE 1: ARP Use of Bank of America
CATEGORY PROJECT DESCRIPTION AMOUNT ($)
Replace Public Sector
Revenue Loss
(Government Services)
Purchase of City facility - Provides an
opportunity to use funding as one-time
use to help address provide spacing
for city services, including but not
limited to police services.
$2,215,000
TOTAL $2,215,000
Including the purchase of the Bank of America property the remaining balance of ARP funds would be $2,531,369.
As the City navigates the impacts of Covid-19, short and long-term, the City’s plan and strategy for the use of these funds is a phased in approach/plan and to maximize the use of the funding that truly meet the needs of the community. Cognizant of the requirements to expend all funding by December 2024, the City’s approach is fiscally conservative. Further, recognizing that these funds cannot be used for pension debt or reserves, but can be used to provide general Item Title: 10.5
Approval of Purchase and Sale Agreement for Acquisition of Real Property Item Page Number: 5
Menifee Mayor and City Council
February 1, 2023
Page
58 of 454
City of Menifee Staff Report
Approval of Purchase and Sale Agreement for Acquisition of Real Property February 1, 2023
1 3
7 0
government services (replace revenue loss as defined by the Department of Treasury), the City intends to use the funding for high priority projects/program and/or services. As the City develops its’ upcoming budget, the use of ARP funds will continue to be reviewed with specific recommendations brought for Council’s consideration and approval.
STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community
FISCAL IMPACT
The fiscal impact of the purchase of the Bank of America property is $2,215,000, included acquisition/closing costs estimated at $1,675,000 and tenant improvements of $500,000. Funding for the acquisition and tenant improvements is recommended as use of ARP funds. A corresponding BAR is included as a recommended action for this item appropriating funds into corresponding expenditure and revenue accounts in Fund 301 (Grant Fund).
On-going maintenance costs, including but not limited to, utilities, janitorial services, burglar/fire alarm service, and building maintenance and repairs, will be incorporated as part of the City’s on- going operational costs and included within respective years’ budget cycles.
ATTACHMENTS
1. Purchase and Sale Agreement between Bank of America, National Association and the City of Menifee
2. Location Map
3. BAR
Item Title: 10.5
Approval of Purchase and Sale Agreement for Acquisition of Real Property Item Page Number: 6
Menifee Mayor and City Council
February 1, 2023
Page
59 of 454
Purchaser’s Initials ___________
Sun City CA6-148 1
151019068v2
Name of Property: Sun City CA6-148
Address: 26800 Cherry Hills Blvd., Menifee,
CA 92586
County and State: Riverside County, California
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made between BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking association (“Seller”), and a CITY OF MENIFEE (“Purchaser”).
In consideration of the mutual covenants herein contained, Seller and Purchaser agree as follows:
1. PURCHASE AND SALE
1.1 Purchase and Sale. Subject to the terms and conditions of this Agreement, Seller hereby agrees to sell and convey to Purchaser, and Purchaser hereby agrees to purchase from Seller, the following described property (herein called the “Property”):
(a) Land. That certain tract of land (the “Land”) more particularly described on Exhibit A, attached hereto and incorporated herein by reference together with all improvements, if any, located thereon;
(b) Easements. All easements, if any, benefiting the Land; (c) Rights and Appurtenances. All rights and appurtenances pertaining to the foregoing, if any, including any right, title and interest of Seller, if any, in and to adjacent streets, alleys or rights-of-way;
(d) Improvements. All improvements (the “Improvements”) in and on the Land; and (e) Tangible Personal Property. Subject to the provisions of Section 9.2 and Section 9.3 hereinafter, all of Seller’s right, title and interest in all appliances, fixtures, equipment, machinery, furniture, carpet, drapes and other personal property, if any, owned by Seller and located on or about the Land and the Improvements not removed by Seller by the Closing Date (the “Tangible Personal Property”).
2. PURCHASE PRICE
2.1 Purchase Price. The purchase price (the “Purchase Price”) for the Property shall be a all cash offer of One Million Six Hundred Seventy-Five Thousand AND NO/100 DOLLARS ($1,675,000.00) and shall be paid by Purchaser to Seller at the Closing (as defined in Section 6.1). The Purchase Price shall be payable at Closing in United States currency as provided in Section 6.6(a) below.
3. EARNEST MONEY
3.1 Earnest Money. Within two (2) business days after the date this fully executed Agreement has been delivered to Purchaser, in accordance with Section 10.1 of this Agreement, Purchaser shall Item Title: 10.5
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deliver to FIRST AMERICAN TITLE INSURANCE COMPANY (the “Escrow Agent”), as escrow agent, at 201 South College St., Suite 1440, Charlotte, NC 28244, Attn: Debbie Stewart, 704.405.3225, [email protected], by cashier’s check at the address in Section 10.1 hereof or by wire transfer to such account as directed by Escrow Agent a deposit in an amount equal to ten percent (10%) of the Purchase Price in United States dollars (such amount, together with all interest, if any, earned thereon being referred to as the “Earnest Money”), together with an executed W-9 form if Purchaser desires to have Escrow Agent invest such Earnest Money in an interest bearing account. The Earnest Money shall be held in accordance with the Earnest Money Escrow Agreement Terms attached to this Agreement as Exhibit B. Seller shall have the option to declare a default and Terminate this Agreement if the Earnest Money and the executed W-9 form are not delivered to the Escrow Agent within such time. As used herein, “Terminate” and/or “Terminated” shall mean the termination of this Agreement, by Purchaser or Seller as applicable as expressly set forth in this Agreement, in which event thereafter neither party hereto shall thereafter have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives the termination of this Agreement. The Earnest Money shall be non-refundable for any reason, except Seller’s default, and is effectively option money to induce Seller to sell the Property to Purchaser in accordance with this Agreement. If the sale of the Property is consummated pursuant to the terms of this Agreement, the Earnest Money shall be paid to Seller and applied to the payment of the Purchase Price.
4. CONDITIONS TO CLOSING
4.1 Title Commitment, Survey and Phase I.
(a) Prior to the execution of this Agreement, Seller has delivered or made available to Purchaser for Purchaser’s review, among other items, (i) a commitment for title insurance (the “Title Commitment”) for an Owner’s Policy of Title Insurance issued by First American Title Insurance Company (the “Title Company”); (ii) a survey of the Property (the “Survey”); and (iii) a Phase I environmental site assessment of the Property (“Phase I”). (b) Seller shall deliver to Purchaser within thirty (30) days after full execution of this Agreement for the Property, (i) if Purchaser desires to purchase an Owner’s Policy of Title Insurance and desires to incur further costs (beyond those set forth in Section 6.4) with respect thereto, an endorsement or its equivalent to the Title Commitment (the “Endorsement”), naming Purchaser as the insured and updating the effective date of the Title Commitment; and (ii) a Survey certified to Purchaser and updating the effective date of the Survey, if required by the Title Company, but only if Purchaser desires such update and desires to incur further costs (beyond those set forth in Section 6.4) with respect thereto, if any. Purchaser shall be required to accept title insurance from Seller’s Title Company and title agent, and by execution of this Agreement, Purchaser agrees that said title agent shall close the transaction contemplated by this Agreement. Seller shall not be obligated to cure or satisfy any new requirements and exceptions contained on the Endorsement or updated Title Commitment and shall not be obligated to cure any new matters disclosed by the Survey certified to Purchaser. (c) The conveyance of the Property shall be subject to certain Permitted Exceptions.
The term “Permitted Exceptions”, as used herein, shall mean (i) the title exceptions listed in Schedule B of the Title Commitment, (ii) any general exceptions and exclusions contained in the standard owner’s policy of the Title Company that are not deleted pursuant to the Owner’s Affidavit, and (iii) the exceptions listed on Exhibit C hereto.
Item Title: 10.5
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(d) Seller shall deliver to Purchaser within ten (10) days after full execution of this Agreement a copy of the Commercial Real Property Owner’s Guide to Earthquake Safety (including whether or not the Property is situated in a Special Study Zone as designated under the Alquist-Priolo Special Earthquake Studies Zone Act, which may subject construction or development of the Property to the findings of an acceptable geologic report).
4.2 Inspection. Upon forty-eight (48) hours prior request, Purchaser may inspect the Property at any reasonable time on or before thirty (30) days after the date of this Agreement for the purpose of conducting such investigations and inspections as Purchaser shall deem appropriate, including but not limited to obtaining geotechnical reports and obtaining building reports, but excluding any Phase II environmental site assessment without Seller’s express written consent, which may be withheld in Seller’s sole discretion (the "Inspection Period"). Purchaser acknowledges that the Property is comprised of banking centers and agrees that Purchaser must be accompanied by a representative of Seller when inspecting the Property and that certain inspections must occur after business hours. Purchaser may Terminate this Agreement by notifying Seller in writing prior to the expiration of the Inspection Period, for any reason in Purchaser’s sole discretion, provided the Earnest Money shall not be refundable to Purchaser, and the Earnest Money shall be paid to Seller. In the event Purchaser does not give such notification to Seller in writing prior to the expiration of the Inspection Period, Purchaser shall be deemed conclusively to have waived its right to Terminate under this Section 4.2. Purchaser shall bear the cost of all such inspections and investigations of the Property. Purchaser shall be liable for all costs and expenses, and for damages or injury to any person or property resulting from any inspection, and Purchaser shall indemnify and hold harmless Seller from any liability, claims or expenses (including, without limitation, construction liens and/or reasonable attorneys’ fees) resulting therefrom. The obligations of Purchaser set forth in this Section 4.2 shall survive Closing or the termination of this Agreement, as applicable.
4.3 Confidentiality. All information provided by Seller to Purchaser or obtained by Purchaser relating to the Property in the course of its review, including, without limitation, any environmental assessment or audit, shall be treated as confidential information by Purchaser and Purchaser shall instruct all of its employees, agents, representatives and contractors as to the confidentiality of all such information. Purchaser will not, except with the express prior written consent of Seller, directly or indirectly, (a) disclose or permit the disclosure of any information to any person or entity, except persons who are bound to observe the terms hereof, or (b) use or permit the use of all information pertaining to the Property (1) in any way detrimental to the Seller or (2) for any purpose other than evaluating the contemplated purchase of the Property. Purchaser agrees, that if the Closing does not occur, Purchaser will promptly return to the Seller or its authorized agent all written or tangible information pertaining to the Property, including all copies or extracts thereof, and all notes based upon the information. Neither the Seller, nor any of its officers, directors, employees, agents or representatives, shall be deemed to make or have made any representation or warranty as to the accuracy or completeness of any information pertaining to the Property or whether or not the information provided constitutes all of the information available to the Seller; and neither the Seller nor any of its officers, directors, employees, representatives or agents shall have any liability resulting from Purchaser’s use of any information pertaining to the Property. Notwithstanding anything to the contrary set forth in this Agreement, the obligations of Purchaser set forth in this Section 4.3 shall survive the Closing or the termination of this Agreement, as applicable.
4.4 Termination. If this Agreement is Terminated for any reason, Purchaser shall, within ten (10) days of such termination, deliver to Seller copies of the Title Commitments, Surveys, and any updates, all feasibility studies, engineering reports, environmental reports and all other information Item Title: 10.5
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obtained by Purchaser with respect to the Property. The obligations of Purchaser set forth in this Section
4.4 shall survive termination of this Agreement.
5. NO REPRESENTATIONS OR WARRANTIES BY SELLER;
ACCEPTANCE OF PROPERTY; COVENANTS BY SELLER
5.1 Disclaimer. PURCHASER ACKNOWLEDGES AND AGREES THAT NEITHER
SELLER NOR ITS AGENTS HAVE MADE AND DO NOT MAKE, AND SELLER AND ITS
AGENTS SPECIFICALLY NEGATE AND DISCLAIM, ANY REPRESENTATIONS, WARRANTIES (OTHER THAN THE WARRANTY OF TITLE AS SET OUT IN THE DEED, AS DEFINED BELOW),
PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER
WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR
FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE,
QUALITY OR CONDITION OF THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE
WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C)
THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH
PURCHASER MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY
OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY
APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY,
MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR
MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY,
STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR THE OPERATION THEREOF,
INCLUDING, BUT NOT LIMITED TO, ANY APPLIANCES, FIXTURES, EQUIPMENT,
MACHINERY, FURNITURE, VAULTS AND VAULT DOORS (IF ANY ARE SO LOCATED IN THE
PROPERTY), OR (H) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND
SPECIFICALLY, THAT SELLER AND ITS AGENTS HAVE NOT MADE, DO NOT MAKE AND
SPECIFICALLY DISCLAIM ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY
ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE, CALIFORNIA HEALTH &
SAFETY CODE, ZONING OR DEVELOPMENT OF REGIONAL IMPACT LAWS, RULES,
REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING THE EXISTENCE IN OR ON THE PROPERTY OF HAZARDOUS MATERIALS (AS DEFINED BELOW), MOLD OR MILDEW.
PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE
OPPORTUNITY TO INSPECT THE PROPERTY, PURCHASER IS RELYING SOLELY ON ITS
OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR
TO BE PROVIDED BY SELLER OR ITS AGENTS AND AT THE CLOSING AGREES TO ACCEPT
THE PROPERTY AND WAIVE ALL OBJECTIONS OR CLAIMS AGAINST SELLER AND/OR SELLER’S AGENTS (INCLUDING, BUT NOT LIMITED TO, ANY RIGHT OR CLAIM OF
CONTRIBUTION) ARISING FROM OR RELATED TO THE PROPERTY OR TO ANY HAZARDOUS MATERIALS ON THE PROPERTY, MOLD OR MILDEW. PURCHASER FURTHER
ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE
PROVIDED WITH RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF
SOURCES AND THAT NEITHER SELLER NOR ITS AGENTS HAVE MADE ANY INDEPENDENT
INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.
SELLER AND ITS AGENTS ARE NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL
OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE
PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON. PURCHASER FURTHER Item Title: 10.5
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ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN “AS IS” CONDITION AND BASIS WITH ALL FAULTS. IT IS UNDERSTOOD AND AGREED THAT THE
PURCHASE PRICE HAS BEEN ADJUSTED BY PRIOR NEGOTIATION TO REFLECT THAT ALL
OF THE PROPERTY IS SOLD BY SELLER AND PURCHASED BY PURCHASER SUBJECT TO THE FOREGOING. THE PROVISIONS OF THIS SECTION 5.1 SHALL SURVIVE THE CLOSING.
5.2 Hazardous Materials. “Hazardous Materials” shall mean any substance which is or contains (i) any “hazardous substance” as now or hereafter defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. §9601 et seq.) (“CERCLA”) or any regulations promulgated under or pursuant to CERCLA; (ii) any “hazardous waste” as now or hereafter defined in the Resource Conservation and Recovery Act (42 U.S.C. §6901 et seq.) (“RCRA”) or regulations promulgated under or pursuant to RCRA; (iii) any substance regulated by the Toxic Substances Control Act (15 U.S.C. §2601 et seq.); (iv) gasoline, diesel fuel, or other petroleum hydrocarbons; (v) asbestos and asbestos containing materials, in any form, whether friable or non-friable; (vi) polychlorinated biphenyls; (vii) radon gas; and (viii) any additional substances or materials which are now or hereafter classified or considered to be hazardous or toxic under Environmental Requirements (as hereinafter defined) or the common law, or any other applicable laws relating to the Property. Hazardous Materials shall include, without limitation, any substance, the presence of which on the Property, (A) requires reporting, investigation or remediation under Environmental Requirements; (B) causes or threatens to cause a nuisance on the Property or adjacent property or poses or threatens to pose a hazard to the health or safety of persons on the Property or adjacent property; or (C) which, if it emanated or migrated from the Property, could constitute a trespass.
5.3 Environmental Requirements. Environmental Requirements shall mean all laws, ordinances, statutes, codes, rules, regulations, agreements, judgments, orders, and decrees, now or hereafter enacted, promulgated, or amended, of the United States, the states, the counties, the cities, or any other political subdivisions in which the Property is located, and any other political subdivision, agency or instrumentality exercising jurisdiction over the owner of the Property, the Property, or the use of the Property, relating to pollution, the protection or regulation of human health, natural resources, or the environment, or the emission, discharge, release or threatened release of pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or waste or Hazardous Materials into the environment (including, without limitation, ambient air, surface water, ground water or land or soil).
5.4 Environmental Risks. Purchaser acknowledges that there are, or may be, certain environmental issues and/or risks with respect to the Property.
5.5 Indemnity. Purchaser hereby expressly acknowledges that from and after the Closing, Purchaser shall be responsible and liable for the proper maintenance and handling of any and all Hazardous Materials, if any, located in or on the Property or in the Improvements in accordance with all Environmental Requirements, including the regulations at 40 C.F.R. Section 61 as authorized under the Clean Air Act and all regulations promulgated or to be promulgated under all other applicable local, state or federal laws, rules or regulations, as same may be amended from time to time. Furthermore, from and after Closing, Purchaser shall indemnify and hold Seller harmless from and against any and all claims, costs, damages or other liability, including attorney’s fees, incurred by Seller as a result of any Hazardous Materials being located now or previously on the Property or in the Improvements or as a result of Purchaser’s failure to comply with the requirements of this Section in connection with Purchaser’s proper Item Title: 10.5
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maintenance and handling of any and all Hazardous Materials, if any, located in or on the Property or in the Improvements. This Section shall survive the Closing of this Agreement.
5.6 Release. Purchaser, on behalf of itself and its heirs, successors and assigns hereby waives, releases, acquits and forever discharges Seller, its officers, directors, shareholders, employees, agents, attorneys, brokers, property managers, representatives, and any other persons acting on behalf of Seller and the successors and assigns of any of the preceding, of and from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which Purchaser or any of its heirs, successors or assigns now has or which may arise in the future on account of or in any way related to or in connection with any past, present, or future physical characteristic or condition of the Property or the Improvements (including, but not limited to, any vault that may be located in the Property and the access and operation of any such vault and the door(s) thereof, including any keys or codes with respect thereto obtained by Purchaser) including, without limitation, any Hazardous Materials in, at, on, under or related to the Property or the Improvements, or any violation or potential violation of any Environmental Requirement applicable thereto. Notwithstanding anything to the contrary set forth herein, this Section shall survive the Closing or termination of this Agreement.
THIS RELEASE INCLUDES CLAIMS OF WHICH PURCHASER IS PRESENTLY UNAWARE OR
WHICH PURCHASER DOES NOT PRESENTLY SUSPECT TO EXIST WHICH, IF KNOWN BY PURCHASER, WOULD MATERIALLY AFFECT PURCHASER’S RELEASE TO SELLER.
PURCHASER SPECIFICALLY WAIVES THE PROVISION OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN
HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Seller’s initials ___________ Purchaser’s initials ___________ Notwithstanding anything to the contrary set forth herein, this release shall survive the Closing or termination of this Agreement.
5.7 Natural Hazard Disclosures. Purchaser hereby waives any obligation of Seller to deliver a report detailing the natural hazards affecting the Property prepared by an independent third party pursuant to California Civil Code Sec. 1102.4. Seller shall make the natural hazard disclosures pursuant to California Government Code Sections 8589.3, 8589.4 and 8589.5, and California Public Resources Code Sections 2621.9, 2694 and 4136.
6. CLOSING
6.1 Closing. The closing (the “Closing”) shall be held on a date determined by Seller (the “Closing Date”), which shall be the later of (i) if applicable, thirty (30) days after the banking center located on the Property has closed for business, if the banking center is operational on the Effective Date of this Agreement, or (ii) thirty (30) days after the expiration of the Inspection Period (the “Closing Deadline”), provided Seller shall have the right to extend the Closing Deadline for up to an additional thirty (30) days. The Closing shall be held in escrow by delivering all documents and the Purchase Price to the Escrow Agent, or its designee, on or before the Closing Deadline, unless the parties mutually agree upon another time or date.
Item Title: 10.5
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6.2 Possession. Possession of the Property shall be delivered to Purchaser at the Closing, subject to the Permitted Exceptions.
6.3 Proration: Taxes. At Closing, pro-rations of income and expense and the apportionment of taxes shall be as follows:
(a) All prorations of income, expense and taxes shall be made as of midnight of the day prior to the Closing. Taxes shall be prorated based upon the maximum allowable discount and other applicable exemptions. If the Closing shall occur before the tax rate or the assessed valuation of the Property is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the preceding year applied to the latest assessed valuation based upon the maximum allowable discount and other applicable exemptions. Subsequent to the Closing, when the tax rate and the assessed valuation of the Property is fixed for the year in which the Closing occurs, the parties agree that there shall be no post-closing adjustment of the tax proration. If the Property is not assessed as a separate parcel for tax or assessment purposes, then such taxes and assessments attributable to the Property shall be determined by Seller in its reasonable discretion. If, as of the Closing, the Property is not being treated as a separate tax parcel, then Purchaser shall, at its sole cost and expense, use diligent best efforts to ensure that the Property is assessed separately for tax and assessment purposes within no more than one year from the Closing Date. (b) The agreements of Seller and Purchaser set forth in this Section 6.3 shall survive the Closing.
6.4 Closing Costs. Except as otherwise expressly provided herein, Seller shall pay, on the Closing Date, all of the cost of the preparation of the Deed (as defined in Section 6.5 (a) below), any documentary stamps or transfer taxes on the deed and surtax, if any (exclusive of any that, under state or local laws, are imposed on the buyer or grantee), and certified and pending special assessment liens for which the work has been substantially completed, and Purchaser shall pay, on the Closing Date, the cost of the Title Commitment, including, without limitation, the cost of any title searches or abstracts of the Property, and the premium for the Owner’s Policy, all recording costs, intangible tax on any mortgage, documentary stamps or tax on any note, pending special assessment liens for which the work has not been substantially completed, the cost of any inspections conducted by or for the benefit of Purchaser, including, but not limited to, any zoning, permitting or other certification that may be obtained by Purchaser or that may be required to be delivered to Purchaser by any governmental authority as a condition to the conveyance of the Property from Seller to Purchaser, and any other customary charges and costs of closing. In addition, Purchaser shall reimburse Seller for the cost of (a) the Title Commitment and any search fees, the Survey, and the Phase I, which costs are, as of the date hereof, $335.00 for the costs of the initial Title Commitment, $4,350.00 for the costs of the initial Survey, and $1,900.00 for the costs of the initial Phase I, and which costs for Survey and Phase I are in accordance with the rates negotiated by Seller with the vendors, and (b) any recertifications, endorsements and updates thereof required in connection herewith. Notwithstanding the foregoing, in the event Purchaser assigns this Agreement after the full execution of this Agreement, provided Purchaser receives Seller’s consent for said assignment as outlined in Section 10.8 below, Purchaser shall be responsible for Seller’s attorney’s fees associated with said assignment in the amount of SEVEN HUNDRED FIFTY and 00/100 DOLLARS ($750.00). Except as otherwise provided herein, each party shall pay its own attorneys’ fees.
Purchaser shall pay the cost of any escrow fees, closing fees, and any fees to prepare the Closing Statement (as defined in Section 6.5 (f) below) charged by the Escrow Agent. The premiums for the title insurance policies shall be at the rates promulgated by the state or recording district, as applicable, where the Property is located.
Item Title: 10.5
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6.5 Seller’s Obligations at the Closing. At the Closing, Seller shall deliver to Escrow Agent, or its designee, each of the following documents but in no event earlier than the delivery to Seller of all of the proceeds of sale of the Property by wire transfer or immediately available U.S. funds:
(a) Deeds. A Grant Deed in the form approved for or otherwise customarily used for conveyances in the recording district in which the Property is situated (the “Deed”) properly executed by Seller for recording and conveying the Property and the Improvements located thereon to Purchaser subject to no exceptions other than the Permitted Exceptions. (b) Evidence of Authority. Copy of such documents and resolutions as may be acceptable to the Title Company, so as to evidence the authority of the person signing the Deed and other documents to be executed by Seller at the Closing. (c) Foreign Person. An affidavit of Seller certifying that Seller is not a “foreign person”, as defined in the Federal Foreign Investment in Real Property Tax Act of 1980 and the 1984 Tax Reform Act, as amended.
(d) Owner’s Affidavits. An executed affidavit or other document for the Property acceptable to the Title Company in issuing the Owner’s Policy without exception for possible lien claims of mechanics, laborers and materialmen or for parties in possession, and insuring the “gap.”
(e) Bill of Sale and Assignment. Bill of Sale and Assignment for the Property (the “Bill of Sale”) executed by Seller and Purchaser assigning to Purchaser the Tangible Personal Property, in the form attached to this Agreement as Exhibit D. (f) Closing Statement. A closing statement setting forth the allocation of closing costs, purchase proceeds, etc. (the “Closing Statement”).
(g) California Form 593-C. A properly executed California Form 593-C or other evidence sufficient to establish that Purchaser is not required to withhold any portion of the Purchase Price pursuant to Sections 18805 and 26131 of the California Revenue and Taxation Code.
(h) Other Documentation. Such other documents as may be reasonable and necessary in the opinion of the Title Company to consummate and close the purchase and sale contemplated herein pursuant to the terms and provisions of this Agreement, provided Seller shall not be required to cure any title objections.
6.6 Purchaser’s Obligations at the Closing. At the Closing, Purchaser shall deliver to Seller the following:
(a) Purchase Price. The Purchase Price by wire transfer of immediately available U.S. fund.
(b) Evidence of Authority. Such consents and authorizations as Seller may reasonably deem necessary to evidence authorization of Purchaser for the purchase of the Property, the Item Title: 10.5
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execution and delivery of any documents required in connection with Closing and the taking of all action to be taken by the Purchaser in connection with Closing. (c) Bill of Sale and Assignment. Bill of Sale and Assignment for the Property (the “Bill of Sale”) executed by Seller and Purchaser assigning to Purchaser the Tangible Personal Property, in the form attached to this Agreement as Exhibit D. (d) Closing Statement. A closing statement setting forth the allocation of closing costs, purchase proceeds, etc. (the “Closing Statement”).
(e) California Filing. A properly executed Preliminary Change of Ownership Report. (f) Other Documentation. Such other documents as may be reasonable and necessary in the opinion of the Title Company to consummate and close the purchase and sale contemplated herein pursuant to the terms and provisions of this Agreement, including without limitation the Closing Statement.
7. RISK OF LOSS
7.1 Condemnation. If, after the date of this Agreement and prior to the Closing, action is initiated to take the Property by eminent domain proceedings or by deed in lieu thereof, Purchaser may either (a) Terminate this Agreement, or (b) consummate the Closing, in which latter event the award of the condemning authority shall be assigned to Purchaser at the Closing. If, prior to the date of this Agreement, an action has been initiated to take any of the Property by eminent domain proceedings or by deed in lieu thereof, any award made by the condemning authority shall be paid to Seller and the portion of the Property taken shall be deleted from the Property without a reduction in the Purchase Price.
7.2 Casualty. Seller assumes all risks and liability for damage to or injury occurring to the Property by fire, storm, accident, or any other casualty or cause until the Closing has been consummated.
If the Property and its Improvements suffer any damage in excess of $100,000.00 prior to the Closing from fire or other casualty, which Seller, at its sole option, does not repair, Purchaser may either (a) Terminate this Agreement, or (b) consummate the Closing, in which latter event the proceeds of any insurance not exceeding the Purchase Price and covering such damage shall be assigned to Purchaser at the Closing. If the Property and its Improvements suffer any damage less than or equal to $100,000.00 prior to the Closing, Purchaser agrees that it will consummate the Closing and accept the assignment of the proceeds of any insurance covering such damage at the Closing.
8. DEFAULT
8.1 Default by Purchaser. The parties acknowledge that in the event of a default by Purchaser, Seller’s actual damages would be extremely difficult or impracticable to determine; therefore, the parties agree that the amount of the Earnest Money has been agreed upon, as the parties’ reasonable estimate of Seller’s damages, and in the event that Purchaser fails to perform all of Purchaser’s obligations under this Agreement, and any such failure continues for five (5) business days after the date of written notice (which written notice shall detail such failure), Seller shall be entitled to Terminate this Agreement by written notice to Purchaser of such termination and the Earnest Money deposited hereunder by Purchaser, together with all interest earned thereon, shall be paid to Seller within five (5) business days of such written notice of termination, as liquidated damages and such shall be Seller’s sole and exclusive remedy at law or in equity for any default by Purchaser under this Agreement; provided that such liquidated Item Title: 10.5
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damages shall not be a limitation upon any obligation of the Purchaser to indemnify and hold harmless the Seller contained in this Agreement. The obligations of Purchaser set forth in this Section 8.1 shall survive the termination of this Agreement.
IN ADDITION, THE EVENT THE CLOSING AND THE CONSUMMATION OF THE
TRANSACTION HEREIN CONTEMPLATED DOES NOT OCCUR AS HEREIN PROVIDED BY
REASON OF ANY DEFAULT OF PURCHASER, PURCHASER AND SELLER AGREE THAT IT
WOULD BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ESTIMATE THE DAMAGES SUFFERED BY SELLER AS A RESULT OF PURCHASER’S FAILURE TO COMPLETE THE
PURCHASE OF THE PROPERTY PURSUANT TO THIS AGREEMENT, AND THAT UNDER THE
CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT, THE LIQUIDATED
DAMAGES PROVIDED FOR IN THIS SECTION REPRESENT A REASONABLE ESTIMATE OF THE DAMAGES WHICH SELLER WILL INCUR AS A RESULT OF SUCH FAILURE; PROVIDED, HOWEVER THAT THIS PROVISION WILL NOT LIMIT SELLER’S RIGHT TO RECEIVE REIMBURSEMENT FOR ATTORNEYS’ FEES, NOR WAIVE OR AFFECT PURCHASER’S INDEMNITY OBLIGATIONS AND SELLER’S RIGHTS TO THOSE INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT, NOR WAIVE OR AFFECT PURCHASER’S OBLIGATIONS TO
RETURN OR PROVIDE TO SELLER DOCUMENTS, REPORTS OR OTHER INFORMATION
PROVIDED TO OR PREPARED BY OR FOR PURCHASER PURSUANT TO APPLICABLE PROVISIONS OF THIS AGREEMENT. THEREFORE, PURCHASER AND SELLER DO HEREBY
AGREE THAT A REASONABLE ESTIMATE OF THE TOTAL NET DETRIMENT THAT SELLER
WOULD SUFFER IN THE EVENT THAT PURCHASER DEFAULTS AND FAILS TO COMPLETE
THE PURCHASE OF THE PROPERTY IS AN AMOUNT EQUAL TO THE LIQUIDATED DAMAGES AS SET FORTH ABOVE IN THIS SECTION 8.1. SAID AMOUNT WILL BE THE
FULL, AGREED AND LIQUIDATED DAMAGES FOR THE BREACH OF THIS AGREEMENT BY PURCHASER. THE PAYMENT OF SUCH AMOUNT AS LIQUIDATED DAMAGES IS NOT
INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677.
SELLER HEREBY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 3389.
UPON DEFAULT BY PURCHASER, THIS AGREEMENT WILL BE TERMINATED AND, EXCEPT FOR PURCHASER’S INDEMNITY AND OTHER SPECIFIC OBLIGATIONS REFERRED TO
HEREIN WHICH MAY BE ENFORCED BY SELLER (IN ADDITION TO COLLECTION AND RETENTION BY SELLER OF PURCHASER’S DEPOSIT AS PROVIDED HEREUNDER), NEITHER
PARTY WILL HAVE ANY FURTHER RIGHTS OR OBLIGATIONS HEREUNDER, EACH TO THE
OTHER EXCEPT FOR THE RIGHT OF SELLER TO COLLECT SUCH LIQUIDATED DAMAGES FROM PURCHASER AND ESCROW HOLDER.
Seller’s initials ___________ Purchaser’s initials ___________
8.2 Default by Seller. The parties acknowledge that in the event of a default by Seller, Purchaser’s actual damages would be extremely difficult or impracticable to determine; therefore, the parties agree that the amount of the Earnest Money, together with (a) all interest earned thereon and (b) the sum of $5,000.00 has been agreed upon, as the parties’ reasonable estimate of Purchaser’s damages, and should Seller default, and should any such default continue for five (5) business days after the date of written notice (which written notice shall detail such default), Purchaser shall be entitled to Terminate this Agreement by written notice to Seller of such termination and the Earnest Money deposited hereunder by Purchaser, together with the sums listed in (a) and (b) above, shall be returned to Purchaser and such shall Item Title: 10.5
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be Purchaser’s sole and exclusive remedy at law or in equity for any default by Seller under this Agreement.
8.3 Return/Delivery of Earnest Money. In the event the Earnest Money is returned to the Purchaser, as provided in Section 8.2 above, or delivered to the Seller, as provided in Section 8.1 above, upon the return or delivery of the same, the parties hereto shall have no further rights, obligations or liabilities with respect to each other hereunder, except for the obligations specified in Section 4.2, Section
4.3, Section 4.4 and Section 10.2 hereof.
Nothing set forth herein shall release Purchaser from its obligations and indemnifications set forth in Section 4.2, Section 4.3, Section 4.4, and Section 10.2 of this Agreement.
9. FUTURE OPERATIONS
9.1 Future Operations. From the date of this Agreement until the Closing or earlier termination of this Agreement, Seller will (a) maintain the Property in a manner consistent with Seller’s past practices with respect to the Property, and (b) promptly advise Purchaser of any litigation, arbitration or administrative hearing condemnation or damage or destruction concerning the Property arising or threatened of which Seller has written notice.
9.2 Trade Fixtures and Equipment. Purchaser acknowledges that Seller is currently operating a banking facility on the Property. Seller shall be entitled, at Seller’s option, to remove from the Property all trade fixtures, equipment, ATMs, furniture, furnishings, artwork, appliances, supplies, records, documents, cash, coin, and other items of moveable personal property relating to the operation of Seller’s business that may be situated upon the Property (including, without limitation, all safes, vaults, vault doors, signage, pylons, alarms and security equipment, auxiliary generators, cubicles and removable partitions, computers and computer-related equipment, telecommunication equipment, halon systems, draperies, and decorations), and such items removed by Seller shall be excluded from the Improvements and Tangible Personal Property to be conveyed hereunder and shall remain the property of Seller. Seller shall have no obligation to repair any damage to the Property caused by the removal of such items, and Purchaser shall accept the Property in its then-existing condition at Closing.
9.3 Customer Information. Notwithstanding anything contained in this Agreement to the contrary, no computer servers, desktop stations, laptops, files, documents, records or other personal property which could reasonably be expected to contain customer information, proprietary information or other confidential information (collectively, the “Protected Items”) shall become the property of or shall be disposed of by Purchaser. In the event any Protected Items remain on the Property after Closing, Purchaser shall notify Seller immediately and shall promptly provide access during normal business hours for Seller to retrieve said items; it being acknowledged by both Purchaser and Seller that such items may contain sensitive, confidential and/or proprietary information which is subject to federal and/or state regulations as to ownership, possession, storage, disposal, removal or other handling. Further, Purchaser shall not make any copies of the information contained in the Protected Items, nor display or disseminate the Protected Items or the information contained therein to any third parties. Purchaser agrees that it will not contact any media outlet or other third party to publicize any Protected Items left on the Property.
Upon request, Purchaser shall execute a certificate in a form prepared and provided by the Seller, attesting under penalty of perjury to the foregoing. This provision shall survive Closing.
10. MISCELLANEOUS
Item Title: 10.5
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10.1 Notices. All notices, demands and requests which may be given or which are required to be given by either party to the other under this Agreement, and any exercise of a right of termination provided by this Agreement, shall be in writing and shall be deemed effective when either: (i) personally delivered to the intended recipient; (ii) three (3) business days after having been sent, by certified or registered mail, return receipt requested, addressed to the intended recipient at the address specified below; (iii) delivered in person to the address set forth below for the party to whom the notice was given; or (iv) at noon of the business day next following after having been deposited into the custody of a nationally recognized overnight delivery service such as Federal Express Corporation or UPS, addressed to such party at the address specified below. Any notice sent as required by this section and refused by recipient shall be deemed delivered as of the date of such refusal. For purposes of this Section 10.1, the addresses of the parties for all notices are as follows (unless changed by similar notice in writing given by the particular person whose address is to be changed):
IF TO SELLER: Bank of America, National Association
Real Estate Services
Two Smith St.
Mail Code MA6-152-02-01
Wakefield, MA 01880
Attention: Kathleen M. Luongo (CA6-148)
Telephone: 781.756.4818
Email: [email protected]
WITH A COPY TO: Katten Muchin Rosenman LLP
550 South Tryon St. – Suite 2900
Charlotte, NC 28202-4213
Attention: Jennifer Dunbar
Telephone: 704.344.3077
Email: [email protected]
IF TO PURCHASER: City of Menifee
29844 Haun Road
Menifee, CA 92584
Attn: Armando G. Villa, City Manager
Telephone: (951)672-6777
Email: [email protected]
WITH A COPY TO: Jeff Melching, City Attorney
Rutan and Tucker
18575 Jamboree Road, 9th Floor
Irvine, CA 92612
Attn: Jeff Melching
Telephone: (714)614-5100
Email: [email protected]
IF TO ESCROW AGENT/
TITLE COMPANY: First American Title Insurance Company
201 South College St., Suite 1440
Charlotte, NC 28244
Attn: Debbie Stewart
Item Title: 10.5
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Telephone: 704.405.3225
Email: [email protected]
10.2 Real Estate Commissions. Seller agrees to pay Cushman & Wakefield (“Broker”), upon the closing of the transaction contemplated hereby, and not otherwise, a cash commission in accordance with a separate agreement between Seller and Broker. Purchaser agrees to pay any commission due Purchaser’s broker, if applicable. Purchaser acknowledges that Seller has no obligations, either express or implied, to Purchaser’s broker and that this Agreement shall not create any privity of contract between Seller and Purchaser’s broker.
As used herein, “Acquisition Fees” shall mean all fees paid to any person or entity in connection with the selection and purchase of the Property including real estate commissions, selection fees, nonrecurring management and startup fees, development fees or any other fee of similar nature. Seller and Purchaser each hereby agree to indemnify and hold harmless the other from and against any and all claims for Acquisition Fees or similar charges with respect to this transaction, arising by, through or under the indemnifying party, and each further agrees to indemnify and hold harmless the other from any loss or damage resulting from an inaccuracy in the representations contained in this Section 10.2. This indemnification agreement of the parties shall survive the Closing.
10.3 Entire Agreement. This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there are no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein, as this Agreement supersedes all prior negotiations or agreements between Seller and Purchaser with respect to the subject matter hereof, including, but not limited to, any term sheet, letter of intent, or other communication.
10.4 Amendment. This Agreement may be amended only by a written instrument executed by the party or parties to be bound thereby.
10.5 Headings. The captions and headings used in this Agreement are for convenience only and do not in any way limit, amplify, or otherwise modify the provisions of this Agreement.
10.6 Time of Essence. Time is of the essence of this Agreement; however, if the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the United States or the state in which the Property is located, then, in such event, the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday.
10.7 Governing Law. This Agreement shall be governed by the laws of the State in which the Property is located and the laws of the United States pertaining to transactions in such State. For any controversy hereunder, the parties shall submit to the venue of a court of competent jurisdiction in the county in which the Property is located. All of the parties to this Agreement have participated freely in the negotiation and preparation hereof; accordingly, this Agreement shall not be more strictly construed against any one (1) of the parties hereto.
10.8 Successors and Assigns; Assignment. This Agreement shall bind and inure to the benefit of Seller and Purchaser and their respective heirs, executors, administrators, personal and legal representatives, successors and assigns. Purchaser shall not assign Purchaser’s rights under this Agreement without the prior written consent of Seller, which may be denied in Seller’s sole discretion. In Item Title: 10.5
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the event any assignment of rights is approved and the Property is conveyed to an assignee of Purchaser, such assignment and conveyance shall not alter, impair or relieve either Purchaser or such assignee from the waivers, acknowledgments, assumptions and agreements of Purchaser set forth herein, all of which are binding upon the assignee of Purchaser, and all of which are expressly assumed by such assignee as among the obligations and liabilities which survive the Closing by the closing of the transaction and acceptance of the Deed.
10.9 Invalid Provision. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance from this Agreement.
10.10 Attorneys’ Fees. In the event it becomes necessary for either party hereto to file suit to enforce this Agreement or any provision contained herein, the party prevailing in such suit shall be entitled to recover, in addition to all other remedies or damages, as provided herein, reasonable attorneys’ fees, paralegal fees and cost incurred in such suit at trial, appellate, bankruptcy and/or administrative proceedings.
10.11 Multiple Counterparts. This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party to be charged.
10.12 Date of this Agreement. As used in this Agreement, the terms “date of this Agreement”, “Effective Date”, or “date hereof” shall mean and refer to the date on which Seller executes this Agreement.
10.13 Exhibits. The following exhibits are attached to this Agreement and are incorporated into this Agreement and made a part hereof:
(a) Exhibit A, the Land;
(b) Exhibit B, the Earnest Money Escrow Agreement Terms; (c) Exhibit C, the Permitted Exceptions; and
(d) Exhibit D, the Bill of Sale.
10.14 Authority. Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms.
10.15 Recordation; Publicity. Neither this Agreement nor any memorandum or other summary of this Agreement shall be placed of public record under any circumstances except with the prior written consent of the Seller and the Purchaser. In addition, from and after the effective date of this Agreement, whether this Agreement is closed or Terminated, neither Purchaser nor Seller shall make or permit to be made any public announcements or press releases concerning the existence of this Agreement, the terms of the purchase of the Property or any other information concerning this Agreement or the transaction contemplated herein, without the prior written consent of Seller and Purchaser.
Item Title: 10.5
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10.16 Confidentiality. The terms of this Agreement shall remain confidential, except to the extent disclosure is required by the Federal Reserve or other governmental authorities or required in order to close the transactions contemplated in this Agreement. From and after the date of this Agreement, except with the prior written consent of the other party, neither Purchaser nor Seller shall prior to Closing make or permit to be made any public announcements or press releases concerning this Agreement, the terms of the purchase of the Property or any other information concerning this Agreement or the transaction contemplated herein.
After the Closing, the parties will agree on the information contained in any press release or announcement as to the Closing of the transaction contemplated by this Agreement. This provision shall survive the Closing of this Agreement.
10.17 Section 1031 Exchange. Either Seller or Purchaser shall have the right to treat this Property as part of a tax-deferred like-kind exchange under Section 1031 of the Internal Revenue Code and, to that end, shall have the right to assign or otherwise alter this Agreement in order to accomplish that objective, provided the net economic effect (including the date of Closing and the exposure of the parties to liability) shall be essentially the same as under this original Agreement.
10.18 Digital Image; Facsimile Execution. A facsimile, digital or electronic copy (such as a pdf or other computer image) of this Agreement or any of the documents to be delivered at Closing under Section 6.5 and 6.6, and any signatures thereon, shall be considered for all purposes as originals when delivered and shall be valid and effective to bind the party so signing when delivered and released by the party so signing. The parties agree to accept a digital image of this Agreement or any of the documents to be delivered at Closing under Section 6.5 and 6.6, as executed, as a true and correct original and admissible as best evidence for the purposes of State law, Federal Rule of Evidence 1002, and like statutes and regulations, and to the extent permitted by a court with proper jurisdiction. Notwithstanding the foregoing, originals of the Deed and any local filings related thereto that are required to be recorded or filed as original signed copies shall be delivered in accordance with Article 6.
10.19 Economic Sanctions Compliance. Purchaser represents that neither Purchaser nor any of its subsidiaries or, to the knowledge of the Purchaser, any director, officer, employee, agent, affiliate or representative of the Purchaser is an individual or entity (“Person”) currently the subject of any sanctions administered or enforced by the United States Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or other relevant sanctions authority (collectively, “Sanctions”), nor is Purchaser located, organized or resident in a country or territory that is the subject of Sanctions; and Purchaser represents and covenants that it has not knowingly engaged in, is not now knowingly engaged in, and shall not engage in, any dealings or transactions with any Person, or in any country or territory, that is the subject of Sanctions.
10.20 Employee and Insiders Representation. If Purchaser is or includes an individual person, Purchaser represents and warrants that it is not an employee or a spouse, domestic partner or dependent child of an employee of Seller and that no employee or spouse, domestic partner or dependent child of an employee of Seller has a controlling interest in Purchaser. If Purchaser is or includes an entity (such as a limited liability company, partnership, corporation), Purchaser represents and warrants that no employee or spouse, domestic partner or dependent child of an employee of Seller has a controlling interest in Purchaser. If Purchaser is or includes a trust, Purchaser represents and warrants that neither Purchaser nor any trustee or beneficiary of Purchaser is an employee or spouse, domestic partner or dependent child of an employee of Seller and that no employee or spouse, domestic partner or dependent child of an employee of Seller has a controlling interest in Purchaser. Without limiting the foregoing, the Prohibition on the Purchase of Property by Bank of America Employees and Insiders Policy (“Policy”) prohibits Bank of America employees and their spouses or domestic partners or dependent children that live with the employee, or any other person residing in the household who derives his or her primary means of Item Title: 10.5
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financial support from the employee (herein, referred to as “Household Members”) from purchasing Bank Controlled Properties (as defined in the Policy). The prohibition applies as well to directors, executive officers and any principal shareholders of Bank of America (together referred to as “Insiders” and defined further in the Regulation O policy). Per Regulation O, Insiders are further defined as a Director, Regulation O Executive Officer, or a Related Interest (as defined in the Policy) of Bank of America, National Association. Related Interests are further defined as a company, partnership, or other legal entity that is controlled by an Insider, or a political or campaign committee that is controlled by or that benefits that Insider. Control is defined generally as the ability to vote twenty-five percent (25%) or more of any class of voting securities of an entity, the ability to control the election of a majority of the directors of an entity, or the ability to exercise a controlling influence over the management or policies of an entity. Purchaser represents and warrants that the transaction contemplated by this Agreement does not violate the Policy.
10.21 Attorney Consultation. Purchaser acknowledges and agrees that it has either (a) executed and delivered this Agreement only after review by, and consultation with, an attorney selected by Purchaser, in order to allow Purchaser to be advised of the meaning and appropriateness of any of the terms of this Agreement, or (b) waived the right for such review and consultation, as Purchaser has determined that the terms of this Agreement are appropriate or that review by an attorney is not necessary for Purchaser to proceed in accordance herewith.
10.22 Dispute Resolution. Seller and Purchaser agree that any action or proceeding by either of them against the other arising out of or in connection with this Agreement shall, upon the motion of either party, be submitted to arbitration. The parties shall cooperate in good faith to ensure that all necessary and appropriate parties are included in the arbitration. The arbitrator shall have the authority to try all issues, whether of fact or law, and to report a statement of decision to the court. To the extent not inconsistent with State law, Seller and Purchaser shall use the procedures for arbitration and judicial reference, if any, adopted by Judicial Arbitration and Mediation Services/Endispute (“JAMS”), as relevant, to supplement any applicable State statutes, provided that the following rules and procedures shall apply in all cases unless the parties agree otherwise:
(a) The proceedings shall be heard in the City of Los Angeles, California; (b) Unless the parties agree otherwise, JAMS shall provide a list of three (3) reputable arbitrators experienced in arbitrating commercial disputes to the parties who may each strike one (1) from the list, and the parties shall consent to appointment of the remaining person as the arbitrator. If JAMS is no longer in existence or unwilling to arbitrate the matter, then the American Arbitration Association shall provide said list. If neither is willing or able to arbitrate the matter, then the trial court shall appoint the arbitrator;
(c) Any dispute regarding the selection of the arbitrator shall be resolved by JAMS or the entity providing the reference services; or if no entity is involved, by the court with appropriate jurisdiction; (d) The arbitrator may require one (1) or more pre-hearing conferences; (e) The parties shall be entitled to discovery as allowed by state law. The arbitrator shall oversee discovery and may enforce all discovery orders in the same manner as any trial court judge; (f) A stenographic record of the arbitration may be made, provided that the record shall remain confidential except as may be necessary for post-hearing motions and any appeals; Item Title: 10.5
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(g) The arbitrator’s statement of decision shall contain findings of fact and conclusions of law to the extent applicable; and
(h) The arbitrator shall have the authority to rule on all post-hearing motions in the same manner as a trial judge.
The statement of decision of the arbitrator upon all of the issues considered by the arbitrator shall be binding upon the parties, and upon filing of the statement of decision with the clerk of the court, or with the judge where there is no clerk, judgment may be entered thereon. The decision of the arbitrator shall be appealable as if rendered by the court. This provision shall in no way be construed to limit any valid cause of action which may be brought by any of the parties.
BY INITIALING BELOW, THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ AND
UNDERSTAND THE FOREGOING AND ACCEPT THAT BY CHOOSING ARBITRATION THEY ARE GIVING UP THE RIGHT TO A JURY TRIAL.
Seller’s initials ___________ Purchaser’s initials ___________
IN ANY ACTION OR PROCEEDING ARISING HEREFROM, SELLER AND PURCHASER
HEREBY CONSENT TO (A) SUBJECT TO THE FOREGOING PROVISIONS OF THIS SECTION,
THE JURISDICTION OF ANY COMPETENT COURT IN THE STATE OF CALIFORNIA, AND (B) SERVICE OF PROCESS BY ANY MEANS AUTHORIZED BY CALIFORNIA LAW. THE
PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION, TERMINATION OR CLOSING OF THIS AGREEMENT.
(SIGNATURES FOLLOW ON NEXT PAGE)
Item Title: 10.5
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed under seal by persons duly empowered to bind the parties to perform their respective obligations hereunder the day and year set forth beside their respective signatures.
DATE OF EXECUTION
BY SELLER:
__________________, 202__
SELLER:
BANK OF AMERICA, NATIONAL
ASSOCIATION, a national banking
association
By:
Name: Kathleen M. Luongo
Title: Vice President
Date:
DATE OF EXECUTION
BY PURCHASER:
__________________, 202__
PURCHASER:
CITY OF MENIFEE, a municipal agency
By: ___________________________
Name: Armando G. Villa
Title: City Manager
Item Title: 10.5
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ACKNOWLEDGMENT AND AGREEMENT BY THE ESCROW AGENT
The undersigned joins in execution of this Agreement for the purpose of acknowledging and agreeing to the terms and provisions of this Agreement relative to the obligations of Escrow Agent hereunder, including, without limitation, the Earnest Money Escrow Agreement Terms attached to this Agreement as Exhibit B.
Escrow Agent has not, as of the date hereof, received the Earnest Money, but on receipt thereof shall (a) hold the Earnest Money in accordance with this Agreement and the Earnest Money Escrow Agreement Terms attached to this Agreement as Exhibit B, and (b) issue a notice of its receipt of the Earnest Money to Purchaser and Seller by email to the addresses noted herein.
DATE OF EXECUTION
BY ESCROW AGENT:
__________________, 202__
ESCROW AGENT:
FIRST AMERICAN TITLE INSURANCE COMPANY
By:_________________________________
Name: ___________________________
Title: ____________________________
Item Title: 10.5
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EXHIBIT A
LAND
Legal Description for the Land to be verified by title commitment and survey Being that property situated in the City of Sun City, County of Riverside, State of California, described as follows:
In the County of Riverside, State of California, lying within Section 28, Township 5 South, Range 3 West, San Bernardino Base and Meridian, being a portion of Lot 2 as shown on the amended map “ROMOLA FARMS NO. 14”, in the Office of the County Recorder, Riverside County, filed in Map Book 19 Page 56 Official Records of said County, further described as follows:
Beginning at the most northerly corner of Lot C, Sun City Boulevard, as shown on that certain map entitled, “TRACT 2364”, recorded in the Office of the County Recorder, Riverside County, filed in Map Book 43 Pages 57 through 65;
Thence Southerly along the easterly right-of-way line of Lot C, as shown on the hereinabove map entitled, “TRACT 2364”, South 12° 32’ 49” East 185.29 feet and on a curve to the left, tangent to the preceding course, having a radius of 15 feet through a central angle of 90° 37’ 39”, an arc distance of
23.73 feet to a point of compound curvature;
Thence along the Northerly property line of Cherry Hills Boulevard, as shown on said map entitled, “TRACT 2364”, from said point of compound curvature on a curve to the left having a radius of 5,950.00 feet through a central angle of 2° 15’ 47”, an arc distance of 235.01 feet, to the true point of beginning; Thence leaving said Northerly right of way line of Cherry Hills Boulevard on a radial line North 15° 26’ 15” West 221.50 feet;
Thence North 73° 35’ 56” East 192.54 feet;
Thence South 17° 21’ 48” East 221.50 feet to a point on the Northerly right of way line of Cherry Hills Boulevard, as shown on said map entitled, “TRACT 2364”; Thence along the Northerly right of way of said Cherry Hills Boulevard on a curve to the right from the tangent which bears South 72° 38’ 12” West, having a radius of 5,950.00 feet through a central angle of 1° 55’ 33”, an arc distance of 199.99 feet to the true point of beginning.
EXCEPTING THEREFROM Oil and Mineral Rights reserved in that Grant Deed recorded November 29, 1957 in Book 2185, Page 189 of Official Records of Riverside County, California.
Also known as Lot 2 of Tract Map No. 2344 recorded on December 11, 1963 in Book 48, Pages 78 and 79 Riverside County Official Records.
Address: 26800 Cherry Hills Blvd., Menifee, CA 92586
Riverside County Tax Parcel No. 337-310-009
Item Title: 10.5
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EXHIBIT B
EARNEST MONEY ESCROW AGREEMENT TERMS
These Earnest Money Escrow Agreement Terms are made by and among the Seller, Purchaser, and Escrow Agent referenced in the Purchase and Sale Agreement (the “Agreement”).
RECITALS
Seller and Purchaser have entered into the Agreement concerning Property referenced in the Agreement.
In connection with the Agreement, Seller and Purchaser have requested Escrow Agent to receive funds to be held in escrow and applied in accordance with the terms and conditions of this Escrow Agreement.
NOW THEREFORE, in consideration of the above recitals, the mutual promises set forth herein and other good and valuable consideration, the parties agree as follows:
1. ESCROW AGENT. First American Title Insurance Company hereby agrees to act as Escrow Agent in accordance with the terms and conditions hereof.
2. INITIAL DEPOSIT/ADDITIONAL DEPOSITS. Escrow Agent shall receive an initial deposit in the amount set forth in Section 3.1 of the Agreement. Any additional amounts deposited with Escrow Agent shall be added to the initial deposit and together with the initial deposit and all interest and other earnings thereon shall be referred to herein collectively as the “Escrow Fund”.
3. DEPOSITS OF FUNDS. All checks, money orders or drafts will be processed for collection in the normal course of business. Escrow Agent may initially deposit such funds in its custodial or escrow accounts which may result in the funds being commingled with escrow funds of others for a time; however, as soon as the Escrow Fund has been credited as collected funds to Escrow Agent’s account, then Escrow Agent shall immediately deposit the Escrow Fund into an interest bearing account with any reputable trust company, bank, savings bank, savings association, or other financial services entity approved by Seller and Purchaser, not to be unreasonably withheld. Deposits held by Escrow Agent shall be subject to the provisions of applicable state statutes governing unclaimed property. Seller and Purchaser will execute the appropriate Internal Revenue Service documentation for the giving of taxpayer identification information relating to this account. Seller and Purchaser do hereby certify that each is aware the Federal Deposit Insurance Corporation coverages apply to a maximum amount of $250,000.00 per depositor. Further, Seller and Purchaser understand that Escrow Agent assumes no responsibility for, nor will Seller or Purchaser hold same liable for any loss occurring which arises from a situation or event under the Federal Deposit Insurance Corporation coverages.
3.1. All interest will accrue to and be reported to the Internal Revenue Service for the account of Purchaser, at the address set forth in Section 10.1 of the Agreement, Tax Identification No: ___________.
3.2. Escrow Agent shall not be responsible for any penalties, or loss of principal or interest, or any delays in the withdrawal of the funds which may be imposed by the depository institution as a result of the making or redeeming of the investment pursuant to Seller and Purchaser instructions.
Item Title: 10.5
Approval of Purchase and Sale Agreement for Acquisition of Real Property Item Page Number: 27
Menifee Mayor and City Council
February 1, 2023
Page
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Purchaser’s Initials ___________
Sun City CA6-148 B-2
4. DISBURSEMENT OF ESCROW FUND. Escrow Agent may disburse all or any portion of the Escrow Fund in accordance with and in reliance upon written instructions from both Seller and Purchaser. The Escrow Agent shall have no responsibility to make an investigation or determination of any facts underlying such instructions or as to whether any conditions upon which the funds are to be released have been fulfilled or not fulfilled, or to whom funds are released. If Escrow Agent receives a notice from Seller or Purchaser that the Agreement has been Terminated other than pursuant to Section 8.2 of the Agreement on account of Seller’s default, Escrow Agent shall immediately deliver all of the Escrow Fund to Seller. Escrow Agent shall release the Escrow Fund to Seller without the consent of Purchaser or notice to Purchaser.
5. DEFAULT AND/OR DISPUTES. In the event any party to the transaction underlying this Agreement shall tender any performance after the time when such performance was due, Escrow Agent may proceed under this Agreement unless one of the parties to this Agreement shall give to the Escrow Agent written direction to stop further performance of the Escrow Agent’s functions hereunder. In the event written notice of default or dispute is given to the Escrow Agent by any party, or if Escrow Agent receives contrary written instructions from any party, the Escrow Agent will promptly notify all parties of such notice. Thereafter, Escrow Agent will decline to disburse funds or to deliver any instrument or otherwise continue to perform its escrow functions, except upon receipt of a mutual written agreement of the parties or upon an appropriate order of court. In the event of a dispute, the Escrow Agent is authorized to deposit the escrow into a court of competent jurisdiction for a determination as to the proper disposition of said funds. In the event that the funds are deposited in court, the Escrow Agent shall be entitled to file a claim in the proceeding for its costs and counsel fees, if any. Notwithstanding the foregoing, if Escrow Agent receives a notice from Seller that the Agreement has been Terminated based on Purchaser’s default, in accordance with Section 8.1 of the Agreement, Escrow Agent shall immediately deliver all of the Escrow Fund to Seller without the consent of Purchaser or notice to Purchaser.
6. PERFORMANCE OF DUTIES. In performing any of its duties under this Agreement, or upon the claimed failure to perform its duties hereunder, Escrow Agent shall not be liable to anyone for any damages, losses or expenses which may occur as a result of Escrow Agent so acting, or failing to act; provided, however, Escrow Agent shall be liable for damages arising out of its willful default or gross negligence under this Agreement. Accordingly, Escrow Agent shall not incur any such liability with respect to (i) any good faith act or omission upon advice of counsel given with respect to any questions relating to the duties and responsibilities of Escrow Agent hereunder, or (ii) any good faith act or omission in reliance upon any document, including any written notice or instructions provided for in the Agreement, not only as to its due execution and to the validity and effectiveness of its provisions but also as to the truth and accuracy of any information contained therein, which Escrow Agent shall in good faith believe to be genuine, to have been signed or presented by the proper person or persons and to conform with the provisions of this Agreement.
7. LIMITATIONS OF LIABILITY. Escrow Agent shall not be liable for any loss or damage resulting from the following:
7.1. The effect of the transaction underlying this Agreement including without limitation, any defect in the title to the real estate, any failure or delay in the surrender of possession of the property, the rights or obligations of any party in possession of the property, the financial status or insolvency of any other party, and/or any misrepresentation of fact made by any other party;
7.2. The default, error, act or failure to act by any other party to the escrow; Item Title: 10.5
Approval of Purchase and Sale Agreement for Acquisition of Real Property Item Page Number: 28
Menifee Mayor and City Council
February 1, 2023
Page
81 of 454
Purchaser’s Initials ___________
Sun City CA6-148 B-3
7.3. Any loss, loss of value or impairment of funds which have been deposited in escrow while those funds are in the course of collection or while those funds are on deposit in a depository institution if such loss or loss of value or impairment results from the failure, insolvency or suspension of a depository institution;
7.4. Any defects or conditions of title to any property that is the subject of this escrow provided, however, that this limitation of liability shall not affect the liability of First American Title Insurance Company under any title insurance policy which it has issued or may issue. NOTE:
No title insurance liability is created by this Agreement.
7.5. Escrow Agent’s compliance with any legal process including but not limited to, subpoena, writs, orders, judgments and decrees of any court whether issued with or without jurisdiction and whether or not subsequently vacated, modified, set aside or reversed.
8. HOLD HARMLESS. Purchaser and Seller shall indemnify the Escrow Agent and hold the Escrow Agent harmless from all damage, costs, claims and expenses arising from performance of its duties as Escrow Agent including reasonable attorneys’ fees, except for those damages, costs, claims and expenses resulting from the gross negligence or willful misconduct of the Escrow Agent.
9. RELEASE OF PAYMENT. Payment of the funds so held in escrow by the Escrow Agent, in accordance with the terms, conditions and provisions of this Escrow Agreement, shall fully and completely discharge and exonerate the Escrow Agent from any and all future liability or obligations of any nature or character at law or equity to the parties hereto or under this Agreement.
10. NOTICES. Shall be sent in accordance with the within Agreement.
11. MISCELLANEOUS.
11.1. This Agreement shall be binding upon and inure to the benefit of the parties respective successors and assigns.
11.2. This Agreement shall be governed by and construed in accordance with the Laws of the State in which the Property is located.
11.3. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which, when taken together, shall constitute but one and the same instrument.
11.4. Time shall be of the essence of this Agreement and each and every term and condition hereof.
11.5. In the event a dispute arises between Purchaser and Seller under this Agreement, the losing party shall pay the attorney’s fees and court costs of the prevailing party.
Item Title: 10.5
Approval of Purchase and Sale Agreement for Acquisition of Real Property Item Page Number: 29
Menifee Mayor and City Council
February 1, 2023
Page
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Purchaser’s Initials ___________
Sun City CA6-148 C-1
EXHIBIT C
PERMITTED EXCEPTIONS TO DEED
1. Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records as of the date hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to, building and zoning ordinances.
2. Defects, liens, encumbrances, adverse claims or other matters (a) not known to the Grantor and not shown by the public records but known to the Grantee as of the date hereof and not disclosed in writing by the Grantee to the Grantor prior to the date hereof; (b) resulting in no loss or damage to the Grantee; or (c) attaching or created subsequent to the date hereof.
3. Visible and apparent easements and all underground easements.
4. Taxes and assessments for the year of closing and subsequent years.
5. All judgments, liens (excluding construction liens), assessments, code enforcement liens, encumbrances, declarations, mineral reservations, covenants, restrictions, reservations, easements, agreements and any other matters as shown on the public records.
6. Any state of facts which an accurate survey or inspection of the Property would reveal, including inland/tidal wetlands designation if applicable.
7. Any liens for municipal betterments assessed after the date of the within Agreement and/or orders for which assessments may be made after the date of the within Agreement.
8. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
9. Without limiting the foregoing, all covenants, conditions, restrictions and other matters of public record recorded or filed in the applicable records of Riverside County, California, with respect to the real property conveyed hereby.
10. All exceptions and other matters shown on that First American Title Insurance Company Title Commitment No. NCS-CA6-148-NC, with an effective date of February 5, 2021 at 7:30 a.m.
Item Title: 10.5
Approval of Purchase and Sale Agreement for Acquisition of Real Property Item Page Number: 30
Menifee Mayor and City Council
February 1, 2023
Page
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Purchaser’s Initials ___________
Sun City CA6-148 D-1
EXHIBIT D
FORM OF BILL OF SALE
BILL OF SALE AND ASSIGNMENT
FOR VALUE RECEIVED, BANK OF AMERICA, NATIONAL ASSOCIATION, a national banking association (“Assignor”), hereby, as of _________ ___, 202__, sells, bargains, conveys, assigns, transfers and sets over to ________________________, a _______________________ (“Assignee”), its successors and assigns forever, all of Seller’s right, title and interest in and to the furniture, fixtures, equipment and other items of personal property, if any, owned by Seller (collectively, the “Personal Property”), all as located on or attached to the real estate and the building and improvements erected thereon located at 26800 Cherry Hills Blvd., Menifee, California (the “Property”).
TO HAVE AND TO HOLD the above-mentioned Personal Property unto Assignee, its successors and assigns forever.
Assignor covenants, represents and warrants that it has good and legal title to the Personal Property free and clear of all claims, liens, security interests, charges and encumbrances, subject to the Permitted Exceptions shown in any public records or listed in the Deed from Assignor to Assignee of even date herewith conveying the Property, and that Assignor has the right to transfer and convey such title to the Personal Property to Assignee. All terms, covenants, representations and warranties contained herein shall be for and inure to the benefit of, and shall bind, the parties hereto and their respective successors and assigns.
Assignee takes the Personal Property “AS IS” and “WITH ALL FAULTS” and acknowledges that Assignor has not made and does not make any representations or warranties as to physical condition, operation, merchantability, marketability, profitability, suitability or fitness for a particular use or purpose or any other matter.
Notwithstanding anything contained herein to the contrary, no computer servers, desktop stations, laptops, files, documents, records or other personal property which could reasonably be expected to contain customer information, proprietary information or other confidential information (collectively, the “Protected Items”) shall become the property of or shall be disposed of by Assignee. In the event any Protected Items remain on the Property after closing, Assignee agrees to notify Assignor immediately and to promptly provide access during normal business hours for Assignor to retrieve said items; it being acknowledged by both Assignee and Assignor that such items may contain sensitive, confidential and/or proprietary information which is subject to federal regulations as to ownership, possession, storage, disposal, removal or other handling. Further, Assignee agrees not to make any copies of the information contained in the Protected Items, nor display or disseminate the Protected Items or the information contained therein to any third parties. Assignee agrees that it will not contact any media outlet or other third party to publicize any Protected Items left on the Property. In addition, upon request, Assignee agrees to execute a certificate in a form prepared and provided by the Assignor, attesting under penalty of perjury to the foregoing. This provision shall survive the Closing of the sale of the Property.
The parties agree to accept a digital image of this Bill of Sale and Assignment, as executed, as a true and correct original and admissible as best evidence for the purposes of State law, Federal Rule of Evidence 1002, and the like statutes and regulations.
Item Title: 10.5
Approval of Purchase and Sale Agreement for Acquisition of Real Property Item Page Number: 31
Menifee Mayor and City Council
February 1, 2023
Page
84 of 454
Purchaser’s Initials ___________
Sun City CA6-148 D-2
IN WITNESS WHEREOF and intending to be legally bound hereby, the undersigned have executed this Bill of Sale and Assignment as of the date first set forth hereinabove.
ASSIGNOR:
BANK OF AMERICA, NATIONAL ASSOCIATION, a
national banking association
By:_________________________________
Name: Kathleen M. Luongo
Title: Vice President
ASSIGNEE:
________________________, a _______________________
By:_________________________________
Name: ___________________________
Title: ____________________________
Item Title: 10.5
Approval of Purchase and Sale Agreement for Acquisition of Real Property Item Page Number: 32
Menifee Mayor and City Council
February 1, 2023
Page
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Item Title: 10.5
Approval of Purchase and Sale Agreement for Acquisition of Real Property Item Page Number: 33
Menifee Mayor and City Council
February 1, 2023
Page
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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:
Grant Fund Adopted FY 2022/23 Revenue Budget: $2,025,210.00
1. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022 American Rescue Plan (ARP):
Fire Station #68 Project 301-3742 $329,429
September 21, 2022 2022 Clean Air Microgrant 301-3744 1,000 September 21, 2022 Specialized Transit Program 301-3891 150,000 October 19, 2022
American Rescue Plan: Holland Road
Water, Recycled Water, and Sewer Utilities
Project (FY21/22 Carry-Over)
301-3742 500,000
October 19, 2022
American Rescue Plan: Economic
Development Program (FY21/22 Carry-
Over)
301-3742 500,000
November 2, 2022 US DOJ Bulletproof Vest Partnership Grant 301-3863 5,119.34 November 16, 2022 Permanent Local Housing Allocation
(PLHA) 301-3743 391,071
November 16, 2022 American Rescue Plan: Mass Notification System (FY21/22 Carry-Over) 301-3742 120,000
November 16, 2022 CalRecycle Edible Food Recovery Grant 301-3892 241,360 December 7, 2022 OTS Grant 301-3865 109,000
February 1, 2023
American Rescue Plan (ARP):
Bank of America Property Acquisition
and Tenant Improvements Project
301-3742 2,215,000
TOTAL: $4,561,979.34
Amended Grant Fund FY 2022/23 Revenue Budget: $6,587,189.34 Grant Fund Adopted FY 2022/23 Expenditure Budget: $2,010,210.00
2. Record Appropriation(s):
CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022 American Rescue Plan (ARP):
Fire Station #68 Project 301-4555-58101 $329,429
August 3, 2022 SB1383 Local Assistance Grant:
FY2021/22 Budget Carryover 301-4660-52854 141,516
Item Title: 10.5
Approval of Purchase and Sale Agreement for Acquisition of Real Property Item Page Number: 34
Menifee Mayor and City Council
February 1, 2023
Page
87 of 454
Amending the Fiscal Year 2022/23 Grant Fund Budget
ARP: Bank of America Property
2 4
3 9
7 5
September 21, 2022 2022 Clean Air Microgrant 301-4661-52844 1,000 September 21, 2022 Specialized Transit Program 301-4660-58159 150,000 October 19, 2022
Holland Road Water, Recycled Water, and
Sewer Utilities Project (FY21/22 Carry-
Over)
301-4221-52216 500,000
October 19, 2022
American Rescue Plan: Economic
Development Program (FY21/22 Carry-
Over)
301-4221-58162 500,000
November 2, 2022 US DOJ Bulletproof Vest Partnership Grant 301-4911-52834 5,119.34 November 16, 2022 Permanent Local Housing Allocation
(PLHA) 301-4330-52843 391,071
November 16, 2022 American Rescue Plan: Mass Notification System (FY21/22 Carry-Over) 301-4221-58161 120,000
November 16, 2022 CalRecycle Edible Food Recovery Grant 301-4331-58164 233,860 November 16, 2022 CalRecycle Edible Food Recovery Grant (Transfer Out- Staff Administration) 301-4331-59000 7,500 December 7, 2022 OTS Grant 301-4911-52426 109,000
February 1, 2023
American Rescue Plan (ARP):
Bank of America Property Acquisition
and Tenant Improvements Project
301-4555-TBD 2,215,000
TOTAL: $4,703,495.34
Amended Grant Fund FY 2022/23 Expenditure Budget: $6,713,705.34
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the Grant 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:
American Rescue Plan (ARP):
Bank of America Property Acquisition and Tenant
Improvements Project
$2,215,000
Amended Grant Fund FY 2022/23 Budget: $6,587,189.34
Expenditures:
American Rescue Plan (ARP):
Bank of America Property Acquisition and Tenant
Improvements Project
$6,713,705.34
Amended Grant Fund FY 2022/23 Budget: $6,713,705.34
Item Title: 10.5
Approval of Purchase and Sale Agreement for Acquisition of Real Property Item Page Number: 35
Menifee Mayor and City Council
February 1, 2023
Page
88 of 454
Amending the Fiscal Year 2022/23 Grant Fund Budget
ARP: Bank of America Property
3 4
3 9
7 5
PASSED, APPROVED AND ADOPTED this 1st day of February 2023. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Kay Vinson, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.5
Approval of Purchase and Sale Agreement for Acquisition of Real Property Item Page Number: 36
Menifee Mayor and City Council
February 1, 2023
Page
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CITY OF MENIFEE
SUBJECT: Agreement with NV5, Inc. for Design Services for the Murrieta Road Bridge Over Salt Creek Project, Capital Improvement Project No. 23-01
MEETING DATE: February 1, 2023
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with NV5, Inc. in an amount not-to-exceed $1,778,391 to conduct design, project management and supporting services for the Murrieta Road Bridge Over Salt Creek, Capital Improvement Project (CIP) No. 23-01.
DISCUSSION
The Murrieta Road Bridge Over Salt Creek (Project) is located along Murrieta Road, between Park City Avenue and Camino Del Sol Norte. The Project would widen approximately 2,100 linear feet of the existing two-lane roadway into a four-lane roadway and bridge spanning the length of Salt Creek, approximately 450 linear feet. The Project would include pedestrian sidewalks, architectural features, and a signalized trail crossing, as well as curb and gutter, ADA ramps, street lighting, and drainage improvements. Identified as a flood prone area in the City’s Local Hazard Mitigation Plan, the Project would elevate the roadway surface above the 100-year floodplain elevation, eliminating the need to close the roadway during major rain events and improving emergency response time. This Project would also address existing traffic congestion between Newport Road and the future connection of Valley Blvd just north of Salt Creek.
On September 29, 2022, staff solicited proposals for design services through a Request for Proposal (RFP). The requested services include:
•Project Management
•Field Surveying & Geotechnical Evaluation
•Environmental Analysis
•Utility Coordination
•Permitting
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 1
Menifee Mayor and City Council
February 1, 2023
Page
90 of 454
City of Menifee Staff Report
CIP 23-01 NV5 Design Agreement
February 1, 2023
1 0
0 1
•Plans, Specification, and Estimates (PS&E)
A total of two proposals were received by the deadline from the following firms:
•CNS Engineers
•NV5, Inc. (NV5)
An evaluation committee (Committee) comprised of City staff reviewed the submittals based on criteria set forth within the RFP no. 2023-3 package. To ensure fair and thorough evaluations, instructions to proposing firms required fee proposals to be submitted separately. The Committee’s review focused on each firm’s project understanding, proposed scope of work, qualifications of proposed staff, qualifications of the overall firm, project schedule, and the quality of responsiveness of the proposal. The initial evaluation of the proposals resulted in similar final scores for both firms. Staff subsequently conducted evaluation interviews wherein each firm was afforded an opportunity to provide a presentation and respond to predetermined questions from Committee panelists. Committee members scored and ranked each firm based on the evaluation interview resulting in aggregate scores for each firm, as summarized in Table 1 below.
Table 1- Firm Ranking Summary
Firm Name Qualification
Ranking Interview Score Fee Proposal
NV5 1 81.50% $1,924,174.00
CNS Engineers 2 79.75% $2,324,490.86
As a result of the evaluation interviews, NV5 was ranked as the top qualified firm to provide design services for the Project. Upon completing initial qualification rankings, staff proceeded to open the fee proposal submitted. NV5 initially proposed to perform the design services for a total amount of $1,924,174.
In an effort to remain within the project’s independent cost estimate and established design budget of $1,800,000, staff initiated negotiations with NV5 and made adjustments to the following:
•Revision of fees on some tasks
•Inclusion of NEPA as part of the required Environmental Analysis •Exclusion of various optional tasks
•Removal of Construction Bidding & Support (these tasks would be performed in-house) These changes to the scope of work resulted in an amended proposed fee of $1,778,391. The revised scope of work is consistent with the needs of the Project and can be supported within the Project budget. City Council action is required for approval of the proposed professional services agreement for the design services with NV5 as the total amount of the agreement exceeds the City Manager’s signing authority.
STRATEGIC PLAN OBJECTIVE
Accessibility and Interconnectivity
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 2
Menifee Mayor and City Council
February 1, 2023
Page
91 of 454
City of Menifee Staff Report
CIP 23-01 NV5 Design Agreement
February 1, 2023
1 0
0 1
FISCAL IMPACT
The total anticipated cost for the Project’s professional design services is $1,778,391. Funding to support the proposed professional services agreement is available through established Project budgets in fiscal year 2022/23, as summarized in Table 2 below.
Table 2- Existing Project Funding
Fund Project Account
Number
Available
Balance
Cost of
Services
Menifee Valley
RBBD
Murrieta Road
Bridge Over Salt
Creek
415-4555-58148 $1,800,000 $1,778,391
ATTACHMENTS
1. Project Location Map
2. Agreement
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 3
Menifee Mayor and City Council
February 1, 2023
Page
92 of 454
Catano Rd
Mount Bachelor Way
Murrieta Rd
Camino Del Sol Este
Caminito Del Sol Sur
Baldy Peak Dr
A v i d a
D
r
Park City Ave
Luxor Rd
Squaw Valley Dr
LAKE ELSINORE
PERRIS
CANYON
LAKE
215
Cherry Hills Blvd
Haun Rd
S u n
C
i t y
B
l
v
d
Newport Rd
P
e
b
b
l
e
B
e
a
c
h D r
M c C a l l B l v
d
G
o
e
t
z
R
d
N o r m a n d y R d
Murrieta Rd
B
r
a
d
l
e
y
R
d
Holland Rd
Railroad
Canyon Rd
Project Site
0 0.03 0.06
Miles
Date: 1/5/2023
Murrieta Road Bridge over Salt Creek (CIP 23-01)
Project Location Map
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 4
Menifee Mayor and City Council
February 1, 2023
Page
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2671/031858-0001
7630376.2 a01/06/23
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 23-01 MURRIETA ROAD BRIDGE OVER SALT CREEK PROJECT
(ARCHITECTURAL AND ENGINEERING DESIGN SERVICES)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _______ day of ______, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and NV5, INC, a California C-Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on February 1, 2023 and shall end on June 30, 2024 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.
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 5
Menifee Mayor and City Council
February 1, 2023
Page
94 of 454
2671/031858-0001
7630376.2 a01/06/23 -2-
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed ONE MILLION SEVEN
HUNDRED SEVENTY EIGHT THOUSAND THREE HUNDRED NINETY ONE DOLLARS AND ZERO CENTS ($1,778,391.00) 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;
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 6
Menifee Mayor and City Council
February 1, 2023
Page
95 of 454
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g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 7
Menifee Mayor and City Council
February 1, 2023
Page
96 of 454
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7630376.2 a01/06/23 -4-
and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 8
Menifee Mayor and City Council
February 1, 2023
Page
97 of 454
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7630376.2 a01/06/23 -5-
against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 9
Menifee Mayor and City Council
February 1, 2023
Page
98 of 454
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7630376.2 a01/06/23 -6-
right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference: CIP 23-01 MURRIETA ROAD BRIDGE OVER SALT CREEK PROJECT
(ARCHITECTURAL AND ENGINEERING DESIGN SERVICES). The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 10
Menifee Mayor and City Council
February 1, 2023
Page
99 of 454
2671/031858-0001
7630376.2 a01/06/23 -7-
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 11
Menifee Mayor and City Council
February 1, 2023
Page
100 of 454
2671/031858-0001
7630376.2 a01/06/23 -8-
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 12
Menifee Mayor and City Council
February 1, 2023
Page
101 of 454
2671/031858-0001
7630376.2 a01/06/23 -9-
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 13
Menifee Mayor and City Council
February 1, 2023
Page
102 of 454
2671/031858-0001
7630376.2 a01/06/23 -10-
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 14
Menifee Mayor and City Council
February 1, 2023
Page
103 of 454
2671/031858-0001
7630376.2 a01/06/23 -11-
c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 15
Menifee Mayor and City Council
February 1, 2023
Page
104 of 454
2671/031858-0001
7630376.2 a01/06/23 -12-
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Carmen Kasner, Senior Vice President (“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.
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 16
Menifee Mayor and City Council
February 1, 2023
Page
105 of 454
2671/031858-0001
7630376.2 a01/06/23 -13-
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Jenny McConville, Management Analyst I (“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:
NV5, INC
Attn: Carmen Kasner, Senior Vice President
15092 Avenue of Science, Suite 200
San Diego, CA 92128
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Jenny McConville, Management Analyst I
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 Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 17
Menifee Mayor and City Council
February 1, 2023
Page
106 of 454
2671/031858-0001
7630376.2 a01/06/23 -14-
Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 18
Menifee Mayor and City Council
February 1, 2023
Page
107 of 454
2671/031858-0001
7630376.2 a01/06/23 -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:
Kay Vinson, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Carmen Kasner, Senior Vice President
MaryJo O'Brien, Board Secretary
[Corporation must have two signatures]
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 19
Menifee Mayor and City Council
February 1, 2023
Page
108 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include CIP 23-01 Murrieta Road Bridge Over Salt Creek Project (Architectural and Engineering Design Services) in the amount not to exceed ONE MILLION SEVEN HUNDRED
SEVENTY EIGHT THOUSAND THREE HUNDRED NINETY ONE DOLLARS AND ZERO CENTS ($1,778,391.00) as further detailed in the following page(s).
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 20
Menifee Mayor and City Council
February 1, 2023
Page
109 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A.
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 21
Menifee Mayor and City Council
February 1, 2023
Page
110 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -2-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 22
Menifee Mayor and City Council
February 1, 2023
Page
111 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -3-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 23
Menifee Mayor and City Council
February 1, 2023
Page
112 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -4-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 24
Menifee Mayor and City Council
February 1, 2023
Page
113 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -5-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 25
Menifee Mayor and City Council
February 1, 2023
Page
114 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -6-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 26
Menifee Mayor and City Council
February 1, 2023
Page
115 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -7-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 27
Menifee Mayor and City Council
February 1, 2023
Page
116 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -8-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 28
Menifee Mayor and City Council
February 1, 2023
Page
117 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -9-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 29
Menifee Mayor and City Council
February 1, 2023
Page
118 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -10-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 30
Menifee Mayor and City Council
February 1, 2023
Page
119 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -11-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 31
Menifee Mayor and City Council
February 1, 2023
Page
120 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -12-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 32
Menifee Mayor and City Council
February 1, 2023
Page
121 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -13-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 33
Menifee Mayor and City Council
February 1, 2023
Page
122 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -14-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 34
Menifee Mayor and City Council
February 1, 2023
Page
123 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -15-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 35
Menifee Mayor and City Council
February 1, 2023
Page
124 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -16-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 36
Menifee Mayor and City Council
February 1, 2023
Page
125 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -17-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 37
Menifee Mayor and City Council
February 1, 2023
Page
126 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -18-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 38
Menifee Mayor and City Council
February 1, 2023
Page
127 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -19-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 39
Menifee Mayor and City Council
February 1, 2023
Page
128 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -20-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 40
Menifee Mayor and City Council
February 1, 2023
Page
129 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -21-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 41
Menifee Mayor and City Council
February 1, 2023
Page
130 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -22-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 42
Menifee Mayor and City Council
February 1, 2023
Page
131 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -23-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 43
Menifee Mayor and City Council
February 1, 2023
Page
132 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -24-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 44
Menifee Mayor and City Council
February 1, 2023
Page
133 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -25-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 45
Menifee Mayor and City Council
February 1, 2023
Page
134 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A. -26-
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 46
Menifee Mayor and City Council
February 1, 2023
Page
135 of 454
2671/031858-0001
7630376.2 a01/06/23 EXHIBIT A.
Item Title: 10.6
Agreement
with
NV5,
Inc.
for
Design
Services
for
the
Murrieta
Road
Bridge
Over
Salt
Creek
Project,
Capital
Improvement
Project No. 23-01
Item Page Number: 47
Menifee Mayor and City Council
February 1, 2023
Page
136 of 454
CITY OF MENIFEE
SUBJECT: Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan
MEETING DATE: February 1, 2023
TO: Mayor and City Council
PREPARED BY: Jennese McConville, Management Analyst I
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement (PSA) with KTU&A for the development of the City of Menifee Complete Streets Plan in an amount not-to-exceed $244,349.19.
DISCUSSION
In October 2021, the City applied for Fiscal Year (FY) 2022/2023 grant funding through the Sustainable Transportation Planning Grant Program, administered by the California Department of Transportation (Caltrans) to support the development of the City of Menifee Complete Streets Plan.
The grant application outlined a $250,000 funding need for development of the Plan. The proposed Plan would advance the City’s “Vision Zero” goals by 2050 and would serve as a guide for public and private development by focusing on street improvements that are safe for all users of the City’s roadway network. The Plan would identify opportunities for roadway and trail network connectivity, pedestrian/bicycling use opportunities, public transit opportunities, and consider the City’s future growth and need for safe and comfortable multi-modal travel City-wide.
In April 2022, Caltrans notified the City that $221,325 in Grant funding was awarded to support the development of the Plan. On May 4, 2022, the City Council adopted a Resolution accepting the Grant funds and on September 21, 2022, the City Council authorized the City Manager to execute the Sustainable Communities Restricted Grant PSA with Caltrans. The PSA established that of the $250,000 funding need requested, a local funding match of 11.47%, or $28,675, would be required.
Item Title: 10.7
Agreement with KTU&A for the Development of the City of Menifee Complete Streets Plan Item Page Number: 1
Menifee Mayor and City Council
February 1, 2023
Page
137 of 454
City of Menifee Staff Report
CIP 22-30 KTU&A Agreement
February 1, 2023