Agenda packet, second session — Menifee City Council, April 5, 2023 (part 3 of 3)

6 Annexation Owner Assessor's Parcel Numbers
16 Jefferson Menifee LLC 364-070-051
17 VSK Investments, LLC 329-020-009 and 329-020-022
18 AH EHC CA 1 364-190-004 and 364-190-005
19 DSMD Cajun Properties 360-020-029
Item Title: 11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services) Item Page Number: 38
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Ordinance Annex 18

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7 REVISED EXHIBIT B (cont.)
(Amending and Replacing Exhibit B of Ordinance No. 2017-231) COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

ORIGINAL FORMATION

ASSESSOR'S PARCEL NUMBERS

APN APN APN APN APN
360850024 360861031 360862008 360862050 360870030
360850029 360861032 360862009 360862051 360870031
360850030 360861033 360862010 360862052 360870032
360850031 360861034 360862011 360862053 360870033
360850032 360861035 360862012 360862054 360870034
360860001 360861036 360862013 360862055 360870035
360860017 360861038 360862014 360862056 360870036
360860026 360861039 360862016 360862057 360870037
360860027 360861040 360862017 360862058 360870038
360860028 360861041 360862018 360862059 360870039
360860041 360861042 360862019 360870001 360870040
360861001 360861043 360862020 360870002 360870041
360861002 360861044 360862021 360870003 360870042
360861003 360861045 360862022 360870004 360870043
360861004 360861046 360862023 360870005 360870044
360861005 360861047 360862024 360870006 360870045
360861006 360861048 360862025 360870007 360870046
360861007 360861049 360862026 360870008 360870047
360861008 360861050 360862027 360870009 360870048
360861009 360861051 360862028 360870010 360870049
360861010 360861053 360862029 360870011 360870050
360861012 360861054 360862031 360870012 360870051
360861013 360861055 360862032 360870013 360870052
360861014 360861056 360862033 360870014 360870053
Item Title: 11.2
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Ordinance Annex 18

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8 APN APN APN APN APN
360861015 360861057 360862034 360870015 360870054
360861016 360861058 360862035 360870016 360870055
360861017 360861059 360862036 360870017 360870056
360861018 360861060 360862037 360870018 360870057
360861019 360861061 360862038 360870019 360870058
360861020 360861062 360862039 360870020 360870059
360861021 360861063 360862040 360870021 360870060
360861022 360861064 360862041 360870022 360870061
360861023 360862001 360862042 360870023 360870062
360861025 360862002 360862043 360870024 360870063
360861026 360862003 360862044 360870025 360870064
360861027 360862004 360862046 360870026 360870065
360861028 360862005 360862047 360870027 360870066
360861029 360862006 360862048 360870028 360880001
360861030 360862007 360862049 360870029 360880002
360880003 360880042 360971003 360972002 360980014
360880004 360880043 360971004 360972003 360980015
360880005 360880044 360971005 360972004 360980016
360880006 360880045 360971006 360972005 360980017
360880007 360880046 360971007 360972006 360980018
360880008 360880047 360971008 360973001 360980019
360880009 360880048 360971009 360973002 360980020
360880010 360880049 360971010 360973003 360980021
360880011 360880050 360971011 360973004 360980022
360880012 360880051 360971012 360973005 360980023
360880013 360880052 360971013 360973006 360980024
360880014 360880053 360971014 360973007 360980025
360880015 360880054 360971015 360973008 360980026
360880016 360880055 360971016 360973009 360980027
360880017 360880056 360971017 360973010 360980028
360880018 360880057 360971018 360973011 360980029
Item Title: 11.2
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Ordinance Annex 18

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9 APN APN APN APN APN
360880019 360880058 360971019 360973012 360980030
360880020 360880059 360971020 360974001 360980031
360880021 360970001 360971021 360974002 360980032
360880022 360970002 360971022 360974003 360980033
360880023 360970003 360971023 360974004 360980034
360880024 360970004 360971024 360974005 360980035
360880025 360970005 360971025 360974006 360980036
360880026 360970006 360971026 360974007 360980037
360880027 360970007 360971027 360974008 360980038
360880028 360970008 360971028 360974009 360981001
360880029 360970009 360971029 360980001 360981002
360880030 360970010 360971030 360980002 360981003
360880031 360970011 360971031 360980003 360981004
360880032 360970012 360971032 360980004 360982001
360880033 360970013 360971033 360980005 360982002
360880034 360970014 360971034 360980006 360982003
360880035 360970015 360971035 360980007 360982004
360880036 360970016 360971036 360980008 360982005
360880037 360970017 360971037 360980009 360982006
360880038 360970018 360971038 360980010 360982007
360880039 360970019 360971039 360980011 360982008
360880040 360971001 360971040 360980012 360982009
360880041 360971002 360972001 360980013 360982010
360982011 364411001 364420019 364422018 364430013
360982012 364411002 364420020 364422019 364430014
360983001 364411003 364420021 364422020 364430015
360983002 364411004 364420022 364422021 364430016
360983003 364411005 364420023 364422022 364431001
360983004 364411006 364420024 364423001 364431002
360983005 364411007 364421001 364423002 364431003
360983006 364411008 364421002 364423003 364431004
Item Title: 11.2
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10 APN APN APN APN APN
360983007 364411009 364421003 364423004 364431005
360983008 364411010 364421004 364423005 364431006
360983009 364411011 364421005 364423006 364431007
360983010 364411012 364421006 364423007 364431008
360983011 364411013 364421007 364423008 364431009
360983012 364411014 364421008 364423009 364431010
364410001 364411015 364421009 364423010 364431011
364410002 364411016 364421010 364423011 364431012
364410003 364411017 364421011 364424001 364431013
364410004 364411018 364422001 364424002 364431014
364410005 364420003 364422002 364424003 364431015
364410006 364420004 364422003 364424004 364431016
364410007 364420005 364422004 364424005 364431017
364410008 364420006 364422005 364424006 364432001
364410009 364420007 364422006 364430001 364432002
364410010 364420008 364422007 364430002 364432003
364410011 364420009 364422008 364430003 364432004
364410012 364420010 364422009 364430004 364432005
364410013 364420011 364422010 364430005 364432006
364410014 364420012 364422011 364430006 364432007
364410015 364420013 364422012 364430007 364432008
364410016 364420014 364422013 364430008 364433001
364410017 364420015 364422014 364430009 364433002
364410018 364420016 364422015 364430010 364433003
364410019 364420017 364422016 364430011 364433004
364410020 364420018 364422017 364430012
Item Title: 11.2
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11 ANNEXATION NO. 2

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
339020039 339362020 339362021 339362022 339362023 339362024 339362025 339362026 339362027 339500001 339500002 339500003 339500004 339500005 339500006 339500007 339500008 339500009 339500010 339500011 339500012 339500013 339500014 339500015 339500016 339500017 339500018 339500019 339500020 339500021 339500022 339500023 339500024 339500025 339500026 339500027 339500028 339501001 339501002 339501003 339501004 339501005 339502001 339502002 339502003 339502004 339502005 339502006 339510001 339510002 339510003 339510004 339510005 339510006 339510007 339510008 339510009 339510010 339510011 339510012 339511001 339511002 339511003 339511004 339511005 339511006 339511007 339511008 339511009 339511010 339511011 339511012 339511013 339511014 339511015 339511016 339511017 339511018 339511019 339511020 339511021 339511022 339511023 339511024 339511025 339511026 339511027 339511028 339511029 339511030 339511031 339512001 339512002 339512003 339512004 339512005 339512006 339512007 339512008 339512009 339512010 339512011 339512012 339512013 339512014 339520001 339520002 339520003 339520004 339520005 339520006 339520007 339520008 339520009 339520010 339520011 339520012 339520013 339520014 339520015 339520016 339520017 339520018 339520019 339521001 339521002 339521003 339521004 339521005 339521006 339521007 339521008 339521009 339521010 339521011 339521012 339522001 339522002 339522003 339522004 339522005 339522006 339522007 339522008 339522009 339522010 339522011 339522012 339522013 339522014 339522015 339522016 339522017 339522018 339522019 339522020 339522021 339522022 339522023 339522024 339522025 339522026 339522027 339522028 339522029
ANNEXATION NO. 4

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
333070069 333070070 333070071 333070075 333070080 333070081 333070082 Item Title: 11.2
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12 ANNEXATION NO. 9

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
331080005 331080006 331080007 331080008 331080009 331080010 331080011 331080012 331080018 331080019 331080020 331080021 331080024 331080025 331080027 331080028 Item Title: 11.2
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Item Title: 11.2
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Item Title: 11.2
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INSERT EXHIBIT A: LEGAL DESCRIPTION
Real property in the City of Menifee, County of Riverside, State of California, described as follows:

PARCEL ONE: (APN: 364-190-004)
THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.

EXCEPTING THEREFROM THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, BEING DESCRIBED AS FOLLOWS:

BEGINNING AT THE EAST QUARTER OF SAID SECTION; THENCE N. 0° 41' 39" E., 56.20 FEET

ALONG THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION TO THE POINT OF BEGINNING; THENCE S. 89° 34' 27" W., 945.32 FEET; THENCE S. 0° 25' 33" E., 22.50 FEET; THENCE S. 89° 34' 27" W., 60.00 FEET; THENCE N. 0° 25' 33" W., 60.00 FEET; THENCE N. 89° 34' 27" E., 60.00 FEET; THENCE S. 0° 25' 33" E., 22.50 FEET; THENCE N. 89° 34' 27" E., 946.11 FEET TO THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE S. 0° 41' 39" W., 15.00 FEET TO THE POINT OF BEGINNING.

PARCEL TWO: (APN: 364-190-005)
THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, BEING DESCRIBED AS FOLLOWS:

BEGINNING AT THE EAST QUARTER OF SAID SECTION; THENCE N. 0° 41' 39" E., 56.20 FEET

Item Title: 11.2
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INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP
Item Title: 11.2
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Item Title: 11.2
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Item Title: 11.2
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CITY OF MENIFEE
SUBJECT: Development Code Amendment to Implement Housing Element Program Action 5
MEETING DATE: April 5, 2023
TO: Mayor and City Council
PREPARED BY: Doug Darnell, Principal Planner
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1.Find that Code Amendment No. LR23-0017 is exempt from further environmental review pursuant to Section 15061 (b)(3) “Common Sense Exemption” of the California Environmental Quality Act (CEQA) and 14 CCR 15168 (c)(2) based on the City’s previously certified 6th cycle, 2021-2029 Housing Element Project Final Program Environmental Impact Report, and direct staff to file a Notice of Exemption; and

2.Introduce an Ordinance approving Code Amendment No. LR23-0017, to amend Chapter

9.130.030 of the Development Code (Title 9 of the Menifee Municipal Code) to add provisions to for by-right review of residential projects with a minimum of 20% of the units affordable to lower income households and located on candidate sites identified in the current Housing Element and used in a prior housing element as required to implement Housing Element Program Action 5 and comply with State law.

DISCUSSION
The City Council initially adopted the City’s 2021-2029 Housing Element on December 15, 2021; however, after adoption, subsequent review and revisions to the Housing Element were required by the Department of Housing and Community Development (HCD) to comply with State Housing Element law. Once all HCD required revisions were completed to HCD’s satisfaction, the City Council re-adopted the Housing Element on November 16, 2022.

On November 22, 2022, the City submitted the re-adopted Housing Element to HCD for their review with the goal of receiving HCD’s final approval and certification. On January 19, 2023, the Item Title: 11.3
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City of Menifee Staff Report
Amendment to Title 9 of the Menifee Municipal Code
April 5, 2023

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City received a letter from HCD determining that the City’s Housing Element could not be found in full compliance until Housing Element Program 5 is completed.

The proposed Code Amendment supports the State’s housing goals to facilitate and remove barriers to housing, particularly affordable housing, and has been prepared in response to HCD’s determination letter as necessary to comply with State law. The City must adopt the amendment to obtain a determination by HCD that the City’s Housing Element complies with State Housing Element law (i.e., a “full compliance” determination letter). HCD staff has reviewed the City’s draft amendment and has indicated that, when adopted, the amendment will satisfy completion of Program Action 5.

Planning Commission Hearing – March 8, 2023
At the March 8, 2023, Planning Commission meeting, the Planning Commission voted 5-0 to adopt a resolution recommending that the City Council find Development Code Amendment No.

LR23-0017 exempt from further environmental review and approve the proposed Development Code Amendment LR23-0017.

Project Description
This proposed City initiated Development Code amendment adds provisions to the Development Code to implement Program Action 5 of the City’s 2021-2029 Housing Element as required to comply with State law and achieve full compliance for the Housing Element. Specifically, language is added to Chapter 9.130.030 for residential projects with a minimum of 20% of the units affordable to lower income households. This applies to non-vacant sites identified in the Housing Element to accommodate the City’s lower income portion of the City’s Regional Housing Needs Allocation (RHNA), and which were also used in the City’s prior 5th cycle Housing Element. The proposed amendment references Figure B-1 and Table B-12 in Appendix B of the Housing Element for a list of these sites, which are generally located in the northeasterly portion of the City, north of Watson Road between Sherman and Antelope Roads, east side of Antelope Road, south of Watson Road, and one site located on the west side of Menifee Road and northerly of Rouse Road. All these sites/parcels are zoned as High Density Residential (HDR) allowing for a density deemed sufficient to accommodate the lower income portion of the RHNA (i.e., units required to be accommodated by the City). Per State law, a 20% affordable housing project on these non- vacant sites shall be by-right and shall not require discretionary review that would constitute a “project” under CEQA. However, the law allows the City to require such project to be subject to objective design/development standards (i.e., the City’s Multifamily Objective Design Standards) and such project would need to comply with all applicable City requirements, development standards and codes, provided they are objective and do not involve discretionary review.

In addition to the above-described provisions for non-vacant sites, provisions are added for 20% lower income projects on vacant sites that may be identified as part of a future housing element to accommodate the lower income portion of the RHNA and which were used in two prior housing elements.

Item Title: 11.3
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April 5, 2023
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City of Menifee Staff Report
Amendment to Title 9 of the Menifee Municipal Code
April 5, 2023

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Environmental Determination
Staff has reviewed the proposed Code Amendment in accordance with the CEQA Guidelines and has determined that the Code Amendment is exempt pursuant to Section 15061 (b)(3) “Common Sense Exemption” of the CEQA Guidelines, as the proposed Code Amendment is required to implement Program Action 5 of the City’s adopted 6th cycle, 2021-2029 Housing Element and to comply with state law. The Code Amendment involves provisions that only affect the review process (i.e., by-right review), for 20% lower income residential projects on certain candidate sites identified in the Housing Element and used in a prior housing element, and as required by Government Code section 65583.2(j), such use shall be by-right and shall not require discretionary review that would constitute a “project” as defined in Section 21000 of the Public Resources Code (CEQA). Therefore, it can be seen with certainty that there is no possibility that the proposed amendments will have a significant impact on the environment.

Additionally, the proposed Code Amendment implements Program Action 5 of the City’s adopted 6th cycle, 2021-2029 Housing Element of the General Plan. On December 15, 2021, the City Council adopted Resolution No. 21-1110 adopting the Final Programmatic Environmental Impact Report (FPEIR) for the Housing Element Update Project (State Clearinghouse No. 2022010031) (Project). Pursuant to California Code of Regulations section 15168 (c)(2), when an agency adopts a program EIR, it does not need to prepare an additional environmental document for subsequent activities if the activity is within the scope of the program EIR. Based on data and analysis and findings of the FPEIR, the Project would not directly result in significant adverse environmental impacts and was already contemplated by the FPEIR. All potential impacts were determined to be less than significant without mitigation or can be reduced to a less than significant level with implementation of the mitigation measures identified in the FPEIR.

Additionally, no cumulative significant impacts were identified in the FPEIR based on findings that the Project’s contributions to such impacts are considered not to be cumulatively considerable.

Therefore, the adoption of the proposed Code Amendment would also be exempt pursuant to California Code of Regulations section 15168 (c)(2).

Findings
Findings for approval of the Code Amendment are included in the attached proposed Ordinance.

Public Notice
The proposed Project was noticed on March 26, 2023, for the April 5, 2023, City Council hearing.

The public notices were published within The Press Enterprise (adjudicated newspaper), SB Sun and Daily Bulletin. Notices were also mailed to anyone requesting a notice.

STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community

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

Item Title: 11.3
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City of Menifee Staff Report
Amendment to Title 9 of the Menifee Municipal Code
April 5, 2023

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ATTACHMENTS

1. Ordinance

2. Exhibit A – Proposed Amendments
Item Title: 11.3
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9 ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CODE AMENDMENT LR23-0017, AMENDING CHAPTER 9.130.030 OF THE DEVELOPMENT CODE (TITLE 9 OF THE

MENIFEE MUNICIPAL CODE) TO INCLUDE PROVISIONS REQUIRED TO IMPLEMENT HOUSING ELEMENT PROGRAM ACTION 5 AND COMPLY WITH

STATE LAW
WHEREAS, on December 15, 2021, the City Council initially adopted the City’s 6th cycle, 2021-2029 Housing Element, which had been previously reviewed by the State Department of Housing and Community Development (HCD) and revised to address HCD comments; WHEREAS, after the initial adoption of the Housing Element, subsequent review and revisions to the Housing Element were required by HCD to comply with State Housing Element law;
WHEREAS, on November 16, 2022, the City Council Adopted Resolution No. 2022-1265, re-adopting and approving HCD required revisions to the City’s 6 th cycle, 2021-2029 Housing Element to comply with State Housing Element law;
WHEREAS, on November 22, 2022, the City submitted the re-adopted 6 TH cycle, 2021- 2029 Housing Element to HCD for their review as required to comply with the State Housing law; WHEREAS, on January 19, 2023, the City received a letter from HCD determining that the Housing Element cannot be found in full compliance until Program 5 (Candidate Sites Used in Previous Housing Element) to allow by-right processing of sites identified in previous housing elements pursuant to Government Code section 65583.2, subdivision (c) is completed; WHEREAS, in January of 2023, the City of Menifee initiated an application for Code Amendment LR 23-0017 to amend the Development Code (Title 9 of the Menifee Municipal Code) to implement and complete Housing Element Program Action 5 and comply with State law (Government Code section 65583.2, subdivision (c));
WHEREAS, this proposed Code Amendment LR23-0017 includes amending Section

9.130.030 “Allowed Uses and Approval Requirements” of the Development Code for by-right review of residential projects with a minimum of 20 percent of units affordable to lower-income households on non-vacant sites identified to accommodate the lower-income Regional Housing Needs Allocation (RHNA) in the current adopted Housing Element and used in a prior housing element;
WHEREAS, Code Amendment LR23-0017 provides that such projects shall be by-right and shall not require discretionary review that would constitute a “project” under the California Environmental Quality Act (CEQA);
WHEREAS, Code Amendment LR23-0017 also includes amending Section 9.130.030 “Allowed Uses and Approval Requirements” of the Development Code for by-right review of residential projects with a minimum of 20 percent of units affordable to lower-income households on vacant sites identified to accommodate the lower-income RHNA in the current adopted Housing Element and used in two prior housing elements; Item Title: 11.3
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9 WHEREAS, Code Amendment LR23-0017 provides that such projects shall be by-right and shall not require discretionary review that would constitute a “project” under the California Environmental Quality Act (CEQA);
WHEREAS, upon adoption of the proposed Code Amendment to implement Housing Element Program Action 5, a copy of the Ordinance will be submitted to HCD as required to obtain a determination by HCD that the City’s adopted 6th cycle, 2021-2029 Housing Element complies with State law;
WHEREAS, on February 16, 2023, the Riverside County Airport Land Use Commission (ALUC) Director found Code Amendment No. LR 23-0017 to be consistent with the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan and the 2010/2011 Perris Valley Airport Land Use Compatibility Plan;
WHEREAS, Code Amendment No. LR23-0017 was publicly noticed for a Planning Commission public hearing to be held on March 8, 2023, provided by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice; and
WHEREAS, on March 8, 2023, the City of Menifee Planning Commission, held a public hearing on Code Amendment No. LR23-0017, considered all public testimony as well as all materials in the staff report and accompanying documents for Code Amendment No. LR23-0017; and
WHEREAS, at the March 8, 2023, Planning Commission public hearing, based upon all materials and testimony considered, the Planning Commission voted 5-0 to adopt Resolution No.

PC23-581 recommending that the City Council find the Code Amendment No. LR23-0017 exempt from environmental review under the California Environmental Quality Act and approve Code Amendment LR23-0017; and
WHEREAS, Code Amendment No. LR23-0017 was publicly noticed for a City Council public hearing to be held on April 5, 2023, provided by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice; and
WHEREAS, on April 5, 2023, the City of Menifee City Council, held a public hearing on Code Amendment No. LR23-0017, considered all public testimony as well as all materials in the staff report and accompanying documents for Code Amendment No. LR23-0017.

NOW, THEREFORE, the City Council of the City of Menifee hereby ordains as follows:

SECTION 1. Section 9.130.030, of the Menifee Development Code is amended pursuant to Code Amendment No. LR23-0017 as shown in Exhibit “A” attached hereto. Deletions are shown via strikethrough and additions are shown via underline.

SECTION 2. All ordinances, resolutions, or parts thereof in conflict with this Ordinance are hereby repealed.

SECTION 3. The proposed Development Code Amendment is consistent with the intent of the goals and policies of the General Plan.

Item Title: 11.3
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9 The proposed amendment is consistent with the intent of the goals and policies of the General Plan. The proposed amendment only affects the review process (i.e., by-right review), for 20 percent lower income residential projects on certain candidate sites identified in the most recently adopted Housing Element and used in a prior housing element. The proposed amendment is necessary to comply with State law (Government Code section 65583.2, subdivision (c)).

Additionally, the amendment is consistent the following goals and policies of the General Plan:
 Goal HE-1: A diverse housing stock that offers a full range of housing opportunities for Menifee residents and supports the local economy.
o Policy HE 1.1: Adequate Sites. Provide adequate sites to accommodate project housing unit growth needs identified by the 2021-2029 RHNA. o Policy HE 1.5: Entitlement Process. Provide flexible entitlement processes that facilitate innovative housing solutions yet balance the need for developer certainty in the approval process.
o Policy HE 1.6: Permit Process. Permit higher density housing in the 20.1-24 R General Plan designation per City policy.
 Goal HE-4: Effective and responsive housing program and policies. o Policy HE 4.1: Annual Housing Reporting. Evaluate the development of parcels for the 6th Cycle RHNA and report on the status of all housing programs in accordance with state and federal laws.
o Policy HE 4.2: Fair Housing Programs. Support and implement housing programs that overcome patterns of segregation and housing discrimination. o Policy HE 4.3: Housing Opportunities. Encourage development of opportunity sites and encourage affordable housing through density bonuses and related incentives.

SECTION 4. The proposed Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.

The proposed amendment to the Zoning and Development Code prescribes reasonable controls and standards to ensure compatibility with other established uses as the proposed amendment provisions only affect the review process (i.e., by-right review), for 20 percent lower income residential projects on certain candidate sites identified in the most recently adopted Housing Element and used in a prior housing element. Language is included to require such projects to comply with the City’s Multifamily Objective Development standards. The proposed amendment is necessary to comply with State law (Government Code section 65583.2, subdivision (c)).

SECTION 5. The proposed Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.

The proposed amendment to the Zoning and Development Code will provide reasonable property development rights while protecting environmentally sensitive land uses and species as the proposed amendment provisions only affect the review process (i.e., by-right review), for 20 percent lower income residential projects on certain candidate sites identified in the most recently adopted Housing Element and used in a prior housing element. Language is included to require Item Title: 11.3
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9 such projects to comply with the City’s Multifamily Objective Development standards. The proposed amendment is necessary to comply with State law (Government Code section 65583.2, subdivision (c)).

SECTION 6. The proposed Development Code Amendment ensures the protection of the general health, safety, and welfare of the community.

The proposed amendment ensures protection of the general health, safety, and general welfare of the community as the proposed amendment provisions only affect the review process (i.e., by-right review), for 20 percent lower income residential projects on certain candidate sites identified in the most recently adopted Housing Element and used in a prior housing element.

Language is included to require such projects to comply with the City’s Multifamily Objective Development standards. The proposed amendment is necessary to comply with State law (Government Code section 65583.2, subdivision (c)).

SECTION 7. Compliance with CEQA. The propo sed Development Code Amendment is in compliance with the requirements of the California Environmental Quality Act.

The proposed amendment complies with the California Environmental Quality Act (CEQA) and is determined to be exempt pursuant to Section 15061(b)(3) “Common Sense Exemption” of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the proposed amendments will have a significant impact on the environment as follows: 1) the proposed Code Amendment is required to implement Program Action 5 of the City’s adopted 6th cycle, 2021-2029 Housing Element and to comply with State law; 2) the Code Amendment involves provisions that only affect the review process (i.e., by-right review) for 20 percent lower income residential projects on certain candidate sites identified in the Housing Element and used in a prior housing element; 3) as required by Government Code section 65583.2(j), such use shall be by-right and shall not require discretionary review that would constitute a “project” as defined in Section 21000 of the Public Resources Code (California Environmental Quality Act “CEQA”); and 4) the proposed Code Amendment implements Program Action 5 of the City’s adopted 6 th cycle, 2021-2029 Housing Element of the General Plan.

In addition, the proposed amendment is also exempt from CEQA pursuant to California Code of Regulations section 15168 (c) (2), which provides that when an agency adopts a program EIR, it does not need to prepare an additional environmental document for subsequent activities if the activity is within the scope of the program EIR. On December 15, 2021, the City Council adopted Resolution No. 21-1110 adopting the Final Programmatic Environmental Impact Report (“FPEIR”) for the Housing Element Update Project (State Clearinghouse No. 2022010031) (“Project”). Based on data and analysis and findings of the FPEIR, the Project would not directly result in significant adverse environmental impacts. All potential impacts were determined to be less than significant without mitigation or can be reduced to a less than significant level with implementation of the mitigation measures identified in the FPEIR. Additionally, no cumulative significant impacts were identified in the FPEIR based on findings that the Project’s contributions to such impacts are considered not to be cumulatively considerable.

SECTION 8.

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, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Menifee hereby declares the Council would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, Item Title: 11.3
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9 phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sub- divisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional, invalid, or ineffective.

SECTION 9. This ordinance shall take effect 30 days from the date of its adoption.

SECTION 10. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage and adoption of this Ordinance and cause this Ordinance to be published using the alternative summary and posting procedure authorized under Government Code Section 36933.

This Ordinance was introduced for first reading on April 5, 2023, and PASSED, APPROVED, AND ADOPTED this ___ day of _________________ 2023.

Bill Zimmerman, Mayor
Approved as to form:

Jeffrey T. Melching, City Attorney
Attest:

Kay Vinson, Acting City Clerk
Item Title: 11.3
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9 EXHIBIT A
Item Title: 11.3
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MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code 1

9.130.030 Allowed Uses and Approval Requirements

A.Allowed Use Table. Table 9.130.030-1 identifies allowed uses and corresponding approval requirements for the residential 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 9.130.030-1 shall be permitted in one or more of the residential 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. Where indicated with an “NA,” the use is not applicable to 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 9.130.030-1 authorize a use without satisfaction of such specified additional requirements.

C.Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of the listed zones. The Community Development Director may make a determination pursuant to Chapter 9.95 (Similar Use Determination) that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate.

Table 9.130.030-1 Residential Zones - Allowed Uses and Approval Requirements Allowed Use Additional Requirements

RESIDENTIAL USES
Accessory Dwelling Unit
(ADU) P P P P P P Chapter 9.35 (Accessory Dwelling Unit Permit)
Affordable Housing
Development with a
minimum of 20 percent of
units affordable to lower
income households on non-
vacant HDR zoned sites
identified to accommodate
lower income RHNA in the
current housing element
and used in a prior housing
element. 1

MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code 2
Table 9.130.030-1 Residential Zones - Allowed Uses and Approval Requirements Allowed Use Additional Requirements
Affordable Housing
Development with a
minimum of 20 percent of
units affordable to lower
income households on
vacant HDR zoned sites
identified to accommodate
lower income RHNA in the
current housing element
and used in two prior
housing elements. 2

NA NA NA NA NA P
Per Government Code §65583.2(i),
such use shall be by-right and shall not
require discretionary review that would
constitute a “project” as defined in
Section 21100 of the Public Resources
Code (California Environmental Quality
Act “CEQA”)
Subject to Multifamily Objective Design
Standards
Bed & breakfast
establishment C C C C -- -- Chapter 9.245 (Bed and Breakfast) Congregate care facilities C C C C C C Chapter 9.270 (Community Care Facilities)
Duplex (two-family
dwelling) P P P P P P
Emergency shelters -- -- -- -- -- P In locations specified in the Housing Element
Family day care home, large P P P P P P Chapter 9.60 (Large Family Day Care Permit)
Family day care home,
small P P P P P P
Group Residential Facility
Six or Fewer Residents
Seven or More Residents
P
C
P
C
P
C
P
C
P
C
P
C
Chapter 9.270 (Community Care
Facilities)
Guest house, accessory to
single-family detached P P P P P P Chapter 9.295 (Special Housing Types) Home Occupation P P P P P P Chapter 9.255 (Home Occupation and Home-Based Business)
Home-Based Businesses -- -- -- -- -- -- Chapter 9.255 (Home Occupation and Home-Based Business)
Manufactured Home P P P P P P
Mobile home park C C C C C C Chapter 9.295 (Special Housing Types) Multiple family -- P P P P P
Residential Care Facility C C C C C C Chapter 9.270 (Community Care Facilities)
Short-term rental — — — — — —
Single- family detached P P P P — —
Single-room occupancy
units -- -- -- -- -- P Chapter 9.295 (Special Housing Types) Supportive housing C C C C C C
Transitional housing C C C C C C

NON-RESIDENTIAL USES
2 For list of sites, refer to the latest adopted Housing Element Item Title: 11.3
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MENIFEE, CA

DEVELOPMENT CODE
Menifee, CA | Development Code 3
Table 9.130.030-1 Residential Zones - Allowed Uses and Approval Requirements Allowed Use Additional Requirements
Animals, Small (e.g.
hamsters, rabbits,
chinchillas, and similar sized
animals)
Non-Commercial
Commercial
P
--
P
--
P
--
P
--
P
--
P
-- Chapter 9.235 (Animal Keeping)
Animals, Medium (e.g.
sheep, goats, pigs, and
similar sized animals)
Non-commercial
Commercial
P
--
P
--
--
--
--
--
--
--
--
-- Chapter 9.235 (Animal Keeping)
Animals, Large (e.g. cows,
horses, camels, llamas, and
other similar sized animals)
Non-commercial
Commercial
P
--
P
--
--
--
--
--
--
--
--
-- Chapter 9.235 (Animal Keeping)
Apiary (non-commercial) P P -- -- -- -- Chapter 9.235 (Animal Keeping) Collection Containers -- -- -- -- -- --
Educational Institutions C C C C C C
Farms and agricultural
operations
Non-commercial
Commercial
C
C
--
--
--
--
--
--
--
--
--
--
Future Farmers of America
and 4-H Programs P P P P P P Chapter 9.235 (Animal Keeping) Fowl, Non Crowing P P -- -- -- -- Chapter 9.235 (Animal Keeping) Golf courses -- -- -- -- -- --
Governmental facilities C C C C C C
Kennels and catteries C C -- -- -- -- Chapter 9.235 (Animal Keeping) Marijuana dispensaries,
mobile marijuana
dispensaries, marijuana
cultivation, or marijuana
processing
-- -- -- -- -- --
Nurseries C -- -- -- -- -- Does not include cultivation of marijuana/cannabis.

Parks and recreation areas P P P P P P
Public utility facilities C C C C C C
Religious Institutions C C C C C C
Temporary real estate tract
offices P P P P P P
Wireless Communication
Facilities C C C C C C Chapter 9.290 (Wireless
Communication Facilities)
Item Title: 11.3
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CITY OF MENIFEE
SUBJECT: Agreement with Dokken Engineering for a Feasibility Study of the Salt Creek Trail Construction and Maintenance
MEETING DATE: April 5, 2023
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Professional Services Agreement with Dokken Engineering for a Feasibility Study of the Salt Creek Trail construction and maintenance in the amount not to exceed of $141,735; and

2. Adopt a Budget Amendment Resolution authorizing the appropriation of expenditures in the amount of $41,735 from available Community Services Department operating funds to account no. 512-4555-58147.

DISCUSSION
The City of Menifee’s Community Services Department in collaboration with the Riverside County Regional Park and Open-Space District (RivCo Parks) desire to develop options for extending the current multi-use trail along the Salt Creek Trail. Approximately 4.1 miles of the Salt Creek Trail was paved in 2020 extending from Goetz Road to Antelope Road; however, there is an unofficial user created dirt portion located behind the WellQuest Facility and Oasis Development that expands approximately 1.6 miles.

On June 15, 2022, Council authorized the City Manager to execute a Cooperative Agreement with RivCo Parks for the connectivity and maintenance Feasibility Study of the Salt Creek Trail.

The Study would help the City better understand the viability of creating a trail extension, maintenance of the trail, the trail’s ability to meet the needs of the community, and to provide recommendations on next steps for trail development.

Item Title: 12.1
Agreement with Dokken Engineering for a Feasibility Study of the Salt Creek Trail Construction and Maintenance Item Page Number: 1
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City of Menifee Staff Report
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April 5, 2023

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RivCo Parks notified City staff that the Agreement experienced a temporary delay in execution.

On November 29, 2022, Riverside County Board of Supervisors approved the Cooperative Agreement with the City of Menifee that outlined RivCo Parks’ commitment to contribute $100,000 towards the Feasibility Study of the connectivity and maintenance of the Salt Creek Trail.

On November 14, 2022, staff issued Request for Proposal (RFP) No. 2023-10 for a comprehensive Feasibility Study for construction and maintenance of the Salt Creek Trail. After not yielding any results, staff reached out to potential bidders to gain some insight on why no responses were submitted and determined that time constraints to develop the proposals were the biggest concern. On January 11, 2023, staff re-issued (RFP) No. 2023-10B.

The Study would include, at minimum, the following:

1. The recommendation of a preferred layout for a multi-use pedestrian trail based on an assessment of the existing conditions, land use constraints, existing property easements, transportation and access considerations, and public input; and

2. A feasibility study report that provides consideration and recommendations for access parking impacts and options, best design standards and requirements for a multi-use trail, proposed mitigation plan, construction phasing, and a preliminary cost estimate for each.

The City received three proposals from the following firms:
•Community Works Design Group
•Dokken Engineering
•Michael Baker International
An evaluation committee consisting of City staff evaluated the submittals. As part of the City’s RFP process, the firms were evaluated based on the criteria set forth in RFP 2023-10B which included the experience/qualifications of the firm, work plan methodology/project approach, delivery schedule and timeline, cost proposal, reference review, and the quality of responsiveness of the proposal.

Following the evaluation process and reference checks, City staff determined that Dokken Engineering was the most qualified to conduct the requested services.

All the tabulated results from the evaluations are listed in Table 1 below:

Table 1 – RFP Evaluation Summary
Firm Name Evaluation Score
Dokken Engineering 86.67
Michael Baker International 79.33
Community Works Design Group 77.33
Item Title: 12.1
Agreement with Dokken Engineering for a Feasibility Study of the Salt Creek Trail Construction and Maintenance Item Page Number: 2
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STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
The Cooperative Agreement with RivCo Parks included a transfer of $100,000 in remaining Salt Creek Trail Project funds to the City of Menifee for the purpose of the Study. However, all three proposal received were greater than this amount and the selected proposal amount was $141,735. Given that the existing budget is $100,000, additional funding in the amount of $41,735 would be required to fully support the Project as summarized in Table 2.

Table 2 –Funding Availability
CIP Project Account No. Available Budget Total Cost Salt Creek Trail Improvements 512-4555-58147 $100,000 $141,735 Unfunded Balance $41,735
Staff is requesting the additional allocation of $41,735 to account 512-4555-58147 from available fund balance in Fund 512 DIF 17 – Trails, to bring the total project funding to $141,735.

ATTACHMENTS

1. PSA - Dokken Engineering

2. BAR – DIF Fund 512
Item Title: 12.1
Agreement with Dokken Engineering for a Feasibility Study of the Salt Creek Trail Construction and Maintenance Item Page Number: 3
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2671/031858-0001
7630421.2 a01/26/23

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT

COMPREHENSIVE FEASIBILITY STUDY SERVICES FOR TRAIL CONSTRUCTION

AND MAINTENANCE
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 DOKKEN ENGINEERING, a California C Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

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

1.1 Term of Services. The term of this Agreement shall begin on April 5, 2023 and shall end on December 31, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

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

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

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

Item Title: 12.1
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

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

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed ONE HUNDRED FORTY

ONE THOUSAND SEVEN HUNDRED THIRTY FIVE DOLLARS AND ZERO CENTS ($141,735.00) 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: 12.1
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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 five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

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

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

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

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

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

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

SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees Item Title: 12.1
Agreement with Dokken Engineering for a Feasibility Study of the Salt Creek Trail Construction and Maintenance Item Page Number: 6
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and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

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

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

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

4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection Item Title: 12.1
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against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

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

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

Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the Item Title: 12.1
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right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference:

COMPREHENSIVE FEASIBILITY STUDY SERVICES FOR TRAIL CONSTRUCTION AND MAINTENANCE. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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

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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.

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

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

SECTION 6. STATUS OF CONSULTANT.

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

SECTION 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State Item Title: 12.1
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of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

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

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

SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

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

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

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

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SECTION 9. KEEPING AND STATUS OF RECORDS.

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

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

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

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

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

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SECTION 10. MISCELLANEOUS PROVISIONS.

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

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

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

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

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

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

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

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

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

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DOKKEN ENGINEERING
Attn: Pamela Dalcin-Walling, Project Manager
110 BLUE RAVINE ROAD, SUITE 200
FOLSOM, CA 95630
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Nancy Rodriguez, Management Analyst
with a copy to:

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

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

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

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

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

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

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

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

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

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

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

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

Kay Vinson, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
John A. Klemunes, Jr, President

Cathy Chan, Secretary

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

EXHIBIT A

SCOPE OF SERVICES
Services shall include Comprehensive Feasibility Study Services for Trail Construction and Maintenance in the amount not to exceed ONE HUNDRED FORTY ONE THOUSAND SEVEN HUNDRED THIRTY FIVE DOLLARS AND ZERO CENTS ($141,735.00) as further detailed in the following page(s).

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