Notwithstanding the preceding provisions of this Section, the source of funds for the acquisition of the Acquisition Facility or any portion thereof shall be funds on deposit in the Other Facilities Account of the Improvement Fund. If no such funds are available, EMWD shall not be required to acquire the Acquisition Facility from the Developer. In such event, the Developer shall complete the design and construction and offer to EMWD property ownership of such portions of the Acquisition Facility as are required to be constructed by the Developer as a condition to recordation of subdivision maps for the Property, but need not construct any portion of the Acquisition Facility which it is not so required to construct. Reimbursement for these facilities would be made pursuant to the “Standard Water and/or Sewer Facilities and Service Agreement(s)” by and between EMWD and the Developer. (g) Easements and/or Fee Title Property Ownership Deeds. The Developer shall, at the time EMWD acquires the Acquisition Facility as provided in Section 7(f) hereof, grant or cause to be granted to EMWD, by appropriate instruments prescribed by EMWD, all easements across private property and/or fee title property ownership deeds which may be reasonably necessary for the proper operation and maintenance of such Acquisition Facility, or any part thereof. (h) Permits. The Developer shall be responsible for obtaining all necessary construction permits from the City covering construction and installation of the Acquisition Facility. EMWD will request the City to issue an “operate and maintain permit” to EMWD, which will become effective upon the completion of the Acquisition Facility and acceptance of property ownership therewith by EMWD. (i) Maintenance. Prior to the transfer of property ownership of an Acquisition Facility by the Developer to EMWD, as provided in Section 7(f) hereof, the Developer shall be responsible for the maintenance thereof and shall require its contractor(s) to repair all facilities damaged by any party, prior to acceptance by EMWD and/or make corrections determined to be necessary by EMWD’s inspection personnel.
Item Title: 11.1
Ordinance
Introduction
and
Formation
of
Community
Facilities
District
Community
Facilities
District
No.
2023-2,
Cimarron
Ridge (Facilities)
Item Page Number: 157
Menifee Mayor and City Council
April 19, 2023
Page
515 of 538
10 (j) Inspection of Records. EMWD shall have the right to review all books and records of the Developer pertaining to the costs and expenses incurred by the Developer for the design and construction of the Acquisition Facility during normal business hours by making arrangements with the Developer. The Developer shall have the right to review all books and records of EMWD pertaining to costs and expenses incurred by EMWD for services of the EMWD Engineer Representative by making arrangements with EMWD.
(k) Property Ownership of Improvements. Notwithstanding the fact that some or all of the Acquisition Facility may be constructed in dedicated street rights-of-way or on property which has been or will be dedicated to EMWD, each Acquisition Facility shall be and remain the property of the Developer until acquired by EMWD as provided in this Agreement.
(l) Materials and Workmanship Warranty. Upon the completion of the acquisition of an Acquisition Facility by EMWD, the performance bond related to such individual Acquisition Facility provided by the Developer pursuant to Section 7(c)(v) hereof, shall be reduced by 90%, and the remaining 10% shall serve as a maintenance bond to guarantee that such Acquisition Facility will be free from defects due to faulty workmanship or materials for a period of one year. Release of performance and payment bonds is addressed in the Standard Water and/or Sewer Facilities and Service Agreement, by and between EMWD and the Developer.
(m) Independent Contractor. In performing this Agreement with respect to the Acquisition Facilities, the Developer is an independent contractor and not the agent of EMWD. EMWD shall not have any responsibility for payment to any contractor, subcontractor or supplier of the Developer. It is not intended by the Parties that this Agreement create a partnership or joint venture among them and this Agreement shall not otherwise be construed.
(n) Insurance Requirements. Neither the Developer nor its contractor shall commence work on an Acquisition Facility under this Agreement prior to obtaining all insurance required hereunder with a company or companies acceptable to EMWD, nor shall the Developer’s contractor allow any subcontractor to commence work on its subcontract until all insurance required of the subcontractor has been obtained.
The Developer shall, during the life of this Agreement, notify EMWD in writing of any incident giving rise to any potential bodily injury or property damage claim and any resultant settlements, whether in conjunction with this or any other project which may affect the limits of the required coverage, as soon as is reasonable and practical.
Both the Developer and its contractor shall conform in every respect to the requirements set forth in the Standard Water and/or Sewer Facilities and Service Agreement, by and between EMWD and the Developer.
8. Indemnification.
(a) Indemnification by the City. The City shall assume the defense of, indemnify and save harmless, EMWD, its officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of the City with respect to this Agreement and the issuance of the Bonds; provided, however, that the City shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents or employees.
Item Title: 11.1
Ordinance
Introduction
and
Formation
of
Community
Facilities
District
Community
Facilities
District
No.
2023-2,
Cimarron
Ridge (Facilities)
Item Page Number: 158
Menifee Mayor and City Council
April 19, 2023
Page
516 of 538
11 (b) Indemnification by Developer. Developer shall assume the defense of, indemnify and save harmless, the City, the CFD and EMWD, their respective officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of Developer with respect to this Agreement; provided, however, that Developer shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents or employees. (c) Indemnification by EMWD. EMWD shall assume the defense of, indemnify and save harmless, the City, the CFD and their respective officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of EMWD with respect to this Agreement, and the design, engineering and construction of the EMWD Facilities and the Acquisition Facilities constructed by EMWD; provided, however, that EMWD shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents or employees.
9. Allocation of Special Taxes. The entire amount of any Special Taxes levied by the CFD to repay Bonds, or to fund other obligations, shall be allocated to the CFD.
10. Amendment and Assignment. This Agreement may be amended at any time but only in writing signed by each Party hereto. This Agreement may be assigned, in whole or in part, by the Developer to the purchaser of any parcel of land within the Property, provided, however, such assignment shall not be effective unless and until EMWD and the City have been notified, in writing, of such assignment and the assignment specifies whether the Developer or such assignee is authorized to execute disbursement requests.
11. Entire Agreement. This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the Parties with respect to the subject matter of this Agreement.
12. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either Party shall be deemed to have been received when personally delivered or seventy-two hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows:
City: City of Menifee
29844 Haun Road
Menifee, CA 92586
Attention: Deputy City Manager
EMWD: Eastern Municipal Water District
P.O. Box 8300
2270 Trumble Road
Perris, CA 92572-8300
Attention: Special Funding Division
Email: [email protected]
Developer: Pulte Home Company, LLC
27401 Los Altos, Suite 400
Mission Viejo, CA 92691
Item Title: 11.1
Ordinance
Introduction
and
Formation
of
Community
Facilities
District
Community
Facilities
District
No.
2023-2,
Cimarron
Ridge (Facilities)
Item Page Number: 159
Menifee Mayor and City Council
April 19, 2023
Page
517 of 538
12 Attention: Darren Warren
Each Party may change its address for delivery of notice by delivering written notice of such change of address to the other Parties hereto. Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, telegram or telecopier upon the sender’s receipt of written acknowledgement from the addressee, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section.
13. Exhibits. All exhibits attached hereto are incorporated into this Agreement by reference.
14. Attorney’s Fees. In the event of the bringing of any action or suit by any Party against any other Party arising out of this Agreement, the Party in whose favor final judgment shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit, including reasonable attorney’s fees.
15. Interpretation in the event of Ambiguities or Disputes. The Parties acknowledge and agree that each has been given the opportunity to review this Agreement with legal counsel independently, and/or has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. In the event of an ambiguity in or dispute regarding the interpretation of same, the interpretation of this Agreement shall not be resolved by any rule of interpretation providing for interpretation against the Party who causes the uncertainty to exist or against the drafter.
16. Severability. If any part of this Agreement is held to be illegal or unenforceable by court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
17. Governing Law. This Agreement and any dispute arising hereunder shall be governed by interpreted in accordance with the laws of the State of California.
18. Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by any other Party hereto, or the failure by a Party to exercise its rights upon the default of any other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by such other Party with the terms of this Agreement thereafter.
19. No Third Party Beneficiaries. No person or entity other than the CFD, when and if formed, shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than EMWD, the City, the CFD and Developer (and their respective successors and assigns, exclusive of individual homebuyers), any rights, remedies, obligations or liabilities under or by reason of this Agreement.
20. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.
21. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. [REMAINDER OF PAGE LEFT BLANK]
Item Title: 11.1
Ordinance
Introduction
and
Formation
of
Community
Facilities
District
Community
Facilities
District
No.
2023-2,
Cimarron
Ridge (Facilities)
Item Page Number: 160
Menifee Mayor and City Council
April 19, 2023
Page
518 of 538
S-1
21. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year written above.
CITY OF MENIFEE
_____________________________
Deputy City Manager
ATTEST:
By: _____________________________
Sarah Manwaring, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY OF THE CITY OF MENIFEE
By: _____________________________
Jeffrey T. Melching, City Attorney
[SIGNATURES CONTINUED ON NEXT PAGE.]
Item Title: 11.1
Ordinance
Introduction
and
Formation
of
Community
Facilities
District
Community
Facilities
District
No.
2023-2,
Cimarron
Ridge (Facilities)
Item Page Number: 161
Menifee Mayor and City Council
April 19, 2023
Page
519 of 538
S-2
EASTERN MUNICIPAL WATER DISTRICT
By: _________________________________
Paul D. Jones II, General Manager
ATTEST:
By: _____________________________
Sheila Zelaya, Board Secretary
DEVELOPER
PULTE HOME COMPANY, LLC,
a Michigan limited liability company
By: _________________________________
Its: _________________________________
Item Title: 11.1
Ordinance
Introduction
and
Formation
of
Community
Facilities
District
Community
Facilities
District
No.
2023-2,
Cimarron
Ridge (Facilities)
Item Page Number: 162
Menifee Mayor and City Council
April 19, 2023
Page
520 of 538
A-1
EXHIBIT “A”
COMMUNITY FACILITIES DISTRICT NO. 2023-2 (CIMARRON RIDGE)
OF THE CITY OF MENIFEE
DEPICTION OF PROPERTY
Item Title: 11.1
Ordinance
Introduction
and
Formation
of
Community
Facilities
District
Community
Facilities
District
No.
2023-2,
Cimarron
Ridge (Facilities)
Item Page Number: 163
Menifee Mayor and City Council
April 19, 2023
Page
521 of 538
B-1
EXHIBIT “B”
COMMUNITY FACILITIES DISTRICT NO. 2023-2 (CIMARRON RIDGE)
OF THE CITY OF MENIFEE
DESCRIPTION OF PROPERTY
City of Menifee, County of Riverside, State of California Tract Map(s):
TRACT NO. 36658
Item Title: 11.1
Ordinance
Introduction
and
Formation
of
Community
Facilities
District
Community
Facilities
District
No.
2023-2,
Cimarron
Ridge (Facilities)
Item Page Number: 164
Menifee Mayor and City Council
April 19, 2023
Page
522 of 538
C-1
EXHIBIT “C”
COMMUNITY FACILITIES DISTRICT NO. 2023-2 (CIMARRON RIDGE)
OF THE CITY OF MENIFEE
FACILITIES DESCRIPTION
1. EMWD Facilities. The type of EMWD Facilities eligible to be financed by the CFD under the Act are as follows:
Those water and sewer facilities included in EMWD’s water and sewer capacity and connection fee programs used to finance expansion projects, exclusive of in-tract facilities contributed by Developer.
EMWD Facilities include, but are not limited to the following: water and sewer transmission pipelines, sewer treatment plants, disposal ponds, pumping plants, lift stations and water reservoirs, including all costs of site acquisition, planning, design, engineering, legal services, materials testing, coordination, surveying, construction staking, construction, inspection and any and all appurtenant facilities and appurtenant work relating to the foregoing.
2. Acquisition Facilities. The types of Acquisition Facilities eligible to be financed by the CFD under the Act shall consist of sewer and water transmission lines, sewer and water pump stations and water reservoirs, including all costs of site acquisition, planning, design, engineering, legal services, materials testing, coordination, surveying, construction staking, construction inspection and any and all appurtenant facilities to the foregoing required to serve the Property. The facilities listed above are representative of the types of facilities eligible to be financed by the CFD as Acquisition Facilities.
Detailed scope and limits of specific projects will be determined by EMWD as appropriate, consistent with the standards of the EMWD.
Item Title: 11.1
Ordinance
Introduction
and
Formation
of
Community
Facilities
District
Community
Facilities
District
No.
2023-2,
Cimarron
Ridge (Facilities)
Item Page Number: 165
Menifee Mayor and City Council
April 19, 2023
Page
523 of 538
D-1
EXHIBIT “D”
IMPROVEMENT ARE NO. OF
COMMUNITY FACILITIES DISTRICT NO. 2023-2 (CIMARRON RIDGE)
OF THE CITY OF MENIFEE
DISBURSEMENT REQUEST FORM
(EMWD Facilities)
1. City of Menifee Community Facilities District No. 2023-2 (Cimarron Ridge) of the City of Menifee (“CFD”) is hereby requested to pay from the CFD bond proceeds of Improvement Are No. (“Bond Proceeds”) to Eastern Municipal Water District (“EMWD”), as Payee, or to EMWD’s designee, the sum set forth in 3 below.
2. The undersigned certifies that the amount requested for EMWD Facilities is due and payable, has not formed the basis of prior request or payment, and is being made with respect to the connection of the property described below to the EMWD system.
3. Amount requested: $________________
For Tract/Lot Nos: _________________
4. The amount set forth in 3 above is authorized and payable pursuant to the terms of the Joint Community Facilities Agreement, by and among the City of Menifee, EMWD and Pulte Home Company, LLC, dated _________, 2023 (the “Agreement”). Capitalized terms not defined herein shall have the meaning set forth in the Agreement. EMWD shall spend the Bond Proceeds allocated hereby in accordance with the requirements set forth in Section 5 of the Agreement.
5. By entering into the Agreement and requisitioning Bond Proceeds as described herein, EMWD is not passing upon, determining or assuming the tax-exempt status of the Bonds for federal or California state income tax purposes.
DEVELOPER
PULTE HOME COMPANY, LLC,
a Michigan limited liability company
By:
EASTERN MUNICIPAL WATER DISTRICT
By: ______________________
Name: ____________________
Title: _____________________
Date: _____________________
cc: EMWD Special Funding District
Item Title: 11.1
Ordinance
Introduction
and
Formation
of
Community
Facilities
District
Community
Facilities
District
No.
2023-2,
Cimarron
Ridge (Facilities)
Item Page Number: 166
Menifee Mayor and City Council
April 19, 2023
Page
524 of 538
E-1
EXHIBIT “E”
IMPROVEMENT ARE NO. OF
COMMUNITY FACILITIES DISTRICT NO. 2023-2 (CIMARRON RIDGE)
OF THE CITY OF MENIFEE
PAYMENT REQUEST FORM
CITY OF MENIFEE CFD NO. 2023-2 (CIMARRON RIDGE) – OTHER FACILITIES
ACCOUNT OF THE IMPROVEMENT FUND
City of Menifee (“City”), Eastern Municipal Water District (“EMWD”) and _______________ (“Developer”) are parties to the Joint Community Facilities Agreement, dated as of __________ (the “EMWD JCFA”). Capitalized undefined terms used herein shall have the meanings ascribed thereto in the EMWD JCFA. Pursuant to the EMWD JCFA, Developer hereby requests approval of the acquisition price of the Acquisition Facility(ies) described in Attachment A attached hereto. In connection with this Payment Request, Developer hereby represents and warrants to the EMWD as follows:
(a) The person executing this Payment Request is qualified to execute this Payment Request on behalf of Developer and knowledgeable as to the matters set forth herein. (b) The Acquisition Facility(ies) have been constructed in accordance with the Plans therefor, and in accordance with all applicable EMWD standards and the requirements of the EMWD JCFA.
(c) The true and correct Actual Cost of the Acquisition Facility(ies) is set forth in Attachment A.
(d) Developer has submitted or submits herewith to EMWD the contracts, invoices, receipts, worksheets and other evidence of Actual Costs which are in sufficient detail to allow the EMWD Representative to verify the Actual Cost of the Acquisition Facility(ies) for which payment is requested. (e) There are no liens, rights to lien or attachment upon, or claims affecting the right to receive the payment requested herein which has not been released or will not be released simultaneously with the payment of such obligation, other than materialmen’s or mechanics’ liens accruing by operation of law. Copies of lien releases for all work for which payment is requested hereunder are attached hereto.
Developer hereby declares under penalty of perjury that the above representations and warranties are true and correct.
Developer hereby requests that the acquisition price be paid to the person or persons, in the amount set forth in Attachment B hereto.
DEVELOPER
PULTE HOME COMPANY, LLC,
a Michigan limited liability company
By: ____________________________
Its: _______________________________
Item Title: 11.1
Ordinance
Introduction
and
Formation
of
Community
Facilities
District
Community
Facilities
District
No.
2023-2,
Cimarron
Ridge (Facilities)
Item Page Number: 167
Menifee Mayor and City Council
April 19, 2023
Page
525 of 538
E-2
CONFIRMATION AND APPROVAL BY EMWD
EMWD has (a) confirmed that the Acquisition Facility(ies) described in Attachment A is complete and was constructed in accordance with the Plans therefor, and (b) reviewed, verified and approved the acquisition price of such Acquisition Facility(ies). Such Acquisition Facility(ies) is/are complete and the acquisition price therefor eligible for payment is $________. The amount to be paid and the payee(s) are described in Attachment B.
Date: AUTHORIZED REPRESENTATIVE OF
EMWD
By:_________________________________
Item Title: 11.1
Ordinance
Introduction
and
Formation
of
Community
Facilities
District
Community
Facilities
District
No.
2023-2,
Cimarron
Ridge (Facilities)
Item Page Number: 168
Menifee Mayor and City Council
April 19, 2023
Page
526 of 538
E-3
ATTACHMENT A
Acquisition Facility Actual Cost Acquisition Price*
Total Acquisition Price to be Paid:
Item Title: 11.1
Ordinance
Introduction
and
Formation
of
Community
Facilities
District
Community
Facilities
District
No.
2023-2,
Cimarron
Ridge (Facilities)
Item Page Number: 169
Menifee Mayor and City Council
April 19, 2023
Page
527 of 538
E-4
ATTACHMENT B
ACQUISITION PRICE PAYMENT INSTRUCTIONS
[Include name and address of payee and wire transfer instructions] Item Title: 11.1
Ordinance
Introduction
and
Formation
of
Community
Facilities
District
Community
Facilities
District
No.
2023-2,
Cimarron
Ridge (Facilities)
Item Page Number: 170
Menifee Mayor and City Council
April 19, 2023
Page
528 of 538
CITY OF MENIFEE
SUBJECT: Termination of Local Emergency Pertaining to COVID-19 MEETING DATE: April 19, 2023
TO: Mayor and City Council
PREPARED BY: Robert Cardenas, Deputy Human Resources Director REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt a resolution terminating the local emergency and all related executive orders and resolutions still in effect related to the COVID-19 pandemic.
DISCUSSION
In December 2019, an outbreak of respiratory illness known as COVID-19 was discovered in China and eventually spread, impacting various countries, including the United States. In response, the National Centers for Disease Control and Prevention (CDC), State of California, and local health departments, worked with cities to monitor, plan, and reduce the spread.
On March 18, 2020, the City Council, proclaimed a local emergency via Resolution No. 20-869 to mobilize local resources, coordinate emergency response, and seek reimbursement.
On February 28, 2023, Governor Gavin Newsom officially ended the COVID-19 State of Emergency. County of Riverside’s emergency order expired the same day. Therefore, staff recommends termination of local emergency pertaining to COVID-19 via the adoption of the resolution attached.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
Item Title: 12.1
Termination of Local Emergency Pertaining to COVID-19
Item Page Number: 1
Menifee Mayor and City Council
April 19, 2023
Page
529 of 538
City of Menifee Staff Report
Termination of COVID-19 Emergency Order
April 19, 2023
1 4
9 6
ATTACHMENTS
1. Resolution Terminating Local Emergency and Executive Orders Pertaining to COVID-19
2. Resolution No. 20-869
Item Title: 12.1
Termination of Local Emergency Pertaining to COVID-19
Item Page Number: 2
Menifee Mayor and City Council
April 19, 2023
Page
530 of 538
1 RESOLUTION NO. 23-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
TERMINATING THE PROCLAMATION OF LOCAL EMERGENCY ADOPTED AS RESOLUTION 20-869
WHEREAS, pursuant to Menifee Municipal Code Section 1.10.050(A)(1), while in session on March 18, 2020, the City Council adopted Resolution 20-869, which found and proclaimed the existence and threatened existence of a local emergency within the City caused by the novel coronavirus (COVID- 19) epidemic/pandemic; and
WHEREAS, since that time the City responded to the COVID-19 crisis through a variety of programs, initiatives, and safety measures; and
WHEREAS, on February 28, 2023, the Governor of the State of California issued a proclamation terminating the state of emergency in California related to COVID-19; WHEREAS, pursuant to Government Code section 8630, the City Council, after reviewing the need for continuing the local emergency, has determined that conditions no longer warrant continuing the local emergency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1.The above recitals are true and correct and are incorporated herein.
Section 2.The Proclamation of Local Emergency, adopted as Resolution 20-869, is hereby rescinded in its entirety.
Section 3. This Resolution shall take effect immediately.
PASSED, APPROVED AND ADOPTED this 19th day of April 2023. ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
A. Kay Vinson, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 12.1
Termination of Local Emergency Pertaining to COVID-19
Item Page Number: 3
Menifee Mayor and City Council
April 19, 2023
Page
531 of 538
RESOLUTION NO.20.869
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALTFORNIA,
PROCLAIMING EXISTENCE AND THREATENED EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, Chapter 1.10 of the City of Menifee's (the City) Municipal Code empowers the City Council to proclaim the existence or threatened existence of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as an epidemic; and WHEREAS, pursuant to Menifee Municipal Code Section 1 .10.050(AX1 ), while in session the City Council has been asked by the Director of Emergency Services of the City to proclaim that a local emergency exists; and
WHEREAS, the City Council finds that there exists and is threatened to exist conditions of disaster and extreme peril to the safety of persons and property within the City caused by novel coronavirus (COVID-19) epidemic/pandemic. COVID-19 causes infectious diseases and was first detected in Wuhan City, Hubei Province, China in December 2019.
WHEREAS, as of March 18, 2020, COVID-19 has spread globally to over 155 countries, infecting more than 212,000 persons and killing more than 8,700 individuals worldwide. Due to the expanding list of countries with widespread transmission of COVID-19, and increasing travel alerts and warnings for countries with sustained or uncontrolled community transmission issued by the Centers of Disease Control and Prevention (CDC), COVID-19 has created conditions that are likely to be beyond the control of local resources and require the combined forces of other political subdivisions to combat; and WHEREAS, on January 30,2020 the World Health Organization (WHO) declared the outbreak a "public health emergency of international concern";
WHEREAS, on January 31, 2020 United States Health and Human Services Secretary Alex M.
Azar ll declared a public health emergency for the United States to aid the nation's healthcare community in responding to COVID-19;
WHEREAS, on February 26,2020 the CDC confirmed the first case of local person-to-person community transmission of COVID-19 in the United States; WHEREAS, on March 8,2020 the Health Officer of Riverside County determined that there is an imminent threat to the public health from the introduction of COVID-19 and declared a local health emergency;
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency in California due to the introduction and spread of COVID-19; WHEREAS, on March 11, 2020 the WHO elevated the public health emergency caused by the spread of COVID-19 to the status of a pandemic; and
WHEREAS, as of March 18,2020, there were 16 known and confirmed cases of COVID-19 within Riverside County, and there were two known cases of COVID-19 in Western Riverside County; 12 of the 16 cases were locally acquired; there were three known deaths.
1. Item Title: 12.1
Termination of Local Emergency Pertaining to COVID-19
Item Page Number: 4
Menifee Mayor and City Council
April 19, 2023
Page
532 of 538
Proclaiming Existence of Local Emergency
WHEREAS, on March 15, 2020, the Governor of the State of California released statewide guidance, urging the highest risk of population (individuals who are 65 years or older, or have compromised immune system) to self-isolate at home;
WHEREAS, on March 16, 2020, the President of the United States issued "The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread," which recommended, and among other things:
@: "lf you feel sick, stay home. Do not go to
work. Contact your medical provider."
Children: "lf your children are sick, keep them at home. Do not send them to school. Contact your medical provider."
Tested Positive: "lf someone in your household has tested positive for the coronavirus, keep the entire household at home. Do not go to work. Do not go to school. Contact your medical provider".
o Older Persons: "lf you are an older person, stay home and away from other people."
Vulnerable: "lf you are a person with a serious underlying health condition that can put you at increased risk (for example, a condition that impairs your lung or heart function or weakens your immune system), stay home and away from other people."
o Young and Healthv: "Even if you are young, or otherwise healthy, you are at risk and your activities can increase the risk for others. lt is critical that you do your part to stop the spread of the coronavirus: (a) work or engage in schooling from home whenever possible; ... (c) avoid social gatherings in groups of more than 10 people; (d) avoid eating or drinking in bars, restaurants, and food courts - use drive-thru, pickup, or delivery options; (e) avoid discretionary travel, shopping trips, and social visits; (0 do not visit nursing homes or retirement or long-term care facilities unless to provide critical assistance." WHEREAS, on March 13,2020, school districts serving the City of Menifee, including Menifee Union School District, announced the closure of schools due to COVID-19, effective March 16, 2020; WHEREAS, on March 16,2020, the Health Officer of the County of Riverside issued the "Order of the Health Officer of the County of Riverside Cancelling All Gatherings With Expected Presence of Above 10 lndividuals" which is enforceable by fine, imprisonment or both, and which orders, among other things, as follows:
o Gatherinss of 10 or More Prohibited: Allgatherings within Riverside County "with an expected presence of at least 10 individuals taking place between March 16,2020 and April 30,2020 inclusive are pro!!E!!gg], regardless of venue. lf a venue is subdivided into multiple spaces separated by walls or enough airspace, the limit per subdivision of space is 10." o
o
o
o
2 Item Title: 12.1
Termination of Local Emergency Pertaining to COVID-19
Item Page Number: 5
Menifee Mayor and City Council
April 19, 2023
Page
533 of 538
Proclaiming Existence of Local Emergency
o Gatherinos of Less Than 10 lf a minimum social distance of 6 feet per person cannot be maintained, gatherings of less than 10 are also prohibited.
Exceptions: As relevant to the City, the County Health Officer's order does not apply to "edlical citv operations", so long as they observe all applicable state and federal guidelines for infection control; it does, however, apply to all non-critical city operations.
o Rationale: The Order explains that "As the presence of individuals [exposed to COVID-191 increases, the difficulty and magnitude of tracing individuals who may have been exposed to a case rises exponentially, increasing the likelihood that such gatherings will impair efforts at mitigating the spread of the illness.
WHEREAS, a proclamation of emergency authorizes the City to move quickly to address the significant and changing needs and challenges caused by COVID-19 epidemic; the emergency proclamation enables to Director of Emergency Services to, among other things:
(i) lnternal Coordination and Orqanization. The Director controls and directs the effort of the city's emergency organization, directs cooperation between and coordination of services and staff of the city's emergency organization, and resolves questions of authority and responsibility that may arise between them; (ii) Goordination with Public and Private Aqencies: The Directors represents the City in all dealings with public or private agencies on matters pertaining to emergencies;
(iii) Rules and Requlations to Protect Life and Propertv: The Director makes and issues rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council;
(iv) Acquirinq VitalSupplies: The Director obtains vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property;
(v) Gommands Emergencv Services of Citv Emplovees: The Director requires emergency services of any city officer or employee, and requisitions necessary personnel or material of the city's departments or agencies; and (vi) Additional Duties and Responsibilities as Assiqned: execute all special powers conferred by resolution adopted by the City Council, all powers conferred by any statute, by any agreement approved by the City Council, and by any other lawful authority.
WHEREAS, the City's ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal Governments will be criticalto successfully responding to COVID-19; o
3 Item Title: 12.1
Termination of Local Emergency Pertaining to COVID-19
Item Page Number: 6
Menifee Mayor and City Council
April 19, 2023
Page
534 of 538
Proclaiming Existence of Local Emergency
WHEREAS, these conditions of extreme peril warrant and necessitate that the City of Menifee proclaim the existence of a local emergency and grant the authority and duties further specified in this resolution.
NOW, THEREFORE, lT lS PROCLAIMED that a local emergency exists throughout the City and that the Emergency Organization of the City of Menifee, by and through the Director of Emergency Services, shall take all necessary steps for the protection of life, health and safety in the City of Menifee, including those steps authorized in Menifee Municipal Code Chapter 1 .10, those steps further authorized in this resolution, and such additional steps as the City Council may authorize from time to time; and lT lS FURTHER PROGLAIMED, that all City Departments shall, under the direction of the Director of Emergency Services, review and revise their department emergency and contingency plans to address the risks COVID-19 poses to their criticalfunctions; and lT lS FURTHER PROCLAIMED, that all City Departments shall track costs for staffing, supplies, and equipment related to COVID-19 preparation and prevention and forward that information to the City's Finance Department; and
lT lS FURTHER PROCLAIMED, the Director of Emergency Services shall coordinate citywide planning, preparedness and response efforts regarding COVID-19 with the Riverside County Department of Public Health and the Riverside County Office of Emergency Services (OES), and all other appropriate authorities.
NOW, THEREFORE, BE lT RESOLVED AND ORDERED by the City Council of the City of Menifee, California as follows:
Section 1. The area of the City which is endangered/imperiled is the entire City. During the existence of this local emergency, the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law and by ordinances, resolutions, and orders of this City.
Section 2. ln addition to the authority, duties, and responsibilities set forth in Chapter 1.10 of the Menifee Municipal Code, the Director of Emergency Services shall perform the following additional responsibilities and have the following additional authority for the duration of the declared emergency:
(i) Economic Development: The Director shall explore and implement economic development incentives, up to a maximum cumulative amount of $250,000 to assist local businesses during the period of the emergency. Preferred programs will be those that assist local businesses in providing essential services to vulnerable populations (e.9., meal delivery). (ii) CiW Hall Staffins: The Director shall develop and implement a staffing plan that is consistent with the guidance provided by President Trump, the Riverside County Health Official, and other applicable rules and guidelines. ln formulating the staffing plan, the Director shall balance the public health and safety of the Menifee community, the public health and safety of all City employees, and the need to continue to provide essential City services for the near- and long-term duration of the emergency.
(iii) Public Safetv: The Director shall work with all public safety authorities (e.9., Riverside County Sheriffs, CalFire), and with the City's Police Department, to ensure that the City's public safety needs are being satisfied. 4 Item Title: 12.1
Termination of Local Emergency Pertaining to COVID-19
Item Page Number: 7
Menifee Mayor and City Council
April 19, 2023
Page
535 of 538
Proclaiming Existence of Local Emergency
(iv) Onsoino Services: The Director shall make recommendations to the City Council to facilitate the continuing processing of permits, plans, and other entitlements and authorizations of the City;
(v) Commission and Committee Meetinss: The Director shall make recommendations for waiving or combining the functions of City Commissions (and expanding the use of telephonic meetings in lieu of in person meetings) so as to minimize in-person meetings where possible. Until such recommendations are considered and acted upon by the City Council, all meetings of all commissions and committees - excluding the Planning Commission - are hereby postponed.
(vi)Contractins AuthoriW: The Director, in his capacity as City Manager, shall have authority to approve, as necessary to address the COVID-19 emergency, all contracts up to $100,000 without prior City Council authorization. For contracts up to $200,000, as necessary to address the COVID-19 emergency, the Director will provide 24 hours prior notice of his intent to enter into such contract; if no member of the City Council requests City Council consideration of the contract within the 24 hour period, the Director (in his capacity as City Manager) shall have the authority to enter into the contract on the City's behalf. ln addition, in order to keep the City's contracting procedures functioning efficiently while reducing the City Council's meeting frequency, the Director will provide 24 hours prior notice of his intent to enter into any contract below $200,000 that does nof relate to the COVID-19 emergency; if no member of the City Council requests City Council consideration of the contract within the 24 hour period, the Director (in his capacity as City Manager) shall have the authority to enter into the contract on the City's behalf. The Director shall exercise a preference for local City of Menifee businesses in utilizing the contracting authority delegated in this paragraph. All contracts may be routed and signed via secure electronic signature technology(ies) to the full extent otherwise allowable by law. The City Council understands, acknowledges, and intends, that this is a delegation of authority for emergency purposes. (vii)Reportinq Obligations: The Director shall regularly report on the status of the emergency and the City's response thereto through memoranda to all members of the City Council. Members of the City Council that desire further discussion or evaluation of specific facets of the emergency response may request that an item be agendized for consideration at the next regularly scheduled City Council meeting (or a special meeting if necessary).
Section 3. City Council meetings on the first Wednesday of each month shall be cancelled until further notice. City Council meetings on the third Wednesday of each month shall continue, but members of the public, staff, and City Council will be encouraged to telecommute to the maximum extent feasible. lf deemed necessary by the Director, City Council meetings shall be closed to in-person attendance by members of the public; provided, however, that a right to telephonic and/or other remote participation shall be publicized to the Menifee community and described on each City Council agenda.
Section 4. A copy of this Resolution will be fonrvarded to the Director of California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with State Law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of Menifee; that the Governor waive regulations that may hinder response and recovery etforts; that recovery assistance be made available under that California Disasters Assistance 5 Item Title: 12.1
Termination of Local Emergency Pertaining to COVID-19
Item Page Number: 8
Menifee Mayor and City Council
April 19, 2023
Page
536 of 538
Proclaiming Existence of Local Emergency
Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
Section 5. This Resolution shall take effect immediately and widespread publicity and notices shall be given said Declaration through the most feasible and adequate means of disseminating such notices throughout the City;
Section 6. This Resolution shall remain in effect until terminated by further action of the City Council of the City of Menifee; provided, however, that the continuing need for the proclamation of emergency shall occur on each monthly City Council meeting.
Section 6. The duration of this local emergency, the powers, functions and duties of the emergency organization of the City shall be those, prescribed by state law, by ordinances and by resolutions of the City and by the City's Emergency Operations Plan as approved by the City Council of Menifee at29844 Haun Road, Menifee, CA 92586 on March 18, 2020; and that this local emergency shall be deemed to exist until its termination is proclaimed by the City Council of the City of Menifee, State of California.
PASSED, APPROVED AND ADOPTED this 18th day of March, 2020 a),).>.-
,,,, r,^,UlrGl,Mayor
Attest:
' 3.i"h A. Manwaring, City C
Approved as to tbrm
T. Melching, Attorney
6 Item Title: 12.1
Termination of Local Emergency Pertaining to COVID-19
Item Page Number: 9
Menifee Mayor and City Council
April 19, 2023
Page
537 of 538
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MENIFEE
)
)ss
)
Deines, Liesemeyer, Sobek, Zimmerman
l, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing City Council Resolution No. 20-869 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 18 of March 2020 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Sa
Clerk
None
August
Ncne
A.
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,MEN IFEE
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Item Title: 12.1
Termination of Local Emergency Pertaining to COVID-19
Item Page Number: 10
Menifee Mayor and City Council
April 19, 2023
Page
538 of 538