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Plot Plan No. PLN 22-0154 proposes the re-development of the Inland Empire Energy Center (IEEC) generation plant, which has been decommissioned. Some of the existing infrastructure is proposed to remain, such as the switchyard, control room, warehouse, storm water drainage system, etc. For this redevelopment, the Applicant is proposing a battery energy storage system, which will use lithium-ion, flow battery, or other battery technology to store electrical energy from the grid to be discharged later when customer demand is high. The project’s capacity would not exceed the interconnection capacity of 680 MW.
The Project may be constructed in phases or all at once depending on when full capability is needed. The Project will interconnect with the grid at the Southern California Edison’s Valley Substation using the facilities already in place at the decommissioned IEEC. No additional transmission facilities will be needed. The Project proposes to repurpose the former IEEC’s operations buildings as well as many of the existing interconnections for water, sewer, and retail electricity service. The Project site proposed to include 47 parking spaces including 2 accessible spaces.
Conditional Use Permit No. PLN 22-0155 proposes to allow for the utility-scale battery energy storage system use.
Project Location
The Project site is located on a 44.22-acre site at 26226 Antelope Road in the City of Menifee, County of Riverside, State of California (APN 331-180-021 and -022). Under this Project, APN 331-180-021 is proposed to only be used as a staging area for construction. The site is located bounded by Antelope Road to the west, railroad tracks and Case Road to the northeast, a drainage canal, electrical transmission corridor and McLaughlin Road to the south, Matthews Road and vacant parcel to the east, and a concrete batch plant, Ethanac Road, and State Route 74 to the north.
Item Title: 12.1
Nova Power Bank Project Community Benefit Agreement
Item Page Number: 2
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City of Menifee Staff Report
Nova Power Bank Project – Community Benefit Agreement
May 3, 2023
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STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
Fiscal Impact Analysis for Nova Power Bank Project
A fiscal study was prepared to review the project’s fiscal impacts. The study analyzed the project’s fiscal impact and compared the proposed Battery Energy Storage System (BESS) facility to alternative uses on the site, including a general warehouse or a warehouse with fulfillment. The proposed BESS would result in a net positive fiscal impact compared to general warehouse use.
There are significant sales and property tax benefits associated with the BESS that exceed those of a general warehouse use. However, when compared to a warehouse with fulfillment, there is a large gap in potential annual revenue for the City. Staff have negotiated the Benefit Fee to be approximately 55% of the annual revenues of a fulfillment center. This equates to a one-time payment of $6,540,317. The initial offer from the developer was $2.2 million.
Road and Bridge Benefit District (RBBD)
In addition to standard conditions of approval for improvement with the proposed development (i.e., Antelope Road frontage with extension to McLaughlin Road and San Jacinto Road frontage with extension to McLaughlin Road), the Project will be required to participate in a future RBBD currently in the formation process. The RBBD is necessary to fund future infrastructure in the Item Title: 12.1
Nova Power Bank Project Community Benefit Agreement
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Nova Power Bank Project – Community Benefit Agreement
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vicinity of the project. It is anticipated the RBBD fee for this project would not exceed $1,000,000 and would be paid from the Community Benefit Fee.
ATTACHMENTS
1. Community Benefit Agreement
Item Title: 12.1
Nova Power Bank Project Community Benefit Agreement
Item Page Number: 4
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{00601997;1}2671/031858-0003
18965756.1 a04/27/23
CITY OF MENIFEE
COMMUNITY BENEFIT AGREEMENT
NOVA BATTERY ENERGY STORAGE SYSTEM PROJECT
This Community Benefit Agreement (“Agreement”) is entered into as of this __ day of ____, 2023 by and between the City of Menifee, a municipal corporation (“City”) and Nova Power, LLC, a Delaware limited liability company (“Developer”). City and Developer are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”
RECITALS
A.Whereas, Developer owns approximately 42 acres of real property located within the City of Menifee, California, which is specifically described in the legal description set forth in Attachment “A” and leases a parcel of approximately 2 acres and from time to time may lease certain other adjacent parcels (hereinafter referred to as the “Property”); and
B.Whereas, Developer has requested from the City certain entitlements and/or permits for the construction of improvements on the Property which are more particularly described as a battery energy storage system, which will use lithium- ion, flow battery, or other battery technology to store electrical energy from the grid to be discharged later when customer demand is high, and located to the east of Antelope Road, southwest of railroad tracks and Case Road, north of a drainage canal, electrical transmission corridor and McLaughlin Road, west of San Jacinto Road, and south of Ethanac Road and State Route 74 (APN: 331-180-022) (hereinafter referred to as the “Project”) and shown is Attachment “B”; and C.Whereas, Menifee Municipal Code section 9.300.070 provides that no conditional use permit for a battery storage facility, utility scale, shall be issued unless the City has entered into a legally binding and enforceable agreement that benefits the City; and
D.Whereas, the City and Developer now desire to enter into this Agreement for the following purpose: to clarify the means by which Developer will make payment(s) to the City to ensure the Project includes the aforesaid community benefits pursuant to Menifee Municipal Code section 9.300.070.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
Item Title: 12.1
Nova Power Bank Project Community Benefit Agreement
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1. Project. Developer proposes to construct and install or have constructed and installed at its own cost, expense, and liability the Project. Construction of the Project shall comply with all requirements set forth in Plot Plan No. PLN22-0154 and Conditional Use Permit No. PLN 22-0155, except as specifically modified herein (the “City Approvals”).
2. Construction Requirements. Construction of the Project shall be performed in accordance with the City Approvals and all applicable federal, state and local laws, ordinances, regulations, codes, and standards.
3. Community Benefit Fee. Developer shall make a one-time cash payment of $6,540,317.00 to the City prior to the City’s issuance of building permits. Developer is informed that the City has discretion to use Developer’s payment for future benefits to the City overall. City acknowledges that this Community Benefit Fee shall be the sole fee associated with the Project such that no other contributions or participation in subsequent community improvement programs will be required. The Parties further agree that the payments made under this Section 3 and in Section 4 below satisfy Developer’s payment obligations to the City in connection with the construction, development, and operation of the Project and that the City waives all rights to any other fees, licenses, assessments, or other payments attributable to the Project, including fees, licenses, and assessments that may be enacted in the future; notwithstanding the foregoing, Developer shall continue to be responsible for impact fees identified in the conditions of approval and standard applicant permit fees that are scheduled and published by the City for the construction, development and operation of the Project.
4. Developer acknowledges the Project will be conditioned to participate in a future Road and Bridge Benefit District (“RBBD”) for needed infrastructure adjacent to the Project. Such RBBD is yet to be established but associated impact fees will be required once the RBBD is established. The Project’s RBBD obligation will be paid from a portion of the Community Benefit Fee. It is anticipated this amount would not exceed one million dollars ($1,000,000) for the Project, however, the actual amount (once determined) of the RBBD obligation will not increase the Community Benefit Fee shown in Section 3 above.
5. Purchase of Equipment. Developer expects to obtain equipment and fixtures from construction contractors to complete the Project. Consistent with the requirements of applicable California law, the Developer agrees to cooperate with the City with respect to purchases of equipment and fixtures such that: (a) to the extent any such purchases of equipment and fixtures are from a construction contractor working for Developer at the Project site, Developer will, to the extent allowed by California law, require the construction contractor to secure the appropriate job- site sales tax permits such that such equipment and fixture purchases will be designated as having a point of sale within the City, such that the applicable sales tax will be collected and attributable to a purchase and sale within the City and (b) to the extent Developer is obligated to pay use tax on any such purchases of equipment and fixtures to be used at the Project site, Developer will, to the extent allowed by California law, secure the appropriate job-site use tax permits such that the applicable use tax will be collected and attributed to a Developer purchase within the City.
6. Permits. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Project. Developer shall conduct the work in Item Title: 12.1
Nova Power Bank Project Community Benefit Agreement
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full compliance with the City Approvals, regulations, rules, and other requirements contained in any permit or approval issued to Developer. City will not unreasonably refuse to issue permits and approvals required for the construction of the Project. Each Party agrees to work together collaboratively with the other Party and to take such further actions and execute such additional documents as may be reasonably necessary to carry out the provisions of this Agreement while preserving, to the maximum extent possible, all material consideration to both Parties.
7. Approval of Plans and Specifications. Developer shall not commence work on the Project until all required plans and specifications set forth in the City Approvals have been submitted to and approved by the City Engineer, or his or her designee. The City Engineer’s approval shall not unreasonably be withheld. City agrees to promptly review all subsequent Developer applications (e.g., for building and grading permit(s)) required for the completion of construction and commencement of operation of the Project. City and Developer agree to cooperate in applying for all necessary third-party approvals (e.g., from other agencies and utilities) required to complete the Project.
8. Default; Notice; Remedies. In the event of any default or breach of this Agreement by Developer, City shall provide notice to Developer of the default or breach. Developer shall have ten (10) days following receipt of the notice of default/breach to begin to diligently pursue remedying the default/breach. No action by City pursuant this Section of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
9. General Provisions.
A. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party as to all terms in the Agreement.
B. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
C. Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, contractors, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
Item Title: 12.1
Nova Power Bank Project Community Benefit Agreement
Item Page Number: 7
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D. Notices. Any written notice to Developer shall be sent to:
Nova Power, LLC
Attn: Francisco Escobedo
26226 Antelope Road
Menifee, CA 92585
and
Nova Power, LLC
Attn: Mitch Weinberg
3003 Oak Road, Suite 400
Walnut Creek, CA 94597
and
Nova Power, LLC
Attn: Jill Van Dalen
3003 Oak Road, Suite 400
Walnut Creek, CA 94597
and
Nova Power, LLC
Attn: Chief Legal Officer
717 Texas Avenue, Suite 1000
Houston, TX 77002
Any written notice to City shall be sent to:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Armando G. Villa, City Manager
E. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
F. Waiver. A Party’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein shall not relieve the other Party of any of its obligations under this Agreement.
G. Project Financing. “Project Financing” means any construction and/or long term financing, any other type of financing or tax equity financing, as may be necessary for the Project. The Parties acknowledge and understand that the development and construction of the Project may be financed by Project Financing. The Parties agree to consider and negotiate in good faith changes or additions to this Agreement that may be reasonably requested by the Project Financing lenders in order to support the Project Item Title: 12.1
Nova Power Bank Project Community Benefit Agreement
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Financing (including but not limited to provisions under which lenders shall be entitled to receive copies of any notices hereunder that the City provides to Developer and that lenders shall be given the right to consent to any proposed changes or modifications to this Agreement), subject at all times to the City’s right to withhold its consent to any amendments it deems unacceptable to the City.
H. Assignment or Transfer. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City except to an affiliate of Developer; provided, however, that Developer may make such assignments as the Developer deems necessary for collateral security purposes to aid in providing Project Financing for the Project without the consent of the City. Any other attempts to assign this Agreement or any interest herein without prior written consent of City shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. The City shall not withhold such approval if Developer’s successor entity provides reasonably satisfactory evidence to City that it possesses the financial resources equivalent or superior to those of Developer to meet the obligations in this Agreement. Upon an assignment as allowed by this Section 9.H., Developer shall be released from its obligations under this Agreement; provided that assignee shall commit in writing to assume Developer’s obligations under this Agreement.
I. Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns.
J. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
L. Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
M. Attorneys’ Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Project, the prevailing party, whether by final judgment or arbitration Item Title: 12.1
Nova Power Bank Project Community Benefit Agreement
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award, shall be entitled to and recover from the other party all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a party in good faith in the prosecution of an action or proceeding, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorneys’ fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition, and transcript costs and any other cost or expense, the award of which a court of competent jurisdiction may determine to be just and reasonable (“Litigation Expenses”). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Litigation Expenses.
N. Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, nor any other related entitlement, permit, or approval issued by City for the Project shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.
O. Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.
P. Effective Date. This Agreement is not a commitment by the City to approve the Project. This Agreement shall have no force or effect until or unless the Project is approved, following compliance with the California Environmental Quality Act. This Agreement will become effective after the conditional use permit is final and non- appealable and this Agreement has been formally approved by the City and executed by the appropriate authorities of City and Developer.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first written above.
CITY:
CITY OF MENIFEE, a California municipal
corporation
___________________________
Armando G. Villa, City Manager
ATTEST: _______________________
Stephanie Roseen, Acting City Clerk
APPROVED AS TO
FORM: RUTAN & TUCKER, LLP
____________________________
Jeffrey T. Melching, City Attorney
Item Title: 12.1
Nova Power Bank Project Community Benefit Agreement
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“Developer”
Nova Power, LLC, a Delaware Limited Liability
Company
By: ______________________
Its: ______________________
Item Title: 12.1
Nova Power Bank Project Community Benefit Agreement
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Exhibit A
Legal Description
A FEE ESTATE.
THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF MENIFEE IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
A PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN,
BEING IN THE UNINCORPORATED AREA OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
ALL THAT LAND SHOWN WITHIN CERTIFICATE OF PARCEL MERGER NO. 1622 FILED SEPTEMBER 13, 2005 IN 2005-0753554 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CA.
TOGETHER WITH ALL THAT LAND SHOWN WITHIN THAT CERTAIN CERTIFICATE OF PARCEL MERGER NO. 1624 FILED SEPTEMBER 13, 2005 IN 2005-0753556 OMCIAL
RECORDS OF RIVERSIDE, CA
TOGETHER WITH LOTS 746 AND 749 AS SHOWN WITHIN THAT CERTAIN MAP OF ROMOLA FARMS NO. 6A AS SHOWN WITHIN A MAP FILED JULY 9, 1926 IN MAP BOOK 14, AT PAGES 63, 64 AND 65, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
TOGETHER WITH THAT PORTION OF THE EAST HALF OF LOT HH (ANTELOPE ROAD) ADJOINING LOT 7 46 ON THE WEST.
TOGETHER WITH THAT PORTION OF THE WEST HALF OF LOT JJ (SAN JACINTO ROAD) ADJOINING LOT 749 ON THE EAST.
SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF PARCEL MERGER NO. 1623, RECORDED NOVEMBER 3, 2005 AS INSTRUMENT NO. 2005-0913379, OFFICIAL RECORDS.
Item Title: 12.1
Nova Power Bank Project Community Benefit Agreement
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Attachment B
Nova Power Bank Project - Site Plan
Item Title: 12.1
Nova Power Bank Project Community Benefit Agreement
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Item Title: 12.1
Nova Power Bank Project Community Benefit Agreement
Item Page Number: 14
Menifee Mayor and City Council
May 3, 2023
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CITY OF MENIFEE
SUBJECT: Abatement of Graffiti Ordinance Discussion
MEETING DATE: May 3, 2023
TO: Mayor and City Council
PREPARED BY: Terrence Wiggins, Code Enforcement Supervisor Dave Gutierrez, Captain
REVIEWED BY: Chris Karrer, Chief of Police
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1.Receive and file an update on the Ordinance related to the abatement of graffiti, Chapter 11.40 of Title 11 of the Menifee Municipal Code.
DISCUSSION
Background
On April 20, 2022, The City Council requested a future agenda item to review the City’s Graffiti Ordinance.
Currently, the City of Menifee has an Ordinance which addresses the removal of graffiti from private and public property, Chapter 11.40 of Title 11 of the Menifee Municipal Code. It addresses the removal of graffiti on or upon any public or private real or personal property within the city.
Per the Ordinance, the graffiti must be removed or repaired. The owner, occupant or person otherwise in control of real property (whether tenant, occupant or otherwise) or of personal property (whether public or private) on which graffiti has been placed or applied shall remove such graffiti (or repair and replace the property from which graffiti cannot be removed) at his/her own expense within 72 hours of the discovery of the application of such graffiti.
In the event the graffiti is not removed within 72-hours, the city may utilize the procedures set out in § 11.020.140, which allows the city to abate the graffiti. All associated abatement costs may be recovered through a lien or special assessment on or against the property.
Staff currently use Graffiti Tracker software to track graffiti. It’s a comprehensive, web-based system designed to help identify, track, prosecute, and seek restitution from graffiti vandals. This is used by personnel including Code Enforcement, POP Officers, SET Detectives, and Public Item Title: 12.2
Abatement of Graffiti Ordinance Discussion
Item Page Number: 1
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May 3, 2023
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Works in the field once graffiti has been reported or discovered by city personnel. Community Services staff will soon be using the program for graffiti that occurs in city parks.
Graffiti abatement is a joint effort. Public Works, POP Officers, Code Enforcement Officers, and SET Detectives collaborate to efficiently abate graffiti on private and public properties throughout the city.
The current penalty for a violation of Chapter 11.40 is covered within 11.40.050 (Enforcement).
A violation of the chapter may be enforced by any means legally available to the city, including but not limited to administrative citation.
There is currently no prohibition of possession of graffiti paraphernalia/implements. In staff’s research the following prohibition is presented to City Council for discussion to include within Chapter 11.40 of Title 11:
Possession of graffiti implements, paraphernalia or spray actuator A. It is unlawful for any person under the age of 18 years to possess any graffiti implement, paraphernalia or spray actuator with the intent of applying graffiti markings or engaging in related vandalism.
Exceptions:
1. Any minor enrolled in any education class which requires otherwise legal possession of any graffiti implement, paraphernalia or spray actuator provided the minor is carrying written verification of any such requirements including color(s), size(s), and quantity, and written consent from his or her parent or lawfully designated custodian - dated and signed.
2. Any minor whose employment requires possession of any graffiti implement, paraphernalia or spray actuator provided minor is carrying written verification of any such job requirements including color(s), size(s), quantity, job information and purpose, and written consent from the employer - dated and signed.
B. It is unlawful for any unauthorized person to possess any graffiti implement, paraphernalia or spray actuator while in, on, at or about any public property, including, but not limited to, public parks, playgrounds, swimming pools, recreation facilities, schools, school district facilities, libraries, court houses, utility stations, storm drains or any other publicly owned, operated and/or maintained facility.
Graffiti can be reported to Code Enforcement in a few ways. Residents can call our non- emergency number, 951-677-4964, they can contact Code Enforcement directly by calling 951- 246-6214 or emailing [email protected], or they can report the graffiti through the City of Menifee app. which can be download in the App Store for I-Phones or Google Play for Android Phones.
In an effort to assist residents who are victims of graffiti, and who may not be able to afford the necessary paint to abate the graffiti on their property, Code Enforcement established a contract with the local Sherman Williams paint store. Once a graffiti case is opened, a letter will be sent to the owner which allows them to receive a free gallon of paint for the abatement.
Item Title: 12.2
Abatement of Graffiti Ordinance Discussion
Item Page Number: 2
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May 3, 2023
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Upon researching our Records Management System, all graffiti on private property has been abated within 72 hours, or within the time frame of the notice that is sent by code enforcement.
The city has not needed to perform a summary abatement on private property thus far.
During the review of Chapter 11.40 of the Menifee Municipal Code, staff discovered an error.
Within §11.40.020(B) (GRAFFITI PROHIBITED; GRAFFITI AS PUBLIC NUISANCE) it currently reads, “When such graffiti is visible from a public right-of-way or from publicly owned property, such graffiti also is determined to be a public nuisance which requires immediate abatement to protect public health pursuant to § 11.20.040(C).” The referenced code should be, “§
11.20.140(A).”
To correct the error, staff will bring back a recommended modification to Chapter 11.20 of Title 11 along with any other City Council desired modifications related to graffiti abatement.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Section 11.20.140: Emergency Action to Abate an Imminent Hazard Item Title: 12.2
Abatement of Graffiti Ordinance Discussion
Item Page Number: 3
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§ 11.20.140 EMERGENCY ACTION TO ABATE AN IMMINENT HAZARD. (A) Notwithstanding any provision of the Menifee Municipal Code to the contrary, the Police Chief, the Fire Chief, health official, and/or the Building Official, or any of their designees, may cause a public nuisance to be summarily abated if it is determined that the nuisance creates an imminent hazard to a person or persons, or to other real or personal property. (B) Prior to abating a nuisance that creates an imminent hazard, the official designated in subsection (A) of this section shall attempt to notify a responsible person by telephone or in writing of the imminent hazard and request its abatement by said person; provided, however, that the city official may dispense with any attempt at prior notification of a responsible person if, in the sole discretion of the city official, the nature, or the severity of the hazard does not reasonably allow for such prior notification. If notice has been so given but, in the sole discretion of the city official, the responsible person fails to take immediate and meaningful steps to abate the imminent hazard, the city may cause the abatement of the nuisance without further notice, and charge the costs and fees thereof to the responsible person. (C) Within ten business days following the conclusion of emergency action by the city to abate an imminent hazard, the city shall serve any responsible person with a notice of emergency abatement by the same manner set forth in section
11.20.070.
(D) A notice of emergency abatement of an imminent hazard shall contain, to the extent available, the following provisions:
(1) The name of all known responsible persons who are being served with the notice of emergency abatement by the city of an imminent hazard and the location or the address of the real property on which the imminent hazard was present. (2) A brief description of the condition(s) and reasons why it constituted an imminent hazard. (3) A brief description of the law prohibiting or pertaining to the imminent hazard. (4) A brief description of the actions the city took to abate the imminent hazard. (E) The city shall be entitled to recover all of its fees and costs (incidental or otherwise) for the abatement of an imminent hazard. In such instances, the city shall follow the procedures set forth in this chapter. (Ord. 2018-254, passed 12-5-2018)
Item Title: 12.2
Abatement of Graffiti Ordinance Discussion
Item Page Number: 4
Menifee Mayor and City Council
May 3, 2023
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CITY OF MENIFEE
SUBJECT: City Fine Structure for Illegal Fireworks
MEETING DATE: May 3, 2023
TO: Mayor and City Council
PREPARED BY: Heriberto Gutierrez, Lieutenant
REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1.Staff is soliciting direction from the City Council regarding the illegal firework fine structure, based on discussion and current laws provided in the presentation.
DISCUSSION
Current laws in Menifee allow for the prohibition, enforcement actions, and penalties related to the use of any fireworks, dangerous fireworks, or safe and sane fireworks within City limits. Illegal fireworks include skyrockets, bottle rockets, roman candles, aerial shells, firecrackers and other types of fireworks that explode, go into the air, or move on the ground in an uncontrollable manner. Illegal fireworks do not carry the “Safe and Sane” seal of the California State Fire Marshal.
The fine structure for current enforceable fireworks laws varies slightly between Menifee Municipal Code, the County of Riverside Municipal Code, and the California Health & Safety Code. Fines and penalties can vary between infractions and misdemeanors, between a $500 fine to a $1,000 fine, and finally between County jail imprisonment terms of six months to one year.
Menifee Municipal Code 11.19.020, prohibiting the possession of fireworks, currently establishes that a violation of said section is a misdemeanor. The Municipal Code calls for a fine of not less than $500 nor more than $1,000, or by imprisonment in the County jail not exceeding one year, or by both such fine and imprisonment. Upon a second or subsequent conviction of the offense, the person shall be punished by a fine of $1,000 and by imprisonment in the County jail for one year. The fees and penalties outlined in our Municipal Code are reflective of state laws.
Item Title: 12.3
City Fine Structure for Illegal Fireworks
Item Page Number: 1
Menifee Mayor and City Council
May 3, 2023
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City of Menifee Staff Report
City Fine Structure for Illegal Fireworks
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Government code 36901 allows a city legislative body to impose fines, penalties, and forfeitures for violations of Municipal Code ordinances. The government code allows for penalties by fine or imprisonment, or both. It also specifies that a fine shall not exceed $1,000 and imprisonment shall not exceed six (6) months. The City of Menifee Municipal Code currently calls for County jail imprisonment not exceeding one-year, for a violation of the fireworks code.
The Riverside County Municipal Code 9.22.070, calls for a misdemeanor violation, and upon conviction a fine not exceeding $1,000.00, or by imprisonment in the County jail for not exceeding one year, or by both. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of $1,000.00 and by imprisonment in the County jail for one year.
The California Health & Safety code 12700, calls for a misdemeanor violation, and upon conviction, a fine of not less than five hundred dollars ($500) or no more than one thousand dollars ($1,000), or by imprisonment in the County jail not exceeding one year, or by both that fine and imprisonment.
The fines and penalties for the current fireworks laws that the city of Menifee has at its disposal are imposed by state law and reviewed by the Riverside County Superior Court.
The Menifee Municipal Code governing fireworks, found in Chapter 11.19 was codified through the adoption of Ordinance 2009-26 and adopted on March 17, 2009.
The administrative citation process for the City of Menifee is outlined in Chapter 1.03 of the Menifee Municipal Code. It was codified through the adoption of Ordinance 2008-17 and adopted on January 6, 2009. The fee schedule for administrative fines applicable to violations of the Menifee Municipal Code was adopted on July 7, 2009, and codified by Resolution 09-100. Administrative citations for violations of a Municipal Code which are deemed an infraction by local ordinance, are punishable per criminal penalties set forth in Government Code Section 36900(b). Because of this, violations for fireworks possession, which are deemed misdemeanors per our Municipal Code, may not be charged as administrative citations. The fine schedule for every administrative citation violation determined to be an infraction is punishable by the following:
(1) A fine not exceeding $100 for a first violation.
(2) A fine not exceeding $200 for a second violation of the same ordinance within one year.
(3) A fine not exceeding $500 for each additional violation of the same ordinance within one year.
Item Title: 12.3
City Fine Structure for Illegal Fireworks
Item Page Number: 2
Menifee Mayor and City Council
May 3, 2023
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605 of 609
City of Menifee Staff Report
City Fine Structure for Illegal Fireworks
May 3, 2023
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The following are current laws that the City of Menifee has at its disposal to impose fines related to illegal fireworks violations.
Menifee Municipal Code
1. 11.19.020-PROHIBITION
a. No person shall have in his or her possession, or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or transport any fireworks, dangerous fireworks, or safe and sane fireworks, except for use as agricultural and wildlife fireworks or for use in a public display of fireworks pursuant to a permit obtained under the provisions of the California Health and Safety Code §§ 12640 through 12654 and this chapter.
b. Manufacturing prohibited. The manufacturing of fireworks, dangerous fireworks, or safe and sane fireworks is prohibited except under special permits as required by local and state regulations by the Fire Chief and the Sheriff.
c. Pyrotechnic special effects material. A permit is required to manufacture, compound, store or use pyrotechnic special effects material. Permit application shall be made to the Fire Chief and the Sheriff. A permit shall be granted only to a State Fire Marshal licensed pyrotechnic operator.
2. 11.19.060-PENALTIES
a. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than $500 nor more than $1,000, or by imprisonment in the County jail for not exceeding one year, or by both such fine and imprisonment.
b. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of $1,000 and by imprisonment in the County jail for one year. c. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this chapter. d. Nothing in this chapter shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, and/or transportation of dangerous fireworks.
County of Riverside Municipal Code
1. 9.22.030-PROHIBITION
a. No person shall have in their possession or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give, or transport, any fireworks, dangerous fireworks or Safe and Sane fireworks.
2. 9.22.070-PENALTIES
a. Misdemeanor penalty. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $1,000.00, or by imprisonment in the County jail for not exceeding one year, or by both.
Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of $1,000.00 and by imprisonment in the County jail for one year.
Item Title: 12.3
City Fine Structure for Illegal Fireworks
Item Page Number: 3
Menifee Mayor and City Council
May 3, 2023
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606 of 609
City of Menifee Staff Report
City Fine Structure for Illegal Fireworks
May 3, 2023
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California Health & Safety Code
1. 12677-PROHIBITION
It is unlawful for any person to possess dangerous firework without holding a valid permit.
2. 12700-PENALTIES
a. A person who violates any provision of this part, or any regulations issued pursuant to this part, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $500 or more than $1,000, or by imprisonment in the County jail for not exceeding one year, or by both that fine and imprisonment.
Based on the information presented, staff is soliciting direction from the City Council regarding the illegal firework fine structure.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
None.
Item Title: 12.3
City Fine Structure for Illegal Fireworks
Item Page Number: 4
Menifee Mayor and City Council
May 3, 2023
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607 of 609
CITY OF MENIFEE
SUBJECT: Semiquincentennial Independence Celebration
MEETING DATE: May 3, 2023
TO: Mayor and City Council
PREPARED BY: Mariana Mitchell, Community Services Manager REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Discuss the celebration of the 250th Anniversary of the 1776 United States Declaration of Independence that will take place on July 4, 2026.
DISCUSSION
The United States Semiquincentennial, also called the Quarter Millennial, marks the 250th Anniversary of the 1776 United States Declaration of Independence and will take place on July 4, 2026.
The City of Menifee, in partnership with the Lake Menifee Women’s Club, host the annual Independence Celebration which is traditionally held the Saturday prior to Independence Day on July 4. In keeping with tradition, the event will likely be held on Saturday, June 27, 2026, and will include the following elements:
•Community Parade
•Food and Craft Vendors
•Live Entertainment
•Kids Fun Zone
•Fireworks Display
With approximately three years to plan for the 2026 Independence Celebration, City staff can incorporate the 250th Anniversary of the 1776 United States Declaration of Independence into the theme of the Park After Dark Summer Program series leading up to the Independence Celebration event. Potential activities and elements can include:
•Art & Essay Contest
•Photo Opportunities
•Collectible Giveaways
•Historical/Informational Displays
Item Title: 12.4
Semiquincentennial Independence Celebration
Item Page Number: 1
Menifee Mayor and City Council
May 3, 2023
Page
608 of 609
City of Menifee Staff Report
Semiquincentennial Independence Celebration
May 3, 2023
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These activities and elements can be added to enhance the existing event and highlight the national milestone celebrating 250 years of independence. City staff are open to additional suggestions for the 2026 Independence Celebration event.
STRATEGIC PLAN OBJECTIVE
Unique Identity
FISCAL IMPACT
Additional costs for event enhancements can potentially be offset by sponsorships and incorporated into the Community Services Department budget upon approval of the Fiscal Year 2025/2026 Budget depending upon City Council discussion.
ATTACHMENTS
None.
Item Title: 12.4
Semiquincentennial Independence Celebration
Item Page Number: 2
Menifee Mayor and City Council
May 3, 2023
Page
609 of 609