City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada,District 2
Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, August 2, 2023
4:30 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Sarah Manwaring, City Clerk
CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 City of Perris v. City of Menifee
Riverside County Superior Court Case No. CVRI230303456
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 City of Menifee v. City of Perris
Riverside County Superior Court Case No. CVRI220304
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
National Prescription Opiate Litigation, United States District Court Case No. 1:17CV 2804
4. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION:
Significant Exposure to Litigation (Gov. Code Section 54956.9(d)(2) or (3)):One Case
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Sara Clark – Menifee Church of Jesus Christ of LatterDay Saints
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Fire Department Quarterly Update
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 July 19, 2023 Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher Lists dated 06/30/2023, and 07/07/2023, the Payroll Register/Other EFTs dated 07/03/2023, 07/06/2023, 07/07/2023 and 07/11/2023 and the Void Check Listing PE 6/30/2023 which have a total budgetary impact of $7,603,762.99.
10.3 Fiscal Year 2022/2023 Developer Funded California Environmental Quality Act Consultant Update
RECOMMENDED ACTION
1. Receive and file the quarterly update on executed California Environmental Quality Act consultant contracts for Fiscal Year 2022/2023.
10.4 Second Reading and Ordinance Adoption Amending Municipal Code Title 2, Chapter
2.20, Section 2.20.150, Appeals Procedures and Section 2.20.160, City Council Referral back to the Planning Commission
RECOMMENDED ACTION
1. Adopt an Ordinance approving Code Amendment LR230097, amending Municipal Code Title 2, Chapter 2.20, Section 2.20.150, Appeal Procedures and Section 2.20.160, City Council Referral back to the Planning Commission.
10.5 Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 20171 (Maintenance Services)
RECOMMENDED ACTION
1. Accept the Petition of Pulte Home Company, LLC, Tract Nos. 366581 thru 366587 located to the southwest of McLaughlin Road and Byers Road into Community Facilities District (CFD) No. 20171 (Maintenance Services) as Annexation Area No. 22; and
2. Adopt a resolution of Intention to add Annexation Area No. 22 into CFD No. 20171, to authorize the levy of special tax therein to finance certain maintenance services, and to set a Public Hearing for September 6, 2023.
10.6 Agreements with Searle Creative Group, Tripepi Smith and Associates, and Mind and Mill for OnCall Graphic Design Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Professional Services Agreements with Searle Creative Group LLC, Tripepi Smith and Associates, Inc., and Mind and Mill LLC, in an aggregate amount nottoexceed $40,000 for Fiscal Year (FY) 2023/2024 and $40,000 for FY 2024/2025 for OnCall Graphic Design Services; and
2. Authorize the City Manager to approve three, oneyear extensions in an amount nottoexceed $40,000 annually.
10.7 Agreement with KimleyHorn and Associates, Inc. for the Garbani Road / I215 Interchange Project, Capital Improvement Program No. 2005 RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with KimleyHorn and Associates, Inc. in an amount nottoexceed $87,039.18 for the Garbani Road / I215 Interchange Project, Capital Improvement Program No. 2005.
10.8 Cooperative Purchase Contract with Graybar Electric Company, Inc. for Solar Streetlights for the Quail Valley Grid Area Streetlights Project, Capital Improvement Program No. 2308
RECOMMENDED ACTION
1. Authorize the City Manager to approve the purchase of Solar LED Streetlights through an OMNIA Partners Cooperative Purchase Contract with Graybar Electric Company, Inc. in an amount nottoexceed $104,419.59 for the Quail Valley Grid Area Streetlights Project, Capital Improvement Program No. 2308; and
2. Exempt the purchase from the competitive bidding process as the purchase would be made under OMNIA Partners Cooperative Purchase Contract No. EV 2370; and
3. Adopt a Budget Amendment Resolution appropriating $150,000 from CSA 86 Fund balance into the Project (Fund 460).
10.9 Quitclaim Deeds for Storm Drainage Easements for Heritage Lake Area No. 4 Tract 34406, Tract 344062, Tract 344063, Tract 344064, Tract 344065, and Tract 34406 6 RECOMMENDED ACTION
1. Accept the RightofWay and Flood Control Improvements for Heritage Lake Area No. 4 from Standard Pacific Homes, associated with the development of Tract Map 34406; and
2. Approve Quitclaim Deeds for the transfer of maintenance easements to Riverside County Flood Control and Water Conservation District as follows:
Heritage Lake Area No.4 Line A for a portion of Lot 3 of Tract 307051, portion of Parcel 333180021, Tract 34406; and
Heritage Lake Area No.4 Line A for a portion of Parcel 333710085, portion of Aqua Drive and Sunrise Drive, Tract 344064; and
Heritage Lake Area No.4 Line A for a portion of Parcel 333761023, Aqua Drive, Tract 344062; and
Heritage Lake Area No.4 Line B for a portion of Parcel 333761022, Parcel 333 751029, 333750030, Collier Drive, Tract 344062; and Heritage Lake Area No.4 Line B for a portion of Glacier Bay Drive, Tract 34406 6; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333180021, Tract 34406; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333700084, Tract 344064; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333700050, Tract 344065; and
Heritage Lake Area No.4 Line D for a portion of Parcel 333700083, Tract 344064; and
Heritage Lake Area No.4 Line Y for a portion of Parcel 333800038, Tract 344063.
10.10 Notice of Completion and Acceptance for the Fire Station No. 68 Interior Improvements Project, Capital Improvement Program No. 2103 RECOMMENDED ACTION
1. Accept the improvements for the Fire Station No. 68 Interior Improvements Project, Capital Improvement Program No. 2103; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
10.11 Acceptance of Public Improvements and 90% Release of Security for Tract Map 364855, Audie Murphy Ranch, by Sutter Mitland 01, LLC
RECOMMENDED ACTION
1. Accept the public improvements for streets, drainage, water, sewer and survey monuments for Tract Map 364855, Audie Murphy Ranch, located to the east of Goetz Road and south of Audie Murphy Road North; and
2. Authorize the City Engineer to release posted securities per the City’s Standard Policies.
10.12 Acceptance of Public Improvements and 90% Release of Security for Tract Map 3648510, Audie Murphy Ranch, by Sutter Mitland 01, LLC RECOMMENDED ACTION
1. Accept the public improvements for streets, drainage, water, recycled water, sewer and survey monuments for Tract Map 3648510, Audie Murphy Ranch, located north of Normandy Road and west of Audie Murphy Road North; and
2. Authorize the City Engineer to release posted securities per the City’s Standard Policies.
11. PUBLIC HEARING ITEMS
11.1 Ordinance Introduction Amending Municipal Code, Title 8, Buildings and Construction Code
RECOMMENDED ACTION
1. Introduce an Ordinance amending Title 8 of the Menifee Municipal Code to modify appendices included in Sections 8.04.010, 8.05.010, 8.12.010, and
8.16.010 of the 2022 California Building Standards Code.
11.2 Conduct Public Hearing and Adopt a Resolution Confirming Special Assessments for Delinquent Weed Abatement Accounts
RECOMMENDED ACTION
1. Conduct the Public Hearing to accept public testimony regarding Delinquent Collection Accounts for Weed Abatement to be applied to the Fiscal Year 2023/24 County of Riverside property Tax Roll for collection; and
2. Adopt a Resolution confirming special assessments and authorizing collection of delinquent weed abatement accounts on the annual property tax roll.
12. DISCUSSION ITEMS
12.1 Comprehensive Citywide Signage and Wayfinding Program Package RECOMMENDED ACTION
1. Provide direction on color selection for Citywide street sign color options; and
2. Approve completed Comprehensive Citywide Signage and Wayfinding Schematic Design Package from RSM Design; and
3. Direct staff to collaborate on a phased implementation plan for the Citywide Signage Program.
12.2 Community Facilities District 20211 (Banner Park), Issuance of Special Tax Bonds, Series 2023A
RECOMMENDED ACTION
1. Adopt a resolution authorizing the issuance of special tax bonds and the execution and delivery of documents in connection with Community Facilities District 20211 (Banner Park), located northwest of Domenigoni Parkway and Lindenberger Road.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Menifee Police Youth Driving Program (Liesemeyer, Oct. 19, 2022) Target Date: August 16, 2023
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> Update on Water by Darcy Burke, WaterMark Associates, and Eastern Municipal Water District (Sobek, March 1, 2023)
Target Date: August 16, 2023
> Existing Staff Member to serve as a Resident Benefits Liaison (Karwin, March 1, 2023) Target Date: August 16, 2023
> Key to the City Discussion (Sobek, July 19, 2023)
Target Date: TBD
> Property Tax Benefits for Disabled Veterans (Estrada, July 19, 2023) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
August 2, 2023
Page
1 of 729
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada,District 2
Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, August 2, 2023
4:30 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Sarah Manwaring, City Clerk
CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 City of Perris v. City of Menifee
Riverside County Superior Court Case No. CVRI230303456
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 City of Menifee v. City of Perris
Riverside County Superior Court Case No. CVRI220304
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
National Prescription Opiate Litigation, United States District Court Case No. 1:17CV 2804
4. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION:
Significant Exposure to Litigation (Gov. Code Section 54956.9(d)(2) or (3)):One Case
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Sara Clark – Menifee Church of Jesus Christ of LatterDay Saints
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Fire Department Quarterly Update
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 July 19, 2023 Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher Lists dated 06/30/2023, and 07/07/2023, the Payroll Register/Other EFTs dated 07/03/2023, 07/06/2023, 07/07/2023 and 07/11/2023 and the Void Check Listing PE 6/30/2023 which have a total budgetary impact of $7,603,762.99.
10.3 Fiscal Year 2022/2023 Developer Funded California Environmental Quality Act Consultant Update
RECOMMENDED ACTION
1. Receive and file the quarterly update on executed California Environmental Quality Act consultant contracts for Fiscal Year 2022/2023.
10.4 Second Reading and Ordinance Adoption Amending Municipal Code Title 2, Chapter
2.20, Section 2.20.150, Appeals Procedures and Section 2.20.160, City Council Referral back to the Planning Commission
RECOMMENDED ACTION
1. Adopt an Ordinance approving Code Amendment LR230097, amending Municipal Code Title 2, Chapter 2.20, Section 2.20.150, Appeal Procedures and Section 2.20.160, City Council Referral back to the Planning Commission.
10.5 Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 20171 (Maintenance Services)
RECOMMENDED ACTION
1. Accept the Petition of Pulte Home Company, LLC, Tract Nos. 366581 thru 366587 located to the southwest of McLaughlin Road and Byers Road into Community Facilities District (CFD) No. 20171 (Maintenance Services) as Annexation Area No. 22; and
2. Adopt a resolution of Intention to add Annexation Area No. 22 into CFD No. 20171, to authorize the levy of special tax therein to finance certain maintenance services, and to set a Public Hearing for September 6, 2023.
10.6 Agreements with Searle Creative Group, Tripepi Smith and Associates, and Mind and Mill for OnCall Graphic Design Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Professional Services Agreements with Searle Creative Group LLC, Tripepi Smith and Associates, Inc., and Mind and Mill LLC, in an aggregate amount nottoexceed $40,000 for Fiscal Year (FY) 2023/2024 and $40,000 for FY 2024/2025 for OnCall Graphic Design Services; and
2. Authorize the City Manager to approve three, oneyear extensions in an amount nottoexceed $40,000 annually.
10.7 Agreement with KimleyHorn and Associates, Inc. for the Garbani Road / I215 Interchange Project, Capital Improvement Program No. 2005 RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with KimleyHorn and Associates, Inc. in an amount nottoexceed $87,039.18 for the Garbani Road / I215 Interchange Project, Capital Improvement Program No. 2005.
10.8 Cooperative Purchase Contract with Graybar Electric Company, Inc. for Solar Streetlights for the Quail Valley Grid Area Streetlights Project, Capital Improvement Program No. 2308
RECOMMENDED ACTION
1. Authorize the City Manager to approve the purchase of Solar LED Streetlights through an OMNIA Partners Cooperative Purchase Contract with Graybar Electric Company, Inc. in an amount nottoexceed $104,419.59 for the Quail Valley Grid Area Streetlights Project, Capital Improvement Program No. 2308; and
2. Exempt the purchase from the competitive bidding process as the purchase would be made under OMNIA Partners Cooperative Purchase Contract No. EV 2370; and
3. Adopt a Budget Amendment Resolution appropriating $150,000 from CSA 86 Fund balance into the Project (Fund 460).
10.9 Quitclaim Deeds for Storm Drainage Easements for Heritage Lake Area No. 4 Tract 34406, Tract 344062, Tract 344063, Tract 344064, Tract 344065, and Tract 34406 6 RECOMMENDED ACTION
1. Accept the RightofWay and Flood Control Improvements for Heritage Lake Area No. 4 from Standard Pacific Homes, associated with the development of Tract Map 34406; and
2. Approve Quitclaim Deeds for the transfer of maintenance easements to Riverside County Flood Control and Water Conservation District as follows:
Heritage Lake Area No.4 Line A for a portion of Lot 3 of Tract 307051, portion of Parcel 333180021, Tract 34406; and
Heritage Lake Area No.4 Line A for a portion of Parcel 333710085, portion of Aqua Drive and Sunrise Drive, Tract 344064; and
Heritage Lake Area No.4 Line A for a portion of Parcel 333761023, Aqua Drive, Tract 344062; and
Heritage Lake Area No.4 Line B for a portion of Parcel 333761022, Parcel 333 751029, 333750030, Collier Drive, Tract 344062; and Heritage Lake Area No.4 Line B for a portion of Glacier Bay Drive, Tract 34406 6; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333180021, Tract 34406; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333700084, Tract 344064; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333700050, Tract 344065; and
Heritage Lake Area No.4 Line D for a portion of Parcel 333700083, Tract 344064; and
Heritage Lake Area No.4 Line Y for a portion of Parcel 333800038, Tract 344063.
10.10 Notice of Completion and Acceptance for the Fire Station No. 68 Interior Improvements Project, Capital Improvement Program No. 2103 RECOMMENDED ACTION
1. Accept the improvements for the Fire Station No. 68 Interior Improvements Project, Capital Improvement Program No. 2103; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
10.11 Acceptance of Public Improvements and 90% Release of Security for Tract Map 364855, Audie Murphy Ranch, by Sutter Mitland 01, LLC
RECOMMENDED ACTION
1. Accept the public improvements for streets, drainage, water, sewer and survey monuments for Tract Map 364855, Audie Murphy Ranch, located to the east of Goetz Road and south of Audie Murphy Road North; and
2. Authorize the City Engineer to release posted securities per the City’s Standard Policies.
10.12 Acceptance of Public Improvements and 90% Release of Security for Tract Map 3648510, Audie Murphy Ranch, by Sutter Mitland 01, LLC RECOMMENDED ACTION
1. Accept the public improvements for streets, drainage, water, recycled water, sewer and survey monuments for Tract Map 3648510, Audie Murphy Ranch, located north of Normandy Road and west of Audie Murphy Road North; and
2. Authorize the City Engineer to release posted securities per the City’s Standard Policies.
11. PUBLIC HEARING ITEMS
11.1 Ordinance Introduction Amending Municipal Code, Title 8, Buildings and Construction Code
RECOMMENDED ACTION
1. Introduce an Ordinance amending Title 8 of the Menifee Municipal Code to modify appendices included in Sections 8.04.010, 8.05.010, 8.12.010, and
8.16.010 of the 2022 California Building Standards Code.
11.2 Conduct Public Hearing and Adopt a Resolution Confirming Special Assessments for Delinquent Weed Abatement Accounts
RECOMMENDED ACTION
1. Conduct the Public Hearing to accept public testimony regarding Delinquent Collection Accounts for Weed Abatement to be applied to the Fiscal Year 2023/24 County of Riverside property Tax Roll for collection; and
2. Adopt a Resolution confirming special assessments and authorizing collection of delinquent weed abatement accounts on the annual property tax roll.
12. DISCUSSION ITEMS
12.1 Comprehensive Citywide Signage and Wayfinding Program Package RECOMMENDED ACTION
1. Provide direction on color selection for Citywide street sign color options; and
2. Approve completed Comprehensive Citywide Signage and Wayfinding Schematic Design Package from RSM Design; and
3. Direct staff to collaborate on a phased implementation plan for the Citywide Signage Program.
12.2 Community Facilities District 20211 (Banner Park), Issuance of Special Tax Bonds, Series 2023A
RECOMMENDED ACTION
1. Adopt a resolution authorizing the issuance of special tax bonds and the execution and delivery of documents in connection with Community Facilities District 20211 (Banner Park), located northwest of Domenigoni Parkway and Lindenberger Road.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Menifee Police Youth Driving Program (Liesemeyer, Oct. 19, 2022) Target Date: August 16, 2023
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> Update on Water by Darcy Burke, WaterMark Associates, and Eastern Municipal Water District (Sobek, March 1, 2023)
Target Date: August 16, 2023
> Existing Staff Member to serve as a Resident Benefits Liaison (Karwin, March 1, 2023) Target Date: August 16, 2023
> Key to the City Discussion (Sobek, July 19, 2023)
Target Date: TBD
> Property Tax Benefits for Disabled Veterans (Estrada, July 19, 2023) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
August 2, 2023
Page
2 of 729
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada,District 2
Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, August 2, 2023
4:30 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Sarah Manwaring, City Clerk
CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 City of Perris v. City of Menifee
Riverside County Superior Court Case No. CVRI230303456
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 City of Menifee v. City of Perris
Riverside County Superior Court Case No. CVRI220304
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
National Prescription Opiate Litigation, United States District Court Case No. 1:17CV 2804
4. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION:
Significant Exposure to Litigation (Gov. Code Section 54956.9(d)(2) or (3)):One Case
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Sara Clark – Menifee Church of Jesus Christ of LatterDay Saints
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Fire Department Quarterly Update
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 July 19, 2023 Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher Lists dated 06/30/2023, and 07/07/2023, the Payroll Register/Other EFTs dated 07/03/2023, 07/06/2023, 07/07/2023 and 07/11/2023 and the Void Check Listing PE 6/30/2023 which have a total budgetary impact of $7,603,762.99.
10.3 Fiscal Year 2022/2023 Developer Funded California Environmental Quality Act Consultant Update
RECOMMENDED ACTION
1. Receive and file the quarterly update on executed California Environmental Quality Act consultant contracts for Fiscal Year 2022/2023.
10.4 Second Reading and Ordinance Adoption Amending Municipal Code Title 2, Chapter
2.20, Section 2.20.150, Appeals Procedures and Section 2.20.160, City Council Referral back to the Planning Commission
RECOMMENDED ACTION
1. Adopt an Ordinance approving Code Amendment LR230097, amending Municipal Code Title 2, Chapter 2.20, Section 2.20.150, Appeal Procedures and Section 2.20.160, City Council Referral back to the Planning Commission.
10.5 Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 20171 (Maintenance Services)
RECOMMENDED ACTION
1. Accept the Petition of Pulte Home Company, LLC, Tract Nos. 366581 thru 366587 located to the southwest of McLaughlin Road and Byers Road into Community Facilities District (CFD) No. 20171 (Maintenance Services) as Annexation Area No. 22; and
2. Adopt a resolution of Intention to add Annexation Area No. 22 into CFD No. 20171, to authorize the levy of special tax therein to finance certain maintenance services, and to set a Public Hearing for September 6, 2023.
10.6 Agreements with Searle Creative Group, Tripepi Smith and Associates, and Mind and Mill for OnCall Graphic Design Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Professional Services Agreements with Searle Creative Group LLC, Tripepi Smith and Associates, Inc., and Mind and Mill LLC, in an aggregate amount nottoexceed $40,000 for Fiscal Year (FY) 2023/2024 and $40,000 for FY 2024/2025 for OnCall Graphic Design Services; and
2. Authorize the City Manager to approve three, oneyear extensions in an amount nottoexceed $40,000 annually.
10.7 Agreement with KimleyHorn and Associates, Inc. for the Garbani Road / I215 Interchange Project, Capital Improvement Program No. 2005 RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with KimleyHorn and Associates, Inc. in an amount nottoexceed $87,039.18 for the Garbani Road / I215 Interchange Project, Capital Improvement Program No. 2005.
10.8 Cooperative Purchase Contract with Graybar Electric Company, Inc. for Solar Streetlights for the Quail Valley Grid Area Streetlights Project, Capital Improvement Program No. 2308
RECOMMENDED ACTION
1. Authorize the City Manager to approve the purchase of Solar LED Streetlights through an OMNIA Partners Cooperative Purchase Contract with Graybar Electric Company, Inc. in an amount nottoexceed $104,419.59 for the Quail Valley Grid Area Streetlights Project, Capital Improvement Program No. 2308; and
2. Exempt the purchase from the competitive bidding process as the purchase would be made under OMNIA Partners Cooperative Purchase Contract No. EV 2370; and
3. Adopt a Budget Amendment Resolution appropriating $150,000 from CSA 86 Fund balance into the Project (Fund 460).
10.9 Quitclaim Deeds for Storm Drainage Easements for Heritage Lake Area No. 4 Tract 34406, Tract 344062, Tract 344063, Tract 344064, Tract 344065, and Tract 34406 6 RECOMMENDED ACTION
1. Accept the RightofWay and Flood Control Improvements for Heritage Lake Area No. 4 from Standard Pacific Homes, associated with the development of Tract Map 34406; and
2. Approve Quitclaim Deeds for the transfer of maintenance easements to Riverside County Flood Control and Water Conservation District as follows:
Heritage Lake Area No.4 Line A for a portion of Lot 3 of Tract 307051, portion of Parcel 333180021, Tract 34406; and
Heritage Lake Area No.4 Line A for a portion of Parcel 333710085, portion of Aqua Drive and Sunrise Drive, Tract 344064; and
Heritage Lake Area No.4 Line A for a portion of Parcel 333761023, Aqua Drive, Tract 344062; and
Heritage Lake Area No.4 Line B for a portion of Parcel 333761022, Parcel 333 751029, 333750030, Collier Drive, Tract 344062; and Heritage Lake Area No.4 Line B for a portion of Glacier Bay Drive, Tract 34406 6; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333180021, Tract 34406; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333700084, Tract 344064; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333700050, Tract 344065; and
Heritage Lake Area No.4 Line D for a portion of Parcel 333700083, Tract 344064; and
Heritage Lake Area No.4 Line Y for a portion of Parcel 333800038, Tract 344063.
10.10 Notice of Completion and Acceptance for the Fire Station No. 68 Interior Improvements Project, Capital Improvement Program No. 2103 RECOMMENDED ACTION
1. Accept the improvements for the Fire Station No. 68 Interior Improvements Project, Capital Improvement Program No. 2103; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
10.11 Acceptance of Public Improvements and 90% Release of Security for Tract Map 364855, Audie Murphy Ranch, by Sutter Mitland 01, LLC
RECOMMENDED ACTION
1. Accept the public improvements for streets, drainage, water, sewer and survey monuments for Tract Map 364855, Audie Murphy Ranch, located to the east of Goetz Road and south of Audie Murphy Road North; and
2. Authorize the City Engineer to release posted securities per the City’s Standard Policies.
10.12 Acceptance of Public Improvements and 90% Release of Security for Tract Map 3648510, Audie Murphy Ranch, by Sutter Mitland 01, LLC RECOMMENDED ACTION
1. Accept the public improvements for streets, drainage, water, recycled water, sewer and survey monuments for Tract Map 3648510, Audie Murphy Ranch, located north of Normandy Road and west of Audie Murphy Road North; and
2. Authorize the City Engineer to release posted securities per the City’s Standard Policies.
11. PUBLIC HEARING ITEMS
11.1 Ordinance Introduction Amending Municipal Code, Title 8, Buildings and Construction Code
RECOMMENDED ACTION
1. Introduce an Ordinance amending Title 8 of the Menifee Municipal Code to modify appendices included in Sections 8.04.010, 8.05.010, 8.12.010, and
8.16.010 of the 2022 California Building Standards Code.
11.2 Conduct Public Hearing and Adopt a Resolution Confirming Special Assessments for Delinquent Weed Abatement Accounts
RECOMMENDED ACTION
1. Conduct the Public Hearing to accept public testimony regarding Delinquent Collection Accounts for Weed Abatement to be applied to the Fiscal Year 2023/24 County of Riverside property Tax Roll for collection; and
2. Adopt a Resolution confirming special assessments and authorizing collection of delinquent weed abatement accounts on the annual property tax roll.
12. DISCUSSION ITEMS
12.1 Comprehensive Citywide Signage and Wayfinding Program Package RECOMMENDED ACTION
1. Provide direction on color selection for Citywide street sign color options; and
2. Approve completed Comprehensive Citywide Signage and Wayfinding Schematic Design Package from RSM Design; and
3. Direct staff to collaborate on a phased implementation plan for the Citywide Signage Program.
12.2 Community Facilities District 20211 (Banner Park), Issuance of Special Tax Bonds, Series 2023A
RECOMMENDED ACTION
1. Adopt a resolution authorizing the issuance of special tax bonds and the execution and delivery of documents in connection with Community Facilities District 20211 (Banner Park), located northwest of Domenigoni Parkway and Lindenberger Road.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Menifee Police Youth Driving Program (Liesemeyer, Oct. 19, 2022) Target Date: August 16, 2023
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> Update on Water by Darcy Burke, WaterMark Associates, and Eastern Municipal Water District (Sobek, March 1, 2023)
Target Date: August 16, 2023
> Existing Staff Member to serve as a Resident Benefits Liaison (Karwin, March 1, 2023) Target Date: August 16, 2023
> Key to the City Discussion (Sobek, July 19, 2023)
Target Date: TBD
> Property Tax Benefits for Disabled Veterans (Estrada, July 19, 2023) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
August 2, 2023
Page
3 of 729
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada,District 2
Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, August 2, 2023
4:30 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Sarah Manwaring, City Clerk
CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 City of Perris v. City of Menifee
Riverside County Superior Court Case No. CVRI230303456
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 City of Menifee v. City of Perris
Riverside County Superior Court Case No. CVRI220304
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
National Prescription Opiate Litigation, United States District Court Case No. 1:17CV 2804
4. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION:
Significant Exposure to Litigation (Gov. Code Section 54956.9(d)(2) or (3)):One Case
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Sara Clark – Menifee Church of Jesus Christ of LatterDay Saints
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Fire Department Quarterly Update
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 July 19, 2023 Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher Lists dated 06/30/2023, and 07/07/2023, the Payroll Register/Other EFTs dated 07/03/2023, 07/06/2023, 07/07/2023 and 07/11/2023 and the Void Check Listing PE 6/30/2023 which have a total budgetary impact of $7,603,762.99.
10.3 Fiscal Year 2022/2023 Developer Funded California Environmental Quality Act Consultant Update
RECOMMENDED ACTION
1. Receive and file the quarterly update on executed California Environmental Quality Act consultant contracts for Fiscal Year 2022/2023.
10.4 Second Reading and Ordinance Adoption Amending Municipal Code Title 2, Chapter
2.20, Section 2.20.150, Appeals Procedures and Section 2.20.160, City Council Referral back to the Planning Commission
RECOMMENDED ACTION
1. Adopt an Ordinance approving Code Amendment LR230097, amending Municipal Code Title 2, Chapter 2.20, Section 2.20.150, Appeal Procedures and Section 2.20.160, City Council Referral back to the Planning Commission.
10.5 Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 20171 (Maintenance Services)
RECOMMENDED ACTION
1. Accept the Petition of Pulte Home Company, LLC, Tract Nos. 366581 thru 366587 located to the southwest of McLaughlin Road and Byers Road into Community Facilities District (CFD) No. 20171 (Maintenance Services) as Annexation Area No. 22; and
2. Adopt a resolution of Intention to add Annexation Area No. 22 into CFD No. 20171, to authorize the levy of special tax therein to finance certain maintenance services, and to set a Public Hearing for September 6, 2023.
10.6 Agreements with Searle Creative Group, Tripepi Smith and Associates, and Mind and Mill for OnCall Graphic Design Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Professional Services Agreements with Searle Creative Group LLC, Tripepi Smith and Associates, Inc., and Mind and Mill LLC, in an aggregate amount nottoexceed $40,000 for Fiscal Year (FY) 2023/2024 and $40,000 for FY 2024/2025 for OnCall Graphic Design Services; and
2. Authorize the City Manager to approve three, oneyear extensions in an amount nottoexceed $40,000 annually.
10.7 Agreement with KimleyHorn and Associates, Inc. for the Garbani Road / I215 Interchange Project, Capital Improvement Program No. 2005 RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with KimleyHorn and Associates, Inc. in an amount nottoexceed $87,039.18 for the Garbani Road / I215 Interchange Project, Capital Improvement Program No. 2005.
10.8 Cooperative Purchase Contract with Graybar Electric Company, Inc. for Solar Streetlights for the Quail Valley Grid Area Streetlights Project, Capital Improvement Program No. 2308
RECOMMENDED ACTION
1. Authorize the City Manager to approve the purchase of Solar LED Streetlights through an OMNIA Partners Cooperative Purchase Contract with Graybar Electric Company, Inc. in an amount nottoexceed $104,419.59 for the Quail Valley Grid Area Streetlights Project, Capital Improvement Program No. 2308; and
2. Exempt the purchase from the competitive bidding process as the purchase would be made under OMNIA Partners Cooperative Purchase Contract No. EV 2370; and
3. Adopt a Budget Amendment Resolution appropriating $150,000 from CSA 86 Fund balance into the Project (Fund 460).
10.9 Quitclaim Deeds for Storm Drainage Easements for Heritage Lake Area No. 4 Tract 34406, Tract 344062, Tract 344063, Tract 344064, Tract 344065, and Tract 34406 6 RECOMMENDED ACTION
1. Accept the RightofWay and Flood Control Improvements for Heritage Lake Area No. 4 from Standard Pacific Homes, associated with the development of Tract Map 34406; and
2. Approve Quitclaim Deeds for the transfer of maintenance easements to Riverside County Flood Control and Water Conservation District as follows:
Heritage Lake Area No.4 Line A for a portion of Lot 3 of Tract 307051, portion of Parcel 333180021, Tract 34406; and
Heritage Lake Area No.4 Line A for a portion of Parcel 333710085, portion of Aqua Drive and Sunrise Drive, Tract 344064; and
Heritage Lake Area No.4 Line A for a portion of Parcel 333761023, Aqua Drive, Tract 344062; and
Heritage Lake Area No.4 Line B for a portion of Parcel 333761022, Parcel 333 751029, 333750030, Collier Drive, Tract 344062; and Heritage Lake Area No.4 Line B for a portion of Glacier Bay Drive, Tract 34406 6; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333180021, Tract 34406; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333700084, Tract 344064; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333700050, Tract 344065; and
Heritage Lake Area No.4 Line D for a portion of Parcel 333700083, Tract 344064; and
Heritage Lake Area No.4 Line Y for a portion of Parcel 333800038, Tract 344063.
10.10 Notice of Completion and Acceptance for the Fire Station No. 68 Interior Improvements Project, Capital Improvement Program No. 2103 RECOMMENDED ACTION
1. Accept the improvements for the Fire Station No. 68 Interior Improvements Project, Capital Improvement Program No. 2103; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
10.11 Acceptance of Public Improvements and 90% Release of Security for Tract Map 364855, Audie Murphy Ranch, by Sutter Mitland 01, LLC
RECOMMENDED ACTION
1. Accept the public improvements for streets, drainage, water, sewer and survey monuments for Tract Map 364855, Audie Murphy Ranch, located to the east of Goetz Road and south of Audie Murphy Road North; and
2. Authorize the City Engineer to release posted securities per the City’s Standard Policies.
10.12 Acceptance of Public Improvements and 90% Release of Security for Tract Map 3648510, Audie Murphy Ranch, by Sutter Mitland 01, LLC RECOMMENDED ACTION
1. Accept the public improvements for streets, drainage, water, recycled water, sewer and survey monuments for Tract Map 3648510, Audie Murphy Ranch, located north of Normandy Road and west of Audie Murphy Road North; and
2. Authorize the City Engineer to release posted securities per the City’s Standard Policies.
11. PUBLIC HEARING ITEMS
11.1 Ordinance Introduction Amending Municipal Code, Title 8, Buildings and Construction Code
RECOMMENDED ACTION
1. Introduce an Ordinance amending Title 8 of the Menifee Municipal Code to modify appendices included in Sections 8.04.010, 8.05.010, 8.12.010, and
8.16.010 of the 2022 California Building Standards Code.
11.2 Conduct Public Hearing and Adopt a Resolution Confirming Special Assessments for Delinquent Weed Abatement Accounts
RECOMMENDED ACTION
1. Conduct the Public Hearing to accept public testimony regarding Delinquent Collection Accounts for Weed Abatement to be applied to the Fiscal Year 2023/24 County of Riverside property Tax Roll for collection; and
2. Adopt a Resolution confirming special assessments and authorizing collection of delinquent weed abatement accounts on the annual property tax roll.
12. DISCUSSION ITEMS
12.1 Comprehensive Citywide Signage and Wayfinding Program Package RECOMMENDED ACTION
1. Provide direction on color selection for Citywide street sign color options; and
2. Approve completed Comprehensive Citywide Signage and Wayfinding Schematic Design Package from RSM Design; and
3. Direct staff to collaborate on a phased implementation plan for the Citywide Signage Program.
12.2 Community Facilities District 20211 (Banner Park), Issuance of Special Tax Bonds, Series 2023A
RECOMMENDED ACTION
1. Adopt a resolution authorizing the issuance of special tax bonds and the execution and delivery of documents in connection with Community Facilities District 20211 (Banner Park), located northwest of Domenigoni Parkway and Lindenberger Road.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Menifee Police Youth Driving Program (Liesemeyer, Oct. 19, 2022) Target Date: August 16, 2023
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> Update on Water by Darcy Burke, WaterMark Associates, and Eastern Municipal Water District (Sobek, March 1, 2023)
Target Date: August 16, 2023
> Existing Staff Member to serve as a Resident Benefits Liaison (Karwin, March 1, 2023) Target Date: August 16, 2023
> Key to the City Discussion (Sobek, July 19, 2023)
Target Date: TBD
> Property Tax Benefits for Disabled Veterans (Estrada, July 19, 2023) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
August 2, 2023
Page
4 of 729
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada,District 2
Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, August 2, 2023
4:30 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Sarah Manwaring, City Clerk
CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 City of Perris v. City of Menifee
Riverside County Superior Court Case No. CVRI230303456
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 City of Menifee v. City of Perris
Riverside County Superior Court Case No. CVRI220304
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
National Prescription Opiate Litigation, United States District Court Case No. 1:17CV 2804
4. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION:
Significant Exposure to Litigation (Gov. Code Section 54956.9(d)(2) or (3)):One Case
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Sara Clark – Menifee Church of Jesus Christ of LatterDay Saints
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Fire Department Quarterly Update
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 July 19, 2023 Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher Lists dated 06/30/2023, and 07/07/2023, the Payroll Register/Other EFTs dated 07/03/2023, 07/06/2023, 07/07/2023 and 07/11/2023 and the Void Check Listing PE 6/30/2023 which have a total budgetary impact of $7,603,762.99.
10.3 Fiscal Year 2022/2023 Developer Funded California Environmental Quality Act Consultant Update
RECOMMENDED ACTION
1. Receive and file the quarterly update on executed California Environmental Quality Act consultant contracts for Fiscal Year 2022/2023.
10.4 Second Reading and Ordinance Adoption Amending Municipal Code Title 2, Chapter
2.20, Section 2.20.150, Appeals Procedures and Section 2.20.160, City Council Referral back to the Planning Commission
RECOMMENDED ACTION
1. Adopt an Ordinance approving Code Amendment LR230097, amending Municipal Code Title 2, Chapter 2.20, Section 2.20.150, Appeal Procedures and Section 2.20.160, City Council Referral back to the Planning Commission.
10.5 Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 20171 (Maintenance Services)
RECOMMENDED ACTION
1. Accept the Petition of Pulte Home Company, LLC, Tract Nos. 366581 thru 366587 located to the southwest of McLaughlin Road and Byers Road into Community Facilities District (CFD) No. 20171 (Maintenance Services) as Annexation Area No. 22; and
2. Adopt a resolution of Intention to add Annexation Area No. 22 into CFD No. 20171, to authorize the levy of special tax therein to finance certain maintenance services, and to set a Public Hearing for September 6, 2023.
10.6 Agreements with Searle Creative Group, Tripepi Smith and Associates, and Mind and Mill for OnCall Graphic Design Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Professional Services Agreements with Searle Creative Group LLC, Tripepi Smith and Associates, Inc., and Mind and Mill LLC, in an aggregate amount nottoexceed $40,000 for Fiscal Year (FY) 2023/2024 and $40,000 for FY 2024/2025 for OnCall Graphic Design Services; and
2. Authorize the City Manager to approve three, oneyear extensions in an amount nottoexceed $40,000 annually.
10.7 Agreement with KimleyHorn and Associates, Inc. for the Garbani Road / I215 Interchange Project, Capital Improvement Program No. 2005 RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with KimleyHorn and Associates, Inc. in an amount nottoexceed $87,039.18 for the Garbani Road / I215 Interchange Project, Capital Improvement Program No. 2005.
10.8 Cooperative Purchase Contract with Graybar Electric Company, Inc. for Solar Streetlights for the Quail Valley Grid Area Streetlights Project, Capital Improvement Program No. 2308
RECOMMENDED ACTION
1. Authorize the City Manager to approve the purchase of Solar LED Streetlights through an OMNIA Partners Cooperative Purchase Contract with Graybar Electric Company, Inc. in an amount nottoexceed $104,419.59 for the Quail Valley Grid Area Streetlights Project, Capital Improvement Program No. 2308; and
2. Exempt the purchase from the competitive bidding process as the purchase would be made under OMNIA Partners Cooperative Purchase Contract No. EV 2370; and
3. Adopt a Budget Amendment Resolution appropriating $150,000 from CSA 86 Fund balance into the Project (Fund 460).
10.9 Quitclaim Deeds for Storm Drainage Easements for Heritage Lake Area No. 4 Tract 34406, Tract 344062, Tract 344063, Tract 344064, Tract 344065, and Tract 34406 6 RECOMMENDED ACTION
1. Accept the RightofWay and Flood Control Improvements for Heritage Lake Area No. 4 from Standard Pacific Homes, associated with the development of Tract Map 34406; and
2. Approve Quitclaim Deeds for the transfer of maintenance easements to Riverside County Flood Control and Water Conservation District as follows:
Heritage Lake Area No.4 Line A for a portion of Lot 3 of Tract 307051, portion of Parcel 333180021, Tract 34406; and
Heritage Lake Area No.4 Line A for a portion of Parcel 333710085, portion of Aqua Drive and Sunrise Drive, Tract 344064; and
Heritage Lake Area No.4 Line A for a portion of Parcel 333761023, Aqua Drive, Tract 344062; and
Heritage Lake Area No.4 Line B for a portion of Parcel 333761022, Parcel 333 751029, 333750030, Collier Drive, Tract 344062; and Heritage Lake Area No.4 Line B for a portion of Glacier Bay Drive, Tract 34406 6; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333180021, Tract 34406; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333700084, Tract 344064; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333700050, Tract 344065; and
Heritage Lake Area No.4 Line D for a portion of Parcel 333700083, Tract 344064; and
Heritage Lake Area No.4 Line Y for a portion of Parcel 333800038, Tract 344063.
10.10 Notice of Completion and Acceptance for the Fire Station No. 68 Interior Improvements Project, Capital Improvement Program No. 2103 RECOMMENDED ACTION
1. Accept the improvements for the Fire Station No. 68 Interior Improvements Project, Capital Improvement Program No. 2103; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
10.11 Acceptance of Public Improvements and 90% Release of Security for Tract Map 364855, Audie Murphy Ranch, by Sutter Mitland 01, LLC
RECOMMENDED ACTION
1. Accept the public improvements for streets, drainage, water, sewer and survey monuments for Tract Map 364855, Audie Murphy Ranch, located to the east of Goetz Road and south of Audie Murphy Road North; and
2. Authorize the City Engineer to release posted securities per the City’s Standard Policies.
10.12 Acceptance of Public Improvements and 90% Release of Security for Tract Map 3648510, Audie Murphy Ranch, by Sutter Mitland 01, LLC RECOMMENDED ACTION
1. Accept the public improvements for streets, drainage, water, recycled water, sewer and survey monuments for Tract Map 3648510, Audie Murphy Ranch, located north of Normandy Road and west of Audie Murphy Road North; and
2. Authorize the City Engineer to release posted securities per the City’s Standard Policies.
11. PUBLIC HEARING ITEMS
11.1 Ordinance Introduction Amending Municipal Code, Title 8, Buildings and Construction Code
RECOMMENDED ACTION
1. Introduce an Ordinance amending Title 8 of the Menifee Municipal Code to modify appendices included in Sections 8.04.010, 8.05.010, 8.12.010, and
8.16.010 of the 2022 California Building Standards Code.
11.2 Conduct Public Hearing and Adopt a Resolution Confirming Special Assessments for Delinquent Weed Abatement Accounts
RECOMMENDED ACTION
1. Conduct the Public Hearing to accept public testimony regarding Delinquent Collection Accounts for Weed Abatement to be applied to the Fiscal Year 2023/24 County of Riverside property Tax Roll for collection; and
2. Adopt a Resolution confirming special assessments and authorizing collection of delinquent weed abatement accounts on the annual property tax roll.
12. DISCUSSION ITEMS
12.1 Comprehensive Citywide Signage and Wayfinding Program Package RECOMMENDED ACTION
1. Provide direction on color selection for Citywide street sign color options; and
2. Approve completed Comprehensive Citywide Signage and Wayfinding Schematic Design Package from RSM Design; and
3. Direct staff to collaborate on a phased implementation plan for the Citywide Signage Program.
12.2 Community Facilities District 20211 (Banner Park), Issuance of Special Tax Bonds, Series 2023A
RECOMMENDED ACTION
1. Adopt a resolution authorizing the issuance of special tax bonds and the execution and delivery of documents in connection with Community Facilities District 20211 (Banner Park), located northwest of Domenigoni Parkway and Lindenberger Road.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Menifee Police Youth Driving Program (Liesemeyer, Oct. 19, 2022) Target Date: August 16, 2023
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> Update on Water by Darcy Burke, WaterMark Associates, and Eastern Municipal Water District (Sobek, March 1, 2023)
Target Date: August 16, 2023
> Existing Staff Member to serve as a Resident Benefits Liaison (Karwin, March 1, 2023) Target Date: August 16, 2023
> Key to the City Discussion (Sobek, July 19, 2023)
Target Date: TBD
> Property Tax Benefits for Disabled Veterans (Estrada, July 19, 2023) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
August 2, 2023
Page
5 of 729
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada,District 2
Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, August 2, 2023
4:30 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Sarah Manwaring, City Clerk
CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 City of Perris v. City of Menifee
Riverside County Superior Court Case No. CVRI230303456
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 City of Menifee v. City of Perris
Riverside County Superior Court Case No. CVRI220304
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
National Prescription Opiate Litigation, United States District Court Case No. 1:17CV 2804
4. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION:
Significant Exposure to Litigation (Gov. Code Section 54956.9(d)(2) or (3)):One Case
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Sara Clark – Menifee Church of Jesus Christ of LatterDay Saints
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Fire Department Quarterly Update
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 July 19, 2023 Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher Lists dated 06/30/2023, and 07/07/2023, the Payroll Register/Other EFTs dated 07/03/2023, 07/06/2023, 07/07/2023 and 07/11/2023 and the Void Check Listing PE 6/30/2023 which have a total budgetary impact of $7,603,762.99.
10.3 Fiscal Year 2022/2023 Developer Funded California Environmental Quality Act Consultant Update
RECOMMENDED ACTION
1. Receive and file the quarterly update on executed California Environmental Quality Act consultant contracts for Fiscal Year 2022/2023.
10.4 Second Reading and Ordinance Adoption Amending Municipal Code Title 2, Chapter
2.20, Section 2.20.150, Appeals Procedures and Section 2.20.160, City Council Referral back to the Planning Commission
RECOMMENDED ACTION
1. Adopt an Ordinance approving Code Amendment LR230097, amending Municipal Code Title 2, Chapter 2.20, Section 2.20.150, Appeal Procedures and Section 2.20.160, City Council Referral back to the Planning Commission.
10.5 Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 20171 (Maintenance Services)
RECOMMENDED ACTION
1. Accept the Petition of Pulte Home Company, LLC, Tract Nos. 366581 thru 366587 located to the southwest of McLaughlin Road and Byers Road into Community Facilities District (CFD) No. 20171 (Maintenance Services) as Annexation Area No. 22; and
2. Adopt a resolution of Intention to add Annexation Area No. 22 into CFD No. 20171, to authorize the levy of special tax therein to finance certain maintenance services, and to set a Public Hearing for September 6, 2023.
10.6 Agreements with Searle Creative Group, Tripepi Smith and Associates, and Mind and Mill for OnCall Graphic Design Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Professional Services Agreements with Searle Creative Group LLC, Tripepi Smith and Associates, Inc., and Mind and Mill LLC, in an aggregate amount nottoexceed $40,000 for Fiscal Year (FY) 2023/2024 and $40,000 for FY 2024/2025 for OnCall Graphic Design Services; and
2. Authorize the City Manager to approve three, oneyear extensions in an amount nottoexceed $40,000 annually.
10.7 Agreement with KimleyHorn and Associates, Inc. for the Garbani Road / I215 Interchange Project, Capital Improvement Program No. 2005 RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with KimleyHorn and Associates, Inc. in an amount nottoexceed $87,039.18 for the Garbani Road / I215 Interchange Project, Capital Improvement Program No. 2005.
10.8 Cooperative Purchase Contract with Graybar Electric Company, Inc. for Solar Streetlights for the Quail Valley Grid Area Streetlights Project, Capital Improvement Program No. 2308
RECOMMENDED ACTION
1. Authorize the City Manager to approve the purchase of Solar LED Streetlights through an OMNIA Partners Cooperative Purchase Contract with Graybar Electric Company, Inc. in an amount nottoexceed $104,419.59 for the Quail Valley Grid Area Streetlights Project, Capital Improvement Program No. 2308; and
2. Exempt the purchase from the competitive bidding process as the purchase would be made under OMNIA Partners Cooperative Purchase Contract No. EV 2370; and
3. Adopt a Budget Amendment Resolution appropriating $150,000 from CSA 86 Fund balance into the Project (Fund 460).
10.9 Quitclaim Deeds for Storm Drainage Easements for Heritage Lake Area No. 4 Tract 34406, Tract 344062, Tract 344063, Tract 344064, Tract 344065, and Tract 34406 6 RECOMMENDED ACTION
1. Accept the RightofWay and Flood Control Improvements for Heritage Lake Area No. 4 from Standard Pacific Homes, associated with the development of Tract Map 34406; and
2. Approve Quitclaim Deeds for the transfer of maintenance easements to Riverside County Flood Control and Water Conservation District as follows:
Heritage Lake Area No.4 Line A for a portion of Lot 3 of Tract 307051, portion of Parcel 333180021, Tract 34406; and
Heritage Lake Area No.4 Line A for a portion of Parcel 333710085, portion of Aqua Drive and Sunrise Drive, Tract 344064; and
Heritage Lake Area No.4 Line A for a portion of Parcel 333761023, Aqua Drive, Tract 344062; and
Heritage Lake Area No.4 Line B for a portion of Parcel 333761022, Parcel 333 751029, 333750030, Collier Drive, Tract 344062; and Heritage Lake Area No.4 Line B for a portion of Glacier Bay Drive, Tract 34406 6; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333180021, Tract 34406; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333700084, Tract 344064; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333700050, Tract 344065; and
Heritage Lake Area No.4 Line D for a portion of Parcel 333700083, Tract 344064; and
Heritage Lake Area No.4 Line Y for a portion of Parcel 333800038, Tract 344063.
10.10 Notice of Completion and Acceptance for the Fire Station No. 68 Interior Improvements Project, Capital Improvement Program No. 2103 RECOMMENDED ACTION
1. Accept the improvements for the Fire Station No. 68 Interior Improvements Project, Capital Improvement Program No. 2103; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
10.11 Acceptance of Public Improvements and 90% Release of Security for Tract Map 364855, Audie Murphy Ranch, by Sutter Mitland 01, LLC
RECOMMENDED ACTION
1. Accept the public improvements for streets, drainage, water, sewer and survey monuments for Tract Map 364855, Audie Murphy Ranch, located to the east of Goetz Road and south of Audie Murphy Road North; and
2. Authorize the City Engineer to release posted securities per the City’s Standard Policies.
10.12 Acceptance of Public Improvements and 90% Release of Security for Tract Map 3648510, Audie Murphy Ranch, by Sutter Mitland 01, LLC RECOMMENDED ACTION
1. Accept the public improvements for streets, drainage, water, recycled water, sewer and survey monuments for Tract Map 3648510, Audie Murphy Ranch, located north of Normandy Road and west of Audie Murphy Road North; and
2. Authorize the City Engineer to release posted securities per the City’s Standard Policies.
11. PUBLIC HEARING ITEMS
11.1 Ordinance Introduction Amending Municipal Code, Title 8, Buildings and Construction Code
RECOMMENDED ACTION
1. Introduce an Ordinance amending Title 8 of the Menifee Municipal Code to modify appendices included in Sections 8.04.010, 8.05.010, 8.12.010, and
8.16.010 of the 2022 California Building Standards Code.
11.2 Conduct Public Hearing and Adopt a Resolution Confirming Special Assessments for Delinquent Weed Abatement Accounts
RECOMMENDED ACTION
1. Conduct the Public Hearing to accept public testimony regarding Delinquent Collection Accounts for Weed Abatement to be applied to the Fiscal Year 2023/24 County of Riverside property Tax Roll for collection; and
2. Adopt a Resolution confirming special assessments and authorizing collection of delinquent weed abatement accounts on the annual property tax roll.
12. DISCUSSION ITEMS
12.1 Comprehensive Citywide Signage and Wayfinding Program Package RECOMMENDED ACTION
1. Provide direction on color selection for Citywide street sign color options; and
2. Approve completed Comprehensive Citywide Signage and Wayfinding Schematic Design Package from RSM Design; and
3. Direct staff to collaborate on a phased implementation plan for the Citywide Signage Program.
12.2 Community Facilities District 20211 (Banner Park), Issuance of Special Tax Bonds, Series 2023A
RECOMMENDED ACTION
1. Adopt a resolution authorizing the issuance of special tax bonds and the execution and delivery of documents in connection with Community Facilities District 20211 (Banner Park), located northwest of Domenigoni Parkway and Lindenberger Road.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Menifee Police Youth Driving Program (Liesemeyer, Oct. 19, 2022) Target Date: August 16, 2023
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> Update on Water by Darcy Burke, WaterMark Associates, and Eastern Municipal Water District (Sobek, March 1, 2023)
Target Date: August 16, 2023
> Existing Staff Member to serve as a Resident Benefits Liaison (Karwin, March 1, 2023) Target Date: August 16, 2023
> Key to the City Discussion (Sobek, July 19, 2023)
Target Date: TBD
> Property Tax Benefits for Disabled Veterans (Estrada, July 19, 2023) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
August 2, 2023
Page
6 of 729
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada,District 2
Lesa Sobek, District 3
Dean Deines, District 4
AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, August 2, 2023
4:30 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Sarah Manwaring, City Clerk
CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 City of Perris v. City of Menifee
Riverside County Superior Court Case No. CVRI230303456
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 City of Menifee v. City of Perris
Riverside County Superior Court Case No. CVRI220304
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
National Prescription Opiate Litigation, United States District Court Case No. 1:17CV 2804
4. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION:
Significant Exposure to Litigation (Gov. Code Section 54956.9(d)(2) or (3)):One Case
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Sara Clark – Menifee Church of Jesus Christ of LatterDay Saints
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Fire Department Quarterly Update
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respon d to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 July 19, 2023 Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.
10.1 Waiver of Reading
RECOMMENDED ACTION
1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION
1. Ratify and approve the Voucher Lists dated 06/30/2023, and 07/07/2023, the Payroll Register/Other EFTs dated 07/03/2023, 07/06/2023, 07/07/2023 and 07/11/2023 and the Void Check Listing PE 6/30/2023 which have a total budgetary impact of $7,603,762.99.
10.3 Fiscal Year 2022/2023 Developer Funded California Environmental Quality Act Consultant Update
RECOMMENDED ACTION
1. Receive and file the quarterly update on executed California Environmental Quality Act consultant contracts for Fiscal Year 2022/2023.
10.4 Second Reading and Ordinance Adoption Amending Municipal Code Title 2, Chapter
2.20, Section 2.20.150, Appeals Procedures and Section 2.20.160, City Council Referral back to the Planning Commission
RECOMMENDED ACTION
1. Adopt an Ordinance approving Code Amendment LR230097, amending Municipal Code Title 2, Chapter 2.20, Section 2.20.150, Appeal Procedures and Section 2.20.160, City Council Referral back to the Planning Commission.
10.5 Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 20171 (Maintenance Services)
RECOMMENDED ACTION
1. Accept the Petition of Pulte Home Company, LLC, Tract Nos. 366581 thru 366587 located to the southwest of McLaughlin Road and Byers Road into Community Facilities District (CFD) No. 20171 (Maintenance Services) as Annexation Area No. 22; and
2. Adopt a resolution of Intention to add Annexation Area No. 22 into CFD No. 20171, to authorize the levy of special tax therein to finance certain maintenance services, and to set a Public Hearing for September 6, 2023.
10.6 Agreements with Searle Creative Group, Tripepi Smith and Associates, and Mind and Mill for OnCall Graphic Design Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Professional Services Agreements with Searle Creative Group LLC, Tripepi Smith and Associates, Inc., and Mind and Mill LLC, in an aggregate amount nottoexceed $40,000 for Fiscal Year (FY) 2023/2024 and $40,000 for FY 2024/2025 for OnCall Graphic Design Services; and
2. Authorize the City Manager to approve three, oneyear extensions in an amount nottoexceed $40,000 annually.
10.7 Agreement with KimleyHorn and Associates, Inc. for the Garbani Road / I215 Interchange Project, Capital Improvement Program No. 2005 RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with KimleyHorn and Associates, Inc. in an amount nottoexceed $87,039.18 for the Garbani Road / I215 Interchange Project, Capital Improvement Program No. 2005.
10.8 Cooperative Purchase Contract with Graybar Electric Company, Inc. for Solar Streetlights for the Quail Valley Grid Area Streetlights Project, Capital Improvement Program No. 2308
RECOMMENDED ACTION
1. Authorize the City Manager to approve the purchase of Solar LED Streetlights through an OMNIA Partners Cooperative Purchase Contract with Graybar Electric Company, Inc. in an amount nottoexceed $104,419.59 for the Quail Valley Grid Area Streetlights Project, Capital Improvement Program No. 2308; and
2. Exempt the purchase from the competitive bidding process as the purchase would be made under OMNIA Partners Cooperative Purchase Contract No. EV 2370; and
3. Adopt a Budget Amendment Resolution appropriating $150,000 from CSA 86 Fund balance into the Project (Fund 460).
10.9 Quitclaim Deeds for Storm Drainage Easements for Heritage Lake Area No. 4 Tract 34406, Tract 344062, Tract 344063, Tract 344064, Tract 344065, and Tract 34406 6 RECOMMENDED ACTION
1. Accept the RightofWay and Flood Control Improvements for Heritage Lake Area No. 4 from Standard Pacific Homes, associated with the development of Tract Map 34406; and
2. Approve Quitclaim Deeds for the transfer of maintenance easements to Riverside County Flood Control and Water Conservation District as follows:
Heritage Lake Area No.4 Line A for a portion of Lot 3 of Tract 307051, portion of Parcel 333180021, Tract 34406; and
Heritage Lake Area No.4 Line A for a portion of Parcel 333710085, portion of Aqua Drive and Sunrise Drive, Tract 344064; and
Heritage Lake Area No.4 Line A for a portion of Parcel 333761023, Aqua Drive, Tract 344062; and
Heritage Lake Area No.4 Line B for a portion of Parcel 333761022, Parcel 333 751029, 333750030, Collier Drive, Tract 344062; and Heritage Lake Area No.4 Line B for a portion of Glacier Bay Drive, Tract 34406 6; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333180021, Tract 34406; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333700084, Tract 344064; and
Heritage Lake Area No.4 Line C for a portion of Parcel 333700050, Tract 344065; and
Heritage Lake Area No.4 Line D for a portion of Parcel 333700083, Tract 344064; and
Heritage Lake Area No.4 Line Y for a portion of Parcel 333800038, Tract 344063.
10.10 Notice of Completion and Acceptance for the Fire Station No. 68 Interior Improvements Project, Capital Improvement Program No. 2103 RECOMMENDED ACTION
1. Accept the improvements for the Fire Station No. 68 Interior Improvements Project, Capital Improvement Program No. 2103; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
10.11 Acceptance of Public Improvements and 90% Release of Security for Tract Map 364855, Audie Murphy Ranch, by Sutter Mitland 01, LLC
RECOMMENDED ACTION
1. Accept the public improvements for streets, drainage, water, sewer and survey monuments for Tract Map 364855, Audie Murphy Ranch, located to the east of Goetz Road and south of Audie Murphy Road North; and
2. Authorize the City Engineer to release posted securities per the City’s Standard Policies.
10.12 Acceptance of Public Improvements and 90% Release of Security for Tract Map 3648510, Audie Murphy Ranch, by Sutter Mitland 01, LLC RECOMMENDED ACTION
1. Accept the public improvements for streets, drainage, water, recycled water, sewer and survey monuments for Tract Map 3648510, Audie Murphy Ranch, located north of Normandy Road and west of Audie Murphy Road North; and
2. Authorize the City Engineer to release posted securities per the City’s Standard Policies.
11. PUBLIC HEARING ITEMS
11.1 Ordinance Introduction Amending Municipal Code, Title 8, Buildings and Construction Code
RECOMMENDED ACTION
1. Introduce an Ordinance amending Title 8 of the Menifee Municipal Code to modify appendices included in Sections 8.04.010, 8.05.010, 8.12.010, and
8.16.010 of the 2022 California Building Standards Code.
11.2 Conduct Public Hearing and Adopt a Resolution Confirming Special Assessments for Delinquent Weed Abatement Accounts
RECOMMENDED ACTION
1. Conduct the Public Hearing to accept public testimony regarding Delinquent Collection Accounts for Weed Abatement to be applied to the Fiscal Year 2023/24 County of Riverside property Tax Roll for collection; and
2. Adopt a Resolution confirming special assessments and authorizing collection of delinquent weed abatement accounts on the annual property tax roll.
12. DISCUSSION ITEMS
12.1 Comprehensive Citywide Signage and Wayfinding Program Package RECOMMENDED ACTION
1. Provide direction on color selection for Citywide street sign color options; and
2. Approve completed Comprehensive Citywide Signage and Wayfinding Schematic Design Package from RSM Design; and
3. Direct staff to collaborate on a phased implementation plan for the Citywide Signage Program.
12.2 Community Facilities District 20211 (Banner Park), Issuance of Special Tax Bonds, Series 2023A
RECOMMENDED ACTION
1. Adopt a resolution authorizing the issuance of special tax bonds and the execution and delivery of documents in connection with Community Facilities District 20211 (Banner Park), located northwest of Domenigoni Parkway and Lindenberger Road.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> Menifee Police Youth Driving Program (Liesemeyer, Oct. 19, 2022) Target Date: August 16, 2023
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> Update on Water by Darcy Burke, WaterMark Associates, and Eastern Municipal Water District (Sobek, March 1, 2023)
Target Date: August 16, 2023
> Existing Staff Member to serve as a Resident Benefits Liaison (Karwin, March 1, 2023) Target Date: August 16, 2023
> Key to the City Discussion (Sobek, July 19, 2023)
Target Date: TBD
> Property Tax Benefits for Disabled Veterans (Estrada, July 19, 2023) Target Date: TBD
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council
August 2, 2023
Page
7 of 729
Menifee Mayor and City Council July 19, 2023
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada, District 2
Lesa Sobek, District 3
Dean Deines, District 4 MINUTES
Menifee City Council
Regular Meeting Minutes
Wednesday, July 19, 2023
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Stephanie Roseen, Acting Clerk
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
Mayor Zimmerman called the meeting to order at 6:01 PM.
2. ROLL CALL
Present: Bill Zimmerman, Bob Karwin, Ricky Estrada, Lesa Sobek, Dean Deines
Absent: None
3. WORDS OF INSPIRATION
3.1 Bob Warning Crossway Menifee
4. PLEDGE OF ALLEGIANCE
Rotary Club President Kristina Mills led the flag salute.
5. PRESENTATIONS
5.1 Citizen of the Month – Stacy Hartfiel
The City Council presented Stacy Hartfiel with a certificate for Citizen of the Month.
5.2 Recognition of Kahlil Pilacin, Mixed Martial Arts Achievement The City Council presented Kahlil Pilacin with a certificate of recognition.
5.3 Business Spotlight – Melody Thai Cuisine
Economic Development Director Gina Gonzalez introduced Derek and Pramuan Voecks, owners of Melody Thai Cuisine, and showed a short video.
Item Title: 9.1
July 19, 2023 Minutes
Item Page Number: 1
Menifee Mayor and City Council
August 2, 2023
Page
8 of 729
Menifee Mayor and City Council July 19, 2023
5.4 Community Services Update
Community Services Manager Mariana Mitchell and Parks and Landscape Manager Bryce Howell provided the Community Services update and shared a short video.
The City was awarded the California Park and Recreation Society’s Award of Excellence for park design for the Gale Webb Action Sports Park. The City Council presented Gale Webb with the California Park and Recreation Society’s Champion of the Community award. Assemblyman Bill Essayli presented Gale Webb with the Woman of the Year award. The City Council presented the City’s Parks, Recreation, and Trails Commissioners with a proclamation for Parks Make Life Better Month.
5.5 Police Department Quarterly Update
Menifee Police Captain Dave Gutierrez provided a presentation and reported on the Police Department’s quarterly update.
6. AGENDA APPROVAL OR MODIFICATIONS
The agenda was approved unanimously (50) with no modifications.
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
The following speakers addressed the City Council on nonagendized items:
•Ed Samuelson
•Kristina Mills
•Jennifer Root
8. COUNCILMEMBER UPDATES AND COMMENTS
Councilmember Deines reported on the meetings and events he attended. •Riverside Transportation Agency (RTA) Board of Directors Meeting •City of Menifee’s Independence Day Celebration
•Tip a Cop Event at BJs Brewhouse
•RTA TNow Meeting
•Boulders Community Groundbreaking Event
•Sweet Red Peach Grand Opening
•20th Anniversary Oasis Blood Drive
•Underwood Park Ribbon Cutting
Councilmember Estrada reported on the meetings and events he attended. •Menifee Fire Station Tour
•WRCOG General Assembly
•Lake Elsinore Chamber of Commerce Salute to the Elected Event •Sweet Red Peach Grand Opening
•Underwood Park Ribbon Cutting
Item Title: 9.1
July 19, 2023 Minutes
Item Page Number: 2
Menifee Mayor and City Council
August 2, 2023
Page
9 of 729
Menifee Mayor and City Council July 19, 2023
Councilmember Sobek reported on the meetings and events she attended. •Southwest Woman’s Elected Meeting
•City of Menifee’s Independence Day Celebration
•Sweet Red Peach Grand Opening
•Chamber Ribbon Cutting at Cafe Mercado
•Underwood Park Ribbon Cutting
•Boulders Community Groundbreaking Event
•WRCOG General Assembly Meeting
•Western Riverside County Multiple Species Habitat Conservation Meeting •20 th Anniversary Oasis Blood Drive
•NAIOP, Commercial Real Estate Development Association, Meeting Mayor Pro Tem Karwin reported on the meetings and events he attended. •Sun City Farmer’s Market
•Underwood Park Ribbon Cutting
•Rotary Club Meeting
•Chamber Mixer at Urbane Cafe
•Campfire Youth Program and Lazy Creek
•Chamber Wake Up at Nothing Bunt Cakes
Mayor Zimmerman reported on the meetings and events he attended. •Southwest Woman’s Elected Meeting
•MilVet Care Packages
•Rotary Club Installation
•City of Menifee’s Independence Day Celebration
•Sun Meadows HOA Meeting
•Chamber Ribbon Cutting at Cafe Mercado
•Mayor’s Idea Exchange
•WRCOG General Assembly
•Boulders Community Groundbreaking Event
•Speaker at Friends of Sun City Library
•Lake Elsinore Chamber of Commerce Salute to the Elected Event •Men’s Fellowship Meeting in Canyon Lake
•Sweet Red Peach Grand Opening
•Foodie Friday
•20 th Anniversary Oasis Blood Drive
•Underwood Park Ribbon Cutting
•Riverside County Transportation Commission Meeting
•Rotary Club Meeting
•Southern California Edison GAP Panal Meeting
•Chamber Mixer at Urbane Cafe
•Campfire Youth Program and Lazy Creek
•Romoland Elementary Family Day
•Chamber Wake Up at Nothing Bunt Cakes
Item Title: 9.1
July 19, 2023 Minutes
Item Page Number: 3
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9. APPROVAL OF MINUTES
The minutes were approved unanimously (50) with no modifications.
9.1 June 21, 2023 Minutes
10. CONSENT CALENDAR
Councilmember Estrada requested to pull Item No. 10.8.
The balance of the Consent Calendar was approved by the following vote.
MOVER: Bob Karwin
SECONDER: Lesa Sobek
10.1 Waiver of Reading
ACTION
1. Waived the reading in full of any and all Ordinances listed on this agenda and provided that they be read by title only.
10.2 Warrant Register
ACTION
1. Ratified and approved the Voucher Lists dated 06/02/2023, 6/09/2023, 6/16/2023 and 06/23/2023, the Payroll Register/Other EFTs dated 06/02/2023, 06/08/2023, 06/09/2023, 06/13/2023, 06/22/2023, and 06/23/2023, and the Void Check Listing PE 5/31/2023 which have a total budgetary impact of $6,392,070.24.
10.3 Treasurer's Report
ACTION
1. Received and filed the Treasurer’s Report as of May 31, 2023.
10.4 Monthly Public Safety Reports
ACTION
1. Received and filed.
10.5 Second Reading and Adoption of Ordinances for Fiscal Year 2023/2024 Annual Levy for Community Facilities Districts
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
Item Title: 9.1
July 19, 2023 Minutes
Item Page Number: 4
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Menifee Mayor and City Council July 19, 2023
ACTION
1. Adopted Ordinance No. 2023-374, amending Ordinance No. 2012103 and levying special taxes to be collected during Fiscal Year (FY) 2023/2024 to pay the annual costs of the maintenance and servicing of streetlights, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for capital replacement, and administrative expenses with respect to City of Menifee Community Facilities District (CFD) No. 20121 (Audie Murphy Ranch); and
2. Adopted Ordinance No. 2023-375, amending Ordinance No. 2012108 and levying special taxes to be collected during FY 2023/2024 to pay the annual costs of the maintenance and servicing of streetlights, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for capital replacement, and administrative expenses with respect to City of Menifee CFD No. 20122 (Hidden Hills); and
3. Adopted Ordinance No. 2023-376, amending Ordinance No. 2014153 and levying special taxes to be collected during FY 2023/2024 to pay the annual costs of the maintenance and servicing of streetlights, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for capital replacement, and administrative expenses with respect to City of Menifee CFD No. 20141 (Town Center); and
4. Adopted Ordinance No. 2023-377, amending Ordinance No. 2014154 and levying special taxes to be collected during FY 2023/2024 to pay the annual costs of the maintenance and servicing of streetlights, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for capital replacement, and administrative expenses with respect to City of Menifee CFD No. 20142 (Commerce Pointe); and
5. Adopted Ordinance No. 2023-378, amending Ordinance No. 2015173 and levying special taxes to be collected during FY 2023/2024 to pay the annual costs of the maintenance and servicing of streetlights, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for capital replacement, and administrative expenses with respect to City of Menifee CFD No. 20152 (Maintenance Services); and
6. Adopted Ordinance No. 2023-379, amending Ordinance No. 2017231 and levying special taxes to be collected during FY 2023/2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of Menifee CFD No. 20171 (Maintenance Services).
10.6 Annual Levy for Community Facilities District No. 20171 (Maintenance Services) Annexation No. 14, Tax Zone No. 14, Adler Ranch
ACTION
1. Adopted Resolution No. 23-1344 ordering the levy and collection of special taxes within Community Facilities District No. 20171 (Maintenance Services) Annexation No. 14, Tax Zone No. 14, Adler Ranch for Fiscal Year 2023/2024; and
2. Adopted Resolution No. 23-1345 authorizing an increase in revenue and appropriation of expenditures in the amount of $6,463.82 for Community Facilities Districts No. 20171 (Maintenance Services) Annexation No.14, Tax Zone No. 14, Adler Ranch for Fiscal Year 2023/2024.
Item Title: 9.1
July 19, 2023 Minutes
Item Page Number: 5
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10.7 Agreements with Spicer Consulting Group and Stradling Yocca Carlson & Rauth for Bonded Community Facilities Districts Formation and Consulting Services for Fiscal Years 2023/2024 and 2024/2025
ACTION
1. Approved and authorized the City Manager to execute a Professional Services Agreement with Spicer Consulting Group in the nottoexceed amount of $250,000 per year for Fiscal Year 2023/2024 and Fiscal Year 2024/2025 for Bonded Community Facilities District Formation Services and Bond Issuance Services; and
2. Approved and authorized the City Manager to execute a Professional Services Agreement with Stradling Yocca Carlson & Rauth in the nottoexceed amount of $210,000 per year for Fiscal Year 2023/2024 and Fiscal Year 2024/2025 for Bonded Community Facilities District Bond Counsel Services.
10.8 Agreement with Advantage Mailing, LLC for Printing Services and Authorization of Postage for Menifee Matters Magazines and Quality of Life Newsletters Councilmember Estrada asked questions of staff and spoke in favor of consolidating the biannual Quality of Life informational flyer with Menifee Matters.
ACTION
1. Approved and authorized the City Manager to execute a Professional Services Agreement with Advantage Mailing, LLC, for printing services in an amount not toexceed $64,120 in Fiscal Year (FY) 2023/2024 and in an amount notto exceed $69,346 in FY 2024/2025 for the quarterly Menifee Matters magazines and biannual Quality of Life (Measure DD) newsletters; and
2. Authorized the City Manager to approve three oneyear autorenewals with an annual increase nottoexceed 8% per year to provide for printing rate and volume increases resulting from the anticipated growth in population; and
3. Authorized the City Manager to approve an annual USPS purchase order for the postage of the quarterly Menifee Matters magazines and biannual Quality of Life (Measure DD) newsletters for a period of five years, from July 1, 2023, through June 30, 2028, based upon the standard Every Door Direct Mail rate.
MOVER: Bill Zimmerman
SECONDER: Dean Deines
10.9 Agreement with CPS HR Consulting for Training Services ACTION
1. Approved and authorized the City Manager to execute a Professional Services Agreement with CPS HR Consulting in an amount nottoexceed $34,880 for Fiscal Year 2023/2024 for Comprehensive Leadership Skills Training Services.
10.10 Agreement with Parsons for Professional Environmental and Civil Design Services for the Menifee Road Widening Project
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
Item Title: 9.1
July 19, 2023 Minutes
Item Page Number: 6
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ACTION
1. Approved and authorized the City Manager to execute a Professional Services Agreement with Parsons for environmental and civil design services in an amount nottoexceed $974,310 for the Menifee Road Widening Project, CIP No. 2312.
10.11 Agreement Amendment with Axon Enterprise, Inc. for Police Department Body Worn Camera Licenses
ACTION
1. Approved and authorized the City Manager to execute Amendment No. 4 to the Master Services and Purchasing Agreement with Axon Enterprise, Inc. in an amount nottoexceed $5,478.30 for Axon devices and services for Fiscal Years 2023/2024 and 2024/2025; and
2. Exempt the purchase above from the competitive bidding as the purchase will be made under the Cooperative Purchasing Agreement (“Piggyback”) with NPPGov (Contract# PS20270); and
3. Authorized the City Manager to execute the required documents and the Finance Department to issue a corresponding Purchase Order for the purchase(s), and contract(s) and/or amendments.
10.12 Agreement Amendment with Interwest Consulting Group, Inc., for OnCall Building and Safety Plan Review Services
ACTION
1. Approved and authorized the City Manager to execute Amendment No. 2 to the 2022/2023 Professional Services Agreement with Interwest Consulting Group, Inc., to increase the contract by $35,000 for a total amount nottoexceed $365,000 for asneeded plan review services.
10.13 Agreement Amendment with Adame Landscape, Inc. for Landscape Maintenance Services
ACTION
1. Approved and authorized the City Manager to execute Amendment No. 13 to the Contract Services Agreement with Adame Landscape, Inc. for routine landscape maintenance services in the amount of $1,279,272.31 for a revised total nottoexceed aggregate sum of $5,162,398.08; and
2. Authorized the City Manager to execute agreement amendments for the remainder of Fiscal Year 2023/2024, at the City’s discretion, and contingency on availability of the corresponding budget.
10.14 Contract Change Order No. 1 to M. Brey Electric, Inc. for Flooring Installation Services ACTION
1. Approved and authorized the City Manager to execute Contract Change Order No. 1 to the Contract Services Agreement with M. Brey Electric, Inc. for flooring installation services at the Kay Ceniceros Senior Center and West Annex facilities, in the total amount of $3,245.30, for a revised total nottoexceed an aggregate sum of $20,865.30.
Item Title: 9.1
July 19, 2023 Minutes
Item Page Number: 7
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10.15 Appropriation of Developer InLieu FairShare Funds and Contract Change Order No. 4 for the Holland Road / I215 Overcrossing Project, Capital Improvement Project No. 1303
ACTION
1. Adopted Resolution No. 23-1346 approving the appropriation of Developer InLieu Fair Share deposits in a total amount of $240,615 ($106,336 from Trust Fund Account No. 3502256, $117,000 from Account No. 3502360, and $17,279 from Account No. 3502370) CashInLieu for Holland Road to Revenue Account No. 3203899 and Expenditure Account No. 320455558021 for the Holland Road / I215 Overcrossing Project, Capital Improvement Project No. 1303; and
2. Approved an increase to the contract contingency amount with Ferreira Coastal Construction Company to a total of $179,794, or 25% of the original contract amount, and authorized the City Manager to approve future change orders up to the same amount or less; and
3. Authorized the City Manager to approve Contract Change Order No. 4 with Ferreira Coastal Construction Company in a nottoexceed amount of $94,056.97.
10.16 Setting a Public Hearing Date for Notice of Street Vacation No. 22002, Vacating of a Portion of Public Rightofway at the Entrance to Tract 32628, Adler Ranch ACTION
1. Authorized the City Manager to direct staff to initiate proceedings to vacate a portion of public rightofway on Craig Avenue, located east of Antelope Road, and within the entrance to Tract 32628, Adler Ranch; and
2. Set a public hearing date for September 6, 2023.
10.17 Notice of Completion and Acceptance for Crack Sealing Services for the Fiscal Year 2022/2023 Slurry Seal Program Project
ACTION
1. Accepted the improvements for Crack Sealing Services for the Fiscal Year 2022/2023 Slurry Seal Program, Pavement Management Project (PMP) No. 23 01; and
2. Authorized the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
10.18 Notice of Completion and Acceptance for the Murrieta Road/Sun City Boulevard Traffic Signal Project
ACTION
1. Accepted the improvements for the Murrieta Road/Sun City Traffic Signal Project, Capital Improvement Project No. 2109; and
2. Authorized the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
10.19 Final Map, Security Improvement Agreements and Bonds for Tract Map 366583, Cimarron Ridge, by Pulte Homes Company, LLC.
Item Title: 9.1
July 19, 2023 Minutes
Item Page Number: 8
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ACTION
1. Approved and authorized the filing of Final Map No. 366583, Cimarron Ridge, by Pulte Homes Company, LLC, located north of Thornton Avenue and east of Goetz Road; and
2. Approved and authorized the City Manager to execute the subdivision improvement agreements to guarantee completion of required offsite improvements associated with Tract Map (TM) 366583.
10.20 Landscape Improvement Agreement and Bond for Parcel Map No. 376241, McCall Square Phase 1, by Heritage Square Menifee, LLC
ACTION
1. Approved and authorized the City Manager to execute a Landscape Improvement Agreement to guarantee the completion of required public landscape improvements associated with McCall Square Phase 1, located north of McCall Boulevard and west of Menifee Road.
10.21 Acceptance of Public Improvements at Salt Creek Channel, Parcel 13 of Parcel Map 32269, Audie Murphy Ranch, by Sutter Mitland 01, LLC.
ACTION
1. Accepted the public improvements for drainage and water quality for the Salt Creek Channel located within Audie Murphy Ranch, north of Newport Road and east of Goetz Road; and
2. Adopted Resolution No. 23-1347 approving the grant deed and certificate of acceptance for the Salt Creek Channel.
11. PUBLIC HEARING ITEMS
11.1 Introduction of an Ordinance Amending Municipal Code Title 2, Chapter 2.20, Section
2.20.150, Appeals Procedures and Section 2.20.160, City Council Referral back to the Planning Commission
Principal Planner Doug Darnell provided a presentation and reported on the ordinance amendment.
Mayor Zimmerman opened the public hearing at 7:48 PM. City Clerk Stephanie Roseen stated the public hearing was legally noticed and there was no correspondence or public comments. Mayor Zimmerman closed the public hearing at 7:48 PM.
Ms. Roseen introduced the ordinance by title.
ACTION
1. Found Code Amendment No. LR230097 exempt from further environmental review under the California Environmental Quality Act (CEQA) and directed staff to file a Notice of Exemption; and
2. Introduced an ordinance approving Code Amendment LR230097, amending Municipal Code Title 2, Chapter 2.20, Section 2.20.150, Appeal Procedures and Section 2.20.160, City Council Referral back to the Planning Commission.
Item Title: 9.1
July 19, 2023 Minutes
Item Page Number: 9
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MOVER: Bill Zimmerman
SECONDER: Lesa Sobek
12. DISCUSSION ITEMS
12.1 2023 Parks Master Plan Adoption
The City Council asked questions of staff.
The City Council provided consensus for the use of developer earmarked funds for a future Park Ranger Headquarters/interpretive center.
ACTION
1. Adopted Resolution No. 23-1348 adopting the updated 2023 Parks Master Plan.
MOVER: Lesa Sobek
SECONDER: Dean Deines
12.2 Noise Concerns on Newport Road Corridor
Menifee Police Captain Heriberto Gutierrez provided a presentation and reported on noise concerns on Newport Road.
The City Council discussed establishing “Quiet Zones” in certain corridors in the City and placing additional signage in those areas, social media campaigns, and providing a report back to Council on efforts made.
12.3 Feasibility of Establishing a Volunteer Traffic Enforcement Unit Menifee Police Captain Heriberto Gutierrez provided a presentation and reported on the item.
The City Council asked questions of staff and requested more police and volunteer presence at high traffic areas within the City.
13. CITY ATTORNEY REPORTS
None.
14. CITY MANAGER REPORTS
None.
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
Item Title: 9.1
July 19, 2023 Minutes
Item Page Number: 10
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15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
Councilmember Sobek requested a discussion item regarding a Key to the City Policy. The request was seconded by Mayor Pro Tem Karwin.
Councilmember Estrada requested a discussion item regarding property tax rebates for disabled veterans. The request was seconded by Mayor Pro Tem Karwin.
16. ADJOURN
Mayor Zimmerman adjourned the meeting at 8:39 PM.
Stephanie Roseen, CMC
Acting City Clerk
Item Title: 9.1
July 19, 2023 Minutes
Item Page Number: 11
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CITY OF MENIFEE
SUBJECT: Warrant Register
MEETING DATE: August 2, 2023
TO: Mayor and City Council
PREPARED BY: Ann-Marie Etienne, Finance Manager
REVIEWED BY: Margarita Cornejo, Deputy Finance Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Ratify and approve the Voucher Lists dated 06/30/2023, and 07/07/2023, the Payroll Register/Other EFTs dated 07/03/2023, 07/06/2023, 07/07/2023 and 07/11/2023 and the Void Check Listing PE 6/30/2023 which have a total budgetary impact of $7,603,762.99.
DISCUSSION
The City of Menifee Municipal Code Chapter 3.16.050 requires that the City Council audit payments of demands and direct the City Manager to issue checks. The attached Voucher Lists and all corresponding invoices have been reviewed and approved for accuracy by the Finance Manager and by the Interim Chief Financial Officer. Voucher Lists dated 06/30/2023, and 07/07/2023, the Payroll Register/Other EFTs 07/03/2023, 07/06/2023, 07/07/2023 and 07/11/2023 and the Void Check Listing PE 6/30/2023 have a total budgetary impact of $7,603,762.99.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
As indicated previously, the payments of demand above have a total budgetary impact of $7,603,762.99, which is included in the fiscal year 2022/23 and 2023/24 budget.
ATTACHMENTS
1. Voucher Listing 06/30/2023
2. Voucher Listing 06/30/2023-1
3. Voucher Listing 07/07/2023
4. Payroll Register/Other EFTs
5. Void Check Listing A-P
Item Title: 10.2
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Item Page Number: 1
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06/28/2023
Voucher List
City of Menifee
1 4:32:57PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 57805 6/23/2023 01374 CIVILPROS COM_1002_202304 02109 APR'23 CIP 20-01 SCOTT RD WIDENING PROJ 24,618.25 Total : 24,618.25
57806 6/23/2023 02374 ETECH-360 INC MF-Inv#102B 04118 JAN'23 PROFESSIONAL IT SVCS 7,618.50 04118 26,747.30FEB'23 PROFESSIONAL IT SVCSMF-Inv#103
04118 29,159.00MAR'23 PROFESSIONAL IT SVCSMF-Inv#104
04118 23,118.00APR'23 PROFESSIONAL IT SVCSMF-Inv#105
04118 31,528.00MAY'23 PROFESSIONAL IT SVCSMF-Inv#106
Total : 118,170.80
57807 6/23/2023 02129 GRACIELA VERDUZCO BP0014173 FY22 PD SUBSTATION OPERATING EXPENSE 1,380.97 Total : 1,380.97
57808 6/23/2023 02689 SEDAGHAT LAW GROUP, APC 121062123P LEGAL SETTLEMENT DARRELL KING VS. CITY O 75,000.00 Total : 75,000.00
57809 6/23/2023 00875 STATE WATER RESOURCE CTRL BD 105061423P 04763 CLEAN WATER ACT PERMIT BRADLEY ROAD BRID 37,036.00 Total : 37,036.00
57810 6/23/2023 02681 TEMECULA VALLEY TOYOTA, OREMOR OF TEMECULA, LLC119062023P 04756 FIRE DEP VEHICLE PURCHASE 85,302.59 Total : 85,302.59
57811 6/30/2023 00851 ACCELA, INC. AC22-0029-0267-0266 IT ACCELARATE 2023 / FULL DAY 1,595.00 Total : 1,595.00
57812 6/30/2023 02492 ACT 1 CONSTRUCTION INC. 4 04376 MAY'23 CIP 21-04 FIRE STATION 5 ENG SVCS 198,914.77 Total : 198,914.77
57813 6/30/2023 01276 ADVANTAGE 185987 04745 PRINTING SPRING EDITION OF MENIFEE MATTE 12,702.02 Total : 12,702.02
57814 6/30/2023 01799 AIRFORCE 1 PLUMBING HEATING &, AIR, INC 102977 PD FACILITY MAINT 125.00 1,975.00PD FACILITY MAINT102984
685.00KAY CENCIEROS SENIOR CENTER FACILITY MAI102990
Total : 2,785.00
57815 6/30/2023 01252 AMAZON CAPITAL SERVICES, INC. 119G-17J4-LX4V CS FACILITIES SUPPLIES 73.23 1Page:
Item Title: 10.2
Warrant Register
Item Page Number: 2
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06/28/2023
Voucher List
City of Menifee
2 4:32:57PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 57815 6/30/2023 (Continued)01252 AMAZON CAPITAL SERVICES, INC.
99.62CS PARKS SMALL TOOLS/FIELD EQUIP1473-FXTG-6697
45.57PD OFFICE SUPPLIES1DLX-Q79W-4HMY
182.95CS LAZY CREEK SUPPLIES1FKH-RX74-3PP9
50.77CS VEHICLE MAINTENANCE1FWY-VFJ1-CP4N
427.04CS SENIOR CENTER SUPPLIES1J71-RJG3-GD66
83.64CS CULTURAL ART SUPPLIES1N6L-PF7L-9MTG
121.29IT SUPPLIES1NLQ-GD3N-1YH1
339.27B&S EQUIP MAINT1P6K-KLTL-49GQ
24.70CS SPECIAL EVENT SUPPLIES1T99-JTX9-41VX
Total : 1,448.08
57816 6/30/2023 00507 ANIMAL FRIENDS OF THE VALLEY MAY'2023 04304 MAY'23 ANIMAL FIELD SERVICES 19,500.00 Total : 19,500.00
57817 6/30/2023 01165 BEARCOM 6371341 CS SPECIAL EVENT SUPPLIES 1,914.39 Total : 1,914.39
57818 6/30/2023 02111 CANNON DESIGN 233328 03538 MAY'23 CIP 21-04 ENG SVCS FIRE STATION N 17,022.50 Total : 17,022.50
57819 6/30/2023 01720 CG RESOURCE MANAGEMENT AND, ENGINEERING, INC.1089 04639 ON-CALL NPDES SVCS NON-RECOVERABLE 4,536.22 Total : 4,536.22
57820 6/30/2023 02514 CUMMING MANAGEMENT GROUP, INC. 127717 04377 MAY'23 CIP 23-07 LBR COMPLI SVCS MURRIET 540.00 04698 550.00MAY'23 CIP 22-23 LBR COMPLI ROMOLAND GRI127840 Total : 1,090.00
57821 6/30/2023 00881 D.R. BECHTER CONSULTING INC. 14-002-395 04246 MAY'23 CONSTR INSP SVCS 5,340.00 04246 3,000.00D.R. BECHTER- APR'23 CONSTR INSP SVCS14-002-396 Total : 8,340.00
57822 6/30/2023 02606 DELTA DENTAL OF CALIFORNIA BE005528976 JUN'23 PPO INSURANCE PREMIUMS 17,068.15 Total : 17,068.15
57823 6/30/2023 00453 DENNIS JANDA, INC. 15876 04239 MAY'23 SURVEYING/MAPPING SVCS 3,365.00 Total : 3,365.00
2Page:
Item Title: 10.2
Warrant Register
Item Page Number: 3
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Voucher List
City of Menifee
3 4:32:57PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 57824 6/30/2023 01988 DIVERSIFIED DISTRIBUTION 2003194 PD VEHICLE MAINTENANCE 482.47 Total : 482.47
57825 6/30/2023 00805 GARY F. HOYT LANDSCAPE CP-2537B MAR'23 ENG LAND/DESIGN SVCS (RECOVERABLE 6,720.00 04240
Total : 6,720.00
57826 6/30/2023 00139 GHA TECHNOLOGIES INC 11301649 04677 COMMUNICATIONS STAFF LAPTOPS / PC TOWERS 9,078.48 04689 4,371.75IT HARDWARE TOKEN (CISCO)11304461
04739 12,172.69CITY HALL IT SERVER ROOM - CAGE 4 UPS/PD11304766 Total : 25,622.92
57827 6/30/2023 01310 GOLDSTAR ASPHALT PRODUCTS 23096 04780 P/W EQUIP RENTAL 6,514.00 04780
04775 13,518.27P/W MATERIALS/SUPPLIES23097
603.40PW ROAD STRIPPING AND MARKING23452
Total : 20,635.67
57828 6/30/2023 01461 IK CONSULTING, LLC IK-Menifee0523 04406 MAY'23 ACCELA TECH SUPPORT & TRAINING SV 9,425.00 Total : 9,425.00
57829 6/30/2023 01498 INNOVATIVE DOCUMENT SOLUTIONS, T36E 251052 IT SUPPLIES 489.38 Total : 489.38
57830 6/30/2023 02671 JAMAR TECHNOLOGIES, INC. 60800 04736 ENG TRAFFIC COUNTING EQUIPMENT 12,141.94 Total : 12,141.94
57831 6/30/2023 00840 KIMLEY-HORN AND ASSOCIATES, INC. 094991018-0423 04287 APR'23 CQA PLN SVCS NOVA POWER BANK 4,639.25 Total : 4,639.25
57832 6/30/2023 01871 LEXISNEXIS COPLOGIC, SOLUTIONS INC 807519-20230531 04317 MAY'23 ONLINE REPORTING SYSTEM 1,440.00 Total : 1,440.00
57833 6/30/2023 01567 LOZANO SMITH LLP 2191723 04554 MAY'23 LEGAL SVCS 1,837.11 04554 195.00MAY'23 LEGAL SVCS2191725
04554 780.00MAY'23 LEGAL SERVICES2191726
04554 1,746.50MAY'23 LEGAL SVCS2191732
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Item Title: 10.2
Warrant Register
Item Page Number: 4
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Voucher List
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4 4:32:57PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 4,558.61 57833 6/30/2023 01567 01567 LOZANO SMITH LLP 57834 6/30/2023 00241 LSA ASSOCIATES INC 188456 04560 MAY'23 CEQA SVCS FREEDOM BUS PARK 1,145.00 Total : 1,145.00
57835 6/30/2023 01617 NEARMAP US INC. INV00918815 NEARMAP PUBLIC DISPLAY LICENSE FOR GOVER 389.34 Total : 389.34
57836 6/30/2023 00863 NV5 INC 330860 APR'23 CIP21-11 MATERIAL TESTING 1,497.50 Total : 1,497.50
57837 6/30/2023 02274 PACIFIC OFFICE INTERIORS 11493-2 03649 CIP 19-16 LAZY CREEK RECREATION CENTER F 10,718.67 Total : 10,718.67
57838 6/30/2023 01467 PARRON-HALL CORPORATION 126062723P 04734 50% DEPOSIT PARRON HALL FURNITURE ORDER 8,559.41 04621 12,395.02FURNITURE / INSTALLATION SVCS FOR COMMUN40179 Total : 20,954.43
57839 6/30/2023 02512 PARTS AUTHORITY, LLC 292-425886 PD VEHICLE MAINT 105.05 141.23PD VEHICLE MAINT431414383
57.29PW EQUIP MAINT62-261844
Total : 303.57
57840 6/30/2023 00373 PITNEY BOWES GLOBAL FIN. SERV. 3106139553 04335 APR-JUL'23 POSTAGE MACHINE EQUIPMENT LEA 1,289.61 Total : 1,289.61
57841 6/30/2023 00346 PLACEWORKS, INC. 82140 04550 MAY'23 HOUSING MARKETING 17,791.35 Total : 17,791.35
57842 6/30/2023 02159 QUEST 543953 04190 MAY'23 ENTERPRISE BUSINESS SYSTEM BACKUP 1,490.00 Total : 1,490.00
57843 6/30/2023 01212 R.J. NOBLE COMPANY 225291 PW MATERIALS/SUPPLIES 347.81 229.01PW MATERIALS/SUPPLIES225348
224.81PW MATERIALS/SUPPLIES225443
Total : 801.63
57844 6/30/2023 02650 RAPID PRINT SOLUTIONS 23809 PRINTING / DUPLICATION BUDGET BOOK 760.69 4Page:
Item Title: 10.2
Warrant Register
Item Page Number: 5
Menifee Mayor and City Council
August 2, 2023
Page
23 of 729
06/28/2023
Voucher List
City of Menifee
5 4:32:57PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 760.69 57844 6/30/2023 02650 02650 RAPID PRINT SOLUTIONS 57845 6/30/2023 00421 RBF/MICHAEL BAKER CORPORATION 1180205 03925 APR'23 CQA22-008 PLN SVCS 3,158.75 Total : 3,158.75
57846 6/30/2023 01457 RICK ENGINEERING 94795 03706 APR'23 ENGAGEMNT STRTGY PROJ EDC S. GTWY 11,089.67 Total : 11,089.67
57847 6/30/2023 00260 RIVERSIDE COUNTY FIRE DEPT 235053 FY23 3RD QTR FIRE PROTECTION SVCS 3,752,860.85 Total : 3,752,860.85
57848 6/30/2023 00962 RUTAN & TUCKER, LLP 957368 MAR'23 CITY LEGAL SVCS 12,096.00 9,195.50APR'23 CITY LEGAL SVCS959145
Total : 21,291.50
57849 6/30/2023 02427 S GRONER ASSOCIATES, INC. 3133 04117 OCT'22-JAN'23 SB 1383 CONSULTANT SERVICE 2,125.00 Total : 2,125.00
57850 6/30/2023 01923 SAFETY COMPLIANCE COMPANY 223160 04269 SAFETY COMPLIANCE TRAINING 250.00 Total : 250.00
57851 6/30/2023 01723 SIGNPROS GRAPHIX 6.8.23 04614 PD VEHICLE WRAPS 13,711.88 Total : 13,711.88
57852 6/30/2023 01932 SOUTHERN CALIFORNIA NEWS GROUP 0011602592 04776 NIB PUBLICATION FOR CIP 22-08 NORMANDY 2,208.20 642.80PLN LEGAL AD SVCS11605708
765.04CS LEGAL AD SVCS11606572
268.88LEGAL AD SVCS11607585
474.08CFD LEGAL SVCS11608051
Total : 4,359.00
57853 6/30/2023 02267 SOUTHSTAR ENGINEERING &, CONSULTING COMHP-018 03590 MAY'23 CIP13-03 CONSTR SVCS HOLLAND RD O 266,213.15 Total : 266,213.15
57854 6/30/2023 01845 SPEAKWRITE LLC B4D67BA5 04751 PD DICTATION SERVICES 2,206.80 Total : 2,206.80
57855 6/30/2023 01236 SPICER CONSULTING GROUP LLC 1350 04016 PLN ON-CALL FISCAL REVIEW IMPACT SERVICE 2,437.50 5Page:
Item Title: 10.2
Warrant Register
Item Page Number: 6
Menifee Mayor and City Council
August 2, 2023
Page
24 of 729
06/28/2023
Voucher List
City of Menifee
6 4:32:57PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 57855 6/30/2023 (Continued)01236 SPICER CONSULTING GROUP LLC 04016 1,755.00PLN ON-CALL FISCAL REVIEW IMPACT SERVICE1351 Total : 4,192.50
57856 6/30/2023 02338 TERRYBERRY COMPANY, LLC. P03482 HR SUPPLIES 71.78 Total : 71.78
57857 6/30/2023 02665 THE CARY COMPANY INV297319 04765 P/W EQUIP PURCHASE 7,660.96 Total : 7,660.96
57858 6/30/2023 02602 THIRD STAGE CONSULTING GROUP,, LLC 6633 04579 CIP 23-14: ERP PROJECT IMPLEMENTATION PR 1,802.01 Total : 1,802.01
57859 6/30/2023 02034 TR DESIGN GROUP INC. 4728 02975 CIP 21-03 STATION#68 IMPROVEMENTS PROJ 2,842.00 Total : 2,842.00
57860 6/30/2023 01250 VULCAN MATERIALS COMPANY 73676970 P/W MATERIALS/SUPPLIES 206.08 Total : 206.08
57861 6/30/2023 00504 WALLACE & ASSOCIATES 17531 03873 MAY'23 CIP 21-04 CONSTR MGMT/INSPCTN SVC 35,205.63 Total : 35,205.63
57862 6/30/2023 00298 WEX BANK 89736440 MAY'23 CITY VEHICLE FUEL & MAINT CHARGES 51,847.67 Total : 51,847.67
57863 6/30/2023 01524 WRIGHT SEPTIC 40099 FIRESTATION #5 FACILITY MAINT 380.00 Total : 380.00
57864 6/30/2023 01281 2THRIVE MEDIA LLC 6702 CS EVENT SUPPLIES 694.66 Total : 694.66
57865 6/30/2023 01044 ADAM HALL'S NURSERY, INC. 13460 ZONE 38 PLANTING 1,155.62 Total : 1,155.62
57866 6/30/2023 01914 ALCO TARGET COMPANY 71761 PD MATERIAL & SUPPLIES 770.01 Total : 770.01
57867 6/30/2023 02036 AMERICAN LEGAL PUBLISHING CORP 25170 04730 APRIL 2023 S-12 EDITING 3,042.90 6Page:
Item Title: 10.2
Warrant Register
Item Page Number: 7
Menifee Mayor and City Council
August 2, 2023
Page
25 of 729
06/28/2023
Voucher List
City of Menifee
7 4:32:57PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 3,042.90 57867 6/30/2023 02036 02036 AMERICAN LEGAL PUBLISHING CORP 57868 6/30/2023 01948 APPLEONE EMPLOYMENT SERVICES 1-6647814 PE 5/27/23 TEMP EMP SVCS 557.00 Total : 557.00
57869 6/30/2023 02387 ARDURRA GROUP, INC. 16182 04697 MAY'22 PMP22-01 LBR COMPL SVCS 1,973.00 Total : 1,973.00
57870 6/30/2023 02136 B&H FOTO & ELECTRONICS CORP 213754399 B&H GO SOFT CASE F/DJI (GIS) 203.09 Total : 203.09
57871 6/30/2023 01098 CAL TRUE VALUE 5106/1 CFD FACILITY MAINT 31.31
15.65CS PARKS SUPPLIES5107/1
3.90PARKS SMALL TOOLS / FIELD EQUIP5113/1
65.96P/W ROAD STRIPING AND MARKING5123/1
4.20CS PARKS SUPPLIES5125/1
39.14CS PARKS SUPPLIES5127/1
52.23CSA 145 FACILITY MAINT5129/1
11.82CSA 145 FACILITY MAINT5130/1
8.11MATERIALS / SUPPLIES5132/1
20.52CS & P/W SUPPLIES5134/1
65.90CS IRRIGATION SUPPLIES5140/1
14.81CS IRRIGATION SUPPLIES5142/1
Total : 333.55
57872 6/30/2023 01612 CAZCOM, INC 40541 04740 PD HT RADIO BATTERIES 5,388.97 Total : 5,388.97
57873 6/30/2023 01397 CHARTERS, KAYLA 23-098 T&T CLM KAYLA C. SELECT USA CONFERENCE / 635.54 Total : 635.54
57874 6/30/2023 02195 CINTAS CORPORATION NO. 2 5154330335 CINTAS FIRST AID KIT MAINTENANCE 37.84
62.97CINTAS REPLENISHMENT5161051220
54.80CINTAS REPLENISHMENT5161051241
114.76CINTAS REPLENISHMENT5161051268
340.74CINTAS FIRST AID KIT MAINTENANCE5161051285
581.81CINTAS FIRST AID KIT MAINTENANCE9225924979
232.73CINTAS FIRST AID KIT MAINTENANCE9225952421
7Page:
Item Title: 10.2
Warrant Register
Item Page Number: 8
Menifee Mayor and City Council
August 2, 2023
Page
26 of 729
06/28/2023
Voucher List
City of Menifee
8 4:32:57PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 57874 6/30/2023 (Continued)02195 CINTAS CORPORATION NO. 2 04434 116.36CINTAS FIRST AID KIT MAINTENANCE9225956725 349.09CINTAS FIRST AID KIT MAINTENANCE9225958486
232.73CINTAS FIRST AID KIT MAINTENANCE9225958670
Total : 2,123.83
57875 6/30/2023 02426 CONSTRUCTION H, INC. 2 CIP 21-18 LYLE MARSH PARK PERMANENT REST 89,206.23 04184
Total : 89,206.23
57876 6/30/2023 02494 CT&T CONCRETE PAVING INC CT6405 04399 CIP 22-20-21 SUN CITY/LAZY CREEK PEDESTR 178,804.82 04399 11,876.43APR'23 CIP 22-20-21 SUN CITY/LAZY CREEKCT6419 Total : 190,681.25
57877 6/30/2023 02275 CUTTING EDGE SUPPLY 15613 PW EQUIP MAINT 1,052.16 Total : 1,052.16
57878 6/30/2023 01555 DMC 17213 04081 FY23 AS NEEDED DOCUMENT SCANNING SERVICE 3,045.74 Total : 3,045.74
57879 6/30/2023 01772 DUNN-EDWARDS CORPORATION 2191060001 P/W FACILITY MAINT 158.97 Total : 158.97
57880 6/30/2023 00161 EASTERN MUNICIPAL WATER DIST. 500072542 6/19/23 JUN'23 LLMD ZONE 3 WATER SVCS 645.72 447.90JUN'23 LLMD ZONE 3 WATER SVCS500072544 6/19/23
245.86JUN'23 HAUN RD WATER SVC500075900 6/19/23
353.91JUN'23 LA PIEDRA/SHERMAN IRRIGATION WATE500076722 6/19/23 2,789.21JUN'23 AMR SPORTS PARK IRRIGATION500076871 6/21/23 554.18JUN'23 AMR ROW IRRIGATION SVCS500077650 6/19/23
288.53JUN'23 AMR ROW WATER SVCS500077903 6/19/23
314.34JUN'23 AMR ROW WATER SVCS500077904 6/19/23
780.67JUN'23 AMR ROW WATER SVCS500077905 6/19/23
257.17JUN'23 TOWN CENTER ROW WATER SVCS500079025 6/19/23 112.39JUN'23 TOWN CENTER ROW WATER SVCS500079028 6/19/23
83.72JUN'23 TOWN CENTER ROW WATER SVCS500079032 6/19/23 132.28JUN'23 AMR WATER SVCS500079481 6/19/23
4,453.62JUN'23 HIDDEN HILLS PARK WATER SVCS500082800 6/19/23 8Page:
Item Title: 10.2
Warrant Register
Item Page Number: 9
Menifee Mayor and City Council
August 2, 2023
Page
27 of 729
06/28/2023
Voucher List
City of Menifee
9 4:32:57PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 57880 6/30/2023 (Continued)00161 EASTERN MUNICIPAL WATER DIST. 548.00JUN'23 AMR CREEK VIEW IRRIGATION WATER S500084766 6/19/23 771.62JUN'23 AMR SILVERSTAR IRRIGATION WATER S500085671 6/19/23 975.18JUN'23 AMR ROW WATER SVCS500086136 6/19/23
538.95JUN'23 AMR ROW WATER SVCS500086142 6/19/23
119.38JUN'23 AMR ROW WATER SVCS500086143 6/19/23
127.42JUN'23 TOWN CENTER ROW WATER SVCS500086213 6/19/23
87.28JUN'23 TOWN CENTER ROW WATER SVCS500086214 6/19/23 988.33JUN'23 CENTRAL PARK IRRIGATION SVCS500086861 6/19/23
62.04JUN'23 TOWN CENTER WATER SVCS500086865 6/19/23
67.90JUN'23 AMR ROW WATER SVCS500087090 6/19/23
64.34JUN'23 AMR ROW WATER SVCS500087091 6/19/23
22.77JUN'23 AMR ROW WATER SVCS500087092 6/19/23
630.15JUN'23 MR ROW WATER SVCS500087515 6/19/23
239.79JUN'23 CENTENNIAL PARK IRRIGATION WATER500087647 6/19/23 220.59JUN'23 CFD 2015-2 ANNEXATION 28 ZONE 28500089384 6/19/23
22.77JUN'23 CFD2015-1 ANNEXATION 20 ZONE 21 W500242567 6/19/23
27.07JUN'23 CFD2015-1 ANNEXATION 20 ZONE 21 W500304117 6/19/23 420.42JUN'23 SUNSET PARK WATER SVCS500304207 6/19/23
367.38MAY'23 AMR ROW WATER SVCS500525147 6/19/23
Total : 17,760.88
57881 6/30/2023 02297 EPD SOLUTIONS, INC. 8931 04411 FEB'23 CQA22-022 PLN SVCS ARES WAREHOUSE 4,500.00 04411 18,670.50JAN,MAR, APR'23 CQA22-022 PLN SVCS ARES9300 Total : 23,170.50
57882 6/30/2023 01142 FRONTIER CALIFORNIA INC. 3101500013 6/6/23 JUN'23 CITY HALL IP CIRCUIT (MAIN) 444.89 566.58JUN'23 PD FIOS SVCS3231609666 6/7/23
990.00MAY'23 LAZY CREEK DIA SERVICE9511970820 6/7/23
777.43JUN'23 PW YARD FIOS SVCS9516792323 6/6/23
159.99MAY'23 IT SATELLITE OFFICE FIOS INTERNET9517238930 6/14/23 Total : 2,938.89
57883 6/30/2023 02692 GO LAW ENFORCEMENT LLC A7AA7CD1-0001 HR JOB POSTING SVCS 240.00 Total : 240.00
57884 6/30/2023 01396 GONZALEZ, GINA 23-095 T&T CLM GINA G. ICSC EDUCATIONAL SEMINAR 172.50 9Page:
Item Title: 10.2
Warrant Register
Item Page Number: 10
Menifee Mayor and City Council
August 2, 2023
Page
28 of 729
06/28/2023
Voucher List
City of Menifee
10 4:32:57PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 57884 6/30/2023 (Continued)01396 GONZALEZ, GINA
554.55T&T CLM GINA G. SITE SELECTORS GUILD SEM23-102
Total : 727.05
57885 6/30/2023 01157 HABITAT FOR HUMANITY, INLAND 123062623P 04402 FY23 CDBG SVCS HABITAT FOR HUMANITY #1 10,335.00 Total : 10,335.00
57886 6/30/2023 00274 HINDERLITER DELLAMAS & ASSOC. SIN029064 04393 APR-JUN'23 SALES TAX CONTRACT & AUDIT SE 718.09 Total : 718.09
57887 6/30/2023 01419 HMR&R SERVICES INC 10795 04771 MINOR HOME REHABILITATION GRANT PROGRAM 15,658.00 Total : 15,658.00
57888 6/30/2023 01734 HOME DEPOT CREDIT SERVICES 1051656 FIRE STATION MAINT 1,054.78 179.34FIRE STATION MAINT3541905
64.46P/W FACILITY MAINT5014579
Total : 1,298.58
57889 6/30/2023 00548 IMPACT PROMOTIONAL PRODUCTS 30565 EXECUTIVE DEPT EMP SHIRTS 160.95 Total : 160.95
57890 6/30/2023 02566 IMPERIAL SPRINKLER SUPPLY 10991620-003 CS IRRIGATION SUPPLIES 694.76 612.04LLMD ZONE 3 IRRIGATION SUPPLIES11252448-002
23.26CS IRRIGATION SUPPLIES11368960-001
539.51CSA 145 FACILITY MAINT11378481-001
305.16CS FACILITIES MAINT11388097-001
369.79CS IRRIGATION SUPPLIES11410398-001
308.94LA LADERA PARK IRRIGATION SUPPLIES11416900-001
1,218.71AMR IRRIGATION SUPPLIES11417356-001
181.17CS IRRIGATION SUPPLIES11436772-001
Total : 4,253.34
57891 6/30/2023 02145 INLAND EMPIRE MAGAZINE INVCOM723 04781 AD PLACEMENT 3,595.00 Total : 3,595.00
57892 6/30/2023 01077 INLAND LIGHTING SUPPLIES, INC 276406 04643 AMR POLE REPLACEMENTS 2,648.06 Total : 2,648.06
10Page:
Item Title: 10.2
Warrant Register
Item Page Number: 11
Menifee Mayor and City Council
August 2, 2023
Page
29 of 729
06/28/2023
Voucher List
City of Menifee
11 4:32:57PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 57893 6/30/2023 01177 LAUTZENHISER'S STATIONERY 13005 CITY CLERK MINUTE BOOKS 1,723.61 Total : 1,723.61
57894 6/30/2023 01891 MATTHEW FAGAN CONSULTING, INC 11 03806 03806 MAY-JUN'23 CQA22-002 3CEQA REVIEW SVCS G 1,300.00 04085 2,697.50MAY'23 PLN CEQA REVIEW SVCS UNITED CARPO7 04085 04170 247.50JUN'23 CQA22-015 PLN VILLAGIO APT PROJ7 04170 03950 1,500.00JAN'23 PLN CEQA REVIEW SVCS8 03950
Total : 5,745.00
57895 6/30/2023 01477 MICHELLE'S PLACE 124062623P 04404 FY23 CDBG SVCS MICHELLE'S PLACE #1 4,968.00 Total : 4,968.00
57896 6/30/2023 02691 MILLOY, DANIELLA 23-100 T&T CLM DANIELLA M. ICSC EDUCATIONAL SEM 172.50 294.60T&T CLM DANIELLA M. SITE SELECTORS GUILD23-101
Total : 467.10
57897 6/30/2023 00474 CHAREMON DIGNADICE 099060723R DEPOSIT REFUND FOR KCSC PALM ROOM RESERV 200.00 Total : 200.00
57898 6/30/2023 00474 RYAN LIVELY 108060823R DEPOSIT REFUND FOR LAZY CREEK FACILITY 200.00 Total : 200.00
57899 6/30/2023 00474 CARINA CARDENAS 117061423R DEPOSIT REFUND FOR LAZY CREEK FACILITY 200.00 Total : 200.00
57900 6/30/2023 00474 ALEJANDRA SANCHEZ 104060623R DEPOSIT REFUND KCSC PALM ROOM RESERVATIO 190.00 Total : 190.00
57901 6/30/2023 00474 CHARLES SANDERS 109060223R DEPOSIT REFUND FOR KCSC PALM ROOM RESERV 190.00 Total : 190.00
57902 6/30/2023 00474 ESTRADA FAMILY CHILD CARE 118061923R REFUND INCORRECT BUSINESS LICENSE CHARGE 102.00 Total : 102.00
57903 6/30/2023 00474 DIVINE KOKLICH 097041923R DEPOSIT REFUND FOR KCSC PALM ROOM 100.00 Total : 100.00
57904 6/30/2023 00474 DALLAL HARB 103060723R DEPOSIT REFUND NORTH ANNEX ROOM RESERVAT 100.00 11Page:
Item Title: 10.2
Warrant Register
Item Page Number: 12
Menifee Mayor and City Council
August 2, 2023
Page
30 of 729
06/28/2023
Voucher List
City of Menifee
12 4:32:57PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 100.00 57904 6/30/2023 00474 00474 DALLAL HARB 57905 6/30/2023 00474 ERIC RUDD 116061323R DEPOSIT REFUND NORTH ANNEX ROOM RENTAL 100.00 Total : 100.00
57906 6/30/2023 01605 MOBILE MODULAR MANAGEMENT CORP 301110811 MOBILE MODULAR RENTAL 123.11 Total : 123.11
57907 6/30/2023 02515 NARCISSE, AARON 23-084-1 T&T ADVC AARON N. CPRS PLAYGROUND / SAFE 223.00 Total : 223.00
57908 6/30/2023 02649 ORANGE COAST TITLE COMPANY 140-2367311-20_4 04718 CS SALT CREEK TRAIL FEASIBILITY STUDY 1,500.00 04718 2,250.00CS SALT CREEK TRAIL FEASIBILITY STUDY140-2367318-20_3 Total : 3,750.00
57909 6/30/2023 01096 PAPER RECYCLING & SHREDDING, SPECIALISTS INC.546988 CITY HALL DOC SHREDDING SVCS MAY'23 115.00 Total : 115.00
57910 6/30/2023 02693 PECH, GUSTAVO 23-084-2 T&T ADV GUSTAVO P. CPRS PLAYGROUND / SAF 223.00 Total : 223.00
57911 6/30/2023 01886 PECHANGA BAND OF LUISENO, MISSION INDIANS19467 04466 MAY'23 CIP 13-03 EXCAVATION/GRADING SVCS 5,747.80 Total : 5,747.80
57912 6/30/2023 02311 PROMO SHOP, INC. 244067 04350 CUSTOM APPAREL SERVICES (PROMO SHOP, INC 5,850.60 Total : 5,850.60
57913 6/30/2023 01065 PRUDENTIAL OVERALL SUPPLY 23504593 P/W UNIFORMS 252.08 Total : 252.08
57914 6/30/2023 00006 R&R BUSINESS SOLUTIONS 9002 PRINTING SVCS 138.66 830.31PRINTING SVCS9011
Total : 968.97
57915 6/30/2023 01491 RINCON CONSULTANTS, INC 48703 04527 MAY'23 CQA22-023 PLN REVIEW SVCS CYPRESS 6,449.00 Total : 6,449.00
57916 6/30/2023 00490 RIVERSIDE COUNTY, RIVERSIDE SHERIFF'S DEPT.SH0000041638 RMS/CLETS BILLING FY 22 52,385.00 12Page:
Item Title: 10.2
Warrant Register
Item Page Number: 13
Menifee Mayor and City Council
August 2, 2023
Page
31 of 729
06/28/2023
Voucher List
City of Menifee
13 4:32:57PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 52,385.00 57916 6/30/2023 00490 00490 RIVERSIDE COUNTY, RIVERSIDE SHERIFF'S DEPT. 57917 6/30/2023 00850 SOBOBA BAND OF LUISENO INDIANS SI000018 04465 APR'23 CIP13-03 EXCAVATION/GRADING SVC 4,812.75 Total : 4,812.75
57918 6/30/2023 00046 SOUTHERN CALIFORNIA EDISON 700021216873 6/20/23 JUN'23 CSA 145 IRRIGATION SVCS 1,810.47
58.70MAY'23 LLMD ZONE 167 SIGNAL SVCS700247913957 6/7/23 118.81JUN'23 DERBY HILL TC-1 SIGNAL SVCS700275721130 6/19/23
65.04JUN'23 DERBY HILL TC-1 SIGNAL SVC700275763768 6/19/23
96.22JUN'23 AMR STREET TRAFFIC SIGNAL SVCS700290354992 6/19/23
36.09JUN'23 AMR STREET TRAFFIC SIGNAL SVCS700290425017 6/19/23 196.95JUN'23 NEWPORT RD/ AMR CFD 2012-1 SGNL S700318765585 6/20/23 581.97JUN'23 AMR STREET LIGHT SVCS700344343273 6/23/23
408.46MAY'23 CFD 2017-1 STREET LIGHT / IRRIGAT700354571622 6/22/23 4,543.34JUN'23 CENTENNIAL PARK ELECTRIC SVCS700381274106 6/21/23 4,366.08JUN'23 AMR SPORTS PARK ELECTRIC SVCS700600041741 6/19/23
62.47MAY'23 CFD 2015-2 ANNEX #7, ZONE 8 IRRIG700753351251 6/19/23 Total : 12,344.60
57919 6/30/2023 00098 SOUTHERN CALIFORNIA GAS, COMPANY 06482583348 6/23/23 JUN'23 WEST ANNEX/SENIOR CTR GAS SVCS 14.79 128.55JUN'23 NORTH ANNEX GAS SVCS06902583878 6/23/23
15.78JUN'23 CHERRY HILLS GAS SVCS4592559506 6/22/23
32.89JUN'23 PW YARD GAS SVCS7102395139 6/22/23
Total : 192.01
57920 6/30/2023 00283 STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE662988 MAY'23 FINGER PRINT SVCS 490.00 Total : 490.00
57921 6/30/2023 01010 STC TRAFFIC, INC. 6087 04277 APR'23 ENG PLAN CHECK SVCS 1,820.00 190.00APR'23 CIP21-04 TRFFC PLN CHECK/CONST SU6088
370.00APR'23 CIP22-03 TRFFC PLN CHECK/CONST SU6089
645.00APR'23 CIP21-07 TRFFC PLN CHECK/CONST SU6090
04663 190.00APR'23 CIP22-15 TRFFC PLN CHECK/CONST SU6091 Total : 3,215.00
57922 6/30/2023 01053 SUN CITY HARDWARE 6726777 5/3123 CS/PW SUPPLIES 881.40 Total : 881.40
13Page:
Item Title: 10.2
Warrant Register
Item Page Number: 14
Menifee Mayor and City Council
August 2, 2023
Page
32 of 729
06/28/2023
Voucher List
City of Menifee
14 4:32:57PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 57923 6/30/2023 01802 SYMBOLARTS,LLC 0465570 PD MERIT PINS 155.94 Total : 155.94
57924 6/30/2023 01683 TOMMY'S EXPRESS CARWASH MAY 1, 2023 MAY'23 VEHICLE MAINTENANCE 301.00 1,225.00MAY'23 PD VEHICLE MAINTENANCEMAY 1, 2023 PD
Total : 1,526.00
57925 6/30/2023 02127 TRI-TECH FORENSICS, INC 707782 PD EQUIPMENT 843.95 Total : 843.95
57926 6/30/2023 00054 TYLER TECHNOLOGIES, INC, EDEN SYSTEMS DIVISION45-420618 04556 ENTERPRISE RESOURCE PLANNING (ERP) FINAN 3,200.00 04556 3,200.00ENTERPRISE RESOURCE PLANNING (ERP) FINAN45-426617 Total : 6,400.00
57927 6/30/2023 01083 UNITED RENTALS 220310105-001 FIRE STATION #7 RENTAL 662.20 Total : 662.20
57928 6/30/2023 00189 VERIZON WIRELESS 9936188520 MAY'23 CITY MOBILE DEVICE CHARGES 12,293.99 Total : 12,293.99
57929 6/30/2023 01399 VILLA, ARMANDO 23-082 EXP CLM ARMANDO V. STATE WATER PRJ WITH 67.00 Total : 67.00
57930 6/30/2023 02051 WORLDPAC INC 73982767 PD VEHICLE MAINTENANCE 16.66
57.85PD VEHICLE MAINTENANCE73994701
329.30PD VEHICLE MAINTENANCE74024704
Total : 403.81
Bank total : 5,475,750.78 126 Vouchers for bank code : uboc 5,475,750.78Total vouchers :Vouchers in this report 126 14Page:
Item Title: 10.2
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Item Page Number: 15
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Voucher List
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1 7:52:08AM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 57931 6/30/2023 01503 ETIENNE, ANN-MARIE 141062923P PD PETTY CASH REIMB PE 6/30/2023 213.34 Total : 213.34
57932 6/30/2023 01503 ETIENNE, ANN-MARIE 130062623P PETTY CASH REIMB PE 6/30/2023 107.85 Total : 107.85
Bank total : 321.19 2 Vouchers for bank code : uboc
321.19Total vouchers :Vouchers in this report 2
1Page:
Item Title: 10.2
Warrant Register
Item Page Number: 16
Menifee Mayor and City Council
August 2, 2023
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Voucher List
City of Menifee
1 2:49:37PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 57933 7/7/2023 00748 4IMPRINT, INC. 11369370 CS PROMO MATERIALS 519.53 Total : 519.53
57934 7/7/2023 01252 AMAZON CAPITAL SERVICES, INC. 113L-WYH4-WNWK CS VEHICLE MAINTENANCE 29.30
63.66PD VEHICLE MAINTENANCE1CCK-1MTR-4CYH
158.73CS SOLID WASTE SUPPLIES1F9C-FG7K-CJHF
260.96CITY HALL MATERIALS/SUPPLIES1GQP-DKKR-R4J4
279.93CS CULTURAL ARTS SUPPLIES1JQW-1X7T-WV4G
76.11CS PARK SUPPLIES1K4J-LJRX-V63X
180.07CS OFFICE SUPPLIES1KXY-CD1W-CTKP
139.16FACILITY MAINT SUPPLIES1MQX-XNGG-4CTG
205.44PD OFFICE SUPPLIES1N6Y-DPFX-4QVR
33.36FIRE FACILITY MAINTENANCE1N9T-VHT9-33RL
68.50CS LAZY CREEK SUPPLIES1NXX-9JFV-9JJH
186.96CS PLOTTER PAPER1NXX-9JFV-9TDH
1,106.52IT EQUIPMENT FOR PD1T7L-616D-1QDC
500.08CSA 145 FACILITY MAINTENANCE1T7L-616D-HHQV
222.35CS SPECIAL EVENT SUPPLIES1VVV-KNDY-76KX
Total : 3,511.13
57935 7/7/2023 00123 AMBER MANAGEMENT, LLC 3-72023 JUL'23 CITY HALL EXTRA OFFICE SPACE MNTH 5,197.19 Total : 5,197.19
57936 7/7/2023 02588 APTIM ENVIRONMENTAL &, INFRASTRUCTURE, LLC596509 04559 MAY'23 BUSINESS ASSISTANCE SVCS 1,935.00 Total : 1,935.00
57937 7/7/2023 02605 CUSA EDUCATION LLC 135062823P JUN'23 CS INSTRUCTOR PMT 1,142.40 Total : 1,142.40
57938 7/7/2023 00272 DIAMOND ENVIRONMENTAL SVC 4727284 PUMP TRACK RESTROOM RENTAL 533.97 Total : 533.97
57939 7/7/2023 02197 ELEPHANT FIRE EXTINGUISHER, SERVICE 712-2260 CS FIRE EXTINGUISHER MOVIES IN THE PARK 130.00 Total : 130.00
57940 7/7/2023 02503 ENERGAGE, LLC 5059 04508 MAR'23 TOP WORKPLACE SURVEY RESULTS PRES 1,383.15 1Page:
Item Title: 10.2
Warrant Register
Item Page Number: 17
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Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 1,383.15 57940 7/7/2023 02503 02503 ENERGAGE, LLC 57941 7/7/2023 00139 GHA TECHNOLOGIES INC 11307374 04691 APPLE CARE EXTENDED SERV AGREEMENT 188.41 04394 2,610.00HPE SERVERS, NETWORK SWITCHES, AND A NIM11307375 Total : 2,798.41
57942 7/7/2023 02129 GRACIELA VERDUZCO JUL'23 JUL'23 PD SUBSTATION LEASE 2,213.00 Total : 2,213.00
57943 7/7/2023 02305 HANDIWORK, LLC 136062823P COMM SVCS INSTRUCTOR PMT JUN'23 180.60 Total : 180.60
57944 7/7/2023 02411 JCOS DEVELOPMENT, INC. 7 04053 APR'23 CIP 21-03 FIRE STATION 68 IMPRVMN 70,537.50 Total : 70,537.50
57945 7/7/2023 01296 JUST BLING PERFORMING ARTS 137060123P COMM SVCS INSTRUCTOR PMT JUN'23 686.40 Total : 686.40
57946 7/7/2023 01570 KTU+A 35044 03809 MAY'23 PARKS MASTER PLAN UPDATE 1,580.00 Total : 1,580.00
57947 7/7/2023 01031 MENIFEE VALLEY TAEKWONDO, ACADEMY 138062823P COMM SVCS INSTRUCTOR PMT JUN'23 2,875.68 Total : 2,875.68
57948 7/7/2023 01163 PRESTIGE GOLF CARS 1-161862 04625 GOLF CARTS FOR TRANSPORTATION FOR THE IN 2,132.57 Total : 2,132.57
57949 7/7/2023 00252 PURCHASE POWER 0528-2038 JUN'23 JUN'23 POSTAGE REFILL 3,300.00 Total : 3,300.00
57950 7/7/2023 01497 QUINN RENTAL SERVICES 25286601 CS RENTAL FOR MOONLIGHT MARKET 649.63 Total : 649.63
57951 7/7/2023 01869 RSM DESIGN 24428 04790 ON-CALL ARCHITECTURAL GRAPHIC DESIGN SER 2,050.00 Total : 2,050.00
57952 7/7/2023 00962 RUTAN & TUCKER, LLP 953684 JAN'23 CITY LEGAL SVCS 22,986.00 Total : 22,986.00
2Page:
Item Title: 10.2
Warrant Register
Item Page Number: 18
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August 2, 2023
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Voucher List
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Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 57953 7/7/2023 01674 SSD ALARM S-01104076 P/W FACILITY MAINT 189.00 Total : 189.00
57954 7/7/2023 02284 TELECOM LAW FIRM, PC 14954 WIRELESS PEER REVIEW SERVICES 560.80 Total : 560.80
57955 7/7/2023 02338 TERRYBERRY COMPANY, LLC. P05403 HR SUPPLIES 143.10
91.75HR SUPPLIESP06183
Total : 234.85
57956 7/7/2023 01028 THE RIDING ACADEMY 140062823P JUN'23 CS INSTRUCTOR PMT 441.00 Total : 441.00
57957 7/7/2023 02213 U.S. BANK NA 13793040 MAY'23 ACCT MGMT SVCS 316.00 Total : 316.00
57958 7/7/2023 00555 ADAME LANDSCAPING, INC. 99105 04177 JUN'23 PARK MAINT SERVICES 45,648.41 Total : 45,648.41
57959 7/7/2023 00744 ALLIED TRAFFIC & EQUIP. RENTAL 90064 04766 SIGN MAINTENANCE AND REPLACEMENT 3,229.88 228.38P/W SIGN MAINTENANCE & REPLACEMENT90138
Total : 3,458.26
57960 7/7/2023 01203 BALLET FOLKLORICO, LORENA HANCOCK 131062823P COMM SVCS INSTRUCTOR PMT JUN'23 1,558.20 Total : 1,558.20
57961 7/7/2023 01746 BAY AREA DRIVING SCHOOL, INC 132062823P COMM SVCS INSTRUCTOR PMT JUN'23 242.20 Total : 242.20
57962 7/7/2023 01975 BIGFOOT GRAPHICS 133062823P COMM SVCS INSTRUCTOR PMT JUN'23 1,605.98 Total : 1,605.98
57963 7/7/2023 02658 BODIES IN MOTION FITNESS, AND WELLNESS 134062823P JUN'23 CS INSTRUCTOR PMT 126.00 Total : 126.00
57964 7/7/2023 01098 CAL TRUE VALUE 5144/1 P/W ROAD STRIPING AND MARKING 2.91
15.03CFD IRRIGATION SUPPLIES5148/1
359.15CS PARKS SUPPLIES5152/1
3Page:
Item Title: 10.2
Warrant Register
Item Page Number: 19
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August 2, 2023
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Voucher List
City of Menifee
4 2:49:37PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 57964 7/7/2023 (Continued)01098 CAL TRUE VALUE
20.54PARKS SUPPLIES5158/1
6.84CSA 145 FACILITY MAINT5159/1
50.84CSA 145 FACILITY MAINT5160/1
18.65PARKS SUPPLIES5163/1
Total : 473.96
57965 7/7/2023 00686 CALTRANS SL230849 JAN-MAR'23 CITY SIGNAL/LIGHT SVCS 6,734.95 Total : 6,734.95
57966 7/7/2023 02195 CINTAS CORPORATION NO. 2 5164072123 CINTAS REPLENISHMENT 239.48 503.20CINTAS REPLENISHMENT5164072145
21.58CINTAS REPLENISHMENT5164072147
80.57CINTAS REPLENISHMENT5164072182
581.81CINTAS FIRST AID KIT MAINTENANCE9221810524
04434 232.73CINTAS FIRST AID KIT MAINTENANCE9221840034 349.09CINTAS REPLENISHMENT9221846415
Total : 2,008.46
57967 7/7/2023 01107 COUNTY OF RIVERSIDE EMD Est_CoM_040723 04676 CERT TRAINING CLASSES 3,680.03 Total : 3,680.03
57968 7/7/2023 01722 CPS HR CONSULTING 10021 04012 MAY'23 HR CUSTOMER SVC PLAN 900.00 Total : 900.00
57969 7/7/2023 02275 CUTTING EDGE SUPPLY 11503 PW EQUIPMENT MAINTENANCE 1,052.16 Total : 1,052.16
57970 7/7/2023 01042 FISHER WIRELESS SERVICES, INC 081347 JUN'23 CITY RADIO CHARGES 232.56 Total : 232.56
57971 7/7/2023 01142 FRONTIER CALIFORNIA INC. 2131666081 6/16/23 JUN'23 WEST ANNEX FIOS SVC 290.98 300.98JUL'23 SPIRIT PARK FIOS3100109929 6/19/23
990.00JUL'23 PD FIOS SVCS9511970485 6/28/23
217.49JUL'23 911 ANALOG BACKUP LINES FOR KCSC9516796259 6/16/23 438.27JUL'23 CITY HALL ROLLOVER LINES SVC9516798527 6/19/23 Total : 2,237.72
4Page:
Item Title: 10.2
Warrant Register
Item Page Number: 20
Menifee Mayor and City Council
August 2, 2023
Page
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07/07/2023
Voucher List
City of Menifee
5 2:49:37PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 57972 7/7/2023 02696 HAESSLY, KOHL 23-103 T&T ADV KOHL H. ESRI USER CONF 2023 481.29 Total : 481.29
57973 7/7/2023 00650 HDL SOFTWARE, LLC SIN029206 04666 APR'23 PAYMENT SERVICE FEES - MONTHLY BI 203.27 Total : 203.27
57974 7/7/2023 00548 IMPACT PROMOTIONAL PRODUCTS 30355 SPECIAL DEPT EXP 424.70
76.10CD EMPLOYEE SHIRTS30535
Total : 500.80
57975 7/7/2023 02566 IMPERIAL SPRINKLER SUPPLY 11252866-002 LA LADERA PARK IRRIGATION SUPPLIES 502.94 1,129.80FACILITIES MAINT11283018-001
568.74SMALL TOOLS/FIELD EQUIP11416061-001
155.30LLMD ZONE 3 IRRIGATION SUPPLIES11416061-002
30.97SMALL TOOLS/FIELD EQUIP11416061-003
408.43LLMD ZONE 3 IRRIGATION SUPPLIES11457276-001
355.42CFD IRRIGATION SUPPLIES11459432-001
367.10AMR IRRIGATION SUPPLIES11471200-001
691.71CS IRRIGATION SUPPLIES11483251-001
370.18SMALL TOOLS/FIELD EQUIP11483458-001
202.93CS IRRIGATION SUPPLIES11487830-001
418.45CS IRRIGATION SUPPLIES11489728-001
105.49CS IRRIGATION SUPPLIES11495712-001
95.83CS IRRIGATION SUPPLIES11512567-001
238.84CS IRRIGATION SUPPLIES11513085-001
35.63CS IRRIGATION SUPPLIES11519881-001
49.51CS IRRIGATION SUPPLIES11533356-001
177.66SMALL TOOLS/FIELD EQUIP11534788-001
373.39SMALL TOOLS/FIELD EQUIP11538292-001
14.65CS IRRIGATION SUPPLIES11550890-001
36.61SMALL TOOLS/FIELD EQUIP11550890-002
35.98CS IRRIGATION SUPPLIES11551705-001
12.81CS IRRIGATION SUPPLIES11555550-001
789.22CS IRRIGATION SUPPLIES11562681-001
Total : 7,167.59
57976 7/7/2023 00525 LIEBERT CASSIDY WHITMORE 243423 MAY'23 CITY LEGAL SVCS 1,419.50 5Page:
Item Title: 10.2
Warrant Register
Item Page Number: 21
Menifee Mayor and City Council
August 2, 2023
Page
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07/07/2023
Voucher List
City of Menifee
6 2:49:37PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 1,419.50 57976 7/7/2023 00525 00525 LIEBERT CASSIDY WHITMORE 57977 7/7/2023 01284 MAIN STREET SIGNS 41966 SIGN MAINT AND REPLACEMENT 1,998.28 Total : 1,998.28
57978 7/7/2023 00872 MENIFEE CAR WASH COM-MAY2023 MAY'23 FLEET VEHICLE MAINT 48.19 Total : 48.19
57979 7/7/2023 00474 CONTEC CONSTRUCTION, INC. 122060723P PERFORMANCE BOND REFUND PLN21-0136 MPP 127,861.00 Total : 127,861.00
57980 7/7/2023 00474 ALEJANDRA MARES 127062323R DEPOSIT REFUND FOR LAZY CREEK FACILITY R 200.00 Total : 200.00
57981 7/7/2023 00474 JAYME MILLER 129062623R DEPOSIT REFUND KCSC PALM ROOM RESERVATIO 200.00 Total : 200.00
57982 7/7/2023 00474 NICOLE ARMENTA 125061923R REFUND FOR PALM ROOM DEPOSIT 200.00 Total : 200.00
57983 7/7/2023 00474 JAMES WESSEN 128062623R DEPOSIT REFUND FOR NORTH ANNEX ROOM RESE 100.00 Total : 100.00
57984 7/7/2023 02649 ORANGE COAST TITLE COMPANY 140-2367308-20_5 04718 CS SALT CREEK TRAIL FEASIBILITY STUDY 1,500.00 Total : 1,500.00
57985 7/7/2023 02413 PREAL, JACOB 23-104 T&T ADV JACOB P. ESRI USER CONF 2023 481.29 Total : 481.29
57986 7/7/2023 01065 PRUDENTIAL OVERALL SUPPLY 23507811 P/W UNIFORMS 238.91
38.48FLEET PROFESSIONAL SVCS23507812
Total : 277.39
57987 7/7/2023 00006 R&R BUSINESS SOLUTIONS 9001 PRINTING SVCS 232.41 Total : 232.41
57988 7/7/2023 02697 RAMOS, RAMIRO 23-105 T&T ADV RAMIRO R. ESRI USER CONF 2023 713.29 Total : 713.29
6Page:
Item Title: 10.2
Warrant Register
Item Page Number: 22
Menifee Mayor and City Council
August 2, 2023
Page
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07/07/2023
Voucher List
City of Menifee
7 2:49:37PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 57989 7/7/2023 00359 RIVERSIDE COUNTY, RECORDER 23-101837 04605 APR'23 PLN PROJ RCRD 2,814.00 04605 2,814.00APR'23 PLN PROJ RCRD23-103505
04605 50.00APR'23 PLN PROJ RCRD23-104927
04605 50.00APR'23 PLN PROJ RCRD23-105595
04605 2,814.00APR'23 PLN PROJ RCRD23-115457
50.00APR'23 PLN PROJ RCRD23-93301
240.00MAY'23 CODE ENF RELEASESMAY'23 CODE
Total : 8,832.00
57990 7/7/2023 02694 SAFEGUARD BUSINESS SYSTEMS,, INC. 9001666103 NEW US BANK SUPPLIES 128.48 Total : 128.48
57991 7/7/2023 00046 SOUTHERN CALIFORNIA EDISON 700667949522 6/26/23 JUN'23 AMR ROW ELECTRIC SVCS 3.50 Total : 3.50
57992 7/7/2023 01010 STC TRAFFIC, INC. 6027 04277 MAR'23 ENG PLAN CHECK SVCS 9,050.00 Total : 9,050.00
57993 7/7/2023 02085 TALALAY TENNIS 139062823P COMM SVCS INSTRUCTOR PMT JUN'23 633.60 Total : 633.60
57994 7/7/2023 01085 THE SHERWIN-WILLIAMS CO 4979-2 FACILITY MAINT LA LADERA PARK 212.93 Total : 212.93
57995 7/7/2023 02521 TIME WARNER CABLE 127158101062123 JUN'23 SATELLITE SVCS (VARIOUS LOCATIONS 1,082.92 Total : 1,082.92
57996 7/7/2023 00703 UEBER HAUN I, LLC 132 JUL'23 LAND LEASE PD SUBSTATION 6,022.14 Total : 6,022.14
57997 7/7/2023 01315 ULINE, INC 162806783 04777 PW FURNITURE / EQUIP 3,426.89 Total : 3,426.89
57998 7/7/2023 01425 VIDEO APPROACH 2023-022 04026 ON-CALL VIDEO PHOTOGRAPHY SERVICES FOR E 3,230.00 Total : 3,230.00
57999 7/7/2023 02051 WORLDPAC INC 74017906 PD VEHICLE MAINTENANCE 283.29 184.52PD VEHICLE MAINTENANCE74120015
7Page:
Item Title: 10.2
Warrant Register
Item Page Number: 23
Menifee Mayor and City Council
August 2, 2023
Page
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07/07/2023
Voucher List
City of Menifee
8 2:49:37PM
Page:vchlist
Bank code : uboc
Voucher Date Vendor Invoice PO # Description/Account Amount 57999 7/7/2023 (Continued)02051 WORLDPAC INC
184.52PD VEHICLE MAINTENANCE74175082
Total : 652.33
58000 7/7/2023 00474 DANIEL SALCEDO 11206123R DEPOSIT REFUND GP20-053 5,000.00 Total : 5,000.00
Bank total : 379,901.79 68 Vouchers for bank code : uboc 379,901.79Total vouchers :Vouchers in this report 68
8Page:
Item Title: 10.2
Warrant Register
Item Page Number: 24
Menifee Mayor and City Council
August 2, 2023
Page
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Date Paid by: Payee Description Amount
7/7/2023 ACH City Payroll Payroll Period 6/17/2023 - 6/30/2023 1,057,896.06$ 7/7/2023 ACH Mission Square Payroll Period 6/17/2023 - 6/30/2023 93,494.96$ TOTAL PAYROLL: 1,151,391.02$
Date Paid by: Payee Description Amount
7/3/2023 ACH OpenEdge Credit Card Processing Fees June 2023 44,492.24$ 7/3/2023 ACH Cardpointe Credit Card Processing Fees June 2023 1,707.13$ 7/6/2023 ACH CALPERS - Retirement Payroll Period 5/20/2023-6/02/2023 136,642.60$ 7/6/2023 ACH CALPERS - Retirement Payroll Period 5/20/2023-6/02/2023 86,111.33$ 7/11/2023 ACH CALPERS - Medical Jul-23 342,336.66$
TOTAL OTHER EFTs: 611,289.96$
TOTAL PAYMENTS: 1,762,680.98$
Payroll Register, Taxes and Other EFTs/Wires
City of Menifee
August 2, 2023
Item Title: 10.2
Warrant Register
Item Page Number: 25
Menifee Mayor and City Council
August 2, 2023
Page
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A/P Void Check Listing
As at 6/30/2023
Check # Date Vendor Status Clear/Void Date Invoice Inv. Date Amount Paid Check Total 56212
57771
57783
03/17/2023 02611 DEPARTMENT OF VETERAN
06/23/2023 01944 GRACIE'S LUNCHBOX
06/23/2023 00474 MISC. VENDOR
V
V
V
06/07/2023 CK REQ 2/23/23 02/23/2023
06/01/2023
06/14/2023
9,000.00
891.75
9,000.00
891.7506/30/2023 824
06/30/2023 11206123R 5,000.00 5,000.00
14,891.75
14,891.75Total Checks:
Item Title: 10.2
Warrant Register
Item Page Number: 26
Menifee Mayor and City Council
August 2, 2023
Page
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CITY OF MENIFEE
SUBJECT: Fiscal Year 2022/2023 Developer Funded California Environmental Quality Act Consultant Update
MEETING DATE: August 2, 2023
TO: Mayor and City Council
PREPARED BY: Molly Binnall, Management Analyst
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Receive and file the quarterly update on executed California Environmental Quality Act consultant contracts for Fiscal Year 2022/2023.
DISCUSSION
At the June 1, 2022, City Council meeting, Council adopted Resolution No. 22-1157 to adopt the annual budget for Fiscal Year (FY) 2022/2023, which included budget appropriations of $2,000,000 in expenditures and revenues, specific to the environmental consulting services for privately funded development projects as part of the California Environmental Quality Act (CEQA) process. On December 7, 2022, Council approved a Budget Amendment Resolution of an additional $2,500,000 in expenditures and revenues due to the anticipated high volume of development projects. Additionally, per Resolution No. 21-1073, the City Manager is authorized to execute all Professional Service Agreements (PSAs) with approved environmental firms to CEQA consulting services. At the initial part of each individual project, a PSA and developer Reimbursement Agreement is executed defining the scope of work, compensation amount, and required deposit payments from the developer.
It is important to note that all PSA costs for environmental consulting services related to private development are paid for through developer deposits, and that no PSAs will be executed prior to receiving the appropriate deposit from the applicant.
A summary of the CEQA contracts that have been executed to date are attached to this Report as previously requested by the City Council. A total of 27 contracts have been executed in FY 2022/2023, for a cumulative value of $3.45 million.
Item Title: 10.3
Fiscal Year 2022/2023 Developer Funded California Environmental Quality Act Consultant Update Item Page Number: 1
Menifee Mayor and City Council
August 2, 2023
Page
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City of Menifee Staff Report
FY 2022/2023 CEQA Consultant Update
August 2, 2023
1 6
6 8
STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
There is no fiscal impact for this item.
ATTACHMENTS
1. FY 2022/2023 CEQA Contracts
Item Title: 10.3
Fiscal Year 2022/2023 Developer Funded California Environmental Quality Act Consultant Update Item Page Number: 2
Menifee Mayor and City Council
August 2, 2023
Page
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FY 2022-2023
PROJECT NAME PROJECT TYPE CONSULTANT
FISCAL YEAR
TOTAL
CONTRACT
TOTAL
Village @ Junipero IS/MND Amendment MIG, Inc $16,500 $119,855* United Carports warehouse IS/MND Matthew Fagan Consulting, Inc $55,650 $55,650 Motte Business Center EIR Kimley-Horn & Associates, Inc $416,325 $416,325 Trumble Pit Restoration IS/MND Rincon Consultants, Inc $48,220 $48,220 TTM 38346 condos IS/MND + Amendment Michael Baker International $130,010 $130,010 Panattoni EIR Amendment Kimley-Horn & Associates, Inc $142,975 $572,865* Nova Battery Storage IS/MND Kimley-Horn & Associates, Inc $114,500 $114,500 Menifee Valley SP EIR Amendments LSA Associates, Inc $274,690 $854,754* Villagio Apts IS/MND Matthew Fagan Consulting, Inc $61,450 $61,450 Garbani South TR 37450 IS/MND Amendment Matthew Fagan Consulting, Inc $2,500 $55,825* Cypress Sands Apts IS/MND Rincon Consultants, Inc $73,072 $73,072 San Jacinto/McLaughlin warehouse EIR Dudek $296,030 $296,030 ARES warehouse EIR EPD Solutions, Inc $336,168 $336,168 Goetz & Ethanac Commercial
Center IS/MND MIG, Inc $118,333 $118,333
Compass Northern Gateway EIR Kimley-Horn & Associates, Inc $296,965 $466,565* Mapes & Sherman warehouse IS/MND Amendments FirstCarbon Solutions $34,450 $202,710* Freedom Business Park EIR LSA Associates, Inc $172,738 $172,738 Menifee Village SP IS/MND Amendment MIG, Inc $84,305 $134,705* Double Butte Storage IS/MND Dudek $80,995 $80,995
Northern Gateway Logistics Center EIR Kimley-Horn & Associates, Inc $379,764 $379,764 Coronado Condos IS/MND Michael Baker International $112,150 $112,150 Item Title: 10.3
Fiscal Year 2022/2023 Developer Funded California Environmental Quality Act Consultant Update Item Page Number: 3
Menifee Mayor and City Council
August 2, 2023
Page
47 of 729
PROJECT NAME PROJECT TYPE CONSULTANT
FISCAL YEAR
TOTAL
CONTRACT
TOTAL
Salt Creek TTM 38625 IS/MND FirstCarbon Solutions $135,530 $135,530 TTM 38651 Scott & Menifee Bio Assessment ESA $22,972 $22,972 Boulders Menifee MND Addendum LSA Associates, Inc $23,000 $23,000 Ethanac & Barnett warehouse IS/MND Amendment EPD Solutions, Inc $26,400 $192,678* Total: $3,455,692
*Denotes contract totals with funds rolled from previous fiscal years.
Item Title: 10.3
Fiscal Year 2022/2023 Developer Funded California Environmental Quality Act Consultant Update Item Page Number: 4
Menifee Mayor and City Council
August 2, 2023
Page
48 of 729
CITY OF MENIFEE
SUBJECT: Second Reading and Ordinance Adoption Amending Municipal Code Title 2, Chapter 2.20, Section 2.20.150, Appeals Procedures and Section 2.20.160, City Council
Referral back to the Planning Commission
MEETING DATE: August 2, 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.Adopt an Ordinance approving Code Amendment LR23-0097, amending Municipal Code Title 2, Chapter 2.20, Section 2.20.150, Appeal Procedures and Section 2.20.160, City Council Referral back to the Planning Commission.
DISCUSSION
At the July 19, 2023, City Council meeting, the City Council introduced the attached Ordinance approving the amendment to the Municipal Code provisions related to Appeal Procedures and City Council Referral back to the Planning Commission. Specifically, the amendment involves changes to the current 30-day time limit for holding a public hearing on appeal requests, and to the current 40-day time limit for the Council to hear back from the Planning Commission on City Council referrals to the Planning Commission.
This is the required second reading and adoption. The Ordinance will become effective 30-days after adoption.
STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
There is no additional fiscal impact.
Item Title: 10.4
Second Reading and Ordinance Adoption Amending Municipal Code Title 2, Chapter 2.20, Section
2.20.150, Appeals Procedures and Section 2.20.160, City Council Referral back to the Planning Commission Item Page Number: 1
Menifee Mayor and City Council
August 2, 2023
Page
49 of 729
City of Menifee Staff Report
Amendment to Title 2 of the Menifee Municipal Code
August 2, 2023
1 6
7 7
ATTACHMENTS
1. Ordinance
Item Title: 10.4
Second Reading and Ordinance Adoption Amending Municipal Code Title 2, Chapter 2.20, Section
2.20.150, Appeals Procedures and Section 2.20.160, City Council Referral back to the Planning Commission Item Page Number: 2
Menifee Mayor and City Council
August 2, 2023
Page
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4 7
1 0
6 ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CODE AMENDMENT LR23-0097, AMENDING THE CITY OF MENIFEE MUNICIPAL CODE TITLE 2, CHAPTER 2.20, SECTION
2.20.150, APPEAL PROCEDURES AND SECTION 2.20.160 CITY COUNCIL
REFERRAL BACK TO THE PLANNING COMMISSION
WHEREAS, on or about November 17, 2009, the City Council of the City of Menifee (“City”) adopted Ordinance 2009-36R, which repealed and readopted Chapter 2.20 to the Menifee Municipal Code, which included Section 2.20.150, Appeal Procedures and Section 2.20.160, City Council Referral Back to Planning Commission; and
WHEREAS, on or about May 18, 2010, the City of Council of City adopted Ordinance 2010-73, which amended Subsection (e) of Section 2.20.150, Appeal Procedures, of the Menifee Municipal Code; and
WHEREAS, since the readoption of Ordinance 2009-36R, and amendment to Section
2.20.150 of the Menifee Municipal Code, on May 30, 2023, the City of Menifee initiated Code Amendment LR 23-0097 to amend Municipal Code Chapter 2.20, Section 2.20.150, Appeal Procedures and Section 2.20.160, City Council Referral Back to Planning Commission; and WHEREAS, the City occasionally receives appeal requests upon which City staff is required to review, evaluate, research, analyze, and provide recommendation on such requests, including preparation of a staff report and legal notice of public hearing, which depending on level of complexity, may involve substantial time and effort to prepare; and WHEREAS, Section 2.20.150, Appeal Procedures of the Menifee Municipal Code provides that the Planning Commission or City Council shall conduct a public hearing on the appeal within 30 days from the date of receipt of the appeal; and WHEREAS, 30 days is insufficient time for staff to adequately process an appeal request and meet established City Council staff report submission deadlines of approximately 3.5 weeks prior to a City Council hearing date; and
WHEREAS, the City desires to amend Section 2.20.150 of the Menifee Municipal Code to increase the timeframe for the Planning Commission or City Council to conduct a public hearing on an appeal to 60 days from the date of receipt of the appeal; and WHEREAS, Section 2.20.160, City Council referral back to Planning Commission provides that the City Council shall specify the time period that Planning Commission shall report back to the City Council and that such timeframe shall not be more than 40 days from the date of referral; and
WHEREAS, since the City Council is required to specify the time period for referrals to the Planning Commission, a 40-day limit on the timeframe is not is not necessary and does not provide flexibility to allow more time if needed including time to meet staff report submission deadlines; and
Item Title: 10.4
Second Reading and Ordinance Adoption Amending Municipal Code Title 2, Chapter 2.20, Section
2.20.150, Appeals Procedures and Section 2.20.160, City Council Referral back to the Planning Commission Item Page Number: 3
Menifee Mayor and City Council
August 2, 2023
Page
51 of 729
4 7
1 0
6 WHEREAS, the City desires to amend Section 2.20.160 of the Menifee Municipal Code to remove the 40-day time limit on referrals to the Planning Commission allowing the City Council the flexibility to establish a time period as is deemed appropriate and sufficient for a matter on a case-by-case basis.; and
WHEREAS, City staff has analyzed and determined that the proposed amendment to Sections 2.20.150 and 2.20.160 of the Menifee Municipal Code is not considered a “project” pursuant to the California Environmental Quality Act (“CEQA”).
NOW, THEREFORE, the City Council of the City of Menifee hereby ordains as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein.
SECTION 2. The City Council finds that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines section 15060(c)(2) and 15061(b)(3) in that the proposed changes are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment not will they have the potential of creating a significant effect on the environment.
SECTION 3. Section 2.20.150, Appeal Procedures, of Chapter 2.20, Planning Commission, of Title 2, Administration and Personnel, is hereby amended to read in its entirety as follows:
Decisions of the Community Development Director may be appealed to the Planning Commission. Decisions of the Planning Commission may be appealed to the City Council. Appeals may be submitted by any interested person, in writing, and must include the specific grounds for the appeal. All appeals must be accompanied by the fee set by the City Council. (A) Unless otherwise provided by a specific provision of this code, all written appeals (whether of a Community Development Director’s decision or of the Planning Commission) with payment of the fee, must be submitted to the City Clerk no more than ten calendar days after adoption of the resolution or other notice of decision, except for zone change denials, which must be appealed within five calendar days.
(B) The Planning Commission or City Council shall conduct a public hearing on the appeal within 60 days from the date of receipt of the appeal, which hearing may be continued from time to time. Notice of the public hearing shall be given in the same manner as original hearing. (C) A timely appeal suspends and sets aside the decision of the lower authority.
(D) All appeals are de novo; the Planning Commission or City Council may approve, deny or modify the recommendation of the lower authority. (E) Any Planning Commissioner or City Council member may appeal a project according to the procedures and within the time frames set out here without payment of the appeal fee.
Item Title: 10.4
Second Reading and Ordinance Adoption Amending Municipal Code Title 2, Chapter 2.20, Section
2.20.150, Appeals Procedures and Section 2.20.160, City Council Referral back to the Planning Commission Item Page Number: 4
Menifee Mayor and City Council
August 2, 2023
Page
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1 0
6 SECTION 4. Section 2.20.160, City Council Referral Back to Planning Commission, of Chapter 2.20, Planning Commission, of Title 2, Administration and Personnel, is hereby amended to read in its entirety as follows:
(A) The City Council may refer any matter (including, but not limited to, those appealed to it) back to the Planning Commission to make changes to the project, to obtain additional information, to consider new information or for further study,
(B) At the time of referral, the City Council shall specify a time period within which the Planning Commission shall report back to the City Council.
Failure of the Planning Commission to report back within the time established by the City Council (unless otherwise extended by the City Council) shall be deemed an approval by the Planning Commission of any City Council changes or actions. Otherwise, the Planning Commission’s report back to the City Council shall be considered at a City Council public hearing noticed in the same manner as the original appeal or hearing.
SECTION 5. This ordinance shall take effect 30 days from the date of its adoption.
SECTION 6. 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 July 19, 2023, and PASSED, APPROVED, AND ADOPTED this 2nd day of August 2023.
Bill Zimmerman, Mayor
Approved as to form:
Jeffrey T. Melching, City Attorney
Attest:
Stephanie Roseen, Acting City Clerk
Item Title: 10.4
Second Reading and Ordinance Adoption Amending Municipal Code Title 2, Chapter 2.20, Section
2.20.150, Appeals Procedures and Section 2.20.160, City Council Referral back to the Planning Commission Item Page Number: 5
Menifee Mayor and City Council
August 2, 2023
Page
53 of 729
CITY OF MENIFEE
SUBJECT: Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services)
MEETING DATE: August 2, 2023
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the Petition of Pulte Home Company, LLC, Tract Nos. 36658-1 thru 36658-7 located to the southwest of McLaughlin Road and Byers Road into Community Facilities District (CFD) No. 2017-1 (Maintenance Services) as Annexation Area No. 22; and
2. Adopt a resolution of Intention to add Annexation Area No. 22 into CFD No. 2017-1, to authorize the levy of special tax therein to finance certain maintenance services, and to set a Public Hearing for September 6, 2023.
DISCUSSION
On December 6, 2017, the City Council adopted Resolution No. 17-658, establishing CFD No. 2017-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (Act). CFD No. 2017-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City.
Pulte Home Company, LLC, a Michigan limited liability company, is the owner of Cimarron Ridge, Tract Nos. 36658-1 through 36658-7, consisting of approximately 203 gross acres of a vacant land to be developed into 756 Single-Family residential lots. The property is located south of McLaughlin Road and west of Byers Road, as shown in the attached project location map.
The Owner has requested that the City assist it in annexing TR 36658-1 thru 36658-7 into CFD 2017-1 to cover the costs associated with the maintenance of public improvements. The area proposed for annexation would be designated “Annexation No. 22,” and would include property within TR 36658-1 thru 36658-7, to include 756 Single-Family residential lots. Per the Owner’s request, the City would establish a rate and method of apportionment and authorize the levy of Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 1
Menifee Mayor and City Council
August 2, 2023
Page
54 of 729
City of Menifee Staff Report
CFD 2017-1 Annex 22 Cimarron Ridge
August 2, 2023
1 7
2 8
special taxes on the taxable property within Annexation Area No. 22, Tax Zones 22A, 22B, and 22C to pay for those services. Multiple Tax Zones would be established to ensure Special Tax assessments are in alignment with CFD’s maintenance responsibilities established for non- private and gated private tracts within the development.
Tax Zone 22A would have a maximum annual tax of $1,186 per unit. This tax rate includes a Maximum Special Tax A of $1,086 per unit per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $100 per unit per year and would be included in CFD No. 2017-1 as “Tax Zone 22A.” The maximum annual tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The attached CFD Maintenance Site Plan Exhibit is to illustrate which services are being maintained by the CFD.
Tax Zone 22B would have a maximum annual tax of $979 per unit. This tax rate includes a Maximum Special Tax A of $879 per unit per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $100 per unit per year and would be included in CFD No. 2017-1 as “Tax Zone 22B.” The maximum annual tax rate is proposed to escalate each year at the greater of CPI or 2%. The attached CFD Maintenance Site Plan Exhibit is to illustrate which services are being maintained by the CFD.
Tax Zone 22C would have a maximum annual tax of $979 per unit. This tax rate includes a Maximum Special Tax A of $879 per unit per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $100 per unit per year and would be included in CFD No. 2017-1 as “Tax Zone 22C.” The maximum annual tax rate is proposed to escalate each year at the greater of CPI or 2%. The attached CFD Maintenance Site Plan Exhibit is to illustrate which services are being maintained by the CFD.
The Owner has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Owner has submitted a “Consent and Waiver” form on file in the City Clerk’s Office which authorizes the City to (1) hold the election and declare election results (2) shorten election time requirements, (3) waive analysis and arguments, and (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.
The next step to annex TR 36658-1 thru 36658-7 into CFD 2017-1 is to publish a notification of the proposed annexation along with the Resolution of Intention and Boundary Maps of the proposed Annexation area. A public hearing on the matter would take place on September 6, 2023, and at that time the Council would formally consider approval of the Annexation No. 22, Tax Zones 22A, 22B, and 22C.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The individual property owners in the CFD would be responsible for annual payments of special taxes. Upon full completion of each zone, there will be an annual collection of special tax revenues to be used to pay for maintenance costs. The estimated amounts per zone are as follows, Tax Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 2
Menifee Mayor and City Council
August 2, 2023
Page
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City of Menifee Staff Report
CFD 2017-1 Annex 22 Cimarron Ridge
August 2, 2023
1 7
2 8
Zone 22A in the amount of $426,798, Tax Zone 22B in the amount of $101,964, and Tax Zone 22C in the amount of $217,113, none include Contingent Tax B.
On June 1 of each year, every taxable acre within the boundaries of the CFD, would be subject to the special tax for the ensuing fiscal year. If the anticipated costs of maintaining the facilities in any given fiscal year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.
All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development would be financed through special taxes levied on the parcels within CFD No. 2017-1 and not through the City’s General Fund.
ATTACHMENTS
1. Project Location Map
2. Resolution of Intention and Exhibits
3. CFD Maintenance Site Plan Exhibit
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 3
Menifee Mayor and City Council
August 2, 2023
Page
56 of 729
CHAMBERS AVE
SUN
CITYBLVD
MURRIETA
RD
MCLAUGHLIN RD
MCCALL BLVD
ETHANAC RD
LALADERA
RD
MONUMENT
PKWY
EVANS
RD
BARNETT
RD
VALLEY
BLVD
BRANDYWINE DR
GOLDENROD AV E
BYERS RD
BYERS AVE
CORSICA LN
COYOTECIR LESSER LN
TROY LN
^_ MENIFEE
RD
NEWPORT RD
ETHANAC RD
NORMANDY RD
SHERMAN
RD
MURRIETA
RD
MCLAUGHLIN RD
OREGONPL
GOE TZ
RD
JUNO ST
LAZY CREEK RD
ENCANTO
DR
CHAMPIONS DR
MONUM ENT PKWY
SUNCITYBLVDEVANS RD
GROSSEPOINTDR
CANNONDR
VALLEY
BLVD
CASAB
ONITA AVE
GOLDENROD AVE
GEARY
ST
ALD ERGATE DR
EASTDR
JUNIPERO RD
ASPEL RD
BARNETT RD
CANYON DR
NORTH LOOPRD
§¨¦215
CFD NO. 2017-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 22
PROJECT MAP
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 4
Menifee Mayor and City Council
August 2, 2023
Page
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RESOLUTION NO. 23-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE, ADOPTING A MAP OF THE AREA PROPOSED TO BE ANNEXED (ANNEXATION NO. 22) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on November 1, 2017, the City Council (the “City Council”) of the City of Menifee (the “City”) approved Resolution No. 17-654 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017-1") for the purpose of levying special taxes on parcels of taxable property therein, which taxes would be used to provide certain services necessary to meet increased demands placed upon the City by development; and WHEREAS, the City Council has received a written instrument to initiate and conduct proceedings pursuant to the Act, to annex territory into CFD No. 2017-1 and to consent to the shortening of election time requirements, waiving of analysis and arguments, and waiving of all notice requirements relating to the conduct of the election; and
WHEREAS, the City Council has been advised that certain property owners have requested that the area described in Exhibit A be annexed territory into the boundaries of CFD No. 2017-1, and that a rate and method of apportionment of the special tax to be levied therein be established.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California, acting as the Legislative Body of Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, determined and order as follows:
Section 1. Intent to Annex. The City Council, acting as the legislative body of the CFD No. 2017-1 hereby declares that it proposes and intends to conduct proceedings pursuant to Article
3.5 of the Act for the annexation into the CFD No. 2017-1 of the territory described in Exhibit A attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to CFD No. 2017-1.
Section 2.
Section 3.
Name of the Community Facilities District. The existing community facilities district is known as “Community Facilities District No. 2017-1 (Maintenance Services).” Description of Territory Included in Existing CFD No. 2017-1. The boundaries of the territory currently included in the CFD No. 2017-1 are described and shown on that certain map entitled "Proposed Boundary Map – Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee, County of Riverside, State of California", as recorded on November 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at Page 69, and as Document No. 2017-0465706 in the official records of the County of Riverside, as amended by the following:
Section 4. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed is included within the boundaries within which property may annex to CFD No. 2017-1 and is more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California,” as recorded on November 7, 2017 in Book 81 of Maps of Assessment and Community Facilities Districts, at Page 70, and as Document No. 2017-0465707 in the official records 1 Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 5
Menifee Mayor and City Council
August 2, 2023
Page
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Resolution of Intention Annex 22
Resolution No. 23-
of the County of Riverside. The territory proposed to be annexed to the CFD No. 2017-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 22, Community Facilities District No. 2017-1 (Maintenance Services), City of Menifee, County of Riverside, State of California," which is on file with the Acting City Clerk (the "Annexation Map") and attached hereto as Exhibit D
Section 5. Description of Authorized Services. The services proposed to be financed by the territory proposed to be annexed to the CFD No. 2017-1 (the “Services”) are the same as those services authorized to be financed by the existing territory in the CFD No. 2017-1 and are described in Exhibit B attached hereto. The cost of providing the Services includes “Administrative Expenses,” which include costs associated with the creation of CFD No. 2017-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2017-1. The Services authorized to be financed by CFD No. 2017-1 are in addition to those currently provided in the territory of CFD No. 2017-1 and do not supplant Services already available within that territory.
Section 6.
Section 7.
Plan for Providing Services. The Services will be provided within the territory proposed to be annexed to the CFD No. 2017-1 and the existing territory in the CFD No. 2017-1 on the same basis.
Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including Administrative Expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2017-1, will be levied annually within the territory proposed to be annexed to the CFD No. 2017-1.
The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit C.
Section 8.
Section 9.
No Alteration of the Special Tax Levied in the Existing CFD No. 2017-1. The City Council does not propose to alter the special tax rate levied within the existing territory in the CFD No. 2017-1.
Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2017-1. Pursuant to Section 3111 of said Code, the Acting City Clerk shall file the original of the Annexation map in his or her office and shall file a copy of the Annexation Map with the County Recorder of the County of Riverside no later than 15 days prior to the date of the hearing specified in Section 7 hereof.
Section 10. Public Hearing. The City Council hereby fixes 6:00 p.m., or as soon thereafter as practicable, on Wednesday, September 6, 2023 in the City Council Chambers located at 29844 Haun Road, Menifee, California 92586, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of the area depicted on the Annexation Map and described in Exhibit A hereto territory to the CFD No. 2017-1.
Section 11. Notice of Public Hearing. The Acting City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2017-1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53339.4 of the Act.
2 Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 6
Menifee Mayor and City Council
August 2, 2023
Page
59 of 729
Resolution of Intention Annex 22
Resolution No. 23-
Section 12. Mailing Ballots. In anticipation of its action on Wednesday, September 6, 2023, to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the Acting City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2017-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.
Section 13. Authorization to Take Action. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.
Section 14. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this ____ day of _______, 2023 ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
3 Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 7
Menifee Mayor and City Council
August 2, 2023
Page
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EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Menifee Community Facilities District No. 2017-1 (Maintenance Services) (the “CFD No. 2017-1”) Annexation No. 22 is currently comprised of 166 parcels, located within the City boundaries. The property is identified by the following Riverside County Assessor's Parcel Number (APNs).
Owner Name:
Pulte Home Company, LLC, a Michigan limited liability company Tax Zone 22A
330220018
335430028
335530008
335531006
335532007
335532015
335533001
335533009
335534005
335534013
335540004
335541005
335541013
335542002
335542010
335542018
335542026
335543004
335543012
335544006
335544014
330220019
335530001
335530009
335531007
335532008
335532016
335533002
335533010
335534006
335534014
335540005
335541006
335541014
335542003
335542011
335542019
335542027
335543005
335543013
335544007
330230042
335530002
335530010
335532001
335532009
335532017
335533003
335533011
335534007
335534015
335540006
335541007
335541015
335542004
335542012
335542020
335542028
335543006
335543014
335544008
330230044
335530003
335531001
335532002
335532010
335532018
335533004
335533012
335534008
335535001
335540007
335541008
335541016
335542005
335542013
335542021
335542029
335543007
335544001
335544009
330230045
335530004
335531002
335532003
335532011
335532019
335533005
335534001
335534009
335535002
335541001
335541009
335541017
335542006
335542014
335542022
335542030
335543008
335544002
335544010
335070056
335530005
335531003
335532004
335532012
335532020
335533006
335534002
335534010
335540001
335541002
335541010
335541018
335542007
335542015
335542023
335543001
335543009
335544003
335544011
335070057
335530006
335531004
335532005
335532013
335532021
335533007
335534003
335534011
335540002
335541003
335541011
335541019
335542008
335542016
335542024
335543002
335543010
335544004
335544012
335070058
335530007
335531005
335532006
335532014
335532022
335533008
335534004
335534012
335540003
335541004
335541012
335542001
335542009
335542017
335542025
335543003
335543011
335544005
335544013
Tax Zone 22B
335070055 335430027
Tax Zone 22C
330220016 330220017 330230043
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 8
Menifee Mayor and City Council
August 2, 2023
Page
61 of 729
EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 9
Menifee Mayor and City Council
August 2, 2023
Page
62 of 729
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-way, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017-1; and any portions adjacent to the properties within CFD No. 2017-1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services may be financed by proceeds of the special tax of CFD No. 2017-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created or those provided in the territory annexed to CFD No. 2017-1 before the territory was annexed, as applicable.
City of Menifee 12
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 10
Menifee Mayor and City Council
August 2, 2023
Page
63 of 729
EXHIBIT C
RATE AND METHOD OF APPORTIONMENT
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 11
Menifee Mayor and City Council
August 2, 2023
Page
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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
OF THE CITY OF MENIFEE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2017-1 (Maintenance Services) (the “CFD No. 2017-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2018, in an amount determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of CFD No. 2017-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2017-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2017-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2017-1, or any designee thereof associated with fulfilling the CFD No. 2017-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2017-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of City overhead and salaries and benefits of any City employees whose duties are related to the administration of CFD No. 2017-1 and third party expenses related to CFD No. 2017-1. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2017-1 for any other administrative purposes of CFD No. 2017-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of Menifee, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original City of Menifee 1
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 12
Menifee Mayor and City Council
August 2, 2023
Page
65 of 729
construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Non-Residential Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2017-1” means the City of Menifee Community Facilities District No. 2017-1 (Maintenance Services).
“City” means the City of Menifee.
“Contingent Services” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017-1 as set forth in the documents adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determination pursuant to Section C(2) that a Property Owners’ Association fails to adequately provide such services.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax A, as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.
“Maximum Special Tax B (Contingent)” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.
City of Menifee 2
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 13
Menifee Mayor and City Council
August 2, 2023
Page
66 of 729
“Multi-Family Residential Property” or “MFR” means any Assessor’s Parcel of Residential Property upon which a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit are constructed or are intended to be constructed. “Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which Residential Units have been constructed or are intended to be constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017-1 as set forth in the documents adopted by the City Council at the time the CFD was formed as identified in Appendix B. “Single Family Residential Property” or “SFR” means any Residential Property other than Multi-Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of such Tax Zone within CFD No. 2017-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
“Special Tax B (Contingent)” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax B (Contingent) Requirement, if required.
City of Menifee 3
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 14
Menifee Mayor and City Council
August 2, 2023
Page
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“Special Tax B (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. "Taxable Property" means all Assessor’s Parcels within CFD No. 2017-1, which are not Exempt Property. “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2017-1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2017-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi- Family Residential Property and the number of Residential Units shall be determined by the Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit for the Tax Zone below or as included in Appendix A as each annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of City of Menifee 4
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 15
Menifee Mayor and City Council
August 2, 2023
Page
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Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable Tax Zone below or as included in Appendix A as each annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone
Taxable
Unit
RU
RU
Acre
Maximum
Special Tax A
$158
$158
$1,714
Tract Land Use Category
Single Family Residential Property
Multi-Family Residential Property
Non-Residential Property
TR 36299-1
& PM 95041
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 2 below:
City of Menifee 5
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 16
Menifee Mayor and City Council
August 2, 2023
Page
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TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone
Taxable
Unit
RU
RU
Acre
Maximum
Special Tax A
$158
$158
$1,714
Tract Land Use Category
Single Family Residential Property
Multi-Family Residential Property
Non-Residential Property
TR 36299-1
& PM 95041
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
TR 36299-1
& PM 95041 Acre $1,515
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
City of Menifee 6
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 17
Menifee Mayor and City Council
August 2, 2023
Page
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(i) Maximum Special Tax B (Contingent)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Maximum
Tax
Zone
Taxable
Unit
RU
RU
Acre
Special Tax B
(Contingent)Tract Land Use Category
Single Family Residential Property
Multi-Family Residential Property
Non-Residential Property
$0
$0
$0
TR 36299-1
& PM 95041
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017- 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 5 below:
City of Menifee 7
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 18
Menifee Mayor and City Council
August 2, 2023
Page
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TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Maximum
Tax Taxable Special Tax B
Zone Tract Land Use Category
Single Family Residential Property
Multi-Family Residential Property
Non-Residential Property
Unit
RU
RU
Acre
(Contingent)
$0
$0
$0
TR 36299-1
& PM 95041
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017- 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Maximum Special
Tax Zone Tracts Taxable Unit Tax B (Contingent)
TR 36299-1
& PM 95041 Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2018-19 and for each following Fiscal Year, the City Council shall determine the Special Tax A Requirement for each Tax Zone and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax A equals the Special Tax A Requirement for such Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement; Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved City of Menifee 8
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 19
Menifee Mayor and City Council
August 2, 2023
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Property at up to 100% of the Maximum Special Tax A for Approved Property; Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with the first Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B (Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) shall be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Special Tax B (Contingent) Requirement;
Second: If additional moneys are needed to satisfy the Special Tax B (Contingent) Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax B (Contingent) Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2017-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services to such properties. Based on this analysis, any properties to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned the appropriate Maximum Special Tax rates for the Tax Zone when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2017-1, all Assessor’s; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which are in use in the performance of a public function as determined by the Administrator.
City of Menifee 9
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 20
Menifee Mayor and City Council
August 2, 2023
Page
73 of 729
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator of CFD No. 2017-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2017-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
City of Menifee 10
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 21
Menifee Mayor and City Council
August 2, 2023
Page
74 of 729
APPENDIX A
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2017-1 Tax Zone 22A.
TAX ZONE 22A (SERVICES)
TR 36658-1, 36658-3, 36658-4, & 36658-7
Item
1 Description
Landscaping
Estimated Cost
$66,632
2 3
4 5
Lighting
Streets
Drainage
Parks
$62,271
$80,059
$70,354
$91,168
$3,5086 Trails
7 8
9 Graffiti
Reserves
Administration
$1,377
$32,531
$18,903
$426,803Total
Special Tax B Contingent Services – The estimate breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2023-24. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2017-1 Tax Zone 22A.
TAX ZONE 22A (CONTINGENT SERVICES)
TR 36658-1, 36658-3, 36658-4, & 36658-7
Item
1 2
Description Estimated Cost
$30,782Drainage
Reserves $4,617
$1,6743 Administration
Total $37,073
TAX ZONE 22A
FY 2023-24 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Developed
Taxable
Unit
Unit
Maximum
Special Tax A
$1,086
Maximum
Special Tax B
$100
Approved
Undeveloped
Unit
Acre
$1,086
$6,360
$100
$586
City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 11 Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 22
Menifee Mayor and City Council
August 2, 2023
Page
75 of 729
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2017-1 Tax Zone 22B.
TAX ZONE 22B (SERVICES)
TR 36658-2
Item
1 Description
Landscaping
Estimated Cost
$19,667
2 3
4 5
6 7
8 Lighting
Streets
Drainage
Parks
Trails
Graffiti
$11,381
$9,103
$20,766
$26,978
$1,035
$406
$7,988
$4,602
$101,926
Reserves
Administration9
Total
Special Tax B Contingent Services – The estimate breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2023-24. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2017-1 Tax Zone 22B.
TAX ZONE 22B (CONTINGENT SERVICES)
TR 36658-2
Item Description Estimated Cost
1 2
3 Drainage
Reserves
Administration
$9,086
$1,363
$1,151
Total $11,600
TAX ZONE 22B
FY 2023-24 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Developed
Taxable
Unit
Unit
Maximum
Special Tax A
Maximum
Special Tax B
$100$879
Approved
Undeveloped
Unit
Acre
$879
$3,589
$100
$409
City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 12 Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 23
Menifee Mayor and City Council
August 2, 2023
Page
76 of 729
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2023-24. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2017-1 Tax Zone 22C.
TAX ZONE 22C (SERVICES)
TR 36658-5 & 36658-6
Item
1 Description
Landscaping
Estimated Cost
$41,878
2 3
4 5
Lighting
Streets
Drainage
Parks
$24,233
$19,383
$44,217
$57,677
$2,2056 Trails
7 8
9 Graffiti
Reserves
Administration
$865
$17,010
$9,658
Total $217,126
Special Tax B Contingent Services – The estimate breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2023-24. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2017-1 Tax Zone 22C.
TAX ZONE 22C (CONTINGENT SERVICES)
TR 36658-5 & 36658-6
Item
1 2
Description Estimated Cost
$19,346Drainage
Reserves $2,902
$2,4523 Administration
Total $24,700
TAX ZONE 22C
FY 2023-24 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Developed
Taxable
Unit
Unit
Maximum
Special Tax A
Maximum
Special Tax B
$100$879
Approved
Undeveloped
Unit
Acre
$879
$5,823
$100
$663
City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 13 Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 24
Menifee Mayor and City Council
August 2, 2023
Page
77 of 729
MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE
Fiscal
Year
Included
No. of
Taxable
Units
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent)
$0
Tax
Zone
Land Use
Category
SFR
Taxable
UnitTract Subdivider
Stark Menifee Land, LLC
Stark Menifee Land, LLC &
Menifee Multifamily, LLC
Several
426 RU $158
36299-1 &
PM 95041 2018-19 548 MFR RU $158 $0
27.68 65
161
NR
SFR
SFR
Acre
RU
RU
$1,714
$539
$727
$0
$43
$0
2 3
2020-21
2020-21
TR 37576
TR 28859
Meritage Homes
Woodside O5S
Lennar Homes of
California, Inc.
Strata Holland, LLC
Meritage Homes of
California, Inc.
4 5
6 7
2020-21
2020-21
2021-22
2022-23
TTM 31098
TTM 36852
TTM 37668
TTM 31456
258
68 SFR
SFR
SFR
SFR
RU
RU
RU
RU
$878
$755
$765
$996
$0
$151
$295
$0
175
176 RCFC Investments, LLC
Diamond Brother Five
Partnership, LP and Pulte
Home Company, LLC
D.R. Horton Los Angeles
Holding Company, Inc.
Briggs & 74, LLC
TR 32102 &
TR 32102-18 2021-22 256 SFR RU $674 $0
9 2021-22
2022-23
TTM 37400
TPM 37380
174 SFR
NR
RU $703 $0
10 11
3.62 Acre
To Be Determined
$3,588 $1,646
TR 37408 &
TR 37409
TR 36803
12 13
14 2022-23
2022-23
2022-23
1,022
80 SFR
SFR
SFR
RU
RU
RU
$963 $5 BLC Fleming LLC
$556
$281
$171
$45
FPG Sun Menifee 80 LLC
FPG Tricon Menifee
Property LLCTR 32628 303
Boulders Menifee LLC15 2022-23 PLN 20-0167 9.92 MFR/NR Acre $3,865 $2,375 16 17
18 19
20 21
2022-23
2023-24
2023-24
2023-24
LLA 17-007
PM 37145
TR 37131
12.48 4.82
305
MFR
NR
SFR
NR
Acre
Acre
RU
$3,273
$3,137
$533
$2,119
$0
$38
$0
Jefferson Menifee, LLC
VSK Investments, LLC
AG EHC II (LEN) CA 1, LP
DSMD Cajun PropertiesPLN 22-0199 0.96 Acre $2,995
To Be Determined
To Be Determined
TR 36658-1,
-3, -4, & -7
TR 36658-2
TR 36658-5
& 36658-6
22A
22B
22C
2023-24
2023-24
2023-24
393
116
247
SFR
SFR
SFR
RU
RU
RU
$1,086 $100
$100
$100
Pulte Home Company, LLC
Pulte Home Company, LLC
Pulte Home Company, LLC
$879
$879
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2019 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
City of Menifee 14
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 25
Menifee Mayor and City Council
August 2, 2023
Page
78 of 729
APPENDIX B
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-way, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017-1; and any portions adjacent to the properties within CFD No. 2017-1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services may be financed by proceeds of the special tax of CFD No. 2017-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created or those provided in the territory annexed to CFD No. 2017-1 before the territory was annexed, as applicable.
City of Menifee 15
Community Facilities District No. 2017-1 (Maintenance Services) Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 26
Menifee Mayor and City Council
August 2, 2023
Page
79 of 729
EXHIBIT D
ANNEXATION AND POTENTIAL ANNEXATION BOUNDARY MAPS
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 27
Menifee Mayor and City Council
August 2, 2023
Page
80 of 729
SHEET 1 OF 3 SHEETS
ANNEXATION MAP NO. 22
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES)
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIATHIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA.
FILED THIS ____ DAY OF _______________, 20____ AT
THE HOUR OF ____ O'CLOCK __M IN BOOK _____
OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES
DISTRICTS AT PAGE ______ IN THE OFFICE OF THE
COUNTY RECORDER, IN THE COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA.THE BOUNDARIES OF WHICH COMMUNITY FACILITIES
DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP
THEREOF WHICH WAS PREVIOUSLY RECORDED ON
NOVEMBER 7, 2017 IN BOOK 81 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 69 AND
AS INSTRUMENT NO. 2017-0465706 IN THE OFFICE OF THE
FEE: _____________
PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER
NO.: ______________________
22C
COUNTY RECORDER OF THE
STATE OF CALIFORNIA.
COUNTY OF RIVERSIDE, BY: _______________________________ DEPUTY
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES), OF THE CITY OF MENIFEE, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE
FILED IN THE OFFICE OF THE CITY CLERK, CITY OF MENIFEE, THIS _______ DAY OF _________________, 20___.
CITY COUNCIL OF THE CITY OF MENIFEE AT A REGULAR
MEETING THEREOF, HELD ON ______ DAY OF ______,
20____,
BY ITS RESOLUTION NO. _______________
___________________________________
CITY CLERK
CITY OF MENIFEE
___________________________________
CITY CLERK
22A
CITY OF MENIFEE
þ
74 CFD 2017-1
TAX ZONE 22
_
MENIFEE
§ ¦215
þ
79 LEGEND22B 22A§ ¦15
ANNEXATION AREA BOUNDARY
TAX ZONE BOUNDARY
-
PARCEL LINETHIS ANNEXATION MAP CORRECTY SHOWS THE LOT OR
PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF
THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS
CONCERNING THE LINES AND DIMENSIONS OF LOTS OR
PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR
FISCAL YEAR 2023-24.
CITY BOUNDARY
22A TAX ZONE
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 28
Menifee Mayor and City Council
August 2, 2023
Page
81 of 729
SHEET 2 OF 3 SHEETS
ANNEXATION MAP NO. 22 163
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES)
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
153 79 78 77 7680
68 75 74 7381
67 828384149 87 86
94 85
95 161 16289 8890152 45
44 43
42 41
40 151 69 70 71
46 72
96 97
98 137
138
92 9391 66 65 64 47
48 49
50 51
118
139 119
120
121
122
99 158
136 117
116
157100140
141
135
134
133
101 39
38 631 115 102
114 103
113
62 61
142
143
144
52 53
37 36
35 34
132 123 104
105 60131
130
124
125
112
145
146
147
148
54 55
111 106
110
107
59 58
57 129 126
128 127 56 33
32 109 108
154 155 159 156165
164
166
160
17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
1615
150
7 11
2 10
8 14
6 3
8 10
11 4 5
9 12
LEGEND 13
ANNEXATION AREA BOUNDARY
TAX ZONE BOUNDARY
PARCEL LINE
XXX-XXX-XXX ASSESSOR PARCEL NUMBER
MAP REFRENCE NUMBER
TAX ZONE
1 22A
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 29
Menifee Mayor and City Council
August 2, 2023
Page
82 of 729
SHEET 3 OF 3 SHEETS
ANNEXATION MAP NO. 22
COMMUNITY FACILITIES DISTRICT NO. 2017-1
(MAINTENANCE SERVICES)
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TAX ZONE 22A TAX ZONE 22B TAX ZONE 22C
REF #
3 APN REF #
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
APN REF #
71 APN REF #
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
APN REF #
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
APN REF #
13 APN REF # APN
330-220-018
330-220-019
330-230-045
330-230-044
330-230-042
335-070-058
335-070-057
335-070-056
335-430-028
335-530-001
335-530-002
335-530-003
335-530-004
335-530-005
335-530-006
335-530-007
335-530-008
335-540-001
335-540-002
335-540-003
335-540-004
335-540-005
335-540-006
335-540-007
335-541-001
335-541-002
335-541-003
335-541-004
335-541-005
335-541-006
335-541-007
335-541-008
335-541-009
335-541-010
335-541-011
335-541-012
335-541-013
335-541-014
335-541-015
335-541-016
335-542-001
335-542-002
335-542-003
335-542-004
335-542-005
335-542-006
335-542-007
335-542-008
335-542-009
335-542-010
335-542-011
335-542-012
335-542-013
335-542-014
335-542-015
335-542-016
335-542-017
335-542-018
335-542-019
335-542-020
335-542-021
335-542-022
335-542-023
335-542-024
335-542-025
335-542-026
335-542-027
335-543-001
335-543-002
335-543-003
335-543-004
335-543-005
335-543-006
335-543-007
335-543-008
335-543-009
335-543-010
335-543-011
335-543-012
335-543-013
335-531-001
335-531-002
335-531-003
335-531-004
335-531-005
335-532-001
335-532-002
335-532-003
335-533-001
335-533-002
335-544-001
335-544-002
335-544-003
335-544-004
335-544-005
335-544-006
335-544-007
335-544-008
335-544-009
335-544-010
335-544-011
335-544-012
335-544-013
335-533-003
335-533-004
335-533-005
335-533-006
335-533-007
335-533-008
335-533-009
335-533-010
335-533-011
335-533-012
335-532-004
335-532-005
335-532-006
335-532-007
335-532-008
335-532-009
335-532-010
335-532-011
335-532-012
335-532-013
335-532-014
335-532-015
335-532-016
335-532-017
335-532-018
335-532-019
335-532-020
335-532-021
335-534-001
335-534-002
335-534-003
335-534-004
335-534-005
335-534-006
335-534-007
335-534-008
335-534-009
335-534-010
335-534-011
335-534-012
335-535-001
335-530-009
335-534-013
335-531-006
335-531-007
335-532-022
335-544-014
335-542-028
335-542-029
335-542-030
335-541-017
335-541-018
335-541-019
335-543-014
335-535-002
335-530-010
335-534-014
335-534-015
335-430-027
335-070-055
1 2
7 330-220-016
330-220-017
330-230-043
4 72 14
5 73
6 74
8 75
9 76
10 11
12 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 30
Menifee Mayor and City Council
August 2, 2023
Page
83 of 729
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 31
Menifee Mayor and City Council
August 2, 2023
Page
84 of 729
EXHIBIT E
PETITION
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 32
Menifee Mayor and City Council
August 2, 2023
Page
85 of 729
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 33
Menifee Mayor and City Council
August 2, 2023
Page
86 of 729
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 34
Menifee Mayor and City Council
August 2, 2023
Page
87 of 729
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 35
Menifee Mayor and City Council
August 2, 2023
Page
88 of 729
EXHIBIT F
NOTICE OF PUBLIC HEARING
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 36
Menifee Mayor and City Council
August 2, 2023
Page
89 of 729
NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 22)
NOTICE IS HEREBY GIVEN that the City Council of the City of Menifee on August 2, 2023 adopted its Resolution No. 2023-__, in which it declared its intention to annex territory to existing Community Facilities District No. 2017-1 (Maintenance Services) (the "CFD No. 2017-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2017-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 6:00 p.m., or as soon thereafter as practicable, Wednesday, September 6, 2023 in the City Council Chambers located at 29844 Haun Road, Menifee, California 92586, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2017-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the September 6, 2023 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of Menifee (www.cityofmenifee.us), and outside of City Hall at 29844 Haun Road, Menifee, California 92586. A copy of the Agenda will be made available upon request to the Menifee City Clerk's office at 951-723-3471.
DATED: ____________, 2023
PUB: ____________, 2023
_________________________________________
Acting City Clerk of the City of Menifee
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 37
Menifee Mayor and City Council
August 2, 2023
Page
90 of 729
EXHIBIT G
BALLOTS
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 38
Menifee Mayor and City Council
August 2, 2023
Page
91 of 729
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 22
TAX ZONE 22A
(September 6, 2023)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1”) of the City of Menifee:
Name of Landowner Number of Acres Owned
103.8
Total Votes
104Pulte Home Company, LLC
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 2017-1, City of Menifee, County of Riverside, State of California. Please advise the Acting City Clerk, at (951) 672-6777 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the Acting City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than August 23, 2023, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.
Personal
Delivery: If in person, deliver to the Acting City Clerk at any time up to 5:00 p.m. on September 6, 2023, at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 6, 2023.
Very truly yours,
Stephanie Roseen
Acting City Clerk
City of Menifee
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 39
Menifee Mayor and City Council
August 2, 2023
Page
92 of 729
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Pulte Home Company, LLC
Attn: Darren Warren
27401 Los Altos, Suite 400
Mission Viejo, CA 92691
See Attached
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT MARK “YES” OR “NO”
WITH AN “X”:SPECIAL TAX BALLOT MEASURE
Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2017-1 (Maintenance Services) adopted by the City Council on August 2, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 22 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” to finance certain services as set forth in Section 5 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on ____________, 20__.
Darren Warren
Division Vice President of Land
Signature
Print Name
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 40
Menifee Mayor and City Council
August 2, 2023
Page
93 of 729
Tax Zone 22A
330220018
335430028
330220019 330230042 330230044 330230045 335070056 335070057 335070058 335530001 335530002 335530003 335530004 335530005 335530006 335530007 335530008 335530009 335530010 335531001 335531002 335531003 335531004 335531005 335531006 335531007 335532001 335532002 335532003 335532004 335532005 335532006 335532007 335532008 335532009 335532010 335532011 335532012 335532013 335532014 335532015 335532016 335532017 335532018 335532019 335532020 335532021 335532022 335533001 335533002 335533003 335533004 335533005 335533006 335533007 335533008 335533009 335533010 335533011 335533012 335534001 335534002 335534003 335534004 335534005 335534006 335534007 335534008 335534009 335534010 335534011 335534012 335534013 335534014 335534015 335535001 335535002 335540001 335540002 335540003 335540004 335540005 335540006 335540007 335541001 335541002 335541003 335541004 335541005 335541006 335541007 335541008 335541009 335541010 335541011 335541012 335541013 335541014 335541015 335541016 335541017 335541018 335541019 335542001 335542002 335542003 335542004 335542005 335542006 335542007 335542008 335542009 335542010 335542011 335542012 335542013 335542014 335542015 335542016 335542017 335542018 335542019 335542020 335542021 335542022 335542023 335542024 335542025 335542026 335542027 335542028 335542029 335542030 335543001 335543002 335543003 335543004 335543005 335543006 335543007 335543008 335543009 335543010 335543011 335543012 335543013 335543014 335544001 335544002 335544003 335544004 335544005 335544006 335544007 335544008 335544009 335544010 335544011 335544012 335544013 335544014
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 41
Menifee Mayor and City Council
August 2, 2023
Page
94 of 729
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 22
TAX ZONE 22B
(September 6, 2023)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1”) of the City of Menifee:
Name of Landowner Number of Acres Owned
40.15 Total Votes
41Pulte Home Company, LLC
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 2017-1, City of Menifee, County of Riverside, State of California. Please advise the Acting City Clerk, at (951) 672-6777 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the Acting City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than August 23, 2023, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.
Personal
Delivery: If in person, deliver to the Acting City Clerk at any time up to 5:00 p.m. on September 6, 2023, at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 6, 2023.
Very truly yours,
Stephanie Roseen
Acting City Clerk
City of Menifee
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 42
Menifee Mayor and City Council
August 2, 2023
Page
95 of 729
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Pulte Home Company, LLC
Attn: Darren Warren Zone 22B
27401 Los Altos, Suite 400
Mission Viejo, CA 92691
335-070-055 and 335-430-027
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT MARK “YES” OR “NO”
WITH AN “X”:SPECIAL TAX BALLOT MEASURE
Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2017-1 (Maintenance Services) adopted by the City Council on August 2, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 22 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” to finance certain services as set forth in Section 5 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on ____________, 20__.
Darren Warren
Division Vice President of Land
Signature
Print Name
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 43
Menifee Mayor and City Council
August 2, 2023
Page
96 of 729
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 22
TAX ZONE 22C
(September 6, 2023)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1”) of the City of Menifee:
Name of Landowner Number of Acres Owned
59.23 Total Votes
60Pulte Home Company, LLC
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 2017-1, City of Menifee, County of Riverside, State of California. Please advise the Acting City Clerk, at (951) 672-6777 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the Acting City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than August 23, 2023, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.
Personal
Delivery: If in person, deliver to the Acting City Clerk at any time up to 5:00 p.m. on September 6, 2023, at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 6, 2023.
Very truly yours,
Stephanie Roseen
Acting City Clerk
City of Menifee
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 44
Menifee Mayor and City Council
August 2, 2023
Page
97 of 729
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Pulte Home Company, LLC
Attn: Darren Warren Zone 22C
27401 Los Altos, Suite 400
Mission Viejo, CA 92691
330-220-016, 330-220-017, and 330-230-043
CITY OF MENIFEE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT MARK “YES” OR “NO”
WITH AN “X”:SPECIAL TAX BALLOT MEASURE
Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2017-1 (Maintenance Services) adopted by the City Council on August 2, 2023 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 22 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” to finance certain services as set forth in Section 5 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on ____________, 20__.
Darren Warren
Division Vice President of Land
Signature
Print Name
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 45
Menifee Mayor and City Council
August 2, 2023
Page
98 of 729
Item Title: 10.5
Resolution of Intention for Annexation No. 22, Cimarron Ridge into CFD 2017-1 (Maintenance Services) Item Page Number: 46
Menifee Mayor and City Council
August 2, 2023
Page
99 of 729
CITY OF MENIFEE
SUBJECT: Agreements with Searle Creative Group, Tripepi Smith and Associates, and Mind and Mill for On-Call Graphic Design Services
MEETING DATE: August 2, 2023
TO: Mayor and City Council
PREPARED BY: Rebekah Kramer, Assistant to the City Manager REVIEWED BY: Rochelle Clayton, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Professional Services Agreements with Searle Creative Group LLC, Tripepi Smith and Associates, Inc., and Mind and Mill LLC, in an aggregate amount not-to-exceed $40,000 for Fiscal Year (FY) 2023/2024 and $40,000 for FY 2024/2025 for On-Call Graphic Design Services; and
2. Authorize the City Manager to approve three, one-year extensions in an amount not-to- exceed $40,000 annually.
DISCUSSION
On April 27, 2023, the City issued Request for Proposal (RFP) No. 2023-17 for On-Call Graphic Design Services to assist the Communications Division and Economic Development Department with the development of collateral materials such as logos, templates, infographics, brochures, banners, direct mail, and promotional items on an as-needed basis throughout the year.
RFP Process
A total of 12 proposals were received by the submittal deadline of May 29, 2023, from the following firms:
1. Blu Fable
2. Ciancio Designs
3. Class Act Designs
4. Cue Camp
5. Geographics
6. McGregor Shott
7. Mind and Mill
Item Title: 10.6
Agreements with Searle Creative Group, Tripepi Smith and Associates, and Mind and Mill for On-Call Graphic Design Services
Item Page Number: 1
Menifee Mayor and City Council
August 2, 2023
Page
100 of 729
City of Menifee Staff Report
Agreements for On-Call Graphic Design Services
August 2, 2023
1 6
9 8
8. My House of Design
9. Public Advertising Agency
10. Searle Creative Group LLC
11. Tripepi Smith and Associates Inc.
12. We the Creative
A comprehensive evaluation of the proposals received was completed by the review committee comprised of City staff. Proposals were reviewed and ranked based on the qualifications and experience of the firms and their project team, service delivery approach, and cost. Interviews were conducted with Mind and Mill LLC and Geographic, who tied for third place following the proposal review.
TABLE 1 – RFP Evaluation Summary
Firm
Average Score
(100 possible point)
1.Searle Creative Group LLC 86.67
2.Tripepi Smith and Associates, Inc. 85.00
3.Mind and Mill LLC 84.33
4.Geographics 84.33
5.We the Creative 83.67
6.McGregor Shott 82.33
7.Public Advertising Agency 81.67
8.My House of Design 80.00
9.Blu Fable 75.33
10.Cue Camp 72.67
11.Class Act Designs 68.33
12.Ciancio Designs 66.67
Following the evaluation, interview and reference checks, City staff determined that Searle Creative Group LLC, Tripepi Smith and Associates, Inc., and Mind and Mill LLC, were best qualified to provide On-Call Graphic Design Services for the City. Each of these firms have a broad range of graphic design experience serving both public and private sector clients.
The proposed Professional Services Agreement (PSA) term is for a two-year period extending from August 2, 2023, through June 30, 2025, with three, one-year extensions. The PSA extension terms allow for an annual rate increase of up to 3% per year rate based upon the Consumer Price Index (CPI) for the Riverside-San Bernardino-Ontario published by the Bureau of Labor Statistics.
Any rate increases above 3% would require an agreement amendment reviewed and approved by the City Council.
The On-Call Agreements will provide access to three qualified firms able to meet the City’s graphic design requirements on an as-needed basis. This will help to eliminate the potential for capacity constraints should any of the selected firms be unable to meet the City’s scheduling/support needs on a project. As projects arise, City staff will acquire estimates from the authorized graphic design firms based upon the required scope of work. Projects will be awarded from among the On-Call Graphic Design firms based upon the project cost considered in combination with the firm’s capabilities and ability to complete each project within the required timeframe.
Item Title: 10.6
Agreements with Searle Creative Group, Tripepi Smith and Associates, and Mind and Mill for On-Call Graphic Design Services
Item Page Number: 2
Menifee Mayor and City Council
August 2, 2023
Page
101 of 729
City of Menifee Staff Report
Agreements for On-Call Graphic Design Services
August 2, 2023
1 6
9 8
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
FISCAL IMPACT
The estimated fiscal impact for On-Call Graphic Design Services is set to an aggregate not-to- exceed amount of $40,000 annually in FYs 2023/2024 and 2024/2025 for a total of $80,000. The associated costs have been included as part of the adopted FYs 2023/2024 and 2024/2025 budgets within the Communications Division Account No. 100-4121-52800 - Professional Services ($30,000) and Economic Development Department Account No. 100-4350-52800 - Professional Services ($10,000). Funding for the three additional one-year renewals would be established as part of the respective year’s operating budget. No additional budget appropriation action(s) are required.
ATTACHMENTS
1. PSA - Searle Creative Group LLC
2. PSA - Tripepi Smith and Associates, Inc.
3. PSA - Mind and Mill LLC
Item Title: 10.6
Agreements with Searle Creative Group, Tripepi Smith and Associates, and Mind and Mill for On-Call Graphic Design Services
Item Page Number: 3
Menifee Mayor and City Council
August 2, 2023
Page
102 of 729
2671/031858-0001
7630421.2 a05/18/23
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
ON-CALL GRAPHIC DESIGN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and SEARLE CREATIVE GROUP LLC, a California Limited Liability Company (LLC) (“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 August 2, 2023 and shall end on June 30, 2025 (“Initial Term”). Upon termination of the Initial Term, this Agreement shall automatically renew for one (1) additional one (1) year term (“First Renewal Term”), unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. Upon termination of the First Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Second Renewal Term”), unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. Upon the termination of the Second Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Third Renewal Term”), unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The Initial Term and any renewal term which actually occurs shall be collectively referred to in this Agreement as the “term”. 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.
Item Title: 10.6
Agreements with Searle Creative Group, Tripepi Smith and Associates, and Mind and Mill for On-Call Graphic Design Services
Item Page Number: 4
Menifee Mayor and City Council
August 2, 2023
Page
103 of 729
2671/031858-0001
7630421.2 a05/18/23 -2-
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
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.
Consultant is one (1) of three (3) consultants performing the Services on behalf of the City (each a “Performing Consultant,”) and shall be compensated as provided herein for the Services performed by Consultant. Consultant hereby acknowledges that Consultant is one (1) of three (3) Performing Consultants and that no one (1) Performing Consultant is entitled to or guaranteed any particular quantity of work required for the Services. Notwithstanding any contrary indications that may be contained in Consultant’s proposal, City hereby agrees to pay Consultant as follows, provided that the sums listed herein shall be the maximum compensation available to all Performing Consultants combined, in the aggregate for the initial and first, second, and third renewal terms:
1. Initial Term: An aggregate sum not to exceed EIGHTY THOUSAND DOLLARS AND ZERO CENTS ($80,000.00); and
2. First Renewal Term: For a maximum aggregate sum not to exceed FOURTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00); and
3. Second Renewal Term: For a maximum aggregate sum not to exceed FOURTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00); and
4. Third Renewal Term: For a maximum aggregate sum not to exceed FOURTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00).
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.
Item Title: 10.6
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2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
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 Item Title: 10.6
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Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not 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 Item Title: 10.6
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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 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.
Item Title: 10.6
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Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. 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: ON- CALL GRAPHIC DESIGN SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance Item Title: 10.6
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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.
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:
Item Title: 10.6
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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.
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 Item Title: 10.6
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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 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 Item Title: 10.6
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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.
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.
Item Title: 10.6
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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.
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 Item Title: 10.6
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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.
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.
Item Title: 10.6
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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 Kellie Meehan (“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, Philip Southard, Public Information and Legisltive Affairs Officer (“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:
SEARLE CREATIVE GROUP LLC
Attn: Kellie Meehan
1802 Eastman Ave, Suite 111
Ventura, CA 93003
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Philip Southard, Public Information and Legisltive Affairs Officer 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.
Item Title: 10.6
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__________________________________________
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.
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 Item Title: 10.6
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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:
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Kellie Meehan, Owner
Kellie Meehan, Chief Financial Officer
[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 On-Call Graphic Design Services in the combined aggregate amount not to exceed FORTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00) for each year of the initial term to all Performing Consultants, as well as for the First, Second, and Third Renewal Terms. Services shall include On-Call Graphic Design Services in the combined amount to both Performing Consultants not to exceed the following amounts, as further detailed on the following pages:
1. Initial Term: An aggregate sum not to exceed EIGHTY THOUSAND DOLLARS AND ZERO CENTS ($80,000.00); and
2. First Renewal Term: For a maximum aggregate sum not to exceed FOURTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00); and
3. Second Renewal Term: For a maximum aggregate sum not to exceed FOURTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00); and
4. Third Renewal Term: For a maximum aggregate sum not to exceed FOURTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00).
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7630421.2 a05/18/23 EXHIBIT A.
Searle Creative Group
Services shall include the development of original graphic content as needed for internal and external campaigns, programs, collateral materials, and agency communication including but not limited to the following:
• Fact Sheets
• Logos
• PowerPoints
• Email Graphics
• Print and Digital Ads
• Infographics
• Flyers
• Brochures
• Newsletters
• Banners
• Direct Mail
• Promotional Item Design
FEE SCHEDULE:
Title Hourly Rate
All staff services are billed at the same rate $105
An estimate of the time and resources required to complete each graphic design project (following the hourly rate schedule shown above) will be provided based upon scope of work established by the City.
The City agrees and acknowledges that the hourly rates stated above may be increased each Renewal Term in the amount of the lesser of 3% or the percentage change in the Consumer Price Index published for the area of Los Angeles, Riverside, and Anaheim (“CPI”) over the previous 12 months.
Item Title: 10.6
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CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
ON-CALL GRAPHIC DESIGN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and TRIPEPI SMITH AND ASSOCIATES, a S Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on August 2, 2023 and shall end on June 30, 2025 (“Initial Term”). Upon termination of the Initial Term, this Agreement shall automatically renew for one (1) additional one (1) year term (“First Renewal Term”), unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. Upon termination of the First Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Second Renewal Term”), unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. Upon the termination of the Second Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Third Renewal Term”), unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The Initial Term and any renewal term which actually occurs shall be collectively referred to in this Agreement as the “term”. 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. 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.
1.2 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.
Item Title: 10.6
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1.3 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
1.4 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.
1.5 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.
Consultant is one (1) of three (3) consultants performing the Services on behalf of the City (each a “Performing Consultant,”) and shall be compensated as provided herein for the Services performed by Consultant. Consultant hereby acknowledges that Consultant is one (1) of three (3) Performing Consultants and that no one (1) Performing Consultant is entitled to or guaranteed any particular quantity of work required for the Services. Notwithstanding any contrary indications that may be contained in Consultant’s proposal, City hereby agrees to pay Consultant as follows, provided that the sums listed herein shall be the maximum compensation available to all Performing Consultants combined, in the aggregate for the initial and first, second, and third renewal terms:
1. Initial Term: An aggregate sum not to exceed EIGHTY THOUSAND DOLLARS AND ZERO CENTS ($80,000.00); and
2. First Renewal Term: For a maximum aggregate sum not to exceed FORTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00); and
3. Second Renewal Term: For a maximum aggregate sum not to exceed FORTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00); and
4. Third Renewal Term: For a maximum aggregate sum not to exceed FORTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00).
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.
Item Title: 10.6
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2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
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 Item Title: 10.6
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Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not 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 Item Title: 10.6
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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 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.
Item Title: 10.6
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Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. 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: ON- CALL GRAPHIC DESIGN SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance Item Title: 10.6
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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.
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:
Item Title: 10.6
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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.
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 Item Title: 10.6
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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 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 Item Title: 10.6
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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.
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.
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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.
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 Item Title: 10.6
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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.
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.
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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 Ryder Todd Smith (“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, Philip Southard, Public Information and Legisltive Affairs Officer (“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:
TRIPEPI SMITH AND ASSOCIATES
Attn: Ryder Todd Smith
PO BOX 52152
IRVINE, CA 92619
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Philip Southard, Public Information and Legisltive Affairs Officer 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.
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__________________________________________
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.
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 Item Title: 10.6
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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:
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Ryder Todd Smith, CEO & President
Nicole Smith, CFO
[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 On-Call Graphic Design Services in the combined aggregate amount not to exceed FORTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00) for each year of the initial term to all Performing Consultants, as well as for the First, Second, and Third Renewal Terms. Services shall include On-Call Graphic Design Services in the combined amount to both Performing Consultants not to exceed the following amounts, as further detailed on the following pages:
5. Initial Term: An aggregate sum not to exceed EIGHTY THOUSAND DOLLARS AND ZERO CENTS ($80,000.00); and
6. First Renewal Term: For a maximum aggregate sum not to exceed FORTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00); and
7. Second Renewal Term: For a maximum aggregate sum not to exceed FORTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00); and
8. Third Renewal Term: For a maximum aggregate sum not to exceed FORTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00).
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Tripepi Smith
Services shall include the development of original graphic content as needed for internal and external campaigns, programs, collateral materials, and agency communication including but not limited to the following:
• Fact Sheets
• Logos
• PowerPoints
• Email Graphics
• Print and Digital Ads
• Infographics
• Flyers
• Brochures
• Newsletters
• Banners
• Direct Mail
• Promotional Item Design
FEE SCHEDULE:
Title Hourly Rate
Principal $350
Director $240
Creative Director $240
Web Developer $195
Senior Business Analyst $190
Business Analyst $130
Junior Business Analyst $105
Senior Graphic Designer $175
Graphic Designer $120
Junior Graphic Designer $105
An estimate of the time and resources required to complete each graphic design project (following the hourly rate schedule shown above) will be provided based upon scope of work established by the City.
The City agrees and acknowledges that the hourly rates stated above may be increased each Renewal Term in the amount of the lesser of 3% or the percentage change in the Consumer Price Index published for the area of Los Angeles, Riverside, and Anaheim (“CPI”) over the previous 12 months.
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CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
ON-CALL GRAPHIC DESIGN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and MIND AND MILL LLC, a California S- Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on August 2, 2023 and shall end on June 30, 2025 (“Initial Term”). Upon termination of the Initial Term, this Agreement shall automatically renew for one (1) additional one (1) year term (“First Renewal Term”), unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. Upon termination of the First Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Second Renewal Term”), unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. Upon the termination of the Second Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Third Renewal Term”), unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The Initial Term and any renewal term which actually occurs shall be collectively referred to in this Agreement as the “term”. 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.
Item Title: 10.6
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1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
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.
Consultant is one (1) of three (3) consultants performing the Services on behalf of the City (each a “Performing Consultant,”) and shall be compensated as provided herein for the Services performed by Consultant. Consultant hereby acknowledges that Consultant is one (1) of three (3) Performing Consultants and that no one (1) Performing Consultant is entitled to or guaranteed any particular quantity of work required for the Services. Notwithstanding any contrary indications that may be contained in Consultant’s proposal, City hereby agrees to pay Consultant as follows, provided that the sums listed herein shall be the maximum compensation available to all Performing Consultants combined, in the aggregate for the initial and first, second, and third renewal terms:
1. Initial Term: An aggregate sum not to exceed EIGHTY THOUSAND DOLLARS AND ZERO CENTS ($80,000.00); and
2. First Renewal Term: For a maximum aggregate sum not to exceed FOURTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00); and
3. Second Renewal Term: For a maximum aggregate sum not to exceed FOURTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00); and
4. Third Renewal Term: For a maximum aggregate sum not to exceed FOURTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00).
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.
Item Title: 10.6
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2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
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 Item Title: 10.6
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Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not 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 Item Title: 10.6
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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 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.
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Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. 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: ON- CALL GRAPHIC DESIGN SERVICES. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance Item Title: 10.6
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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.
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:
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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.
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 Item Title: 10.6
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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 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 Item Title: 10.6
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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.
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.
Item Title: 10.6
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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.
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 Item Title: 10.6
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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.
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.
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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 Joshua Mauldin (“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, Philip Southard, Public Information and Legisltive Affairs Officer (“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:
MIND AND MILL LLC
Attn: Joshua Mauldin
3615 MAIN STREET, SUITE 103
RIVERSIDE, CA 92501
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Philip Southard, Public Information and Legisltive Affairs Officer 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.
Item Title: 10.6
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__________________________________________
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.
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 Item Title: 10.6
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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:
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Joshua Mauldin, Owner
Timothy Jackson, Partner
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.6
Agreements with Searle Creative Group, Tripepi Smith and Associates, and Mind and Mill for On-Call Graphic Design Services
Item Page Number: 56
Menifee Mayor and City Council
August 2, 2023
Page
155 of 729
2671/031858-0001
7630421.2 a05/18/23
EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include On-Call Graphic Design Services in the combined aggregate amount not to exceed FORTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00) for each year of the initial term to all Performing Consultants, as well as for the First, Second, and Third Renewal Terms. Services shall include On-Call Graphic Design Services in the combined amount to both Performing Consultants not to exceed the following amounts, as further detailed on the following pages:
1. Initial Term: An aggregate sum not to exceed EIGHTY THOUSAND DOLLARS AND ZERO CENTS ($80,000.00); and
2. First Renewal Term: For a maximum aggregate sum not to exceed FOURTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00); and
3. Second Renewal Term: For a maximum aggregate sum not to exceed FOURTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00); and
4. Third Renewal Term: For a maximum aggregate sum not to exceed FOURTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00).
Item Title: 10.6
Agreements with Searle Creative Group, Tripepi Smith and Associates, and Mind and Mill for On-Call Graphic Design Services
Item Page Number: 57
Menifee Mayor and City Council
August 2, 2023
Page
156 of 729
2671/031858-0001
7630421.2 a05/18/23 EXHIBIT A.
Mind & Mill LLC
Services shall include the development of original graphic content as needed for internal and external campaigns, programs, collateral materials, and agency communication including but not limited to the following:
• Fact Sheets
• Logos
• PowerPoints
• Email Graphics
• Print and Digital Ads
• Infographics
• Flyers
• Brochures
• Newsletters
• Banners
• Direct Mail
• Promotional Item Design
FEE SCHEDULE:
Title Hourly Rate
Project Manager $110
Graphic Design $128
Support – Content Transfer $68
An estimate of the time and resources required to complete each graphic design project (following the hourly rate schedule shown above) will be provided based upon scope of work established by the City.
The City agrees and acknowledges that the hourly rates stated above may be increased each Renewal Term in the amount of the lesser of 3% or the percentage change in the Consumer Price Index published for the area of Los Angeles, Riverside, and Anaheim (“CPI”) over the previous 12 months
Item Title: 10.6
Agreements with Searle Creative Group, Tripepi Smith and Associates, and Mind and Mill for On-Call Graphic Design Services
Item Page Number: 58
Menifee Mayor and City Council
August 2, 2023
Page
157 of 729
CITY OF MENIFEE
SUBJECT: Agreement with Kimley-Horn and Associates, Inc. for the Garbani Road / I-215 Interchange Project, Capital
Improvement Program No. 20-05
MEETING DATE: August 2, 2023
TO: Mayor and City Council
PREPARED BY: Haile Ford, Special Project Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. in an amount not-to-exceed $87,039.18 for the Garbani Road / I-215 Interchange Project, Capital Improvement Program No. 20-05.
DISCUSSION
The Garbani Road / I-215 Interchange Project, Capital Improvement Program (CIP) No. 20-05 is a priority infrastructure project needed to support the growing traffic demands of current and future development within the City. The Project would address transportation network capacity traffic volumes that are currently being exceeded due to the absence of east/west connectivity at Garbani Road and several other locations throughout the City.
In May 2020, a Feasibility Study was completed which established a Purpose-and-Need Statement for the Project, provided a preliminary traffic study, and identified a list of preliminary design alternatives for the Project. The Project is currently in the project development phase of preparing a Project Initiation Document (PID), which is the initial step in establishing a preliminary design.
In May 2021, staff conducted a Request for Proposal to select a firm for the engineering services required to complete the PID phase. On September 15, 2021, City Council approved and authorized the City Manager to enter into a Professional Services Agreement (PSA) with Kimley- Horn and Associates, Inc. to provide PID engineering services. The term of the original PSA expired on December 31, 2022, and is no longer eligible to be amended. Due to staffing changes, the expiration of the contract was overlooked, and a new PSA must be established with the Consultant to continue providing the remaining engineering services needed for the Item Title: 10.7
Agreement with Kimley-Horn and Associates, Inc. for the Garbani Road / I-215 Interchange Project, Capital Improvement Program No. 20-05
Item Page Number: 1
Menifee Mayor and City Council
August 2, 2023
Page
158 of 729
City of Menifee Staff Report
PSA - Kimley-Horn and Associates for CIP 20-05
August 2, 2023