Agenda packet — Menifee City Council, October 4, 2023 (part 3 of 3)

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FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Final Map
Item Title: 10.8
Final Map for Tract Map 37131-2, Rockport Ranch, by Lennar Homes of California, LLC Item Page Number: 2
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Item Title: 10.8
Final Map for Tract Map 37131-2, Rockport Ranch, by Lennar Homes of California, LLC Item Page Number: 3
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TRES LAGOSLAGOS DRIVE

MENIFEE ROAD BRIGGS ROAD

OLD NEWPORT ROAD

DRIVETRES

BASIS OF BEARINGSSURVEYOR'S NOTES

ENVIRONMENTAL CONSTRAINT NOTEEASEMENT NOTESCFD NOTECC&RS NOTESURVEYOR'S LEGEND Item Title: 10.8
Final Map for Tract Map 37131-2, Rockport Ranch, by Lennar Homes of California, LLC Item Page Number: 4
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TRES LAGOS DRIVEOLD NEWPORT ROAD

BRIGGS ROAD

ADRIFT LANE

SUNSET PIER DRIVEADRIFT LANEADRIFT LANEAQUARIUSCOURT

BALLAST ROAD

WATERLINE DRIVEBALLAST ROADWATERLINE DRIVE
LEGEND
Item Title: 10.8
Final Map for Tract Map 37131-2, Rockport Ranch, by Lennar Homes of California, LLC Item Page Number: 5
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OLD NEWPORT ROAD

BRIGGS ROAD

BALLAST ROAD

ADRIFT LANE

ADRIFT LANEAQUARIUSCOURT

SUNSET PIER DRIVE(PRIVATE STREET)(PRIVATE STREET)
(PRIVATE
(PRIVATE STREET)(PRIVATE STREET)

STREET)

ADRIFT LANE(PRIVATE STREET)

ADRIFT LANE
LEGEND
Item Title: 10.8
Final Map for Tract Map 37131-2, Rockport Ranch, by Lennar Homes of California, LLC Item Page Number: 6
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BRIGGS ROAD

TRES LAGOS DRIVEBALLAST ROAD

BALLAST ROAD(PRIVATE STREET)
(PRIVATE STREET)

WATERLINE DRIVE(PRIVATE STREET)

WATERLINE DRIVE(PRIVATE STREET)SUNSET PIER DRIVE
LEGEND
Item Title: 10.8
Final Map for Tract Map 37131-2, Rockport Ranch, by Lennar Homes of California, LLC Item Page Number: 7
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SUNSET PIER DRIVE

AQUARIUS

ADRIFT LANE

SUNSET PIER DRIVE
(PRIVATE STREET)
(PRIVATE STREET)
(PRIVATE STREET)
(PRIVATE STREET)COURT(PUBLIC STREET)BRIGGS ROAD
LEGEND
Item Title: 10.8
Final Map for Tract Map 37131-2, Rockport Ranch, by Lennar Homes of California, LLC Item Page Number: 8
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ADRIFT LANE

SUNSET PIER DRIVE

ADRIFT LANE(PRIVATE STREET)
(PRIVATE STREET)
(PRIVATE STREET)(PUBLIC STREET)BRIGGS ROAD
LEGEND
Item Title: 10.8
Final Map for Tract Map 37131-2, Rockport Ranch, by Lennar Homes of California, LLC Item Page Number: 9
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SUNSET PIER DRIVEBALLAST ROADWATERLINE DRIVE

ADRIFT LANE
(PRIVATE STREET)(PRIVATE STREET)
(PRIVATE STREET)(PUBLIC STREET)BRIGGS ROAD
(PRIVATE STREET)
LEGEND
Item Title: 10.8
Final Map for Tract Map 37131-2, Rockport Ranch, by Lennar Homes of California, LLC Item Page Number: 10
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WATERLINE DRIVE(PRIVATE STREET)(PUBLIC STREET)

BRIGGS ROADLEGEND
Item Title: 10.8
Final Map for Tract Map 37131-2, Rockport Ranch, by Lennar Homes of California, LLC Item Page Number: 11
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(PUBLIC STREET)

WATERLINE DRIVE(PRIVATE STREET)(PUBLIC STREET)BRIGGS ROAD

TRES LAGOS DRIVE
LEGEND
Item Title: 10.8
Final Map for Tract Map 37131-2, Rockport Ranch, by Lennar Homes of California, LLC Item Page Number: 12
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BALLAST ROADWATERLINE DRIVE(PRIVATE STREET)(PRIVATE STREET)(PRIVATE STREET) (PUBLIC STREET)TRES LAGOS DRIVE
LEGEND
Item Title: 10.8
Final Map for Tract Map 37131-2, Rockport Ranch, by Lennar Homes of California, LLC Item Page Number: 13
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TRES LAGOS DRIVE

BRIGGS ROAD

OLD NEWPORT ROADADRIFT LANE

ADRIFT LANESUNSET PIER DRIVEAQUARIUS COURTBALLAST ROAD

BALLAST ROAD

WATERLINE DRIVEADRIFT LANE

ENVIRONMENTAL CONSTRAINT SHEET

Item Title: 10.8
Final Map for Tract Map 37131-2, Rockport Ranch, by Lennar Homes of California, LLC Item Page Number: 14
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CITY OF MENIFEE
SUBJECT: Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC
MEETING DATE: October 4, 2023
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Senior 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 the replacement Public Improvement Agreements with Scott Road Property, LLC to guarantee the completion of required public improvements associated with the Scott Road Commerce Center II project, located east of Zeiders Road and south of Ciccotti Street; and

2. Authorize the City Engineer to release 100% of the original posted securities with Scott Road Partners, LLC.

DISCUSSION
Scott Road Commerce Center II (“Project”) is an industrial development comprised of three parcels of land with a total of 37.8 acres. The Project is located east of Zeiders Road and south of Ciccotti Street. On January 18, 2023, the City Council approved Public Improvement Agreements (“PIAs”) for street, drainage and water systems with Scott Road Partners, LLC (“SRP III”).to guarantee the construction of these public improvements as required by the Project’s conditions of approval. Improvement securities were also posted for the Project at that time.

The Project has now been transferred to a new developer, Scott Road Property, LLC (“Developer”), who has requested approval of replacement PIAs for the required streets, drainage, and water system improvements within the public right-of-way. The replacement PIAs also require that improvement securities be posted to guarantee the completion of the required public improvements within 24 months from the City Council approval date of the agreement. Based on the ownership transfer of the Project, SRP III has also requested release of their originally posted securities currently held for street, drainage, and water system improvements.

Item Title: 10.9
Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 1
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City of Menifee Staff Report
SRCC II, Replacement Public Improvement Agreements
October 4, 2023

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Staff have reviewed both requests and determined that the replacement PIAs meet the requirements of the Project’s conditions, confirmed that new improvement securities have been posted, and verified that the original securities held for the Project may be released. A summary of the replacement securities is provided in Table No. 1 below. A summary of the originally posted securities eligible for full release is provided in Table No. 2 below.

Table No. 1 - Replacement Public Improvement Securities Improvement Security Faithful Performance Labor & Materials Streets and Drainage 9313214 $ 228,500 $ 114,250
Water System 9313214 $ 71,000 $ 35,500
Total $ 299,500 $ 149,750
Table No. 2 - Original Public Improvement Securities
Improvement Security Faithful Performance Labor & Materials Streets and Drainage CMS0348759 $ 228,500 $ 114,250
Water System CMS0348759 $ 71,000 $ 35,500
Total $ 299,500 $ 149,750

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Project Map

2. Replacement Public Improvement Agreement – Streets and Drainage

3. Replacement Public Improvement Agreement – Water System

4. Replacement Bonds

5. Original Public Improvement Agreement – Streets and Drainage

6. Original Public Improvement Agreement – Water System

7. Original Bonds
Item Title: 10.9
Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 2
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VICINITY MAP

PROJECT MAP
Item Title: 10.9
Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 3
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Item Title: 10.9
Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 4
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Item Title: 10.9
Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 5
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Item Title: 10.9
Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 6
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Item Title: 10.9
Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 7
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Item Title: 10.9
Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 8
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Item Title: 10.9
Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 9
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Item Title: 10.9
Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 10
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 11
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Item Title: 10.9
Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 12
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 13
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 14
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 15
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 16
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 17
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 18
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 19
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 20
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 21
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 22
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 23
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 24
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 25
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 26
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 27
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 28
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 29
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 30
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 31
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 32
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 33
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 34
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 35
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 36
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Agreement and Bond Replacements for Scott Road Commerce Center II, Scott Road Property LLC Item Page Number: 51
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CITY OF MENIFEE
SUBJECT: Establishment of a Comparator Agencies List for the City’s Comprehensive Classification and Compensation Study
MEETING DATE: October 4, 2023
TO: Mayor and City Council
PREPARED BY: Bryan Melton, Human Resource Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Approve the list of Comparator Agencies, as recommended by Koff & Associates, a division of Arthur J. Gallagher & Co., for the City of Menifee Comprehensive Classification and Compensation Study.

DISCUSSION
On June 15, 2022, the City Council approved a Professional Services Agreement with Koff & Associates, Inc. (“Koff”) for the Comprehensive Classification & Compensation Study (“Study”) for a total cost of $224,230. The City Council subsequently approved Amendment No. 1 on June 21, 2023, extending the term of the Professional Services Agreement to December 31, 2023.

As part of the compensation component of the Study, Koff conducted an analysis of comparator agencies to identify those most logically aligned with the City of Menifee. The following criteria were used in their comparison analysis: geographic proximity, population, number of full-time equivalent employees, general fund expenditure, cost of living, Transient Occupancy Tax (TOT) percentage of expenditures, and comparable services. In the attached Menifee Comparator Analysis and Table 1 on the following page, a lower score indicates a strong comparison to the City of Menifee, while a higher score indicates a weaker comparison.

After Koff’s analysis and in collaboration with the City’s six recognized bargaining units, the 12 highlighted/bold agencies in Table 1 on the following page are recommended for comparison.

Item Title: 10.10
Establishment of a Comparator Agencies List for the City’s Comprehensive Classification and Compensation Study
Item Page Number: 1
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City of Menifee Staff Report
Establishment of Comparator Agencies for Classification and Compensation Study October 4, 2023

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Table 1. Comparator Agency Summary
Ranking Comparator Agency Overall Comparison Score
City of Menifee*

1. City of Murrieta* 41

2. City of Chino* 51

3. City of Lake Elsinore 52

4. City of Perris 58

5. City of Redlands* 61

6. City of Vista 63

7. City of Upland* 66

8. City of Temecula 67

9. City of Beaumont* 73

10. City of Moreno Valley 75

11. City of Hemet* 76

12. City of Escondido* 82

13. City of Indio* 84

14. City of Wildomar 86

15. City of Corona* 87

16. City of Banning* 92

17. City of Palm Springs* 93

18. City of Riverside* 108

19. City of Oceanside* 113

20. Riverside County Sheriff’s Office* 115

21. City of Carlsbad* 125
* Indicates agency with City Police Department (i.e. not contracted out) While the cities of Lake Elsinore, Perris, and Vista were compared closely with Menifee, Koff recommended they be exchanged with the cities of Indio, Corona, and Palm Springs to provide a more robust dataset for sworn and non-sworn Police classifications.

Additionally, consideration was given to those agencies without their own Police Department that are in direct competition for the same workforce as the City of Menifee. These agencies are more relevant to the City’s overall operations from a recruitment and retention perspective.

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

Item Title: 10.10
Establishment of a Comparator Agencies List for the City’s Comprehensive Classification and Compensation Study
Item Page Number: 2
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City of Menifee Staff Report
Establishment of Comparator Agencies for Classification and Compensation Study October 4, 2023

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ATTACHMENTS

1. Menifee Comparator Analysis
Item Title: 10.10
Establishment of a Comparator Agencies List for the City’s Comprehensive Classification and Compensation Study
Item Page Number: 3
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To: Jonathan Nicks, Deputy City Manager
Natalie Jacobs, Human Resources Supervisor
From: Kari Mercer, Project Manager
Subject: Comparator Agency Analysis for the Total Compensation Study Date: J uly 27, 2023
Ko
ff & Associates (K&A) evaluated several comparative indicators related to the City of Menifee’s demographics, financials, and scope of services to develop a list of potential agencies for the compensation study. The methodology and specific criteria used in the analysis follows.

1. O
rganizational type and structure: K&A generally recommends that agencies of a similar size and structure providing similar services to that of the City be used as comparators.

No
te: Because technical job classifications perform similar work across agencies, organizational size is not critical. The difference in size of an organization becomes more important when comparing management classes. Factors such as management of a large staff, consequence of error, the political nature of the job and its visibility all increase with organizational size. When it is difficult to find agencies that are similar in size, a good balance of smaller and larger agencies is used instead.

2. S
taff, operational budgets, scope of services and population: S taff and operational budget size determine the amount of resources available for the agencies to provide services, and population size accounts for the ratio of resources to constituents served. Organizations providing the same services are ideal for comparison; therefore, most comparator agencies included provide similar services to the City. Specifically, K&A focused on whether agencies provide the following:
 E
conomic Development
 Engineering
 Information Technology
 Planning
 Police
 Recreation

3. G
eographic location and l abor market: Today’s labor market reality is that many agencies are in competition for the same pool of qualified employees because large portions of the workforce don’t live in the communities they serve, are accustomed to lengthy commutes, and are more likely to consider changing jobs in a larger geographic area than in the past. Therefore, the geographic labor market area where the City may be recruiting from or losing employees to, is taken into consideration when selecting comparator organizations.

T
he comparator agency analysis includes specific data for each proposed agency:

1. Ge
ographic Proximity

2. Population Served

3. Full-Time Equivalent (FTE)

4. General Fund Expenditures

5. Transient Occupancy Tax Percentage to General Fund Expenditures

6. Cost of Living
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Establishment of a Comparator Agencies List for the City’s Comprehensive Classification and Compensation Study
Item Page Number: 4
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City of Menifee
Comparator Analysis

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2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com

7. Services Provided
Eac
h potential comparator is ranked based on the overall similarity to the City, and the Top Ranked List of Comparators represents a summary of the rankings for each of the data factors listed above. The top ranked agencies are those agencies that were identified as being most similar in profile to the City , and they are provided in Table 1 below:

Ta
ble 1. Top 12 Ranked Agencies
Rank Comparator Agency
Overall
Comparison
Score
1 City of Murrieta 41
2 City of Chino 51
3 City of Lake Elsinore 52
4 City of Perris 58
5 City of Redlands 61
6 City of Vista 63
7 City of Upland 66
8 City of Temecula 67
9 City of Beaumont 73
10 City of Moreno Valley 75
11 City of Hemet 76
12 City of Escondido 82
Th
e ultimate objective of this exercise is to identify which twelve (12) agencies will be utilized as the City’s labor market for the purpose of comparison of the City’s salary and benefits. Accordingly, in addition to identifying those agencies which are most similar to the City in overall profile, we are seeking to identify a group of agencies that will be fruitful for matching to the City’s benchmark classifications and which are most relevant to the City’s business operations overall. For the most part, the top 12 agencies have similar services to the City when considering the service areas listed in section 2 of this memo with the exception of Police services. Of the 12 agencies, 5 agencies provide Police services through contract with another agency and therefore will not be fruitful for collecting data on any of the sworn and nonsworn Police classifications for the City. In order to provide a more robust dataset for these classifications, our recommendation is to exchange one of the top 12 agencies that contracts Police services for one of th e lower-ranked agencies that has a Police Department.

I
n addition, when considering the relevance to the City ’s business operations, consideration should be given to those agencies which are in direct competition for the same workforce as t he City. While some agencies may rank more closely to the City in overall p rofile, there may be agencies that do not rank as high but are more relevant to the City’s overall operations from a recruitment and retention perspective.

W
ith these factors in mind, an alternative list of agencies is presented for consideration in Table 2 below.

This alternative list provides for an additional agency with a Police Department, and is more aligned with Item Title: 10.10
Establishment of a Comparator Agencies List for the City’s Comprehensive Classification and Compensation Study
Item Page Number: 5
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City of Menifee
Comparator Analysis

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2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com the City’s business operations from the perspective of City stakeholder groups (e.g., bargaining units, City management, etc.).

Ta
ble 2. Alternative Labor Market Group
Rank Comparator Agency Overall
Comparison Score
1 City of Murrieta 41
2 City of Chino 51
5 City of Redlands 61
7 City of Palm Springs
66 8
City of Riverside
67 9
City of Upland
73 10
City of Temecula
75 12
City of Beaumont
82 13
City of Moreno Valley
84 15
City of Escondido
87 17
City of Indio
93 18
City of Corona
108
In the grouping in Table 2, to provide a more robust dataset for sworn and non-sworn Police classifications, the cities of Lake Elsinore, Perris, and Vista were replaced with the cities of Indio, Corona, and Palm Springs. Additionally, consideration was given to those agencies without their own Police Department that are in direct competition for the same workforce as the City of Menifee. These agencies are more relevant to the City’s overall operations from a recruitment and retention perspective.

Item Title: 10.10
Establishment of a Comparator Agencies List for the City’s Comprehensive Classification and Compensation Study
Item Page Number: 6
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CITY OF MENIFEE
SUBJECT: Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101
MEETING DATE: October 4, 2023
TO: Mayor and City Council
PREPARED BY: Steve Strapac, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Adopt a resolution approving reversion to acreage as per Parcel Map No. 38627 and authorizing the discharge of a Subdivsion Lien Agreement associated with former Tract Map No. 32101; and

2. Authorize the City Clerk to file the adopted resolution with the Riverside County Recorder’s Office, discharging the existing Subdivision Lien Agreement; and

3. Authorize the City Manager to execute all other documents necessary to facilitate the discharge of the existing Subdivision Lien Agreement associated with Tract Map No. 32101.

DISCUSSION
Background
On March 29, 2005, prior to City incorporation, the Riverside County Board of Supervisors approved Tentative Tract Map No. 32101 for the residential development of property located south of Domenigoni Parkway and west of Briggs Road. On August 5, 2015, the City Council approved Final Tract Map No. 32101 (TM 32101), also known as Banner Park South (“Project”); a subdivision of approximately 58 acres of land into 197 single family residential units with additional lettered lots “A” through “M”. TM 32101 was recorded on August 18, 2015. No development has occurred on the Project as of the date of this report.

Reversion to Acreage
On December 14, 2022, the Project owner, Diamond Brothers Five Partnership, LP (“Developer”), submitted Parcel Map No. 38627 (PM 38627) to the City along with an application to request the reversion to acreage of TM 32101.

Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 1
Menifee Mayor and City Council
October 4, 2023
Page
432 of 547

City of Menifee Staff Report
PM 38627, Banner Park South Acreage Reversion
October 4, 2023

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A reversion to acreage is the action taken to void a previous subdivision in order to revert the platted lots within the subdivision to the original parcel(s) which existed prior to the subdivision.

Pursuant to the provisions of California Government Code (CA Gov’t Code) §§66499.11 et seq. as well as the City of Menifee Municipal Code §7.60 “Reversion to Acreage”, a request for reversion to acreage may be initiated by the City, or by petition from the owners of a property, and requires the filing of a “final or parcel map” specifically designated for the purpose of a reversion to acreage.

The purpose for the Developer’s reversion to acreage request is to remove the previously recorded parcel and lot designations associated with TM 32101 to allow the Developer to establish a new tentative tract map for the Project. If approved, and following the recordation of PM 38627, the Developer would submit a new tentative tract map that would remain substantially consistent with the general configuration of TM 32101. The new tentative tract map would incorporate changes to increase the distance of planned development away from existing high- power electric lines that currently run parallel to the extension of Briggs Road along the eastern perimeter of the Project.

While the Developer could have opted to file a new tract map on top of TM 32101 with a new layout, reverting the property to acreage provides a clean starting point for reestablishing a new tract map and would help prevent underlying title issues in the future that may result if both the “old” map and new tract map remained on record simultaneously.

Lien Agreement
At the time TM 32101 was approved, the City Council also approved entering into the attached Lien Agreement to provide securities for the Developer’s obligation to complete public improvements conditioned for the Project. As a result of the reversion to acreage request, a discharge of this Lien Agreement should be recorded with the Riverside County Recorder’s Office to release the lien associated with the older map. New securities would be established through a future subdivision improvement agreement, performance bonds, and/or lien documents when a future tract map for the Project is accepted.

Staff has reviewed the attached reversion to acreage application, evaluated PM 38627 for the purpose of reversion, and confirmed that all documentation has been provided by the Developer as required by the reversion to acreage process. The Developer remains the sole owner of the underlying parcels except for land previously dedicated to the City for park purposes. The portion of land previously dedicated to the City would remain as established with all easements for utilities. PM 38627 meets all requirements of the CA Gov’t Code and Municipal Code for reversion to acreage.

Notice of Public Hearing
The attached Notice of Public Hearing (“Notice”) was published in the Press Enterprise on August 24, 2023, and mailed to all property owners within 300’ of the Project’s property boundaries, as required by CA Gov’t Code. The Notice was also mailed electronically and via standard mail to local public and private utilities agencies, communication agencies, public safety agencies, and other City departments on August 22, 2023.

Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 2
Menifee Mayor and City Council
October 4, 2023
Page
433 of 547

City of Menifee Staff Report
PM 38627, Banner Park South Acreage Reversion
October 4, 2023

Page 3 of 3 ends

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STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the proposed reversion to acreage. Developer has submitted all fees associated with the reversion of acreage application processing.

ATTACHMENTS

1. Resolution

2. Tract Map 32101

3. Notice of Public Hearing
Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 3
Menifee Mayor and City Council
October 4, 2023
Page
434 of 547

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/54/55/49/33/55/i255/40/33/i255/40/46/49/39/i255/55/47/56/47/55/39/49/33/34/i255/40/33/i255/53/51/55/47/53/38/47/i255/54/55/33/51/47/47/57/49/34/38/61/i255/75/47/39/47/55/56/53/40/49/33/34/39/i255/33/66/i255/53/34/50/i255/47/53/39/47/70/47/34/40/39/i255/53/55/47/i255/70/53/57/47/i255/49/34/i255/53/51/51/33/55/57/53/34/51/47/i255 /73/49/40/46/i255/40/46/47/i255/54/55/33/56/49/39/49/33/34/39/i255/33/55/i255/69/49/56/49/39/49/33/34/i255/67/42/i255/71/53/55/40/i255/62/42/i255/48/46/53/54/40/47/55/i255/41/42/i255/36/55/40/49/51/52/47/i255/45/42/i255/33/66/i255/40/46/47/i255/81/40/55/47/47/40/39/i255/53/34/57/i255/88/49/38/46/73/53/50/39/i255/48/33/57/47/i255/33/66/i255/40/46/47/i255 /81/40/53/40/47/i255/33/66/i255/48/53/52/49/66/33/55/34/49/53/61 /2/96/97/98/99/100/101/i255/110/10/i255/i255/58/46/47/i255/48/49/40/50/i255/48/33/37/34/51/49/52/i255/66/49/34/57/39/i255/40/46/49/39/i255/75/47/39/33/52/37/40/49/33/34/i255/49/39/i255/34/33/40/i255/39/37/65/91/47/51/40/i255/40/33/i255/40/46/47/i255/48/53/52/49/66/33/55/34/49/53/i255/89/34/56/49/55/33/34/70/47/34/40/53/52/i255/111/37/53/52/49/40/50/i255 Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 4
Menifee Mayor and City Council
October 4, 2023
Page
435 of 547

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/43/12/18/12/11/i255/66/12/10/26/12/18/9/10/21/31/i255/5/9/2/15/i255/5/22/13/18/68/i255 /0/24/24/18/17/14/13/19/i255/12/16/i255/2/17/i255/27/17/18/28/67 /69/13/27/27/18/13/15/i255/48/29/i255/66/13/22/1/11/9/10/21/31/i255/5/9/2/15/i255/0/2/2/17/18/10/13/15 Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 5
Menifee Mayor and City Council
October 4, 2023
Page
436 of 547

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Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 6
Menifee Mayor and City Council
October 4, 2023
Page
437 of 547

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Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 7
Menifee Mayor and City Council
October 4, 2023
Page
438 of 547

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Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 8
Menifee Mayor and City Council
October 4, 2023
Page
439 of 547

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Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 9
Menifee Mayor and City Council
October 4, 2023
Page
440 of 547

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Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 10
Menifee Mayor and City Council
October 4, 2023
Page
441 of 547

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Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 11
Menifee Mayor and City Council
October 4, 2023
Page
442 of 547

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Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 12
Menifee Mayor and City Council
October 4, 2023
Page
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Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 13
Menifee Mayor and City Council
October 4, 2023
Page
444 of 547

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Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 14
Menifee Mayor and City Council
October 4, 2023
Page
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/49/6/16/3/63/i255
/0/10/21/51/i255
/28/43/43/64/2/43/65/i255
/42/36/10/15/i255/42/9/3/5/66/i255
/28/67/67/68/45/69/48/70/i255/28/2/i255/43/45/i255/46/45/68/47/71/i255 /72/73/74/75/76/77/78/i255/80/81/76/82/i255/83/84/85/86/77/i255/87/88/89/86/86/75/86/90/91/i255 /92/93/94/95/94/93/96/95/97/i255/99/93/i255
/70/0/28/47/45/49/70/i255/50/68/45/43/100/48/68/2/i255/46/0/69/64/i255/67/28/68/43/49/48/68/2/101/0/67/23/i255/39/67/i255 /6/i255/42/6/9/8/13/19/5/14/36/6/i255/9/8/16/36/10/3/25/i255/18/6/5/10/14/3/5/21/26/36/18/i255 Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 15
Menifee Mayor and City Council
October 4, 2023
Page
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Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 16
Menifee Mayor and City Council
October 4, 2023
Page
447 of 547

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/165/166/86/102/87/86/i255/76/72/133/78/79/i255/167/167/168/169/170/169/171/172/i255/80/68/82/94/i255/68/84/72/109/103/i255/173/79/80/i255/80/68/174/78/i255/175/176/76/86/i255/72/177/i255/82/68/119/111/i255/109/72/178/78/79/86/68/82/74/i255 /179/98/68/73/78/86/73/i255/72/122/i255/82/86/87/180/181/72/161/i255/182/183/184/i255/68/i255/129/185/82/150/68/76/87/86/i255/135/122/i255/186/187/188/189/190/191/i255/77/80/80/192/i255/78/72/i255/68/i255/71/72/193/76/194/i255/72/112/i255/195/196/80/i255 /82/72/98/69/146/118/68/82/197/86/73/84/198/i255/73/199/103/79/69/i255/72/122/i255/95/68/120/i255/200/201/76/86/i255/72/202/i255/111/72/203/86/141/119/103/72/76/204/i255/205/68/73/206/95/68/207/i255/208/209/169/210/211/167/212/i255/213/86/86/78/i255/119/115/i255 /214/98/84/84/i255/215/75/111/216/79/217/218/i255/219/82/i255/82/86/220/i255/202/72/73/78/146/i255/68/82/i255/71/68/73/221/222/223/i255/224/225/226/169/227/224/228/229/230/i255/119/112/i255/231/232/68/78/i255/87/86/73/78/68/233/141/i255/103/178/68/76/78/i255/234/86/86/235/i255 /236/135/i255/87/72/237/115/197/198/i255/72/238/i255/73/75/127/86/128/82/119/111/86/i255/178/86/87/72/73/129/80/129/i255/68/239/101/240/84/i255/241/242/243/i255/244/212/228/245/i255/68/82/i255/246/247/82/236/73/237/248/118/102/74/i255/76/72/249/i255/250/191/191/251/252 /212/253/254/255/0/1/2/3/i255/72/77/4/5/87/75/68/84/i255/6/86/87/72/73/111/82/i255/72/77/i255/178/75/127/86/73/82/7/8/86/i255/87/72/9/109/160/120/10/i255/87/68/84/119/11/72/73/109/75/68/12/i255/82/68/119/111/i255/71/72/119/102/236/i255/68/84/82/72/i255 /13/86/119/112/14/i255/72/15/i255/68/i255/141/72/16/17/220/68/76/14/86/109/78/i255/87/98/73/127/18/19/i255/87/72/112/87/68/127/86/i255/82/72/20/197/21/86/68/82/22/86/73/200/207/23/i255/79/68/127/24/76/103/i255/68/i255/73/68/111/25/98/82/i255 /72/26/i255/27/28/29/30/31/32/33/i255/202/86/80/34/35/i255/36/79/86/i255/128/68/111/75/68/84/i255/84/75/76/86/i255/37/72/i255/82/68/75/111/i255/38/72/75/247/37/i255/39/86/68/73/82/i255/102/72/178/236/146/i255/40/229/41/42/43/i255/44/91/45/46/i255/95/86/82/99/47/i255 /78/48/118/141/87/118/i255/82/72/49/50/79/51/222/82/99/118/178/84/120/i255/68/84/72/112/103/i255/82/68/52/111/i255/133/75/53/79/78/i255/72/77/i255/95/68/120/i255/84/75/102/86/i255/54/109/111/i255/68/200/72/141/143/i255/82/68/55/56/i255 /87/57/73/58/118/59/i255/78/72/i255/74/146/86/i255/200/118/122/160/60/i255/74/79/73/72/237/143/79/i255/68/i255/87/86/102/192/178/61/84/i255/68/76/62/84/86/i255/72/63/i255/190/64/65/169/163/66/67/33/68/69/i255/68/115/i255/68/73/87/i255/70/71/82/78/68/161/87/118/i255 /72/202/i255/73/228/229/74/75/30/i255/77/86/76/69/77/i255 /220/79/86/102/87/86/i255/78/86/68/127/79/76/143/i255/82/68/119/111/i255/82/72/80/131/79/86/68/82/78/86/81/84/120/i255/133/82/143/67/94/i255/72/83/i255/84/68/207/i255/84/75/102/86/i255/76/72/73/34/79/i255/169/85/169/212/86/191/87/88/i255/95/86/82/89/90/i255 /68/i255/111/75/82/78/68/91/87/86/i255/72/92/i255/93/91/94/91/226/i255/77/86/86/78/i255/78/72/i255/68/i255/95/72/201/161/78/i255/72/141/i255/99/79/86/i255/87/80/102/96/86/101/97/98/76/86/i255/72/122/i255/82/68/75/99/i255/111/72/248/86/109/100/62/72/115/75/i255 /71/68/73/101/95/68/102/103/i255/82/68/201/129/i255/104/72/105/76/220/i255/106/118/119/102/143/i255/72/109/i255/68/i255/102/72/76/107/78/68/76/103/86/108/69/i255/87/49/73/127/86/12/i255/87/72/109/87/68/109/80/i255 /82/72/147/74/146/86/68/82/69/86/73/110/198/111/i255/79/68/127/75/102/143/i255/68/i255/178/68/111/75/147/82/i255/112/77/i255/113/224/212/228/114/115/33/i255/122/116/86/160/117/i255/118/119/86/i255/120/68/99/121/68/122/i255/123/75/109/86/i255/160/72/i255/82/68/124/111/i255 /71/125/137/141/220/i255/39/118/68/73/82/i255/141/72/73/126/146/i255/253/33/127/128/129/169/212/130/i255/106/86/82/220/131/i255 /74/67/86/141/87/86/i255/82/72/132/192/79/95/86/82/74/86/73/133/120/i255/68/134/72/76/103/i255/82/68/135/111/i255/87/86/16/74/86/152/136/119/137/86/i255/68/102/99/i255/68/138/72/141/143/i255/82/68/119/129/i255/87/139/73/127/86/140/i255/74/72/i255 /141/142/143/i255/123/118/144/145/146/i255/220/146/128/147/147/148/146/i255/68/i255/149/86/141/74/73/68/200/i255/68/109/103/84/118/i255/150/77/i255/151/152/153/212/154/155/156/157/12/i255/68/161/i255/68/158/87/i255/159/124/160/78/68/102/87/80/i255/72/161/i255/162/163/191/164/165/166/i255 /122/167/168/169/170/i255
/171/79/172/173/87/86/i255/174/86/175/127/176/76/143/i255/82/68/177/159/i255/87/80/141/78/86/133/84/119/76/86/i255/82/72/178/150/179/i255/169/180/169/212/181/224/226/182/i255/86/68/82/74/90/i255/68/i255/129/75/82/66/68/183/87/86/i255/72/213/i255/184/163/185/156/186/i255/77/86/80/34/i255 /187/72/i255/188/146/118/i255/189/118/143/75/112/102/190/76/143/i255/72/202/i255/68/i255/150/68/76/103/80/112/78/i255/191/192/73/127/193/194/i255/87/72/102/87/68/127/80/i255/112/72/101/69/195/118/68/82/78/80/101/196/120/103/i255/197/68/127/198/102/103/i255/68/i255 /73/68/199/200/201/82/i255/72/202/i255/253/203/204/205/206/212/228/i255/11/207/86/99/208/i255 /195/146/86/102/209/86/i255/82/72/98/210/211/118/178/84/120/i255/68/212/72/102/213/i255/82/68/214/111/i255/87/49/73/215/118/216/i255/192/72/i255/231/67/118/i255/200/86/217/218/12/i255/236/67/73/72/237/103/67/i255/68/i255/87/86/141/192/73/68/219/i255 /68/76/220/221/118/i255/72/122/i255/222/223/224/225/226/169/227/228/229/i255/68/102/i255/68/73/87/i255/111/201/82/230/68/112/87/118/i255/72/122/i255/33/231/232/233/i255/234/86/86/220/i255/235/72/i255/68/i255/236/72/75/102/78/i255/72/141/i255/82/68/75/56/i255 /82/237/238/239/146/118/68/82/240/241/73/84/242/i255/73/75/143/243/220/i255/72/4/i255/95/68/120/i255/244/75/76/245/i255/72/77/i255/246/72/247/86/76/119/143/72/109/248/i255/71/68/249/206/106/68/198/12/i255/82/68/119/111/i255/250/72/251/141/99/i255/189/86/75/76/103/i255 /160/146/252/i255/13/86/253/201/76/102/75/141/254/i255/72/255/i255/68/i255/102/72/76/0/69/68/141/103/86/76/69/i255/1/192/128/2/118/3/i255/87/72/141/87/68/127/86/i255/82/72/98/4/79/86/68/82/150/86/73/5/120/6/i255/7/68/127/8/76/9/i255/68/i255 /128/10/11/12/98/82/i255/237/13/i255/14/15/203/16/17/18/33/i255/122/86/86/220/19/i255/74/20/118/i255/73/68/111/75/68/84/i255/84/75/141/86/i255/21/72/i255/82/68/119/111/i255/236/72/119/109/78/i255/39/118/68/22/82/i255/141/72/23/236/79/i255/24/151/25/26/27/28/91/228/29/i255 /30/116/31/22/32/i255
/33/34/35/36/i255/38/i255/39/40/41/i255
/42/43/44/45/46/i255/48/i255/49/50/51/46/52/53/54/55/56/57/58/59/60/61/62/i255/56/63/64/65/i255/66/67/68/69/70/71/72/i255 /73/74/75/76/77/78/i255/80/81/i255/82/83/84/85/i255/86/87/88/89/90/91/92/93/94/95/i255 Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 17
Menifee Mayor and City Council
October 4, 2023
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/34/35/36/i255/38/39/40/41/i255
/42/43/44/45/46/47/i255/49/50/i255/51/52/53/i255/54/55/56/57/58/59/60/61/62/55/i255 Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 18
Menifee Mayor and City Council
October 4, 2023
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/165/151/189/190/191/154/189/150/151/151/i255
/182/163/192/151/163/193/192/194/195/154/196/146/144/i255 Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 19
Menifee Mayor and City Council
October 4, 2023
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Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 20
Menifee Mayor and City Council
October 4, 2023
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Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 21
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Item Title: 11.1
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Item Title: 11.1
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Item Title: 11.1
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Item Title: 11.1
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NOTICE OF PUBLIC HEARING
TIME OF HEARING:

DATE OF HEARING:

PLACE OF HEARING:
6:00 p.m. or as soon as possible thereafter.

October 4, 2023

MENIFEE CITY COUNCIL CHAMBERS
29844 Haun Road, Menifee, CA 92586
A PUBLIC HEARING has been scheduled, pursuant to the City of Menifee Municipal Code, before the CITY OF MENIFEE CITY COUNCIL to consider the project shown below:

Project Title:

Parcel Map 38627 - Reversion to Acreage for
Tract Map 32101, Banner Park South, by
Diamond Brothers Five Partnership, LP
Project Location: The project site is located
south of Domenigoni Parkway and west of
Briggs Road within the Menifee Village Specific
Plan, in the City of Menifee.

The City Council will consider the following
project at a public hearing:

Parcel Map 38627, being a Reversion to Acreage of Lots 1 through 197, inclusive, a portion of lettered lot “A”, and all of the lettered lots “B” through “ M”, inclusive of Tract No. 32101, in the City of Menifee, County of Riverside, State of California, per map recorded in Book 446, Pages 42 through 49, inclusive, Official Records of Riverside County, State of California. Located in section 36, Township 5 South, Range 3 West, S.B.M.

Parcel Map 38627 is under consideration for reversion to acreage and would remove the previously recorded parcel and lot designations associated with the prior recorded tract map no. 32101 and would return the existing 197 single -family residential lots and various non-residential lots back to a single parcel.

Environmental Information:

The proposed Project does not include any physical changes to the Project site, nor is there any pending development anticipated as a result of the reversion to acreage ( “Project”). Therefore, staff has determined that the Project is exempt under the California Environmental Quality Act (CEQA) Guidelines, Title 14 of the California Code of Regulations Section 15061(b)(3), to which CEQA applies only to projects that have the potentia l for causing a significant effect on the environment. This exemption is based on the fact that it can be seen with certainty that there is no possibility that the activity in question may have Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 30
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a significant effect on the environment, and therefore the activity is not subject to CEQA. Additionally, staff has concluded that there are no exceptions to the use of the exemption for the Project as the Reversion to Acreage will not create cumulative impacts, nor are there unusual circumstances related to the Project site that would cause a significant effect on the environment. A CEQA exemption is therefore recommended.

Any person wishing to comment on the proposed project may do so in writing between the date of this notice and the public hearing and be heard at the time and place noted above. All comments must be received prior to the time of the public hearing. All such comments will be submitted to the City Council, and the City Council will consider such comments, in addition to any oral testimony, before making a decision on the proposed project.

If this project is challenged in court, the issues may be limited to those raised at the public hearing, described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Be advised that as a result of public hearings and comment, the City Council may amend, in whole or in part, the proposed project. Accordingly, the designations, development standards, design or improvements, or any properties or lands within the boundaries of the proposed project, may be changed in a way other than specifically proposed.

For further information regarding this project, or to provide written comments, please contact Steve Strapac, at (951) 723 -3773 or email [email protected], or go to the City of Menifee’s agenda web page at http://www.cityofmenifee.us. To view the case file information electronically for the proposed project, contact the Public Works Department office at (951) 672-6777 Monday through Friday, from 8:00 A.M. to 5:00 P.M. Please send all written correspondence to:

CITY OF MENIFEE PUBLIC WORKS/ENGINEERING DEPARTMENT
Attn: Steve Strapac, Principal Engineer
29844 Haun Road
Menifee, CA 92586
Item Title: 11.1
Reversion to Acreage and Discharge of Lien Agreement for Banner Park South by Diamond Brothers Five Partnership, LP, Parcel Map No. 38627 of Tract Map No. 32101 Item Page Number: 31
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CITY OF MENIFEE
SUBJECT: Menifee Police Department’s Annual Military Equipment Use Report
MEETING DATE: October 4, 2023
TO: Mayor and City Council
PREPARED BY: Heriberto Gutierrez, Captain
REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1.Affirm continued use of Ordinance No. 2022-339 and Menifee Police Department Policy No. 706, providing approval, acquisition, and reporting requirements of military equipment; and

2.Receive and file the Menifee Police Department’s Annual Military Equipment Use Report for 2022 and determine the report complies with the standards of approval, as required by Ordinance No. 2022-339 and Menifee Police Department Policy No. 706.

DISCUSSION
Assembly Bill 481 (AB 481), which took effect on January 1, 2022, identifies certain law enforcement equipment as “military equipment” and requires oversight from the City Council for purchases and use of what the bill has deemed as “military equipment”. That oversight is effectuated through the adoption of a Military Equipment Use Policy.

In compliance with this new law, on April 6, 2022, the City Council reviewed and approved the Menifee Police Department’s (MPD) Military Equipment Use Policy No. 706 and introduced Ordinance No. 2022-339, which established rules and guidelines for the MPD’s acquisition and use of military equipment. As required by AB 481, the adopted policy and ordinance requires that MPD submit an Annual Military Equipment Use Report (“Report”) to the City Council each year.

The Report is provided as Attachment 1. At page seven, it identifies the “military equipment”, as defined by AB481, acquired by the MPD since the City Council’s approval of the policy and ordinance. There are no anticipated acquisitions for the calendar year 2023.

Per the guidelines of AB481 and based on the Report, the policy and ordinance is subject to an annual review by the City Council to determine whether the standards set forth have been met.

Item Title: 12.1
Menifee Police Department’s Annual Military Equipment Use Report Item Page Number: 1
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City of Menifee Staff Report
Military Equipment Use Report- Per AB481
October 4, 2023

Page 2 of 2 ends

1 7
9 4
The City Council shall determine, based on the attached Report, whether the use of each type of military equipment identified continues to meet the criteria for approval set forth below. (A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
(C) If purchasing military equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Finally, per AB481 the policy has been available for public review on the MPD’s website for the past year. The Report was added to the Department’s website and made available for public review on August 25, 2023. These documents are included in this staff report as Attachments 1 and 2.

The Report presented for City Council’s review, meets the requirements of AB481 and corresponding Ordinance No. 2022-339. The Report allows the Department to discuss the previous year’s use, acquisition, costs, internal audits, complaints, and itemized military equipment reporting. This Report also reaffirms the MPD’s commitment to transparency with our community and governing bodies.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Menifee Police Department Military Equipment Use Report

2. Policy No. 706 – Military Equipment

3. Ordinance 2022-339 – Use of Military Equipment

4. Assembly Bill 481
Item Title: 12.1
Menifee Police Department’s Annual Military Equipment Use Report Item Page Number: 2
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AB 481 Military Equipment Use Report - 2022 Page 1 of 24

MENIFEE POLICE DEPARTMENT

Military Equipment Use Report - 2022
Assembly Bill 481

(California Government Code § 7072; Menifee Ordinance No. 2022-339)

Item Title: 12.1
Menifee Police Department’s Annual Military Equipment Use Report Item Page Number: 3
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AB 481 Military Equipment Use Report - 2022 Page 2 of 24

TABLE OF CONTENTS
Definitions 3
Preface 5
Executive Summary 5
Reporting Requirements 6
Summary of Military Equipment 8
Unmanned Aircraft Systems (UAS/Drones) 8
Unmanned Remotely Piloted, Powered Ground Vehicles 9
Armored Vehicles 9
Semi-Automatic Rifles 10
Bolt-Action Rifles 12
Diversionary Devices 13
Chemical Agents 13
Projectile Launchers 14
Appendix A - Military Equipment Quantities 16
Appendix B - Military Equipment Fiscal Impacts 18
Appendix C - Allied Agency / Mutual Aid Military Equipment 21 Item Title: 12.1
Menifee Police Department’s Annual Military Equipment Use Report Item Page Number: 4
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AB 481 Military Equipment Use Report - 2022 Page 3 of 24

DEFINITIONS
Per Assembly Bill 481 ( AB 481), the following definitions apply only to the department's current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a more detailed list, refer to Government Code section 7070, for “military equipment” as defined within the Assembly Bill.) “Governing body”: Menifee City Council and mayor.
“Military equipment” or “Specialized equipment”:

1. Unmanned, remotely piloted, powered aerial or ground vehicles. This definition applies to the department’s inventory of Unmanned Aerial Systems (UAS) and robots.

2. Armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this definition. This definition applies to the department’s Lenco Bearcat.

3. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this definition.

4. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to sworn members. This definition applies to the department’s inventory of rifle/pistol-caliber carbines and sniper rifles.

5. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. This definition applies to the department’s inventory of flashbangs. Additionally, this definition applies to the department’s inventory of various chemical agents and chemical agent delivery systems maintained by the SWAT Team. These delivery systems are capable of dispersing chemical agents via burning, expulsion, liquid, or fog.

6. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag”, rubber bullet, and specialty impact munition (SIM) weapons. This definition applies to all the Department’s inventory of 40 mm projectile launchers and less lethal shotguns.

Item Title: 12.1
Menifee Police Department’s Annual Military Equipment Use Report Item Page Number: 5
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AB 481 Military Equipment Use Report - 2022 Page 4 of 24

7. “Military equipment” or “Specialized equipment” does not include general equipment not designated as prohibited or controlled by the Federal Defense Logistics Agency.
“Military equipment use policy” refers to Menifee Police Department Policy 70 6 which requires a publicly released, written document governing the use of military equipment by the department that addresses, at a minimum, all of the following:

1. A description of each type of military equipment/specialized equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military/specialized equipment.

2. The purposes and authorized uses for which the department proposes to use each type of military/specialized equipment.

3. The fiscal impact of each type of military/specialized equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of military/specialized equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military/specialized equipment use policy.

6. The mechanisms to ensure compliance with the military/specialized equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military/specialized equipment, and how the department will ensure that each complaint, concern, or question receives a response in a timely manner.

Item Title: 12.1
Menifee Police Department’s Annual Military Equipment Use Report Item Page Number: 6
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AB 481 Military Equipment Use Report - 2022 Page 5 of 24

PREFACE
The Menifee Police Department retains and utilizes a wide variety of equipment that falls under the definition of AB 481. This equipment is used to assist the Menifee Police Department in its ultimate mission which is the preservation of life.

The Menifee Police Department recognizes critical incidents are unpredictable and dynamic in nature. The retention of this equipment alone does not warrant its use for every incident. The equipment listed in this report assists with the safe and swift resolution of these incidents.

Policy and procedure dictate when the equipment may be deployed in the field, how it may be used, and which officers are authorized to use it. However, not all situations can be predicted. The need for the incident commander, on- scene supervisor, or officers to deploy and utilize the equipment in a manner not outlined within policy or procedure may be necessary for the preservation of life in a rapidly evolving incident.

Further, incident commanders, supervisors, officers, and specific specialized units can authorize the use of equipment for each specific incident based on the totality of the circumstances.

EXECUTIVE SUMMARY
On September 30, 2021, the Governor of the State of California approved AB 481 requiring law enforcement agencies to obtain approval of the applicable governing body by adoption of a military equipment use policy. The department is required to seek City Council approval of their military equipment use procedure by ordinance at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.

The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The ordinance is subject to an annual City Council review to determine whether, based on an annual military equipment report, the standards outlined in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to the military equipment use procedure to address any non-compliance with standards.

Finally, the bill requires the publication of the military equipment use procedure and the annual military/specialized equipment report on the department’s website. The military equipment use procedure must be posted on the website at least 30 days prior to the Council meeting.

Military equipment use was recorded by the Menifee Police Department for this report from January 1, 2022, to December 31, 2022, in compliance with the passage of AB 481 and corresponding Menifee City ordinance 2022-339.

Item Title: 12.1
Menifee Police Department’s Annual Military Equipment Use Report Item Page Number: 7
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REPORTING REQUIREMENTS
Government Code § 7072 states the following:
(a) A law enforcement agency that receives approval for a military equipment use policy according to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military/specialized equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment repor t shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military/specialized equipment.
(3) The results of any internal audits, any information about violations of the military/specialized equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military/ military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report according to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.

In addition to maintaining the highest levels of public safety, the Menifee Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the department has authored the following 2022 Item Title: 12.1
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AB 481 Military Equipment Use Report - 2022 Page 7 of 24 Annual Military Equipment Report in accordance with annual reporting requirements outlined in AB 481 and Government Code 7072:

Summary of Use and Purpose of Use per Government Code § 7072(a)(1):

Certain military equipment described in the included Summary of Military Equipment List was deployed in a variety of incidents and calls for service during this reporting period.

On occasion, multiple pieces of military equipment were deployed during the same incident. An example was the arrest of an armed barricaded suspect which required the utilization of five pieces of equipment: a command- and-control vehicle, three armored vehicles, unmanned aerial systems, diversionary devices, and chemical agents. This incident included the participation of the Southwest Cities SWAT team which is comprised by the Hemet, Murrieta, and Menifee police departments.

Other incidents during this reporting period included the deployment of Unmanned Aircraft Systems (UAS/Drones) to aid in search and rescue attempts for endangered children and adults. These drones were also used to assist in the location of dangerous suspects in hiding . Semi -automatic rifles were deployed during high- risk traffic stops and search warrant operations. None of these deployments resulted in gunfire. Officers deployed the unmanned, remotely operated ground vehicle (robot), during two separate search warrant operations. The robot helped officers view the interior of residences, prior to their entr y. The armored vehicle was deployed on multiple search warrant service operations.

Summary of Complaints per Government Code § 7072(a)(2):

The department received no complaints regarding the use of military equipment during this reporting period.

Summary of Internal Audits or Policy Violations per Government Code § 7072(a)(3):

No policy violations were noted related to military/specialized equipment deployment internally or by citizen complaint.

Summary of Annual Cost of Military Equipment per Government Code § 7072(a)(4):

Refer to Appendix B
Quantity Possessed per Government Code § 7072(a)(5):

Refer to Appendix A
Equipment A cquisition per Government Code § 7072(a)(6):

During Calendar Year 2022, the Menifee police department acquired one (1) Remington Model 700 Bolt-Action .380 caliber rifle, eighty (80) FN America FN-15 SRP G2 rifles, and three 40mm Less Than Lethal Launchers . The department does not have any expected equipment acquisitions for Calendar Year 2023.

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AB 481 Military Equipment Use Report - 2022 Page 8 of 24

SUMMARY OF MILITARY EQUIPMENT
The inventory of military equipment, particularly consumable material (ammunition, diversionary devices, less lethal impact munitions, etc.) fluctuates regularly. This is based on a variety of factors including, but not limited to, operational usage, operational deterioration, training, maintenance, and expiration and replenishment guidelines. The Menifee Police Department is committed to transparency in disclosing its military equipment inventory and related information to our community and elected officials in compliance with the law. The department strives to provide the most accurate military equipment inventory and information at the time of this report’s publication.

The following are the various types, descriptions, and guidelines for usage of military equipment currently employed by the Menifee Police Department: (*NOTE: The manufacturer descriptions contained within are referenced via publicly accessible website source citations. The website source citations utilized in this report are for military equipment descriptive purposes only and are not an endorsement by the Menifee Police Department of a particular product or vendor.)

1. Unmanned Aircraft Systems (UAS/Drones)- CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: DJI Mavic 2 Enterprise, 4 owned.

Lifespan: Approximately 5 years
Purpose/Capabilities/Description:
o Search and locate reported missing children or at-risk adults. o Search and rescue operations to locate lost or injured hikers. o A law enforcement specific application involving Aerial drones are used for open terrain or large field searches as a force- multiplier to assist in high -risk apprehensions of armed or violent suspects. Aerial drones can be used as an interior search tool to locate suspects barricaded inside a residence or commercial structure.
o Unmanned robotics have numerous applications and are used instead of personnel in high-risk environments to increase safety for law enforcement. o Gain visual/audio data and remotely clear buildings and structure.

Fiscal Impacts: The initial costs of equipment, licensing, software and training were approximately $40,000. Ongoing cost associated with remotely piloted aircraft/ground vehicles and maintenance is estimated to be approximately $5,000 per year.

Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operator s and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers Item Title: 12.1
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AB 481 Military Equipment Use Report - 2022 Page 9 of 24 shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.

2. Unmanned, remotely piloted, powered ground vehicles- CA Gov’t Code §7071(c)(5) Quantity Owned/Sought: 510 Packbot-Fastac, 1 owned.

Lifespan: Approximately 15 years

Purpose/Capabilities/Description:
o Deliver Crisis Negotiation Phone, open doors, disrupt packages. o Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.
o Gain visual/audio data and remotely clear buildings and structure. o Unmanned robotics have numerous applications and are used instead of personnel in high-risk environments to increase safety for law enforcement.

Fiscal Impacts: None. Equipment obtained free of cost via the 10- 33 federal program. Ongoing cost associated with the operation of remotely piloted, powered ground vehicles and maintenance is estimated to be approximately $200 per year.

Legal/Procedural Rules Governing Use:

The use of unmanned, remotely
piloted, powered ground vehicles potentially involves privacy considerations.

Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).

Training Required: The Southwest Cities SWAT Team provides internal training for staff members prior to allowing them to pilot these vehicles.

3. Armored vehicles with breaching or entry apparatus attachable - CA Gov’t Code §7071(c)(2)
Quantity Owned/Sought: LENCO BEAR-CAT, 1 owned.

Lifespan: Approximately 25 years

Purpose/Capabilities/Description:
o LENCO Ballistic Engineered Armored Response Counter-Attack Truck (BEAR- CAT). The BEAR-CAT, or rescue vehicles, are primarily used during high- risk tactical enforcement operations, officer rescues, and vehicle borne Item Title: 12.1
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AB 481 Military Equipment Use Report - 2022 Page 10 of 24 interventions. Additional deployments are used during criminal unrest and riots.

Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects.
o Rescue vehicle for on- campus active shooter incidents to rescue injured victims.
o 4X4 capability to transport or evacuate victims in floods , fires, or other natural disasters.
o Rescue vehicles provide numerous safety capabilities for law enforcement, victim rescues, and overall community safety.
o BEAR-CAT vehicles have attachable metal booms that can be used for breaching structures, fences, or ramming objects during high-risk incidents, to include active shooter incidents on school grounds or buildings.

Fiscal Impacts: Initial cost $238 ,000. Annual maintenance cost approximately $2,000.

Legal/Procedural Rules Governing Use: Use shall be in accordance with California State law regarding the operation of motor vehicles.

Training Required: The Southwest Cities SWAT Team provides internal training for staff members prior to allowing them to operate these vehicles. The officers are trained in vehicle operation, equipment use, and driving.

4. Semiautomatic Rifles and Ammunition - CA Gov’t Code §7071(c)(9) - defined under PC 30510 & PC 30515 & PC 33215
Quantity Owned/Sought: Daniel Defense DDM4 V7, 10 owned.

Lifespan: Approximately 15 years with lifetime warranty.

Purpose/Capabilities/Description:

o The Daniel Defense Short Barrel Rifle - DDM4 V7 is a semiautomatic rifle can fire a 5.56mm projectile bullet.
o Inventory includes AR -15 style rifles that function at semi -automatic and full - auto capability.
o Inventory includes AR -15 attachment as SOCOM556- RC2 Suppressor (10 owned).
o Accuracy and precision at short and mid-range distance to address a threat, if present and feasible.
o Currently used by most law enforcement agencies - Special Weapons and Tactics teams across the nation.
o SWAT Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed.

Fiscal Impacts: The initial cost of DDM4 V7 / AR-15 style rifles are approximately $2,475.00 each. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

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AB 481 Military Equipment Use Report - 2022 Page 11 of 24 Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Menifee Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 16- hour patrol rifle course as well as regular department SWAT training/academy, firearms training, and qualifications as required by law and policy.

5. Semiautomatic Rifles and Ammunition - CA Gov’t Code §7071(c)(9) - defined under PC 30510 & PC 30515
Quantity Owned/Sought: Smith & Wesson M&P, 78 owned.

Lifespan: Approximately 15 years

Purpose/Capabilities/Description:
o The Smith & Wesson M&P semiautomatic rifle can fire a 5.56mm projectile bullet.
o Inventory includes AR-15 style rifles that function at semi-automatic capability. o Increased accuracy and precision at long-range distance to address a threat, if present and feasible.
o Currently used by many law enforcement agencies across the nation. o Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed.

Fiscal Impacts: The initial cost of AR -15 style rifles are approximately $1,0 00- $1,200 each. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Menifee Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 16- hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.

6. Semiautomatic Rifles and Ammunition - CA Gov’t Code §7071(c)(9) - defined under PC 30510 & PC 30515
Quantity Owned/Sought: FN America FN-15 SRP G2, 94 owned.

Lifespan: Approximately 15 years

Purpose/Capabilities/Description:
o The FN America FN -15 SRP G2 semiautomatic rifle can fire a 5.56mm projectile bullet.
o Inventory includes M16 style rifles that function at semi-automatic capability.

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AB 481 Military Equipment Use Report - 2022 Page 12 of 24 o Increased accuracy and precision at long-range distance to address a threat, if present and feasible.
o Currently used by many law enforcement agencies across the nation. o Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed.

Fiscal Impacts: The initial cost of th e FN America FN -15 SRP G2 rifle is approximately $930 each. The ongoing costs for ammunition will vary and maintenance is conducted by department staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Menifee Police Department Policies on Use of Force and Firearms.

7. Bolt Action Rifles - CA Gov’t Code §7071(c)(9) - defined under PC 30510 & PC 30515& PC 33215
Quantity Owned/Sought: Remington Model 700, 1 owned.

Lifespan: Approximately 10 years, but it will depend on usage.

Purpose/Capabilities/Description:
o The Remington Model 700 is a bolt -action rifle which fires a .308cal projectile bullet.
o Inventory includes accompanying gear – Leupold magnified optic (1 owned). o Accuracy and precision at mid to long- range distance to address a threat, if present and feasible.
o Currently used by many law enforcement agencies - Special Weapons and Tactics teams across the nation.
o Specifically trained SWAT Officers may deploy the bolt -action rifle in any circumstance where the officer can articulate a reasonable expectation that a precision rifle may be needed.

Fiscal Impacts: The initial cost of the Remington Model 700 rifle is approximately $628.00. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Menifee Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a long-distance precision Item Title: 12.1
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AB 481 Military Equipment Use Report - 2022 Page 13 of 24 rifle course , as well as regular department SWAT training/academy, firearms training, and qualifications as required by law and policy.

8. Diversionary Devices - CA Gov’t Code §7071(c)(12)
Quantity Owned/Sought: DEFTECH Low Roll, 30 owned.

Lifespan: 5 years

Purpose/Capabilities/Description:
o Light Sound Diversionary Device (LSDD - “Flashbangs”) are used to minimize risk to all parties through the temporary distraction or disorientation of armed and violent suspects that pose significant danger to law enforcement personnel and community.
o The effects of the LSDD reduce a suspect’s reactionary capabilities and allow for momentary disorientation which creates a tactical advantage. LSDD is a hand delivered device and generally deployed on the exterior of structures. o Provides a humane fright to aggressive dogs that pose a threat to law enforcement personnel.
o A diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

Fiscal Impact: Initial cost per item $68.00. No annual maintenance cost.

Legal/Procedural Rules Governing Use: Menifee Police Department Policy is to utilize diversionary devices only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: The Southwest Cities SWAT Team provides internal training by POST certified instructors for staff members prior to allowing them to use any of these items.

9. Chemical Agents and Smoke canisters - CA Gov’t Code §7071(c)(12) Quantity Owned/Sought: DEFTECH OC & Smoke Canisters, 110 owned

Lifespan: 5 years

Purpose/Capabilities/Description:
o To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
o Chemical agents are deployed through various means to include hand delivery and weapon launchable, such as pepper ball. Munitions are 40mm caliber, shotgun ferret rounds or canister shotgun launched ordinance. Hand delivered chemical agents are placed in metal burn boxes to reduce fire hazards. o May be used for dangerous and/or combative subjects, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage may be gained, Item Title: 12.1
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AB 481 Military Equipment Use Report - 2022 Page 14 of 24 potentially viscous animals, training exercises or approved demonstrations, circumstances where a tactical advantage can be obtained.

Fiscal Impact: Initial cost per item $50. No annual maintenance cost.

Legal/Procedural Rules Governing Use: Menifee Police Department policy is to utilize chemical agents only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: Southwest Cities SWAT team less than lethal and chemical agent instructors, provide internal POST certified training for staff members prior to allowing them to utilize chemical agent canisters.

10. 40mm Less Than Lethal Launchers and Kinetic Energy Munition - CA Gov’t Code §7071(c)(10)
Quantity Owned/Sought: Defense Technology 40mm LMTS single launcher , 7 owned.

Lifespan: Approximately 15 years

Purpose/Capabilities/Description:
o The 40mm less than l ethal Launchers and Kinetic Energy Munitions are intended for use as a less than lethal use of force option. o Less than lethal 40mm launchers and rubber projectile munitions are configured for high and low energy impact. Munitions have the additional benefit as a barrier round for breaking vehicle and residential glass so that chemical munitions can be deployed.
o 40mm less than lethal launchers have been effective in disarming violent suspects, armed suspects, and subjects who are suicidal with minimal injury and risk to the person, law enforcement or the public.
o 40mm less than lethal launchers are light weight, versatile and used worldwide by police and corrections officers.
o The 40MM launcher family of products is available in single- shot, spring- advance multi, and pump-advance multi-versions.

Fiscal Impacts: The initial cost of each 40mm launcher was $1,200. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: Menifee Police Department policy is to utilize less than lethal launchers and kinetic energy munitions only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: Officers must complete a POST certified 40mm course, as well as regular training and qualifications as required by law and policy. Various Menifee Police Department policies on Use of Force and Crowd Control.

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AB 481 Military Equipment Use Report - 2022 Page 15 of 24

11. Less Than Lethal bean bag launchers (shotguns) - CA Gov’t Code §7071(c)(10) Quantity Owned/Sought: 12-gauge Remington 870 shotguns, 15 owned.

Lifespan: 25 years

Purpose/Capabilities/Description:
o To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
o Less than lethal bean bags are deployed through a marked, orange colored easily identifiable less than lethal shotgun. The bean bag is a small led pellet filled munition made of high-density cloth. The bean bag is the predecessor to the 40mm less than lethal launcher, having similar benefits as other less than lethal platforms.

Authorized Use: Situations for use of the less than lethal weapon systems may include, but are not limited to: Self-destructive, dangerous and/or combative individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals.

Fiscal Impact: The initial cost of each 12-gauge Remington 870 shotgun is approximately $435.00. Annual maintenance is approximately $50 for each shotgun.

Legal/Procedural Rules Governing Use: Menifee Police Department personnel utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Training Required: All officers are trained in the 12 gauge less than lethal shotgun, as a less than lethal option, by POST certified in -service and police academy training.

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AB 481 Military Equipment Use Report - 2022 Page 16 of 24

APPENDIX A
Military Equipment Quantities

Armored Vehicles

Equipment Quantity
Lenco BearCat 1

Unmanned Aerial Systems

Equipment Quantity
Mavic 2 Enterprise 4

Unmanned Power Ground Systems

Equipment Quantity
510 Packbot Fastac 1

Rifles

Equipment Quantity
Daniel Defense DDM4 V7 10
Smith & Wesson M&P 78
FN America FN-15 SRP G2, 80 owned 94

Bolt Action Rifles

Equipment Quantity
Remington Model 700 1

Projectile Launchers

Equipment Quantity
Def Tech 40MM LMT Tactical Single Launcher 7
Remington Model 870 Less than Lethal Shotgun 15

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AB 481 Military Equipment Use Report - 2022 Page 17 of 24

Diversionary Devices

Equipment Quantity
Defense Technology Low Roll Distraction Device 30

Chemical Agents

Equipment Quantity
Defense Technology 1082 Riot Control Continuous
Discharge Grenade CS
36 Defense Technology 1026 Triple-Chaser CS Canister 23 Defense Technology 1032 Flameless Tri-Chamber CS
Grenade 19
Defense Technology 1030 Flameless Tri-Chamber OC
Grenade 21
Defense Technology 2292 Ferret 40MM Powder Barricade
Penetrator Round, CS 6
Defense Technology 6320-A 40MM Powder Direct Impact
Round, OC 130
Defense Technology 2262 Ferret 40MM Liquid Barricade
Penetrator Round, CS 20
Defense Technology 1016 Canister Pocket Tactical Grenade CS 20
Defense Technology 1073 Smoke HC Grenade 9
Defense Technology 56854 OC Aerosol Grenade Fogger 9
Defense Technology 56795 OC Stream OC Aerosol 3
CTS 5230 CS Canister Grenade 24
CTS 5230B CS Baffled Canister Grenade 24
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AB 481 Military Equipment Use Report - 2022 Page 18 of 24

APPENDIX B
Military Equipment Fiscal Impact and Estimated Projected Costs

Armored Vehicles

Equipment Initial Cost Approx Annual Cost
Lenco Bearcat $238,000 $2,000

Unmanned Aerial Systems

Equipment Initial Cost Approx Annual Cost
Mavic 2 Enterprise $40,000 $5,000

Unmanned Power Ground Systems

Equipment Initial Cost Approx Annual Cost
510 Packbot-Fastac $0
Free Via
Federal
Program
$200

Rifles

Equipment Initial Cost Approx Annual Cost
Daniel Defense DDM4 V7 $24,750 $1,000
Smith & Wesson M&P $93,600 $1,000
FN America FN-15 SRP G2 $87,420 $1,000
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AB 481 Military Equipment Use Report - 2022 Page 19 of 24 Bolt-Action Rifles

Equipment Initial Cost Approx Annual Cost
Remington Model 700 $680.00 $1,000

Projectile Launchers

Equipment Initial Cost Approx Annual Cost
Def Tech 40MM LMT Tactical Single Launcher $8,400 $0
Remington Model 870 Less than Lethal Shotgun $6,525 $0

Diversionary Devices

Equipment Initial Cost Approx Annual Cost
Defense Technology Low Roll Distraction
Device $2,040 $0

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AB 481 Military Equipment Use Report - 2022 Page 20 of 24 Chemical Agents

Equipment Initial Cost Approx Annual Cost
Defense Technology 1082 Riot Control
Continuous Discharge Grenade CS $1,800 $0
Defense Technology 1026 Triple -Chaser CS
Canister $1,150 $0
Defense Technology 1032 Flameless Tri-
Chamber CS Grenade $950 $0
Defense Technology 1030 Flameless Tri-
Chamber OC Grenade $1,050 $0
Defense Technology 2292 Ferret 40MM Powder
Barricade Penetrator Round, CS $300 $0
Defense Technology 6320-A 40MM Powder
Direct Impact Round, OC $6,500 $0
Defense Technology 2262 Ferret 40MM Liquid
Barricade Penetrator Round, CS $1,000 $0
Defense Technology 1016 Canister Pocket
Tactical Grenade CS $1,000 $0
Defense Technology 1073 Smoke HC Grenade
$450 $0
Defense Technology 56854 OC Aerosol Grenade
Fogger $450 $0
Defense Technology 56795 OC Stream OC
Aerosol $150 $0
CTS 5230 CS Canister Grenade
$1,200 $0
CTS 5230B CS Baffled Canister Grenade
$1,200 $0

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AB 481 Military Equipment Use Report - 2022 Page 21 of 24

APPENDIX C
Specialized equipment inventory known to be owned and/or utilized by law enforcement agencies with which the Menifee Police Department collaborates with and/or may require assistance from in a mutual -aid situation for law enforcement services.

1. Mine Resistant Ambush Protected Vehicle (MRAP) - CA Gov’t Code §7071(c)(2) Purpose/Capabilities/Description: The MRAP is a large ballistic armored rescue vehicle deployed during search warrant services and primarily in open desert areas requiring extreme off -road capability. The MRAP is also used for large parcel outdoor illegal marijuana grow enforcement. Operation requires a Class “B” driver’s license. Capable of transporting personnel and equipment while providing them with armored protection from gunfire.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: The MRAP can be deployed any time tactical operators determine that there is a need to move personnel and/or resources into areas in which they have reason to expect potential armed resistance requiring its protection.

Training Required: None, Equipment owned, maintained, and operated by another agency.

2. Armored Vehicles with breaching or entry apparatus or water cannon- CA Gov’t Code §7071(c)(2)
Purpose/Capabilities/Description:
o LENCO Ballistic Engineered Armored Response Counter -Attack Trucks (BEARCATS). The BEARCAT’s are primarily used during high- risk tactical enforcement operations, officer rescues, and vehicle borne interventions.

Additional deployments are used during criminal unrest and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects.
o Rescue vehicle for on- campus active shooter incidents to rescue injured victims.
o 4X4 capability to transport or evacuate victims in a natural disaster. o BOMB-CAT bullet resistant rescue vehicle provisioned with a front mounted Water Cannon. BOMB -CAT use is for tactical operations and explosive ordinance mitigation and fire suppression.
o Rescue vehicles provide numerous safety capabilities for law enforcement, victim rescues, and overall community safety.

Item Title: 12.1
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AB 481 Military Equipment Use Report - 2022 Page 22 of 24 o TAC-CAT vehicle - A tracked bullet resistant caterpillar tractor driven and deployed during high-risk and tactical operations, with various hydraulic boom attachments including claw, chemical agent dispersal box and ram extension.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: Use shall be in accordance with California State law regarding the operation of motor vehicles.

Training Required: None, Equipment owned, maintained, and operated by another agency.

3. Long Range Acoustic Device (LRAD) - CA Gov’t Code §7071(c)(13) Purpose/Capabilities/Description: LRAD is an acoustic hailing device used for emitting amplified public announcements during search warrant services, barricaded suspects, or tactical operations. The loud audible technology ensures broadcasted announcements are loud and clear while offering advantages over less amplified patrol car PA systems. The larger LRAD 1000 system is portable and can be used for criminal unrest and rioting to provide clear dispersal orders for unlawful assembly. LRAD can also be used for any public announcements or safety advisements during natural disasters or evacuations.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: LRADs can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.

Training Required: None, Equipment owned, maintained, and operated by another agency.

4. Explosive breaching tools - CA Gov’t Code §7071(c)(12) Purpose/Capabilities/Description: Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive charges are fashioned to produce little to no fragmentation at the time of detonation. Explosive breaching effectively reduces the time spent overcom ing a fortified door or structure. The reduction in time mitigating a hardened structure increasing officer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome door frames and locking mechanisms. Explosive breaching mandates extensive schooling and certification processes.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another Item Title: 12.1
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AB 481 Military Equipment Use Report - 2022 Page 23 of 24 agency.

Legal/Procedural Rules Governing Use: Diversionary devices and explosive breaching tools are only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: None, Equipment owned, maintained, and operated by another agency.

5. Non-handheld battering rams, slugs and breaching equipment apparatuses that are explosive in nature - CA Gov’t Code §7071(c)(7)
Purpose/Capabilities/Description: Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive charges are fashioned to produce little to no fragmentation at the time of detonation. Explosive breaching effectively reduces the time spent overcoming a fortified door or structure. The reduction in time mitigating a hardened structure i ncreasing officer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome door frames and locking mechanisms. Explosive breaching mandates extensive schooling and certification processes

Avon frangible shotgun ammunition is used to breach doors and points of entry on fortified doors or structures. The rounds are used to impact door hinges, doorknobs, and locks.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: Diversionary devices and explosive breaching tools are only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: None, Equipment owned, maintained, and operated by another agency.

6. Command and Control Vehicles used to facilitate the operational control and direction of public safety units – CA Gov’t Code §7071(c)(4) Purpose/Capabilities/Description: Command vehicles are built in various platforms to include ½ ton pickup chassis, vans, trailers, and RV style configurations. Vehicles are built to better assist in command and control during law enforcement operations, natural disasters, and public safety issues. Vehicles are designed with additional communication abilities, computers, white boards, lightening, generators, and mission essential supplies.

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AB 481 Military Equipment Use Report - 2022 Page 24 of 24 Fiscal Impact: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: Use shall be in accordance with California State law regarding the operation of motor vehicles.

Training Required: Members of the Southwest Cities SWAT and CNT teams conduct routine training in the operation and use of shared command and control vehicles, which are owned by the Murrieta and Hemet police departments.

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Published with permission by Menifee Police Department
Military Equipment - 1
Menifee Police Department
Policy Manual

Policy
706

Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).

706.1.1 DEFINITIONS
Definitions related to this policy include
Governing body – The elected or appointed body that oversees the Department.

Military equipment – means equipment that is "militaristic in nature" and is identified in Government Code Section 7071 (c) ( 1 - 15)
706.2 POLICY
It is the policy of the Menifee Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment.

706.3 MILITARY EQUIPMENT COORDINATOR
The Operations Division Captain or his designee will act as the military equipment coordinator.

The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Menifee Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

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Policy Manual

Policy
706

706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: AB481 Military Equipment List.pdf

706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the prohibitions outlined in Government Code § 7071:

706.6 COORDINATION WITH OTHER JURISDICTIONS
The Menifee Police Department provides law enforcement services to the City of Menifee as well as providing mutual aid county wide.

Through the Association Riverside County Chiefs of Police and Sheriff's (ARCCOPS) mutual aid agreement, all cities within Riverside County have agreed to accept the use of each law enforcement agencies Military Equipment policy related to any enforcement action throughout Riverside County.

The Menifee Police Department also works in conjunction with the Murrieta and Hemet Police Departments to provide Special Weapons and Tactics services (S.W.A.T.) to the city of Menifee.

This is done under the guidance of an approved and consolidated Memorandum of Understanding between the three cities.

706.7 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use Military Equipment, from a neighboring law enforcement entity, that is not included in the Military Equipment Use Policy.

If the Police Department acquires, borrows, and/or uses Military Equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
• Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

• If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
• Include the Military Equipment in the Police Department's next annual Military Equipment Report.

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Policy Manual

Policy
706

706.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

706.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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1 Policy 706: AB481 Military Equipment List

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2 Section One: Menifee Police Department Specialized Equipment Inventory

1. Unmanned Aircraft Systems (UAS/Drones)- CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: Mavic 2 Enterprise, 4 owned
Lifespan: Approximately 5 years
Purpose/Capabilities/Description:
o Search and locate reported missing children or at-risk adults o Search and rescue operations to locate lost or injured hikers o A law enforcement specific application involving Aerial drones are used for open terrain or large field searches as a force- multiplier to assist in high-risk apprehensions of armed or violent suspects. Aerial drones can be used as an interior search tool to locate suspects barricaded inside a residence or commercial structure.
o Unmanned robotics have numerous applications and are used instead of personnel in high- risk environments to increase safety for law enforcement
o Gain visual/audio data and remotely clear buildings and structure Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately $ 40,000. Ongoing cost associated with remotely piloted aircraft/ground vehicles and maintenance is estimated to be approximately $5,000 per year.

Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.

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3 2. Unmanned, remotely piloted, powered ground vehicles- CA Gov’t Code §7071(c)(5)
Quantity Owned/Sought: 510 Packbot Fastac, 1 owned
Lifespan: Approximately 15 years
Purpose/Capabilities/Description:
o Deliver Crisis Negotiation Phone, open doors, disrupt packages o Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.
o Gain visual/audio data and remotely clear buildings and structure o Unmanned robotics have numerous applications and are used instead of personnel in high- risk environments to increase safety for law enforcement
Fiscal Impacts: None. Equipment obtained free of cost via the 10- 33 federal program. Ongoing cost associated with the operation of remotely piloted, powered ground vehicles and maintenance is estimated to be approximately $200 per year.

Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).

Training Required: The Southwest Cities SWAT Team provides internal training for staff members prior to allowing them to pilot these vehicles.

3. Armored vehicles with breaching or entry apparatus attachable - CA Gov’t
Code §7071(c)(2)
Quantity Owned/Sought: LENCO BEAR-CAT, 1 owned
Lifespan: Approximately 25 years
Purpose/Capabilities/Description:
o LENCO Ballistic Engineered Armored Response Counter -Attack Truck (BEAR-CAT). The BEAR -CAT, or rescue vehicles, are primarily used during high- risk tactical enforcement operations, officer rescues, and vehicle borne interventions. Additional deployments are used during criminal unrest and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects.

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4 o Rescue vehicle for on-campus active shooter incidents to rescue injured victims.
o 4X4 capability to transport or evacuate victims in floods, fire s, or other natural disasters.
o Rescue vehicles provide numerous safety capabilities for law enforcement, victim rescues, and overall community safety. o BEAR-CAT vehicles have attachable metal booms that can be used for breaching structures, fences, or ramming objects during high- risk incidents, to include active shooter incidents on school grounds or buildings.

Fiscal Impacts: Initial cost $238 ,000. Annual maintenance cost approximately $2,000.

Legal/Procedural Rules Governing Use: Use shall be in accordance with California State law regarding the operation of motor vehicles.

Training Required: The Southwest Cities SWAT Team provides internal training for staff members prior to allowing them to operate these vehicles.

The officers are trained in vehicle operation, equipment use, and driving.

4. Semiautomatic Rifles and Ammunition - CA Gov’t Code §7071(c)(9) - defined under PC 30510 & PC 30515
Quantity Owned/Sought: Smith & Wesson M&P, 78 owned
Lifespan: Approximately 15 years
Purpose/Capabilities/Description:
o The Smith & Wesson M&P semiautomatic rifle can fire a 5.56mm projectile bullet.
o Inventory includes AR -15 style rifles that function at semi -automatic capability.
o Increased accuracy and precision at long- range distance to address a threat, if present and feasible.
o Currently used by most law enforcement agencies across the nation. o Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed.

Fiscal Impacts: The initial cost of AR -15 style rifles are approximately $1,000-$1,200 each. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Menifee Police Department Policies on Use of Force and Firearms.

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5 Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.

5. Diversionary Devices - CA Gov’t Code §7071(c)(12)
Quantity Owned/Sought: DEFTECH Low Roll, 30 owned
Lifespan: 5 years
Purpose/Capabilities/Description:
o Light Sound Diversionary Device (LSDD - “Flashbangs”) are used to minimize risk to all parties through the temporary distraction or disorientation of armed and violent suspects that pose significant danger to law enforcement personnel and community.
o The effects of the LSDD reduce a suspect’s reactionary capabilities and allow for momentary disorientation which creates a tactical advantage.

LSDD is a hand delivered device and generally deployed on the exterior of structures
o Provides a humane fright to aggressive dogs that pose a threat to law enforcement personnel
o A diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

Fiscal Impact: Initial cost per item $68.00. No annual maintenance cost.

Legal/Procedural Rules Governing Use: Menifee Police Department Policy is to utilize dive rsionary devices only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: The Southwest Cities SWAT Team provides internal training by POST certified instructors for staff members prior to allowing them to use any of these items.

6. Chemical Agents and Smoke canisters - CA Gov’t Code §7071(c)(12) Quantity Owned/Sought: DEFTECH OC & Smoke Canisters, 110 owned Lifespan: 5 years
Purpose/Capabilities/Description:
o To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
o Chemical agents are deployed through various means to include hand delivery and weapon launchable, such as pepper ball. Munitions are 40mm caliber, shotgun ferret rounds or canister shotgun launched Item Title: 12.1
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6 ordinance. Hand delivered chemical agents are placed in metal burn boxes to reduce fire hazards
o May be used for dangerous and/or combative subjects, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage may be gained, potentially viscous animals, training exercises or approved demonstrations, circumstances where a tactical advantage can be obtained.

Fiscal Impact: Initial cost per item $50. No annual maintenance cost.

7. 40mm Less Than Lethal Launchers and K inetic Energy Munition - CA Gov’t Code §7071(c)(10)
Quantity Owned/Sought: Defense Technology 40mm LMTS single launcher, 4 owned, 10 sought
Lifespan: Approximately 15 years
Purpose/Capabilities/Description:
o The 40mm less than lethal Launchers and Kinetic Energy Munitions are intended for use as a less than lethal use of force option. o Less than lethal 40mm launchers and rubber projectile munitions are configured for high and low energy impact. Munitions have the additional benefit as a barrier round for breaking vehicle and residential glass so that chemical munitions can be deployed.
o 40mm less than lethal launchers have been effective in disarming violent suspects, armed suspects, and subjects who are suicidal with minimal injury and risk to the person, law enforcement or the public. o 40mm le ss than lethal launchers are light weight, versatile and used worldwide by police and corrections officers.
o The 40MM launcher family of products is available in single-shot, spring- advance multi, and pump-advance multi-versions.

Fiscal Impacts: The initial cost of each 40mm launcher was $1, 200. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: M enifee Police Department policy is to utilize less than lethal launchers and kinetic energy munitions Item Title: 12.1
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7 only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

8. Less Than Lethal bean bag launchers (shotguns) - CA Gov’t Code §7071(c)(10)
Quantity Owned/Sought: 12-gauge Remington 870 shotguns, 15 owned Lifespan: 25 years
Purpose/Capabilities/Description:
o To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
o Less than lethal bean bags are deployed through a marked, blue colored easily identifiable less than lethal shotgun. The bean bag is a small led pellet filled munition made of high- density cloth. The bean bag is the predecessor to the 40mm less than lethal launcher, having similar benefits as other less than lethal platforms
Authorized Use: Situations for use of the less than lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or
combative individuals, r iot/crowd control and civil unrest incidents, circumstances where a tac tical advantage can be obtained, potentially vicious animals.

Fiscal Impact: The initial cost of each 12-gauge Remington 870 shotgun is approximately $435.00. Annual maintenance is approximately $50 for each shotgun
Legal/Procedural Rules Governing Use: Menifee Police Department personnel utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force
Training Required: All officers are trained in the 12 gauge less than lethal shotgun, as a less than lethal option, by POST certified in-service and police academy training.

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8 Section Two: Specialized Equipment Inventory known to be owned and/or utilized by la w enforcement agencies with which the M enifee Police Department collaborates with and/or may require assistance from, in a mutual-aid situation for law enforcement services.

1. Mine Resistant Ambush Protected Vehicle ( MRAP) - CA Gov’t Code §7071(c)(2)
Quantity Owned/Sought: None
Lifespan: Unknown
Purpose/Capabilities/Description: The MRAP is a large ballistic armored rescue vehicle deployed during search warrant services and primarily in open desert areas requiring extreme off-road capability. The MRAP is also used for large parcel outdoor illegal marijuana grow enforcement. Operation requires a Class “B” driver’s license. Capable of transporting personnel and equipment while providing them with armored protection from gunfire.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Training Required: None, Equipment owned, maintained, and operated by another agency.

2. Armored Vehicles with breaching or entry apparatus or water cannon- CA Gov’t Code §7071(c)(2)
Quantity Owned/Sought: None
Lifespan: Unknown
Purpose/Capabilities/Description:
o LENCO Ballistic Engineered Armored Response Counter-Attack Trucks (BEARCATS). The BEARCAT ’s are primarily used during high- risk tactical enforcement operations, officer rescues, and vehicle borne interventions. Additional deployments are used during criminal unrest and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects
o Rescue vehicle for on-campus active shooter incidents to rescue injured victims
o 4X4 capability to transport or evacuate victims in a natural disaster Item Title: 12.1
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9 o BOMB-CAT bullet resistant rescue vehicle provisioned with a front mounted Water Cannon. BOMB -CAT use is for tactical operations and explosive ordinance mitigation and fire suppression
o Rescue vehicles provide numerous safety capabilities for law enforcement, victim rescues, and overall community safety o TAC-CAT vehicle- A tracked bullet resistant caterpillar tractor driven and deployed during high-risk and tactical operations, with various hydraulic boom attachments including claw, chemical agent dispersal box and ram extension
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: Use shall be in accordance with California State law regarding the operation of motor vehicles.

Training Required: None, Equipment owned, maintained, and operated by another agency.

3. Long Range Acoustic Device (LRAD) - CA Gov’t Code §7071(c)(13) Quantity Owned/Sought: None
Lifespan: Unknown
Purpose/Capabilities/Description: LRAD is an acoustic hailing device used for emitting amplified public announcements during search warrant services, barricaded suspects, or tactical operations. The loud audible technology ensures broadcasted announcements are loud and clear while offering advantages over less amplified patrol car PA systems. The larger LRAD 1000 system is portable and can be used for criminal unrest and rioting to provide clear dispersal orders for unlawful assembly. LRAD can also be used for any public announcements or safety advisements during natural disasters or evacuations
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: LRADs can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.

Training Required: None, Equipment owned, maintained, and operated by another agency.

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10 4. Explosive breaching tools - CA Gov’t Code §7071(c)(12) Quantity Owned/Sought: None
Lifespan: Unknown
Purpose/Capabilities/Description: Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive charges are fashioned to produce little to no fragmentation at the time of detonation.

Explosive breaching effectively reduces the time spent overcoming a fortified door or structure. The reduction in time mitigating a hardened structure increasing officer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome door frames and locking mechanisms. Explosive breaching mandates extensive schooling and certification processes
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: Diversionary devices and explosive breaching tools are only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: None, Equipment owned, maintained, and operated by another agency.

5. Non-handheld battering rams, slugs and breaching equipment apparatuses that are explosive in nature - CA Gov’t Code §7071(c)(7) Quantity Owned/Sought: None
Lifespan: Unknown
Purpose/Capabilities/Description: Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive charges are fashioned to produce little to no fragmentation at the time of detonation.

Explosive breaching effectively reduces the time spent overcoming a fortified door or structure. The reduction in time mitigating a hardened structure increasing officer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome door frames and locking mechanisms. Explosive breaching mandates extensive schooling and certification processes
Avon frangible shotgun ammunition is used to breach doors and points of entry on fortified doors or structures. The rounds are used to impact door hinges, doorknobs, and locks.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

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11 Legal/Procedural Rules Governing Use: Diversionary devices and explosive breaching tools are only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.

Training Required: None, Equipment owned, maintained, and operated by another agency.

6. Command and Control Vehicles used to facilitate the operational control and direction of public safety units – CA Gov’t Code §7071(c)(4) Quantity Owned/Sought: None
Lifespan: 20-year lifespan on chassis and vehicle structure. Upgrades needed every 5-7 years to maintain IT systems.

Purpose/Capabilities/Description: Command vehicles are built in various platforms to include ½ ton pickup chassis, vans, trailers, and RV style configurations. Vehicles are built to better assist in command and control during law enforcement operations, natural disasters, and public safety issues. Vehicles are designed with additional communication abilities, computers, white boards, lightening, generators, and mission essential supplies.

Fiscal Impact: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: Use shall be in accordance with California State law regarding the operation of motor vehicles.

Pursuant to California Government Code §7071(d)(6), members of the public may register complaints, concerns, or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:

1. Via email to: [email protected]

2. Via phone call to: (951) 723-1583

3. Via mail sent to: Menifee Police Department Attn: Military Equipment Use Coordinator: 29714 Haun Rd; Menifee, CA 92586
The Menifee Police Department is committed to responding to complaints, concerns and/or questions regarding its Military Equipment in a timely manner.

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Date Published: 10/01/2021 09:00 PM
AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. (2021-20 Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[ Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distributionof federal surplus personal property, excepting food commodities, and requires the department to, among other things, do allthings necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplusproperty, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus PropertyAcquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any lawwhich requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, orwhich prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department ofDefense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in lawenforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicablegoverning body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant tospecified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, asdefined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1,2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within itsjurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governingbody to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of militaryequipment or amend the military equipment use policy if it determines, based on an annual military equipment report preparedby the law enforcement agency, as provided, that the military equipment does not comply with the above-described standardsfor approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additionalrequirements and standards related to the purchase, use, and reporting of military equipment by local law enforcementagencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certainactivities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’sdesignee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired priorto January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than amunicipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill wouldimpose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodiesand the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to HomeBill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites Item Title: 12.1
Menifee Police Department’s Annual Military Equipment Use Report Item Page Number: 51
Menifee Mayor and City Council
October 4, 2023
Page
513 of 547

9/18/23, 2:48 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 2/5 public records or open meetings and contains findings demonstrating that the enactment furthers the constitutionalrequirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by thestate. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety andwelfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychologicalwell-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black andBrown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalizedcommunities. (b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local governmentofficials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration tothe public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protectthe public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with thecommunity, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment 7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body thatdirectly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a lawenforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means theboard of supervisors of the county. (b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the Universityof California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standardconsumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks,five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrainvehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheelsfor forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of publicsafety units. (6) Weaponized aircraft, vessels, or vehicles of any kind.

Item Title: 12.1
Menifee Police Department’s Annual Military Equipment Use Report Item Page Number: 52
Menifee Mayor and City Council
October 4, 2023
Page
514 of 547

9/18/23, 2:48 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 3/5 (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock,such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from thissubdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from thissubdivision. (10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber thatare issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issuedhandheld pepper spray. (13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubberbullet, and specialty impact munition (SIM) weapons. (15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designatedas prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by alaw enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and productdescriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type ofmilitary equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimatedannual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must becompleted before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use eachspecific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil libertiesand full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons orentities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of thepolicy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns orsubmit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensurethat each complaint, concern, or question receives a response in a timely manner. (e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, andcommission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or ArticleVI of the California Constitution. (f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a militaryequipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9(commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private,local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

Item Title: 12.1
Menifee Police Department’s Annual Military Equipment Use Report Item Page Number: 53
Menifee Mayor and City Council
October 4, 2023
Page
515 of 547

9/18/23, 2:48 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 4/5 (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within theterritorial jurisdiction of the governing body. (E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved bythe governing body pursuant to this chapter. (F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek fundsfor, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that wasacquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If thegoverning body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivisionof a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposedmilitary equipment use policy to the governing body, the law enforcement agency shall cease its use of the military equipmentuntil it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit aproposed military equipment use policy to the governing body and make those documents available on the law enforcementagency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of aregular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencingwith Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing withSection 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of thefollowing:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective ofofficer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that canachieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prioruses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedynonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publiclyavailable on the internet website of the relevant law enforcement agency for as long as the military equipment is available foruse. (e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding,acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew theordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950)of Part 1 of Division 2 of Title 5), as applicable. (2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072,whether each type of military equipment identified in that report has complied with the standards for approval set forth insubdivision (d). If the governing body determines that a type of military equipment identified in that annual militaryequipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall eitherdisapprove a renewal of the authorization for that type of military equipment or require modifications to the militaryequipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, thecity shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shallsubmit to the governing body an annual military equipment report for each type of military equipment approved by thegoverning body within one year of approval, and annually thereafter for as long as the military equipment is available for use.The law enforcement agency shall also make each annual military equipment report required by this section publicly availableon its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at aminimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment.

Item Title: 12.1
Menifee Police Department’s Annual Military Equipment Use Report Item Page Number: 54
Menifee Mayor and City Council
October 4, 2023
Page
516 of 547

9/18/23, 2:48 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 5/5 (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actionstaken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation,maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the militaryequipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought foreach type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the lawenforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at whichthe general public may discuss and ask questions regarding the annual military equipment report and the law enforcementagency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private,local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of militaryequipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by thegoverning body pursuant to this chapter. (6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for,or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior toJanuary 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of thefollowing within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is amatter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the CaliforniaConstitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisionsin the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements andstandards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070)to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 ofArticle I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to themeetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) ofsubdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity topublic scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or school district under this act would result from a legislative mandatethat is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

Item Title: 12.1
Menifee Police Department’s Annual Military Equipment Use Report Item Page Number: 55
Menifee Mayor and City Council
October 4, 2023
Page
517 of 547

CITY OF MENIFEE
SUBJECT: Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan
Implementation and Community Needs
MEETING DATE: October 4, 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 a Professional Services Agreement with Probolsky Research LLC, for completion of biennial community surveys, conducted in Fiscal Years 2023/2024, 2025/2026 and 2027/2028, for a total amount not-to-exceed $103,800.

DISCUSSION
The 2023-2028 Strategic Plan calls for the completion of a biennial community survey to measure progress in the implementation of the City’s strategic priorities and continue to assess community needs. The survey conducted in Fiscal Year (FY) 2023/2024 will serve as a baseline with surveys conducted every two years thereafter through FY 2027/2028.

RFP Process
On June 15, 2023, the City issued Request for Proposal (RFP) No. 2023-22 for completion of the comprehensive residential satisfaction survey. A total of ten proposals were received by the submittal deadline of July 27, 2023. A comprehensive evaluation of the proposals received was completed by a review committee comprised of City staff from multiple departments. Proposals were reviewed and ranked based on the qualifications and experience of the firms and their project team, service delivery approach, and cost.

Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 1
Menifee Mayor and City Council
October 4, 2023
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City of Menifee Staff Report
PSA – Probolsky Research - Biennial Community Survey
October 4, 2023

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TABLE 1 – RFP Evaluation Summary
Ranking Firm Average Score
(100 possible point)
1 Probolsky Research 89.80
2 J. Wallin Opinion Research 89.00
3 Fairbank, Maslin, Maullin, Metz & Associates (FM3) 87.20 4 EMC Research 87.00
5 RCC Associates 84.20
6 Zilo International Group 79.80
7 HARC Inc 79.40
8 Polco 83.00
9 Millian Chicago 76.00
10 The Martec Group 68.60
The top four finalists participated in an interview allowing for an evaluation of the project team identified for each firm. The average scores of the evaluation completed by the interview panel are summarized in Table 2 below.

TABLE 2 – RFP Interview Summary
Ranking Firm Average Score
(100 possible point)
1 Probolsky Research 85.20
2 Fairbank, Maslin, Maullin, Metz & Associates (FM3) 82.20 3 EMC Research 77.40
4 J. Wallin Opinion Research 76.00
Following the proposal evaluation, interviews, and reference checks, City staff determined that Probolsky Research LLC, was best qualified to conduct the City’s biennial community surveys.

Probolsky Research has extensive experience developing and conducting statistically valid community surveys for local governments throughout the state of California and nationally. Their experience, considered in combination with their approach and overall cost, set them apart from other firms. The proposed five-year term of the Professional Services Agreement (PSA) would extend through June 30, 2028, with surveys conducted every two years beginning in FY 2023/2024. Three surveys would be completed during the contract period in an amount not to exceed $34,600 per survey for a contract total amount not-to-exceed $103,800.

About the Survey
City staff would work in collaboration with the Probolsky Research team to develop the community survey to be completed in early 2024. The survey would be conducted in both English and Spanish using a multi-model approach including telephone, email, text message, and mail.

The community survey would include a statistically valid sample of 600 resident representatives of the City both demographically and geographically. Based upon the City population, a sample size of 600 residents provides a ninety-five percent confidence level. This means that if the survey was repeated 100 times, using the same methods, the findings would be within the margin of error (+/-4%) ninety-five times out of one hundred. Conducting a survey with a larger sample size would add cost without producing a substantial difference in the results. For comparison, national Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 2
Menifee Mayor and City Council
October 4, 2023
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City of Menifee Staff Report
PSA – Probolsky Research - Biennial Community Survey
October 4, 2023

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polls typically include 1,000-2,500 respondents and statewide polls typically include 900-1,200 respondents.

Probolsky Research would provide the City with a detailed summary report of the survey results including benchmark comparisons to other similar communities. This information would be used to monitor resident satisfaction with City services and progress made in the implementation of the priorities established in the 2023-2028 Strategic Plan.

STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure

FISCAL IMPACT
The estimated fiscal impact for completion of three community surveys through FY 2027/2028 is set not-to-exceed $103,800. The funding required to complete the baseline survey in FY 2023/24 in an amount not-to-exceed $34,600 was included as part of the adopted FY 2023/2024 budget within the City Executive Office Account No. 100-4111-52855 (One-time Consulting Services).

Funding for the two additional surveys completed in FY2025/2026 and FY 2027/2028 would be established as part of the respective year’s operating budget. No additional budget appropriation action(s) are required.

ATTACHMENTS

1. PSA - Probolsky Research LLC
Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 3
Menifee Mayor and City Council
October 4, 2023
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2905/031858-0001
18155996.1 a08/30/23

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEE: BIENNIAL COMMUNITY SURVEY
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 PROBOLSKY RESEARCH LLC, a California 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 October 4, 2023 and shall end on June 30, 2028 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

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

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

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

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.

Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 4
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October 4, 2023
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1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.

1.7 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 applicable emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing, when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed One Hundred Three Thousand Eight Hundred Dollars and Zero Cents ($103,800.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.

The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 5
Menifee Mayor and City Council
October 4, 2023
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2905/031858-0001
18155996.1 a08/30/23 -3-
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 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

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

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

2.5 Fees. Fees for the Services performed by Consultant 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.

Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 6
Menifee Mayor and City Council
October 4, 2023
Page
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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 or equipment 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 listed 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. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.

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

Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 7
Menifee Mayor and City Council
October 4, 2023
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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:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

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

Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.

Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 8
Menifee Mayor and City Council
October 4, 2023
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(ii) 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. (iii) 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.
(iv) 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: CITY OF MENIFEE: BIENNIAL COMMUNITY SURVEY. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
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 Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 9
Menifee Mayor and City Council
October 4, 2023
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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:
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.

Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 10
Menifee Mayor and City Council
October 4, 2023
Page
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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 for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.

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

SECTION 6. 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 Subsection 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.

Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 11
Menifee Mayor and City Council
October 4, 2023
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The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are 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. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. 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. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages.

Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 12
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October 4, 2023
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b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.

Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 13
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October 4, 2023
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d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims 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 Labor Code Sections 1726 and 1781, 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, and/or any other similar law.

7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants 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, and perform the Services. Consultant represents, warrants, and covenants 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, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 14
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October 4, 2023
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extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.

SECTION 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

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

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

Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 15
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October 4, 2023
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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 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.

Item Title: 12.2
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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 Subsection 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 Subsection 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 laws of the State of California shall govern 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. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing Item Title: 12.2
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and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Rebekah Kramer, Assistant to the City Manger (“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:

PROBOLSKY RESEARCH
Attn: Adam Probolsky, President
23 CORPORATE PLAZA, SUITE 150
NEWPORT BEACH, CA 92660
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Rebekah Kramer, Assistant to the City Manger
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: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
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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. 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: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
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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]
Item Title: 12.2
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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 Villa, City Manager
Attest:

Sarah Manwaring, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Adam Probolsky, President

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 21
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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include CITY OF MENIFEE: BIENNIAL COMMUNITY SURVEY in the amount not to exceed One Hundred Three Thousand Eight Hundred Dollars and Zero Cents ($103,800.00) as further detailed in the following page(s).

Surveys will be performed biennially. Schedule of services performed as follows:

1. FY2023/24 - in the amount not to exceed- THIRTY FOUR THOUSAND SIX HUNDRED DOLLARS AND ZERO CENTS ($34,600.00)

2. FY2025/26 - in the amount not to exceed- THIRTY FOUR THOUSAND SIX HUNDRED DOLLARS AND ZERO CENTS ($34,600.00)

3. FY2027/28 - in the amount not to exceed- THIRTY FOUR THOUSAND SIX HUNDRED DOLLARS AND ZERO CENTS ($34,600.00)
The survey will include the following:
•Measure general attitudes and/or satisfaction levels of residents toward City services and programs.
•Examine community perceptions about public facilities, public safety, and sense of community.
•Evaluate community preferences around important issues facing the City of Menifee including development, housing, transportation, and traffic. •Analyze data to better understand community preferences and inform priories for future decision-making.
•Provide a benchmark analysis of similar cities across the region/state.

The selected firm will:
•Create survey instruments, work plans and schedules, in consultation with City staff.
•Recommend appropriate methodologies and strategies for ensuring statistical validity and unambiguous quantifiable results, utilizing one or a combination of mediums such as phone, mail, Internet, or in person.
•Gather input from the City on the number and type of questions (multiple choice, open ended, etc.), delivery method(s), multiple language options, duration of survey, and outreach efforts to maximize engagement and participation. •Administer the survey after the instrument, work plan, content, and scope of questions are developed and approved within the agreed upon schedule. •Provide a draft and final report of survey results in both detailed and summarized form based upon the findings.
•Present the results to City staff, City Council, and key stakeholders as identified by the City.
•Provide any additional data analysis, summaries, and opinions at the request of the City to clarify survey results after the presentation.

Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 22
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Item Title: 12.2
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Item Title: 12.2
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Item Title: 12.2
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Item Title: 12.2
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Item Title: 12.2
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Item Page Number: 29
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*Cost inclusive of all survey expenses including travel and mailed invitation.

Item Title: 12.2
Agreement with Probolsky Research LLC for Biennial Community Surveys Measuring Strategic Plan Implementation and Community Needs
Item Page Number: 30
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Menifee City CouncilOctober 4, 2023

Menifee City Council
October 4, 2023