City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada,District 2
Lesa Sobek, District 3
Dean Deines, District 4 AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, August 7, 2024
4:00 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City
Attorney
Stephanie Roseen, Acting City Clerk
CLOSED SESSION (4:00 PM)
1. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION
Gov. Code Section 54956.9(d)(2) or (3): Two Cases
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 Riverside County Superior Court Case No. CVRI230303456
City of Perris v. City of Menifee
3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 Riverside County Superior Court Case No. CVRI2203040
City of Menifee v. City of Perris
4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 Riverside County Superior Court Case No. CVRI2403156
Menifee Neighbors Care v. City of Menifee
5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 Riverside County Superior Court Case No. CVRI2402960
Showprop Menifee DE, LLC v. City of Menifee
6. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 Riverside County Superior Court Case No. CVSW2310000
Thomas P. Fuhrman v. City of Menifee
7. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 Riverside County Superior Court Case No. CVSW2400938
Thomas P. Fuhrman v. City of Menifee
8. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 Riverside County Superior Court Case No. MCC1600382
Thomas P. Fuhrman v. City of Menifee
9. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1); Evaluation of City Manager REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2ROLLCALL
Menifee Mayor and City Council August 7, 2024
Thomas P. Fuhrman v. City of Menifee
8. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 Riverside County Superior Court Case No. MCC1600382
Thomas P. Fuhrman v. City of Menifee
9. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1); Evaluation of City Manager REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Pastor Taige Ronan – Revival Christian Fellowship
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. ERP Financial Management System Project Implementation Update
5.2. Police Department Quarterly Update
5.3. Fire Department Quarterly Update
6. AGENDA APPROVAL OR MODIFICATIONS
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council’s ability to respond to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. COUNCILMEMBER UPDATES AND COMMENTS
9. APPROVAL OF MINUTES
9.1 July 17, 2024 Minutes
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.
10.1 Waiver of Reading
RECOMMENDED ACTION 1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION 1. Ratify and approve the Voucher Lists dated 06/28/2024, 07/05/2024, and 07/12/2024, the Payroll Register/Other EFTs dated 07/02/2024, 07/03/2024, 07/05/20247/11/20247/15/2024and07/16/2024andtheVoidCheckListing Menifee Mayor and City Council August 7, 2024
10. CONSENT CALENDAR
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent.
10.1 Waiver of Reading
RECOMMENDED ACTION 1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2 Warrant Register
RECOMMENDED ACTION 1. Ratify and approve the Voucher Lists dated 06/28/2024, 07/05/2024, and 07/12/2024, the Payroll Register/Other EFTs dated 07/02/2024, 07/03/2024, 07/05/2024, 7/11/2024, 7/15/2024, and 07/16/2024, and the Void Check Listing PE 06/30/2024 which have a total budgetary impact of $4,808,157.74.
10.3 Fiscal Year 2023/2024 Capital Improvement Program Construction Contract Change Order Report
RECOMMENDED ACTION 1. Receive and file the Capital Improvement Program Construction Contract Change Order activity report for Fiscal Year 2023/2024.
10.4 Fiscal Year 2023/2024 Public Works Divisions OnCall Professional Service Master Agreements Annual Update
RECOMMENDED ACTION 1. Receive and file the annual summary update on Master Agreement usage in the Public Works Engineering and Capital Improvement Program Divisions for Fiscal Year 2023/2024.
10.5 Developer Funded California Environmental Quality Act Consultant Update for the Fourth Quarter of Fiscal Year 2023/2024
RECOMMENDED ACTION 1. Receive and file the fourth quarterly update on executed California Environmental Quality Act consultant contracts for Fiscal Year 2023/2024.
10.6 Second Reading and Adoption of an Ordinance Establishing Regulations Governing the Possession of Catalytic Converters
RECOMMENDED ACTION 1. Adopt an ordinance establishing regulations governing the possession of catalytic converters and adding Chapter 11.55, Unlawful Possession of Catalytic Converters, to Title 11 of the Menifee Municipal Code.
10.7 Second Reading and Adoption an Ordinance Establishing Regulations for Unruly and Loud Conduct
RECOMMENDED ACTION 1. Adopt an ordinance adding Chapter 11.07 to Title 11 of the Menifee Municipal Code establishing regulations for loud and unruly conduct from residential, commercial, and multifamily properties.
Menifee Mayor and City Council August 7, 2024
RECOMMENDED ACTION 1. Adopt an ordinance establishing regulations governing the possession of catalytic converters and adding Chapter 11.55, Unlawful Possession of Catalytic Converters, to Title 11 of the Menifee Municipal Code.
10.7 Second Reading and Adoption an Ordinance Establishing Regulations for Unruly and Loud Conduct
RECOMMENDED ACTION 1. Adopt an ordinance adding Chapter 11.07 to Title 11 of the Menifee Municipal Code establishing regulations for loud and unruly conduct from residential, commercial, and multifamily properties.
10.8 Memorandums of Understanding with the Menifee City Employees’ Associations:
General, Professional, and MidManagement Units
RECOMMENDED ACTION 1. Adopt a resolution approving a successor Memorandum of Understanding (MOU) between the City and the Menifee City Employees Association (MCEA), General Unit, for the period of July 1, 2024 through June 30, 2027; and
2. Adopt a resolution approving a successor MOU between the City and the MCEA, Professional Unit, for the period of July 1, 2024 through June 30, 2027; and
3. Adopt a resolution approving a successor MOU between the City and the MCEA, Mid Management Unit, for the period of July 1, 2024 through June 30, 2027; and
4. Authorize the City Manager or their designee to execute and implement terms of the MOU and resolutions; and
5. Adopt a resolution approving the Classification and Compensation Plan known as the Authorized Position Listing.
10.9 Bid Award and Agreement with Hunden Partners for Placemaking, Identity, and Tourism Master Plan Consulting Services
RECOMMENDED ACTION 1. Award bid and authorize the City Manager to execute a Professional Services Agreement with Hunden Partners for consulting services for the Placemaking, Identity, and Tourism Master Plan, in a total nottoexceed amount of $125,000 through June 30, 2025.
10.10 Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for Menifee Road Resurfacing Project
RECOMMENDED ACTION 1. Award bid and authorize the City Manager to execute a Contract Services Agreement with Copp Contracting, Inc. for construction services for Menifee Road Resurfacing Aldergate Drive to McCall Boulevard Project, Capital Improvement Program (CIP) Project No. 2421, located east of the I215 freeway between McCall Boulevard and 500 feet north of Aldergate Drive, in a total nottoexceed amount of $1,430,470.92; and
2. Adopt a budget amendment resolution appropriating $92,500 for the Project within the Grant Fund 2301.
10.11 Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services
RECOMMENDED ACTION 1. Approve and authorize the City Manager to execute a fiveyear agreement with Menifee Mayor and City Council August 7, 2024
1. Award bid and authorize the City Manager to execute a Contract Services Agreement with Copp Contracting, Inc. for construction services for Menifee Road Resurfacing Aldergate Drive to McCall Boulevard Project, Capital Improvement Program (CIP) Project No. 2421, located east of the I215 freeway between McCall Boulevard and 500 feet north of Aldergate Drive, in a total nottoexceed amount of $1,430,470.92; and
2. Adopt a budget amendment resolution appropriating $92,500 for the Project within the Grant Fund 2301.
10.11 Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services
RECOMMENDED ACTION 1. Approve and authorize the City Manager to execute a fiveyear agreement with Flock Safety for the purchase of 15 automated Flock Safety Condor Cameras with LTE service in an amount notto exceed $236,250 through June 30, 2029; and
2. Authorize the City Manager, or his designee, to approve an optional twoyear renewal term for Fiscal Years 2029/2030 and 2030/2031 in an amount nottoexceed $45,000 per year; and
3. Authorize the purchase of the Flock camera system as a sole source purchase of a specific brand name, make or model necessary to match existing city equipment or facilitate effective maintenance and support pursuant to Menifee Municipal Code Section 3.12.070(9); and
4. Adopt a budget amendment resolution, appropriating expenditures of $56,250 in Fiscal Year 2024/25 operating budget for the purchase of Flock camera system as a capital outlay and annual subscription costs; and
5. Approve an update to the current Capital Improvement Program, removing CIP No. 1606: Park Surveillance Project as a capital project.
10.12 Agreement with Accela for Permitting Software License Subscription Renewal RECOMMENDED ACTION 1. Approve and authorize the City Manager to execute an agreement with Accela for Civic Platform and Accela Citizen Access portal services pursuant to the OMNIA Master Intergovernmental Cooperative Purchasing Agreement and Carahsoft Master Agreement for a total nottoexceed $1,028,474.67 through August 11, 2029; and
2. Approve and authorize the purchase utilizing OMNIA Master Intergovernmental Cooperative Purchasing Agreement and Carahsoft Master Agreement No. pursuant to Menifee Municipal Code Section 3.12.070 (6); and
3. Authorize the City Manager or his designee to execute all documents required for this purchase.
10.13 Agreement Renewal with Quest Media Inc. for Secure Backup Data Storage RECOMMENDED ACTION 1. Approve and authorize the City Manager to execute a threeyear agreement with Quest Media, Inc., for the provision of expanded backup capacities, comprehensive maintenance and support for Microsoft 365 (M365) backups, as well as local and cloud backup services in the amount not to exceed $236,556; and
2. Approve and authorize the purchase utilizing the NASPO Master Intergovernmental Cooperative Purchasing Agreement and Quest Media Inc., Master Agreement No. AR2505 pursuant to Menifee Municipal Code Section
3.12.070 (6); and
3. Authorize the City Manager or his designee to execute all necessary documents related to this agreement.
10.14 Subscription Service Renewal with ExtraHop Inc. for Cybersecurity Network Detection S
Menifee Mayor and City Council August 7, 2024
1. Approve and authorize the City Manager to execute a threeyear agreement with Quest Media, Inc., for the provision of expanded backup capacities, comprehensive maintenance and support for Microsoft 365 (M365) backups, as well as local and cloud backup services in the amount not to exceed $236,556; and
2. Approve and authorize the purchase utilizing the NASPO Master Intergovernmental Cooperative Purchasing Agreement and Quest Media Inc., Master Agreement No. AR2505 pursuant to Menifee Municipal Code Section
3.12.070 (6); and
3. Authorize the City Manager or his designee to execute all necessary documents related to this agreement.
10.14 Subscription Service Renewal with ExtraHop Inc. for Cybersecurity Network Detection and Response Services
RECOMMENDED ACTION 1. Approve and authorize the City Manager to issue a purchase order to SHI International Corp., authorized reseller of ExtraHop, Inc., in the amount of $70,383.05 for Fiscal Year 2024/25 for the purchase of cloudbased cybersecurity network detection and response, packet forensics, and ransomware detection services; and
2. Authorize the City Manager to approve three optional oneyear renewal purchase orders on the same terms with an annual increase nottoexceed 10% per year for Fiscal Years 2025/26 through 2027/28; and
3. Approve and authorize this purchase utilizing the OMNIA Master Intergovernmental Cooperative Purchasing Agreement and SHI Master Agreement No. 201801102 pursuant to Menifee Municipal Code Section
3.12.070 (6).
10.15 Agreement Amendment with Rincon Consultants, Inc. for OnCall Planning Services for the Legado Project
RECOMMENDED ACTION 1. Approve and authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with Rincon Consultants, Inc. for oncall planning services for the Legado Project, extending the Term of Services to June 30, 2025, and increasing the amount by $15,000 for a total nottoexceed amount of $35,000.
10.16 Agreement Amendment with NV5, Inc. for the Bradley Road Bridge Over Salt Creek Project
RECOMMENDED ACTION 1. Approve and authorize the City Manager to execute Amendment No. 8 to the Professional Services Agreement with NV5, Inc. for environmental & design services increasing the compensation amount by $171,900, for a total nottoexceed amount of $1,555,792 for the Bradley Road Bridge Over Salt Creek Project, Capital Improvement Program (CIP) Project No. CIP 1304.
10.17 Riverside County Flood Control and Water Conservation District Annual Zone 4 Program Funds for the McLaughlin Road Storm Drain Project RECOMMENDED ACTION 1. Accept the Fiscal Year 2025/2026 Riverside County Flood Control and Water Conservation District Annual Zone 4 Program Funds for the McLaughlin Road Storm Drain (SDA8a) Project, Capital Improvement Program No. CIP 2512; and
2. Approve and authorize the City Manager to execute a Funding Agreement with RiversideCountyFloodControlandWaterConservationDistrictfortheProject Menifee Mayor and City Council August 7, 2024
exceed amount of $1,555,792 for the Bradley Road Bridge Over Salt Creek Project, Capital Improvement Program (CIP) Project No. CIP 1304.
10.17 Riverside County Flood Control and Water Conservation District Annual Zone 4 Program Funds for the McLaughlin Road Storm Drain Project RECOMMENDED ACTION 1. Accept the Fiscal Year 2025/2026 Riverside County Flood Control and Water Conservation District Annual Zone 4 Program Funds for the McLaughlin Road Storm Drain (SDA8a) Project, Capital Improvement Program No. CIP 2512; and
2. Approve and authorize the City Manager to execute a Funding Agreement with Riverside County Flood Control and Water Conservation District for the Project in an amount nottoexceed $400,000.
10.18 Cancellation of Proceedings for Annexation No. 24, Menifee Union School District Elementary School No. 15, into Community Facilities District 20171 RECOMMENDED ACTION 1. Cancel proceedings previously initiated via Resolution No. 241446 for the annexation of Union School District Elementary School No. 15, into Community Facilities District 20171, Maintenance Services.
11. PUBLIC HEARING ITEMS
11.1 Home2Suites Hotel Appeal
RECOMMENDED ACTION 1. Adopt a resolution upholding the Planning Commission approval of an Initial Study / Negative Declaration, Plot Plan No. PLN230069, and Conditional Use Permit No. PLN230070 for Home2Suites Hotel, located east of Interstate 215, west of Antelope Road, south of Newport Road and north of La Piedra Road, and denying Appeal No. PLN240121.
11.2 Squaw Valley Drive Street Name Change
RECOMMENDED ACTION 1. Adopt a resolution approving the street name change from Squaw Valley Drive to Sun Valley Drive to be in compliance with Assembly Bill 2022.
11.3 Ordinance Introduction and Formation of Community Facilities District No. 20241, Banner Park II by Pulte Home Company, LLC
RECOMMENDED ACTION 1. Adopt a resolution establishing Community Facilities District No. 20241, Banner Park II, (“CFD No. 20241”), located southeast of Domenigoni Parkway at Lindenberger Road and calling an election; and
2. Adopt a resolution determining the necessity to incur bonded indebtedness in an amountnotto exceed $15,000,000 for CFD No. 20241; and
3. Adopt a resolution certifying the election results for CFD No. 20241; and 4. Introduce an ordinance authorizing the levy of special taxes within CFD No. 20241.
11.4 Ordinance Introduction and Formation of Community Facilities District No. 20242, Golden Meadows by Golden Meadowland, LLC and Golden Hill Country, LLC RECOMMENDED ACTION 1
AdoptaresolutionestablishingCommunityFacilitiesDistrictNo20242 Menifee Mayor and City Council August 7, 2024
1. Adopt a resolution establishing Community Facilities District No. 20241, Banner Park II, (“CFD No. 20241”), located southeast of Domenigoni Parkway at Lindenberger Road and calling an election; and
2. Adopt a resolution determining the necessity to incur bonded indebtedness in an amountnotto exceed $15,000,000 for CFD No. 20241; and
3. Adopt a resolution certifying the election results for CFD No. 20241; and 4. Introduce an ordinance authorizing the levy of special taxes within CFD No. 20241.
11.4 Ordinance Introduction and Formation of Community Facilities District No. 20242, Golden Meadows by Golden Meadowland, LLC and Golden Hill Country, LLC RECOMMENDED ACTION 1. Adopt a resolution establishing Community Facilities District No. 20242, Golden Meadows (“CFD 20242”), located southeast of Evans Road and Garbani Road, and calling an election; and
2. Adopt a resolution determining the necessity to incur bonded indebtedness in an amount not to exceed $7,000,000 for each of Improvement Area Nos. 1, 2, and 3, and $13,000,000 for Improvement Area No. 4 for CFD No. 20242; and
3. Adopt a resolution certifying the election results for CFD No. 20242; and 4. Introduce an ordinance authorizing the levy of special taxes within CFD No. 20242.
11.5 Ordinance Introduction and Formation of Community Facilities District No. 20243, River Walk Village by Richmond American Homes of Maryland RECOMMENDED ACTION 1. Adopt a resolution establishing Community Facilities District No. 20243, River Walk Village, (“CFD No. 20243”), located northwest of Bradley Road and Lazy Creek Road, and calling an election; and
2. Adopt a resolution determining the necessity to incur bonded indebtedness in an amount nottoexceed $7,000,000 for CFD No. 20243; and
3. Adopt a resolution certifying the election results for CFD No. 20243; and 4. Introduce an ordinance authorizing the levy of special taxes within CFD No. 20243.
11.6 Ordinance Introduction and Annexation No. 11, Golden Meadows, into Community Facilities District 20171, Maintenance Services
RECOMMENDED ACTION 1. Adopt a resolution calling an election to annex territory, including Tract No. 31194, located west of I215 at the southeast corner of the intersection of Garbani Road and Evans Road, into City of Menifee Community Facilities District (CFD) No. 20171 (Maintenance Services) and to levy a special tax on that land; and
2. Hold a special landowner election and canvass the election; and 3. Adopt a resolution declaring results of special landowner election; and 4. Introduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in CFD 20171.
11.7 Ordinance Introduction and Annexation No. 21, River Walk Village, into Community Facilities District 20171, Maintenance Services
RECOMMENDED ACTION 1. Adopt a resolution calling an election to annex territory, including Tract No. 38219, located on the west side of Bradley Road, south of the Salt Creek channel and north of Lazy Creek Road, into City of Menifee Community Facilities District (CFD) No. 20171 (Maintenance Services) and to levy a special tax on that land; and
2Holdaspeciallandownerelectionandcanvasstheelection;and Menifee Mayor and City Council August 7, 2024
4. Introduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in CFD 20171.
11.7 Ordinance Introduction and Annexation No. 21, River Walk Village, into Community Facilities District 20171, Maintenance Services
RECOMMENDED ACTION 1. Adopt a resolution calling an election to annex territory, including Tract No. 38219, located on the west side of Bradley Road, south of the Salt Creek channel and north of Lazy Creek Road, into City of Menifee Community Facilities District (CFD) No. 20171 (Maintenance Services) and to levy a special tax on that land; and
2. Hold a special landowner election and canvass the election; and 3. Adopt a resolution declaring results of special landowner election; and 4. Introduce an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in CFD 20171.
11.8 Ordinance Introduction and Annexation No. 23, Banner Park II, into Community Facilities District 20171, Maintenance Services
RECOMMENDED ACTION 1. Adopt a resolution calling an election to annex territory, including Tract Nos. 376711, 2, F, located south of Domenigoni Parkway, east of Menifee Road, west of Briggs Road, and north of Old Newport Road, into City of Menifee Community Facilities District (CFD) No. 20171 (Maintenance Services) and to levy a special tax on that land; and
2. Hold a special landowner election and canvass the election; and 3. Adopt a resolution declaring results of special landowner election; and 4. Introduce an ordinance, amending the Ordinance No. 2017231 and levying and apportioning the special tax in CFD 20171.
12. DISCUSSION ITEMS NONE
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
>Amphitheater Ad Hoc Committee (Sobek, February 21, 2024) Target Date: August 21, 2024
> Road Name Change of Haun Road (Sobek, June 5, 2024)
Target Date: TBD
> Feasibility of Paving Dirt Roads in the City (Estrada, June 5, 2024) Target Date: TBD
> Homesless Task Force Update (Sobek, July 17, 2024)
Target Date: TBD
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, Menifee Mayor and City Council August 7, 2024
g
16. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 6726777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Menifee Mayor and City Council August 7, 2024
Menifee Mayor and City Council
July 17, 2024
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada, District 2
Lesa Sobek, District 3
Dean Deines, District 4
MINUTES
Menifee City Council
Regular Meeting Minutes
Wednesday, July 17, 2024
4:00 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Stephanie Roseen, Acting Clerk
CLOSED SESSION (4:00 PM)
Mayor Zimmerman called closed session to order at 4:00 PM.
Correspondence was received from the following.
Don Slater
The City Council recessed to closed session at 4:00 PM for the purposes listed below.
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
In Re: National Prescription Opiate Litigation, MDL No. 2804, Case No. 1:17-md-2804 (Multi- District Litigation)
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) -- Property: 336-280-001; Agency Negotiators: Armando Villa, City Manager; Nick Fidler, Public Works Director/City Engineer; Carlos E. Geronimo, Engineering Manager – Capital Improvement Programs; Jeffrey Melching, City Attorney; Negotiating Parties: City of Menifee; Compay Family Trust; Under Negotiation: Price and Terms of Payment
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) --Property: 336-190-008; Agency Negotiators: Armando Villa, City Manager; Nick Fidler, Public Works Director/City Engineer; Carlos E. Geronimo, Engineering Manager – Capital Improvement Programs; Jeffrey Melching, City Attorney; Negotiating Parties: City of Menifee; Rodrigo Rubio and Carolina Rubio; Under Negotiation: Price and Terms of Payment
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) -- Property: 338-131-001; Agency Negotiators: Armando Villa, City Manager; Nick Fidler, Public Works Director/City Engineer; Carlos E. Geronimo, Engineering Manager – Capital Improvement Programs; Jeffrey Melching, City Attorney; Negotiating Parties: City of Menifee; Vickie Cipparuolo; Under Negotiation: Price and Terms of Payment
5. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
Negotiators: Deputy City Manager Jonathan Nicks, Chief Financial Officer Travis Hickey, City Manager Armando G. Villa; Labor Agreement Negotiations: Menifee General Employee Unit Association, Menifee Professional Employee Unit Association, Menifee Item Title: 9.1 July 17, 2024 Minutes
Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 11 of 1560 Menifee Mayor and City Council
July 17, 2024
Mid-Management Employee Unit Association, Menifee Police Officers Association (POA); Menifee Police Management Association (PMA); and Menifee Police Employee Association (PEA)
6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Showprop Menifee DE, LLC v. City of Menifee,
Riverside County Superior Court Case No. CVRI2402960
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
Mayor Zimmerman called the meeting to order at 6:00 PM.
City Attorney Jeffrey Melching stated there was no reportable action from closed session.
2. ROLL CALL
Present: Bill Zimmerman, Bob Karwin, Ricky Estrada, Lesa Sobek, Dean Deines
Absent: None
3. WORDS OF INSPIRATION
Bob Warning with Crossway Menifee
4. PLEDGE OF ALLEGIANCE
David Foust led the flag salute.
5. PRESENTATIONS
5.1 Citizen of the Month – Sam Handley
The City Council recognized Sam Handley and presented him with a certificate.
5.2 Recognition of Tanner O’Dell
The City Council recognized Tanner O’Dell and presented him with a certificate.
5.3 Parks Make Life Better Proclamation
The City Council presented a proclamation to the members of the Parks, Recreations, and Trails Commission.
Item Title: 9.1 July 17, 2024 Minutes
Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 12 of 1560 Menifee Mayor and City Council
July 17, 2024
5.4 Community Services Monthly Update
Parks Manager Bryce Howell provided a presentation.
6. AGENDA APPROVAL OR MODIFICATIONS
The agenda was approved unanimously (5-0) with no modifications.
7. PUBLIC COMMENTS (NON-AGENDA ITEMS)
The following speakers addressed the City Council on non-agenda items. Avie Barron
George Mills
Linda Beck
Laurie Garcia
Zachary Bach
Rogelio Banuelos
Rosie O’Conner
8. COUNCILMEMBER UPDATES AND COMMENTS
Councilmember Karwin reported on the meetings and events he attended. Western Riverside Council of Governments (WRCOG) General Assembly Tricon Homes Ribbon Cutting
Altura Credit Union Ribbon Cutting
Tour of March Air Force Base
Menifee Employee Appreciation Luncheon
Tour of Menifee Courthouse
Los Amigos Second Ribbon Cutting
Wake Up Menifee at Louie’s Nursery
Ice Cream Social at Webb Hall
Councilmember Estrada reported on the meetings and events he attended. Menifee Innovation District Ad Hoc Committee Meeting
Go Skate Day and Movies in the Dark at Audie Murphy Ranch Altura Credit Union Ribbon Cutting
Menifee’s Independence Day Celebration
Los Amigos Soft Opening, Menifee Arts Council Workshop Chamber of Commerce Mixer at Pacifica Senior Living
Menifee Employee Appreciation Luncheon
Los Amigos Second Ribbon Cutting
Canyon Heights Homeowners Association Meetings
Wake Up Menifee at Louie’s Nursery
Councilmember Sobek reported on the meetings and events she attended. SCAM ID Workshop
WRCOG General Assembly
Liberty Dinner
Sun City Veteran’s Group Meeting
Item Title: 9.1 July 17, 2024 Minutes
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Southwest Higher Education Coalition Meeting
Southern Gateway Meeting
Tricon Homes Ribbon Cutting
Menifee’s Independence Day Celebration
Regional Conservation Authority (RCA) Governing Board Meeting Senior Advisory Committee
Tour of PACE Facility
Casey Crawford Book Launch
Artistry Talk Shop by Arts Council Menifee
Menifee Finance Committee Meeting
Employee Appreciation Luncheon
RCA Meeting
Wake Up Menifee at Louie’s Nursery
Los Amigos Ribbon Cutting
Mayor Pro Tem Deines reported on the meetings and events he attended. Southwest Community Financing Authority (SCFA) Meeting Southwest T-Now Meeting
Riverside Transit Agency (RTA) Board of Directors Meeting Menifee Finance Committee Meeting
Senator Seyarto’s Veterans Advisory Council Meeting
Mayor Zimmerman reported on the meetings and events he attended. Menifee Innovation District Ad Hoc Committee Meeting
WRCOG General Assembly
Menifee Library Shaping Tomorrow Together Event
Southwest Higher Education Coalition Meeting
Innovation Public Workshop
Chamber of Commerce Meeting for Menifee Night at Storm Stadium Tricon Homes Ribbon Cutting
Altura Credit Union Ribbon Cutting
Rotary Club Installation Dinner
Daiso Store Ribbon Cutting
Menifee Independence Day Celebration
Tour of PACE Facility
Los Amigos Soft Opening
Foodie Friday
Arts Council Menifee Arts Workshop
Chamber of Commerce Mixer at Pacifica Senior Living
Riverside County Transportation Commission (RCTC) Meeting Employee Appreciation Luncheon
Tour of Menifee Courthouse
Los Amigos Ribbon Cutting
Wake Up Menifee at Louie’s Nursery
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9. APPROVAL OF MINUTES
The minutes were approved unanimously (5-0) with no modifications.
9.1 June 19, 2024 Minutes
10. CONSENT CALENDAR
The following speaker addressed the City Council on Item No. 10.5. Zachary Bach
Councilmember Ricky Estrada requested to pull Item No. 10.9, Councilmember Sobek requested to pull Item No. 10.13, and Councilmember Karwin requested to pull Item No. 10.12 for further discussion.
The balance of the consent calendar was approved by the following vote.
MOVER: Bob Karwin
SECONDER: Lesa Sobek
10.1 Waiver of Reading
ACTION
1. Waived the reading in full of any and all Ordinances listed on this agenda and provided that they be read by title only.
10.2 Warrant Register
ACTION
1. Ratified and approved the Voucher Lists dated 05/31/2024, 06/07/2024, 06/14/2024 and 06/21/2024, the Payroll Register/Other EFTs dated 05/31/2024, 06/03/2024, 06/05/2024, 06/07/2024, 6/11/2024, 6/17/2024, 6/20/2024, and 06/21/2024, and the Void Check Listing PE 05/31/2024 which have a total budgetary impact of $14,042,404.71.
10.3 Treasurer's Report - May 2024
ACTION
1. Received and filed the Treasurer’s Report as of May 31, 2024.
10.4 Monthly Public Safety Reports
ACTION
1. Received and filed the public Safety Reports for May 2024.
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
Item Title: 9.1 July 17, 2024 Minutes
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5.5 Department of California Highway Patrol Cannabis Tax Fund Grant ACTION
1. Accepted the Department of California Highway Patrol Cannabis Tax Fund Grant in the amount of $277,195.05 to help reduce and mitigate the impacts of impaired driving in the City; and
2. Adopted Resolution No. 24-1456, approving an increase in revenue and appropriation of expenditures in the amount of $277,195.05 to a project account as assigned by the Finance Department; and
3. Authorized the City Manager, or their designee, to execute all necessary documents to implement the Department of California Highway Patrol Cannabis Tax Fund Grant Program purchases.
5.6 National Opiate Litigation Settlement Fund Allocation ACTION
1. Authorized the City Manager, or his designee, to program the National Opiate Litigation Settlement Funds received through June 30, 2024, for prevention education and intervention programs reaching vulnerable populations including homeless and at-risk youth residing within the City; and
2. Adopted Resolution No. 24-1457, approving an increase in revenue and appropriation of expenditures in the amount of $38,384.38 to the project account as assigned by the Finance Department for the use of the funds received from the Janssen and Distributors Settlements, and the National Opioid Abatement Trust.
5.7 2024 Fee Schedule Amendment
ACTION
1. Adopted Resolution No. 24-1458, approving the revised 2024 User Fee Schedule maintaining deposit-based fees and surcharges at the adopted 2022 amounts.
5.8 Menifee Police Department Records Retention Schedule ACTION
1. Adopted Resolution No. 24-1459, amending the City’s existing records retention schedule to incorporate the Menifee Police Department.
5.9 Agreement with Dekra-Lite Industries, Inc. for Military Banner Program Services Councilmember Estrada requested to pull the item for further discussion.
Management Analyst Mandy Stephens answered questions of the City Council.
ACTION
1. Approved and authorized the City Manager to execute a Professional Services Agreement with Dekra-Lite Industries, Inc. for military banner printing and installation services for an initial one-year term in a total not-to-exceed amount of $18,750 through June 30, 2025; and
2. Authorized the City Manager or designee to authorize and/or execute two, one- year extensions in an amount not-to-exceed $18,750 annually.
Item Title: 9.1 July 17, 2024 Minutes
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AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
MOVER: Ricky Estrada
SECONDER: Lesa Sobek
5.10 Agreement with Motte Historical Museum, Inc. for Park Development within the Menifee North Specific Plan Planning Area 10
ACTION
1. Approved and authorized the City Manager to execute the Park Development Agreement with Motte Historical Museum, Inc. for the Menifee North Specific Plan, Planning Area 10, Tentative Tract Map No. 34118, generally located on the north side of Highway 74 from Antelope Road to Juniper Flats Road and an area of land on the south of Ethanac Road west of Case/Matthews Road.
5.11 Agreement with Environmental Systems Research Institute, Inc. for Geographic Information System Technology Software Subscription Services ACTION
1. Approved and authorized the City Manager to execute an Enterprise Agreement with Environmental Systems Research Institute, Inc., for Geographic Information System technology licenses and subscriptions for a three-year term in an amount not-to-exceed $278,310 through June 30, 2027; and
2. Approved and authorized this agreement under Menifee Municipal Code Section
3.12.070(A)(7), waiving the competitive bidding process as the product is a unique commodity; and
3. Authorized the City Manager or his designee to execute all necessary documents related to this agreement.
5.12 Clarifying Authorization of Canon Equipment Lease Per-Page Charges Councilmember Karwin pulled the item for further discussion and asked questions of staff. Chief Information Officer Ron Puccinelli answered questions of the City Council.
ACTION
1. Confirmed the City Council’s June 21, 2023 approval of the five-year equipment lease agreement with Canon for copiers and printers, included approval of the associated per-page costs outlined within the agreement, in an amount of $40,000 for Fiscal Year 2023/2024; and
2. Confirmed approval of an annual increase of up to $5,000 per year of the lease agreement for per-page costs in a total not-to-exceed amount of $250,000 through June 30, 2028.
MOVER: Bob Karwin
SECONDER: Dean Deines
Item Title: 9.1 July 17, 2024 Minutes
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AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
5.13 Memorandum of Understanding with the Arts Council Menifee for Community Art Programs
Councilmember Sobek requested to pull the item for further discussion and asked questions of staff. Community Services Manager Mariana Mitchell answered questions of the City Council.
ACTION
1. Approved and authorized the City Manager to execute a Memorandum of Understanding (MOU) with the Arts Council Menifee for the collaboration of community art programs through June 30, 2027.
MOVER: Lesa Sobek
SECONDER: Bill Zimmerman
5.14 Agreement Amendment with Kimley-Horn and Associates Inc. for the Citywide Traffic Signal Safety Improvements Project
ACTION
1. Approved and authorized the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Kimley-Horn and Associates Inc. for Environmental and Civil Design Services to revise the Disadvantaged Business Enterprises participation commitment for the Citywide Traffic Signal Safety Improvements Project, Capital Improvement Program (CIP) Project No. 24-01.
5.15 Police Department Fleet Vehicle Purchases
ACTION
1. Directed staff to close out Purchase Order No. 03879 and release funds in the amount of $142,384.36; and
2. Approved the purchase of three vehicles from Temecula Valley Toyota in a not-toexceed amount of $127,332.29, including tax and delivery, from the Quality-of- Life Fund; and
3. Approved the issuance of a purchase order from West Coast Lights and Sirens, Inc. in a not-to-exceed amount of $20,018.82 from the General Fund and Quality-of-Life Fund; and
4. Authorized the City Manager to execute the required documents and approve any substitute orders due to limited availability or unavailability of vehicles.
NAYS: None
RECUSE: None
Item Title: 9.1 July 17, 2024 Minutes
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5.16 Change Proceedings for Improvement Area No. 2 of Community Facilities District No. 2023-2, Cimarron Ridge, by Pulte Home Company, LLC
ACTION
1. Adopted Resolution No. 24-1460, of consideration to amend the Rate and Method of Apportionment of special taxes for Improvement Area No. 2 of Community Facilities District No. 2023-2, Cimarron Ridge, located southwest of McLaughlin Road and Byers Road.
5.17 Lot Line Adjustments for Tract Map 32101, Banner Park II, by Pulte Home Company, LLC
ACTION
1. Approved and authorized the filing of two Lot Line Adjustments, LLA24-001, Lot Nos. 198 and 200 and Lot Line Adjustment LLA24-002, Lot Nos. 199, 201 and 202 of Tract Map 32101, located south of Domenigoni Parkway and west of Briggs Road; and
2. Adopted Resolution No. 24-1461, approving the four grant deeds and certificates of acceptance for the Lot Line Adjustments LLA24-001 and LLA24-002; and
3. Approved and authorized the City Manager, or designee, to execute the grant deeds and certificates of acceptance for the Lot Line Adjustments LLA24-001 and LLA24-002.
5.18 Final Maps, Security Improvement Agreements, and Bonds for Tract Maps 37671-1, 37671-2, and 37671-F, Banner Park South, by Pulte Homes Company, LLC ACTION
1. Approved and authorized the filing of the final maps for Tract Map 37671-1, 37671- 2, and 37671-F, Banner Park South, by Pulte Homes Company, LLC, located south of Domenigoni Parkway and west of Briggs Road; and
2. Approved and authorized the City Manager to execute improvement agreements to guarantee completion of required improvements and placement of survey monuments associated with Tract Maps 37671-1, 37671-2, and 37671-F.
5.19 Notice of Completion and Acceptance for the Quail Valley Grid Area Streetlights Project
ACTION
1. Accepted the improvements for the Quail Valley Grid Area Streetlights Project, Capital Improvement Program Project No. 23-08, located south of San Jacinto Road, east of Mountain View Place, west of Williams Drive, and north of Sierra Drive; and
2. Authorized the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
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11. PUBLIC HEARING ITEMS
11.1 Menifee Complete Streets Plan Adoption
Management Analyst Jenny McConville introduced the item and City Consultant with KTUA, Joe Punsulin. Mr. Punsulin provided a presentation.
Mayor Zimmerman opened the public hearing at 7:58 PM. Acting City Clerk Stephanie Roseen stated the public hearing was legally noticed and there was no correspondence or public comments received. Mayor Zimmerman closed the public hearing at 7:59 PM.
Councilmember Karwin requested to remove the allowance of curb parking along McCall Boulevard in front of the Chase Bank for bicycle pedestrian safety.
The City Council asked questions of staff.
ACTION
1. Adopted Resolution No. 24-1462, adopting the Menifee Complete Streets Plan.
MOVER: Lesa Sobek
SECONDER: Dean Deines
12. DISCUSSION ITEMS
12.1 Gale Webb Action Sports Park Restroom Project
Parks Manager Bryce Howell provided a presentation. The City Council asked questions of staff.
The following speakers addressed the City Council.
Amanda Loffer
Michael Knighten
David Foust
Debbie Manion
Shelly Hobbs
The City Council spoke in favor of continuing to research additional funding opportunities and the permanent restroom option, connected to sewer.
ACTION
1. Reviewed and provided direction on the restroom options for the Gale Webb Action Sports Park.
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
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AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
MOVER: Lesa Sobek
SECONDER: Dean Deines
5.20 Business License Fees
Deputy Finance Director Margarita Cornejo provided a presentation.
The City Council asked questions of staff.
The following speakers addressed the City Council.
Michael Knighten
Laurie Garcia
The City Council provided consensus to have staff bring an item back to the City Council to review the business types within the City and consideration for a revised business license program that would include the options for a multi-year registration and small business and/or home-based businesses reduced fee options.
5.21 First Reading and Introduction of an Ordinance Establishing Regulations for Unruly and Loud Conduct
Menifee Police Lieutenant Paul Barbieri provided a presentation.
The City Council asked questions of staff.
Acting City Clerk Stephanie Roseen introduced the ordinance by title.
ACTION
1. Introduced an ordinance adding Chapter 11.07 to Title 11 of the Menifee Municipal Code establishing regulations for loud and unruly conduct from residential, commercial, and multi-family properties.
MOVER: Lesa Sobek
SECONDER: Bob Karwin
5.22 First Reading and Introduction of an Ordinance Establishing Regulations Governing the Possession of Catalytic Converters
Menifee Police Chief Chris Karrer provided a presentation.
The City Council asked questions of staff.
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AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
The following speaker addressed the City Council.
Daryl Terrell
Acting City Clerk Stephanie Roseen introduced the ordinance by title.
ACTION
1. Introduced an ordinance establishing regulations governing the possession of catalytic converters and adding Chapter 11.55, Unlawful Possession of Catalytic Converters, to Title 11 of the Menifee Municipal Code.
MOVER: Lesa Sobek
SECONDER: Bob Karwin
13. CITY ATTORNEY REPORTS
None.
14. CITY MANAGER REPORTS
City Manager Armando Villa introduced Menifee’s new Assistant City Manager, Bryan Jones.
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
Councilmember Estrada requested to remove his future agenda item for RV parking regulations. Additionally, Councilmember Estrada requested a discussion item regarding the City covering the costs of the Military Banner Program. The request received no second.
Councilmember Sobek requested an update from the Homeless Task Force and to share new related laws that may be affecting the City. Mayor Zimmerman seconded the request.
16. ADJOURN
Mayor Zimmerman adjourned the meeting at 9:54 PM.
Stephanie Roseen, CMC
Acting City Clerk
Item Title: 9.1 July 17, 2024 Minutes
Item Page Number: 12
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CITY OF MENIFEE
SUBJECT: Warrant Register
MEETING DATE: August 7, 2024
TO: Mayor and City Council
PREPARED BY: Ann-Marie Etienne, Finance Manager
REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Ratify and approve the Voucher Lists dated 06/28/2024, 07/05/2024, and 07/12/2024, the Payroll Register/Other EFTs dated 07/02/2024, 07/03/2024, 07/05/2024, 7/11/2024, 7/15/2024, and 07/16/2024, and the Void Check Listing PE 06/30/2024 which have a total budgetary impact of $4,808,157.74.
DISCUSSION
The City of Menifee Municipal Code Chapter 3.16.050 requires that the City Council audit payments of demands and direct the City Manager to issue checks. The attached Voucher Lists and all corresponding invoices have been reviewed and approved for accuracy by the Finance Manager and by the Chief Financial Officer. Beginning with the 7/5/2024 Voucher List, transactions and reports are generated through the new ERP system. Therefore, there are slight formatting changes from prior reports. Voucher Lists dated 06/28/2024, 07/05/2024, and 07/12/2024, the Payroll Register/Other EFTs 07/02/2024, 07/03/2024, 07/05/2024, 7/11/2024, 7/15/2024, and 07/16/2024, and the Void Check Listing PE 06/30/2024 have a total budgetary impact of $4,808,157.74.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
As indicated previously, the payments of demand above have a total budgetary impact of $4,808,157.74, which is available in the Fiscal Year 2023/24 and 2024/25 Budget. No additional budget appropriation action(s) is required.
Item Title: 10.2 Warrant Register
Item Page Number: 1
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Warrant Register
August 7, 2024
ATTACHMENTS
1. Voucher Listing 06/28/2024
2. Voucher Listing 07/05/2024
3. Voucher Listing 07/12/2024
4. Payroll Register/Other EFTs
5. Void Check Listing A-P
6. City Credit Card Details
Item Title: 10.2 Warrant Register
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CITY OF MENIFEE
SUBJECT: Fiscal Year 2023/2024 Capital Improvement Program Construction Contract Change Order Report
MEETING DATE: August 7, 2024
TO: Mayor and City Council
PREPARED BY: Jenny McConville, Management Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Receive and file the Capital Improvement Program Construction Contract Change Order activity report for Fiscal Year 2023/2024.
DISCUSSION
Pursuant to Menifee Municipal Code section 3.12.090, the City Council shall receive a report outlining all construction contract change orders that have been issued to contracts within the reporting period.
A summary of all construction contract change order activity within the Capital Improvement Program (CIP) Division of the Public Works Department for Fiscal Year (FY) 2023/2024 is attached to this report. A total of 31 construction contract change orders associated with 14 active construction contracts were executed in FY 2023/2024 which includes change orders that were approved under City Council action and/or under City Manager’s authority. The original value of the 14 active construction contracts totaled just over $46 million. The 31 executed construction contract change orders cumulatively totaled $652,314, or 1.42% of the total amount of the original construction contract values.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The construction contract change orders summarized in the attachment were funded through existing and previously approved respective project budgets within FY 2023/2024. There is no additional fiscal impact associated with the recommended action.
Item Title: 10.3
Fiscal Year 2023/2024 Capital Improvement Program Construction Contract Change Order Report Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 49 of 1560 City of Menifee Staff Report
Monthly Public Safety Reports
May 15, 2024
ATTACHMENTS
1. CIP Contract Change Order Report – FY 2023/2024 Activity Item Title: 10.3
Fiscal Year 2023/2024 Capital Improvement Program Construction Contract Change Order Report Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 50 of 1560 Fiscal Year 2023/2024 Capital Improvement Program Construction Contract Change Order Report Menifee Mayor and City Council August 7, 2024 Page 51 of 1560
CITY OF MENIFEE
SUBJECT: Fiscal Year 2023/2024 Public Works Divisions On-Call Professional Service Master Agreements Annual Update
MEETING DATE: August 7, 2024
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Receive and file the annual summary update on Master Agreement usage in the Public Works Engineering and Capital Improvement Program Divisions for Fiscal Year 2023/2024.
DISCUSSION
The Public Works Land Development Engineering Division (“Engineering”) is responsible for processing and approving developer submittals for private residential, commercial, and industrial developments. Processing of submittals often requires that multiple plan checks and field inspections be performed to comprehensively review all aspects of a project’s proposed onsite and offsite improvements and engineering studies.
The Public Works Capital Improvement Program (CIP) Division is responsible for the planning, design, and implementation of public infrastructure improvement projects throughout the City of Menifee. CIP projects require the support of technical and specialized professional services to move a project through all phases from concept to construction completion. These services include, but are not limited to, environmental assessments, design services, labor compliance, right-of-way acquisition, grant management and materials testing.
On June 21, 2023, the City Council approved as to form the use of multi-year Master Agreements for professional on-call services (“Agreements”) provided by qualified firms previously established on the approved On-Call Short Lists for the Engineering and CIP Divisions. The approved Short Lists were established following a formal request for qualifications solicitation to secure technical and specialized professional services necessary to support land development and capital improvement project activities. City Council also approved not-to-exceed amounts for each Agreement and authorized the issuance of purchase orders (POs) under each of the Agreements Item Title: 10.4
Fiscal Year 2023/2024 Public Works Divisions On-Call Professional Service Master Agreements Annual Update Item Page Number: 1
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Public Works FY23/24 Master Agreements Update
August 7, 2024
on an as-needed basis in the aggregate amount of each Agreement’s not-to-exceed amount, respectively.
Use of the multi-year Agreements began July 1, 2023, with 34 agreements being initially established: 15 for Engineering and 19 for CIP. Since that time, two additional Agreements have been approved by the City Council for Engineering, bringing the total number of approved Agreements to 36. The Agreements were all established with initial three-year terms from July 1, 2023, through June 30, 2026.
To provide transparency in use of the Agreements, staff committed to providing an annual summary of the total POs issued against the Agreements. The attached Engineering Master Agreement Summary sheet and CIP Master Agreement Summary provide an overview of each division’s overall use of their respective Agreements in Fiscal Year (FY) 2023/2024. The summary totals provided incorporate any amendments to an Agreement’s not-to-exceed amount that were previously approved by City Council during FY 2023/2024, as well as any invoices that did not require a PO but were applied against the not-to-exceed amounts of the Agreements. The summaries include the firm names, type(s) of professional services provided, the three-year City Council approved not-to-exceed amounts, the total amount encumbered against each agreement, and the percentage of usage of the not-to-exceed amounts as of June 30, 2024.
These Agreements have streamlined the process of obtaining professional services, allowing staff to respond to development project tasks more quickly and ensure continuity of capital project progress as support needs arise. The multi-year term and not-to-exceed components of the Agreements have greatly reduced the amount of staff time that was previously required for the Finance and Public Works Department’s to reissue annual professional service agreements, as well as reduced the number of staff reports required for small amendments to the various agreements. These efficiencies ultimately benefit the development community and the progression of CIP projects by allowing staff to provide timely response to service demands in both divisions and maintain forward progress on projects.
It is important to note that these Agreements are not used for any contract services requiring formal or informal bidding pursuant to the City’s Municipal Code or state law.
STRATEGIC PLAN OBJECTIVE
Thriving Economy: Implementation of multi-year contracts support objectives in the City’s Strategic Visioning for a Thriving Economy by streamlining internal development related processes and providing more transparency of contract service expenditures for ease of future reporting and contract monitoring.
FISCAL IMPACT
Funding for Engineering’s On-Call Agreements was approved in the FY 2023/2024 and 2024/2025 Budget. Funding for future FY 2025/2026 Agreements would be included during preparation of future Operating Budget requests. The cost of professional services for Engineering On-Call services are offset by developer fees and deposits collected for each specific project and type of review.
Item Title: 10.4
Fiscal Year 2023/2024 Public Works Divisions On-Call Professional Service Master Agreements Annual Update Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 53 of 1560 City of Menifee Staff Report
Public Works FY23/24 Master Agreements Update
August 7, 2024
Funding for CIP On-Call services is supported by various specific project budgets established through the approved 2023-2028 Capital Improvement Program document for all fiscal years.
There is no additional fiscal impact associated with the recommended action.
ATTACHMENTS
1. Engineering Master Agreement Summary
2. CIP Master Agreement Summary
Item Title: 10.4
Fiscal Year 2023/2024 Public Works Divisions On-Call Professional Service Master Agreements Annual Update Item Page Number: 3
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CITY OF MENIFEE
SUBJECT: Developer Funded California Environmental Quality Act Consultant Update for the Fourth Quarter of Fiscal Year 2023/2024
MEETING DATE: August 7, 2024
TO: Mayor and City Council
PREPARED BY: Molly Binnall, Management Analyst II
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Receive and file the fourth quarterly update on executed California Environmental Quality Act consultant contracts for Fiscal Year 2023/2024.
DISCUSSION
At the City Council meeting held on June 21, 2023, City Council adopted Resolution No. 23-1341 to adopt the annual budget for Fiscal Year (FY) 2023/2024, which included budget appropriations of $2,000,000 in expenditures and revenues, specific to the environmental consulting services for privately funded development projects as part of the California Environmental Quality Act (CEQA) process. Additionally, per Resolution No. 21-1073, the City Manager is authorized to execute all professional service agreements with approved environmental firms to CEQA consulting services.
At the initial part of each individual project, a professional services agreement and developer reimbursement agreement is executed defining the scope of work, compensation amount, and required deposit payments from the developer.
It is important to note that all agreement costs for environmental consulting services related to private development are paid for through developer deposits, and that no agreements will be executed prior to receiving the appropriate deposit from the applicant.
A summary of the CEQA contracts that have been executed to date are attached to this report as previously requested by the City Council. A total of 22 contracts have been executed in FY 2023/2024, for a cumulative value of $1,682,910.94.
Item Title: 10.5
Developer Funded California Environmental Quality Act Consultant Update for the Fourth Quarter of Fiscal Year 2023/2024
Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 57 of 1560 City of Menifee Staff Report
FY 2023/2024 CEQA Consultant Update
August 7, 2024
STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
There is no fiscal impact for this item.
ATTACHMENTS
1. FY 2023/2024 Project List and Map
Item Title: 10.5
Developer Funded California Environmental Quality Act Consultant Update for the Fourth Quarter of Fiscal Year 2023/2024
Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 58 of 1560 Developer Funded California Environmental Quality Act Consultant Update for the Fourth Quarter of Fiscal Year 2023/2024 Menifee Mayor and City Council August 7, 2024 Page 59 of 1560 Developer Funded California Environmental Quality Act Consultant Update for the Fourth Quarter of Fiscal Year 2023/2024 Menifee Mayor and City Council August 7, 2024 Page 60 of 1560 Item Title: 10.5
Developer Funded California Environmental Quality Act Consultant Update for the Fourth Quarter of Fiscal Year 2023/2024
Item Page Number: 3
Menifee Mayor and City Council August 7, 2024 Page 61 of 1560
CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of an Ordinance Establishing Regulations Governing the Possession of Catalytic
Converters
MEETING DATE: August 7, 2024
TO: Mayor and City Council
PREPARED BY: Chris Karrer, Police Chief
REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt an ordinance establishing regulations governing the possession of catalytic converters and adding Chapter 11.55, Unlawful Possession of Catalytic Converters, to Title 11 of the Menifee Municipal Code.
DISCUSSION
At the July 17, 2024, City Council meeting, the City Council introduced the first reading of the ordinance to adopt an ordinance establishing regulations governing the possession of catalytic converters and adding Chapter 11.55, Unlawful Possession of Catalytic Converters, to Title 11 of the Menifee Municipal Code. This is the required second reading and adoption. The ordinance would become effective 30 days from the date of adoption.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Ordinance
Item Title: 10.6
Second Reading and Adoption of an Ordinance Establishing Regulations Governing the Possession of Catalytic Converters
Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 62 of 1560 1 ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, ESTABLISHING
REGULATIONS GOVERNING THE POSSESSION OF CATALYTIC CONVERTERS, AND ADDING CHAPTER 11.55 TO TITLE 11 OF THE MENIFEE MUNICIPAL CODE WHEREAS, the City of Menifee seeks to protect the public health, safety, and welfare of all residents, visitors, employees, and business owners; and WHEREAS, the City of Menifee, like many cities across the United States, has experienced an increase of catalytic converter thefts violating state and local law; and WHEREAS, the Menifee Police Department has worked diligently to educate the public and deter criminal activity of this kind.
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:
Section 1. Findings and Purpose.
(A) The City Council finds that theft of catalytic converters has been an increasing problem in Menifee in recent years. In the City, dozens of reports of catalytic converter thefts occur annually impacting many victims. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community. (B) Finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occur and lack of identifying markers on catalytic converters to link a stolen catalytic converter to the victim. The inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for the thefts. This ordinance is necessary to provide the City a means to protect the public, deter this criminal activity, and promote a more productive use of City of Menifee resources.
(C) In accordance with the California Constitution, Article XI, Section 7, a city may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.
(D) The purpose and intent of this Ordinance is to curb the theft of catalytic converters throughout the City and to provide the City with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts.
Section 2. Menifee Municipal Code Chapter 11.55 is hereby added to Title 11 (Peace, Morals, and Safety) as set forth in Exhibit A, attached hereto and incorporated herein in full.
Section 3. Non-exclusive Remedies and Penalties. All remedies and penalties for violations of the prohibitions in this Ordinance shall be cumulative and not exclusive. Enforcement by use of any administrative, criminal or civil action, citation or administrative proceeding or abatement remedy does not preclude the use of additional citations or other remedies as authorized by other ordinance or law.
Enforcement remedies may be employed concurrently or consecutively. Conviction and punishment of or enforcement against any person hereunder shall not relieve such person from the responsibility of correcting, removing, or abating a violation, nor prevent the enforced correction, removal, or abatement thereof.
Section 4. Severability. The provisions of this Ordinance are separate and severable. If any provision of this Ordinance is for any reason held by a court to be unconstitutional or invalid, the City Item Title: 10.6
Second Reading and Adoption of an Ordinance Establishing Regulations Governing the Possession of Catalytic Converters
Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 63 of 1560 2 Council declares that it would have passed this Ordinance irrespective of the invalidity of the provision held to be unconstitutional or invalid. Such unconstitutionality or invalidity shall therefore not affect the remaining provisions of this Ordinance, or the validity of its application to other persons or circumstances.
Section 5. Effective Date. This ordinance shall take effect 30 days from the date of its adoption.
Section 6. Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c).
This Ordinance was introduced and read on the 17 day of July, 2024 and APPROVED AND ADOPTED this 7 of August, 2024.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.6
Second Reading and Adoption of an Ordinance Establishing Regulations Governing the Possession of Catalytic Converters
Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 64 of 1560 3 Exhibit A
TITLE 11: PEACE, MORALS AND SAFETY
Chapter 11.55 - Unlawful Possession of Catalytic Converters Section:
11.55.010 - Definitions
11.55.020 - Unlawful possession of a catalytic converter
11.55.030 - Violations and enforcement
11.55.010 - DEFINITIONS.
As used in this chapter, the following terms shall have the following meanings:
“Catalytic converter” means any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less-toxic pollutants, and shall also mean ‘catalytic converter’ as that term is used in California Vehicle Code Section 10852.5.
“Documentation or other proof” means written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances, which includes, but is not limited to, the following types of documents:
1. Signed bill of sale from the original owner authorizing removal of the catalytic converter, including the vehicle owner’s name, address, and telephone number.
2. Verifiable documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop or similar business.
3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
4. Photographs of the vehicle from which the catalytic converter originated clearly showing the vehicle’s license plate number and vehicle identification number.
5. Vehicle registration associated with the catalytic converter together with photographs showing an etched associated license plate number or vehicle identification number or driver’s license number of registered vehicle owner claimed to have conveyed the catalytic converter to the person now in possession.
“Lawful possession” means (1) being the lawful owner of the catalytic converter or (2) being in possession of the catalytic converter with the lawful owner’s verifiable written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a lawful possession. “Enforcement officer” means a sworn officer of the police department, sworn federal task force officer, building official, code enforcement official, city attorney, or district attorney, and their designees.
Item Title: 10.6
Second Reading and Adoption of an Ordinance Establishing Regulations Governing the Possession of Catalytic Converters
Item Page Number: 3
Menifee Mayor and City Council August 7, 2024 Page 65 of 1560 4 11.55.020 - UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER. (A) Barring any provision of state law permitting the same, it is unlawful for any person to possess any catalytic converter which is not properly installed in a vehicle unless the person has a documentation or other proof verifying they are in lawful possession of the catalytic converter. (B) This section does not apply to a detached catalytic converter, otherwise lawfully possessed, that has been verifiably tested, certified, and labeled or otherwise approved for reuse, and is being bought or sold for purposes of reuse in accordance with (i) the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and regulations under the Clean Air Act; or (ii) or applicable regulations of the California Air Resources Board, as they may be amended from time to time. (C) It is unlawful for any person to knowingly falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.
(D) Evidence of unlawful possession may be presumed by the number of detached catalytic converters within one’s possession and/or by the condition of the dismantled catalytic converter(s), including, but not limited to, the manner a catalytic converter has been detached or cut from a vehicle.
11.55.30 - VIOLATIONS AND ENFORCEMENT.
(A) Misdemeanor Penalty. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for a term not exceeding one year, or by both.
Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of one thousand dollars and by imprisonment in the county jail for one year. (B) State Penalties Apply. Nothing in this chapter shall be intended to limit any of the penalties provided for under California law, including, but not limited to, the Penal Code, with regard to the sale, use, possession, delivery, and/or receipt of catalytic converters. (C) Administrative Civil Penalty. In addition to any other penalties provided by law, whenever an enforcement officer determines a violation of this chapter has occurred, the enforcement officer shall have the authority to issue an administrative citation with an administrative civil penalty to any person responsible for the violation, in accordance with and subject to the provisions of chapter 1.03 of this code.”
Item Title: 10.6
Second Reading and Adoption of an Ordinance Establishing Regulations Governing the Possession of Catalytic Converters
Item Page Number: 4
Menifee Mayor and City Council August 7, 2024 Page 66 of 1560
CITY OF MENIFEE
SUBJECT: Second Reading and Adoption an Ordinance Establishing Regulations for Unruly and Loud Conduct
MEETING DATE: August 7, 2024
TO: Mayor and City Council
PREPARED BY: Paul Barbieri, Lieutenant
REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt an ordinance adding Chapter 11.07 to Title 11 of the Menifee Municipal Code establishing regulations for loud and unruly conduct from residential, commercial, and multifamily properties.
DISCUSSION
At the July 17, 2024, City Council meeting, the City Council introduced the first reading of the ordinance related to the prohibition of unruly or loud conduct which constitutes a threat to public health, safety or welfare; or a disturbance of the quiet enjoyment of property. The establishment of this ordinance would add Chapter 11.07 to Title 11 of the Menifee Municipal Code. This is the required second reading and adoption. The ordinance would become effective 30 days from the date of adoption.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community: this ordinance would allow officers to enforce quality of life issues.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Ordinance
Item Title: 10.7
Second Reading and Adoption an Ordinance Establishing Regulations for Unruly and Loud Conduct Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 67 of 1560 1 ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, ADDING CHAPTER 11.07 TO TITLE 11 OF THE MENIFEE
MUNICIPAL CODE ESTABLISHING REGULATIONS FOR UNRULY OR
LOUD CONDUCT
WHEREAS, the City of Menifee desires the citizens of Menifee to be able to peaceably enjoy their residences, schools, businesses, and public places without the intrusion of unruly or loud conduct; and
WHEREAS, the City Council of the City of Menifee has determined that this Ordinance prohibiting behavior that constitutes a threat to public peace, morals, safety and noise is in the best interests of the citizens of Menifee and is important to the overall quality of life in the City of Menifee; and
WHEREAS, the City Council of the City of Menifee desires to add Chapter 11.07 within Title 11 of the Menifee Municipal Code, establishing regulations prohibiting unruly or loud conduct; and
WHEREAS, the core purpose of this Ordinance is to minimize the unnecessary burden to police resources caused by public disturbance calls, particularly when multiple calls emanate from the same address; to that end, the City Council expects and directs that, except in unusual circumstances, this Ordinance will be administered through escalating administrative citation penalties beginning with a warning and progressing to citations with fees set by City Council resolution, which currently provides – in City Council Resolution 09-100 – for escalating fines of $100 for the first citation, $200 for the second citation; and $500 for the third and subsequent citations; and WHEREAS, on July 17, 2024, the City Council held a duly noticed public meeting at which time members of the public had the opportunity to review the documents presented to the City Council and provide oral comments to the City Council concerning this Ordinance.
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:
Section 1. Menifee Municipal Code Chapter 11.07 is hereby added to Title 11 (Peach, Morals, and Safety) as set forth in Exhibit A, attached hereto and incorporated herein in full.
Section 2. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
Section 3. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every section, subsection, sentence, Item Title: 10.7
Second Reading and Adoption an Ordinance Establishing Regulations for Unruly and Loud Conduct Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 68 of 1560 2 clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 4. Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c).
This Ordinance was introduced and read on the 17th day of July 2024, and PASSED, APPROVED, AND ADOPTED, this day of , 2024.
Bill Zimmerman, Mayor
ATTEST:
Stephanie Roseen, Acting City Clerk
Approved as to form:
Jeffrey T. Melching, City Attorney
Item Title: 10.7
Second Reading and Adoption an Ordinance Establishing Regulations for Unruly and Loud Conduct Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 69 of 1560 3 EXHIBIT A
TITLE 11: PEACE, MORALS, AND SAFETY
CHAPTER 11.07 - UNRULY OR LOUD CONDUCT
Sections:
11.07.010 - Definitions
11.07.020 - Unruly or Loud Conduct
11.07.030 – Violations and Enforcement
11.07.040 - Public Nuisance Declared
11.07.050 - City Manager Administrative Authority
§ 11.07.010 - DEFINITIONS.
For purposes of this chapter, the following shall apply.
JUVENILE. Any person less than 18 years of age.
MINOR or UNDERAGE PERSON. Any person less than 21 years of age.
PARENT or LEGAL GUARDIAN. A person who is a natural parent, adoptive parent, foster parent, or step-parent of another person, or a person who, under court order, is the guardian of another person, or a public or private agency with which a juvenile has been placed by the court.
PARTY, GATHERING or EVENT. A group of two or more persons who have assembled or are assembling for a social occasion or social activity at a residence or on other private property or public property rented for a private purposes; provided, however, that this chapter shall not apply to parties, gatherings, or events where religious services and/or activities protected by Article 1, § 4, of the California Constitution occur.
PERSON RESPONSIBLE or HOST. Includes, but is not limited to:
(1) A person who owns, rents, leases, licenses, or otherwise has control of the property where the party, gathering, or event occurs;
(2) A person in charge of the property, during a party, gathering, or event; (3) A person who organized and/or planned a party, gathering, or event; (4) A person who supervised a party, gathering, or event; and/or (5) The parent or legal guardian of a juvenile that otherwise qualifies as a person responsible or host under any paragraph “(1)” through “(4)” inclusive.
UNRULY or LOUD CONDUCT. The obstruction of streets by crowds or vehicles; public drunkenness; public urination; public defecation; service to, possession of, or consumption of alcoholic beverages by an underage person(s); assaults; batteries; vandalism; littering; Item Title: 10.7
Second Reading and Adoption an Ordinance Establishing Regulations for Unruly and Loud Conduct Item Page Number: 3
Menifee Mayor and City Council August 7, 2024 Page 70 of 1560 4 disturbances of the peace (including without limitation as a result of loud noise associated with a party, gathering, or event); conduct that constitutes a threat to public health, safety, or welfare; or a disturbance of the quiet enjoyment of property.
§ 11.07.020 - PROHIBITION OF UNRULY OR LOUD CONDUCT.
(A) It is unlawful and a public nuisance to engage in unruly or loud conduct (B) It is unlawful and a public nuisance for a person responsible or host to cause or allow a party, gathering, or event at which people engage in unruly or loud conduct. § 11.07.030 – VIOLATIONS AND ENFORCEMENT.
(A) Misdemeanor. Any person who violates §§ 11.07.020 of this chapter shall be guilty of a misdemeanor as provided in Chapter 1.01 the Menifee Municipal Code. (B) Administrative citations. Any person who violates § 11.07.020 of this chapter shall be guilty of violating the City of Menifee Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.03 the Menifee Municipal Code.
(C) Non-exclusivity. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter. §11.07.040 - PUBLIC NUISANCE DECLARED.
Unruly or loud conduct that violates this chapter is declared to be a public nuisance, and the city is authorized to abate the nuisance as authorized by law. §11.07.050 - CITY MANAGER ADMINISTRATIVE AUTHORITY.
The City Manager or his/her designee may develop and adopt administrative regulations that are consistent with the terms and prohibitions of this chapter. This shall include all policies and procedures for the abatement of unruly or loud conduct while meeting procedural safeguards required by city, state or federal law.
Item Title: 10.7
Second Reading and Adoption an Ordinance Establishing Regulations for Unruly and Loud Conduct Item Page Number: 4
Menifee Mayor and City Council August 7, 2024 Page 71 of 1560
CITY OF MENIFEE
SUBJECT: Memorandums of Understanding with the Menifee City Employees’ Associations: General, Professional, and MidManagement Units MEETING DATE: August 7, 2024
TO: Mayor and City Council
PREPARED BY: Bryan Melton, Human Resources Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt a resolution approving a successor Memorandum of Understanding (MOU) between the City and the Menifee City Employees Association (MCEA), General Unit, for the period of July 1, 2024 through June 30, 2027; and
2. Adopt a resolution approving a successor MOU between the City and the MCEA, Professional Unit, for the period of July 1, 2024 through June 30, 2027; and
3. Adopt a resolution approving a successor MOU between the City and the MCEA, MidManagement Unit, for the period of July 1, 2024 through June 30, 2027; and
4. Authorize the City Manager or their designee to execute and implement terms of the MOU and resolutions; and
5. Adopt a resolution approving the Classification and Compensation Plan known as the Authorized Position Listing.
DISCUSSION
The three preceding MOUs between the City of Menifee (City) and the Menifee City Employees Association (MCEA), General, Professional, and Mid-Management Units expired on June 30, 2024. Beginning in November 2023, the City negotiation team had numerous communication exchanges and meetings with the MCEA representatives from all Units.
Item Title: 10.8
Memorandums of Understanding with the Menifee City Employees’ Associations: General, Professional, and MidManagement Units Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 72 of 1560 City of Menifee Staff Report
MOUs with the MCEA, General, Professional, and Mid-Management Units August 7, 2024
All three proposed MOUs are for a three-year term and all parties have come to agreement with the proposed changes as indicated in the three attached MOUs. The primary changes are summarized as follows:
Major Deal Points
A three-year term from July 1, 2024, through June 30, 2027, retroactive upon adoption. All represented employees shall receive a base salary increase as follows:
o July 1, 2024 – 4% Increase
o July 1, 2025 – 4% Increase
o July 1, 2026 – 4% Increase
Revenue Based Salary Increase (New Provision) - In the event property tax and sales tax revenue exceeds budget estimates, excluding Measure DD Quality of Life taxes and one time sales tax collections, base salary amounts would be increased as follows:
o Beginning on July 1, 2025
0.5% Base salary increase (4.5% total) if prior year revenue exceeds estimated revenue by $500,000; or
1% Base salary increase (5% total) if the prior year revenue exceeds estimated revenue by $1,000,000.
o Beginning on July 1, 2026
0.5% Base salary increase (4.5% total) if prior year revenue exceeds estimated revenue by $500,000; or
1% Base salary increase (5% total) if the prior year revenue exceeds estimated revenue by $1,000,000.
Education/Certification Incentive Pay (New Provision) - Degrees and/or Certifications must directly align with the skills and knowledge required for the employee’s current classification, be above the minimum requirements, and require Department and Human Resources approval. Employees may not compound multiple degrees and/or certifications. o Bachelor’s Degree (BA/BS) – 2.0%; or
o Job related certifications above minimum requirements – 2.0%; or o Master’s Degree (MA/MS) – 4.0%
Healthcare Contributions for “Employee Plus Family” would increase as follows:
o Effective July 1, 2024, increase by $150 per month (to $2,100/month) o Effective January 1, 2026, another increase of $150 per month (to $2,250/month) o Effective January 1, 2027, another increase of $150 per month (to $2,400/month) Item Title: 10.8
Memorandums of Understanding with the Menifee City Employees’ Associations: General, Professional, and MidManagement Units Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 73 of 1560 City of Menifee Staff Report
MOUs with the MCEA, General, Professional, and Mid-Management Units August 7, 2024
Midwinter Holiday Closure – Agreement on a standardized schedule for facility closure of nonpublic safety City facilities for the midwinter holidays occurring between Christmas Eve and New Year’s Day for 2024, 2025, and 2026. The schedule of closure dates is outlined below. Bereavement Leave – Allows for recognition of verifiable significant other or unregistered partner living with the employee and updates for compliance with Assembly Bill 1949. Class A Driver’s License – Increases monthly stipend from $50 to $75 for employees who operate City vehicles which require a valid Class A California Driver’s License. Tool Allowance – Increases the allowance for Fleet Division positions utilizing their personal tools for City use from $750 to $2,000 annually.
Parental Leave (New Provision/Current Practice) - Incorporates the current practice of providing 40 hours of paid leave for the birth or placement of a child into the employee’s home. Compensatory Time Off (CTO) Cap – The maximum accumulation increases from 120 hours to 160 hours.
The MCEA MOU 2024-2027 for each Unit represents the full and complete negotiated and agreed upon MOU. Upon approval of the MOU and adoption of the attached resolutions, the MCEA MOUs for General, Professional, and Mid-Management Units shall be ratified and fully executed.
Item Title: 10.8
Memorandums of Understanding with the Menifee City Employees’ Associations: General, Professional, and MidManagement Units Item Page Number: 3
Menifee Mayor and City Council August 7, 2024 Page 74 of 1560 City of Menifee Staff Report
MOUs with the MCEA, General, Professional, and Mid-Management Units August 7, 2024
Background
Section 3505.1 of the Meyers-Milias-Brown Act provides that "If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding". Once approved by the governing body of a local agency, a memorandum of understanding becomes a binding agreement between the employee organization and the local agency.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
A portion of the negotiated changes for the MCEA MOUs (all Units) salary and benefits outlined in the MOUs are included in the City’s adopted budgets for Fiscal Year (FY) 2024/2025 and result in a fiscal impact of approximately $1,251,651. The portion not included in the FY 2024/25 budget amounts to approximately $264,514 and would be addressed during the mid-year budget review depending on vacancies and other factors. The costs for FY 2025/26 and 2026/27 are anticipated to be approximately $2,584,777 and $3,712,739, respectively. These costs would be appropriated into the respective years’ budget as part of the next two-year budget cycle. The compensation schedule (Authorized Position Listing & Compensation) shall be adjusted accordingly.
ATTACHMENTS
1. Resolution - MCEA General Unit MOU
2. Exhibit A - MCEA General Unit MOU
3. Resolution - MCEA Professional Unit MOU
4. Exhibit A - MCEA Professional Unit MOU
5. Resolution - MCEA Mid-Management Unit MOU
6. Exhibit A - MCEA Mid-Management Unit MOU
7. Resolution - Authorized Position and Compensation Listing
8. Exhibit A - Authorized Position and Compensation Listing Item Title: 10.8
Memorandums of Understanding with the Menifee City Employees’ Associations: General, Professional, and MidManagement Units Item Page Number: 4
Menifee Mayor and City Council August 7, 2024 Page 75 of 1560 1 RESOLUTION NO. 24-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
APPROVING A SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN THE
MENIFEE CITY EMPLOYEES ASSOCIATION, GENERAL UNIT FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2027
WHEREAS, the City of Menifee (“City”) has formally recognized the Menifee City Employees Association (“MCEA”) General Unit as the exclusive employee organization for the non-police department general employees bargaining unit; and
WHEREAS, the prior Memorandum of Understanding (“MOU”) between the City and the MCEA General Unit expired on June 30, 2024; and
WHEREAS, the City and MCEA General Unit have successfully met and conferred to reach a Tentative Agreement for a Successor MOU between the City and the MCEA General Unit employees for the period of July 1, 2024 through June 30, 2027, attached hereto, pursuant to the Meyers-Milias-Brown Act ("MMBA")(Gov't Code Sections 3500-3511); such MOU is attached to this Resolution as “Exhibit A” and incorporated herein by this reference; and
WHEREAS, MMBA Section 3505.1 provides that: "If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding"; and WHEREAS, the City labor representatives and the MCEA General Unit representatives have also jointly and concurrently prepared a proposed successor MCEA General Unit Memorandum of Understanding for the period July 1, 2024 through June 30, 2027, where once approved by the governing body of a local agency becomes a binding agreement between the employee organization and the local agency.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California does hereby DETERMINE and ORDER as follows:
Section 1. That the City Council approves the Memorandum of Understanding between the City and the Menifee City Employees Association General Unit for the period July 1, 2024 through June 30, 2027, a full copy of which is attached hereto as “Exhibit A” and by this reference made a part hereof.
Section 2. That the City Council authorize the City Manager or designee to execute and implement terms of the Memorandum of Understanding between the City and Menifee City Employees Association General Unit for the period of July 1, 2024 through June 30, 2027.
Item Title: 10.8
Memorandums of Understanding with the Menifee City Employees’ Associations: General, Professional, and MidManagement Units Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 76 of 1560 City of Menifee
Resolution Approving MCEA General Unit MOU 2024-2027
2 PASSED, APPROVED AND ADOPTED this 7 day of August, 2024 ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.8
Memorandums of Understanding with the Menifee City Employees’ Associations: General, Professional, and MidManagement Units Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 77 of 1560 City of Menifee
Resolution Approving MCEA General Unit MOU 2024-2027
3 Exhibit “A”
Memorandum of Understanding
Between
City of Menifee
and
Menifee City Employees’ Association
(General Unit)
Item Title: 10.8
Memorandums of Understanding with the Menifee City Employees’ Associations: General, Professional, and MidManagement Units Item Page Number: 3
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Menifee Mayor and City Council August 7, 2024 Page 134 of 1560 1 RESOLUTION NO. 24-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
APPROVING A SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN THE
MENIFEE CITY EMPLOYEES ASSOCIATION, PROFESSIONAL UNIT FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2027
WHEREAS, the City of Menifee (“City”) has formally recognized the Menifee City Employees Association (“MCEA”) Professional Unit as the exclusive employee organization for the Professional employees bargaining unit; and
WHEREAS, the prior Memorandum of Understanding (“MOU”) between the City and the MCEA Professional Unit expired on June 30, 2024; and
WHEREAS, the City and MCEA Professional Unit have successfully met and conferred to reach a Tentative Agreement for a Successor MOU between the City and the MCEA Professional Unit employees for the period of July 1, 2024 through June 30, 2027, attached hereto, pursuant to the MeyersMilias-Brown Act ("MMBA")(Gov't Code Sections 3500-3511); such MOU is attached to this Resolution as “Exhibit A” and incorporated herein by this reference; and WHEREAS, MMBA Section 3505.1 provides that: "If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding"; and WHEREAS, the City labor representatives and the MCEA Professional Unit representatives have also jointly and concurrently prepared a proposed successor MCEA Professional Unit Memorandum of Understanding for the period July 1, 2024 through June 30, 2027, where once approved by the governing body of a local agency becomes a binding agreement between the employee organization and the local agency.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California does hereby DETERMINE and ORDER as follows:
Section 1. That the City Council approves the Memorandum of Understanding between the City and the Menifee City Employees Association Professional Unit for the period July 1, 2024 through June 30, 2027, a full copy of which is attached hereto as “Exhibit A” and by this reference made a part hereof.
Section 2. That the City Council authorize the City Manager or designee to execute and implement terms of the Memorandum of Understanding between the City and Menifee City Employees Association Professional Unit for the period of July 1, 2024 through June 30, 2027.
Item Title: 10.8
Memorandums of Understanding with the Menifee City Employees’ Associations: General, Professional, and MidManagement Units Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 135 of 1560 City of Menifee
Resolution Approving MCEA Professional Unit MOU 2024-2027 2 PASSED, APPROVED AND ADOPTED this 7 day of August, 2024 ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.8
Memorandums of Understanding with the Menifee City Employees’ Associations: General, Professional, and MidManagement Units Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 136 of 1560 City of Menifee
Resolution Approving MCEA Professional Unit MOU 2024-2027 3 Exhibit “A”
Memorandum of Understanding
Between
City of Menifee
and
Menifee City Employees’ Association
(Professional Unit)
Item Title: 10.8
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Menifee Mayor and City Council August 7, 2024 Page 189 of 1560 1 RESOLUTION NO. 24-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
APPROVING A SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN THE
MENIFEE CITY EMPLOYEES ASSOCIATION, MID-MANAGEMENT UNIT FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2027
WHEREAS, the City of Menifee (“City”) has formally recognized the Menifee City Employees Association (“MCEA”) Mid-Management Unit as the exclusive employee organization for Mid-Management employees bargaining unit; and
WHEREAS, the prior Memorandum of Understanding (“MOU”) between the City and the MCEA Mid-Management Unit expired on June 30, 2024; and
WHEREAS, the City and MCEA Mid-Management Unit have successfully met and conferred to reach a Tentative Agreement for a Successor MOU between the City and the MCEA Mid-Management Unit employees for the period of July 1, 2024 through June 30, 2027, attached hereto, pursuant to the Meyers-Milias-Brown Act ("MMBA")(Gov't Code Sections 3500-3511); such MOU is attached to this Resolution as “Exhibit A” and incorporated herein by this reference; and WHEREAS, MMBA Section 3505.1 provides that: "If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding"; and WHEREAS, the City labor representatives and the MCEA Mid-Management Unit representatives have also jointly and concurrently prepared a proposed successor MCEA Mid-Management Unit Memorandum of Understanding for the period July 1, 2024 through June 30, 2027, where once approved by the governing body of a local agency becomes a binding agreement between the employee organization and the local agency.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California does hereby DETERMINE and ORDER as follows:
Section 1. That the City Council approves the Memorandum of Understanding between the City and the Menifee City Employees Association Mid-Management Unit for the period July 1, 2024 through June 30, 2027, a full copy of which is attached hereto as “Exhibit A” and by this reference made a part hereof.
Section 2. That the City Council authorize the City Manager or designee to execute and implement terms of the Memorandum of Understanding between the City and Menifee City Employees Association Mid-Management Unit for the period of July 1, 2024 through June 30, 2027.
Item Title: 10.8
Memorandums of Understanding with the Menifee City Employees’ Associations: General, Professional, and MidManagement Units Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 190 of 1560 City of Menifee
Resolution Approving MCEA Mid-Management Unit MOU 2024-2027 2 PASSED, APPROVED AND ADOPTED this 7 day of August, 2024 ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.8
Memorandums of Understanding with the Menifee City Employees’ Associations: General, Professional, and MidManagement Units Item Page Number: 2
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Resolution Approving MCEA Mid-Management Unit MOU 2024-2027 3 Exhibit “A”
Memorandum of Understanding
Between
City of Menifee
and
Menifee City Employees’ Association
(Mid-Management Unit)
Item Title: 10.8
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Menifee Mayor and City Council August 7, 2024 Page 243 of 1560 RESOLUTION NO. 24-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR THE CITY OF MENIFEE FOR FISCAL YEAR 2024/2025
WHEREAS, it is necessary to amend the City’s Classification and Compensation plan from time to time to maintain a current plan which reflects the organizational structure, workload, or otherwise; and
WHEREAS, the Classification and Compensation Plan has been updated to reflect changes related to the approval of a successor Memorandum of Understanding (MOU) between the City and the Menifee City Employees Association (MCEA) for the General Unit, Professional Unit, and Mid-Management Unit; and
WHEREAS, the Classification and Compensation Plan, including the schedule of authorized positions, attached hereto, is hereby adopted pursuant to Section 45001 of the California Government Code; such list is attached to this Resolution as “Exhibit A” and incorporated herein by this reference; and
WHEREAS, the changes to the Classification and Compensation Plan as related to the budget require Council approval; and
WHEREAS, the Classification and Compensation Plan shall become effective July 1, 2024, and may be, thereafter, amended; and
WHEREAS, the City Manager shall implement the attached Classification and Compensation Plan and has the authority to select and appoint employees in accordance with the City’s Personnel Rules and Regulations; and
WHEREAS, the City Manager in accordance with the City of Menifee Municipal Code Section
2.08.060(B), shall administer the City personnel system; this resolution specifically authorizes the City Manager to establish, fix and alter job classifications including titles, descriptions, compensation and number of positions in the Classification and Compensation Plan as needed, subject to the total personnel expenditure budget limitations approved by the City Council, and in accordance with the provisions of Gov. Code 3500 et. seq., if applicable; and WHEREAS, all prior resolutions and parts of this resolution in conflict with this resolution are hereby rescinded.
NOW, THEREFORE, BE IT RESOLVED that the City of Menifee, California, does hereby determine and order as follows:
Section 1: The City Council hereby does adopt the Classification and Compensation Plan effective July 1, 2024 as presented herewith.
Item Title: 10.8
Memorandums of Understanding with the Menifee City Employees’ Associations: General, Professional, and MidManagement Units Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 244 of 1560 Classification and Compensation Resolution for FY2024-25 PASSED, APPROVED AND ADOPTED this 7th DAY OF AUGUST, 2024.
Bill Zimmerman, Mayor
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to form:
Jeffrey A. Melching, City Attorney
Item Title: 10.8
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CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Hunden Partners for Placemaking, Identity, and Tourism Master Plan Consulting Services
MEETING DATE: August 7, 2024
TO: Mayor and City Council
PREPARED BY: Kayla Charters, Acting Economic Development Manager REVIEWED BY: Bryan Jones, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute a Professional Services Agreement with Hunden Partners for consulting services for the Placemaking, Identity, and Tourism Master Plan, in a total not-to-exceed amount of $125,000 through June 30, 2025.
DISCUSSION
As a new city, Menifee faces the challenge of developing a distinct sense of place that leverages the community’s historic and scenic assets and makes the City a highly attractive and desired destination for residents, businesses, and visitors. With this in mind, the City Council established the development of Menifee’s unique identity as one of five strategic priorities identified within the Strategic Plan. The Strategic Plan objectives associated with the development of Menifee’s unique identity are detailed as follows:
Objective A: Conduct a place-making and tourism feasibility study as part of developing Menifee as a destination City.
Objective B: Conduct a regional events assessment to identify a signature event that will help make Menifee a destination City.
To address these objectives, staff began the process of soliciting proposals from qualified consultants to facilitate the development of a Placemaking, Identity, and Tourism Master Plan.
With only one proposal received by the December 15, 2023, deadline following the issuance of a Request for Proposals (RFP), the original RFP issuance was canceled. Staff then analyzed the feedback that was provided by the potential firms, which requested more information regarding the budget for the project. Staff revised the scope of work to include budget information and Item Title: 10.9
Bid Award and Agreement with Hunden Partners for Placemaking, Identity, and Tourism Master Plan Consulting Services Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 251 of 1560 City of Menifee Staff Report
Agreement for Placemaking, Identity, and Tourism Master Plan August 7, 2024
additional details to encourage additional proposal responses. A new RFP was released on April 10, 2024, and the City received seven proposal responses. A review committee comprised of city staff from multiple departments completed a comprehensive evaluation of the proposals received.
Proposals were reviewed and ranked based on the qualifications and experience of the firms and their project team, service delivery approach, and cost. The average scores for the RFP evaluation summary are shown in Table 1.
TABLE 1 – RFP EVALUATION SUMMARY
Firm RFP Evaluation Score
Destination by Design 73.75
Future IQ 74.25
Hunden Partners 82.75
JLL 77.50
PSM 66.25
RGS 77.75
Think Place Agency 77.25
Following the initial evaluation process, staff determined that an interview phase would be needed to make a final decision. The top four bidders with the highest bid evaluation scores were then interviewed and evaluated. The scores and cost proposals are outlined in Table 2 below. Hunden Partners was the highest scoring during this phase and was ultimately selected for the project.
The total cost for the professional services with Hunden Partners is $125,000.
TABLE 2 – RFP INTERVIEW SUMMARY
Firm Interview Evaluation Score Cost Proposal
Hunden Partners 76.25 $125,000
JLL 61.75 $131,250
RGS 51.75 $124,384
Think Place Agency 73.25 $139,820
Hunden Partners provided a proposal that was rooted in data-driven research and stakeholder community member input that focused on destination assessment, product retention, expansion, attraction and development, and prioritization of efforts that would best support the growth and competitiveness of the City’s tourism economy. Hunden Partners detailed eight tasks to achieve the Placemaking Plan including:
• Task 1 – Kickoff and Discovery
• Task 2 – Creation of Webpage and Resident Sentiment Survey • Task 3 – Public and Stakeholder Engagement
• Task 4 – Menifee Destination Overview
• Task 5 – Economic and Demographic Analysis
• Task 6 – Destination Product/Signature Events/Asset Opportunity Analysis Item Title: 10.9
Bid Award and Agreement with Hunden Partners for Placemaking, Identity, and Tourism Master Plan Consulting Services Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 252 of 1560 City of Menifee Staff Report
Agreement for Placemaking, Identity, and Tourism Master Plan August 7, 2024
• Task 7 – Product Investment and Signature Events Recommendations • Task 8 – Creation of Final Placemaking Plan
The amount of the proposed Professional Services Agreement exceeds the City Manager’s signing authority. Pursuant to Menifee Municipal Code §3.12.040, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Unique Identity: Through the creation of this Placemaking, Identity, and Tourism Master Plan, the City would achieve Objectives A & B under Strategic Priority and Goal of Unique Identity.
FISCAL IMPACT
The fiscal impact of the proposed agreement with Hunden Partners is not-to-exceed $125,000.
Funding for the proposed agreement with Hunden Partners is available within the Fiscal Year 2024/2025 Budget under One-Time Consulting Services within the General Fund, Economic Development Department (1100-50-ECD-652855). No additional budget appropriation action is required.
ATTACHMENTS
1. Agreement - Hunden Partners
Item Title: 10.9
Bid Award and Agreement with Hunden Partners for Placemaking, Identity, and Tourism Master Plan Consulting Services Item Page Number: 3
Menifee Mayor and City Council August 7, 2024 Page 253 of 1560 2905/031858-0001
18155996.1 a06/12/24
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
PLACEMAKING, IDENTITY, & TOURISM MASTER PLAN
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2024 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and HUNDEN PARTNERS, 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 August 7, 2024 and shall end on June 30, 2025 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: 10.9
Bid Award and Agreement with Hunden Partners for Placemaking, Identity, and Tourism Master Plan Consulting Services Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 254 of 1560 2905/031858-0001
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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 Twenty Five Thousand Dollars and Zero Cents ($125,000.00) 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. The $125,000 sum includes all research, travel, and related expenses for up to two (2) trips to Menifee throughout the study process. Any additional trips will be billed at $1,400 per-person per-day. Any such additional trips over the two (2) included will require a written amendment to this Agreement, as provided for herein. 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 during the term of this Agreement, based on the following billing schedule, broken down by deliverable milestone:
a. Kickoff to begin Study: $18,500
b. Delivery of revised work plan, draft webpage, and draft survey: $26,000 c. Delivery of findings and recommendations presentation: $48,000 d. Delivery of Draft Master Plan: $20,000
e. Delivery of Final Master Plan: $12,500
2.2 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; Item Title: 10.9
Bid Award and Agreement with Hunden Partners for Placemaking, Identity, and Tourism Master Plan Consulting Services Item Page Number: 2
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a. 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;
b. Receipts for expenses to be reimbursed;
c. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.3 Payment Terms. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.4 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. The City will not unreasonably withhold payment for Hunden’s reasonable best efforts to complete the Services satisfactorily.
2.5 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.
2.6 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.7 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
Item Title: 10.9
Bid Award and Agreement with Hunden Partners for Placemaking, Identity, and Tourism Master Plan Consulting Services Item Page Number: 3
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1.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
1.7 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility 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 selfinsurance program to meet those requirements, but only if the program of self-insurance complies Item Title: 10.9
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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 selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(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.
Item Title: 10.9
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a. 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.
(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.
2.3 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:
PLACEMAKING, IDENTITY, & TOURISM MASTER PLAN. 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 Item Title: 10.9
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the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
a. 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 selfinsured 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.
b. 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.
c. 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.
2.4 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; Item Title: 10.9
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a. 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 b. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification 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.
Item Title: 10.9
Bid Award and Agreement with Hunden Partners for Placemaking, Identity, and Tourism Master Plan Consulting Services Item Page Number: 8
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SECTION 1. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to 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.
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 2. LEGAL REQUIREMENTS.
2.1 Governing Law. The laws of the State of California shall govern this Agreement.
2.2 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.
2.3 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. -This section does not apply.
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 Item Title: 10.9
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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 nonpayment 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. -This section does not apply. 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. -This section does not apply. (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. -This section does not apply.
(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. -This section does not apply. (iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. -This section does not apply.
1.3 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. -This section does not apply (iv) 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. -This section does not apply.
(v) 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. -This section does not apply.
Item Title: 10.9
Bid Award and Agreement with Hunden Partners for Placemaking, Identity, and Tourism Master Plan Consulting Services Item Page Number: 10
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(vi) 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. -This section does not apply. a. 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. -This section does not apply. b. 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. -This section does not apply. c. 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. – This section does not apply.
1.3 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.
1.4 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 Item Title: 10.9
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“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.
7.7 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 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 1. TERMINATION AND MODIFICATION.
1.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
1.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
1.3 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.
1.4 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.
1.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
1.6 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 Item Title: 10.9
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than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 2. KEEPING AND STATUS OF RECORDS.
2.1 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.
2.2 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 nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Item Title: 10.9
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Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that 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 3. MISCELLANEOUS PROVISIONS.
3.1 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.
3.2 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.
3.3 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.
3.4 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.
Item Title: 10.9
Bid Award and Agreement with Hunden Partners for Placemaking, Identity, and Tourism Master Plan Consulting Services Item Page Number: 14
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3.5 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, Item Title: 10.9
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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 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 Robin Scott Hunden, CEO (“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, Kristina Hernandez, Industry Marketing & Tourism Coordinator (“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:
3.1 3.2 HUNDEN PARTNERS
3.3 Attn: Robin Scott Hunden, CEO
3.4 213 W. INSTITUTE PLACE, SUITE 707
3.5 CHICAGO, IL 60610
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Kristina Hernandez, Industry Marketing & Tourism Coordinator with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Item Title: 10.9
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0.6 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
0.7 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.
0.8 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.
0.9 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.
0.10 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.
0.11 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.
0.12 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.
Item Title: 10.9
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0.13 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
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interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement.
3.1 3.2 [Signatures on Following Page]
Item Title: 10.9
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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:
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Robin Scott Hunden, CEO
Matthew Avila, Project Manager
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include PLACEMAKING, IDENTITY, & TOURISM MASTER PLAN services in the amount not to exceed One Hundred Twenty Five Thousand Dollars and Zero Cents ($125,000.00) as further detailed in the following page(s).
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Item Title: 10.9
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CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for Menifee Road Resurfacing Project MEETING DATE: August 7, 2024
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute a Contract Services Agreement with Copp Contracting, Inc. for construction services for Menifee Road Resurfacing - Aldergate Drive to McCall Boulevard Project, Capital Improvement Program (CIP) Project No. 24-21, located east of the I-215 freeway between McCall Boulevard and 500 feet north of Aldergate Drive, in a total not-to-exceed amount of $1,430,470.92; and
2. Adopt a budget amendment resolution appropriating $92,500 for the Project within the Grant Fund 2301.
DISCUSSION
The Menifee Road Resurfacing – Aldergate Drive to McCall Boulevard Project, CIP Project No. 24-21 (“Project”), would consist of resurfacing the existing pavement from 600’ north of Aldergate Drive to McCall Boulevard. The Project would include the removal and replacement of striping over the entire Project area, the addition of dedicated bike lanes where the existing pavement width permits, and signage.
Due to differences in pavement condition, the methods of resurfacing would be divided into two segments within the Project area. The first Project segment would begin approximately 600’ north of Aldergate Drive and continue to Simpson Road. Within this segment, a layer of Asphalt Rubber Aggregate Membrane (ARAM), which a mixture of rubberized asphalt emulsion and 3/8” rock aggregate, would be applied over the existing pavement, followed by a layer of type II Slurry Seal.
The second Project segment would begin at Simpson Road and continue to McCall Boulevard.
This segment would consist of a 2” grind of the existing pavement, followed by a layer of ARAM, and then capped with 1.7” thick Asphalt Rubber Hot Mix.
Item Title: 10.10
Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for Menifee Road Resurfacing Project Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 285 of 1560 City of Menifee Staff Report
CIP 24-21 Copp Contracting, Inc. Bid Award
August 7, 2024
On March 20, 2024, City Council accepted grant funds received through the Cycle 16 Rubberized Pavement Grant Program for the Project and authorized the City Manager to execute the Grant Agreement with the California Department of Resources Recycling and Recovery (CalRecycle) in the amount of $92,500. At that time, the Project was still in the design phase, with construction anticipated to begin in Fiscal Year (FY) 2024/2025. Adoption of the proposed Budget Amendment Resolution (BAR) would appropriate these funds to the Project budget for use during the construction phase, which is anticipated to begin in August 2024.
On June 18, 2024, an electronic bid opening was held following the administration of a formal competitive bid process for construction services for the Project. The bid opening resulted in the receipt of eight bid submissions with several bids submitted in amounts lower than the Engineer’s Estimate, as summarized in Table 1 below.
TABLE 1 – BID RESULTS SUMMARY
Firm Name Total Base Bid Amount Lowest and Responsible Bidder Engineers Estimate $1,490,200.00
Copp Contracting, Inc. $1,430,470.92 X
Vance Corporation. $1,437,551.25
Onyx Paving Company, Inc $1,441,000.00
Hardy & Harper, Inc $1,525,000.00
All American Asphalt $1,549,549.00
R.J. Noble Company. $1,726,936.42
Staff reviewed the lowest bid and determined that Copp Contracting, Inc. (“Contractor”) met the requirements for recommendation as the lowest responsive and responsible bidder. The total cost for construction services with the Contractor is $1,430,470.92. Construction management and inspection services would be provided by City staff and ancillary services, such as labor compliance and materials testing, would be procured separately.
The total estimated construction cost is $1,633,517.92, which would include construction services, ancillary services such as labor compliance and materials testing, as well as other unforeseen costs that may arise during construction.
If approved by the City Council, the tentative Project schedule would be as follows:
Construction Start: August 2024
Construction End: October 2024
City Council Acceptance: December 2024
The timeline above assumes no delays due to weather or unforeseen conditions.
Environmental Impact
The proposed Project has been determined to be Categorically Exempt under the California Environmental Quality Act (“CEQA”) and CEQA Guidelines, Section 15301, Existing Facilities.
Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Class 1 includes the following example of a Project that would be exempt under this section: (c) [minor alterations to Item Title: 10.10
Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for Menifee Road Resurfacing Project Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 286 of 1560 City of Menifee Staff Report
CIP 24-21 Copp Contracting, Inc. Bid Award
August 7, 2024
Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes. The Project is for the minor alteration of an existing paved road for public safety, all within the existing City rightof-way (“ROW”). No additional automobile lanes will be created by the Project. The proposed Project is the minor alteration of an existing public facility (“City Street”) involving a negligible expansion of the existing use. The Project is exempt per Section 15301.
The proposed Project is also exempt under the general rule that CEQA applies only to Projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Section 15061(b)(3)). There is no possibility that the activity in question would have a significant effect on the environment because the proposed Project is occurring in an area that is heavily disturbed and is not environmentally sensitive.
The amount of the proposed Contract Services Agreement (“Contract”) exceeds the City Manager’s signing authority. Pursuant to Menifee Municipal Code §3.12.040, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The fiscal impact of the proposed Contract with Copp Contracting, Inc. is in the total amount notto-exceed $1,430,470.92. The total anticipated fiscal impact for the construction phase of the Project, which includes the cost of the Contract, ancillary services such as materials testing and labor compliance, as well as unforeseen costs that may arise during construction, is $1,633,517.92. Funding for the Contract is available in the FY 2024/2025 budget within the SB1 Road Maintenance Rehabilitation Fund (2201-55-PWD-CIPS-658011). The Finance Department would appropriate corresponding revenues and expenditures within the Grant Fund (2301-55- PWD-CIPS-658011) for the Project in the amount of $92,500, as summarized in Table 2 below.
TABLE 2 – PROJECT BUDGET
Fund Available Budget Anticipated Cost
SB1 Road Maintenance Rehab Fund $1,690,000 $1,337,970.32 Grant
(CalRecycle Rubberized Pavement
Grant)
$92,500 $92,500.00
TOTAL $1,782,500 $1,430,470.92
Item Title: 10.10
Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for Menifee Road Resurfacing Project Item Page Number: 3
Menifee Mayor and City Council August 7, 2024 Page 287 of 1560 City of Menifee Staff Report
CIP 24-21 Copp Contracting, Inc. Bid Award
August 7, 2024
ATTACHMENTS
1. Project Location Map
2. Agreement
3. Budget Amendment Resolution
Item Title: 10.10
Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for Menifee Road Resurfacing Project Item Page Number: 4
Menifee Mayor and City Council August 7, 2024 Page 288 of 1560 Item Title: 10.10
Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for Menifee Road Resurfacing Project Item Page Number: 1
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CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP 24-21 MENIFEE ROAD RESURFACING ALDERGATE DRIVE TO MCCALL
BOULEVARD
This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and COPP CONTRACTING, INC. (“Contractor”), whose principal business address is 6751 STANTON AVE, BUENA PARK, CA 90621 on the ________ day of ______________, 20_______.
In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows:
1. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the CIP 24-21 MENIFEE ROAD RESURFACING ALDERGATE DRIVE TO MCCALL BOULEVARD to be constructed in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void.
2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.
3. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents.
The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed.
Item Title: 10.10
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1. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.
2. COVID-19 SAFETY
If Contractor or subcontractor(s) enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
3. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.]
4. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person’s compensation, terms, conditions or privileges of employment because of such person’s race, religious status, sex or age.
5. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.
6. WORKERS’ COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the Item Title: 10.10
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provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”
1. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.
2. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested.
3. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services.
4. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.
5. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch
6. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.
7. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties Item Title: 10.10
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where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.
I have read and understood all of the provisions of this Section 15, above:
(Initial) (Initial)
1. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor. [Signatures are on the follow page]
Item Title: 10.10
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IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
AGENCY:
City of Menifee
By:
Armando G. Villa, City Manager
CONTRACTOR:
By:
Name: Ezekiel A. Copp, President______
Its:
APPROVED AS TO FORM:
By:
Jeffrey T. Melching, City Attorney
By:
Name: Erlinda Copp, Secretary
Its:
ATTEST:
By:
Stephanie Roseen, Acting City Clerk
Contractor’s City Business License No.
State Contractor License No. & Class
6751 STANTON AVE
Street Address
BUENA PARK, CA 90621
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
Item Title: 10.10
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EXHIBIT A
CONTRACT DOCUMENTS
If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable, shall be retained with a copy of this Agreement. Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
The numerical reference for the Bid Package or Request for Proposals is: __75__________.
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards Item Title: 10.10
Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for Menifee Road Resurfacing Project Item Page Number: 6
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4
8 8
4 1
EXHIBIT B
CONTRACT PRICE
One Million Four Hundred Thirty Thousand Four Hundred Seventy Dollars and Ninety Two Cents ($1,430,470.92)
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.
Item Title: 10.10
Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for Menifee Road Resurfacing Project Item Page Number: 7
Menifee Mayor and City Council August 7, 2024 Page 296 of 1560 290/031858-0008
7645681.2 a03/21/23
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Item Title: 10.10
Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for Menifee Road Resurfacing Project Item Page Number: 8
Menifee Mayor and City Council August 7, 2024 Page 297 of 1560 290/031858-0008
7645681.2 a00/00/00 Page 9
Item Title: 10.10
Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for Menifee Road Resurfacing Project Item Page Number: 9
Menifee Mayor and City Council August 7, 2024 Page 298 of 1560 290/031858-0008
7645681.2 a00/00/00 Page 10
Item Title: 10.10
Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for Menifee Road Resurfacing Project Item Page Number: 10
Menifee Mayor and City Council August 7, 2024 Page 299 of 1560 290/031858-0008
7645681.2 a00/00/00 Page 11
Item Title: 10.10
Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for Menifee Road Resurfacing Project Item Page Number: 11
Menifee Mayor and City Council August 7, 2024 Page 300 of 1560 290/031858-0008
7645681.2 a00/00/00 Page 12
Item Title: 10.10
Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for Menifee Road Resurfacing Project Item Page Number: 12
Menifee Mayor and City Council August 7, 2024 Page 301 of 1560 RESOLUTION NO. 24-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2024/25 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2023/24 and Fiscal Year 2024/25 with Resolution 23-1341 on June 21st, 2023; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY2024/25 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
Grant Fund 2301 Adopted FY 2024/25 Revenue Budget: $0.00
1. Record Appropriation(s):
Amended Grant Fund 2301 FY 2024/25 Revenue Budget: $1,041,838.43 Grant Fund 2301 Adopted FY 2024/25 Expenditure Budget: $0.00
2. Record Appropriation(s):
CITY
COUNCIL
MEETING
DESCRIPTION ACCOUNT # AMOUNT
June 5, 2024 Mid-Cycle Budget Adjustments Various $633,759.00 July 17, 2024
Grant: National Opiate Litigation
Settlement
2301-00-XNC-XNCL000-00000-441000 38,384.38
July 17, 2024 Grant: Cannabis Tax Fund
2301-00-XNC-XNCL000-00000-441002 277,195.05
August 7, 2024
CalRecycle Cycle 16:
Rubberized Pavement Grant
Program CIP 24-21 (McCall
Blvd Project)
2301-00-XNC-XNCL000-00000-441002 $92,500
TOTAL: $1,041,838.43
CITY
COUNCIL
MEETING
DESCRIPTION ACCOUNT # AMOUNT
June 5, 2024 Mid-Cycle Budget Adjustments Various $595,472.00 July 17, 2024
Grant: National Opiate Litigation
Settlement
2301-51-MPD-PDAM000-00000-658165 38,384.38
July 17, 2024 Grant: Cannabis Tax Fund
2301-51-MPD-PDAM000-00000-658211 277,195.05
August 7, 2024
CalRecycle Cycle 16:
Rubberized Pavement Grant
Program CIP 24-21 (McCall
Blvd Project)
2301-55-PWD-CIPS658011 $92,500
TOTAL: $1,003,551.43
Item Title: 10.10
Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for Menifee Road Resurfacing Project Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 302 of 1560 Amending the Fiscal Year 2024/25 Grant Fund Budget
CalRecycle Cycle 16 Rubberized Pavement Grant Program
2 Amended Grant Fund 2301 FY 2024/25 Expenditure Budget: $1,003,551.43
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL: $0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the Grant Fund 2301 for the City of Menifee for FY2024/25 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
Grant: CalRecycle Cycle 16 Rubberized Pavement Grant $92,500.00 Amended Grant Fund 2301 FY2024/25 Budget $1,041,838.43
Expenditures:
Grant: CalRecycle Cycle 16 Rubberized Pavement Grant $92,500.00 Amended Grant Fund 2301 FY2024/25 Budget $1,003,551.43
PASSED, APPROVED AND ADOPTED this 7th day of August, 2024. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.10
Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for Menifee Road Resurfacing Project Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 303 of 1560
CITY OF MENIFEE
SUBJECT: Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services
MEETING DATE: August 7, 2024
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst,
Michelle Sarkissian, Information Technology Manager
REVIEWED BY: Jonathan Nicks, Deputy City Manager
Ron Puccinelli, Chief Information Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a five-year agreement with Flock Safety for the purchase of 15 automated Flock Safety Condor Cameras with LTE service in an amount not-to exceed $236,250 through June 30, 2029; and
2. Authorize the City Manager, or his designee, to approve an optional two-year renewal term for Fiscal Years 2029/2030 and 2030/2031 in an amount not-to-exceed $45,000 per year; and
3. Authorize the purchase of the Flock camera system as a sole source purchase of a specific brand name, make or model necessary to match existing city equipment or facilitate effective maintenance and support pursuant to Menifee Municipal Code Section 3.12.070(9); and
4. Adopt a budget amendment resolution, appropriating expenditures of $56,250 in Fiscal Year 2024/25 operating budget for the purchase of Flock camera system as a capital outlay and annual subscription costs; and
5. Approve an update to the current Capital Improvement Program, removing CIP No. 16-06:
Park Surveillance Project as a capital project.
DISCUSSION
The City of Menifee’s Community Services Department oversees 22 City-maintained parks, including Audie Murphy Ranch Sports Park, Spirit Park, and Silver Star Park. Over the past few years, these specific parks have experienced a significant increase in vandalism and graffiti, leading to escalating costs for repairs and maintenance. Current surveillance systems in place have proven inadequate due to outdated technology and non-operational cameras, resulting in a considerable gap in monitoring and security capabilities. The proposed agreement replaces Item Title: 10.11
Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 304 of 1560 City of Menifee Staff Report
Flock Safety Agreement
August 7, 2024
existing, non-operational cameras in the Audie Murphy Ranch Sports Park, Spirit Park, and Silver Star Park. Other parks’ camera systems are currently operational and not in need of replacement.
Information Technology will monitor and engage with Community Services for maintenance and planned replacement based on the useful life of these cameras.
After thorough research and evaluation, staff recommends adopting the Flock Safety system for several compelling reasons:
1. Integration with Existing Systems: The Menifee Police Department (MPD) has already been successfully using Flock Safety for License Plate Readers (LPR). This system’s capability to integrate any IP camera provides an opportunity to build a robust, centralized camera monitoring solution. This integration is crucial for creating a cohesive surveillance network across the City.
2. Enhanced Monitoring and Flexibility: Flock Safety’s Condor cameras are web-based and operate independently of the City’s network. This design offers maximum flexibility for authorized personnel to access and monitor camera feeds from any location. The cameras’ high-quality video capabilities ensure that incidents are captured clearly, aiding in swift identification and resolution by Police and Community Services personnel.
3. Proprietary Equipment: The acquisition of the Flock Safety system is unique due to the proprietary nature of the Condor cameras and the established relationship with the MPD.
Flock Safety’s exclusive manufacturing and support capabilities ensure that the City receives specialized, high-quality equipment tailored to our specific needs. Furthermore, partnering with Flock Safety leverages the existing investment and familiarity within the MPD, ensuring a seamless transition and integration of the new cameras into the broader surveillance network.
4. Crime Deterrence and Community Safety: Strategically placing Condor cameras in high-traffic areas would help identify high-crime zones, allowing for targeted patrols and potentially deterring criminal activities. The visible presence of surveillance cameras is expected to enhance security for park visitors, fostering a safer and more welcoming environment.
The proposed term of agreement with Flock Safety would be July 1, 2024, through June 30, 2029, for a total cost not-to-exceed $236,250. This agreement also offers an option for two additional one-year renewals at $45,000 per year for Fiscal Years 2029/2030 and 2030/2031. The strategic placement of Condor cameras in key areas of the parks, as recommended by the MPD, would significantly enhance the security and monitoring capabilities, deter vandalism and graffiti, and promote a safer environment for all residents and visitors.
Implementing the Flock Safety Condor cameras would substantially improve our City parks' security and monitoring capabilities, reducing vandalism and graffiti, lowering repair costs, and creating a safer community space. Given the proprietary nature of the equipment and the established success with the MPD, we recommend approving the proposed agreement to ensure the continued safety and enjoyment of our parks for all community members.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
Item Title: 10.11
Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 305 of 1560 City of Menifee Staff Report
Flock Safety Agreement
August 7, 2024
FISCAL IMPACT
The fiscal impact of the proposed five-year agreement with Flock Safety, covering the period from July 1, 2024, to June 30, 2029, totals a not-to-exceed amount of $236,250. The agreement also includes an option for two additional one-year renewals at a cost of $45,000 per year for Fiscal Years 2029/2030 and 2030/2031, bringing the total potential not-to-exceed amount to $326,250, if the optional years are approved. The difference in year-one costs covers installation and start up of the proposed cameras. The agreement provides the cameras, on-going support, cloud storage, and software use as a subscription (lease).
Table 1 – Annual Cost
Year Fiscal Year (FY) Annual Amount
1 FY 2024/2025 $56,250
2 FY 2025/2026 $45,000
3 FY 2026/2027 $45,000
4 FY 2027/2028 $45,000
5 FY 2028/2029 $45,000
Optional Renewal 6 FY 2029/2030 $45,000
Optional Renewal 7 FY 2030/2031 $45,000
Total (5-year term) $236,250
Total (with optional 2-years) $326,250
The current CIP Program included $75,000, funded by CFD 2012-1 (AMR) towards CIP No. 16- 06 Park Surveillance/IT Project for installation of surveillance cameras. However, in reviewing options, staff’s recommendation is to move forward with a camera lease agreement with Flock.
Therefore, CIP No. 16-06 Park Surveillance/IT Project and the respective CIP budget would be removed from the current CIP Program. A Budget Amendment Resolution (BAR) appropriating $56,250 within the capital outlays and cloud-based subscription/licenses of the AMR fund (2490) in the amounts of $11,250 (Account 2490-ITD-OPER-653155) and $45,000 respectively (Account 2490-ITD-OPER-651353).
Funding for the remaining $180,000 over the next four years would be included in the respective annual budgets and is funded through AMR-CFD 2012-1, Fund 490. Should the optional years be exercised, an additional $90,000 would need to be budgeted for Fiscal Years 2029/2030 and 2030/2031. The AMR-CFD 2012-1 Fund 490 currently has and is expected to maintain sufficient funding for the five-year term of the agreement as verified by Finance and the Annual Community Facility District (CFD) Assessment report.
ATTACHMENTS
1. Agreement
2. Resolution
Item Title: 10.11
Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 3
Menifee Mayor and City Council August 7, 2024 Page 306 of 1560 Item Title: 10.11
Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 307 of 1560 Item Title: 10.11
Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 308 of 1560 Item Title: 10.11
Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 3
Menifee Mayor and City Council August 7, 2024 Page 309 of 1560 Item Title: 10.11
Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 4
Menifee Mayor and City Council August 7, 2024 Page 310 of 1560 Item Title: 10.11
Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 5
Menifee Mayor and City Council August 7, 2024 Page 311 of 1560 Item Title: 10.11
Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 6
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 7
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 8
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 9
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 10
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 11
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 12
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 13
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 14
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 15
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 16
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 17
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 18
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 19
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 20
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 21
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 22
Menifee Mayor and City Council August 7, 2024 Page 328 of 1560 Item Title: 10.11
Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 23
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 24
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Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 25
Menifee Mayor and City Council August 7, 2024 Page 331 of 1560 Item Title: 10.11
Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 26
Menifee Mayor and City Council August 7, 2024 Page 332 of 1560 Item Title: 10.11
Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 27
Menifee Mayor and City Council August 7, 2024 Page 333 of 1560 RESOLUTION NO. 24-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2024/25 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2023/24 and Fiscal Year 2024/25 with Resolution 23-1341 on June 21st, 2023; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY2024/25 budget as follows:
AMENDMENTS TO ADOPTED BUDGET:
AMR Fund 2490 Adopted FY 2024/25 Revenue Budget: $2,397,418
1. Record Appropriation(s):
Amended AMR Fund 2490 FY 2024/25 Revenue Budget: $2,488,562 AMR Fund 2490 Adopted FY 2024/25 Expenditure Budget: $1,865,279
2. Record Appropriation(s):
Amended AMR Fund 2490 FY 2024/25 Expenditure Budget: $2,011,780
3. Record Transfer of Funds:
FROM ACCOUNT # TO ACCOUNT # AMOUNT
CITY
COUNCIL
MEETING
DESCRIPTION ACCOUNT # AMOUNT
June 5, 2024 Mid-Cycle Budget Adjustments Various $91,144 TOTAL: $91,144
CITY
COUNCIL
MEETING
DESCRIPTION ACCOUNT # AMOUNT
June 5, 2024 Mid-Cycle Budget Adjustments Various $90,251 August 7, 2024
Flock Camera: Surveillance
Cameras (Capital Outlay)
2490-55-ITD-OPER653155 $11,250
August 7, 2024
Flock Camera: Surveillance
Cameras (Annual Subscription
Costs)
2490-53-ITD-OPER651353 $45,000
TOTAL: $146,501
Item Title: 10.11
Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 334 of 1560 Amending the Fiscal Year 2024/25 CFD 2012-1 AMR (Fund 2490) Flock Camera Purchase AMR
2 TOTAL: $0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:
The annual budget for the CFD 2012-1 (AMR) Fund 2490 for the City of Menifee for FY2024/25 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:
Revenues:
$0
Amended AMR Fund 2490 FY2024/25 Budget $2,488,562
Expenditures:
Flock Camera: Surveillance Cameras (Capital Outlay/Subscription) $56,250 Amended AMR Fund 2490 FY2024/25 Budget $2,011,780
PASSED, APPROVED AND ADOPTED this 7th day of August, 2024. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.11
Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 335 of 1560
CITY OF MENIFEE
SUBJECT: Agreement with Accela for Permitting Software License Subscription Renewal
MEETING DATE: August 7, 2024
TO: Mayor and City Council
PREPARED BY: Michelle Sarkissian, Information Technology Manager REVIEWED BY: Ron Puccinelli, Chief Information Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute an agreement with Accela for Civic Platform and Accela Citizen Access portal services pursuant to the OMNIA Master Intergovernmental Cooperative Purchasing Agreement and Carahsoft Master Agreement for a total not-to-exceed $1,028,474.67 through August 11, 2029; and
2. Approve and authorize the purchase utilizing OMNIA Master Intergovernmental Cooperative Purchasing Agreement and Carahsoft Master Agreement No. pursuant to Menifee Municipal Code Section 3.12.070 (6); and
3. Authorize the City Manager or his designee to execute all documents required for this purchase.
DISCUSSION
Since incorporation, the City of Menifee has rapidly grown to become one of the fastest-growing cities in Southern California. This growth places significant demand on the City’s Community Development, Public Works, and Fire Departments, which collectively review thousands of plans and issue numerous permits annually. To meet its mission of delivering world-class customer service, the City continually seeks technological advancements to enhance its service delivery.
Background
At the July 16, 2013, regular City Council meeting, the City of Menifee approved a Professional Services Agreement with Accela, Inc. for the purchase, implementation, and hosting of a unified development processing system. Over the past eleven years, the use of Accela’s permitting system has expanded significantly among City departments and constituents. This growth in usage is a testament to the system's capabilities and its alignment with the City's Strategic Plan.
Item Title: 10.12
Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 336 of 1560 City of Menifee Staff Report
Accela 5-Year Agreement
August 7, 2024
When initially selecting a new permitting system, several key features and functionalities were prioritized, including customer access, electronic plan review, city-specific workflows, mobile inspections, and customized reporting tools. Continuing with Accela offers numerous advantages.
The City has strategically invested time, staff training, and funding into custom configurations and specialized reporting/data analytics within the Accela enterprise solution. These custom configurations and reports have been integrated with the system to optimize departmental workflows, increasing overall efficiency and productivity. For example, the Building and Safety Division has expanded the use of Accela to track project status. Additionally, all inspections are now scheduled through the Menifee Permit Portal which has been integrated with Accela.
The existing licenses with Accela are approaching renewal. To ensure uninterrupted service and continued improvements in our municipal operations, it is essential to renew these licenses.
Accela’s Civic Platform and Citizen Access portal are integral to managing city services and facilitating public engagement. The proposed renewal covers the period from August 12, 2024, to August 11, 2029.
Committing to a five-year agreement with Accela provides cost stability, protecting the City from annual price increases and securing a favorable rate for the contract's duration. This long-term agreement also facilitates better long-term planning and budgeting, ensuring that the City can allocate resources effectively and avoid service disruptions. The IT Department will also be integrating our Munis ERP solution with Accela, which will streamline financial and operational workflows, enhance data accuracy and reporting, and improve overall efficiency in managing permits and related financial transactions. The extended term supports continuous improvements and integrations, allowing the City to fully leverage Accela’s capabilities, including new features like electronic plan review, mobile inspections, and customizable reporting tools. Renewing the licenses ensures consistency and reliability in operations, leveraging staff proficiency with Accela developed over the past five years, and maximizing productivity. Furthermore, Accela’s robust features are critical to the City’s ability to provide high-quality services to residents, ensuring these services remain uninterrupted and continue to improve.
The investment in Accela’s Civic Platform and Citizen Access portal has yielded significant benefits, including streamlined workflows, enhanced public engagement, and improved service delivery. Continuing with Accela supports the City’s mission of providing world-class customer service and positions the City to meet future demands as the City continues to grow.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The proposed agreement with Accela is currently budgeted within the Fiscal Year 2024/25 Budget under Cloud Based Subscriptions for various departments within the IT Fund (1110-50-ITDVarious-651353) in the amount of $186,122.58.
Item Title: 10.12
Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 337 of 1560 City of Menifee Staff Report
Accela 5-Year Agreement
August 7, 2024
Funding for the upcoming fiscal years would be budgeted as part of the respective year’s budget.
No additional budget appropriations(s) are required. A breakdown of the cost by year is shown in Table 1 on the following page.
TABLE 1 – ALLOCATIONS BY YEAR
Year Fiscal Year (FY) Annual Cost
1 FY 2024/2025 $186,122.58
2 FY 2025/2026 $195,434.87
3 FY 2026/2027 $205,210.70
4 FY 2027/2028 $215,466.37
5 FY 2028/2029 $226,240.15
Total $1,028,474.67
ATTACHMENTS
1. Carahsoft – Accela Licenses Quote
2. Carahsoft – OMNIA Contract R191902
Item Title: 10.12
Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 3
Menifee Mayor and City Council August 7, 2024 Page 338 of 1560 Item Title: 10.12
Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 339 of 1560 Item Title: 10.12
Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 340 of 1560 Item Title: 10.12
Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 1
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Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 2
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Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 3
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Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 4
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Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 5
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Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 6
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Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 7
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Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 8
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Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 9
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Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 11
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Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 13
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Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 14
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Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 15
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Agreement with Accela for Permitting Software License Subscription Renewal Item Page Number: 16
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CITY OF MENIFEE
SUBJECT: Agreement Renewal with Quest Media Inc. for Secure Backup Data Storage
MEETING DATE: August 7, 2024
TO: Mayor and City Council
PREPARED BY: Michelle Sarkissian, Information Technology Manager REVIEWED BY: Ron Puccinelli, Chief Information Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a three-year agreement with Quest Media, Inc., for the provision of expanded backup capacities, comprehensive maintenance and support for Microsoft 365 (M365) backups, as well as local and cloud backup services in the amount not to exceed $236,556; and
2. Approve and authorize the purchase utilizing the NASPO Master Intergovernmental Cooperative Purchasing Agreement and Quest Media Inc., Master Agreement No. AR2505 pursuant to Menifee Municipal Code Section 3.12.070 (6); and
3. Authorize the City Manager or his designee to execute all necessary documents related to this agreement.
DISCUSSION
The City of Menifee has consistently prioritized the security and integrity of its data through a comprehensive Backup-as-a-Service (BaaS) solution. BaaS is a way to store data safely at a remote location. Companies like Quest Media assist with storage of files, folders, or entire hard drives to a secure cloud storage. Quest Media has been a reliable partner in providing these services, ensuring that the City’s data is safeguarded against potential losses due to hardware failures, cyber threats, and other unforeseen events.
The existing agreement with Quest Media is approaching its renewal date. To continue benefiting from their robust BaaS solution, the City would need to secure additional licenses and expand the City’s backup capacities for both local and cloud environments. This renewal would ensure that the City’s data protection measures remain comprehensive and up to date, catering to the growing needs of Menifee’s operations.
Item Title: 10.13 Agreement Renewal with Quest Media Inc. for Secure Backup Data Storage Item Page Number: 1
Menifee Mayor and City Council August 7, 2024 Page 463 of 1560 City of Menifee Staff Report
Quest Media Inc., 3-Year Agreement
August 7, 2024
A three-year agreement with Quest Media offers several advantages for the City. This strategic investment enhances department workflows through Quest Media’s custom configurations and special projects. Their solutions are tailored to meet the City’s specific needs, optimizing workflows and increasing efficiency and productivity. Committing to a three-year agreement provides cost stability, protecting the City from annual price increases and securing a favorable rate for the contract's duration. The extended term supports continuous improvements and integrations, enabling the City to fully leverage Quest Media’s capabilities. Renewing the licenses ensures consistency and reliability in operations, leveraging staff proficiency with Quest Media’s services developed over the past years, minimizing the learning curve, and maximizing productivity. Furthermore, Quest Media’s robust features are critical to the City’s ability to provide high-quality services to residents, ensuring these services remain uninterrupted and continue to improve.
The annual cost of the agreement includes:
Additional licenses to support more users and data sources. Expanded local backup capacities to ensure rapid data recovery on-site. Increased cloud backup capacities for off-site data protection and disaster recovery. 24/7 managed and cloud services, proactive monitoring, alerting, management, and technical support.
End-to-end encryption to secure data both on-premises and in transit.
The agreement would be executed through the NASPO Master Intergovernmental Cooperative Purchasing Agreement and Quest Media Inc., Master Agreement No. AR2505, ensuring competitive pricing and adherence to procurement standards.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The proposed agreement with Quest Media, Inc., is currently budgeted within the Fiscal Year 2024/25 Budget under Equipment Maintenance for IT Operations within the IT Fund (1110-50- ITD-OPER-652500) in the amount of $78,852.00.
Funding for Fiscal Years 2025/26 and 2026/27 would be budgeted as part of the respective year’s budget. No additional budget appropriations(s) are required. A breakdown of the cost by fiscal year is shown in Table 1 below.
TABLE 1 – ALLOCATIONS BY YEAR
Fiscal Year (FY) Amount
FY 2024/25 $78,852
FY 2025/26 $78,852
FY 2026/27 $78,852
TOTAL: $236,556
Item Title: 10.13 Agreement Renewal with Quest Media Inc. for Secure Backup Data Storage Item Page Number: 2
Menifee Mayor and City Council August 7, 2024 Page 464 of 1560 City of Menifee Staff Report
Quest Media Inc., 3-Year Agreement
August 7, 2024