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 21, 2024
5:00 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 (5:00 PM)
1. 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
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) Property: 333080028;
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; PHH Real Estate; Under Negotiation: Price and Terms of Payment
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) Property: 333070041;
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; Romoland School District; Under Negotiation:
Price and Terms of Payment
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
2. ROLL CALL
3. WORDS OF INSPIRATION
3.1. Anthony Cordero – Sun City Ward of the Church of Jesus Christ of Latterday Saints
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Recognition of Joseph Carrillo
5.2. Citizen of the Month – Amy Frahn
5.3. Animal Friends of the Valley Update
5.4. Community Services Update
6. AGENDA APPROVAL OR MODIFICATIONS
Menifee Mayor and City Council August 21, 2024
3.1. Anthony Cordero Sun City Ward of the Church of Jesus Christ of Latterday Saints
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS
5.1. Recognition of Joseph Carrillo
5.2. Citizen of the Month – Amy Frahn
5.3. Animal Friends of the Valley Update
5.4. Community Services 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 August 7, 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 07/19/2024, and 07/26/2024, the Payroll Register/Other EFTs dated 07/19/2024, 7/26/2024, and 07/29/2024 which have a total budgetary impact of $2,791,291.42.
10.3 Monthly Public Safety Reports
RECOMMENDED ACTION
1. Receive and file Public Safety Reports for June 2024.
10.4 Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 20171 Maintenance Services, Annexation No. 11, Golden Meadows RECOMMENDED ACTION
1. Adopt an ordinance amending Ordinance No. 17231 and levying special taxes to be collected during Fiscal Year 2024/2025 to pay the annual costs and expenses of the City of Menifee Community Facilities District (CFD) No. 20171 Maintenance Services, Annexation No. 11, located west of I215 at the southeast corner of the intersection of Garbani Road and Evans Road.
Menifee Mayor and City Council August 21, 2024
COCO
1. Receive and file Public Safety Reports for June 2024.
10.4 Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 20171 Maintenance Services, Annexation No. 11, Golden Meadows RECOMMENDED ACTION
1. Adopt an ordinance amending Ordinance No. 17231 and levying special taxes to be collected during Fiscal Year 2024/2025 to pay the annual costs and expenses of the City of Menifee Community Facilities District (CFD) No. 20171 Maintenance Services, Annexation No. 11, located west of I215 at the southeast corner of the intersection of Garbani Road and Evans Road.
10.5 Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 20171 Maintenance Services, Annexation No. 21, River Walk Village RECOMMENDED ACTION
1. Adopt an ordinance amending Ordinance No. 17231 and levying special taxes to be collected during Fiscal Year 2024/2025 to pay the annual costs and expenses of the City of Menifee Community Facilities District (CFD) No. 20171 Maintenance Services, Annexation No. 21, located northwest of Bradley Road and Lazy Creek Road.
10.6 Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 20171 Maintenance Services, Annexation No. 23, Banner Park II RECOMMENDED ACTION
1. Adopt an ordinance amending Ordinance No. 17231 and levying special taxes to be collected during Fiscal Year 2024/2025 to pay the annual costs and expenses of the City of Menifee Community Facilities District (CFD) No. 20171 Maintenance Services, Annexation No. 23, located south of Domenigoni Parkway, east of Menifee Road, west of Briggs Road, and north of Old Newport Road.
10.7 Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 20241, Banner Park II
RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 20241, Banner Park II, located southeast of Domenigoni Parkway at Lindenberger Road.
10.8 Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 20242, Golden Meadows
RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 20242, Golden Meadows, located southeast of Evans Road and Garbani Road.
10.9 Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 20243, River Walk Village
RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 20243 River Walk Village, located northwest of Bradley Road and Lazy Creek Road.
Menifee Mayor and City Council August 21, 2024
RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 20242, Golden Meadows, located southeast of Evans Road and Garbani Road.
10.9 Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 20243, River Walk Village
RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 20243 River Walk Village, located northwest of Bradley Road and Lazy Creek Road.
10.10 Agreement with Spicer Consulting Group for Special District Annexation Fiscal Impact Analysis
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with Spicer Consulting Group, LLC (SCG) for a special district annexation fiscal impact analysis to evaluate the feasibility of the City providing maintenance and recreation services in the ValleyWide Recreation and Park District Landscape Maintenance Districts located within the Menifee city limits at a cost nottoexceed $77,500 through June 30, 2026.
10.11 Agreement Amendment with Parsons Transportation Group, Inc. for Traffic Engineering Review
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Master Agreement with Parsons Transportation Group, Inc., for Traffic Engineering Services, increasing the compensation by $150,000, for a threeyear total agreement amount nottoexceed $300,000.
10.12 Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 5 to the Professional Services Agreement with West Coast Arborist for citywide tree trimming and maintenance services in the amount of $371,969 for a revised total nottoexceed aggregate sum of $1,007,610.20; and
2. Authorize the City Manager to execute agreement amendments for the remainder of the contract at the City’s discretion, and contingent on availability of the corresponding budget.
10.13 Final Map, Agreement, and Bonds for Tract Map 38219, River Walk Village, by Richmond American Homes of Maryland, Inc.
RECOMMENDED ACTION
1. Approve and authorize the filing of the final map for Tract Map 38219, River Walk Village, by Richmond American Homes of Maryland, Inc, located at the southwest corner of Bradley Road and Salt Creek Channel; and
2. Approve and authorize the City Manager to execute a Subdivision Improvement Agreement to guarantee completion of required public improvements associated with Tract Map 38219.
11. PUBLIC HEARING ITEMS
Menifee Mayor and City Council August 21, 2024
Professional Services Agreement with West Coast Arborist for citywide tree trimming and maintenance services in the amount of $371,969 for a revised total nottoexceed aggregate sum of $1,007,610.20; and
2. Authorize the City Manager to execute agreement amendments for the remainder of the contract at the City’s discretion, and contingent on availability of the corresponding budget.
10.13 Final Map, Agreement, and Bonds for Tract Map 38219, River Walk Village, by Richmond American Homes of Maryland, Inc.
RECOMMENDED ACTION
1. Approve and authorize the filing of the final map for Tract Map 38219, River Walk Village, by Richmond American Homes of Maryland, Inc, located at the southwest corner of Bradley Road and Salt Creek Channel; and
2. Approve and authorize the City Manager to execute a Subdivision Improvement Agreement to guarantee completion of required public improvements associated with Tract Map 38219.
11. PUBLIC HEARING ITEMS
11.1 Villagio Villas Apartment Project
RECOMMENDED ACTION
1. Adopt a resolution adopting a Mitigated Negative Declaration (State Clearinghouse No. 2024050900) for the Villagio Villas Apartments Project located south of McCall Boulevard and east of Interstate 215 at the southern terminus of Encanto Drive, and direct staff to file a Notice of Determination; and
2. Adopt a resolution approving General Plan Amendment No. PLN210377; and
3. Adopt a resolution approving Plot Plan No. PLN210375; and
4. Introduce an ordinance approving Zone Change No. PLN210376.
11.2 Ordinance Introduction and First Reading for Change Proceedings for Improvement Area No. 2 of Community Facilities District No. 20232, Cimarron Ridge by Pulte Home Company, LLC
RECOMMENDED ACTION
1. Adopt a resolution amending the rate and method of apportionment of special taxes for Improvement Area No. 2 of Community Facilities District No. 20232, Cimarron Ridge, located southwest of McLaughlin Road and Byers Road, and calling an election; and
2. Adopt a resolution certifying election results for Improvement Area No. 2 of Community Facilities District No. 20232, Cimarron Ridge; and
3. Introduce an ordinance authorizing the levy of special taxes within Improvement Area No. 2 of Community Facilities District No. 20232, Cimarron Ridge.
12. DISCUSSION ITEMS
12.1 Issuance of Special Tax Bonds for Community Facilities District 20221, Quartz Ranch
RECOMMENDED ACTION
1. Adopt a resolution authorizing the issuance of special tax bonds and the execution and delivery of bond documents in connection with Community Facilities District 20221, Quartz Ranch, located south of La Piedra Road, on both the east and west sides of Evans Road; and
2. Authorize the Finance Department to establish the necessary revenue and expenditure budgets and corresponding appropriations for the bond issuance. 122 VeteransandMilitaryFamiliesAdvisoryCommitteeFormation Menifee Mayor and City Council August 21, 2024
Cimarron Ridge, located southwest of McLaughlin Road and Byers Road, and calling an election; and
2. Adopt a resolution certifying election results for Improvement Area No. 2 of Community Facilities District No. 20232, Cimarron Ridge; and
3. Introduce an ordinance authorizing the levy of special taxes within Improvement Area No. 2 of Community Facilities District No. 20232, Cimarron Ridge.
12. DISCUSSION ITEMS
12.1 Issuance of Special Tax Bonds for Community Facilities District 20221, Quartz Ranch
RECOMMENDED ACTION
1. Adopt a resolution authorizing the issuance of special tax bonds and the execution and delivery of bond documents in connection with Community Facilities District 20221, Quartz Ranch, located south of La Piedra Road, on both the east and west sides of Evans Road; and
2. Authorize the Finance Department to establish the necessary revenue and expenditure budgets and corresponding appropriations for the bond issuance.
12.2 Veterans and Military Families Advisory Committee Formation RECOMMENDED ACTION
1. Adopt a resolution establishing the formation of the Veterans and Military Families Advisory Committee.
12.3 Central Park Amphitheater Ad Hoc Committee
RECOMMENDED ACTION
1. Review and provide direction on establishing a new purpose for the Central Park Amphitheater Ad Hoc Committee, focused on the vision and initial programming.
12.4 Amendment to Employment Agreement Between the City of Menifee and City Manager Armando G. Villa
RECOMMENDED ACTION
1. Approve the Fourth Amendment to the Employment Agreement between the City of Menifee and City Manager Armando G. Villa.
13. CITY ATTORNEY REPORTS
14. CITY MANAGER REPORTS
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> 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
> Homeless Task Force Update (Sobek, July 17, 2024)
Target Date: September 18, 2024
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.
StaffReports
Menifee Mayor and City Council August 21, 2024
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
> 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
> Homeless Task Force Update (Sobek, July 17, 2024)
Target Date: September 18, 2024
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 21, 2024
Menifee Mayor and City Council August 7, 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, August 07, 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)
Mayor Zimmerman called the meeting to order at 4:00 PM. Present were Councilmembers Estrada, Karwin, Sobek, Mayor Pro Tem Deines, and Mayor Zimmerman.
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 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
Item Title: 9.1 August 7, 2024 Minutes
Item Page Number: 1
Menifee Mayor and City Council August 21, 2024 Page 8 of 1068 Menifee Mayor and City Council August 7, 2024
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
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
Ministry Leader James Eagleman with Revival Christian Fellowship
4. PLEDGE OF ALLEGIANCE
Beverly Greene led the flag salute.
5. PRESENTATIONS
5.1 ERP Financial Management System Project Implementation Update Chief Financial Officer Travis Hickey and Deputy Finance Director Margarita Cornejo provided a presentation.
The City Council asked questions of staff.
The following speaker addressed the City Council.
• Francisco Urbina
5.2 Police Department Quarterly Update Chief Karrer provided a presentation.
The City Council asked questions of staff.
The following speaker addressed the City Council.
• Francisco Urbina
Item Title: 9.1 August 7, 2024 Minutes
Item Page Number: 2
Menifee Mayor and City Council August 21, 2024 Page 9 of 1068 Menifee Mayor and City Council August 7, 2024
5.3 Fire Department Quarterly Update
The City Council asked for a moment of silence in remembrance of Chief Josh Bischoff.
Chief Scoville provided a presentation.
The City Council asked questions of staff.
The following speaker addressed the City Council.
• Francisco Urbina
6. AGENDA APPROVAL OR MODIFICATIONS
The agenda was approved unanimously (50) with no modifications.
7. PUBLIC COMMENTS (NONAGENDA ITEMS)
Correspondence was received from the following.
• Don Slater
The following speakers addressed the City Council on non-agenda items. • Daniel Gullbranson
• Francisco Urbina
8. COUNCILMEMBER UPDATES AND COMMENTS
Councilmember Karwin reported on the meetings and events he attended. • MilVet Midday Mixer
• Rotary Club Meeting
• Western Riverside Council of Governments (WRCOG) Executive Committee Meeting • Shakespeare in the Park
Councilmember Estrada reported on the meetings and events he attended. • Menifee Scoping Meeting
• Sally Buselt Elementary School Ribbon Cutting
• Menifee National Night Out
• Shakespeare in the Park
Councilmember Sobek reported on the meetings and events she attended. • Rotary Club School Supply Donation
• MilVet Midday Mixer
• Fall Festival Meeting
• Sally Buselt Elementary School Ribbon Cutting
• NAIOP Meeting
• Recognition of Aiden Cardona
• MTG Meeting
• Menifee National Night Out
Item Title: 9.1 August 7, 2024 Minutes
Item Page Number: 3
Menifee Mayor and City Council August 21, 2024 Page 10 of 1068 Menifee Mayor and City Council August 7, 2024
Mayor Pro Tem Deines reported on the meetings and events he attended. • Menifee National Night Out
• Riverside Transit Agency (RTA) Admin and Operations Meeting Mayor Zimmerman reported on the meetings and events he attended. • Neighbors Monthly Business Mixer
• School Supply Drive by the Chamber of Commerce and Rotary Club • MilVet Chamber Mixer
• Pacifica Community Mixer
• City Veterans Resource Activity
• Rotary Club Meeting
• History Museum Tour
• Sally Buselt Elementary School Ribbon Cutting
• You Matter Collaborative Meeting
• Recognition of Aiden Cardona
• Foodie Friday
• Menifee National Night Out
9. APPROVAL OF MINUTES
9.1 July 17, 2024 Minutes
Acting City Clerk Stephanie Roseen stated there was an amended set of minutes for Council’s consideration.
The City Council approved the amended minutes unanimously (50).
10. CONSENT CALENDAR
Councilmember Estrada requested to pull Item No. 10.9 for further discussion.
The balance of the consent calendar was approved by the following vote.
MOVER: Lesa Sobek
SECONDER: Bob Karwin
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.
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
Item Title: 9.1 August 7, 2024 Minutes
Item Page Number: 4
Menifee Mayor and City Council August 21, 2024 Page 11 of 1068 Menifee Mayor and City Council August 7, 2024
10.2 Warrant Register
ACTION
1. Ratified and approved 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
ACTION
1. Received and filed 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
ACTION
1. Received and filed 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
ACTION
1. Received and filed 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
ACTION
1. Adopted Ordinance No. 2024-394, 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
ACTION
1. Adopted Ordinance No. 2024-395, 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
Item Title: 9.1 August 7, 2024 Minutes
Item Page Number: 5
Menifee Mayor and City Council August 21, 2024 Page 12 of 1068 Menifee Mayor and City Council August 7, 2024
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
ACTION
1. Adopted Resolution No. 24-1463, 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. Adopted Resolution No. 24-1464, 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. Adopted Resolution No. 24-1465, 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. Authorized the City Manager or their designee to execute and implement terms of the MOU and resolutions; and
5. Adopted Resolution No. 24-1466, 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
Acting Economic Development Manager Kayla Charters answered questions of the City Council.
The following speaker addressed the City Council.
• Francisco Urbina
ACTION
1. Awarded bid and authorized 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.
MOVER: Ricky Estrada
SECONDER: Bill Zimmerman
10.10 Bid Award and Agreement with Copp Contracting, Inc. for Construction Services for Menifee Road Resurfacing Project
ACTION
1. Awarded bid and authorized 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. Adopted Resolution No. 24-1467, appropriating $92,500 for the Project within the Grant Fund 2301.
Item Title: 9.1 August 7, 2024 Minutes
Item Page Number: 6
Menifee Mayor and City Council August 21, 2024 Page 13 of 1068 Menifee Mayor and City Council August 7, 2024
10.11 Agreement with Flock Safety for City Park Surveillance Cameras and Subscription Services
ACTION
1. Approved and authorized 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. Authorized 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. Authorized 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. Adopted Resolution No. 24-1468, 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. Approved 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 ACTION
1. Approved and authorized 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. Approved and authorized 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. Authorized 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 ACTION
1. Approved and authorized 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. Approved and authorized 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. Authorized 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
Item Title: 9.1 August 7, 2024 Minutes
Item Page Number: 7
Menifee Mayor and City Council August 21, 2024 Page 14 of 1068 Menifee Mayor and City Council August 7, 2024
ACTION
1. Approved and authorized 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. Authorized 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. Approved and authorized 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
ACTION
1. Approved and authorized 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
ACTION
1. Approved and authorized 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 ACTION
1. Accepted 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. Approved and authorized 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 ACTION
1. Canceled 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.
Item Title: 9.1 August 7, 2024 Minutes
Item Page Number: 8
Menifee Mayor and City Council August 21, 2024 Page 15 of 1068 Menifee Mayor and City Council August 7, 2024
11. PUBLIC HEARING ITEMS
11.1 Home2Suites Hotel Appeal
Senior Planner Russel Brown provided a presentation and noted correspondence received by the City Council.
The City Council asked questions of staff.
Mayor Zimmerman opened the public hearing at 7:29 PM. Acting City Clerk Stephanie Roseen stated the public hearing was legally noticed.
Appellant Aidan Marshall addressed the City Council.
Applicant representative Punam Prahalad provided a presentation and addressed the City Council.
The following speakers addressed the City Council.
• John Seisley
• Fabio Conti
• Zach Strasters
• Wanye McDonald
• Robert Ramon
• Carlos Esqueda
• Justin Meer
• Francisco Urbina
• Brian Saltikov
The City Council asked questions of Mr. Marshall and City Attorney Jeffrey Melching.
Mr. Marshall provided a rebuttal statement.
Ms. Prahalad provided a rebuttal statement.
Mayor Zimmerman closed the public hearing at 8:16 PM.
The City Council spoke in favor of upholding the Planning Commission’s decision.
ACTION
1. Adopted Resolution No. 24-1469, 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.
Item Title: 9.1 August 7, 2024 Minutes
Item Page Number: 9
Menifee Mayor and City Council August 21, 2024 Page 16 of 1068 Menifee Mayor and City Council August 7, 2024
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
MOVER: Dean Deines
SECONDER: Bob Karwin
11.2 Squaw Valley Drive Street Name Change
Building Official Craig Carlson provided a presentation.
Mayor Zimmerman opened the public hearing at 8:30 PM. Acting City Clerk Stephanie Roseen stated the public hearing was legally noticed.
The following speaker addressed the City Council.
• Howard Walmsley
Mayor Zimmerman closed the public hearing at 8:33 PM.
ACTION
1. Provided direction to staff to submit Olympic Valley Drive as option one and Sun Valley Drive as option two to the California Committee on Geographic Names (CAGEN) as required by Assembly Bill 2022 and bring back a formal resolution for the name change dependent on CAGEN’s recommendation.
MOVER: Lesa Sobek
SECONDER: Bob Karwin
11.3 Ordinance Introduction and Formation of Community Facilities District No. 20241, Banner Park II by Pulte Home Company, LLC
The City Council provided consensus to forgo the staff presentation.
Mayor Zimmerman opened the public hearing at 8:41 PM. City Clerk Stephanie Roseen stated the public hearing was legally noticed and here were no public comments, correspondence, or protests received. Ms. Roseen also stated there were no persons registered to vote in the territory of the district, per the Riverside Registrar of Voters. Ms. Roseen confirmed the owners of the taxable property had consented to hold the special election and concurred the special meeting my be held. Mayor Zimmerman closed the public hearing at 8:41 PM.
The City Council asked questions of staff.
ACTION
1. Adopted Resolution No. 24-1470, 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 Item Title: 9.1 August 7, 2024 Minutes
Item Page Number: 10
Menifee Mayor and City Council August 21, 2024 Page 17 of 1068 Menifee Mayor and City Council August 7, 2024
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
2. Adopted Resolution No. 24-1471, determining the necessity to incur bonded indebtedness in an amount nottoexceed $15,000,000 for CFD No. 20241.
MOVER: Bob Karwin
SECONDER: Lesa Sobek
Ms. Roseen stated the ballot was received, and it was a yes vote.
ACTION
3. Adopted Resolution No. 24-1472, certifying the election results for CFD No. 20241.
MOVER: Lesa Sobek
SECONDER: Dean Deines
Ms. Roseen introduced the ordinance by title.
ACTION
4. Introduced an ordinance authorizing the levy of special taxes within CFD No. 20241.
MOVER: Bob Karwin
SECONDER: Dean Deines
11.4 Ordinance Introduction and Formation of Community Facilities District No. 20242, Golden Meadows by Golden Meadowland, LLC and Golden Hill Country, LLC The City Council provided consensus to forgo the staff presentation.
Mayor Zimmerman opened the public hearing at 8:46 PM. City Clerk Stephanie Roseen stated the public hearing was legally noticed and here were no public comments, correspondence, or protests received. Ms. Roseen also stated there were no persons registered to vote in the territory of the district, per the Riverside Registrar of Voters. Ms. Roseen confirmed the owners of the taxable property had consented to hold the special election and concurred the special meeting my be held. Mayor Zimmerman closed the public hearing at 8:46 PM.
ACTION
1. Adopted Resolution No.24-1473, establishing Community Facilities District No. 20242, Golden Meadows (“CFD 20242”), located southeast of Evans Road and Garbani Road, and calling an election; and
Item Title: 9.1 August 7, 2024 Minutes
Item Page Number: 11
Menifee Mayor and City Council August 21, 2024 Page 18 of 1068 Menifee Mayor and City Council August 7, 2024
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
2. Adopted Resolution No. 24-1474, 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.
MOVER: Dean Deines
SECONDER: Bob Karwin
Ms. Roseen stated the ballot was received, and it was a yes vote.
ACTION
3. Adopted Resolution No. 24-1475, certifying the election results for CFD No. 20242.
MOVER: Dean Deines
SECONDER: Lesa Sobek
Ms. Roseen introduced the ordinance by title.
ACTION
4. Introduced an ordinance authorizing the levy of special taxes within CFD No. 20242.
MOVER: Ricky Estrada
SECONDER: Lesa Sobek
11.5 Ordinance Introduction and Formation of Community Facilities District No. 20243, River Walk Village by Richmond American Homes of Maryland The City Council provided consensus to forgo the staff presentation.
Mayor Zimmerman opened the public hearing at 8:48 PM. City Clerk Stephanie Roseen stated the public hearing was legally noticed and here were no public comments, correspondence, or protests received. Ms. Roseen also stated there were no persons registered to vote in the territory of the district, per the Riverside Registrar of Voters. Ms. Roseen confirmed the owners of the taxable property had consented to hold the special election and concurred the special meeting my be held. Mayor Zimmerman closed the public hearing at 8:49 PM.
The City Council asked questions of staff.
Item Title: 9.1 August 7, 2024 Minutes
Item Page Number: 12
Menifee Mayor and City Council August 21, 2024 Page 19 of 1068 Menifee Mayor and City Council August 7, 2024
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
ACTION
1. Adopted Resolution No. 24-1476, 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. Adopted Resolution No. 24-1477, determining the necessity to incur bonded indebtedness in an amount nottoexceed $7,000,000 for CFD No. 20243.
MOVER: Bob Karwin
SECONDER: Bill Zimmerman
Ms. Roseen stated the ballot was received, and it was a yes vote.
ACTION
3. Adopted Resolution No. 24-1478, certifying the election results for CFD No. 20243.
MOVER: Bob Karwin
SECONDER: Lesa Sobek
Ms. Roseen introduced the ordinance by title.
ACTION
4. Introduced an ordinance authorizing the levy of special taxes within CFD No. 20243.
MOVER: Ricky Estrada
SECONDER: Bill Zimmerman
11.6 Ordinance Introduction and Annexation No. 11, Golden Meadows, into Community Facilities District 20171, Maintenance Services
The City Council provided consensus to forgo the staff presentation.
Mayor Zimmerman opened the public hearing at 8:53 PM. City Clerk Stephanie Roseen stated the public hearing was legally noticed and here were no public comments, correspondence, or protests received. Ms. Roseen also stated there were no persons registered to vote in the territory of the district, per the Riverside Registrar of Voters. Ms. Roseen confirmed the owners of the taxable property had consented to hold the special election and concurred the special meeting my be held. Mayor Zimmerman closed the public hearing at 8:54 PM.
Item Title: 9.1 August 7, 2024 Minutes
Item Page Number: 13
Menifee Mayor and City Council August 21, 2024 Page 20 of 1068 Menifee Mayor and City Council August 7, 2024
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
ACTION
1. Adopted Resolution No. 24-1479, 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.
MOVER: Ricky Estrada
SECONDER: Bill Zimmerman
Ms. Roseen stated the ballot was received, and it was a yes vote.
ACTION
2. Adopted Resolution No. 24-1480, declaring results of special landowner election.
MOVER: Ricky Estrada
SECONDER: Bill Zimmerman
Ms. Roseen introduced the ordinance by title.
ACTION
3. Introduced an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in CFD 20171.
MOVER: Ricky Estrada
SECONDER: Bill Zimmerman
11.7 Ordinance Introduction and Annexation No. 21, River Walk Village, into Community Facilities District 20171, Maintenance Services
The City Council provided consensus to forgo the staff presentation.
Mayor Zimmerman opened the public hearing at 8:55 PM. City Clerk Stephanie Roseen stated the public hearing was legally noticed and here were no public comments, correspondence, or protests received. Ms. Roseen also stated there were no persons registered to vote in the territory of the district, per the Riverside Registrar of Voters. Ms. Roseen confirmed the owners of the taxable property had consented to hold the special election and concurred the special meeting my be held. Mayor Zimmerman closed the public hearing at 8:56 PM.
Item Title: 9.1 August 7, 2024 Minutes
Item Page Number: 14
Menifee Mayor and City Council August 21, 2024 Page 21 of 1068 Menifee Mayor and City Council August 7, 2024
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
ACTION
1. Adopted Resolution No. 24-1481, 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.
MOVER: Ricky Estrada
SECONDER: Bill Zimmerman
Ms. Roseen stated the ballot was received, and it was a yes vote.
ACTION
2. Adopted Resolution No. 24-1482, declaring results of special landowner election.
MOVER: Lesa Sobek
SECONDER: Bill Zimmerman
Ms. Roseen introduced the ordinance by title.
ACTION
3. Introduced an ordinance, amending Ordinance No. 2017231 and levying and apportioning the special tax in CFD 20171.
MOVER: Ricky Estrada
SECONDER: Dean Deines
11.8 Ordinance Introduction and Annexation No. 23, Banner Park II, into Community Facilities District 20171, Maintenance Services
The City Council provided consensus to forgo the staff presentation.
Mayor Zimmerman opened the public hearing at 8:57 PM. City Clerk Stephanie Roseen stated the public hearing was legally noticed and here were no public comments, correspondence, or protests received. Ms. Roseen also stated there were no persons registered to vote in the territory of the district, per the Riverside Registrar of Voters. Ms. Roseen confirmed the owners of the taxable property had consented to hold the special election and concurred the special meeting my be held. Mayor Zimmerman closed the public hearing at 8:58 PM.
Item Title: 9.1 August 7, 2024 Minutes
Item Page Number: 15
Menifee Mayor and City Council August 21, 2024 Page 22 of 1068 Menifee Mayor and City Council August 7, 2024
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
ACTION
1. Adopted Resolution No. 24-1483, 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.
MOVER: Dean Deines
SECONDER: Ricky Estrada
Ms. Roseen stated the ballot was received, and it was a yes vote.
ACTION
2. Adopted Resolution No. 24-1484 declaring results of special landowner election.
MOVER: Lesa Sobek
SECONDER: Dean Deines
Ms. Roseen introduced the ordinance by title.
ACTION
3. Introduced an ordinance, amending the Ordinance No. 2017231 and levying and apportioning the special tax in CFD 20171.
MOVER: Lesa Sobek
SECONDER: Ricky Estrada
12. DISCUSSION ITEMS - NONE
13. CITY ATTORNEY REPORTS
None.
14. CITY MANAGER REPORTS
None.
Item Title: 9.1 August 7, 2024 Minutes
Item Page Number: 16
Menifee Mayor and City Council August 21, 2024 Page 23 of 1068 Menifee Mayor and City Council August 7, 2024
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
None.
16. ADJOURN
Mayor Zimmerman adjourned the meeting at 9:00 PM.
Stephanie Roseen, CMC
Acting City Clerk
Item Title: 9.1 August 7, 2024 Minutes
Item Page Number: 17
Menifee Mayor and City Council August 21, 2024 Page 24 of 1068
CITY OF MENIFEE
SUBJECT: Warrant Register
MEETING DATE: August 21, 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
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Ratify and approve the Voucher Lists dated 07/19/2024, and 07/26/2024, the Payroll Register/Other EFTs dated 07/19/2024, 7/26/2024, and 07/29/2024 which have a total budgetary impact of $2,791,291.42.
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. Voucher Lists dated 07/19/2024, and 07/26/2024, the Payroll Register/Other EFTs 07/19/2024, 07/26/2024, and 07/29/2024 have a total budgetary impact of $2,791,291.42.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
As indicated previously, the payments of demand above have a total budgetary impact of $2,791,291.42, which is available in the Fiscal Year 2023/24 and 2024/25 Budget. No additional budget appropriation action(s) is required.
ATTACHMENTS
1. Voucher Listing 07/19/2024
2. Voucher Listing 07/26/2024
3. Payroll Register/Other EFTs
Item Title: 10.2 Warrant Register
Item Page Number: 1
Menifee Mayor and City Council August 21, 2024 Page 25 of 1068 Item Title: 10.2 Warrant Register
Item Page Number: 2
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Item Page Number: 3
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Item Page Number: 4
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Item Page Number: 5
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Item Page Number: 6
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Item Page Number: 7
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Item Page Number: 8
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Item Page Number: 9
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Item Page Number: 10
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Item Page Number: 11
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Item Page Number: 12
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Item Page Number: 13
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Item Page Number: 14
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Item Page Number: 15
Menifee Mayor and City Council August 21, 2024 Page 39 of 1068
CITY OF MENIFEE
SUBJECT: Monthly Public Safety Reports
MEETING DATE: August 21, 2024
TO: Mayor and City Council
PREPARED BY: Mandy Stephens, Management Analyst
REVIEWED BY: Rebekah Kramer, Assistant to the City Manager APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Receive and file Public Safety Reports for June 2024.
DISCUSSION
On September 15, 2021, the City Council adopted Resolution No. 21-1062, formalizing public safety reporting. This Report includes June 2024 statistical reporting for the Menifee Police Department, Code Enforcement, and CAL FIRE / Riverside County Fire Department.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Menifee Police Department Monthly Report – June 2024
2. Code Enforcement Monthly Report – June 2024
3. CAL FIRE/Riverside County Fire Department Monthly Report – June 2024 Item Title: 10.3 Monthly Public Safety Reports
Item Page Number: 1
Menifee Mayor and City Council August 21, 2024 Page 40 of 1068 Item Title: 10.3 Monthly Public Safety Reports
Item Page Number: 2
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Item Page Number: 3
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Item Page Number: 4
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Item Page Number: 5
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CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 11, Golden Meadows MEETING DATE: August 21, 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
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt an ordinance amending Ordinance No. 17-231 and levying special taxes to be collected during Fiscal Year 2024/2025 to pay the annual costs and expenses of the City of Menifee Community Facilities District (CFD) No. 2017-1 Maintenance Services, Annexation No. 11, located west of I-215 at the southeast corner of the intersection of Garbani Road and Evans Road.
DISCUSSION
At the August 7, 2024, City Council meeting, this ordinance was introduced for first reading. 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
Services provided within the CFD will be paid for by special taxes levied within the district. There is no fiscal impact to the City’s General Fund.
ATTACHMENTS
1. Location Map
2. Ordinance
Item Title: 10.4
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 11, Golden Meadows Item Page Number: 1
Menifee Mayor and City Council August 21, 2024 Page 45 of 1068 Item Title: 10.4
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 11, Golden Meadows Item Page Number: 2
Menifee Mayor and City Council August 21, 2024 Page 46 of 1068 ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING ORDINANCE NO. 2017-231 AND LEVYING SPECIAL TAXES TO BE
COLLECTED DURING FISCAL YEAR 2024-25 TO PAY THE ANNUAL COSTS
OF THE MAINTENANCE AND SERVICING OF STREET LIGHTS, PARKS,
PARKWAYS, STREETS, ROADS, AND OPEN SPACE, THE OPERATION AND
MAINTENANCE OF STORM DRAINAGE SYSTEMS, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH
RESPECT TO CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 11)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on December 6, 2017, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 17-658 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017-1") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the “Services”), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and
WHEREAS, on December 20, 2017, the City Council adopted Ordinance No. 2017-231 entitled, “An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2018-19 to Pay the Annual Costs of the Maintenance and Servicing of Street Lights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to City of Menifee Community Facilities District No. 2017-1 (Maintenance Services)” (“Ordinance No. 2017-231”), pursuant to which the City Council levied special taxes with the CFD No. 2017-1; and
WHEREAS, on June 19, 2024, the City Council adopted Resolution No. 24-1443 entitled “A Resolution of the City Council of the City of Menifee Declaring Its Intention to Annex Territory to Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, Adopting a Map of the Area to be Proposed to be Annexed (Annexation No. 11) and Authorizing the Levy of a Special Taxes Therein” (the “Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2017-1 and to levy special taxes within that territory to provide the Services as described in the Resolution of Intention and setting a special public hearing on the proposed annexation for August 7, 2024; and WHEREAS, notice was published as required by the Act relative to the intention of the City Council to annex certain territory to the CFD No. 2017-1, to levy special taxes therein to provide the Services, and to set the time and place of said public hearing; and
WHEREAS, on August 7, 2024, at the time and place specified in said published notice, the City Council opened and held a public hearing as required by the Act relative to the annexation of territory in to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services by the CFD No. 2017-1; and
WHEREAS, at said public hearing all persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said public hearing, the City Council adopted Resolution No. 24-1479 entitled “A Resolution of the City Council of the City of Menifee Calling an Election to Submit to the Qualified Electors the Question of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2017-1 (Maintenance Services) (Annexation No. 11)” (the “Resolution Calling the Item Title: 10.4
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 11, Golden Meadows Item Page Number: 3
Menifee Mayor and City Council August 21, 2024 Page 47 of 1068 Election”) on August 7, 2024, wherein the City Council submitted the question of levying a special tax in territory proposed to be annexed to the CFD No. 2017-1 at the rate and according to the method of apportionment described therein; and
WHEREAS, at said special election on August 7, 2024, the qualified electors of the territory proposed to be annexed to the CFD No. 2017-1 approved said propositions as described in the Resolution Calling the Special Election by more than the two-thirds vote required by the Act; and WHEREAS, subsequent to said special election, the City Council adopted Resolution No. 24- 1480 entitled “A Resolution of the City Council of the City of Menifee Declaring the Results of the Special Election Held on August 7, 2024, and Ordering the Annexation of Territory to Community Facilities District No. 2017-1 (Maintenance Services) (Annexation No. 11)” wherein the City Council determined that the territory proposed to be annexed was added to the CFD No. 2017-1 (such territory being referred to herein as “Annexation No. 11”).
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:
Section 1. Recitals. The foregoing recitals are true and correct.
Section 2. Amendment to Exhibit B of Ordinance No. 2017-231. Exhibit B of Ordinance No. 2017-231 is hereby amended by deleting it in its entirety and replacing it with Revised Exhibit B attached hereto.
Section 3. Amendment to Section 2 of Ordinance No. 2017-231. Section 2 of Ordinance No. 2017-231 is hereby amended by deleting it in its entirety and replacing it with the following:
Section 2. Levy of Special Taxes. Special taxes
shall be and are hereby levied for the Fiscal Year 2024- 25, and each Fiscal Year thereafter, on all parcels of real property within the Community Facilities District which are subject to taxation, which are identified in Revised Exhibit B attached hereto, and in the amount set forth for each such parcel in said Revised Exhibit B. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes
are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
Section 4. 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, 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 5. Effective Date. This ordinance shall take effect thirty (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 Item Title: 10.4
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 11, Golden Meadows Item Page Number: 4
Menifee Mayor and City Council August 21, 2024 Page 48 of 1068 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 7th day of August, 2024 and APPROVED AND ADOPTED this 21st day of August, 2024.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.4
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 11, Golden Meadows Item Page Number: 5
Menifee Mayor and City Council August 21, 2024 Page 49 of 1068
EXHIBIT A
DESCRIPTION OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (and may include reserves for replacement) in public street right-ofways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services include the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities.
Maintenance services may include, but are not limited to, the repair, removal or replacement of all or part of any of the water quality improvements; fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff or appurtenant facilities; clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing, or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017- 1; and any portions adjacent to the properties within CFD No. 2017-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to the Resolution of Intention (Resolution No. 23-1273).
The above services shall be limited to those provided within the boundaries of CFD No. 2017-1 or for the benefit of the properties within the boundaries of CFD No. 2017-1, as the boundary is expanded from time to time by annexations, and said services may be financed by proceeds of the special tax of CFD No. 2017-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created.
Item Title: 10.4
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 11, Golden Meadows Item Page Number: 6
Menifee Mayor and City Council August 21, 2024 Page 50 of 1068 5 REVISED EXHIBIT B
(Amending and Replacing Exhibit B of Ordinance No. 2017-231) COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2024-25
(Effective as of August 21, 2024)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Stark Menifee Land, LLC
Stark Menifee Land, LLC & Menifee
Multifamily, LLC Original Formation
Several
See Next Page
1 MLC Holdings 360-210-001
2 Woodside O5S See Next Page
3 To Be Determined
4 Lennar Homes of California, Inc. See Next Page
5 Forester Real Estate Group Inc. 372-040-043, -044
6 Meritage Homes of California, Inc. 372-160-006, -007, -008, -013 and 372-190-003
7 RCFC Investments, LLC 339-020-004, -005, -006, -007, -008, -040, -041, -042, -043 and 339-030-022
8 Pulte Home Company, LLC and
Diamond Brother Five Partnership, LP 340-050-034 and 340-050-032 9 D.R.Horton Los Angeles Holding
Company, Inc. See Next Page
10 Briggs & 74, LLC 327-320-028
11 Golden Meadowland, LLC & Golden Hill
Country, LLC
360-300-011, 360-300-012,
360-300-013, 360-300-014
12 BLC Fleming, LLC 333-020-011 and 333-020-019
13 FPG Sun Menifee 80 LLC 360-150-019
14 FPG Tricon Menifee Property LLC 372-050-037, -038, -039, -040, -041, - 042
15 Boulders Menifee LLC 339-200-080
Item Title: 10.4
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 11, Golden Meadows Item Page Number: 7
Menifee Mayor and City Council August 21, 2024 Page 51 of 1068 Ordinance Annex 11
6 Annexation Owner Assessor's Parcel Numbers
16 Jefferson Menifee LLC 364-070-051
17 VSK Investments, LLC 329-020-009 and 329-020-022
18 AH EHC CA 1 364-190-004 and 364-190-005
19 DSMD Cajun Properties 360-020-029
Item Title: 10.4
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 11, Golden Meadows Item Page Number: 8
Menifee Mayor and City Council August 21, 2024 Page 52 of 1068 Ordinance Annex 11
7 REVISED EXHIBIT B (cont.)
(Amending and Replacing Exhibit B of Ordinance No. 2017-231) COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
ORIGINAL FORMATION
ASSESSOR'S PARCEL NUMBERS
APN APN APN APN APN
360850024 360861031 360862008 360862050 360870030
360850029 360861032 360862009 360862051 360870031
360850030 360861033 360862010 360862052 360870032
360850031 360861034 360862011 360862053 360870033
360850032 360861035 360862012 360862054 360870034
360860001 360861036 360862013 360862055 360870035
360860017 360861038 360862014 360862056 360870036
360860026 360861039 360862016 360862057 360870037
360860027 360861040 360862017 360862058 360870038
360860028 360861041 360862018 360862059 360870039
360860041 360861042 360862019 360870001 360870040
360861001 360861043 360862020 360870002 360870041
360861002 360861044 360862021 360870003 360870042
360861003 360861045 360862022 360870004 360870043
360861004 360861046 360862023 360870005 360870044
360861005 360861047 360862024 360870006 360870045
360861006 360861048 360862025 360870007 360870046
360861007 360861049 360862026 360870008 360870047
360861008 360861050 360862027 360870009 360870048
360861009 360861051 360862028 360870010 360870049
360861010 360861053 360862029 360870011 360870050
360861012 360861054 360862031 360870012 360870051
360861013 360861055 360862032 360870013 360870052
360861014 360861056 360862033 360870014 360870053
Item Title: 10.4
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 11, Golden Meadows Item Page Number: 9
Menifee Mayor and City Council August 21, 2024 Page 53 of 1068 Ordinance Annex 11
8 APN APN APN APN APN
360861015 360861057 360862034 360870015 360870054
360861016 360861058 360862035 360870016 360870055
360861017 360861059 360862036 360870017 360870056
360861018 360861060 360862037 360870018 360870057
360861019 360861061 360862038 360870019 360870058
360861020 360861062 360862039 360870020 360870059
360861021 360861063 360862040 360870021 360870060
360861022 360861064 360862041 360870022 360870061
360861023 360862001 360862042 360870023 360870062
360861025 360862002 360862043 360870024 360870063
360861026 360862003 360862044 360870025 360870064
360861027 360862004 360862046 360870026 360870065
360861028 360862005 360862047 360870027 360870066
360861029 360862006 360862048 360870028 360880001
360861030 360862007 360862049 360870029 360880002
360880003 360880042 360971003 360972002 360980014
360880004 360880043 360971004 360972003 360980015
360880005 360880044 360971005 360972004 360980016
360880006 360880045 360971006 360972005 360980017
360880007 360880046 360971007 360972006 360980018
360880008 360880047 360971008 360973001 360980019
360880009 360880048 360971009 360973002 360980020
360880010 360880049 360971010 360973003 360980021
360880011 360880050 360971011 360973004 360980022
360880012 360880051 360971012 360973005 360980023
360880013 360880052 360971013 360973006 360980024
360880014 360880053 360971014 360973007 360980025
360880015 360880054 360971015 360973008 360980026
360880016 360880055 360971016 360973009 360980027
360880017 360880056 360971017 360973010 360980028
360880018 360880057 360971018 360973011 360980029
Item Title: 10.4
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 11, Golden Meadows Item Page Number: 10
Menifee Mayor and City Council August 21, 2024 Page 54 of 1068 Ordinance Annex 11
9 APN APN APN APN APN
360880019 360880058 360971019 360973012 360980030
360880020 360880059 360971020 360974001 360980031
360880021 360970001 360971021 360974002 360980032
360880022 360970002 360971022 360974003 360980033
360880023 360970003 360971023 360974004 360980034
360880024 360970004 360971024 360974005 360980035
360880025 360970005 360971025 360974006 360980036
360880026 360970006 360971026 360974007 360980037
360880027 360970007 360971027 360974008 360980038
360880028 360970008 360971028 360974009 360981001
360880029 360970009 360971029 360980001 360981002
360880030 360970010 360971030 360980002 360981003
360880031 360970011 360971031 360980003 360981004
360880032 360970012 360971032 360980004 360982001
360880033 360970013 360971033 360980005 360982002
360880034 360970014 360971034 360980006 360982003
360880035 360970015 360971035 360980007 360982004
360880036 360970016 360971036 360980008 360982005
360880037 360970017 360971037 360980009 360982006
360880038 360970018 360971038 360980010 360982007
360880039 360970019 360971039 360980011 360982008
360880040 360971001 360971040 360980012 360982009
360880041 360971002 360972001 360980013 360982010
360982011 364411001 364420019 364422018 364430013
360982012 364411002 364420020 364422019 364430014
360983001 364411003 364420021 364422020 364430015
360983002 364411004 364420022 364422021 364430016
360983003 364411005 364420023 364422022 364431001
360983004 364411006 364420024 364423001 364431002
360983005 364411007 364421001 364423002 364431003
360983006 364411008 364421002 364423003 364431004
Item Title: 10.4
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 11, Golden Meadows Item Page Number: 11
Menifee Mayor and City Council August 21, 2024 Page 55 of 1068 Ordinance Annex 11
10 APN APN APN APN APN
360983007 364411009 364421003 364423004 364431005
360983008 364411010 364421004 364423005 364431006
360983009 364411011 364421005 364423006 364431007
360983010 364411012 364421006 364423007 364431008
360983011 364411013 364421007 364423008 364431009
360983012 364411014 364421008 364423009 364431010
364410001 364411015 364421009 364423010 364431011
364410002 364411016 364421010 364423011 364431012
364410003 364411017 364421011 364424001 364431013
364410004 364411018 364422001 364424002 364431014
364410005 364420003 364422002 364424003 364431015
364410006 364420004 364422003 364424004 364431016
364410007 364420005 364422004 364424005 364431017
364410008 364420006 364422005 364424006 364432001
364410009 364420007 364422006 364430001 364432002
364410010 364420008 364422007 364430002 364432003
364410011 364420009 364422008 364430003 364432004
364410012 364420010 364422009 364430004 364432005
364410013 364420011 364422010 364430005 364432006
364410014 364420012 364422011 364430006 364432007
364410015 364420013 364422012 364430007 364432008
364410016 364420014 364422013 364430008 364433001
364410017 364420015 364422014 364430009 364433002
364410018 364420016 364422015 364430010 364433003
364410019 364420017 364422016 364430011 364433004
364410020 364420018 364422017 364430012
Item Title: 10.4
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 11, Golden Meadows Item Page Number: 12
Menifee Mayor and City Council August 21, 2024 Page 56 of 1068 Ordinance Annex 11
11 ANNEXATION NO. 2
ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
339020039 339362020 339362021 339362022 339362023 339362024 339362025 339362026 339362027 339500001 339500002 339500003 339500004 339500005 339500006 339500007 339500008 339500009 339500010 339500011 339500012 339500013 339500014 339500015 339500016 339500017 339500018 339500019 339500020 339500021 339500022 339500023 339500024 339500025 339500026 339500027 339500028 339501001 339501002 339501003 339501004 339501005 339502001 339502002 339502003 339502004 339502005 339502006 339510001 339510002 339510003 339510004 339510005 339510006 339510007 339510008 339510009 339510010 339510011 339510012 339511001 339511002 339511003 339511004 339511005 339511006 339511007 339511008 339511009 339511010 339511011 339511012 339511013 339511014 339511015 339511016 339511017 339511018 339511019 339511020 339511021 339511022 339511023 339511024 339511025 339511026 339511027 339511028 339511029 339511030 339511031 339512001 339512002 339512003 339512004 339512005 339512006 339512007 339512008 339512009 339512010 339512011 339512012 339512013 339512014 339520001 339520002 339520003 339520004 339520005 339520006 339520007 339520008 339520009 339520010 339520011 339520012 339520013 339520014 339520015 339520016 339520017 339520018 339520019 339521001 339521002 339521003 339521004 339521005 339521006 339521007 339521008 339521009 339521010 339521011 339521012 339522001 339522002 339522003 339522004 339522005 339522006 339522007 339522008 339522009 339522010 339522011 339522012 339522013 339522014 339522015 339522016 339522017 339522018 339522019 339522020 339522021 339522022 339522023 339522024 339522025 339522026 339522027 339522028 339522029
ANNEXATION NO. 4
ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
333070069 333070070 333070071 333070075 333070080 333070081 333070082 Item Title: 10.4
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 11, Golden Meadows Item Page Number: 13
Menifee Mayor and City Council August 21, 2024 Page 57 of 1068 Ordinance Annex 11
12 ANNEXATION NO. 9
ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
331080005 331080006 331080007 331080008 331080009 331080010 331080011 331080012 331080018 331080019 331080020 331080021 331080024 331080025 331080027 331080028 Item Title: 10.4
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 11, Golden Meadows Item Page Number: 14
Menifee Mayor and City Council August 21, 2024 Page 58 of 1068
CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 21, River Walk Village MEETING DATE: August 21, 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
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt an ordinance amending Ordinance No. 17-231 and levying special taxes to be collected during Fiscal Year 2024/2025 to pay the annual costs and expenses of the City of Menifee Community Facilities District (CFD) No. 2017-1 Maintenance Services, Annexation No. 21, located northwest of Bradley Road and Lazy Creek Road.
DISCUSSION
At the August 7, 2024, City Council meeting, this ordinance was introduced for first reading. 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
Services provided within the CFD will be paid for by special taxes levied within the district. There is no fiscal impact to the City’s General Fund.
ATTACHMENTS
1. Location Map
2. Ordinance
Item Title: 10.5
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 21, River Walk Village Item Page Number: 1
Menifee Mayor and City Council August 21, 2024 Page 59 of 1068 Item Title: 10.5
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 21, River Walk Village Item Page Number: 2
Menifee Mayor and City Council August 21, 2024 Page 60 of 1068 ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING ORDINANCE NO. 2017-231 AND LEVYING SPECIAL TAXES TO BE
COLLECTED DURING FISCAL YEAR 2024-25 TO PAY THE ANNUAL COSTS
OF THE MAINTENANCE AND SERVICING OF STREET LIGHTS, PARKS,
PARKWAYS, STREETS, ROADS, AND OPEN SPACE, THE OPERATION AND
MAINTENANCE OF STORM DRAINAGE SYSTEMS, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH
RESPECT TO CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)(ANNEXATION NO. 21)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on December 6, 2017, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 17-658 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017-1") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the “Services”), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and
WHEREAS, on December 20, 2017, the City Council adopted Ordinance No. 2017-231 entitled, “An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2018-19 to Pay the Annual Costs of the Maintenance and Servicing of Street Lights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to City of Menifee Community Facilities District No. 2017-1 (Maintenance Services)” (“Ordinance No. 2017-231”), pursuant to which the City Council levied special taxes with the CFD No. 2017-1; and
WHEREAS, on June 19, 2024, the City Council adopted Resolution No. 24-1444 entitled “A Resolution of the City Council of the City of Menifee Declaring Its Intention to Annex Territory to Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, Adopting a Map of the Area to be Proposed to be Annexed (Annexation No. 21) and Authorizing the Levy of a Special Taxes Therein” (the “Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2017-1 and to levy special taxes within that territory to provide the Services as described in the Resolution of Intention and setting a special public hearing on the proposed annexation for August 7, 2024; and WHEREAS, notice was published as required by the Act relative to the intention of the City Council to annex certain territory to the CFD No. 2017-1, to levy special taxes therein to provide the Services, and to set the time and place of said public hearing; and
WHEREAS, on August 7, 2024, at the time and place specified in said published notice, the City Council opened and held a public hearing as required by the Act relative to the annexation of territory in to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services by the CFD No. 2017-1; and
WHEREAS, at said public hearing all persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said public hearing, the City Council adopted Resolution No. 24-1481 entitled “A Resolution of the City Council of the City of Menifee Calling an Election to Submit to the Qualified Electors the Question of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2017-1 (Maintenance Services) (Annexation No. 21)” (the “Resolution Calling the Item Title: 10.5
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 21, River Walk Village Item Page Number: 3
Menifee Mayor and City Council August 21, 2024 Page 61 of 1068 Election”) on August 7, 2024, wherein the City Council submitted the question of levying a special tax in territory proposed to be annexed to the CFD No. 2017-1 at the rate and according to the method of apportionment described therein; and
WHEREAS, at said special election on August 7, 2024, the qualified electors of the territory proposed to be annexed to the CFD No. 2017-1 approved said propositions as described in the Resolution Calling the Special Election by more than the two-thirds vote required by the Act; and WHEREAS, subsequent to said special election, the City Council adopted Resolution No. 24- 1482 entitled “A Resolution of the City Council of the City of Menifee Declaring the Results of the Special Election Held on August 7, 2024, and Ordering the Annexation of Territory to Community Facilities District No. 2017-1 (Maintenance Services) (Annexation No. 21)” wherein the City Council determined that the territory proposed to be annexed was added to the CFD No. 2017-1 (such territory being referred to herein as “Annexation No. 21”).
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:
Section 1. Recitals. The foregoing recitals are true and correct.
Section 2. Amendment to Exhibit B of Ordinance No. 2017-231. Exhibit B of Ordinance No. 2017-231 is hereby amended by deleting it in its entirety and replacing it with Revised Exhibit B attached hereto.
Section 3. Amendment to Section 2 of Ordinance No. 2017-231. Section 2 of Ordinance No. 2017-231 is hereby amended by deleting it in its entirety and replacing it with the following:
Section 2. Levy of Special Taxes. Special taxes
shall be and are hereby levied for the Fiscal Year 2024- 25, and each Fiscal Year thereafter, on all parcels of real property within the Community Facilities District which are subject to taxation, which are identified in Revised Exhibit B attached hereto, and in the amount set forth for each such parcel in said Revised Exhibit B. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes
are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
Section 4. 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, 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 5. Effective Date. This ordinance shall take effect thirty (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).
Item Title: 10.5
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 21, River Walk Village Item Page Number: 4
Menifee Mayor and City Council August 21, 2024 Page 62 of 1068 This Ordinance was introduced and read on the 7th day of August, 2024 and APPROVED AND ADOPTED this 21st day of August, 2024.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.5
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 21, River Walk Village Item Page Number: 5
Menifee Mayor and City Council August 21, 2024 Page 63 of 1068
EXHIBIT A
DESCRIPTION OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (and may include reserves for replacement) in public street right-ofways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services include the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities.
Maintenance services may include, but are not limited to, the repair, removal or replacement of all or part of any of the water quality improvements; fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff or appurtenant facilities; clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing, or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017- 1; and any portions adjacent to the properties within CFD No. 2017-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to the Resolution of Intention (Resolution No. 23-1273).
The above services shall be limited to those provided within the boundaries of CFD No. 2017-1 or for the benefit of the properties within the boundaries of CFD No. 2017-1, as the boundary is expanded from time to time by annexations, and said services may be financed by proceeds of the special tax of CFD No. 2017-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created.
Item Title: 10.5
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 21, River Walk Village Item Page Number: 6
Menifee Mayor and City Council August 21, 2024 Page 64 of 1068 5 REVISED EXHIBIT B
(Amending and Replacing Exhibit B of Ordinance No. 2017-231) COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2024-25
(Effective as of August 21, 2024)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Stark Menifee Land, LLC
Stark Menifee Land, LLC & Menifee
Multifamily, LLC Original Formation
Several
See Next Page
1 MLC Holdings 360-210-001
2 Woodside O5S See Next Page
3 To Be Determined
4 Lennar Homes of California, Inc. See Next Page
5 Forester Real Estate Group Inc. 372-040-043, -044
6 Meritage Homes of California, Inc. 372-160-006, -007, -008, -013 and 372-190-003
7 RCFC Investments, LLC 339-020-004, -005, -006, -007, -008, -040, -041, -042, -043 and 339-030-022
8 Pulte Home Company, LLC and
Diamond Brother Five Partnership, LP 340-050-034 and 340-050-032 9 D.R.Horton Los Angeles Holding
Company, Inc. See Next Page
10 Briggs & 74, LLC 327-320-028
11 Golden Meadowland, LLC & Golden Hill
Country, LLC
360-300-011, 360-300-012,
360-300-013, 360-300-014
12 BLC Fleming, LLC 333-020-011 and 333-020-019
13 FPG Sun Menifee 80 LLC 360-150-019
14 FPG Tricon Menifee Property LLC 372-050-037, -038, -039, -040, -041, - 042
15 Boulders Menifee LLC 339-200-080
Item Title: 10.5
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 21, River Walk Village Item Page Number: 7
Menifee Mayor and City Council August 21, 2024 Page 65 of 1068 Ordinance Annex 21
6 Annexation Owner Assessor's Parcel Numbers
16 Jefferson Menifee LLC 364-070-051
17 VSK Investments, LLC 329-020-009 and 329-020-022
18 AH EHC CA 1 364-190-004 and 364-190-005
19 DSMD Cajun Properties 360-020-029
20 To Be Determined
21 Richmond American Homes of Maryland
Inc. 338-150-046 and 338-150-031
Item Title: 10.5
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 21, River Walk Village Item Page Number: 8
Menifee Mayor and City Council August 21, 2024 Page 66 of 1068 Ordinance Annex 21
7 REVISED EXHIBIT B (cont.)
(Amending and Replacing Exhibit B of Ordinance No. 2017-231) COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
ORIGINAL FORMATION
ASSESSOR'S PARCEL NUMBERS
APN APN APN APN APN
360850024 360861031 360862008 360862050 360870030
360850029 360861032 360862009 360862051 360870031
360850030 360861033 360862010 360862052 360870032
360850031 360861034 360862011 360862053 360870033
360850032 360861035 360862012 360862054 360870034
360860001 360861036 360862013 360862055 360870035
360860017 360861038 360862014 360862056 360870036
360860026 360861039 360862016 360862057 360870037
360860027 360861040 360862017 360862058 360870038
360860028 360861041 360862018 360862059 360870039
360860041 360861042 360862019 360870001 360870040
360861001 360861043 360862020 360870002 360870041
360861002 360861044 360862021 360870003 360870042
360861003 360861045 360862022 360870004 360870043
360861004 360861046 360862023 360870005 360870044
360861005 360861047 360862024 360870006 360870045
360861006 360861048 360862025 360870007 360870046
360861007 360861049 360862026 360870008 360870047
360861008 360861050 360862027 360870009 360870048
360861009 360861051 360862028 360870010 360870049
360861010 360861053 360862029 360870011 360870050
360861012 360861054 360862031 360870012 360870051
360861013 360861055 360862032 360870013 360870052
360861014 360861056 360862033 360870014 360870053
Item Title: 10.5
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 21, River Walk Village Item Page Number: 9
Menifee Mayor and City Council August 21, 2024 Page 67 of 1068 Ordinance Annex 21
8 APN APN APN APN APN
360861015 360861057 360862034 360870015 360870054
360861016 360861058 360862035 360870016 360870055
360861017 360861059 360862036 360870017 360870056
360861018 360861060 360862037 360870018 360870057
360861019 360861061 360862038 360870019 360870058
360861020 360861062 360862039 360870020 360870059
360861021 360861063 360862040 360870021 360870060
360861022 360861064 360862041 360870022 360870061
360861023 360862001 360862042 360870023 360870062
360861025 360862002 360862043 360870024 360870063
360861026 360862003 360862044 360870025 360870064
360861027 360862004 360862046 360870026 360870065
360861028 360862005 360862047 360870027 360870066
360861029 360862006 360862048 360870028 360880001
360861030 360862007 360862049 360870029 360880002
360880003 360880042 360971003 360972002 360980014
360880004 360880043 360971004 360972003 360980015
360880005 360880044 360971005 360972004 360980016
360880006 360880045 360971006 360972005 360980017
360880007 360880046 360971007 360972006 360980018
360880008 360880047 360971008 360973001 360980019
360880009 360880048 360971009 360973002 360980020
360880010 360880049 360971010 360973003 360980021
360880011 360880050 360971011 360973004 360980022
360880012 360880051 360971012 360973005 360980023
360880013 360880052 360971013 360973006 360980024
360880014 360880053 360971014 360973007 360980025
360880015 360880054 360971015 360973008 360980026
360880016 360880055 360971016 360973009 360980027
360880017 360880056 360971017 360973010 360980028
360880018 360880057 360971018 360973011 360980029
Item Title: 10.5
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 21, River Walk Village Item Page Number: 10
Menifee Mayor and City Council August 21, 2024 Page 68 of 1068 Ordinance Annex 21
9 APN APN APN APN APN
360880019 360880058 360971019 360973012 360980030
360880020 360880059 360971020 360974001 360980031
360880021 360970001 360971021 360974002 360980032
360880022 360970002 360971022 360974003 360980033
360880023 360970003 360971023 360974004 360980034
360880024 360970004 360971024 360974005 360980035
360880025 360970005 360971025 360974006 360980036
360880026 360970006 360971026 360974007 360980037
360880027 360970007 360971027 360974008 360980038
360880028 360970008 360971028 360974009 360981001
360880029 360970009 360971029 360980001 360981002
360880030 360970010 360971030 360980002 360981003
360880031 360970011 360971031 360980003 360981004
360880032 360970012 360971032 360980004 360982001
360880033 360970013 360971033 360980005 360982002
360880034 360970014 360971034 360980006 360982003
360880035 360970015 360971035 360980007 360982004
360880036 360970016 360971036 360980008 360982005
360880037 360970017 360971037 360980009 360982006
360880038 360970018 360971038 360980010 360982007
360880039 360970019 360971039 360980011 360982008
360880040 360971001 360971040 360980012 360982009
360880041 360971002 360972001 360980013 360982010
360982011 364411001 364420019 364422018 364430013
360982012 364411002 364420020 364422019 364430014
360983001 364411003 364420021 364422020 364430015
360983002 364411004 364420022 364422021 364430016
360983003 364411005 364420023 364422022 364431001
360983004 364411006 364420024 364423001 364431002
360983005 364411007 364421001 364423002 364431003
360983006 364411008 364421002 364423003 364431004
Item Title: 10.5
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 21, River Walk Village Item Page Number: 11
Menifee Mayor and City Council August 21, 2024 Page 69 of 1068 Ordinance Annex 21
10 APN APN APN APN APN
360983007 364411009 364421003 364423004 364431005
360983008 364411010 364421004 364423005 364431006
360983009 364411011 364421005 364423006 364431007
360983010 364411012 364421006 364423007 364431008
360983011 364411013 364421007 364423008 364431009
360983012 364411014 364421008 364423009 364431010
364410001 364411015 364421009 364423010 364431011
364410002 364411016 364421010 364423011 364431012
364410003 364411017 364421011 364424001 364431013
364410004 364411018 364422001 364424002 364431014
364410005 364420003 364422002 364424003 364431015
364410006 364420004 364422003 364424004 364431016
364410007 364420005 364422004 364424005 364431017
364410008 364420006 364422005 364424006 364432001
364410009 364420007 364422006 364430001 364432002
364410010 364420008 364422007 364430002 364432003
364410011 364420009 364422008 364430003 364432004
364410012 364420010 364422009 364430004 364432005
364410013 364420011 364422010 364430005 364432006
364410014 364420012 364422011 364430006 364432007
364410015 364420013 364422012 364430007 364432008
364410016 364420014 364422013 364430008 364433001
364410017 364420015 364422014 364430009 364433002
364410018 364420016 364422015 364430010 364433003
364410019 364420017 364422016 364430011 364433004
364410020 364420018 364422017 364430012
Item Title: 10.5
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 21, River Walk Village Item Page Number: 12
Menifee Mayor and City Council August 21, 2024 Page 70 of 1068 Ordinance Annex 21
11 ANNEXATION NO. 2
ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
339020039 339362020 339362021 339362022 339362023 339362024 339362025 339362026 339362027 339500001 339500002 339500003 339500004 339500005 339500006 339500007 339500008 339500009 339500010 339500011 339500012 339500013 339500014 339500015 339500016 339500017 339500018 339500019 339500020 339500021 339500022 339500023 339500024 339500025 339500026 339500027 339500028 339501001 339501002 339501003 339501004 339501005 339502001 339502002 339502003 339502004 339502005 339502006 339510001 339510002 339510003 339510004 339510005 339510006 339510007 339510008 339510009 339510010 339510011 339510012 339511001 339511002 339511003 339511004 339511005 339511006 339511007 339511008 339511009 339511010 339511011 339511012 339511013 339511014 339511015 339511016 339511017 339511018 339511019 339511020 339511021 339511022 339511023 339511024 339511025 339511026 339511027 339511028 339511029 339511030 339511031 339512001 339512002 339512003 339512004 339512005 339512006 339512007 339512008 339512009 339512010 339512011 339512012 339512013 339512014 339520001 339520002 339520003 339520004 339520005 339520006 339520007 339520008 339520009 339520010 339520011 339520012 339520013 339520014 339520015 339520016 339520017 339520018 339520019 339521001 339521002 339521003 339521004 339521005 339521006 339521007 339521008 339521009 339521010 339521011 339521012 339522001 339522002 339522003 339522004 339522005 339522006 339522007 339522008 339522009 339522010 339522011 339522012 339522013 339522014 339522015 339522016 339522017 339522018 339522019 339522020 339522021 339522022 339522023 339522024 339522025 339522026 339522027 339522028 339522029
ANNEXATION NO. 4
ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
333070069 333070070 333070071 333070075 333070080 333070081 333070082 Item Title: 10.5
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 21, River Walk Village Item Page Number: 13
Menifee Mayor and City Council August 21, 2024 Page 71 of 1068 Ordinance Annex 21
12 ANNEXATION NO. 9
ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
331080005 331080006 331080007 331080008 331080009 331080010 331080011 331080012 331080018 331080019 331080020 331080021 331080024 331080025 331080027 331080028 Item Title: 10.5
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 21, River Walk Village Item Page Number: 14
Menifee Mayor and City Council August 21, 2024 Page 72 of 1068
CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 23, Banner Park II MEETING DATE: August 21, 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
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt an ordinance amending Ordinance No. 17-231 and levying special taxes to be collected during Fiscal Year 2024/2025 to pay the annual costs and expenses of the City of Menifee Community Facilities District (CFD) No. 2017-1 Maintenance Services, Annexation No. 23, located south of Domenigoni Parkway, east of Menifee Road, west of Briggs Road, and north of Old Newport Road.
DISCUSSION
At the August 7, 2024, City Council meeting, this ordinance was introduced for first reading. 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
Services provided within the CFD will be paid for by special taxes levied within the district. There is no fiscal impact to the City’s General Fund.
ATTACHMENTS
1. Location Map
2. Ordinance
Item Title: 10.6
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 23, Banner Park II Item Page Number: 1
Menifee Mayor and City Council August 21, 2024 Page 73 of 1068 Item Title: 10.6
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 23, Banner Park II Item Page Number: 2
Menifee Mayor and City Council August 21, 2024 Page 74 of 1068 ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING ORDINANCE NO. 2017-231 AND LEVYING SPECIAL TAXES TO BE
COLLECTED DURING FISCAL YEAR 2024-25 TO PAY THE ANNUAL COSTS
OF THE MAINTENANCE AND SERVICING OF STREET LIGHTS, PARKS,
PARKWAYS, STREETS, ROADS, AND OPEN SPACE, THE OPERATION AND
MAINTENANCE OF STORM DRAINAGE SYSTEMS, A RESERVE FUND FOR
CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH
RESPECT TO CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)(ANNEXATION NO. 23)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on December 6, 2017, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 17-658 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017-1") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the “Services”), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and WHEREAS, on December 20, 2017, the City Council adopted Ordinance No. 2017-231 entitled, “An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2018-19 to Pay the Annual Costs of the Maintenance and Servicing of Street Lights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to City of Menifee Community Facilities District No. 2017-1 (Maintenance Services)” (“Ordinance No. 2017-231”), pursuant to which the City Council levied special taxes with the CFD No. 2017-1; and WHEREAS, on June 19, 2024, the City Council adopted Resolution No. 24-1445 entitled “A Resolution of the City Council of the City of Menifee Declaring Its Intention to Annex Territory to Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, Adopting a Map of the Area to be Proposed to be Annexed (Annexation No. 23) and Authorizing the Levy of a Special Taxes Therein” (the “Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2017-1 and to levy special taxes within that territory to provide the Services as described in the Resolution of Intention and setting a special public hearing on the proposed annexation for August 7, 2024; and
WHEREAS, notice was published as required by the Act relative to the intention of the City Council to annex certain territory to the CFD No. 2017-1, to levy special taxes therein to provide the Services, and to set the time and place of said public hearing; and WHEREAS, on August 7, 2024, at the time and place specified in said published notice, the City Council opened and held a public hearing as required by the Act relative to the annexation of territory in to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services by the CFD No. 2017-1; and
WHEREAS, at said public hearing all persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services therein were heard, and a full and fair hearing was held; and
Item Title: 10.6
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 23, Banner Park II Item Page Number: 3
Menifee Mayor and City Council August 21, 2024 Page 75 of 1068 WHEREAS, subsequent to said public hearing, the City Council adopted Resolution No. 24-1483 entitled “A Resolution of the City Council of the City of Menifee Calling an Election to Submit to the Qualified Electors the Question of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2017-1 (Maintenance Services) (Annexation No. 23)” (the “Resolution Calling the Election”) on August 7, 2024, wherein the City Council submitted the question of levying a special tax in territory proposed to be annexed to the CFD No. 2017-1 at the rate and according to the method of apportionment described therein; and WHEREAS, at said special election on August 7, 2024, the qualified electors of the territory proposed to be annexed to the CFD No. 2017-1 approved said propositions as described in the Resolution Calling the Special Election by more than the two-thirds vote required by the Act; and
WHEREAS, subsequent to said special election, the City Council adopted Resolution No. 24-1484 entitled “A Resolution of the City Council of the City of Menifee Declaring the Results of the Special Election Held on August 7, 2024, and Ordering the Annexation of Territory to Community Facilities District No. 2017-1 (Maintenance Services) (Annexation No. 23)” wherein the City Council determined that the territory proposed to be annexed was added to the CFD No. 2017-1 (such territory being referred to herein as “Annexation No. 23”).
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:
Section 1. Recitals. The foregoing recitals are true and correct.
Section 2. Amendment to Exhibit B of Ordinance No. 2017-231. Exhibit B of Ordinance No. 2017-231 is hereby amended by deleting it in its entirety and replacing it with Revised Exhibit B attached hereto.
Section 3. Amendment to Section 2 of Ordinance No. 2017-231. Section 2 of Ordinance No. 2017-231 is hereby amended by deleting it in its entirety and replacing it with the following:
Section 2. Levy of Special Taxes. Special taxes
shall be and are hereby levied for the Fiscal Year 2024- 25, and each Fiscal Year thereafter, on all parcels of real property within the Community Facilities District which are subject to taxation, which are identified in Revised Exhibit B attached hereto, and in the amount set forth for each such parcel in said Revised Exhibit B. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes
are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
Section 4. 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, clause, or phrase not declared Item Title: 10.6
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 23, Banner Park II Item Page Number: 4
Menifee Mayor and City Council August 21, 2024 Page 76 of 1068 invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 5. Effective Date. This ordinance shall take effect thirty (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 for first reading on the 7th day of August, 2024 and APPROVED AND ADOPTED this 21st day of August, 2024.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.6
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 23, Banner Park II Item Page Number: 5
Menifee Mayor and City Council August 21, 2024 Page 77 of 1068
EXHIBIT A
DESCRIPTION OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (and may include reserves for replacement) in public street right-ofways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services include the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities.
Maintenance services may include, but are not limited to, the repair, removal or replacement of all or part of any of the water quality improvements; fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff or appurtenant facilities; clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing, or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017- 1; and any portions adjacent to the properties within CFD No. 2017-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to the Resolution of Intention (Resolution No. 23-1273).
The above services shall be limited to those provided within the boundaries of CFD No. 2017-1 or for the benefit of the properties within the boundaries of CFD No. 2017-1, as the boundary is expanded from time to time by annexations, and said services may be financed by proceeds of the special tax of CFD No. 2017-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created.
Item Title: 10.6
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 23, Banner Park II Item Page Number: 6
Menifee Mayor and City Council August 21, 2024 Page 78 of 1068 5 REVISED EXHIBIT B
(Amending and Replacing Exhibit B of Ordinance No. 2017-231) COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2024-25
(Effective as of August 21, 2024)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Stark Menifee Land, LLC
Stark Menifee Land, LLC & Menifee
Multifamily, LLC Original Formation
Several
See Next Page
1 MLC Holdings 360-210-001
2 Woodside O5S See Next Page
3 To Be Determined
4 Lennar Homes of California, Inc. See Next Page
5 Forester Real Estate Group Inc. 372-040-043, -044
6 Meritage Homes of California, Inc. 372-160-006, -007, -008, -013 and 372-190-003
7 RCFC Investments, LLC 339-020-004, -005, -006, -007, -008, -040, -041, -042, -043 and 339-030-022
8 Pulte Home Company, LLC and
Diamond Brother Five Partnership, LP 340-050-034 and 340-050-032 9 D.R.Horton Los Angeles Holding
Company, Inc. See Next Page
10 Briggs & 74, LLC 327-320-028
11 Golden Meadowland, LLC & Golden Hill
Country, LLC
360-300-011, 360-300-012,
360-300-013, 360-300-014
12 BLC Fleming, LLC 333-020-011 and 333-020-019
13 FPG Sun Menifee 80 LLC 360-150-019
14 FPG Tricon Menifee Property LLC 372-050-037, -038, -039, -040, -041, - 042
15 Boulders Menifee LLC 339-200-080
Item Title: 10.6
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 23, Banner Park II Item Page Number: 7
Menifee Mayor and City Council August 21, 2024 Page 79 of 1068 Ordinance Annex 23
6 Annexation Owner Assessor's Parcel Numbers
16 Jefferson Menifee LLC 364-070-051
17 VSK Investments, LLC 329-020-009 and 329-020-022
18 AH EHC CA 1 364-190-004 and 364-190-005
19 DSMD Cajun Properties 360-020-029
20 To Be Determined
21 Richmond American Homes of Maryland
Inc. 338-150-046 and 338-150-031
22A Pulte Home Company, LLC See Next Page
22B Pulte Home Company, LLC 335-070-055 and 335-430-027 22C Pulte Home Company, LLC 330-220-016, -017 and 330-230-043 23 Pulte Home Company, LLC See Next Page
Item Title: 10.6
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 23, Banner Park II Item Page Number: 8
Menifee Mayor and City Council August 21, 2024 Page 80 of 1068 Ordinance Annex 23
7 REVISED EXHIBIT B (cont.)
(Amending and Replacing Exhibit B of Ordinance No. 2017-231) COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
ORIGINAL FORMATION
ASSESSOR'S PARCEL NUMBERS
APN APN APN APN APN
360850024 360861031 360862008 360862050 360870030
360850029 360861032 360862009 360862051 360870031
360850030 360861033 360862010 360862052 360870032
360850031 360861034 360862011 360862053 360870033
360850032 360861035 360862012 360862054 360870034
360860001 360861036 360862013 360862055 360870035
360860017 360861038 360862014 360862056 360870036
360860026 360861039 360862016 360862057 360870037
360860027 360861040 360862017 360862058 360870038
360860028 360861041 360862018 360862059 360870039
360860041 360861042 360862019 360870001 360870040
360861001 360861043 360862020 360870002 360870041
360861002 360861044 360862021 360870003 360870042
360861003 360861045 360862022 360870004 360870043
360861004 360861046 360862023 360870005 360870044
360861005 360861047 360862024 360870006 360870045
360861006 360861048 360862025 360870007 360870046
360861007 360861049 360862026 360870008 360870047
360861008 360861050 360862027 360870009 360870048
360861009 360861051 360862028 360870010 360870049
360861010 360861053 360862029 360870011 360870050
360861012 360861054 360862031 360870012 360870051
360861013 360861055 360862032 360870013 360870052
360861014 360861056 360862033 360870014 360870053
Item Title: 10.6
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 23, Banner Park II Item Page Number: 9
Menifee Mayor and City Council August 21, 2024 Page 81 of 1068 Ordinance Annex 23
8 APN APN APN APN APN
360861015 360861057 360862034 360870015 360870054
360861016 360861058 360862035 360870016 360870055
360861017 360861059 360862036 360870017 360870056
360861018 360861060 360862037 360870018 360870057
360861019 360861061 360862038 360870019 360870058
360861020 360861062 360862039 360870020 360870059
360861021 360861063 360862040 360870021 360870060
360861022 360861064 360862041 360870022 360870061
360861023 360862001 360862042 360870023 360870062
360861025 360862002 360862043 360870024 360870063
360861026 360862003 360862044 360870025 360870064
360861027 360862004 360862046 360870026 360870065
360861028 360862005 360862047 360870027 360870066
360861029 360862006 360862048 360870028 360880001
360861030 360862007 360862049 360870029 360880002
360880003 360880042 360971003 360972002 360980014
360880004 360880043 360971004 360972003 360980015
360880005 360880044 360971005 360972004 360980016
360880006 360880045 360971006 360972005 360980017
360880007 360880046 360971007 360972006 360980018
360880008 360880047 360971008 360973001 360980019
360880009 360880048 360971009 360973002 360980020
360880010 360880049 360971010 360973003 360980021
360880011 360880050 360971011 360973004 360980022
360880012 360880051 360971012 360973005 360980023
360880013 360880052 360971013 360973006 360980024
360880014 360880053 360971014 360973007 360980025
360880015 360880054 360971015 360973008 360980026
360880016 360880055 360971016 360973009 360980027
360880017 360880056 360971017 360973010 360980028
360880018 360880057 360971018 360973011 360980029
Item Title: 10.6
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 23, Banner Park II Item Page Number: 10
Menifee Mayor and City Council August 21, 2024 Page 82 of 1068 Ordinance Annex 23
9 APN APN APN APN APN
360880019 360880058 360971019 360973012 360980030
360880020 360880059 360971020 360974001 360980031
360880021 360970001 360971021 360974002 360980032
360880022 360970002 360971022 360974003 360980033
360880023 360970003 360971023 360974004 360980034
360880024 360970004 360971024 360974005 360980035
360880025 360970005 360971025 360974006 360980036
360880026 360970006 360971026 360974007 360980037
360880027 360970007 360971027 360974008 360980038
360880028 360970008 360971028 360974009 360981001
360880029 360970009 360971029 360980001 360981002
360880030 360970010 360971030 360980002 360981003
360880031 360970011 360971031 360980003 360981004
360880032 360970012 360971032 360980004 360982001
360880033 360970013 360971033 360980005 360982002
360880034 360970014 360971034 360980006 360982003
360880035 360970015 360971035 360980007 360982004
360880036 360970016 360971036 360980008 360982005
360880037 360970017 360971037 360980009 360982006
360880038 360970018 360971038 360980010 360982007
360880039 360970019 360971039 360980011 360982008
360880040 360971001 360971040 360980012 360982009
360880041 360971002 360972001 360980013 360982010
360982011 364411001 364420019 364422018 364430013
360982012 364411002 364420020 364422019 364430014
360983001 364411003 364420021 364422020 364430015
360983002 364411004 364420022 364422021 364430016
360983003 364411005 364420023 364422022 364431001
360983004 364411006 364420024 364423001 364431002
360983005 364411007 364421001 364423002 364431003
360983006 364411008 364421002 364423003 364431004
Item Title: 10.6
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 23, Banner Park II Item Page Number: 11
Menifee Mayor and City Council August 21, 2024 Page 83 of 1068 Ordinance Annex 23
10 APN APN APN APN APN
360983007 364411009 364421003 364423004 364431005
360983008 364411010 364421004 364423005 364431006
360983009 364411011 364421005 364423006 364431007
360983010 364411012 364421006 364423007 364431008
360983011 364411013 364421007 364423008 364431009
360983012 364411014 364421008 364423009 364431010
364410001 364411015 364421009 364423010 364431011
364410002 364411016 364421010 364423011 364431012
364410003 364411017 364421011 364424001 364431013
364410004 364411018 364422001 364424002 364431014
364410005 364420003 364422002 364424003 364431015
364410006 364420004 364422003 364424004 364431016
364410007 364420005 364422004 364424005 364431017
364410008 364420006 364422005 364424006 364432001
364410009 364420007 364422006 364430001 364432002
364410010 364420008 364422007 364430002 364432003
364410011 364420009 364422008 364430003 364432004
364410012 364420010 364422009 364430004 364432005
364410013 364420011 364422010 364430005 364432006
364410014 364420012 364422011 364430006 364432007
364410015 364420013 364422012 364430007 364432008
364410016 364420014 364422013 364430008 364433001
364410017 364420015 364422014 364430009 364433002
364410018 364420016 364422015 364430010 364433003
364410019 364420017 364422016 364430011 364433004
364410020 364420018 364422017 364430012
Item Title: 10.6
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 23, Banner Park II Item Page Number: 12
Menifee Mayor and City Council August 21, 2024 Page 84 of 1068 Ordinance Annex 23
11 ANNEXATION NO. 2
ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
339020039 339362020 339362021 339362022 339362023 339362024 339362025 339362026 339362027 339500001 339500002 339500003 339500004 339500005 339500006 339500007 339500008 339500009 339500010 339500011 339500012 339500013 339500014 339500015 339500016 339500017 339500018 339500019 339500020 339500021 339500022 339500023 339500024 339500025 339500026 339500027 339500028 339501001 339501002 339501003 339501004 339501005 339502001 339502002 339502003 339502004 339502005 339502006 339510001 339510002 339510003 339510004 339510005 339510006 339510007 339510008 339510009 339510010 339510011 339510012 339511001 339511002 339511003 339511004 339511005 339511006 339511007 339511008 339511009 339511010 339511011 339511012 339511013 339511014 339511015 339511016 339511017 339511018 339511019 339511020 339511021 339511022 339511023 339511024 339511025 339511026 339511027 339511028 339511029 339511030 339511031 339512001 339512002 339512003 339512004 339512005 339512006 339512007 339512008 339512009 339512010 339512011 339512012 339512013 339512014 339520001 339520002 339520003 339520004 339520005 339520006 339520007 339520008 339520009 339520010 339520011 339520012 339520013 339520014 339520015 339520016 339520017 339520018 339520019 339521001 339521002 339521003 339521004 339521005 339521006 339521007 339521008 339521009 339521010 339521011 339521012 339522001 339522002 339522003 339522004 339522005 339522006 339522007 339522008 339522009 339522010 339522011 339522012 339522013 339522014 339522015 339522016 339522017 339522018 339522019 339522020 339522021 339522022 339522023 339522024 339522025 339522026 339522027 339522028 339522029
ANNEXATION NO. 4
ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
333070069 333070070 333070071 333070075 333070080 333070081 333070082 Item Title: 10.6
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 23, Banner Park II Item Page Number: 13
Menifee Mayor and City Council August 21, 2024 Page 85 of 1068 Ordinance Annex 23
12 ANNEXATION NO. 9
ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
331080005 331080006 331080007 331080008 331080009 331080010 331080011 331080012 331080018 331080019 331080020 331080021 331080024 331080025 331080027 331080028 ANNEXATION NO. 22A
ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
330220018 330220019 330230042 330230044 330230045 335070056 335070057 335070058 335430028 335530001 335530002 335530003 335530004 335530005 335530006 335530007 335530008 335530009 335530010 335531001 335531002 335531003 335531004 335531005 335531006 335531007 335532001 335532002 335532003 335532004 335532005 335532006 335532007 335532008 335532009 335532010 335532011 335532012 335532013 335532014 335532015 335532016 335532017 335532018 335532019 335532020 335532021 335532022 335533001 335533002 335533003 335533004 335533005 335533006 335533007 335533008 335533009 335533010 335533011 335533012 335534001 335534002 335534003 335534004 335534005 335534006 335534007 335534008 335534009 335534010 335534011 335534012 335534013 335534014 335534015 335535001 335535002 335540001 335540002 335540003 335540004 335540005 335540006 335540007 335541001 335541002 335541003 335541004 335541005 335541006 335541007 335541008 335541009 335541010 335541011 335541012 335541013 335541014 335541015 335541016 335541017 335541018 335541019 335542001 335542002 335542003 335542004 335542005 335542006 335542007 335542008 335542009 335542010 335542011 335542012 335542013 335542014 335542015 335542016 335542017 335542018 335542019 335542020 335542021 335542022 335542023 335542024 335542025 335542026 335542027 335542028 335542029 335542030 335543001 335543002 335543003 335543004 335543005 335543006 335543007 335543008 335543009 335543010 335543011 335543012 335543013 335543014 335544001 335544002 335544003 335544004 335544005 335544006 335544007 335544008 335544009 335544010 335544011 335544012 335544013 335544014
Item Title: 10.6
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 23, Banner Park II Item Page Number: 14
Menifee Mayor and City Council August 21, 2024 Page 86 of 1068 Ordinance Annex 23
13 ANNEXATION NO. 23
ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
340580001 340580035 340590017 340591018 340603012 340610003 340580002 340580036 340590018 340591019 340603013 340610004 340580003 340580037 340590019 340591020 340603014 340610005 340580004 340580038 340590020 340591021 340603015 340610006 340580005 340580039 340590021 340591022 340603016 340610007 340580006 340580040 340590022 340600001 340603017 340610008 340580007 340580041 340590023 340600002 340603018 340610009 340580008 340580042 340590024 340600003 340603019 340610010 340580009 340580043 340590025 340601001 340603020 340610011 340580010 340580044 340590026 340601002 340603021 340610012 340580011 340580045 340590027 340601003 340603022 340610013 340580012 340580046 340590028 340601004 340603023 340610014 340580013 340580047 340590029 340601005 340603024 340610015 340580014 340581001 340590030 340601006 340603025 340610016 340580015 340581002 340590031 340601007 340603026 340610017 340580016 340581003 340590032 340602001 340603027 340610018 340580017 340581004 340590033 340602002 340603028 340610019 340580018 340581005 340591001 340602003 340603029 340610020 340580019 340590001 340591002 340602004 340603030 340610021 340580020 340590002 340591003 340602005 340603031 340610022 340580021 340590003 340591004 340602006 340603032 340610023 340580022 340590004 340591005 340602007 340603033 340610024 340580023 340590005 340591006 340602008 340603034 340610025 340580024 340590006 340591007 340603001 340603035 340610026 340580025 340590007 340591008 340603002 340603036 340610027 340580026 340590008 340591009 340603003 340603037 340610028 340580027 340590009 340591010 340603004 340603038 340610029 340580028 340590010 340591011 340603005 340603039 340610030 340580029 340590011 340591012 340603006 340603040 340610031 340580030 340590012 340591013 340603007 340603041 340610032 340580031 340590013 340591014 340603008 340603042 340610033 340580032 340590014 340591015 340603009 340603043
340580033 340590015 340591016 340603010 340610001
340580034 340590016 340591017 340603011 340610002
Item Title: 10.6
Second Reading and Adoption of an Ordinance to Levy Special Taxes into Community Facilities District 2017-1 Maintenance Services, Annexation No. 23, Banner Park II Item Page Number: 15
Menifee Mayor and City Council August 21, 2024 Page 87 of 1068
CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-1, Banner Park II
MEETING DATE: August 21, 2024
TO: Mayor and City Council
PREPARED BY: Lauri Lockwood, Financial Analyst
REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 2024-1, Banner Park II, located southeast of Domenigoni Parkway at Lindenberger Road.
DISCUSSION
At the August 7, 2024, City Council meeting, this ordinance was introduced for first reading. This is the required second reading and adoption. The ordinance will become effective 30 days from the date of adoption.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The CFD would be required to annually levy special taxes on all taxable property within the CFD in order to pay for the costs of facilities, debt service on bonds and administration of the CFD.
Any bonds issued by the CFD are not obligations of the City and would be secured solely by the special taxes levied in the CFD. The Developer has made a deposit to pay for the costs of forming the CFD. The Funding Agreement includes a provision for reimbursement of these costs to the Developer if and when bonds are issued for the CFD.
ATTACHMENTS
1. Location Map
2. Ordinance CFD 2024-1
Item Title: 10.7
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-1, Banner Park II
Item Page Number: 1
Menifee Mayor and City Council August 21, 2024 Page 88 of 1068 Item Title: 10.7
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-1, Banner Park II Item Page Number: 2
Menifee Mayor and City Council August 21, 2024 Page 89 of 1068 4883-6250-5421v3/200299-0023
ORDINANCE NO. 2024-____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2024-1 (BANNER PARK II) OF THE CITY OF MENIFEE
AUTHORIZING THE LEVY OF SPECIAL TAXES
WHEREAS, on June 19, 2024, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 24-1447 declaring its intention to form Community Facilities District No. 2024-1 (Banner Park II) of the City of Menifee (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and its Resolution No. 24-1448 declaring its intention to incur bonded indebtedness for the District; and WHEREAS, on August 7, 2024, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the proposed levy of a special tax therein to finance certain public facilities described in Resolution No. 24-1447 and to secure the payment of any bonded indebtedness of the District, and the proposed issuance of up to $15,000,000 of bonded indebtedness as described in Resolution No. 24-1448; and WHEREAS, at the August 7, 2024, public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the proposed levy of the special tax to finance the facilities described in Resolution No. 24-1447 and to secure the payment of up to $15,000,000 of bonded indebtedness of the District as described in Resolution No. 24-1448 (the “Bonds”) were heard and a full and fair hearing was held; and
WHEREAS, on August 7, 2024, the City Council adopted Resolution Nos. 24-1470 and 24-1471 which formed the District and called a special election within the District on August 7, 2024 on three propositions relating to the levy of a special tax within the District, the issuance of the Bonds and the establishment of an appropriations limit within the District; and WHEREAS, on August 7, 2024, a special election was held within the District at which the qualified electors approved by more than a two-thirds vote Propositions A, B and C authorizing the levy of a special tax within the District for the purposes described in Resolution No. 24-1470, the issuance of the Bonds as described in Resolution No. 24-1471 and establishing an appropriations limit for the District; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California does ordain as follows:
Section 1. The above recitals are all true and correct.
Section 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Exhibit C” to Resolution No. 24-1447, which is incorporated by reference herein (the “Rate and Method”). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter until payment in full of the Bonds (including any bonds issued to refund the Bonds), payment of all costs of the public facilities authorized to be financed by the District, and payment of all costs of administering the District.
Section 3. Each of the Mayor, the City Manager, the Chief Financial Officer, or their written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal Item Title: 10.7
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-1, Banner Park II
Item Page Number: 3
Menifee Mayor and City Council August 21, 2024 Page 90 of 1068 Ordinance Levying Special Taxes for CFD No. 2024-1
2 4883-6250-5421v3/200299-0023
year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer-Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year, and with respect to the special tax, until the Bonds are paid in full, the facilities have been paid for, and provision has been made for payment of all of the administrative costs of the District.
Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section F of the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. 24-1470 or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act.
Section 5. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method and Resolution No. 24-1470.
Section 6. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.
Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of the Bonds (including any bonds issued to refund the Bonds), together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds (including any bonds issued to refund the Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax, as authorized by the Act.
Section 8. The Mayor of the City shall sign this Ordinance and the City Clerk or Deputy City Clerk (referred to herein as the “City Clerk”) shall attest to the Mayor’s signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City of Menifee.
Section 9. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act.
Item Title: 10.7
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-1, Banner Park II
Item Page Number: 4
Menifee Mayor and City Council August 21, 2024 Page 91 of 1068 Ordinance Levying Special Taxes for CFD No. 2024-1
3 4883-6250-5421v3/200299-0023
Section 10. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer-Tax Collector of the County of Riverside, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.
Section 11. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage.
Section 12. This Ordinance shall take effect thirty days after its final passage.
PASSED, APPROVED AND ADOPTED this the 21st Day of August, 2024. ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.7
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-1, Banner Park II
Item Page Number: 5
Menifee Mayor and City Council August 21, 2024 Page 92 of 1068
CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-2, Golden Meadows
MEETING DATE: August 21, 2024
TO: Mayor and City Council
PREPARED BY: Lauri Lockwood, Financial Analyst
REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 2024-2, Golden Meadows, located southeast of Evans Road and Garbani Road.
DISCUSSION
At the August 7, 2024, City Council meeting, this ordinance was introduced for first reading. This is the required second reading and adoption. The ordinance will become effective 30 days from the date of adoption.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The CFD would be required to annually levy special taxes on all taxable property within the CFD in order to pay for the costs of facilities, debt service on bonds and administration of the CFD.
Any bonds issued by the CFD are not obligations of the City and would be secured solely by the special taxes levied in the CFD. The Developer has made a deposit to pay for the costs of forming the CFD. The Funding Agreement includes a provision for reimbursement of these costs to the Developer if and when bonds are issued for the CFD.
ATTACHMENTS
1. Location Map
2. Ordinance CFD 2024-2
Item Title: 10.8
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-2, Golden Meadows
Item Page Number: 1
Menifee Mayor and City Council August 21, 2024 Page 93 of 1068 Item Title: 10.8
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-2, Golden Meadows Item Page Number: 2
Menifee Mayor and City Council August 21, 2024 Page 94 of 1068 4874-4867-2461v3/200299-0025
ORDINANCE NO. 2024-___
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2024-2, GOLDEN MEADOWS, OF THE CITY OF MENIFEE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN IMPROVEMENT AREA NOS. 1 THROUGH 4 THEREIN
WHEREAS, on June 19, 2024, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 24-1449 declaring its intention to form Community Facilities District No. 2024-2, Golden Meadows, of the City of Menifee (the “District”) and Improvement Area No. 1 (“Improvement Area No. 1”), Improvement Area No. 2 (“Improvement Area No. 2”), Improvement Area No. 3 (“Improvement Area No. 3”) and Improvement Area No. 4 (“Improvement Area No. 4” and together with Improvement Area No. 1, Improvement Area No. 2 and Improvement Area No. 3 the “Improvement Areas” and each an “Improvement Area”) therein pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and its Resolution No. 24-1450 declaring its intention to incur bonded indebtedness for each Improvement Area; and
WHEREAS, on August 7, 2024, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the designation of the Improvement Areas, the proposed levy of a special tax therein to finance certain public facilities described in Resolution No. 24-1449 and to secure the payment of any bonded indebtedness of the District for the Improvement Areas, and the proposed issuance of up to $7,000,000 of bonded indebtedness for Improvement Area No. 1, $7,000,000 of bonded indebtedness for Improvement Area No. 2, $7,000,000 of bonded indebtedness for Improvement Area No. 3 and $13,000,000 of bonded indebtedness for Improvement Area No. 4, as described in Resolution No. 24- 1450; and
WHEREAS, at the August 7, 2024, public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District, the designation of the Improvement Areas and the proposed levy of the special tax to finance the facilities described in Resolution No. 24-1449 and to secure the payment of up to $7,000,000 of bonded indebtedness for Improvement Area No. 1, $7,000,000 of bonded indebtedness for Improvement Area No. 2, $7,000,000 of bonded indebtedness for Improvement Area No. 3 and $13,000,000 of bonded indebtedness for Improvement Area No. 4 as described in Resolution No. 24-1450 (together, the “Bonds”) were heard and a full and fair hearing was held; and WHEREAS, on August 7, 2024, the City Council adopted Resolution Nos. 24-1473 and 24-1474 which formed the District, designated the Improvement Areas and called a special election within each Improvement Area on August 7, 2024, in each case on three propositions relating to the levy of a special tax within each Improvement Area, the issuance of the Bonds by the District for each Improvement Area and the establishment of an appropriations limit within the District; and WHEREAS, on August 7, 2024, a special election was held within Improvement Area No. 1 at which the qualified electors therein approved by more than a two-thirds vote Propositions A, B and C set forth in Exhibit B to Resolution No. 24-1473 authorizing the levy of a special tax within Improvement Area No. 1 for the purposes described in Resolution No. 24-1473, the issuance of the Bonds for Improvement Area No. 1 as described in Resolution No. 24-1474 and establishing an appropriations limit for the District; and
WHEREAS, on August 7, 2024, a special election was held within Improvement Area No. 2 at which the qualified electors therein approved by more than a two-thirds vote Propositions D, E and F set forth in Exhibit C to Resolution No. 24-1473 authorizing the levy of a special tax within Improvement Area No. 2 for the purposes described in Resolution No. 24-1473, the issuance of the Bonds for Improvement Item Title: 10.8
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-2, Golden Meadows
Item Page Number: 3
Menifee Mayor and City Council August 21, 2024 Page 95 of 1068 Ordinance Levying Special Taxes for CFD No. 2024-2
2 4874-4867-2461v3/200299-0025
Area No. 2 as described in Resolution No. 24-1474 and establishing an appropriations limit for the District; and
WHEREAS, on August 7, 2024, a special election was held within Improvement Area No. 3 at which the qualified electors therein approved by more than a two-thirds vote Propositions G, H and I set forth in Exhibit D to Resolution No. 24-1473 authorizing the levy of a special tax within Improvement Area No. 3 for the purposes described in Resolution No. 24-1473, the issuance of the Bonds for Improvement Area No. 3 as described in Resolution No. 24-1474 and establishing an appropriations limit for the District; and
WHEREAS, on August 7, 2024, a special election was held within Improvement Area No. 4 at which the qualified electors therein approved by more than a two-thirds vote Propositions J, K and L set forth in Exhibit E to Resolution No. 24-1473 authorizing the levy of a special tax within Improvement Area No. 4 for the purposes described in Resolution No. 24-1473 the issuance of the Bonds for Improvement Area No. 4 as described in Resolution No. 24-1474 and establishing an appropriations limit for the District; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California does ordain as follows:
Section 1. The above recitals are all true and correct.
Section 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within each Improvement Area pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Exhibit C to Resolution No. 24-1449 as to Improvement Area No. 1, the rate and method of apportionment set forth in Exhibit D to Resolution No. 24-1449 as to Improvement Area No. 2, the rate and method of apportionment set forth in Exhibit E to Resolution No. 24-1449 as to Improvement Area No. 3 and the rate and method of apportionment set forth in Exhibit F to Resolution No. 24-1449 as to Improvement Area No. 4, which are incorporated by reference herein (each a “Rate and Method”). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method for such Improvement Area and in each fiscal year thereafter until payment in full of the Bonds issued by the District for such Improvement Area (including any bonds issued to refund the Bonds), payment of all costs of the public facilities and services authorized to be financed by the District for such Improvement Area, and payment of all costs of administering the District allocable to such Improvement Area.
Section 3. Each of the Mayor, the City Manager, the Chief Financial Officer, or their written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within Improvement Area No. 1, Improvement Area No. 2, Improvement Area No. 3 and Improvement Area No. 4 in the manner and as provided in the Rate and Method applicable to each Improvement Area. The special tax rate levied on a parcel pursuant to each Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer-Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax within each Improvement Area, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District for such Improvement Area in each fiscal year, and with respect to Special Tax, until the Bonds issued by the District for such Improvement Area are paid in full, the facilities financed for such Improvement Area have been paid for, and provision has been made for payment of all of the administrative costs of the District.
Item Title: 10.8
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-2, Golden Meadows
Item Page Number: 4
Menifee Mayor and City Council August 21, 2024 Page 96 of 1068 Ordinance Levying Special Taxes for CFD No. 2024-2
3 4874-4867-2461v3/200299-0025
Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax for each Improvement Area, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section F of each Rate and Method. No other properties or entities within each of the Improvement Areas are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. 24-1473 or in a resolution of consideration to levy a new special tax or special taxes or to alter the applicable Rate and Method or an existing special tax as provided in Section 53334 of the Act.
Section 5. All of the collections of the special tax within each Improvement Area shall be used as provided for in the Act, the Rate and Method for such Improvement Area and Resolution No. 24-1473.
Section 6. The special tax within each Improvement Area shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.
Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of the Bonds issued by the District for an Improvement Area (including any bonds issued to refund such Bonds), together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on such Bonds (including any bonds issued to refund such Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax within the applicable Improvement Area, as authorized by the Act.
Section 8. The Mayor of the City shall sign this Ordinance and the City Clerk or any Acting City Clerk (referred to herein as the “City Clerk”) shall attest to the Mayor’s signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City of Menifee.
Section 9. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act.
Section 10. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer-Tax Collector of the County of Riverside, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.
Section 11. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage.
Section 12. This Ordinance shall take effect thirty days after its final passage.
Item Title: 10.8
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-2, Golden Meadows
Item Page Number: 5
Menifee Mayor and City Council August 21, 2024 Page 97 of 1068 Ordinance Levying Special Taxes for CFD No. 2024-2
4 4874-4867-2461v3/200299-0025
This ordinance was introduced for first reading on August 7, 2024 and PASSED, APPROVED AND ADOPTED this the 21st 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
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-2, Golden Meadows
Item Page Number: 6
Menifee Mayor and City Council August 21, 2024 Page 98 of 1068
CITY OF MENIFEE
SUBJECT: Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-3, River Walk Village
MEETING DATE: August 21, 2024
TO: Mayor and City Council
PREPARED BY: Lauri Lockwood, Financial Analyst
REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt an ordinance authorizing the levy of special taxes for Community Facilities District No. 2024-3 River Walk Village, located northwest of Bradley Road and Lazy Creek Road.
DISCUSSION
At the August 7, 2024, City Council meeting, this ordinance was introduced for first reading. This is the required second reading and adoption. The ordinance will become effective 30 days from the date of adoption.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The CFD would be required to annually levy special taxes on all taxable property within the CFD in order to pay for the costs of facilities, debt service on bonds and administration of the CFD.
Any bonds issued by the CFD are not obligations of the City and would be secured solely by the special taxes levied in the CFD. The Developer has made a deposit to pay for the costs of forming the CFD. The Funding Agreement includes a provision for reimbursement of these costs to the Developer if and when bonds are issued for the CFD.
Item Title: 10.9
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-3, River Walk Village
Item Page Number: 1
Menifee Mayor and City Council August 21, 2024 Page 99 of 1068 City of Menifee Staff Report
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-3, River Walk Village
August 21, 2024
ATTACHMENTS
1. Location Map
2. Ordinance CFD 2024-3
Item Title: 10.9
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-3, River Walk Village
Item Page Number: 2
Menifee Mayor and City Council August 21, 2024 Page 100 of 1068 Item Title: 10.9
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-3, River Walk Village Item Page Number: 3
Menifee Mayor and City Council August 21, 2024 Page 101 of 1068 4861-4568-5197v3/200299-0024
ORDINANCE NO. 2024-___
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2024-3 (RIVER WALK VILLAGE) OF THE CITY OF
MENIFEE AUTHORIZING THE LEVY OF SPECIAL TAXES
WHEREAS, on June 19, 2024, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 24-1451 declaring its intention to form Community Facilities District No. 2024-3 (River Walk Village) of the City of Menifee (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and its Resolution No. 24-1452 declaring its intention to incur bonded indebtedness for the District; and WHEREAS, on August 7, 2024, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the proposed levy of a special tax therein to finance certain public facilities described in Resolution No. 24-1451 and to secure the payment of any bonded indebtedness of the District, and the proposed issuance of up to $7,000,000 of bonded indebtedness as described in Resolution No. 24-1452; and WHEREAS, at the August 7, 2024, public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the proposed levy of the special tax to finance the facilities described in Resolution No. 24-1451 and to secure the payment of up to $7,000,000 of bonded indebtedness of the District as described in Resolution No. 24-1452 (the “Bonds”) were heard and a full and fair hearing was held; and
WHEREAS, on August 7, 2024, the City Council adopted Resolution Nos. 24-1476 and 24-1477 which formed the District and called a special election within the District on August 7, 2024, on three propositions relating to the levy of a special tax within the District, the issuance of the Bonds and the establishment of an appropriations limit within the District; and WHEREAS, on August 7, 2024, a special election was held within the District at which the qualified electors approved by more than a two-thirds vote Propositions A, B and C authorizing the levy of a special tax within the District for the purposes described in Resolution No. 24-1476, the issuance of the Bonds as described in Resolution No. 24-1477 and establishing an appropriations limit for the District.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California does ordain as follows:
Section 1. The above recitals are all true and correct.
Section 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Exhibit C to Resolution No. 24-1451, which is incorporated by reference herein (the “Rate and Method”). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter until payment in full of the Bonds (including any bonds issued to refund the Bonds), payment of all costs of the public facilities authorized to be financed by the District, and payment of all costs of administering the District.
Section 3. Each of the Mayor, the City Manager, the Chief Financial Officer, or their written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal Item Title: 10.9
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-3, River Walk Village
Item Page Number: 4
Menifee Mayor and City Council August 21, 2024 Page 102 of 1068 Ordinance Levying Special Taxes for CFD No. 2024-3
2 4861-4568-5197v3/200299-0024
year on each parcel of real property within the District, in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer-Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year, and with respect to the special tax, until the Bonds are paid in full, the facilities have been paid for, and provision has been made for payment of all of the administrative costs of the District.
Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section F of the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. 24-1476 or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act.
Section 5. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method and Resolution No. 24-1476.
Section 6. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.
Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of the Bonds (including any bonds issued to refund the Bonds), together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds (including any bonds issued to refund the Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax, as authorized by the Act.
Section 8. The Mayor of the City shall sign this Ordinance and the City Clerk or Deputy City Clerk (referred to herein as the “City Clerk”) shall attest to the Mayor’s signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City of Menifee.
Section 9. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act.
Section 10. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer-Tax Collector of the County of Riverside, and to perform all other acts which Item Title: 10.9
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-3, River Walk Village
Item Page Number: 5
Menifee Mayor and City Council August 21, 2024 Page 103 of 1068 Ordinance Levying Special Taxes for CFD No. 2024-3
3 4861-4568-5197v3/200299-0024
are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.
Section 11. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage.
Section 12. This Ordinance shall take effect thirty days after its final passage.
This ordinance was introduced for first reading on August 7, 2024 and PASSED, APPROVED AND ADOPTED this the 21st Day of August, 2024. ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.9
Second Reading and Adoption of an Ordinance to Levy Special Taxes, Community Facilities District No. 2024-3, River Walk Village
Item Page Number: 6
Menifee Mayor and City Council August 21, 2024 Page 104 of 1068
CITY OF MENIFEE
SUBJECT: Agreement with Spicer Consulting Group for Special District Annexation Fiscal Impact Analysis
MEETING DATE: August 21, 2024
TO: Mayor and City Council
PREPARED BY: Rebekah Kramer, Assistant to the City Manager REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a Professional Services Agreement with Spicer Consulting Group, LLC (SCG) for a special district annexation fiscal impact analysis to evaluate the feasibility of the City providing maintenance and recreation services in the ValleyWide Recreation and Park District Landscape Maintenance Districts located within the Menifee city limits at a cost not-to-exceed $77,500 through June 30, 2026.
DISCUSSION
Background
Valley-Wide Recreation and Park District (“Valley-Wide”) is a regional park system that owns and/or maintains streetscapes, retention basins, recreational facilities, and over 80 parks in the eastern portion of Menifee, Hemet, San Jacinto, Beaumont, and unincorporated areas of Riverside County including Winchester and French Valley. Both the City and Valley-Wide are public agencies who receive special tax district revenues from residents’ property tax assessments to maintain and operate their facilities. There are three Landscape Maintenance Districts (LMDs) located in the City of Menifee on the east side of Interstate 215 that fall within the Valley-Wide service area including 24 parks. All three of these LMDs were established prior to the City’s incorporation in 2008.
The three Valley-Wide LMDs located within Menifee’s city limits include Menifee North, Menifee Parks, and Menifee South, as shown in the attached Valley-Wide LMD Map. The Menifee Parks LMD is contained entirely within the city limits and includes Wheatfield Park and Community Center, Menifee Gymnasium (shared with Bell Mountain Middle School under a joint use agreement between Menifee Union School District and Valley-Wide), and Lago Vista Sports Park.
The Menifee North LMD contains two County of Riverside owned facilities that are operated and maintained by Valley-Wide including the Marion A. Ashely Community Center and Eller Park.
Approximately twenty percent of the Menifee North and six percent of the Menifee South LMD boundaries are located outside of the city limits.
Item Title: 10.10
Agreement with Spicer Consulting Group for Special District Annexation Fiscal Impact Analysis Item Page Number: 1
Menifee Mayor and City Council August 21, 2024 Page 105 of 1068 City of Menifee Staff Report
Special District Annexation – Professional Services Agreement August 21, 2024
Unification of Menifee parks and recreation services has been identified as a priority in both the City’s Strategic Plan and the Park Master Plan. After review and consideration on April 17, 2024, the City Council provided direction to move forward with completion of a fiscal impact analysis to evaluate the feasibility of annexing a portion or all the Valley-Wide LMDs into the City.
RFP Process
On April 18, 2024, the City issued RFP No. 2024-14 for a fiscal impact analysis for special district annexation / landscape maintenance district assessment engineering services. With only one proposal received by the May 6 closing date, the RFP was reissued on May 13, 2024. Two proposals were received by the May 31, 2024, submittal deadline. 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, project approach, delivery schedule, proposal quality, and cost. The average scores for the proposal evaluation are shown in Table 1.
TABLE 1 – PROPOSAL EVALUATION SUMMARY
FIRM Average Score
(100 Points)
Spicer Consulting Group (SCG) 89.60
David Taussig & Associates (DTA) 82.00
Following a review of the proposals received both firms were invited to participate in an interview.
The average scores of the evaluation completed by the interview panel and pricing are summarized in Table 2.
TABLE 2 – INTERVIEW SUMMARY
FIRM
Average
Score
(100 Points)
Preliminary
Engineer’s
Report Cost
Add Alternative Cost
Spicer Consulting Group (SCG) 90.00 $47,500 $30,000
David Taussig & Associates (DTA) 60.25 $68,170 Based upon hourly rate Considering both the proposal evaluation and interviews, City staff determined that SCG was best qualified to complete the fiscal impact analysis. Under the terms of the proposed agreement, SCG would begin by working with staff to prepare the fiscal impact analysis. Should the City Council decide to move forward with detaching the Menifee parks and streetscapes contained within the Valley-Wide LMDs and annex them into the City of Menifee following review and consideration of this analysis, SCG would work with staff to prepare and file the required application with the Riverside Local Agency Formation Commission (LAFCO).
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
Item Title: 10.10
Agreement with Spicer Consulting Group for Special District Annexation Fiscal Impact Analysis Item Page Number: 2
Menifee Mayor and City Council August 21, 2024 Page 106 of 1068 City of Menifee Staff Report
Special District Annexation – Professional Services Agreement August 21, 2024
FISCAL IMPACT
The fiscal impact of the proposed agreement with SCG is not-to-exceed $77,500 including both the preliminary fiscal impact analysis and the support services associated with filing a detachment/annexation application with LAFCO should the City Council decide to move forward with annexation of the of the Valley-Wide LMDs. The funding required to support this project is available in the General Fund adopted budget with $60,000 carried over from the Fiscal Year (FY) 2023/2024 operating budget and $17,500 available in the adopted FY 2024/2025 operating budget for one-time consulting services. No additional budget appropriation is required.
TABLE 3 – FUNDING ACCOUNTS
Account Description Account No. Total
One-Time Consulting Services 1100-CEO-CEOA-652855 $77,500
ATTACHMENTS
1. Agreement – Spicer Consulting Group, LLC
2. Valley-Wide LMD Map
3. Menifee Parks Map
Item Title: 10.10
Agreement with Spicer Consulting Group for Special District Annexation Fiscal Impact Analysis Item Page Number: 3
Menifee Mayor and City Council August 21, 2024 Page 107 of 1068 2905/031858-0001
18155996.1 a06/12/24
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
FISCAL IMPACT ANALYSIS FOR SPECIAL DISTRICT ANNEXATION/LANDSCAPE
MAINTENANCE DISTRICT ASSESSMENT ENGINEERING SERVICES
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 SPICER CONSULTING GROUP, a California Limited Liability Company (LLC) (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on August 21, 2024 and shall end on June 30, 2026 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.
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 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 Seventy Seven Thousand Five Hundred Dollars and Zero Cents ($77,500.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.
The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; Item Title: 10.10
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f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
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2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility 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 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 selfItem Title: 10.10 Agreement with Spicer Consulting Group for Special District Annexation Fiscal Impact Analysis Item Page Number: 7
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insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
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(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.
4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: FISCAL
IMPACT ANALYSIS FOR SPECIAL DISTRICT ANNEXATION/LANDSCAPE MAINTENANCE DISTRICT ASSESSMENT ENGINEERING SERVICES. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is:
City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Item Title: 10.10
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Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or 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.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Item Title: 10.10
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c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of Item Title: 10.10
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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 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or 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, Item Title: 10.10
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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. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor.
Item Title: 10.10
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c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
Item Title: 10.10
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7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
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8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
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9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing Item Title: 10.10
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and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Shane Spicer (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Rebekah Kramer, Assistant to the City Manager (“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:
SPICER CONSULTING GROUP
Attn: Shane Spicer
41880 Kalmia Street, Suite 145
MURRIETA, CA 92562
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Rebekah Kramer, Assistant to the City Manager
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
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__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Item Title: 10.10
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Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando Villa, City Manager
Attest:
Stephanie Roseen, Acting City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Shane Spicer, Managing Director
[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 FISCAL IMPACT ANALYSIS FOR SPECIAL DISTRICT
ANNEXATION/LANDSCAPE MAINTENANCE DISTRICT ASSESSMENT
ENGINEERING SERVICES in the amount not to exceed Seventy Seven Thousand Five Hundred Dollars and Zero Cents ($77,500.00) as further detailed in the following page(s).
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CITY OF MENIFEE
SUBJECT: Agreement Amendment with Parsons Transportation Group, Inc. for Traffic Engineering Review
MEETING DATE: August 21, 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
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 1 to the Master Agreement with Parsons Transportation Group, Inc., for Traffic Engineering Services, increasing the compensation by $150,000, for a three-year total agreement amount not-toexceed $300,000.
DISCUSSION
The Public Works Engineering Division (Engineering) is responsible for the review and delivery of various development projects in a timely and cost-effective manner. In order to do this, Engineering often utilizes professional service agreements to support staff in processing more technical and specialized elements of project delivery. These on-call services include, but are not limited to, on-call services associated with mapping, hydrological, traffic, survey, and landscape plan reviews.
On June 21, 2023, the City Council approved various Master Agreements for professional on-call services with firms previously established on an approved On-Call Shortlist for Engineering.
Parsons Transportation Group, Inc. (Parsons) is one of the Shortlist firms initially designated to provide on-call traffic engineering review for Engineering.
A Master Agreement for On-Call Traffic Engineering Services (“Agreement”) was initially established with Parsons for a three-year contract term from July 1, 2023, through June 30, 2026, and for a total agreement not-to-exceed amount of $150,000. Due to the continued, and increasing, volume of development activities requiring traffic related plans, traffic impact studies, and traffic signal timing reviews, and given the limited responsiveness of other firms, staff has relied heavily on Parsons for the performance of technical traffic engineering support over the last fiscal year. The need for continued support is compounded by the challenges the City has faced Item Title: 10.11
Agreement Amendment with Parsons Transportation Group, Inc. for Traffic Engineering Review Item Page Number: 1
Menifee Mayor and City Council August 21, 2024 Page 152 of 1068 City of Menifee Staff Report
Parsons MA Amendment No. 1
August 21, 2024
in its efforts to successfully fill the vacant Principal Engineer position in the City’s Traffic Engineering Division.
Traffic engineering services are a critical element of maintaining public safety on roadways while playing a key role in adequately addressing future transportation needs of the City well ahead of planned growth. While there are multiple firms approved as Shortlist service providers, Parsons has consistently been very responsive for traffic engineering support needs. The proposed Amendment No. 1 (Amendment) would increase Parsons Agreement by $150,000, to a total notto-exceed limit of $300,000 through June 2026. If approved, the Amendment would provide staff the opportunity to maintain continuity on development projects that are already being supported by Parsons’ services and would ensure capacity for assigning additional technical traffic related reviews to the firm in the future. All other terms of the Agreement would remain unchanged, as outlined in Table 1 below.
Table 1 – PARSONS MASTER AGREEMENT HISTORY
Date approved Amount Contract Term
Original PSA 6/21/2023 $150,000 6/30/2026
Amendment No. 1 PENDING $150,000 6/30/2026
Total $300,000
Pursuant to Menifee Municipal Code §3.12.090, any change orders in the amount greater than 10% of the contract amount or that exceeds $25,000 in value, and any time extension of a performance deadline that exceeds 60-days, shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The fiscal impact of the proposed agreement with Parsons is (not-to-exceed) $300,000. Funding for the proposed agreement with Parsons is available within the Fiscal Year 2024/2025 budget, under professional services for Public Works Traffic Engineering within the General Fund (1100- PWD-TREN-652825).
It is important to note that traffic engineering review services are fully recoverable as they would be offset by developer fees and deposits collected for the services. Purchase orders for these services would only be issued after confirmation of budget availability and only for amounts within the approved not-to-exceed agreement compensation amounts. No additional budget appropriation actions would be required for approval of the proposed six amendments.
ATTACHMENTS
1. Amendment No. 1
2. Agreement
Item Title: 10.11
Agreement Amendment with Parsons Transportation Group, Inc. for Traffic Engineering Review Item Page Number: 2
Menifee Mayor and City Council August 21, 2024 Page 153 of 1068 AMENDMENT NO. 1 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES
ENGINEERING DEPARTMENT
(TRAFFIC ENGINEERING REVIEW)
AMENDMENT NO. 1 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES
ENGINEERING DEPARTMENT
(TRAFFIC ENGINEERING REVIEW)
This is Amendment No. 1 (“Amendment No 1”) to that certain Professional Services Agreement (“Agreement”) made on June 21, 2023 between the City of Menifee (“City”) and PARSONS TRANSPORTATION GROUP for ENGINEERING DEPARTMENT (TRAFFIC ENGINEERING REVIEW) is made and entered into on ______________, 2024 to increase the compensation amount as indicated below.
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2. SUBSECTION 3.1, “Not to Exceed Compensation” is amended to read as follows, increasing the contract amount by: $150,000.00 (ONE HUNDRED FIFTY THOUSAND
DOLLARS AND ZERO CENTS)
3.1 Not to Exceed Compensation. Consultant shall be compensated for the Services and any approved reimbursable expenses as set forth in the relevant Purchase Order, and in no event shall City’s compensation to Consultant for a Purchase Order exceed the amount set forth therein. Compensation pursuant to this Agreement shall be at the rates set forth in the City’s Rate Schedule, attached hereto and incorporated herein by this reference as Exhibit “B” (“Rate Schedule”). The compensation set forth in the Purchase Order represents total compensation payable to Consultant without limitation to compensation for salary, overhead, benefits, fees, or other costs incurred by Consultant in performance of the Purchase Order. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00).
3. All other terms and conditions of the Agreement remain in full force and effect.
4. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
Item Title: 10.11
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Menifee Mayor and City Council August 21, 2024 Page 154 of 1068 AMENDMENT NO. 1 TO
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES
ENGINEERING DEPARTMENT
(TRAFFIC ENGINEERING REVIEW)
CITY OF MENIFEE
________________________
Armando G. Villa, City Manager
PARSONS TRANSPORTATION GROUP
________________________
Chris Johnson, Vice President
ATTEST:
________________________
Stephanie Roseen, Acting City Clerk
________________________
Paul Walker, Vice President
APPROVED AS TO FORM:
________________________
Jeffery T. Melching, City Attorney
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CITY OF MENIFEE
SUBJECT: Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services
MEETING DATE: August 21, 2024
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst
REVIEWED BY: Jonathan Nicks, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 5 to the Professional Services Agreement with West Coast Arborist for citywide tree trimming and maintenance services in the amount of $371,969 for a revised total not-to-exceed aggregate sum of $1,007,610.20; and
2. Authorize the City Manager to execute agreement amendments for the remainder of the contract at the City’s discretion, and contingent on availability of the corresponding budget.
DISCUSSION
The City of Menifee’s Community Service Department, Parks Division, oversees the ongoing trimming and maintenance of approximately 9,000 trees of varied species. The trees are located at different locations throughout the City including parks, right of ways, and city facilities. On January 18, 2023, City Council awarded a contract to West Coast Arborist (WCA) for citywide tree trimming and maintenance services. The services included at minimum, all labor, equipment, materials, tools, and services necessary for tree pruning, tree removal, stump grinding, and emergency services.
The Community Services Department has worked diligently with WCA to establish a cyclical tree maintenance schedule that would help ensure the healthy and safe growth of city-maintained trees. The annual cost of tree trimming services increases as trees grow and additional maintenance districts are added to the citywide tree maintenance program. The proposed amendment to the contract with WCA provides for a regular maintenance schedule according to tree size and species. Under the established maintenance schedule, most city-maintained trees will be trimmed on a three-year cycle with larger trees and some species such as palm trees receiving more frequent trimming.
Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 1
Menifee Mayor and City Council August 21, 2024 Page 176 of 1068 City of Menifee Staff Report
West Coast Arborist Amendment
August 21, 2024
With the intent of enacting the updated tree maintenance schedule, Community Services requested the appropriation of $371,969 in General and Special District funds as part of the FY2024/2025 mid-cycle adjusted budget approved by the City Council on June 5, 2024. Although the funds were appropriated, the proposed increase of $371,969 exceeds the 10% change order signing authority of the City Manager and requires City Council approval. All other terms of the agreement and the approved budget will remain the same.
Table 1 below details the breakdown of all previously approved contract amendments.
TABLE 1 – AMENDMENT BREAKDOWN
Amendment No. Amount Date Approved Services
Original Agreement $176,402.00 January 18, 2023 Citywide tree trimming services for City parks, right-of-way (ROW) and
facilities including: tree pruning,
removal, stump grinding, and
emergency services
Amendment No. 1 $265,197.00 July 20, 2023 Extension of term for FY 2023/24 and increased scope of work for additional
ROW
Amendment No. 2 $17,640.20 March 22, 2024 Increased scope of work for additional ROW
Amendment No. 3 $0.00 May 20, 2024 Service adjustments within existing budget. No change to total agreement
amount.
Amendment No. 4 $176,402.00 Jun 17, 2024 Extension of term for FY 2024/25 and increased scope of work for updated
maintenance schedule
Current Agreement
Total $635,641.20
Amendment No. 5 $371,969.00 Pending
Approval
Increase the scope of work for
additional ROW and updated tree
maintenance schedule
New Agreement
Total $1,007,610.20
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The fiscal impact of the proposed amendment is $371,969, increasing the aggregate sum of the agreement from $635,641.20 to $1,007,610.20. Funding in the proposed amendment with West Coast Arborist is available within the FY 2024/25 budget under the General Fund and various LLMD and CFD Funds as listed below.
Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 2
Menifee Mayor and City Council August 21, 2024 Page 177 of 1068 City of Menifee Staff Report
West Coast Arborist Amendment
August 21, 2024
TABLE 2 – FY 2024/2025 FUNDING AVAILABILITY
Fund / Department Account Number
Available
Balance
Amount
Requested
General / Parks 1100-CSD-PARK-711-652607 $160,156 $20,000 LLMD 370, Zone 3 2370-CSD-CADM-714-652607 $44,653 $44,653 LLMD 372, Zone 27 2372-CSD-CADM-714-652607 $5,441 $4,534 LLMD 373, Zone 37 2373-CSD-CADM-714-652607 $8,590 $3,813 LLMD 374, Zone 38 2374-CSD-CADM-714-652607 $37,539 $26,000 LLMD 382, Zone 77 2382-CSD-CADM-714-652607 $24,537 $19,002 LLMD 391, Zone 133 2391-CSD-CADM-714-652607 $78,878 $60,000 LLMD 393, Zone 167 2393-CSD-CADM-714-652607 $1,846 $500 CFD 490, ROW 2490-CSD-CADM-715-652607 $333,546 $60,000
CFD 490, Park 2490-CSD-CADM-715-652608 $299,203 $78,598 CFD 492, Town Center 2492-CSD-CADM-715-652607 $11,827 $7,527 CFD 493, Commerce Point 2493-CSD-CADM-715-652607 $5,703 $1,000 CFD 633, Zone 4 America's Tires 2633-CSD-CADM-715-652607 $286 $200 CFD 637, Zone 8 Menifee Estates 2637-CSD-CADM-715-652607 $2,315 $1,315 CFD 638, Zone 9 Rite-Aid 2638-CSD-CADM-715-652607 $4,032 $2,500 CFD 648, Zone 19 Ridgemoor 2648-CSD-CADM-715-652607 $9,611 $9,000 CFD 659, Zone 29 Quartz Ranch 2659-CSD-CADM-715-652607 $80,260 $27,327 CFD 659, Zone 29 Quartz Ranch 2659-CSD-CADM-715-652608 $7,840 $1,500 CFD 663, Zone 33 RV Super
Center 2663-CSD-CADM-715-652607 $2,200 $500
CFD 665, Zone 35 McCall 2665-CSD-CADM-715-652607 $4,100 $500 CFD 674, Remington Park 2674-CSD-CADM-715-652607 $45,000 $2,000 CFD 675, Zone 5 Del Oro 2675-CSD-CADM-715-652607 $10,200 $500 CFD 679, Zone 9 Sagewood 2679-CSD-CADM-715-652607 $21,000 $1,000 TOTALS $1,198,763 $371,969
ATTACHMENTS
1. Amendment No. 5
2. Original Agreement
3. Amendment No. 1
4. Amendment No. 2
5. Amendment No. 3
6. Amendment No. 4
Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 3
Menifee Mayor and City Council August 21, 2024 Page 178 of 1068 AMENDMENT NO. 5 TO
CONTRACT SERVICES AGREEMENT
CITY OF MENIFEE
CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
AMENDMENT NO. 5 TO
CONTRACT SERVICES AGREEMENT FOR
CITY OF MENIFEE
CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
This is Amendment No. 5 (“Amendment No. 5”) to that certain Contract Services Agreement (“Agreement”) made on January 18, 2023 between the City of Menifee (“City”) and WEST COAST ARBORISTS, INC, a California Corporation (“Contractor”) for CITY OF MENIFEE CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES as amended by that certain Amendment No. 1 to the Agreement entered into on July 20, 2023 (“Amendment No. 1”), as amended by that certain Amendment No. 2 to the Agreement entered into on March 22, 2024 (“Amendment No. 2”), and as amended by that certain Amendment No. 3 to the Agreement entered into on May 20, 2024 (“Amendment No. 3”), as amended by that certain Amendment No. 4 to the Agreement entered into on June 17, 2024 (“Amendment No. 4”), which this Amendment No. 5 is made and entered into on ______________, 2024 to increase the scope of work and increase the compensation amount as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 5 shall have the meanings ascribed to them in the Agreement.
2. SECTION 2.1, “Contract Sum” is amended to read as follows, increasing the contract amount by: THREE HUNDRED SEVENTY ONE THOUSAND NINE HUNDRED SIXTY NINE DOLLARS AND ZERO CENTS ($371,969.00).
SECTION 2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the Scope of Services and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed ONE
MILLION SEVEN THOUSAND SIX HUNDRED TEN DOLLARS AND TWENTY CENTS ($1,007,610.20) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
3. Exhibit B, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit B to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit B to the Agreement. The initial paragraph of the original Exhibit B, “Scope of Services”, to the Agreement is amended to read as follows:
Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 4
Menifee Mayor and City Council August 21, 2024 Page 179 of 1068 AMENDMENT NO. 5 TO
CONTRACT SERVICES AGREEMENT
CITY OF MENIFEE
CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
EXHIBIT B
SCOPE OF SERVICES
CITY OF MENIFEE
CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
Contractor shall provide City-Wide Tree Trimming and Maintenance Services in the amount not to exceed ONE MILLION SEVEN THOUSAND SIX HUNDRED TEN DOLLARS AND TWENTY CENTS ($1,007,610.20) as further detailed in the following page(s).
4. All other terms and conditions of the Agreement remain in full force and effect.
5. This Amendment No. 5 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 5
Menifee Mayor and City Council August 21, 2024 Page 180 of 1068 AMENDMENT NO. 5 TO
CONTRACT SERVICES AGREEMENT
CITY OF MENIFEE
CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
CITY OF MENIFEE WEST COAST ARBORISTS INC
_______________________________ _______________________________ Armando G. Villa, City Manager Patrick Mahoney, President Attest: ________________________________
Richard Mahoney, Assistant Secretary
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 6
Menifee Mayor and City Council August 21, 2024 Page 181 of 1068 AMENDMENT NO. 5 TO
CONTRACT SERVICES AGREEMENT
CITY OF MENIFEE
CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
EXHIBIT A
Supplement to Scope of Services
CITYWIDE TREE TRIMMIING AND MAINTENANCE SERVICES
LOCATION FY24/25 TOTAL ANNUAL AMOUNT ($)
LLMD 370, Zone 3 $44,653
LLMD 372, Zone 27 $4,534
LLMD 373, Zone 37 $3,813
LLMD 374, Zone 38 (Rouse) $26,000
LLMD 382, Zone 77 (Amendment No.5) $19,002
LLMD 391, Zone 133 $60,000
LLMD 393, Zone 167 $500
CFD 490 $60,000
CFD 490 $78,598
CFD 492, Town Center $7,527
CFD 493, Commerce Point (Amendment
No.5) $1,000
CFD 633, Zone 4 America's Tires
(Amendment No.5) $200
CFD 637, Zone 8 Menifee Estates
(Amendment No.5) $1,315
CFD 638, Zone 9 Rite-Aid $2,500
CFD 648, Zone 19 Ridgemore
(Amendment No.5) $9,000
CFD 659, Zone 29 Quartz Ranch
(Amendment No.5) $27,327
CFD 659, Zone 29 Quartz Ranch
(Amendment No.5) $1,500
CFD 663, Zone 33 RV Super Center
(Amendment No.5) $500
CFD 665, Zone 35 McCall (Amendment
No.5) $500
CFD 674, Remington Park $2,000
CFD 675, Zone 5 Del Oro (Amendment
No.5) $500
CFD 679, Zone 9 Sagewood (Amendment
No.5) $1,000
TOTAL: $351,969
EMERGENCY SERVICES (Amendment No.5) $20,000
GRAND TOTAL: $371,969
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Menifee Mayor and City Council August 21, 2024 Page 226 of 1068 AMENDMENT NO. 1 TO
CONTRACT AGREEMENT
CITY-WIDE TREE TRIMMING AND MAINTENANCE SERVICES
AMENDMENT NO. 1 TO
CONTRACT SERVICES AGREEMENT
CITY-WIDE TREE TRIMMING AND MAINTENANCE SERVICES
This is Amendment No. 1 (“Amendment No. 1”) to that certain Contract Services Agreement (“Agreement”) made on January 18, 2023 between the City of Menifee (“City”) and WEST COAST ARBORISTS INC (“Contractor”) for CITY-WIDE TREE TRIMMING AND MAINTENANCE SERVICES which this Amendment No. 1 is made and entered into on ______________, 2023 to extend the term of service, increase the scope of work, and increase the compensation amount as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2. Section 3.5, “Term” is amended to read as follows:
3.5 Term. The term of this Agreement shall begin on the January 18, 2023. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall end on June 30, 2024, whichever is later.
3. SECTION 2.1, “Contract Sum” is amended to read as follows, increasing the contract amount by: TWO HUNDRED SIXTY FIVE THOUSAND ONE HUNDRED NINETY SEVEN DOLLARS AND ZERO CENTS ($265,197.00)
SECTION 2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the Scope of Services and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Forty One Thousand Five Hundred Ninety Nine Dollars and Zero Cents ($441,599.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
4. Exhibit B, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit B to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit B to the Agreement. The initial paragraph of the original Exhibit B, “Scope of Services”, to the Agreement is amended to read as follows:
EXHIBIT B
SCOPE OF SERVICES
CITY OF MENIFEE
CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
Contractor shall provide City-Wide Tree Trimming and Maintenance Services in the amount not to exceed FOUR HUNDRED FORTY ONE THOUSAND FIVE HUNDRED NINETY NINE DOLLARS AND ZERO CENTS ($441,599.00) as further detailed in the following page(s).
DocuSign Envelope ID: B3DB102E-9CD1-453D-A323-C44E8B4D7F58 DocuSign Envelope ID: F875D7E1-E719-47AD-A357-74789BE89E85 July 20
Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 52
Menifee Mayor and City Council August 21, 2024 Page 227 of 1068 AMENDMENT NO. 1 TO
CONTRACT AGREEMENT
CITY-WIDE TREE TRIMMING AND MAINTENANCE SERVICES
5. All other terms and conditions of the Agreement remain in full force and effect.
6. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
CITY OF MENIFEE WEST COAST ARBORISTS INC
_______________________________ _______________________________ Armando G. Villa, City Manager Patrick Mahoney, President Attest: ________________________________
Richard Mahoney, Assistant Secretary
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: B3DB102E-9CD1-453D-A323-C44E8B4D7F58 DocuSign Envelope ID: F875D7E1-E719-47AD-A357-74789BE89E85 Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 53
Menifee Mayor and City Council August 21, 2024 Page 228 of 1068
EXHIBIT A
EXHIBIT A
Supplement to Scope of Services
CITY-WIDE TREE TRIMMING AND MAINTENANCE SERVICES
LOCATION FY23/24 TOTAL ANNUAL AMOUNT ($)
Parks General - ROW Maintenance $100,000
Parks General - GIS Mapping $1,000
89-1C, Zone 27 $2,249
89-1C, Zone 37 $8,000
89-1C, Zone 38 $4,500
89-1C, Zone 47 $1,500
89-1C, Zone 69 $3,500
89-1C, Zone 133 $6,899
89-1C, Zone 167 $1,000
CSA 145 - Parks $25,000
CSA 145 - ROW $8,000
AMR CFD 2012-1 - ROW $30,000
AMR CFD 2012-1 - Park $2,500
CFD 2012-2 Hidden Hills Park and Paseo -
Parks
$8,000
CFD 2012-2 Hidden Hills Park and Paseo -
ROW
$4,500
CFD 2015-2, Cental and Mayfield $6,000
CFD 2015-2, Centennial Park $6,299
CFD 2015-2, Talavera Park $1,000
CFD 2015-2, Underwood Park $1,500
CFD 2017-1, Remington Park $8,000
CFD 2017-1, Banner Park, Zone 8 $1,500
CFD 2014-1, Town Center $2,000
CFD 2017-1, Zone 1 Town Center $25,000
CFD 2015-2, Zone #9 - Rite-Aid $2,000
CFD 2015-2, Zone #14 - McDonald's $100
CFD 2015-2, Zone #15 - Crestview $250
CFD 2015-2, Zone #17 - Ferguson $250
CFD 2015-2, Zone #19 - Ridgemore $750
CFD 2015-2, Zone #21 - Sponseller $400
CFD 2015-2, Zone #23 - Tommy's Carwash $500
CFD 2015-2, Zone #28 - Boulder $3,000
$265,197
DocuSign Envelope ID: B3DB102E-9CD1-453D-A323-C44E8B4D7F58 DocuSign Envelope ID: F875D7E1-E719-47AD-A357-74789BE89E85 Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 54
Menifee Mayor and City Council August 21, 2024 Page 229 of 1068 AMENDMENT NO. 2 TO
CONTRACT SERVICES AGREEMENT
CITY-WIDE TREE TRIMMING AND MAINTENANCE SERVICES
AMENDMENT NO. 2 TO
CONTRACT SERVICES AGREEMENT
CITY-WIDE TREE TRIMMING AND MAINTENANCE SERVICES
This is Amendment No. 2 (“Amendment No. 2”) to that certain Contract Services Agreement (“Agreement”) made on January 18, 2023 between the City of Menifee (“City”) and WEST COAST ARBORISTS, INC (“Contractor”) for CITY-WIDE TREE TRIMMING AND MAINTENANCE SERVICES as amended by that certain Amendment No.1 to the Agreement entered into on July 20, 2023 (“Amendment No. 1”), which this Amendment No. 2 is made and entered into on ______________, 2024 to increase the compensation amount as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 2 shall have the meanings ascribed to them in the Agreement.
2. SECTION 2.1, “Contract Sum” is amended to read as follows, increasing the contract amount by: Seventeen Thousand Six Hundred Forty Dollars and Twenty Cents ($17,640.20).
SECTION 2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the Scope of Services and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Fity Nine Thousand Two Hundred Thirty Nine Dollars and Twenty Cents ($459,239.20) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
3. The initial paragraph of the original Exhibit B, “Scope of Services”, to the Agreement is amended to read as follows:
EXHIBIT B
SCOPE OF SERVICES
CITY OF MENIFEE
CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
Contractor shall provide City-Wide Tree Trimming and Maintenance Services in the amount not to exceed Four Hundred Fity Nine Thousand Two Hundred Thirty Nine Dollars and Twenty Cents ($459,239.20) as further detailed in the following page(s).
4. All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: FE64C25B-79BD-4D0D-94FC-89452B70E5A2 March 22
Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 55
Menifee Mayor and City Council August 21, 2024 Page 230 of 1068 AMENDMENT NO. 2 TO
CONTRACT SERVICES AGREEMENT
CITY-WIDE TREE TRIMMING AND MAINTENANCE SERVICES
5. This Amendment No. 2 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
CITY OF MENIFEE WEST COAST ARBORISTS INC
_______________________________ _______________________________ Armando G. Villa, City Manager Patrick Mahoney, President Attest: ________________________________
Richard Mahoney, Assistant Secretary
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: FE64C25B-79BD-4D0D-94FC-89452B70E5A2 Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 56
Menifee Mayor and City Council August 21, 2024 Page 231 of 1068 AMENDMENT NO. 3 TO
CONTRACT SERVICES AGREEMENT
CITY OF MENIFEE
CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
AMENDMENT NO. 3 TO
CONTRACT SERVICES AGREEMENT FOR
CITY OF MENIFEE
CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
This is Amendment No. 3 (“Amendment No. 3”) to that certain Contract Services Agreement (“Agreement”) made on January 18, 2023 between the City of Menifee (“City”) and WEST COAST ARBORISTS, INC, a California Corporation (“Contractor”) for CITY OF MENIFEE CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES as amended by that certain Amendment No.1 to the Agreement entered into on July 20, 2023 (“Amendment No. 1”), as amended by that certain Amendment No.2 to the Agreement entered into on March 22, 2024 (“Amendment No. 2”), which this Amendment No. 3 is made and entered into on ______________, 2024 to revise the City-Wide Tree Trimming and Maintenance Services table in Exhibit B to the Agreement, without any change to the aggregate compensation under the Agreement.
1. Capitalized terms used but not defined in this Amendment No. 3 shall have the meanings ascribed to them in the Agreement.
2. Exhibit B to the Agreement is hereby revised to replace the table in the exhibit labelled “CITY-WIIDE TREE TRIMMING AND MAINTENANCE SERVICES” first added by Amendment No. 1, with the table attached as Exhibit A hereto and incorporated herein by this reference.
3. All other terms and conditions of the Agreement, including Exhibit “B” remain in full force and effect.
4. This Amendment No. 3 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
DocuSign Envelope ID: 14D0A5ED-58C1-47BB-9FF9-F2172704836A May 20
Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 57
Menifee Mayor and City Council August 21, 2024 Page 232 of 1068
EXHIBIT A
REVISIONS TO EXHIBIT B TO THE AGREEMENT
CITY OF MENIFEE WEST COAST ARBORISTS INC
_______________________________ _______________________________ Armando G. Villa, City Manager Patrick Mahoney, President Attest: ________________________________
Richard Mahoney, Assistant Secretary
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 14D0A5ED-58C1-47BB-9FF9-F2172704836A Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 58
Menifee Mayor and City Council August 21, 2024 Page 233 of 1068
EXHIBIT A
REVISIONS TO EXHIBIT B TO THE AGREEMENT
EXHIBIT A
REVISIONS TO EXHIBIT B TO THE AGREEMENT
[Table on following page]
DocuSign Envelope ID: 14D0A5ED-58C1-47BB-9FF9-F2172704836A Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 59
Menifee Mayor and City Council August 21, 2024 Page 234 of 1068
EXHIBIT A
REVISIONS TO EXHIBIT B TO THE AGREEMENT
CITY-WIDE TREE TRIMMING AND MAINTENANCE SERVICES
LOCATION FY23/24 TOTAL ANNUAL AMOUNT ($) REDUCE/INCREASE BY:
REVISED
TOTAL
ANNUAL
AMOUNT:
Parks General - ROW Maintenance plus
Amendment No.2
$117,640.20 $3,750 $121,390.20
Parks General - GIS Mapping $1,000 $1,000
89-1C, Zone 27 $2,249 $2,249
89-1C, Zone 37 $8,000 $8,000
89-1C, Zone 38 $4,500 $4,500
89-1C, Zone 47 $1,500 $1,500
89-1C, Zone 69 $3,500 $3,500
89-1C, Zone 133 $6,899 $6,899
89-1C, Zone 167 $1,000 -$1,000 $0
CSA 145 - Parks $25,000 $25,000
CSA 145 - ROW $8,000 $8,000
AMR CFD 2012-1 - ROW $30,000 $30,000
AMR CFD 2012-1 - Park $2,500 $2,500
CFD 2012-2 Hidden Hills Park and Paseo -
Parks
$8,000 $8,000
CFD 2012-2 Hidden Hills Park and Paseo -
ROW
$4,500 $4,500
CFD 2015-2, Cental and Mayfield $6,000 $6,000
CFD 2015-2, Centennial Park $6,299 $6,299
CFD 2015-2, Talavera Park $1,000 $1,000
CFD 2015-2, Underwood Park $1,500 $1,500
CFD 2017-1, Remington Park $8,000 $8,000
CFD 2017-1, Banner Park, Zone 8 $1,500 $1,500
CFD 2014-1, Town Center $2,000 $2,000
CFD 2017-1, Zone 1 Town Center $25,000 $25,000
CFD 2015-2, Zone #9 - Rite-Aid $2,000 $2,000
CFD 2015-2, Zone #14 - McDonald's $100 -$100 $0
CFD 2015-2, Zone #15 - Crestview $250 -$250 $0
CFD 2015-2, Zone #17 - Ferguson $250 -$60 $190
CFD 2015-2, Zone #19 - Ridgemore $750 -$70 $680
CFD 2015-2, Zone #21 - Sponseller $400 -$50 $350
CFD 2015-2, Zone #23 - Tommy's Carwash $500 -$390 $110
CFD 2015-2, Zone #28 - Boulder $3,000 -$1,830 $1,170
$282,837.20 $282,837.20
DocuSign Envelope ID: 14D0A5ED-58C1-47BB-9FF9-F2172704836A Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 60
Menifee Mayor and City Council August 21, 2024 Page 235 of 1068 AMENDMENT NO. 4 TO
CONTRACT SERVICES AGREEMENT
CITY OF MENIFEE
CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
AMENDMENT NO. 4 TO
CONTRACT SERVICES AGREEMENT FOR
CITY OF MENIFEE
CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
This is Amendment No. 4 (“Amendment No. 4”) to that certain Contract Services Agreement (“Agreement”) made on January 18, 2023 between the City of Menifee (“City”) and WEST COAST ARBORISTS, INC, a California Corporation (“Contractor”) for CITY OF MENIFEE CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES as amended by that certain Amendment No.1 to the Agreement entered into on July 20, 2023 (“Amendment No. 1”), as amended by that certain Amendment No.2 to the Agreement entered into on March 22, 2024 (“Amendment No. 2”), and as amended by that certain Amendment No.3 to the Agreement entered into on May 20, 2024 (“Amendment No. 3”), which this Amendment No. 4 is made and entered into on ______________, 2024 to extend the term of service, increase the scope of work, and increase the compensation amount as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 4 shall have the meanings ascribed to them in the Agreement.
2. Section 3.5, “Term” is amended to read as follows:
3.5 Term. The term of this Agreement shall begin on the January 18, 2023. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall end on June 30, 2025, whichever is later.
3. SECTION 2.1, “Contract Sum” is amended to read as follows, increasing the contract amount by: ONE HUNDRED SEVENTY SIX THOUSAND FOUR HUNDRED TWO DOLLARS AND ZERO CENTS ($176,402.00).
SECTION 2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the Scope of Services and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed SIX
HUNDRED THIRTY FIVE THOUSAND SIX HUNDRED FORTY ONE DOLLARS AND TWENTY CENTS ($635,641.20) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
4. Exhibit B, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit B to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit B to the Agreement. The initial paragraph of the original Exhibit B, “Scope of Services”, to the Agreement is amended to read as follows:
DocuSign Envelope ID: 95713660-754C-4CBE-B1AE-AEE564D609D6 June 17
Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 61
Menifee Mayor and City Council August 21, 2024 Page 236 of 1068 AMENDMENT NO. 4 TO
CONTRACT SERVICES AGREEMENT
CITY OF MENIFEE
CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
EXHIBIT B
SCOPE OF SERVICES
CITY OF MENIFEE
CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
Contractor shall provide City-Wide Tree Trimming and Maintenance Services in the amount not to exceed SIX HUNDRED THIRTY FIVE THOUSAND SIX HUNDRED FORTY ONE DOLLARS AND TWENTY CENTS ($635,641.20) as further detailed in the following page(s).
5. Exhibit C, “Schedule of Performance” to revised to read in its entirety as follows:
The services to be performed pursuant to this Agreement are to be completed on a timely basis, with an estimated completion date of no later than the date set forth in Section 3.5 above.
6. All other terms and conditions of the Agreement remain in full force and effect.
7. This Amendment No. 4 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
DocuSign Envelope ID: 95713660-754C-4CBE-B1AE-AEE564D609D6 Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 62
Menifee Mayor and City Council August 21, 2024 Page 237 of 1068 AMENDMENT NO. 4 TO
CONTRACT SERVICES AGREEMENT
CITY OF MENIFEE
CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
CITY OF MENIFEE WEST COAST ARBORISTS INC
_______________________________ _______________________________ Armando G. Villa, City Manager Patrick Mahoney, President Attest: ________________________________
Richard Mahoney, Assistant Secretary
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 95713660-754C-4CBE-B1AE-AEE564D609D6 Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 63
Menifee Mayor and City Council August 21, 2024 Page 238 of 1068 AMENDMENT NO. 4 TO
CONTRACT SERVICES AGREEMENT
CITY OF MENIFEE
CITYWIDE TREE TRIMMING AND MAINTENANCE SERVICES
EXHIBIT A
Supplement to Scope of Services
CITY-WIDE TREE TRIMMING AND MAINTENANCE SERVICES
LOCATION FY24/25 TOTAL ANNUAL AMOUNT ($)
General Fund, ROW $40,000
CSA 145 $10,000
CSA 145 $40,000
CFD 490 $40,000
CFD 490 $21,402
CFD 494, Zone 1 Town Center $25,000
$176,402
DocuSign Envelope ID: 95713660-754C-4CBE-B1AE-AEE564D609D6 Item Title: 10.12
Agreement Amendment with West Coast Arborist, Inc. for Citywide Tree Trimming and Maintenance Services Item Page Number: 64
Menifee Mayor and City Council August 21, 2024 Page 239 of 1068
CITY OF MENIFEE
SUBJECT: Final Map, Agreement, and Bonds for Tract Map 38219, River Walk Village, by Richmond American Homes of Maryland, Inc.
MEETING DATE: August 21, 2024
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the filing of the final map for Tract Map 38219, River Walk Village, by Richmond American Homes of Maryland, Inc, located at the southwest corner of Bradley Road and Salt Creek Channel; and
2. Approve and authorize the City Manager to execute a Subdivision Improvement Agreement to guarantee completion of required public improvements associated with Tract Map 38219.
DISCUSSION
Tract Map (TM) 38219, also known as River Walk Village (“Project”), is a proposed subdivision of
15.114 gross acres of land into four lots for condominium purposes to accommodate 198 residential condominium units. The Project is located west of the I-215 Freeway, at the southwest corner of Bradley Road and Salt Creek Channel.
Richmond American Homes of Maryland, Inc. (“Developer”) is now requesting approval and filing of the final map for TM 38219 and approval of the associated Subdivision Improvement Agreement (“SIA”) as required by the Project’s conditions of approval. The SIA requires that improvement securities are posted to guarantee the completion of the required offsite and onsite improvements, as well as installation of subdivision monuments. The SIA requires that public improvements be completed within 12 months from the date of City Council approval.
Staff has reviewed the Developer’s request and determined that the SIA meets the requirements of the Project’s conditions of approval. A summary of the bonds being posted to guarantee the required improvements are shown in the tables on the following page.
Item Title: 10.13
Final Map, Agreement, and Bonds for Tract Map 38219, River Walk Village, by Richmond American Homes of Maryland, Inc.
Item Page Number: 1
Menifee Mayor and City Council August 21, 2024 Page 240 of 1068 City of Menifee Staff Report
Final Map 38219 – River Walk Village
August 21, 2024