Agenda packet — Menifee City Council, July 16, 2025 (part 4 of 10)

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The first property, identified as Assessor’s Parcel Number (APN) No. 333-070-041, requires only a TCE. The second property, identified as APN No. 333-080-028, was expected to require both a TCE and a PME. It is standard practice to offer fifty percent of the appraised property value for a TCE or PME. During negotiations, the property owner of APN No. 333-080-028 was not amenable to a TCE or PME and instead requested that the City purchase the portion of the property that would be impacted by the Project at one hundred percent of the appraised value. The City has determined that purchasing in fee would be acceptable for the second property, identified as APN No. 333-080-028. Negotiations with both property owners are ongoing. The proposed Amendment No. 5 would allow the Consultant to complete the additional ROW efforts required to finalize negotiations with both property owners, allowing the Project to move forward to the final design phase. Amendment No. 5 would increase the Consultant’s compensation by $7,560, increasing the total not-to-exceed amount of the Agreement to $304,903.38. The Consultant’s amendment history for the Project is summarized in Table 1 below.

TABLE 1 – KOA CORPORATION’S AGREEMENT HISTORY
PSA Activity Approval Date Summary of Changes Value
Original Contract 6/21/2023 PS&E design services. $231,726.22 Amendment 1 7/20/2023 Hydrology report and drainage
engineering
$11,760.00
Amendment 2 12/6/2023 Term extension through 12/31/2025 N/A Amendment 3 6/19/2024 Additional environmental focused
Studies: Burrowing owl survey, Narrow
endemic plants & rare plant survey.

Pre-construction survey (avian,
woodrat middens & jack rabbits),
streambed delineation, regulatory
permit.
$50,557.16
Amendment 4 10/2/2024 Ongoing design support for additional meetings, geotechnical evaluation, and
recommendations.
$3,300.00
Amendment 5 Pending Additional right-of-way engineering services.
$7,560.00
TOTAL $304,903.38
Pursuant to Resolution No. 24-1569 and Menifee Municipal Code §3.12.150, amendments or change orders in the aggregate amount greater than 10% of the agreement amount shall be approved by the City Council.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
The fiscal impact of the proposed Amendment No. 5 with the Consultant is $7,560.00, for an Agreement total not-to-exceed amount of $304,903.38. Funding for the proposed Amendment No. 5 is available in the FY 2024/2025 budget within the Measure A Fund for transportation projects (2220-PWD-CIPS-760000), as summarized in Table 2 on the following page.

Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 2

Menifee Mayor and City Council
July 16, 2025
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City of Menifee Staff Report
CIP 22-03 KOA Amendment No. 5
July 16, 2025

Page 3 of 3 ends

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TABLE 2 – PROJECT BUDGET
Fund Project String No. Available Budget Anticipated Cost Measure A CIP22-03.2220.DES.CAE $1,005,801.31 $7,560.00 TOTAL $1,005,801.31 $7,560.00

ATTACHMENTS

1. Project Location Map

2. Amendment No. 5

3. Original Agreement
Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 3

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July 16, 2025
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APN:333-080-028
APN:333-070-041
ROW Acquisition
Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 4

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July 16, 2025
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AMENDMENT NO. 5 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES AMENDMENT NO. 5 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES This is Amendment No. 5 to that certain Professional Services Agreement (“Agreement”) made on February 16, 2022, between the City of Menifee (“City”) and KOA CORPORATION, a California S-Corporation (“Consultant”) for CIP 22-03: MCCALL

BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) 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 December 6, 2023 (“Amendment No. 2”), as amended by that certain Amendment No. 3 to the Agreement entered into on June 19, 2024 (“Amendment No. 3”), as amended by that certain Amendment No. 4 to the Agreement entered into on Ocotber 2, 2024 (“Amendment No. 4”), which this Amendment No. 5 is made and entered on , 2025 to increase the compensation amount and augment the scope of services 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, “Compensation” is amended to increase the maximum compensation by

SEVEN THOUSAND FIVE HUNDRED SIXTY DOLLARS AND ZERO CENTS ($7,560.00), and is amended to read as follows:

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed THREE HUNDRED FOUR

THOUSAND NINE HUNDRED THREE DOLLARS AND THIRTY EIGHT CENTS ($304,903.38) 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.

3. Exhibit A, “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 A to the Agreement, but instead to augment and increase the scope Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 5

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July 16, 2025
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AMENDMENT NO. 5 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES in the amount not to exceed THREE HUNDRED FOUR THOUSAND NINE HUNDRED THREE DOLLARS AND THIRTY EIGHT CENTS ($304,903.38) notwithstanding 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. (Signatures on Following Page)
Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 6

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July 16, 2025
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AMENDMENT NO. 5 TO

PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES

CITY OF MENIFEE
Armando Villa, City Manager
Attest:

Stephanie Roseen, City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

KOA CORPORATION
Michael Nilsson, Principal, Director of
Planning
Giuseppe Canzonieri, Principal, Director of
Engineering
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 7

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July 16, 2025
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EXHIBIT A

SUPPLEMENT TO SCOPE OF SERVICES
[SUPPLEMENT BEGINS ON FOLLOWING PAGE]
Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 8

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July 16, 2025
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EXHIBIT A
Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 9

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July 16, 2025
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EXHIBIT A
Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 10

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EXHIBIT A
Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 11

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EXHIBIT A
Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 12

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2671/031858-0001
7630376.2 a01/11/23

CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _______ day of ______, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and KOA CORPORATION, a California S - Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsis tency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services . The Parties previously entered into a Professional Services Agreement dated February 16, 2022, for a term of February 16, 2022 through December 31, 2022, for the Services also contemplated herein . That agreement was erroneously allowed to expire.

The Parties continued operating as if that agreement continued in effect into 2023. The provisions of that agreement are substantially similar to the provision of this Agreement. The Parties therefore acknowledge and agree that the term of this Agreement began on January 1, 2023 and shall end on December 31, 2023 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 S
tandard 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 A
ssignment 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.

DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F June21
Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 13

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

1.5 A uthorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs w hatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

1.6 C ovid- 19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID -19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed TWO HUNDRED THIRTY

ONE THOUSAND SEVEN HUNDRED TWENTY SIX DOLLARS AND TWENTY TWO CENTS ($231,726.22) 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;
DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 14

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e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 F
inal Payment . City shall pay the last ten percent (10%) 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 T
otal Payment . City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreeme nt. 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 R eimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 P ayment of Taxes . Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 P ayment 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 i ncurred 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.

DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 15

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SECTION 3. FACILITIES AND EQUIPMENT.

Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or other commu nication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certifica tes of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.

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

4.2 C
ommercial 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 DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 16

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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 S ervices 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. A
dditional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

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

Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. C
lai ms-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 17

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Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or term ination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. V erification 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: CIP 22-03: MCCALL BLVD WIDENING PROJECT DESIGN SERVICES (CIVIL DESIGN PLANS, SPECIFICATIONS, AND ESTIMATE ("PS&E")) 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. N
otice 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.
d. A dditional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non- contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

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A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self -insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnis h separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. V
ariation . 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 R
emedies . In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

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 DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 19

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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 L
imitation of Indemnification for Design Professionals . Notwithstanding any provision of this Section 5 to the contrary, design professionals 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.

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

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accompli shes 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 or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 20

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injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703- 4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs in curred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees 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 L
icenses and Permits . Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

Consultant represents and warrants to City that Consultant and its employees, agents, and DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 21

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subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

SECTION 8. TERMINATION AND MODIFICATION.

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

8.2 T ermination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

8.3 C onsequences 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 E
xtension. 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 A
mendments . The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 A ssignment and Subcontr acting. 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 S
urvival . All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Cons ultant shall survive the expiration or termination of this Agreement.

8.8 O ptions 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:

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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 L
icensing of Intellectual Property. This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 C
onsultant’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 DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 23

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this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 A
pplicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10.3 S
everability . 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 S
ection 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 N
o Implied Waiver of Breach . The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.6 S
uccessors 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 C onsultant Representative . All matters under this Agreement shall be han dled for Consultant by Min Zhou (“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 DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 24

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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 A dministration. This Agreement shall be administered by a City employee, Jenny McConville , Management Analyst I (“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 N
otices . Any written notice to Consultant shall be sent to:

KOA CORPORATION
Attn: Min Zhou
2141 West Orangewood, Suite A
Orange, CA 92868
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Jenny McConville, Management Analyst I
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.

__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.11 Rights and Remedie s. 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 DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 25

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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 C
ounterparts . 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 E xecution 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 N
ondiscrimination . 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 N
o Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third- party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 N onliability 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 N
o Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 N
o 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.

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[Signatures on Following Page]

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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE

Armando G. Villa, City Manager

Attest:

Stephanie Roseen, Interim City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

Min Zhou, PE Area Manager, California
Region

Juan Gutierrez, CMA, Financial Manager

[Corporation must have two signatures]
DocuSign Envelope ID: 448B1BA1-7D23-43BD-9EE1-6462A8E9FC56 DocuSign Envelope ID: 5DCC611C-78A5-4727-9CFD-AC75B733CF9F Item Title: 10.17
Agreement Amendment with KOA Corporation for the McCall Boulevard Widening Project Item Page Number: 28

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2671/031858-0001
7630376.2 a01/11/23 EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include CIP 22 -03: McCall Blvd Widening Project Design Services (Civil Design Plans, Specifications, and Estimate ("PS&E")) Services in the amount not to exceed TWO

HUNDRED THIRTY ONE THOUSAND SEVEN HUNDRED TWENTY SIX DOLLARS AND TWENTY TWO CENTS ($231,726.22) as further detailed in the following page(s).

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CITY OF MENIFEE
SUBJECT: Agreement Amendment with the Animal Services Joint Powers Authority for the Southwest Communities Financing Authority - Animal Shelter Services
MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: Heriberto Gutierrez, Acting Chief of Police APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 5 to the Joint Powers Agreement with the County of Riverside, the City of Canyon Lake, City of Lake Elsinore, City of Murrieta, City of Temecula, and City of Wildomar for the Southwest Communities Financing Authority, adjusting the timing of quarterly payment procedures.

DISCUSSION
The City of Menifee has been responsible for the provision of animal control services to the community since its incorporation in 2008. In 2020 the City Council provided direction to staff to apply to the Joint Powers Authority (JPA) for sheltering services. The JPA Board of Director’s voted, and Menifee was accepted in October of 2020. The addition of Menifee constituted the fourth amendment to the existing JPA agreement. The acceptance of Menifee into the JPA allowed for a voting member to have a seat on the Board. This position is currently held by City Councilmember Dean Deines.

In 2025, the Joint Powers Authority (JPA) proposed an amendment to the existing agreement to modify the billing process for shelter services. Currently, annual shelter costs for each jurisdiction are determined at the beginning of each fiscal year and are based on the number of animals sheltered from within the City of Menifee’s boundaries. The requested change would allow for entities to be billed in advance of each quarter as opposed to at the end of the service term, which is the current practice. This change in procedures would allow for streamlined management of the finances within the JPA and ensure a timely delivery of quarterly accounting reports. All other aspects of the agreement would remain the same, and there is no fiscal impact on the City budget with approval of this amendment.

Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

-
Animal Shelter Services
Item Page Number: 1

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City of Menifee Staff Report
JPA Amendment
July 16, 2025

Page 2 of 2 ends

2 8
1 5

STRATEGIC PLAN OBJECTIVE
Regular City Business

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The only change apparent from the action would be the timing of payment for the invoices sent by the JPA. Due to the delayed nature of invoices in the past, this action would increase the accuracy of reporting.

ATTACHMENTS

1. JPA Amendment No. 5

2. JPA Amendment No. 4
Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

-
Animal Shelter Services
Item Page Number: 2

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1 FIFTH AMENDED AND RESTATED JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE;
THE CITY OF CANYON LAKE; THE CITY OF LAKE ELSINORE;
THE CITY OF MURRIETA; THE CITY OF TEMECULA;
THE CITY OF WILDOMAR; AND THE CITY OF MENIFEE;

FOR THE

SOUTHWEST COMMUNITIES FINANCING AUTHORITY
(Animal Shelter)
This Fifth Amended and Restated Joint Powers Agreement (“Agreement”), is made and entered into this 1st day of June, 2025 (“Effective Date”) by and between the County of Riverside (hereafter referred to as "COUNTY") ;the City of Canyon Lake ("Canyon Lake"); City of Lake Elsinore ("Lake Elsinore"); City of Murrieta ("Murrieta"); City of Temecula ("Temecula"); and City of Wildomar ("Wildomar"); and City of Menifee (“Menifee”), individually as “City” or “Party”, and collectively, the "Cities" or “Parties”, each body being a body corporate and politic of the State of California, or public entities or political subdivision of the State of California.

RECITALS:

WHEREAS, COUNTY , Canyon Lake , Lake Elsinore , Murrieta, Temecula, Wildomar and, Menifee have mutual interests in the continued operation of an animal shelter located within the geographic area common to all Parties within the geographic boundaries, attached hereto and incorporated here by this reference as Attachment A , in compliance with State laws and regulations; and
WHEREAS, the Board of Directors (“Board”) of the Southwest Communitie s Financing Authority (“SCFA”) approved that certain Joint Powers Agreement , dated November 30, 2004, between COUNTY, Lake Elsinore, Canyon Lake, Murrieta, and Temecula for the purpose of constructing an animal shelter in the southwest portion of the County of Riverside; and WHEREAS, the Board of SCFA approved that certain Second Amended and Restated Joint Powers Agreement , dated January 29, 2008 , between COUNTY, Lake Elsinore, Canyon Lake, Murrieta, and Temecula;
WHEREAS, the Board of SCFA approved that certain Third Amended and Restated Joint Powers Agreement, dated November 2, 2010 , between COUNTY, Lake Elsinore, Canyon Lake, Murrieta, Temecula, and Wildomar, accepting Wildomar as a JPA member; Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

-
Animal Shelter Services
Item Page Number: 3

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2 WHEREAS, the Board of SCFA approved that certain Fourth Amended and Restated Joint Powers Agreement, dated November 1, 2020, between County, Lake Elsinore, Canyong Lake, Murrieta, Temecula, Wildomar, and Menifee, accepting Menifee as a JPA member; WHEREAS, the Board of SCFA desires to amend and restate the agreement to state that Member Cities and County shall pay invoices in advance of each quarter; WHEREAS, it is the interest and desire of the Parties to amend and restate that certain Fourth Amended and Restated Joint Powers Agreement to continue SCFA as a Joint Powers Agency, separate and apart from the Parties hereto, as hereinafter described and set forth, which entity shall set about the task of accomplishing the purpose of this Agreement in a manner most capable of promoting the greatest public good and welfare; and

WHEREAS,
the Partie s here to are eac h empowered by law to provide for the animal shelter needs to eligible residents of each City either directly, or by contract or similar arrangement; NOW, THEREFORE, in consideration of the above recitals, of the mutual promises and agreements herein contained and for other valuable consideration, the parties hereto agree as follows:

SECTION 1. PURPOSE
This Fifth Amended and Restated Joint Powers Agreement (hereinafter referred to as "Agreement") is made pursuant to the provisions of Article 1, Chapter 5, Division 7 of Title 1 (commencing with Section 6500) of the California Government Code, (hereinafter referred to as the "Act") for the express purpose of constructing and housing animals, also known as operating an
animal shelter, to serve residents of the Parties hereof. Additionally, this Agreement shall permit the financing of public capital improvements and those purposes permitted under the Marks-Roos Local Bond Pooling Act of 1985, being Article 4, Chapter 5, Division 7 of Title 1 (commencing with Section 6584) of the California Government Code (the "Bond Law"). It is the intent of this Agreement that none of the decisions regarding field service boundaries or levels of service for animal control for each of the Cities shall be affected by the creation of this JPA, or by membership in this JPA.

The purpose of thi s Agree ment shall be accomplishe d
and the comm on powe rs of the
parties hereto exercised in the manner hereinafter set forth. //
//
Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

-
Animal Shelter Services
Item Page Number: 4

Menifee Mayor and City Council
July 16, 2025
Page
442 of 2087

3 SECTION 2. CREATION OF AUTHORITY
Pursuant to the Act and the Bond Law, there is hereby created a public entity to be known as the Southwest Communities Financing Authority ("SCFA"). SCFA shall be a public entity, separate and apart from the parties hereto, and as provided by law and not otherwise prohibited by this Agreement, shall be empowered to take such actions as may be necessary or desir able to implement and carry out the purpose of this Agreement.

SECTION 3. TERM
This Agreement shall become as of the Effective Date (defined above) and shall continue in full force and effect until terminated as provided in Section 4 below.

SECTION 4. TERMINATION AND AMENDMENTS
a. The Parties hereto may amend this Agreement by mutual written consent. b. The Parties hereto may terminate their participation in the Joint Powers Authority and this Agreement as provided herein.
c. If SCFA has incurred no obligations , each Party may terminate this Agreement by giving not less than sixty (60) days written notice thereof to the all other parties. d. If SCFA has acquired any indebtedness, fiscal obligation, and/or any property, each Party hereto may terminate this Agreement by giving twelve (12) months written notice thereof to all other Parties subject to the provisions of Sections 4(e) and 4(f) herein. e. This Agreement cannot be terminated until all forms of indebtedness, and/or fiscal obligation incurred by SCFA have been paid, or adequate provision for such payment shall have been made. f. In the event the Agreement is terminated, any property acquired by SCFA from the Effective Date of this Agreement, including but not limited to money, shall be divided and distributed between the P arties in proportion to the contributions made, including contributions made as provided in Section 10 below, unless otherwise required by law. //
//
Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

-
Animal Shelter Services
Item Page Number: 5

Menifee Mayor and City Council
July 16, 2025
Page
443 of 2087

4 SECTION 5. POWERS AND DUTIES OF SCFA

SCFA shall have the powers common to the Parties to this Agreement to:

Exercise those powers enumerated in the Act and Bond Law as the same as now exists or as may hereinafter be amended;
Do all acts necessary or convenient to the exercise of the foregoing and to accomplish the purposes of this Agreement, including but not necessarily limited to the following:
to make and execute all contracts, agreements, and documents including, without limitation, agreements with any of the Parties to this Agreement, other local governments, agencies or departments, the State of California, the United States of America, or agencies thereof, or any entity, person or corporation of any kind or nature whatever; to employ agents, servants and employees;
to acquire, hold and dispose of property, both real and personal; to acquire, construct, maintain, manage, operate and lease buildings, works and improvements;
to accept gifts;
to sue and be sued in its own name;
to apply for and receive any available federal, State and/or local grants; to employ legal counsel;
to employ consultants;
to adopt a budget;
to incur debts, liabilities and obligations;
to establish a treasury for the deposit and disbursement of funds and monies, according to the policies and procedures set forth in this Agreement; to invest any money held in the treasury that is not required for immediate necessities of SCFA, as SCFA determines is advisable, in the same manner and upon the same conditions as local agencies pursuant to Section 52601 of the California Government Code; and to issue bonds and other evidences of indebtedness for the construction of an animal shelter, and the consent of the Governing Board of each member to participate in this Joint Powers Authority shall be deemed consent for the issuance of bonds by SCFA, as required under California Government Code Sections 6500 et seq. and the Bond Law.

The listing of the above acts is not intended to indicate any priority of one act over another.

Nor is such listing intended to be inclusive, and other acts may be done in the accomplishment of Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

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Animal Shelter Services
Item Page Number: 6

Menifee Mayor and City Council
July 16, 2025
Page
444 of 2087

5 the purposes of this Agreement as are authorized. One or several acts may take place concurrently or in sequence.

SECTION 6. CREATION OF THE BOARD OF DIRECTORS
a. Governance of SCFA by the Board of Directors . In order to effectuate the purposes of this Agreement as set forth herein, SCFA shall be governed by a Board of Directors (hereinafter called the "Board"), and all of the powers of SCFA shall be exercised by the Board. b. Membership. The Board shall be composed of the following members from the Parties:

One (1) member of the Board of Supervisors of Riverside County; One (1) member of the City Council of the City of Canyon Lake; One (1) member of the City Council of the City of Lake Elsinore; One (1) member of the City Council of the City of Murrieta; One (1) member of the City Council of the City of Temecula; One (1) member of the City Council of the City of Wildomar; One (1) member of the City Council of the City of Menifee. c. Designation of Members. Members shall serve on the Board during the term for which they are a member of the Board of Supervisors, or a member of the City Council from which they are appointed. A member's position on the Board shall automatically terminate if the term of the elected public office of such member is terminated.
d. Reimbursement. The Board may provide for reimbursement of reasonable expenses incurred in connection with a member's service on the Board.
e. Quorum and Transaction of Business. Four (4) members of the Board shall constitute a quorum.

Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

-
Animal Shelter Services
Item Page Number: 7

Menifee Mayor and City Council
July 16, 2025
Page
445 of 2087

6 A vote of four (4) of the members present shall be required to take action, except for adjournment of a meeting which shall require only a majority of those present. No proxy or absentee voting shall be permitted.

f. Meetings. The Board shall establish the time and place for its regular and special meetings. The dates, hour and location of regular meetings shall be fixed by formal action of the Board. The Board shall hold at least one (1) regular meeting every calendar year. Special meetings and adjourned meetings may be held as required or permitted by applicable law.

g. Ralph M. Brown Act. All meetings of the Board, including, without limitation, regular, special and adjourned meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code).

h. Rules. The Board may adopt, from time to time, such rules and regulations for the conduct of its meetings and activities as it may deem necessary. In the a bsence of specific rules for SCF A meetings, the rules of the Board of Supervisors shall be applicable for the conduct of meetings of SCFA.

SECTION 7. FISCAL OBLIGATIONS OF THE PARTIES

It is the intent of the Parties as members of SCFA that the following fiscal obligations shall be agreed upon for all Parties to this Agreement:
a. Debt repaymen t of any bonds issued by SCF A shall be paid by each P arty based on the percentage of animals housed at the facility, on an annual basis.

b. Administration costs of the SCFA shall be borne equally between each Party and may include, but not be limited to, stipends, legal fees, audit, costs, administrative fee, mileage reimbursement.

c. Operation of animal shelter shall be paid by each P arty based on the percentage of animals housed at the facility, on an annual basis.

d. Determination of the percentages for sub-sections (a) and (c) shall be made on an annual basis in January based on the usage information received for the preceding calendar year. The Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

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Animal Shelter Services
Item Page Number: 8

Menifee Mayor and City Council
July 16, 2025
Page
446 of 2087

7 percentages shall be designated for calculation starting July 1st of that same calendar year. No Party shall divert any animals within its custody, care or control, including those held on behalf of a P arty under contracted services with an animal control or humane society provider, that are located within the SCF A's geographic boundaries (as refl ected in attached Attachment A ) from being housed at SCF A's animal shelter facility contemplated under this Agreement unless said facility lacks the capacity to ac cept the animal (s) in question or where the SCF A has granted express written consent for the animal(s) in question to be diverted to another animal shelter facility.

e. Annexations of any area by any Party shall result in that Party assuming fiscal responsibility for the area annexed. The additional annexation shall result in a re -calculation of percentages of (a) and (c).

f. Incorporation of a ny geographic area served by SCF A, and in the event of the new city not joining as a member in SCFA, COUNTY shall reserve the ability to contract directly with the new city for animal services.

g. Any Party withdrawing from SCF A agrees to payment of the current percentage of the following:

After the issuance of bonds, the P arty agrees to payment of the party's current percentage of the amount of the outstanding bonds.

Any unpaid portion of the administrative costs of SCFA, calculated up to the effective date of termination of participation in SCFA of the Party.

Any unpaid portion of the operation costs of the animal shelter, calculated up to the effective date of termination of participation in SCFA of the Party.

h. Member Cities and County shall pay invoices in advance of each quarter to the County Executive Office for subsequent payment to AFV.

SECTION 8. OFFICERS AND EMPLOYEES

Chairperson and Vice Chairperson . The Board may select a chairperson and a vice chairperson from among its members at its first meeting, and annually thereafter. The term of the Chairperson and Vice Chairperson, when selected in this manner, shall be for two (2) years.

Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

-
Animal Shelter Services
Item Page Number: 9

Menifee Mayor and City Council
July 16, 2025
Page
447 of 2087

8 In the event that the Chairperson or Vice Chairperson so elected resigned from such office or ceases to be a membe r of the Boa rd, the result ing vacancy shall be filled at the ne xt regular meeting of the Board. In the absence or inability of the Chairperson to act, the Vice Chairperson shall act as Chairperson through the end of term. The Chairperson, or in the Chairperson's absence, the Vice Chairperson, shall preside at and conduct all meetings of the Board.

Treasurer. The Treasurer of the County of River side shall be a nd shall ac t as the Treasure r of SCFA. The Treasurer shall have the custody of SCFA's money and disburse SCFA funds pursuant to the accounti ng procedures of the County of Riverside . The Treasurer shall assume the duties described in Section 6505.5 of the California Government Code, namely: receive and receipt for all money of SCFA (with the exception of any bond proceeds which shall be deposited with the Trustee bank) and place it in the Treasury of the Treasurer to the credit of SCFA; be responsible upon an official bond as prescribe d by the Boar d for the safekee ping an d disbursement of all Agency money so held; pa y, when due, out of mone y of SCFA so he ld, all sums paya ble, only upon warrants of the officer performing the functions of the Controller who has been designated by SCFA or the Board; verify and report in writing in conjunction with the annual audit of SCFA and to the Parties to this Agreement the amount of money held for SCFA, the amount of receipts since the last report, and the amount paid out since the last report; and perform such other duties as are set forth in this Agreement or specified by the Board.

Any and all funds of the SCFA shall not be commingled with any other funds held by the Treasurer.

Controller. The Auditor/Controller of the C ounty of River side shall be the Controlle r of SCFA.

The Controller shall draw warrants to pay demands against SCFA when such demands have been approved by the Board or by any other person authorized to so approve such by this Agreement or by resolution of the Boa rd. The Controlle r shal l perf orm suc h dutie s a s are se t fo rth in this Agreement and such other duties as are specified by the Board.

There shall be strict accountability of all funds a nd reporting of all receipt s and disbursements. The Controller shall establish and maintain such procedures, funds and accounts as may be required by sound accounting practices. The books and records of SCFA in the hands of the Controller shall be open to inspection at all reasonable times by representatives of the parties to this Agreement.

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

-
Animal Shelter Services
Item Page Number: 10

Menifee Mayor and City Council
July 16, 2025
Page
448 of 2087

9 policies, rules, regulations and instructions, and shall have the powers described in this Agreement and those delegated and assigned by the Board, including, without limitation:
to appoint, remove and transfer employees of SCFA, including management level officers, subject to the conditions of employment of these individuals as employees of SCFA, except for the Treasurer, Controller and Attorney of SCFA and such others as the Board may designate; to enforce all orders, rules and regulations adopted by the Board relating to the regulation, operation, or control of funds, facilities, properties and apparatus of SCFA; to authorize expenditures whenever the Board shall have approved and authorized any work, improvement or task and shall have budgeted or appropriated the necessary money therefore; and
to have custody of and accountability for all property of SCFA except money. The Program Administrator, with the approval of the Board, shall contract with an independent certified public accountant or firm or certified public accountants to make an annual audit of the accounts and records of SCFA, and a complete written report of such audit shall be filed as public records annually, within six (6) months of the end of the fiscal year under examination, with each of the Parties to this Agreement. Such annual audit and written report shall comply with the requirements of Section 6505 of the California Government Code. The cost of the annual audit, including contracts with, or employment of such independent certified public accountants in making an audit pursuant to this Agreement shall be a charge against funds of SCFA available for such purpose.

The Board, by unanimous vote, may replace the annual audit with a special audit covering a two- year period.

Assistant Program Administrator . The Board may appoint an Assistant Program Administrator, who shall be a person employed by any member agency of SCFA other than the County of Riverside, who is assigned to such duties for SCFA. The Assistant Program Administrator shall, with the consent of the Program Administrator, assist the Program Administrator in carrying out the direction of the day -to-day operation of SCFA. The Assistant Program Administrator shall serve subject to the Board's policies, rules, regulations and instructions, and shall have the powers described in this Agreement pertaining to the position of Program Administrator and those delegated and assigned by the Board.

Consultants. Subject to the availability of funds, the Board may employ such consultants, advisors and independent contractors as are deemed necessary and desirable in implementing and carrying out the purposes of this Agreement.

Attorney for SCFA. The offices of the Riverside County Counsel, or counsel as retained directly Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

-
Animal Shelter Services
Item Page Number: 11

Menifee Mayor and City Council
July 16, 2025
Page
449 of 2087

10 by SCFA shall be the attorneys for SCFA. The Board may employ by contract or otherwise, specialty counsel.

SECTION 9. EXECUTIVE MANAGEMENT COMMITTEE
There shall be an Executive Management Committee established consisting of the County Executive Officer, or designee of COUNTY, and City Managers, or designees of CANYON LAKE, LAKE ELSINORE, MURRIETA, TEMECULA, WILDOMAR, MENIFEE, and any other member city who may join SCFA. The Executive Management Committee shall meet as necessary to review the operations and business of SCFA.

SECTION 10. REIMBURSEMENT
Officers and employees of the Parties (excepting members of the Board) designated in this Agreement to provide services for SCFA shall be reimbursed by SCF A for their actual costs of providing such services. In addition, additional services provided by officers and employees of the parties pursuant to contracts with SCF A shall be reimbursed as provided by the cont racts. All reimbursements by SCFA shall be made after receiving an itemized billing for services rendered.

SECTION 11. FISCAL YEAR
The fiscal year of SCF A shall be the period commencing July 1 of each year and ending on and including the following June 30.

SECTION 12. CONTRIBUTIONS BY THE PARTIES
The Parties to this Agreement may provide contributions in the form of public funds and/or in - kind services, equipment, furnishings, office space and other kinds of property which may be reasonably necessary for SCFA to accomplish the purposes of this Agreement.

SECTION 13. EMPLOYEES OF SCFA
Riverside County Employees . There shall be no individuals directly employed by SCFA. "Employees" for the purposes of indemnification and defense provisions herein shall mean all persons employed by Riverside County, or any Party, and assigned to duties for SCFA.

Indemnification and Defense of Employees. With respect to any civil claim or action against any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

-
Animal Shelter Services
Item Page Number: 12

Menifee Mayor and City Council
July 16, 2025
Page
450 of 2087

11 occupied such position, for an injury arising out of an act or omission occurring within the scope of such person's duties, SCFA shall indemnify, hold harmless and defend such person to the full extent permitted or required under applicable sections of the California Government Code.

Nothing herein shall be construed to require SCFA to indemnify and hold harmless any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly occupied such position, if SCFA has elected to conduct the defense of such person(s) pursuant to an agreement reserving SCFA's rights not to pay a judgment, compromise or settlement until it is established that the injury arose out of an act or omission occurring within the scope of his or her duties with SCFA.

Nothing herein shall be construed to require the SCFA indemnify, or to provide a defense for any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly occupied such position where the individual has acted in an illegal, willful or intentionally negligent manner giving rise to the claim, or litigation.

The following definitions shall apply to SCFA:
"Directors" shall include the following: Members of the Governing Board of Directors of SCFA, Program Administrator, and the Assistant Program Administrator. "Officers" shall include all individuals who are defined in "Directors" herein, the Treasurer, Controller, and Attorney(s) for SCFA as defined herein. "Employees" shall mean all persons employed by Riverside County, or any other member agency, and assigned to duties for SCFA.
"Committee Members" shall mean all persons appointed by the Governing Board to any advisory committee or committees of SCFA, all persons appointed by the Program Administrator to any advisory committee or committees of SCFA.

SECTION 14. LIABILITIES

SCFA shall account separately for all funds c ollected or disbursed for each P arty to this Agreement. It is the intent of the Parties, to the extent permitted by law, that the liabilities of each Party for the animal shelter services provided to that Party's members shall not become a liability of any other Party to this Agreement.

The debts, liabilities and obligations of SCFA shall be the debts, liabilities and obligations of SCFA alone, and not of the Parties to this Agreement.

SCFA shall indemnify, defend and hold harmless each P arty to this Agreement from and against any and all liabilities, debts, claims, demands or costs (including but not limited to Item Title: 10.18
Agreement

Amendment

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Services

Joint

Powers

Authority

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the

Southwest

Communities

Financing

Authority

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Animal Shelter Services
Item Page Number: 13

Menifee Mayor and City Council
July 16, 2025
Page
451 of 2087

12 attorney's fees) arising, or alleged to arise as a result of SCFA's operation or failure to operate.

SECTION 15. NOTICES
Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or upon deposit into the U.S. Mail, first class, postage prepaid to:

RIVERSIDE COUNTY
Executive Office
County Administrative Center, 4080 Lemon Street, 4th Floor Riverside, CA 92501 Attn: Deputy County Executive Officer - Finance

CITY OF CANYON LAKE
31516 Railroad Canyon Road, Canyon Lake, CA 92587
Attn: City Manager

CITY OF LAKE ELSINORE
130 South Main Street, Lake Elsinore, CA 92530
Attn: City Manager

CITY OF MURRIETA
24601 Jefferson Avenue, Murrieta, CA 92562
Attn: City Manager

CITY OF TEMECULA
4 1000 Main Street, Temecula, CA 92590
Attn: City Manager

CITY OF WILDOMAR
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Attn: City Manager

CITY OF MENIFEE
29844 Haun Road
Menifee, CA 92586
Attn: City Manager
//
//
Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

-
Animal Shelter Services
Item Page Number: 14

Menifee Mayor and City Council
July 16, 2025
Page
452 of 2087

13 SECTION 16. OTHER AGREEMENTS NOT PROHIBITED
Other agreements by and between the Parties to this Agreement or any other entity are neither prohibited nor modified in any manner by execution of this Agreement.

SECTION 17. SEVERABILITY
If any section, clause or phrase of this Agreement or the application thereof to any Party or any other person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, it shall be deemed severable and the remainder of this Agreement or the application of such provision to the other Party or other persons or circumstances shall not be affected thereby.

SECTION 18. NONASSIGNABILITY
The rights, titles and interests of any Party to this Agreement shall not be assignable or transferable without the written consent of the Board of Supervisors for Riverside County and the City Councils of any of the other Parties to this Agreement.

SECTION 19. MISCELLANEOUS
Section Headings. The section headings her ein are for convenience of the Parties only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement.

Laws of California. This Agreement is made in the State of California, under the Constitution and laws of such State, and shall be construed and enforced in accordance with the laws of the State of California.

Construction of Language . It is the intention of the P arties hereto that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid.

Cooperation. The Parties to this Agreement recognize the necessity and hereby agree to cooperate with each other in carrying out the purposes of this Agreement including cooperation in manners relating to the public, accounting, litigation, public relations and the like.

Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties hereto.

Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

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Animal Shelter Services
Item Page Number: 15

Menifee Mayor and City Council
July 16, 2025
Page
453 of 2087

14 Publication Rights . Each P arty to this Agreement shall have the right to duplicate, at its own expense, any and all documents and reports created or acquired, in the joint exercise of powers hereunder by the Board or by any other Party hereto pursuant to this Agreement.

Government Code Section 6509 Designation. The laws of the State of California applicable to the COUNTY, as a general law county, shall govern the SCFA in the manner of exercising its powers, subject, however, to such restrictions as are applicable to said county in the manner of exercising such powers, as required by California Government Code Section 6509. [Signature Pages to Follow]
Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

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the

Southwest

Communities

Financing

Authority

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Animal Shelter Services
Item Page Number: 16

Menifee Mayor and City Council
July 16, 2025
Page
454 of 2087

15 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested to by their proper officers thereunto duly authorized as of the date first above written.

COUNTY OF RIVERSIDE,
a political subdivision of the
State of California
By:____________________________
V. Manuel Perez, Chair
Board of Supervisors
ATTEST:

Kimberly Rector
Clerk of the Board
By:____________________________
Deputy
APPROVED AS TO FORM:

Minh C. Tran
County Counsel
By:____________________________
Amrit P. Dhillon
Deputy County Counsel
Item Title: 10.18
Agreement

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Powers

Authority

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Animal Shelter Services
Item Page Number: 17

Menifee Mayor and City Council
July 16, 2025
Page
455 of 2087

CITY OF CANYON LAKE
By:______________________________ Date:_______________________ Mayor
ATTEST:

By:______________________________ Date:_______________________ City Clerk
Approved as to form:

By:______________________________
City Attorney
Item Title: 10.18
Agreement

Amendment

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the

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Powers

Authority

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Financing

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Animal Shelter Services
Item Page Number: 18

Menifee Mayor and City Council
July 16, 2025
Page
456 of 2087

CITY OF LAKE ELSINORE
By:______________________________ Date:_______________________ Mayor
ATTEST:

By:______________________________ Date:_______________________ Deputy
[Seal] Approved as to form:

By:______________________________
City Attorney
Item Title: 10.18
Agreement

Amendment

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Powers

Authority

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Financing

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Animal Shelter Services
Item Page Number: 19

Menifee Mayor and City Council
July 16, 2025
Page
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CITY OF TEMECULA
By:______________________________ Date:_______________________ Mayor
ATTEST:

By:______________________________ Date:_______________________ City Clerk
Approved as to form:

By:______________________________
City Attorney
Item Title: 10.18
Agreement

Amendment

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Powers

Authority

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Financing

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Animal Shelter Services
Item Page Number: 20

Menifee Mayor and City Council
July 16, 2025
Page
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CITY OF MURRIETA
By:______________________________ Date:_______________________ Mayor
ATTEST:

By:______________________________ Date:_______________________ City Clerk
[Seal] Approved as to form:

By:______________________________
City Attorney
Item Title: 10.18
Agreement

Amendment

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the

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Powers

Authority

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Financing

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Animal Shelter Services
Item Page Number: 21

Menifee Mayor and City Council
July 16, 2025
Page
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CITY OF WILDOMAR

By:______________________________ Date:_______________________

Mayor

ATTEST:

By:______________________________ Date:_______________________ Deputy

[Seal] Approved as to form:

By:______________________________

City Attorney

Item Title: 10.18
Agreement

Amendment

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Powers

Authority

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Financing

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Animal Shelter Services
Item Page Number: 22

Menifee Mayor and City Council
July 16, 2025
Page
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CITY OF MENIFEE

By:______________________________ Date:_______________________ Mayor

ATTEST:

By:______________________________ Date:_______________________

Deputy

[Seal] Approved as to form:

By:______________________________

City Attorney

Item Title: 10.18
Agreement

Amendment

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Powers

Authority

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Animal Shelter Services
Item Page Number: 23

Menifee Mayor and City Council
July 16, 2025
Page
461 of 2087

ATTACHMENT A

MAP OF SCFA SERVICE AREA
(BEHIND THIS PAGE)

Item Title: 10.18
Agreement

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Animal Shelter Services
Item Page Number: 24

Menifee Mayor and City Council
July 16, 2025
Page
462 of 2087

Item Title: 10.18
Agreement

Amendment

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Animal

Services

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Powers

Authority

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Southwest

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Financing

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Animal Shelter Services
Item Page Number: 25

Menifee Mayor and City Council
July 16, 2025
Page
463 of 2087

WHEN DOCUMENT IS FULLY EXECUTED RETURN
CLERK'S COpy
to RiversideCounty Clerk of theBoard,Stop 1010
PostOffice Box 1147,Riverside,Ca92502-1147
Thankyou.

FOURTH AMENDED AND RESTATED JOINT POWERS AGREEMENT BETWEEN I THE COUNTY OF RIVERSIDE;
THE CITY OF CANYON LAKE; THE CITY OF LAKE ELSINORE;
THE CITY OF MURRIETA; THE CITY OF TEMECULA;
THE CITY OF WILDOMAR; AND THE CITY OF MENIFEE;

FOR THE

SOUTHWEST COMMUNITIES FINANCING AUTHORITY
(Animal Shelter)
This fourth amended and restated Joint Powers Agreement ("Agreement"), is made and entered into this 1st day of November, 2020 ("Effective Date") by and between the County of Riverside (hereafter referred to as "COUNTY"), and the City of Canyon Lake ("Canyon Lake"); City of Lake Elsinore ("Lake Elsinore"); City of Murrieta ("Murrieta"); City of Temecula ("Temecula"); and City ofWildomar ("Wildomar"); andCity ofMenifee ("Menifee"), individually as "City" or "Party", and collectively, the "Cities" or "Parties", each body being abody corporate and politic of the State of California, or public entities or political subdivision of the State of California.

RECITALS:

WHEREAS'i COUNTY; Canyon Lake; Lake Elsinore; Murrieta; Temecula; and Wildomar; have mutual interests in the continued operation of an animal shelter located within the geographic area common to all Parties within the geographic boundaries, attached hereto and incorporated here by this reference as Attachment A, in compliance with State laws and regulations; and
WHEREAS, the Board of Directors ("Board") of the Southwest Communities Financing Authority ("SCFA") approved that certain Joint Powers Agreement, dated November 30, 2004, between COUNTY, Lake Elsinore, Canyon Lake, Munieta, and Temecula for the purpose of constructing an animal shelter in the southwest portion of the County of Riverside; and WHEREAS, the Board of SCFA approved that certain Second Amended and Restated Joint Powers Agreement, dated January 29, 2008, between COUNTY, Lake Elsinore, Canyon Lake, Murrieta, and Temecula;
WHEREAS, the Board of SCFA approved that certain Third Amended and Restated Joint Powers Agreement, dated November 2,2010, between COUNTY, Lake Elsinore, Canyon Lake, Page1of14
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Murrieta, Temecula, and Wildomar, accepting Wildomar as a JPA member; and WHEREAS, ,itis the interest and desire of the Parties to amend and restate that certain Third Amended and Restated Joint Powers Agreement to continue SCFA as a Joint Powers Agency, separate and apart from the Parties hereto, as hereinafter described and set forth, which entity shall set about the task of accomplishing the purpose of this Agreement in a manner most capable of promoting the greatest public good and welfare; and WHEREAS, the Parties now desire to accept Menifee as amember of SCFA; and WHEREAS, the Parties hereto are each empowered by law to provide for the animal shelter needs to eligible residents ofeach City either directly, orbycontract orsimilar arrangement; NOW, THEREFORE, in consideration of the above recitals, of the mutual promises and agreements herein contained and for other valuable consideration, the parties hereto agree as follows:

SECTION 1.PURPOSE
This Joint Powers Agreement (hereinafter referred to as "Agreement") ismade pursuant to the provisions of Article 1,Chapter 5, Division 7 of Title 1 (commencing with Section 6500) of the California Government Code, (hereinafter referred to as the "Act") for the express purpose of constructing and housing animals, alsoknown as operating an animal shelter, to serve residents of the Parties hereof. Additionally, this Agreement shall permit the financing of public capital improvements and those purposes permitted under the Marks-Roos Local Bond Pooling Act of 1985, being Article 4, Chapter 5, Division 7 of Title 1 (commencing with Section 6584) of the California Government Code (the "Bond aw"). It is the intent of this Agreement that none of the decisions regarding field service boundaries or levels of service for animal control for each of the Cities shall be affected by the creation of this JPA, or by membership in this JPA.

The purpose of this Agreement shall be accomplished and the common powers of the parties hereto exercised in the manner hereinafter set forth.

SECTION 2. CREATION OF AUTHORITY
Pursuant to fheAct and the Bond Law, there is hereby created apublic entity to be known as the Southwest Communities Financing Authority ("SCFA"). SCFA shall be a public entity, separate and apart from the parties hereto, and as provided by law and not otherwise prohibited by this Agreement, shall be empowered to take such actions as may be necessary or desirable to Page2of 14
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implement and carry put the purpose of this Agreement.

SECTION 3. TERM
This Agreement shall become.as of the Effective Date (defined above) and shall continue in full force and effect until terminated as provided in Section 4 below.

SECTION 4. TERMINATION AND AMENDMENTS
a. The Parties hereto may amend this Agreement by mutual written consent. b. The Parties hereto rnay terminate their participation in the Joint Powers Authority and this Agreement as provided herein.
c. If SCFA has incurred no obligations, each Party may terminate this Agreement by giving not less than sixty (60) days written notice thereof to the all other parties. d. If SCFAhas acquited any indebtedness, fiscal obligation, and/or anyproperty, each Party hereto may terminate this Agreement by giving twelve (12) months written notice thereof to all other Parties subject tothe provisions of Sections 4(e) and 4(f) herein. e. This Agreement cannot be terminated until all forms of indebtedness, and/or fiscal obligation incurred by SCFA have been paid, or adequate provision for such payment shall have been made. f. In the event the Agreement is terminated, any property acquired by SCFA from the Effective Date of this Agreement, including but not limited to money, shall be divided and distributed between the Parties in proportion to the contributions made, including contributions made as provided in Section 10below, unless otherwise required by law.

SECTION 5. POWERS AND DUTIES OF SCFA
SCFA shall pave the powers common to the Parties to this Agreement to:

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Exercise those powers enumerated in the Act and Bond Law as the same as now exists or as may hereinafter be amended;
Do all acts necessary or convenient to the exercise of the foregoing and to accomplish the purposes of this Agreement, including but not necessarily limited to the following:
to make and execute all contracts, agreements, and documents including, without limitation, agreements with anyof theParties tothis Agreement, other local governments, agencies or departments, the State of California, the United States of America, or agencies thereof, or any entity, person or corporation of any kind or nature whatever; to employ agents, servants and employees;
to acquire, hold and dispose of property, both real and personal; to acquire, construct, maintain, manage, operate and lease buildings, works and improvements;
to accept gifts;
to sue and be sued in its own name;
to apply for and receive any available federal, State and/or local grants; to employ legal counsel;
to employ consultants;
to adopt abudget;
to incur debts, liabilities and obligations;
to establish a treasury for the deposit and disbursement of funds and monies, according to the policies and procedures set forth in this Agreement; to invest any money held in the treasury that is not required for immediate necessities of SCFA, as SCFA determines is advisable, in the same manner and upon the same conditions as local agencies pursu4illtto Section 52601 of the California Government Code; and toissuebonds andother evidences ofindebtedness forthe construction ofananimal shelter, and the consent of the Governing Board of each member to participation in this Joint Powers Authority shallbe deemed consent forthe issuance ofbonds by SCFA, asrequired under California Government Code Sections 6500 et seq. and the Bond Law.

The listing ofthe above acts is not intended to indicate any priority of one act over another.

Nor is such listing i~tended to be inclusive, and other acts may be done in the accomplishment of the purposes of this Agreement as are authorized. One or several acts may take place concurrently or in sequence.

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SECllION 6. CREATION OF THE BOARD OF DIRECTORS
a. Governance of SCFA by the Board of Directors. In order to effectuate the purposes of this Agreement as set forth herein, SCFA shall be governed by aBoard of Directors (hereinafter called the "Board"), and all of the powers of SCFA shall be exercised by the Board b. Membership. The Board shall be composed of the following members from the Parties:

One (1) memper of the Board of Supervisors of Riverside County; One (1) member of the City Council of the City of Canyon Lake; One (1) memper of the City Council of the City of Lake Elsinore; One (1) member of the City Council of the City of Murrieta; One (1) member of the City Council of the City of Temecula; One (1) member of the City Council of the City of Wildomar; One (I) member of the City Council of the City of Menifee. c. Designation of Members. Members shall serve on the Board during the term for which they areI a member of the Bdard of Supervisors, or a member of the City Council from which they are appointed. A member's position on the Board shall automatically terminate if the term of the elected public office of such member is terminated.
d. Reimbursement. The Board may provide for reimbursement of reasonable expenses incurred in connection with a member's service on the Board.
e.Quorum and Transaction of Business. Four (4) members of the Board shall constitute aquorum.

A vote offour (4) of the members present shall be required to take action, except for adjournment of a meeting which shall require only a majority of those present. No proxy or absentee voting

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shall be permitted.
f.Meetings. The Board shall establish the time and place for itsregular and special meetings. TheI dates, hour and location of regular meetings shall be fixed by formal action of the Board. The Board shall hold at least one (1) regular meeting every calendar year. Special meetings and adjourned meetings may be held as required or permitted by applicable law. g. Ralph M. Brown Act. All meetings of the Board, including, without limitation, regular, special and adjourned meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code).
h. Rules. The Board may adopt, from time to time, such rules and regulations for the conduct of its meetings and activities as it may deem necessary. In the absence of specific rules for SCFA meetings, the rules of the Board of Supervisors shall be applicable for the conduct of meetings of SCFA.

SECTION 7. FISCAL OBLIGATIONS OF THE PARTIES
Itis the intent of the Parties as members of SCFA that the following fiscal obligations shall be agreed upon for an Parties to this Agreement:
a. Debt repayment of any bonds issued by SCFA shall be paid by each Party based on the percentage of animals housed at the facility, on an annual basis. b. Administration costs of the SCFA shall be borne equally between each Party and may include, but not be limited to, stipends, legal fees, audit, costs, administrative fee, mileage reimbursement. c. Operation of animal shelter shall be paid by each Party based on the percentage of animals housed at the facility, on an annual basis.
d. Determination of the percentages for sub-sections (a) and (c) shall be made on an annual basis in January based on the usage information received for the preceding calendar year. The percentages shall be designated for calculation starting July Ist of that same calendar year. No Party shall divert any animals within its custody, care or control, including those held onbehalf of

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a Party under contracted services with an animal control or humane society provider, that are located within the SCFA's geographic boundaries (as reflected in attached Attachment A) from being housed at SCFIA'sanimal shelter facility contemplated under this Agreement unless said facility lacks the capacity to accept the animal(s) in question or where the SCFA has granted express written consent for the animal(s) in question to be diverted to another animal shelter facility.
e.Annexations of any areaby any Party shall result inthat Party assuming fiscal responsibility for the area annexed. The additional annexation shall result in are-calculation of percentages of (a) and (c).
f. Incorporation of apy geographic area served by SCFA, and in the event of the new city not joining asamember in SCFA, COUNTY shall reserve the ability to contract directly with the new city for animal services,
g. Any Party withdrawing from SCFA agrees to payment of the current percentage of the following:

After the issuance of bonds, the Party agrees to payment of the party's current percentage of the amount of the outstanding bonds.

Anyunpaid portion ofthe administrative costs of SCFA, calculated up tothe effective date of termination of participation in SCFA of the Party.

Any unpaid portion of the operation costs of the animal shelter, calculated up to the effective date of termination of participation in SCFA of the Party.

SECTION 8. OFFICERS AND EMPLOYEES
Chairperson and Vice Chairperson. The Board may select a chairperson and a vice chairperson from among its members at its first meeting, and annually thereafter. The term of the Chairperson and Vice Chairperson, when selected in this manner, shall be for two (2) years.

In the event that the Chairperson or Vice Chairperson so elected resigned from such office or ceases to be a member of the Board, the resulting vacancy shall be filled at the next regular meeting of the Board. In the absence or inability of the Chairperson to act, the Vice Chairperson shall act as Chairperson. The Chairperson, or in the Chairperson's absence, the Vice Chairperson, Page7of14
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shall preside at and conduct all meetings of the Board.

Treasurer. The Treasurer of the County of Riverside shall be and shall act as the Treasurer of SCF A. The Treasurer shall have the custody of SCFA's money and disburse SCFA funds pursuant to the accounting procedures of the County of Riverside. The Treasurer shall assume the duties described in Section 6505.5 of the California Government Code, namely: receive and receipt for all money of SCFA (with the exception of any bond proceeds which shall be deposited with the Trustee bank) and place it in the Treasury of the Treasurer to the credit of SCFA; be responsible upon an official bond as prescribed by the Board for the safekeeping and disbursement of all Agency money so held; pay, when due, out of money of SCFA so held, all sums payable, only upon warrants of the officer performing the functions of the Controller who has been designated by SCFA or the Board; verify and report in writing in conjunction with the annual audit of SCFA and to the Parties to this Agreement the amount of money held for SCFA, the amount of receipts since the last report, and the amount paid out since the last report; and perform such other duties as are set forth in this Agreement or specified by the Board.

Any and all funds of the SCFA shall not be commingled with any other funds held by the Treasurer.

Controller. The Auditor/Controller of the County of Riverside shall be the Controller of SCFA.

The Controller shall draw warrants to pay demands against SCFA when such demands have been approved by the Board or by any other person authorized to so approve such by this Agreement or by resolution of the Board. The Controller shall perform such duties as are set forth in this Agreement and such other duties as are specified by the Board.

There shall be strict accountability of all funds and reporting of all receipts and disbursements. The Controller shall establish and maintain such procedures, funds and accounts as may be required by sound accounting practices. The books and records of SCFA in the hands of the Controller shall be open to inspection at all reasonable times by representatives of the parties to this Agreement.

Program Administrator. The Executive Officer for the County of Riverside, or designee, shall be the Program Administrator for SCFA. The Program Administrator, or designee, shall direct the day-to-day operation of SCFA. The Program Administrator shall serve subject to the Board's policies, rules, regulations and instructions, and shall have the powers described in this Agreement and those delegated and assigned by the Board, including, without limitation:
to appoint, remove and transfer employees of SCFA, including management level officers, subject to the conditions of employment of these individuals as employees of SCFA, except for

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the Treasurer, Controller and Attorney of SCFA and such others as the Board may designate; to enforce all orders, rules and regulations adopted by the Board relating to the regulation, operation, or control of funds, facilities, properties and apparatus of SCFA; to authorize expenditures whenever the Board shall have approved and authorized any work, improvement or task and shall have budgeted or appropriated the necessary money therefore; and
to have custody of and accountability for all property ofSCFA except money. The Program Administrator, with the approval of the Board, shall contract with an independent certified public accountant or firm or certified public accountants to make an annual audit of the accounts and records of SCFA, and a complete written report of such audit shall be filed as public records annually, within six (6) months of the end of the fiscal year under examination, with each of the Parties to this Agreement. Such annual audit and written report shall comply with the requirements of Section 6505 of the California Government Code. The cost of the annual audit, including contracts with, or employment of such independent certified public accountants in making an audit pursuant to this Agreement shall be a charge against funds of SCFA available for such purpose.

The Board, by unanimous vote, may replace the annual audit with a special audit covering a two year period.

Assistant Program Administrator. The Board may appoint anAssistant Program Administrator, who shall be a person employed by any member agency of SCFA other than the County of Riverside, who is assigned to such duties for SCFA. The Assistant Program Administrator shall, with the consent of theProgram Administrator, assist the Program Administrator in carrying out the direction of the day-to-day operation of SCFA. The Assistant Program Administrator shall serve subject to the Board's policies, rules, regulations and instructions, and shall have the powers described in this Agreement pertaining to the position of Program Administrator and those delegated and assigned by the Board.

Attorney for SCFA. The offices of the Riverside County Counsel, or counsel as retained directly by SCFA shall be the attorneys for SCFA. The Board may employ by contract or otherwise, specialty counsel.

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SECTION 9. EXECUTIVE MANAGEMENT COMMITTEE
There shall be an Executive Management Committee established consisting of the County Executive Officer, or designee of COUNTY, and City Managers, or designees of CANYON LAKE, LAKE ELSDfORE, MURRIETA, TEMECULA, WILDOMAR, MENIFEE, and any other member citywho mayjoin SCFA. The Executive Management Committee shall meet asnecessary to review the operations and business of SCFA.

SECTION 10.REIMBURSEMENT
Officers and employees of the Parties (excepting members of the Board) designated inthis Agreement to provide services for SCFA shall be reimbursed by SCFA for their actual costs of providing such services. In addition, additional services provided by officers and employees of the parties pursuant to contracts with SCFA shall be reimbursed as provided by the contracts. All reimbursements by ~CFA shall be made after receiving an itemized billing for services rendered.

SECTION 11. FISCAL YEAR
The fiscal year of SCFA shall be the period commencing July 1of each year and ending on and including the following June 30.

SECTION 12. CONTRIBUTIONS BY THE PARTIES
The Parties to this Agreement may provide contributions in the form of public funds and/or in kind services, equipment, furnishings, office space and other kinds of property which may be reasonably necessary for SCFA to accomplish the purposes of this Agreement.

SECTION 13.EMPLOYEES OF SCFA
Riverside County Employees. There shall be no individuals directly employed by SCFA. "Employees" for the purposes of indemnification and defense provisions herein shall mean all persons employed by Riverside County, or any Party, and assigned to duties for SCFA.

Indemnification and Defense of Employees. With respect to any civil claim or action against any

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Director, Officer, Employee, Board Member, Committee Member, or a person who formerly occupied such position, for an injury arising out of an act or omission occurring within the scope of such person's duties, SCFA shall indemnify, hold harmless and defend such person to the full extent permitted or required under applicable sections of the California Government Code.

Nothing herein shall be construed to require SCFA to indemnify and hold harmless any Director, Officer, Employee, Board Member, Committee Member, or a person who formerly occupied such position, if SCFA has elected to conduct the defense of such person( s) pursuant to an agreement reserving SCFA's rights not to pay a judgment, compromise or settlement until it is established that the injury arose out of an act or omission occurring within the scope of his or her duties with SCFA.

The following definitions shall apply to SCFA:
"Directors" shall include the following: Members of the Governing Board of Directors of SCFA, Program Administrator, and the Assistant Program Administrator. "Officers" shall include all individuals who are defined in "Directors" herein, the Treasurer, Controller, and Attorney(s) for SCFA as defined herein. "Employees" shall mean all persons employed by Riverside County, or any other member agency, and assigned to duties for SCFA.
"Committee [Members"shall mean all persons appointed by the Governing Board to any advisory committee or committees of SCFA, all persons appointed by the Program Administrator to any advisory committee or committees of SCFA.

SECTION 14. LIABILITIES
SCFA shall account separately for all funds collected or disbursed for each Party to this Agreement. It is the intent of the Parties, to the extent permitted by law, that the liabilities of each Party for the animal shelter services provided to that Party's members shall not become a liability of any other Party to this Agreement.

The debts, liabilities and obligations of SCFA shall be the debts, liabilities and obligations of SCFA alone, and not of the Parties to this Agreement.

SCFA shall indemnify, defend and hold harmless each Party to this Agreement from and

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against any and all liabilities, debts, claims, demands or costs (including but not limited to attorney's fees) arising, or alleged to arise as a result of SCFA's operation or failure to operate.

SECTION 15.NOTICES
Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or upon deposit into the U.S. Mail, first class, postage prepaid to:

RIVERSIDE COUNTY
Executive Office
County Administrative Center, 4080 Lemon Street, 4th Floor Riverside, CA 92501 Attn: Deputy County Executive Officer -Finance
CITY OF C~NYON LAKE
31516 Railroad Canyon Road, Canyon Lake, CA 92587
Attn: City Manager

CITY OF LAKE ELSINORE
130 South Main Street, Lake Elsinore, CA 92530I
Attn: City Manager

CITY OF MURRIETA
24601 Jefferson Avenue, Murrieta, CA 92562
Attn: City Manager

CITY OF TEMECULA
43200 Business Park Drive, P.O. Box. 9033 Temecula, CA 92589 Attn: City Manager

CITY OF WILDOMAR
23873 Clinton Keith Road, Suite 201
Wildomar, GA 92595
Attn: City Manager
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CITY OF MENIFEE
29844 Haun Road
Menifee, CA 92586
Attn: City Manager
SECnON 16. OTHER AGREEMENTS NOT PROHIBITED
Other agreements by and between the Parties to this Agreement or any other entity are neither prohibited normodified in anymanner by execution of this Agreement.

SECTION 17. SEVERABILITY
If any section, clause or phrase of this Agreement or the application thereof to any Party or any other person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, it shall be deemed severable and the remainder of this Agreement or the application of suchprovision tothe other Party orother persons or circumstances shallnot be affected thereby.

SECTION 18. NONASSIGNABILITY
The rights, titles and interests of anyParty tothis Agreement shall not be assignable or transferable without the written consent ofthe Boardof Supervisors for Riverside County andthe City Councils of any of the other Parties to this Agreement.

SECTION 19.MISCELLANEOUS
Section Headings. The section headings herein are for convenience of the Parties only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement.

Laws of California. This Agreement ismade in the State of California, under the Constitution and laws of such State, and shall be construed and enforced in accordance with the laws of the State of California.

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Construction of Language. It is the intention of the Parties hereto that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid.

Cooperation. The Parties tothis Agreement recognize the necessity and hereby agree to cooperate with each other in carrying out the purposes of this Agreement including cooperation in manners relating to the public, accounting, litigation, public relations and the like.

Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties hereto.

Publication Rights. Each Party to this Agreement shall have the right to duplicate, at its own expense, any and all documents and reports created or acquired, in the joint exercise of powers hereunder by the Board orby any other Party hereto pursuant to this Agreement.

Government Code Section 6509 Designation. The laws of the State of California applicable to the COUNTY, as a general lawcounty, shall govern the SCFA inthe manner of exercising itspowers, subject, however, to such restrictions as are applicable to said county in the manner of exercising such powers, asreq~ired by California Government Code Section 6509. [Signature to Follow]

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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested to by their proper officers thereunto duly authorized as of the date first above written.

COUNTY OF RIVERSIDE
apolitical subdivisidn of the
State of California
By: Y.A._) {;;.V. Manuel Perez, Chai~'
Board of Supervisors
ATTEST:

Kecia R.Harper .-;
Clerk of the Board ,
-,
APPROVED AS roFORM:

Gregory P. Priamos
County Counsel
By. ~
Amrit:iOIl
Deputy County Counsel
S1
Item Title: 10.18
Agreement Amendment with the Animal Services Joint Powers Authority for the Southwest Communities Financing Authority - Animal Shelter Services Item Page Number: 40

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Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

-
Animal Shelter Services
Item Page Number: 41

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July 16, 2025
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DocuSign Envelope ID: E5F67884-33D3-4A6D-B8AC-CC8698EB80AB Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

-
Animal Shelter Services
Item Page Number: 42

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July 16, 2025
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Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

-
Animal Shelter Services
Item Page Number: 43

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CITY OF MURRIETA

By:______________________________ Date:_______________________ Gene Wunderlich, Mayor

ATTEST:

By:______________________________ Date:_______________________ Stephanie D. Smith, City Clerk

Approved as to form:

By:______________________________
Leslie E. Devaney, City Attorney

DocuSign Envelope ID: E288CAC9-6468-41D4-B02A-3A54F35D2587 October 27, 2020
October 27, 2020
Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

-
Animal Shelter Services
Item Page Number: 44

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July 16, 2025
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CITY OF WILDOMAR

By:______________________________ Date:_______________________ Mayor, City Council

ATTEST:

By:______________________________ Date:_______________________ Deputy

[Seal] Approved as to form:

City Attorney

By:______________________________

DocuSign Envelope ID: 858E4DA3-0F21-4975-9C53-47B3BD659626 10/21/2020
Acting City Clerk
10/16/2020
Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

-
Animal Shelter Services
Item Page Number: 45

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July 16, 2025
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DocuSign Envelope ID: BECC49E8-E58C-46DF-9ADA-5255CFC9A626 10/28/2020
10/28/2020
Item Title: 10.18
Agreement

Amendment

with

the

Animal

Services

Joint

Powers

Authority

for

the

Southwest

Communities

Financing

Authority

-
Animal Shelter Services
Item Page Number: 46

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July 16, 2025
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ATTACHMENT A

MAP OF SCFA SERVICE AREA
(BEHIND THIS PAGE)
Item Title: 10.18
Agreement Amendment with the Animal Services Joint Powers Authority for the Southwest Communities Financing Authority - Animal Shelter Services Item Page Number: 47

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L~keview
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Item Title: 10.18
Agreement Amendment with the Animal Services Joint Powers Authority for the Southwest Communities Financing Authority - Animal Shelter Services Item Page Number: 48

Menifee Mayor and City Council
July 16, 2025
Page
486 of 2087

CITY OF MENIFEE
SUBJECT: Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Crystal Nguyen, Senior Engineer
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 a Landscape Improvement Agreement and bonds to guarantee the completion of required public streetscape improvements associated with Talavera, by KB Home Coastal, Inc, located on the northeast corner of Rouse Road and Dawson Road, west of Antelope Road.

DISCUSSION
Tract Map 29777 (TM29777), also known as Talavera (“Project”), is a proposed subdivision of

63.50 gross acres of land into 181 lot single family residential use. The Project is located at the northeast corner of Rouse Road and Dawson Road, west of Antelope Road.

KB Home Coastal, Inc. (“Developer”), is now requesting the approval of a Landscape Improvement Agreement (“Agreement”) and bonds as required by the Project’s conditions of approval. The Agreement requires that the improvement bonds are posted to guarantee the completion of the required improvements within 24 months from the date of City Council approval.

Staff has reviewed the Developer’s request and determined that the Agreement meets the requirements of the Project’s conditions. A summary of the bond being posted to guarantee the required improvements is shown in Table 1 below.

TABLE 1- TM29777 TALAVERA LANDSCAPE IMPROVEMENTS
Improvement Security Faithful Performance Labor & Materials Landscape 0200145 $ 438,000 $ 438,000
Total $ 438,000 $ 438,000
Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 1

Menifee Mayor and City Council
July 16, 2025
Page
487 of 2087

City of Menifee Staff Report
Talavera – Landscape Improvement Agreement
July 16, 2025

Page 2 of 2 ends

2 7
4 6

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees associated with review of the Agreement and bonds. Upon completion of the improvements, and subsequent acceptance by the City, ongoing maintenance costs for the improvements would be supported through future fiscal year budgets in maintenance Community Facilities District 2015-2, Annexation No. 6.

ATTACHMENTS

1. Project Map

2. Agreement

3. Bond
Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 2

Menifee Mayor and City Council
July 16, 2025
Page
488 of 2087

P r o je c t M a p
S o u r c e s : E s r i, M a x a r , A ir b u s D S , U S G S , N G A , N A S A , C G I A R , N R o b in s o n , N C E A S , N L S , O S , N M A , G e o d a t a s t y r e ls e n , R ijk s w a t e r s t a a t , G S A , G e o la n d , F E M A , I n t e r m a p , a n d t h e G I S u s e r c o m m u n it y M a jo r R o a d s
5 / 3 0 / 2 0 2 5 , 4 : 1 0 : 1 6 P M
0 0 . 1 0 . 20 . 0 5 m i
0 0 . 2 0 . 40 . 1 k m
1 : 9 , 0 2 8
C it y S t a f f
E s r i, N A S A , N G A , U S G S , F E M A | E s r i C o m m u n it y M a p s C o n t r ib u t o r s , L o m a L in d a U n iv e r s it y , C o u n t y o f R iv e r s id e , C a lif o r n ia S t a t e P a r k s , © O p e n S t r e e t M a p , M ic r o s o f t , E s r i, T o m T o m , G a r m in ,

ROUSE RD

DAWSON RD

ANTELOPE RD
McLAUGHLIN RD

PROJECT MAP
TR29777 TALAVERA

ANTELOPE RD
Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 3

Menifee Mayor and City Council
July 16, 2025
Page
489 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 4

Menifee Mayor and City Council
July 16, 2025
Page
490 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 5

Menifee Mayor and City Council
July 16, 2025
Page
491 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 6

Menifee Mayor and City Council
July 16, 2025
Page
492 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 7

Menifee Mayor and City Council
July 16, 2025
Page
493 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 8

Menifee Mayor and City Council
July 16, 2025
Page
494 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 9

Menifee Mayor and City Council
July 16, 2025
Page
495 of 2087

PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Landscape $ 437,983.00 $ $
Total 437,983.00 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do include additional 20% for bonding prior to having signed plans (Ordinance460, Section 10.3E).

Signature Date
Name Typed or printed RLA# Exp. Date
Landscape Architect's Stamp

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amounts.

3. For Construction items not covered by "The City of Menifee Improvement Requirements Worksheet", Landscape Architect is to provide his opinion of construction cost and use that cost. If City of Menifee Unit Costs are determined to be too low, in the opinion of the Landscape Architect, the higher costs as provided by the Landscape Architect should be used.
43,800.00

LANDSCAPE ACHITECT'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
Construction Costs) Construction Costs)
438,000.00 438,000.00
438,000.00 438,000.00

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (100% of Estimated
IP16-003I

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
TR 29777 1/21/2025
01-21-2025
6294 - 6-30-2026

GUILLERMO GONZALEZ
06-30-2026
01-21-2025
Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 10

Menifee Mayor and City Council
July 16, 2025
Page
496 of 2087

PROJECT NAME: BASIN OS LOT 176 & ANTELOPE RD. (DELTA 3) PROJECT CITY: MENIFEE, CA
ESTIMATED BY: Guillermo Gonzalez
DATE: 01/21/2025 IP 16-003L
ITEM # BASE BID ITEM QTY. UNIT PRICE TOTAL

1.00 MOBILIZATION

1.01 CONTRACTORS MOBILIZATION (TO BE CALCULATED FROM PROJECT

GRAND TOTAL)
1 LS 35432 35,432.00$
SUBTOTAL 35,432.00$

2.00 GRADING AND EARTHWORK

2.01 SOIL PREPARATION AND FINE GRADING (IRRIGATED AREA + NON-

IRRIGATED HYDROSEED AREA)
36125 SF 0.50$ 18,062.50$
SUBTOTAL 18,062.50$

3.00 PAVING AND CONSTRUCTION MATERIAL

3.01 8"-12" RIP-RAP 120 SF 6.00$ 720.00$

3.02 6' HIGH TUBULAR STEEL FENCING 365 LF 70.00$ 25,550.00$

3.03 6' HIGH X 10' WIDE TUBULAR STEEL GATE 1 EA 1,500.00$ 1,500.00$

3.04 4" THICK STABILIZED DECOMPOSED GRANITE 141 SF 4.00$ 564.00$ SUBTOTAL 28,334.00$

4.00 LANDSCAPE EDGING

4.01 6" CONCRETE MOW CURB WITH LIGHT BROOM FINISH 646 LF 40.00$ 25,840.00$ SUBTOTAL 25,840.00$

5.00 IRRIGATION

5.01 FURNISH, INSTALL AND CONNECT TO ELECTRICAL SOURCE - CALSENSE

IRRIGATION CONTROLLER AND MOISTURE SENSOR WITH STAINLESS STEEL ENCLOSURE.
1 EA 9,000.00$ 9,000.00$

5.02 FURNISH AND INSTALL 2" MAXICLEAN SCREEN FILTER AND ENCLOSURE 1 EA 3,200.00$ 3,200.00$

5.03 FURNISH AND INSTALL IRRIGATION MASTER VALVE - SUPERIOR 3200150

AND PLASTIC VALVE BOX & FLOW SENSOR
1 EA 1,500.00$ 1,500.00$

5.04 FURNISH AND INSTALL NIBCO-T-FP-600ALF CLASS 125 BRONZE SHUT-

OFF/ISOLATION VALVE AND PLASTIC VALVE BOX
12 EA 300.00$ 3,600.00$

5.05 FURNISH AND INSTALL PRESSURE REGULATING VALVE AND PLASTIC VALVE BOX
1 EA 400.00$ 400.00$

5.06 FURNISH AND INSTALL REMOTE CONTROL VALVE AND PLASTIC VALVE BOX 13 EA 500.00$ 6,500.00$

5.07 FURNISH AND INSTALL DRIP ZONE MED/LOW FLOW KIT REMOTE

CONTROL VALVE AND PLASTIC VALVE BOX
4 EA 500.00$ 2,000.00$

5.08 FURNISH AND INSTALL 1" QUICK COUPLER VALVE IN PLASTIC VALVE BOX 9 EA 250.00$ 2,250.00$

5.09 FURNISH AND INSTALL TRUE UNION BRASS BALL VALVE AND PLASTIC

VALVE BOX
16 EA 200.00$ 3,200.00$

LANDSCAPE CONSTRUCTION ESTIMATE OF PROBABLE COST
ALBERT A. WEBB ASSOCIATES | 3788 MCCRAY STREET RIVERSIDE, CA 92506 Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 11

Menifee Mayor and City Council
July 16, 2025
Page
497 of 2087

5.1 SHRUB AREA POINT-TO-POINT DRIP IRRIGATION SYSTEM WITH FLUSH VALVES
8323 SF 6.00$ 49,938.00$

5.11 FURNISH AND INSTALL TREE POINT TO POINT DRIP 116 EA 25.00$ 2,900.00$

5.12 FURNISH AND INSTALL IRRIGATION 2" PVC SCH 40 MAINLINE WITH ALL FITTINGS AND AWG14 TRACER WIRE
1126 LF 10.00$ 11,260.00$

5.13 FURNISH AND INSTALL IRRIGATION LATERAL LINES (INCLUDING UVR) 4227 LF 8.00$ 33,816.00$

5.14 FURNISH AND INSTALL IRRIGATION MAIN SLEEVE 4" PVC W/ PULL BOX 34 LF 9.00$ 306.00$

5.15 FURNISH AND INSTALL EMWD RECYCLED WATER SIGNS 6 EA 75.00$ 450.00$

5.16 FURNISH AND INSTALL ATMOSPHERIC VACUUM BREAKERS 12 EA 100.00$ 1,200.00$

5.17 FURNISH AND INSTALL SPRAY SYSTEM (MP ROTATORS) 48 EA 60.00$ 2,880.00$

5.18 FURNISH AND INSTALL ROTOR SYSTEM ON FIXED RISERS & POP-UP 86 EA 80.00$ 6,880.00$ SUBTOTAL 141,280.00$

6.00 PLANTING

6.01 24" BOX TREE, STANDARD 29 EA 500.00$ 14,500.00$

6.02 5 GAL. SHRUB, STANDARD 470 EA 35.00$ 16,450.00$

6.03 FURNISH AND INSTALL ROOT BARRIER 192 LF 8.00$ 1,536.00$

6.04 1 GAL. SHRUB 2737 EA 15.00$ 41,055.00$

6.06 FURNISH AND INSTALL 3" THICK SHREADED BARK MULCH (IRRIGATED) 25616 SF 0.30$ 7,684.80$ SUBTOTAL 81,225.80$

7.00 MAINTENANCE

7.01 1 YR ESTABLISHMENT PERIOD 1 LS 12,000.00$ 12,000.00$ SUBTOTAL 12,000.00$
342,174$
68,435$
27,374$
437,983$
CM & INSPECTION (8%)
CONTINGENCY (20%)

ITEM TOTAL

GRAND TOTAL
ALBERT A. WEBB ASSOCIATES | 3788 MCCRAY STREET RIVERSIDE, CA 92506 Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 12

Menifee Mayor and City Council
July 16, 2025
Page
498 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 13

Menifee Mayor and City Council
July 16, 2025
Page
499 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 14

Menifee Mayor and City Council
July 16, 2025
Page
500 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 15

Menifee Mayor and City Council
July 16, 2025
Page
501 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 16

Menifee Mayor and City Council
July 16, 2025
Page
502 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 17

Menifee Mayor and City Council
July 16, 2025
Page
503 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 18

Menifee Mayor and City Council
July 16, 2025
Page
504 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 19

Menifee Mayor and City Council
July 16, 2025
Page
505 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 20

Menifee Mayor and City Council
July 16, 2025
Page
506 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 21

Menifee Mayor and City Council
July 16, 2025
Page
507 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 22

Menifee Mayor and City Council
July 16, 2025
Page
508 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 23

Menifee Mayor and City Council
July 16, 2025
Page
509 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 24

Menifee Mayor and City Council
July 16, 2025
Page
510 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 25

Menifee Mayor and City Council
July 16, 2025
Page
511 of 2087

Item Title: 10.19
Agreement and Bonds for Landscape Improvements, Tract Map 29777, Talavera by KB Home Coastal, Inc.

Item Page Number: 26

Menifee Mayor and City Council
July 16, 2025
Page
512 of 2087

CITY OF MENIFEE
SUBJECT: Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC
MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Amanda Backlund, Assistant 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 38346, Heritage Village, by Lennar Homes of California, LLC, located at the northwest corner of Rouse Road and Menifee Road; and

2. Approve and authorize the City Manager to execute a Subdivision Improvement Agreement to guarantee the completion of the required public improvements associated with Tract Map 38346.

DISCUSSION
Tract Map 38346 (TM38346), also known as Heritage Village (“Project”), is a proposed development of a 9.55-acre parcel for condominium purposes. The Project proposes 162 attached residential units with private roads, a private recreation center, and a private dog park. The Project is located at the northwest corner of Rouse Road and Menifee Road.

Lennar Homes of California, LLC (“Developer”) is now requesting approval and filing of the final map for TM38346 and approval of the associated Subdivision Improvement Agreement (“Agreement”) as required by the Project’s conditions of approval. The Agreement requires that improvement securities are posted to guarantee the completion of the required onsite and offsite improvements. The Agreement requires that public improvements be completed within 12 months from the date of City Council approval.

Staff have reviewed the Developer’s request and determined that the associated Agreement 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 Tables 1, 2, and 3 on the following page.

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 1

Menifee Mayor and City Council
July 16, 2025
Page
513 of 2087

City of Menifee Staff Report
Final Map 38346 Heritage Village
July 16, 2025

Page 2 of 2 ends

2 7
7 3
TABLE 1 – PUBLIC IMPROVEMENTS
Improvement Security Faithful Performance Labor & Materials Streets and Drainage SPA150818_031 $ 1,968,000 $ 1,968,000 Water System SPA150818_031 $ 44,500 $ 44,500
Recycled Water SPA150818_031 $ 106,500 $ 106,500
Sewer System SPA150818_031 $ 66,000 $ 66,000
Total $ 2,185,000 $ 2,185,000
TABLE 2 – LANDSCAPE IMPROVEMENTS
Improvement Security Faithful Performance Labor & Materials Landscape SPA150818_049 $ 313,000 $ 313,000
Total $ 313,000 $ 313,000
TABLE 3 – MONUMENT IMPROVEMENTS
Improvement Security
Survey Monuments SPA150818_034 $ 2,500
Total $ 2,500
The securities required for all improvements have been provided by the Developer in the total amount of $2,500,500.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The Developer has paid all necessary fees associated with the review of TM38346. Upon completion of the improvements, and subsequent acceptance by the City, ongoing maintenance costs for the improvements would be supported through future fiscal year budgets in maintenance Community Facilities District 2017-1 Annexation 29, Zone 29.

ATTACHMENTS

1. Project Map

2. Final Map

3. Agreement

4. Bond – Improvements

5. Bond – Landscape

6. Bond – Monuments
Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 2

Menifee Mayor and City Council
July 16, 2025
Page
514 of 2087

333-070-069
333-070-080

MENIFEE RD

BACK BAY DR

NORTH BAY LN

MATTHEWS RD

STEAMBOAT DR

UNNAMED

ROUSE RD

JUNIPERO RD
^_MENIFEE
RD

NEWPORT RD

ETHANAC RD

NORMANDY RD

SHERMAN RD

MURRIETA RD

MCLAUGHLIN RD

JUNO ST

LAZY CREEK RD CHAMPIONS DR

MONUM ENT PKWY

SUNCITYBLVD

CANNONDR
VALLEY
BLVD

GOLDENROD AVE

GEARY ST

ALD ERGATE DR

JUNIPERO RDASPEL RD

BARNETT RD
§¨¦215

CHAMBERS AVE
VELADR

POTOMAC DRLASFLORES DR
(MAINTENANCE SERVICES)
ANNEXATION NO. 29

PROJECT LOCATION MAP
TM38346 - HERITAGE VILLAGE
Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 3

Menifee Mayor and City Council
July 16, 2025
Page
515 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 4

Menifee Mayor and City Council
July 16, 2025
Page
516 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 5

Menifee Mayor and City Council
July 16, 2025
Page
517 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 6

Menifee Mayor and City Council
July 16, 2025
Page
518 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 7

Menifee Mayor and City Council
July 16, 2025
Page
519 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 8

Menifee Mayor and City Council
July 16, 2025
Page
520 of 2087

1 of 9

CITY OF MENIFEE

SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 38346

FOR THE CONSTRUCTION OF STREET, DRAINAGE, WATER, SEWER, STREETLIGHT, LANDSCAPE,

TRAFFIC SIGNAL, & MONUMENT IMPROVEMENTS

THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this _____________ day of ___________________________, 20 ___________, by and between Lennar Homes of California, LLC ., hereinafter referred to as "Subdivider," and the City of Menifee, a municipal corporation of the State of California, hereinafter referred to as "City." City and Subdivider may sometimes herein be referred to individually as a "party” and collectively as the “parties.”

RECITALS:

A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Tract map (the "Map") of a unit of land in the City of Menifee, County of Riverside, which unit of land is known as Tract No. 38346 (the "Tract") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the “Subdivision Laws.”

B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the requirements and conditions contained in Planning Commission Resolution No. 23-604 (the “Resolution of Approval”). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference.

C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements").

D. The Improvements have not been installed and accepted at this time.

E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. In consideration of approval of a final map for the Tract by the City Council, Subdiv ider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider’s own expense, all the public improvement work required by City in connection with the proposed Tract. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City.

NOW, THEREFORE, it is agreed by and between the parties hereto as follows:

1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer.

2. Improvements. Subdivider shall construct the Improvements required to be constructed or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described in Exhibit "A." attached hereto and expressly made a part hereof by this reference and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. Agreement and Securities for subdivision improvements are provided as follows:

Agreement for Tract # 38346 For the Construction of Street and Drainage, Water System, Sewer Improvements, and Streetlights executed January 2 8th, 2025 . Bond No. SPA150818_031 by SiriusPoint America Insurance Company, 1 World Trade Center, 285 Fulton Street, 47th Floor, New York, NY 10007. Faithful Performance Bond $2,185,000.

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 9

Menifee Mayor and City Council
July 16, 2025
Page
521 of 2087

2 of 9
Agreement for Tract # 38346 For the Installation of Final Map Monument Improvements, executed January 28th, 2025. Bond No. SPA150818_034 by SiriusPoint America Insurance Company, 1 World Trade Center, 285 Fulton Street, 47th Floor, New York, NY 10007 . Faithful Performance Bond $2,500.

Agreement for Tract # 38346 For the Installation of Landscape Improvements, executed February 19th, 2025. Bond No. SPA150818_049 by SiriusPoint America Insurance Company, 1 World Trade Center, 285 Fulton Street, 47th Floor, New York, NY 10007. Faithful Performance Bond $313,000.

3. Improvement Security . Subdiv ider shall at all times guarantee Subdivider’s performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows:

A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement (“Monumentation Security”). A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition precedent to City Council approval of the Map.

Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act.

As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured.

B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following:

1) A cash deposit with City or a responsible escrow agent or trust company, at City's option.

2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).

3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R -2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office).

4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 10

Menifee Mayor and City Council
July 16, 2025
Page
522 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 11

Menifee Mayor and City Council
July 16, 2025
Page
523 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 12

Menifee Mayor and City Council
July 16, 2025
Page
524 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 13

Menifee Mayor and City Council
July 16, 2025
Page
525 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 14

Menifee Mayor and City Council
July 16, 2025
Page
526 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 15

Menifee Mayor and City Council
July 16, 2025
Page
527 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 16

Menifee Mayor and City Council
July 16, 2025
Page
528 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 17

Menifee Mayor and City Council
July 16, 2025
Page
529 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 18

Menifee Mayor and City Council
July 16, 2025
Page
530 of 2087

PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Street/Drainage $ 1,967,830.79 $ $
*Flood Control $ 0.00 $ $
Dom Wtr $ 44,424.00 $ $
Rec Wtr $ 106,710.00 $ $
Sewer $ 65,916.00 $ $
Total 2,184,880.79 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do G do not G include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).

Signature Date
Michael R. Brendecke 83363 3.31.25
Name Typed or printed RCE# Exp. Date
Civil Engineer's Stamp
*Flood Control Construction Cost Estimate to be provided by Flood Control District. Provide a copy of Flood Control District letter stating cost estmate.

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on 2,185,000.00 2,185,000.00
218,500.00

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
44,500.00 44,500.00
106,500.00 106,500.00
66,000.00 66,000.00
Construction Costs) Construction Costs)
1,968,000.00 1,968,000.00

0.00 0.00

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (**100% of Estimated
IP-24-006S

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET
38346 1/17/2025
01/17/2025
Approved for bonding
1/21/25
A. Backlund
Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 19

Menifee Mayor and City Council
July 16, 2025
Page
531 of 2087

"City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.

3. For Construction items not covered by "The City of Menifee Improvement Requirements Worksheet", Design Engineer is to provide his opinion of construction cost and use that cost. If City of Menifee Unit Costs are determined to be too low, in the opinion of the design engineer, the higher costs as provided by the Design Engineer should be used.

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 20

Menifee Mayor and City Council
July 16, 2025
Page
532 of 2087

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

STREET AND DRAINAGE IMPROVEMENTS

UNIT
ROADWAY SECTION Area = S.F.

Excavation

2. Projects without a Grading Plan: Cut (c) = C.Y.

Fill (f) = C.Y.

C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 0.00
C.Y. $ 2.80 $ 0.00
TON $ 90.00 $ 193,140.00
Thickness in Feet (0.33' min.) =
C.Y. $ 50.00 $ 84,850.00
Thickness in Feet =
Ton 90.00 9,000.00
Ton $ 600.00 $ 1,226.82
L.F. $ 1.00 $ 5,954.00
S.F. $ 0.50 $ 0.00
S.Y. $ 0.60 $ 1,350.00
S.Y. $ 8.00 $ 0.00
L.F. $ 18.00 $ 990.00
L.F. $ 3.00 $ 0.00
L.F. $ 7.50 $ 0.00
L.F. $ 10.00 $ 0.00
EA. $ 250.00 $ 0.00
S.F. $ 0.90 $ 6,251.40
L.F. $ 14.00 $ 0.00
L.F. $ 16.00 $ 52,128.00
L.F. $ 16.00 $ 17,120.00
L.F. $ 16.00 $ 0.00
L.F. $ 12.00 $ 0.00
L.F. $ 10.00 $ 0.00
L.F. $ 15.00 $ 0.00
L.F. $ 15.00 $ 0.00
L.F. $ 8.00 $ 0.00
L.F. $ 10.00 $ 0.00
S.F. $ 10.00 $ 0.00
S.F. $ 6.00 $ 41,022.00
S.F. $ 6.00 $ 0.00
S.F. $ 6.00 $ 0.00
S.F. $ 8.00 $ 47,240.00
S.F. $ 6.00 $ 0.00P.C.C. Dip Section Std. 307
P.C.C. Cross Gutter and Spandrels
P.C.C. Sidewalk 6,837
P.C.C. Driveway Approach 5,905
P.C.C. Hardscape
P.C.C. 1' Concrete Banding
Wedge Curb Only
A.C. Dike (6")(incl. material & labor)
A.C. Dike (8")(incl. material & labor)
Curb and Gutter (Type A-8) 1,070
Type "C" Curb
Type "D-1" Curb
Type "D" Curb
Retained Curb
Relocate Mailbox
AC overlay (min. 0.10') 6,946
Curb (Type 8) 3,258
Remove A.C. Dike
Remove Chain Link Fence
Remove Barricade
Curb and Gutter (Type A-6)
Grinding A.C. , in place 2,250
Remove A.C. Pavement
Remove Curb and Gutter 55

0.83 Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals)

2.0 Sawcut Exist. A.C. Pavement 5,954
Cold Plane A.C. Pavement
Thickened Edge of Pavement 100
Asphalt Concrete (144 lbs/cu.ft) 2,146

0.54 Agg Base Class II 1,697
(a.) Excavate and Fill -
(b.) Excavate and Export -

ITEM

QUANTITY UNIT AMOUNT
COST
C.Y. $ 25.00 $ 690,100.00 Area x 0.50' (hinge point to hinge point) 55,207

1. Projects with Grading Plan for Roadway
27,604
(c.) Import and Fill -
Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 21

Menifee Mayor and City Council
July 16, 2025
Page
533 of 2087

EA. $ 1,500.00 $ 1,500.00
EA. $ 2,500.00 $ 0.00
L.F. $ 100.00 $ 0.00
L.F. $ 35.00 $ 0.00
L.F. $ 10.00 $ 0.00
L.F. $ 15.00 $ 0.00
L.F. $ 12.00 $ 0.00
EA. $ 1,000.00 $ 0.00
EA. $ 10,000.00 $ 20,000.00
EA. $ 5,000.00 $ 30,000.00
EA. $ 150.00 $ 0.00
EA. $ 400.00 $ 0.00
L.F. $ 20.00 $ 0.00
EA. $ 20.00 $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
S.F. $ 4.00 $ 27,576.00
S.F. $ 10.00 $ 0.00
EA $ 100.00 $ 0.00
S.F. $ 3.50 $ 0.00
C.Y. $ 27.00 $ 0.00
EA $ 7,000.00 $ 0.00
S.F. $ 10,000.00 $ 0.00
EA $ 3,000.00 $ 0.00
EA $ 5,000.00 $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
EA. $ 200.00 $ 0.00
EA. $ 300.00 $ 0.00
C.Y. $ 400.00 $ 0.00
EA. $ 500.00 $ 0.00
EA $ 2,000.00 $ 0.00
EA $ 2,000.00 $ 0.00
EA $ 2,000.00 $ 0.00
S.F. $ 6.50 $ 0.00
Flat Outlet Drainage Structure Std 303
Curb Outlet Drainage Structure Std 308
Terrace Drain & Down Drain
Cut Off Wall ( Std 2' )
A. C. Overside Drain
Under Sidewalk Drain Std 309

DRAINAGE
Concrete Bulkhead
Slope Anchors for Pipes
Remove trees
Trash Enclosure - City Std
Landscape Fill Material
Water Meter
Electric Meter
Colored Stamped Concrete & Banding
Street Trees ( 15 Gallon )
Landscape and Irrigation

LANDSCAPING
Maintenance Walk STD 113 6,894
Yard Drain Inlet
Adjust MH to Grade ( if no sewer plan )
Retaining Wall
Relocate Power Pole 2
Street Lights (including conduit) 6
Adjust Water Valve to Grade ( if no water plan )
Chain Link Fence ( 6' )
Relocate Fence
Pipe Gate
Barricades
Metal Beam Guard Railing
Utility Trench, one side (Edison, Telephone, Cable)
(total length of Streets)
ADA Access Ramp (w/ new construction) 1
ADA Access Ramp (in existing improvements)
Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 22

Menifee Mayor and City Council
July 16, 2025
Page
534 of 2087

S.F. $ 6.50 $ 0.00
C.Y. $ 400.00 $ 0.00
C.Y. $ 200.00 $ 0.00
C.Y. $ 80.00 $ 0.00
C.Y. $ 90.00 $ 0.00
C.Y. $ 100.00 $ 0.00
C.Y. $ 110.00 $ 0.00
C.Y. $ 100.00 $ 0.00
C.Y. $ 120.00 $ 0.00
C.Y. $ 130.00 $ 0.00
C.Y. $ 140.00 $ 0.00
L.F. $ 113.00 $ 0.00
L.F. $ 113.00 $ 17,176.00
L.F. $ 132.00 $ 0.00
L.F. $ 153.00 $ 0.00
L.F. $ 178.00 $ 0.00
L.F. $ 204.00 $ 0.00
L.F. $ 235.00 $ 0.00
L.F. $ 5.00 $ 0.00
L.F. $ 5.00 $ 0.00
L.F. $ 40.00 $ 0.00
L.F. $ 50.00 $ 0.00
L.F. $ 60.00 $ 0.00
L.F. $ 70.00 $ 0.00
L.F. $ 80.00 $ 0.00
L.F. $ 100.00 $ 0.00
EA. $ 2,500.00 $ 0.00
EA. $ 4,000.00 $ 0.00
EA. $ 7,500.00 $ 7,500.00
EA. $ 11,000.00 $ 0.00
EA. $ 14,500.00 $ 0.00
EA. $ 2,500.00 $ 0.00
EA. $ 3,500.00 $ 0.00
EA. $ 4,500.00 $ 4,500.00
EA. $ 5,000.00 $ 0.00
EA. $ 12,500.00 $ 0.00
EA. $ 12,500.00 $ 0.00
EA. $ 4,500.00 $ 0.00
EA. $ 5,000.00 $ 10,000.00
EA. $ 6,500.00 $ 0.00
EA. $ 2,700.00 $ 0.00
EA. $ 6,500.00 $ 0.00
C.Y. $ 400.00 $ 0.00
EA. $ 3,500.00 $ 0.00
EA. $ 20,000.00 $ 0.00
L.F. $ 200.00 $ 0.00
CY $ 30.00 $ 0.00
102" Perforated CMP
gravel bedding
Structural Reinforcement Concrete
Headwall for 36" or smaller storm drain
Contech Inline CDS Hydrodynamic Separator
Manhole No. 2
Manhole No. 3
Manhole No. 4
Transition Structure No. 2
Transition Structure No. 3
Manhole No. 1 2
Junction Structure No. 2 1
Junction Structure No. 6
Transition Structure No. 1
Catch Basin W=28'
Inlet Type IX or X
Junction Structure No. 1
Catch Basin W=7'
Catch Basin W=14' 1
Catch Basin W=21'
42" C.S.P. or HDPE N12
48" C.S.P. or HDPE N12
Catch Basin W=4'
24" C.S.P. or HDPE N12
30" C.S.P. or HDPE N12
36" C.S.P. or HDPE N12
42" R.C.P. round, arch or elliptical
48" R.C.P. round, arch or elliptical
18" C.S.P. or HDPE N12
6" SDR or PVC
3" PVC
24" R.C.P. round, arch or elliptical
30" R.C.P. round, arch or elliptical
36" R.C.P. round, arch or elliptical
Grouted Rip Rap ( 1 Ton ) Method B
Grouted Rip Rap ( 2 Ton ) Method B
18" R.C.P. round, arch or elliptical 152
12" R.C.P. round, arch or elliptical
Rip Rap ( 2 Ton ) Method B
Grouted Rip Rap ( 1/4 Ton ) Method B
Grouted Rip Rap ( 1/2 Ton ) Method B
Rip Rap ( 1/4 Ton ) Methob B ( 1.9 tons /CY)
Rip Rap ( 1/2 Ton ) Method B
Rip Rap ( 1 Ton ) Method B
Interceptor Drain
R.C. Box Culvert (2 - 3'X5' )
Concrete Channel
Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 23

Menifee Mayor and City Council
July 16, 2025
Page
535 of 2087

$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
S.F $ 2.50 $ 0.00
L.F. $ 0.21 $ 0.00
L.F. $ 0.30 $ 0.00
L.F. $ 0.16 $ 24.96
L.F. $ 0.47 $ 0.00
L.F. $ 0.65 $ 218.40
L.F. $ 0.65 $ 1,587.95
L.F. $ 0.65 $ 812.50
L.F. $ 0.65 $ 15.60
L.F. $ 0.82 $ 175.48
L.F. $ 0.82 $ 446.90
S.F $ 2.70 $ 0.00
L.F. $ 1.25 $ 14,472.50
L.F. $ 0.52 $ 0.00
L.F. $ 0.47 $ 0.00
L.F. $ 0.83 $ 0.00
L.F. $ 0.63 $ 531.09
L.F. $ 0.63 $ 1,918.35
L.F. $ 0.78 $ 0.00
L.F. $ 0.78 $ 36.66
L.F. $ 0.97 $ 0.00
L.F. $ 1.13 $ 0.00
L.F. $ 2.83 $ 0.00
S.F $ 3.61 $ 433.20
S.F $ 3.61 $ 88.45
S.F $ 3.61 $ 682.29
S.F. $ 2.25 $ 189.00
S.F. $ 3.00 $ 2,472.00
EA. $ 50.00 $ 250.00
EA. $ 100.00 $ 0.00
EA. $ 275.00 $ 0.00
EA. $ 150.00 $ 1,650.00
EA. $ 425.00 $ 0.00
EA. $ 250.00 $ 0.00
EA. $ 150.00 $ 0.00
EA. $ 300.00 $ 0.00
EA. $ 60.00 $ 0.00Object Marker - Modified Type "F" Delineator Stop Sign & Post
Road Sign on existing pole / post (One Post)
Road Sign on existing pole / post (Two Post)
Street Name Sign
Install Sign ( Strap and Saddle Bracket Method) 11
Install Sign (Mast Arm Hanger Method)
Thermoplastic Cross Walk and Pavement Marking 824
Remove, Sign, Salvage 5
Relocate Roadside Sign
Thermoplastic Pavement Marking (Lane Drop) 84.0
8" Thermoplastic Channelizing Line
12" Thermoplastic Crosswalk & Limit Line
Thermoplastic One-Way, No Passing
Thermoplastic Pavement Markings (Arrow Type IV)
Thermoplastic Pavement Markings (Bike Lane Arrow
120
25 Thermoplastic Pavement Markings (Bike Lane
Legend)
66 6" Thermoplastic Bike Lane Stripes 3,045
4" Thermoplastic Double Solid Stripes
8" Thermoplastic Paint on Median Nose 47
Thermoplastic Two-Way Left Turn Lane
Thermoplastic Pavement Markings (Signal Ahead) 189
Painted Pavement Markings
Remove Trafffic Stripes and Markings 11,578
4" Thermoplastic Solid Stripes
4" Thermoplastic Broken Stripes
6" Thermoplastic Double Solid Stripes 843
4" Painted Double Solid Stripes
6" Painted Bike Lane Stripes 336
8" White Painted Diagonal Line 545
4" Painted Solid Stripes
4" Painted Solid Stripes (2 Coats )
6" Painted Broken Stripes 156
6" White Retroreflective Solid Stripes 1,250
6" White Painted Solid Stripies 2,443
6" Yellow Painted Diagonal Line 24
8" Yellow Painted Diagonal Line 214

SIGNING, STRIPING AND SIGNALS
Remove Painted Traffic Stripes and Markings
S.F $ 3.61 $ 238.26
Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 24

Menifee Mayor and City Council
July 16, 2025
Page
536 of 2087

EA. $ 40.00 $ 0.00
EA. $ 45.00 $ 0.00
EA. $ 3.75 $ 0.00
LS $ 250,000.00 $ 0.00
LS $ 150,000.00 $ 0.00
LS $ 100,000.00 $ 100,000.00
EA $ 450.00 $ 6,300.00
EA $ 400.00 $ 0.00
EA $ 500.00 $ 10,000.00
L.F. $ 25.00 $ 38,750.00
L.F. $ 30.00 $ 0.00
L.F. $ 35.00 $ 40,950.00
EA $ 1,500.00 $ 1,500.00
LS $ 8,000.00 $ 0.00
LS $ 40,000.00 $ 0.00
LS $ 30,000.00 $ 30,000.00
LS $ 15,000.00 $ 15,000.00
A. $ 1,537,367.81
B.

Administrative Contingency (20% x A)$ 307,473.56
C. CM - Inspection - LC (8%) $ 122,989.42
D Streets/Drainage Total (A + B) $ 1,967,830.79
Subtotal
Design/submittals/review
Mobilization 1
Traffic Control 1
3" PVC Conduit & Fiber Optic Cable 1,170
60"x30" vault 1
Survey
Install Pull Box (#6) 20
2" PVC Interconnect Conduit & Cable 1,550
3" PVC Interconnect Conduit & Cable
Retrofit of Ex. Traffic Signal & Lighting 1
6' Round Signal Loops 14
Install Pull Box (#5)
Pavement Marker, Reflective
New Traffic Signal & Lighting (Major Intersection)
New Traffic Signal & Lighting (Minor Intersection)
Delineator ( Class 1 Type F)
Delineator ( Class 2 )
Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 25

Menifee Mayor and City Council
July 16, 2025
Page
537 of 2087

UNIT
L.F. $ 25.00 $ 1,575.00
L.F. $ 30.00 $ 2,520.00
L.F. $ 35.00 $ 1,750.00
L.F. $ 55.00 $ 2,035.00
L.F. $ 90.00 $ 0.00
L.F. $ 135.00 $ 0.00
L.F. $ 180.00 $ 0.00
EA. $ 715.00 $ 1,430.00
EA. $ 830.00 $ 1,660.00
EA. $ 1,340.00 $ 4,020.00
EA. $ 2,300.00 $ 0.00
EA. $ 6,270.00 $ 0.00
EA. $ 14,300.00 $ 0.00
EA. $ 4,000.00 $ 0.00
EA. $ 4,500.00 $ 0.00
EA. $ 3,500.00 $ 0.00
EA. $ 4,000.00 $ 4,000.00
EA. $ 2,400.00 $ 0.00
EA. $ 4,000.00 $ 0.00
EA. $ 800.00 $ 0.00
EA. $ 2,480.00 $ 0.00
EA. $ 2,780.00 $ 5,560.00
EA. $ 4,500.00 $ 0.00
EA. $ 200.00 $ 0.00
EA. $ 500.00 $ 0.00
EA. $ 2,000.00 $ 0.00
EA. $ 1,000.00 $ 0.00
EA. $ 1,430.00 $ 0.00
EA. $ 1,750.00 $ 0.00
EA. $ 2,200.00 $ 0.00
EA. $ 3,150.00 $ 3,150.00
EA. $ 3,150.00 $ 3,150.00
$ $ 0.00
$ $ 0.00
A. $ 30,850.00
B. $ 6,170.00
C. $ 37,020.00
D. $ 7,404.00
E. $ 44,424.00
20% x C
Water Total (C + D)

BOND AMOUNT FOR

RECORDATION PRIOR TO HAVING
Subtotal
Administrative Contingency (20% x A)
Water Total (A + B)
8" Hot Tap
30" Hot Tap 1
12" Hot Tap 1
1" Hot Tap
4" Hot Tap
6" Hot Tap
Adjust Water Valve to Grade
Removal of Blowoff
Join at existing end of 8" pipe
1-1/2" Service Connection ( No Meter)
2" Service Connection ( No Meter) 2
4" Service Connection ( No Meter)
1" Air and Vacuum Valve.
2" Air and Vacuum Valve.
1" Service Connection ( No Meter)
6" Fire Hydrant (Super)
4" Blowoff
6" Blowoff 1
16" Gate Valve RS
18" Gate Valve RS
6" Fire Hydrant (Standard)
6" Gate Valve RS 2
8" Gate Valve RS 3
12" Gate Valve RS
18" Waterline PVC C-905 DR-18
20" Waterline PVC C-905 DR-18
4" Gate Valve RS 2
8" Waterline PVC C-900 DR-18 50
12" Waterline PVC C-900 DR-18 37
16" Waterline PVC C-905 DR-18
COST
4" Waterline PVC C-900 DR-18 63
6" Waterline PVC C-900 DR-18 84

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

DOMESTIC WATER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 26

Menifee Mayor and City Council
July 16, 2025
Page
538 of 2087

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

RECYCLED WATER IMPROVEMENTS

UNIT
L.F. $ 25.00 $ 0.00
L.F. $ 30.00 $ 0.00
L.F. $ 35.00 $ 22,750.00
L.F. $ 55.00 $ 69,025.00
L.F. $ 90.00 $ 0.00
L.F. $ 135.00 $ 0.00
L.F. $ 180.00 $ 0.00
EA. $ 715.00 $ 0.00
EA. $ 830.00 $ 0.00
EA. $ 1,340.00 $ 1,340.00
EA. $ 2,300.00 $ 4,600.00
EA. $ 6,270.00 $ 0.00
EA. $ 14,300.00 $ 0.00
EA. $ 3,500.00 $ 0.00
EA. $ 4,000.00 $ 4,000.00
EA. $ 2,400.00 $ 2,400.00
EA. $ 4,000.00 $ 0.00
EA. $ 800.00 $ 0.00
EA. $ 2,480.00 $ 0.00
EA. $ 2,780.00 $ 5,560.00
EA. $ 4,500.00 $ 0.00
EA. $ 200.00 $ 0.00
EA. $ 500.00 $ 0.00
EA. $ 2,000.00 $ 2,000.00
EA. $ 1,000.00 $ 0.00
EA. $ 1,430.00 $ 0.00
EA. $ 1,750.00 $ 0.00
EA. $ 2,200.00 $ 0.00
EA. $ 3,150.00 $ 0.00
A. $ 88,925.00
B. $ 17,785.00
C. $ 106,710.00
D. $ 21,342.00
E. $ 128,052.00
8" Hot Tap
12" Hot Tap
Subtotal
Administrative Contingency (20% x A)
Water Total (A + B)

BOND AMOUNT FOR RECORDATION

PRIOR TO HAVING SIGNED PLAND
20% x C
Water Total (C + D)
1" Hot Tap
4" Hot Tap
6" Hot Tap
Adjust Water Valve to Grade
Removal of Blowoff
Join at existing end of 12" pipe 1
1-1/2" Service Connection ( No Meter)
2" Service Connection ( No Meter) 2
4" Service Connection ( No Meter)
1" Air and Vacuum Valve. 1
2" Air and Vacuum Valve.
1" Service Connection ( No Meter)
18" Gate Valve RS
4" Blowoff
6" Blowoff 1
8" Gate Valve RS 1
12" Gate Valve RS 2
16" Gate Valve RS
20" Waterline PVC C-905 DR-18 Purple
4" Gate Valve RS
6" Gate Valve RS
12" Waterline PVC C-900 DR-18 Purple 1,255
16" Waterline PVC C-905 DR-18 Purple
18" Waterline PVC C-905 DR-18 Purple
4" Waterline PVC C-900 DR-18 Purple
6" Waterline PVC C-900 DR-18 Purple
8" Waterline PVC C-900 DR-18 Purple 650
COST

ITEM QUANTITY UNIT AMOUNT
Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 27

Menifee Mayor and City Council
July 16, 2025
Page
539 of 2087

UNIT
L.F. $ 25.00 $ 0.00
L.F. $ 30.00 $ 0.00
L.F. $ 35.00 $ 31,115.00
L.F. $ 46.00 $ 0.00
L.F. $ 54.00 $ 0.00
L.F. $ 90.00 $ 0.00
L.F. $ 55.00 $ 0.00
L.F. $ 62.00 $ 0.00
L.F. $ 72.00 $ 0.00
L.F. $ 81.00 $ 0.00
L.F. $ 162.00 $ 0.00
L.F. $ 183.00 $ 0.00
L.F. $ 195.00 $ 0.00
L.F. $ 215.00 $ 0.00
L.F. $ 236.00 $ 0.00
EA. $ 3,140.00 $ 12,560.00
EA. $ 4,500.00 $ 0.00
EA. $ 3,300.00 $ 0.00
EA. $ 730.00 $ 0.00
EA. $ 200.00 $ 0.00
EA. $ 2,100.00 $ 2,100.00
EA. $ 1,500.00 $ 0.00
EA. $ 1,500.00 $ 0.00
EA. $ 2,000.00 $ 0.00
EA. $ 400.00 $ 0.00
EA. $ 500.00 $ 0.00
L.F. $ 35.00 $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
A. $ 45,775.00
B. $ 9,155.00
C. $ 54,930.00
D. $ 10,986.00
E. $ 65,916.00
20% x C
Sewer Total (C + D)
Subtotal
Administrative Contingency (20% x A)
Sewer Total (A + B)

BOND AMOUNT FOR RECORDATION

PRIOR TO HAVING SIGNED PLAND (
Concrete Encasement
Join Existing 12" Pipe
Chimney
Adjust M.H. to grade
Tie to Existing Manhole 1
Rechannel Existing Manhole
Join Existing 8" Pipe
Shallow Manhole (5' or less)
Clean out
Clean out Lateral
30" VCP
Standard Manhole 48" 4
Standard Manhole 60"
21" VCP
24" VCP
27" VCP
12" VCP
15" VCP
18" VCP
15" PVC SDR 35 Green
8" VCP
10" VCP
8" PVC SDR 35 Green 889
10" PVC SDR 35 Green
12" PVC SDR 35 Green
COST
4" PVC SDR 35 (Use it for Residential Laterals)
6" PVC SDR 35 Green

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

SANITARY SEWER IMPROVEMENTS

ITEM QUANTITY UNIT AMOUNT
Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 28

Menifee Mayor and City Council
July 16, 2025
Page
540 of 2087

PARCEL MAP OR TRACT NO. SCH: DATE:

PP, CU, PU, MS OR VL NO.
$ 122,989.42
$ 37,020.00
$ 106,710.00
$ 54,930.00
$ 321,649.42
$ 9,649.48
Total

INSPECTION DEPOSIT CALCULATION
Street/DrainageA. Street/Drainage ( % x I.)
NOTE: Use 3% for Inspection
IV. Sewer (Line C from Sewer Improvement Calculations)

CITY OF MENIFEE ENGINEERING DEPARTMENT

COST ESTIMATE CALCULATION SHEET
38346 1/17/2025
IP24-006S
IMPROVEMENT COSTS (Including Contingencies)
I. Streets/Drainage (Line C from Street Improvement Calculations) II. Domestic Water (Line C from Domestic Water Improvement Calculations) III. Recycled Water (Line C from Recycled Water Improvement Calculations) Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 29

Menifee Mayor and City Council
July 16, 2025
Page
541 of 2087

CITY OF MENIFEE

OFFICE OF THE CITY SURVEYOR

MONUMENT BOND COMPUTATION
MAP # TR 38346 SCHEDULE A MAP CHECKER Dennis Janda

Cost per Monument
$2500.00* $300
$2500.00* $600
x + 20% = Total Bond Amount
x x 120% = $2500 MIN.
$
Date:

Total Monuments to be Bonded
Schedule "I" Maps
Minimum Cost
Schedule "A" through "H" Maps
Cost per Monument
5 $300
Monument Inspection Fee (Deposit Based)
( ) Set monuments
( ) Monuments will need to be recovered and/or reset at time of inspection Submitted Monument Bond Computation to Planning Dept. Plan Check Review * Based on a crew of,
1) Registered Principal Eng. Technician, 1) Senior Eng. Technician. 1 Approved for bonding
1/21/25
A. Backlund
Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 30

Menifee Mayor and City Council
July 16, 2025
Page
542 of 2087

PARCEL MAP OR TRACT MAP NO. DATE:

IP:

IMPROVEMENTS
Landscape $ 312,728.96 $ $
Total 312,728.96 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using City's unit costs, are accurate for determining bonding costs
Above amounts do include additional 20% for bonding prior to having signed plans (Ordinance460, Section 10.3E).
1/27/2025
Signature Date
Mark Shattinger 3235 3/31/2025
Name Typed or printed RLA# Exp. Date
Landscape Architect's Stamp

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "City of Menifee Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amounts.

IP24-006L

CITY OF MENIFEE ENGINEERING DEPARTMENT

CONSTRUCTION COST WORKSHEET CFD
38346 1/27/2025

FAITHFUL PERFORMANCE MATERIAL & LABOR

SECURITY SECURITY
(100% of Estimated (100% of Estimated
31,300.00

LANDSCAPE ACHITECT'S CALCULATION OF IMPROVEMENT BONDING COSTS *** PLEASE READ INSTRUCTIONS BELOW ***
Construction Costs) Construction Costs)
313,000.00 313,000.00
313,000.00 313,000.00
01-27-25
Approved for
bonding
A. Backlund
2/6/25
Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 31

Menifee Mayor and City Council
July 16, 2025
Page
543 of 2087

CITY OF MENIFEE ENGINEERING DEPARTMENT

IMPROVEMENT REQUIREMENT WORKSHEET

CFD IMPROVEMENTS

UNIT
S.F. $ 12.00 $ 109,200.00
S.F. $ 10.00 $ 31,880.00
EA $ 650.00 $ 18,850.00
EA $ 1,250.00 $ 2,500.00
S.F. $ 3.50 $ 50,018.50
C.Y. $ 27.00 $ 3,591.00
EA $ 7,000.00 $ 7,000.00
S.F. $ 10,000.00 $ 10,000.00
L.F. $ 30.00 $ 11,280.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
A. $ 244,319.50
B. Administrative Contingency (20% x A) $ 48,863.90
C. CM - Inspection - LC (8%) $ 19,545.56
D Streets/Drainage Total (A + B) $ 312,728.96

ITEM QUANTITY UNIT AMOUNT
COST
Street Trees ( 24" box ) 29

LANDSCAPING
Maintenance Walk STD 113 9,100
Landscape Fill Material 133
Water Meter 1
Electric Meter 1
Decomposed Granite 3,188
Street Trees ( 36" box ) 2
Landscape and Irrigation 14,291
3 Rail Vinyl Fence 376
Subtotal
Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 32

Menifee Mayor and City Council
July 16, 2025
Page
544 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 33

Menifee Mayor and City Council
July 16, 2025
Page
545 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 34

Menifee Mayor and City Council
July 16, 2025
Page
546 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 35

Menifee Mayor and City Council
July 16, 2025
Page
547 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 36

Menifee Mayor and City Council
July 16, 2025
Page
548 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 37

Menifee Mayor and City Council
July 16, 2025
Page
549 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 38

Menifee Mayor and City Council
July 16, 2025
Page
550 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 39

Menifee Mayor and City Council
July 16, 2025
Page
551 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 40

Menifee Mayor and City Council
July 16, 2025
Page
552 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 41

Menifee Mayor and City Council
July 16, 2025
Page
553 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 42

Menifee Mayor and City Council
July 16, 2025
Page
554 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 43

Menifee Mayor and City Council
July 16, 2025
Page
555 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 44

Menifee Mayor and City Council
July 16, 2025
Page
556 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 45

Menifee Mayor and City Council
July 16, 2025
Page
557 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 46

Menifee Mayor and City Council
July 16, 2025
Page
558 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 47

Menifee Mayor and City Council
July 16, 2025
Page
559 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 48

Menifee Mayor and City Council
July 16, 2025
Page
560 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 49

Menifee Mayor and City Council
July 16, 2025
Page
561 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 50

Menifee Mayor and City Council
July 16, 2025
Page
562 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 51

Menifee Mayor and City Council
July 16, 2025
Page
563 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 52

Menifee Mayor and City Council
July 16, 2025
Page
564 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 53

Menifee Mayor and City Council
July 16, 2025
Page
565 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 54

Menifee Mayor and City Council
July 16, 2025
Page
566 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 55

Menifee Mayor and City Council
July 16, 2025
Page
567 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 56

Menifee Mayor and City Council
July 16, 2025
Page
568 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 57

Menifee Mayor and City Council
July 16, 2025
Page
569 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 58

Menifee Mayor and City Council
July 16, 2025
Page
570 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 59

Menifee Mayor and City Council
July 16, 2025
Page
571 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 60

Menifee Mayor and City Council
July 16, 2025
Page
572 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 61

Menifee Mayor and City Council
July 16, 2025
Page
573 of 2087

Item Title: 10.20
Final Map, Agreement, and Bonds for Tract Map 38346 Heritage Village, by Lennar Homes of California, LLC Item Page Number: 62

Menifee Mayor and City Council
July 16, 2025
Page
574 of 2087

CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for the Citywide Facility Rekey Project
MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst II
REVIEWED BY: Mariana Mitchell, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the improvements for the Citywide Facility Rekey Project, Capital Improvement Project (CIP) No. 24-07, located at various City facilities and City maintained parks; and

2. Authorize the City Clerk to file the Notice of Completion with the Riverside County Recorder’s office.

DISCUSSION
Capital Improvement Project (CIP) No. 24-07 consisted of the rekeying of all City facilities and parks in order to consolidate access and create consistency and safety for all City buildings. The project was completed at City Hall, the Kay Ceniceros Senior Center Campus, Lazy Creek Recreation Center, the Public Works Maintenance and Operation Center, Fire Stations 5, 7, 68, and 76, and all City maintained parks.

On January 24, 2024, the City executed an agreement with Absolute Lock and Security for the rekeying of 276 locks throughout various city facilities and parks for a total not exceeding $25,000.

The contract could include but is not limited to the application, delivery/pickup, maintenance, supplies, and any labor associated with the services. No change orders were necessary for this project. The final construction cost for the project was $23,811.

Community Services staff have inspected the materials supplied, quality of the materials, construction methods, and workmanship, and have determined the construction and related work performed by the contractor, Absolute Lock and Security, have met the project requirements as specified in the contract documents.

Item Title: 10.21
Notice of Completion and Acceptance for the Citywide Facility Rekey Project Item Page Number: 1

Menifee Mayor and City Council
July 16, 2025
Page
575 of 2087

City of Menifee Staff Report
CIP No. 24-07 Notice of Completion
July 16, 2025

Page 2 of 2 ends

2 7
5 7
If approved, a Notice of Completion (NOC) would be filed, which protects the City from future claims against the Project by providing proper noticing to each contractor, subcontractor, and material supplier, that the Project has been completed. The payment bond would be released upon Project acceptance by the City and the performance bond would be released one year after the date of recording of the NOC. The City has not received any stop notices that would prevent said releases.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

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

ATTACHMENTS

1. Notice of Completion - Citywide Facility Rekey Project Item Title: 10.21
Notice of Completion and Acceptance for the Citywide Facility Rekey Project Item Page Number: 2

Menifee Mayor and City Council
July 16, 2025
Page
576 of 2087

Recording Requested By:

CITY OF MENIFEE
After Recording Mail To:

CITY CLERK

CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103

NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
Citywide Facility Rekey Project, CIP No. 24-07
Notice is hereby given that:

Work of improvements on the project herein described were accepted as complete on May 9, 2025. The project consisted of the rekeying of all City facilities and parks in order to consolidate access and create consistency and safety for all City buildings. The project was completed at various City facilities and parks located in the City of Menifee, County of Riverside, State of California.

1. The full name of the Owner is: CITY OF MENIFEE

2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586

3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:

PUBLIC PARKS and FACILITIES IN
MENIFEE, CA 92586

4. The name of the contractor for such work of construction is:

Absolute Lock and Security, Inc.
22777 Lyons Avenue, Ste 213
Newhall, CA 91321

5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.

STATE OF CALIFORNIA)
Ss

COUNTY OF RIVERSIDE)
I, Stephanie Roseen, hereby certify that I am the City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 20___ for and on behalf of the City.
_____________________________
Stephanie Roseen, City Clerk
Item Title: 10.21
Notice of Completion and Acceptance for the Citywide Facility Rekey Project Item Page Number: 3

Menifee Mayor and City Council
July 16, 2025
Page
577 of 2087

CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for the McCall Boulevard/Sun City Boulevard Westbound Turn Pocket
Extension Project
MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the improvements for the McCall Boulevard/Sun City Boulevard Westbound Turn Pocket Extension Project, Capital Improvement Program (CIP) Project No. 24-02; and

2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.

DISCUSSION
The McCall Boulevard/Sun City Boulevard Westbound Turn Pocket Extension Project, CIP Project No. 24-02 (“Project”), improved and extended the left turn pocket heading westbound from McCall Boulevard onto Sun City Boulevard. This project increased the left turn capacity which reduces congestion and helps the overall flow of traffic. The increase in vehicle storage was achieved by removing portions of the existing concrete median and extending the pavement surface to allow more vehicles.

On January 15, 2025, the City Council approved the construction contract with Onyx Paving Company Inc. (“Contractor”) in the amount of $123,000. The total approved construction budget was $155,300. One contract change order (CCO) was necessary during construction and was administratively approved by the City Manager for a total of $3,550, which increased the total not- to-exceed amount to $126,550 for the contract as shown in Table 1 on the following page. The final construction cost, including CCO No. 1 and ancillary costs such as materials testing and labor compliance services, was $134,589.

TABLE 1 – CONTRACT ACTIVITY SUMMARY
Contract Activity Approval Date Summary of Changes Amount Original Contract January 15, 2025 Original construction services $123,000.00 CCO No. 1 May 28, 2025 Pavement quantity overages $3,550.00 Item Title: 10.22
Notice of Completion and Acceptance for the McCall Boulevard/Sun City Boulevard Westbound Turn Pocket Extension Project Item Page Number: 1

Menifee Mayor and City Council
July 16, 2025
Page
578 of 2087

City of Menifee Staff Report
CIP 24-02 NOC
July 16, 2025

Page 3 of 2 ends

2 2
5 2
TOTAL $126,550.00
If approved, a Notice of Completion (NOC) would be filed, which protects the City from future claims against the Project by providing proper noticing to each contractor, subcontractor, and material supplier that the Project has been completed. The payment bond would be released upon Project acceptance by the City, and the performance bond would be released one year after the date of recording of the NOC. The City has not received any stop notices that would prevent said releases.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to the Project. All costs to complete the Project were supported within previously approved CIP Budgets.

ATTACHMENTS

1. Project Location Map

2. Notice of Completion

3. Closeout Documents
Item Title: 10.22
Notice of Completion and Acceptance for the McCall Boulevard/Sun City Boulevard Westbound Turn Pocket Extension Project Item Page Number: 2

Menifee Mayor and City Council
July 16, 2025
Page
579 of 2087

McCall Blvd
Sun City Blvd
215Bradley Rd
Pebbl
e
Beach
Dr
McCall Blvd
Cherry Hills Blvd
Su
n
City
Blvd
Project Site
0 0.01 0.02
Miles
Ë
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\McCall_Blvd_Sun_City_Blvd_Turn_Pocket\McCall_Blvd_Sun_City_Blvd_Turn_Pocket.aprx Date: 11/26/2024 McCall Blvd/Sun City Blvd (CIP 24-02)
Westbound Turn Pocket Extenson
Project Location Map
Item Title: 10.22
Notice of Completion and Acceptance for the McCall Boulevard/Sun City Boulevard Westbound Turn Pocket Extension Project Item Page Number: 3

Menifee Mayor and City Council
July 16, 2025
Page
580 of 2087

4 8
8 3
3 Recording Requested By:

CITY OF MENIFEE
After Recording Mail To:

CITY CLERK

CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103

NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)

MCCALL BOULEVARD/SUN CITY BOULEVARD WESTBOUND
TURN POCKET EXTENSION PROJECT, CIP 24-02
Notice is hereby given that:

Work of improvements on the project herein described was accepted as complete on July 16, 2025. The project consisted of extending the left turn pocket heading westbound on McCall Boulevard onto Sun City Boulevard. The project removed portions of the existing concrete median and extended the pavement surface to allow more vehicles storage to increase the left turn capacity. The project was completed in the city right-of-way in the City of Menifee, County of Riverside, State of California.

1. The full name of the Owner is: CITY OF MENIFEE

2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586

3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:

PUBLIC STREETS IN
MENIFEE, CA 92586

4. The name of the contractor for such work of construction is:

ONYX PAVING COMPANY, INC.
2890 E. LA CRESTA AVE.

ANAHEIM, CA 92806

5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.

STATE OF CALIFORNIA)
Ss

COUNTY OF RIVERSIDE)
I, Stephanie Roseen, hereby certify that I am the City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 20___ for and on behalf of the City.
_____________________________
Stephanie Roseen, City Clerk
Item Title: 10.22
Notice of Completion and Acceptance for the McCall Boulevard/Sun City Boulevard Westbound Turn Pocket Extension Project Item Page Number: 4

Menifee Mayor and City Council
July 16, 2025
Page
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Item Title: 10.22
Notice of Completion and Acceptance for the McCall Boulevard/Sun City Boulevard Westbound Turn Pocket Extension Project Item Page Number: 5

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July 16, 2025
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Item Title: 10.22
Notice of Completion and Acceptance for the McCall Boulevard/Sun City Boulevard Westbound Turn Pocket Extension Project Item Page Number: 6

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Item Title: 10.22
Notice of Completion and Acceptance for the McCall Boulevard/Sun City Boulevard Westbound Turn Pocket Extension Project Item Page Number: 7

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Item Title: 10.22
Notice of Completion and Acceptance for the McCall Boulevard/Sun City Boulevard Westbound Turn Pocket Extension Project Item Page Number: 8

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CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for the La Piedra Road at Bell Mountain Middle School Pedestrian Improvements
Project
MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Rex Caballero, Assistant Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the Improvements for the La Piedra Road at Bell Mountain Middle School Pedestrian Improvements Project, Capital Improvement Program (CIP) Project No. 22-25; and

2. Authorize the City Clerk’s office to file a Notice of Completion with the Riverside County Recorder’s Office.

DISCUSSION
The La Piedra Road at Bell Mountain Middle School Pedestrian Improvements Project, CIP Project No. 22-25 (“Project”) improved a total Project area spanning 0.77 linear miles, including resurfacing 244,481 square feet of roadway along La Piedra Road. The Project consisted of replacing 15 existing pedestrian ramps with new Americans with Disabilities Act (ADA) compliant ramps, repaving, removing and replacing existing striping, and installing new dual-arm solar street lighting and Rectangular Rapid Flashing Beacons along the crosswalk located on La Piedra Road at Spring Deep Terrace. The Project supports the City’s Strategic Plan objective of improving safety infrastructure to enhance the sense of security and well-being for the City’s residents.

On June 5, 2024, the City Council approved the construction contract with Leonida Builders Inc. (“Contractor”) in the amount of $574,992.36. There was one contract change order (CCO) during construction for a total of $92,571.50, which increased the total not-to-exceed amount to $667,563.86 for the Contract, as shown in Table 1 on the following page. The final construction cost, including CCO No. 1 and ancillary costs such as materials, testing, and labor compliance services, was $787,426.

Item Title: 10.23
Notice of Completion and Acceptance for the La Piedra Road at Bell Mountain Middle School Pedestrian Improvements Project Item Page Number: 1

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July 16, 2025
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City of Menifee Staff Report
CIP 22-25 La Piedra Road at Bell Mountain Middle School NOC July 16, 2025

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TABLE 1 – CONTRACT ACTIVITY SUMMARY
Contract Activity Approval Date Summary of Changes Amount Original Contract June 5, 2024 Original construction services $574,992.36 CCO No. 1 February 5, 2025 Additional work exceeded
original bid quantities,
including removal of concrete,
spandrels, Type II-EAS slurry,
and thermal striping removal.
$92,571.50
TOTAL $667,563.86
If approved, a Notice of Completion (NOC) would be filed, which protects the City from future claims against the Project by providing proper noticing to each contractor, subcontractor, and material supplier, that the Project has been completed. The payment bond would be released upon Project acceptance by the City and the performance bond would be released one year after the date of recording of the NOC. The City has not received any stop notices that would prevent said releases.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

ATTACHMENTS

1. Project Location Map

2. Notice of Completion

3. Closeout Documents
Item Title: 10.23
Notice of Completion and Acceptance for the La Piedra Road at Bell Mountain Middle School Pedestrian Improvements Project Item Page Number: 2

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Path: Z:\Project_Specific_Maps\Engineering_PublicWorks\BellMountainPedestrianImprovements\BellMountainPedestrianImprovements.aprx Date: 3/30/2022 Bell Mountain Middle School Pedestrian Project (CIP 22-25) Project Location Map
Item Title: 10.23
Notice of Completion and Acceptance for the La Piedra Road at Bell Mountain Middle School Pedestrian Improvements Project Item Page Number: 3

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July 16, 2025
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4 9
5 4
9 Recording Requested By:

CITY OF MENIFEE
After Recording Mail To:

CITY CLERK

CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103

NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)

LA PIEDRA ROAD AT BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN IMPROVEMENTS PROJECT, CIP 22-25
Notice is hereby given that:

Work of improvements on the project herein described was accepted as complete on July 16, 2025. The project consisted of resurfacing 244,481 square feet of roadway along La Piedra Road, replacing 15 existing pedestrian ramps with ADA-compliant ramps, repaving, removing and replacing existing striping, and installing new dual-arm solar street lighting and Rectangular Rapid Flashing Beacons along the crosswalk located on La Piedra Road at Spring Deep Terrace. The project was completed in the city right-of-way in the City of Menifee, County of Riverside, State of California.

1. The full name of the Owner is: CITY OF MENIFEE

2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586

3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:

PUBLIC STREETS IN
MENIFEE, CA 92586

4. The name of the contractor for such work of construction is:

LEONIDA BUILDERS INC.
32023 CROWN VALLEY ROAD
ACTON, CA 93510

5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.

STATE OF CALIFORNIA)
Ss

COUNTY OF RIVERSIDE)
I, Stephanie Roseen, hereby certify that I am the City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 20___ for and on behalf of the City.
_____________________________
Stephanie Roseen, City Clerk
Item Title: 10.23
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Item Title: 10.23
Notice of Completion and Acceptance for the La Piedra Road at Bell Mountain Middle School Pedestrian Improvements Project Item Page Number: 5

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Item Title: 10.23
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Item Title: 10.23
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Item Title: 10.23
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Item Title: 10.23
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Item Title: 10.23
Notice of Completion and Acceptance for the La Piedra Road at Bell Mountain Middle School Pedestrian Improvements Project Item Page Number: 10

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Item Title: 10.23
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Item Title: 10.23
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Item Title: 10.23
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Item Title: 10.23
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Item Title: 10.23
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Item Title: 10.23
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Item Title: 10.23
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Item Title: 10.23
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Item Title: 10.23
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Item Title: 10.23
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CITY OF MENIFEE
SUBJECT: Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project
MEETING DATE: July 16, 2025
TO: Mayor and City Council
PREPARED BY: Brandon Cleary, Associate Planner
REVIEWED BY: Orlando Hernandez, Community Development Director APPROVED BY: Armando G. Villa, City Manager
APPELLANTS: Golden State Environmental Justice Alliance and City of Perris
--------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution denying Appeal No. PLN25-0109 submitted by the Golden State Environmental Justice Alliance; and

2. Adopt a resolution denying Appeal No. PLN25-0110 submitted by the City of Perris; and

3. Adopt a resolution certifying an Environmental Impact Report (EIR) for Plot Plan No. PLN23- 0040 for the Northern Gateway Logistics Center Warehouse Project generally located south of Ethanac Road, east of Evans Road, west of Barnett Road, and north of McLaughlin Road within the City of Menifee; and

4. Adopt a resolution approving Plot Plan No. PLN23-0040 for the Northern Gateway Logistics Center Warehouse Project.

DISCUSSION
On May 14, 2025, The Planning Commission held a duly noticed public hearing and voted 4-1 (Commissioner Ramirez voting no) to approve Plot Plan (PP) No. PLN23-0040 – Northern Gateway Logistics Center Warehouse Project along with the related environmental analysis. On May 20, 2025, the City received an application from the Golden State Environmental Justice Alliance (GSEJA) to appeal the Planning Commission decision. Additionally, on May 23, 2025, the City received an application from the City of Perris to appeal the Planning Commission decision.

Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 1

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July 16, 2025
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City of Menifee City Council
Appeal - NG Logistics Center Warehouse
July 16, 2025

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PP No. PLN23-0040 was approved by the Planning Commission and includes the construction of two speculative warehouses. Building 1 (northern building) is 45 feet 1 inch in height and includes 99,326 square feet of warehousing space with 6,000 square feet of office space for a total of 105,326 square feet. Building 2 is 45 feet 7 inches in height and includes 277,715 square feet of warehousing space, 8,000 square feet of office space and a 7,000 square-foot mezzanine for a total of 292,715 square feet. Both warehouses have a combined total of 398,041 square feet. Additional improvements include a parking lot and loading docks, ornamental landscaping, associated onsite infrastructure, and construction of offsite street improvements.

The buildings are designed with a total of 52 dock-high doors (15 on Building 1 and 37 on Building 2) and four grade-level truck doors (two per building). Approximately 15 trailer stalls (including dock spaces) are provided on the truck court on Building 1 and 78 trailer stalls are provided on Building 2 within areas secured by sliding gates. The proposed layout includes 108 passenger car parking spaces for Building 1and 244 for Building 2. Access to the site would be provided by one driveway on Barnett Road and three driveways on Evans Road. Access to the Evans Road driveways will be provided by Ethanac Road and the proposed westbound driveway on the southern end of the Project site.

Additionally, the Project includes approximately 106,512 square feet (approximately 13 percent of the Project site) of ornamental landscaping, split between the two building sites. Building 1 proposes 35,374 square feet of landscaping totaling approximately 15 percent of the site and Building 2 proposes 71,138 square feet of landscaping totaling approximately 12 percent of the Building 2 site.

The truck courts will have an 11-foot-tall screen wall along the flood channel and at the entries to screen the truck court from public view. Various road and utility improvements will be constructed along the southern, eastern and western project frontages.

Location
The Project is generally located south of Ethanac Road, east of Evans Road, west of Barnett Road, and north of McLaughlin Road within the City of Menifee (City), County of Riverside, State of California (Assessor Parcel Numbers [APNs]: 331-060-007, 331-060-008, 331-060-030, 331- 060-023, and 331-060-020).

Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 2

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July 16, 2025
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City of Menifee City Council
Appeal - NG Logistics Center Warehouse
July 16, 2025

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Project Location
Appeal No. PLN25-0109 – Golden State Environmental Justice Alliance (GSEJA) GSEJA filed an appeal of the Planning Commission’s May 14, 2025 approval of PP No. PLN23- 0040, claiming areas of the project (as outlined below), including the environmental analysis, were not adequately analyzed/addressed.

GSEJA provided information depicting the severity of the level of pollution and health hazards the City of Menifee and its citizens are experiencing. The appeal letter reaffirms its concerns that were presented in its original letter dated July 17, 2024 (and again on May 11, 2025), which were responded to by staff, in conjunction with our California Environmental Quality Act (CEQA) Consultant, in the Final EIR.

The commenter provides a table of data which gives the false impression that the area surrounding the Project site is disproportionately impacted. However, the proposed Project would not result in any significant and unavoidable air quality or traffic impacts. Localized air quality impacts would be less than significant and there are no significant air quality impacts to local residents as a result of approval of the proposed Project.

The original July 17, 2024 comment letter on the Draft EIR contained concerns from GSEJA regarding air quality, energy, Greenhouse Gas (GHG) emissions, hazards and hazardous materials, land use and planning, transportation and traffic, growth inducing impacts, significant and irreversible environmental changes, mandatory findings of significance and population and Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 3

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City of Menifee City Council
Appeal - NG Logistics Center Warehouse
July 16, 2025

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housing. The EIR is supported by substantial evidence in the record that all of the proposed mitigation measures are feasible mitigation measures that are capable of substantially reducing the Project’s environmental impacts. In addition, the appeal letter did not provide any evidence supporting their claim that the Project’s EIR did not sufficiently analyze all environmental impacts.

As such, the previous responses to these resource topics are still appropriate, and no additional points were raised in the appeal letter which would require further analysis.

Appeal No. PLN25-0110 – City of Perris
The City of Perris filed an appeal of the Planning Commission’s May 14, 2025 approval of PP No.

PLN23-0040, claiming areas of the Project (as outlined below), including the environmental analysis, were not adequately analyzed/addressed. The appeal letter raises concerns with the following:

1. Analysis of land use and Senate Bill (SB) 330 (No Net Loss)

2. Transportation impacts

3. Previously approved surrounding industrial development In response to the City of Perris appeal letters, staff, in conjunction with the City’s CEQA Consultant, has prepared detailed responses to each topic as an attachment to this report. A summary of the appellant’s concerns are provided below:

1. Analysis of land use and SB 330 (No Net Loss)
The appeal letter asserts the Project and EIR does not comply with SB 330 or the General Plan and Zoning designation, where 5 percent of the land is intended to be preserved for residential development while the remaining land is designated for industrial development.

SB 330 requires that jurisdictions must replace lost units due to downzoning. The units can be replaced by either upzoning or rezoning a different property by the same amount as the lost units.

This Project does not include a change in zone nor contributes to the loss of residential units as the Project site is vacant, therefore the Project is not subject to the requirements of SB 330. Additionally, the 5 percent intended for residential in the Economic Development Corridor - Northern Gateway is intended for the preservation of existing residential in the area which exceed the 5 percent requirement in the General Plan. This Project is proposed on vacant land and will not result in the loss of units and therefore is consistent with the Economic Development Corridor (EDC) General Plan and Zoning Designation.

2. Transportation Impacts
The letter asserts that the Project and EIR did not properly address the following:
a. Incorrect analysis of Ethanac Road as a two-way truck access route and require the project to utilize Barnett Road as the only truck access as the Evans Road left turn pocket is not designed for this level of use and will contribute to excessive queuing.

The letter states that it is inappropriate for the Draft EIR to study using Evans Road, which routes trucks further along Ethanac Road, and that only Barnett Road should be utilized instead. Ethanac Road is currently designated as a truck route. Accordingly, Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 4

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Appeal - NG Logistics Center Warehouse
July 16, 2025

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it was appropriate for the Project Traffic Study to utilize Ethanac to Evans to access the site. It is also considered a conservative, worst-case scenario because the Draft EIR thus analyzed air quality and transportation impacts on the residences north of Ethanac Road, and air quality and transportation impacts were found to be less than significant with mitigation incorporation, and less than significant, respectfully.

Additionally, to aleviate queuing on Ethanac Road, the traffic study recommends extending the left turn pocket to 475 feet and install a traffic signal to accommodate the typical worse-case queues and increase in traffic generated by this Project. These improvements would mitigate impacts for westbound left-turn trucks from Ethanac Road to Evans Road.
b. Consideration of the EDC Master Circulation Plan traffic study A global traffic study for the Menifee EDC area, including the addition of a truck corridor south of Ethanac Road, is currently being prepared and/or considered in coordination with the City of Menifee and the City of Perris. However, that global study has not been completed, and therefore it was not appropriate for the Draft EIR to utilize and speculate about alternative truck routes that might later be designated. c. Analysis of the Barnett Road/Case Road and Ethanac Road intersection characteristics
The letter asserts that the Barnett Road/Case Road and Ethanac Road intersection was incorrectly analyzed due to the characteristics of the offet intersection and that the traffic study understates how the Project will contribute to degrading traffic safety at this location. The intersection was analyzed as a single intersection and was determined to be consistent with City of Menifee and City of Perris standards. The intersection was analyzed at a Level of Service (LOS) Level D or above with the Project included, which is considered a passing grade by the City of Menifee and City of Perris standards. In addition, intersection delays over two seconds are considered a significant impact, however the traffic study determined that with the Project included in the analysis, the delay was less than two seconds. Further discussed below, the Project will also contribute fair share funds for improvements to intersection geometry along Ethanac Road between Evans Road and the I-215 north and southbound ramps. d. LOS, queuing and traffic safety
A LOS analysis was conducted for the Project and determined that all intersections within the Project scope operates at Level D or above. As noted above, a queuing analysis was also conducted and recommended extensions to left turn pockets on Ethanac Road including at Evans Road, Barnett/Case Roads and the I-215 Northbound ramps.

3. Previously approved surrounding industrial development The letter asserts the Project will exacerbate a public safety and traffic issue for the I-215 Interchange and the Barnett Road/Ethanac Road realignment without improvements or fair share funding. While the City of Perris did not directly identify the public safety and Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 5

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City of Menifee City Council
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July 16, 2025

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traffic issues for the above mentioned intersections, the Project will be providing fair share funding for the following:

1. Evans Road at Ethanac Road – improve intersection geometrics

2. I-215 Southbound Ramps at Ethanac Road – improve intersection geometrics

3. I-215 Northbound Ramps at Ethanac Road – improve intersection geometrics

4. Ethanac Road (Evans to Case) – improve intersection geometrics

5. Ethanac Road (Case to I-215 southbound ramps) – improve intersection geometrics

6. Ethanac Road (I-215 southbound ramps to I-215 northbound ramps) – improve intersection geometrics
The above mentioned fair share funding requirements for the Project will assist in aleviating any potential public safety and traffic issues for the I-215 Interchange and Barnett/Ethanac Road realignment.

Public Notice
The proposed Project was noticed on July 6, 2025 for the July 16, 2025 City Council public hearing. A public notice was published in The Press Enterprise and notices were mailed to property owners and non-owner residents within a 500-foot radius of the Project site. The proper public notice was posted on-site, and in addition, all relevant public agencies and those requesting notification were notified of the public hearing.

STRATEGIC PLAN OBJECTIVE
Thriving Economy

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

ATTACHMENTS

1. Appeal Letter – GSEJA

2. Resolution – GSEJA

3. Exhibit A - City Response to Appeal Letter – GSEJA

4. Appeal Letter – City of Perris

5. Resolution – City of Perris

6. Exhibit A - City Response to Appeal Letter – City of Perris

7. Resolution – EIR

8. Exhibit A – FEIR

9. Exhibit B – MMRP

10. Exhibit C – Findings of Fact

11. Resolution – Plot Plan

12. Exhibit A - Conditions of Approval

13. May 14, 2025 Planning Commission Staff Report

14. Project Exhibits

15. Public Hearing Notice
Item Title: 11.1
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 31

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July 16, 2025
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Item Title: 11.1
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Item Title: 11.1
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Item Title: 11.1
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Item Title: 11.1
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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 48

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Item Title: 11.1
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 54

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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 55

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July 16, 2025
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Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 56

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 57

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July 16, 2025
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July 16, 2025
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July 16, 2025
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Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 60

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Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 61

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 62

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 63

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 64

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 65

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 66

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 67

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 68

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 69

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 70

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 71

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 72

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 73

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July 16, 2025
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Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 74

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July 16, 2025
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Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 75

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 76

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 77

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 78

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 79

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July 16, 2025
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Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 80

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 81

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 82

Menifee Mayor and City Council
July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 83

Menifee Mayor and City Council
July 16, 2025
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689 of 2087

Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 84

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July 16, 2025
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690 of 2087

Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 85

Menifee Mayor and City Council
July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 86

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July 16, 2025
Page
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 87

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 88

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 89

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 90

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 91

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 92

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 93

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 94

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 95

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 96

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 97

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 98

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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 100

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 101

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 102

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 103

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 104

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 105

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 106

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 107

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 108

Menifee Mayor and City Council
July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 109

Menifee Mayor and City Council
July 16, 2025
Page
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 110

Menifee Mayor and City Council
July 16, 2025
Page
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 111

Menifee Mayor and City Council
July 16, 2025
Page
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 112

Menifee Mayor and City Council
July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 113

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 114

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July 16, 2025
Page
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 115

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 116

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 117

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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 119

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 120

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 121

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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 123

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 124

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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 126

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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 127

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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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July 16, 2025
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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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July 16, 2025
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July 16, 2025
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July 16, 2025
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July 16, 2025
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July 16, 2025
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July 16, 2025
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July 16, 2025
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July 16, 2025
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July 16, 2025
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July 16, 2025
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July 16, 2025
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July 16, 2025
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July 16, 2025
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July 16, 2025
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July 16, 2025
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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 155

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July 16, 2025
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Item Title: 11.1
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July 16, 2025
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RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA DENYING APPEAL NO. PLN25-0109 OF THE

NORTHERN GATEWAY LOGISTICS CENTER WAREHOUSE
PROJECT (PLOT PLAN NO. PLN23-0040)
WHEREAS, on February 15, 2023, the applicant, Lovett Industrial, LLC (“Applicant”), filed a formal application with the City of Menifee for the approval of Plot Plan (PP) No. PLN23-0040 for the construction of two speculative warehouses. Building 1 (northern building) is 45 feet 1 inch in height and includes 99,326 square feet of warehousing space with 6,000 square feet of office space for a total of 105,326 square feet. Building 2 is 45 feet 7 inches in height and includes 277,715 square feet of warehousing space, 8,000 square feet of office space and a 7,000 square-foot mezzanine for a total of 292,715 square feet. Both warehouses have a combined total of 398,041 square feet. (the “Project”). The Project is generally located south of Ethanac Road, east of Evans Road, west of Barnett Road, and north of McLaughlin Road within the City of Menifee (City), County of Riverside, State of California (Assessor Parcel Numbers [APNs]: 331-060-007, 331-060-008, 331-060-030, 331-060-023, and 331-060- 020); and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared to analyze and mitigate the Project's potentially significant environmental impacts; and WHEREAS, on May 14, 2025, at a legally noticed public hearing, the Planning Commission voted 4-1 to certify the EIR, Findings of Fact, Mitigation Monitoring and Reporting Plan (MMRP), and approve PP No. PLN23-0040 for the Project; and WHEREAS, on May 20, 2025, an application to appeal Planning Commission certification of the EIR for the Project and approval of PP No. PLN23-0040 was submitted by the Golden State Environmental Justice Alliance; and WHEREAS, on July 16, 2025, the City Council of the City of Menifee held a public hearing on the appeal of the Planning Commission’s certification of the EIR and approval of PP No. PLN23-0040 and Resolution Nos. PC25-662 and PC25-663, considered all public testimony as well as all materials in the staff report and accompanying documents for the appeal, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, notice to property owners within 500 feet of the Project boundaries, on-site posting at the Project site, and to persons requesting public notice.

NOW THEREFORE, the City Council of the City of Menifee hereby approves the following:

1. That the City Council finds the facts presented within the public record and within Exhibit “A” of the Resolution provides the basis to deny Appeal No. PLN25-0109.

2. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Community Development Department – Planning Division, 29844 Haun Road, Menifee, CA 92586. This Item Title: 11.1
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Appeal of Northern Gateway Logistics Center Warehouse Project - GSEJA July 16, 2025

Page 2 of 2 ends

information is provided in compliance with Public Resources Code section 21081.6.

PASSED, APPROVED AND ADOPTED this 16th day of July 2025. _________________________
Ricky Estrada, Mayor
Attest:
______________________________
Stephanie Roseen, City Clerk
Approved as to form:
______________________________
Jeffery T. Melching, City Attorney
Item Title: 11.1
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July 16, 2025
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6/25/2025 Page 1
City of Menifee
Northern Gateway Logistics Center Project
Comments and Responses
Comment Response
Appeal Letter A: Golden State Environmental Justice Alliance Comments A-1: SUBJECT: Appeal to the Menifee City Council regarding a decision of the Menifee Planning Commission, during the Planning Commission Meeting of May 14, 2025. Specifically, the Certification of the Environmental Impact Report for Plot Plan No. PLN 23-0040.

PROJECT NAME: Northern Gateway Logistics Center - SCH 2021110379 APPELLANT: Golden State Environmental Justice Alliance

PURPOSE OF APPEAL
This appeal seeks to reverse the entire decision of the Planning Commission's decision on May 14, 2025, approving the Northern Gateway Logistics Center.

JUSTIFICATIONS FOR APPEAL AND REJECTION OF PROJECT
Golden State Environmental Justice Alliance ("Appellant") presented multiple arguments in our comment letter dated July 17, 2024, addressing the flaws of the EIR (see attached). Additionally, comments sent to the Planning Commission on May 11, 2025, addressed the Commission's duty to adequately address the environmental, social, and economic justice burden placed on the City of Menifee residents. The Planning Commission should have requested a new EIR be prepared for this project, due to the deficiencies of the EIR and continued health, air quality, ozone, pollution and traffic impacts the citizenry of Menifee will suffer which will include residents of cities and the county upstream and downstream of the project based on our comment letters dated July 17, 2024 and May11, 2025 which were similar issues also addressed by the City of Perris in their comments.

Response A-1: This comment introduces the Appellant’ s purpose of appeal and a request for a new EIR to be prepared due to alleged deficiencies in the EIR’s environmental, social, and economic justice analyses. Responses have been prepared to address the Appellant’ s comments.

A-2: Our July 17, 2024, comment letter highlighted that the proposed Project may contribute to disproportionate health risks that community members within the immediate area already face. This topic is underscored by the intent of Senate Bill ("SB") 1000 and other guidelines by the California Response A-2: Refer to Response A-5, below.

Exhibit A
Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 159

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City of Menifee
Northern Gateway Logistics Center Project
Comments and Responses
Department of Justice ("CA DOJ"). The applicability and intent of SB 1000, which goes beyond funding allocations and mandates that environmental justice be integrated into local land use planning.

A-3: CA DOJ guidelines further clarify that cumulative impacts of greenhouse gas emissions and air pollutants from warehouses should be assessed during environmental review, particularly where disadvantaged communities are affected. With the City of Perris be ing a SB535 Designated Disadvantaged Community, which is located upstream of the Project, it would have been prudent and neighborly to have considered the effects of this Project on its adjacent neighbor.

Response A-3: Consistent with CEQA Guidelines Section 15130, cumulative air quality and GHG impacts were analyzed in the EIR and were found to be less than significant. Refer to pages 4.2 -36 and 37 for cumulative air quality impacts and page 4.7-27 for cumulative GHG impacts.

A-4: To accurately assess the Project's impact on surrounding communities, both existing and anticipated warehouse developments should be considered during the environmental review process. We therefore maintain that a revised EIR should be prepared in accordance with SB 1000 and CA DOJ guidance, to incorporate environmental justice principles and provide a cumulative impact analysis of the Project's contribution to local health risks.

Response A-4: SB 1000 applies to General Plans not individual projects. As stated in the California Office of the Attorney General’s Best Practices for Implementing SB 1000, 1 "The law requires local governments with disadvantaged communities in their planning areas to develop environmental justice policies as part of their general plans ." The Project does not include updating the City’s General Plan, therefore SB 1000 would not be applicable to the Project. Regardless, the Project is not located within a SB535 Designated Disadvantaged Community. In addition, the repeated general references to CA DOJ guidelines are unclear, the commenter does not specify what document/rules/regulations they are referring to, as it is the City’s position that the Project complies with all relevant laws and regulations.

1 https://oag.ca.gov/system/files/media/sb-1000-best-practices-en.pdf Item Title: 11.1
Appeal of the Planning Commission Decision for the Northern Gateway Logistics Center Warehouse Project Item Page Number: 160

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Comments and Responses
A-5: Based on data from Pomona Pitzer's Robert Redford Conservancy - Warehouse City database below. The City of Menifee already has over 19,000.000 Sq. Ft. of approved, existing, in review or vacant space in its warehouse inventory. The projected Daily Truck Trips withi n Menifee's inventory are forecast at 12,000 per the Warehouse City database. The Census Tract where this warehouse is proposed already suffers from a traffic burden 74% higher than other Census Tracts within California based on the Cal Enviro Screening 4. 0 reflected on Pg. 3. The Cal Enviro Screening also reflects the expanded burdens the Census Tract already encounters versus the rest of the state.

Response A -5: The commenter begins by referencing a warehouse database and stating that the City has 19,300,000 square feet of warehouse (existing or approved) and forecasts that they will generate 12,000 daily truck trips. However, discussing daily trips without providing an average trip length can be misleading as a single truck making multiple deliveries on a single block would generate multiple trips, one for each stop.

The commenter continues by saying that the census tract the project is located in has a 74 percent higher traffic burden than other census tracts in California according to CalEnviroScreen. According to OEHHA, 2 the traffic burden score in CalEnviroScreen 4.0 is calculated by dividing the traffic volume by the total road length in the census tract for the year 2017.

The census tract in question is 6065042731 and has a population of 8,161; however, only a small portion of the census tract is located within Menifee (4.7 percent). Therefore, the majority of the traffic burden within the census tract is generated by the City of Perris, to the north. As a result, the argument that truck trips generated by warehouses in the City of Menifee are responsible for the traffic burden in census tract 6065042731 is incorrect.

The commenter also includes a table of results from CalEnviroScreen which includes exposures, environmental effects, sensitive populations, and socioeconomic factors. However, the list of 21 scores was edited to only include negative results. Note that the commenter left out Pollution Burden Percentile, 45 percent, which represents the potential exposures to pollutants and adverse environmental conditions, and Diesel Particulate Matter, 22 percent, which is directly associated with diesel trucks. As

2 https://oehha.ca.gov/calenviroscreen/indicator/traffic-impacts Item Title: 11.1
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Northern Gateway Logistics Center Project
Comments and Responses

discussed previously, the City of Menifee only has jurisdiction over a small portion of census tract 6065042731 and cannot address all the impacts experienced by population of that census tract; however, the Project’s air quality and GHG impacts have been found to be less than significant.

A-6: The Planning Commission had a duty to adequately address the environmental, social, and economic burden placed on the City of Menifee residents, specifically Census Tract 6065042731 and the other community members upstream and downstream of the project such as your neighbor the City of Perris, which is a SB 535 Disadvantaged Community. This City of Perris SB 535 community located north of the project is illustrated with the Cal Enviro Screening on page 4. The Planning Commission should have requested a new EIR be prepared for this project, due to the deficiencies of the EIR and continued health, exposures, socioeconomic factors and Response A -6: The Draft EIR analyzed environmental impacts, including cumulative impacts, as required by CEQA Guidelines Section 15130 and determined that impacts were less than significant. As a result, impacts to Menifee residents and neighboring Perris residents within Census Tract 6065042731 associated with the Project would also be less than significant.

CEQA Guidelines Section 15131 Economic and Social Effects states that economic and social information may be included in an EIR or may be presented in whatever form the agency desires, therefore it is not required for an EIR to analyze these factors. In ad dition, CEQA Guidelines Section Item Title: 11.1
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Comments and Responses
environmental effects the citizenry of Menifee already suffers and will continue to suffer, based on our comment letter dated July 17, 2024. 15131(a) states that economic or social effects of a project shall not be treated as significant effects on the environment.

Item Title: 11.1
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Northern Gateway Logistics Center Project
Comments and Responses
A-7: Response A -7: The commenter includes a table of results from CalEnviroScreen for Census Tract 6065042901 which is identified as a SB 535 Disadvantaged Community. However, the perimeter of this census tract is approximately 5,000 feet northwest of the Project site and no portion of the census tract is within the City of Menifee. SB 535 does not include project -specific requirements or prohibit developments in proximity to the designated communities. As a result, the City has no jurisdiction over this census tract.

A-8: With the Planning Commission's decision to certify the project FEIR, on May 14, 2025. GSEJA believes the Planning Commission did not fulfill its duty to adequately investigate nor mitigate the project. Further, under CEQA, the city must "Take all action necessary to provide the people of this state with Response A -8: The City respectfully disagrees with the commentor.

GSEJA’s opinion that the City of Menifee Planning Commission did not adequately investigate or mitigate the impacts of this Project is noted.

CEQA does not require adoption of every imaginable mitigation measure.

CEQA’s requirement applies only to feasible mitigation that will Item Title: 11.1
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clean air and water, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive noise." “substantially lessen” a project’s significant effects (Public Resources Code Section 21002). As explained by one court: A lead agency's “duty to condition project approval on incorporation of feasible mitigation measures only exists when such measures wou ld [avoid or] ‘substantially lessen’ a significant environmental effect.” (San Franciscans for Reasonable Growth v. City and County of San Francisco (1989) 209 Cal.App.3d 1502, 1519.) “Thus, the agency need not, under CEQA, adopt every nickel and dime miti gation scheme brought to its attention or proposed in the project EIR.” (Ibid.) Rather, an EIR should focus on mitigation measures that are feasible, practical, and effective (Napa Citizens for Honest Government v. Napa County Board of Supervisors (2001) 91 Cal.App.4th 342, 365.). As disclosed in the EIR and supported by substantial evidence in the record, the Project’s EIR includes all feasible mitigation measures that are capable of substantially reducing the Project’s environmental impacts and therefore, the City of Menifee Planning Commission’s approval considered these factors. Lastly, GSEJA fails to provide any evidence supporting their claim that the Project’s EIR did not sufficiently analyze all environmental impacts, per Appendix G Environmental Checklist Form, to the CEQA Guidelines.

A-9: The importance of a healthy environment for all of California's residents is reflected in CEQA's purpose.

In passing CEQA, the Legislature determined:

CEQA's Purposes
• "The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern." (Pub. Res. Code, § 21000, subd. (a).)
Response A-9: Comment noted.

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• We must "identify any critical thresholds for the health and safety of the people of the state and take all coordinated actions necessary to prevent such thresholds from being reached." (Id. At subd. (d).) • "[M]ajor consideration [must be] given to preventing environmental damage, while providing a decent home and satisfying living environment for every Californian." (Id. at subd. (g).)
• We must "[t]ake all action necessary to provide the people of this state with clean air and water, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive noise." (Pub. Res.

Code, § 21001, subd. (b).)
A-10: Cities, counties, and other local governmental entities have an important role to play in ensuring environmental justice for all of California's residents. Under state law: "[E]nvironmental justice" means the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.

Gov. Code § 65040.12, subd. (e).) Fairness in this context means that the benefits of a healthy environment should be available to everyone, and the burdens of pollution should not be focused on sensitive populations or on communities that already are experiencing its adverse effects.

Response A-10: The Draft EIR determined that the Project would generate less than significant air quality and GHG impacts as defined under CEQA.

Additionally, the Draft EIR shows that the Project’s localized emissions during construction and operational activity would be less than significant without implementation of mitigation measures (pages 4.2 -26 through

4.2-28). Therefore, the Project would not burden the local community or sensitive populations. As a result, the burdens of pollution, referenced in Gov. Code § 65040.12, subd (e), are not focused on a sensitive population or a community already experiencing adverse effects.

A-11: The City Council needs to make the right decision and further protect its citizenry and neighbors from the I environmental impact burdens they will encounter and approve GSEJA's appeal in requesting a new EIR and strive for a Leadership in Energy Environmental Design (LEED) Platinum Certification and or Net Zero Project.

Response A-11: Comment noted.

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A-12: Due to the above -mentioned reasons as well as the reasons listed in the original comment letter to the EIR, GSEJA believes the EIR is flawed and a new EIR must be prepared for the proposed project and circulated for public review. GSEJA requests the City of Menifee City Council reverse the decision of the Planning Commission approval of the project and require a new EIR.

Response A-12: Comment noted. The City disagrees that the EIR is flawed and does not feel that a new EIR must be prepared.

A-13: Refer to Bracketed Appeal Letter A for the entire comment. Response A-11: Comment noted.

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RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA DENYING APPEAL NO. PLN25-0110 OF THE

NORTHERN GATEWAY LOGISTICS CENTER WAREHOUSE
PROJECT (PLOT PLAN NO. PLN23-0040)
WHEREAS, on February 15, 2023, the applicant, Lovett Industrial, LLC (“Applicant”), filed a formal application with the City of Menifee for the approval of Plot Plan (PP) No. PLN23-0040 for the construction of two speculative warehouses. Building 1 (northern building) is 45 feet 1 inch in height and includes 99,326 square feet of warehousing space with 6,000 square feet of office space for a total of 105,326 square feet. Building 2 is 45 feet 7 inches in height and includes 277,715 square feet of warehousing space, 8,000 square feet of office space and a 7,000 square-foot mezzanine for a total of 292,715 square feet. Both warehouses have a combined total of 398,041 square feet. (the “Project”). The Project is generally located south of Ethanac Road, east of Evans Road, west of Barnett Road, and north of McLaughlin Road within the City of Menifee (City), County of Riverside, State of California (Assessor Parcel Numbers [APNs]: 331-060-007, 331-060-008, 331-060-030, 331-060-023, and 331-060- 020); and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared to analyze and mitigate the Project's potentially significant environmental impacts; and WHEREAS, on May 14, 2025, at a legally noticed public hearing, the Planning Commission voted 4-1 to certify the EIR, Findings of Fact, Mitigation Monitoring and Reporting Plan (MMRP), and approve PP No. PLN23-0040 for the Project; and WHEREAS, on May 23, 2025, an application to appeal Planning Commission certification of the EIR for the Project and approval of PP No. PLN23-0040 was submitted by the City of Perris; and
WHEREAS, on July 16, 2025, the City Council of the City of Menifee held a public hearing on the appeal of the Planning Commission’s certification of the EIR and approval of PP No. PLN23-0040 and Resolution Nos. PC25-662 and PC25-663, considered all public testimony as well as all materials in the staff report and accompanying documents for the appeal, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, notice to property owners within 500 feet of the Project boundaries, on-site posting at the Project site, and to persons requesting public notice.

NOW THEREFORE, the City Council of the City of Menifee hereby approves the following:

1. That the City Council finds the facts presented within the public record and within Exhibit “A” of the Resolution provides the basis to deny Appeal No. PLN25-0110.

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