2 8
6 1
experienced City staff members, evaluated the proposals based on the specific criteria and scoring parameters stated in the RFP. The results of the initial proposal scoring are shown in Table 1.
TABLE 1 – PROPOSAL RANKING SUMMARY
Following the review and evaluation of proposals and to further assess the proposed project team to determine which firm most closely aligned with the scope of work outlined in the RFP, the top four scoring firms were subsequently invited to participate in selection interviews. The interview and selection processes were conducted in accordance with City purchasing guidelines. The interviews provided an opportunity to meet and interact with each firm’s proposed project team and to further assess which firm offered the most technical expertise to deliver a successful project. The average scores of the final evaluation, as completed by the interview panel, are summarized in Table 2.
TABLE 2 – SELECTION INTERVIEW FIRM RANKING SUMMARY
Under the California Government Code Section 4526, local agencies are required to select professional services for architectural, landscape architectural, engineering, environmental, land surveying, or construction project management solely on the basis of demonstrated competence and professional qualifications. For this reason, cost proposals are sealed until the selection process is completed. After a thorough review, In-Site Landscape Architecture, Inc. (Consultant) was selected as the highest-ranking proposer.
Firm Name Proposal Scoring Initial Proposal
Ranking
In-Site Landscape Architecture, Inc. 91.50 1
David Volz Design Landscape Architects 82.25 2
BMLA Landscape and Architecture, Inc. 82.00 3
Hirsch & Associates 82.00 4
Albert A. Webb and Associates 79.00 5
RHA Landscape Architects-Planners, Inc. 76.75 6
Moore Iacofano Goltsman, Inc. (dba MIG, Inc.) 75.25 7
RJM Design Group, Inc. 75.00 8
Firm Name Interview
Score
Cost
Proposal
Base Fee
Total Cost
Proposal
(with options)
Final
Negotiated
Cost
Qualification
Ranking
In-Site Landscape
Architecture, Inc. 85.40 $288,404.50 $401,355.00 $159,683.50 1 David Volz Design
Landscape
Architects
74.40 SEALED SEALED N/A 2
BMLA Landscape
and Architecture,
Inc.
72.40 SEALED SEALED N/A 3
Hirsch & Associates 63.80 SEALED SEALED N/A 4
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 2
Menifee Mayor and City Council
August 20, 2025
Page
483 of 731
City of Menifee Staff Report
CIP 24-16 Landscape & Design PSA
August 20, 2025
2 8
6 1
The Consultant demonstrated qualified experience and a comprehensive understanding relevant to the Project’s scope as outlined in the RFP. The City’s independent estimate for the Project was $160,000. The final cost proposal from the Consultant was $159,683.50, which was determined to be reasonable and within the established Project budget.
The amount of the proposed agreement exceeds the City Manager’s signing authority. Pursuant to Resolution No. 24-1569 and Menifee Municipal Code §3.12.060, any contract amount that exceeds the City Manager’s signing authority shall be approved by the City Council.
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
FISCAL IMPACT
The fiscal impact of the proposed Agreement with In-Site Landscape Architecture, Inc. is for the total amount not-to-exceed $159,683.50. Funding for the Agreement is available in the Fiscal Year 2025/2026 budget from the Local Park Quimby Fund (4320-PWD-CIPC-906-02620-652800) as summarized in Table 3 below.
TABLE 3 – PROJECT BUDGET
Fund Project Account String Available Budget Anticipated Cost Local Park Quimby CIP24-16.2620.DES.CAE $617,147.00 $159,683.50 TOTAL $617,147.00 $159,683.50
ATTACHMENTS
1. Project Location Map
2. Agreement
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 3
Menifee Mayor and City Council
August 20, 2025
Page
484 of 731
C a n y o n H e i g h t s D r
Sierra Dr
Wells Pl
C
h
e
y
e
n
n
e
C
a
n
y
o
n
D
r
Silver
Summit Ct
C
o
n
n
e
c
t
i c
u
t
D
r
Mountain View Pl
E s c a l a n t e R d
P i n n a c a l e C o r e y C
t
V
e
r
m
i
l
l
i
o
n
L
n
Lodge Dr
Norma Dr
Cypress Pl
Newport Dr
CANYON LAKE
G
o e t z
R
d
Map Symbology
CIP 24-16
0 0.04 0.08
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\CIP Location Maps\CIP 24-16\ArcGIS Pro Project\CIP 24-16\CIP 24-16.aprx Date: 7/23/2025 ¹
Quail Valley Park (CIP 24-16)
Project Location Map
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 4
Menifee Mayor and City Council
August 20, 2025
Page
485 of 731
2905/031858-0001
18155996.1 a05/08/25
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 24-16 QUAIL VALLEY PARK PROJECT
(PROFESSIONAL LANDSCAPE DESIGN SERVICES)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2025 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and IN-SITE LANDSCAPE ARCHITECTURE, INC., a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on August 20, 2025 and shall end on December 31, 2026 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 5
Menifee Mayor and City Council
August 20, 2025
Page
486 of 731
2905/031858-0001
18155996.1 a05/08/25 -2-
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.
1.7 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all applicable emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed One Hundred Fifty Nine Thousand Six Hundred Eighty Three Dollars and Fifty Cents ($159,683.50) 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; Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 6
Menifee Mayor and City Council
August 20, 2025
Page
487 of 731
2905/031858-0001
18155996.1 a05/08/25 -3-
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 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 7
Menifee Mayor and City Council
August 20, 2025
Page
488 of 731
2905/031858-0001
18155996.1 a05/08/25 -4-
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 8
Menifee Mayor and City Council
August 20, 2025
Page
489 of 731
2905/031858-0001
18155996.1 a05/08/25 -5-
fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 9
Menifee Mayor and City Council
August 20, 2025
Page
490 of 731
2905/031858-0001
18155996.1 a05/08/25 -6-
b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 24- 16 QUAIL VALLEY PARK PROJECT (PROFESSIONAL LANDSCAPE DESIGN SERVICES). The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 10
Menifee Mayor and City Council
August 20, 2025
Page
491 of 731
2905/031858-0001
18155996.1 a05/08/25 -7-
d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 11
Menifee Mayor and City Council
August 20, 2025
Page
492 of 731
2905/031858-0001
18155996.1 a05/08/25 -8-
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 12
Menifee Mayor and City Council
August 20, 2025
Page
493 of 731
2905/031858-0001
18155996.1 a05/08/25 -8-
b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 13
Menifee Mayor and City Council
August 20, 2025
Page
494 of 731
2905/031858-0001
18155996.1 a05/08/25 -9-
SECTION 1. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 2. LEGAL REQUIREMENTS.
2.1 Governing Law. The laws of the State of California shall govern this Agreement.
2.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
2.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 14
Menifee Mayor and City Council
August 20, 2025
Page
495 of 731
2905/031858-0001
18155996.1 a05/08/25 -10-
defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 15
Menifee Mayor and City Council
August 20, 2025
Page
496 of 731
2905/031858-0001
18155996.1 a05/08/25 -11-
calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 16
Menifee Mayor and City Council
August 20, 2025
Page
497 of 731
2905/031858-0001
18155996.1 a05/08/25 -12-
18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 17
Menifee Mayor and City Council
August 20, 2025
Page
498 of 731
2905/031858-0001
18155996.1 a05/08/25 -12-
Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 18
Menifee Mayor and City Council
August 20, 2025
Page
499 of 731
2905/031858-0001
18155996.1 a05/08/25 -13-
Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 19
Menifee Mayor and City Council
August 20, 2025
Page
500 of 731
2905/031858-0001
18155996.1 a05/08/25 -14-
and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 20
Menifee Mayor and City Council
August 20, 2025
Page
501 of 731
2905/031858-0001
18155996.1 a05/08/25 -15-
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 21
Menifee Mayor and City Council
August 20, 2025
Page
502 of 731
2905/031858-0001
18155996.1 a05/08/25 -15-
constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Timothy F. Jachlewski Jr. (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Diego Guillen, Senior Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.
Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
IN-SITE LANDSCAPE ARCHITECTURE, INC.
Attn: Timothy F. Jachlewski Jr.
2907 Shelter Island Drive #105-417
San Diego, CA 92106
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Diego Guillen, Senior Engineer
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 22
Menifee Mayor and City Council
August 20, 2025
Page
503 of 731
2905/031858-0001
18155996.1 a05/08/25 -16-
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 Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 23
Menifee Mayor and City Council
August 20, 2025
Page
504 of 731
2905/031858-0001
18155996.1 a05/08/25 -17-
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 24
Menifee Mayor and City Council
August 20, 2025
Page
505 of 731
2905/031858-0001
18155996.1 a05/08/25 -17-
interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 25
Menifee Mayor and City Council
August 20, 2025
Page
506 of 731
2905/031858-0001
18155996.1 a05/08/25 -18-
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando Villa, City Manager
Attest:
Stephanie Roseen, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Timothy F. Jachlewski Jr., President
TBD
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 26
Menifee Mayor and City Council
August 20, 2025
Page
507 of 731
2905/031858-0001
18155996.1 a05/08/25
EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include CIP 24-16 QUAIL VALLEY PARK PROJECT (PROFESSIONAL LANDSCAPE DESIGN SERVICES) services in the amount not to exceed One Hundred Fifty Nine Thousand Six Hundred Eighty Three Dollars and Fifty Cents ($159,683.50) as further detailed in the following page(s).
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 27
Menifee Mayor and City Council
August 20, 2025
Page
508 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 28
Menifee Mayor and City Council
August 20, 2025
Page
509 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 29
Menifee Mayor and City Council
August 20, 2025
Page
510 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 30
Menifee Mayor and City Council
August 20, 2025
Page
511 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 31
Menifee Mayor and City Council
August 20, 2025
Page
512 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 32
Menifee Mayor and City Council
August 20, 2025
Page
513 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 33
Menifee Mayor and City Council
August 20, 2025
Page
514 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 34
Menifee Mayor and City Council
August 20, 2025
Page
515 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 35
Menifee Mayor and City Council
August 20, 2025
Page
516 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 36
Menifee Mayor and City Council
August 20, 2025
Page
517 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 37
Menifee Mayor and City Council
August 20, 2025
Page
518 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 38
Menifee Mayor and City Council
August 20, 2025
Page
519 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 39
Menifee Mayor and City Council
August 20, 2025
Page
520 of 731
2905/031858-0001
18155996.1 a05/08/25 EXHIBIT A.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 40
Menifee Mayor and City Council
August 20, 2025
Page
521 of 731
2905/031858-0001
18155996.1 a00/00/00
EXHIBIT A.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 41
Menifee Mayor and City Council
August 20, 2025
Page
522 of 731
2905/031858-0001
18155996.1 a00/00/00 EXHIBIT A.
Item Title: 10.14
Agreement with In-Site Landscape Architecture, Inc. for Landscape and Civil Design Services for the Quail Valley Park Project Item Page Number: 42
Menifee Mayor and City Council
August 20, 2025
Page
523 of 731
CITY OF MENIFEE
SUBJECT: Public Improvement Agreement, and Bonds for Plot Plan 2018-225 Vista Ridge Apartments, by Luis Navarro
MEETING DATE: August 20, 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 City Manager to execute a Public Improvement Agreement and cash securities to guarantee the completion of the required public improvements associated with Plot Plan 2018-225, Vista Ridge Apartments by Luis Navarro, located south of Boulder Rock Place, west of Murrieta Road, east of Amber Rock Drive, and north of Thornton Avenue.
DISCUSSION
Plot Plan 2018-225, Assessor’s Parcel Number 335-481-017, commonly known as Vista Ridge Apartments (Project), proposes the development of a vacant 2-acre parcel for residential use. The Project includes the construction of 30 apartment units, along with private access roads and a dedicated park area for residents. The Project is located south of Boulder Rock Place, west of Murrieta Road, east of Amber Rock Drive, and north of Thornton Avenue, as shown in the attached Project Location Map.
Luis Navarro (Developer) is requesting approval of the associated Public Improvement Agreement (Agreement) and cash securities 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 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 of approval. A summary of the cash securities being posted to guarantee the required improvements are shown in Tables 1 and 2 on the following page.
Item Title: 10.15
Public Improvement Agreement, and Bonds for Plot Plan 2018-225 Vista Ridge Apartments, by Luis Navarro Item Page Number: 1
Menifee Mayor and City Council
August 20, 2025
Page
524 of 731
City of Menifee Staff Report
Public Improvement Agreement – Vista Ridge Apartments
August 20, 2025
2 8
1 7
TABLE 1 – STREET, DRAINAGE, LANDSCAPE IMPROVEMENTS
Improvement Security Faithful Performance Labor & Materials Streets and
Drainage Check No. 6752 $ 660,500 $ 660,500
Total $ 660,500 $ 660,500
TABLE 2 – WATER & SEWER IMPROVEMENTS
Improvement Security Faithful Performance Labor & Materials Water Check No. 6753 $ 74,000 $ 74,000
Sewer Check No. 6753 $ 51,000 $ 51,000
Total $ 125,000 $ 125,000
The securities required for all improvements have been provided by the Developer in the total amount of $785,500.
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 Plot Plan 2018-225. 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 35, Zone 35.
ATTACHMENTS
1. Project Location Map
2. Agreement
Item Title: 10.15
Public Improvement Agreement, and Bonds for Plot Plan 2018-225 Vista Ridge Apartments, by Luis Navarro Item Page Number: 2
Menifee Mayor and City Council
August 20, 2025
Page
525 of 731
MURRIETA
RD
UPPER CREST CT
TURFWOOD ST
THORNTON AVE
RANGEW
OOD
ST
REDRIVER
DR
BLUEBELL STBOULDER ROCK PL
BALSAM FIR CIR
SHADYWOOD ST
^_ MENIFEE
RD
ETHANAC RD
SHERMAN
RD
MURRIETA
RD
MCLAUGHLIN RD
OREGONPL
JUNO ST
MONUM ENT PKWY
SUNCITYBLVD
CANNON
DR
CASAB
ONITA AVE
GOLDENROD AVE
ALD ERGATE DR
EASTDR
JUNIPERO RD
ASPEL RD
BARNETT RD
§¨¦215
VELADR
LUPIN PL LASFLORES DR
(MAINTENANCE SERVICES)
ANNEXATION NO. 35
PROJECT MAP
VISTA RIDGE APARTMENTS
PP2018-225
Item Title: 10.15
Public Improvement Agreement, and Bonds for Plot Plan 2018-225 Vista Ridge Apartments, by Luis Navarro Item Page Number: 3
Menifee Mayor and City Council
August 20, 2025
Page
526 of 731
Item Title: 10.15
Public Improvement Agreement, and Bonds for Plot Plan 2018-225 Vista Ridge Apartments, by Luis Navarro Item Page Number: 4
Menifee Mayor and City Council
August 20, 2025
Page
527 of 731
Item Title: 10.15
Public Improvement Agreement, and Bonds for Plot Plan 2018-225 Vista Ridge Apartments, by Luis Navarro Item Page Number: 5
Menifee Mayor and City Council
August 20, 2025
Page
528 of 731
Item Title: 10.15
Public Improvement Agreement, and Bonds for Plot Plan 2018-225 Vista Ridge Apartments, by Luis Navarro Item Page Number: 6
Menifee Mayor and City Council
August 20, 2025
Page
529 of 731
Item Title: 10.15
Public Improvement Agreement, and Bonds for Plot Plan 2018-225 Vista Ridge Apartments, by Luis Navarro Item Page Number: 7
Menifee Mayor and City Council
August 20, 2025
Page
530 of 731
Item Title: 10.15
Public Improvement Agreement, and Bonds for Plot Plan 2018-225 Vista Ridge Apartments, by Luis Navarro Item Page Number: 8
Menifee Mayor and City Council
August 20, 2025
Page
531 of 731
Item Title: 10.15
Public Improvement Agreement, and Bonds for Plot Plan 2018-225 Vista Ridge Apartments, by Luis Navarro Item Page Number: 9
Menifee Mayor and City Council
August 20, 2025
Page
532 of 731
Item Title: 10.15
Public Improvement Agreement, and Bonds for Plot Plan 2018-225 Vista Ridge Apartments, by Luis Navarro Item Page Number: 10
Menifee Mayor and City Council
August 20, 2025
Page
533 of 731
Item Title: 10.15
Public Improvement Agreement, and Bonds for Plot Plan 2018-225 Vista Ridge Apartments, by Luis Navarro Item Page Number: 11
Menifee Mayor and City Council
August 20, 2025
Page
534 of 731
Item Title: 10.15
Public Improvement Agreement, and Bonds for Plot Plan 2018-225 Vista Ridge Apartments, by Luis Navarro Item Page Number: 12
Menifee Mayor and City Council
August 20, 2025
Page
535 of 731
Item Title: 10.15
Public Improvement Agreement, and Bonds for Plot Plan 2018-225 Vista Ridge Apartments, by Luis Navarro Item Page Number: 13
Menifee Mayor and City Council
August 20, 2025
Page
536 of 731
Item Title: 10.15
Public Improvement Agreement, and Bonds for Plot Plan 2018-225 Vista Ridge Apartments, by Luis Navarro Item Page Number: 14
Menifee Mayor and City Council
August 20, 2025
Page
537 of 731
Item Title: 10.15
Public Improvement Agreement, and Bonds for Plot Plan 2018-225 Vista Ridge Apartments, by Luis Navarro Item Page Number: 15
Menifee Mayor and City Council
August 20, 2025
Page
538 of 731
CITY OF MENIFEE
SUBJECT: Public Improvement Agreement, Bonds, Acceptance and 90% Release of Securities for Tract Map Nos. 28786, 28791,
28792, 28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC
MEETING DATE: August 20, 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 Public Improvement Agreement for landscape improvements associated with Quartz Ranch, Tract Map Nos. 28786, 28791, 28792, 28793 and 28794, located on the east and west sides of Evans Road, north of Holland Road, and south of La Piedra Road; and
2. Accept the public landscape improvements for Quartz Ranch and authorize the City Engineer to release 90% of the posted securities per the City’s standard policies.
DISCUSSION
Lennar Homes of California, LLC (Developer), is the developer of Quartz Ranch (Project), a multi- tract subdivision of 379 single-family residential homes on a 118.87 gross-acre property. The Project is located on both the east and west sides of Evans Road, north of Holland Road, and south of La Piedra Road, as depicted in the attached Project Map.
As a part of the Project’s conditions of approval, the Developer must enter into the proposed Public Improvement Agreement (Agreement) with the City and provide improvement securities.
The Developer has completed construction of landscape improvements and points of connection (POCs) located within Tract Nos. 28786, 28791, 28793, and 28794. There were no POCs located TM 28792. The Developer is now requesting acceptance of the completed improvements into the City’s maintenance system. Staff has inspected the complete improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met to release the faithful performance security and labor and materials security in accordance with City policy.
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 1
Menifee Mayor and City Council
August 20, 2025
Page
539 of 731
City of Menifee Staff Report
Public Improvement Agreement – Quartz Ranch
August 20, 2025
2 8
5 2
A 10% warranty security would be held for a period of one year following the completion and acceptance of the improvements. A summary of the bonds being posted to guarantee the required improvements is shown in Table 1.
TABLE 1 – POSTED SECURITY FOR IMPROVEMENTS
Improvement Security No.
Performance / Material
Faithful
Performance
Material & Labor
Bond
TM 28791 POC 1
IP21-021L
CMS0352251 $ 275,500 $ 137,750
TM 28791 POC 2
IP21-022L
0809008 $ 306,000 $ 153,000
TM 28793 POC 3
IP21-023L
9420106 $ 501,500 $ 250,750
TM 28794 POC 5
IP21-024L
024287803 $ 645,000 $ 322,500
TM 28786 POC 6
IP21-025L
9388921 $ 220,000 $ 110,000
Total $ 1,948,000 $ 974,000
Upon approval and full execution of the proposed Agreement and associated warranty bonds, acceptance of the landscape improvements would be finalized with the Developer. The warranty would be eligible for full release following a one-year period per the Agreement.
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 and deposits to cover the costs of the required inspection of the complete improvements. Ongoing maintenance costs for the improvements would be supported through approved Fiscal Year 2025/2026 operating budgets in maintenance Community Facilities District (CFD) 2015-2, Annex 29. Zone 29.
ATTACHMENTS
1. Project Map
2. Agreement
3. Bond – POC 1
4. Bond – POC 2
5. Bond – POC 3
6. Bond – POC 5
7. Bond – POC 6
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 2
Menifee Mayor and City Council
August 20, 2025
Page
540 of 731
PROJECT LOCATION MAP
QUARTZ RANCH
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 3
Menifee Mayor and City Council
August 20, 2025
Page
541 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 4
Menifee Mayor and City Council
August 20, 2025
Page
542 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 5
Menifee Mayor and City Council
August 20, 2025
Page
543 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 6
Menifee Mayor and City Council
August 20, 2025
Page
544 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 7
Menifee Mayor and City Council
August 20, 2025
Page
545 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 8
Menifee Mayor and City Council
August 20, 2025
Page
546 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 9
Menifee Mayor and City Council
August 20, 2025
Page
547 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 10
Menifee Mayor and City Council
August 20, 2025
Page
548 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 11
Menifee Mayor and City Council
August 20, 2025
Page
549 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 12
Menifee Mayor and City Council
August 20, 2025
Page
550 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 13
Menifee Mayor and City Council
August 20, 2025
Page
551 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 14
Menifee Mayor and City Council
August 20, 2025
Page
552 of 731
Project: Quartz Ranch - POC 1 - CFD Streetscape
Qty Size Unit Cost Total
2 72" Box 2,500.00$ 5,000.00$
2 60" Box 1,750.00$ 3,500.00$
3 48" Box 1,200.00$ 3,600.00$
64 24" Box 275.00$ 17,600.00$
100 15 Gal 65.00$ 6,500.00$
1,356 5 Gal 18.00$ 24,408.00$
60 1 Gal 8.00$ 480.00$
3,047 1 Gal 8.00$ 24,376.00$
79 5 Gal 25.00$ 1,975.00$
20,672 S.F. 0.20$ 4,134.40$
20,672 S.F. 0.11$ 2,273.92$
-$
93,847.32$
IRRIGATION
Qty Item Unit Cost Total
20,672 S.F. 2.50$ 51,680.00$
1 L.S. 12,500.00$ 12,500.00$
1 Each -$ -$
-$
64,180.00$
CONSTRUCTION
Qty Item Unit Cost Total
1 Each 500.00$ 500.00$
32 Y.D. 120.00$ 3,840.00$
88 Y.D. 120.00$ 10,560.00$
33 Each 75.00$ 2,475.00$
1,650 L.F. 3.00$ 4,950.00$
6,085 S.F. 0.50$ 3,042.50$
-$
25,367.50$
Prepared by:
183,394.82$
36,678.96$
14,671.59$
40,818.25$
275,563.62$
Landscape Subtotal
Description
Irrigation - Drip
Irrigation Subtotal
LANDSCAPE
Description
Tree with Root Barrier
Bed Preparation
Vines
Tree with Root Barrier
Shrub
Mulch
Groundcover
Shrub
IP21-021L
Description
Concrete Mow Curb - (50 L.F.)
Small Rock Cobble
September 21, 2022
Tree with Root Barrier
Tree with Root Barrier
Shrub
TOTAL ESTIMATE
Large Rock Cobble
Meters - Electrical & Water
Controller - Existing (POC 2)
NOTE: All Unit Costs include
material, labor profit and overhead
for the Landscape Subcontractor.
Boulders
Construction Subtotal
8% Inspection Fee:
1 Year Landscape Maintenance
20% Contingency:
Base Estimate:
Metal Edging
Cobble Area Grading and Excavation
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 15
Menifee Mayor and City Council
August 20, 2025
Page
553 of 731
Project: Quartz Ranch - POC 2 - CFD Streetscape
Qty Size Unit Cost Total
115 24" Box 275.00$ 31,625.00$
1,092 5 Gal 18.00$ 19,656.00$
3,028 1 Gal 8.00$ 24,224.00$
138 Flats 20.00$ 2,760.00$
119 5 Gal 25.00$ 2,975.00$
37,625 S.F. 0.20$ 7,525.00$
37,625 S.F. 0.11$ 4,138.75$
-$
92,903.75$
IRRIGATION
Qty Item Unit Cost Total
37,625 S.F. 2.50$ 94,062.50$
1 L.S. 12,500.00$ 12,500.00$
1 Each 5,000.00$ 5,000.00$
-$
111,562.50$
CONSTRUCTION
Qty Item Unit Cost Total
1 Each 500.00$ 500.00$
-$
500.00$
Prepared by:
204,966.25$
40,993.25$
16,397.30$
40,818.25$
303,175.05$ TOTAL ESTIMATE
NOTE: All Unit Costs include
material, labor profit and overhead
for the Landscape Subcontractor.
Construction Subtotal
Base Estimate:
20% Contingency:
8% Inspection Fee:
1 Year Landscape Maintenance
Description
Bed Preparation
Landscape Subtotal
Description
Irrigation - Drip
Concrete Mow Curb - (50 L.F.)
Mulch
IP21-022L
May 24, 2021
LANDSCAPE
Description
Tree with Root Barrier
Shrub
Shrub & Groundcover
Vines
Groundcover
Meters - Electrical & Water
Controller
Irrigation Subtotal
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 16
Menifee Mayor and City Council
August 20, 2025
Page
554 of 731
Project: Quartz Ranch - POC 3 - CFD Streetscape
Qty Size Unit Cost Total
2 48" Box 1,200.00$ 2,400.00$
16 36" Box 600.00$ 9,600.00$
133 24" Box 275.00$ 36,575.00$
31 15 Gal 65.00$ 2,015.00$
2,903 5 Gal 18.00$ 52,254.00$
6,733 1 Gal 8.00$ 53,864.00$
12 Flats 20.00$ 240.00$
80 5 Gal 25.00$ 2,000.00$
51,747 S.F. 0.20$ 10,349.40$
51,747 S.F. 0.11$ 5,692.17$
-$
172,589.57$
IRRIGATION
Qty Item Unit Cost Total
49,316 S.F. 2.50$ 123,290.00$
1 L.S. 12,500.00$ 12,500.00$
1 Each 5,000.00$ 5,000.00$
-$
140,790.00$
CONSTRUCTION
Qty Item Unit Cost Total
835 L.F. 5.00$ 4,175.00$
26 Y.D. 120.00$ 3,120.00$
80 Y.D. 120.00$ 9,600.00$
50 Each 75.00$ 3,750.00$
2,911 S.F. 5.00$ 14,555.00$
2 Each 900.00$ 1,800.00$
2 Each 900.00$ 1,800.00$
1 Each 200.00$ 200.00$
1,758 L.F. 3.00$ 5,274.00$
5,381 S.F. 0.50$ 2,690.50$
-$
46,964.50$
Prepared by:
360,344.07$
72,068.81$
28,827.53$
40,818.25$
502,058.66$
Bed Preparation
IP21-023L
December 22, 2022
Shrub
Shrub
Shrub & Groundcover
Groundcover
Mulch
Vines
LANDSCAPE
Description
Tree with Root Barrier
Tree with Root Barrier
Tree with Root Barrier
TOTAL ESTIMATE
Stabilized Decomposed Granite
Bench
Trash Receptacle
Pet Waste Station
NOTE: All Unit Costs include
material, labor profit and overhead
for the Landscape Subcontractor.
Construction Subtotal
Base Estimate:
20% Contingency:
Metal Edging
Cobble Area Grading and Excavation
8% Inspection Fee:
1 Year Landscape Maintenance
Irrigation Subtotal
Description
Concrete Mow Curb
Large Rock Cobble
Boulders
Small Rock Cobble
Landscape Subtotal
Description
Irrigation - Drip
Meters - Electrical & Water
Controller
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 17
Menifee Mayor and City Council
August 20, 2025
Page
555 of 731
Project: Quartz Ranch - POC 5 - CFD Streetscape
Qty Size Unit Cost Total
104 24" Box 275.00$ 28,600.00$
86 15 Gal 150.00$ 12,900.00$
1,607 5 Gal 18.00$ 28,926.00$
5,080 1 Gal 8.00$ 40,640.00$
460 Flats 20.00$ 9,200.00$
12,165 Liners 3.00$ 36,495.00$
111 5 Gal 25.00$ 2,775.00$
118,065 S.F. 0.20$ 23,613.00$
118,065 S.F. 0.11$ 12,987.15$
-$
196,136.15$
IRRIGATION
Qty Item Unit Cost Total
22,183 S.F. 2.50$ 55,457.50$
95,882 S.F. 2.00$ 191,764.00$
1 L.S. 12,500.00$ 12,500.00$
1 Each 5,000.00$ 5,000.00$
1 Each 10,000.00$ 10,000.00$
-$
274,721.50$
CONSTRUCTION
Qty Item Unit Cost Total
114 L.F. 5.00$ 570.00$
-$
570.00$
Prepared by:
471,427.65$
94,285.53$
37,714.21$
40,818.25$
644,245.64$
Mulch
IP21-024L
October 25, 2021
LANDSCAPE
Description
Tree with Root Barrier
Shrub
Shrub & Groundcover
Groundcover
Vines
Concrete Mow Curb
Bed Preparation
Landscape Subtotal
Description
Irrigation - Drip
Meters - Electrical & Water
Booster Pump
TOTAL ESTIMATE
Irrigation - Spray
Tree with Root Barrier
Groundcover
NOTE: All Unit Costs include
material, labor profit and overhead
for the Landscape Subcontractor.
Construction Subtotal
Base Estimate:
20% Contingency:
8% Inspection Fee:
1 Year Landscape Maintenance
Controller
Irrigation Subtotal
Description
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 18
Menifee Mayor and City Council
August 20, 2025
Page
556 of 731
Project: Quartz Ranch - POC 6 - CFD Streetscape
Qty Size Unit Cost Total
89 24" Box 275.00$ 24,475.00$
1,248 5 Gal 18.00$ 22,464.00$
208 1 Gal 8.00$ 1,664.00$
172 Flats 20.00$ 3,440.00$
49 5 Gal 25.00$ 1,225.00$
25,877 S.F. 0.20$ 5,175.40$
25,877 S.F. 0.11$ 2,846.47$
-$
61,289.87$
IRRIGATION
Qty Item Unit Cost Total
3,997 S.F. 2.50$ 9,992.50$
21,880 S.F. 2.00$ 43,760.00$
1 L.S. 12,500.00$ 12,500.00$
1 Each -$ -$
-$
66,252.50$
CONSTRUCTION
Qty Item Unit Cost Total
1 Each 500.00$ 500.00$
9 Y.D. 120.00$ 1,080.00$
44 Y.D. 120.00$ 5,280.00$
22 Each 75.00$ 1,650.00$
1,068 L.F. 3.00$ 3,204.00$
2,507 S.F. 0.50$ 1,253.50$
-$
12,967.50$
Prepared by:
140,509.87$
28,101.97$
11,240.79$
40,818.25$
220,670.88$
Metal Edging
Cobble Area Grading and Excavation
IP21-025L
May 24, 2021
LANDSCAPE
Description
Landscape Subtotal
Description
Irrigation - Drip
Meters - Electrical & Water
Tree with Root Barrier
Shrub
Groundcover
Vines
Mulch
Description
Concrete Mow Curb - (95 L.F.)
Small Rock Cobble
Bed Preparation
TOTAL ESTIMATE
Groundcover
Irrigation - Spray
Large Rock Cobble
Boulders
NOTE: All Unit Costs include
material, labor profit and overhead
for the Landscape Subcontractor.
Construction Subtotal
Base Estimate:
20% Contingency:
8% Inspection Fee:
1 Year Landscape Maintenance
Controller - Existing (Park POC 4)
Irrigation Subtotal
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 19
Menifee Mayor and City Council
August 20, 2025
Page
557 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 20
Menifee Mayor and City Council
August 20, 2025
Page
558 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 21
Menifee Mayor and City Council
August 20, 2025
Page
559 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 22
Menifee Mayor and City Council
August 20, 2025
Page
560 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 23
Menifee Mayor and City Council
August 20, 2025
Page
561 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 24
Menifee Mayor and City Council
August 20, 2025
Page
562 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 25
Menifee Mayor and City Council
August 20, 2025
Page
563 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 26
Menifee Mayor and City Council
August 20, 2025
Page
564 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 27
Menifee Mayor and City Council
August 20, 2025
Page
565 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 28
Menifee Mayor and City Council
August 20, 2025
Page
566 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 29
Menifee Mayor and City Council
August 20, 2025
Page
567 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 30
Menifee Mayor and City Council
August 20, 2025
Page
568 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 31
Menifee Mayor and City Council
August 20, 2025
Page
569 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 32
Menifee Mayor and City Council
August 20, 2025
Page
570 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 33
Menifee Mayor and City Council
August 20, 2025
Page
571 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 34
Menifee Mayor and City Council
August 20, 2025
Page
572 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 35
Menifee Mayor and City Council
August 20, 2025
Page
573 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 36
Menifee Mayor and City Council
August 20, 2025
Page
574 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 37
Menifee Mayor and City Council
August 20, 2025
Page
575 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 38
Menifee Mayor and City Council
August 20, 2025
Page
576 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 39
Menifee Mayor and City Council
August 20, 2025
Page
577 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 40
Menifee Mayor and City Council
August 20, 2025
Page
578 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 41
Menifee Mayor and City Council
August 20, 2025
Page
579 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 42
Menifee Mayor and City Council
August 20, 2025
Page
580 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 43
Menifee Mayor and City Council
August 20, 2025
Page
581 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 44
Menifee Mayor and City Council
August 20, 2025
Page
582 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 45
Menifee Mayor and City Council
August 20, 2025
Page
583 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 46
Menifee Mayor and City Council
August 20, 2025
Page
584 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 47
Menifee Mayor and City Council
August 20, 2025
Page
585 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 48
Menifee Mayor and City Council
August 20, 2025
Page
586 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 49
Menifee Mayor and City Council
August 20, 2025
Page
587 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 50
Menifee Mayor and City Council
August 20, 2025
Page
588 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 51
Menifee Mayor and City Council
August 20, 2025
Page
589 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 52
Menifee Mayor and City Council
August 20, 2025
Page
590 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 53
Menifee Mayor and City Council
August 20, 2025
Page
591 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 54
Menifee Mayor and City Council
August 20, 2025
Page
592 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 55
Menifee Mayor and City Council
August 20, 2025
Page
593 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 56
Menifee Mayor and City Council
August 20, 2025
Page
594 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 57
Menifee Mayor and City Council
August 20, 2025
Page
595 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 58
Menifee Mayor and City Council
August 20, 2025
Page
596 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 59
Menifee Mayor and City Council
August 20, 2025
Page
597 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 60
Menifee Mayor and City Council
August 20, 2025
Page
598 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793 and 28794 for Quartz Ranch, by Lennar Homes of California, LLC Item Page Number: 61
Menifee Mayor and City Council
August 20, 2025
Page
599 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793
and
28794
for
Quartz
Ranch,
by
Lennar
Homes
of California, LLC
Item Page Number: 62
Menifee Mayor and City Council
August 20, 2025
Page
600 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793
and
28794
for
Quartz
Ranch,
by
Lennar
Homes
of California, LLC
Item Page Number: 63
Menifee Mayor and City Council
August 20, 2025
Page
601 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793
and
28794
for
Quartz
Ranch,
by
Lennar
Homes
of California, LLC
Item Page Number: 64
Menifee Mayor and City Council
August 20, 2025
Page
602 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793
and
28794
for
Quartz
Ranch,
by
Lennar
Homes
of California, LLC
Item Page Number: 65
Menifee Mayor and City Council
August 20, 2025
Page
603 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793
and
28794
for
Quartz
Ranch,
by
Lennar
Homes
of California, LLC
Item Page Number: 66
Menifee Mayor and City Council
August 20, 2025
Page
604 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793
and
28794
for
Quartz
Ranch,
by
Lennar
Homes
of California, LLC
Item Page Number: 67
Menifee Mayor and City Council
August 20, 2025
Page
605 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793
and
28794
for
Quartz
Ranch,
by
Lennar
Homes
of California, LLC
Item Page Number: 68
Menifee Mayor and City Council
August 20, 2025
Page
606 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793
and
28794
for
Quartz
Ranch,
by
Lennar
Homes
of California, LLC
Item Page Number: 69
Menifee Mayor and City Council
August 20, 2025
Page
607 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793
and
28794
for
Quartz
Ranch,
by
Lennar
Homes
of California, LLC
Item Page Number: 70
Menifee Mayor and City Council
August 20, 2025
Page
608 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793
and
28794
for
Quartz
Ranch,
by
Lennar
Homes
of California, LLC
Item Page Number: 71
Menifee Mayor and City Council
August 20, 2025
Page
609 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793
and
28794
for
Quartz
Ranch,
by
Lennar
Homes
of California, LLC
Item Page Number: 72
Menifee Mayor and City Council
August 20, 2025
Page
610 of 731
Item Title: 10.16
Public
Improvement
Agreement,
Bonds,
Acceptance
and
90%
Release
of
Securities
for
Tract
Map
Nos.
28786,
28791,
28792,
28793
and
28794
for
Quartz
Ranch,
by
Lennar
Homes
of California, LLC
Item Page Number: 73
Menifee Mayor and City Council
August 20, 2025
Page
611 of 731
CITY OF MENIFEE
SUBJECT: Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
MEETING DATE: August 20, 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. Accept the public improvements for streets, drainage, water, sewer, and landscape for Tract Map 36303, located east of Sherman Road and north of Holland Road; and
2. Authorize the City Engineer to release 90% of the posted securities per the City’s Standard policies.
DISCUSSION
Lennar Homes of California, LLC. (Developer) is the developer of Tract Map No. 36303, a subdivision of 35.41 acres of land into 155 lots for residential use, located east of Sherman Road and north of Holland Road, as depicted in the attached Project Map.
The Developer has completed the construction of street, drainage, water, sewer and landscape improvements and is now requesting acceptance of the completed improvements into the City’s maintenance system. Staff has inspected all of the complete improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met to release the Faithful Performance Security and Labor and Materials Security in accordance with City policy.
A 10% warranty security would be held for a period of one year in accordance with the City’s Municipal Code. The original posted securities for the improvements are listed in Table 1.
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 1
Menifee Mayor and City Council
August 20, 2025
Page
612 of 731
City of Menifee Staff Report
Public Improvement Acceptance TM 36303
August 20, 2025
2 8
5 3
TABLE 1 - ORIGINAL POSTED SECURITY IMPROVEMENTS
Improvement Security No.
Performance / Material
Faithful
Performance
Material and
Labor
Streets/Drainage 30077060 $ 4,304,000 $ 2,152,000
Water 30077060 $ 808,500 $ 404,250
Recycled Water 30077060 $ 189,500 $ 94,750
Sewer System 30077060 $ 579,500 $ 289,750
Total $5,881.500 $ 2,940,750
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 and deposits to cover the costs of the required inspection of the completed improvements. Ongoing maintenance costs for the improvements would be supported through the approved Fiscal Year 2025/2026 operating budget in Community Facilities District (CFD) 2017-1, Zone 1.
ATTACHMENTS
1. Project Map
2. Agreement – Road Improvements
3. Agreement – Water System
4. Agreement – Recycled Water System
5. Agreement – Sewer System
6. Faithful Performance and Material and Labor Bonds
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 2
Menifee Mayor and City Council
August 20, 2025
Page
613 of 731
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 3
Menifee Mayor and City Council
August 20, 2025
Page
614 of 731
DocuSign Envelope lD: 6A5C840F-64B8-4654-A1 66-6DCC61D77878
AGREEMENT
FOR THE CONSTRUCTION OF ROAD IMPROVEMENTS
TRACT 36303, tPl9-005
This Agreement for Construction of Road and Drainage lmprovements ("Agreemenf') is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Lennar Homes of California, lnc. , hereinafter called Developer.
WITNESSETH:
FIRST Developer, as part of the City's consideration of the final map for that certain land division known as Tract Map 36303. lP19-005 . hereby agrees, at Developer's own cost and expense, to furnish all Iabor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirty Days from the date this Agreement is executed, in a good and workmanlike manner, all road and drainage improvements in accordance with those Road Plans for said land division which have been approved by the City Engineer, a copy of which are on file in the office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Slandards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement.
All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer.
Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineel any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway.
The estimated cost of said work and improvemenb is the sum of Four Million Three Hundred Four $4,Thousand and no/100, Dollars 304.000.00 , ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the laMul construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.
The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attomey's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any paynent and/or taking any aclion required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any ofiicer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.
Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 4
Menifee Mayor and City Council
August 20, 2025
Page
615 of 731
DocuSign Envelope I D : 6A5C840F-6488-4654-A1 66-6D CQ61 D77 87 8 acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, aftorneys'fees, and related costs or expenses, and the reimbursement of City, its elected ofiicials, officers, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstiances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attomeys' fees and litigation cost) ("Completion Costs") incuned by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for trafiic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.
SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the Gity Engineer or his designee reasonable access to fucilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.
SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.
EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title '15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 5
Menifee Mayor and City Council
August 20, 2025
Page
616 of 731
DocuSign Envelope lD: 6A5C840F-64B8-4654-A1 66-6DCC61 D77878 bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufiiciency of the security or the amount of the bonds or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developel and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and efiect during the terms of this Agreement, including any extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be afiected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.
ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing pafi therein shall be entitled to recover from the other party thereto the reasonable attorneys' and paralegals' fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.
THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.
FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer wanants that all of its employees and contractors shall have sufiicient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 6
Menifee Mayor and City Council
August 20, 2025
Page
617 of 731
DocuSign Envelope lD: 6A5C840F-6488-4654-A1 66-6DCC61 D77878 The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transfened.
SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.
NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
DeveloperA[y
City of Menifee
29844 Haun Road
Menifee, CA 92586
Lennar Homes of California, lnc.
980 Montecito Drive
Corona, CA 92879
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.
TWENTY-FIRST Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.
This Section shall not be construed as an authorization for any Party to assign any right or obligation.
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 7
Menifee Mayor and City Council
August 20, 2025
Page
618 of 731
DocuSign Envelope lD: 6A5C840F-6488-4654-A1 66-6DCC61D77878 lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.
Dated: hnvs+ A/ ,2019'--J
Dated: Ir
CITY OF MENIFEE
2019
By: Lennar Homes of California, lnc.
Its Manaqer
CITY OF MENIFEE
B
nG.S m blic Works Director/u
By
City Engineer
APPROVED AS TO FORM:
Bitt zim(g/nful, Mayor
ATTEST
By By:
Manwarin Clerk Melching ity Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 8
Menifee Mayor and City Council
August 20, 2025
Page
619 of 731
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individua! who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside )
on August 26,20L9 before me, Karen Spletzer, Notary Public (insert name and title of the officer)
personally appeared Geoffrey Smith
who proved to me on the basis of satisfactory evidence to be the person(sf whose name(s) is/ars- subscribed to the within instrument and acknowledged to me that heffitl'ey executed the same in hisffi6gl15g7 authorized capacityljesland that by his/herltheir signature(slon the instrument the personffi or the entity upon behalf of which the person(slacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS and lseal.
IUREN SPLETZER
Notary Public - California
Riverside County
Commission # 2248230
My Comm. Expires Ju|27.202?
zz
z
Signature (Seal)
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 9
Menifee Mayor and City Council
August 20, 2025
Page
620 of 731
DocuSign Envelope lD: 6A5C840F-6488-4654-A1 66-6DCC61D77878
AGREEMENT
TRACT 36303, tP19-005
FOR THE CONSTRUCTION OF WATER SYSTEM IMPROVEMENTS
This Agreement for Construction of Water System lmprovements ("Agreement') is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Lennar Homes of California, lnc., hereinafter called Developer.
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the final map for that certain land division known AS Tract 36303. lP19-005. hereby agrees, at Developer's own cost and expense, to furnish a!! labor, equipmentandmaterialsneceSsarytoperformandcomplete,within@from the date this Agreement is executed, in a good and workmanlike manner, a water distribution system, complete with all necessary pipes, valves, fire hydrants, connections and appurtenances necessary to the satisfactory operation of said distribution system, and, further, to extend main or mains from the existing supply system maintained and operated by Eastern Munici I Water District. to connect with the distribution system described above with all pipe laid at such a depth as to provide a fully-thirty six inch (36') minimum cover from the top of the pipe to street grade, unless otherwise specmed by the City Engineer, office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. All the above required work shall be done under the inspection of and to the satlsfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineel any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Eioht Hundred Eiqht Thousand Five Hundred and no/100, Dollars, $ 808,500.00 , ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement.
Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.
The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 10
Menifee Mayor and City Council
August 20, 2025
Page
621 of 731
DocuSign Envelope lD: 6A5C840F-6488-4654-A1 66-6DCC61D77878 agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.
Developer shall defend, indemnifo, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contrac{ors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, aftorneys'fees, and related costs or expenses, and the reimbursement of City, its elected ofiicials, officers, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attomeys' fees and litigation cost) ('Completion Costs') incured by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the Cig notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.
SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.
SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineel to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developel and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to @mmence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.
EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 11
Menifee Mayor and City Council
August 20, 2025
Page
622 of 731
DocuSign Envelope lD: 6A5C840F-6488-4654-A1 66-6DCC61 D77878 sufiicient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten ('10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.
ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys' and paralegals' fees, court costs, filing fees, publication cost and other expenses incuned by the prevailing party in connection therewith, at trial and all appellate proceedings.
THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.
FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto wanant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under thisAgreement. ln the event that City mnsents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 12
Menifee Mayor and City Council
August 20, 2025
Page
623 of 731
DocuSign Envelope lD: 6A5C840F-6488-4654-A1 66-6DCC61 D77878 permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.
The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transfened.
SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.
NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
gily Developer
City of Menifee
29844 Haun Road
Menifee, CA 92586
Lennar Homes of California, lnc.
980 Montecito Drive
Corona, CA 92879
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.
TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representiatives, or assigns.
This Section shall not be construed as an authorization for any Party to assign any right or obligation.
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 13
Menifee Mayor and City Council
August 20, 2025
Page
624 of 731
DocuSign Envelope lD: 6A5C840F-6488-4654-A1 66-6DCC61 D77878 lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.
Dated: 2019l0
Dated: Ir
CITY OF MENIFEE
ATTEST
B I
,2019
By: Lennar Homes of California, lnc.
Its Manager
CITY OF MENIFEE
B \
n G. Smith, Pu lic Works Director/
ity Engineer
APPROVED AS TO FORM:
By:
w
Sa h lVlanwa n City Cle I\4elchi ity Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 14
Menifee Mayor and City Council
August 20, 2025
Page
625 of 731
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside )
on August 26,20t9 before me, Karen Spletzer, Notary Public (insert name and title of the officer)
personally appeared Geoffrey Smith
who proved to me on the basis of satisfactory evidence to be the person(a) whose name($1is/arcr subscribed to the within instrument and acknowledged to me that heffielthc:.y executed the same in hisrlurtlreirauthorized capacity{befand that by hislherltheir signature(s')"on the instrument the persoffi, or the entity upon behalf of which the perso(slacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS nd and seal KAREN SPLETZER
Notary Public - California
Riverside County
Commission # 2248730
My Comm. Expires Jul27 , 7072
zZ
zz
Signature (Seal)
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 15
Menifee Mayor and City Council
August 20, 2025
Page
626 of 731
DocuSign Envelope lD: 6A5C840F-6488-4654-A1 66-6DCC61 D77B7g
AGREEMENT
FOR THE CONSTRUCTION OF RECYCLE WATER SYSTEM IMPROVEMENTS TRACT 36303, tPl9-005
This Agreement for Construction of Recycle Water System lmprovements ('Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Lennar Homes of California, lnc., a Limited Liability Company, hereinafter called Developer.
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Tract 36303, hereby agrees, at Developer's own cost and expense, to fumish all labot equipment and materials necessary to perform and complete, within Seven Hundred and Thirtv Davs from the date this ,Agreement is executed, in a good and workmanlike manner, a water distribution system, complete with all neoessary pipes, valves, fire hydrants, connections and appurtenances necessary to the satisfactory operation of said distribution system, and, further, to extend main or mains from the existing supply system maintained and operated by Eastem Municipal Water District, to connect with the distribution system described above with all pipe laid at such a depth as to provide a fullythirty six inch (36') minimum cover from the top of the pipe to street grade, unless otheMise specified by the City Engineer, ofiice of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineel and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer fu(her agrees to maintain the above required improvements for a period of one year following acceptiance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials fumished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvemenb is the sum of One Hundred Eiqhtv Nine Thousand Five Hundred and no/100, Dollars, $ 189,500.00 ('Estimated Cosf'). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.
The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry ofjudgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developel not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.
THIRD: City shall not, nor shall any ofiicer or employee of City, be liable or responsible for any accident, loss, iniury, or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, iti Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 16
Menifee Mayor and City Council
August 20, 2025
Page
627 of 731
DocuSign Envelope lD: 6A5C840F-6488-4654-A1 66-6DCC61 D77878 agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.
Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liabilig, loss, administrative action of any federal, strate, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses! and the reimbursement of City, its elected officials, ofiicers, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees and litigation cost) ('Completion Costs') incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with S'tate law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, baniers, or detours.
SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.
SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineel to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.
EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 17
Menifee Mayor and City Council
August 20, 2025
Page
628 of 731
DocuSign Envelope lD: 6A5C840F-6488-4654-A1 66-6DCC61 D77878 sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufiicient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developel and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be afiected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.
ELEVENTH: This Agreement contains the entire Agreement of the paffes as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys' and paralegals' fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing parly in connection therewith, at trial and all appellate proceedings.
THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.
FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behaf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior wriften consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under thisAgreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufiicient skill and experience to perform the work assigned to them, and that they shall have all licenses, Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 18
Menifee Mayor and City Council
August 20, 2025
Page
629 of 731
DocuSign Envelope lD: 6A5C840F-6488-4654-A1 66-6DCC61 D77878 permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.
The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.
SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.
NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
qrly Developer
City of Menifee
29844 Haun Road
Menifee, CA 92580
Lennar Homes of California, lnc.
980 Montecito Drive
Corona, CA 92879
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.
TWENry-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their succrssors, heirs, personal representatives, or assigns.
This Section shall not be construed as an authorization for any Party to assign any right or obligation.
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 19
Menifee Mayor and City Council
August 20, 2025
Page
630 of 731
DocuSign Envelope lD: 6A5C840F-6488-4654-A1 66-6DCC61 D77878 lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.
Dated: 2019
Dated: Ir
CITY OF MENIFEE
ATTEST:
h [\4anwa
,2019
By: Lennar Homes of California, lnc
Its Manager
CITY OF MENIFEE
athan G. Smith, Public Works Director/
ity Engineer
APPROVED AS TO FORM:
By:
By:
,u a'Xfi/
t
B
ry Melchin Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
Clerk J
Fv0usf zu
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 20
Menifee Mayor and City Council
August 20, 2025
Page
631 of 731
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside )
on August 26,20L9 before me, Karen SpleEer, Notary Public (insert name and title of the officer)
personally appeared Geoffrey Smith
who proved to me on the basis of satisfactory evidence to be the person(sfwhose name(afis/are subscribed to the within instrument and acknowledged to me that he,b#they executed the same in his/ffitheirauthorized capacity(reah and that by his'/he#tlrchsignature(s,)on the instrument the person(sfor the entity upon behalf of which the person(efacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS h and al seal. KAREN SPLETZER
Notary Pubtic' California
Riverside County
Commission # 224EnA
My Comm. Expires Jul27,7077
zz
z
Signature (Seal)
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 21
Menifee Mayor and City Council
August 20, 2025
Page
632 of 731
DocuSign Envelope lD: 6A5C840F-6488-4654-A1 66-6DCC61 D77878
AGREEMENT
FOR THE CONSTRUCTION OF ON.SITE SEWER SYSTEM IMPROVEMENTS TRACT 36303, lP19-005
This Agreement for Construction of Sewer System lmprovements ('Agreement') is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and Lennar Homes of Califomia, lnc., hereinafter called Developer.
WITNESSETH:
FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as Tract 36303. lP19-005, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirtv Davs from the date this Agreement is executed, in a good and workmanlike manner, a sanitary sewer distribution system, complete with all necessary pipes, manholes, cleanouts, connections and appurtenances necessary to the satisfactory operation of said distribution sanitary sewer system. Developer further, to extend main or main or mainsfromtheexistingsewerSyStemmaintainedandoperatedby@'to connect with the sanitary sewer system required to be constructed by this Agreement. All the above required work shall be in accordance with those plans and specifications which have been approved by the City Engineel office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer.
Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway.
The estimated cost of said work and improvements is the sum of Five Hundred Seventv Nine Thousand Five Hundred and Dollars, 579 500.00 ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the laMul construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.
SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construc'tion of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.
The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incuned by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or tiaking any action required by any such judgment.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury or damage happening or occuning to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 22
Menifee Mayor and City Council
August 20, 2025
Page
633 of 731
DocuSign Envelope lD: 6A5C840F-6488-4654-A166-6DCC61 D77878 agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.
Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, aftorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.
FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the Clty notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Gost.
FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, baniers, or detours.
SIXTH: Developer, its agents and employees, shall give Mitten notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.
SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developel and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construc{ion shall not relieve the Developer or surety from completion of the improvements required by this Agreement.
EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 23
Menifee Mayor and City Council
August 20, 2025
Page
634 of 731
DocuSign Envelope lD: 6A5C840F-6488-4654-A1 66-6DCC61 D77878 sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of Califomia. Developer agrees to renew each and every said bond or bonds with good and sufiicient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.
NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.
TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlaMul and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.
ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys' and paralegals' fees, court costs, filing fees, publication cost and other expenses incuned by the prevailing party in connection therewith, at trial and all appellate proceedings.
THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a wriften instrument signed by both parties.
FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.
FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.
SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construc-t all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer wanants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 24
Menifee Mayor and City Council
August 20, 2025
Page
635 of 731
DocuSign Envelope lD: 6A5C840F-6488-4654-A1 66-6DCC61 D77878 permits, qualifications, and approvals shall maintained throughout the term of this Agreement.
The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.
The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transfened.
SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.
EIGHTEENTH: This Agreement is to be governed by the laws of the State of California NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
g.i!y Developer
City of Menifee
29844 Haun Road
Menifee, CA 92586
Lennar Homes of California, lnc.
980 Montecito Drive
Corona, CA 92879
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.
IWENTY-FIRST Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.
This Section shall not be construed as an authorization for any Party to assign any right or obligation.
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 25
Menifee Mayor and City Council
August 20, 2025
Page
636 of 731
DocuSign Envelope lD: 6A5G840F-6488-4654-A1 66-6DCC61D77878 lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.
Dated: tAuausf &u ,2019v
By: Lennar Homes of California, lnc.
Its Manager
t(l
Dated: t( 0 2019 CITY OF MENIFEE
By:
athan G. Sm ublic Works Director/
ity Engineer
CITY OF MENIFEE
By "'( lf h-/
Bir! affi
APPROVED AS TO FORM:
By:
Manwa Clerk Melchin City Attorney
SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
AND EXECUTED IN TRIPLICATE
,
ATTEST
B
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 26
Menifee Mayor and City Council
August 20, 2025
Page
637 of 731
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside )
On August 26,20L9 before me, Karen Spletzer, Notary Public (insert name and title of the officer)
personally appeared Geoffrey Smith
who proved to me on the basis of satisfactory evidence to be the person(.a) whose name(sJ is/arc- subscribed to the within instrument and acknowledged to me that he/ehe#hey executed the same in his/herltheir authorized capacity(iee), and that by hislherltheir signature{s}on the instrument the person(s)r or the entity upon behalf of which the person{s,}acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS al seal.
zz
IGREN SPLETzER
Notary Public - California
Riverside County
Commission # 2248?30
A{y Comm. Expires Jut 27,20Z?
zz
Signature (Seal)
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 27
Menifee Mayor and City Council
August 20, 2025
Page
638 of 731
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 28
Menifee Mayor and City Council
August 20, 2025
Page
639 of 731
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 29
Menifee Mayor and City Council
August 20, 2025
Page
640 of 731
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 30
Menifee Mayor and City Council
August 20, 2025
Page
641 of 731
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 31
Menifee Mayor and City Council
August 20, 2025
Page
642 of 731
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 32
Menifee Mayor and City Council
August 20, 2025
Page
643 of 731
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 33
Menifee Mayor and City Council
August 20, 2025
Page
644 of 731
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 34
Menifee Mayor and City Council
August 20, 2025
Page
645 of 731
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 35
Menifee Mayor and City Council
August 20, 2025
Page
646 of 731
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 36
Menifee Mayor and City Council
August 20, 2025
Page
647 of 731
Item Title: 10.17
Public Improvement Acceptance and 90% Release of Security for Tract Map 36303, by Lennar Homes of California, Inc.
Item Page Number: 37
Menifee Mayor and City Council
August 20, 2025
Page
648 of 731
CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for the City Hall Backup Generator Project
MEETING DATE: August 20, 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 Capital Improvement Program (CIP) Project No. 25-11, City Hall Backup Generator located at 29844 Haun Road; and
2. Authorize the City Clerk to file the Notice of Completion with the Riverside County Recorder's Office.
DISCUSSION
In July 2024, City staff began researching various options for emergency backup power access to City facilities. Maintaining access to electricity during a power outage is critical to ensure the continuity of City server operations and continuity of services. As part of this effort, CIP No. 25- 11 (Project) consisted of the purchase and installation of a backup power generator for City Hall.
On March 13, 2024, the City executed an agreement with Siepker Electric, Inc. for the installation of the backup generator for a total not-to-exceed $51,350. The scope included the installation of a manual transfer switch, a generator connection cabinet, PVC conduit, and an enclosure. No change orders were necessary for this project. The final construction cost was $51,350.
If approved, a Notice of Completion (NOC) would be filed with the Riverside County Recorder’s Office, 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.
Item Title: 10.18
Notice of Completion and Acceptance for the City Hall Backup Generator Project Item Page Number: 1
Menifee Mayor and City Council
August 20, 2025
Page
649 of 731
City of Menifee Staff Report
CIP No. 25-11 Notice of Completion
August 20, 2025
2 8
5 9
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to this Project. All costs to complete the Project were supported within the previously approved Capital Improvement Program Budgets.
ATTACHMENTS
1. Notice of Completion - City Hall Backup Generator
Item Title: 10.18
Notice of Completion and Acceptance for the City Hall Backup Generator Project Item Page Number: 2
Menifee Mayor and City Council
August 20, 2025
Page
650 of 731
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)
City Hall Backup Generator, CIP No. 25-11
Notice is hereby given that:
Work of improvements on the project herein described were accepted as complete on June 6, 2025. The project consisted of the installation of a backup power generator. The project was completed at the City of Menifee City Hall 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:
CITY FACILITY
29844 HAUN ROAD
MENIFEE, CA. 92586
4. The name of the contractor for such work of construction is:
Siepker Electric
22755 Gray Fox Drive
Canyon Lake, CA 92587
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: 10.18
Notice of Completion and Acceptance for the City Hall Backup Generator Project Item Page Number: 3
Menifee Mayor and City Council
August 20, 2025
Page
651 of 731
CITY OF MENIFEE
SUBJECT: First Reading and Introduction of an Ordinance Establishing Regulations for Possession of Open Alcoholic Beverage
Containers
MEETING DATE: August 20, 2025
TO: Mayor and City Council
PREPARED BY: Christina Reveles, Lieutenant
REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Introduce an ordinance repealing and replacing Chapter 11.10 of Title 11 of the Menifee Municipal Code expanding regulations for the possession of alcoholic beverage containers in public places and other specified areas within the City.
DISCUSSION
The City of Menifee’s current Municipal Code, Title 11, Chapter 11.10 (Ordinance), addresses the possession of open alcoholic beverage containers near alcohol off-sale premises, such as adjacent parking lots and sidewalks. However, the existing Ordinance does not address the full other locations where alcohol consumption or possession of open containers can pose a threat to public health, safety, and welfare. In particular, the proposed Ordinance intends to expand existing regulations to include public spaces such as parks, areas open to the public, public and private streets, playgrounds, and various city facilities, which lack clear regulations.
The proposed Ordinance seeks to:
Extend existing prohibitions against possessing open alcoholic beverage containers in certain specified areas to include all public spaces within the City, including but not limited to parks, areas open to the public, public and private streets, playgrounds, and various other City facilities, which lack clear regulations.
Further clarify existing prohibitions that regulate the sale, consumption, or possession of alcoholic beverages in public places, unless such a sale, consumption, or possession is in accordance with state or local permits, including those events requiring City permits.
Item Title: 12.1
First Reading and Introduction of an Ordinance Establishing Regulations for Possession of Open Alcoholic Beverage Containers Item Page Number: 1
Menifee Mayor and City Council
August 20, 2025
Page
652 of 731
City of Menifee Staff Report
Regulations for Possession of Open Alcoholic Beverage Containers Ordinance Introduction August 20, 2025
2 8
3 6
Introduce additional language related to the consumption of alcoholic beverages on private property that is generally accessible to the public and/or open to public view from public spaces. This ensures consistency across various property types in the City. Highlight the existing signage requirements currently in place for off-sale premises, which would remain the same. Retailers would continue to be required to post notices about alcohol regulations in adjacent parking lots and sidewalks.
The proposed Ordinance would align with existing state laws and improve the City’s ability to manage alcohol-related activities in public areas. The proposed Ordinance also clarifies that alcohol may be possessed or consumed within the City if proper permits are obtained. This balances public safety concerns with flexibility and open community to allow alcohol at certain permitted events.
Additionally, the Business and Professions Code (BPC) § 25620 (a) prohibits any person from possessing any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, has a broken a seal, or the contents of which have been partially removed, in any city, county, or city and county owned park or public place, any recreation and park district, or any regional park or open-space district. Any persons who violate Bus. & Prof. Code § 25620 (a) shall be guilty of a misdemeanor if the city, county, or city and county has enacted an ordinance that prohibits possession of those containers in those areas or the consumption of alcoholic beverages in those areas.
The proposed Ordinance would allow for the use of all criminal, civil, and administrative enforcement tools, consistent with other existing provisions for violations of the Menifee Municipal Code. The need for the proposed Ordinance arises from public safety concerns and the desire to prevent disturbances associated with the consumption of alcohol in public spaces. Extending these regulations to cover all public areas can reduce incidents of alcohol-related nuisances and provide law enforcement with the necessary tools to quickly address them.
Furthermore, the proposed Ordinance would enhance public safety by enforcing alcohol-related regulations across all public areas of the City, preventing alcohol-related disruptions and maintaining public order.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Ordinance
Item Title: 12.1
First Reading and Introduction of an Ordinance Establishing Regulations for Possession of Open Alcoholic Beverage Containers Item Page Number: 2
Menifee Mayor and City Council
August 20, 2025
Page
653 of 731
1 ORDINANCE NO. 2025-
AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, REPEALING AND REPLACING CHAPTER 11.10 TO TITLE 11 OF THE MENIFEE MUNICIPAL
CODE RELATING TO THE POSSESSION OF OPEN ALCOHOLIC BEVERAGE
CONTAINERS
WHEREAS, the City of Menifee finds that the possession and consumption of open alcoholic beverages in public places can lead to increased public disturbances, litter, and unlawful activities; and WHEREAS, the City of Menifee has an interest in promoting public safety and enhancing the quality of life within the City, and deems it necessary to establish and regulate the possession of open alcoholic beverage containers in certain public areas, and on private property that is open to the public view from public spaces; and
WHEREAS, the City Council desires to repeal and replace Chapter 11.10 to Title 11 of the Menifee Municipal Code, establishing regulations for possession of open alcoholic beverage containers; and
WHEREAS, on [insert date], the City Council held a duly noticed public meeting at which time members of the public had the opportunity to review the documents presented to the City Council and provide oral comments to the City Council concerning this Ordinance.
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:
Section 1.Chapter 11.10 to Title 11 of the Municipal Code is repealed in its entirety and shall be replaced with the new provisions establishing updated regulations for open alcoholic beverage containers as set forth in Exhibit “A”, attached hereto and incorporated herein in full.
Section 2.Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Menifee hereby declares the Council would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sub-divisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional, invalid, or ineffective.
Section 3. Effective Date. This Ordinance shall take effect 30 days from the date of its adoption.
Section 4.The Mayor shall sign this ordinance, and the City Clerk shall attest and certify to the passage and adoption of this Ordinance and cause this Ordinance to be published using the alternative summary and posting procedure authorized under Government Code Section 36933.
Item Title: 12.1
First Reading and Introduction of an Ordinance Establishing Regulations for Possession of Open Alcoholic Beverage Containers Item Page Number: 3
Menifee Mayor and City Council
August 20, 2025
Page
654 of 731
2 This Ordinance was introduced and read on the Day day of Month, Year and APPROVED AND ADOPTED this Day of MONTH USING CAPS, Year.
___________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 12.1
First Reading and Introduction of an Ordinance Establishing Regulations for Possession of Open Alcoholic Beverage Containers Item Page Number: 4
Menifee Mayor and City Council
August 20, 2025
Page
655 of 731
3 EXHIBIT A
TITLE 11: PEACE, MORALS, AND SAFETY
CHAPTER 11.10
POSSESSION OF OPEN ALCOHOLIC BEVERAGES CONTAINERS
Sections:
11.10.010 PURPOSE
11.10.020 DEFINITIONS
11.10.030 OPEN ALCOHOLIC BEVERAGE CONTAINERS NEAR ALCOHOL OFF-SALE PREMISES; POSTING REQUIRED
11.10.040 OPEN ALCOHOLIC BEVERAGE CONTAINERS IN THE IMMEDIATE VICINITY OF A
BAR, NIGHT CLUB, BEER GARDEN OR OTHER FACILITY SELLING ALCOHOLIC
BEVERAGES
11.10.050 POSSESSION OF OPEN ALCOHOLIC BEVERAGES PROHIBITED
11.10.060 VIOLATIONS AND ENFORCEMENT
11.10.070 EXCEPTIONS AND PERMITTED AREAS
§ 11.10.010 PURPOSE.
Public property and public areas within the City should be readily accessible and available to residents and the public at large. The consumption of alcoholic beverages in these areas can constitute a public health and safety hazard that adversely impacts neighborhoods, commercial areas and the general welfare of the City. The City desires to promote the use and enjoyment of public property within the City, while balancing special events where alcoholic beverages may be permitted with appropriate conditions and regulations in place.
§ 11.10.020 DEFINITIONS.
As used in this Chapter, the following definitions shall apply. For purposes of this Chapter, these definitions shall supersede any conflicting definitions of the same terms elsewhere in this Code.
ALCOHOLIC BEVERAGE. Shall include alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances as defined in Business and Professions Code Section 23004.
PUBLIC PLACE. Shall mean any property owned or controlled by the City of Menifee or any other public entity, including but not limited to, any street, alley, sidewalk, right-of-way, parking lot, playground, parking facility, public building, or park.
OPEN CONTAINER. Shall mean any bottle, can, or other receptacle that contains an alcoholic beverage, which has been opened, or has a broken seal, or the contents of which have been partially removed. § 11.10.030 POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS NEAR ALCOHOL OFF-SALE PREMISES; POSTING REQUIRED
(A) It is unlawful for any person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, to enter, be or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Cal. Business and Professions Code Division 9 (commencing with Item Title: 12.1
First Reading and Introduction of an Ordinance Establishing Regulations for Possession of Open Alcoholic Beverage Containers Item Page Number: 5
Menifee Mayor and City Council
August 20, 2025
Page
656 of 731
4 § 23000), or on any public sidewalk immediately adjacent to the aforementioned licensed and posted premises.
(B) As used in this section, POSTED PREMISES means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee, the parking lots and persons on the public sidewalk, that the provisions of this section are applicable. The provisions of this section do not apply to a private residential parking lot which is immediately adjacent to the posted premises.
(C) All retail package off-sale alcoholic beverage licensees licensed pursuant to Cal. Business and Professions Code Division 9 (commencing with § 23000) shall install and maintain signs on the licensed premises, clearly visible to the patrons of the licensee and to persons in or on any parking lot or public sidewalk immediately adjacent to the licensed premises, which notify all persons that the provisions of subsection (A) above are applicable.
§ 11.10.040 OPEN ALCOHOLIC BEVERAGE CONTAINERS IN THE IMMEDIATE VICINITY OF A
BAR, NIGHT CLUB, BEER GARDEN OR OTHER FACILITY SELLING ON-SALE ALCOHOLIC BEVERAGES.
(A) It is unlawful for any person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or seal broken, or the contents of which have been partially removed, to enter upon or to remain upon any posted parking lot and/or sidewalk in the immediate vicinity of any on-sale retail alcoholic beverage licensee including, but not limited to, a bar, beer garden, or nightclub licensed pursuant to Cal. Business and Professions Code Division 9 (commencing with § 23000).
(B) As used in this section, POSTED PARKING LOT or POSTED SIDEWALK means any parking lot or sidewalk in the immediate vicinity of the licensed premises; provided that, at all locations clearly visible notices indicate to persons on sidewalks and parking lots in the immediate vicinity that the provisions of this section are applicable.
(C) As used in this section, IMMEDIATE VICINITY shall mean within 1,000 feet of the external walls of the building(s) or parking lots where alcoholic beverages are being sold or served or within 1,000 feet of seating areas where the beverages are being sold or served, including outside patio areas.
(D) All on-sale retail alcoholic beverage licensees licensed pursuant to Cal. Business and Professions Code Division 9 (commencing with § 23000) shall install and maintain signs on their licensed premises, clearly visible to the patrons of the licensee and to persons in or on any parking lot or sidewalk in the immediate vicinity of the licensed premises, which shall notify all patrons and persons that the provisions of this Chapter are applicable. (E) All premises licensed for the sale of alcoholic liquid shall post a notice at each exit stating, “No beer, liquor or wine may be carried out of this building in an open container.” Item Title: 12.1
First Reading and Introduction of an Ordinance Establishing Regulations for Possession of Open Alcoholic Beverage Containers Item Page Number: 6
Menifee Mayor and City Council
August 20, 2025
Page
657 of 731
5 § 11.10.050 POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS PROHIBITED IN
PUBLIC PLACES
It is unlawful for any person to possess an open container of any alcoholic beverage in any public place within the City, whether or not the person is in or upon any automobile, bicycle, E-conveyance or other vehicle, except as otherwise provided in this Chapter.
(A) No person shall possess any alcoholic beverage in an open container or consume any alcoholic beverage in or upon any public street, alley, sidewalk, parkway, or other public place within the City.
(B) No person shall partake of any alcoholic beverage in any place open or accessible to the general public, which is not licensed to permit such consumption on such premises, or for the owner, manager, or person in charge of such premises to permit such consumption. § 11.10.060 VIOLATIONS AND ENFORCEMENT
(A)Misdemeanor. Any person who violates sections 11.10.030, 11.10.040, or 11.10.050 of this Chapter shall be guilty of a misdemeanor as provided in Chapter 1.01 of the Menifee Municipal Code.
(B)Administrative citations. Any person who violates sections11.10.030, 11.10.040, or 11.10.050 of this Chapter shall be guilty of violating the Menifee Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.03 the Menifee Municipal Code.
(C)Non-exclusivity. Nothing in this Chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this Chapter. § 11.07.070 EXCEPTIONS AND PERMITTED AREAS.
(A) The provisions of this Chapter shall not apply to the possession or consumption of alcoholic beverages in designated areas where the sale, possession, or consumption of alcoholic beverages is permitted under applicable state and local laws, including, but not limited to:
(1) Special events permitted by the City where alcoholic beverages are allowed, such as festivals, fairs, or community celebrations.
(2) City facilities where consumption of alcohol is allowed by permit.
Private premises, or during approved private events held at public facilities in accordance with local regulations and permits.
Item Title: 12.1
First Reading and Introduction of an Ordinance Establishing Regulations for Possession of Open Alcoholic Beverage Containers Item Page Number: 7
Menifee Mayor and City Council
August 20, 2025
Page
658 of 731
CITY OF MENIFEE
SUBJECT: Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Codes
MEETING DATE: August 20, 2025
TO: Mayor and City Council
PREPARED BY: Craig Carlson, Building Official
REVIEWED BY: Orlando Hernandez, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Introduce an ordinance adopting by reference the 2025 Editions of the California Building Code, the California Residential Code, the California Green Building Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the California Energy Code, and the Model Codes with appendices and amendments related thereto, all of which comprise the Buildings and Construction Code of the City of Menifee; and
2. Set a public hearing date for September 17, 2025, for the second reading and adoption.
DISCUSSION
In accordance with the California Health and Safety Code and a code update cycle of typically three years, the City adopts by reference a number of model codes that are applicable to construction on private property. Once the State completes the code adoption process, which includes State mandated amendments, local jurisdictions must then adopt the State mandated codes with any local amendments thereto. The codes used by the City were last revised and adopted by the City Council on November 16, 2022, with a subsequent ordinance to amend appendices adopted on August 16, 2023.
The State adoption of the latest model codes, 2025 California Building Standards Codes (“CBSC”), will go into effect on January 1, 2026. Any local amendments must be based on findings related to specific local topographic, climatic or geographic conditions. However, express findings are not required for administrative amendments that are necessary to carry out the application of the 2025 CBSC and/or any amendments that do not otherwise modify the building standard.
Item Title: 12.2
Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Codes Item Page Number: 1
Menifee Mayor and City Council
August 20, 2025
Page
659 of 731
City of Menifee Staff Report
Introduction and First Reading of an Ordinance Adopting the 2025 Building Code August 20, 2025
2 8
2 3
The 2025 CBSC becomes effective as of January 1, 2026, and includes the following updates:
Wildland-Urban Interface (WUI) Code: The International Code Council (ICC) has created a new WUI Code aimed at reducing the risk of wildfires. As part of the 2025 California Building Code (CBC) updates, the State has repealed the previous CBC Chapter and adopted the new WUI Code, while keeping California-specific amendments that were already in place. The WUI will apply to any buildings or structures located within the WUI or designated Fire Hazard Severity Zones.
High-Rise Classification: The measurement to determine a high-rise building now includes the elevation of any occupied roof. In prior codes, the high-rise measurement was taken to the highest occupied floor, and occupied roofs were not a factor. Two-Way Communication Systems – Stairways & Elevators: This code provides detailed requirements for the design and installation of fire alarm and emergency communication systems in stairways and elevators. Previous building codes did not clearly require compliance with NFPA 72 which is the National Fire Alarm and Signaling Code published by the National Fire Protection Association.
Horizontal Exit Communication Systems: The CBC now requires two-way communication systems on both sides of a horizontal exit, unless there is already an elevator lobby with such a system. A horizontal exit is a fire-rated wall or barrier inside a building that allows people to move to a safe area on the same floor instead of using stairs. Stairway Exterior Wall Protection: The CBC added a new requirement for protecting stairway exterior walls when the stairway extends above a lower roof. The wall must either have a one-hour fire rating for 10 feet above the roof, or the roof itself must be one-hour rated with 45-minute rated openings within 10 feet of the stairway wall. This requirement does not apply at the true high-roof condition where the stair penthouse is extending above the roof. Egress Court Fire Separation Exception: The CBC now includes an exception to fire separation rules for narrow exit courts. An exit court is an outdoor pathway or open space that leads people from a building exit to a safe area, such as a street or public way. If the exit court is less than 10 feet wide and less than 10 feet from the building, fire separation is not required, as long as people can travel in two different directions toward separate exits leading to the street or another safe area.
Insulated Metal Panels: The CBC now includes rules for Insulated Metal Panels (IMPs), which are factory-made panels with metal on the outside and insulation inside. They can be used for walls or roofs. The new code sets safety standards for how these panels are designed, built, and installed, including fire safety, strength, and how they are joined together.
Item Title: 12.2
Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Codes Item Page Number: 2
Menifee Mayor and City Council
August 20, 2025
Page
660 of 731
City of Menifee Staff Report
Introduction and First Reading of an Ordinance Adopting the 2025 Building Code August 20, 2025
2 8
2 3
Podium Construction Updates: There are two updates to podium-style buildings that use a three-hour fire-rated floor to separate different types of construction:
oLarge assembly spaces with occupancy of more than 300 people are now allowed above the three-hour fire separation floor.
oAny changes in height or steps in that fire separation floor must now be built as fire-rated barriers to maintain protection.
Exterior Wall Continuity: The CBC contains new requirements that address continuity of fire-resistance rated exterior walls and how the exterior wall continuity is affected by intersecting floor assemblies or roof assemblies.
Floor Penetration Exceptions: There are two new exceptions for floor penetrations. oConcrete floor openings in parking garages (open or enclosed) can now be left unprotected if the space above and below is also a parking garage. oIf the openings are filled with concrete, grout, or mortar, the usual fire-resistance rating (T- rating) is not required, matching similar rules for fire ratings in other parts of the code.
Plans submitted to plan review prior to January 1, 2026, would not be subject to the new code requirements. All projects submitted on or after January 1, 2026, will be subject to the 2025 CBSC.
In past updates, this action had also incorporated the California Fire Code; however, for this cycle, the Fire Code will be presented to the City Council under a separate ordinance. Riverside County Fire, which provides fire prevention services to the City, is still reviewing the State’s 2025 Fire Code and will bring forward a separate item for Council consideration. This report focuses solely on adoption of the 2025 California Building Standards Codes by reference to ensure the City remains in compliance with State law and maintains consistency with regional standards.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Ordinance
Item Title: 12.2
Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Codes Item Page Number: 3
Menifee Mayor and City Council
August 20, 2025
Page
661 of 731
1 4
5 7
9 5
ORDINANCE NO. 2025-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA ADOPTING BY REFERENCE THE 2025 EDITIONS OF THE CALIFORNIA BUILDING CODE AS CHAPTER 8.04, THE CALIFORNIA RESIDENTIAL CODE AS CHAPTER 8.05, THE CALIFORNIA GREEN BUILDING CODE AS CHAPTER 8.06, THE CALIFORNIA ELECTRICAL CODE AS CHAPTER 8.08, THE CALIFORNIA MECHANICAL CODE AS CHAPTER 8.12, THE CALIFORNIA PLUMBING CODE AS 8.16, THE CALIFORNIA ENERGY CODE AS CHAPTER 8.17, AND THE MODEL CODES WITH APPENDICES
AND AMENDMENTS RELATED THERETO, ALL OF WHICH COMPRISE THE
BUILDING AND CONSTRUCTION CODE OF THE CITY OF MENIFEE WHEREAS, the California Building Standards Commission has adopted and published the 2025 California Building Standards Code (“CBSC”), codified in Title 24 of the California Code of Regulations; and
WHEREAS, the 2025 CBSC contains, among other parts, the California Building Code (Title 24, Part 2), California Residential Code (Title 24, Part 2.5), California Electrical Code (Title 24, Part 3), California Mechanical Code (Title 24, Part 4), California Plumbing Code (Title 24, Part 5), California Energy Code (Title 24, Part 6), California Green Building Standards Code [“CALGreen Code”] (Title 24, Part 11),; and
WHEREAS, Sections 17922, 17958, 17958.5, 17958.7, and 18941.5 of the California Health & Safety Code provide that the governing body of every city or county shall adopt ordinances or regulations imposing the same requirements as those contained in the most recently adopted version of the CBSC; and
WHEREAS, the City Council of the City of Menifee (the “City”) wishes to update the rules and regulations governing building and construction within City limits to reflect the 2025 CBSC, as well as to make modifications to certain building standards and administrative provisions necessary to carry out the application of the CBSC; and WHEREAS, the City Council is not required to make any express findings for administrative amendments necessary to carry out the application of the CBSC and/or that do not otherwise modify a building standard.
NOW, THEREFORE, the City Council of the City of Menifee does hereby ordain as follows:
SECTION 1. Recitals. The recitals above are true and correct and are incorporated herein in full.
SECTION 2. Local Climatic, Geological, and Topographical Findings. The City of Menifee hereby finds and determines it is reasonably necessary to adopt local amendments to the 2025 CBSC due to local climatic, geological, or topographical conditions as follows:
I. Climatic Conditions
A. The City of Menifee, Riverside County is located in Southern California and covers a vast and varied geographic area. The base climate in western Riverside County consists of semi-arid Mediterranean weather patterns. Eastern Riverside County is a desert area with Mohave Desert temperatures and weather patterns. Those two primary areas are divided by the San Bernardino Mountain Range. Both areas outside of the mountain terrain annually experience Item Title: 12.2
Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Codes Item Page Number: 4
Menifee Mayor and City Council
August 20, 2025
Page
662 of 731
2 4
5 7
9 5
extended periods of high temperatures with little or no precipitation. Hot, dry winds, which may reach speeds of 70 M.P.H. or greater, are common to the area. Examples are: Santa Ana/Foehn winds, afternoon surface-heating generated winds, and prevailing desert winds.
B. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration) which necessitates rapid identification, location, and extinguishment of all fires in the smallest stage possible. In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout Riverside County. Obstacles generated by a strong wind, such as fallen trees, streetlights, and utility poles, will greatly impact the response time to reach an incident scene.
During these winds, the inability to use aerial type firefighting apparatuses would place rescue personnel at increased risk of injury and further decrease our ability to stop fires in large buildings.
C. Although Riverside County and the City of Menifee occasionally experience periods of significant drought, the County can also experience periods of substantial rainfall.
Annual rainfall varies from three (3) inches in Blythe to over thirty- three (33) inches in Pine Cove.
When Riverside County does experience heavy rain, or rain over a period of days or weeks, many areas of the County are subject to flooding. Runoff from rain drains either naturally into rivers, washes, and creeks or into flood control facilities. Flash flooding is also a common problem, especially in the Coachella Valley and the easterly portions of the county. Flash flooding is typically associated with short duration, high intensity precipitation events often associated with summer thunderstorms. Such events can occur even during a drought.
D. Water demand in densely populated Southern California far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already- taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California.
Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features. It would also leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of available water to floors in a fire.
E. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features such as identification and notification will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.
II. Topographical Conditions
A.Natural: The topographical conditions of Riverside County varies from three hundred (300) feet below sea-level, flat desert communities, to mountains over ten thousand (10,000) feet in Alpine-like areas of the San Bernardino Mountain Range. In between these areas, developable slopes of 25 percent and greater generally occur throughout the foothills. Riverside County extends from Orange County to the State of Arizona and is mixed with congested urban areas, rural lands, and wild lands. A large number of sensitive habitats for various animal species and vegetation consist within large open space areas between major urban centers that impact building and structure location, which impedes emergency access and response. This variety in Item Title: 12.2
Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Codes Item Page Number: 5
Menifee Mayor and City Council
August 20, 2025
Page
663 of 731
3 4
5 7
9 5
regions contributes to an increased emergency response time, which necessitates cooperation between local agencies.
B.Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Riverside County.
C.These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.
III. Geological Conditions
A. Located within Riverside County are several known active and potentially active earthquake faults, including the San Andreas, San Jacinto, and Elsinore Fault. In the event of an earthquake, the location of the epicenter as well as the time of day and season of the year would have a profound effect on the number of deaths and casualties, as well as property damage.
B. The major form of direct damage from most earthquakes is damage to construction. Bridges are particularly vulnerable to collapse, and dam failure may generate major downstream flooding. Buildings vary in susceptibility, dependent upon construction and the types of soils on which they are built. Earthquakes destroy power and telephone lines; gas, sewer, or water mains; which, in turn, may set off fires and/or hinder firefighting or rescue efforts. The hazard of earthquakes varies from place to place, dependent upon the regional and local geology.
Ground shaking may occur in areas 65 miles or more from the epicenter (the point on the ground surface above the focus). Ground shaking can change the mechanical properties of some fine grained, saturated soils, where upon they liquefy and act as a fluid (liquefaction).
C. Previous earthquakes in Southern California have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings.
D. Road circulation features located throughout Riverside County also make amendments reasonably necessary. Located through Riverside County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design accompanies with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Riverside County that naturally have extended emergency response times that exceed the 5-minute goal.
California Health and Safety Code Sections 17958.7 and 18941.5 require that the modification or change be expressly marked and identified as to which each finding refers. Therefore, the City Council finds that the following table sets forth the 2025 CBSC Codes and sections that have been modified and the associated local climatic, geological and/or topographical conditions described above supporting the modification.
Item Title: 12.2
Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Codes Item Page Number: 6
Menifee Mayor and City Council
August 20, 2025
Page
664 of 731
4 4
5 7
9 5
2025 CODE SECTION TITLE/SUBJECT FINDINGS I, II,
III
Building Code 1.8.4.2 Fees Administrative
Building Code 107.4 Amended Construction Documents Administrative Building Code 1.8.8.1 General Administrative
Building Code 105.1 Permits Required Administrative
Building Code 105.2 Work Exempt from Permit Administrative Building Code 105.5 Permit Expiration Administrative
Building Code 105.5.1 Permit Expiration Administrative
Building Code 111.1 Change of Occupancy Administrative
Building Code 202 Definitions Administrative
Residential Code 1.8.4.2 Fees Administrative
Residential Code R105.1 Permits Required Administrative Residential Code R105.2 Work Exempt from Permit Administrative Residential Code R105.5 Permit Expiration Administrative Residential Code R105.5.1 Permit Expiration Administrative Residential Code R110.1 Use and Change of Occupancy Administrative Residential Code R202 Definitions Administrative
Electrical Code Annex H
80.19 (A)
Commercial Projects Administrative
SECTION 3. Additions. All such additions and replacements shall be as described in Exhibit A attached hereto and incorporated herein.
SECTION 4. References to Prior Code. Unless superseded and expressly repealed, references in the City forms, documents, and regulations to the chapters and sections of the former City’s Building and Construction Code, Title 8 of the Menifee Municipal Code, shall be construed to apply to the corresponding provisions contained in this Ordinance of the City of Menifee and all other ordinances or parts or ordinances in conflict herewith are hereby superseded and expressly repealed.
SECTION 5. Severability and Validity. If any section, subsection, paragraph, or sentence of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid, or beyond the authority of the City of Menifee by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 7. Implementation Date. This Ordinance shall be implemented on January 1, 2026.
Item Title: 12.2
Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Codes Item Page Number: 7
Menifee Mayor and City Council
August 20, 2025
Page
665 of 731
5 4
5 7
9 5
This Ordinance was introduced on the 20 th day of August 2025 and APPROVED AND ADOPTED on the 17th day of September 2025.
Ricky Estrada, Mayor
ATTEST:
Stephanie Roseen, City Clerk
APPROVED AS TO FORM:
Jeffrey T. Melching, City Attorney
Item Title: 12.2
Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Codes Item Page Number: 8
Menifee Mayor and City Council
August 20, 2025
Page
666 of 731
6 4
5 7
9 5
EXHIBIT A
TITLE 8: BUILDINGS AND CONSTRUCTION
CHAPTER 8.04: BUILDING CODE
Sections:
8.04.010 ADOPTION BY REFERENCE
8.04.020 FEES
8.04.030 BOARD OF APPEALS
8.04.040 PERMITS
8.04.050 FENCES
8.04.060 PERMIT EXPIRATION
8.04.070 USE AND OCCUPANCY
8.04.080 DEFINITIONS
8.04.090 RESERVED
§8.04.010 ADOPTION BY REFERENCE.
(A) Except as hereinafter changed or modified, the 2025 California Building Code as published by the State Building Standards Commission, including all of its chapters (including Chapters 1 through 35), tables, indices, addenda, footnotes, and appendices (including appendices E, I, J, K, L, P and Q), are hereby adopted by reference as the Menifee Building Code and incorporated into this title. (B)A copy of the 2025 California Building Code, including the above-designated appendices, shall be on file in the office of the City Clerk.
§ 8.04.020 FEES.
(A) Chapter 1, Division I, §1.8.4.2 is hereby amended to include the following:
(1) On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid in accordance with the schedule as established by resolution of the City Council of the City of Menifee.
(B) Chapter 1, Division II, §107.4 is hereby amended to include the following:
(1) Amended Construction Documents: Any person commencing any work on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permit shall be subject to a penalty fee that shall be twice the fee which is established by the Building Official in addition to the required permit fees.
§8.04.030 BOARD OF APPEALS.
(A) Chapter 1, Division I, §1.8.8.1, is hereby amended to include the following:
(1) The Planning Commission shall hear and decide appeals of orders, decisions or Item Title: 12.2
Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Codes Item Page Number: 9
Menifee Mayor and City Council
August 20, 2025
Page
667 of 731
7 4
5 7
9 5
determinations made by the Building Official relative to the application and interpretation of this Code.
(2) An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder has been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better form of construction is proposed. The Planning Commission does not have the authority to interpret the administrative provisions of the Building Code, nor shall the Planning Commission have any authority to waive requirements of this Code. §8.04.040 PERMITS.
(B)Chapter 1, Division II, §105.1, is hereby amended to include the following:
(1) No person shall construct, erect, enlarge, alter, repair, move, improve, demolish, or change the occupancy of a building or structure, or erect, install, connect, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this Code, or to cause, permit, or suffer any such work to be done, without having first obtained a separate and valid permit for each such building, structure, or system from the Building Official. § 8.04.050 FENCES.
(A) Chapter 1, Division II, §105.2, subsection 2 under “Building” is hereby amended to include the following:
(1) Chain link, wood, or other similar fences not over seven (7) feet high, and masonry block walls less than three (3) feet high.
§8.04.060 PERMIT EXPIRATION.
(A)Chapter 1, Division II, §105.5 is hereby amended to include the following:
(1) Except as set forth in Section 105.5.1, every permit issued by the Building Official shall expire by limitation and become null and void unless the work on the site authorized by such permit is commenced within 12 months after its issuance. If the work authorized on the site by such permit is commenced within 12 months after its issuance date, such permit shall expire by limitation and become null and void 180 calendar days after the last successful inspection. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and good cause demonstrated. In no event shall any permit be extended, nor shall any permit otherwise be valid, for any period exceeding three (3) years from the original date of issuance.
(B)Chapter 1, Division II, §105.5.1 is hereby amended to include the following:
(1) Notwithstanding Section 105.5, any permit issued in order to bring an unpermitted structure (as that term is defined in Section 202 of this Code) or other unlawful, substandard, or hazardous condition into compliance with any applicable law, ordinance, rule, or regulation shall expire by limitation and become null and void Item Title: 12.2
Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Codes Item Page Number: 10
Menifee Mayor and City Council
August 20, 2025
Page
668 of 731
8 4
5 7
9 5
90 calendar days from the date of its issuance. The Building Official may extend the validity of the permit for a period not exceeding 90 calendar days beyond the initial 90-day limit upon the written request by the applicant and good cause demonstrated filed with the Building Official prior to the expiration date of the original permit.
§8.04.070 USE AND OCCUPANCY.
(A) Chapter 1, Division II, §111.1 is hereby amended to include the following:
(1) No person shall use, occupy, or maintain, or allow the use or occupancy of, any unpermitted structure. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the Building Official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this Code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the jurisdiction shall not be valid.
§8.04.080 DEFINITIONS.
(A) Chapter 2, §202 is hereby amended to include the following:
(1)SUCCESSFUL INSPECTION shall mean a required inspection (as set forth in Section 110.3 of this Code) in which work inspected was determined by the Building Official or designee thereof to meet all applicable minimum Code requirements and the inspection was approved and documented as successful. (2) UNPERMITTED STRUCTURE shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed , connected, converted, demolished or equipped, at any point in time, without the required approval(s) and permit(s) having first been obtained from the Building Official, or pursuant to a permit which subsequently expired and became null and void before receiving final approval from the Building Official.
CHAPTER 8.05: RESIDENTIAL CODE
Sections:
8.05.010 ADOPTION OF THE CALIFORNIA RESIDENTIAL CODE
8.05.020 FEES
8.05.030 BOARD OF APPEALS
8.05.040 PERMITS
8.05.050 FENCES
8.05.060 PERMIT EXPIRATION
8.05.070 USE AND OCCUPANCY
8.05.080 DEFINITIONS
Item Title: 12.2
Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Codes Item Page Number: 11
Menifee Mayor and City Council
August 20, 2025
Page
669 of 731
9 4
5 7
9 5
§8.05.010 ADOPTION OF THE CALIFORNIA RESIDENTIAL CODE.
(A)Except as hereinafter modified or changed, the 2025 California Residential Code published by the State Building Standards Commission, including all of its chapters (including Chapters 1 through 44), tables, indices, addenda, footnotes and appendices (BB, BF, BJ, BM, CI, CJ, and CK), is hereby adopted by reference as the Menifee Residential Code and incorporated into this title.
(B)A copy of the 2025 California Residential Code shall be on file in the office of the City Clerk.
§8.05.020 FEES.
(A) Chapter 1, Division I, §1.8.4.2, is hereby amended to include the following:
(1) On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid in accordance with the schedule as established by resolution of the City Council of the City of Menifee.
§8.05.030 BOARD OF APPEALS.
(A) The Planning Commission shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Chapter 8.05 in the same manner outlined in Section 8.04.030 of Menifee Municipal Code.
§8.05.040 PERMITS.
(A) Chapter 1, Division II, §R105.1, is hereby amended to include the following:
(1) No person shall construct, erect, enlarge, alter, repair, move, improve, demolish, or change the occupancy of a building or structure; or erect, install, connect, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this Code; or to cause, permit, or suffer any such work to be done, without having first obtained a separate and valid permit for each such building, structure, or system from the Building Official.
§8.05.050 FENCES.
(A) Chapter 1, Division II, §R105.2, subsection 2 under “Building” is hereby amended to include the following:
(1) Chain link, wood, or other similar fences not over seven (7) feet high, and masonry block walls less than three (3) feet high.
§8.05.060 PERMIT EXPIRATION.
(A) Chapter 1, Division II, §R105.5 is hereby amended to include the following:
Item Title: 12.2
Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Codes Item Page Number: 12
Menifee Mayor and City Council
August 20, 2025
Page
670 of 731
10 4
5 7
9 5
(1) Except as set forth in Section 105.5.1, every permit issued by the Building Official shall expire by limitation and become null and void unless the work on the site authorized by such permit is commenced within 12 months after its issuance. If the work authorized on the site by such permit is commenced within 12 months after its issuance date, such permit shall expire by limitation and become null and void 180 calendar days after the last successful inspection. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and good cause demonstrated. In no event shall any permit be extended, nor shall any permit otherwise be valid, for any period exceeding three (3) years from the original date of issuance.
(B) Chapter 1, Division II, §R105.5.1 is hereby amended to include the following:
(1) Notwithstanding Section 105.5, any permit issued in order to bring an unpermitted structure (as that term is defined in Section R202 of this Code) or other unlawful, substandard, or hazardous condition into compliance with any applicable law, ordinance, rule, or regulation shall expire by limitation and become null and void 90 calendar days from the date of its issuance. The Building Official may extend the validity of the permit for a period not exceeding 90 calendar days beyond the initial 90-day limit upon the written request by the applicant and good cause demonstrated filed with the Building Official prior to the expiration date of the original permit.
§8.05.070 USE AND OCCUPANCY.
(A) Chapter 1, Division II, §R110.1 is hereby amended to include the following:
(1) No person shall use, occupy, or maintain, or allow the use or occupancy of, any unpermitted structure. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the Building Official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this Code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the jurisdiction shall not be valid.
§8.05.080 DEFINITIONS.
(A) Chapter 2, §R202 is hereby amended to include the following:
(1)SUCCESSFUL INSPECTION shall mean a required inspection (as set forth in Section R109 of this Code) in which work inspected was determined by the Building Official or designee thereof to meet all applicable minimum Code requirements and the inspection was approved and documented as successful. (2)UNPERMITTED STRUCTURE shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished or equipped, at any point in time, without the required approval(s) and permit(s) having first been obtained Item Title: 12.2
Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Codes Item Page Number: 13
Menifee Mayor and City Council
August 20, 2025
Page
671 of 731
11 4
5 7
9 5
from the Building Official, or pursuant to a permit which subsequently expired and became null and void before receiving final approval from the Building Official.
CHAPTER 8.06: GREEN BUILDING CODE
Section:
8.06.010 ADOPTION OF THE GREEN BUILDING STANDARDS CODE
§8.06.010 ADOPTION OF THE GREEN BUILDING CODE.
(A) Except as hereinafter modified or changed, the 2025 California Green Building Standards Code published by the State Building Standards Commission, including all of its chapters (including Chapters 1 through 8), tables, indices, addenda, footnotes and appendices (including appendices A4 through A6), is hereby adopted by reference as the Menifee Green Building Code and incorporated into this title.
(B) A copy of the 2025 California Green Building Standards Code shall be on file in the office of the City Clerk.
CHAPTER 8.08: ELECTRICAL CODE
Sections:
8.08.010 ADOPTION OF THE ELECTRICAL CODE
8.08.020 COMMERCIAL PROJECTS
§8.08.010 ADOPTION OF ELECTRICAL CODE.
(A) Except as hereinafter changed or modified, the 2025 California Electrical Code as published by the State Building Standards Commission, including all of its chapters (including Chapters 1 through 9), tables, indices, appendices (including appendices A through K), addenda, annexes, and footnotes is hereby adopted by reference as the Menifee Electrical Code and incorporated into this title. (B) A copy of the 2025 California Electrical Code, including the above-designated appendix, shall be on file in the office of the City Clerk.
§8.08.020 COMMERCIAL PROJECTS.
(A) Annex H, §80.19 (A) is hereby amended by adding the following subsection which reads as follows:
(1) For all commercial projects, a California Licensed Electrical Contractor shall be responsible for obtaining permits for electrical work performed.
Item Title: 12.2
Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Codes Item Page Number: 14
Menifee Mayor and City Council
August 20, 2025
Page
672 of 731
12 4
5 7
9 5
CHAPTER 8.12: MECHANICAL CODE
Section:
8.12.010 ADOPTION OF THE MECHANICAL CODE
§8.12.010 ADOPTION OF MECHANICAL CODE.
(A) Except as hereinafter changed or modified, the 2025 California Mechanical Code as published by the State Building Standards Commission, including all of its chapters (including Chapters 1 through 18), tables, indices, addenda, footnotes and appendices (including appendices A through J), are hereby adopted by reference as the Menifee Mechanical Code and incorporated into this title.
(B) A copy of the 2025 California Mechanical Code, including the above-designated appendix, shall be on file in the office of the City Clerk.
CHAPTER 8.16: PLUMBING CODE
Section:
8.16.010 ADOPTION OF THE PLUMBING CODE
§8.16.010 ADOPTION OF PLUMBING CODE.
(A) Except as hereinafter changed or modified, the 2025 California Plumbing Code as published by the State Building Standards Commission, including all of its chapters (including Chapters 1 through 17), tables, indices, addenda, footnotes and appendices (including appendices A through S), are hereby adopted by reference as the Menifee Plumbing Code and incorporated into this title.
(B) A copy of the 2025 California Plumbing Code, including the above-designated appendices, shall be on file in the office of the City Clerk.
CHAPTER 8.17: ENERGY CODE
Section:
8.17.010 ADOPTION OF THE ENERGY CODE
§8.17.010 ADOPTION OF ENERGY CODE.
(A) Except as hereinafter changed or modified, the 2025 California Energy Code as published by the State Building Standards Commission, including all of its chapters (including Item Title: 12.2
Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Codes Item Page Number: 15
Menifee Mayor and City Council
August 20, 2025
Page
673 of 731
13 4
5 7
9 5
Chapters 1 through 12), tables, indices, addenda, footnotes and appendices (including appendices 1-A through 1-B), are hereby adopted by reference as the Menifee Energy Code and incorporated into this title.
(B) A copy of the 2025 California Energy Code, including the above-designated appendices, shall be on file in the office of the City Clerk.
Item Title: 12.2
Introduction and First Reading of an Ordinance Adopting the 2025 California Building Standards Codes Item Page Number: 16
Menifee Mayor and City Council
August 20, 2025
Page
674 of 731
CITY OF MENIFEE
SUBJECT: Governance Planning During the Mayor’s Six-Month Military Deployment
MEETING DATE: August 20, 2025
TO: Mayor and City Council
PREPARED BY: Stephanie Roseen, City Clerk
REVIEWED BY: Rebekah Kramer, Deputy City Manager
APPROVED BY: Armando G. Villa, City Manager
------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Discuss and provide feedback to staff on the timeframe and appointment options for the Mayor Pro Tem and committee and regional board appointments during the Mayor’s deployment with the United States Air Force; and
2. Designate a member of the City Council to serve as the presiding officer in the absence of the Mayor and Mayor Pro Tem.
DISCUSSION
Mayor Ricky Estrada, a member of the United States Air Force Reserve, will be deployed with his unit for a period of six months, beginning in October 2025 and concluding in spring of 2026. During this time, in accordance with the City Council’s adopted policies and procedures, the current Mayor Pro Tem will assume the duties and responsibilities of the Mayor. This temporary transition requires consideration of current Council policies related to presiding officer duties, regional board and committee appointments, and City Council operations to minimize disruption and maintain effective governance.
Given the unique nature of the Mayor’s upcoming leave, it is necessary to bring this item forward for Council discussion to ensure a smooth transition of duties, maintain consistent representation on regional and standing committees, and provide staff with clear direction for planning during the next six months.
Mayor Pro Tem Appointment
Under the Council’s current policy CC-23 (Council Code of Ethics), the Mayor Pro Tem is selected annually by the City Council each December to serve for the following calendar year. The Mayor Item Title: 12.3
Governance Planning During the Mayor’s Six-Month Military Deployment Item Page Number: 1
Menifee Mayor and City Council
August 20, 2025
Page
675 of 731
City of Menifee Staff Report
Governance Planning During the Mayor’s Six-Month Military Deployment August 20, 2025
2 9
0 6
Pro Tem assumes the duties of the Mayor during absences and selects the annual initiative (or theme) for the fiscal year and budget book that is also used throughout the fiscal year in City communications, press, and events.
Given that the Mayor’s absence will span two calendar years, the following options are provided to the Council for consideration regarding the annual selection of Mayor Pro Tem. Option 1: Continue with the rotation of the Mayor Pro Tem position among Councilmembers by district in numerical order. Staff would bring the appointment item forward in December 2025, consistent with current policy, for the Council to select the next Mayor Pro Tem for the 2026 calendar year.
Option 2: Retain the current Mayor Pro Tem through the Mayor’s anticipated return in spring 2026. Staff would bring the Mayor Pro Tem appointment item forward in spring 2026 for Council discussion and selection for the remainder of the 2026 calendar year.
As a separate consideration, the annual initiative (theme) for the fiscal year could be assigned to the next rotational Councilmember per the district rotation schedule in December. Option 3: Temporarily suspend the Mayor Pro Tem rotation, with the understanding that the rotation would resume in the next regular appointment cycle in December 2026.
First Alternate Presiding Officer
With the Mayor’s deployment, and in the case the Mayor Pro Tem is unavailable during this period, staff is requesting the City Council designate a first alternate to the Mayor Pro Tem who could fulfill the presiding officer’s responsibilities.
Item Title: 12.3
Governance Planning During the Mayor’s Six-Month Military Deployment Item Page Number: 2
Menifee Mayor and City Council
August 20, 2025
Page
676 of 731
City of Menifee Staff Report
Governance Planning During the Mayor’s Six-Month Military Deployment August 20, 2025
2 9
0 6
Per Council Policy CC-01 (Rules of Decorum), in the absence of both the Mayor and Mayor Pro Tem, any other member designated by the City Council shall be responsible for presiding over meetings and maintaining order and decorum.
City Council Committee and Regional Boards, and Commission Assignments City standing committees, regional boards, and regional commissions serve as key platforms for collaboration, policy development, and representation on issues that impact the City both locally and regionally. These bodies allow Councilmembers to engage directly with partner agencies, advocate for the City’s interests, and participate in joint initiatives that advance community priorities. Standing committees focus on specific policy areas within the City, while regional boards and commissions connect the City to broader interagency efforts, fostering relationships and ensuring the City’s voice is heard in regional decision-making.
Per the City Council’s current policy (CC-02: City Council Standing Committees, regional Boards and Regional Commissions – Assignments and Reporting), annually staff brings an item to the City Council during the first meeting in December to review and appoint members of the Council to serve on regional boards and commissions, as well as the City’s standing committees and any active ad hoc committees. The policy also allows the City Council to choose an alternative date to review and update the appointment list if needed.
Given the Mayor’s anticipated six-month deployment, the City Council may wish to consider whether adjustments to the timing of the appointment process would better support continuity of representation and minimize mid-year changes. The following options are for Council consideration.
Option 1: Conduct the appointment review in September 2025, effective with the Mayor’s departure, and approve regional board appointments through the end of calendar year 2026 to ensure stability in representation with regional agencies.
Staff would bring back an item for the Council to review City subcommittees and ad hoc committees upon the Mayor’s return, effective through December 2026. Option 2: Conduct the appointment review in September 2025, effective with the Mayor’s departure, and maintain assignments through the Mayor’s return in spring 2026. Upon the Mayor’s return, the full appointment list would be brought back to Council for review and adjustment as needed, effective through December 2026
Option 3: Conduct the appointment review in September 2025, effective with the Mayor’s departure, and maintain the standard December 2025 appointment review, with interim assignments made by the Mayor Pro Tem, and ratified by the City Council.
Mayor Estrada is currently appointed to the following:
Finance Subcommittee
City & School Districts Committee
Parks Ad Hoc Committee
Alternate for Western Riverside Council of Governments (WRCOG) Executive Committee Item Title: 12.3
Governance Planning During the Mayor’s Six-Month Military Deployment Item Page Number: 3
Menifee Mayor and City Council
August 20, 2025
Page
677 of 731
City of Menifee Staff Report
Governance Planning During the Mayor’s Six-Month Military Deployment August 20, 2025
2 9
0 6
In order to continue to be able to hold meetings for the City’s sub and ad hoc committees, the City Council will need to make new appointments. Additionally, while Mayor Pro Tem Karwin is the representative appointed to WRCOG, the City Council will need to appoint a new alternate in the event he is unable to attend a meeting.
Based on Council feedback and direction, the regional and committee appointment list and any formal and necessary resolutions would be prepared and brought back to the City Council at an upcoming meeting. These resolutions would memorialize the Council’s actions, including any potential suspension or temporary modification of existing policies.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Regional Boards and City Committee Roster
2. Policy No. CC-01 Rules of Decorum
3. Policy No. CC-02 Standing Committees and Regional Boards and Commission Appointments
4. Policy No. CC-23 City Council Ethics Policy
Item Title: 12.3
Governance Planning During the Mayor’s Six-Month Military Deployment Item Page Number: 4
Menifee Mayor and City Council
August 20, 2025
Page
678 of 731
Updated: 8/6/25
5 1
0 4
8 City of Menifee
2025 City Council Standing and Ad Hoc Committees,
Regional Boards and Regional Commissions Roster
Agency/Board Meeting dates and
times
Representative(s)
or Board Member(s) Alternate
Riverside County Transportation
Commission (RCTC) 2nd Wednesday/month
@ 9:30 a.m. Karwin Deines
Western Riverside Council of
Governments (WRCOG) Executive
Committee
1st Monday/month
@ 2:00 p.m. Karwin Estrada
Western Riverside Regional
Conservation Authority (WRCRCA)
1st Monday/month
@ 12:30 p.m. Temple Diederich
Riverside County Habitat Conservation
Agency (RCHCA)
2nd Thursday, various
months
@ 11:30 a.m.
Temple Diederich
Riverside Transit Agency (RTA) 4th Thursday/month
@ 2:00 p.m. Deines Karwin
Southern California Association of
Governments (SCAG)
Annual General
Assembly
(May 1-2, 2025)
Temple Diederich
Menifee Chamber of Commerce 4th Thursday/month
@ 8:30 a.m. Diederich Karwin
Southwest Communities Financing
Authority (Animal Friends of the Valley)
Biannual - 1st Thursday
of May/ October
@ 2:00 p.m.
Deines Karwin
Southwest Elected Collaborative Group 3rd Thursday/month @ 12:00 p.m. Diederich Temple
Southwest Higher Education Coalition 3rd Tuesday/month
@ 1:00 p.m. Diederich Temple
Item Title: 12.3
Governance Planning During the Mayor’s Six-Month Military Deployment Item Page Number: 5
Menifee Mayor and City Council
August 20, 2025
Page
679 of 731
Updated: 8/6/25
5 1
0 4
8 Council Standing Committees Meeting Dates and Times Members Finance Committee Dates set by Committee Members Deines, Estrada City & School Districts
Committee Annual – Prior to start of new school year Karwin, Estrada Council Ad Hoc Committee Purpose Members
Parks Ad Hoc Committee
Review and provide input regarding opportunities for
collaboration between agencies regarding parks and
recreational facilities operated by Valley-Wide Recreation and Park District within Menifee city limits as needed for the year
Estrada, Temple
Innovation District Specific Plan
Ad Hoc Committee
Preparation of a Specific Plan for the Economic
Development Corridor – Southern Gateway (EDC-SG) to
create a new framework for maximizing the area’s
potential as an innovation district as needed for the year.
Diederich, Temple
Central Park Amphitheater Ad
Hoc Committee
Review and provide guidance on the vision and initial
programming for the Central Park Amphitheater as
needed for the year.
Deines, Karwin
Item Title: 12.3
Governance Planning During the Mayor’s Six-Month Military Deployment Item Page Number: 6
Menifee Mayor and City Council
August 20, 2025
Page
680 of 731
CITY OF MENIFEE
City Council Policy
Subject
Rules of Decorum and Procedures for the
Conduct of City Council Meetings
Policy No: CC-01
Effective Date:
October 1, 2008
Revision Date: May 4,
2016
Purpose.
The purpose of this Policy is to establish rules of decorum and procedure for City officials, Staff, and members of the public at all meetings of the City Council to ensure that the business of the City is attended to thoroughly and efficiently with opportunities for orderly public participation.
Rules of Decorum and Procedure.
1. Rules for City Councilmembers.
A Decorum: Members of the City Council shall conduct themselves in an orderly, professional and businesslike manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process of the City Council is maintained at all times. Members of the City Council shall maintain a polite, respectful and courteous manner when addressing one another, the City Staff, and members of the public during City Council meetings. As a courtesy, Councilmembers will report upcoming absences or out of town trips to the City Clerk as soon as possible to assure that any necessary adjustments to the agenda may be made.
B. Role of the Presiding Officer: The Presiding Officer of the City Council, who shall be the Mayor, or in the Mayor's absence the Mayor Pro Tern, or in both of their absence any other member designated by the City Council, shall be responsible for maintaining the order and decorum of meetings. It shall be the duty of the Presiding Officer to ensure that the rules of decorum and procedure contained herein are observed. The Presiding Officer shall maintain control of communication between Councilmembers and between the City Council and members of the public. The Presiding Officer may make and second motions when no other Councilmember does so.
The Presiding Officer shall serve as the parliamentarian and decide all questions of order under these rules. Any such decision shall be final unless overridden by a majority vote of the Councilmember's present and shall be binding and legally effective (even where clearly erroneous) for purposes of the matter under consideration C. Communications between City Councilmembers at Meetings:
(1) Councilmembers wishing to speak should request the floor by being recognized by the Presiding Officer before speaking. The Presiding Officer must recognize any Councilmember who seeks the floor when appropriately entitled to address the City Council. (2) No Councilmember shall speak again until all Councilmembers have had the opportunity to speak.
Item Title: 12.3
Governance Planning During the Mayor’s Six-Month Military Deployment Item Page Number: 7
Menifee Mayor and City Council
August 20, 2025
Page
681 of 731
CITY OF MENIFEE
City Council Policy
Subject
Rules of Decorum and Procedures for the
Conduct of City Council Meetings
Policy No: CC -01
Effective Date: October
1, 2008 Revision Date:
May 4, 2016
(3) Councilmembers shall remember that the purpose of the City Council meeting is to conduct the business of the City. Councilmembers shall avoid repetition and shall limit their comments to the subject matter at hand. Councilmembers should endeavor to express their views without engaging in unnecessarily lengthy debates. (4) When one Councilmember is speaking, other Councilmembers shall not interrupt, disrupt or disturb the speaker. During questions and deliberations, the Presiding Officer may vary the speaking sequence of Councilmembers from item to item. (5)
by the Brown Act.
Communications between Councilmembers outside meetings is governed D. Communication with Members of the Public Addressing the Council:
(1) On specific agenda items, Councilmembers may question any person addressing the City Council at the conclusion of that person's testimony or all public testimony on that agenda item. A Councilmember wishing to ask questions of a member of the public should first be recognized by the Presiding officers.
(2) Councilmembers shall not engage the person addressing the City Council in a dialogue, but shall confine communication to a brief question and answer format conducted through the Presiding Officer.
Officer.
(3) All Councilmember requests to speak shall be made to the Presiding (4) If a member of the public addresses the City Council on a matter that is not on the agenda (e.g., during public comment), the Brown Act does not allow Councilmembers to engage in discussions nor deliberation of the matter. A Councilmember may do the following:
refer the matter to staff (or another source); ask for additional information or request a report back; or give a very limited factual response. If a Councilmember so wishes, the Councilmember may, during the Councilmember Comments portion of the meeting, request that the matter be placed on the next agenda or respond briefly to the item. (5) The City Council may not prohibit public criticism of the policies, procedures, programs, or services of an agency or its acts or omissions. A speaker may not be stopped from speaking because either the Presiding Officer or members of the City Council disagree with the viewpoint being expressed.
E. Communication with Members of the Public Outside of the City Council Meeting:
(1) It shall be the policy of the City Council that inappropriate comments and behavior such as, but not limited to, verbal attacks, rudeness, threatening language, Item Title: 12.3
Governance Planning During the Mayor’s Six-Month Military Deployment Item Page Number: 8
Menifee Mayor and City Council
August 20, 2025
Page
682 of 731
CITY OF MENIFEE
City Council Policy
Subject
Rules of Decorum and Procedures for the
Conduct of City Council Meetings
Policy No: CC -01
Effective Date: October
1, 2008 Revision Date:
May 4, 2016
obscenities, vulgarities, and profanities directed at City Councilmembers or city staff will not be tolerated and such City Councilmember is not required to respond to such commentary or behavior as a part of his or her official duties and responsibilities. Such City Councilmember or staff may advise the member of the public that his or her comment(s) and/or behavior fall outside of the City's policies for response by a City Councilmember. (2) When City Councilmembers are requested to speak to groups or are asked the City Council's position on an issue, the response should reflect the position of the City Council as a whole. However, a City Councilmember may clarify his or her vote on a matter by stating, for example, "While I voted against X, the City Council voted in support of it." When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council's position rather than that of an individual member.
2. Rules for City Staff.
A. Decorum: City Staff shall not engage in dialogue with members of the public during City Council meetings and shall limit conversations between themselves as much as possible. City Staff shall direct all comments and presentations to the City Council and/or Presiding Officer. When addressed by a City Councilmember, Staff shall respond in a polite, professional, and courteous manner. All requests to speak by members of the City Staff shall be made to the Presiding Officer.
B. Role of the City Manager: The City Manager's duties during City Council meetings include keeping a record of concerns raised by the City Council regarding direction for future Staff action and facilitating the orderly presentation of Staff reports.
C. Role of the City Clerk: The City Clerk or his/her deputy shall keep minutes of the open meeting; shall call and record roll call votes; and shall read ordinance titles and agenda items as requested by the Mayor.
3. Rules for Members of the Public.
A. Within the City Council Chambers:
(1) Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of obscene, lewd, loud, threatening, repeatedly irrelevant or repetitious, or abusive language; clapping, whistling, yelling, stamping of feet, or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City Council meeting infeasible. A member of the audience engaging in any such conduct may, after warning by the Presiding Officer, at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from that meeting.
(2) No person shall stand or sit in the aisles. No person shall block any Item Title: 12.3
Governance Planning During the Mayor’s Six-Month Military Deployment Item Page Number: 9
Menifee Mayor and City Council
August 20, 2025
Page
683 of 731
CITY OF MENIFEE Policy No.: 01
City Council Policy
Subject Effective Date:
October 1, 2008
Rules of Decorum and Procedures for the Revision Date:
Conduct of City Council Meetings May 4, 2016
doorways or other exits.
(3) Placards, signs, and posters may be brought into the City Council Chambers unless such objects disturb, disrupt, impede or otherwise render the orderly conduct of the City Council meeting infeasible, or block the view of any other person in attendance, in which case such placard, sign, or poster shall, at the discretion of the Presiding Officer or a majority of the City Council, be moved to a different location or removed from the City Council Chambers.
(4) Packages, bundles, suitcases or other large or potentially dangerous objects shall not, without the prior authorization of the Presiding Officer, be brought into the City Council Chambers and are subject to search to determine that they do not pose a threat or as otherwise requested by the Sergeant at Arms.
(5) Except as otherwise allowed by the City Council, no animals except for service animals shall be brought into the City Council Chambers. (6) Photographs, audiotapes and videotapes may be taken from the rear of the Chambers or from any seat within the City Council Chambers, so long as such activity does not disrupt and disturb the audience, public speakers and Councilmembers and interfere with the orderly conduct of the meeting. When a filming area has been designated by the Council, filming shall occur in that area only.
(7) Within the City Council Chambers, all cell phone and pager ringers shall be turned off; no talking on cell phones is allowed; and all electronic equipment shall be operated in a manner which does not emit sound or disturb other members of public or disrupt the orderly conduct of the meeting.
(8) The Sergeant-at-Arms is authorized to enforce these rules.
B. Noise in the Lobby: Noise emanating from the lobby outside the City Council Chambers which is audible within the City Council Chambers shall not be permitted. The Sergeant-at-Arms is authorized to enforce this rule by requesting those in the lobby to remain silent or to leave the area.
C. Persons Addressing the City Council:
(1) Members of the public may address the City Council during the Public Comment Period(s) or prior to the consideration of any agenda item. Any person wishing to speak, whether during the Public Comment Period or on an agenda item, is requested to complete a "Speaker Request Form" and submit the form to the City Clerk prior to the calling to order of the meeting or as soon as possible thereafter. A person who speaks on an item during Public Comment may not make the same comment again at the time the agenda item is heard.
All those speaking shall do so from the podium.
Item Title: 12.3
Governance Planning During the Mayor’s Six-Month Military Deployment Item Page Number: 10
Menifee Mayor and City Council
August 20, 2025
Page
684 of 731
CITY OF MENIFEE
City Council Policy
Subject
Rules of Decorum and Procedures for the
Conduct of City Council Meetings
Policy No: CC-01
Effective Date: October
1, 2008 Revision Date:
May 4, 2016
(2) The following notation shall be placed on the agenda, under section "Public Comment" and may be read by the Mayor prior to hearing public comment:
This is the time for members of the public to address the Council about items which are NOT listed on the agenda. The Ralph M. Brown Act limits the Council's ability to respond to comments on non-agendized matters at the time such comments are made.
Each speaker will be limited to three minutes on any single item. Please submit a completed speaker card to the City Clerk.
(2) No person shall address the City Council without first being recognized by the Presiding Officer. The person shall respond when his/her name is called from the speaker slip, shall go to the podium, or shall raise his/her hand to indicate that he/she wishes to go to the podium to speak. Impromptu personal points of order, comments, objections or questions shall not be recognized, and if they persist, after the Presiding Officer has warned of the offense, a member of the public engaging in such conduct shall, at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from the meeting. (3) The purpose of addressing the City Council is to formally communicate to the Council on matters relating to City business or citizen concerns. Persons addressing the City Council on an agenda item shall confine the subject matter of their remarks to the particular matter before the Council.
(4) Each person addressing the City Council shall do so in an orderly manner and shall not engage in any conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of the City Council meeting. Any person who so disrupts the meeting may, after warning by the Presiding officer, and at the discretion of the Presiding Officer or a majority of the City Council, be subject to ejection from that meeting. (5) Persons addressing the City Council shall address the Council as a whole and shall not engage in a dialogue with individual Councilmembers, City Staff, or with other members of the audience.
(6) Members of the public have the right to address the City Council at any regular meeting on any subject that is within the City Council's subject matter jurisdiction. The Presiding Officer may prohibit a member of the public from speaking on a matter not within the City Council's subject matter jurisdiction.
(7) Members of the public addressing the City Council shall have three (3) minutes to speak. All Public Comments portion of the agenda shall not exceed thirty (30) minutes total. The City Council may, by majority vote, alter these time limits. Members of the public should refrain from unduly repetitious comments. This rule shall not apply to the proponents at public hearings.
Item Title: 12.3
Governance Planning During the Mayor’s Six-Month Military Deployment Item Page Number: 11
Menifee Mayor and City Council
August 20, 2025
Page
685 of 731
CITY OF MENIFEE
City Council Policy
Subject
Rules of Decorum and Procedures for the
Conduct of City Council Meetings
Policy No: CC-01
Effective Date:
October 1, 2008
Revision Date: May
4, 2016