Menifee City Council
September 3, 2025

2 8
6 2
drainage elements in projects would serve the Menifee community well into the future. While there are multiple firms approved as shortlist service providers, Gary Hoyt has consistently been very responsive for landscape design and inspection support needs. The proposed Amendment No. 2 (Amendment) would increase the Agreement by $150,000, to a total contract amount not-to- exceed $455,000 through June 2026. If approved, the Amendment would provide staff the opportunity to maintain continuity on development projects that are already being supported by Gary Hoyt’s services and would ensure the capacity for additional design and inspection related services to be accessed through the full Agreement term. All other terms of the Agreement would remain unchanged, as outlined in Table 1.

TABLE 1 – MASTER AGREEMENT HISTORY
Date approved Amount Contract Term
Original Agreement 6/21/2023 $230,000 6/30/2026
Amendment No. 1 11/06/2024 $ 75,000 6/30/2026
Amendment No. 2 PENDING $150,000 6/30/2026
Total $455,000
Pursuant to Resolution No. 24-1569 and Menifee Municipal Code §3.12.150, amendments or change orders in the aggregate amount greater than 10% of the agreement amount, exceeds a time extension of 120 days, or that exceeds the City Manager’s signing authority shall be approved by the City Council.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The fiscal impact of the proposed Amendment with Gary Hoyt is (not-to-exceed) $455,000.

Funding for the proposed Amendment is available within the Fiscal Year 2025/2026 budget, under professional services for the Public Works Engineering Division and the Construction Inspection Division within the General Fund (1100-PWD-ENGR-652825, 1100-PWD-INSP-652825).

It is important to note that landscape plan review and inspection services are fully recoverable as they would be offset by developer fees and deposits collected for the services. Purchase orders for these services would only be issued after confirmation of budget availability and only for amounts within the approved not-to-exceed Agreement compensation amounts. No additional budget appropriation actions would be required for approval of the proposed Amendment.

ATTACHMENTS

1. Amendment No. 2

2. Agreement
Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 2

Menifee Mayor and City Council
September 3, 2025
Page
125 of 321

AMENDMENT NO. 2 TO

MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR
(LANDSCAPE DESIGN & INSPECTION)
AMENDMENT NO. 2 TO

MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR
(LANDSCAPE DESIGN & INSPECTION)
This is Amendment No. 2 (“Amendment No. 2”) to that certain Professional Services Agreement (“Agreement”) made on June 21, 2023, between the City of Menifee (“City”) and GARY F. HOYT LANDSCAPE ARCHITECTURE, INC. (“Consultant”,) for LANDSCAPE DESIGN AND INSPECTION as amended by that certain Amendment No. 1 to the Agreement entered into on November 6, 2024 (“Amendment No. 1”), which this Amendment No. 2 is made and entered into on ______________, 2025 to increase the compensation amount as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 2 shall have the meanings ascribed to them in the Agreement.

2.SECTION 3.1, “Not to Exceed Compensation” is amended to increase the maximum not to exceed compensation by One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00), and is amended to read as follows:

3.1 Not to Exceed Compensation. Consultant shall be compensated for the Services and any approved reimbursable expenses as set forth in the relevant Purchase Order, and in no event shall City’s compensation to Consultant for a Purchase Order exceed the amount set forth therein. Compensation pursuant to this Agreement shall be at the rates set forth in the City’s Rate Schedule, attached hereto and incorporated herein by this reference as Exhibit “B” (“Rate Schedule”).

The compensation set forth in the Purchase Order represents total compensation payable to Consultant without limitation to compensation for salary, overhead, benefits, fees, or other costs incurred by Consultant in performance of the Purchase Order. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Four Hundred Fifty Five Thousand Dollars and Zero Cents ($455,000.00).

3. The initial paragraph of the original Exhibit A to the Agreement is amended to read as follows:

FORM OF PURCHASE ORDER
This form of Purchase Order is provided for an example only, and none of the fields set forth herein are guaranteed for any particular Services. The fields of each Purchase Order will vary based on the Services required. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Four Hundred Fifty Five Thousand Dollars and Zero Cents ($455,000.00).

Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 3

Menifee Mayor and City Council
September 3, 2025
Page
126 of 321

AMENDMENT NO. 2 TO

MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR
(LANDSCAPE DESIGN & INSPECTION)

4. All other terms and conditions of the Agreement remain in full force and effect.

5. This Amendment No. 2 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 4

Menifee Mayor and City Council
September 3, 2025
Page
127 of 321

AMENDMENT NO. 2 TO

MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR
(LANDSCAPE DESIGN & INSPECTION)
CITY OF MENIFEE GARY F. HOYT LANDSCAPE
ARCHITECTURE, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Gary F. Hoyt, President
Attest: ________________________________
Gary F. Hoyt, Secretary
_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 5

Menifee Mayor and City Council
September 3, 2025
Page
128 of 321

2905/031858-0001
19246424.4 a07/18/23

CITY OF MENIFEE

MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES
(LANDSCAPE DESIGN AND INSPECTION)

THIS MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES (“Agreement”) is made and effective this ____ day of _______, 2023 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and GARY F.

HOYT LANDSCAPE ARCHITECTURE, INC. , a California S -Corporation (“Consultant ”).

City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. GENERAL PROVISIONS.

1.1 Purpose. The purpose of this Agreement is to authorize Consultant to provide on- call services to City through purchase orders issued by the City Manager or designees (each a “Purchase Order”) for privately funded and City projects which are exempt from bidding requirements for public contracting, subject to the terms and conditions herein (the “Services”).

1.2 N
o Guarant eed Work. The Parties acknowledge that this Agreement serves as a master services agreement to establish Consultant as an approved consultant which may perform Services for the City pursuant to Purchase Order(s) issued in the discretion of the City Manage r.

This Agreement does not guarantee that Consultant will be issued any work from City, or any particular amount of work, including for any Services. By entering into this Agreement Consultant is obtaining the ability to receive Purchase Orders from the City Manager up to the compensation amount set forth in Section 3.1, and the City is obtaining the ability to issue Purchase Orders without a requirement for subsequent City Council approval.

1.3 T
erm . This Agreement shall become effective on July 1, 2023 and shall continue until June 30, 2026, unless otherwise terminated or extended by the Parties pursuant to the terms of this Agreement.

1.4 T ermination . The City may terminate this Agreement at any time with or without cause by providing written notice to Consultant. The City may terminate this Agreement for any reason, including but not limited to the lack of budget allocation for the Services.

1.5 C
ont ract Administrator. <<Kristen Jensen >> (“Contract Administrator”) is the City’s primary contact representative for the purposes of this Agreement. Consultant shall contact the Contract Administrator for all communications related to this Agreement. City may change the Contract Administrator upon written notification to Consultant. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or designee.

1.6 C
onsultant Repr esentative. <<Gary Hoyt >> is Consultant’s primary contact representative for the purposes of this Agreement. City shall contact the Consultant Representative for all communications related to this Agreement. Consultant may change the Consultant Representative upon written notification to City. Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement.

DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B June
21 Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 6

Menifee Mayor and City Council
September 3, 2025
Page
129 of 321

2905/031858-0001
19246424.4 a07/18/23 -2-

1.7 Notices. Any written notice to Consultant shall be sent to:

GARY F. HOYT LANDSCAPE ARCHITECTURE, INC.

Attn: Gary Hoyt
12888 Francine Terrace
Poway, CA 92064
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Kristen Jensen, PW Financial Analyst
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
SECTION 2. SERVICES.

2.1 Purchase Orders . Consultant agrees to furnish Services pursuant to Purchase Order(s) issued by the City Manager in the form attached hereto as Exhibit “A” which is attached hereto and incorporated herein by this reference. In no event shall compensation for Services exceed the “not to exceed” compensation amount set forth in the Purchase Order.

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

2.3 A
ssignment of Personnel. Consultant shall assign only competent personnel to perform the Services. 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.

2.4 T
ime . 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.

2.5 A
uthorization 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 a Purchase Order.

DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 7

Menifee Mayor and City Council
September 3, 2025
Page
130 of 321

2905/031858-0001
19246424.4 a07/18/23 -3-

2.6 Warranty. By executing this Agreement, Consultant warrants that Consultant has thoroughly investigated and considered the Services, has considered how they should be performed, and fully understands the facilities, difficulties, and restrictions applicable to performance of the Services.

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

SECTION 3. COMPENSATION.

3.1 Not to Exceed Compensation. Consultant shall be compensated for the Services and any approved reimbursable expenses as set forth in the relevant Purchase Order, and in no event shall City’s compensation to Consultant for a Purchase Order exceed the amount set forth therein. Compensation pursuant to this Agreement shall be at the rates set forth in the City’s Rate Schedule, attached hereto and incorporated herein by this reference as Exhibit “B” (“Rate Schedule”). The compensation set forth in the Purchase Order represents total compensation payable to Consultant without limitation to compensation for salary, overhead, benefits, fees, or other costs incurred by Consultant in performance of the Purchase Order. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Two Hundred Thirty Thousand Dollars and Zero Cents ($230,000.00).

3.2 I
nvoicing. Upon completion of a Purchase Order, or monthly for Purchase Orders involving Services performed over periods of longer than one (1) month, Consultant shall submit invoices to City based on the Services performed and any reimbursable expenses approved by City in writing. Invoices shall comply with the City’s “Invoicing Requirements” attached as Exhibit “C” hereto and incorporated herein by this reference, and shall contain the following information:
a. Serial identifications of progress bills; i.e., Pro gress 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 Purchase Order amount, the amount of prior billings, the total due this period, the balance available under the Pur chase Order, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 8

Menifee Mayor and City Council
September 3, 2025
Page
131 of 321

2905/031858-0001
19246424.4 a07/18/23 -4-

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; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
h. Invoices shall be submitted to:

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

3.3 Payment. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

3.4 P ayment Holds. City may withhold payment of any invoice for Services not satisfactorily performed until such Services are performed to City’s satisfaction at no extra cost to City. City may hold payments reasonably in dispute under this Agreement until resolution of the dispute.

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

3.6 P ayment Upon Termination . In the event City or Consultant terminates this Agreement, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for preapproved 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. City 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.

SECTION 4. INDEMNIFICATION.

4.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of this Agreement, 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) charge s, 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 DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 9

Menifee Mayor and City Council
September 3, 2025
Page
132 of 321

2905/031858-0001
19246424.4 a07/18/23 -5-

individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

4.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent p ermitted 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.

4.3 L
imitation of Indemnification for Design Professionals . Notwithstanding any provision of this Section 4 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 4.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.

4.4 L
imitation of Indemnification . The provisions of this Section 4 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 4 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.

4.5 L egal Requirements Related to Indemnification . If any applicable law woul d render any of the requirements of this Section 4 void or unenforceable, the requirements hereunder shall be construed to the greatest scope and applicability permitted by applicable law.

SECTION 5. INSURANCE.

5.1 Insurance Required. As a condition of entering into this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified below.

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.
a. W
orkers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s L iability 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 DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 10

Menifee Mayor and City Council
September 3, 2025
Page
133 of 321

2905/031858-0001
19246424.4 a07/18/23 -6-

if the program of self-insurance complies fully with the provisions of the California Labor Code.

Determination of whether a self -insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self -insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. b. Commercial General and Automobile Liability Insurance. i) 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 g eneral 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. ii) M
inimum 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.
iii) A
dditional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an
accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting
provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
c. Professional Liability Insurance.
i) General requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self -insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.

DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 11

Menifee Mayor and City Council
September 3, 2025
Page
134 of 321

2905/031858-0001
19246424.4 a07/18/23 -7-

ii) Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective 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. d. A copy of the claim reporting requirements must be
submitted to City prior to the commencement of the Services under this Agreement.

5.2 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.

5.3 C ontinuation of Insurance. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.

5.4 A dditional Insured. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. 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.

5.5 S
ubcontractors’ Insurance . Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract pursuant to this Agreement until DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 12

Menifee Mayor and City Council
September 3, 2025
Page
135 of 321

2905/031858-0001
19246424.4 a07/18/23 -8-

Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City.

5.6 Deductibles and Self -insured Retentions. Cons ultant 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.

5.7 V
erification of Coverage . Prior to execution of this Agreement, Consultant shall furnish City with 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 name and address for endorsements and other insurance related matters is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.

5.8 N
otice of Reduction in or Cancellation of Coverage . Consultant shall pr ovide written notice to City within ten (10) working days if: (1) any of the required insura nce policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.

5.9 V ariation . The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected. The Contractor Administrator may,but is not required to approve in writing the submission of certificates of insurance in lieu of policy copies, in which case the Certificate of Insurance must include the following reference: City of Menifee:

Master Agreement for Professional On Call Services.

5.10 R
emedies . In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 13

Menifee Mayor and City Council
September 3, 2025
Page
136 of 321

2905/031858-0001
19246424.4 a07/18/23 -9-

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services and assignment of personnel pursuant to Section 2.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services. The personnel performing the Services 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 Purchase Orders, City shall not pay salaries, wages, or other compensation to Consultant for performing Services . City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

7.1 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 under this Agreement unless such person is properly docum ented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.2 P
revailing Wages . The Parties have determined that prevailing wage laws do not apply to this Agreement because the Services do not include construction, alteration, demolition, installation, or repair work or are otherwise exempt under California’s prevailing wage laws (Lab.

Code, § 1720 et seq.). Notwithstanding the foregoing, it is agreed by the Parties that, in connection with performance of this Agreement , including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, and/or any other similar law. Section 4, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing 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 wa ges 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 under DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 14

Menifee Mayor and City Council
September 3, 2025
Page
137 of 321

2905/031858-0001
19246424.4 a07/18/23 -10-

this Agreement 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.

7.3 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants , and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.

7.4 C
onflicts 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 Politic al Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to c omplete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

7.5 A
mendments . The Parties may amend this Agreement and/or any Purchase Order only by a writing signed by all the Parties. The City Manager shall have the authority to execute amendments to this Agreement and any Purchase Order which extend the time for performance or modify the Services to be provided. Extensions of the time for performance of Services does not entitle Consultant to additional compensation to the compensation initially provided in the applicable Purchase Order.

7.6 A
ssignment 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 DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 15

Menifee Mayor and City Council
September 3, 2025
Page
138 of 321

2905/031858-0001
19246424.4 a07/18/23 -11-

than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

7.7 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; and/or d. Charge Consultant the difference between the cost to complete the Services described in the relevant Purchase Order that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 3 if Consultant had completed the Services.

SECTION 8. KEEPING AND STATUS OF RECORDS.

8.1 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.

8.2 L
icensing of Intellectual Property . This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 16

Menifee Mayor and City Council
September 3, 2025
Page
139 of 321

2905/031858-0001
19246424.4 a07/18/23 -12-

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.

8.3 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 or expenditures and disbursements charged to City for Services under this Agreement, if any 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.

8.4 I
nspection and Audit of Records. Any records or documents that Section 8.3 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 9. MISCELLANEOUS PROVISIONS.

9.1 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 attorney s’ 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.

9.2 A
pplicable 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.

9.3 S
everability . If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

9.4 S ection Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

9.5 N
o Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 17

Menifee Mayor and City Council
September 3, 2025
Page
140 of 321

2905/031858-0001
19246424.4 a07/18/23 -13-

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.

9.6 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.

9.7 R ights and R emedies. The rights and remedies of the P arties 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 d efault or any other default by the other Party.

9.8 I ntegration . This Agreement, including the Exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agre ements, 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. In the event of a conflict between this Agreement and any of the Exhibits, this Agreement shall control.

9.9 C
ounterparts . This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

9.10 E xecution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any ot her agreement to which said Party is bound.

9.11 N
ondiscrimination . Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

9.12 No
Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

9.13 N onliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

9.14 N
o Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 18

Menifee Mayor and City Council
September 3, 2025
Page
141 of 321

2905/031858-0001
19246424.4 a07/18/23 -14-

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.

9.15 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 any Services performed hereunder.
[Signatures on Following Page]

DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 19

Menifee Mayor and City Council
September 3, 2025
Page
142 of 321

2905/031858-0001
19246424.4 a07/18/23 -15-

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

CITY OF MENIFEE

Armando G. Villa, City Manager

Attest:

Stephanie Roseen, Acting City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

Gary F. Hoyt, President

Gary F. Hoyt, Secretary

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 20

Menifee Mayor and City Council
September 3, 2025
Page
143 of 321

2905/031858-0001
19246424.4 a07/18/23
EXHIBIT A.

EXHIBIT A

FORM OF PURCHASE ORDER
This form of Purchase Order is provided for an example only, and none of the fields set forth herein are guaranteed for any particular Services. The fields of each Purchase Order will vary based on the Services required. In no event shall the total, cumulative compensation paid to Consultant pursuant to this Agreement, including any and all Purchase Orders, exceed Two Hundred Thirty Thousand Dollars and Zero CentsZero Dollars and Zero Cents ($230,000.00).

DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 21

Menifee Mayor and City Council
September 3, 2025
Page
144 of 321

2905/031858-0001
19246424.4 a07/18/23 EXHIBIT A.

DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 22

Menifee Mayor and City Council
September 3, 2025
Page
145 of 321

2905/031858-0001
19246424.4 a07/18/23 EXHIBIT B.

EXHIBIT B

RATE SCHEDULE

DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 23

Menifee Mayor and City Council
September 3, 2025
Page
146 of 321

2905/031858-0001
19246424.4 a07/18/23 EXHIBIT C

DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 24

Menifee Mayor and City Council
September 3, 2025
Page
147 of 321

2905/031858-0001
19246424.4 a07/18/23 EXHIBIT C

DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 25

Menifee Mayor and City Council
September 3, 2025
Page
148 of 321

2905/031858-0001
19246424.4 a07/18/23 EXHIBIT C

EXHIBIT C

INVOICING REQUIREMENTS

As a government agency, the City of Menifee is responsible for monitoring all executed contract expenditures to ensure all expenses are within the approved contract budget, as well as monitor all work completed to ensure the scope of work requirements are being met on the approved contract timeline. At any time, project developers may request to view the invoices for their project and ask questions of City staff for items billed. To assist City staff and project developers, several items will be required to be submitted with each invoice in order to clearly and concisely standardize the information presented on all invoices provided by contracted consultants.

If multiple projects are being invoiced through a single billing submission, details of fiscal information for all projects are to be summarized in a table and included as part of the invoice. This table will have all projects listed with project name, project number or tract map number, purchase order number, the amount due on the current invoice for each project, the amount that was previously charged to each project purchase order, and the total amount billed to each project purchase order, as in the example below:

In addition, a full work detail will be included in each invoice. This detail will identify the name and title of the person who conducted the work, the task number/sub-number that was worked on, specific duties completed, date of work, number of hours, cost per hour, and total amount due, as in the example below:

These details will be required on all future invoices submitted.

PROJECT NAME CIP or TRACT
NO.

IP / IS No. PURCHASE
ORDER NO.

PURCHASE

ORDER VALUE

CURRENT

AMOUNT DUE

PREVIOUS
AMOUNT
BILLED

TOTAL BILLED

TO DATE
Sumac Ridge PM37668 IS22-019 04123 $ 50,000.00 $ 5,700.00 $ 10,000.00 $ 15,700.00 Underwood
Park
TM29835-2 IS21-032 04043 $ 35,000.00 $ 7,850.00 $ - $ 7,850.00 Talavera TM29777 IP15-084 03999 $ 17,500.00 $ 2,500.00 $ 15,000.00 $ 17,500.00 TOTAL AMOUNT DUE FOR THIS INVOICE: $ 16,050.00
DocuSign Envelope ID: 26CA1826-A9BA-4925-83A7-169E5CCA2D95 DocuSign Envelope ID: EEA70433-5F95-4F40-AA99-05C653CBA16B Item Title: 10.5
Agreement

Amendment

with

Gary

F.

Hoyt

Landscape

Architecture,

Inc.

for

Professional

On-call

Services

for

Landscape

Design

and
Inspection Services
Item Page Number: 26

Menifee Mayor and City Council
September 3, 2025
Page
149 of 321

CITY OF MENIFEE
SUBJECT: Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215
Overcrossing Project
MEETING DATE: September 3, 2025
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
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 Contract Change Order No. 12 with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project, Capital Improvement Program (CIP) Project No. 13-03, increasing the contract amount by $716,983.75, for a total contract value amount not-to-exceed $26,752,789.01; and

2. Approve and authorize the City Manager to execute Amendment No. 4 to the Transportation Uniform Mitigation Fee (TUMF) Program Reimbursement Agreement with the Western Regional Council of Governments (WRCOG) increasing the contract amount by $1,500,000, for a total amount not-to-exceed $12,755,000; and

3. Adopt two budget amendment resolutions appropriating $1,500,000 in corresponding revenues within the TUMF Fund 2310 and expenditures within the Capital Projects Fund 4320 to the Project account.

DISCUSSION
The Holland Road/Interstate 215 (I-215) Overcrossing Project, CIP Project No. 13-03 (Project) constructed a four-lane bridge and road over the I-215 freeway from Haun Road to Hanover Lane to connect the City’s east and west sides. The Project improvements included the construction of mechanically stabilized earth (MSE) retaining walls on the east side, drainage, irrigation, and landscaping improvements, and the installation of two traffic signals on Holland Road at Haun Road and Hanover Lane.

On October 19, 2022, the City Council awarded the construction services contract to Riverside Construction Company, Inc. (Contractor) in the amount of $25,848,403.85. Construction work for the Project began in January 2023 and is now substantially completed.

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 1

Menifee Mayor and City Council
September 3, 2025
Page
150 of 321

City of Menifee Staff Report
CIP 13-03 CCO No. 12
September 3, 2025

2 8
2 5
Although staff makes every effort to carefully study and anticipate the extent of the scope of work required to achieve project goals, unforeseen needs are often encountered as a project progresses. Unknown site conditions, utility conflicts discovered during construction activities, design clarifications, and additional expenses required to comply with contract documents may result in additional work outside of the original scope and contract amount.

Contract Change Order No. 12
Contract Change Order (CCO) No. 12 is the result of multiple out of scope work items not included in the original design drawings that became necessary to complete the Project requirements. The additional work included:
Conversion of potable irrigation system to recycled water system on the west side. Requests from Eastern Municipal Water District (EMWD) for the relocation of an existing 12” water main in conflict with the City’s Project. The cost of this work is expected to be reimbursed by EMWD.
An additional mow curb was installed on the west side to delineate limits of recycled water systems. This is a requirement from EMWD to ensure there is no cross-contamination between potable and recycled water systems.
Miscellaneous time and material work. These items correspond to various adjustments and installations throughout the Project related to various contract items of work not included in the original scope.
Additional paving at the intersection of Holland Road and Hanover Lane. This work was the result of street improvements made by the adjacent Del Oro North developer (Apartments), which resulted in significant changes to grades and elevations that created poor drainage conditions and ponding in the intersection. The additional Contractor work raised the intersection and addressed drainage issues. The cost of this work is expected to be reimbursed by the Apartments’ developers.
Additional equipment mobilization for trench repair. This item of work corresponds to trench paving related to the installation of the irrigation water meter on the east side. Additional installation of conduits and vaults. This work item corresponds to the installation of the traffic signals at Haun Road and Hanover Lane, where Southern California Edison’s (SCE) plans required trenching and improvements not included in the original scope of work.
Revisions to the traffic signal plans. This item of work corresponds to changes and modifications to the traffic signal plans, which did not conform to current conditions, as the plans were developed more than five years ago. The work included installation of additional conduits, re-stripping and signing, advanced loop installation, pedestrian push buttons.
Installation of a fire hydrant at Antelope Road that was not included in the original scope of work.
Time-related overhead. This item of work corresponds to the various revisions and out- of-scope items of work that extended the completion of the work for 143 days, of which 58 days are compensable. Per the contract documents, the Contractor is entitled to receive compensation for additional work that is beyond their control and not as a result of their performance. This item covers the Contractor's administrative expenses during this time.

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 2

Menifee Mayor and City Council
September 3, 2025
Page
151 of 321

City of Menifee Staff Report
CIP 13-03 CCO No. 12
September 3, 2025

2 8
2 5
Various bid items and material quantities not used in the project that resulted in a credit to the City.

The approval of CCO No. 12 would increase the total not-to-exceed value of the Contractor’s contract to $26,752,789.01. A summary of CCO No. 12 and all previous CCOs are outlined in Table 1.

TABLE 1 – CONTRACT ACTIVITY SUMMARY
Contract
Activity Approval Date Summary of Changes Amount
Original Contract 10/19/2022 Construction services $25,848,403.85 CCO No. 1 4/17/2023 12” C900 DR 14 fusible pipe $20,537.39 CCO No. 2 5/15/2023 Extra work for miscellaneous items $49,000.00 CCO No. 3 5/31/2023 Irrigation modifications plan IP-5 ($9,000.00) CCO No. 4 7/27/2023 Adjustment of girder flare thickness $0.00 CCO No. 5 9/5/2023 Misc. extra work and time & materials $16,824.94 CCO No. 6 9/21/2023 Extra work time & materials related to EMWD utilities. $3,412.35
CCO No. 7 12/13/2023 Extra electrical work for Frontier $17,892.61 CCO No. 8 1/26/2024
Additional bridge work including utility
opening and additional rebar and
exothermic welding
$9,344.96
CCO No. 9 4/25/2024 Dispute Resolution Board required by Caltrans $35,000.00
CCO No. 10 5/14/2024
Time extension and time-related
overhead for SCE delay at Abutment
No. 4
$17,716.48
CCO No. 11 7/22/2024 Replace 22” transmission waterline steel casing with 26” steel casing $26,672.68
CCO No. 12 PENDING
Miscellaneous extra work (see above),
time-related overhead, and quantity
balance
$716,983.75
TOTAL $26,752,789.01
Transportation Uniform Mitigation Fee (TUMF) Program Reimbursement Agreement On March 30, 2020, the WRCOG TUMF Program allocated $6,455,000 toward the Project’s construction phase costs and the City and WRCOG entered into a TUMF Program Reimbursement Agreement (Reimbursement Agreement). The original TUMF Program allocation covered only the construction of the overcrossing structure itself. The City and WRCOG entered into Amendment No. 1 in November 2021, increasing the TUMF allocation to $8,255,000 for construction related to the Project’s roadway improvements from Haun Road to Hanover Lane.

Following a competitive bidding process for the construction contract, the lowest responsive bid received exceeded the Engineer’s estimate and the TUMF allocation was increased through Amendment No. 2 in October 2022 to a total of $10,255,000. On November 15, 2023, the City and WRCOG entered into Amendment No. 3 increasing the TUMF allocation to $11,255,00 to Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 3

Menifee Mayor and City Council
September 3, 2025
Page
152 of 321

City of Menifee Staff Report
CIP 13-03 CCO No. 12
September 3, 2025

2 8
2 5
support unanticipated Project costs during the construction phase associated with unmarked utility discoveries during excavation activities.

As construction activity progressed, the Project costs have exceeded original estimates and bid quantities due to additional time and effort required to perform extensive utility coordination and relocation work. Additional costs included the installation of conduits and vaults related to the traffic signals at Haun Road and Hanover Lane, which required trenching and improvements per SCE’s plans that were not included in the original scope. As a result of the unanticipated costs, City staff requested that WRCOG increase the TUMF allocation by an additional $1,500,000 to further support and closeout the construction phase of the Project. At the request of the City, the WRCOG’s Fiscal Year (FY) 2025/2026 TUMF Central Zone 5-Year Transportation Improvement Program (TIP) was amended to increase the total TUMF contribution towards the Project to $12,755,000. The revised TIP was approved on August 4, 2025, by the WRCOG Executive Committee. The Reimbursement Agreement history, including all prior amendments, are outlined in Table 2.

TABLE 2 – TUMF REIMBURSEMENT AGREEMENT HISTORY
Agreement Activity Approval Date Summary of Changes Value Original Agreement 3/30/2020 Original TUMF allocation to support construction phase costs $6,455,000
Amendment No. 1 11/17/2021 Increase TUMF share to support additional construction costs $1,800,000
Amendment No. 2 10/19/2022 Increase TUMF share to support additional construction costs $2,000,000
Amendment No. 3 1/17/2024 Increase TUMF share to support additional construction costs $1,000,000
Amendment No. 4 Pending Increase TUMF share to support
additional construction costs $1,500,000
TOTAL $12,755,000
The Project budget must be increased in corresponding revenues to support the additional unanticipated construction costs outlined above. City Council action is required for approval of the proposed budget amendment resolutions (BAR) as it will result in an increase to the FY 2025/2026 CIP budget.

CCO No. 12, in the amount of $716,983.75, exceeds the City Manager’s signing authority, bringing the cumulative total of all CCOs to $904,385.16, or 3.50% of the original contract amount.

The proposed Amendment No. 4 to the Reimbursement Agreement also exceeds the City Manager’s signing authority. Pursuant to Resolution No. 24-1569 and Menifee Municipal Code §3.12.150, amendments or change orders in the aggregate amount greater than 10% of the agreement amount, exceeds a time extension of 120 days, or that exceeds the City Manager’s signing authority shall be approved by the City Council.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 4

Menifee Mayor and City Council
September 3, 2025
Page
153 of 321

City of Menifee Staff Report
CIP 13-03 CCO No. 12
September 3, 2025

2 8
2 5

FISCAL IMPACT
The proposed Amendment No. 4 to the TUMF Reimbursement Agreement with WRCOG would increase the Agreement value by $1,500,000, for a total amount not-to-exceed $12,755,000. The proposed increase to the Project budget would support the construction costs included in CCO No. 12 as well as any additional unanticipated costs required to close out the Project. If approved, the corresponding revenues would be appropriated to the Project budget through a Budget Amendment Resolution (BAR) within the TUMF Fund (2310-PWD-CIPS-433550) in the amount of $1,500,000 and expenditures within the Capital Projects Fund for the expenditures (4320-PWD- CIPS-900-02310-690000), as summarized in Table 3.

TABLE 3 – PROPOSED PROJECT BUDGET
Fund Account Number Appropriation
of Revenue
Appropriation of
Expenditures
TUMF 2310-PWD-CIPS-433550 $1,500,000
Capital Projects 4320-PWD-CIPS-900-
02310-690050 $1,500,000
An additional BAR would be needed to issue a transfer of the funds from the TUMF Fund to the Capital Projects Fund and then an appropriation within the Capital Projects Fund for the expenditure (4320-PWD-CIPS-900-02310-690000). Per Resolution No. 25-1593 the Chief Financial Officer and/or designee is hereby authorized to process corresponding transfers (transfer appropriations) of all approved CIP Program expenditure appropriations, including FY2025/26 and 2026/27, and prior years’ carryover appropriations to Capital Projects Fund (Fund 4320) for purposes of consolidating CIP program expenditures under one fund.

The fiscal impact of the proposed CCO No. 12 would increase the Contract value by $716,983.75, for a total amount not-to-exceed $26,752,789.01. If approved, the $1,500,000 appropriated through the proposed BARs would cover CCO No. 12, and any final construction costs required to close out the Project, as summarized in Table 4.

TABLE 4 – PROPOSED PROJECT BUDGET
Fund Project Account String Beginning Budget Proposed
Budget
CCO No. 12
Anticipated
Cost
TUMF CIP 13-03.2310.CON.CAE $0.00 $1,500,000 $716,983.75 TOTAL $0.00 $1,500,000 $716,983.75
Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 5

Menifee Mayor and City Council
September 3, 2025
Page
154 of 321

City of Menifee Staff Report
CIP 13-03 CCO No. 12
September 3, 2025

2 8
2 5

ATTACHMENTS

1. Project Location Map

2. CCO No. 12

3. Contract

4. Amendment No. 4

5. Reimbursement Agreement

6. FY2025/26 TUMF Central Zone 5-Year TIP

7. BAR – Fund 2310

8. BAR – Fund 4320
Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 6

Menifee Mayor and City Council
September 3, 2025
Page
155 of 321

215
Ajilwood Ct
W
i
l
l
o
w
o
o
d
W
a
y
B l o s s o m w o o d
C
t
Fruitwood Dr
Antelope Rd
S u n w o o d
P l
A s p e n w o o d W a y
Hanover Ln
G
r e
e
n
F
o
r e
s
t
D
r
Albion Ln
Larchwood St
H
a
u
n
R
d
Copyright nearmap 2015
215
Haun Rd
Holland Rd
L a P i e d r a
R
d
M
e
n
i
f
e
e
R
d
Antelope Rd
Bradley Rd
N e w p o r t R dProject Site
0 0.06 0.12
Miles
Ë
Path: E:\Standard_Maps\Engineering_PW\Holland_Overpass_Location_Map\Holland_Overpass_Location_Map.aprx Date: 10/18/2021 Holland Rd & I-215 Overpass / Interchange (CIP 13-03)
Project Location Map
Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 7

Menifee Mayor and City Council
September 3, 2025
Page
156 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 8

Menifee Mayor and City Council
September 3, 2025
Page
157 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 9

Menifee Mayor and City Council
September 3, 2025
Page
158 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 10

Menifee Mayor and City Council
September 3, 2025
Page
159 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 11

Menifee Mayor and City Council
September 3, 2025
Page
160 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 12

Menifee Mayor and City Council
September 3, 2025
Page
161 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 13

Menifee Mayor and City Council
September 3, 2025
Page
162 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 14

Menifee Mayor and City Council
September 3, 2025
Page
163 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 15

Menifee Mayor and City Council
September 3, 2025
Page
164 of 321

IVERSIDE

CONSTRUCTION
COMPANY, INC.

GENERAL ENGINEERING CONTRACTORS
4225 GARNER ROAD• RIVERSIDE, CALIFORNIA 92501-1057
P.O. BOX 1146 • RIVERSIDE, CALIFORNIA 92502-1146

VIA E-MAIL
July 22nd, 2025
City of Menifee Public Works Department
C/O Southstar Engineering
39844 Haun Road
Menifee, CA 92584
Attn: Amr Abuelhassan, P.E
Project: Holland Road Overcrossing Interstate 215, GIP No 13-03 RE: Final Request for Time Extension and Payment for Delays in Accordance with Section 6-6 of the City of Menifee Special Provisions
Dear Mr. Abuelhassan,
As agreed, Riverside Construction Company, Inc. (RCC) formally request a final time extension and payment for project delays, as outlined in Section 6-6 "Delays and Extensions of Time" of the City of Menifee Special Provisions.

In adherence to Section 6-6.3 "Extension of Time," we formally request a time extension of 143 working days, extending the project substantial completion date to April 30, 2025 (58 compensable delay & 85 concurrent delay). RCC requests payment of 58 days for the delays in line with Section 6-6.5 "Payment for Delays" as specified in the Special Provisions and related Time-Related Overhead (TRO) per Bid Item #50.

The reasons for the compensable delay are as follows:

1. Redesign and modifications to SCE Traffic Signals and Lighting.

2. Redesign of Landscape & Irrigation. Including meter locations & tie-ins revised by EMWD.

3. EMWD additional work including added fire hydrant on Hanover Ln.

4. Redesign for asphalt paving at the intersection of Holland Rd. & Hanover Ln.

Sincerely,
Riverside Construction Company, Inc.
��
Ryan Camp
Project Manager
(951) 682-8308 AN EMPLOYEE OWNED COMPANY CALIF. STATE
(951) 682-8350 (FAX) www., ivconst, uct.com LICENSE NO. 266222 ITEM #10
Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 16

Menifee Mayor and City Council
September 3, 2025
Page
165 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 17

Menifee Mayor and City Council
September 3, 2025
Page
166 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 18

Menifee Mayor and City Council
September 3, 2025
Page
167 of 321

290/031858-0008
7645681.2 a00/00/00 Page 1

CITY OF MENIFEE BID AND CONTRACT DOCUMENTS

OWNER-CONTRACTOR AGREEMENT
CIP 13-03 HOLLAND ROAD/I-215 INTERCHANGE OVERCROSSING
This Owner -Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and RIVERSIDE CONSTRUCTION COMPANY, INC (“Contractor”), whose principal business address is 4225 GARNER ROAD, RIVERSIDE, CA 92501 on the ________ day of ______________, 20_______.

In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the Work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the CIP 13 -03 HOLLAND ROAD/I - 215 INTERCHANGE OVERCROSSING to be constructed at the Holland Road in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance w ith any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void.

2. CONTRACT PRICE
Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents.

The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed.

DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 October
22 21
Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 19

Menifee Mayor and City Council
September 3, 2025
Page
168 of 321

290/031858-0008
7645681.2 a00/00/00 Page 2

4. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.

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

6. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.]

7. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person’s compensation, terms, conditions or privileges of employment because of such person’s race, religious status, sex or age.

8. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer m ay delegate authority in connection with this Agreement to his/her assigned designees.

9. WORKERS’ COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires e very employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self -insurance in accordance with the DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 20

Menifee Mayor and City Council
September 3, 2025
Page
169 of 321

290/031858-0008
7645681.2 a00/00/00 Page 3

provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”

10. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

11. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested.

12. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services.

13. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

14. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement an d/or the Contract Documents shall be had in the Superior Court of Riverside, Temecula Branch

15. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

16. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 21

Menifee Mayor and City Council
September 3, 2025
Page
170 of 321

290/031858-0008
7645681.2 a00/00/00 Page 4

where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 15, above:

(Initial) (Initial)

17. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

AGENCY:

City of Menifee
By:

Armando G. Villa, City Manager
CONTRACTOR:

By:

Name: Donald M. Pim, President______
Its:

APPROVED AS TO FORM:

By:

Jeffrey T. Melching, City Attorney
By:

Name: Bryan Lounsbury,
Secretary/Treasurer
Its:

ATTEST:

By:

Stephanie Roseen, Acting City Clerk
CA License 266222, Class A
Contractor’s City Business License No.

State Contractor License No. & Class
4225 GARNER ROAD
Street Address
RIVERSIDE, CA 92501
City, State, Zip Code
DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 22

Menifee Mayor and City Council
September 3, 2025
Page
171 of 321

290/031858-0008
7645681.2 a00/00/00 Page 5

[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]

DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 23

Menifee Mayor and City Council
September 3, 2025
Page
172 of 321

290/031858-0008
7645681.2 a00/00/00 Page 6

EXHIBIT A

CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards

DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 24

Menifee Mayor and City Council
September 3, 2025
Page
173 of 321

290/031858-0008
7645681.2 a00/00/00 Page 7

EXHIBIT B

CONTRACT PRICE
Twenty Five Million Eight Hundred Forty Eight Thousand Four Hundred Three Dollars and Eighty Five Cents ($25,848,403.85)
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.

DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 25

Menifee Mayor and City Council
September 3, 2025
Page
174 of 321

290/031858-0008
7645681.2 a00/00/00 Page 8

DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 26

Menifee Mayor and City Council
September 3, 2025
Page
175 of 321

290/031858-0008
7645681.2 a00/00/00 Page 9

DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 27

Menifee Mayor and City Council
September 3, 2025
Page
176 of 321

290/031858-0008
7645681.2 a00/00/00 Page 10

DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 28

Menifee Mayor and City Council
September 3, 2025
Page
177 of 321

290/031858-0008
7645681.2 a00/00/00 Page 11

DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 29

Menifee Mayor and City Council
September 3, 2025
Page
178 of 321

290/031858-0008
7645681.2 a00/00/00 Page 12

DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 30

Menifee Mayor and City Council
September 3, 2025
Page
179 of 321

290/031858-0008
7645681.2 a00/00/00 Page 13

DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 31

Menifee Mayor and City Council
September 3, 2025
Page
180 of 321

290/031858-0008
7645681.2 a00/00/00 Page 14

DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 32

Menifee Mayor and City Council
September 3, 2025
Page
181 of 321

290/031858-0008
7645681.2 a00/00/00 Page 15

DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 33

Menifee Mayor and City Council
September 3, 2025
Page
182 of 321

290/031858-0008
7645681.2 a00/00/00 Page 16

DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 34

Menifee Mayor and City Council
September 3, 2025
Page
183 of 321

290/031858-0008
7645681.2 a00/00/00 Page 17

DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 35

Menifee Mayor and City Council
September 3, 2025
Page
184 of 321

290/031858-0008
7645681.2 a00/00/00 Page 18

DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 36

Menifee Mayor and City Council
September 3, 2025
Page
185 of 321

290/031858-0008
7645681.2 a00/00/00 Page 19

DocuSign Envelope ID: C8F44993-4D7F-4E94-BEFB-292332E8F87D DocuSign Envelope ID: 3A3626E3-1459-4EF8-949F-DEFE7AA4CBC4 Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 37

Menifee Mayor and City Council
September 3, 2025
Page
186 of 321

18-CN-MEN-1181
AMENDMENT NO. _4 TO TRANSPORTATION UNIFORM MITIGATION FEE

PROGRAM AGREEMENT
HOLLAND ROAD / I-215 OVERPASS
This Amendment No. 4 to Transportation Uniform Mitigation Fee Program Agreement (“Amendment No. 4”) is entered into this ______ day of _______________, 2025_, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”) and THE CITY OF MENIFEE (“AGENCY”). WRCOG and the AGENCY are sometimes referred to individually as “Party” and collectively as “Parties.”

RECITALS
A. WRCOG and AGENCY have entered into an agreement numbered 18-CN-MEN- 1181 titled “Transportation Uniform Mitigation Fee Program Agreement” that is dated 3/30/2020 (“Agreement”), Amendment 1 that is dated 11/17/2021, Amendment 2 that is dated 10/19/2022 (“Amendments”), and Amendment 3 that is dated 1/17/2024. The Agreement and Amendments provide the terms and conditions, scope of work, schedule and funding amount for the CON (construction) Phase of the Holland Road / I-215 Overpass (hereinafter the “Project”).

B. The Parties desire to amend the Agreement and Amendments by increasing the original construction funding amount pursuant to Sections 6 and 33 of the Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 38

Menifee Mayor and City Council
September 3, 2025
Page
187 of 321

18-CN-MEN-1181

1. The Funding Amount contained in Section 2 of the Agreement and additional funding amount in the Amendments is hereby increased by One Million Five Hundred Thousand Dollars ($1,500,000) for the construction phase of the project which includes the Holland Road segment from Antelope Road to Haun Road, for a total of Twelve Million Seven Hundred Fifty-Five Thousand Dollars ($12,755,000).

2. The Funding Amount is within the Maximum TUMF Share.

3. The change in scope for this project is amended to include acquisition of needed right-of-way.

4. Exhibits “A-1” and “A-2” of the Agreement are hereby replaced in their entirety by Exhibits “A-1” and “A-2” of this Amendment No. 4, which are attached hereto and incorporated by reference.

5. The above-stated Recitals are hereby fully incorporated into this Amendment No.

4. 6. Except to the extent specifically modified or amended hereunder, all of the terms, covenants and conditions of the Agreement shall remain in full force and effect between the Parties hereto.

IN WITNESS WHEREOF, the Parties have caused this Amendment No. 4 to be executed by their duly authorized representatives to be effective on the day and year first written above.

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 39

Menifee Mayor and City Council
September 3, 2025
Page
188 of 321

18-CN-MEN-1181

WESTERN RIVERSIDE COUNCIL CITY OF MENIFEE

OF GOVERNMENTS
By: ______________________________ By: ______________________________ Dr. Kurt Wilson, Armando Villa, City Manager
Executive Director
Approved to Form: Approved to Form:

By: ______________________________ By: ______________________________ Steven C. DeBaun Jeffrey T. Melching, City Attorney
General Counsel
Attest:

By: ______________________________
Stephanie Roseen, City Clerk
Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 40

Menifee Mayor and City Council
September 3, 2025
Page
189 of 321

18-CN-MEN-1181
Exhibit A

SCOPE OF SERVICES

1.SCOPE OF WORK: The Scope of Work as contained in the original agreement shall remain intact. The amounts included in table A-1 and A-2 are being increased as follows:

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 41

Menifee Mayor and City Council
September 3, 2025
Page
190 of 321

18-CN-MEN-1181
EXHIBIT “A-1”

ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED $ 800,000 $ 800,000
PS&E $ 1,538,190 $ 1,538,190
RIGHT OF WAY $3,110,000 $ 3,110,000
CONSTRUCTION $12,755,000 $15,517,421 $28,272,421
TOTAL $12,755,000 $20,965,611 $33,720,611
Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 42

Menifee Mayor and City Council
September 3, 2025
Page
191 of 321

18-CN-MEN-1181
EXHIBIT “A-2”

PROJECT SCHEDULE
TIMETABLE:
20323.00004\7854268.2
Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED October 2020 $ 800,000 Completed
PS&E February 2022 $ 1,538,190 Completed
RIGHT OF WAY October 2021 $ 3,110,000 Completed
CONSTRUCTION July 2024 $28,272,421 In Progress
TOTAL $33,720,611
Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 43

Menifee Mayor and City Council
September 3, 2025
Page
192 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 44

Menifee Mayor and City Council
September 3, 2025
Page
193 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 45

Menifee Mayor and City Council
September 3, 2025
Page
194 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 46

Menifee Mayor and City Council
September 3, 2025
Page
195 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 47

Menifee Mayor and City Council
September 3, 2025
Page
196 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 48

Menifee Mayor and City Council
September 3, 2025
Page
197 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 49

Menifee Mayor and City Council
September 3, 2025
Page
198 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 50

Menifee Mayor and City Council
September 3, 2025
Page
199 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 51

Menifee Mayor and City Council
September 3, 2025
Page
200 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 52

Menifee Mayor and City Council
September 3, 2025
Page
201 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 53

Menifee Mayor and City Council
September 3, 2025
Page
202 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 54

Menifee Mayor and City Council
September 3, 2025
Page
203 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 55

Menifee Mayor and City Council
September 3, 2025
Page
204 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 56

Menifee Mayor and City Council
September 3, 2025
Page
205 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 57

Menifee Mayor and City Council
September 3, 2025
Page
206 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 58

Menifee Mayor and City Council
September 3, 2025
Page
207 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 59

Menifee Mayor and City Council
September 3, 2025
Page
208 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 60

Menifee Mayor and City Council
September 3, 2025
Page
209 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 61

Menifee Mayor and City Council
September 3, 2025
Page
210 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 62

Menifee Mayor and City Council
September 3, 2025
Page
211 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 63

Menifee Mayor and City Council
September 3, 2025
Page
212 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 64

Menifee Mayor and City Council
September 3, 2025
Page
213 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 65

Menifee Mayor and City Council
September 3, 2025
Page
214 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 66

Menifee Mayor and City Council
September 3, 2025
Page
215 of 321

Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 67

Menifee Mayor and City Council
September 3, 2025
Page
216 of 321

Attachment

2025 TUMF Central Zone
5-Year Transportation
Improvement Program
Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 68

Menifee Mayor and City Council
September 3, 2025
Page
217 of 321

Fiscal Year FY25/26 FY26/27 FY27/28 FY28/29 FY29/30
Current
Programmed
Phase Balance
Total Phase
Payments/
Expenditures
Reimbursement
Agreement
Values
Last
Invoiced Max Share (2024)
Forecast Revenues $12,000,000 12,120,000 $ 12,180,600 $ 12,241,503 $ 12,363,918 $ $ 86 ,201,274 $ (45,818,780) Carryover Revenues (As of March 2022) 14,863,523 $ (23,003,376) $ (33,194,076) $ (28,781,476) $ (23,539,973) $ Available Revenue $26,863,523 (10,883,376) $ (21,013,476) $ (16,539,973) $ (11,176,055) $

S Phase
PLN $ 4,161,338 $ - $ - $ - $ - $ 4,161,338 $ (600,000) $ 4,761,338 ENG $ 507,051 $ - $ - $ - $ - $ 507,051 $ (992,949 ) $ 1,500,000 23-CN-RCY-1199 Nuevo Rd (Dunlap Dr to Menifee Rd) PL N $ 500,000 $ - $ - $ - $ - $ 500,000 $ - No Agreement N/A $ 2,505,000 PLN $ 1,000,000 $ - $ - $ - $ - $ 1,000,000 $ - $ 1,000,000 ROW $ - $ - $ - $ - $ - $ - $ (2,000,000) $ 2,000,000 25-CN-RCY-1410 Nuevo Road Bridge (Over San Jacinto
River) CON $ - $ - $ 2,900,000 $ 2,000,000 $ - $ 4,900,000 $ - $ - N/A $ 5,568, 000 18-CN-MEN-1181 Holland Road (Antelope to Haun) & I-215
Overcrossing CON $ 1,500,000.00 $ - $ - $ - $ - $1,500,0 00 $ (11,255,000) $ 11,255,000 3/6/2025 24,441,000 $
PLN $ - $ - $ - $ - $ - $ - $ (851,757) $ 150,000 ENG $ 1,245,754 $ - $ - $ - $ - $ 1,245,754 $ (1,002,489) $ 2,220,000 ROW $ 1,500,000 $ 1,00 9,000 $ - $ - $ - $ 2,509,000 $ - $ - PLN $ 405,624 $ - $ - $ - $ - $ 405,624 $ (1,017,868) $ 1,423,493 ENG $ 1,379,425.00 $ - $ - $ - $ - $ 1,379,425 $ (500) $ 1,379,925 ROW $ - $ 2,903,700 $ - $ - $ - $ 2,903,700 $ (2,07 0) $ 405,770 PLN $ 74,520 $ - $ - $ - $ - $ 74,520 $ (57,480) $ 132,000 ENG $ - $ - $ - $ - $ - $ - $ (330,000) $ 330,000 ROW $ 532,426 $ - $ - $ - $ - $ 532,426 $ (15,574) $ 548,000 CON $ 1,849,000 $ - $ - $ - $ - $ 1,849,000 $ - $ 1,507,000 PLN $ 280,888 $ - $ - $ - $ - $ 280,888 $ (3,112) $ 284,000 ENG $ 620,398 $ - $ - $ - $ - $ 620,398 $ (88,6 03) $ 709,000 ROW $ 1,170,565 $ - $ - $ - $ - $ 1,170,565 $ (5,435 ) $ 1,526,000 CON $ - $ - $ 2,184,000 $ - $ - $ 2,184,000 $ - $ - PLN $ 500,000 $ - $ - $ - $ - $ 500,000 $ - $ 500,000 ROW $ - $ 2,000,000 $ - $ - $ - $ 2,000,000 $ - $ - ENG $ 595,000 $ - $ - $ - $ - $ 595,000 $ - $ - ROW $ - $ 1,000,000 $ - $ - $ - $ 1,000,000 $ - $ - CON $ - $ - $ 2,684,000 $ - $ - $ 2,684,000 $ - $ - 25-CN-MEN-1412 Garbani Rd/I-215 Interchange ENG $ - $ - $ - $ 5 ,000,000 $ - $ 5,000,000 $ - $ - N/A $ 42,483,000 N/A $ 11,439,000
18,243,000 $
12/6/2024
6/27/2024
9/20/2023
4/9/2025 18,388,000 $
6/27/2023
87,252,000 $
17,337,000 $
2,288,000 $
3/14/2024 4,353,000.00 $
N/A $ 105,560,000
Menifee Road Widening (Garbani Road to
Scott Road) 23-CN-MEN-1189
24-CN-MEN-1316 Ethanac Ave Grade Separation at BNSF
25-CN-MEN-1411 Holland Road (Bradley Road to Haun
Road)
Fiscal Year 2025/2026 Central Zone 5-Year Transportation Improvement Program City of Menifee
Programmed Expenditures
County of Riverside
Cajalco Road, Alexander Street to I-215
(3.280 mi. 2 to 4 lanes) 06-CN-RCY-1103
Scott Road Widening (Sunset Ave to I-
215)
21-CN-MEN-1197 McCall Blvd Widening (Aspell Rd to
Menifee Rd)
18-CN-MEN-1182
20-CN-MEN-1183 McCall/I-215 Interchange
23-CN-RCY-1318 Gilman Springs Rd (SR-60 to Bridge St )
https://wrcog.sharepoint.com/sites/SharedData/Documents/Programs/Transportation/TUMF/Annual TIPs - Pro jects and Invoices/2025 TIP Update/Central Zone/2025 Central Zone 5-Year TIP1 - Updated Version.xlsx 1 7/11/20258:19 AM Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 69

Menifee Mayor and City Council
September 3, 2025
Page
218 of 321

PLN $ - $ - $ - $ - $ - $ - $ (1,229,943) $ 861,849 ENG $ - $ - $ - $ - $ - $ - $ (4,068,087) $ 3,570,631 ROW $ - $ - $ - $ - $ - $ - $ (5,365,199) $ 5,626,000 CON $ 744,325 $ - $ - $ - $ - $ - $ (11,150 ,926) $ 14,500,000 PLN $ 2,612,264 $ - $ - $ - $ - $ 2,612,264 $ (887,736) $ 3,500,000.00 ENG $ 5,000,000 $ - $ - $ - $ - $ 5,000,000 $ - $ - ROW $ - $ 4,000,000 $ - $ - $ - $ 4,000,000 $ - $ - PLN $ - $ - $ - $ - $ - $ - $ (250,000) $ 250,000.00 PSE $ 5,605,413 $ - $ - $ - $ - $ 5,605,413 $ (1,644,587) $ 3,250,000.00 ROW $ 2,500,000 $ 4,500, 000 $ - $ - $ - $ 7 ,000,000 $ - $ - 25-CN-MOR-1413 Alessandro Blvd (Nason St to Moreno
Beach Drive) CON $ 1,000,000 $ - $ - $ - $ - $ 1,000,000 $ - $ - N/A $ - City of Perris
ENG $ - $ - $ - $ - $ - $ - $ (150,000) $ 150,000 ROW $ 2,000,000 $ - $ - $ - $ - $ 2,000,000 $ (627,570) $ 627,570 CON $ - $ - $ - $ - $ - $ - $ (2,193,801) $ 3,700,000 24-CN-PER-1314 Ethanac Rd (Goetz to Keystone, 0 to 4
lanes) w/Bridge CON
$ 7,000,000 $ 6,898,000 $ - $ - $ - $ 13,898, 000 $ - $13,898,0 00 N/A $ 11,624,000 25-CN-PER-1414 Ethanac Road/I-215 Interchange ENG $ 5,000,000 $ - $ - $ - $ - $ 5,000,000 $ - N o Agreement N/A $ 5,316,000 PLN $ 121,908 $ - $ - $ - $ - $ 121,908 $ (28,094) $ 150,000 ENG $ 461,000 $ - $ - $ - $ - $ 461,000 $ - $ 461,000 ROW $ - $ - $ - $ - $ - $ - $ - $ 311,000 Total Programmed Capital Expenditures $ 49,866,899 $ 22,310,700 $ 7,768,000 $ 7,000,000 $ - Total Programmed Balance Carryover * $ (23,003,376) $ (33,194,076) $ (28,781,476) $ (23,539,973) $ (11,176,055) FY25/26 FY26/27 FY27/28 FY28/29 FY29/30
$ 26,863,523 $ (10,883,376) $ (21,013,476) $ (16,539,973) $ (11,176,055) $ 49,866,899 $ 22,310,700 $ 7,768,000 $ 7,000,000 $ - $ 75,769,544 $ 86,201,274 $ (23,003,376) $ (33,194,076) $ (28,781,476) $ (23,539,973) $ (11,176,055) Notes:
32,306,000 $
City of Moreno Valley
32,698,000 $
9/26/2024
2/28/2025
22-CN-MOR-1307 Theodore WLC/SR-60 Interchange
05-CN-MOR-1012 Moreno Beach Drive/SR-60 Interchange
Phase II - Overcrossing
Carryover
Balance
5-Year Total
Available
Revenue
5-Year Total
Programmed
Phases: planning=PLN, engineering=ENG, right-of-way=ROW, construction=CON Fiscal Year
13-CN-PER-1164
16-CN-MOR-1179
Heacock Street, San Michele Road to
Harley Knox Boulevard (0.74 mi. 2 to 4
lanes)
City of Moreno Valley/ March JPA
20-CN-MOR-1184 Redlands Blvd/SR-60 Interchange
Perris Boulevard Widening, Phase II (I-
215 to Case)
32,698,000 $
Summary Table
3/11/2025
Total
Funded/Obli
gated
Expenditures
Available
Revenue
6,297,000 $
1,740,000 $
12/7/2019
8/8/2018
https://wrcog.sharepoint.com/sites/SharedData/Documents/Programs/Transportation/TUMF/Annual TIPs - Pro jects and Invoices/2025 TIP Update/Central Zone/2025 Central Zone 5-Year TIP1 - Updated Version.xlsx 2 7/11/20258:19 AM Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 70

Menifee Mayor and City Council
September 3, 2025
Page
219 of 321

RESOLUTION NO. 25-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2025/26 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2025/26 and Fiscal Year 2026/27 with Resolution 25-1596 on June 18th, 2025; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY 2025/26 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

REVENUE ADJUSTMENT – TRANSPORTATION UNIFORM MITIGATION FEE FUND 2310 EXPENDITURE ADJUSTMENT – TUMF FUND 2310

RECORD TRANSFER OF FUNDS
FROM ACCOUNT # TO ACCOUNT # AMOUNT
2310-57-PWD-CIPS-900-0000-
904320-
4320-57-PWD-CIPS-900-02310-
802310-
$1,500,000.00
TOTAL: $1,500,000.00
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
September 3,
2025
TUMF for CIP 13-03 Holland Rd
Overpass
2310-28-XNC-XNCL-
000-00000-433550- $1,500,000.00
TOTAL: $1,500,000.00
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
September 3,
2025
TUMF for CIP 13-03 Holland Rd
Overpass
2310-57-PWD-CIPS-
900-0000-904320- $1,500,000.00
Total $1,500,000.00
Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 71

Menifee Mayor and City Council
September 3, 2025
Page
220 of 321

Amending the Fiscal Year 2025/26 TUMF Fund Budget
TUMF for CIP 13-03 Holland Road Overpass
2 4
9 8
1 0
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California hereby to determine and order as follows:

Section 1.The annual budget for the TUMF Fund 2310 for the City of Menifee for FY 2025/26 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

FUND SUMMARY – TUMF FUND 2310
PASSED, APPROVED AND ADOPTED this 3rd day of September, 2025. _____________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney

CATEGORY ADOPTED

BALANCE
PRIOR

ADJUSTMENTS

AMENDMENT
AMOUNT

AMENDED
TOTAL
Revenues $0.00 $0.00 $1,500,000.00 $1,500,000.00
Expenditures $0.00 $0.00 $1,500,000.00 $1,500,000.00
Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 72

Menifee Mayor and City Council
September 3, 2025
Page
221 of 321

RESOLUTION NO. 25-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2025/26 OPERATING BUDGET
WHEREAS, the City of Menifee, California, adopted a budget for Fiscal Year 2025/26 and Fiscal Year 2026/27 with Resolution 25-1596 on June 18th, 2025; and WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the FY 2025/26 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

REVENUE ADJUSTMENT – CAPITAL PROJECTS FUND 4320
EXPENDITURE ADJUSTMENT – CAPITAL PROJECTS FUND 4320

RECORD TRANSFER OF FUNDS
FROM ACCOUNT # TO ACCOUNT # AMOUNT
2310-57-PWD-CIPS-900-0000-
904320-
4320-57-PWD-CIPS-900-02310-
802310-
$1,500,000.00
TOTAL: $1,500,000.00
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
September 3,
2025
TUMF for CIP 13-03 Holland Rd
Overpass
4320-57-PWD-CIPS-
900-02310-802310- $1,500,000.00
TOTAL: $1,500,000.00
CITY

COUNCIL

MEETING

DESCRIPTION ACCOUNT NUMBER AMOUNT
September 3,
2025
TUMF for CIP 13-03 Holland Rd
Overpass
4320-55-PWD-CIPS-
900-02310-690050- $1,500,000.00
Total $1,500,000.00
Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 73

Menifee Mayor and City Council
September 3, 2025
Page
222 of 321

Amending the Fiscal Year 2025/26 Capital Projects Fund Budget TUMF for CIP 13-03 Holland Road Overpass
2 4
9 8
1 0
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California hereby to determine and order as follows:

Section 1.The annual budget for the Capital Projects Fund 4320 for the City of Menifee for FY 2025/26 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

FUND SUMMARY – CAPITAL PROJECTS FUND 4320
PASSED, APPROVED AND ADOPTED this 3rd day of September, 2025. _____________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney

CATEGORY ADOPTED

BALANCE
PRIOR

ADJUSTMENTS

AMENDMENT
AMOUNT

AMENDED
TOTAL
Revenues $0.00 $0.00 $1,500,000.00 $1,500,000.00
Expenditures $0.00 $0.00 $1,500,000.00 $1,500,000.00
Item Title: 10.6
Contract Change Order with Riverside Construction Company, Inc. for the Holland Road/Interstate 215 Overcrossing Project Item Page Number: 74

Menifee Mayor and City Council
September 3, 2025
Page
223 of 321

CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for the New Quail Valley Fire Station No. 5 Project
MEETING DATE: September 3, 2025
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the improvements for the New Quail Valley Fire Station No. 5 Project, Capital Improvement Program (CIP) Project No. 21-04; and

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

DISCUSSION
The New Quail Valley Fire Station No. 5, CIP Project No. 21-04 (Project) is an approximately 9,000 square foot facility located at 29745 Goetz Road, just south of Vista Way. The new fire station replaced the original Quail Valley Fire Station No. 5, located at the intersection of Goetz Road and Avenida Robles. The new station provides a modernized facility to sustain necessary fire services while supporting additional staff and the area’s growing fire response needs.

On October 19, 2022, the City Council awarded the construction services contract to Act 1 Construction, Inc. (Contractor) in the amount of $8,626,796.57 and approved a total construction budget of $9,540,636. There was a total of ten contract change orders (CCOs) required during construction totaling $280,631.83, which increased the total Contract value to $8,907,428.40, as shown in Table 1 on the following page.

TABLE 1 – CONTRACT ACTIVITY SUMMARY
Contract Activity Approval Date Summary of Changes Value Original Contract 10/19/2022 Construction services $8,626,796.57 CCO No. 1 4/17/2024
Additional utility work including
trenching for EMWD & Frontier
conduit
$66,384.39
CCO No. 2 4/26/2024 Additional electrical items $17,241.54 CCO No. 3 6/3/2024 Day Room Ceiling Framing $28,588.15 Item Title: 10.7
Notice of Completion and Acceptance for the New Quail Valley Fire Station No. 5 Project Item Page Number: 1

Menifee Mayor and City Council
September 3, 2025
Page
224 of 321

City of Menifee Staff Report
CIP 21-04 New Quail Valley FS 5 NOC
September 3, 2025

2 7
7 2
CCO No. 4 6/10/2024 Electrical Changes $9,819.12
CCO No. 5 6/10/2024 BMS Interface $9,534.39
CCO No. 6 6/5/2024 Added Strongbacks $40,427.32
CCO No. 7 6/10/2024 Added Concrete at Genset $3,200.50 CCO No. 8 8/26/2024 Refueling Station & gate operator $46,866.05 CCO No. 9 10/14/2024 Electrical & Traffic Signal changes $5,940.70 CCO No. 10 5/14/2025 Various Items $52,629.67
TOTAL $8,907,428.40
The total amount of all ten CCOs represents 3.25% of the original Contract value. The final construction costs for the Project, including all CCOs and ancillary costs such as materials testing and labor compliance services, totaled $9,568,527.

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

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to the Project. All costs to complete the Project were supported within previously approved Capital Improvement Program Budgets. Ongoing maintenance costs for the facility are included in the Fiscal Years 2025/26 and 2026/27 budget.

ATTACHMENTS

1. Project Location Map

2. Notice of Completion

3. Closeout Documents
Item Title: 10.7
Notice of Completion and Acceptance for the New Quail Valley Fire Station No. 5 Project Item Page Number: 2

Menifee Mayor and City Council
September 3, 2025
Page
225 of 321

Vista Way
W
e
s
t
e
r
n
S
t
a
r
D
r
K e r r i g
a
n
D
r
Goetz Rd

CANYON LAKE
G
o
e
t
z
R
d
N e w
p o r t
R
d
R a i l r o a d C a n y o n R d
Project Site
0 0.01 0.02
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\FireStation5_ProjectSite\FireStation5_ProjectSite.aprx Date: 11/23/2021 Fire Station No. 5 (CIP 21-04)
Project Location Map
Item Title: 10.7
Notice of Completion and Acceptance for the New Quail Valley Fire Station No. 5 Project Item Page Number: 3

Menifee Mayor and City Council
September 3, 2025
Page
226 of 321

4 8
8 3
3 Recording Requested By:

CITY OF MENIFEE
After Recording Mail To:

CITY CLERK

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

NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
NEW QUAIL VALLEY FIRE STATION No. 5 PROJECT, CIP 21-04
Notice is hereby given that:

Work of improvements on the project herein described was accepted as complete on September 3, 2025. The project consisted in the construction of a 9,000 square foot fire facility, site improvements, and installation of a traffic signal along Goetz Road just south of Vista Way. The project was completed in the city right-of-way in the City of Menifee, County of Riverside, State of California.

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

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

3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:
29745 GOETZ ROAD
MENIFEE, CA 92587

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

ACT-1 CONSTRUCTION, INC.
444 SIXTH ST.

NORCO, CA 92860

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: 10.7
Notice of Completion and Acceptance for the New Quail Valley Fire Station No. 5 Project Item Page Number: 4

Menifee Mayor and City Council
September 3, 2025
Page
227 of 321

Item Title: 10.7
Notice of Completion and Acceptance for the New Quail Valley Fire Station No. 5 Project Item Page Number: 5

Menifee Mayor and City Council
September 3, 2025
Page
228 of 321

Item Title: 10.7
Notice of Completion and Acceptance for the New Quail Valley Fire Station No. 5 Project Item Page Number: 6

Menifee Mayor and City Council
September 3, 2025
Page
229 of 321

Item Title: 10.7
Notice of Completion and Acceptance for the New Quail Valley Fire Station No. 5 Project Item Page Number: 7

Menifee Mayor and City Council
September 3, 2025
Page
230 of 321

Item Title: 10.7
Notice of Completion and Acceptance for the New Quail Valley Fire Station No. 5 Project Item Page Number: 8

Menifee Mayor and City Council
September 3, 2025
Page
231 of 321

Item Title: 10.7
Notice of Completion and Acceptance for the New Quail Valley Fire Station No. 5 Project Item Page Number: 9

Menifee Mayor and City Council
September 3, 2025
Page
232 of 321

CITY OF MENIFEE
SUBJECT: First Reading and Introduction of an Ordinance for Annexation No. 28, Nova Power, into Community Facilities District 2017- 1, Maintenance Services
MEETING DATE: September 3, 2025
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution calling an election to annex territory, including Assessor’s Parcel No. 331- 180-025 (formerly APN 331-180-022), associated with PLN 22-0154, Nova Power, located east of Antelope Road, north of McLaughlin Road, southwest of Matthews Road, and south of State Route 74, into City of Menifee Community Facilities District (CFD) No. 2017-1 (Maintenance Services) and to levy a special tax on that land; and

2. Hold a special landowner election and canvass the election; and

3. Adopt a resolution declaring results of special landowner election; and

4. Introduce an ordinance amending Ordinance No. 2017-231 and levying and apportioning the special tax in CFD 2017-1.

DISCUSSION
On July 16, 2025, the City Council adopted Resolution No. 25-1607, declaring its intent to annex territory to CFD No. 2017-1 and commence the annexation proceedings for the territory to be annexed, also known as Annexation No. 28. The next steps in the annexation proceedings are to hold a public hearing on September 3, 2025, to conduct an election for the landowners and to declare the results of that election. Notice of the public hearing was published in the Press Enterprise and mailed to the property owner in accordance with the Mello-Roos Act.

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 1

Menifee Mayor and City Council
September 3, 2025
Page
233 of 321

City of Menifee Staff Report
CFD2017-1 Annex No. 28 Nova Power
September 3, 2025

2 7
9 0
The area within Annexation No. 28 is included in PLN 22-0154 (APN 331-180-025) and is approximately a 43.14 gross-acre lot with a pre-existing energy generation plant within the City.

The property is located east of Antelope Road, north of McLaughlin Road, southwest of Matthews Road, and south of State Route 74, as shown in the attached Project Location Map. The proposed maintenance services would include items such as landscaping, lighting, streets, and drainage.

Per the request of the Owner, the City would establish a rate and method of apportionment and authorize the levy of special taxes on the taxable property within Annexation No. 28 to pay for those services.

Annexation No. 28 would have a maximum annual tax of $820 per acre and would be included in CFD No. 2017-1 as “Tax Zone 28.” The maximum annual tax rate would escalate each year at the greater of the Consumer Price Index (CPI) or 2%. The attached CFD Maintenance Site Plan Exhibit illustrates which services would be maintained through the CFD.

The Owner submitted "Consent and Waiver" on file in the City Clerk's Office to:
hold the election and declare election results; and
consent to the shortening of election time requirements; and waive analysis and arguments; and
waive all notice requirements relating to the conduct of the election immediately following the public hearing.

A copy of the boundary map entitled "Annexation Map No. 28, Community Facilities District No. 2017-1 (Maintenance Services)" was recorded on July 23, 2025, in Book 96 of Maps of Assessment and Community Facilities Districts at Page 75, in the office of the Riverside County Recorder. Annexing the parcel into CFD No. 2017-1 would cover the costs of maintenance of certain public improvements associated with the development.

STRATEGIC PLAN OBJECTIVE
Thriving Economy

FISCAL IMPACT
The individual property owners in the CFD would be responsible for annual payments of special taxes. Upon full completion of the tract development, there would be an annual collection of Special Tax revenues of approximately $30,070, to be used to pay for maintenance costs.

On June 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD would be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.

All costs associated with annexation into the CFD have been borne by the Owners. By annexing into the CFD, the costs of maintaining improvements located within the development would be Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 2

Menifee Mayor and City Council
September 3, 2025
Page
234 of 321

City of Menifee Staff Report
CFD2017-1 Annex No. 28 Nova Power
September 3, 2025

2 7
9 0
financed through special taxes levied on the parcels within CFD No. 2017-1 and not through the City’s General Fund.

ATTACHMENTS

1. Project Location Map

2. Resolution Calling the Election

3. Resolution Declaring Election Results

4. Certificate of Registered Voters

5. Ordinance

6. Signed Petition, Waiver and Consent for Annexation

7. Maintenance Site Plan Exhibit
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 3

Menifee Mayor and City Council
September 3, 2025
Page
235 of 321

HARRISON
AVE

ETHANAC RD

MCLAUGHLIN RD

ANTELOPE
RD

MATTHEWS

RDSHERMAN
RD

TRADE WINDS DR

AIRSTREAM WAY

BISHOP LN

MONROE AVE
DAW
SON
RD

JACKSON
AVE

JUNIPERO
RD

RUSSELL
RD
·|}þ74
^_

MENIFEE
RD

ETHANAC RD

SHERMAN
RD

MURRIETA
RD

MCLAUGHLIN RD

OREGONPL

JUNO ST

MONUM ENT PKWY

SUNCITYBLVD
CANNON
DR
VALLEY
BLVD
CASAB

ONITA AVE

GOLDENROD AVE
GEARY
ST

ALD ERGATE DR
EASTDR

JUNIPERO RD

ASPEL RD

BARNETT RD
§¨¦215

CHAMBERS AVE
VELADR

POTOMAC DR

LUPIN PL LASFLORES DR
(MAINTENANCE SERVICES)
ANNEXATION NO. 28

PROJECT MAP
Item Title: 11.1
First Reading and Introduction of an Ordinance for Annexation No. 28, Nova Power, into Community Facilities District 2017-1, Maintenance Services Item Page Number: 4

Menifee Mayor and City Council
September 3, 2025
Page
236 of 321

1 RESOLUTION NO. 25-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA ,

CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE

QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 201 7-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 28), PLN 22-0 154 (APN 331-1 80-025, FORMERLY APN 331-180-022)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 ( “Act”), on December 6, 2017, the City Council ( “City Council”) of the City of Menifee (the “City”) approved Resolution No. 17- 658 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California ( “CFD No. 2017-1”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services ( “Services”) which a re necessary to meet increas ed demands placed upon the City as a result of the development of said parcels; and
WHEREAS, the City Council called a special election for December 6, 2017, at which the questions of levying a special tax and establishing an appropriations limit with respect to CFD No. 2017- 1 were submitted to the qualified electors within CFD No. 2017-1; and WHEREAS, at a special election held on December 6, 2017, more than two-thirds (⅔) of all votes cast were cast in favor of the levy of a special tax and the establishment of an appropriations limit , as determined by the City Council in Resolution No. 17-658, which was duly adopted on December 6, 2017; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council July 16, 2025, duly adopted Resolution No. 25-1607 (“Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2017-1 and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for September 3, 2025; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled “Annexation Map No. 28, Community Facilities District No. 2017-1 (Maintenance Services)” a copy of which was recorded, on July 23, 2025, in Book 96 of Maps of Assessment and Community Facilities Districts at Page 75, in the office of the Riverside County Recorder; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on September 3, 2025, not earlier than the hour of 6:00 p.m. at the City Hall located at 29844 Haun Road, Menifee, California 92586, at which hearing all interested persons were given the opportunity to appear and be heard on the proposed annexation of said territory to the CFD No. 2017-1 and the levy of special taxes within said territory proposed to be annexed. If and to the extent participation in the September 3, 2025 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating in the meeting were posted on the Agenda for said meeting, which was posted at least 72 hours prior to the meeting on the City of Menifee (www.cityofmenifee.us), and outside of City Hall at 29844 Haun Road, Menifee, California 92586. A copy Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 5

Menifee Mayor and City Council
September 3, 2025
Page
237 of 321

Resolution Calling an Election Annex 28
2 of the Agenda will be made available upon request to the Menifee City Clerk's office at 951- 723-3471; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No. 2017-1, or by fifty percent (50%) or more of the registered voters residing within the territory proposed to be annexed, or by the owners of one-half (½) or more of the area within the CFD No. 2017- 1, or by the owners of one -half (½) or more of the territory proposed to be annexed; and
WHEREAS, the City Council has determined that there are fewer than twelve (12) registered voters residing in the territory proposed to be annexed to the CFD No. 2017- 1 and that the qualified electors in such territory are the landowners; and
WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2017-1 and the levying of a special tax as described in Exhibit A attached hereto; and
WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2017- 1 consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements , and waiving word limit requirements for the ballot relating to the conduct of the election; and WHEREAS, the City Clerk has concurred with the election date set forth herein.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California acting as the legislative body of Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, determine and order as follows:

Section 1. Recitals. The foregoing recitals are true and correct.

Section 2. Confirmation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

Section 3. Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2017-1 and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.

Section 4. Findings Regarding Prior Proceedings . The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to the CFD No. 2017-1 are valid and in conformity with the requirements of the Act.

Section 5. Levy of Special Tax . As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to the CFD No. 2017- 1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2017-1, will be levied annually in CFD No. 2017-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit A hereto.

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 6

Menifee Mayor and City Council
September 3, 2025
Page
238 of 321

Resolution Calling an Election Annex 28
3 Section 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.

Section 7. Tax Roll Preparation. The office of the Public Works Director, 29844 Haun Road, Menifee, California 92586, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax lev ies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents.

Section 8. Accountability Measures. Pursuant to Government Code section 50075.1, the City shall create a separate account into which special tax proceeds will be deposited; and the Public Works Director annually shall prepare and file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in the CFD No. 2017-1.

Section 9. Special Election; Voting Procedures . The City Council hereby submits the question of levying the special tax within the territory proposed to be annexed to the qualified electors of the territory proposed to be annexed, in accordance with and pursuant to the Act. The special election shall be held on September 3, 2025, and shall be conducted as follows:
(A). Qualified Electors . The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the territory proposed to be annexed into CFD No. 2017-

1. Because fewer than twelve registered voters reside within the territory proposed to be annexed to the CFD No. 2017-1 on July 2, 2025 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to the CFD No. 2017- 1), the quali fied electors shall be the landowners within the territory proposed to be annexed to the CFD No. 2017-1, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to the CFD No. 2017-1. (B). Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for the CFD No. 2017-1 shall be consolidated, and the two propositions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(C). Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to the CFD No. 2017-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit B. The full text of the ballot for said elections shall be set forth in Exhibit C and shall be included in the ballot pamphlet mailed to each qualified elector. (D). Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 6:00 p.m. on September 3, 2025. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 7

Menifee Mayor and City Council
September 3, 2025
Page
239 of 321

Resolution Calling an Election Annex 28
4 (E). Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on September 3, 2025, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election. (F). Declaration of Results . The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.

Section 10. General Authorization with Respect to the Election. The officers, employees, and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof. All actions heretofore taken by the officers, employees, and agents of the City that are in conformity with the purposes and intent of this Resolution are hereby ratified, confirmed, and approved in all respects.

Section 11. Filing of Resolution and Map with City Clerk . The City Council hereby directs the Cit y Clerk to file a copy of this R esolution and the annexation map of the boundaries of CFD No. 2017-1 in his/her office.

Section 12. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 3rd day of September 2025

___________________________
Ricky Estrada, Mayor

Attest:

___________________________
Stephanie Roseen, City Clerk
Approved as to form:

___________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 8

Menifee Mayor and City Council
September 3, 2025
Page
240 of 321

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

OF THE CITY OF MENIFEE
A
Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2017-1 (Maintenance Services) (the “CFD No. 2017-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 201 8, in an amount determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of CFD No. 2017-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2017-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. D

EFINITIONS
“
Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“
Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2017 -1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2017 -1, or any designee thereof associated with fulfilling the CFD No. 2017-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2017-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of City overhead and salaries and benefits of any City employees whose duties are related to the administration of CFD No. 2017-1 and third party expenses related to CFD No. 2017-1. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2017 -1 for any other admin istrative purposes of CFD No. 2017-1 , including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“
Administrator” means the City Manager of the City of Menifee, or his or her designee. “
Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in which the special tax is being levied.
“
Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside.
“
Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“
Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
“
Building Square Footage” or “BSF” means the floor area square footage reflected on the original

EXHIBIT A
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 9

Menifee Mayor and City Council
September 3, 2025
Page
241 of 321

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 2 construction building permit issued for construction of a building of Non -Residential Property and any Building Square Footage subsequently added to a building of such Non -Residential Property after issuance of a building permit for expansion or renovation of such building. “
Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“C
FD” or “CFD No. 2017 -1” means the City of Menifee Community Facilities District No. 2017 -1 (Maintenance Services).
“
City” means the City of Menifee.
“
Contingent Services” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017-1 as set forth in the documents adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determination pursuant to Section C(2) that a Property Owners’ Association fails to adequately provide such services.
“
County” means the County of Riverside.
“
Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.
“
Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“
Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “
Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“
Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied. “
Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“
Maximum Special Tax A” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax A, as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.
“
Maximum Special Tax B (Contingent) ” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax B (Contingent) , as determin ed in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 10

Menifee Mayor and City Council
September 3, 2025
Page
242 of 321

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 3 “Multi-Family Residential Property” or “MFR” means any Assessor’s Parcel of Residential Property upon which a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit are constructed or are intended to be constructed. “
Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non -residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
“
Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “
Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undevelope d Property.
“
Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “
Residential Property” means all Assessor’s Parcels of Taxable Property upon which Residential Units have been constructed or are intended to be constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “
Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2017 -1 as set forth in the documents adopted by the City Council at the time the CFD was formed as identified in Appendix B. “
Single Family Residential Property” or “SFR” means any Residential Property other than Multi-Family Residential Property on an Assessor’s Parcel.
“
Special Tax(es)” means the Special Tax A or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“
Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "
Special Tax A Requirement" means for each Tax Zone that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of such Tax Zone within CFD No. 2017-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for th e costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
“Special Tax B (Contingent)” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax B (Contingent) Requirement, if required.

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 11

Menifee Mayor and City Council
September 3, 2025
Page
243 of 321

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 4 “Special Tax B (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. "
Taxable Property" means all Assessor’s Parcels within CFD No. 2017-1, which are not Exempt Property. “
Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2017-1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"
Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "
Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“
Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B
. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2017 -1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non -Residential Property. Residential Property shall be further classified as Single Family Residential Property or Mult i- Family Residential Property and the number of Residential Units shall be determined by the Administrator.

C
. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or sh own on the building permit(s) issued or Final Map as determined by the Administrator. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel , the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Un its by the Maximum Special Tax per Residential Unit for the Tax Zone below or as included in Appendix A as each annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 12

Menifee Mayor and City Council
September 3, 2025
Page
244 of 321

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 5 Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable Tax Zone below or as included in Appendix A as each annexation occurs.

1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 1 below:

TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299-1
& PM 9504
Single Family Residential Property RU $158
Multi-Family Residential Property RU $158
Non-Residential Property Acre $1,714
(ii) I
ncrease in the Maximum Special Tax A
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) M
ultiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Us
e Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use a s determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. A
pproved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017 -1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 2 below:

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 13

Menifee Mayor and City Council
September 3, 2025
Page
245 of 321

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 6 TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 36299-1
& PM 9504
Single Family Residential Property RU $158
Multi-Family Residential Property RU $158
Non-Residential Property Acre $1,714
On each July 1, commencing on July 1, 2019 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. U
ndeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017 -1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 36299-1
& PM 9504 Acre $1,515
O
n each July 1, commencing on July 1, 201 9 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

2. Sp
ecial Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. D
eveloped Property
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 14

Menifee Mayor and City Council
September 3, 2025
Page
246 of 321

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 7 (
i) Maximum Special Tax B (Contingent)
Th e Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017 -1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is
identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299-1
& PM 9504
Single Family Residential Property RU $0
Multi-Family Residential Property RU $0
Non-Residential Property Acre $0
(ii) Increase in the Maximum Special Tax B (Contingent) O n each July 1, commencing on July 1, 201 9 the Maximum Special Tax B (Contingent) for D
eveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (
iii) Multiple Land Use Categories
I n some instances , an Assessor's Parcel of Developed Property may contain more than one Land Use Cate gory. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acrea ge desi gnated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b
. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017 - 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 5 below:

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 15

Menifee Mayor and City Council
September 3, 2025
Page
247 of 321

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 8 TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax B
(Contingent)
1 TR 36299-1
& PM 9504
Single Family Residential Property RU $0
Multi-Family Residential Property RU $0
Non-Residential Property Acre $0
On each July 1, commencing on July 1, 2019 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. U
ndeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2017- 1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2018-19 within Tax Zone 1 is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 36299-1
& PM 9504 Acre $0
O
n each July 1, commencing on July 1, 201 9 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) b
y two percent (2.0%), whichever is greater.

D. M

ETHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2018-19 and for each following Fiscal Year, the City Council shall determine the Special Tax A Requirement for each Tax Zone and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax A equals the Special Tax A Requirement for such Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:

F
irst: The S pecial Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement; S
econd: I f additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 16

Menifee Mayor and City Council
September 3, 2025
Page
248 of 321

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 9 Property at up to 100% of the Maximum Special Tax A for Approved Property;

Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property.

2. Special Tax B (Contingent)
Commencing with the first Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council s hall determine the Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property within such Tax Zone until the a ggregate amount of Special Tax B (Contingent) equals the Special Tax B (Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) shall be levied for each Fiscal Year as follows:

First: The S pecial Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Special Tax B (Contingent) Requirement;

Second: If additional moneys are needed to satisfy the Special Tax B (Contingent) Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;

Third: If additional monies are needed to satisfy the Special Tax B (Contingent) Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2017-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services to such properties . Based on this analysis, any properties to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned the appropriate Maximum Special Tax rates for the Tax Zone when annexed and included in Appendix A.

F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.

For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2017-1, all Assessor’s; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which are in use in the performance of a public function as determined by the Administrator.

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 17

Menifee Mayor and City Council
September 3, 2025
Page
249 of 321

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 10 H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator of CFD No. 2017-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

I. M

ANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2017 -1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 18

Menifee Mayor and City Council
September 3, 2025
Page
250 of 321

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 11 APPENDIX A

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2025-26. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2017-1 Tax Zone 28.

TAX ZONE 28 (SERVICES)
PLN 22-0154
Item Description Estimated Cost
1 Landscaping $5,761
2 Lighting $2,162
3 Streets $13,390
4 Drainage $3,632
5 Reserves $3,742
6 Administration $1,383
Total $30,070
Special Tax B Contingent Services – There are no maintenance services proposed to be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2017-1 Tax Zone 28.

TAX ZONE 28
FY 2025-26 MAXIMUM SPECIAL TAX RATES
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Developed Acre $820 $0
Approved Acre $820 $0
Undeveloped Acre $820 $0
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 19

Menifee Mayor and City Council
September 3, 2025
Page
251 of 321

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 12 MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE
Tax
Zone
Fiscal
Year
Included
Tract/
APN
No. of
Taxable
Units
Land Use
Category
Taxable
Unit
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent) Subdivider
1 2018-19 36299-1 &
PM 9504
426 SFR RU $158 $0 Stark Menifee Land, LLC
548 MFR RU $158 $0 Stark Menifee Land, LLC &
Menifee Multifamily, LLC

27.68 NR Acre $1,714 $0 Several
2 2020-21 TR 37576 65 SFR RU $539 $43 Meritage Homes
3 2020-21 TR 28859 161 SFR RU $727 $0 Woodside O5S
4 2020-21 TTM 31098 258 SFR RU $878 $0 Lennar Homes of
California, Inc.
5 2020-21 TTM 36852 68 SFR RU $755 $151 Strata Holland, LLC 6 2021-22 TTM 37668 175 SFR RU $765 $295 Meritage Homes of California, Inc.
7 2022-23 TTM 31456 176 SFR RU $996 $0 RCFC Investments, LLC 8 2021-22 TR 32102 &
TR 32102-1 256 SFR RU $674 $0
Diamond Brother Five
Partnership, LP and Pulte
Home Company, LLC
9 2021-22 TTM 37400 174 SFR RU $703 $0 D.R. Horton Los Angeles Holding Company, Inc.
10 2022-23 TPM 37380 3.62 NR Acre $3,588 $1,646 Briggs & 74, LLC 11 2024-25 TR 31194 552 SFR RU $913 $0 Golden Meadowland, LLC & Golden Hill Country, LLC
12 2022-23 TR 37408 &
TR 37409 1,022 SFR RU $963 $5 BLC Fleming LLC
13 2022-23 TR 36803 80 SFR RU $556 $171 FPG Sun Menifee 80 LLC 14 2022-23 TR 32628 303 SFR RU $281 $45 FPG Tricon Menifee Property LLC
15 2022-23 PLN 20-0167 9.92 MFR/NR Acre $3,865 $2,375 Boulders Menifee LLC 16 2022-23 LLA 17-007 12.48 MFR Acre $3,273 $2,119 Jefferson Menifee, LLC 17 2023-24 PM 37145 4.82 NR Acre $3,137 $0 VSK Investments, LLC 18 2023-24 TR 37131 305 SFR RU $533 $38 AG EHC II (LEN) CA 1, LP 19 2023-24 PLN 22-0199 0.96 NR Acre $2,995 $0 DSMD Cajun Properties 20 To Be Determined
21 2024-25 TR 38219 198 SFR RU $315 $71 Richmond American Homes of Maryland Inc.
22A 2023-24 TR 36658-1,
-3, -4, & -7 393 SFR RU $1,086 $100 Pulte Home Company, LLC 22B 2023-24 TR 36658-2 116 SFR RU $879 $100 Pulte Home Company, LLC 22C 2023-24 TR 36658-5
& 36658-6 247 SFR RU $879 $100 Pulte Home Company, LLC
23 2024-25 TR 37671 182 SFR RU $1,293 $0 Pulte Home Company, LLC 24 CANCELED
25 TO BE DETERMINED
26 2024-25 TTM 38126 96 SFR RU $1,239 $0
Richmond American
Homes of Maryland, Inc.,
a Maryland corporation
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 20

Menifee Mayor and City Council
September 3, 2025
Page
252 of 321

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 13 Tax
Zone
Fiscal
Year
Included
Tract/
APN
No. of
Taxable
Units
Land Use
Category
Taxable
Unit
Maximum
Special Tax
A
Maximum
Special Tax B
(Contingent) Subdivider
27 2024-25 333-0 40- 045,
333-0 40- 046 1.89 NR Acre $5,016 $1,002
KA Menifee, LLC, Capital
Financial Group, Inc.

Defined Benefit Pension
Plan, Kaassi International,
Inc. Defined Benefit
Pension Plan, KZA Inc.

Defined Benefit Pension
Plan.
28 2025-26 PLN 22-0154 43.14 NR Acre $820 $0 Nova Power, LLC 29 2024-25 TR 38346 162 MFR RU $274 $65 Lennar Homes of California, LLC
E

SCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 20 19 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 21

Menifee Mayor and City Council
September 3, 2025
Page
253 of 321

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 14 APPENDIX B
C

ITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES
Th
e services which may be funded with proceeds of the special tax of CFD No. 2017-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right -of-way, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) m
aintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (
b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements within flood control channel improvements; and (c) p
ublic street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017-1; and any portions adjacent to the properties within CFD No. 2017-1; and
I
n addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

The above services may be financed by proceeds of the special tax of CFD No. 2017-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created or those provided in the territory annexed to CFD No. 2017-1 before the territory was annexed, as applicable.

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 22

Menifee Mayor and City Council
September 3, 2025
Page
254 of 321

City of Menifee
Community Facilities District No. 2017-1 (Maintenance Services) 15 APPENDIX C

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

PROPOSED BOUNDARIES
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 23

Menifee Mayor and City Council
September 3, 2025
Page
255 of 321

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 24

Menifee Mayor and City Council
September 3, 2025
Page
256 of 321

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 25

Menifee Mayor and City Council
September 3, 2025
Page
257 of 321

CITY OF MENIFEE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 28
(Sept
ember 3, 2025)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1”) of the City of Menifee:

Name of Landowner Number of Acres Owned Total Votes
Nova Power, LLC 43.14 44
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Menifee (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This
special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 2017-1, City of Menifee, County of Riverside, State of California. Please advise the City Clerk, at (951) 672-6777 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels.

This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Ma
il
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than August 20, 2025, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on September 3, 2025, at the Clerk’s office at 29844 Haun Road, City of Menifee, CA 92586.

How
ever delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 3, 2025.

Ver
y truly yours,
St
ephanie Roseen
City Clerk
City of Menifee

EXHIBIT B
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 26

Menifee Mayor and City Council
September 3, 2025
Page
258 of 321

TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):

Nova Power, LLC
Attn: Jeff Koshkin
3003 Oak Road, Suite 400
Walnut Creek, CA 94597
331-180-025 (Formerly APN 331-180-022)

CITY OF MENIFEE

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR
“NO” WITH AN “X”:

Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates set forth in the following table:

Land Use
Category
Maximum
Special Tax A
Non-Residential $820
plus an annual increase on each July 1, commencing on July 1, 2026 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 28 of Community Facilities District No. 2017 -1 (Maintenance Services) C ity of Menifee” including landscaping, lighting, streets, and drainage as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 25-1607 adopted by the City Council of the City of Menifee on July 16, 2025 (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above- named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on ____________, 20__.

Jeff Koshkin
Vice President
Signature
Print Name
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 27

Menifee Mayor and City Council
September 3, 2025
Page
259 of 321

FULL TEXT OF PROPOSITION

SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A

SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 28) September 3, 2025
SPECIAL TAX BALLOT MEASURE: Shall the City Council of the City of Menifee be authorized to levy a special tax on an annual basis at the rates set forth in the following table:

Land Use
Category
Maximum
Special Tax A
Non-Residential $820
plus an annual increase on each July 1, commencing on July 1, 2026 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 28 of Community Facilities District No. 2017-1 (Maintenance Services) City of Menifee” including landscaping, lighting, streets, and drainage as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 25-1607 adopted by the City Council of the City of Menifee on July 16, 2025 (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2017-1 (Maintenance Services) in the amount of special taxes collected?

EXHIBIT C
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 28

Menifee Mayor and City Council
September 3, 2025
Page
260 of 321

1 RESOLUTION NO. 25-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA ,

DECLARING ELECTION RESULTS OF THE SPECIAL ELECTION HELD ON SEPTEMBER 3 , 2025, AND ORDERING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2017 -1 (MAINTENANCE SERVICES) (ANNEXATION NO. 28), PLN 22-0 154 (A PN 331-180-025, FORMERLY APN 331-180-022)
W
HEREAS, the City Council (the “City Council”) of the City of Menifee (the “City”) has heretofore conducted proceedings, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), for the area proposed to be annexed to Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the “CFD No. 2017- 1”), including conducting a public hearing pursuant to the Act; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for September 3, 2025, and submitting to the qualified electors of the territory proposed to be annexed to the CFD No. 2017-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property, as provided in the form o f the special election ballot attached thereto as Exhibit B; and WHEREAS, the special election was held on September 3, 2025 , and the City Clerk (or, in the absence of the City Clerk, the City Clerk – in either case, the “Clerk”) has duly canvassed the returns of the special election and has filed with the City Council a Certificate of Election Results, dated September 3, 2025, executed by the Clerk, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:

Section 1. Recitals. The City Council finds and determines that the foregoing recitals are true and correct.

Section 2. Approval of Canvass. The City Council has received, reviewed, and hereby accepts the Clerk’s Certificate of Election Results, a copy of which is attached hereto as Exhibit A, and hereby ratifies, confirms, and approves said Certificate of Election Results.

Section 3. Ballot Measure. The City Council hereby finds, determines, and declares that more than two-thirds (⅔) of all the votes cast at the special election on the ballot measure were in favor of the ballot measure, the ballot measure passed, and the ballot measure was approved by the qualified electors in accordance with the Act.

Section 4. Validity of Procedures. The City Council hereby finds and determines that all prior proceedings and actions taken by the City Council pursuant to the Act were and are valid and in conformity with the Act.

Section 5. Annexation. The City Council hereby finds, determines, and declares that pursuant to Government Code section 53339.8, the territory proposed to be annexed is added to and part of the CFD No. 2017- 1 with full legal effect, and the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the annexed territory to pay the costs of the services to be provided by the CFD No. 2017-1 as specified Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 29

Menifee Mayor and City Council
September 3, 2025
Page
261 of 321

Resolution Declaring Election Results Annex 28
2 in Resolution No. 25-1607 adopted by the City Council on July 16, 2025. The boundaries of the annexed territory are shown on the map entitled, “Annexation Map No. 28 Community Facilities District No. 2017 -1 (Maintenance Services)” a copy of which was recorded, on July 23, 2025, in Book 96 of Maps of Assessment and Community Facilities Districts at Page 75, in the office of the Riverside County Recorder.

Section 6. Notice of Special Tax Lien. Pursuant to Government Code section 53339.8 and Streets and Highways Code sections 3114.5 and 3117.5, within fifteen (15) days of the adoption of this Resolution, the City Clerk shall cause to be filed with the County Recorder of the County of Riverside an amendment to the notice of special tax lien and a map of the amended boundaries of the CFD No. 2017-1 including the annexed territory.

Section 7. Effective Date. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 3rd day of September 2025. ___________________________

Ricky Estrada, Mayor
Attest:
___________________________

Stephanie Roseen, City Clerk
Approved as to form:
___________________________

Jeffrey T. Melching, City Attorney
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 30

Menifee Mayor and City Council
September 3, 2025
Page
262 of 321

EXHIBIT A

CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) ANNEXATION NO. 28

CERTIFICATE OF ELECTION RESULTS

I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of Menifee (the “City”) on this same date in the proceedings of the City Council for the above -entitled community facilities district, I personally received (a) signed and dated waiver and consent form s and (b) signed, dated and marked election ballot s on behalf of the property owners, the entities named as the sole landowners of the lands within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated July 2, 2025 and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Tax Zone
Qualified
Landowner Votes Votes Cast YES NO
28 44 44

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on September 3, 2025.

Stephanie Roseen
City Clerk
City of Menifee

By:

(Attach completed copies of Waiver/Consent and Ballot)
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 31

Menifee Mayor and City Council
September 3, 2025
Page
263 of 321

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 32

Menifee Mayor and City Council
September 3, 2025
Page
264 of 321

ORDINANCE NO. 2025-

AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING ORDINANCE NO. 2017-231 AND LEVYING SPECIAL TAXES TO BE
COLLECTED DURING FISCAL YEAR 2025-26 TO PAY THE ANNUAL COSTS

OF THE MAINTENANCE AND SERVICING OF STREET LIGHTS, PARKS,

PARKWAYS, STREETS, ROADS, AND OPEN SPACE, THE OPERATION AND

MAINTENANCE OF STORM DRAINAGE SYSTEMS, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH
RESPECT TO CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 28)
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on December 6, 2017, the City Council (the “City Council”) of the City of Menifee (the “City”) adopted Resolution No. 17-658 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017-1") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the “Services”), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and WHEREAS, on December 20, 2017, the City Council adopted Ordinance No. 2017-231 entitled, “An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2018-19 to Pay the Annual Costs of the Maintenance and Servicing of Street Lights, Parks, Parkways, Streets, Roads, and Open Space, the Operation and Maintenance of Storm Drainage Systems, a Reserve Fund for Capital Replacement, and Administrative Expenses with Respect to City of Menifee Community Facilities District No. 2017-1 (Maintenance Services)” (“Ordinance No. 2017-231”), pursuant to which the City Council levied special taxes with the CFD No. 2017-1; and WHEREAS, on July 16, 2025, the City Council adopted Resolution No. 25-1607 entitled “A Resolution of the City Council of the City of Menifee Declaring Its Intention to Annex Territory to Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, Adopting a Map of the Area to be Proposed to be Annexed (Annexation No. 28) and Authorizing the Levy of a Special Taxes Therein” (the “Resolution of Intention”) declaring its intention to annex certain territory to the CFD No. 2017-1 and to levy special taxes within that territory to provide the Services as described in the Resolution of Intention and setting a special public hearing on the proposed annexation for September 3, 2025; and
WHEREAS, notice was published as required by the Act relative to the intention of the City Council to annex certain territory to the CFD No. 2017-1, to levy special taxes therein to provide the Services, and to set the time and place of said public hearing; and WHEREAS, on September 3, 2025, at the time and place specified in said published notice, the City Council opened and held a public hearing as required by the Act relative to the annexation of territory into the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services by the CFD No. 2017-1; and
WHEREAS, at said public hearing all persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services therein were heard, and a full and fair hearing was held; and
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 33

Menifee Mayor and City Council
September 3, 2025
Page
265 of 321

5 1
0 2
8 WHEREAS, subsequent to said public hearing, the City Council adopted Resolution No. 25-___ entitled “A Resolution of the City Council of the City of Menifee Calling an Election to Submit to the Qualified Electors the Question of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No. 2017-1 (Maintenance Services) (Annexation No. 28)” (the “Resolution Calling the Election”) on September 3, 2025, wherein the City Council submitted the question of levying a special tax in territory proposed to be annexed to the CFD No. 2017-1 at the rate and according to the method of apportionment described therein; and WHEREAS, at said special election on September 3, 2025, the qualified electors of the territory proposed to be annexed to the CFD No. 2017-1 approved said propositions as described in the Resolution Calling the Special Election by more than the two-thirds vote required by the Act; and
WHEREAS, subsequent to said special election, the City Council adopted Resolution No. 25-___ entitled “A Resolution of the City Council of the City of Menifee Declaring the Results of the Special Election Held on September 3, 2025, and Ordering the Annexation of Territory to Community Facilities District No. 2017-1 (Maintenance Services) (Annexation No. 28)” wherein the City Council determined that the territory proposed to be annexed was added to the CFD No. 2017-1 (such territory being referred to herein as “Annexation No. 28”).

NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:

Section 1.Recitals. The foregoing recitals are true and correct.

Section 2.Amendment to Exhibit B of Ordinance No. 2017-231. Exhibit B of Ordinance No. 2017-231 is hereby amended by deleting it in its entirety and replacing it with Revised Exhibit B attached hereto.

Section 3.Amendment to Section 2 of Ordinance No. 2017-231. Section 2 of Ordinance No. 2017-231 is hereby amended by deleting it in its entirety and replacing it with the following:

Section 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2025-26, and each Fiscal Year thereafter, on all parcels of real property within the Community Facilities District which are subject to taxation, which are identified in Revised Exhibit B attached hereto, and in the amount set forth for each such parcel in said Revised Exhibit B.

Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.

Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 34

Menifee Mayor and City Council
September 3, 2025
Page
266 of 321

5 1
0 2
8 Section 5.Effective Date. This ordinance shall take effect thirty (30) days from the date of its adoption.

Section 6.Notice of Adoption. The City Clerk shall certify to the passage and adoption of this ordinance, and shall cause to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c).

This ordinance was introduced and read on the 3rd day of September 2025 and APPROVED AND ADOPTED this 17th day of September 2025.
___________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 35

Menifee Mayor and City Council
September 3, 2025
Page
267 of 321

5 1
0 2
8 EXHIBIT A

DESCRIPTION OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (and may include reserves for replacement) in public street right-of- ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services include the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities.

Maintenance services may include, but are not limited to, the repair, removal or replacement of all or part of any of the water quality improvements; fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff or appurtenant facilities; clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing, or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017- 1; and any portions adjacent to the properties within CFD No. 2017-1.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to the Resolution of Intention (Resolution No. 23-1273).

The above services shall be limited to those provided within the boundaries of CFD No. 2017-1 or for the benefit of the properties within the boundaries of CFD No. 2017-1, as the boundary is expanded from time to time by annexations, and said services may be financed by proceeds of the special tax of CFD No. 2017-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created.

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 36

Menifee Mayor and City Council
September 3, 2025
Page
268 of 321

5 REVISED EXHIBIT B
(Amending and Replacing Exhibit B of Ordinance No. 2017-231) COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2024-25
(Effective as of September 3, 2025)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Stark Menifee Land, LLC
Stark Menifee Land, LLC & Menifee
Multifamily, LLC
Original
Formation
Several
See Next Page
1 MLC Holdings 360-210-001
2 Woodside O5S See Next Page
3 To Be Determined
4 Lennar Homes of California, Inc. See Next Page
5 Forester Real Estate Group Inc. 372-040-043,
372-040-044
6 Meritage Homes of California, Inc. 372-160-006, -007, -008, -013 and 372-190-003
7 RCFC Investments, LLC 339-020-004, -005, -006, -007, -008, -040, -041, -042, -043 and 339-030-022
8 Pulte Home Company, LLC and
Diamond Brother Five Partnership, LP
340-050-034,
340-050-032
9 D.R. Horton Los Angeles Holding
Company, Inc. See Next Page
10 Briggs & 74, LLC 327-320-028
11 Golden Meadowland, LLC & Golden Hill
Country, LLC
360-300-011, 360-300-012,
360-300-013, 360-300-014
12 BLC Fleming, LLC 333-020-011,
333-020-019
13 FPG Sun Menifee 80 LLC 360-150-019
14 FPG Tricon Menifee Property LLC 372-050-037, -038, -039, -040, -041, -042
15 Boulders Menifee LLC 339-200-080
16 Jefferson Menifee LLC 364-070-051
17 VSK Investments, LLC 329-020-009,
329-020-022
18 AH EHC CA 1 364-190-004,
364-190-005
19 DSMD Cajun Properties 360-020-029
20 To Be Determined
21 Richmond American Homes of
Maryland, Inc., a Maryland corporation
338-150-046,
338-150-031
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 37

Menifee Mayor and City Council
September 3, 2025
Page
269 of 321

Ordinance Annex 28

6 Annexation Owner Assessor's Parcel Numbers
22A Pulte Home Company, LLC See Next Page
22B Pulte Home Company, LLC 335-070-055,
335-430-027
22C Pulte Home Company, LLC 330-220-016, -017 and
330-230-043
23 Pulte Home Company, LLC See Next Page
24 Canceled
25 To Be Determined
26 Richmond American Homes of
Maryland, Inc., a Maryland corporation 330-230-023
27 KA Menifee, LLC, Capital Financial
Group, Inc Defined Benefit Pension Plan,
Kaassi International, Inc. Defined Benefit
Pension Plan, KZA Inc. Defined Benefit
Pension Plan
333-040-045,
333-040-046
28 Nova Power, LLC, a Delaware Limited
Liability Company
331-180-025 (Formerly APN 331-180-
022)
29 Lennar Homes of California, LLC 331-250-028, 331-250-029, 331-250-030
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 38

Menifee Mayor and City Council
September 3, 2025
Page
270 of 321

Ordinance Annex 28

7 REVISED EXHIBIT B (cont.)
(Amending and Replacing Exhibit B of Ordinance No. 2017-231) COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)

ORIGINAL FORMATION

ASSESSOR'S PARCEL NUMBERS
Assessor’s Parcel Numbers
360850024 360861031 360862008 360862050 360870030
360850029 360861032 360862009 360862051 360870031
360850030 360861033 360862010 360862052 360870032
360850031 360861034 360862011 360862053 360870033
360850032 360861035 360862012 360862054 360870034
360860001 360861036 360862013 360862055 360870035
360860017 360861038 360862014 360862056 360870036
360860026 360861039 360862016 360862057 360870037
360860027 360861040 360862017 360862058 360870038
360860028 360861041 360862018 360862059 360870039
360860041 360861042 360862019 360870001 360870040
360861001 360861043 360862020 360870002 360870041
360861002 360861044 360862021 360870003 360870042
360861003 360861045 360862022 360870004 360870043
360861004 360861046 360862023 360870005 360870044
360861005 360861047 360862024 360870006 360870045
360861006 360861048 360862025 360870007 360870046
360861007 360861049 360862026 360870008 360870047
360861008 360861050 360862027 360870009 360870048
360861009 360861051 360862028 360870010 360870049
360861010 360861053 360862029 360870011 360870050
360861012 360861054 360862031 360870012 360870051
360861013 360861055 360862032 360870013 360870052
360861014 360861056 360862033 360870014 360870053
360861015 360861057 360862034 360870015 360870054
360861016 360861058 360862035 360870016 360870055
360861017 360861059 360862036 360870017 360870056
360861018 360861060 360862037 360870018 360870057
360861019 360861061 360862038 360870019 360870058
360861020 360861062 360862039 360870020 360870059
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 39

Menifee Mayor and City Council
September 3, 2025
Page
271 of 321

Ordinance Annex 28

8 Assessor’s Parcel Numbers
360861021 360861063 360862040 360870021 360870060
360861022 360861064 360862041 360870022 360870061
360861023 360862001 360862042 360870023 360870062
360861025 360862002 360862043 360870024 360870063
360861026 360862003 360862044 360870025 360870064
360861027 360862004 360862046 360870026 360870065
360861028 360862005 360862047 360870027 360870066
360861029 360862006 360862048 360870028 360880001
360861030 360862007 360862049 360870029 360880002
360880003 360880042 360971003 360972002 360980014
360880004 360880043 360971004 360972003 360980015
360880005 360880044 360971005 360972004 360980016
360880006 360880045 360971006 360972005 360980017
360880007 360880046 360971007 360972006 360980018
360880008 360880047 360971008 360973001 360980019
360880009 360880048 360971009 360973002 360980020
360880010 360880049 360971010 360973003 360980021
360880011 360880050 360971011 360973004 360980022
360880012 360880051 360971012 360973005 360980023
360880013 360880052 360971013 360973006 360980024
360880014 360880053 360971014 360973007 360980025
360880015 360880054 360971015 360973008 360980026
360880016 360880055 360971016 360973009 360980027
360880017 360880056 360971017 360973010 360980028
360880018 360880057 360971018 360973011 360980029
360880019 360880058 360971019 360973012 360980030
360880020 360880059 360971020 360974001 360980031
360880021 360970001 360971021 360974002 360980032
360880022 360970002 360971022 360974003 360980033
360880023 360970003 360971023 360974004 360980034
360880024 360970004 360971024 360974005 360980035
360880025 360970005 360971025 360974006 360980036
360880026 360970006 360971026 360974007 360980037
360880027 360970007 360971027 360974008 360980038
360880028 360970008 360971028 360974009 360981001
360880029 360970009 360971029 360980001 360981002
360880030 360970010 360971030 360980002 360981003
360880031 360970011 360971031 360980003 360981004
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 40

Menifee Mayor and City Council
September 3, 2025
Page
272 of 321

Ordinance Annex 28

9 Assessor’s Parcel Numbers
360880032 360970012 360971032 360980004 360982001
360880033 360970013 360971033 360980005 360982002
360880034 360970014 360971034 360980006 360982003
360880035 360970015 360971035 360980007 360982004
360880036 360970016 360971036 360980008 360982005
360880037 360970017 360971037 360980009 360982006
360880038 360970018 360971038 360980010 360982007
360880039 360970019 360971039 360980011 360982008
360880040 360971001 360971040 360980012 360982009
360880041 360971002 360972001 360980013 360982010
360982011 364411001 364420019 364422018 364430013
360982012 364411002 364420020 364422019 364430014
360983001 364411003 364420021 364422020 364430015
360983002 364411004 364420022 364422021 364430016
360983003 364411005 364420023 364422022 364431001
360983004 364411006 364420024 364423001 364431002
360983005 364411007 364421001 364423002 364431003
360983006 364411008 364421002 364423003 364431004
360983007 364411009 364421003 364423004 364431005
360983008 364411010 364421004 364423005 364431006
360983009 364411011 364421005 364423006 364431007
360983010 364411012 364421006 364423007 364431008
360983011 364411013 364421007 364423008 364431009
360983012 364411014 364421008 364423009 364431010
364410001 364411015 364421009 364423010 364431011
364410002 364411016 364421010 364423011 364431012
364410003 364411017 364421011 364424001 364431013
364410004 364411018 364422001 364424002 364431014
364410005 364420003 364422002 364424003 364431015
364410006 364420004 364422003 364424004 364431016
364410007 364420005 364422004 364424005 364431017
364410008 364420006 364422005 364424006 364432001
364410009 364420007 364422006 364430001 364432002
364410010 364420008 364422007 364430002 364432003
364410011 364420009 364422008 364430003 364432004
364410012 364420010 364422009 364430004 364432005
364410013 364420011 364422010 364430005 364432006
364410014 364420012 364422011 364430006 364432007
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 41

Menifee Mayor and City Council
September 3, 2025
Page
273 of 321

Ordinance Annex 28

10 Assessor’s Parcel Numbers
364410015 364420013 364422012 364430007 364432008
364410016 364420014 364422013 364430008 364433001
364410017 364420015 364422014 364430009 364433002
364410018 364420016 364422015 364430010 364433003
364410019 364420017 364422016 364430011 364433004
364410020 364420018 364422017 364430012
ANNEXATION NO. 2

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
339020039 339362020 339362021 339362022 339362023 339362024 339362025 339362026 339362027 339500001 339500002 339500003 339500004 339500005 339500006 339500007 339500008 339500009 339500010 339500011 339500012 339500013 339500014 339500015 339500016 339500017 339500018 339500019 339500020 339500021 339500022 339500023 339500024 339500025 339500026 339500027 339500028 339501001 339501002 339501003 339501004 339501005 339502001 339502002 339502003 339502004 339502005 339502006 339510001 339510002 339510003 339510004 339510005 339510006 339510007 339510008 339510009 339510010 339510011 339510012 339511001 339511002 339511003 339511004 339511005 339511006 339511007 339511008 339511009 339511010 339511011 339511012 339511013 339511014 339511015 339511016 339511017 339511018 339511019 339511020 339511021 339511022 339511023 339511024 339511025 339511026 339511027 339511028 339511029 339511030 339511031 339512001 339512002 339512003 339512004 339512005 339512006 339512007 339512008 339512009 339512010 339512011 339512012 339512013 339512014 339520001 339520002 339520003 339520004 339520005 339520006 339520007 339520008 339520009 339520010 339520011 339520012 339520013 339520014 339520015 339520016 339520017 339520018 339520019 339521001 339521002 339521003 339521004 339521005 339521006 339521007 339521008 339521009 339521010 339521011 339521012 339522001 339522002 339522003 339522004 339522005 339522006 339522007 339522008 339522009 339522010 339522011 339522012 339522013 339522014 339522015 339522016 339522017 339522018 339522019 339522020 339522021 339522022 339522023 339522024 339522025 339522026 339522027 339522028 339522029
ANNEXATION NO. 4

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
333070069 333070070 333070071 333070075 333070080 333070081 333070082 Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 42

Menifee Mayor and City Council
September 3, 2025
Page
274 of 321

Ordinance Annex 28

11 ANNEXATION NO. 9

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
331080005 331080006 331080007 331080008 331080009 331080010 331080011 331080012 331080018 331080019 331080020 331080021 331080024 331080025 331080027 331080028 ANNEXATION NO. 22A

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
330220018 330220019 330230042 330230044 330230045 335070056 335070057 335070058 335430028 335530001 335530002 335530003 335530004 335530005 335530006 335530007 335530008 335530009 335530010 335531001 335531002 335531003 335531004 335531005 335531006 335531007 335532001 335532002 335532003 335532004 335532005 335532006 335532007 335532008 335532009 335532010 335532011 335532012 335532013 335532014 335532015 335532016 335532017 335532018 335532019 335532020 335532021 335532022 335533001 335533002 335533003 335533004 335533005 335533006 335533007 335533008 335533009 335533010 335533011 335533012 335534001 335534002 335534003 335534004 335534005 335534006 335534007 335534008 335534009 335534010 335534011 335534012 335534013 335534014 335534015 335535001 335535002 335540001 335540002 335540003 335540004 335540005 335540006 335540007 335541001 335541002 335541003 335541004 335541005 335541006 335541007 335541008 335541009 335541010 335541011 335541012 335541013 335541014 335541015 335541016 335541017 335541018 335541019 335542001 335542002 335542003 335542004 335542005 335542006 335542007 335542008 335542009 335542010 335542011 335542012 335542013 335542014 335542015 335542016 335542017 335542018 335542019 335542020 335542021 335542022 335542023 335542024 335542025 335542026 335542027 335542028 335542029 335542030 335543001 335543002 335543003 335543004 335543005 335543006 335543007 335543008 335543009 335543010 335543011 335543012 335543013 335543014 335544001 335544002 335544003 335544004 335544005 335544006 335544007 335544008 335544009 335544010 335544011 335544012 335544013 335544014
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 43

Menifee Mayor and City Council
September 3, 2025
Page
275 of 321

Ordinance Annex 28

12 ANNEXATION NO. 23

ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
340580001 340580035 340590017 340591018 340603012 340610003 340580002 340580036 340590018 340591019 340603013 340610004 340580003 340580037 340590019 340591020 340603014 340610005 340580004 340580038 340590020 340591021 340603015 340610006 340580005 340580039 340590021 340591022 340603016 340610007 340580006 340580040 340590022 340600001 340603017 340610008 340580007 340580041 340590023 340600002 340603018 340610009 340580008 340580042 340590024 340600003 340603019 340610010 340580009 340580043 340590025 340601001 340603020 340610011 340580010 340580044 340590026 340601002 340603021 340610012 340580011 340580045 340590027 340601003 340603022 340610013 340580012 340580046 340590028 340601004 340603023 340610014 340580013 340580047 340590029 340601005 340603024 340610015 340580014 340581001 340590030 340601006 340603025 340610016 340580015 340581002 340590031 340601007 340603026 340610017 340580016 340581003 340590032 340602001 340603027 340610018 340580017 340581004 340590033 340602002 340603028 340610019 340580018 340581005 340591001 340602003 340603029 340610020 340580019 340590001 340591002 340602004 340603030 340610021 340580020 340590002 340591003 340602005 340603031 340610022 340580021 340590003 340591004 340602006 340603032 340610023 340580022 340590004 340591005 340602007 340603033 340610024 340580023 340590005 340591006 340602008 340603034 340610025 340580024 340590006 340591007 340603001 340603035 340610026 340580025 340590007 340591008 340603002 340603036 340610027 340580026 340590008 340591009 340603003 340603037 340610028 340580027 340590009 340591010 340603004 340603038 340610029 340580028 340590010 340591011 340603005 340603039 340610030 340580029 340590011 340591012 340603006 340603040 340610031 340580030 340590012 340591013 340603007 340603041 340610032 340580031 340590013 340591014 340603008 340603042 340610033 340580032 340590014 340591015 340603009 340603043
340580033 340590015 340591016 340603010 340610001
340580034 340590016 340591017 340603011 340610002
Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 44

Menifee Mayor and City Council
September 3, 2025
Page
276 of 321

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 45

Menifee Mayor and City Council
September 3, 2025
Page
277 of 321

Item Title: 11.1
First

Reading

and

Introduction

of

an

Ordinance

for

Annexation

No.

28,

Nova

Power,

into

Community

Facilities

District

2017-1,
Maintenance Services
Item Page Number: 46

Menifee Mayor and City Council
September 3, 2025
Page
278 of 321

Item Title: 11.1
First Reading and Introduction of an Ordinance for Annexation No. 28, Nova Power, into Community Facilities District 2017-1, Maintenance Services Item Page Number: 47

Menifee Mayor and City Council
September 3, 2025
Page
279 of 321

Item Title: 11.1
First Reading and Introduction of an Ordinance for Annexation No. 28, Nova Power, into Community Facilities District 2017-1, Maintenance Services Item Page Number: 48

Menifee Mayor and City Council
September 3, 2025
Page
280 of 321

Item Title: 11.1
First Reading and Introduction of an Ordinance for Annexation No. 28, Nova Power, into Community Facilities District 2017-1, Maintenance Services Item Page Number: 49

Menifee Mayor and City Council
September 3, 2025
Page
281 of 321

Item Title: 11.1
First Reading and Introduction of an Ordinance for Annexation No. 28, Nova Power, into Community Facilities District 2017-1, Maintenance Services Item Page Number: 50

Menifee Mayor and City Council
September 3, 2025
Page
282 of 321

Item Title: 11.1
First Reading and Introduction of an Ordinance for Annexation No. 28, Nova Power, into Community Facilities District 2017-1, Maintenance Services Item Page Number: 51

Menifee Mayor and City Council
September 3, 2025
Page
283 of 321

CITY OF MENIFEE
SUBJECT: Community Facilities District Goals & Policies Amendment MEETING DATE: September 3, 2025
TO: Mayor and City Council
PREPARED BY: Lauri Lockwood, Financial Analyst
REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve the amended City Council Special Assessment and Community Facilities District Goals and Policies (Policy No. CC-20).

DISCUSSION
Community Facilities Districts (CFDs) are authorized through the Mello-Roos Community Facilities Act of 1982, which provides a mechanism to fund public improvements and services. By establishing a CFD, an additional property tax is assessed to fund the specific improvements or services identified when the CFD is formed. The City Council originally approved a policy related to CFDs and debt financing in September 2011 (FN-09, Special Assessment and Community Facilities District Debt Financing Programs). Policy FN-09 was replaced in April 2020 by CC-20, Special Assessment and Community Facilities District Goals and Policies.

As part of the City’s goal to regularly re-evaluate policies to address changes in the business environment, City staff is recommending Policy No. CC-20 be updated. The proposed amendments were presented to the Finance Committee at the July 8, 2025, meeting. The Finance Committee provided feedback and recommended presenting the revised Policy for City Council consideration. The proposed changes of substance include:
Additional Security Requirements for Developments Smaller than 100 Units: The City will analyze on a case-by-case basis whether to offer CFD financing for projects with fewer than 100 units. An additional security in the form of a secondary reserve may be required for these developments at the City’s discretion. This change is proposed because a development of fewer than 100 units can represent a delinquency risk due to each homeowner being responsible for a larger share of the bond debt payment than are Item Title: 12.1
Community Facilities District Goals & Policies Amendment Item Page Number: 1

Menifee Mayor and City Council
September 3, 2025
Page
284 of 321

City of Menifee Staff Report
Policy Amendment – Community Facilities District Goals & Policies September 3, 2025

2 9
0 3
owners in larger communities. An additional security from the developer in the form of the collection of an additional reserve could be used to offset the increased delinquency risk. Bulk Sale of Property for Rental Purposes: The City shall not offer CFD financing for projects that consist of condo or single-family homes where 10% or more of the proposed units are intended for or used as rental property unless the developer receives express advance written approval from the City. This change is proposed in light of the changing development landscape. Recently, the Cimarron Ridge development entered into a contract to sell roughly 20% of the homes in one of its two sections to a real estate investment trust that intended to lease those homes.
Required Deposit for CFD Formation/Changes Costs: Specifying that the developer deposit for CFD formations or change proceedings is $70,000 and authorizing the Chief Financial Officer to increase this required deposit if formation costs rise substantially. This deposit is designed to cover costs the City incurs to pay consultants who work on the CFD formation. Previously, the policy allowed for a deposit ranging from $50,000 to $70,000 based on the development size. The elimination of the lower end of the deposit range is proposed because the majority of the consultants involved in the formation process charge a set fee that does not vary based on the size of the development, so there is no substantial reduction in costs for smaller developments. Proactively Assessing Opportunities to Alleviate Residents’ Debt Burden:

Memorializes the Menifee City Council’s previously verbalized intent to reduce property owners’ debt burden whenever possible by diligently monitoring the economic environment and taking advantage of refunding opportunities when doing so would lead to a reduction in the special assessment paid by property owners. Line of Credit Requirements: Included language authorizing the City Manager and/or the Chief Financial Officer to waive Line of Credit requirements on a case-by-case basis in instances where homes are technically “sold” but not officially closed by the Preliminary Official Statement posting.

STRATEGIC PLAN OBJECTIVE
Regular City Business

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

ATTACHMENTS

1. Special Assessment and CFD Goals and Policies

2. Special Assessment and CFD Goals and Policies – Redline Item Title: 12.1
Community Facilities District Goals & Policies Amendment Item Page Number: 2

Menifee Mayor and City Council
September 3, 2025
Page
285 of 321

4929-4925-4992v3/200299-0000

CITY OF MENIFEE
City Council Policy
Policy Number: CC-20
Approving Authority:

City Council
Effective Date: 9/6/11
Last Modified: __/__/25
Subject
Special Assessment and
Community Facilities District
Goals and Policies
Page | 1

1. PURPOSE
Pursuant to Section 53312.7 of the California Government Code, the City Council of the City of Menifee (hereafter the “City Council”) hereby states its goals and policies concerning the use of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (hereafter the “Mello-Roos Act”) in providing adequate public capital infrastructure, facilities and equipment for the residents of the City of Menifee (the “City”). The following goals and policies shall apply to all community facilities districts (each a “Community Facilities District” or “CFD”) and to all assessment districts (each an “Assessment District” and together with any Community Facilities District, the “Districts” or individually, a “District”) under the improvement acts of 1911, 1913, 1915 and 1972 (the “Improvement Acts”) hereafter formed by the City. Any policy or goal stated herein may be supplemented or amended or deviated from upon a determination by the City Council that such supplement, amendment or deviation is necessary or desirable, and any policy or goal stated herein shall be deemed amended or supplemented in the event, and as of the date, if ever, that such amendment or supplement is required to ensure compliance with the Act or any other laws of the State of California or federal laws of the United States of America.

2. POLICY
The City has developed the following Policies and Procedures on debt financing as guidelines to assist concerned parties in following the City’s approach to special assessment and community facilities district debt financing. It is the City’s goal to support projects that address a public need and provide a public benefit. Proposed projects requesting special assessment or community facility district debt financing will be evaluated to determine if such financing is financially viable, and in the best interest of the City, and current and future City and project residents. These Policies and Procedures are designed to comply with Section 53312.7 of the Government Code.

The City of Menifee will consider developer or property owner initiated applications requesting the formation of community facilities or special assessment districts and the issuance of bonds to finance eligible public facilities and/or public services necessary to serve newly developing residential projects, and may consider commercial and/or industrial projects. The following criteria will be applied to all districts by the City staff with final determination and findings to be made by the City Council:

A. When tax-exempt financing of project public facilities will result in a significant public benefit.

Item Title: 12.1
Community Facilities District Goals & Policies Amendment Item Page Number: 3

Menifee Mayor and City Council
September 3, 2025
Page
286 of 321

City of MenifeePolicy CC-20

Special Assessment and Community Facilities District Goals and Policies 4929-4925-4992v3/200299-0000
B. When a Specific Plan has been adopted on the property or the City has negotiated and executed a Development Agreement addressing project implementation either of which includes requirements to form a District to finance public improvements or services.

C. Each time a District is formed for the benefit of a development project where the maintenance requirements will exceed normal City standards or where such development requires the provision of additional services, the City will require the creation of an alternative financing mechanism to pay for such maintenance requirement or such additional services, including but not limited to annexation to a City maintenance District.

D. Existing neighborhoods may apply to the City for the use of a District to finance local or neighborhood serving facilities. The City will apply applicable provisions of these policies to those financing programs for existing neighborhoods.

E. The City shall make the determination as to whether a proposed District shall proceed under the provisions of the Improvement Acts or the Mello-Roos Act. The City may confer with consultants and the applicant to learn of any unique district requirements such as facilities serving the regional area or long-term development phasing prior to making any final determination.

F. All City and consultant costs incurred in the evaluation of new development district applications and the establishment of districts will be paid by the applicant(s) by advance deposit increments. The City shall not incur any non-reimbursable expense for processing assessment or community facilities districts. Expenses not chargeable to the district shall be borne by the applicant.

G. The City shall not offer CFD financing for projects that consist of condo or single family homes where 10% or more of the proposed units are intended for or used as rental property unless the developer receives express advance written approval from the City. The foregoing restriction shall not apply to multifamily residential or commercial property.

H. The city shall make a determination on whether to offer CFD financing for projects with fewer than 100 units on a case-by-case basis. An additional security in the form of a secondary reserve may be required for these developments at the city’s discretion.

I. With the goal of reducing property owners’ debt burden whenever possible, the Finance Department will diligently monitor the economic environment and take advantage of refunding opportunities when doing so would lead to a reduction in the special assessment paid by property owners.

Item Title: 12.1
Community Facilities District Goals & Policies Amendment Item Page Number: 4

Menifee Mayor and City Council
September 3, 2025
Page
287 of 321

City of MenifeePolicy CC-20

Special Assessment and Community Facilities District Goals and Policies 4929-4925-4992v3/200299-0000

3. FINANCE COMMITTEE
All proposed Districts shall be reviewed by the City Finance staff for adherence to policy prior to being presented to the Finance Committee and City Council. Any variances from policy as well as any other material information will be noted by the Finance staff and reported to the City Council with recommendation for action.

4. RESOURCE CONSULTANTS
Bond Counsel Financial
Advisor Assessment
Engineer Special Tax
Consultant Appraiser
Economist/Market Absorption Specialist
Bond Underwriter
Disclosure Counsel
Fiscal Agent
The City shall have the sole discretion as to selection of consultants and determination of fees and expenses of all consultants necessary for the formation of a Special District and the issuance of bonds. Prior consent of the Proponent(s) shall not be required in the determination by the City of the consulting and financing team. Costs of the Proponent(s) and any costs of consultants working on behalf of the Proponents(s) are not eligible for reimbursement from a future issuance of bonds.

No firm may serve as both design engineer and engineer of work and assessment engineer or special tax consultant on the same project, pursuant to Section 87100 of the Government Code.

5. PROCEDURE
A. ELIGIBLE PUBLIC FACILITIES; PRIORITY
Priority for Community Facilities District financing shall be given to public facilities directly benefiting the City as well as those improvements identified by the City as the most necessary to serve the specific needs of the portion of the City in which the Community Facilities District will be located. The financing of public facilities to be owned and operated by public agencies other than the City shall be considered on a case-by-case basis. The list of eligible public facilities include but are not limited to the following and may include facilities included as part of the City’s or another public agency's development impact fee program to the extent permitted by the Mello-Roos Act or the Improvement Acts:

Streets, highways and bridges Flood control facilities
Street lighting Libraries
Traffic signals and safety lighting Public utilities
Parks Police and fire protection facilities
Item Title: 12.1
Community Facilities District Goals & Policies Amendment Item Page Number: 5

Menifee Mayor and City Council
September 3, 2025
Page
288 of 321

City of MenifeePolicy CC-20

Special Assessment and Community Facilities District Goals and Policies 4929-4925-4992v3/200299-0000
Governmental facilities Recreation facilities, including golf courses
Sanitary sewer facilities
Storm drain facilities
Biological mitigation measures
involving land acquisition, dedication
and revegetation
Potable and reclaimed water facilities Landscaping
In general, streets, highways and bridges; street lighting; traffic signals and safety lighting; parks; and storm drain facilities will have priority over the others, however, the City will evaluate the needs of the project area and has final determination as to any facility’s eligibility for financing, as well as the prioritization of facilities to be included within a financing district. Use of bond proceeds for grading and right-of- way acquisition will be reviewed by the City and bond counsel on a case-by-case basis.

It is secondarily the policy of the City to assist in the provision of other public facilities when to do so is necessary, in the sole discretion of the City Council acting as the legislative body of the affected Community Facilities District, to serve taxpayers residing within or owning property within the City boundaries.

Additionally, the City may finance any one or more of the types of services specified in Section 53313 of the Act. Priority for Community Facilities District financing shall be given to services provided by or directly benefiting the City and, if multiple services are to be financed, with no service having priority over another service; provided, however, the City has final determination as to any service’s eligibility for financing. The City shall not finance services on behalf of other public agencies.

It is acknowledged the Mello-Roos Act permits the financing of fee obligations imposed by governmental agencies, the proceeds of which fees are to be used to fund public capital improvements. The City will consider applications to finance fee obligations on a case-by-case basis. The City may condition the financing of facilities included as part of the City’s or another public agency’s development impact fee programs on the applicant’s agreement to participate in the financing of City services for public safety.

When it is determined by the City that fees are to be financed, the City may collect a premium of the total fees to be financed. Such premium shall not exceed twenty percent (20%) of the total fees to be financed. The City may use the premium to finance public facilities and improvements directly benefiting and identified by the City as the most necessary to serve the specific needs of the portion of the City in which the Community Facilities District will be located.

B. CREDIT QUALITY – VALUE-TO-LIEN RATIO
Credit quality will be determined in part by the District (or improvement area) property value-to-lien ratio which will be at a minimum 4:1, including the value of the financed public improvements to be installed, and considering all prior or Item Title: 12.1
Community Facilities District Goals & Policies Amendment Item Page Number: 6

Menifee Mayor and City Council
September 3, 2025
Page
289 of 321

City of MenifeePolicy CC-20

Special Assessment and Community Facilities District Goals and Policies 4929-4925-4992v3/200299-0000
pending special taxes or improvement liens and debt. Value-to-lien ratios of individual parcels will be reviewed to analyze credit quality. Acceptance by the City of the value-to-lien ratio will be determined by an appraisal with recommendations from bond counsel, any financial advisor, and the underwriter with consideration of the project and diversification of land ownership.

The appraisal shall be coordinated by, under the direction of, and addressed to the City. The applicant shall pay all costs associated with the preparation of the appraisal report through an advance deposit of funds with the City. The appraiser should be credentialed by the State of California Office of Real Estate Appraisers and be a Member of the Appraisal Institute (MAI). The appraiser should have demonstrated prior experience in appraising property subject to special assessments or taxes in conjunction with a bond offering.

The appraisal shall be conducted in accordance with criteria, standards and assumptions in accordance with the California Debt and Investment Advisory Commission Appraisal Standards for Land-Secured Financings, and based upon the recommendations from the City’s financing team. In every case, the appraisal shall reflect national Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation and employ all, or a combination of: discounted cash flow, bulk sale comparable, raw land value as is, and project build-out values.

Upon receiving an appraisal, determining the value-to-lien ratio, and evaluating the project and current underwriting criteria, the City will require letters of credit or other security to secure payment of the special taxes to be levied annually on properties within the District. Letters of credit or other security may also be required for individual parcels of specific property ownership within a District.

For projects with a significant amount of development or the refunding of outstanding special assessment and community facilities district debt, the assessed value of property or other mass appraisal techniques may be options for the establishment of credit quality.

Depending on the circumstances of the development, a market absorption study may be required. City will retain the consultant to prepare a report to verify market absorption assumptions and projected base sales prices of the properties subject to the special taxes or assessments in the District. The market absorption study shall be completed prior to completion of the appraisal, and the appraisal shall take into consideration the conclusions of the market absorption study. The City may require a mortgage study to analyze existing types of mortgages in the District to provide additional information to potential bond investors.

C. SECURITY
The City may, at its discretion, require additional credit enhancement to be provided by one or more developers and/or landowners to increase the credit quality of any CFD bond issue and to reduce the potential for a bond default. Such credit enhancements may be required in situations where there is an insufficient value-to-lien ratio, where a substantial amount of the property within a CFD is Item Title: 12.1
Community Facilities District Goals & Policies Amendment Item Page Number: 7

Menifee Mayor and City Council
September 3, 2025
Page
290 of 321

City of MenifeePolicy CC-20

Special Assessment and Community Facilities District Goals and Policies 4929-4925-4992v3/200299-0000
undeveloped, where property ownership is concentrated, where tax delinquencies are present in parcels within the CFD, and in any other situation as required by the City. The form of any credit enhancement is subject to approval by the City, and the City shall impose specific requirements with respect to such credit enhancement; however, such credit enhancement will generally be in the form of an irrevocable standby letter-of-credit or a cash deposit, will be required to be in an amount not less than 200% of the share debt service or a 2-year security payment of the special tax requirement allocable to the applicable developer- owned parcels for which such credit enhancement is required, and will be required to remain in effect until the share of debt service allocable to such developer- owned parcels is less than 20% of the annual debt service on all outstanding bonds for such CFD. The Chief Financial Officer or the City Manager have discretion to waive this requirement in the face of extenuating circumstances.

6. EQUITY OF SPECIAL TAX FORMULAS AND MAXIMUM SPECIAL TAXES Special tax formulas for Community Facilities Districts shall provide for minimum special tax levels that satisfy the following expenses of all Community Facilities Districts: (a) at least 110 percent debt service coverage for all Community Facilities District bonded indebtedness, (b) the reasonable and necessary administrative expenses of the Community Facilities District, and (c) amounts equal to the differences between expected earnings on any escrow fund and the interest payments due on bonds of the Community Facilities District. Additionally, the special tax formula may provide for the following:
(a) any amounts required to establish or replenish any reserve fund established in association with the indebtedness of the Community Facilities District, (b) the accumulation of funds reasonably required for future debt service, (c) amounts equal to projected delinquencies of special tax payments, (d) the costs of remarketing, credit enhancement and liquidity facility fees, (e) the cost of acquisition, construction, furnishing or equipping of facilities, (f) lease payments for existing or future facilities, (g) costs associated with the release of funds from an escrow account, and (h) any other costs or payments permitted by law, including, but not limited to, financing any one or more of the types of services specified in Section 53313 of the Mello-Roos Act.

The special tax formula shall be reasonable and equitable in allocating public facilities’ costs to parcels within the Community Facilities District. Unless the City determines that special circumstances warrant a change, the special tax formula originally accepted for the Community Facilities District shall remain the same in order to ensure equity as originally envisioned at the time of Community Facilities District formation. At the time of formation of the Community Facilities District, exemptions from the special tax may be given to parcels that are publicly owned, are held by a property owner’s association, are used for a public purpose such as open space or wetlands, are affected by public utility easements making impractical their utilization for other than the purposes set forth in the easements, or have insufficient value to support bonded indebtedness.

It is the goal of the City that maximum special taxes or assessments on residential owner- occupied property, when taken together with ad valorem taxes, any other special taxes levied pursuant to the Act and assessments applicable to such property, do not exceed in any year two percent (2%) of the greater of the assessed value or appraised value of such property. Nevertheless, special taxes on residential owner-occupied property, when taken Item Title: 12.1
Community Facilities District Goals & Policies Amendment Item Page Number: 8

Menifee Mayor and City Council
September 3, 2025
Page
291 of 321

City of MenifeePolicy CC-20

Special Assessment and Community Facilities District Goals and Policies 4929-4925-4992v3/200299-0000
together with ad valorem taxes, any other special taxes levied pursuant to the Act and assessments applicable to such property, may exceed in any year two percent (2%) of the greater of the assessed value or appraised value of such property if the City determines at the time of formation of a Community Facilities District that over the term of the bonds, the special taxes, ad valorem taxes and assessments are expected to average two percent (2%) or less per year of the greater of the assessed value or appraised value of such property. It is further the policy of the City to comply with the provisions of Section 53321 of the Act with respect to the escalation of maximum taxes.

Special taxes will only be levied on an entire County Assessor’s parcel, and any allocation of special tax liability of a County Assessor’s parcel to leasehold or possessory interest in the fee ownership of such County Assessor’s parcel shall be the responsibility of the fee owner of such parcel (except where the City is the fee owner of the parcel and has, subsequent to the date of adoption of these goals and policies, leased the parcel pursuant to a lease with a term of at least 5 years, in which case the lessee shall have the responsibility for the special tax liability) and the City shall have no responsibility therefor and has no interest therein. Failure to pay or cause to be paid any special taxes in full when due shall subject the entire parcel to foreclosure in accordance with the Act.

The City shall have a report prepared that: (a) recommends special tax rates and methods of allocation among parcels in the proposed Community Facilities District, and (b) evaluates the special tax proposed to determine its ability to adequately fund identified public facilities, City administrative costs, services (if applicable) and other related expenditures.

A. The City shall retain a special tax consultant to prepare a Rate and Method of Apportionment and the report described above that:

B. Recommends a special tax formula for the proposed Community Facilities District.

C. Evaluates the special tax proposed to determine its ability to adequately fund identified public facilities and proposed services, City administrative costs, services (if applicable) and other related expenditures. The Rate and Method of Apportionment of special taxes shall be designed to ensure sufficient revenues are produced in case of final development at lower densities than anticipated.

D. The special tax consultant shall also address the resulting aggregate tax burden of all proposed special taxes plus existing special taxes, ad valorem taxes and assessments on the properties within the Community Facilities District.

7. TERMS AND CONDITIONS OF BONDS
The City shall establish all terms and conditions of the bonds. The City will control, manage and invest all District-issued bond proceeds. Each bond issue shall be structured to adequately protect bond owners and to not adversely impact the bonding capacity or credit rating of the City. Unless otherwise authorized by the City, the following shall serve as bond requirements:

Item Title: 12.1
Community Facilities District Goals & Policies Amendment Item Page Number: 9

Menifee Mayor and City Council
September 3, 2025
Page
292 of 321

City of MenifeePolicy CC-20

Special Assessment and Community Facilities District Goals and Policies 4929-4925-4992v3/200299-0000
A. A reserve fund equal to the lesser of (i.) 10% of the issue price of the bonds, (ii.) maximum annual debt service or (iii.) 125% of average annual debt service, or as otherwise deemed appropriate by the City.

B. For Districts containing residential property, the timing of bond sales(s) and/or Rate and Method of Special Tax Apportionment shall be such that special taxes or special assessments are levied no later than the first fiscal year following the occupancy of residential units. For all Districts, interest shall not be funded (capitalized) beyond what is permitted in the Mello-Roos Act or the Improvement Acts.

C. The repayment of principal shall begin on the earliest principal payment date for which sufficient special tax revenues can be made available.

D. Beginning with the commencement of the repayment of principal, annual debt service shall be level. The City may consider an increasing annual debt service, but such increases shall not exceed 2% per year for the term of the bonds.

E. The maximum special tax shall be established to assure that the annual revenue produced by levy of the maximum special tax shall be equal to at least 110% of the maximum annual debt service plus administration. Under no circumstances shall the coverage be used to support the issuance of Bonds.

F. Prior to the issuance of the bonds, the City shall authorize its bond counsel to commence and process to final judgment an action establishing the validity of the proceedings, special tax and issuance of bonds, unless advised to the contrary by such bond counsel.

G. In instances where multiple series of bonds are to be issued, the first series shall include public facilities of highest priority acceptable to the City.

H. All statements and materials related to the sale of special assessment or Community Facilities District bonds shall emphasize and state that neither the good faith, nor the taxing power of the City is pledged to the security or repayment of the bonds. The sole sources of revenues to secure bond owners are special taxes, annual assessments or foreclosure proceeds.

8. AGREEMENTS
Agreements will be prepared incidental to District formation proceedings in a form satisfactory to the City and consistent with these policies. These agreements may include, but not be limited to:

A. Deposit and Reimbursement Agreement.

B. Funding and Acquisition Agreement.

Item Title: 12.1
Community Facilities District Goals & Policies Amendment Item Page Number: 10

Menifee Mayor and City Council
September 3, 2025
Page
293 of 321

City of MenifeePolicy CC-20

Special Assessment and Community Facilities District Goals and Policies 4929-4925-4992v3/200299-0000
C. Joint Community Facilities Agreements with any other public agency entitled to receive any portion of the bond proceeds or entitled to own and operate any of the public facilities financed by bond proceeds.

Prior to the formation of a District, all of the agreements specified shall be duly approved and executed by the relevant parties; provided that any Joint Community Facilities Agreement may be approved and executed prior to the approval of the issuance of bonds.

Prior to execution of any agreements, such agreements shall be reviewed and approved by bond counsel and the City Attorney and approved by the City Council.

9. USE OF CONSULTANTS
The City shall have the sole discretion as to selection of consultants and determination of fees and expenses of all consultants necessary for the formation of the District and the issuance of bonds, including the underwriter(s), bond counsel, financial advisor, assessment engineer, appraiser, trustee, paying agent, market absorption consultant, and the special tax consultant after reasonable consultation with the applicant. Prior consent of the applicant shall not be required in the determination by the City of the consulting and financing team.

The City shall also be responsible for determining the structure of the bonds to be issued, including the method of sale (negotiated or competitive), the need for bond ratings, the need for escrow provisions, investment of bond proceeds, and all other terms and conditions incidental to structuring and closing a bond issuance.

Consultants of the City for the District shall comply with the requirements of the Fair Political Practices Commission and of the California Government Code.

10. ACQUISITION PROVISIONS
The City shall have final determination as to whether it will allow the financing of public facilities through acquisition or if the improvements will be constructed by the City.

In the event the acquisition provisions of the Municipal Improvement Act of 1913 or the Mello-Roos Act are utilized, the City, at its sole discretion, will determine the facilities to be acquired, the priority of acquisition of completed facilities and the method of determining reasonable acquisition costs. Applicable bidding and prevailing wage requirements are extensive and will be addressed during the preparation of the funding and acquisition agreement.

The City has determined (pursuant to Section 53329.5(c) of the Government Code) that the public interest will not be served by allowing property owners to elect to enter into agreements with the City to perform construction work after competitive construction bids have been received. The City Council will make such a determination in the resolution of intention regarding the formation of a Community Facilities District.

Item Title: 12.1
Community Facilities District Goals & Policies Amendment Item Page Number: 11

Menifee Mayor and City Council
September 3, 2025
Page
294 of 321

City of MenifeePolicy CC-20

Special Assessment and Community Facilities District Goals and Policies 4929-4925-4992v3/200299-0000

7. DISCLOSURE TO PURCHASERS
Developers who are selling lots or parcels that are within a Community Facilities District shall provide disclosure notice to prospective purchasers that complies with all of the requirements set forth in Section 53341.5 of the Government Code. The disclosure notice must be provided to prospective purchasers of property at or prior to the time the contract or deposit receipt for the purchase of property is executed. Developers shall keep an executed copy of each disclosure document as evidence that disclosure has been provided to all purchasers of property within a Community Facilities District.

Owners of land securing 20% or more of the debt service on bonds will be required to provide financial information, as deemed appropriate by the City, for inclusion in the continuing disclosure document the City must provide annually and will also be required to provide written undertakings to provide financial and operating data as required by the SEC’s Rule 15c2-12 and by the underwriter of the bonds.

Additionally, the continuing disclosure document shall be reported to City Council annually, to receive and file.

8. PROPERTY OWNER SUPPORT
In the instance of multiple property owners, the applicant shall be required to produce letters evidencing other property owners’ support for the scope and establishment of the District as an attachment to the application. The applicant must have concurrence of at least 60% of the other property owners to be included in the proposed District, unless there is an overriding need for the public facilities, or the applicant is willing to separately fund the facilities for non-participating property.

9. LAND USE APPROVALS
Properties proposed for inclusion in a District must possess a land use determination such that proposed development land uses and specific facility requirements can be adequately assessed.

10. EXCEPTIONS TO THESE POLICIES
The City may find in limited and exceptional instances that a waiver to any of the above stated policies is reasonable given identified special City benefits to be derived from such waiver. Such waivers are granted only by action of the City Council based upon specific public purpose and/or health and safety findings.

A waiver of certain provisions of these policies may also be relevant for the refunding of outstanding special assessment and Community Facilities District debt.

11. APPLICATION PROCESS
Early communication with the City is encouraged to assist applicants in evaluating the feasibility of available financing programs and to discuss program procedures.

Item Title: 12.1
Community Facilities District Goals & Policies Amendment Item Page Number: 12

Menifee Mayor and City Council
September 3, 2025
Page
295 of 321

City of MenifeePolicy CC-20

Special Assessment and Community Facilities District Goals and Policies 4929-4925-4992v3/200299-0000
A.Preapplication Conference: Applicant meets with City to discuss the proposed project and application procedures.

B.Application Submission: Applicant/developer shall submit an application to the City with a deposit and reimbursement agreement in the amount of $70,000 as of September 2025. The Chief Financial Officer is authorized to increase this required deposit if formation costs increase in the future. The deposit will be handled as set forth in the Deposit and Reimbursement Agreement as established by the City and approved by the applicant/developer. This deposit is for the purpose of application processing, preliminary costs, retention of appropriate consultants, and the compensation of staff time devoted to the formation of the District. The City will conduct an initial evaluation of the application to determine if it is complete and whether additional information is required.

C.Project Review: Applicant and City staff meet to discuss initial application, including any issues raised and further information that might be required. If necessary, applicant submits revised application.

D.Application Processing: Upon City determination that the application is complete, staff prepares a staff report, which forwards the request for district formation and project financing and staff recommendation to the Finance Committee for review.

E.City Council Consideration: The City Council grants or denies the application.

F.Project Initiation: Staff submits consultant contracts, reimbursement agreements and other similar items for City Council consideration.

G.Project Implementation: Applicant, staff and consultants meet to determine preliminary project schedule and begin work necessary to initiate district formation.

This document outlines district formation procedures.

16. SPECIAL ASSESSMENT DISTRICT FORMATION PROCEEDINGS FORMAT Assessment district proceedings under the Municipal Improvement Act of 1913 normally provide for the construction of improvements by the City and the financing of such improvements with improvement bonds, which are secured by a fixed lien assessment on the benefited property. In certain instances, if authorized by the City, the developer may construct the improvements (or portion thereof), which would be acquired by the City as provided in the proceedings.

The formation proceedings are subject to and contingent upon satisfaction of all environmental zoning and land use regulations. The following is a summary of the proceedings under the Municipal Improvement Act of 1913 for the formation of an Assessment District. All such proceedings are subject to the requirements of the Improvement Acts, as applicable.

A.Initiation of Proceedings. An applicant or landowner petition for City Council action initiates a request to form the District. Upon initiation, the design engineer Item Title: 12.1
Community Facilities District Goals & Policies Amendment Item Page Number: 13

Menifee Mayor and City Council
September 3, 2025
Page
296 of 321

City of MenifeePolicy CC-20