3 2
2 0
cover additional subsurface investigation services. Additional assistance is now needed for right- of-way (ROW) acquisitions to secure permanent project easements and establish temporary construction easements. ROW acquisition services include, but are not limited to, ordering and reviewing title and appraisal reports, property owner negotiations, and managing escrow actions.
Proposed Amendment No. 2 would update the scope of the Agreement to include the tasks associated with ROW acquisition, would extend the term of the agreement through June 30, 2027, and would increase TKE’s agreement by $31,829.00, bringing the total not-to-exceed amount of the Agreement to $341,546.40. TKE’s amendment history for the Project is summarized in Table 1 below.
TABLE 1 – SOUTHSTAR AGREEMENT HISTORY
Agreement Activity Approval
Date
Summary of Changes Value
Original Contract 1/15/2025 Environmental and Design
Services
$297,789.00
Amendment No. 1 11/15/2023 Additional subsurface
investigations (2 locations)
$11,928.40
Amendment No. 2 PENDING ROW Acquisition Services $31,829.00 TOTAL $341,546.40
Pursuant to Menifee Municipal Code §3.12.090, amendments or change orders in the amount greater than 10% of the original agreement amount, or that exceed 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 is $31,829.00, for a total Agreement with TKE for a not-to-exceed amount of $341,546.40. Funding for the Agreement is available in the approved fiscal year 2025/2026 budget within the Quality of Life (Measure DD) Fund under drainage CIP projects (4320-PWD-CIPS-903-01105-652800), as summarized in Table 2 below.
TABLE 2 – PROJECT BUDGET
Fund Project String No. Available
Budget
Anticipated
Cost
Measure DD (4320-PWD-CIPS-903-01105-652800)
CIP25-09.1105.DES.CAE
$86,322.60 $31,829.00
No additional budget appropriation action is required.
Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 2
Menifee Mayor and City Council
April 1, 2026
Page
124 of 299
City of Menifee Staff Report
CIP 25-09 Garbani Drainage Amendment No. 2 - TKE
April 1, 2026
3 2
2 0
ATTACHMENTS
1. Project Location Map
2. Amendment No. 2
3. Original Agreement
Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 3
Menifee Mayor and City Council
April 1, 2026
Page
125 of 299
Garbani Rd
Murrieta Rd
Project Site
0 0.01 0.02
Miles
Ë
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\Garbani Road Drainage Improvments\Map Project\Garbani Road Drainage Improvements.aprx Date: 12/10/2024 Garbani Road Drainage Improvements (CIP 25-09)
Project Location Map
Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 4
Menifee Mayor and City Council
April 1, 2026
Page
126 of 299
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 25-09 GARBANI ROAD DRAINAGE IMPROVEMENTS PROJECT
(PROFESSIONAL DESIGN AND ENGINEERING SERVICES)
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 25-09 GARBANI ROAD DRAINAGE IMPROVEMENTS PROJECT
(PROFESSIONAL DESIGN AND ENGINEERING SERVICES)
This is Amendment No. 2 (“Amendment No. 2 ”) to that certain Professional Services Agreement (“Agreement”) made on January 15, 2025 between the City of Menifee (“City”) and TKE ENGINEERING, INC. (“Consultant”) for CIP 25-09 GARBANI
ROAD DRAINAGE IMPROVEMENTS PROJECT (PROFESSIONAL DESIGN AND ENGINEERING SERVICES) as amended by that certain Amendment No. 1 to the Agreement entered into on October 16, 2025 (“Amendment No. 1”), which this Amendment No. 2 is made and entered into on_________________, 2026 to extend the term of services, increase the compensation amount, and augment the scope of services 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 1.1, “Term of Services” is amended to read as follows:
1.1 Term of Services. The term of this Agreement shall begin on the January 15, 2025 and shall end on June 30, 2027 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8.
The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.
3. SECTION 2, “Compensation” is amended to increase the maximum compensation by Thirty One Thousand Eight Hundred Twenty Nine Dollars and Zero Cents ($31,829.00) and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Three Hundred Forty One Thousand Five Hundred Forty Six Dollars and Forty Cents ($341,546.40) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 5
Menifee Mayor and City Council
April 1, 2026
Page
127 of 299
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 25-09 GARBANI ROAD DRAINAGE IMPROVEMENTS PROJECT
(PROFESSIONAL DESIGN AND ENGINEERING SERVICES)
4. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
SCOPE OF SERVICES
Consultant shall provide CIP 25 -09 GARBANI ROAD DRAINAGE
IMPROVEMENTS PROJECT (PROFESSIONAL DESIGN AND ENGINEERING SERVICES) in the amount not to exceed Three Hundred Forty One Thousand Five Hundred Forty Six Dollars and Forty Cents ($341,546.40) as further detailed in the following page(s).
5. All other terms and conditions of the Agreement remain in full force and effect.
6. 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.
Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 6
Menifee Mayor and City Council
April 1, 2026
Page
128 of 299
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
CIP 25-09 GARBANI ROAD DRAINAGE IMPROVEMENTS PROJECT
(PROFESSIONAL DESIGN AND ENGINEERING SERVICES)
CITY OF MENIFEE TKE ENGINEERING, INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Michael Thornton, President
Attest: ________________________________
Terry Renner, Senior Vice President
_______________________________
Stephanie Roseen, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 7
Menifee Mayor and City Council
April 1, 2026
Page
129 of 299
EXHIBIT A
EXHIBIT A
SUPPLEMENT TO SCOPE OF SERVICES
[SUPPLEMENT BEGINS ON FOLLOWING PAGE]
Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 8
Menifee Mayor and City Council
April 1, 2026
Page
130 of 299
EXHIBIT A
Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 9
Menifee Mayor and City Council
April 1, 2026
Page
131 of 299
EXHIBIT A
Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 10
Menifee Mayor and City Council
April 1, 2026
Page
132 of 299
2905/031858-0001
18155996.1 a07/24/24
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
CIP 25-09 GARBANI ROAD DRAINAGE IMPROVEMENTS PROJECT
(PROFESSIONAL DESIGN AND ENGINEERING SERVICES)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2024 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and TKE ENGINEERING, INC. , a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on January 15, 2025 and shall end on June 30, 2026 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 S
tandard of Performance . Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 A
ssignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 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.
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 2025-----------January15
Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 11
Menifee Mayor and City Council
April 1, 2026
Page
133 of 299
2905/031858-0001
18155996.1 a07/24/24 -2-
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 War ranty . By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.
1.7 C
ovid- 19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all applicable emergency orders, directives, protocols, and best practices related to the COVID -19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Two Hundred Ninety Seven Thousand Seven Hundred Eighty Nine Dollars and Zero Cents ($297,789.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 12
Menifee Mayor and City Council
April 1, 2026
Page
134 of 299
2905/031858-0001
18155996.1 a07/24/24 -3-
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 R
etention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Servic es required have been satisfactorily performed.
2.4 T
otal Payment . City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 R eimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 13
Menifee Mayor and City Council
April 1, 2026
Page
135 of 299
2905/031858-0001
18155996.1 a07/24/24 -4-
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 P ayment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long- distance telephone or other communication charg es, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self - insurance program to meet those requirements, but only if the program of self-insurance complies Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 14
Menifee Mayor and City Council
April 1, 2026
Page
136 of 299
2905/031858-0001
18155996.1 a07/24/24 -5-
fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements . Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit sha ll be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. 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. c. A
dditional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLAR S ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 15
Menifee Mayor and City Council
April 1, 2026
Page
137 of 299
2905/031858-0001
18155996.1 a07/24/24 -6-
b. Claims-Made Limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services . Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. V erification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: CIP 25- 09 GARBANI ROAD DRAINAGE IMPROVEMENTS PROJECT (PROFESSIONAL DESIGN AND ENGINEERING SERVICES ). The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. N
otice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if : (1) any of the required 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. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 16
Menifee Mayor and City Council
April 1, 2026
Page
138 of 299
2905/031858-0001
18155996.1 a07/24/24 -7-
d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non- contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self -Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense e xpenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. V
ariation . The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 R
emedies . In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
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b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 I
ndemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 L
imitation of Indemnification for Design Professionals . Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
5.4 L
imitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
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SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the S ervices under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the S ervices hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 P
revailing Wages . Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws , including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. P
ublic Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
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defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non- payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as t he same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html . Copies of the prevailing
rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty -five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub- consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two -hundred dollars ($200) for each Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
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calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. D IR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. I
ndemnification Related to Prevailing Wages . Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing 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 the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 L
icenses 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. Consul tant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 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 Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
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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” t o disclose such other person’s financial interests as required by City.
7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this S ubsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 T ermination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 C onsequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 E
xtension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 A
mendments . The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 A ssignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
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Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 O
ptions upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 L
icensing of Intellectual Property . This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
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and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accou nting principles and shall be clearly identified and readily accessible.
9.4 I
nspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the 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.
10.2 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.
10.3 S
everability . If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 S ection Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 N
o Implied Waiver of Breach . 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 Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
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constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 C onsultant Representative. All matters under this Agreement shall be handled for Consultant by Candice Velasco (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 C
ity Contract Administration . This Agreement shall be administered by a City employee, Carlos Geronimo, Engineering Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 N
otices . Any written notice to Consultant shall be sent to:
TKE ENGINEERING, INC.
Attn: Candice Velasco
2305 CHICAGO AVE
RIVERSIDE, CA 92507
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Carlos Geronimo, Engineering Manager
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
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10.10 Professional Seal . Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the P arties are cumulative and the exercise by either P arty of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 I
ntegration . This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, eithe r written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 C
ounterparts . This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 E xecution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.15 N
ondiscrimination . Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 N
o Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 N onliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
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interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 N
o Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interes t, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 27
Menifee Mayor and City Council
April 1, 2026
Page
149 of 299
2905/031858-0001
18155996.1 a07/24/24 -18-
IN WITNESS WHEREOF, the P arties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando Villa, City Manager
Attest:
Stephanie Roseen, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Michael Thornton, President
Terry Renner, Senior Vice President
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 28
Menifee Mayor and City Council
April 1, 2026
Page
150 of 299
2905/031858-0001
18155996.1 a07/24/24
EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include CIP 25 -09 GARBANI ROAD DRAINAGE IMPROVEMENTS PROJECT (PROFESSIONAL DESIGN AND ENGINEERING SERVICES in the amount not to exceed Two Hundred Ninety Seven Thousand Seven Hundred Eighty Nine Dollars and Zero Cents ($297,789.00) as further detailed in the following page(s).
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 29
Menifee Mayor and City Council
April 1, 2026
Page
151 of 299
2905/031858-0001
18155996.1 a07/24/24 EXHIBIT A.
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 30
Menifee Mayor and City Council
April 1, 2026
Page
152 of 299
2905/031858-0001
18155996.1 a07/24/24 EXHIBIT A.
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 31
Menifee Mayor and City Council
April 1, 2026
Page
153 of 299
2905/031858-0001
18155996.1 a07/24/24 EXHIBIT A.
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 32
Menifee Mayor and City Council
April 1, 2026
Page
154 of 299
2905/031858-0001
18155996.1 a07/24/24 EXHIBIT A.
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 33
Menifee Mayor and City Council
April 1, 2026
Page
155 of 299
2905/031858-0001
18155996.1 a07/24/24 EXHIBIT A.
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 34
Menifee Mayor and City Council
April 1, 2026
Page
156 of 299
2905/031858-0001
18155996.1 a07/24/24 EXHIBIT A.
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 35
Menifee Mayor and City Council
April 1, 2026
Page
157 of 299
2905/031858-0001
18155996.1 a07/24/24 EXHIBIT A.
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 36
Menifee Mayor and City Council
April 1, 2026
Page
158 of 299
2905/031858-0001
18155996.1 a07/24/24 EXHIBIT A.
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 37
Menifee Mayor and City Council
April 1, 2026
Page
159 of 299
2905/031858-0001
18155996.1 a07/24/24
EXHIBIT A.
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement Amendment with TKE Engineering, Inc. for Design and Environmental Services for the Garbani Road Drainage Improvements Project Item Page Number: 38
Menifee Mayor and City Council
April 1, 2026
Page
160 of 299
2905/031858-0001
18155996.1 a00/00/00
EXHIBIT A.
Docusign Envelope ID: 893A40B8-00BE-4300-BF6B-4E74D1E9D2D2 Item Title: 10.6
Agreement
Amendment
with
TKE
Engineering,
Inc.
for
Design
and
Environmental
Services
for
the
Garbani
Road
Drainage
Improvements Project
Item Page Number: 39
Menifee Mayor and City Council
April 1, 2026
Page
161 of 299
CITY OF MENIFEE
SUBJECT: Quitclaim Deed to Western Pacific Housing-Menifee, LLC Drainage Easements Associated with Tract Map 28921-1
MEETING DATE: April 1, 2026
TO: Mayor and City Council
PREPARED BY: Crystal Nguyen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute a quitclaim deed for drainage easements to Western Pacific Housing - Menifee, LLC, a Delaware limited liability company for Tract Map 28921-1 Lots 11 and 12 located south of Butterwood Drive and west of Country Fair Drive.
DISCUSSION
Tract Map 28921-1 (TM28921-1) was entitled and recorded under the County of Riverside’s (County) authority, prior to the City’s incorporation. TM28921-1 completed construction, and all residential lots were developed and sold, except for lots 11 and 12. Lots 11 and 12 were initially utilized for drainage purposes and correlating easements were conveyed to the County at the time of map recordation. Upon the City’s incorporation, these easements were automatically transferred to the City.
Western Pacific Housing – Menifee, LLC (Developer) has now requested a quitclaim of the drainage easements from the City to the Developer with the intent to develop lots 11 and 12 into single-family residential homes. The Developer has provided evidence to the City that the drainage easements are no longer necessary as the neighboring developments have installed permanent drainage infrastructure that has rendered the drainage facilities within lots 11 and 12 unnecessary.
The proposed Easement Quitclaim Deed (Quitclaim) would transfer the existing blanket drainage easement across lots 11 and 12, as well as a 10-foot-wide drainage easement for a drainage structure, to the Developer. Once transferred, the drainage structure would be removed by the Developer as part of the residential development of the lots.
Item Title: 10.7
Quitclaim Deed to Western Pacific Housing-Menifee, LLC Drainage Easements Associated with Tract Map 28921-1 Item Page Number: 1
Menifee Mayor and City Council
April 1, 2026
Page
162 of 299
City of Menifee Staff Report
Quitclaim Drainage Easement TM28921-1 Lots 11 & 12
April 1, 2026
2 7
8 0
Upon City Council approval, the proposed Quitclaim would be executed and returned to the Developer for acceptance and recordation with the Riverside County Clerk Recorder’s Office. It is important to note that approval of the proposed Quitclaim would not eliminate or reduce the current City street right-of-way.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with approval of this item.
ATTACHMENTS
1. Project Location Map
2. Tract Map 28921-1
3. Easement Quitclaim Deed QC26-001
Item Title: 10.7
Quitclaim Deed to Western Pacific Housing-Menifee, LLC Drainage Easements Associated with Tract Map 28921-1 Item Page Number: 2
Menifee Mayor and City Council
April 1, 2026
Page
163 of 299
Project Location Map for TM29821-1
29821-1
NORMANDY RD
LA LADERA RD
GOETZ RD
NEWPORT RD
LOT 11
LOT 12
BUTTERWOOD DR
COUNTRY FAIR DR
Item Title: 10.7
Quitclaim Deed to Western Pacific Housing-Menifee, LLC Drainage Easements Associated with Tract Map 28921-1 Item Page Number: 3
Menifee Mayor and City Council
April 1, 2026
Page
164 of 299
Item Title: 10.7
Quitclaim Deed to Western Pacific Housing-Menifee, LLC Drainage Easements Associated with Tract Map 28921-1 Item Page Number: 4
Menifee Mayor and City Council
April 1, 2026
Page
165 of 299
Item Title: 10.7
Quitclaim Deed to Western Pacific Housing-Menifee, LLC Drainage Easements Associated with Tract Map 28921-1 Item Page Number: 5
Menifee Mayor and City Council
April 1, 2026
Page
166 of 299
Item Title: 10.7
Quitclaim Deed to Western Pacific Housing-Menifee, LLC Drainage Easements Associated with Tract Map 28921-1 Item Page Number: 6
Menifee Mayor and City Council
April 1, 2026
Page
167 of 299
Item Title: 10.7
Quitclaim Deed to Western Pacific Housing-Menifee, LLC Drainage Easements Associated with Tract Map 28921-1 Item Page Number: 7
Menifee Mayor and City Council
April 1, 2026
Page
168 of 299
Exempt from Recording Fees
Per Cal. Gov. Code Sections 6103, 27383 and Cal. Rev. & Tax Code Section 11922 The undersigned grantor(s) declare(s) APN: 339-411-011 339-411-012 DTT: -0-
SPACE ABOVE THIS LINE FOR RECORDER’S USE
EASEMENT QUITCLAIM DEED QC26-001
For valuable consideration, receipt of which is hereby acknowledged, THE CITY OF MENIFEE, a municipal corporation (“Transferor”), hereby releases, remises and quitclaims to Western Pacific Housing-Menifee, LLC, a Delaware limited liability company(“Transferee”), all right, title and interest in those certain drainage easements affecting real pro perty in the City of Menifee, County of Riverside, State of California, described on Exhibit A in the areas as depicted on Exhibit B both of which are attached hereto and incorporated in this Quitclaim Deed by this reference.
ATTEST:
Print Name: Stephanie Roseen
City Clerk
DATED:
THE CITY OF MENIFEE,a municipal corporation
By:
Print Name: Armando G. Villa
Title: City Manager
WHEN RECORDED MAIL TO:
City Clerk
The City of Men ifee
29844 Haun Rd
Menifee, CA 92586 ·
Mail copy of Quitclaim Deed and Tax
Statements to:
D.R.HORTON
980 MONTECITO DR., SUITE 300
CORONA, CA. 92879
Grantor
For valuable consideration, receipt of which is hereby acknowledged, THE CITY OF MENIFEE, a municipal corporation (“Grantor”), hereby releases, remises and quitclaims to Western Pacific Housing-Menifee, LLC, a Delaware limited liability company (“Grantee”), all right, title and interest in those certain drainage easements affecting real property in the City of Menifee, County of Riverside, State of California, described on Exhibit A in the areas as depicted on Exhibit B both of which are attached hereto and incorporated in this Quitclaim Deed by this reference.
Item Title: 10.7
Quitclaim Deed to Western Pacific Housing-Menifee, LLC Drainage Easements Associated with Tract Map 28921-1 Item Page Number: 8
Menifee Mayor and City Council
April 1, 2026
Page
169 of 299
Item Title: 10.7
Quitclaim Deed to Western Pacific Housing-Menifee, LLC Drainage Easements Associated with Tract Map 28921-1 Item Page Number: 9
Menifee Mayor and City Council
April 1, 2026
Page
170 of 299
Item Title: 10.7
Quitclaim Deed to Western Pacific Housing-Menifee, LLC Drainage Easements Associated with Tract Map 28921-1 Item Page Number: 10
Menifee Mayor and City Council
April 1, 2026
Page
171 of 299
Item Title: 10.7
Quitclaim Deed to Western Pacific Housing-Menifee, LLC Drainage Easements Associated with Tract Map 28921-1 Item Page Number: 11
Menifee Mayor and City Council
April 1, 2026
Page
172 of 299
CITY OF MENIFEE
SUBJECT: Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for Storm Drainage Easements
Associated with Tract Maps 25253-1, 25285-1 and 26798-5 MEETING DATE: April 1, 2026
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute one quitclaim deed for storm drain easements to Riverside County Flood Control and Water Conservation District for Tract Map (TM) 25253-1 and Portion of Lot 19 located on Lindenberger Road north of Dominigoni Parkway; and
2. Approve and authorize the City Manager to execute two quitclaim deeds for storm drain easements to Riverside County Flood Control and Water Conservation District for TM25285- 1 Lot 82 and Portion of Lot 52 located on Lindenberger Road north of Dominigoni Parkway; and
3. Approve and authorize the City Manager to execute two quitclaim deeds for storm drain easements to Riverside County Flood Control and Water Conservation District for TM26798- 5 Lots 1,2,29 and 30 located on Menifee Road south of Holland Road.
DISCUSSION
In February 2025, the Riverside County Flood Control and Water Conservation District (District) reached out to the City of Menifee regarding five storm drain easements with facilities that are currently maintained by the District. The District has discovered that the dedications on the subdivision maps associated with the drainage easements were made to the public rather than to the District exclusively. The quitclaims apply to easements within the following tract maps and storm drain facilities:
TM25253-1, Portion of Lot 19 – Grand Vista Avenue Storm Drain TM25285-1, Lot 82 and Portion of Lot 52 – Kentfield Drive Storm Drain TM26798-5, Lots 1, 2, 29, and 30 – Menifee Road Storm Drain & Sunburst Drive Storm Drain
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 1
Menifee Mayor and City Council
April 1, 2026
Page
173 of 299
City of Menifee Staff Report
Storm Drain Easements – RCFC
April 1, 2026
3 1
7 9
The maps were entitled and recorded under the County of Riverside’s (County) authority, prior to the City’s incorporation. Now that easements to the County have been moved under the City’s jurisdiction, the District no longer has clear rights to the drainage easements. As such, the District has requested that the City proceed with the quitclaim deeds to reconvey these drainage easements to the District, which would allow them to continue maintaining the storm drains.
The District has provided the City with cooperative agreements between the District, the County, and the developer for each project. Upon incorporation, the City assumed responsibility for the County. Included within these agreements is a condition that the right-of-way necessary for the inspection, operation, and maintenance of the storm drain be conveyed to the District. The recommended action for this report satisfies the conditions of these agreements.
The proposed quitclaim documents apply to offers of dedication that were accepted by the County on behalf of the public for drainage purposes. Upon City Council approval, the attached quitclaim deeds would be executed and recorded.
It is important to note that approval of the attached quitclaims would not eliminate or reduce the current City street right-of-way.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with approval of this item. The District would continue to maintain the subject storm drains at their own cost.
ATTACHMENTS
1. Project Location Maps
2. Tract Map 25253-1
3. Tract Map 25285-1
4. Tract Map 26798-5
5. Quitclaim Deed QC25-012 for Parcel No. 4147-500
6. Quitclaim Deed QC25-011 for Parcel No. 4146-501
7. Quitclaim Deed QC25-010 for Parcel No. 4146-500
8. Quitclaim Deed QC25-009 for Parcel No. 4148-504
9. Quitclaim Deed QC25-008 for Parcel No. 4162-500 and 4162-501 Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 2
Menifee Mayor and City Council
April 1, 2026
Page
174 of 299
Domenigoni Parkway
Domenigoni Parkway
Newport Road
Holland Road
Antelope Road
Menifee Road
Briggs Road
TM25253-1
TM25285-1
TM26798-5
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 3
Menifee Mayor and City Council
April 1, 2026
Page
175 of 299
2,779.33 sf
QC25-012/230081
(PARCEL 4147-500)
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 4
Menifee Mayor and City Council
April 1, 2026
Page
176 of 299
1,572.19 sf
QC25-010/260158
(PARCEL 4146-500)
3,130.95 sf
QC25-011/260157
(PARCEL 4146-501)
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 5
Menifee Mayor and City Council
April 1, 2026
Page
177 of 299
QC25-009
(Parcel No 4148-504)
QC25-008/260231
(Parcel No 4162-501)
42,731.99 sf
QC25-008/260231
(Parcel No 4162-500)
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 6
Menifee Mayor and City Council
April 1, 2026
Page
178 of 299
230081
Recorded at request of, and return to:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Salt Creek - Grande Vista Avenue Storm Drain The undersigned grantor(s) declare(s) Project No. 4-0-00147 / QC25-012 DOCUMENTARY TRANSFER TAX $ NONE Tract Map No. 25253-1 DTT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL APN: Portion of 340-541-017 ENTITY OR POLITICAL SUBDIVISION R&T 11922
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF MENIFEE, a municipal corporation, does hereby remise, release, and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT , a body corporate and politic, (“RCFC”), all right, title and interest in and to the 30 -foot Drainage Easement for flood control purposes and the construction and maintenance of drainage facilities situated in the city of Menifee, County of Riverside, State of California:
As legally described in Exhibit "A" attached hereto and made a part hereof, to be referenced hereafter as RCFC Parcel No. 4147-500.
CITY OF MENIFEE,
a municipal corporation:
Date By:
ARMANDO G. VILLA,
City Manager
ATTESTS:
STEPHANIE ROSEEN
Menifee City Clerk
By:
City Clerk (SEAL)
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 7
Menifee Mayor and City Council
April 1, 2026
Page
179 of 299
230081
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
EXHIBIT "A"
LEGAL DESCRIPTION
SALT CREEK – GRANDE VISTA AVENUE STORM DRAIN
Parcel No. 4147-500
Portions of APN: 340-541-017
In the City of Menifee, County of Riverside, State of California, being that certain 30.00 foot wide Drainage Easement over Lot 19, Tract Map No. 25253 -1, filed in Book 376, Pages 7 through 10, inclusive, of Maps, records of said County.
Containing 2,725 square feet / 0.0626 acres more or less.
______________________________________
DENNIS ODENBAUGH
DATE: ______________________
7/29/2025
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 8
Menifee Mayor and City Council
April 1, 2026
Page
180 of 299
230081
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Quitclaim Deed, dated _______________________, from CITY OF MENIFEE , (“Grantor”), to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ("Grantee"), is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Date:________________ By: __________________________
JASON E. UHLEY
General Manager-Chief Engineer
Project: Salt Creek - Grande Vista Ave Storm Drain
Project No. 4-0-00147/QC25-012
APN 340-541-017
RCFC Parcel No. 4147-500
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 9
Menifee Mayor and City Council
April 1, 2026
Page
181 of 299
260157
Recorded at request of, and return to:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103)
Salt Creek – Kentfield Drive Storm Drain SPACE ABOVE THIS LINE FOR RECORDER'S USE Project No. 4-0-00146 / QC25-011 The undersigned grantor(s) declare(s) Tract Map No. 25285-1 DTT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL Portion of APN 340-403-028 ENTITY OR POLITICAL SUBDIVISION R&T 11922
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MENIFEE, a municipal corporation does hereby remise, release and forever quitclaim to the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic (“RCFC”), all right, title and interest in and to that Drainage Easement situated in the city of Menifee, County of Riverside, State of California, described as follows:
See legal description attached hereto as Exhibit "A" and made a part of, hereafter referenced as RCFC Parcel No. 4146-501.
CITY OF MENIFEE
a municipal corporation:
Date: By:
ARMANDO G. VILLA
City Manager
ATTEST:
STEPHANIE ROSEEN
Menifee City Clerk
By:
City Clerk (seal)
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 10
Menifee Mayor and City Council
April 1, 2026
Page
182 of 299
260157
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
EXHIBIT "A"
LEGAL DESCRIPTION
SALT CREEK – KENFIELD STORM DRAIN
Parcel No. 4146-501
Portion of APN: 340-403-028
In the City of Menifee, County of Riverside, State of California, being that certain Drainage Easement within Lot 52, Tract Map No. 25285-1, filed in Book 356, Pages 68 through 71, inclusive, of Maps, records of said County.
Containing 3091 square feet more or less.
______________________________________
DENNIS ODENBAUGH
DATE: ______________________
7/29/2025
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 11
Menifee Mayor and City Council
April 1, 2026
Page
183 of 299
260157
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Quitclaim Deed, dated from the CITY OF MENIFEE ( "Grantor") to RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ("Grantee"), is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Date: By:
JASON E. UHLEY
General Manager-Chief Engineer
Salt Creek – Kentfield Drive Storm Drain
Project No. 4-0-00146/QC25-011
Tract Map No. 25285-1
Portion of APN 340-403-028
RCFC Parcel No. 4146-501
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 12
Menifee Mayor and City Council
April 1, 2026
Page
184 of 299
260158
Recorded at request of, and return to:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103)
Salt Creek – Kentfield Drive Storm Drain SPACE ABOVE THIS LINE FOR RECORDER'S USE Project No. 4-0-00146 / QC25-010 The undersigned grantor(s) declare(s) Tract Map No. 25285-1 DTT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL Portion of APN 340-401-011 ENTITY OR POLITICAL SUBDIVISION R&T 11922
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MENIFEE, a municipal corporation does hereby remise, release and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic (“RCFC”), all right, title and interest in and to that Drainage Easement situated in the city of Menifee, County of Riverside, State of California, described as follows:
See legal description attached hereto as Exhibit "A" and made a part of, hereafter referenced as RCFC Parcel No. 4146-500.
CITY OF MENIFEE
a municipal corporation:
Date: By:
ARMANDO G. VILLA,
City Manager
ATTEST:
STEPHANIE ROSEEN
Menifee City Clerk
By:
City Clerk (seal)
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 13
Menifee Mayor and City Council
April 1, 2026
Page
185 of 299
260158
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
EXHIBIT "A"
LEGAL DESCRIPTION
SALT CREEK – KENFIELD STORM DRAIN, LINE A
Parcel No. 4146-500
Portion of APN: 340-401-011
In the City of Menifee, County of Riverside, State of California, being that certain Drainage Easement within Lot 82, Tract Map No. 25285-1, filed in Book 356, Pages 68 through 71, inclusive, of Maps, records of said County.
Containing 1512 square feet more or less.
______________________________________
DENNIS ODENBAUGH
DATE: ______________________
7/29/2025
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 14
Menifee Mayor and City Council
April 1, 2026
Page
186 of 299
260158
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Quitclaim Deed, dated from the CITY OF MENIFEE ( "Grantor") to RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ( "Grantee"), is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District ad opted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Date: By:
JASON E. UHLEY
General Manager-Chief Engineer
Salt Creek – Kentfield Drive Storm Drain
Project No. 4-0-00146/QC25-010
Tract Map No. 25285-1
Portion of APN 340-401-011
RCFC Parcel No. 4146-500
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 15
Menifee Mayor and City Council
April 1, 2026
Page
187 of 299
260229
Recorded at request of, and return to:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103)
Menifee Lakes – Menifee Road Storm Drain SPACE ABOVE THIS LINE FOR RECORDER'S USE Project No. 4-0-00148 / QC25-009 The undersigned grantor(s) declare(s) Tract Map No. 26798-5 DTT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL Portion of APN 372-260-001 ENTITY OR POLITICAL SUBDIVISION R&T 11922
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MENIFEE, a municipal corporation , does hereby remise, release and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic , (“RCFC”), all right, title and interest in and to that Drainage Easement situated in the city of Menifee, County of Riverside, State of California, described as follows:
See legal description attached hereto as Exhibit "A" and made a part of, hereafter referenced as RCFC Parcel No. 4148-504.
CITY OF MENIFEE
a municipal corporation:
Date: By:
ARMANDO G. VILLA
City Manager
ATTEST:
STEPHANIE ROSEEN
Menifee City Clerk
By:
City Clerk (seal)
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 16
Menifee Mayor and City Council
April 1, 2026
Page
188 of 299
260229
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
EXHIBIT "A"
LEGAL DESCRIPTION
MENIFEE LAKES-MENIFEE ROAD STORM DRAIN - LINE F
Parcel No. 4148-504
Portion of APN: 372-260-001
In the City of Menifee, County of Riverside, State of California, being that certain Drainage Easement, within Lot 1, Tract No. 26798-5, filed in Book 327, Pages 93 through 96, inclusive, of Maps, records of said County.
Containing 60 square feet more or less.
______________________________________
DENNIS ODENBAUGH
DATE: ______________________
7/29/2025
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 17
Menifee Mayor and City Council
April 1, 2026
Page
189 of 299
260229
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Quitclaim Deed, dated from the CITY OF MENIFEE , ("Grantor") to RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ("Grantee"), is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District ad opted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Date: By:
JASON E. UHLEY
General Manager-Chief Engineer
Project: Menifee Lakes – Menifee Road Storm Drain
Project No. 4-0-00148/QC25-009
Tract Map No. 26798-5
Portion of APN 372-260-001
RCFC Parcel No. 4148-504
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 18
Menifee Mayor and City Council
April 1, 2026
Page
190 of 299
260231
Recorded at request of, and return to:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, California 92501
NO FEE (GOV. CODE 6103)
Menifee Lakes – Sunburst Drive Storm Drain SPACE ABOVE THIS LINE FOR RECORDER'S USE Project No. 4-0-00162 / QC25-008 The undersigned grantor(s) declare(s) Tract Map No. 26798-5 DTT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL Portion of APNs 372-260-001, 002, 029 and 030 ENTITY OR POLITICAL SUBDIVISION R&T 11922
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, the CITY OF MENIFEE, a municipal corporation , does hereby remise, release and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic (“RCFC”), all right, title and interest in and to that Ingress/Egress Easement and Drainage Easement situated in the city of Menifee, County of Riverside, State of California, described as follows:
See legal description attached hereto as Exhibit "A" and made a part of, with said Ingress/Egress Easement hereafter referenced as RCFC Parcel No. 4 162-500 and Drainage Easement hereafter referenced as RCFC Parcel No. 4162-501, respectively.
CITY OF MENIFEE
a municipal corporation:
Date: By:
ARMANDO G. VILLA
City Manager
ATTEST:
STEPHANIE ROSEEN
Menifee City Clerk
By:
City Clerk (seal)
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 19
Menifee Mayor and City Council
April 1, 2026
Page
191 of 299
260231
RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
EXHIBIT "A"
LEGAL DESCRIPTION
MENIFEE LAKES-SUNBURST DRIVE STORM DRAIN - LINE A
Parcel No. 4162-500
Portion of APN: 372-260-001, 002, 029 & 030
In the City of Menifee, County of Riverside, State of California, being that certain Ingress/Egress Easement, over Lots 1, 2, 29 and 30, Tract No. 26798-5, filed in Book 327, Pages 93 through 96, inclusive, of Maps, records of said County.
Containing 42,983 square feet, more or less.
Parcel No. 4162-501
Portion of APN: 372-260-030
In the City of Menifee, County of Riverside, State of California, being that certain Drainage Easement, within Lot 30 , Tract No. 26798-5, filed in Book 327, Pages 93 through 96, inclusive, of Maps, records of said County.
Containing 138 square feet more or less.
______________________________________
DENNIS ODENBAUGH
DATE: ______________________
7/29/2025
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 20
Menifee Mayor and City Council
April 1, 2026
Page
192 of 299
260231
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Quitclaim Deed, dated from the CITY OF MENIFEE , ("Grantor") to RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ("Grantee"), is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District ad opted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
Date: By:
JASON E. UHLEY
General Manager-Chief Engineer
Menifee Lakes – Sunburst Drive Storm Drain
Project No. 4-0-00162/QC25-008
Tract Map No. 26798-5
Portion of APNs 372-260-001, 002, 029 and 030
RCFC Parcel Nos. 4162-500 and 501
Item Title: 10.8
Quitclaim
Deeds
to
Riverside
County
Flood
Control
and
Water
Conservation
District
for
Storm
Drainage
Easements
Associated
with
Tract Maps 25253-1, 25285-1 and 26798-5
Item Page Number: 21
Menifee Mayor and City Council
April 1, 2026
Page
193 of 299
CITY OF MENIFEE
SUBJECT: First Reading and Introduction of an Ordinance Amending Ordinance No. 2025-406 to Modify Certain Definitions and to Establish Construction Cost Index Adjustments to the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program and Resolution Amending the Applicable TUMF
MEETING DATE: April 1, 2026
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. Introduce an ordinance amending Ordinance No. 2025-406 to modify certain definitions and to establish Construction Cost Index adjustments to the Western Riverside County Transportation Uniform Mitigation Fee (TUMF); and
2. Adopt a resolution implementing the initial Construction Cost Index adjustment for TUMF applicable to all developments in the City of Menifee.
DISCUSSION
The City of Menifee (City) is a Member Jurisdiction of the Western Riverside Council of Governments (WRCOG), a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. Acting in concert, in 2002 - 2003 the WRCOG Member Jurisdictions developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials due to new development in Western Riverside County could be supported, in part, by a Transportation Uniform Mitigation Fee (TUMF) charged to future residential, commercial and industrial development. Member Jurisdictions of WRCOG participated in the preparation of a certain “Western Riverside County Transportation Uniform Fee Nexus Study” (2002 Nexus Study) later adopted by the WRCOG Executive Committee. Based on the 2002 Nexus Study, and following the City’s incorporation in 2008, the City adopted Ordinance No. 2009-40 authorizing the City’s participation in the TUMF Program.
Since the inception of the program, and the City’s participation in it as a participating jurisdiction, a number of updates have been made to the TUMF program to reflect changing regional Item Title: 11.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
Ordinance
No.
2025-406
to
Modify
Certain
Definitions
and
to
Establish
Construction
Cost
Index
Adjustments
to
the
Western
Riverside
County
Transportation
Uniform
Mitigation
Fee
(TUMF)
Program
and
Resolution Amending the Applicable TUMF
Item Page Number: 1
Menifee Mayor and City Council
April 1, 2026
Page
194 of 299
City of Menifee Staff Report
TUMF Ordinance Amendment 2026 CCI Adjustment
April 1, 2026
3 1
7 7
transportation needs, address construction industry cost changes, and maintain compliance with new and existing laws. In 2024, and pursuant to the Mitigation Fee Act (Gov. Code §§ 66000 et seq.), WRCOG prepared the most recent nexus study (“2024 Nexus Study”) to update the TUMF.
In September 2024, the WRCOG Executive Committee reviewed the 2024 Nexus Study and recommended TUMF Participating Jurisdictions update their fees by amending their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction. On February 19, 2025, the City Council approved Ordinance No. 2025-406 (TUMF Ordinance) which adopted the 2024 Nexus Study and its findings.
Section 4.C. of the TUMF Ordinance authorizes periodic review and adjustment of the fee schedule to reflect changes in actual and estimated costs of the regional transportation system it supports. The TUMF Administrative Plan, which sets the administrative procedures for the program, specifically requires that Construction Cost Index (CCI) adjustments to be brought to the WRCOG Executive Committee on an annual basis. Timely CCI adjustments are a key to ensuring that the TUMF being collected keeps pace with the rising cost of constructing transportation infrastructure.
The proposed ordinance amends the TUMF Ordinance to establish an automatic CCI adjustment to be applied to the TUMF Fee Schedule annually based on specific inflationary indices and sets a cap of annual inflationary CCI adjustments at five percent (5%). It also provides minor updates to clarify the program definitions previously established for multi-family and single-family residential units. The actual fee adjustments to the TUMF schedule would be established through the proposed resolution.
The proposed resolution would adjust the Fee Schedule for TUMF by implementing a 2.6% CCI adjustment for 2026 effective July 1, 2026, as follows:
1. $12,705 per single family residential unit 1,800 square feet or less
2. $14,292 per single family residential unit between 1,801 and 2,300 square feet
3. $15,881 per single family residential unit between 2,301 and 2,700 square feet
4. $19,851 per single family residential unit greater than 2,700 square feet
5. $8,021 per multi-family residential unit
6. $2.39 per square foot of an industrial project
7. $7.92 per square foot of a retail commercial project
8. $5.02 per square foot of a service commercial project
9. $2.51 per square foot of a service Class A and B Office The proposed resolution would only go into effect if the proposed ordinance were to be adopted.
If approved, the proposed ordinance and resolution would result in the implementation of the adjusted Fee Schedule for TUMF for the City of Menifee, becoming effective 60 calendar days following the ordinance adoption (Government Code §§ 66000). In the case of the annual CCI adjustment, the initial automatic CCI adjustment would be effective July 1, 2026, and occur annually each July 1st of future years.
Participation in the TUMF program has been a critical tool for the City in funding major transportation projects in the Five-Year Capital Improvement Program (CIP). During the last five years, TUMF funding has been allocated to construct major transportation CIP projects including the Holland Road/I-215 Overcrossing and Scott Road/I-215 Interchange.
Item Title: 11.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
Ordinance
No.
2025-406
to
Modify
Certain
Definitions
and
to
Establish
Construction
Cost
Index
Adjustments
to
the
Western
Riverside
County
Transportation
Uniform
Mitigation
Fee
(TUMF)
Program
and
Resolution Amending the Applicable TUMF
Item Page Number: 2
Menifee Mayor and City Council
April 1, 2026
Page
195 of 299
City of Menifee Staff Report
TUMF Ordinance Amendment 2026 CCI Adjustment
April 1, 2026
3 1
7 7
Future TUMF supported projects in the City include:
Scott Road Widening Project (Sunset Avenue to I-215)
I- 215 and McCall Blvd. Interchange widening
I-215 and Garbani Interchange
Menifee Road widening from Scott Road to Garbani Road
Holland Road widening from Haun Road to Bradley Road
Each of the constructed and future projects mentioned above provides a local and regional benefit to the City and surrounding communities by providing additional travel lanes and multi-modal connectivity options to support growth in the region.
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
There is no additional fiscal impact associated with this item. Costs incurred for legally required publication of public hearing notices have been absorbed in the current fiscal year 2025/2026 Operating Budget in the Engineering division under Legal Advertising (1100-PWD-ENGR- 651400).
The collection and distribution of TUMF funding continues to be administered by WRCOG. Fees are collected from developers and held by WRCOG until such time as an approved project has incurred expenses, paid from TUMF Fund 2310, and a request for reimbursement of TUMF funding on the project is submitted by the City. Approval of this item would ensure that TUMF collected in the future reflects the most current anticipated project costs to adequately support TUMF designated projects.
ATTACHMENTS
1. Ordinance
2.Resolution
Item Title: 11.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
Ordinance
No.
2025-406
to
Modify
Certain
Definitions
and
to
Establish
Construction
Cost
Index
Adjustments
to
the
Western
Riverside
County
Transportation
Uniform
Mitigation
Fee
(TUMF)
Program
and
Resolution Amending the Applicable TUMF
Item Page Number: 3
Menifee Mayor and City Council
April 1, 2026
Page
196 of 299
1 ORDINANCE NO. 2026-
AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING ORDINANCE NO. 2025-406 TO MODIFY CERTAIN DEFINITIONS AND TO ESTABLISH
CONSTRUCTION COST INDEX ADJUSTMENTS TO THE WESTERN RIVERSIDE
COUNTY TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM WHEREAS, the City of Menifee is a member agency of the Western Riverside Council of Governments (“WRCOG”), a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. Acting in concert, the WRCOG Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials in Western Riverside County (the “Regional System”) could be made up in part by a Transportation Uniform Mitigation Fee ( “TUMF”) on future residential, commercial , and industrial development; and
WHEREAS, in furtherance of this plan, the WRCOG Executive Committee adopted the “Western Riverside County Transportation Uniform Fee Nexus Study”, dated October 18, 2002 (the “2002 Nexus Study”); and
WHEREAS, based on the 2002 Nexus Study, the City adopted Ordinance 2009- 40 on or about June 2, 2009, (the “TUMF Ordinance”) pursuant to California Government Code sections 66000 et seq. (the “Mitigation Fee Act”) authorizing the City to impose the Transportation Uniform Mitigation Fee (“TUMF”) upon new development; and
WHEREAS, in 2016, the TUMF Nexus Study (“2016 Nexus Study”) was updated for the purpose of updating the fees. On July 10, 2017, the WRCOG Executive Committee reviewed the 2016 Nexus Study and TUMF Program and recommended TUMF Participating Jurisdictions amend their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction in order to update the TUMF Program; and
WHEREAS, on or about October 4, 2017 , the City adopted Ordinance No. 2017-229 which adopted the 2016 Nexus Study and updated the TUMF; and
WHEREAS, in 2018, the TUMF Program was altered to adopt a process in which WRCOG calculates and collects TUMF on behalf of member agencies under the Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2018; and WHEREAS, the City adopted Ordinance No. 2019- 268 on or about March 6, 2019, allowing WRCOG to calculate and collect TUMF on behalf of the City; and WHEREAS, WRCOG, with the assistance of TUMF Participating Jurisdictions, prepared an updated nexus study entitled “Transportation Uniform Mitigation Fee Nexus Study: 2024 Update” (“2024 Nexus Study”) pursuant to California Government Code sections 66000 et seq. (the Mitigation Fee Act), for the purpose of updating the fees; and
WHEREAS, in September 2024, the WRCOG Executive Committee reviewed the 2024 Nexus Study and TUMF Program and recommended TUMF Participating Jurisdictions amend their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction in order to update the TUMF Program; and
WHEREAS, on or about February 19, 2025, the City Council approved Ordinance No. 2025-406 which adopted the 2024 Nexus Study and its findings; and Item Title: 11.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
Ordinance
No.
2025-406
to
Modify
Certain
Definitions
and
to
Establish
Construction
Cost
Index
Adjustments
to
the
Western
Riverside
County
Transportation
Uniform
Mitigation
Fee
(TUMF)
Program
and
Resolution Amending the Applicable TUMF
Item Page Number: 4
Menifee Mayor and City Council
April 1, 2026
Page
197 of 299
2 WHEREAS, the TUMF Administrative Plan calls for a Construction Cost Index (“CCI”) adjustment to be brought forth to the WRCOG Executive Committee on an annual basis; and WHEREAS, on December 1, 2025, the WRCOG Executive Committee approved the implementation of an automatic CCI adjustment for all TUMF land uses tied to the September indices of the National Association of Realtors and Engineering News Record with a cap at five percent (5%) of any annual adjustments; and
WHEREAS, an automatic CCI adjustment ensures that fee levels keep pace with increases in cost of constructing transportation projects and avoids large increases at the time of each comprehensive TUMF Nexus Study update; and
WHEREAS, this approach also allows for consistency and predictability for the TUMF Program, while ensuring that the fair share principles under the Mitigation Fee Act, are satisfied; and WHEREAS, the City Council desires to provide for automatic inflationary adjustments to the TUMF to reflect changes in construction costs over time, without modifying the underlying fee nexus, land use assumptions, or fee methodology; and
WHEREAS, this Ordinance also includes minor updates to the definitions portion of the previous Ordinance to clarify the definitions of certain residential units.
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:
Section 1. Title.
This Ordinance shall be know n as “Amendment No. 1 to the Western Riverside County Transportation Uniform Mitigation Fee Program of 2025” (this “Ordinance”) Section 2. The above recitals are true and correct and are incorporated herein by this reference.
Section 3. The definition of “Multi -Family Residential Unit” outlined in Section 3. H. (inadvertently labeled as a second Section 3.G.; now corrected to Section 3.H.) of Ordinance No. 2025- 406 is hereby amended to read as follows:
“H. “Multi-Family Residential Unit” means a residential dwelling unit that is physically attached to one or more other dwelling units by a shared wall, floor, ceiling, roof, or structural foundation, regardless of the lot or parcel configuration, ownership structure, or type of subdivision (including condominium subdivisions). Multi -family residential units include, but are not limited to, duplexes, townhomes, apartments, and condominiums with attached units. As outlined in the Ordinance, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), as defined by state law, are exempt from TUMF and shall not be counted in determining residential land use classification.” Section 4. The definition of “Single Family Residential Unit” outlined in Section 3. N. of Ordinance No. 2025-406 is hereby amended to read as follows:
“N. “Single Family Residential Unit” means a residential dwelling unit that is physically detached from any other dwelling unit, sharing no common wall, floor, ceiling, roof, or structural foundation with another dwelling unit, regardless of the lot or parcel configuration, ownership structure, or type of subdivision (including condominium subdivisions). As outlined in the Ordinance, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), as defined by state law, are exempt from TUMF and shall not be counted in determining residential land use classification.” Item Title: 11.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
Ordinance
No.
2025-406
to
Modify
Certain
Definitions
and
to
Establish
Construction
Cost
Index
Adjustments
to
the
Western
Riverside
County
Transportation
Uniform
Mitigation
Fee
(TUMF)
Program
and
Resolution Amending the Applicable TUMF
Item Page Number: 5
Menifee Mayor and City Council
April 1, 2026
Page
198 of 299
3 Section 5. Section 4.C. of Ordinance No. 2025-406 is hereby amended to read as follows:
“C. Fee Adjustment. The fee schedule may also be periodically reviewed and the amounts adjusted by the WRCOG Executive Committee. By amendment to the Resolution referenced in subsection A, above, the fees may be increased or decreased to reflect the changes in actual and estimated costs of the Regional System including, but not limited to, debt service, lease payments and construction costs. The adjustment of the fees may also reflect changes in the facilities required to be constructed, in estimated revenues received pursuant to this Ordinance, as well as the availability or lack thereof of other funds with which to construct the Regional System. WRCOG shall review the TUMF Program no less than every four (4) years after the effective date of this Ordinance.
1. Beginning July 1, 2026, and annually thereafter, the TUMF shall be automatically adjusted to reflect changes in construction costs.
The annual adjustment shall be calculated by WRCOG based on a blended Construction Cost Index derived from: (1) the National Association of Realtors – Median Sales Price of Existing Single-Family Homes, and (2) the Engineering News -Record (ENR) Constructio n Cost Index, using the September values of each index from the prior calendar year.
The percentage adjustment applied to the TUMF shall equal the annual percentage change in the blended index; provided, however, that in no event shall the annual adjustment exceed five percent (5%), whether positive or negative.
The calculated adjustment shall be implemented on July 1 of the year following index calculation.
If either referenced index is discontinued or materially altered, WRCOG shall apply a comparable, industry -recognized index that most closely reflects regional transportation construction costs.”
Section 6. Effect. No provisions of this Ordinance shall entitle any person who has already paid the TUMF to receive a refund, credit, or reimbursement of such payment. This Ordinance does not create any new TUMF.
Section 7. 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 por tion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 8. No Procedural Defenses. Prohibition of Jurisdictions from raising procedural defenses, including without limitation a statute of limitations, laches, the California Government Tort Claims Act, and necessary parties in a dispute with WRCOG regarding the matters set forth herein.
Section 9. Judicial Review. In accordance with State law, any judicial action or proceeding to attack, review, set aside, void or annul this Ordinance shall be commenced within ninety (90) days of the date of adoption of this Ordinance.
Section 10. This Ordinance amends certain provisions of Ordinance No. 2025-406 provided this Ordinance is not declared invalid or unenforceable by a court of competent jurisdiction. If, for whatever reason, this Ordinance is declared invalid or unenforceable by a court of competent jurisdiction, Item Title: 11.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
Ordinance
No.
2025-406
to
Modify
Certain
Definitions
and
to
Establish
Construction
Cost
Index
Adjustments
to
the
Western
Riverside
County
Transportation
Uniform
Mitigation
Fee
(TUMF)
Program
and
Resolution Amending the Applicable TUMF
Item Page Number: 6
Menifee Mayor and City Council
April 1, 2026
Page
199 of 299
4 Ordinance No. 2025-406 and all other related ordinances and policies shall remain in full force and effect as if this Ordinance were not adopted.
Section 11. Effective Date. This ordinance shall take effect 60 days from the date of its adoption.
Section 12. 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 1st day of April, 2026, and APPROVED AND ADOPTED this 15th day of April, 2026.
___________________________
Bob Karwin, Mayor Pro Tem
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
Amending
Ordinance
No.
2025-406
to
Modify
Certain
Definitions
and
to
Establish
Construction
Cost
Index
Adjustments
to
the
Western
Riverside
County
Transportation
Uniform
Mitigation
Fee
(TUMF)
Program
and
Resolution Amending the Applicable TUMF
Item Page Number: 7
Menifee Mayor and City Council
April 1, 2026
Page
200 of 299
1 RESOLUTION NO. 26-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
AMENDING THE APPLICABLE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF MENIFEE WHEREAS, the City of Menifee (“City”) is a member agency of the Western Riverside Council of Governments (“WRCOG”), a joint powers agency comprised of the County of Riverside and eighteen cities located in Western Riverside County; and
WHEREAS, the member agencies of WRCOG recognized that there was insufficient funding to address the impacts of new development on the regional system of highways and arterials in Western Riverside County (the “Regional System”); and
WHEREAS, in order to address this shortfall, the member agencies formulated a plan whereby a transportation mitigation fee would be assessed on new development and would be used to fund the necessary improvements for the Regional System; and
WHEREAS, WRCOG, with the assistance of TUMF Participating Jurisdictions, prepared an updated nexus study entitled “Transportation Uniform Mitigation Fee Nexus Study: 2024 Update” (“2024 Nexus Study”) pursuant to California Government Code sections 66000 et seq. (the “Mitigation Fee Act”), for the purpose of updating the fees; and
WHEREAS, in September 2024, the WRCOG Executive Committee reviewed the 2024 Nexus Study and TUMF Program and recommended TUMF Participating Jurisdictions amend their applicable TUMF ordinances to reflect changes in the TUMF network and the cost of construction in order to update the TUMF Program; and
WHEREAS, consistent with its previous findings made in the adoption of Ordinance No. 2025- 406, the City Council has been informed and advised, and hereby finds, that if the capacity of the Regional System is not enlarged and unless development contributes to the cost of improving the Regional System, the result will be substantial traffic congestion in all parts of Western Riverside County, with unacceptable Levels of Service. Furthermore, the failure to mitigate growing traffic impacts on the Regional System will substantially impair the ability of public safety services (police and fire) to respond and, thus, adversely affect the public health, safety and welfare. Therefore, continuation of a TUMF Program is essential; and
WHEREAS, the City Council finds and determines that there is a reasonable and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health, and welfare of the residential and non-residential users of the development in which the TUMF will be levied; and
WHEREAS, the City Council finds and determines that there is a reasonable and rational relationship between the need for the improvements to the Regional System and the type of development projects on which the TUMF is imposed because it will be necessary for the residential and non- residential users of such projects to have access to the Regional system. Such development will benefit from the Regional System improvements and the burden of such developments will be mitigated in part by payment of the TUMF; and
Item Title: 11.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
Ordinance
No.
2025-406
to
Modify
Certain
Definitions
and
to
Establish
Construction
Cost
Index
Adjustments
to
the
Western
Riverside
County
Transportation
Uniform
Mitigation
Fee
(TUMF)
Program
and
Resolution Amending the Applicable TUMF
Item Page Number: 8
Menifee Mayor and City Council
April 1, 2026
Page
201 of 299
TUMF 2026 Construction Cost Index Fee Schedule Update
2 5
2 0
3 5
WHEREAS, the City Council previously found and determined that the cost estimates set forth in the 2024 Nexus Study were and continue to be reasonable cost estimates for constructing the Regional System improvements and the facilities that compromise the Regional System, and that the amount of the TUMF expected to be generated by new development will not exceed the total fair share cost to such development; and
WHEREAS, the fees collected pursuant to the TUMF Ordinance shall be used to help pay for the design, planning, construction of and real property acquisition for the Regional System improvements and its facilities as identified in the 2024 Nexus Study. The need for the improvements and facilities is related to new development because such development results in additional traffic and creates the demand for the improvements; and
WHEREAS, by notice duly given and published, the City Council set the time and place for a public hearing on the fees proposed herein; and
WHEREAS, at the time and place set for the hearing, the City Council duly considered data and information provided by the public relative to the cost of the improvements and facilities for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing; and
WHEREAS, Section 4.C. of Ordinance No. 2025-406, authorizes periodic review and adjustment to the applicable TUMF in accordance with any adjustments made by the WRCOG Executive Committee; and
WHEREAS, on or about April 1, 2026, Ordinance No. 2026-XXX, was introduced. If adopted, that Ordinance will amend Ordinance 2025-406 to modify certain definitions and establish an annual automatic construction cost index (“CCI”) adjustment to the TUMF as Section 4.C.1. of Ordinance No. 2025-406; and
WHEREAS, the purpose of this Resolution is to implement the initial automatic CCI adjustment as provided for in Ordinance No. 2025-406, if amended; and WHEREAS, further CCI adjustments shall be automatically implemented, without the need for City Council action, pursuant to Section 4.C.1. of Ordinance No. 2025-406, if amended; and WHEREAS, the automatic CCI adjustment implemented by this Resolution is inflationary only and does not modify the underlying fee nexus, land use assumptions, improvement program, or proportionality findings previously adopted by the City Council; and WHEREAS, the fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the Nexus Study; and WHEREAS, the levying of TUMF has been reviewed by the City Council and staff in accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines and it has been determined that the adoption of this Resolution is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
Item Title: 11.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
Ordinance
No.
2025-406
to
Modify
Certain
Definitions
and
to
Establish
Construction
Cost
Index
Adjustments
to
the
Western
Riverside
County
Transportation
Uniform
Mitigation
Fee
(TUMF)
Program
and
Resolution Amending the Applicable TUMF
Item Page Number: 9
Menifee Mayor and City Council
April 1, 2026
Page
202 of 299
TUMF 2026 Construction Cost Index Fee Schedule Update
3 5
2 0
3 5
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:
Section 1.Findings. The recitals set forth above are hereby adopted as findings in support of this Resolution. In addition, the City Council re-adopts the findings contained in Section 2 of Ordinance No. 2025-406 in support of the adjusted TUMF contained herein.
Section 2.TUMF Schedule. In accordance with Section 4.C.1. of Ordinance No. 2025-406, if amended, there is hereby adopted the following fee schedule implementing the initial CCI adjustment for the TUMF, which replaces the fee schedule set forth in Section 2 of Resolution No. 25-1534 in its entirety as of July 1, 2026, and which shall go into effect upon the Effective Date set forth in Section 4, below:
(1) $12,705 per single family residential unit 1,800 square feet or less (2) $14,292 per single family residential unit between 1,801 and 2,300 square feet (3) $15,881 per single family residential unit between 2,301 and 2,700 square feet (4) $19,851 per single family residential unit greater than 2,700 square feet (5) $8,021 per multi-family residential unit
(6) $2.39 per square foot of an industrial project
(7) $7.92 per square foot of a retail commercial project (8) $5.02 per square foot of a service commercial project (9) $2.51 per square foot of a service Class A and B Office Section 3.CEQA Findings. The City Council hereby finds that in accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines the adoption of this Resolution is exempt from CEQA pursuant to Section 15061(b)(3).
Section 4.Effective Date. This Resolution shall become on July 1, 2026 if Ordinance 2026-XXX is adopted by the City Council before that date.
PASSED, APPROVED AND ADOPTED this Day day of Month, Year ___________________________
Bob Karwin, Mayor Pro Tem
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
Amending
Ordinance
No.
2025-406
to
Modify
Certain
Definitions
and
to
Establish
Construction
Cost
Index
Adjustments
to
the
Western
Riverside
County
Transportation
Uniform
Mitigation
Fee
(TUMF)
Program
and
Resolution Amending the Applicable TUMF
Item Page Number: 10
Menifee Mayor and City Council
April 1, 2026
Page
203 of 299
CITY OF MENIFEE
SUBJECT: First Reading and Introduction of an Ordinance Amending the Menifee Municipal Code to Update Improvement Security
Requirements Consistent with California Law and City
Procedures
MEETING DATE: April 1, 2026
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. Introduce an ordinance amending Menifee Municipal Code Sections 7.40.030, 7.80.050,
7.80.060, 7.90.090, and 7.90.120 to update improvement security requirements consistent with California Law and City procedures.
DISCUSSION
California law contains requirements related to the security (bonds, deposits, letters of credit, etc) for survey monuments, subdivisions, and public works and improvements, including the requirements of Civil Code section 9554 and Government Code sections 66495 et seq. and 66499 et seq. These requirements generally apply to any subdivision or public work project, as well as to certain other maps for development in the City of Menifee (City).
These laws, as well as City practices related to survey monuments, subdivisions, and public works and improvements have developed since the City’s last updates of the Menifee Municipal Code (MMC), and require amendments to MMC Sections 7.40.030, 7.80.050, 7.80.060, 7.90.090, and
7.90.120 to ensure consistency and provide clarity on improvement security requirements for applicants and implementing staff. The sections proposed to be amended are as follows:
Section 7.40.030: This section relates to survey monument requirements. Amendments are proposed to clarify the types of agreement and improvement security necessary, and procedures for release of the same.
Section 7.80.050: This section relates to subdivision improvement requirements.
Amendments are proposed to clarify the types of agreement and improvement security necessary, and procedures for release of the same.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
the
Menifee
Municipal
Code
to
Update
Improvement
Security
Requirements Consistent with California Law and City Procedures Item Page Number: 1
Menifee Mayor and City Council
April 1, 2026
Page
204 of 299
City of Menifee Staff Report
Ordinance Amending Sections of MMC Chapter 7
April 1, 2026
3 0
3 1
Section 7.80.060: This section relates to final completion and inspection of improvements.
Amendments are to remove portions that are already addressed in Section 7.80.050 as amended.
Section 7.90.090: This section relates to the issuance of grading permits. A minor amendment is proposed to reflect the change in the title of Section 7.90.120 addressed below.
Section 7.90.120: This section relates to grading requirements. Amendments are proposed to clarify the types of agreement and improvement security necessary, and procedures for release of the same.
The proposed MMC amendments would clarify the types, amounts, and procedures for release of improvement security and related documentation required consistent with applicable laws and City practices. The amendments would apply City-wide.
Recently, in an effort to support the City’s Strategic Objective to streamline development processes and support a business-friendly environment, the Public Works Engineering Land Development Division completed a comprehensive review and update of all mapped and non- mapped improvement agreement templates used in the final engineering phases of development projects. The proposed amendments would aid both staff and the public in understanding and implementing the revised MMC provisions.
Environmental Review
The proposed ordinance is exempt from CEQA pursuant to State CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3) in that the proposed MMC amendments will not result in a direct or reasonably foreseeable indirect physical change in the environment, nor will they have the potential of creating a significant effect on the environment.
STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Ordinance
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
the
Menifee
Municipal
Code
to
Update
Improvement
Security
Requirements Consistent with California Law and City Procedures Item Page Number: 2
Menifee Mayor and City Council
April 1, 2026
Page
205 of 299
ORDINANCE NO. 2026-
AN ORDINANCE OF THE CITY OF MENIFEE,
CALIFORNIA, AMENDING MENIFEE MUNICIPAL CODE
SECTIONS 7.40.030, 7.80.050, 7.80.060, 7.90.090, AND
7.90.120 TO UPDATE IMPROVEMENT SECURITY
REQUIREMENTS CONSISTENT WITH CALIFORNIA LAW
AND CITY PROCEDURES
WHEREAS, California law contains requirements related to the security of survey monuments, subdivisions, and public works and improvements, including the requirements of Civil Code section 9554 and Government Code sections 66495 et seq. and 66499 et seq.; and
WHEREAS, the City Council of the City of Menifee desires to amend Menifee Municipal Code (MMC) Sections 7.40.030, 7.80.050, 7.80.060, 7.90.090, and 7.90.120 to update security requirements for survey monuments, subdivisions, and public works and improvements consistent with the requirements of applicable law and City policies and practices; and
WHEREAS, the City Council of the City of Menifee has determined that this Ordinance is in the best interests of the citizens of the City and is important to the overall quality of life in the City; and
WHEREAS, the City Council of the City of Menifee has determined that the adoption of this Ordinance is not considered a “project” pursuant to the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA) and is otherwise exempt from CEQA review pursuant to the “common sense exemption” in Section 15061 of the CEQA Guidelines; and
WHEREAS, on April 1, 2026, the City Council of the City of Menifee held a duly noticed public meeting at which time members of the public had the opportunity to review the documents presented to the City Council and provide oral comments to the City Council concerning this Ordinance.
NOW, THEREFORE, the City Council of the City of Menifee, California, does ordain as follows:
Section 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference.
Section 2.Adoption of Municipal Code Amendment. The City Council of the City of Menifee hereby amends the Menifee Municipal Code as set forth in Exhibit A hereto.
Exhibit A shows the changes to the existing Menifee Municipal Code with underlining of additions and strikeout of deletions.
Section 3. CEQA. The City Council of the City of Menifee finds that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines Sections Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
the
Menifee
Municipal
Code
to
Update
Improvement
Security
Requirements Consistent with California Law and City Procedures Item Page Number: 3
Menifee Mayor and City Council
April 1, 2026
Page
206 of 299
5 1
2 4
6 15060(c)(2) and 15061(b)(3) in that the proposed changes will not result in a direct or reasonably foreseeable indirect physical change in the environment, nor will they have the potential of creating a significant effect on the environment.
Section 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 5.Effective Date. This Ordinance shall take effect thirty (30) days after 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 1st day of April 2026 and APPROVED AND ADOPTED this 15th of April, 2026.
___________________________
Bob Karwin, Mayor Pro Tem
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
the
Menifee
Municipal
Code
to
Update
Improvement
Security
Requirements Consistent with California Law and City Procedures Item Page Number: 4
Menifee Mayor and City Council
April 1, 2026
Page
207 of 299
5 1
2 4
6 EXHIBIT A
AMENDMENTS TO MENIFEE MUNICIPAL CODE
1. Amendments to Section 7.40.030
§ 7.40.030 SURVEY AND MONUMENTS REQUIRED.
(A) An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor authorized to practice land surveying by the State of California, pursuant to the requirements of the City Engineer. All information required by city standards shall be incorporated into the survey. (B) At the time of making the survey for the final map or parcel map, or within two years from the complete and timely filing of the final map or parcel map, whichever occurs first, the civil engineer or surveyor shall set sufficient durable monuments to conform with the standards of the Map Act and city standards.
(C) The City Engineer may waive the requirements in divisions (A) and (B) of this section for parcel maps at his or her discretion.
(D) Survey monuments require an improvement agreement or survey monument agreement, and monument security consistent with Government Code section 66495 et seq., for any survey monuments and/or tie-ins included in the improvements in the amount of one hundred percent (100%) of the estimated cost of survey monuments and tie-ins. This security shall be a surety bond in a form approved by the City Attorney, a cash deposit with the city or a responsible escrow agent or trust company, at the city’s option, or other form of security, including a lien or other security interest in real property, which the City Manager or designee may, in their discretion, allow, provided they determine that it is equivalent to the foregoing forms of security in terms of security and liquidity. This security shall be released within thirty (30) days of final completion of the work required by the improvement agreement or survey monument agreement as applicable. The city may retain from the security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees.
2. Amendments to Section 7.80.050
§ 7.80.050 SUBDIVISION IMPROVEMENT AGREEMENTS AND SECURITY.
Pursuant to the Map Act, if any public improvement required as part of the approval of the subdivision will not be completed and accepted in accordance with § 7.80.060 (Completion of Improvements) prior to approval of the final map, the subdivider, at his or her expense, shall be required to enter into a subdivision improvement agreement with the city to complete such public improvements in accordance with § 7.80.060 (Completion of Improvements). Performance of the agreement shall be guaranteed by the security specified in this section.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
the
Menifee
Municipal
Code
to
Update
Improvement
Security
Requirements Consistent with California Law and City Procedures Item Page Number: 5
Menifee Mayor and City Council
April 1, 2026
Page
208 of 299
5 1
2 4
6 (A) The form and content of subdivision improvement agreements shall be approved by the City Attorney. The agreement shall include, but not be limited to, the following minimum terms and conditions:
(1) Construction of all improvements as set forth in the approved plans and specifications.
(2) The maximum period within which all improvements shall be completed to the satisfaction of the City Engineer.
(3) Provisions for inspection of all improvements by the City Engineer and payment of fees by the subdivider for the cost of such inspection and all other incidental costs incurred by the city in enforcing the agreement.
(4) A provision that if the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the city may, at its option, complete the required improvement work and the subdivider and his or her surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the city in completing such work, including interest from the date of notice of the cost and expense until paid. (5) A provision that, in the event of litigation occasioned by a default of the owner or subdivider, his or her successors or assignees, the owner or subdivider, his or her successors or assignees will pay all costs involved, including reasonable attorneys’ fees, and that the same may be recovered as part of a lien against the real property. (6) Additional terms or provisions, as may be necessary, pertaining to the forfeiture, collection, and disposition of improvement security upon the failure of the contracting party to comply with the terms and provisions thereof or with the terms and provisions of this title.
(B) Subdivision improvement agreements shall be valid for a period specified in the agreement, but not to exceed two years from the effective date of the agreement. The City Engineer may, in his or her discretion, extend the term of the subdivision improvement agreement. The agreement shall not only bind the present subdivider, but also his or her heirs, successors, executors, administrators, and assignees, so that the obligation runs with the real property. All agreements shall be executed by all those parties executing the final map or parcel map, with all signatures acknowledged before a notary public, and shall be transmitted by the City Clerk to the Riverside County Recorder concurrently with the final map or parcel map. The agreement shall be recorded upon the title of said real property, in the Office of the County Recorder, at the expense of the subdivider.
(C) Improvement securities shall be required to be posted as a guarantee of the performance of any act, improvement, or obligation required as a condition of approval of any final tract map, parcel map waiver, lot line adjustment, or lot merger. The improvement securities required are:
(1) “Performance security” in the amount of one hundred percent (100%) of the estimated cost of the improvements plus an additional ten percent (10%) warranty which Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
the
Menifee
Municipal
Code
to
Update
Improvement
Security
Requirements Consistent with California Law and City Procedures Item Page Number: 6
Menifee Mayor and City Council
April 1, 2026
Page
209 of 299
5 1
2 4
6 shall assure the faithful performance of the agreement including construction of the improvements for a period of one (1) year.
(2) “Payment security” in the amount of one hundred percent (100%) of the estimated cost of the improvements which shall assure the payment of the cost of labor, equipment and materials supplied to construct the improvements, and all other matters required by Civil Code section 9554 or successor provision. (3) If the improvements include the placement, construction, or movement of survey monuments subject to Government Code section 66495 et seq., “monument security” as required by § 7.40.030 (Survey and Monuments Required). (D) Performance security shall conform with Subdivision Map Act section 66499 and may be one or more of the following, subject to approval by the City Engineer and City Attorney.
(1) A cash deposit with the city or a responsible escrow agent or trust company, at the city’s option.
(2) Surety bonds, of the form specified in Subdivision Map Act section 66499.2, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
(3) FDIC-insured certificates of deposit, in the city’s name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of “A” or better from a reputable financial institution ranking system. (4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of subparagraph (3), pledging that the funds necessary to carry out the completion of the improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by the city. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of the city and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that the city authorizes its expiration.
(5) A lien upon the subdivided property, if the city finds that it would not be in the public interest to require the installation of the improvements sooner than two (2) years after recordation of the map. The lien shall provide a collateral value of three (3) times the estimated cost of the improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof.
The collateral value of the property shall be established at the subdivider’s expense through an appraisal approved by the city.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
the
Menifee
Municipal
Code
to
Update
Improvement
Security
Requirements Consistent with California Law and City Procedures Item Page Number: 7
Menifee Mayor and City Council
April 1, 2026
Page
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6 (6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the improvements.
(7) For non-profit organizations only, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with the city or in favor of the city, as specified in Government Code section 16430, deposited, at the city’s option, with the city or a responsible escrow agent or trust company.
(8) Any other form of security, including a lien or other security interest in real property, which the City Manager or designee may, in their discretion, allow, provided they determine that it is equivalent to the foregoing forms of security in terms of security and liquidity.
(D) Payment security shall be in the form of a bond executed by an admitted surety insurer and in a form approved by the city and not a deposit in lieu of a bond. (E) Release of security is subject to the following:
(1) Performance security (excluding the warranty retention) shall be released within thirty (30) days of the final completion and acceptance or approval, by the City Council of the improvements.
(2) The City Engineer may authorize a one-time fifty percent (50%) reduction of performance security (minus the warranty retention) as work progresses, upon application by the subdivider. In no event shall performance security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus ten percent (10%).
(3) If the city receives no notice of recorded claims of lien, payment security shall be released in full ninety (90) days after final acceptance and/or approval by the City Council, of the improvements. If the city receives notice of any recorded lien, the provisions of the Subdivision Map Act and other applicable California law shall apply. (4) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. The warranty period shall not commence until final acceptance of all the work and improvements by the City Council pursuant to the agreement. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all improvements upon application by the subdivider. However, if at the end of the one-year warranty period, there are one or more outstanding requests by the city for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until the subdivider has made other arrangements satisfactory to the City Engineer.
(5) The city may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees necessary to ensure the subdivider’s compliance with the agreement, and all applicable entitlements and laws.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
the
Menifee
Municipal
Code
to
Update
Improvement
Security
Requirements Consistent with California Law and City Procedures Item Page Number: 8
Menifee Mayor and City Council
April 1, 2026
Page
211 of 299
5 1
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6 Unless otherwise provided herein, all such improvement securities shall be provided in one of the following forms, subject to the approval of the City Engineer and the City Attorney:
(1) A bond or bonds by one or more duly authorized corporate sureties substantially in the form prescribed in the Map Act and subject to the approval and acceptance of the City Attorney and City Council.
(2) A deposit with the city of either immediately negotiable bonds or a letter of credit. (3) Any other form of security, including a lien or other security interest in real property, which the City Engineer and the City Attorney may, in their discretion, allow, provided they determine that it is equivalent to the foregoing forms of security in terms of security and liquidity.
(4) Any written contract or document creating security interest established pursuant to division (C)(3) of this section shall be recorded in the Office of the County Recorder.
From the time of recordation, a lien shall attach to the real property described therein, which lien shall have the priority of a judgment lien in the amounts specified. (D) The subdivider shall provide as security to the city:
(1) For performance and guarantee: an amount determined by the City Engineer equal to 100% of the total estimated cost of the improvement to be performed, including grading monumentation. The estimated cost of improvement shall include a 10% contingency and a 10% increase for projected inflation computed to the estimated mid- point of construction.
(2) For payment: an amount determined by the City Engineer equal to 50% of the total estimated cost of the improvement to be performed, excluding grading and monumentation.
(E) Improvement security may be released in whole or in part upon the completion and acceptance of all or part of the act or work by the City Council or the authorized official; provided, however, such release shall not apply to the amount of security deemed necessary by the City Engineer for the guarantee and warranty period, nor to costs and reasonable expense fees, including reasonable attorneys’ fees, incurred by the city in enforcing any improvement agreement. The subdivider shall not be entitled to any reduction in security until all improvements have been completed to the satisfaction of the City Engineer.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)
3. Amendments to Section 7.80.060
§ 7.80.060 COMPLETION OF IMPROVEMENTS.
(A) Public improvements required as a condition of approval shall be completed in accordance with this title, unless they are deferred pursuant to § 7.80.030 (Deferred Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
the
Menifee
Municipal
Code
to
Update
Improvement
Security
Requirements Consistent with California Law and City Procedures Item Page Number: 9
Menifee Mayor and City Council
April 1, 2026
Page
212 of 299
5 1
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6 Improvements). The City Engineer shall review and approve any improvement agreement, conduct an inspection, and approve any constructed public improvement necessary to satisfy this provision, with the City Council providing final approval of any agreement or acceptance of any completed public improvement. (B) Once begun, public improvements for a final map, or for a parcel map when required, shall be constructed to completion without interruption. The subdivider shall exercise due diligence to ensure that this provision is met to the satisfaction of the City Engineer. Construction and inspection of public improvements shall be governed by city standards and the requirements of any applicable permit. (C) The City Engineer may release in whole or in part an amount of the applicable securities upon determination that the relevant public improvement is complete. (DC) Notwithstanding any applicable agreement, the ownership of and responsibility for the construction and maintenance of any public improvement is held by the subdivider and shall remain so until such time as the City Council accepts the completed public improvements.
(E) Upon acceptance of a public improvement, a notice of completion for that public improvement shall be filed, and the City Council shall authorize the City Engineer to release applicable securities in whole or in part for that public improvement. This action shall serve to transfer ownership and maintenance responsibility of the public improvement from the subdivider to the city, and to provide full acceptance of the applicable dedication or easement, which acceptance had been contingent upon completion and acceptance of public improvements within said dedication or easement, subject to the terms of any applicable agreement.
(F) Upon acceptance of a public improvement, the public improvement shall be considered to have entered the warranty period. The warranty period shall be a minimum of one year or such period as necessary to ensure that the public improvements are suitable for public ownership and maintenance responsibility, as determined by the City Engineer and accepted by the City Council. A minimum of 10% of the securities shall be retained for the duration of the warranty period.
(GD) Public park facilities shall be completed in accordance with the provisions of this title and to the satisfaction of the Director of Community Services. The City Council shall provide final approval and acceptance of public park facilities and other fee title interests.
4. Amendments to Section 7.90.090
§ 7.90.090 ISSUANCE OF GRADING PERMIT.
(A) Other approvals required before issuance. No grading permit for any development project requiring the approval of the Planning Commission, City Council, or city staff shall be issued until the development project has been approved, and such approval includes approval of a grading concept. All discretionary approvals required by the code for the development project with which the grading permit application is associated must be obtained prior to issuance of the grading permit. All approvals required for the development project or the grading work by other city departments or outside agencies Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
the
Menifee
Municipal
Code
to
Update
Improvement
Security
Requirements Consistent with California Law and City Procedures Item Page Number: 10
Menifee Mayor and City Council
April 1, 2026
Page
213 of 299
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6 shall be the responsibility of and obtained by the applicant prior to issuance of the grading permit. Any code enforcement or other applicable fines must be paid prior to issuance of the grading permit.
(B) Environmentally sensitive areas. No grading permit for any work within close proximity, as determined by the City Engineer/Public Works Director, of an environmentally sensitive area shall be issued unless approved by the City Engineer/Public Works Director in conformance with the project-approved environmental permit.
(C) Grading security. No grading permit shall be issued unless and until the applicant posts the applicable security required under § 7.90.120 (Grading Agreements and Security).
(D) Terms of grading permit. The grading permit shall contain such terms, conditions, and restrictions as are necessary to implement the applicable provisions of this chapter and the code and state or federal law applicable to the work to ensure the work is performed in accordance with the approved plans and geotechnical reports and to protect the public health, safety, and welfare.
(E) Responsibility of permittee. It shall be the responsibility of the permittee to be knowledgeable of and comply with the conditions and/or restrictions of the grading permit as outlined in applicable provisions of this chapter and as contained on the approved plans and in the approved geotechnical report(s). It shall also be the responsibility of the permittee to be knowledgeable of the obvious and accessible location on the site and maintain an on-site copy of the approved plans bearing the stamp or signature of approval by the City Engineer/Public Works Director.
5. Amendments to Section 7.90.120
§ 7.90.120 GRADING AGREEMENTS AND SECURITY.
(A) Requirement for grading agreement and security. Prior to issuance of a grading permit, the permittee shall enter into a grading agreement in a form provided by the city and approved by the City Attorney. The permittee shall, prior to the issuance of a grading permit, post the security required by this section with the city. the security required by this section shall be posted with the city. The security shall guarantee, and the city shall have the right to draw upon such security to satisfy, the following:
(1) Compliance with all applicable provisions of this chapter and the code, state and federal law, and other applicable ordinances, rules, and regulations of the city. (2) Compliance with any and all terms and conditions of the grading permit, grading agreement, and all approved plans.
(3) Completion of the work authorized under the grading permit and the erosion control system(s) to the satisfaction of the City Engineer/Public Works Director and in accordance with the approved plans.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
the
Menifee
Municipal
Code
to
Update
Improvement
Security
Requirements Consistent with California Law and City Procedures Item Page Number: 11
Menifee Mayor and City Council
April 1, 2026
Page
214 of 299
5 1
2 4
6 (4) Completion of all emergency and routine maintenance and repair of the erosion control system(s) to ensure the continuous integrity of the system(s) to the satisfaction of the City Engineer/Public Works Director and as may otherwise be required by this chapter.
(5) Restoration and repair of public streets or other public property adversely impacted or damaged or the mitigation of any hazardous condition created by any activity of the permittee or agent of the permittee or any erosion from any site associated with the grading work.
(B) Amount and form of security.
(1) The permittee shall provide “performance security” in the amount of (100%) of the estimated cost of the work to be performed under the permit in a form approved by the City Attorney to ensure compliance with the permit and the grading agreement required for the work. At least twenty five percent (25%) of the performance security, and not less than five thousand dollars ($5,000) shall be in the form of a cash deposit with the city. The remainder of security shall be in a form approved by the City Engineer/Public Works Director and may include any of the forms of performance security permitted by §
7.80.050(C) (Subdivision Improvement Agreements and Security). (2) The permittee shall provide “payment security” in the amount of one hundred percent (100%) of the estimated cost of the work to be performed under the permit in a form approved by the City Attorney to assure the payment of the cost of labor, equipment and materials supplied to construct the work, and all other matters required by Civil Code section 9554 or successor provision. Payment security shall be in the form of a bond executed by an admitted surety insurer and in a form approved by the city and not a deposit in lieu of a bond.
(3) Notwithstanding subparagraphs (1) and (2), where the City Engineer determines that the grading work to be performed is private in nature only and does not include or relate to any public work subject to Civil Code section 9554 or successor provision, then the City Engineer may authorize a performance security and payment security of not less than fifty percent (50%) of the work to be performed under the permit and not less than one hundred percent (100%) of erosion control systems. Security under this subparagraph (3) may be in any form acceptable to the City Engineer/ Public Works Director, provided that at least twenty five percent (25%) of the performance security, and not less than five thousand dollars ($5,000) shall be in the form of a cash deposit with the city.
The amount of the security shall be equal to 50% of the total estimated cost of the work authorized by the grading permit, plus 100% of the total estimated cost of the erosion control system(s) required by the erosion control plan. The permittee's estimate of the cost shall be based on the established unit costs available from the city and shall be subject to the review and approval by the City Engineer/Public Works Director. At least 25% of the required erosion control security, and not less than $5,000, shall be in cash and shall be deposited with the City Engineer/Public Works Director. Please see the city's Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
the
Menifee
Municipal
Code
to
Update
Improvement
Security
Requirements Consistent with California Law and City Procedures Item Page Number: 12
Menifee Mayor and City Council
April 1, 2026
Page
215 of 299
5 1
2 4
6 website for more information. The remainder of the erosion control security shall be subject to the approval of the City Engineer/Public Works Director. The form of security can be one or more of the following:
(1) Cash deposit.
(2) Surety bond.
(3) Certificate of deposit.
(4) Letter of credit, in city format, from one or more local financial institution(s) subject to regulation by the state or federal government. (5) Lien on property.
(C) Failure to maintain security. If a permittee fails to maintain the security required by this section, the City Engineer/Public Works Director may revoke the permittee's grading permit without prior notice to the permittee. Any such revocation shall be in writing. (D) Replenishment of cash deposit. The City Engineer/Public Works Director shall notify the permittee of any withdrawal from the permittee's cash deposit. If the costs exceed the balance of the permittee's funds on deposit, the City Engineer/Public Works Director shall cause an invoice to be sent to the permittee demanding payment of the amount by which the costs exceed the permittee's deposit. The permittee shall, within ten days of receipt of such invoice, deposit with the City Engineer/Public Works Director that amount of cash necessary to bring the permittee's deposit up to its original balance. If the permittee fails to pay such amount in full within 30 days from the date of the invoice, the permittee's grading permit shall be automatically revoked. Renewal of the grading permit shall not be completed until the invoice is paid in full. No final grading inspection shall be completed until the permittee has fully satisfied all monetary obligations to the city imposed pursuant to this § 7.90.120(D) (Replenishment of Cash Deposit).
Additionally, no further construction permits, including but not limited to building permits or occupancy permits, shall be issued until such monetary obligations are fully satisfied. (E) Release of security.
(1) Performance security shall be released upon the final completion and acceptance or approval, by the City Engineer/ Public Works Director of the work performed under the permit.
(2) The City Engineer may authorize a one-time fifty percent (50%) reduction of performance security as work progresses, upon application by the permittee. In no event shall performance security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus ten percent (10%). (3) If the city receives no notice of recorded claims of lien, payment security shall be released in full ninety (90) days after final acceptance and/or approval by the City Engineer/Director of Public Works of the work performed under the permit. If the city receives notice of any recorded lien, the provisions of applicable California law shall apply.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
the
Menifee
Municipal
Code
to
Update
Improvement
Security
Requirements Consistent with California Law and City Procedures Item Page Number: 13
Menifee Mayor and City Council
April 1, 2026
Page
216 of 299
5 1
2 4
6 (4) Security for erosion control may be retained for up to the later of (a) one (1) year following final approval of the work performed under the permit as a warranty for the post- construction landscaping, stabilization, and erosion control measures, (b) where applicable, until a notice of termination is issued by other governmental authorities with approval authority over the work, including, without limitation, the California and Regional Water Quality Control Boards, and (c) the completion of landscaping improvements associated with the work. The City Engineer / Public Works Director may approve release of security where erosion control is not deemed necessary. (5) The city may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys’ fees necessary to ensure the permittee’s compliance with the grading agreement, and all applicable entitlements and laws.
(1) The security posted to guarantee erosion control may be held for one year after the city's notice of completion as a warranty for the post-construction landscaping, stabilization, and erosion control measures, or where applicable, until a notice of termination is issued by the RWQCB. The City Engineer/Public Works Director may release the security for areas of the project that are substantially completed with permanent landscape and where the City Engineer/Public Works Director has determined that erosion control is not needed.
(2) Security posted to guarantee all work authorized under the grading permit, other than the erosion control system(s), shall be released upon inspection and approval of the work by the City Engineer/Public Works Director.
(3) The City Engineer/Public Works Director shall not release a permittee's security if the permittee has an outstanding monetary obligation to the city or if cleanup or repair of public streets or other public property for which the permittee is responsible has not been completed to the satisfaction of the City Engineer/Public Works Director. (4) The City Engineer/Public Works Director may require the security posted for permittee's erosion control system(s) to remain on deposit with the city throughout the grading of the project and not be released until completion of the landscaping improvements for the associated development project if the City Engineer/Public Works Director determines that due to the nature, configuration, or location of the development project it is in the best interest of the city to retain the erosion control security until the landscaping improvements are complete.
Item Title: 12.1
First
Reading
and
Introduction
of
an
Ordinance
Amending
the
Menifee
Municipal
Code
to
Update
Improvement
Security
Requirements Consistent with California Law and City Procedures Item Page Number: 14
Menifee Mayor and City Council
April 1, 2026
Page
217 of 299
CITY OF MENIFEE
SUBJECT: Regional Sports Facility Discussion
MEETING DATE: April 1, 2026
TO: Mayor and City Council
PREPARED BY: Mariana Mitchell, Community Services Director REVIEWED BY: Rebekah Kramer, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Review and discuss options to develop a regional sports facility in Menifee.
DISCUSSION
Interest in a regional sports park has been identified as a priority in the City’s adopted Strategic Plan and the Parks Master Plan. At the May 7, 2025, City Council meeting, a future agenda request was made by the City Council to discuss the feasibility of developing a regional sports facility within Menifee. Regional sports facilities are large-scale, often multi-sport complexes designed to serve both local recreation needs and broader regional and national tournaments.
These venues often act as economic drivers, attracting visitors, generating hotel stays, restaurant spending, and ancillary economic activity.
Notable characteristics of a regional sports facility include scale and reach that promote travel into the area from across the country and even internationally, with many facilities able to accommodate multiple sports. Regional sports facilities can vary significantly in size, programming, and function depending on community priorities, available land, and funding resources. While some focus on large tournament complexes with multiple fields designed to host national competitions, others emphasize indoor athletic facilities, sports performance centers, aquatics complexes, or community recreation hubs that support both local programming and regional events. Many communities pursue a phased approach that combines outdoor fields, indoor athletic space, and complementary recreational amenities over time.
In addition to evaluating new sports park opportunities, Menifee has several unique recreational assets and planned investments that could position the City to support regional sports and recreation activities. In May 2025, the City acquired Menifee Hills comprised of 19 parcels spanning approximately 398 acres located on the east side of the City to be designated as open space for parks, trails and recreational purposes. This land acquisition provides opportunities for Item Title: 12.2
Regional Sports Facility Discussion
Item Page Number: 1
Menifee Mayor and City Council
April 1, 2026
Page
218 of 299
City of Menifee Staff Report
Regional Sports Facility
April 1, 2026
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9 4
regional active recreational tourism, such as hiking and mountain biking and could support regional outdoor sports events and competitions.
These opportunities are complemented by existing and planned amenities at Gale Webb Action Sports Park, which features bike trails for various skill levels and a 22,000-square-foot pump track, making it one of the largest bike parks of its kind in Southern California. The City is also currently designing the Evans Park North project (CIP 24-08), located north of Gale Webb Action Sports Park adjacent to Paloma Valley High School. This project is being evaluated as a potential expansion of the existing action sports amenities, with the opportunity to enhance the facility into a more inclusive, competition-ready venue that could further strengthen Menifee’s ability to attract regional events and users.
In October 2025, the City Council directed staff to work in collaboration with Valley-Wide Recreation and Park District (Valley-Wide) to pursue detachment and annexation of the Menifee Parks Landscape Maintenance District (LMD). The LMD includes approximately 65 acres of parkland across 12 parks located in central Menifee east of Interstate 215, including Aldergate Park adjacent to Menifee Hills and Wheatfield Park, the City’s largest developed park site, which features a community center and six ball fields spanning more than 25 acres. Annexation of these parks and open spaces would provide an opportunity for the City to enhance park amenities, including multipurpose and baseball fields, while also creating a potential access point to Menifee Hills through Aldergate Park.
This effort is anticipated to take approximately 18-24 months to complete and will require additional resources to support ongoing maintenance and operations, as well as capital investments to enhance park amenities. Based on a recent fiscal impact analysis, the annual General Fund investment required to maintain and program the additional parks and amenities associated with the Valley-Wide Menifee Parks LMD is estimated at approximately $650,000, excluding any required capital improvements. These considerations highlight the importance of evaluating long-term operational and maintenance costs alongside capital investment when considering the development of new regional recreation facilities.
The Menifee Valley Specific Plan (MVSP) area includes plans for a sports park that is anticipated to include the City’s first aquatics center and could include regional sports amenities such as pickleball courts with the capacity to support regional tournaments. These park amenities could enable Menifee to stand out in the region.
While regional sports facilities are undoubtedly a great public asset to support sports tourism and local recreation demand, the development and annual operation can be extremely costly and require a large amount of open land. Common funding mechanisms include public-private partnerships (developer/operator model), bonds or certificates of participation, revenue sharing agreements, the establishment of Enhanced Infrastructure Financing Districts (EIFD) State/Federal grants, corporate sponsorships and naming rights, user fees, tournament rentals, memberships, and concessions.
Recent projects in the region also illustrate the range of approaches communities are taking when developing sports tourism infrastructure. For example, the City of Ontario is currently developing the Ontario Sports Empire, a regional sports destination spanning approximately 190 acres with Item Title: 12.2
Regional Sports Facility Discussion
Item Page Number: 2
Menifee Mayor and City Council
April 1, 2026
Page
219 of 299
City of Menifee Staff Report
Regional Sports Facility
April 1, 2026
3 1
9 4
an estimated investment exceeding $100 million. The project includes eight baseball and softball fields, eight soccer fields, four multipurpose fields, and a minor league baseball stadium for the Los Angeles Dodgers farm team. Future phases are planned to include an indoor athletic facility for volleyball and basketball, a community center, aquatics complex, tennis and pickleball courts, and additional youth sports fields surrounded by retail and hospitality services. With a population of over 184,000 and a General Fund budget of over $447 million, the City of Ontario is a more established municipality with different needs and available resources. Additional examples of regional sports facilities in Southern California are outlined in Table 1 below.
TABLE 1 – REGIONAL SPORTS FACILITIES IN SOUTHERN CALIFORNIA Facility
Name
Location Size Ownership/
Operator
Development
Model
Key Amenities Key Funding &
Revenue Elements
Silver Lakes
Sports Park Norco, CA 130
Acres
City of
Norco, with
private
operator
Public-Private
Partnership
24 full-size
soccer fields; 5
equestrian
arenas; concert
venue; café
Public land and
private facility
operator;
tournament-driven
revenue model
Patricia H.
Birdsall
Sports Park
Temecula,
CA
44 Acres
City of
Temecula
Municipal
Park
Development
6 multipurpose
fields; 7
baseball/
softball fields;
Community
amenities
Capital investment
funded through
Development Impact
Fees; ongoing
recreation program
revenues
Big League
Dreams Perris, CA 30
Acres
City of
Perris, with
private
operator
Private
Operator, City
Partnership
6 replica MLB
baseball/
softball fields;
indoor soccer
pavilion;
batting cages
City constructed
facility; long-term
operating agreement
manages leagues,
tournaments,
concessions and
events
Momentous
Sports
Center
Irvine, CA
1.7 Acres
(90,000
+ SF
indoor)
Privately
owned and
operated
Private
Development
21 basketball
courts;
22 volleyball
courts;
large event
hosting capacity
Privately financed
indoor sports facility
focused on
tournaments, youth
leagues, and training
programs
Rosetta
Canyon
Sports Park
Lake
Elsinore,
CA
23 Acres
City of Lake
Elsinore
Municipal
Park
Development
5 lighted
baseball/
softball fields;
Playground
Community
amenities
Capital investment
funded through
Development Impact
Fees; ongoing
recreation program
revenues
Ontario
Sports
Empire
Ontario,
CA
190
Acres
City of
Ontario, with
private
operators
Municipal
Investment &
Public-Private
Partnerships
Minor League
Baseball
stadium; 8
baseball/
softball fields; 8
soccer fields; 4
multipurpose
fields
City-led sports
complex anchored
by minor league
baseball stadium;
partnership with
Dodgers; naming
rights agreements
Item Title: 12.2
Regional Sports Facility Discussion
Item Page Number: 3
Menifee Mayor and City Council
April 1, 2026
Page
220 of 299
City of Menifee Staff Report
Regional Sports Facility
April 1, 2026
3 1
9 4
Menifee’s continued population growth, central location within the Inland Empire, and expanding park and recreation assets position the City to explore opportunities that support both local recreation needs and regional sports tourism that is unique to Menifee. In late 2023, the City of Menifee engaged Sports Facilities Advisory (SFA) to prepare a Market Opportunity Report (MOR) to assess the potential of a regional sports facility. Completed in April 2024, the MOR evaluated indoor and outdoor facility concepts, identified facility program recommendations, and provided cost and revenue ranges based on the performance of similar facilities.
Based on Menifee’s population growth, strategic location near both the Interstate 215 and Interstate 15 freeways, and regional sports participation trends, SFA found a strong opportunity to develop a tournament-quality complex that could support both local recreation and sports tourism. The MOR noted that approximately 23.8 million people live within a four-hour drive of Menifee, representing a significant potential visitor base. The MOR recommended approximately 77 acres to accommodate both the indoor and outdoor facilities. To allow for circulation, stormwater management, and future expansion, SFA recommended planning for a total site area of approximately 85-93 acres. Preliminary cost estimates for developing both an indoor and outdoor facility were approximately $138.7 million, not including land acquisition.
It should be noted that the MOR reflects a best-case scenario, presenting a full buildout of amenities to evaluate the upper range of market potential. As the City continues to explore regional sports facility opportunities, additional analysis, such as a financial pro forma, could be considered at a future stage to refine assumptions and align the project scope with Council direction, available funding, and community priorities.
The MOR highlighted that a regional sports facility could serve as both a community resource and a sports tourism destination. While tournaments and regional events would bring visitors to Menifee, the vision also includes expanded practice and game space for local youth leagues and community programs. Ensuring affordable access for residents would be a central part of future planning and community engagement.
SFA facility-specific recommendations and financial estimates are summarized in Table 2 below .
TABLE 2 – FACILITY PROGRAM AND FINANCIAL ESTIMATES
Indoor Facility Outdoor Facility
Site Area Required 10.41 Acres 66.92 Acres
Key Features
8 Basketball Courts (Convertible to 16
Volleyball); 4,000-Seat Championship
Court; 15,000 SF Family Entertainment
Center; 10,000 SF Leased Medical Space;
Team Rooms, Concessions, Restrooms,
Offices, Training Spaces; Mezzanine and
Support Spaces; 590 Parking Spaces
8 Regulation 400’ Baseball/Softball
Fields (Convertible to 16 Youth
Fields); 4 Synthetic Turf Multipurpose
Fields; Support Buildings, Press
Boxes; Concession, Training/Warm-
Up Areas; Maintenance and Ticketing
Buildings; 1,080 Parking Spaces
Development Cost* $48.6M – $59.4M $62.1M – $70.4M
Projected Annual Revenue $993,000 – $2.9M $470,000 – $1.7M Cost Recovery 70 – 125% 60 – 120%
Annual Economic Impact $4M – $16M $9M – $30M
* Estimates are based upon 2022/2023 construction cost projections and exclude land acquisition costs. Actual costs would vary depending upon the funding source, timing, size, and scope of any project.
Item Title: 12.2
Regional Sports Facility Discussion
Item Page Number: 4
Menifee Mayor and City Council
April 1, 2026
Page
221 of 299
City of Menifee Staff Report
Regional Sports Facility
April 1, 2026
3 1
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The MOR highlighted that a regional sports facility would generate local jobs during construction and operation, could catalyze surrounding mixed-use or hospitality development, and support enhanced health, wellness, and youth engagement opportunities for Menifee residents. Some risk considerations noted were high upfront capital costs, competition from other regional facilities, operational complexity and revenue variability, long-term maintenance obligations, and potential environmental mitigation or impact. A copy of the 2024 MOR has been attached to this staff report.
The City has also recently evaluated broader land use and economic development considerations through the Economics of Community Development Report prepared by Urban3 and presented to City Council in December 2025. That analysis highlights the importance of understanding how land use decisions influence municipal revenues, infrastructure costs, and long-term fiscal sustainability. The report emphasizes that cities have a finite amount of land and that how land is planned and developed can significantly influence tax productivity, economic vitality, and long- term service costs.
Opportunities/Next Steps
Large recreational facilities such as regional sports parks can require significant land area and capital investment, making it important to consider how these facilities integrate into broader land use and funding strategies. When thoughtfully planned, regional recreation amenities can serve as community gathering places, attract visitors, and catalyze surrounding development such as hospitality, dining, and complementary recreational uses. These considerations highlight the importance of evaluating potential sports facility concepts within the context of Menifee’s long- term land use planning and economic development strategy.
With these considerations in mind, the City could also explore proactive planning strategies that support both future recreation amenities and broader community development goals. This may include evaluating land use and design standards that accommodate regional recreational and hospitality amenities while also addressing local housing needs. Such strategies could incorporate elements of blended or mixed-use zoning that integrate residential, commercial, and employment uses while reserving sufficient space to support recreational amenities such as multi- use fields, baseball or softball fields, sports courts, and other indoor and outdoor recreation facilities.
Additional measures could include encouraging or incentivizing the development or conversion of facilities to support indoor sports such as volleyball and basketball. Private-sector projects may also play a role in expanding Menifee’s sports and recreation offerings. For example, the proposed Fitwell Health Campus, recently approved by the Planning Commission, includes a 69,000 square-foot fitness center, museum, and multipurpose event space designed to host athletic competitions, wellness expos, and community events. Facilities of this type demonstrate how indoor athletic venues could complement larger outdoor sports parks by supporting tournaments, training programs, and specialty sporting events through private development.
Several other efforts that are underway may provide opportunities to support or incentivize the integration of larger regional sports park amenities. These efforts include evaluating the feasibility of establishing an EIFD in some portions of the city in addition to reviewing the Quimby Act fees used offset the impact of new housing developments and the City’s vision for park space.
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Other efforts underway that support the development of unique regional sports park amenities include:
Activation of Menifee Hills beginning with an assessment of potential right-of-way acquisition options to provide for greater public access. Evaluation of opportunities to activate regional sports events at the Gale Webb Action Sports Park with the expansion of complementary amenities at Evans Park North and Menifee Hills.
Pursuit of the detachment and annexation of the Menifee Parks LMD working in collaboration with Valley-Wide to provide an opportunity for the City to enhance park amenities, including access to multipurpose and baseball fields. Support development of the MVSP sports park anticipated to include the City’s first aquatics center and amenities such as pickleball courts with the capacity to support regional tournaments.
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. 2024 Market Opportunity Report (MOR)
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