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2022-05-18 City Council Regular MEETING - MinutesCity Council Chambers 29844 Haun Road Menifee, CA 92586 Bill Zimmerman, Mayor Bob Karwin, District I Matthew Liesemeyer, District 2 Lesa Sobek, District 3 Dean Deines, District 4 Menifee City Council Regular Meeting Minutes Wednesday, May 18,2022 4:00 PM Closed Session 6:00 PM Regular Meeting Armando G. Villa, City Manager Jeffrey T. Melching, City Attorney Sarah A. Manwaring, City Clerk 1 3 Mayor Zmmennan called closed session to order at 4:0'l PM. Present were Councilmembers Karwin, Liesemeyer, Sobek, Mayor Pro Tem Deines, and Mayor Zimmerman. The City Council recessed to closed session at 4:02 PM for the purposes listed below. CONFERENCE WTH LEGAL COUNSEL. ANTICIPATED LITIGATION: Significant Exposure to Litigation (Gov. Code Section 5a956.9(d)(2) and (3)): 2 Cases CONFERENCE WITH LEGAL COUNSEL . ANTICI PATED LITIGATION: lnitiation of Litigation (Government Code section 54956.9(d)(4)): 1 Case CONFERENCE WTH REAL PROPERry NEGOTIATIONS (Government Code Section 54956.8): Property Description: APN: 337-310-005 City Negotiators: Armando Villa, City Manager; Rochelle Clayton, Assistant City Manager Negotiating Parties: Ahura lnvestments Under Negotiation: Price and terms of payment 4.CONFERENCE WTH REAL PROPERTY NEGOTIATIONS (Government Code Section 54956.8): Property Description: APN: 337-31 0-009 City Negotiators: Armando Villa, City Manager; Rochelle Clayton, Assistant City Manager Negotiating Parties: Bank of America NatlTr and SvgsAssn Under Negotiation: Price and terms of payment CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code section 54957.6 Negotiators: Rochelle Clayton - Assistant City Manager, Armando G. Villa - City Manager Labor Associations: Menifee City Employees Associations (General Employee Unit, Mid-Management Employee Unit, Professional Employee Unit, and Menifee Police Employee Association (Non-sworn)) May 18,2022 Page '1 of 12 5 Menifee Mayor and City Council MINUTES MENIFEE. Oa I CLOSED SESSION (4:00 PM) 2. 3 4. 5. REGULAR MEETING (6:00 PM) I. CALL TO ORDER Mayor Zimmerman called the meeting to order at 6:00 PM. City Attorney Jeffrey Melching stated there was no reportable action from closed session. 2. ROLL CALL Present: Dean Deines, Bob Karwin, Matthew Liesemeyer, Lesa Sobek, Bill Zimmerman Absent: None WORDS OF INSPIRATION 3.1 Minister Dr. Edward Paul Gervais with New Thought Christian Church PLEDGE OF ALLEGIANCE Menifee resident June Connet led the flag salute. PRESENTATIONS 5.1 Woman of the Year 2022 Mayor Zimmerman introduced Mike Glauser with Senator Ochoa Bogh's office and Councilmember Sobek as the Senator's Woman of the Year lor 2022. Councilmember Sobek thanked Senator Ocfoa Bogh for the recognition. 5.2 Governor's State Employee Medal of Valor Award Mayor Zimmerman introduced the Governor's State Employee Medal of Valor Award recipient, Cal Fire Firefighter Chad Burns form Menifee Fire Station 76. Cal Fire Chief Weiser provided information on the Medal of Valor and reported on the event that earned Firefighter Burns this honor. Firefighter Burns thanked the City and his battalion for their support and leadership. 5.3 Reality Rally Trophy Pass Down Mayor Zimmerman introduced Gillian Larson and the Reality Rally team representing the City. Ms. Larson passed down the trophy to the City of Menifee. Councilmember Karwin thanked his team for the support provided. 5.4 Community Services Update Community Services Supervisor Michael Rinehart introduced the Spring Teen awardees. May 18, 2022 Page 2 of 12 Menifee Mayor and City Council Community Services Manager Mariana Mitchell provided a presentation and reported on the recreation programs; upcoming events; summer preview ofevents; and Park Ranger updates. 6. AGENDA APPROVAL OR MODIFICATIONS 7. PUBLTC COMMENTS (NON-AGENDA TTEMS) President of Assistance League of Temecula Valley Denise Lanier invited the City Council to Assistance League of the Valley fundraiser at Storm Stadium. Mayor Zimmerman and Councilmember Sobek thanked the Assistance League for their support to the City of Menifee. Menifee Resident Gilmore Torrealba thanked staff for quick response to Murrieta Road construction concerns. Resident Torrealba stated concerns with repaving on the street as well as concerns with speeding on Lazy Creek Road. 8. COUNCILMEMBER UPDATES AND COMMENTS Councilmember Karwin reported on the meetings and events he attended Councilmember Liesemeyer reported on the meetings and events he attended o Menifee Police Department Town Hall. Western Riverside Council of Government (WRCOG) Councilmember Sobek reported on the meetings and events she attended o Mt. San Jacinto College (MSJC) Fundraiser Golf Tournament. City of Menifee Shred Fest Event. National Day of Prayer. Health and Wellness Senior Expoo Chronic Tacos Grand Opening. Gale Webb Pump Track Groundbreaking. Temecula State of the City. lt/lenifee Police Department Town Hall. Menifee Arts Showcase. Louie's Nursery Family Day. USPS Food Drive for Community Cupboard. Regional Conservation Authority (RCA) May 18, 2022 Page 3 of 12 l\4enifee Mayor and City Council The agenda was approved unanimously (5-0) with no modifications. . Rotary Club Meetingo Reality Rally. Gale Webb Pump Track Groundbreaking. Sun City Civic Association event. Menifee Arts Council Showcase. USPS Food Drive for Community Cupboard. Menifee Police Department Town Hall Mayor Pro Tem Deines reported on the meetings and events he attended Southwest County Finance Authority Board Meeting Mayor Zimmerman reported on the meetings and events he attended Mayor Zimmerman stated he would be attending the Perris State of the City and the Historical Association Event on the Yoder Family. 9. APPROVALOF MINUTES The minutes were approved unanimously (5-0) with no modifications. 9.1 March 16, 2022 Minutes ,IO. CONSENT CALENDAR MOVER: Bob Karwin SECONDER: Matthew Liesem er 10.1 Waiver of Reading ACTION 1 . Waived the reading in full of any and all ordinances listed on this agenda and provide that they be read by title only. May 18,2022 Page 4 of 12 YES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman NAYS: None RECUSE: None Menifee lvlayor and City Council . Murrieta Temecula Group Meetingo Menifee Union School District Event Evening of Excellence. Health and Wellness Senior Expoo Chronic Tacos Grand Opening. League of Cities Riverside Division Event. Gale Webb Pump Track Groundbreaking. Menifee Police Department Town Hall Meeting. Temecula State of the City. Coalition of lnland Empire Mayors. lntroduction of future art Plein Air Festival. Lifestone Montessori Ribbon Cutting. Menifee Arts Council Showcase. League of Cities Riverside Southwest Mayor Collaboration Councilmember Karwin requested to pull item no. 10.14. Councilmember Sobek requested to pull item no. 10.4. Councilmember Liesemeyer requested to pull item no. 10,3. Mayor Zimmerman requested to pull item no. 1 0.1 3 The remainder of the consent calendar was approved by the following vote. 10.3 Warrant Register ACTION Ratified and approved the Voucher List dated 0412112022 and the Payroll Register/Other EFT's dated 411212022, 411412022, 411512022, 411812022 and 412512022 which have a total budgetary impact of $2,155,186.76. MOVER: Matthew Liesemeyer SECONDER: Lesa Sobek AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman NAYS: None RECUSE: None 10.4 Monthly Public Safety Reports Councilmember Sobek requested an update from Code Enforcement regarding weed abatement. Police Captain Gutierrez provided an update. Councilmember Sobek inquired about calls for servtce and requested an update on the hiring process. Cal Fire Chief Olson responded on code 2 calls and provided an update on the hiring process. Councilmember Liesemeyer commented on the closing of code related cases and inquired about vendor enforcement and street side vendors. Police Captain Gutierrez responded. Mayor Zimmerman inquired about calls for service to the west of the City and calls of service to the east in the Homeland, Romoland, and unincorporated areas. Councilmember Sobek requested to track service to the east as the County area grows. May 18, 2022 Page 5 of 12 Menifee Mayor and City Council 10.2 Treasure/s Report, January 2022 ACTION 1 . Approved the Treasurer's Report for January 2022. Councilmember Liesemeyer inquired about Menifee Police Department furniture purchase and the Communications Department vehicle purchase. Police Chief Walsh stated it was for the remodel of the detective division in order to make room for all staff. City Manager Armando Villa and Assistant City Manager Rochelle Clayton stated the vehicle was for the travel required for lT Department and expansion of the Communications division. ACTION 1 . Received and filed. MOVER: Lesa Sobek SECONDER: Matthew Liesemeyer YES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman NAYS: None RECUSE: None Cazcom, lnc. Radio Purchase for the Menifee Police Department ACTION Approved and authorized the City Manager to execute the required documents for the purchase of 12 mobile vehicle radios and 26 hand-held portable radios from Cazcom, lnc. based on the attached quotes for a not-to-exceed amount of $260,493.04. 1. Adopted Resolution No. 22-1149, approving the fiscal yeat 2022123list of projects funded by Senate Bill 1 (SB1): The Road Repair and Accountability Act of 20'17; and 2. Authorized the Public Works Director, or designee, to submit the required list of projects and accompanying Resolution to the California Transportation Commission (CTC). Security lmprovement Bonds and Agreements for Tract Map 32628 Adler Ranch, by FPG Tricon Menifee Property, LLC ACTION 1. Approved and authorized the City Manager to execute the Security lmprovement Bonds and Agreements for streets/drainage, water system, and sewer system for Adler Ranch located east of Antelope Road and south of Craig Avenue. Acceptance of Public lmprovements for Tract Map 36788, Silver Trail by Woodside O5S, LP ACTION 1. Authorized the City Engineer to accept the public improvements for Tract Map (TM) 36788, Silver Trail by Woodside 05S, LP located north of Garbani Road at Garlington Street; and 2. Approved the 900/o reduction of improvement bonds for Tract Map 36788. Acceptance of Public lmprovements, Audie Murphy North Tract Map 36485-1 1 ' by Sutter Mitland 01 , LLC AGTION 1. Authorized the City Engineer to accept the public improvements for Tract Map 36485-'l 'l located north of Normandy. Road; and 2. Approved the 90% reduction of improvement bonds and the full release of the survey monument bond for Tract Map 36485-11. May 18, 2022 Page 6 of 12 10.5 10.6 FiscalYear 2022/23 Senate Bill 1 List of Projects ACTION 10.7 10.8 10.9 Menifee Mayor and City Council 10.10 Acceptance of Public lmprovements, Audie Murphy Ranch North, Tract Map 364854 by Sutter Mitland 01, LLC ACTION 1. Authorized the City Engineer to accept the public improvements for Tract Map 36485-4, located north of Audie Murphy Road South and east of Goetz Road; and 2. Approved the 90% reduction of improvement bonds and the full release of the survey monument bond for Tract Map 36485-4. ACTION 1. Accepted the improvements for the Lazy Creek Recreation Center lmprovements Project (ClP19-16), located ai26480 Lazy Creek Road; and 2. Authorized the City Clerk's Office to file the Notice of Completion with the Riverside County Recorder's Office. Lazy Creek Recreation Center Parking Lot lmprovement Project Notice of Completion and Acceptance ACTION 1. Accepted the improvements for the Lazy Creek Recreation Center Parking Lot lmprovement Project located at 26480 Lazy Creek Road; and 2. Authorized the City Clerk's Office to file the Notice of Completion forthe Lazy Creek Recreation Center Parking Lot lmprovement Pro.iect, Capital lmprovement Projecl No. ClP19-16, with the Riverside County Recorder's Office. Agreement and Bid Award forthe Audie Murphy Ranch Slurry Seal Project Mayor Zimmerman inquired about the proposed funding amount. Public Works Director Nick Fidler responded. ACTION Awarded bid and authorized the City Manager to execute an Owner-Contractor Agreement with VSS lnternational, lnc., to perform slurry seal services for the Audie Murphy Ranch Slurry Seal Project, Capital lmprovement Project No. PMP 22-01, in the amount of $396,120. MOVER: Bill Zimmerman SECONDER: Lesa Sobek YES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman NAYS: None RECUSE: None 10.14 Agreement for Murrieta Road Resurfacing Phase ll councilmember Kanarin inquired about the raised median, traffic flow, and traffic studies. Public works Director Nick Fidler provided a presentation and reported on the location of the raised median and traffic studies. May 18,2022 Page 7 ot 12 10.12 1 0.13 '10.1 1 Lazy Creek Recreation Center lmprovements Project Notice of Completion and Acceptance Menifee Mayor and City Council Councilmember Liesemeyer inquired about business outreach, analysis of shopping center usage, and ability to make U{urns. Mr. Fidler responded. Councilmember Karwin inquired about procedure and administrative approval. Councilmember Kanrvin expressed concern with the way the item was presented on the agenda. MOVER: Lesa Sobek SECONDER: Dean Deines YES: Deines, Sobek, Zimmerman NAYS: Karwin, Liesemeyer RECUSE: None 10.1 5 Amendment for On-Call lnspection Services Agreement ACTION 1, Approved and authorized the City Manager to execute Amendment No. 4 to Professional Services Agreement with D.R. Bechter Consulting for on-call construction inspectron services in an amount not-to-exceed $30,000, for a total agreement amount of $478,000. 11. PUBLIC HEARING ITEMS 11.1 Proposed Formation of Community Facilities District No. 2022-'1, Quartz Ranch Mayor Zimmerman opened the public hearing at 7..32 PM. Acting City Clerk Stephanie Roseen stated the public hearing was legally noticed and there was no public comments or correspondence/protests received. Ms. Roseen also stated there are no persons registered to vote in the territory of the district, per the Riverside County Registrar of Voters. The City Clerk confirmed that the owners of the taxable property in the district have consented to hold the special election, the ballot was received, and it was a yes vote. Mayor Zimmerman closed the public hearing at 7:33 PM. ACTION '1. Adopted Resolution No. 22-1 150, establishing Community Facilities District No. 2022-1 (Quatlz Ranch) of the City of Menifee ("CFD No. 2022-1" or "CFD"), located at the intersection of La Peidra Road and Evans Road, and calling an election; and 2. Adopted Resolution No. 22-1151, determining the necessity to incur bonded indebtedness for Community Facilities District No. 2022-1 of lhe City of Menifee ACTION: 1. Authorized the City Manager to execute a Professional Services Agreement with CivilPros to perform design services for the Murrieta Road Resurfacing Project Phase ll, Capital lmprovement Project No. ClP23-07, in the amount not-to- exceed of $32,932. May 18,2022 Page 8 of 12 Menifee lvlayor and City Council MOVER: Lesa Sobek SECONDER: Dean Deines AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman NAYS: None RECUSE: None ACTION 3. Adopted Resolution No.22-1152, certifying election results for Community Facilities District No. 2022-1 of the City of Menifee MOVER: Dean Deines SECONDER: Bob KaMin Acting City Clerk Stephanie Roseen introduced the Ordinance. ACTION 4. lntroduced an Ordinance authorizing the levy of special taxes within Community Facilities District No. 2022-1 ol lhe City of Menifee MOVER: Lesa Sobek SECONDER: Dean Deines ACTION 5. Approved an Acquisition, Construction and Funding Agreement with Lennar Homes; and 6. Approved a Joint Community Facilities Agreement with Eastern Municipal Water District: and 7. Approved a Joint Community Facilities Agreement with Menifee Union School District. MOVER: Dean Deines SECONDER: Lesa Sobek AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman NAYS: None RECUSE: None Annexation No. 7 to Community Facilities District 2017-1 (Maintenance Services), Enclave by RCFC lnvestments, LLC Mayor Zimmerman opened the public hearing at 7:36 PM. Acting City Clerk Stephanie Roseen stated the public hearrng was legally noticed and there was no public comments or correspondence/protests received. Ms. Roseen also stated there are no persons May 18,2022 Page 9 of 12 11.2 YES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman NAYS: None RECUSE: None YES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman NAYS: None RECUSE: None Menifee Mayor and City Council registered to vote in the territory of the district, per the Riverside County Registrar of Voters. The City Clerk confirmed that the owners of the taxable property in the district have consented to hold the special election, the ballot was received, and it was a yes vote. Mayor Zimmerman closed the public hearing at 7:37 PM. ACTION 1. Adopted Resolution No. 22-'l 153, calling an election to annex territory, including Tentative Tract Map (TMM) 31456, located west of Valley Boulevard, south of McCall Boulevard and north of Ridgemoor Boulevard, into City of Menifee Community Facilities District No. 20'17-1 (Maintenance Services) ("CFD No. 2017-'1" or "CFD"); and MOVER: Lesa Sobek SEGONDER: Dean Deines ACTION 2. Adopted Resolution No.22-1154, declaring results of special landowner election MOVER: Matthew Liesemeyer SECONDER: Dean Deines AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman NAYS: None RECUSE: None Acting City Clerk Stephanie Roseen introduced the Ordinance ACTION 3. lntroduced an Ordinance amending the Ordinance No. 2017-231 and levying and apportioning the special tax in CFD No. 2017-1 . MOVER: Matthew Liesemeyer SECONDER: Dean Deines May 18,2022 Page 10 of 12 '11.3 Tax-Exempt Revenue Bonds by the California t\Iunicipal Finance Authority for the Santa Rosa Academy Mayor Zimmerman opened the public hearing at 7:40 PM. Acting City Clerk Stephanie Roseen stated the public hearing was legally noticed and there were no correspondence or public comments received. Mayor Zimmerman closed the public hearing at 7:40 PM. AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman NAYS: None RECUSE: None YES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman NAYS: None RECUSE: None Menifee Mayor and City Council ACTION 1. Conducted a public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (TEFRA) and the lnternal Revenue Code of 1986, as amended; and 2. Adopted Resolution No. 22-'1 155, repealing Resolution No.22-1137 and approving the issuance of the bonds by the California Municipal Finance Authority (CMFA) for the benefit of Santa Rosa Academy, lncorporated, to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500. MOVER: Lesa Sobek SECONDER: Dean Deines AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman NAYS: None RECUSE: None 12. DTSCUSSTON TTEMS 12.1 Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space Community Services Director Jonathan Nicks provided a presentation and reported o the City's rapid growth; need for additional staff space; proposed office lease; and lease terms. The City Council inquired about utilizing conference rooms as office space; work from home program; office space creation; future City Hall; Department relocation; and infrastructure currently in place. ACTION 1. Approved a lease agreement between Haun Professional LLC c/o Amber Management, LLC and the City of Menifee for the lease of office space; and 2. Authorized the City Manager or designee to execute all the necessary documents related to the office space lease agreement in the amount of $332,224 overfive years, with a five-year option to extend. MOVER: Bob Karuvin SEGONDER: Matthew Liesemeyer AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman NAYS: None REGUSE: None 12.2 Business License Ordinance Revision City Manager Armando Villa introduced Financial Services Manager Margarita Cornejo and Management Aid Edna Aguilar. Ms. Cornejo and Ms. Aguilar provided a presentation and reported on the background and overview; licensing; 202'l updates and revisions; special business type section; proposed licensing; permits and approvals; and staff's recommended action. May 18,2022 Page 1'l ot 12 Menifee Mayor and City Council Police Captain Gutierrez provided additional information to the special business type portion of the presentation. The City Council inquired about motorcycle dismantlers, state regulations, solicitors, livescan result timing; definitions; duplication of licensing; special business types; appeal process; background fee; Bingo games and fundraisers; in home musac teachers under tutor category; and antique dealer requirement. Councilmember Liesemeyer requested staff discretion during the process to allow flexibility. City Attorney Jeff Melching stated the City Council could amend section 5.01.090 to include "unless otherwise exempted in the Chief of Police's discretion." Mayor Pro Tem Deines requested the title of the ordinance be amended to read "establishing a business license and regulation program" and requested a report from staff to review the number of special business types within the City. ACTION 1. lntroduced an Ordinance Municipal Code, Business amended. amending Chapter 5.01 of the City License Registration and Regulation of Menifee Program as YES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman NAYS: None RECUSE: None nre CMC May 18,2022 Page 12 of 12 Menifee Mayor and City Council Acting City Clerk Stephanie Roseen introduced the ordinance. MOVER: Lesa Sobek SECONDER: Bob Karwin 13. CITY ATTORNEY REPORTS None. ,14. CITY MANAGER REPORTS None. ,t5. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS None. 16. ADJOURN Mayor Zimmerman adjourned flre meeting at 8:30 PM in honor of purple heart recipients Roseen, Acting City Clerk