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2023-09-06 City Council Regular MEETING - MinutesCity Council Chambers 29844 Haun Road Menifee, CA 92586 Bill Zimmerman, Mayor Bob Karwin, District 1 Menifee City Council Regular Meeting Minutes Wednesday, September 06, 2023 5:00 PM Closed Session 6:00 PM Regular Meeting Ricky Estrada, District 2 Armando G. Villa, City Manager Lesa Sobek, District 3 MINUTES Jeffrey T. Melching, City Attorney Dean Deines, District 4 Sarah Manwaring, City Clerk CLOSED SESSION (5:00 PM) Mayor Zimmerman called the Closed Session to order at 5:00 p.m. Present were Councilmembers Deines, Estrada, and Sobek, Mayor Pro Tern Karwin, and Mayor Zimmerman. The City Council recessed into Closed Session at 5:01 p.m. for the purposes below. 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Government Code Paragraph (1) of subdivision (d) of Section 54956.9 City of Perris v. City of Menifee Riverside County Superior Court Case No. CVR1230303456 2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Government Code Paragraph (1) of subdivision (d) of Section 54956.9 City of Menifee v. City of Perris Riverside County Superior Court Case No. CVR1220304 3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION: Significant Exposure to Litigation (Gov. Code Section 54956.9(d)(2) or (3)): One Case (Personnel Investigation) REGULAR MEETING (6:00 PM) CALL TO ORDER Mayor Zimmerman called the meeting to order at 6:01 p.m. City Attorney Jeffrey Melching stated there was no reportable action from Closed Session. Mayor Zimmerman requested to move Item No. 6 next on the agenda. 6. AGENDA APPROVAL OR MODIFICATIONS Mayor Zimmerman asked the City Clerk if there were any modifications to the agenda. City Clerk Sarah Manwaring reported that staff requested to add Item No. 5.6 to the agenda to recognize the September Outstanding Citizen. The City Council unanimously approved the agenda (5-0) as modified to add Item No. 5.6, Outstanding Citizen of the Month to the agenda. Menifee Mayor and City Council Page 1 of 11 September 6, 2023 2. ROLL CALL Present: Bill Zimmerman, Bob Karwin, Ricky Estrada, Lesa Sobek, Dean Deines Absent: None 3. WORDS OF INSPIRATION 3.1 Pastor Rocky Stone - Sandals Church 4. PLEDGE OF ALLEGIANCE Jeff Armstrong, Eastern Municipal Water District (EMWD) Director led the pledge of allegiance. 5. PRESENTATIONS 5.1 Quality of Life (Measure DD) Committee Appointment — Michael Ramlogan Councilmember Estrada introduced his appointment to the Quality of Life (Measure DD) Committee, Michael Ramlogan. City Clerk Sarah Manwaring administered the oath of office. 5.2 Business Spotlight — Ron'devu Cigar Lounge The City Council recognized owners Ronnie and Courtney Simpson with Ron'Devu Cigar Lounge and shared a short video. 5.3 Constitution Week Proclamation Mayor Zimmerman presented a proclamation to the Luseno Chapter of the Daughters of the American Revolution for Constitution Week. 5.4 Eastern Municipal Water District Presentation EMWD Director Jeff Armstrong and EMWD General Manager Joe Mouawad provided a presentation. 5.5 City/County Development to the East of the City Update Riverside County Supervisor Chuck Washington and County Chief Operating Officer Juan Perez provided a presentation. 5.6 Citizen of the Month — Laura Lester The City Council recognized Laura Lester as September's Citizen of the Month. 6. AGENDA APPROVAL OR MODIFICATIONS Action on this item was taken following Call to Order. Menifee Mayor and City Council Page 2 of 11 September 6, 2023 7. PUBLIC COMMENTS (NON -AGENDA ITEMS) The following people addressed the City Council about items not on the agenda: • Bo Bowditch • Daniel Bringhurst The City Council received correspondence from the following on non -agenda items: • Robin Swank 8. COUNCILMEMBER UPDATES AND COMMENTS Councilmember Deines reported on the meetings and events he attended. • Riverside Transit Agency (RTA) Southwest T-Now Meeting • RTA Administration Operations Committee Meeting Councilmember Estrada reported on the meetings and events he attended. • Delicious Artesanal Ice Cream Ribbon Cutting • Menifee Valley Middle School Community Pedestrian Workshop • Kumon Math Ribbon Cutting Councilmember Sobek reported on the meetings and events she attended. • Delicious Artesanal Ice Cream Ribbon Cutting • Kumon Math Ribbon Cutting • Celebration of Life for Cal -Fire Assistant Chief Josh Bischoff • Interfaith and Community Services Council Meeting • Fall Festival Meeting • MSJC Athletics and Kinesiology Complex Ribbon Cutting • Welcome Home Chief Petty Officer Nicolas Taylor Mayor Pro Tem Karwin reported on the meetings and events he attended. • Delicious Artisanal Ice Cream Ribbon Cutting • Economic Development Subcommittee Meeting • Hillside Estates Town Hall Forum • Welcome Home Chief Petty Officer Nicolas Taylor Mayor Zimmerman reported on the meetings and events he attended. • Western Riverside Projects and Programs Commission Meeting • Delicious Artesanal Ice Cream Ribbon Cutting • Foodie Friday • Menifee Valley Middle School Community Pedestrian Workshop • Economic Development Subcommittee Meeting • Kumon Math Ribbon Cutting • Celebration of Life for Cal -Fire Assistant Chief Josh Bischoff • Interfaith and Community Services Council Meeting • MSJC Athletics and Kinesiology Complex Ribbon Cutting • Welcome Home Chief Petty Officer Nicolas Taylor Menifee Mayor and City Council Page 3 of 11 September 6, 2023 9. APPROVAL OF MINUTES 9.1 August 16, 2023 City Council Meeting The City Council unanimously (5-0) approved the minutes with no modifications. 10. CONSENT CALENDAR Councilmember Sobek requested to pull Item Nos. 10.4 and 10.11. Councilmember Estrada requested to pull Item No. 10.9. The balance of the Consent Calendar was approved by the following vote: MOVER: Bob Karwin SECONDER: Lesa Sobek AYES: Deines, Estrada, Karwin, Sobek, Zimmerman NAYS: None RECUSE: None 10.1 Waiver of Reading ACTION 1. Waived the reading in full of any and all Ordinances listed on this agenda and provided that they be read by title only. 10.2 Warrant Register ACTION 1. Ratified and approved the Voucher Lists dated 07/28/2023, 8/04/2023, and 08/11/2023, the Payroll Register/Other EFTs dated 07/25/2023, 08/02/2023, 08/03/2023, and 08/04/2023 and the Void Check Listing PE 7/31/2023 which have a total budgetary impact of $7,279,364.10. 10.3 Treasurer's Report ACTION 1. Received and filed the Treasurer's Report as of July 31, 2023. 10.4 Monthly Public Safety Reports This item was pulled for discussion. Police Chief Karrer answered questions from the City Council. ACTION 1. Received and filed. MOVER: Lesa Sobek SECONDER: Dean Deines AYES: Zimmerman, Karwin, Estrada, Sobek, Deines NAYS: None RECUSE: None Menifee Mayor and City Council Page 4 of 11 September 6, 2023 10.5 Agreements with Riverside County Flood Control and Water Conservation District and BLC Fleming LLC, for the Legado Development Storm Drain Facilities ACTION 1. Approved and authorized the City Manager to execute a Cooperative Agreement with Riverside County Flood Control and Water Conservation District, and BLC Fleming LLC, for the construction, ownership, operation, and maintenance of the Encanto Storm Drain, Stages 1 and 3; Chambers Avenue Storm Drain, Stage 1; Chambers Avenue Debris Basin; Rouse Road Storm Drain, Stages 2 through 4; Sherman Road Debris Basin, Sun City Channels, Stage 3; Sherman Road Storm Drain, Stage 1, Rouse Road Debris Basin; Pennywhistle Way Storm Drain, Stage 1; and Percussion Road Storm Drain, Stage 1; and 2. Approved and authorized the City Manager to execute a Cooperative Agreement with Riverside County Flood Control and Water Conservation District and BLC Fleming LLC for the construction, ownership, operation and maintenance of the Chambers Avenue Lateral Storm Drain, Stage 1; Chambers Avenue Storm Drain, Stage 2; and Chambers Avenue Storm Drain, Stage 3; and 3. Approved and authorized the City Manager to execute a Cooperative Agreement with Riverside County Flood Control and Water Conservation District and BLC Fleming LLC for the construction, ownership, operation and maintenance of the Encanto Storm Drain, Stage 2; and Pennywhistle Way Storm Drain, Stage 2. 10.6 Agreement with Eastern Municipal Water District for Reimbursement Costs for Fiscal Year 2023/2024 Local Roads AC Resurfacing Program ACTION 1. Approved and authorized the City Manager to execute an Interagency Reimbursement Agreement with Eastern Municipal Water District, and any future amendments thereof, for reimbursement of costs in an estimated amount of $202,000 related to the Fiscal Year 2023/2024 Local Roads AC Resurfacing Program, Capital Improvement Project No. 24-19. 10.7 Bid Award and Agreement with American Asphalt South, Inc. for Crack Sealing Services for Fiscal Year 2023/2024 Slurry Seal Program Project, Pavement Management Program No. 24-01 ACTION 1. Awarded bid and authorized the City Manager to execute a Contractor Services Agreement with American Asphalt South, Inc. to perform Crack Seal services in various areas of the City for the Fiscal Year 2023/2024 Slurry Seal Program Project, Pavement Management Program No. PMP 24-01, in an amount not - to -exceed $61,594.85. 10.8 Central Park Amphitheater Construction Project, Capital Improvement Project Bid Rejection The City Council received correspondence from the following: Don Slater ACTION 1. Rejected all responsive bids submitted for the Central Park Amphitheater Construction Project, Capital Improvement Project No. CIP 19-15. Menifee Mayor and City Council Page 5 of 11 September 6, 2023 10.9 Community Services Department, Landscape Architect Services On -Call Short List for Fiscal Years 2023-2028 This item was pulled for discussion. Community Services Manager Mariana Mitchell answered questions from the City Council. Councilmember Estrada made a motion to include Kimiey Horn and Associates on the On -Call Short List. There was no second to the motion and the motion failed. ACTION 1. Approved the Community Services Department On -Call Short List for Landscape Architect Services for Fiscal Years 2023-2028; and 2. Authorized the City Manager to approve future Master Agreements based on the approved On -Call Short List for Landscape Architects at the City's discretion and contingent on availability of the corresponding budget. MOVER: Bill Zimmerman SECONDER: Lesa Sobek AYES: Zimmerman, Karwin, Sobek, Deines NAYS: Estrada RECUSE: None 10.10 Riverside County Abandoned Vehicle Abatement Program Extension ACTION 1. Adopted Resolution No. 23-1355, to extend the Abandoned Vehicle Abatement Program and service fees collected on behalf of the Riverside County Abandoned Vehicle Abatement Service Authority until May 31, 2034. 10.11 Memorandum of Understanding Between City of Menifee and County of Riverside to Enhance Communication and Development Project Coordination This item was pulled for discussion. Community Development Director Cheryl Kitzerow answered questions from the City Council. ACTION 1. Approved and authorized the City Manager to execute a Memorandum of Understanding between the City of Menifee and the County of Riverside. MOVER: Lesa Sobek SECONDER: Bill Zimmerman AYES: Zimmerman, Karwin, Estrada, Sobek, Deines NAYS: None RECUSE: None Menifee Mayor and City Council Page 6 of 11 September 6, 2023 10.12 Agreement with Airforce 1 Plumbing, Heating & Air, Inc. for Facility HVAC Maintenance and Repair Services ACTION 1. Approved and authorized the City Manager to execute a Contract Services Agreement with Airforce 1 Plumbing, Heating & Air, Inc. for Fiscal Year 2023/2024 facility HVAC maintenance and repair services in an amount not -to - exceed $41,016; and 2. Authorized the City Manager to execute four, one-year extensions at the City's discretion and contingent on availability of the corresponding budget; and 3. Authorized the City Manager to execute additional amendments as needed to include maintenance services for future city facilities currently under construction, at the City's discretion and contingent on availability of the corresponding budget. 10.13 Notice of Completion and Acceptance for the Menifee Road Resurfacing Project, Capital Improvement Project No. 22-06 ACTION 1. Accepted the improvements for the Menifee Road Resurfacing Project, Capital Improvement Project No. CIP 22-06; and 2. Authorized the City Clerk to file a Notice of Completion with the Riverside County Recorder's Office. 10.14 Agreements with Mind and Mill LLC, Dynamic Video Communications, LLC, and Sebaz Video Productions, Inc. for On -Call Videography Services ACTION 1. Approved and authorized the City Manager to execute Professional Services Agreements with Mind and Mill, LLC, Dynamic Video Communications, LLC, and Sebaz Video Productions Inc. for On -Call Videography Services in an amount not -to -exceed $25,000 for Fiscal Year (FY) 2023/2024 and $25,000 for FY 2024/2025; and 2. Authorized the City Manager to approve three, one-year renewals in an amount not -to -exceed $25,000 annually. 10.15 Agreement Amendment with LEFTA Systems for Police Training Scheduling User Licenses and Scheduling Software ACTION 1. Approved and authorized the City Manager to execute Amendment No. 1 to the Software License Agreement with LEFTA Systems for police training scheduling software and user licenses in the amount of $7,381.51, for a revised total contract amount not -to -exceed $45,972.01. Menifee Mayor and City Council Page 7 of 11 September 6, 2023 10.16 Environmental Mitigation Credit Purchases from Riverpark Mitigation Bank for Capital Improvement Projects, Holland Road / 1-215 Overcrossing and Bradley Road Bridge Over Salt Creek ACTION 1. Authorized the City Manager to execute necessary documents and issue payment to Riverpark Mitigation Bank for the purchase of Environmental Mitigation Credits for the Holland Road / 1-215 Overcrossing Project in an amount not to exceed $327,250 and the Bradley Road Bridge Over Salt Creek Project in an amount not to exceed $267,750. 10.17 Agreement Amendments with CivilPros and Anser Advisory Management, LLC for the Newport Road Raised Median and the Antelope/MSJC Entrance Traffic Signal Projects ACTION 1. Approved and authorized the City Manager to execute Amendment No. 2 to the Professional Services Agreement with CivilPros for the Newport Road Raised Median Project, Capital Improvement Project No. 22-14, to extend the agreement term through June 30, 2024; and 2. Approved and authorized the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Anser Advisory Management, LLC. for the Antelope/MSJC Entrance Traffic Signal Project, Capital Improvement Project No. 22-15 to extend the agreement term through December 31, 2023. 10.18 Agreement with Rick Engineering Company for Development of the Citywide Bridge/Culvert Inventory Study ACTION 1. Approved and authorized the City Manager to execute a Professional Services Agreement with Rick Engineering Company for the development of the Citywide Bridge/Culvert Inventory Study, Capital Improvement Program No. 24-14, in an amount not -to -exceed $228,638. 10.19 Senate Bill 1205 Annual Compliance Report ACTION 1. Adopted Resolution No. 23-1356, acknowledging receipt of a report regarding the inspection of certain occupancies requiring annual inspections pursuant to sections 13145, 13146, and 17921 of the California Health and Safety Code. 11. PUBLIC HEARING ITEMS 11.1 Consolidated Annual Performance and Evaluation Report for the Community Development Block Grant Program, Fiscal Year 2022/2023 Senior Management Analyst Edna Lebron provided a presentation. Mayor Zimmerman opened the Public Hearing at 7:56 p.m. City Clerk Sarah Manwaring stated the public hearing was legally noticed, and was no correspondence received. There were no requests to speak. Mayor Zimmerman closed the Public Hearing at 7:56 p.m. Menifee Mayor and City Council Page 8 of 11 September 6, 2023 ACTION 1. Adopted Resolution No. 23-1357, approving the 2022/2023 Consolidated Annual Performance and Evaluation Report (CAPER) and authorizing staff to submit the CAPER tothe Department of Housing and Urban Development (HUD). MOVER: Lesa Sobek SECONDER: Bob Karwin AYES: Zimmerman, Karwin, Estrada, Sobek, Deines NAYS: None RECUSE: None 11.2 Street Vacation No. 22-002, Vacating of a Portion of Public Right-of-way on Craig Avenue at the Entrance to Tract 32628, Adler Ranch Public Works Director Nicolas Fidler provided a presentation. Mayor Zimmerman opened the Public Hearing at 7:59 p.m. City Clerk Manwaring stated that the public hearing was legally noticed and that there was no correspondence received. There were no requests to speak. Mayor Zimmerman closed the Public Hearing at 7:59 p.m. ACTION 1. Approved Resolution No. 23-1358, ordering the filing of the Notice of Vacation No. 22-002 for the vacation of a portion of public right-of-way on Craig Avenue, located east ofAntelope Road, associated with the entrance to Tract 32628, Adler Ranch. MOVER: Dean Deines SECONDER: Bill Zimmerman AYES: Zimmerman, Karwin, Estrada, Sobek, Deines NAYS: None RECUSE: None 11.3 Ordinance Introduction and Annexation No. 22, Cimarron Ridge, into Community Facilities District 2017-1 (Maintenance Services) Mayor Zimmerman opened the Public Hearing at 8:00 p.m., City Clerk Sarah Manwaring stated that the public hearing was legally noticed, there were no requests to speak, no written protests were received, there are no registered voters in the territory of the district. Ms. Manwaring confirmed that the owners of all the taxable property in the district had consented to hold the special election on September 6, 2023, and concurred that the special election may be held on September 6, 2023, immediately following the public hearing. Mayor Zimmerman closed the Public Hearing at 8:01 p.m. ACTION 1. Adopted Resolution No. 23-1359, calling an election to annex territory, including Tract Nos. 36658-1 thru 36658-7, located south of McLaughlin Road and west Byers Road, into City of Menifee Community Facilities District No. 2017-1(Maintenance Services) and to levy a special tax on that land. Menifee Mayor and City Council Page 9 of 11 September 6, 2023 MOVER: Bob Karwin SECONDER: Dean Deines AYES: Zimmerman, Karwin, Estrada, Sobek, Deines NAYS: None RECUSE: None The City Council held a special landowner election. Ms. Manwaring stated she had received the official ballots and election materials from the landowners who can cast votes on behalf of the voters of all the property included in the territories proposed and they were all a yes vote. ACTION 2. Adopted Resolution No. 23-1360 declaring results of special landowner election. MOVER: Bob Karwin SECONDER: Lesa Sobek AYES: Zimmerman, Karwin, Estrada, Sobek, Deines NAYS: None RECUSE: None Ms. Manwaring read the Ordinance by title. ACTION 3. Introduced an ordinance, amending Ordinance No. 2017-231 and levying and apportioning the special tax in CFD 2017-1. MOVER: Bob Karwin SECONDER: Dean Deines AYES: Zimmerman, Karwin, Estrada, Sobek, Deines NAYS: None RECUSE: None 12. DISCUSSION ITEMS 12.1 Community Development Department Fiscal Year 2022/2023 Annual Report Management Analysts Molly Binnall and Laura Sportelli provided a presentation. The City Council received the report. 13. CITY ATTORNEY REPORTS None. 14. CITY MANAGER REPORTS City Manager Armando Villa announced that the September 20, 2023 City Council Meeting would be canceled. Menifee Mayor and City Council Page 10 of 11 September 6, 2023 15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS None. 16. ADJOURN Mayor Zimmerman adjourned the meeting at 8:21 p.m. Menifee Mayor and City Council Page 11 of 11 September 6, 2023