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2024-11-20 City Council Regular MEETING - MinutesCity Council Chambers Gar„ 0,. Menifee City Council 29844 Haun Road Regular Meeting Minutes Menifee, CA 92586 A �w MENIFEE Wednesday, November 20, 2024 5:00 PM Closed Session Bill Zimmerman, Mayor 6:00 PM Regular Meeting Bob Karwin, District 1 Armando G. Villa, City Manager Ricky Estrada, District 2 Jeffrey T. Melching, City Attorney Lesa Sobek, District 3 MINUTES Stephanie Roseen, Acting Clerk Dean Deines, District 4 CLOSED SESSION (5:00 PM) Mayor Zimmerman called closed session to order at 5:00 PM. Present were Councilmembers Estrada, Karwin, Sobek, Mayor Pro Tern Deines, and Mayor Zimmerman. Mayor Zimmerman recessed to closed session at 5:00 PM for the purposes listed below. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION LIABILITY CLAIM (GOVERNMENT CODE 54956.9) Claimant: Udis Reyes 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) Property: 27930 Watson Road, Menifee, CA (APN 329 05 049); Agency Negotiators: Armando Villa, City Manager; Nick Fidler, Public Works Director/City Engineer; Jeffrey Melching, City Attorney; Negotiating Parties: City of Menifee; Marco Antonio Cedillo; Under Negotiation: Price and Terms of Payment REGULAR MEETING (6:00 PM) 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: Bill Zimmerman, Bob Karwin, Ricky Estrada, Lesa Sobek, Dean Deines Absent: None 3. WORDS OF INSPIRATION Pastor Joe Sabolick with New Creation Church Menifee Mayor and City Council November 20, 2024 Page 1 of 13 4. PLEDGE OF ALLEGIANCE Cindy Warren led the flag salute. 5. PRESENTATIONS 5.1 Citizen of the Month — George Mills The City Council recognized George Mills as November's Citizen of the Month. 5.2 Retirement Recognition of Sarah Manwaring The City Council recognized Sarah Manwaring. 5.3 Fall Teen Award Recognitions The City Council recognized the fall teen award recipients Ella Whann, Christopher Gagossian, and James Sisson. 5.4 Community Services Update Community Services Supervisor Gabbie Cao provided the update. 5.5 Fire Department Quarterly Update Fire Chief Mark Scoville provided the update. The City Council asked staff questions. 6. AGENDA APPROVAL OR MODIFICATIONS Acting City Clerk Stephanie Roseen stated staff requested to pull Item No. 10.7 from the agenda. The agenda was approved unanimously (5 0) with modifications. 7. PUBLIC COMMENTS (NON AGENDA ITEMS) Correspondence was received from the following. • Don Slater The following speakers addressed the City Council on non -agenda items. • Gloria Sanchez • Debby Manion Menifee Mayor and City Council November 20, 2024 Page 2 of 13 8. COUNCILMEMBER UPDATES AND COMMENTS Councilmember Karwin reported on the meetings and events he attended. • Ambient Properties Communities Meeting • Menifee's Veterans Day Ceremony • Amphitheater Ad Hoc Committee Meeting • Western Riverside Council of Governments Meeting Councilmember Estrada reported on the meetings and events he attended. • Menifee's Veterans Day Ceremony • Menifee's Annual Education Summit Meeting Councilmember Sobek reported on the meetings and events she attended. • Mt. San Jacinto College Foundation Gala • Menifee's Veterans Day Ceremony • Ambient Properties Communities Meeting • Veterans Day Quilts of Valor • Menifee's Annual Education Summit Meeting • Menifee Finance Committee Meeting • Amphitheater Ad Hoc Committee Meeting Mayor Pro Tem Deines reported on the meetings and events he attended. • Veterans Expo Sponsored by Senator Seyarto • Miller Jones Veterans Day Event • Menifee's Veterans Day Ceremony • Menifee Finance Committee Meeting • Ribbon Cutting for Chevron and Papa Smash Burgers Mayor Zimmerman reported on the meetings and events he attended. • You Matter Coalition Meeting • Veterans Expo Sponsored by Senator Seyarto • Mt. San Jacinto College 60th Anniversary • Miller Jones Veterans Day Event • Menifee's Veterans Day Ceremony • Veterans Day Quilts of Valor • Chamber of Commerce Mixer at the Community Cupboard • Riverside County Transportation Commission Meeting • Rotary Club Meeting • Chamber Ribbon Cutting for Chevron and Papa Smash Burgers • History Program from History Association • Chamber of Commerce Board Meeting • Youth Leaders of Menifee Meeting Menifee Mayor and City Council November 20, 2024 Page 3 of 13 9. 10. APPROVAL OF MINUTES The minutes were approved unanimously (5 0) with no modifications. 9.1 November 6, 2024 Minutes CONSENT CALENDAR Mayor Pro Tern Deines requested to pull Item No. 10.3 for further discussion. The balance of the consent calendar was approved by the following vote. MOVER: Lesa Sobek SECONDER: Bob Karwin AYES: Zimmerman, Karwin, Estrada, Sobek, Deines 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 10/11/2024 and 10/18/2024, the Payroll Register/Other EFTs dated 10/9/2024,10/11/2024,10/15/2024 and 10/18/2024 which have a total budgetary impact of $7,375,122.01. 10.3 Monthly Public Safety Reports Mayor Pro Tern Deines asked staff questions. ACTION 1. Received and filed the Public Safety Reports for September 2024. MOVER: Dean Deines SECONDER: Lesa Sobek AYES: Zimmerman, Karwin, Estrada, Sobek, Deines NAYS: None RECUSE: None Menifee Mayor and City Council November 20, 2024 Page 4 of 13 10.4 American Rescue Plan Funds Update ACTION 1. Received summary update on American Rescue Plan Act (ARPA) funds expended and remaining funds to be expended; and 2. Approved a budget transfer in the amount of $809,080.55 (Grant Fund), reprogramming ARPA funds from CIP 20 13: Paloma Wash Pedestrian Bridge and CIP 23 13: ARP Cherry Hills Facility Improvements Project to CIP 19 15: Central Park Amphitheater; and 3. Approved a budget transfer in the amount of $809,080.55 (General Fund), reprogramming from CIP 19 15: Central Park Amphitheater to CIP 20 13: Paloma Wash Pedestrian Bridge and CIP 23 13: ARP Cherry Hills Facility Improvements Project. 10.5 California Intergovernmental Risk Authority Board of Directors Voting Representative and Alternate ACTION 1. Adopted Resolution No. 24-1510, appointing the City Manager as representative to the California Intergovernmental Risk Authority (CIRA) Board of Directors and the Interim Human Resources Manager as alternate and authorize representatives to vote on behalf of the City. 10.6 Second Reading and Adoption of an Ordinance to Levy Special Taxes Within Improvement Area No. 2 and Improvement Area No. 3 of Community Facilities District No. 2022 3, Legado ACTION 1. Adopted Ordinance No. 2024-404, authorizing the levy of special taxes within Improvement Area No. 2 and Improvement Area No. 3 of Community Facilities District No. 2022 3, Legado, located to the northwest of Antelope Road and Chambers Avenue and south of Rouse Road. 10.7 Resolution of Intention for Annexation No. 28, Nova Power, into Community Facility District 2017 1, Maintenance Services ACTION 1. Pulled from the agenda. No action taken. Menifee Mayor and City Council November 20, 2024 Page 5 of 13 10.8 Resolution of Intention for Annexation No. 27, Encanto/McCall Gas Station, into Community Facility District 2017 1, Maintenance Services ACTION 1. Accepted the Petitions of KA Menifee, LLC, Capital Financial Group, Inc. Defined Benefit Pension Plan, Kaassi International, Inc. Defined Benefit Pension Plan, and KZA Inc. Defined Benefit Pension Plan for the annexation of Assessor's Parcel No.'s 333 040 043 and 333 040 044, located on the northwest corner of the intersection of Encanto Drive and McCall Boulevard, into Community Facilities District No. 2017 1 ("CFD No. 2017 1" or "CFD"), Maintenance Services, as Annexation Area No. 27; and 2. Adopted Resolution No. 24-1511, intent to add Annexation No. 27 into CFD No. 2017 1, to authorize the levy of special tax therein to finance certain maintenance services, and to set a public hearing for January 15, 2025. 10.9 Fiscal Year 2024/2025 Police Department Fleet Vehicle Purchases ACTION 1. Approved and authorized the Finance Department to issue a purchase order for the purchase of six vehicles from Winner Chevrolet in a not to exceed amount of $392,138.55, including tax and delivery, from the Grant Fund (ARPA), through a California Department of General Services Agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Contract No. 1 22 23 23D; and 2. Approved and authorized the Finance Department to issue a purchase order for six vehicle upfits which includes lights and sirens, from the State of California Contract Vendor Wondries/National Auto Fleet Group in a not to exceed amount of $186,729.30, including tax and service fees, from the Law Enforcement DIF Fund, through a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell Contract No. 091521 NAF; and 3. Approved and authorized the Finance Department to issue a purchase order for six 1-3/Harris XL 200 Mobile Radios from Cazcom, Inc. in a not to exceed amount of $49,417.78, including tax and delivery, from the Grant Fund (ARPA), through a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with NASPO and HGAC Contracts; and 4. Approved and authorized the Finance Department to issue a purchase order for six Getac V110 G7 In Car Computers from SHI International Corp. in a not to exceed amount of $33,597.27, including tax and delivery, from the Law Enforcement DIF Fund and Grant Fund (ARPA), through a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with OMNIA Partners Contract No. 2018011 02; and 5. Authorized the City Manager or his designee to execute the required documents and approve any future change orders due to price increase, limited availability, or unavailability of vehicles. Menifee Mayor and City Council November 20, 2024 Page 6 of 13 10.10 Memorandum of Understanding with the City of Indio for Off Duty Staffing of Special Events ACTION 1. Approved and authorized the City Manager, or designee, to execute a Memorandum of Understanding (MOU) with the City of Indio for the reimbursement of costs for off duty staffing at special events. 10.11 Bid Award and Agreement with Davis 011is Landscape Development, Inc. for the Cherry Hills Street Median Conversion Project ACTION 1. Awarded bid and authorized the City Manager to execute a Contract Services Agreement with David 011is Landscape Development, Inc. to perform construction services for the Cherry Hills Street Median Conversion Project, Capital Improvement Project (CIP) No. 24 22, located on Cherry Hills Boulevard between Pebble Beach Drive and Sun City Boulevard, in the amount not to exceed $133,983.20; and 2. Approved a budget transfer in the amount of $7,000 (Grant Fund), reprogramming American Rescue Plan Act (ARPA) funds from CIP 25 10: Kay Ceniceros Display Sign Project savings to CIP 24 22: Cherry Hills Street Median Conversion Project. 10.12 Bid Award and Agreement with AD Improvements, Inc. for the Krikorian Entertainment Complex Demolition and Site Clearance Project The following speaker addressed the City Council. • Michael Knighten ACTION 1. Subject to Recommended Action 2, below, awarded bid and authorized the City Manager to, if necessary, execute a Contract Services Agreement ("Agreement") with AD Improvements, Inc. for the Krikorian Entertainment Complex Demolition and Site Clearance Project ("Project"), located at the southwest corner of Newport Road and Town Center Drive, in the total amount of $231,100; and 2. Authorized the City Manager to forego execution of the Agreement and/or to terminate the Agreement, if he determines that the abatement work on the Krikorian Entertainment Complex property will be privately performed within a reasonable time and to the reasonable satisfaction of City staff. 3. Adopted Resolution No. 24-1512 appropriating $265,765 for the Project within the General Fund. Menifee Mayor and City Council November 20, 2024 Page 7 of 13 10.13 Agreement with Chandler Asset Management for Professional Investment Services ACTION 1. Approved and authorized the City Manager to execute a Professional Services Agreement with Chandler Asset Management for professional investment services in an annual not to exceed amount of $125,000 through June 30, 2027. 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services ACTION 1. Approved and authorized the City Manager to execute a Master Agreement for professional on call services with PCE for sound and stage equipment rental services in the amount of $42,710 for Fiscal Year (FY) 2024/20251 and 2. Authorized the City Manager to approve three one year auto renewals to the PCE Master Agreement in the amount of $68,710 annually, at the City's discretion and contingent on availability of the corresponding budget; and 3. Approved and authorized the City Manager to execute a Master Agreement for professional on call services with Rhythm Tech Productions for sound and stage equipment rental services in the amount of $42,710 for FY 2024/2025; and 4. Authorize dthe City Manager to approve three one year auto renewals to the Rhythm Tech Productions Master Agreement in the amount of $68,710 annually, at the City's discretion and contingent on availability of the corresponding budget. 10.15 Agreement Amendment with T.Y. LIN International for the Holland Road / 1 215 Overcrossing Project ACTION 1. Approved and authorized the City Manager to execute Amendment No. 7 to the Professional Services Agreement with T.Y. Lin International, for the Holland Road / 1 215 Overcrossing, Capital Improvement Program (CIP), Project No. CIP 13 03, increasing the compensation by $15,000, for a total amount not to exceed $2,586,667 and to extending the term through June 30, 2025. Menifee Mayor and City Council November 20, 2024 Page 8 of 13 10.16 Agreement, Bond and Public Improvement Acceptance for RV Super Center ACTION 1. Approved and authorized the City Manager to execute an Improvement Agreement to warranty streets, drainage, water, sewer and landscape improvements associated with RV Super Center, Conditional Use Permit No. 2016 233, located at the southeast corner of Encanto Drive and McLaughlin Road (APN 331 120 066); and 2. Accepted the public improvements for the RV Super Center. 10.17 Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP ACTION 1. Accepted the landscape improvements for Parcel Map 37130, McCall Plaza, located south of McCall Boulevard and east of Sherman Road; and 2. Authorized the City Engineer to release the posted securities per the City's Standard Policies. 10.18 Notice of Completion and Acceptance for the Bradley Road Widening Near Paloma Valley High School Northern Entrance Project ACTION 1. Accepted the improvements for the Bradley Road Widening near Paloma Valley High School Northern Entrance Project, Capital Improvement Program (CIP) Project No. 23 03, located on the east side Bradley Road, just south of Maltese Way; and 2. Authorized the City Clerk to file a Notice of Completion with the Riverside County Recorder's Office. 11. PUBLIC HEARING ITEMS 11.1 Ethanac Business Park Associate Planner Fernando Herrera provided a presentation. The City Council asked staff questions. Mayor Zimmerman opened the public hearing at 7:37 PM. Acting City Clerk Stephanie Roseen stated the public hearing was legally noticed. Correspondence was received by the following. • City of Perris Applicant Jon Kelley with Core5 addressed the City Council. Menifee Mayor and City Council November 20, 2024 Page 9 of 13 The following speakers addressed the City Council. • Jayson Baiz • John Fox • Andrew Mayorga • Salvador Amezquita • Jon Shardlow • Armando Herrera Mayor Zimmerman closed the public hearing at 7:51 PM. Councilmember Karwin spoke in favor of the item. Councilmember Estrada spoke in opposition of the item. Councilmember Sobek spoke in favor of the item. Mayor Pro Tern Deines spoke in favor of the item. Acting City Clerk Stephanie Roseen introduced the ordinance by title. ACTION 1. Adopted Resolution No. 24-1513, adopting a Mitigated Negative Declaration, based on the findings incorporated in the Initial Study and the conclusion that the project will not have a significant effect on the environment and direct staff to file a Notice of Determination; and 2. Adopted Resolution No. 24-1514, approving General Plan Amendment No. PLN23 0173, generally located east of Trumble Road, south of Ethanac Road, west of Sherman Road and north of McLaughlin Road; and 3. Adopted Resolution No. 24-1515, approving Plot Plan No. PLN23 0171, generally located east of Trumble Road, south of Ethanac Road, west of Sherman Road and north of McLaughlin Road. MOVER: Bob Karwin SECONDER: Dean Deines YES: Zimmerman, Karwin, Sobek, Deines AYS: Estrada ECUSE: None 4. Introduced an ordinance approving Specific Plan Amendment No. PLN23 0175 and Zone Change No. PLN23 0174. MOVER: Bob Karwin SECONDER: Dean Deines AYES: Zimmerman, Karwin, Sobek, Deines NAYS: Estrada RECUSE: None Menifee Mayor and City Council November 20, 2024 Page 10of13 11.2 Appeal of the CADO Menifee Industrial Warehouse Project Principal Planner Ryan Fowler provided a presentation. The City Council asked staff questions. Mayor Zimmerman opened the public hearing at 8:27 PM. Acting City Clerk Stephanie Roseen stated the public hearing was legally noticed. Correspondence was received by the following. • City of Perris • Applicant, Capstone Industrial John Fox, City Attorney on behalf of the City of Perris, spoke in opposition of the project. President of Capstone Alex Zizakis and legal land use counsel addressed the City Council and provided a presentation. The following speakers addressed the City Council. • Cheryl Cay • Zach Strasters • Loui Lopez • Carlos Garcia • Elijah Silva • John Sisley • Juan Serrato • Jonathan Dailey • Omar Cobian • Kelly DeChristopher • Jon Shardlow The City Council asked questions of the appellant. Mr. Fox addressed the City Council. Mr. Zizakis addressed the City Council. Mayor Zimmerman closed the public hearing at 9:12 PM. Councilmember Estrada spoke in opposition of the item. Councilmember Karwin spoke in favor of the item. Mayor Zimmerman spoke in favor of the item. Mayor Pro Tern spoke in favor of the item. Councilmember Sobek spoke in favor of the item. Menifee Mayor and City Council November 20, 2024 Page 11 of 13 ACTION 1. Adopted Resolution No. 24-1516, denying Appeal No. PLN24 0182, certifying the Environmental Impact Report (State Clearinghouse No. 2022040622), and adopting the Findings of Fact and Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program. MOVER: Dean Deines SECONDER: Bob Karwin AYES: Zimmerman, Karwin, Sobek, Deines NAYS: Estrada RECUSE: None 2. Adopted Resolution No. 24-1517, denying Appeal No. PLN24 0182 and approving Tentative Parcel Map No. 38139 (PLN22 0041) and Plot Plan No. PLN21 0370 generally located north of Corsica Lane, south of Kuffel Road, east of Wheat Street, and west of Byers Road. MOVER: Dean Deines SECONDER: Bob Karwin AYES: Zimmerman, Karwin, Sobek, Deines NAYS: Estrada RECUSE: None 12. DISCUSSION ITEMS -NONE 13. CITY ATTORNEY REPORTS None. 14. CITY MANAGER REPORTS None. 15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS Councilmember Estrada requested a discussion item on the Economic Development Corridor — Northern Gateway land uses and relation to the general plan. Mayor Zimmerman seconded the request. Councilmember Karwin requested a discussion item regarding options to temporarily beautify the vacant lot located at the intersection of Bradly and Cherry Hills Boulevard for the City's Maintenance and Operations Center. Mayor Zimmerman seconded the request. Menifee Mayor and City Council November 20, 2024 Page 12 of 13 Mayor Zimmerman requested a joint workshop for the Planning Commission and City Council regarding the overview of development, land uses, and role of a Planning Commissioner. Councilmember Sobek seconded the request. 16. ADJOURN Mayor Zimmerman adjourned the meeting at 9:39 PM. C - to anie Roseen, CIVIC Acting City Clerk Menifee Mayor and City Council November 20, 2024 Page 13 of 13