City Council Chambers Menifee City Council
CITY OF Regular Meeting Minutes
29844 Haun Road
Menifee, CA 92586
Wednesday, January 18, 2023
MENIFEE
4:00 PM Closed Session
6:00 PM Regular Meeting
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada, District 2
Lesa Sobek, District 3 MINUTES
Dean Deines, District 4
CLOSED SESSION (4:00 PM)
Mayor Zimmerman called the meeting to order at 4:00 PM. Present were Councilmembers Deines, Estrada, Sobek, Mayor Pro Tem Karwin, and Mayor Zimmerman. Public comment via email was received from Don Slater for Closed Session item #3 and was provided to the City Council. At 4:01 PM, the City Council recessed to closed session for the purposes below.
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code Section 54956.9 (d)(1)):
Golden State Environmental Justice Alliance vs. City of Menifee, City of Menifee City Council,
(Superior Court, County of Riverside, Case No. CVR12205205)
2. CONFERENCE REGARDING REAL PROPERTY NEGOTIATIONS (Government Code Section 54956.8):
Property Description: APN: 337310009
City Negotiator(s): Armando Villa, City Manager; Rochelle Clayton, Assistant City Manager; Gina Gonzalez, Economic Development Director
Negotiating Parties: Bank of America National Trust & Savings Association Under Negotiation: Price and terms of payment
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957(b)(1)):
Evaluation of City Manager
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
Mayor Zimmerman called the regular meeting to order at 6:02 PM.
There were no reportable actions from Closed Session.
2. ROLL CALL
Present: Dean Deines, Ricky Estrada, Bob Karwin, Lesa Sobek, Bill Zimmerman
Absent: None
Menifee Mayor and City Council January 18, 2023
3. WORDS OF INSPIRATION
3.1 Eric Russell, 1st Counselor in the Paloma Valley Ward Bishopric of the Menifee Church of Jesus Christ of Latter-day Saints
4. PLEDGE OF ALLEGIANCE
Tony Reverditto, Menifee Chamber of Commerce Board Member, led the flag salute.
PRESENTATIONS
5.1 Business Spotlight - Bushfire Kitchen
The City Council presented Jude Eranimus, Bushfire Kitchen, with a certificate and provided a promotional video.
5.2 Community Services Update
Staff provided a presentation.
5.3 2022 Outstanding Citizen of the Year - Paige Stowe
The City Council presented Paige Stowe with the 2022 Outstanding Citizen of the Year award.
6. AGENDA APPROVAL OR MODIFICATIONS
The agenda was approved unanimously (5-0) with no modifications.
7. PUBLIC COMMENTS (NON AGENDA ITEMS)
The following speakers addressed the City Council on non-agenda items:
• Bruce Ratliff
Adam Eventov
• Mary Dempsey
Kassen Klein
COUNCILMEMBER UPDATES AND COMMENTS
Councilmember Deines reported out on the meetings and events he attended:
Riverside Transit Agency Board Meeting
Councilmember Estrada reported out on the meetings and events he attended:
Santa's Workshop in Quail Valley
• Sheriff Chad Bianco's swearing-in ceremony
• Regional Conservation Authority Board Meeting
• Quail Valley Community Meeting
Menifee Mayor and City Council January 18, 2023
Councilmember Sobek reported out on the meetings and events she attended:
Hanukkah Festival and Gelt Drop Ceremony at Central Park • Santa's Workshop and Spark of Love Toy Drive
January's Student of the Month event at Sizzler
Menifee's Better Together meeting
Martin Luther King Ecumenical Service at the View Church Mayor Pro Tem Karwin reported out on the meetings and events he attended:
• Hanukkah Festival and Gelt Drop Ceremony at Central Park • Met with multiple residents at his office regarding Menifee Mayor Zimmerman reported out on the meetings and events he attended:
• Southern California Edison Government Advisory Panel
• Breakfast with Santa
Community Partners Meeting
• Riverside County Transportation Commission Board Meeting Chamber of Commerce Mixer at Pacifica
• Hanukkah Festival and Gelt Drop Ceremony at Central Park Murrieta-Temecula Group Meeting
Chamber of Commerce Meeting at Archibald's
Menifee Planning Commission Meeting to support outgoing Chair David White • Inland Empire Coalition of Mayors
• Martin Luther King Ecumenical Service at the View Church • League of California Cities Mayor's Coalition Meeting
APPROVAL OF MINUTES
The minutes were approved unanimously (5-0) with no modifications.
9.1 December 7, 2022 Minutes
9.2 December 15, 2022 Special Minutes
10. CONSENT CALENDAR
The City Council requested to pull item nos. 10.4, 10.8, and 10.9. The balance of the Consent Calendar was approved by the following vote:
MOVER: Dean Deines
SECONDER: Bob Karwin
AYES: Deines, Estrada, Karwin, Sobek, Zimmerman
NAYS: None
RECUSE: None
Menifee Mayor and City Council January 18, 2023
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 11/17/2022, 12/01/2022, and 12/15/2022, the Payroll Register/Other EFTs dated 11/15/2022, 11/16/2022, 11/23/2022, 11/25/2022, 12/2/2022, 12/5/2022, 12/9/2022, and 12/12/2022 and
58.314.8146k Listing PE 11/30/2022 which have a total budgetary impact of
10.3 Treasurer's Report - September 2022
1. Approved the Treasurer's Report as of September 30, 2022.
10.4 Monthly Public Safety Reports
This item was pulled for further discussion.
ACTION
1. Received and filed.
MOVER: Lesa Sobek
SECONDER: Bob Karwin
AYES: Deines, Estrada, Karwin, Sobek, Zimmerman
NAYS: None
RECUSE: None
10.5 Assembly Bill 1600 Annual Report
ACTION
1. Received and filed the Fiscal Year (FY) 2021/2022 annual report on receipt and use of AB 1600 Development Fees.
10.6 Resolution of Intention for Community Facilities District 2017 1, Annexation No. 19, Popeyes
ACTION
1. Accepted the Petition of DMSD Cajun Properties, LLC, PLN 22-0199 located south of Newport Road just east of Winter Hawk Road into Community Facilities District No. 2017 1 (Maintenance Services) ("CFD No. 2017 1" or "CFD") as Annexation Area No. 19; and
2. Adopted Resolution No. 23-1273 of Intention to add Annexation Area No. 19 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 March 1, 2023.
Menifee Mayor and City Council January 18, 2023
10.7 Resolution of Intention for Community Facilities District 2017 1, Annexation No. 17, On Deck
ACTION
1. Accepted the Petition of VSK Investments, LLC, PM 37145 located east of | 215 on the northwest corner of Highway 74 and Trumble Road to annex into Community Facilities District No. 20171 (Maintenance Services) (CFD No. 2017 1) as Annexation Area No. 17; and
Adopted Resolution No. 23-1274 of Intention to add Annexation Area No. 17 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 March 1, 2023.
10.8 Eastern Municipal Water District Utility Relocation Agreement for the Menifee Road Resurfacing Project
This item was pulled for further discussion.
ACTION
1. Authorized the City Manager to execute a Utility Relocation Agreement between the City of Menifee and Eastern Municipal Water District (EMWD), and any future amendments thereof, for reimbursement of costs related to adjustment of water facilities for Menifee Road Resurfacing Project, Capital Improvement Project No. 22 06.
MOVER: Lesa Sobek
SECONDER: Dean Deines
AYES: Deines, Estrada, Karwin, Sobek, Zimmerman
NAYS: None
RECUSE: None
10.9 Agreement with Ninyo & Moore for Materials Testing Services for Menifee Road Resurfacing Project
This item was pulled for further discussion.
ACTION
1. Approved and authorized the City Manager to execute a Professional Services Agreement with Ninyo & Moore in an amount not to exceed $42,535.80 to provide materials testing services for the Menifee Road Resurfacing Project, Capital Improvement Project (CIP) No. 22 06.
MOVER: Lesa Sobek
SECONDER: Dean Deines
AYES: Deines, Estrada, Karwin, Sobek, Zimmerman
NAYS: None
RECUSE: None
Menifee Mayor and City Council January 18, 2023
10.10 Agreement with West Coast Arborist, Inc. for City wide Tree Trimming and Maintenance Services
ACTION
1. Approved and authorized the City Manager (or his designee) to execute a Professional Services Agreement with West Coast Arborist, Inc. for citywide tree trimming and maintenance services in the amount not to exceed $176,402 for the remainder of Fiscal Year (FY) 2022/2023; and
2. Authorized the City Manager to execute agreement amendments) for the remainder of FY 2022/2023, and an additional four one year amendments for annual services, at the City's discretion, and contingent on availability of the
10.11 Landscape Maintenance Agreement with Caltrans for On Deck Project, Parcel Map 37145
ACTION
1. Approved and authorized the City Manager to execute a Landscape Maintenance Agreement with Caltrans for maintenance of public improvements for Parcel Map 37145, located on the north side of Highway 74, west of Trumble Road.
10.12 Landscape Improvement Agreement and Bond for Tract Map 37668, Sumac Ridge, by Meritage Homes of California, Inc.
ACTION
1. Approved and authorized the City Manager to execute a Landscape Improvement Agreement to guarantee the completion of required landscape improvements associated with Tract 37668, located north of Scott Road at the intersection of Lindenberger Road.
10.13 Amendment to Agreement for On Call Traffic Engineering Services with STC Traffic, Inc.
ACTION
1. Approved and authorized the City Manager to execute Amendment No. 1 to Professional Services Agreement with STC Traffic, Inc. for on call traffic engineering services, increasing the agreement by $66,000 for a total agreement not to exceed amount of $90,000.
10.14 Community Services Department, General Contractor Services On Call Short List ACTION
1. Approved the Community Services Department On call Short List for general contractor services for Fiscal Year's 2022/2023 through 2024/2025.
10.15 Laserfiche Rio System Additional Licenses Purchase ACTION
1. Approved the purchase and authorized the Finance Department to issue a corresponding Purchase Order (PO) for the purchase of 100 additional Laserfiche Rio System licenses based on the attached quote for a not to exceed amount of $104,790 and using available funds within account #110 4113 51353 (Computer Software); and
Menifee Mayor and City Council January 18, 2023
2. Allowed the purchase to be made as a cooperative purchasing (piggyback) agreement under National Cooperative Purchasing Alliance Contract No. 11 25, pursuant to Menifee Municipal Code Chapter 3.12.070(6); and
3. Authorized the City Manager to issue up to three additional one year purchase orders at $49,999 per year, for auto renewals.
10.16 Notice of Completion and Acceptance for Tradewinds Community Resurfacing, Capital Improvement Project No. 22 07
ACTION
1. Accepted the improvements for Capital Improvement Project (CIP) No. 2207, Tradewinds Community Resurtacing Project, and
2. Authorized the City Clerk to file a Notice of Completion with the Riverside County Recorder's Office.
10.17 Public Improvement Agreements and Bonds for Scott Road Commerce Center II, by
SRP II, LLC
ACTION
1. Approved and authorized the City Manager to execute the public improvement agreements to guarantee the completion of required public improvements associated with the Scott Road Commerce Center I project, located east of Zeiders Road and south of Ciccotti Street.
10.18 Acceptance of Public Improvements and Release of Security for Plot Plan 2017 042, Wellquest Senior Living, by Wellquest Menifee, LLC
ACTION
1. Accepted the public improvements for streets/drainage, water, recycled water, and sewer systems for Plot Plan 2017 042, Wellquest Senior Living, located on the east side of Antelope and north of Aldergate Drive; and
2. Authorized the City Engineer to release the posted securities per the City's Standard Policies.
11. PUBLIC HEARING ITEMS
11.1 Continuance of Introduction and First Reading of an Ordinance Amending Title 14, to include Chapter 14.02 - Public Street Excavation Moratorium ACTION
1. Continued the public hearing to introduce an ordinance amending Title 14 of the City of Menifee Municipal Code to include Chapter 14.02 Public Street Excavatior Moratorium implementing a public street excavation moratorium for all new reconstructed, and resurfaced streets, to the regular meeting of the City Council on February 15, 2023.
MOVER: Dean Deines
SECONDER: Lesa Sobek
AYES: Deines, Estrada, Karwin, Sobek, Zimmerman
NAYS: None
RECUSE: None
Menifee Mayor and City Council January 18, 2023
11.2 General Plan Amendment and Change of Zone to Expand the Economic Development Corridor - Community Core (EDC CC) to Scott Road and Update the Business Park Land Use Designation
Planning Manager Orlando Hernandez provided a presentation, emphasizing if revisions as recommended by the Planning Commission and staff are approved as presented, to incorporate them into the action.
Mayor Zimmerman opened the public hearing at 7:30 PM. The Acting Assistant City Clerk stated the public hearing was legally noticed and one item of correspondence was received and provided to the City Council.
Speaking in support of the item were:
• Kassen Klein
• Greg Hamann
Mayor Zimmerman closed the public hearing at 7:34 PM. The Acting Assistant City Clerk introduced the ordinance by title.
ACTION
1. Adopted Resolution No. 23-1275 adopting an Addendum to the City's General Plan Final Environmental Impact Report (EIR) (SCH No. 2012071033) and Housing Element Update EIR and directed staff to file a Notice of Determination; and Adopted Resolution No. 23-1276 approving General Plan Amendment No.
PLN21 0404.
MOVER: Bill Zimmerman
SECONDER: Dean Deines
AYES: Deines, Estrada, Karwin, Sobek, Zimmerman
NAYS: None
RECUSE: None
ACTION
3. Introduced an ordinance approving Change of Zone No. PLN21 0405, including revisions as recommended by the Planning Commission and staff as presented.
MOVER: Bill Zimmerman
SECONDER: Lesa Sobek
AYES: Deines, Estrada, Karwin, Sobek, Zimmerman
NAYS: None
RECUSE: None
12. DISCUSSION ITEMS
12.1 Community Facilities District 2020 1, McCall Mesa, Issuance of Special Tax Bonds Deputy Finance Director Margarita Cornejo provided a presentation.
Menifee Mayor and City Council January 18, 2023
ACTION
1. Adopted Resolution No. 23-1277 authorizing the issuance of special tax bonds and bond documents in connection with Community Facilities District (CFD) No. 2020 1 (McCall Mesa) located in the northeastern portion of the City, on the southwest corner of Menifee Road and Rouse Road; and
Authorized the City Manager to appropriate funds for debt service and related expenditures and revenues within the McCall Mesa custodial fund.
MOVER: Dean Deines
SECONDER: Lesa Sobek
AYES: Deines, Estrada, Karwin, Sobek, Zimmerman
NAYS: None
RECUSE: None
12.2 Proposed Committee and Commission Appointments
Assistant City Manager Rochelle Clayton presented on this item.
ACTION
1. Mayor Pro Tem Karwin reappointed: a) June Conant to Quality of Life Measure DD Oversight Committee; and b) Linda Blanche to the Senior Advisory
2. Councilmember Estrada appointed: a) Joe Long to Planning Commission, b) William Payne to Parks, Recreation, and Trails Commission, c) Laz Peterson to Quality of Life Measure DD Oversight Committee, and d) Debbi Manion to Senior Advisory Committee; and
3. Councilmember Sobek reappointed: a) Michael Cano to Quality of Life Measure DD Oversight Committee; and b) Bruce Atwood to the Senior Advisory Committee; and
4. Councilmember Deines appointed: a) Ben Diederich to Planning Commission, and reappointed: b) Tierra Bowen to Parks, Recreation, and Trails Commission; c) John Standish to the Quality of Life Measure DD Oversight Committee, and d) Anne-Marie Novack to Senior Advisory Committee; and Mayor Zimmerman reappointed: a) Michael Knighten to Quality of Life Measure DD Oversight Committee, and b) Gloria Sanchez to Senior Advisory Committee.
12.3 City of Menifee Legislative Platform
Public Information and Legislative Officer Phil Southard provided a presentation.
ACTION
1. Reviewed and approved the updated Legislative Platform; and
2. Reaffirmed the Legislative Policy approved on August 5, 2020.
MOVER: Bob Karwin
SECONDER: Lesa Sobek
AYES: Deines, Estrada, Karwin, Sobek, Zimmerman
NAYS: None
RECUSE: None
Menifee Mayor and City Council January 18, 2023
12.4 Veterans Recognition Events and Advisory Committee Community Services Director Jonathan Nicks provided a presentation.
ACTION
1. Following discussion and additional input on options for recognizing Vietnam and Korean War Veterans, and the potential formation of a Veterans Advisory Committee, by consensus the City Council agreed to have staff bring back more information, particularly on potential formation of a Veterans Advisory Committee, including the fiscal impact.
12.5 Procedures and Policies Applicable to City Council Meetings City Attorney Jeff Melching provided a presentation.
ACTION
By consensus, Council:
1. Directed staff to return with a Visual Media Policy; and
2. Approved administrative corrections to the existing Code of Ethics and to match Rules of Decorum, including Council Members communicating to the City Manager to add future agenda items, outside the regular agenda process of adding at a meeting, that items will not be added in advance of the meeting unless the issue cannot be addressed otherwise due to timeliness; and
3. Determined not to proceed with increasing compensation at this time.
ACTION
4. Adopted and approved City of Menifee's Policy No. CC 04, Social Media for Public Officials.
MOVER: Dean Deines
SECONDER: Lesa Sobek
AYES: Deines, Karwin, Sobek, Zimmerman
NAYS: Estrada, preferred as good practices, citing redundancies RECUSE: None
13. CITY ATTORNEY REPORTS
None.
14. CITY MANAGER REPORTS
None.
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
Councilmember Sobek requested staff to research if there is a need for an adult daycare facility, seconded by Deines.
Menifee Mayor and City Council January 18, 2023
16. ADJOURN
Mayor Zimmerman adjourned the meeting at 9:33 PM in memory of Deputy Isaiah Cordero and Deputy Darnell Calhoun of the Riverside County Sheriff's Department. suzy Nelson
Acting Assistant City Clerk
Menifee Mayor and City Council January 18, 2023