City Council Chambers Menifee City Council
CITY OF Regular Meeting Minutes
29844 Haun Road
Menifee, CA 92586
MENIFEE Wednesday, May 01, 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 Tem Deines, and Mayor Zimmerman. The City Council recessed to closed session at 5:01 PM for the purposes listed below.
1. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, SIGNIFICANT
EXPOSURE TO LITIGATION
Gov. Code Section 54956.9(d)(2) or (3): Three Cases
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 Riverside County Superior Court Case No. CVRI230303456
City of Perris v. City of Menifee
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9 Riverside County Superior Court Case No. CVRI2203040
City of Menifee v. City of Perris
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
Mayor Zimmerman called the meeting to order at 6:11 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
WORDS OF INSPIRATION
Bob Harris Good Co. Rodeo Ministries
Menifee Mayor and City Council May 1, 2024
PLEDGE OF ALLEGIANCE
Angelica Austin led the flag salute.
PRESENTATIONS
5.1 Paloma Valley Girls Volleyball Team Recognition
The City Council recognized the players and coaches of the Paloma Valley High School girls' volleyball team.
5.2 Older Americans Month Proclamation
The City Council presented the Menifee Senior Advisory Committee and resident Ken Wright with a proclamation. Representatives from the offices of Assemblyman Bill Essayli, Senator Kelly Seyarto, and Congressman Ken Calvert presented the Committee with certificates.
5.3 National Sapphire Segulah Day Proclamation
The City Council presented LaDana Lucious with a Proclamation.
5.4 Police Department Quarterly Update
Menifee Police Chief Karrer provided a presentation.
AGENDA APPROVAL OR MODIFICATIONS
The agenda was approved unanimously (5 0) with no modifications.
PUBLIC COMMENTS (NON AGENDA ITEMS)
The following speaker addressed the City Council on non agenda items.
Amanda Fine
COUNCILMEMBER UPDATES AND COMMENTS
Councilmember Karwin reported on the meetings and events he attended. • Menifee Citizens Academy Graduation
Community Center Town Hall
• Graduation for Menifee Master's Program
• Rotary Club Meeting
Menifee Better Together
Menifee Chamber of Commerce Gala
State of the College
• Pacifica Chili Cook Off Judge
Councilmember Estrada reported on the meetings and events he attended. • Menifee Citizens Academy Graduation
• Community Center Town Hall
Menifee Mayor and City Council May 1, 2024
• Graduation for Menifee Master's Program
• State of the College
• Menifee Better Together
• Menifee Chamber of Commerce Gala
Councilmember Sobek reported on the meetings and events she attended. • Southwest Coalition of Higher Education Meeting
• Menifee Citizens Academy Graduation
• Southwest Elected Collaborative Group Meeting
• Menifee Chamber of Commerce Mid-Day Mixer
• Community Center Town Hall
• Menifee Chamber of Commerce Gala
• Arts Council Menifee Showcase
• Menifee Better Together
Mayor Pro Tem Deines reported on the meetings and events he attended • Sphere of Influence Ad Hoc Subcommittee Meeting
• Southwest Riverside Transit Agency (RTA) T-Now Meeting • RTA Board of Directors Meeting
• RTA Administrative Meeting
Mayor Zimmerman reported on the meetings and events he attended. • Morning with the Mayors Event
• Pacifica Chili Cook Off Judge
• NJROTC Award Ceremony
• Arts Council Menifee Got Talent Auditions
• Women's Club Open House
Vagabond Theater Censored at First Approach
Sphere of Influence Ad Hoc Subcommittee Meeting
• Leadership Day at Boulder Ridge Elementary School
• Southwest Coalition of Higher Education Meeting
• Prime Minster of Birland, Eden Soriano Trinidad Visit • Menifee Citizens Academy Graduation
• Menifee Chamber of Commerce Mixer
• Menifee Chamber of Commerce Board Meeting
• Rotary Club Meeting
Community Center Town Hall
• State of the College
• Menifee Union School District's Evening of Excellence • Menifee Better Together
• Arts Council Menifee Showcase
• Menifee Chamber of Commerce Gala
• History Museum Docent
Menifee Mayor and City Council May 1, 2024
9. APPROVAL OF MINUTES
The following sets of minutes were approved unanimously (5 0) with no modifications.
9.1 April 3, 2024 Special Minutes (Workshop)
9.2 April 3, 2024 Special Minutes (Closed Session)
9.3 April 3, 2024 Regular Minutes
10. CONSENT CALENDAR
The consent calendar was approved by the following vote.
MOVER: Dean Deines
SECONDER: Lesa Sobek
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 03/29/2024 and 04/05/2024 and the Payroll Register/Other EFTs dated 03/29/2024, 04/02/2024, and 04/03/2024, and the Void Check Listing PE 03/31/2024 which have a total budgetary impact of $2,885,450.17.
10.3 Proclamations
ACTION
1. Proclaimed the week of May 6 - 10, 2024 as "Economic Development Week"
2. Proclaimed the week of May 5 - 11, 2024 as "Professional Municipal Clerks Week"; and
3. Proclaimed the Month of May 2024 as "Building Safety Month".
10.4 Developer Funded California Environmental Quality Act Consultant Update for the Third Quarter of Fiscal Year 2023/2024
ACTION
1. Received and filed the third quarterly update on executed California Environmental Quality Act consultant contracts for Fiscal Year 2023/2024.
10.5 Second Reading and Adoption of an Ordinance Approving Menifee North Specific Plan Amendment No. 5
Menifee Mayor and City Council May 1, 2024
1. Adopted Ordinance No. 2024-392, approving Menifee North Specific Plan Amendment No. 5 (PLN21 0276).
10.6 Second Reading and Adoption of an Ordinance Repealing and Replacing Menifee Municipal Code Section 3.12.090 as it Relates to Change Orders ACTION
1. Adopted Ordinance No. 2024-393, repealing and replacing Menifee Municipal Code Section 3.12.090 as it relates to change orders.
10.7 Delegation of Authority for CaPERS Industrial Disability Retirement Determinations
1. Adopted Resolution No. 24-1411, delegating authority to the Cily Manager, or their designee, to apply for and certify CaPERS determinations regarding local safety members' eligibility for disability retirement.
10.8 Annual Solid Waste Rate Adjustment
1. Approved the USA Waste of California, In aba Waste Management of the Inland Empire ("Waste Management") proposed solid waste rate adjustments for Fiscal Year (FY) 2024/2025.
10.9 Organic Waste Services Senior Bill Assistance Program for Remaining Homeowner Association Roll Out
ACTION
1. Authorized a transfer within the Solid Waste and Recycling Division budget in the amount of $63,250 from the Business Assistance Program into the Senior Bill Assistance Program; and
2. Approved and authorized an increase to Purchase Order No. 05168 with Waste Management in the total amount of $63,250 for a revised total of $104,500 for payment of the Senior Bill Assistance Program.
10.10 Agreement with NV5, Inc. for Architectural and Engineering Services for the Bailey Park Boulevard Widening Project
ACTION
1. Approved and authorized the City Manager to execute a Professional Services Agreement with NV5, Inc. for Architectural and Engineering Services for a total not to exceed amount of $66,983.27 through June 30, 2025, for the Bailey Park Boulevard Widening Project; and
2. Authorized the Finance Department to issue purchase orders as necessary.
10.11 Agreement with Dokken Engineering for the Environmental and Civil Design Services the Watson Road at Harvest Valley Elementary School - Active Transportation Program Project
Menifee Mayor and City Council May 1, 2024
ACTION
1. Approved and authorized the City Manager to execute a Professional Services Agreement with Dokken Engineering for environmental and civil design services for the Watson Road at Harvest Valley Elementary School - Active Transportation Program project for a total not to exceed amount of $149,905 through June 30, 2025.
10.12 Agreement with Dokken Engineering for Environmental and Civil Design Services for the Romoland Elementary School - Active Transportation Program Project ACTION
1. Approved and authorized the City Manager to execute a Professional Services Agreement with Dokken Engineering for environmental and civil design services for the Romoland Elementary School - Active Transportation Program project for a total not to exceed amount of $149,825 through June 30, 2025; and
2. Adopted Resolution No. 24-1414, amending the Fiscal Year 2023/2024 Budget, appropriating $18,825 in expenditures in Gas Tax (Fund 200) from available fund balance.
10.13 Agreement Amendment with Dokken Engineering for the Valley Boulevard Widening and Missing Links Project
ACTION
1. Approved and authorized the City Manager to execute Amendment No. 3 to the Professional Services Agreement with Dokken Engineering for environmental and civil design services, increasing the amount by $22,783 for a total not to exceed amount of $1,421,974.81, and extending the agreement term through June 30, 2025, for the Valley Boulevard Widening and Missing Links Project.
10.14 Agreement Amendment with the City of Murrieta for Dispatch Services ACTION
1. Approved and authorized the City Manager to execute the First Amendment and Restatement of the Dispatch Service Agreement with the City of Murrieta, memorializing existing practices as they relate to the allocation of operational program costs and data access.
10.15 Public Improvement Acceptance and 90% Release of Security for Goetz Marketplace, by Goetz Marketplace, LP
ACTION
1. Accepted the public improvements for streets and drainage for Goetz Marketplace, located at the northeast corner of Goetz Road and Vista Way; and
2. Authorized the City Engineer to release 90% of the posted securities per the City's standard policies.
10.16 Contract Change Order Ratification
Menifee Mayor and City Council May 1, 2024
ACTION
1. Ratified Contract Change Order No. 1 with JCOS Development, Inc. for Fire Station No. 68 Improvements Project, Capital Improvement Program (CIP) Project No. CIP 21 03 in the amount of $38,032 pursuant to Menifee Municipal Code (MMC) §3.12.090; and
2. Ratified Contract Change Order No. 3 with Roadway Engineering and Contracting, Inc. for Menifee and Garbani Road Traffic Signal Improvement Project No. CIP 21 11 in the amount of $29,800.96 pursuant to MMC §3.12.090; and
3. Ratified Contract Change Order No. 1 with Pavement Coating, Co. for the Potoma and Meadows Resurfacing Project, Pavement Management Program (PMP Project No. PMP 22 02 in the amount of $35, 150.46 pursuant to MMC §3.12.090.
11. PUBLIC HEARING ITEMS
11.1 Mister Car Wash Appeals
Associate Planner Brandon Cleary provided a presentation.
The City Council asked questions of staff.
Mayor Zimmerman opened the public hearing at 7:32 PM. Acting City Clerk Stephanie Roseen stated the public hearing was legally noticed.
Correspondence was received from the following.
• Menifee Neighbors Care
Lindsay Orellana
• Jaymi Zagone
Stacea Nelson
Diane Simones
Douglas Carstens
• Phil Derner
Appellant Jesse Marquez with Menifee Neighbors Care, reported on the appeal points.
Appellant John Minock was not in attendance.
Applicant Attorney Jonathan Shardlow reported on the proposed project and appeal points.
The following speaker addressed the City Council.
• Douglas Carstens
The City Council asked questions of the applicant and appellant.
Mr. Marquez provided a rebuttal.
Mr. Shardlow provided a rebuttal.
Mayor Zimmerman closed the public hearing at 8:09 PM.
Menifee Mayor and City Council May 1, 2024
Councilmember Sobek reported that she had previously received monetary contributions from the project applicant for her Committee and upon notification of the public hearing returned the applicable contributions.
Mayor Zimmerman called for a recess. The City Council returned at 8:17 PM.
ACTION
1. Adopted Resolution No. 24-1412, upholding the Planning Commission approval of Major Plot Plan No. PLN22 0289 and Major Conditional Use Permit No.
PLN22 0288 for the Mister Car Wash and Day Care development located in the existing Shoppes at the Lakes Commercial Center and deny Appeal No.
PLN24 0068 and Appeal No. PLN24 0069.
MOVER: Bob Karwin
SECONDER: Dean Deines
AYES: Zimmerman, Karwin, Sobek, Deines
NAYS: Estrada
RECUSE: None
11.2 Community Development Block Grant for Program Year 2024/2025 Annual Action Plan
Community Development Director Cheryl Kitzerow provided a presentation.
The City Council asked questions of staff.
Mayor Zimmerman opened the public hearing at 8:25 PM. Acting City Clerk Stephanie Roseen stated the public hearing was legally noticed and no correspondence had been received.
The following speakers addressed the City Council.
• Dawn Smith
• Lynn Kelly Lehner
Mayor Zimmerman closed the public hearing at 8:31 PM.
ACTION
1. Adopted Resolution No. 24-1413, approving the City's Community Development Block Grant (CDBG) Program Year (PY) 2024/2025 Annual Action Plan.
MOVER: Lesa Sobek
SECONDER: Dean Deines
AYES: Zimmerman, Karwin, Estrada, Sobek, Deines
NAYS: None
RECUSE: None
Menifee Mayor and City Council May 1, 2024
12. DISCUSSION ITEMS
12.1 Adaptive Sports Summer Programs
Community Services Manager Mariana Mitchell provided a presentation.
The City Council asked questions of staff and provided direction to partake in partnership opportunities within the City's existing budget and investigate potential expansion of programs dependent on available funding.
13. CITY ATTORNEY REPORTS
None.
Correspondence was received from the following.
• Don Slater
14. CITY MANAGER REPORTS
None.
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
None.
16. ADJOURN
Mayor Zimmerman adjourned the meeting at 8:46 PM.
Istan Mesea
Stephanie Roseen,
Acting City Clerk
Menifee Mayor and City Council May 1, 2024