CITY OF PERRIS
MINUTES:
Date of Meeting:
October 25, 2022
06:30 PM
Place of Meeting:
City Council Chambers
THIS MEETING WAS ALSO CONDUCTED AS A REMOTE MEETING IN ACCORDANCE WITH AB 361 AND RESOLUTION NUMBER 6046
CLOSED SESSION
ROLL CALL
Present: Rogers, Nava, Corona, Rabb, Vargas
Staff Member's Present for all items: City Manager Miramontes, Assistant City Manager Bugtai, Deputy City Manager Reyna, City Attorney Khuu, Director of Administrative Services Amozgar Item A (Case 1): Attorney Eric Dunn and Deputy City Attorney Tanner Item A (Case 2): Attorney Eric Dunn
Items B, C, D and E: Economic Development and Housing Manager Ogawa Item D: Special Project Consultant Motlagh
A.
Conference with Legal Counsel - Potential Litigation - Government Code Section 54956.9 (d)(2) - 2 cases
B.
Conference with Real Property Negotiators – Government Code Section 54956.8 Property: APN 313-180-013
City Negotiator: Clara Miramontes, City Manager
Negotiating Parties: Matthew Johnson
Under Negotiation: Price and terms of payment
C.
Conference with Real Property Negotiators – Government Code Section 54956.8 Property: APN 313-092-022, 313-092-007, 313-093-001, 313-093-020, 313-093-002, 313-093-003, 313-093-004, 313-093-005, 313-093-006, 313-081-004 City Negotiator: Clara Miramontes, City Manager
Negotiating Parties: Grapevine Development, LLC
Under Negotiation: Price and terms of payment
D.
Conference with Legal Counsel - Potential Litigation - Government Code Section 54956.9 (d)(4) - 1 case
E.
Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1); 3 cases:
1. City of Menifee v. City of Perris CVRI2203040
2. Panattoni Development Company, Inc. v. City of Perris CVRI2203028
3. Cado Menifee, LLC v. City of Perris CVR12203602
1. CALL TO ORDER: 6:30 P.M.
Mayor Vargas called the Regular City Council meeting to order at 6:30 p.m.
2. ROLL CALL:
Present: Rogers, Nava, Corona, Rabb, Vargas
Staff Members Present: City Manager Miramontes, Assistant City Manager Bugtai, Deputy City Manager Reyna, City Attorney Khuu, City Engineer McKibbin, Police Captain Sims, Fire Chief Barnett, Chief Information Officer Cervantes, Director of Community Services Chavez, Director of Development Services Phung, Director of Administrative Services Amozgar, Director of Public Works Hill, Assistant City Clerk Haughney and City Clerk Salazar.
3. INVOCATION:
Pastor Don Meinberg
Reflections Christian Fellowship
375 Ramona Expressway, Perris CA 92571
4. PLEDGE OF ALLEGIANCE:
Councilmember Rogers led the Pledge of Allegiance.
5. REPORT ON CLOSED SESSION ITEMS:
City Attorney Khuu reported that the City Council met in Closed Session to discuss the items listed on the agenda. He noted that an update was given, but no reportable action was taken.
6. PRESENTATIONS/ANNOUNCEMENTS: At this time, the City Council may recognize citizens and organizations that have made significant contributions to the community, and it may accept awards on behalf of the City.
A.
Recognition of Assemblymember Jose Medina.
Mayor Vargas announced that Item 12.B. would be taken out of order to accommodate the travel schedule of the presenter.
12.B.
Annual Legislative Update.
This item was introduced by Assistant City Manager Wendell Bugtai and turned over to Michelle Rubalcava, Senior Counsel with Nielsen Merksamer, for the presentation.
The following Councilmember spoke:
Corona
The Mayor called for Public Comment. There was no Public Comment.
7. YOUTH ADVISORY COMMITTEE COMMUNICATIONS:
The report was given by Youth Advisory Committee President Alexa Flores.
8. PUBLIC COMMENT/CITIZEN PARTICIPATION:
The Mayor called for Public Comment. The following person spoke at Public Comment:
Lina Barrera
9. APPROVAL OF MINUTES:
A.
Approved the minutes of the Regular Joint Meeting held on October 11, 2022 of the City Council, Successor Agency to the Redevelopment Agency, Public Finance Authority, Public Utility Authority, Housing Authority, Perris Community Economic Development Corporation and the Perris Joint Powers Authority.
The Mayor called for a motion.
M/S/C: Moved by
Rita Rogers, seconded by
Malcolm Corona to Approve the Minutes, as presented.
AYES:
Rita Rogers, Marisela Nava, Malcolm Corona, David Starr Rabb, Michael Vargas NOES:
ABSENT:
ABSTAIN:
10. CONSENT CALENDAR:
City Attorney Khuu noted that staff had requested that Item 10.E. be pulled for clarification.
Mayor Pro Tem Corona requested that Item 10.F. be pulled for separate consideration.
The Mayor called for Public Comment. There was no Public Comment.
A.
Approved the purchase of two (2) vehicles for field operations and community events from Toyota of Riverside.
B.
Approved an extension to the annual contract with RK Engineering Group, Inc. for traffic engineering services.
C.
Approved a Reconciliation and Credit Assignment Agreement with IDIG Rider Distribution Center, LLC for the North Perris Road and Bridge Benefit District (RBBD) fee program.
D.
Approved Extension of Time 22-05247 for Tentative Tract Map No. 33900 to facilitate the subdivision of a 116-acre property into 198 parcels. The project is located north of the San Jacinto River, east of McPherson Road and south of Ethanac Road. (Applicant: Derek Barbour, Richland Communities) E.
This item was considered
separately
-Adopted Resolution Number 6051 authorizing Richland Communities to file all necessary documents for a Federal Community Project Funding Request for the Ethanac Bridge, over the San Jacinto River Project.
Resolution Number 6051 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AUTHORIZING RICHLAND COMMUNITIES TO FILE ALL NECESSARY DOCUMENTS FOR A COMMUNITY PROJECT FUNDING REQUEST OF $6,000,000 FOR THE ETHANAC BRIDGE, OVER SAN JACINTO RIVER PROJECT Assistant City Manager Bugtai noted that a minor correction was made to the staff report and resolution for this item adding Capitol Core Group, Inc. an affiliate and federal lobbyist of Richland Communities and that the information had been posted on the website.
The following Councilmember spoke:
Vargas
The Mayor called for a motion.
M/S/C: Moved by
David Starr Rabb, seconded by
Marisela Nava to Approve Resolution Number 6051, adding Capitol Core Group as noted by City Attorney Khuu.
AYES:
Rita Rogers, Marisela Nava, Malcolm Corona, David Starr Rabb, Michael Vargas NOES:
ABSENT:
ABSTAIN:
F.
This item was pulled by Mayor Pro Tem Corona for separate consideration -Adopted Resolution Number 6052 to continue Tele/Video-Conference Meetings during COVID-19 State of Emergency pursuant to the Provisions of AB 361.
Resolution Number 6052 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MAKING FINDINGS THAT PURSUANT TO ASSEMBLY BILL 361 THAT THE PROCLAIMED STATE OF EMERGENCY CONTINUES TO IMPACT THE ABILITY TO MEET SAFELY IN PERSON AND AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF PERRIS FOR THE PERIOD BEGINNING OCTOBER 25, 2022 AND ENDING NOVEMBER 24, 2022 PURSUANT TO BROWN ACT PROVISIONS The following Councilmember spoke:
Corona
The Mayor called for a motion.
M/S/C: Moved by
David Starr Rabb, seconded by
Rita Rogers to Approve Resolution Number 6052, as presented.
AYES:
Rita Rogers, Marisela Nava, Malcolm Corona, David Starr Rabb, Michael Vargas NOES:
ABSENT:
ABSTAIN:
G.
Approved the restoration of the November 8, 2022 Regular City Council Meeting, by Rescinding the Prior Cancelation thereof.
H.
Adopted Resolution Number 6053 regarding annexation of PM 37437 and PM 37438 to Community Facilities District (CFD) 2001-3 (North Perris Public Safety District)-Annexation No. 50. PM 37437 is located at the northeast corner of Rider Street and Redlands Avenue. (APN(s) 303-170-004, 303-170-005, 303-170-011 and 303-170-014). PM 37438 is located on the southeast corner of Morgan Street and Redlands Avenue. (APN(s) 303-160-002, 303-160-003, 303-160-007 and 303-160-009). (Owner: IDIG Rider Distribution Center) Resolution Number 6053 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-3 (NORTH PERRIS PUBLIC SAFETY) OF THE CITY OF PERRIS DECLARING ITS INTENTION TO ANNEX CERTAIN TERRITORY THERETO [ANNEXATION NO. 50] I.
Adopted Resolution Number 6054 regarding annexation of PM 37437 and PM 37438 to Community Facilities District (CFD) 2018-02 (Public Services District)-Annexation No. 12. PM 37437 is located at the northeast corner of Rider Street and Redlands Avenue. (APN(s) 303-170-004, 303-170-005, 303-170-011 and 303-170-014). PM 37438 is located on the southeast corner of Morgan Street and Redlands Avenue. (APN(s) 303-160-002, 303-160-003, 303-160-007 and 303-160-009). (Owner: IDIG Rider Distribution Center) Resolution Number 6054 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS ACTING AS THE LEGISLATIVE BODY OF CITY OF PERRIS COMMUNITY FACILITIES DISTRICT NO. 2018-02 (PUBLIC SERVICES DISTRICT) DECLARING ITS INTENTION TO ANNEX CERTAIN TERRITORY THERETO [ANNEXATION NO. 12] J.
Adopted Resolution Number 6055 regarding annexation of DPR 19-00016 to Community Facilities District (CFD) 2001-3 (North Perris Public Safety District)-Annexation No. 51. DPR 19-00016 is located at the southeast corner of E. Rider Street and Redlands Avenue. APN(s) 300-210-030. (Owner: First Industrial, L.P.) Resolution Number 6055 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-3 (NORTH PERRIS PUBLIC SAFETY) OF THE CITY OF PERRIS DECLARING ITS INTENTION TO ANNEX CERTAIN TERRITORY THERETO [ANNEXATION NO. 51] K.
Adopted Resolution Number 6056 regarding annexation of DPR 19-00016 to Community Facilities District (CFD) 2018-02 (Public Services District)-Annexation No. 13. DPR 19-00016 is located at the southeast corner of E. Rider Street and Redlands Avenue. APN(s) 300-210-030. (Owner: First Industrial, L.P.) Resolution Number 6056 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS ACTING AS THE LEGISLATIVE BODY OF CITY OF PERRIS COMMUNITY FACILITIES DISTRICT NO. 2018-02 (PUBLIC SERVICES DISTRICT) DECLARING ITS INTENTION TO ANNEX CERTAIN TERRITORY THERETO [ANNEXATION NO. 13] L.
Adopted Resolution Number 6057 regarding annexation of DPR 18-00001, 18-00007 and 21-00007 to Community Facilities District (CFD) 2001-3 (North Perris Public Safety District)-Annexation No. 52. DPR 18-00001 is located on the northeast corner of Perris Boulevard and Commerce Drive. APN(s) 302-291-007 and 303-291-008. DPR 18-00007 is located on the northeast corner of Perris Boulevard and Commerce Drive. APN(s) 303-292-012. DPR 21-00007 is located south of Business Park Drive and north of East Rider Street. (APN(s) 303-293-009. (Owner: MS Perris, LLC) Resolution Number 6057 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-3 (NORTH PERRIS PUBLIC SAFETY) OF THE CITY OF PERRIS DECLARING ITS INTENTION TO ANNEX CERTAIN TERRITORY THERETO [ANNEXATION NO. 52] M.
Adopted Resolution Number 6058 regarding annexation of DPR 18-00001, 18-00007 and 21-00007 to Community Facilities District (CFD) 2018-02 (Public Services District)-Annexation No. 14. DPR 18-00001 is located on the northeast corner of Perris Boulevard and Commerce Drive. APN(s) 302-291-007 and 303-291-008. DPR 18-00007 is located on the northeast corner of Perris Boulevard and Commerce Drive. APN(s) 303-292-012. DPR 21-00007 is located south of Business Park Drive and north of East Rider Street. (APN(s) 303-293-009. (Owner: MS Perris, LLC) Resolution Number 6058 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS ACTING AS THE LEGISLATIVE BODY OF CITY OF PERRIS COMMUNITY FACILITIES DISTRICT NO. 2018-02 (PUBLIC SERVICES DISTRICT) DECLARING ITS INTENTION TO ANNEX CERTAIN TERRITORY THERETO [ANNEXATION NO. 14] N.
Adopted Resolution Number 6059 approving a Deposit and Reimbursement Agreement with UCI Property Development, Inc. in connection with the proposed Community Facilities District designated as Community Facilities District No. 2022-5 (Perris 145) (“CFD 2022-5”). The subject property is located south of Metz Road, west of A Street, and north of San Jacinto Avenue.
Resolution Number 6059 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS APPROVING AND ORDERING THE EXECUTION OF THAT CERTAIN DEPOSIT AND REIMBURSEMENT AGREEMENT WITH UCI PROPERTY DEVELOPMENT, INC. AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH O.
Approved the City’s Monthly Check Register for August 2022.
The Mayor called for a motion.
M/S/C: Moved by
Marisela Nava, seconded by
Rita Rogers to Approve the Consent Calendar, with the exception of Items 10.E. and 10.F., as presented.
AYES:
Rita Rogers, Marisela Nava, Malcolm Corona, David Starr Rabb, Michael Vargas NOES:
ABSENT:
ABSTAIN:
11. PUBLIC HEARINGS:
A.
Approved Extension of Time No. 22-05260-an extension of time request and Modification of Condition of Approval 22-05306 related to Tentative Tract Map No. 33973 located north of San Jacinto River, west of McPherson Road, south of Ethanac Road and east of Sophie Street. (Applicant: Howard Mitzman) (This item was continued from the October 11, 2022 City Council Meeting) This item was introduced by Director of Development Services Kenneth Phung and turned over to Associate Planner Alfredo Garcia for the presentation.
The following Councilmember's spoke:
Rabb
Vargas
The Mayor opened the Public Hearing at 7:21 p.m. There was no Public Comment.
The Mayor closed the Public Hearing at 7:21 p.m.
The Mayor called for a motion.
M/S/C: Moved by
Rita Rogers, seconded by
Marisela Nava to Approve Item 11.A., as presented.
AYES:
Rita Rogers, Marisela Nava, Malcolm Corona, David Starr Rabb, Michael Vargas NOES:
ABSENT:
ABSTAIN:
B.
Introduced the First Reading Ordinance Number 1420 amending specified Chapters of Title 16 of the Perris City Code to adopt the 2022 Editions of the California Model Codes adopted into Title 24 of the 2022 California Building Code with appendices and amendments thereto; and adopted Resolution Number 6060 amending the City’s fee Resolution by adopting the 2022 Building Valuation Rates published by the International Code Council. (Applicant: City of Perris) The First Reading of Ordinance Number 1420 is entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AMENDING SPECIFIED CHAPTERS OF TITLE 16 OF THE PERRIS CITY CODE TO ADOPT THE 2022 EDITIONS OF THE CALIFORNIA MODEL CODES, CALIFORNIA BUILDING CODE VOLUMES 1 & 2, CALIFORNIA PLUMBING, MECHANICAL, ELECTRICAL CODES, CALIFORNIA FIRE CODE, THE CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA REFERENCED STANDARDS CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ENERGY CODE, CALIFORNIA ADMINISTRATIVE CODE AND RELATED REFERENCE STANDARDS CODES WITH APPENDICES, ICC VALUATION TABLES AND AMENDMENTS THERETO Resolution Number 6060 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AMENDING SECTION 5 OF RESOLUTION NO. 2715 BY ADOPTING THE 2022 BUILDING VALUATION RATES, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL (ICC) IN THE 2022 BUILDING STANDARDS VALUATION TABLES, FOR USE IN THE CALCULATION OF CERTAIN BUILDING, ELECTRICAL, PLUMBING AND MECHANICAL PERMIT FEES This item was introduced by Director of Development Services Kenneth Phung and turned over to Interim Building Official David Martinez for the presentation.
The following Councilmember spoke:
Rogers
The Mayor opened the Public Hearing at 7:27 p.m. There was no Public Comment.
The Mayor closed the Public Hearing at 7:27 p.m.
The Mayor called for a motion.
M/S/C: Moved by
Rita Rogers, seconded by
David Starr Rabb to Approve the First Reading of Ordinance Number 1420 and Resolution Number 6060, as presented.
AYES:
Rita Rogers, Marisela Nava, Malcolm Corona, David Starr Rabb, Michael Vargas NOES:
ABSENT:
ABSTAIN:
12. BUSINESS ITEMS:
Councilmember Rogers left the City Council Chambers at 7:27 p.m. and returned at 7:30 p.m.
A.
Consideration and discussion of the Healthy Options at Checkout Campaign requiring Grocery stores, larger than 2,500 square feet in the City of Perris, to provide healthy food and beverage items as the “Default” option at checkout aisles.
This item was introduced by Director of Community Services Sabrina Chavez and turned over to Recreation and Public Services Manager Crystal Lopez for the presentation.
The following Councilmember's spoke:
Rabb
Corona
Nava
Vargas
The Mayor called for Public Comment. The following person spoke:
Julia Burch
Direction was given to bring back an Ordinance for City Council consideration.
B.
Annual Legislative Update
This item was taken earlier in the agenda.
13. COUNCIL COMMUNICATIONS:
The following Councilmember's spoke:
Nava
Rogers
Rabb
Corona
Vargas
14. CITY MANAGER’S REPORT:
15. ADJOURNMENT:
There being no further business Mayor Vargas adjourned the Regular City Council meeting at 7:58 p.m.
Respectfully Submitted,
___________________________________
Nancy Salazar, City Clerk