CITY OF PERRIS
MINUTES:
Date of Meeting:
January 10, 2023
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 6088
CLOSED SESSION
ROLL CALL
Present: Rogers, Nava, Corona, Rabb, Vargas
Staff Member's Present: City Manager Miramontes, Assistant City Manager Bugtai, Deputy City Manager Reyna, City Attorney Khuu, Deputy City Attorney Tanner, and Economic Development and Housing Manager Ogawa.
A.
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
B.
Conference with Legal Counsel - Potential Litigation - Government Code Section 54956.9 (d)(2) - 2 cases
C.
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, Director of Finance Schenk, 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 Joe Sabolick
New Creation Church
57 Business Park Dr. 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, but no reportable action was taken.
6. PRESENTATIONS/ANNOUNCEMENTS:
There were no Presentations.
7. YOUTH ADVISORY COMMITTEE COMMUNICATIONS:
The report was given by Youth Advisory Committee Vice-President Jasmine Lomeli.
8. PUBLIC COMMENT/CITIZEN PARTICIPATION:
The following person spoke at Public Comment:
Deborah Rabb
9. APPROVAL OF MINUTES:
A.
Approved the minutes of the Regular Joint Meeting held on December 13, 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:
Mayor Vargas called for Public Comment. There was no Public Comment.
A.
Awarded a contract to All American Asphalt and authorized additional funds in the amount of $338,466.00 for Old Nuevo Road Sidewalk and Streetlight project (CIP S132) and Driveway Rehabilitation near Ramona Expressway.
B.
Awarded a contract to EBS General Engineering, Inc. and authorized additional funds in the amount of $258,166.01 for Citywide Pedestrian Improvements 20/21 CDBG Project (CIP S129).
C.
Adopted Resolution Numbers 6089, 6090 and 6091 regarding annexation of CUP 20-05100-Truck and Trailer Facility to Maintenance District Number 84-1. CUP 20-05100 is located along East Markham Street. (APN(s): 302-110-032 and 302-110-042) (Owner(s): Markham Street Partners, LLC) Resolution Number 6089 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS, APPOINTING THE ENGINEER OF WORK, ORDERING THE PREPARATION OF A DISTRICT MAP INDICATING THE PROPOSED BOUNDARIES OF AN ANNEXATION TO THE CITY OF PERRIS MAINTENANCE DISTRICT NUMBER 84-1, AND FOR PROVIDING OTHER ENGINEERING SERVICES IN THE MATTER OF THE ANNEXATION OF CUP 20-05100 INTO MAINTENANCE DISTRICT NUMBER 84-1 Resolution Number 6090 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT FOR ANNEXATION OF CUP 20-05100 TO CITY OF PERRIS MAINTENANCE DISTRICT NUMBER 84-1 Resolution Number 6091 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DECLARING INTENTION TO ORDER THE ANNEXATION TO CITY OF PERRIS MAINTENANCE DISTRICT NUMBER 84-1, DECLARING THE WORK TO BE OF MORE LOCAL THAN ORDINARY PUBLIC BENEFIT; SPECIFYING THE EXTERIOR BOUNDARIES OF THE AREA TO BE ANNEXED TO MAINTENANCE DISTRICT NUMBER 84-1 AND TO BE ASSESSED THE COST AND EXPENSE THEREOF; DESIGNATING SAID ANNEXATION AS ANNEXATION OF CUP 20-05100 TO MAINTENANCE DISTRICT NUMBER 84-1; DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO ON FEBRUARY 28, 2023 D.
Adopted Resolution Numbers 6092, 6093 and 6094 regarding annexation of CUP 20-05100-Truck and Trailer Facility to Landscape Maintenance District Number 1. CUP 20-05100 is located along East Markham Street. (APN(s): 302-110-032 and 302-110-042) (Owner(s): Markham Street Partners, LLC) Resolution Number 6092 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS, APPOINTING THE ENGINEER OF WORK, ORDERING THE PREPARATION OF A DISTRICT MAP INDICATING THE PROPOSED BOUNDARIES OF AN ANNEXATION TO THE CITY OF PERRIS LANDSCAPE MAINTENANCE DISTRICT NUMBER 1, AND FOR PROVIDING OTHER ENGINEERING SERVICES IN THE MATTER OF THE ANNEXATION OF BENEFIT ZONE 167 CUP 20-05100 TO LANDSCAPE MAINTENANCE DISTRICT NUMBER 1 Resolution Number 6093 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT FOR ANNEXATION OF CUP 20-05100 TO BENEFIT ZONE 167 CITY OF PERRIS LANDSCAPE MAINTENANCE DISTRICT NUMBER 1 Resolution Number 6094 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DECLARING INTENTION TO ORDER THE ANNEXATION TO BENEFIT ZONE 167, CITY OF PERRIS LANDSCAPE MAINTENANCE DISTRICT NUMBER 1, DECLARING THE WORK TO BE OF MORE LOCAL THAN ORDINARY PUBLIC BENEFIT; SPECIFYING THE EXTERIOR BOUNDARIES OF THE AREA TO BE ANNEXED TO BENEFIT ZONE 167 LANDSCAPE MAINTENANCE DISTRICT NUMBER 1 AND TO BE ASSESSED THE COST AND EXPENSE THEREOF; DESIGNATING SAID ANNEXATION AS ANNEXATION OF CUP 20-05100 TO BENEFIT ZONE 167 LANDSCAPE MAINTENANCE DISTRICT NUMBER 1; DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO ON FEBRUARY 28, 2023 E.
Adopted Resolution Number 6095 regarding annexation of CUP 20-05100-Truck and Trailer Facility to CFD 2018-02 (Public Services District)-Annexation No. 16. CUP 20-05100 is located along East Markham Street. (APN(s): 302-110-032 and 302-110-042) (Owner(s): Markham Street Partners, LLC) Resolution Number 6095 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. 16] F.
Adopted Resolution Number 6096 regarding annexation of CUP 20-05100-Truck and Trailer Facility to CFD 2001-3 (North Perris Public Safety District)-Annexation No. 53. CUP 20-05100 is located Along East Markham Street. (APN(s): 302-110-032 and 302-110-042) (Owner(s): Markham Street Partners, LLC) Resolution Number 6096 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. 2001-3 (NORTH PERRIS PUBLIC SAFETY) DECLARING ITS INTENTION TO ANNEX CERTAIN TERRITORY THERETO [ANNEXATION NO. 53] G.
Adopted Resolution Numbers 6097 and 6098 declaring intent to form Proposed Community Facilities District No. 2023-1 (Rockview Heights) of the City of Perris (the “CFD”) and authorize future bonded indebtedness in the amount not to exceed $10,000,000. The CFD is located at the southwest corner of Metz Road and A Street. Tentative Tract Map No. 37181.
Resolution Number 6097 is entitled:
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PERRIS TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKVIEW HEIGHTS) OF THE CITY OF PERRIS AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKVIEW HEIGHTS) OF THE CITY OF PERRIS Resolution Number 6098 is entitled:
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF PERRIS TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $10,000,000 WITHIN COMMUNITY FACILITIES DISTRICT NO. 2023-1 (ROCKVIEW HEIGHTS) OF THE CITY OF PERRIS H.
Adopted Resolution Number SA-012 of the Successor Agency to the Redevelopment Agency, adopting the FY 2023-24 Recognized Obligation Payment Schedule Resolution Number SA-012 is entitled:
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE DISSOLVED REDEVELOPMENT AGENCY OF THE CITY OF PERRIS APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE 23-24 I.
Adopted Resolution Number 6099 approving the updated Industrial Community Facilities District Debt Issuance and Management Policy.
Resolution Number 6099 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS APPROVING AN UPDATED DEBT ISSUANCE AND MANAGEMENT POLICY WHICH INCLUDES CHANGES RELATED TO INDUSTRIAL MELLO-ROOS COMMUNITY FACILITIES DISTRICTS PERMITTED IN THE CITY J.
Awarded a contract to Deark E&C, Inc. for Construction Services of the Foss Field Park Tennis Court Improvement Project located at 101 N. D Street, Perris, CA 92570.
K.
Approved a one-year Extension of Time (PLN22-05360) for Tentative Tract Map No. 37181 and Development Plan Review (PLN16-00002) located at the northeast corner of Metz Road and “A” Street. (Applicant: Jeff Parker, Metz & A, LP).
L.
Approved a Professional Services Agreement with LOR Geotechnical Group, Inc. for Geotechnical, Compaction Testing, and Materials Testing Services throughout the construction of the Perris Downtown Skills Training and Job Placement Center Project.
M.
Adopted Resolution Number 6100 to continue Tele/Video-Conference Meetings during COVID-19 State of Emergency pursuant to the Provisions of AB 361.
Resolution Number 6100 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 JANUARY 10, 2023 AND ENDING FEBRUARY 9, 2023 PURSUANT TO BROWN ACT PROVISIONS N.
Adopted Resolution Number 6101 Implementing Assembly Bill 2449 by adopting an ADA Reasonable Accommodations Policy for the meetings of the City Council and all City Commissions, Committees and Boards.
Resolution Number 6101 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, ADOPTING AN AMERICANS WITH DISABILITES ACT (“ADA”) REASONABLE ACCOMODATIONS POLICY FOR THE MEETINGS OF THE CITY COUNCIL AND ALL CITY COMMISSIONS, COMMITTEES AND BOARDS; AND DIRECTING CITY STAFF TO MAKE SUCH CHANGES TO THE CITY’S AGENDA TEMPLATES (INCLUDING SUCH TEMPLATES FOR TH CITY COUNCIL AND ALL CITY COMMISSIONS, COMMITTEES AND BOARDS) AS MAY BE NECESSARY TO IMPLEMENT THE ADA REQUIREMENTS OF ASSEMBLY BILL NO. 2449 The Mayor called for a motion.
M/S/C: Moved by
David Starr Rabb, seconded by
Malcolm Corona to Approve the Consent Calendar, as presented.
AYES:
Rita Rogers, Marisela Nava, Malcolm Corona, David Starr Rabb, Michael Vargas NOES:
ABSENT:
ABSTAIN:
11. PUBLIC HEARINGS:
A.
Adopted Resolution Numbers 6102, 6103, 6104 and 6105 regarding Proposed Community Facilities District (CFD) No. 2022-3 (Stratford Ranch) in Improvement Area No. 1 and Improvement Area No. 2 thereof; and Introduced the First Reading of Ordinance Number 1421 forming CFD No. 2022-3 and Improvement Area No. 1 and Improvement Area No.2 thereof. CFD 2022-3 is located at the northeast corner of Evans Road and Ramona Expressway within Tract Map Nos. 38071 and 38071-1.
Resolution Number 6102 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2022-3 (STRATFORD RANCH) OF THE CITY OF PERRIS, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SUCH COMMUNITY FACILITIES DISTRICT NO. 2022-3 (STRATFORD RANCH) OF THE CITY OF PERRIS, ESTABLISHING AN APPROPRIATIONS LIMIT, AND TAKING CERTAIN OTHER ACTIONS RELATING TO SAID DISTRICT Resolution Number 6103 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-3 (STRATFORD RANCH) OF THE CITY OF PERRIS, DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $8,000,000 WITHIN IMPROVEMENT AREA NO. 1 AND $7,000,000 WITHIN IMPROVEMENT AREA NO. 2 OF SAID DISTRICT; AND CALLING A SPECIAL ELECTION WITHIN EACH SUCH IMPROVEMENT AREA Resolution Number 6104 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-3 (STRATFORD RANCH) OF THE CITY OF PERRIS, DECLARING THE RESULTS OF A SPECIAL ELECTION RELATING TO THE LEVY OF SPECIAL TAXES THEREIN, THE ISSUANCE OF BONDED INDEBTEDNESS AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT Resolution Number 6105 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS APPROVING AND AUTHORIZING EXECUTION OF AN ACQUISITION AND FUNDING AGREEMENT AND A JOINT COMMUNITY FACILITIES AGREEMENT IN CONNECTION WITH THE FORMATION OF COMMUNITY FACILITIES DISTRICT 2022-3 (STRATFORD RANCH) OF THE CITY OF PERRIS; AND MAKING FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH The First Reading of Ordinance Number 1421 is entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PERRIS, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-3 (STRATFORD RANCH) OF THE CITY OF PERRIS AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2 OF SAID DISTRICT This item was introduced by Director of Finance Matthew Schenk and turned over to Jim Fabian, Fieldman Rolapp & Associates who gave the presentation on this item.
The Mayor opened the Public Hearing at 6:54 p.m.
There was no Public Comment.
The Mayor closed the Public Hearing at 6:54 p.m.
The Mayor called for a motion.
M/S/C: Moved by
Rita Rogers, seconded by
Malcolm Corona to Approve Resolution Numbers 6102 and 6103.
AYES:
Rita Rogers, Marisela Nava, Malcolm Corona, David Starr Rabb, Michael Vargas NOES:
ABSENT:
ABSTAIN:
The Mayor asked the City Clerk to open the ballots.
City Clerk Salazar opened the two ballots and reported that they were both marked Yes.
The Mayor called for a motion.
M/S/C: Moved by
Rita Rogers, seconded by
David Starr Rabb to Approve Resolution Numbers 6104 and 6105 and the First Reading of Ordinance Number 1421.
AYES:
Rita Rogers, Marisela Nava, Malcolm Corona, David Starr Rabb, Michael Vargas NOES:
ABSENT:
ABSTAIN:
B.
This item was continued until February 14, 2023
-Consideration to adopt Proposed Resolution Numbers (next in order) to acquire Fee Simple Interests and Temporary Construction Easements for the Widening of Orange Avenue. APN(s) 320-010-001, 320-010-005, 320-010-006, 320-010-007, 320-010-008, 320-010-009, 320-010-010, 320-010-011, and 320-010-012.
The Proposed Resolution Numbers (next in order) are entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, CALIFORNIA, DECLARING THAT PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF INTERESTS IN A PORTION OF THE PROPERTY KNOWN AS ASSESSOR'S PARCEL NO. 320-010-001 This item was introduced by City Attorney Robert Khuu and turned over to Deputy City Attorney Nick Papajohn for the presentation.
The following Councilmember spoke:
Vargas
The Mayor opened the Public Hearing at 7:03 p.m. The following person spoke at Public Comment:
Elizabeth Ayala
Samir Patel was called to speak, but did not respond.
The Mayor closed the Public Hearing at 7:06 p.m.
The following Councilmember spoke:
Corona
The Mayor re-opened the Public Hearing at 7:09 p.m. The following people spoke:
Samir Patel (was unable to speak earlier due to technical difficulties) Elizabeth Ayala
The Mayor closed the Public Hearing at 7:12 p.m.
The following Councilmember's spoke:
Corona
Rabb
Rogers
The Mayor called for a motion.
M/S/C: Moved by
Rita Rogers, seconded by
Marisela Nava to Approve Continuance of this item until February 14, 2023.
AYES:
Rita Rogers, Marisela Nava, Malcolm Corona, David Starr Rabb, Michael Vargas NOES:
ABSENT:
ABSTAIN:
12. BUSINESS ITEMS:
A.
Made Appointments to the various Agencies and Committees to represent the City of Perris for 2023.
The Mayor introduced the item and announced his appointments for 2023.
The Mayor called for Public Comment. There was no Public Comment.
The Mayor called for a motion.
M/S/C: Moved by
Michael Vargas, seconded by
Marisela Nava to Approve and Ratify the appointments made by Mayor Vargas.
AYES:
Rita Rogers, Marisela Nava, Malcolm Corona, David Starr Rabb, Michael Vargas NOES:
ABSENT:
ABSTAIN:
B.
Appointed the Mayor Pro Tem for 2023.
The Mayor introduced the item and noted that Councilmember Nava was next in line for the appointment.
The following Councilmember's spoke:
Corona
Vargas
Rogers
Rabb
Nava
The Mayor called for Public Comment. There was no Public Comment.
The Mayor called for a motion.
M/S/C: Moved by
Michael Vargas, seconded by
Rita Rogers to Approve and Ratify the nomination of Councilmember Marisela Nava as Mayor Pro Tem for 2023.
AYES:
Rita Rogers, Marisela Nava, Malcolm Corona, David Starr Rabb, Michael Vargas NOES:
ABSENT:
ABSTAIN:
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 7:45 p.m. in memory of Riverside County Deputy Sheriff Isaiah Cordero who lost his life, in the line of duty, on December 29, 2022.
Respectfully Submitted,
___________________________________
Nancy Salazar, City Clerk