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Minutes

Perris City Council
March 14, 2023

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Minutes
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March 14, 2023
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CITY OF PERRIS
MINUTES:

Date of Meeting:

March 14, 2023
06:30 PM
Place of Meeting:

City Council Chambers

CLOSED SESSION
Mayor Vargas called the Closed Session to order at 5:37 p.m.

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, Interim City Engineer Pourkazemi, Director of Development Services Phung and Director of Economic Development and Housing Ogawa.

A.

Conference with Legal Counsel - Potential Litigation - Government Code Section 54956.9 (d)(4) - 2 cases
B.

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
City Attorney Khuu noted that the City Council would meet in Closed Session to discuss the items listed on the agenda.

The City Council adjourned to Closed Session at 5:37 p.m.

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, Interim City Engineer Pourkazemi, Police Captain Sims, Battalion Chief Scovill, 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:

Chaplain Doug Brockmeier
Calvary Chapel Perris Valley
3060 Barrett Ave. 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 direction was given to staff, 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 President Alexa Flores.

8. PUBLIC COMMENT/CITIZEN PARTICIPATION:

The Mayor called for Public Comment.  The following people spoke at Public Comment:

Greg Carter
Ignacio Valdivia

9. APPROVAL OF MINUTES:

A.

Approved the minutes of the Regular Joint Meeting held on February 28, 2023 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
David Starr Rabb to Approve the Minutes, as presented.

AYES:

Rita Rogers, Marisela Nava, Malcolm Corona, David Starr Rabb, Michael Vargas NOES:

ABSENT:

ABSTAIN:

10. CONSENT CALENDAR:

The Mayor Called for Public Comment.  There was no Public Comment.

A.

Adopted Resolution Numbers 6148, 6149 and 6150 regarding Initiation of Annual Proceedings for City’s Maintenance Districts (FY 2023/2024).

Resolution Number 6148 is entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2023/2024 IN THE CITY OF PERRIS MAINTENANCE DISTRICT NUMBER 84-1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; APPOINTING THE ENGINEER OF WORK, AND ORDERING PREPARATION OF AN ENGINEER'S REPORT Resolution Number 6149 is entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2023/2024 IN THE CITY OF PERRIS LANDSCAPE MAINTENANCE DISTRICT NUMBER 1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; APPOINTING THE ENGINEER OF WORK, AND ORDERING PREPARATION OF AN ENGINEER'S REPORT Resolution Number 6150 is entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2023/2024 IN THE CITY OF PERRIS FLOOD CONTROL MAINTENANCE DISTRICT NUMBER 1 PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982; APPOINTING THE ENGINEER OF WORK, AND ORDERING PREPARATION OF AN ENGINEER'S REPORT B.

Adopted the Second Reading of Ordinance Number 1424 Authorizing the Levy of a Special Tax within CFD 2023-1 (Rockview Heights).  CFD 2023-1 is located at the southwest corner of Metz Road and A Street.

The Second Reading of Ordinance Number 1424 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. 2023-1 (ROCKVIEW HEIGHTS) OF THE CITY OF PERRIS AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SAID DISTRICT C.

Approved a Joint Global Settlement Agreement and Release between, Toby Quintos, @Work Personnel Services, and the City of Perris regarding a joint employer claim.

D.

Adopted Resolution Number 6151 terminating the Proclamation of a Local Emergency within the City of Perris Declared in Response to COVID-19.

Resolution Number 6151 is entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, CALIFORNIA, TERMINATING THE PROCLAMATION OF A LOCAL EMERGENCY WITHIN THE CITY OF PERRIS DECLARED IN RESPONSE TO COVID-19 E.

Approved the City of Perris 2022 Annual Progress Report for the General Plan Housing Element.

F.

Approved the City’s Check Register for the months of November 2022 and December 2022.

The Mayor called for a motion.

M/S/C: Moved by
Rita Rogers, seconded by
David Starr Rabb 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 6152 and 6153 and adopted the First Reading of Ordinance Number 1425 regarding Specific Plan Amendment (SPA) 21-05218, Tentative Parcel Map (TPM-38292), Development Plan Review (DPR 21-00013, Conditional Use Permit (CUP) 21-05216, and Development Agreement (DA) 22-05297 a  950,224 Square Foot Industrial Facility and commercial development located on the southerly side of Ramona Expressway between Nevada Road and Webster Avenue.  (APN(s) 317-120-021, 317-130-017, -021, -025, -048) (Applicant: Daniel Sachs of DECA Perris Land Co, LLC) Resolution Numbers 6152 is entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE 2022040023) PREPARED FOR THE RAMONA GATEWAY PROJECT TO CONSTRUCT A 950,224 SQUARE-FOOT, REFRIGERATED WAREHOUSE DISTRIBUTION FACILITY, AND COMMERCIAL DEVELOPMENT INCLUDING 1) TENTATIVE PARCEL MAP TO SUBDIVIDE 49.17 ACRES INTO EIGHT (8) PARCELS, RANGING IN SIZE FROM 0.80 TO APPROXIMATELY 42.22 ACRES;  2) DEVELOPMENT PLAN REVIEW FOR THE SITE PLAN AND BUILDING ELEVATIONS; AND 3) CONDITIONAL USE PERMIT TO PERMIT A VEHICLE FUEL STATION WITH A CONVENIENCE STORE, CAR WASH, FOUR DRIVE-THROUGHS ESTABLISHMENTS WITHIN THE PROPOSED COMMERCIAL DEVELOPMENT, AND ADOPTING THE PROPOSED MITIGATION MONITORING AND REPORT PROGRAM AND A STATEMENT OF OVERRIDING CONSIDERATIONS, BASED UPON THE STATEMENT OF FACTS AND FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS, AND THE MITIGATION MONITORING AND REPORTING PROGRAM Resolution Number 6153 is entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 21-05219 (TPM 38292), DEVELOPMENT PLAN REVIEW 21-00013, CONDITIONAL USE PERMIT 21-05216, TO FACILITATE THE CONSTRUCTION OF A 950,224-SQUARE-FOOT WAREHOUSE FACILITY AND A 37,215 SQUARE FOOT COMMERCIAL CENTER BASED UPON THE FINDINGS HEREIN AND SUBJECT TO CONDITIONS OF APPROVAL.

The First Reading of Ordinance Number 1425 is entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA APPROVING SPECIFIC PLAN AMENDMENT 21-05218 TO REZONE 42.22 ACRES OF A LARGER 49.17-ACRE SITE FROM BUSINESS PARK OFFICE (BPO) ZONE AND COMMERCIAL (C) ZONE TO LIGHT INDUSTRIAL (LI) ZONE AND TO REMOVE A PLANNED/UNIMPROVED STREET, DAWES AVENUE, FROM THE CIRCULATION PLAN IN THE PERRIS VALLEY COMMERCE CENTER SPECIFIC PLAN (PVCCSP) AND APPROVING DEVELOPMENT AGREEMENT 22-05297 FOR SPECIFIC PROJECT IMPROVEMENTS AND COMMUNITY BENEFITS TO FACILITATE THE DEVELOPMENT OF A 950,224 SQUARE FOOT INDUSTRIAL WAREHOUSE AND 37,215 SQUARE FOOT COMMERCIAL DEVELOPMENT PROJECT AND MAKING FINDINGS IN SUPPORT THEREOF.

This item was introduced by Director of Development Services Kenneth Phung and turned over to Planning Manager Patricia Brenes for the presentation on this item.

City Attorney Khuu noted that 8 comment letters had been received, after the posting of the agenda, and had been distributed to the City Council.

Applicant Dan Sachs spoke on behalf of the projet.

The Mayor opened the Public Hearing at 6:59 p.m.

The following people spoke at Public Comment:

Elias Fernandez
Patrick Avila
John Sisley
Stacy Dedeaux
Marwan Alabbasi
Salvador Mora Jr.

Jeff Hopkins
Hugo Gaspar
Allen Lynch
Alex Ruelas Jr.

Ignacio Valdivia
Jorge Guardado
Juan Munoz
Jose Garcia
Brett Del Valle
The Mayor closed the Public Hearing at 7:25 p.m.

Councilmember Rogers left the City Council Chambers at 7:34 p.m. and returned at 7:37 p.m.

Councilmember Rabb left the City Council Chambers at 7:43 p.m. and returned at 7:44 p.m.

The following Councilmember's spoke:

Corona
Rabb
Rogers
Nava
Vargas
The Mayor called for a motion.

M/S/C: Moved by
Rita Rogers, seconded by
David Starr Rabb to Adopt Resolution Numbers 6152 and 6153 and the First Reading of Ordinance Number 1425.

AYES:

Rita Rogers, Malcolm Corona, David Starr Rabb, Michael Vargas NOES:

Marisela Nava
ABSENT:

ABSTAIN:

The Mayor called for a recess at 7:57 p.m.

Mayor Vargas called the Regular City Council meeting back to order at 8:04 p.m.

12. BUSINESS ITEMS: (not requiring a “Public Hearing”):

A.

Presentation of the Police Department Annual Report.

This item was introduced by Deputy City Manager Ernie Reyna and turned over to Lt. Wade Lenton for the presentation.

The following Councilmember's spoke:

Corona
Rabb
The Mayor called for Public Comment.  There was no Public Comment.

B.

Presentation of the Fire Department Annual Report.

This item was introduced by Deputy City Manager Ernie Reyna and turned over to Battalion Chief Mark Scovill for the presentation.

The following Councilmember spoke:

Corona
The Mayor called for Public Comment.  There was no Public Comment.

C.

Consideration and Discussion Regarding a Proposed Industrial Warehouse/Distribution Facilities Business License Tax.

This item was presented by Deputy City Manager Ernie Reyna.

The following Councilmember's spoke:

Corona
Rogers
Rabb
Nava
Vargas
The Mayor called for Public Comment.  The following people spoke at Public Comment:

Bill Blankenship
Joshua Naggar
The following Councilmember's spoke:

Corona
Vargas
Nava
Rabb
The following direction was given to staff regarding this item:

1. Include and Engage Industry Partners

2. Add a CPI Escalator

3. Consideration to add a Late Fee

4. Analyze Overall Projects and Include all Warehouses
D.

Consideration and Discussion regarding a Proposed Regulatory Ordinance Authorizing the Establishment and Regulation of Cardrooms within the City of Perris and Submission thereof to the City’s Voters.

Councilmember Rogers left the City Council Chambers at 8:54 p.m. and returned at 8:56 p.m.

This item was presented by Assistant City Manager Wendell Bugtai.

The following Councilmember's spoke:

Corona
Rabb
Nava
Corona
Vargas
The Mayor called for Public Comment.  There was no Public Comment.

The following direction was given to staff regarding this item:

1. Number of Cardrooms: 1

2. Hours of Operation: 24 hours per day, 7 days per week

3. Wager limit: $1,000.00 + an escalator if possible

4. Number of Tables: 100 Maximum

5. Location: Light Industrial, General Industrial, Commercial

13. COUNCIL COMMUNICATIONS:

The following Councilmember's spoke:

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 9:18 p.m.

Respectfully Submitted,
___________________________________
Nancy Salazar, City Clerk

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