CITY OF PERRIS
MINUTES:
Date of Meeting:
February 27, 2024
06:30 PM
Place of Meeting:
City Council Chambers
CLOSED SESSION
Mayor Vargas called the Closed Session to order at 5:17 p.m.
ROLL CALL
Present: Corona, Rabb, Rogers, Nava, Vargas
Staff Member's Present: City Manager Miramontes, Assistant City Manager Bugtai, Deputy City Manager Reyna, City Attorney Khuu, Deputy City Attorney Lee (as to one case of Potential Litigation), Director of Development Services Phung, Director of Economic Development and Housing Ogawa, City Engineer Pourkazemi A.
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. City of Perris v. City of Menifee, et al CVRI2303456 B.
Conference with Real Property Negotiators – Government Code Section 54956.8 Property: APN(s): 313-081-020
City Negotiator: Clara Miramontes, City Manager
Negotiating Parties: Dr. Maria Jocelyn Tarcelo DBA MedPerx Pharmacy Under Negotiation: Price and terms of payment
C.
Conference with Real Property Negotiators – Government Code Section 54956.8 Property: APN(s): 313-081-020
City Negotiator: Clara Miramontes, City Manager
Negotiating Parties: Odir Smahi Silva and Abigail Silva DBA La Gare Café Under Negotiation: Price and terms of payment
D.
Conference with Legal Counsel - Potential Litigation - Government Code Section 54956.9 (d)(4) - 5 cases
Mayor Vargas called for Public Comment. There was no Public Comment.
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 5:18 p.m.
1. CALL TO ORDER: 6:30 P.M.
Mayor Vargas called the Regular City Council meeting to order at 6:54 p.m.
2. ROLL CALL:
Present: Corona, Rabb, Rogers, Nava, Vargas
Staff Members Present: City Manager Miramontes, Assistant City Manager Bugtai, Deputy City Manager Reyna, City Attorney Khuu, City Engineer Pourkazemi, Police Captain Lamb, Interim Fire Chief Scoville, 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 Terry Wells
First Baptist Church of Perris
311 E. 5th St. Perris CA 92571
4. PLEDGE OF ALLEGIANCE:
Councilmember Corona 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 regarding items A-C no reportable action was taken. Regarding one item listed under Item D the City Council unanimously authorized the initiation of litigation and that the action, the defendants, and the other particulars, once formally commenced, will be disclosed to any person upon inquiry, unless to do so would jeopardize the City’s ability to effectuate service of process on unserved parties, or that to do so would jeopardize the City’s ability to conclude existing settlement negotiations to its advantage. There was no reportable action regarding the other 4 cases listed under Item D.
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.
Presentation of a Proclamation declaring Riverside County Arts & Cultural Month.
7. YOUTH ADVISORY COMMITTEE COMMUNICATIONS:
The report was given by Youth Advisory Committee Vice-President Kimberly Thai.
8. PUBLIC COMMENT/CITIZEN PARTICIPATION:
The Mayor called for Public Comment. The following people spoke at Public Comment:
Bill Lamb
Yolanda Tovar
Jillian Menez
Karla Cervantes
9. APPROVAL OF MINUTES:
A.
Approved the minutes of the Regular Joint Meeting held on February 13, 2024 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
David Starr Rabb, seconded by
Malcolm Corona to Approve the minutes of the Regular Joint Meeting held on February 13, 2024 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, as presented.
AYES:
Malcolm Corona, David Starr Rabb, Marisela Nava, Michael Vargas NOES:
ABSENT:
ABSTAIN:
Rita Rogers
10. CONSENT CALENDAR:
Mayor Vargas requested that Items 10.N. and 10.O. be pulled and noted that he would be recusing himself due to the fact that he is currently the President and CEO of the Southern California Railway Museum.
The Mayor called for Public Comment. See Items 10.M., 10.N and 10.O. for the people who spoke at Public Comment.
A.
Adopted Resolution Numbers 6339, 6340 and 6341 regarding annexation of CUP 22-05055-Restaurant to Maintenance District No. 84-1 (Lighting). CUP 22-05055 is located on Old Nuevo Road. (APN(s)) 311-050-032; (Owner: In-N-Out Burgers) Resolution Number 6339 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 22-05055 INTO MAINTENANCE DISTRICT NUMBER 84-1 Resolution Number 6340 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 22-05055 TO CITY OF PERRIS MAINTENANCE DISTRICT NUMBER 84-1 Resolution Number 6341 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 22-05055 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 APRIL 30, 2024 B.
Adopted Resolution Numbers 6342, 6343 and 6344 regarding annexation of CUP 22-05055-Restaurant to Landscape Maintenance District No. 1. CUP 22-05055 is located on Old Nuevo Road. (APN(s)) 311-050-032; (Owner: In-N-Out Burgers) Resolution Number 6342 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 180 CUP 22-05055 TO LANDSCAPE MAINTENANCE DISTRICT NUMBER 1 Resolution Number 6343 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 22-05055 TO BENEFIT ZONE 180, CITY OF PERRIS LANDSCAPE MAINTENANCE DISTRICT NUMBER 1 Resolution Number 6344 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 180, 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 180, LANDSCAPE MAINTENANCE DISTRICT NUMBER 1 AND TO BE ASSESSED THE COST AND EXPENSE THEREOF; DESIGNATING SAID ANNEXATION AS ANNEXATION OF CUP 22-05055 TO BENEFIT ZONE 180, 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 APRIL 30, 2024 C.
Adopted Resolution Number 6345 regarding annexation of CUP 22-05055-Restaurant to Flood Control Maintenance District No. 1. CUP 22-05055 is located on Old Nuevo Road. (APN(s)) 311-050-032; (Owner: In-N-Out Burgers) Resolution Number 6345 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DECLARING INTENTION TO AUTHORIZE LEVYING ASSESSMENTS UPON CERTAIN PARCELS OF REAL PROPERTY, TO ORDER ANNEXATION OF CUP22-05055 TO BENEFIT ZONE 145, FLOOD CONTROL MAINTENANCE DISTRICT NUMBER 1, PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO ON APRIL 30, 2024 D.
Adopted Resolution Number 6346 regarding annexation of CUP 22-05055-Restaurant to CFD 1-S (South Perris Public Services District)-Annexation No. 11. CUP 22-05055 is located on Old Nuevo Road. (APN(s)) 311-050-032; (Owner: In-N-Out Burgers) Resolution Number 6346 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 1-S (SOUTH PERRIS PUBLIC SERVICES) OF THE CITY OF PERRIS DECLARING ITS INTENTION TO ANNEX CERTAIN TERRITORY THERETO [ANNEXATION NO. 11] E.
Approved a Cooperative Agreement with Riverside County Flood Control and Water Conservation District and Markham Street Partners, LLC associated to Conditional Use Permit No. 20-05100-a Truck Terminal Facility located at 114 Markham Street.
F.
Approved a Cooperative Agreement with Riverside County Flood Control and Water Conservation District and Pulte Home Company, LLC associated to Parcel Map 38375-subsequently subdivided as Tentative Tract Map No. 31157-a 527 Dwelling Unit Residential Subdivision within the Park West Specific Plan.
G.
Approved an Improvement and Credit Reimbursement Agreement for Transportation Uniform Mitigation Fee Program with Pulte Home Company, LLC associated with Tentative Tract Map 31157.
H.
Approved an Improvement and Credit Agreement of Development Impact Fee Program for Transportation Improvements with Pulte Home Company, LLC associated with Tentative Tract Map No. 31157.
I.
Approved an Improvement and Credit Agreement Development Impact Fee Program for Park Improvements with Pulte Home Company, LLC, PW Land Investments, LP and MP Park West Partners, LP for future park development within the Park West Specific Plan.
J.
Awarded a contract to Pyro Spectaculars, Inc. for a City-sponsored 2024 Fireworks Show Event.
K.
Adopted Resolution Number 6347 adopting the City’s Annual Statement of Investment Policy for Fiscal Year 2023-2024.
Resolution Number 6347 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2023-2024 L.
Approved an agreement for Purchase and Sale of Real Property for property located near the southeast corner of Perris Boulevard and San Jacinto Avenue. (APNs: 310-021-002, 310-021-003, 310-021-004, 310-021-005, 310-021-006, 310-021-007, 310-021-008).
M.
Approved Extension of Time No. 24-05017 request for Tentative Parcel Map 21-05272 (TPM 38061) to subdivide two parcels into three parcels, totaling 8.69 acres, for the construction of three industrial buildings located on the south side of Harley Knox Boulevard between Perris Boulevard and Indian Street, within the Light Industrial (LI) Zone of the Perris Valley Commerce Center (PVCC) Specific Plan. (Applicant: Chris Kwasizur, Operon Group) The following people spoke at Public Comment on this item:
Jillian Menez
Franco Pacheco
Karla Cervantes
Sandy Varela
N.
Adopted Resolution Number 6348 approving the acceptance of $7,000,000 from the 2023/24 California State Budget, Section 19.566 (B) (19), for the Southern California Railway Museum Destination Perris Project.
Resolution Number 6348 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, APPROVING THE ACCEPTANCE OF $7,000,000 FROM THE 2023/24 CALIFORNIA STATE BUDGET, SECTION 19.566 (b) (19), FOR THE SOUTHERN CALIFORNIA RAILWAY MUSEUM DESTINATION PERRIS PROJECT At this time Mayor Vargas recused himself from Items 10.N. and 10.O.
Mayor Pro Tem Rogers conducted the meeting for these two Items.
Mayor Vargas left the City Council Chambers at 7:18 p.m.
The following person spoke at Public Comment:
Alex Meza
The Mayor called for a motion.
M/S/C: Moved by
Malcolm Corona, seconded by
Marisela Nava to Approve Resolution Number 6348, as presented.
AYES:
Malcolm Corona, David Starr Rabb, Rita Rogers, Marisela Nava NOES:
ABSENT:
ABSTAIN:
O.
Consideration to adopt Proposed Resolution Number (next in order) authorizing execution of administering Agency-State Master Agreements to accept $1,000,000 from the 2023/24 California State Budget, Section 19.569 (B) (7), for the Southern California Railway Museum Destination Perris Project.
The Proposed Resolution Number (next in order) is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AUTHORIZING EXECUTION OF ADMINISTERING AGENCY-STATE MASTER AGREEMENTS TO ACCEPT $1,000,000 FROM THE CALIFORNIA STATE BUDGET, SECTION 19.569 (B) (7), FOR THE SOUTHERN CALIFORNIA RAILWAY MUSEUM DESTINATION PERRIS PROJECT The following person spoke at Public Comment:
Alex Meza
The Mayor called for a motion.
M/S/C: Moved by
Marisela Nava, seconded by
David Starr Rabb to Approve Resolution Number 6349, as presented.
AYES:
Malcolm Corona, David Starr Rabb, Rita Rogers, Marisela Nava NOES:
ABSENT:
ABSTAIN:
The Mayor called for a motion.
M/S/C: Moved by
Rita Rogers, seconded by
Marisela Nava to Approve the Consent Calendar, as presented, with the exception of Items 10.N. and 10.O.
AYES:
Malcolm Corona, David Starr Rabb, Rita Rogers, Marisela Nava, Michael Vargas NOES:
ABSENT:
ABSTAIN:
Mayor Vargas returned to the Council Chambers at 7:32 p.m.
11. PUBLIC HEARINGS:
A.
Adopted Resolution Number 6350 approving a Substantial Amendment to the 2019-2024 Five-Year Consolidated Plan and FY 2023-2024 Annual Action Plan to reallocate $104,047.87 of unspent Community Development Block Grant (CDBG) funds from FY 2023-2024 Annual Action Plan to an eligible activity in the FY 2022-2023 Annual Action Plan.
Resolution Number 6350 is entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PERRIS, APPROVING A SUBSTANTIAL AMENDMENT TO THE 2019-2024 FIVE-YEAR CONSOLIDATED PLAN AND FY 2023-2024 ANNUAL ACTION PLAN TO REALLOCATE $104,047.87 OF UNSPENT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM THE FY 2023-2024 ANNUAL ACTION PLAN TO AN ELIGIBLE ACTIVITY IN THE FY 2022-2023 ANNUAL ACTION PLAN Principal Management Analyst Dr. Sara Cortes de Pavon gave the presentation on this item.
The Mayor opened the Public Hearing at 7:36 p.m.
There was no Public Comment.
The Mayor closed the Public Hearing at 7:36 p.m.
The Mayor called for a motion.
M/S/C: Moved by
Rita Rogers, seconded by
Malcolm Corona to Approve Resolution Number 6350, as presented.
AYES:
Malcolm Corona, David Starr Rabb, Rita Rogers, Marisela Nava, Michael Vargas NOES:
ABSENT:
ABSTAIN:
12. BUSINESS ITEMS: (not requiring a “Public Hearing”):
A.
Received and filed and provided direction regarding the Ellis Avenue/Evans Road Extension Project and I-215 Interchange Feasibility Study.
City Engineer John Pourkazemi introduced the item and turned it over to Said Breza, EXP USA for the presentation.
Councilmember Rabb left the City Council Chambers at 7:37 p.m. and returned at 7:39 p.m.
The following Councilmember's spoke:
Corona
Vargas
Nava
Rabb
The Mayor called for Public Comment. The following people spoke at Public Comment:
Jason Keller
Jon Langford
Michael Ramirez
Ana Gonzalez
Joaquin Castillejos
Lupe Gomez
Franco Pacheco
City Attorney Khuu noted that an emailed comment had been received from Brian Caris, regarding this item.
The following Councilmember's spoke:
Rabb
Nava
Rogers
The Mayor called for a motion.
M/S/C: Moved by
Rita Rogers, seconded by
Malcolm Corona to Approve the selection of the 2B Alignment.
AYES:
Malcolm Corona, David Starr Rabb, Rita Rogers, Marisela Nava, Michael Vargas NOES:
ABSENT:
ABSTAIN:
B.
Moratorium discussion related to industrial projects rezoning and/or industrial land use development restriction.
Director of Development Services Kenneth Phung gave the presentation on this item. He also noted that 55 emails had been received regarding this item, as well as a letter from NAIOP, Inland Empire Chapter.
The Mayor called for Public Comment. The following people spoke at Public Comment:
Jerry Sepulveda
Franco Pacheco
Karla Cervantes
Sandy Varela
Alex Meza
Ana Gonzalez
Joaquin Castillejos
Omar Cobian
Sal Amezquita
Julie Luu
Jorge Barreda
Kevin Turner
Jillian Menez
Bill Blankenship
Andrew Silva
Mike McCarthy
Debbie Walsh
Gracie Torres
Angelica Rueda
Julio Flores
Mike Sotomayor
Jason Geiger
Nicholas Rajen
Natalie Solares Rajen
Marwan Alabbasi
Lupe Gomez
The following Councilmember's spoke:
Rogers
Nava
Corona
Rabb
Nava
Corona
Vargas
Rogers
Nava
The Mayor called for a motion.
M/S/C: Moved by
Rita Rogers, seconded by
David Starr Rabb to Deny moving forward with a moratorium related to industrial projects rezoning and/or industrial land use development restriction.
AYES:
David Starr Rabb, Rita Rogers, Michael Vargas
NOES:
Malcolm Corona, Marisela Nava
ABSENT:
ABSTAIN:
13. COUNCIL COMMUNICATIONS:
The following Councilmember's spoke:
Rabb
Corona
Rogers
Vargas
14. CITY MANAGER’S REPORT:
15. ADJOURNMENT:
There being no further business Mayor Vargas adjourned the Regular City Council meeting at 10:03 p.m.
Respectfully Submitted,
___________________________________
Nancy Salazar, City Clerk