Meeting
City Council Chambers
29844 Haun Road
Menifee, CA 92586


Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada, District 2
Lesa Sobek, District 3 
Dean Deines, District 4
 


AGENDA		 Menifee City Council
 Regular Meeting Agenda

Wednesday, April 5, 2023
5:00 PM Closed Session
6:00 PM Regular Meeting

Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Kay Vinson, Acting Clerk
 

CLOSED SESSION (5:00 PM)

1.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1)): One Case 
City of Menifee vs. City of Perris, et al, Riverside County Superior Court Case No. CVR12200340
2.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1)):
In re. National Prescription Opiate Litigation, No. 1-17-md-02804 (S.D. Ohio) 
3.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION:
(Pursuant to Government Code Section 54956.9(d)(2) or (3))
Significant Exposure to Litigation: One Case
REGULAR MEETING (6:00 PM)
1.
CALL TO ORDER 
2. 
ROLL CALL 
3. 
WORDS OF INSPIRATION 
3.1.
Pastor Lennertz – Eagle Ridge Church
4. 
PLEDGE OF ALLEGIANCE 
5. 
PRESENTATIONS 
5.1.
Proclamation – DMV/Donate Life Month
5.2.
Proclamation – National Community Development Week, April 10-14, 2023
6.
AGENDA APPROVAL OR MODIFICATIONS  
 
7. 
PUBLIC COMMENTS (NON-AGENDA ITEMS) 
This is the time for members of the public to address the Council about items which are NOT listed on the agenda.  The Ralph M. Brown Act limits the Council’s ability to respond to comments on non-agendized matters at the time such comments are made. Each speaker will be limited to three minutes on any single item.
8. 
COUNCILMEMBER UPDATES AND COMMENTS 
9. 
APPROVAL OF MINUTES 
9.1
March 1, 2023 Special Minutes
9.2
March 1, 2023 Minutes
10. 
CONSENT CALENDAR 
All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar.  If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately. Unless otherwise directed by a member of the City Council, the vote on ordinance adoptions will reflect the prior action of each Councilmember when the ordinance was introduced. However, if a Councilmember is not present at the City Council meeting, their vote will be reflected as absent. 
10.1
Waiver of Reading

RECOMMENDED ACTION
  1. Waive the reading in full of any and all Ordinances listed on this agenda and provide that they be read by title only.
10.2
Warrant Register

RECOMMENDED ACTION
  1. Ratify and approve the Voucher Lists dated 02/23/2023, 3/01/2023, and 03/09/2023, and the Payroll Register/Other EFTs dated 02/24/2023, 02/28/2023, 03/02/2023, 03/03/2023, and 03/08/2023, and the Void Check Listing PE 2/28/2023 which have a total budgetary impact of $4,313,986.79.
10.3
Treasurer's Report – February 2023

RECOMMENDED ACTION
  1. Receive and file the Treasurer’s Report as of February 28, 2023.
10.4
Second Reading and Adoption of the Battery Energy Storage System Development Code Amendment


RECOMMENDED ACTION
  1. Adopt Development Code Amendment No. LR 22-0130 amending the City of Menifee Municipal Code and Menifee North Specific Plan zoning pertaining to utility-scale battery energy storage systems.
10.5
2023 Board of State and Community Corrections (BSCC) Officer Wellness Grant Award for the Menifee Police Department


RECOMMENDED ACTION
  1. Accept the 2023 Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant in the amount of $53,358.28; and
  2. Adopt a Budget Adjustment Resolution appropriating $53,358.28 in revenue and expenditures, for Police Department.
10.6
Joint Use Agreement with Southern California Edison for the Relocation of Utilities for the Holland Road/I-215 Overcrossing Project


RECOMMENDED ACTION
  1. Approve and authorize the City Manager to execute a Joint Use Agreement with Southern California Edison for the relocation of existing utilities for the Holland Road/I-215 Overcrossing, Capital Improvement Project No. CIP 13-03.
10.7
Amendment No. 1 to American Forensic Nurses, Inc. Professional Services Agreement


RECOMMENDED ACTION
  1. Approve and authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with American Forensic Nurses, Inc. for professional blood draw and forensic services for the Police Department, increasing the contract in the amount of $10,000, for a revised total not-to-exceed $25,000 through June 30, 2023.
10.8
Amendment to On-Call Land Surveying and Mapping Services Agreement

RECOMMENDED ACTION
  1. Approve and authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with Dennis Janda, Inc. for on-call land survey and mapping services in an amount not-to-exceed $45,000, for a total agreement amount of $110,000.
10.9
Agreement with All American Asphalt, Inc. for Construction Services for the Murrieta Road Resurfacing and Improvements Project


RECOMMENDED ACTION
  1. Approve and authorize the City Manager to execute an Owner-Contractor Agreement with All American Asphalt, Inc. to perform construction services for the Murrieta Road Resurfacing and Improvements Project, Capital Improvement Project No. 23-07, in an amount not-to-exceed $1,962,222; and
     
  2. Authorize the City Manager to execute a Utility Relocation Agreement between the City of Menifee and Eastern Municipal Water District, and any future amendments thereof, for reimbursement of costs related to the adjustment and relocation of existing water utilities; and
  3. Adopt a Budget Amendment Resolution appropriating $373,000 from Measure A (Fund 220) fund balance into the project fund.
10.10
Acceptance of Public Improvements and Release of Security for Tract Map 37576, Meadow Run, by Meritage Homes of California, Inc.


RECOMMENDED ACTION
  1. Accept the public improvements for streets, drainage, water, recycled water and sewer systems, as well as subdivision monuments for Tract Map 37576, Meadow Run, located south of Holland Road and east of Bradley Road; and 
  2. Authorize the City Engineer to release the posted securities per the City’s Standard Policies.
11. 
PUBLIC HEARING ITEMS 
11.1
Business License Denial Appeal Hearing for Happy Seven

RECOMMENDED ACTION
  1. Conduct appeal hearing in accordance with Chapters 2.04.050 and 5.01.250 of the Menifee Municipal Code; and
  2. Adopt a resolution denying the appeal filed by the applicant/appellant Yihai Ace, Inc. dba Happy Seven, filed by representative Fangkai Jiang, which appeals the Deputy Finance Director's (December 2, 2022) denial of a business license application for a massage business at 27701 Scott Road, #204, Menifee, CA 92584.
11.2
Ordinance Introduction and Annexation No. 18, Rockport Ranch, into CFD 2017-1 (Maintenance Services)


RECOMMENDED ACTION
  1. Adopt a resolution calling an election to annex territory, including TR 37131, located south of Old Newport Road and west of Briggs Road, into City of Menifee Community Facilities District (CFD) No. 2017-1 (Maintenance Services) and to levy a special tax on that land; and
  2. Hold a special landowner election and canvass the election; and
  3. Adopt a resolution declaring results of special landowner election; and
  4. Introduce an ordinance, amending the Ordinance No. 2017-231 and levying and apportioning the special tax in CFD 2017-1.
11.3
 
Development Code Amendment to Implement Housing Element Program Action 5


RECOMMENDED ACTION
  1. Find that Code Amendment No. LR23-0017 is exempt from further environmental review pursuant to Section 15061 (b)(3) “Common Sense Exemption” of the California Environmental Quality Act (CEQA) and 14 CCR 15168 (c)(2) based on the City’s previously certified 6th cycle, 2021-2029 Housing Element Project Final Program Environmental Impact Report, and direct staff to file a Notice of Exemption; and
  2. Introduce an Ordinance approving Code Amendment No. LR23-0017, to amend Chapter 9.130.030 of the Development Code (Title 9 of the Menifee Municipal Code) to add provisions to for by-right review of residential projects with a minimum of 20% of the units affordable to lower income households and located on candidate sites identified in the current Housing Element and used in a prior housing element as required to implement Housing Element Program Action 5 and comply with State law.
12. 
DISCUSSION ITEMS 
12.1
Agreement with Dokken Engineering for a Feasibility Study of the Salt Creek Trail Construction and Maintenance


RECOMMENDED ACTION
  1. Approve and authorize the City Manager to execute a Professional Services Agreement with Dokken Engineering for a Feasibility Study of the Salt Creek Trail construction and maintenance in the amount not to exceed of $141,735; and
  2. Adopt a Budget Amendment Resolution authorizing the appropriation of expenditures in the amount of $41,735 from available Community Services Department operating funds to account no. 512-4555-58147.
12.2
Creation of Historic Districts and Preservation of Rural Areas Discussion

RECOMMENDED ACTION
  1. Discuss the creation of historic districts and the preservation of rural areas; and
  2. Provide direction to City staff.
12.3
2022 Education Summit


RECOMMENDED ACTION
  1. Receive and file an update on the 2022 Education Summit.
12.4
 
Discussion on the Creation of a Business Incentive District

RECOMMENDED ACTION
  1. Discuss the creation of a Business Incentive District within the City of Menifee.
13. 
CITY ATTORNEY REPORTS 
14. 
CITY MANAGER REPORTS 
15. 
FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS 
> Review Graffiti Ordinance (Sobek, April 20, 2022)
Target Date: April 19, 2023
> 2026 Semisesquicentennial Independence Celebration Event (Sobek, Sept. 21, 2022)
Target Date: May 3, 2023
> City Fine Structure for Illegal Fireworks (Sobek, July 20, 2022)
Target Date: May 3, 2023
> Noise Concerns on Newport Corridor (Sobek, Sept. 21, 2022)
Target Date: May 17, 2023
> Menifee Police Youth Driving Program (Liesemeyer, Oct. 19, 2022)
Target Date: May 17, 2023
> Feasibility of Establishing a Volunteer Traffic Enforcement Unit (Karwin, Nov. 16, 2022)
Target Date: May 17, 2023
> Update on Development East of the City (Sobek, July 7, 2021)
Target Date: May 17, 2023
> Update from George Krikorian (Sobek, June 15, 2022)
Target Date: TBD
> Update on Water by Darcy Burke, WaterMark Associates, and Eastern Municipal Water District (Sobek, March 1, 2023)
Target Date: TBD
> Existing Staff Member to serve as a Resident Benefits Liaison (Karwin, March 1, 2023)
Target Date: TBD
16.
 
ADJOURN 
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting, both on agenda items and during the public comments period. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.
Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting the City Clerk Department, at (951) 672-6777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours.
Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact the City Clerk Department at (951) 672-6777 or by coming into City Hall located at 29844 Haun Road, Menifee, CA, 92586 during normal business hours. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.