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, December 6, 2023
4:00 PM Closed Session
6:00 PM Regular Meeting

Rebekah Kramer, Acting City Manager
Jeffrey T. Melching, City Attorney
Sarah Manwaring, City Clerk
 
 

CLOSED SESSION (4:00 PM)

1.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(d)(1):  Young v. City of Menifee, United States District Court, Central District of California, Eastern Division Case No. 5:17-cv-01630-JGB (SPx)
2.
CONFERENCE WITH LABOR NEGOTIATIONS (Government Code 54957.6):  Agency Negotiations:  Rebekah Kramer, Acting City Manager; Jonathan Nicks, Deputy City Manager – Employee Organization: Police Officers Association (MPOA)
3.
CONFERENCE WITH LABOR NEGOTIATIONS (Government Code 54957.6):  Agency Negotiations:  Rebekah Kramer, Acting City Manager; Jonathan Nicks, Deputy City Manager – Employee Organization: Miscellaneous Police Employee Association (MMPEA)
4.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION:
Significant Exposure to Litigation (Gov. Code Section 54956.9(d)(2) or (3)):
One Case (Personnel Investigation)

 
REGULAR MEETING (6:00 PM)
1.
CALL TO ORDER 
2. 
ROLL CALL 
3. 
WORDS OF INSPIRATION 
3.1.
Kelly Southwell - Church of Jesus Christ of Latter Day Saints - Menifee
4. 
PLEDGE OF ALLEGIANCE 
5. 
PRESENTATIONS 
5.1.
Parks, Recreation, and Trails Commission (PRTC) Appointment – Maurico Sanchez
5.2.
Outstanding Citizen of the Month – Master Sergeant Frank Puebla (PVHS NJROTC)
5.3.
Business Spotlight – Diana’s Dance Company
5.4.
Recognition of Resident Donation to the John V. Denver Park
5.5.
Fall 2023 Teen Awards
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
October 18, 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 10/27/2023, 11/03/2023, and 11/09/2023, the Payroll Register/Other EFTs dated 10/26/2023, 10/27/2023, 11/2/2023, 11/3/2023, and 11/9/2023, and the Void Check Listing PE 10/31/2023 which have a total budgetary impact of $6,400,953.34.
     
10.3
Annual Report on Receipt and Use of AB1600 Development Fees

RECOMMENDED ACTION
  1. Receive and file the Fiscal Year 2022/23 annual report on receipt and use of AB1600 Development Fees, and
  2. Adopt five-year findings pursuant to Government Code 66001(d)(1) for the nexus, need and planned use of Development Impact Fees (DIF) collected in excess of five years. 
10.4
Participation in the California Asset Management Program Investment Program

RECOMMENDED ACTION
  1. Adopt a resolution authorizing the City of Menifee to participate in the California Asset Management Program (CAMP) and authorize City Manager or designee to execute any related agreements and documents.
10.5
Proposed First Amendment to the CFD 2020-1 (McCall Mesa) Acquisition and Construction Funding Agreement

RECOMMENDED ACTION
  1. Review and approve the proposed First Amendment to the Acquisition, Construction and Funding Agreement for CFD 2020-1 (McCall Mesa), which adds Remington park site land acquisition costs to the list of city improvements constructed by or on behalf of the developer that are eligible for reimbursement with bond proceeds.
10.6
Acceptance of County Service Area 145 Quimby Fees

RECOMMENDED ACTION
  1. Adopt budget amendment resolutions to accept, approve and authorize the Finance Department to transfer $1,585,460 of County of Riverside County Service Area 145 (“CSA 145”) Quimby Fees to a General Fund Assigned Fund Balance, DIF Citywide Park Improvements (Fund 522) and CSA 145 Assigned Fund Balance; and
  2. Adopt budget adoption resolutions transferring $557,000 from CSA 145 Assigned Fund Balance to Unassigned Fund Balance and appropriating $557,000 in expenditures from Fund 480 (CSA 145) to CIP 24-12: La Ladera Park Improvements Project and reducing Fiscal Year (FY) 2023/24 and FY24/25 budget appropriations from DIF Fund by a combined $557,000.
     
10.7
Menifee Police Officers Association Side Letter Agreement

RECOMMENDED ACTION
  1. Authorize the City Manager or designee to execute and implement terms of the Memorandum of Understanding Side Letter with the Menifee Police Officers Association.
10.8
Menifee Miscellaneous Police Employee Association Side Letter Agreement

RECOMMENDED ACTION
  1. Authorize the City Manager or designee to execute and implement terms of the Memorandum of Understanding Side Letter with the Menifee Miscellaneous Police Employee Association.
10.9
Memorandum of Understanding with Perris Union High School District for Aquatic Facility Use

RECOMMENDED ACTION
  1. Approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with Perris Union High School District for the use of the aquatic facility at Paloma Valley High school through June 30, 2026; and
  2. Approve and authorize a Mid-Year Budget appropriation of $107,500 in expenditures in Community Services General Fund (100-4662) and $14,500 in revenues in an account to be identified by Finance for Fiscal Year (FY) 2023/2024 and the inclusion of the associated personnel outlined in the staff report to be included on the Authorized Position Listing; and
  3. Approve and authorize a Mid-Cycle Budget appropriation of $231,850 expenditures in Community Services General Fund (100-4662) and $43,000 in revenues in an account to be identified by Finance for FY 2024/2025.
 
10.10
Agreements with Security Signal Devices, Inc. for City Facility Fire Alarm, Burglar Alarm, and Closed-Circuit Television Maintenance and Monitoring Services


RECOMMENDED ACTION
  1. Approve and authorize the City Manager to execute a five-year agreement with Security Signal Devices, Inc. (SSD) for fire alarm, burglar alarm and closed-circuit television (CCTV) maintenance and monitoring services for Fiscal Years (FY) 2023/2024 through 2027/2028 in an amount not-to-exceed $250,150.80.
10.11
Subscription Services with Arctic Wolf, Inc. for Cybersecurity Event Log Aggregation, Threat Detection and Response, and Security Operations Center Services

RECOMMENDED ACTION
  1. Approve and authorize the City Manager to issue a purchase order to SHI International Corp., authorized reseller of Artic Wolf, Inc., in the amount of $124,401.24 for Fiscal Year 2023/24 for the purchase of cloud-based cybersecurity event log aggregation, threat detection and response, and Security Operations Center services; and
  2. Authorize the City Manager to administratively approve up to three optional one-year renewals of the purchase order on the same terms with an annual increase not-to-exceed 10% per year for Fiscal Years 2024/25 through 2026/27; and
  3. Authorize the purchase to be made under the cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) through the OMNIA Master Intergovernmental Cooperative Purchasing Agreement and SHI Master Agreement No. 2018011-02.
10.13
Memorandum of Understanding with the County of Riverside, Post-Release Accountability and Compliance Team, for Fiscal Year 2023/2024

RECOMMENDED ACTION
  1. Approve and authorize the City Manager, or designee, to execute a Memorandum of Understanding (MOU) with the County of Riverside, on behalf of its Probation Department and Post-Release Accountability and Compliance Team (PACT) for Public Safety Realignment.
10.14
Fiscal Year 2023/2024 Police Department Fleet Vehicle Purchases

RECOMMENDED ACTION
  1. Approve the purchase of five vehicles from the State of California Contract Vendor Wondries/National Auto Fleet Group in a not-to-exceed amount of $416,904.10, including tax and delivery, from account numbers 100-4911-53155, purchase to be made under a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell Contract No. 120716-NAF; and
  2. Approve the increase to Purchase Order No. 04759 from the State of California Contract Vendor Wondries/National Auto Fleet Group in a not-to-exceed amount of $18,716.13, including tax and delivery, from account numbers 100-4911-53155, purchase to be made under a cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with Sourcewell Contract No. 120716-NAF; and
  3. Approve the purchase of eight L3/Harris XL-200 Mobile Radios from Cazcom, Inc.  in a not-to-exceed amount of $57,680.68, including tax and delivery, from account numbers 100-4911-53155; purchase to be made under cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with NASPO and HGAC Contracts; and
  4. Approve the purchase of eight Getac V110 G7 from GHA Technologies, Inc.  in a not-to-exceed amount of $38,214.20, including tax and delivery, from account numbers 100-4911-53155; purchase to be made under cooperative purchasing (piggyback) agreement as permitted under the Menifee Municipal Code Section 3.12.070 (6) with NCPA Contract No. 01-96; and
  5. Approve the purchase of eight vehicle wraps from SignPro Graphix in a not-to-exceed amount of $10,890.70, including tax and installation, from account numbers 100-4911-52800; and
  6. Authorize the City Manager or his designee to execute the required documents and approve any future change orders due to price increase, limited availability, or unavailability of vehicles.
10.15
Agreement Amendment with Axon Enterprise, Inc. for Police Department Fleet In-Car Dash Cameras

RECOMMENDED ACTION
  1. Approve and Authorize the City Manager or the City Manager’s designee to execute Amendment No. 1 to the Master Services and Purchasing Agreement with Axon Enterprises, Inc. in an amount not-to-exceed $63,371 for a new contract total not-to-exceed $167,315 including tax and installation for the purchase of four Fleet 3 Advanced 2 Camera Kits (in-car dash cameras); and
  2. Exempt the purchase above from the competitive bidding as the purchase will be made under the Cooperative Purchasing Agreement (“Piggyback”) with the National Cooperative Procurement Organization Partners (NPPGov - Contract# PS20270); and
  3. Authorize the City Manager or the City Manager’s designee to execute the required documents and the Finance Department to issue a corresponding Purchase Order for the purchase, and contract amendment. 
10.16
Agreement Amendment with DeGuire Weed Abatement for On-Call Weed Abatement Services

RECOMMENDED ACTION
  1. Approve and authorize the City Manager to execute Amendment No. 2 to the existing Professional Services Agreement with DeGuire Weed Abatement for Citywide on-call weed abatement services, increasing the contract amount by $52,500 for a revised total contract amount not-to-exceed $105,000, and extending the term of the contract through June 30, 2025.
10.17
Amendments to Capital Improvement Program Professional Services Agreements

RECOMMENDED ACTION
  1. Approve and authorize the City Manager to execute five amendments extending the terms of service to various Professional Services Agreements supporting the Capital Improvement Program.
10.18
Master Agreement with Harris and Associate, for Professional On-Call Services for Civil Engineering and Plan Check Services

RECOMMENDED ACTION
  1. Approve and authorize the City Manager to execute a Master Agreement for professional on-call services for civil engineering and plan check services with Harris & Associates, Inc. effective through June 30, 2026, for a total not-to-exceed amount of $150,000 for the term of the agreement; and
  2. Authorize the Finance Department to issue purchase orders on an as-needed basis in the aggregate of the not-to-exceed amount approved for the Master Agreement.
10.19
Purchase of Prefabricated Pedestrian Bridge for the Paloma Wash Pedestrian Bridge Project

RECOMMENDED ACTION
  1. Approve the purchase of a prefabricated pedestrian bridge from Bridge Brothers, Inc. for the Paloma Wash Pedestrian Bridge, Capital Improvement Program project no. CIP 20-13, in the not-to-exceed amount of $812,746.43, including taxes and delivery; and
  2. Authorize the City Manager to execute the required documents and the Finance Department to issue corresponding purchase order for the purchase.
10.20
Lien Agreement for Replacement of Subdivision Improvement Securities for Tract Map 31456, The Enclave, RCFC Investments, Inc.

RECOMMENDED ACTION
  1. Approve and authorize the City Manager to execute a Lien Agreement to replace existing securities to guarantee the completion of required public improvements associated with Tract Map 31456, The Enclave, located west of Valley Boulevard, west of “Atria” Menifee Valley Senior Living; and
  2. Authorize the City Clerk to record the Lien Agreement with the Riverside County Clerk Recorder’s Office; and
  3. Authorize the Public Works Director to fully release improvement securities previously provided for Tract Map 31456 upon recordation of the Lien Agreement.
10.21
Covenant for the Deferral of Conditions of Approval Associated with Tentative Parcel Map 33739, and filing of Parcel Map 33739 for Financing Purposes, Cantalena, by EPC Holdings, LLC

RECOMMENDED ACTION
  1. Approve and authorize the City Manager to execute a Declaration of Covenants to defer conditions of approval as established for Tentative Parcel Map No. 33739, Cantalena, by EPC Holdings 781, LLC, located south of Garbani Road and west of Haleblian Road; and
  2. Authorize the City Clerk to record the Declaration of Covenants with the Riverside County Clerk Recorder’s Office; and
  3. Approve and authorize the filing of Parcel Map No. 33739 for financing purposes.
10.22
Agreement and Bond for Parcel Map No. 35625 / IP22-009, Popeye’s Louisiana Kitchen Restaurant, by DMSD Cajun Properties, LLC

RECOMMENDED ACTION
  1. Approve and authorize the City Manager to execute a Public Improvement Agreement to guarantee the completion of required public improvements associated with Parcel Map No. 35625, Popeye’s Louisiana Kitchen by DMSD Cajun Properties LLC, located on the south side of Newport Road, between Winter Hawk Road and Evans Road.
10.23
Tract Map, Security Improvement Agreements, and Bonds for Tract Map No. 37391, Legado, by BLC Fleming, LLC.

RECOMMENDED ACTION
  1. Approve and authorize the filing of Tract Map No. 37391, Legado, by BLC Fleming, LLC, located east of Encanto Drive, south of Rouse Road, west of Antelope Road, and north of Chambers Avenue; and
  2. Approve and authorize the City Manager to execute the subdivision improvement agreements to guarantee completion of required backbone infrastructure improvements associated with Tract Map No. 37391.
10.24
Notice of Completion and Acceptance for the Menifee Road/Garbani Road Traffic Signal Project

RECOMMENDED ACTION
  1. Accept the improvements for the Menifee Road/Garbani Road Traffic Signal Project, Capital Improvement Project No. 21-11;and
  2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
10.25
Acceptance of Public Improvements and 90% Release of Security, Tract Map 28794, Lot 66, Quartz Ranch Park, by Lennar Homes of California, LLC

RECOMMENDED ACTION
  1. Authorize the Public Works Director to accept the public improvements for Quartz Ranch Park, Tract Map 28794, Lot 66, located south of La Piedra Road and east of Evans Road; and
  2. Adopt a resolution approving the Certificate of Acceptance for Quartz Ranch Park; and
  3. Authorize the Public Works Director to release 90% of the posted securities per the City’s Standard Policies.
10.26
Public Service Easement Vacation No. 22-003, Vacating Public Utility Easements within Tract Map No. 32628, Adler Ranch

RECOMMENDED ACTION
  1. Adopt a resolution rescinding Resolution No. 23-1363 and reordering the summary vacation of public utility easements, together with the right of ingress and egress, as previously dedicated on recorded Tract Map No. 32628, Adler Ranch, located south of Craig Avenue and east of Antelope Road; and
  2. Authorize the City Clerk to record the approved resolution and Notice of Vacation No. 22-003 with the Riverside County Recorder’s Office.
10.27
Agreement with Rick Engineering Company for the Southern Gateway Specific Plan and Environmental Impact Report

RECOMMENDED ACTION
  1. Approve and authorize the City Manager to execute a Professional Services Agreement with Rick Engineering Company to prepare the Southern Gateway Specific Plan and an Environmental Impact Report in an amount not-to-exceed $637,096.
10.28
Agreement Amendment with Placeworks, Inc. for the Inclusionary Housing Feasibility and Housing Market Studies

RECOMMENDED ACTION
  1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Placeworks Inc. to extend the term of the agreement through June 30, 2024 for the Inclusionary Housing Feasibility Study and Housing Market Study. 
10.29
Master Agreements for the CDBG Minor Home Rehabilitation Grant Program and the Single-Family Home Improvement Grant

RECOMMENDED ACTION
  1. Approve the two separate Master Service Agreements for the Minor Home Rehabilitation Grant Program (MHRGP) and the Single-Family Home Improvement Grant (SFHI) pre-approved contractors; and
  2. Authorize the City Manager to execute individual Master Service Agreements with pre-approved contractors through June 30, 2025; and
  3. Authorize the Finance Department to issue individual Purchase Orders (PO) against Master Agreements for approved individual home repair projects.
     
11. 
PUBLIC HEARING ITEMS 
11.1
Golden Meadows Major Modification and Zoning Code Amendment

RECOMMENDED ACTION
  1. Adopt a Resolution approving an Addendum to the certified Final Environmental Impact Report (“FEIR”) (State Clearinghouse No. 2003061122) for Golden Meadows Tentative Tract Map (“TTM”) No. 31194; and
  2. Introduce an Ordinance approving Zoning Code Amendment (“ZCA”) No. PLN21-0201 to TTM No. 31194; and
  3. Adopt a Resolution approving Major Modification ("MJMOD") No. PLN21-0199 to TTM No. 31194, generally located north of Wickerd Road and west of Sherman Road.
12. 
DISCUSSION ITEMS 
12.1
Agreement and Bid Award to Optima RPM, Inc. for the Central Park Amphitheater Project Construction

RECOMMENDED ACTION
  1. Award bid and authorize the City Manager to execute a construction contract with Optima RPM, Inc. for the construction of the Central Park Amphitheater in the amount not-to-exceed $5,133,427; and
  2. Adopt four budget amendment resolutions for revenue and/or expenditure appropriation in the amount of $1,841,667 from available ARP fund balance to Account 301-4555-58079 and 301-3742, $905,535 from available fund balance in Fund 620 Local Parks (Account 620-4555-58079), $219,088 to DIF Citywide Park (Account 522-4555-58079), and $789,683 to General Fund (Account 100-4555-58079).
12.2
Agreement with T.Y. Lin International for the Central Park Amphitheater Project Design Support Services

RECOMMENDED ACTION
  1. Approve and authorize the City Manager to execute a Professional Services Agreement with T.Y. Lin International for as needed on-call design support services of the Central Park Amphitheater in the amount not-to-exceed $125,000. 
12.3
Agreement with SouthStar Engineering & Consulting, Inc. for the Central Park Amphitheater Project Construction Management

RECOMMENDED ACTION
  1. Approve and authorize the City Manager to execute a Professional Services Agreement with Southstar Engineering & Consulting, Inc. for construction management services in an amount not-to-exceed $855,091.
13. 
CITY ATTORNEY REPORTS 
14. 
CITY MANAGER REPORTS 
15. 
FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS 

> Key to the City Discussion (Sobek, July 19, 2023)
Target Date: January 17, 2024
> Property Tax Benefits for Disabled Veterans (Estrada, July 19, 2023)
Target Date: TBD 
> Discuss Reduction of Business License to be the Lowest In the County (Estrada, October 4, 2023)
Target Date: TBD 
> Discuss options on how to move forward with annexation of all Parks located in Menifee.(Estrada, October 4, 2023)
Target Date: TBD 
> Discuss street name change  for Comey View Court.(Karwin, October 18, 2023)
Target Date: January 17, 2024
> Discuss RV Parking Regulations.(Estrada, November15, 2023)
Target Date: TBD
> Discuss Makeup of Menifee Citizens Advisory Committee (MCAC).(Sobek, November15, 2023)
Target Date: February 7, 2023
CalTrans Representative  With Schedule Update .(Sobek, October 4, 2023)
Target Date: February 7, 2023

 
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.