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2020-02-19 City Council REGULAR MEETING - MinutesSUEEEEil City Council Ghambers 29844 Haun Road Menifee, CA 92586 BillZimmerman, Mayor Greg August, District 1 Matthew Liesemeyer, District 2 Lesa Sobeh Disfict 3 Dean Deines, District 4 Menifee City Counci! Regular Meeting Minutes Wednesday, February 19, 2020 5:00 PM Closed Session 6:00 PM Regular Meeting Armando G. Villa, City Manager Jeffrey T. Melching, City Attorney Sarah A. Manwaring, City Clerk MINUTES CLOSED SESSION (5:00 P.M.) Mayor Zimmerman called the meeting to order at 5:00 p.m. Present were Councilmembers August, Deines, Sobek, Mayor Pro Tem Liesemeyer and Mayor Zimmerman. There were no public comments. The City Council recessed to Closed Session at 5:00 p.m. for the purposes listed below. 1. CONFERENCE WITH LEGAL COUNSEL. EXISTING LITIGATION Paragraph (1) of subdivision (d) of Section 54956.9 Thomas P. Fuhrman v. City of Menifee Riverside County Superior Court Case No. MCC1600382 2, CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Paragraph (1) of subdivision (d) of Section 54956.9 R.l.C. Construction Co., lnc vs City of Menifee Riverside County Superior Court Case No. RIC 1901445 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Paragraph (1) of subdivision (d) of Section 54956.9 New Cingular Wireless PCS, LLC, d/b/a AT&T Mobility v City of Menifee United States District Court Case No. 5:20-cv-00065-JGB-SP REGULAR MEETING (6:00 P.M) 1. CALL TO ORDER Mayor Zimmerman called the Regular Meeting to order at 6:03 p.m. City Attorney Jeffrey Melching reported on Closed Session ltem No. 2 that the City Council unanimously (5-0) approved a settlement agreement. 2. ROLLCALL Attendee Name BillZimmerman Greg August Lesa Sobek Matt Liesemeyer Dean Deines Title Mayor District 1 District 3 District 2 District 4 Status Present Present Present Present Present 3. WORDS OF INSPIRATION Pastor Jeff Johnson, lmpact Church \J 1{Y Opo7 Menifee Mayor and City Council Regular Meeting Minutes Wednesday, February 19, 2O2O Page 2 of 9 4. PLEDGE OF ALLEGIANCE Measure DD Committee Member Edward Samuelson led the flag salute 5. PRESENTATIONS 5.1. Business Spotlight - Breakfast Club Economic Development Director Gina Gonzalez reported on the Business Spotlight Program and introduced February's Business Spotlight, The Breakfast Club. The City Council presented Chris Vitolo with a certificate and thanked him for their service to the community. 5.2. Capital lmprovement Program Update City Manager Armando Villa introduced the item. City Engineer/Public Works Director Jonathan Smith provided a presentation and reported on what Capital lmprovement Projects are, their timeline and life spans. Mr. Smith provided a background on a list of projects there were adopted by the City Council in June 2019. The City Council asked questions of staff regarding the Garbani Road and 215 lnterchange project, Goetz Road street improvements, after hours maintenance response, and the McCall traffic signal located near the Menifee Global Medical Center. Mr. Smith stated staff was working on an information package that would be made available to the City Council. The City Council thanked Mr. Smith and his staff for their work. 6. AGENDA APPROVAL OR MODIFICATIONS The agenda was approved unanimously (5-0) with no modifications. 7. PUBLTC COMMENTS (NON-AGENDA ITEMS) Ms. Miller stated her opposition for development and her political opinions for the upcoming March election. Tony Falco, Menifee resident and businessperson, asked the City Council to reconsider a settlement agreement related to his lawsuit and asked for some time to move his business to the City of Perris. Councilmember Sobek asked the City Attorney if they are advised to speak to or comment on pending litigation items. City Attorney stated the City Council are advised not to comment on pending litigation items. 8. COUNCILMEMBER UPDATES AND COMMENTS Councilmember Sobek reported on the meetings and events she attendedo Public Safety Committee Meeting Ivlenifee Mayor and City Council Regular Meeting Minutes Wednesday, February 19, 2020 Page 3 of 9 9. 10. o National Crossing Guard Appreciation Dayo Brokers Luncheono Romoland Elementary School, California Distinguished School Award Luncheon Councilmember Sobek announced there would be a District 3 Casual Conversation held on Tuesday, February 25,2020 at Archibald's. Councilmember Deines reported on the meetings and events he attended.. Veterans of Foreign Wars (VFW) Post 1956 Awards Luncheon. Menifee Chamber of Commerce lnstallation and Business Awardso Brokers Luncheono Romoland Elementary School, California Distinguished SchoolAward Luncheon Mayor Pro Tem Liesemeyer repo(ed on the meetings he attendedo Public Safety Committee Meetingo Meeting with Congressman Ken Calvert Mayor Zimmerman reported on the meetings and events he attended.. Spoke to 4th Grade Class at Ridgemoor Elementarye Menifee Union School District Coffee Mixer, Partners in Education. Spoke with Sun City Coordinating Councilo Veterans of Foreign Wars (VFW) Post 1956 Awards Luncheonr [\4enifee Chamber of Commerce lnstallation and Business Awardso Santa Rosa Academy Judge for STEAM Expo. Menifee Union School District Board Meeting, Certificate Honoring Counselors. QuailValley Community Group Meetingo Student of the Montho Romoland Elementary School, California Distinguished School Award Luncheon. Brokers Luncheon. Regional Chamber Neighbors Mixero Meeting with Congressman Ken Calvert APPROVAL OF MINUTES 9.1. Approval of Minutes of February 5,2020 The minutes were approved unanimously (5-0) with no modifications. GONSENT CALENDAR The Consent Calendar was a unanrm as follows 10.1. Waiver of Reading in Full of Any and all Ordinances Listed on this Agenda and Provide that they be read by Title Only RESULT: MOVER: SECONDER: AYES: Adopted [Unanimous] Matt Liesemeyer ust, Sobek, Liese r, Deines Lesa Sobek Zimmerman, Menifee Mayor and City Council Regular Meeting Minutes Wednesday, February 19, 2O2O Page 4 of 9 10.2. Warrant Register ACTION Ratified and approved the Voucher List dated 113112020 and the Payroll Register/Other EFT's dated 112412020 and 112812020, which had a total budgetary impact of $2,287,990.62. 10.3. Fire Station #7 Notice of Completion, CIP 15-08 ACTION 1. Accepted the design, construction, and outfitting, including facility and improvements for Fire Station #7, CIP 15-08; and 2. Authorized the City Clerk's Office to file the Notice of Completion for Fire Station #7, including the design, construction and outfitting, CIP 15-08 with the Riverside County Recorder's Office; and 3. Authorized staff to release the retention in the amount of $400,000, per the Design-Build Agreement with RIC Construction lnc. 10.4. Professional Services Agreement with Spicer Consulting Group (Bonded CFDs) ACTION Approved and authorized the City Manager to execute professional services agreement in the notto-exceed amount of $75,000 with Spicer Consulting Group (SCG) for Fiscal Year 2019/20 Bonded CFD Formation and Bond lssuance Services 10.5. Amendment No. 1 to Agreement with Spicer Consulting Services (District Adm inistration Services) ACTION 1. Approved Amendment No. 1 for $31,881.12 to Professional Services Agreement with Spicer Consulting for Fiscal Year (FY) 2019120 District Administration Services, and;2. Authorized the City Manager to execute two (2) additional one (1) year contract renewal options to the existing Professional Services Agreement with Spicer Consulting Group in the not to exceed amount of $230,269.30 aggregate, for FY2020121 and FY2021122 District Administration Services, and; 3. Approved contingency of up to 10%, or $23,027, if necessary, for any additional services required during the remainder of the amended contract term and authorized the City Manager to execute any corresponding amendment(s). 10.6. Amendment No. 1 Professional Services Agreement with Spicer Consulting Services (On Call Municipal Consulting Services) ACTION Approved Amendment No. 1 in the not-to-exceed amount of $30,000 with Spicer Consulting Group (SCG) for Fiscal Year 2019120 On-Call Municipal Finance Consulting Services. Menifee Mayor and City Council Regular Meeting Minutes Wednesday, February 19, 2O2O Page 5 of 9 10.7 Amendment No. 1 to Santa Margarita River Watershed Management Area I mplementation Agreement ACTION Authorized the Mayor and City Council to execute Amendment No. 1 to the Santa Margarita River Watershed Management Area (SMR WMA) lmplementation Agreement. 10.8. Bond Reduction for Tract Map 28788, MEF Homes, LLC ACT!ON 1. Accepted Public lmprovements consisting of road/drainage, sewer system and water system improvements for Tract Map 28788, a subdivision of 35.94 gross acres of land into 123 lots for residential use located west of Evans Road and South of Newport Road; and 2. Approved the 90% Bond reduction. 10.9. Agreement with American Asphalt South lnc., PMP 20-02 ACT!ON 1. Awarded bid and authorized the City Manager to execute Owner-Contractor Agreement with American Asphalt South, lnc. for the Quail Valley East - Street Resurfacing Project, PMP 20-02 in the amount of $297,326.24; and 2. Authorized the City Manager to execute change orders(s) for unanticipated expenditures required to execute the construction of the project, in the amount not- to-exceed 10o/o of the contract amount or $29,733. 10.10. Professional Services Agreement with STC Traffic, lnc. for the Antelope Road Raised Safety Median Project, CIP 19-03 ACTION Authorized the City Manager to execute Professional Services Agreement with STC Traffic, lnc. for the Antelope Road Raised Safety Median Project, CIP 19-03 in the amount not-to-exceed $69, 324.60. 10.11. Agreements for Cityrvide ADA and Pedestrian Safety lmprovements Project ACTION 1. Authorized the City Manager to execute Professional Services Agreement with Anser Advisory, LLC for Construction Engineering Services for the Citywide ADA and Pedestrian Safety lmprovements Project, CIP 17-05 in a notto-exceed amount of $94,644.66; and2. Awarded bid and authorized the City Manager to execute Owner-Contractor Agreement with DBX, lnc. for the Citywide ADA and Pedestrian Safety lmprovements Project, CIP 17-05 in the amount of $680,469.00; and3. Authorized the City Manager to execute change orders(s) to DBX, lnc. to cover unanticipated expenditures in the amount not-to-exceed 1Oo/o of the contract amount or $68,046.90; and4. Directed Finance Department to Transfer $137,366.28 from account 320-4555- 58087 to account 320-4555-58097. Menifee Mayor and City Council Regular Meeting Minutes Wednesday, February 19, 2O2O Page 6 of 9 10.12. Holland Road Overpass Right of Way Acquisition Agreement for APN 360-130- 0033 ACTION 1. Adopted Resolution No. 20-862, authorizing the City Manager to execute the Right-of-Way Contract with Nelson Family Trust for the interests in real property located on Holland Road (APN 360-130-003); and 2. Authorized the City Manager to execute any Purchase and Sales Agreements and authorized the City Manager to expend an amount not-to-exceed $1,420,000 towards acquiring the easements identified in the Purchase and Sale Agreements plus escrow closing costs; and 3. Authorized the City Manager or his designee to execute the Grant Deed Certificate of Acceptance conveyed from Nelson Family Trust; and 4. Authorized the City Manager or his designee to execute the Grant of Easement Certificate of Acceptance for temporary construction easement conveyed from Nelson Family Trust; and 5. Authorized the City Manager or his designee to execute the Grant of Easement Certificate of Acceptance for permanent utility easement conveyed from Nelson Family Trust; and 6. Authorized the City Manager or his designee to execute the Grant of Easement Certificate of Acceptance for permanent maintenance easement conveyed from Nelson Family Trust; and 7. Authorized the City Manager or his designee to execute the Certificate of Acceptance for lrrevocable Right of Way Offer of Street Dedication conveyed from Nelson Family Trust. 10.13. Acceptance for Centennial Park ACTION 1. Authorized the City Engineer to approve and accept the park upon receipt of final documents; and 2. Approved the Quitclaim Deed and Certificate of Acceptance for Centennial Park, lot 126 of Tract Map 32277-1 located south of Holland Road and west of Briggs Road; and 3. Adopted Resolution No. 20-863, confirming acceptance of the Certificate of Acceptance for Centennial Park. 11. PUBLIC HEARING ITEMS 11.1. Proposed Annexation No. 4 into Community Facilities District 2017-1 (Maintenance Services) for TTM 31098 Deputy City Manager Rochelle Clayton provided a presentation on the item. Ms Clayton reported on the proposed annexation and the services that may be funded, location, and the fiscal impact. Mayor Zimmerman opened the public hearing at 7:09 p.m. City Clerk Sarah Manwaring confirmed that the item was legally noticed and no correspondence had been received. There were no requests to speak. The City Clerk stated there are no persons registered to vote in the territory of the district, per the Riverside County Registrar of Voters. The City Clerk confirmed that the owners of the Menifee Mayor and City Council Regular Meeting Minutes Wednesday, February 19, 2020 Page 7 of 9 12. 1 taxable property in the district have consented to holding the special election, the ballot was received, and it was a yes vote. Mayor Zimmerman closed the public hearing at 7:10 p.m. Ms. Manwaring read the Ordinance by title ACTION Ad Resolution No.calli the election 2. Adopted Resolution No. 20-865, declaring results of special landowner election. RESULT: MOVER: SECONDER: AYES: Adopted [Unanimous] Dean Deines Matt Liesemeyer Zimmerman,Sobek , Deines 3. lntroduced an Ordinance amending Ordinance No. 2017-231and levying and on the altax in CFD No. 2017-1 DISCUSSION ITEMS 12.1. Military Banner Program Policy City Manager Armando Villa introduced the item and Senior Management Analyst lmelda Huerta to present the item. Ms. Huerta reported on the background of the program; the need for formalizing a policy; key items in the policy; banner locations; costs; cost savings; and fiscal impact. Councilmember Sobek requested that removal and replacement of banners and the twelve-month waiting period to reapply for a banner should be at staffs discretion if there were available poles and no waiting list. Councilmember Sobek also inquired about the banner company's product guarantee and Mr. Villa clarified the twelve-month warrantee was for fading and coloring. Councilmember Sobek also requested that in cases where the banners were not available to present at the Memorial Day or Veteran's Day events that a Certificate of Participation be presented instead. The City Council asked questions of staff regarding the twelve-month verbiage on the application, renewalfees, banner locations, waiting list, raising the application fee due to high costs to the City, donations, and a potential grant program. RESULT: MOVER: SECONDER: AYES: Adopted [Unanimous] Matt Liesemeyer Dean Deines Zimmerman, August, Sobek, Liese r, Deines RESULT: MOVER: SECONDER: AYES: Lesa Sobek Greg August Zimmerman,ust, Sobek,, Deines Adopted [Unanimous] Menifee Mayor and City Council Regular Meeting Minutes Wednesday, February 19, 2020 Page B of 9 Deputy City Manager Rochelle Clayton stated staff was drafting a donation policy and would incorporate the Banner Program to the policy, and would be brought back to the City Council. Councilmember Deines requested that under definitions to remove "Currently Serving" and keep "Active Duty" because they mean the same thing. He also asked to add the definition "Reservist means twelve (12) months of being assigned to a Reserve unit in the United States Armed Forces." Councilmember Sobek requested banners specific to war heroes that served in World War ll, the Korean War and Vietnam War stay in the Sun City core area. The City Council discussed raising the application fees and agreed to leave the fees as they are and to address the fees during the fiscal year budget review. Ms. Huerta reported on the process for replacing and taking down existing banners. ACT!ON Adopted the Military Banner Program Policy establishing procedures and protocols rel to milita banners as amended 12.2. Fiscal Year 2019/20 Mid-Year Budget Review and Budget Adjustments Councilmember August stepped away from the dais al7:44 p.m. and returned at 7:47 p.m. City Manager Armando Villa introduced the item. Deputy City Manager Rochelle Clayton and Deputy Finance Director Wendy Preece provided a presentation on the item. Ms. Preece reported on the generalfund mid-year summary, inclusive of Measure DD; budget summary inclusive of Measure DD; and current economic outlook. Ms. Clayton reported on the projects that required future funding; mid-year budget and staffing requests. Mayor Pro Tem Liesemeyer asked about the staffing organization for the Code Enforcement and Economic Development Departments and salary savings from unfilled positions. Ms. Clayton explained the reason for salary savings was from unfilled positions and confirmed staff was ready to interview and staff the proposed vacancies and positions if approved. Ms. Clayton also reported on total authorized positions requested and highlights of mid-year budget assumptions. Mr. Villa stated staff had taken a conservative approach to budgeting new positions and would phase in new positions based on revenues and continued growth. Staff and the City Council discussed how competitive the hiring process was at this time. RESULT: MOVER: SECONDER: AYES: Lesa Sobek Dean Deines Zimmerman,, Deinesust, Sobek, Adopted [Unanimous] Menifee Mayor and City Council Regular Meeting Minutes Wednesday, February 19, 2020 Page 9 of 9 ACTION 1. Accepted the fiscal year 2019/20 mid-year budget review and approved the additional budget appropriations and revenue recognitions as presented; and 2. Adopted Resolution No. 20-866, amending the fiscal year 201912020 operating budget; and 3. Adopted Resolution No. 20-867, adopting the schedule of authorized positions for mid-year fiscal year 2019-2020. RESULT: MOVER: SECONDER: AYES: Adopted [Unanimous] Dean Deines Matt Liesemeyer Zimmerman, August, Sobek, Liesemeyer, Deines 13. CITY ATTORNEY REPORTS None 14. CITY MANAGER REPORTS City Manager Armando Villa thanked the Finance Department and Public Works Departments for putting together their reports to Council. CalFire Chief Kirk Barnett stated Battalion Chief Josh Bischoff had accepted a transfer to Hemet Ryan Air Attack Base and he would be introducing the new Battalion Chief Mark League at an upcoming meeting. 15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS Councilmember Liesemeyer requested a discussion on animal control/sheltering services. Mayor Zimmerman seconded. Councilmember Liesemeyer also requested a draft cooperation Memorandum of Understanding (MOU) with neighboring cities and agencies to assist with future grants. Mayor Zim merman seconded. 16.ADJOI.JRN lVlayor Zimmerman adjourned the meeting at 8:1 1 p.m A. Clerk ng,MM