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2020-04-16 City Council REGULAR MEETING - MinutesVirtual Meeting Menifee City Council Via Ring Central Regular Meeting Minutes Menifee, CA 92586 Wednesday, April 15, 2020 5:00 PM Closed Session 6:00 PM Regular Meeting Bill Zimmerman, Mayor Greg August, District 1 Matthew Liesemeyer, District 2 Armando G. Villa, City Manager Lesa Sobek, District 3 Jeffrey T. Melching, City Attorney Dean Deines, District 4 Sarah A. Manwaring, City Clerk MINUTES CLOSED SESSION (5:00 P.M.) The Mayor called the meeting to order at 5:04 p.m. Present were Councilmembers August, Deines, Sobek, Mayor Pro Tem Liesemeyer, and Mayor Zimmerman. City Clerk Sarah Manwaring read a public comment, related to closed session item number one, submitted by resident Don Slater. The City Council recessed into Closed Session for the purposes listed below at 5:07 p.m. 1. 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 2. THREAT TO PUBLIC SERVICES OR FACILITIES Government Code Paragraph (A) of Section 94957 REGULAR MEETING (6:00 P.M) 1. CALL TO ORDER Mayor Zimmerman called the meeting to order at 6:06 p.m. City Attorney Jeffrey Melching stated there was no reportable action from Closed Session. Mayor Zimmerman provided the email and phone number for the public to participate in the meeting and to allow for public comments by email and phone due to the COVID-19 emergency. 2. ROLL CALL Attendee Name Title Status Bill Zimmerman Mayor Present Greg August District 1 Present Lesa Sobek District 3 Present Matt Liesemeyer District 2 Present Dean Deines District 4 Present DocuSign Envelope ID: 5A32D4AF-28E6-419B-B3DE-D5B2ABF170C7 Menifee Mayor and City Council Regular Meeting Minutes Wednesday, April 15, 2020 Page 2 of 12 3. WORDS OF INSPIRATION Councilmember Deines acknowledged the hard work of health care professionals and first responders, and asked for a moment of silence. 4. PLEDGE OF ALLEGIANCE Mayor Pro Tem Liesemeyer led the flag salute. 5. PRESENTATIONS 5.1. Menifee Police Department Update Chief Pat Walsh provided a presentation on the item. Chief Walsh reported on the Police Department building, police fleet vehicles, recruitment and hiring, dispatchers hired, staff training, and July 1 start date. The City Council asked questions of staff regarding the Police Department budgets and costs, officers’ experience and where they were transferring from. Chief Walsh stated staff was working on a response for the Council regarding the Police Department budgets. City Manager Armando Villa stated fiscal year 19/20 was a transition year for the Police Department, there were many one-time expenditures, and Council would be provided the operational fiscal year 20/21 budget presentation soon. The Council thanked the Police staff for their hard work. 5.2. COVID-19 Update Senior Management Analyst Samantha Rodriguez provided a presentation on the item. Ms. Rodriguez reported on the public health orders, regional response summary, the City of Menifee's response summary, food distribution update, economic development update, Public Information Officer (PIO) update, code enforcement update, finance update, model of how protective measures can "flatten the curve" for COVID-19, and important COVID-19 contacts. Councilmember Sobek stated concerns with the littering of masks and gloves in commercial parking lots. Ms. Rodriguez stated staff was drafting a volunteer program that could assist in that clean up effort. Councilmember August asked about the City's public safety and law enforcement efforts and testing locations. Ms. Rodriguez stated the City was in-line with the Federal, State and County orders. Councilmember Deines inquired about outreach to the senior community. Community Services Director Jonathan Nicks reported on staff's outreach efforts. City Manager Armando Villa discussed reimbursement efforts for COVID-19 related expenses. DocuSign Envelope ID: 5A32D4AF-28E6-419B-B3DE-D5B2ABF170C7 Menifee Mayor and City Council Regular Meeting Minutes Wednesday, April 15, 2020 Page 3 of 12 City Clerk Sarah Manwaring read a public comment from resident Al Sarmiento related to his concerns and questions about COVID-19 orders and enforcement. Ms. Rodriguez reported on the new testing and results and how that would effect COVID-19 number result reports. 6. AGENDA APPROVAL OR MODIFICATIONS The agenda was approved unanimously (5-0) with no modifications. 7. PUBLIC COMMENTS (NON-AGENDA ITEMS) None. 8. COUNCILMEMBER UPDATES AND COMMENTS Councilmember Deines reported on the meeting he attended.  Finance Committee Meeting via conference call Councilmember Sobek reported on the meetings she attended.  Finance Committee Meeting via conference call  Regional Conservation Agency (RCA) Mayor Pro Tem Liesemeyer reported on the meeting he attended.  Western Riverside Council of Governments (WRCOG) Conference Call with Central Zone Board Members Councilmember August reported on the meeting he attended.  Riverside Transit Agency (RTA) Mayor Zimmerman reported on the meetings he attended.  City of Menifee Disaster Council  Riverside County Transportation Commission  The California Governor's Office of Emergency Services (CalOES) Conference Call 9. APPROVAL OF MINUTES 9.1. Approval of Minutes of March 12, 2020 The Minutes were approved unanimously (5-0) with no modifications. 9.2. Approval of Minutes of March 18, 2020 The minutes were approved (4-0-1, Councilmember August abstaining) with no modifications. 10. CONSENT CALENDAR Councilmember Deines requested to pull Item No. 10.7. DocuSign Envelope ID: 5A32D4AF-28E6-419B-B3DE-D5B2ABF170C7 Menifee Mayor and City Council Regular Meeting Minutes Wednesday, April 15, 2020 Page 4 of 12 Mayor Pro Tem Liesemeyer requested to pull Item Nos. 10.8 and 10.9. Councilmember Sobek requested to pull Item No. 10.17. The balance of the Consent Calendar was approved by the following vote. RESULT: Adopted [Unanimous] MOVER: Matt Liesemeyer SECONDER: Lesa Sobek AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 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 10.2. Warrant Register ACTION Ratified and approved the Voucher Lists dated 3/13/2020 and 3/27/2020 and the Payroll Register/Other EFT’s dated 3/4/2020, 3/6/2020, 3/13/2020 and 3/20/2020 and the Void Check Listing PE 3/31/2020 which have a total budgetary impact of $4,969,899.10. 10.3. Treasurer's Report, February 2020 ACTION Approved the Treasurer’s Report for February 2020. 10.4. Joint Community Facilities Agreement Amendment, Community Facilities District No. 2016-74 (Menifee Town Center) ACTION Approved the proposed amendment to the Joint Community Facilities Agreement between City of Menifee, Lennar Homes of California and Eastern Municipal Water District in connection with Community Facilities District No. 2016-74 (Menifee Town Center). 10.5. Mortgage Credit Certification Program ACTION 1. Adopted Resolution No. 20-876, agreeing to participate in the County of Riverside Mortgage Credit Certificate (MCC) Program; and 2. Authorized City Manager to execute the Housing Element Certification form required for participation in the MCC Program. 10.6. Ordinance Approving Change of Zone No. PLN19-0092 ACTION Adopted Ordinance No. 2020-295, approving Change of Zone No. PLN19-0092. 10.7 This item was moved to Items Pulled from Consent. DocuSign Envelope ID: 5A32D4AF-28E6-419B-B3DE-D5B2ABF170C7 Menifee Mayor and City Council Regular Meeting Minutes Wednesday, April 15, 2020 Page 5 of 12 10.8 This item was moved to Items Pulled from Consent. 10.9 This item was moved to Items Pulled from Consent. 10.10. Transportation Uniform Mitigation Fee (TUMF) Schedule Amendment ACTION Adopted Resolution No. 20-877, adopting a new Transportation Uniform Mitigation Fee (TUMF) schedule. 10.11. Elecnor Belco Electric, Inc. Agreement, CIP 16-07 ACTION 1. Awarded bid and executed Owner-Contractor Agreement with Elecnor Belco Electric, Inc. for CIP 16-07, Menifee Traffic Signal Communications (West) Project, in the amount of $412,700; and 2. Authorized the City Engineer to execute construction change orders(s) for unanticipated construction changes up to an amount not-to-exceed 10% of the contract amount or $41,270 10.12. Anser Advisory, LLC Agreement, CIP 16-07 ACTION 1. Executed Professional Services Agreement with Anser Advisory, LLC for Construction Management Services for the Menifee Traffic Signal Communications (West) Project, CIP 16-07 for a not-to-exceed amount of $100,132.82. 2. Directed Finance Department to transfer fund savings for $8,292.17 from Account 320-4555-58071 Murrieta Rd/Scott Rd Traffic Signal to Account 320-4555-58040 HSIP Traffic Signalization Grant Expense to cover necessary funding gap. 10.13. Agreement with STC Traffic, Inc., CIP 16-07 ACTION Executed Professional Services Agreement with STC Traffic, Inc. for Construction Support Services for the Menifee Traffic Signal Communications (West) Project, CIP 16-07 for a not-to-exceed amount of $69,567.72. 10.14. All American Asphalt Agreement, CIP 20-02 ACTION 1. Awarded bid and authorized the City Manager to execute Owner-Contractor Agreement with All American Asphalt for the Ethanac Road and Sherman Road Street Resurfacing Project, CIP 20-02 in the amount of $1,204,929.68; and 2. Authorized the City Engineer to execute change orders(s) for unanticipated expenditures required to execute the construction of the project, in the amount not- to-exceed 10% of the contract amount or $120,493. 10.15. R.J. Noble Company Agreement, CIP 19-06 ACTION 1. Awarded bid and executed agreement with R.J. Noble Company for the Traffic DocuSign Envelope ID: 5A32D4AF-28E6-419B-B3DE-D5B2ABF170C7 Menifee Mayor and City Council Regular Meeting Minutes Wednesday, April 15, 2020 Page 6 of 12 Signal Installation and Road Improvement Project located at the intersection of Scott Road and Murrieta Road, CIP 19-06 in the amount of $663,800; and 2. Authorized the City Engineer to execute change orders(s) for unanticipated expenditures required to execute project construction, in an amount not-to-exceed 10% of the contract amount or $66,380. 10.16. Street Name Change for Final Tract Map 31822 ACTION Adopted Resolution No. 20-878, approving the street name change for Final Tract Map 31822 in Audie Murphy Ranch (AMR) Development. 10.17 This item was moved to Items Pulled from Consent. 10.18. Final Map and Bond Agreements, Tract Map 36485 ACTION 1. Approved the Bond Agreements for road/drainage, water, and sewer improvements for Tract No. 36485, located north of Audie Murphy Road and east of Goetz Road; and 2. Approved the Bond Agreement for placement of survey monuments; and 3. Approved and authorized the filing of the Final Map for Tract No. 36485, a subdivision of 49.72 gross acres into 115 lots for residential use. 10.19. Parcel Map and Bond Agreements, PM 37130 ACTION 1. Approved the Bond Agreements for Road/Drainage, Water, and Sewer Improvements; and 2. Approved the Bond Agreement for Placement of Survey Monuments; and 3. Approved and Authorized Filing of Parcel Map 31730, located south of McCall Boulevard and east of Sherman Road for J&T Management, Inc. 10.20. Hidden Hills Park Bond Reduction, Tract 30142-2 and Tract 30142 ACTION Approved the 90% Bond Reduction for Hidden Hills Park, constructed in Lots 196, 197, and 204 of Tract Map 30142 and 30142-2, located between Evans Road and Murrieta Road, south of Craig Avenue. ITEMS PULLED FROM CONSENT 10.7. Streetlights Retrofit Project Councilmember Deines requested a report from staff. City Manager Armando Villa introduced City Engineer/Public Works Director Jonathan Smith. Mr. Smith reported on the background, escrow shortfall, financing vs. actuals, shortfall offset, and fiscal impact. DocuSign Envelope ID: 5A32D4AF-28E6-419B-B3DE-D5B2ABF170C7 Menifee Mayor and City Council Regular Meeting Minutes Wednesday, April 15, 2020 Page 7 of 12 Councilmember Deines requested clarification on funding and if there were any other shortfalls, would staff have to come back to the City Council for approval. Mr. Smith confirmed staff would have to return to Council for further approval. ACTION 1. Approved additional funding based on the attached estimate for a not-to-exceed amount of $100,000 to address the escrow shortfall as it relates to the streetlights retrofit project; and 2. Adopted Resolution No. 20-879, authorizing an increase in appropriation of expenditures in the amount of $100,000 per attached schedule. RESULT: Adopted [Unanimous] MOVER: Dean Deines SECONDER: Bill Zimmerman AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 10.8. Annexation No. 2 into CFD 2017-1, Tract No. 28859, Woodside Homes Mayor Pro Tem Liesemeyer asked for clarification on the Annexation process. City Attorney Jeffrey Melching clarified this item was the first step in the process and on May 20 there will be a public hearing on the item. Mayor Pro Tem Liesemeyer requested that the agenda titles be renamed for better clarification. ACTION 1. Accepted the Petition of Woodside Homes, Tract Map 28859, located north of Ridgemoor Road and west of Valley Road, to annex into Community Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1” or “CFD”) as Annexation No. 2; and 2. Adopted Resolution No. 20-880 to add Annexation Area No. 2 into CFD No. 2017-1, to authorize the levy of special tax therein to finance certain maintenance services, and to set a public hearing for May 20, 2020. RESULT: Adopted [Unanimous] MOVER: Matt Liesemeyer SECONDER: Dean Deines AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 10.9. Annexation No. 31 into CFD 2015-2, Parcels 1 & 2 of Parcel Map 37289, Ethanac Square, LP ACTION 1. Accepted the Petition of Ethanac Square, LP (Parcels 1 & 2 for PM 37289), located south of Ethanac Road and west of Barnett Road, to annex into Community Facilities District No. 2015-2 (Maintenance Services) (“CFD No. 2015- 2” or “CFD”) as Annexation Area No. 31; and 2. Adopted Resolution No. 20-881 to add Annexation Area No. 31 into CFD No. 2015-2, to authorize the levy of special tax therein to finance certain maintenance services, and to set a public hearing for May 20, 2020. DocuSign Envelope ID: 5A32D4AF-28E6-419B-B3DE-D5B2ABF170C7 Menifee Mayor and City Council Regular Meeting Minutes Wednesday, April 15, 2020 Page 8 of 12 RESULT: Adopted [Unanimous] MOVER: Matt Liesemeyer SECONDER: Dean Deines AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 10.17. DBX, Inc. Agreement, CIP 20-06 and CIP 20-07 Councilmember Sobek asked about timing of the project. Mr. Smith stated it should be completed by January 2021. ACTION 1. Awarded bid and executed agreement with DBX, Inc. for CIP 20-06 and CIP 20-07 which includes the construction / installation of new traffic signals at the intersections of Menifee Road /Holland Road and Menifee Road/Camino Cristal in the amount of $930,898; and 2. Authorized the City Engineer to execute change orders(s) for unanticipated expenditures required to execute project construction, in an amount not-to-exceed 10% of the contract amount or $93,090.00. RESULT: Adopted [Unanimous] MOVER: Lesa Sobek SECONDER: Matt Liesemeyer AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 11. PUBLIC HEARING ITEMS 11.1. 2020/2021 Community Development Block Grant Annual Action Plan City Manager Armando Villa introduced Senior Management Analyst Edna Lebron. Ms. Lebron reported on the overview of the Community Development Block Grant (CDBG) Annual Action Plan, 2017-2021 Menifee Consolidated Plan, funding breakdown, and staff recommendation. Mayor Zimmerman stated he serves of the Board for Menifee Boys and Girls Club and would abstain from voting. Mayor Zimmerman opened the public hearing at 7:44 p.m. City Clerk Sarah Manwaring stated the public hearing was legally noticed and there was no correspondence received. Dawn Smith with the Menifee Valley Community Cupboard thanked the City Council for their support and the importance of CDBG funding. Mayor Zimmerman closed the public hearing at 7:46 p.m. ACTION 1. Conducted a Public Hearing for the City’s Community Development Block Grant (CDBG) Program 2020/2021 Annual Action Plan. 2. Adopted Resolution No. 20-882 approving the 2020/2021 Annual Action Plan. DocuSign Envelope ID: 5A32D4AF-28E6-419B-B3DE-D5B2ABF170C7 Menifee Mayor and City Council Regular Meeting Minutes Wednesday, April 15, 2020 Page 9 of 12 RESULT: Adopted [Unanimous] MOVER: Lesa Sobek SECONDER: Dean Deines AYES: August, Sobek, Liesemeyer, Deines ABSTAIN: Zimmerman 11.2. Tentative Tract Map No. 2018-065 (TR37400) City Manager Armando Villa introduced Senior Planner Tamara Harrison to present the item. Ms. Harrison reported on the project description, project location, general plan and zoning, access and design, landscape, concept park plan, monument signage, walls and fencing, improvements to Barnett Road and Patricia Lane, Commission recommendation, and environmental determination. Ms. Harrison noted staff received a comment from an unidentified caller with concerns about Barnett Road and housing development. Councilmember Deines inquired about the improvements on Barnett Road and the entrance to the community. City Engineer/Public Works Director Jonathan Smith reported on the road improvements and access to the entrance of the community. Mayor Pro Tem Liesemeyer noted the Conditions of Approvals for the proposed road improvements. Mayor Pro Tem Liesemeyer asked staff about the proposed 1.23-acre park and Quimby fees. Ms. Harrison stated the park would stay an HOA park due to the size not meeting City standards. Councilmember Sobek asked if it would be an age-restricted community. Ms. Harrison stated it was not. Mayor Zimmerman opened the public hearing at 8:00 p.m. City Clerk Sarah Manwaring stated the public hearing was legally noticed and no correspondence had been received. Phil Jones, agent for applicant stated this was the resubmittal of an existing map that had expired. Mayor Zimmerman closed the public hearing at 8:03 p.m. Councilmember Deines inquired about community outreach. Mr. Jones stated they had spoken to residents at the Planning Commission Meeting and that was all the outreach they did. Councilmember Deines suggested it would be a good idea for them to reach out to the home owners association. Mr. Jones agreed. The Council thanked Mr. Jones for the applicant’s willingness to complete the road improvements and contribution of Quimby Fees. ACTION 1. Conducted a Public Hearing. 2. Adopted Resolution No. 20-883, adopting a Mitigated Negative Declaration for Tentative Tract Map No. 2018-065 (TR37400) based on the findings incorporated in the Initial Study and the conclusion that the project will not have a significant DocuSign Envelope ID: 5A32D4AF-28E6-419B-B3DE-D5B2ABF170C7 Menifee Mayor and City Council Regular Meeting Minutes Wednesday, April 15, 2020 Page 10 of 12 effect on the environment. RESULT: Adopted [Unanimous] MOVER: Lesa Sobek SECONDER: Matt Liesemeyer AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 3. Adopted Resolution No. 20-884, approving Tentative Tract Map No. 2018- 065 (TR37400), located south of McLaughlin Road, east of Evans Road, north of Rouse Road, and west of Barnett Road, subject to the Conditions of Approval. RESULT: Adopted [Unanimous] MOVER: Dean Deines SECONDER: Lesa Sobek AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 12. DISCUSSION ITEMS 12.1. Citywide Design Guidelines City Manager Armando Villa introduced Community Development Director Cheryl Kitzerow to present the item. Ms. Kitzerow reported on what design guidelines were developed for and where they were pulled from, background, highlights of each section, and revisions. Councilmember Sobek inquired about possible landscaping guidelines and a plant pallet. Ms. Kitzerow discussed the guidelines that were already in place and stated staff could look at updating the plant pallet in the adopted landscape document and encourage more flowering. Community Services Manager Jonathan Nicks confirmed there were also guidelines in the Parks Master Plan regarding landscaping. Damian Fussell with the Building Industry Association (BIA), thanked staff and the City Council for their time and commitment put in to preparing the guidelines. ACTION Adopted Resolution No. 20-885, approving the Menifee Design Guidelines. RESULT: Adopted [Unanimous] MOVER: Matt Liesemeyer SECONDER: Bill Zimmerman AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 12.2. Policy Amendment - Community Facilities District Goals & Policies City Manager Armando Villa introduced Deputy City Manager Rochelle Clayton to present the item. Ms. Clayton introduced the policy amendment and reported on the purpose of the Community Facilities District (CFD) formation process; what a CFD is; the difference between a Mello-Roos District and a CFD; DocuSign Envelope ID: 5A32D4AF-28E6-419B-B3DE-D5B2ABF170C7 Menifee Mayor and City Council Regular Meeting Minutes Wednesday, April 15, 2020 Page 11 of 12 Maintenance services CFD; a bonded CFD; revenue from CFD restrictions; who administered CFDs; why the City must adopt a policy; what's required in the local goals and policies; and City of Menifee goals and policies. Ms. Clayton clarified in Section 5.1 (4) that outstanding bonds shall be evaluated for refunding if a savings would be realized, and she explained the next steps if approved. The City Council asked questions of staff regarding information that would be available on the City's web page, 20% premium, and expiration dates. City Clerk Sarah Manwaring read a public comment submitted by resident Michael Cano. ACTION Approved the policy amendment to Special Assessment and Community Facilities District Goals and Policies. RESULT: Adopted [Unanimous] MOVER: Dean Deines SECONDER: Lesa Sobek AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 12.3. Initiative Petition - Measure DD Repeal Update City Manager Armando Villa introduced City Clerk Sarah Manwaring to present the item. Ms. Manwaring reported on the history of the petition and the City Council's options to move forward. Councilmember August asked staff what the cost would be for option one, a report back from staff, and stated his concerns for option one. Mr. Villa stated the cost would be staff time. Councilmember Sobek clarified the City would not be hiring a consultant for option one and discussed her concern on misrepresentation of the petition while collecting signatures. City Attorney Jeffrey Melching stated there is a process for someone that had signed the petition to request to remove his or her signature from the petition. Councilmember Sobek and Mayor Pro Tem Liesemeyer spoke in favor of option one. ACTION 1. Received the certified results of the initiative petition to repeal the Measure DD 1% Sales Tax, and 2. Requested a fiscal impact report from staff to be presented at a date no later than 30 days after the elections official certified the sufficiency of the petition. DocuSign Envelope ID: 5A32D4AF-28E6-419B-B3DE-D5B2ABF170C7 Menifee Mayor and City Council Regular Meeting Minutes Wednesday, April 15, 2020 Page 12 of 12 RESULT: Adopted [Unanimous] MOVER: Lesa Sobek SECONDER: Matt Liesemeyer AYES: Zimmerman, August, Sobek, Liesemeyer, Deines 13. CITY ATTORNEY REPORTS None. 14. CITY MANAGER REPORTS City Manager Armando Villa reminded the public to wash their hands, social distance, and continue to wear facemasks. 15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS Councilmember Deines requested a post pandemic report and update on new technology implementations. Mayor Pro Tem Liesemeyer seconded the request. 16. ADJOURN Mayor Zimmerman adjourned the meeting at 9:12 p.m. ________________________ Sarah A. Manwaring, MMC City Clerk DocuSign Envelope ID: 5A32D4AF-28E6-419B-B3DE-D5B2ABF170C7