2021-09-15 City Council REGULAR MEETING - MinutesCity Council Chambers
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Menifee City Council
29844 Haun Road
Regular Meeting Minutes
Menifee, CA 92586
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'NI E N I FE E
Wednesday, September 15, 2021
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6:00 PM Closed Session
Bill Zimmerman, Mayor
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6:00 PM Regular Meeting
Bob Karwin, District 1
Matthew Liesemeyer, District 2
Armando G. Villa, City Manager
Lesa Sobek, District 3
MINUTES
Jeffrey T. Melching, City Attorney
Dean Deines, District 4
Sarah A. Manwaring, City Clerk
CLOSED SESSION 5:00 PM
Mayor Zimmerman called the meeting to order at 5:00 PM. Present were Councilmembers
Deines, Karwin, Liesemeyer, Mayor Pro Tern Sobek, and Mayor Zimmerman. The City Council
recessed to Closed Session for the purpose listed below.
1. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Significant Exposure to litigation pursuant to Government Code paragraph (2) or (3) of
subdivision (b) of Section 54956.9
1 Potential Case
REGULAR MEETING (6:00 PM)
1. CALL TO ORDER
Mayor Zimmerman called the meeting to order at 6:00 PM. City Attorney Jeffrey Melching stated
there was no reportable action from Closed Session.
2. ROLL CALL
Present: Dean Deines, Bob Karwin, Matthew Liesemeyer, Lesa Sobek, Bill Zimmerman
Absent: None
3. WORDS OF INSPIRATION
Pastor Charles Wolfe with Rockridge Church Menifee provided the words of
inspiration.
4. PLEDGE OF ALLEGIANCE
Dr. Jonathan Greenberg led the flag salute.
Menifee Mayor and City Council September 15, 2021
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5. PRESENTATIONS
5.2 Recognition of PRTC Commissioner Rick Croy
The City Council honored outgoing Parks, Recreation, and Trails Commissioner Rick
Croy for his years of dedication to the community. The City Council presented him
with a proclamation for his service on the Commission and wished him all the best in
his retirement. Mr. Croy stated his appreciation for the community and encouraged
residents to get involved. He thanked the Council for their support and well wishes.
5.2 Outstanding Citizen of the Month — Nina Medina
Although Nina Medina could not be in attendance, Councilmember Liesemeyer
spoke of her service to the community and recognized her as September's
Outstanding Citizen of the Month.
5.2 Business Spotlight — Nothing Bundt Cakes
Economic Development Director Gina Gonzalez introduced Nothing Bundt Cakes
as the September Business Spotlight and presented the award to Carol Badal. The
City Council thanked Ms. Badal for her service to the community. Ms. Badal thanked
the Council and community for their support.
5.2 Community Services Department Update
Community Services Director Jonathan Nicks introduced Community Services
Manager Mariana Mitchell and Management Analyst II Kori Jones. Ms. Mitchell and Ms.
Jones reported on the recreation programs and park ranger activity; special
events; Clean Air Day; solid waste and recycling; and the Menifee Clean Air Month
events.
Staff stated there would be a Bulky Item Drop Off on November 13, 2021 at Mt. San
Jacinto College (MSJC).
Councilmember Karwin stated clarification of the food distribution times and the
amount of food available, so that residents don't arrive early and wait longer than
necessary.
Mayor Pro Tern Sobek stated she would like to recognize the Youth Leaders of
Menifee.
Mayor Zimmerman introduced a tribute video showcasing Riverside County cities
that held a September 11 Memorial event.
6. AGENDA APPROVAL OR MODIFICATIONS
City Clerk Sarah Manwaring stated there was a request to move Item No. 12.1 prior to Item
No. 10.
The agenda was approved unanimously (5-0) as modified.
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PUBLIC COMMENTS (NON -AGENDA ITEMS)
Jonathan Greenberg commented on the Community Cupboard and thanked the City for their
supported. Community Cupboard Executive Director Dawn Smith provided an overview of the
program.
Charles Wolfe, Menifee resident, discussed concerns with mask and vaccine mandates.
8. COUNCILMEMBER UPDATES AND COMMENTS
Councilmember Karwin reported on the meetings and events he attended.
Menifee's 9/11 Remembrance Ceremony
Sun City Farmers Market
Rotary Club Meeting
Councilmember Liesemeyer reported on the meeting and event he attended.
• Western Riverside Council of Governments (WRCOG) Meeting
■ Menifee's 9/11 RemembranceCeremony
Councilmember Deines reported on the meetings and events he attended.
• Veterans Fair at Mt. San Jacinto College (MSJC)
• Student of the Month
• Menifee's 9/11 Remembrance Ceremony
Mayor Pro Tern Sobek reported on the meetings and events she attended.
■ Meeting with Supervisor Jeff Hewitt
• Parks, Recreation, and Trails Commission Meeting
• Menifee Interfaith and Community Service Council
• Watched the Chat with the City Manager
• Menifee's 9/11 Remembrance Ceremony
• Western Riverside County Regional Conservation Authority Meetings
Mayor Zimmerman stated the marines who lost their lives in the Kabul terroristattack on August
26, 2021, were coming home to Camp Pendleton that evening and that police officers and fire
personnel will be located on the McCall overpass to salute them as they drove by.
Mayor Zimmerman reported on the meetings and events he attended.
■ Meeting with Supervisor Jeff Hewitt
• Parks, Recreation, and Trails Commission Meeting
• Veterans Fair at MSJC
• Menifee Interfaith and Community Service Council
• Salt Creek Mural Committee
■ MSJC Collaborative Meeting
• The Oasis Home Owners Association (HOA) Board Meeting
• Rotary Club Meeting
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• Sun City Farmers Market
• Opening Day Ceremony for Girls Softball
• Menifee's 9/11 Remembrance Ceremony
■ Riverside County Transportation Commission (RCTC) Meeting
Mayor Zimmerman announced that there would be a historical program at Antelope Menifee
Rural Center on Saturday, September 18, 2021, and on Saturday, September 25, 2021, the
Mott's Big Barn Car Show would take place.
9. APPROVAL OF MINUTES
9.1 September 1, 2021 City Council Minutes
The minutes were approved unanimously (5-0) with no modifications.
12.1 Parks, Recreation and Trails Commission Appointment
Mayor Pro Tern Lesa Sobek introduced the new Parks, Recreation and Trails
Commissioner, David Foust.
City Clerk Sarah Manwaring administered the Oath of Office to Mr. Foust.
ACTION
1. Mayor Pro Tern Sobek appointed David Foust to the Parks, Recreation and Trails
Commission; and
2. City Clerk administered the Oath of Office.
10. CONSENT CALENDAR
Councilmember Karwin requested to pull Item No. 10.15.
Councilmember Liesemeyer requiredto pull Item Nos. 10.05, 10.9, 10.18, and 10.19.
The balance of the consent calendar was approved by the following vote.
ACTION
MOVER: Matthew Liesemeyer
SECONDER: Lesa Sobek
AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
10.1 Waiver of Reading
ACTION
1. Waived the reading in full of any and all Ordinances listed on this agenda and
provided that they be read by title only.
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10.2 Proclamations for the Month of October 2021
ACTION
1. Proclaimed September 17-23 as Constitution Week; and
2. Proclaimed October 1, 2021 as Manufacturing Day; and
3. Proclaimed October 2021 as Clean Air Month; and
4. Proclaimed October 2021 as Cybersecurity Awareness Month.
10.3 Warrant Register
ACTION
1. Ratified and approved the Voucher Lists dated 8/13/2021, the Payroll
Register/Other EFT's dated 8/02/2021, 8/03/2021, 8/05/2021, 8/06/2021,
8/09/2021, 8/19/2021, and 8/20/2021 which have a total budgetary impact of
$4,056,400.73.
10.4 Public Safety Reporting Resolution
ACTION
1. Adopted Resolution No. 21-1062, formalizing Public Safety Reporting,
10.5 Public Safety Reports
Councilmember Liesemeyer inquired about including the historical data in the future in
order to show trends. City ManagerArmando Villa stated the historical data would be
provided during the quarterly report presentations to Council.
Mayor Pro Tern Sobek requested false alarm information be added to the monthly
report.
ACTION
1.. Received and filed.
MOVER: Matthew Liesemeyer
SECONDER: Lesa Sobek
AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
10.6 California Intergovernmental Risk Authority (CIRA) Alternate Representative
Appointment
ACTION
1. Approved Resolution No. 21-1063, appointing the Deputy Human Resources
Director as analternate representative and allowing that representative to vote at the
California Intergovernmental Risk Authority (Cl RA) board meetings on behalf of the
City.
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10.7 Memorandum of Understanding with the American Red Cross
ACTION
1. Approved a Memorandum of Understanding (MOU) between the American RedCross
and the City of Menifee to assist individuals and families impacted by disasters and
to provide other humanitarian services
10.8 Coalition for Clean Air Microgrant
ACTION
1. Accepted the Fiscal Year 2021/22 Clean Air Day Microgrant for Menifee Clean Air
events in the amount of $500; and
2. Adopted Resolution No. 21-1064, appropriating $500 in revenue and expenditures,
for Menifee's Clean Air events and activities; and
3. Authorized the City Manager or his designee to execute all necessary
agreements and other grant related documents thereof to receive the Coalition for
Clean Air Microgrant.
10.9 Environmental Review Guidelines Update
Councilmember Liesemeyer inquired about the City's liability with traffic studies
completed by City staff, and the Request for Proposal (RFP) and peer review process.
City Attorney Jeffrey Melching, Public Works Director Nick Fidler, and Community
Development Director Cheryl Kitzerow provided clarification.
Councilmember Liesemeyer inquired about the language in section five, subsection C
regarding the applicants' ability to choose a consultant and the peer review process.
Ms. Kitzerow stated if it was the Council's direction, language could be added to state
thatapplicants are free and willing to hire consultants on the City's pre -approved list
and will not incur a 15% administrative change.
The City Council provided consensus for the modification.
Councilmember Liesemeyer requested that communication from staff to developers
be clearer.
Mayor Pro Tern Sobek noted correspondence received by Ron Sullivan stating his
support of the item and thanking staff for their work.
ACTION
1. Adopted Resolution No. 21-1073, updating the City of Menifee Environmental
Review Guidelines; and
2. Authorized the City Manager to execute agreements with approved
environmental firms to provide on call environmental and planning consulting
services for privately funded development projects.
MOVER: Lesa Sobek
SECONDER: Dean Deines
YES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
AYS: None
E: None
Menifee Mayor and City Council September 15, 2021
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10.10 Menifee Police Department Patrol Vehicle Disinfecting Robots Purchase
ACTION
1. Approved and authorized the City Manager to execute a Purchase Order with
Command Sourcing, Inc. (micro UVC disinfecting robots) in the total amount of
$9,998.61 to be funded with American Rescue Plan funds; and
2. Exempt the purchase from competitive bidding pursuant to Menifee Municipal Code
section 3.12.070(A)(7) and (A)(8) as a unique commodity that can only be obtained
from one vendor (proprietary equipment).
10.11 Community Facilities District No. 2021-2, Sumac Ridge Resolutions of Intention
ACTION
1. Adopted Resolution No. 21-1066, establishing Community Facilities District No.
2021-2 (Sumac Ridge) of the City of Menifee, located north of Scott Road, at the
intersection of Lindenberger Road, to authorize the levy of a special tax to pay the
costs of acquiring or constructing certain facilities and to pay debt service on
bonded indebtedness; and
2. Adopted Resolution No. 21-1067, incurring bonded indebtedness in an amount
not -to -exceed $15,000,000 within proposed Community Facilities District No.
2021-2 (Sumac Ridge) of the City of Menifee and set the public hearing for
November 3, 2021.
10.12 Community Facilities District No. 2017-1, Annexation No. 6, Sumac Ridge Resolution
of Intention
ACTION
1. Accepted the Petition of Meritage Homes of California, Inc., a California
corporation, Tentative Tract Map No. 37668, located north of Scott Road at the
intersection of Lindenberger Road, to annex into Community Facilities District No.
2017-1 (Maintenance Services) ("CFD No. 2017-1" or "CFD") as
Annexation Area No. 6; and
2. Adopted Resolution No. 21-1068, adding Annexation Area No. 6 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 November 3, 2021.
10.13 Kimley-Horn and Associates Agreement for Design Services of Traffic Signals at
Antelope Road and the Mount San Jacinto College Entrance
ACTION
1. Approved and authorized the City Manager to execute a Professional Services
Agreement with Kimley Horn and Associates for Capital Improvement ProjectNo.
22-15 in an amount not -to -exceed $45,186.
10.14 Agreement with R.J. Noble Company, for McCall Boulevard Resurfacing
ACTION
1. Awarded the bid and authorized the City Manager to execute an
Owner -Contractor Agreement with R.J. Noble Company for CIP No.
21-13, McCall Boulevard Resurfacing, in the amount of $1,232,866.50; and
2. Authorized the City Manager to execute change orders(s) for unanticipated
amount
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not -to -exceed 10% of the contract amount or $123,286.65; and
3. Approved Resolution Nos. 21-1069, 21-1070, 21-1071, and 21-1072, carrying
forward CIP 21-13 McCall Blvd Resurfacing Project budget from Fiscal Year
2020-2021 into the Fiscal Year 2021-2022 budget; and
4. Authorized the City Manager to execute the Utility Relocation Agreement between
the City of Menifee and Eastern Municipal Water District for reimbursement of
costs related to the relocation of water facilities for McCall Blvd Resurfacing.
10.15 NV5, Inc. Amendment No. 5, Bradley Bridge Over Salt Creek
Councilmember Karwin inquired about the timeline for Bradly Bridge and the reason
the bridge and the trail were not planned for alignment in 2019. Public Works Director
Nick Fidler and City Manager Armando Villa provided clarification.
The City Council inquired about a National Environmental Policy Act (NEPA) study and
if the trail would go over or under the bridge. Mr. Fidler provided clarification.
Councilmember Karwin expressed the importance of forward thinking.
ACTION
1. Approved and authorized the City Manager to execute Amendment No. 5 to the
Professional Services Agreement with NV5, Inc., for Capital Improvement Project
No. 13-04, extending the term of service through June 30, 2023 and providing
funding for additional services in the amount of $187,950.
MOVER: Bob Karwin
SECONDER: Matthew Liesemeyer
AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
10.16 Public Improvements, Security Bond Reduction and Release for Tract 32934, Boulder
View Estates, Gordon R. Hanshaw
ACTION
1. Accepted Public Improvements for Road and Drainage, Water, Recycled Water
and Sewer in Tract 32934, located at the southeast corner of La Piedra and
Phoebe Road; and
2. Approved of the 90% reduction of the original bonds for Road and Drainage,
Water, Recycled Water, and Sewer Improvements; and
3. Approved of the release of the Subdivision Monument Bond.
10.17 Final Map and Agreements for Tract Map 37400, Sagewood by DR Horton
ACTION
1. Approved and authorized the City Manager to execute the Security Improvement
Agreements for Onsite Road, Drainage, Water, Recycled Water, and Sewer
Systems to guarantee completion of required improvements associated with Tract
37400, located at the southwest corner of Barnett Road and McLaughlinRoad; and
2. Approved and authorized the City Manager to execute the Security Improvement
Agreements for Offsite Road, Drainage, Water and Recycled Water Systems to
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guarantee completion of required improvements associated with Tract 37400; and
3. Approved and authorized the City Manager to execute the Security Improvement
Agreements to guarantee completion of required regional flood control
improvements associated with Tract 37400; and
4. Approved and authorized the City Manager to execute a Security Improvement
Agreement for Placement of Monuments for Tract 37400; and
5. Approved and authorized filing of the final map for Tract 37400.
10.18 Kimley-Horn & Associates Agreement, Garbani Road / 1-215 Interchange
Councilmember Liesemeyer inquired about the cost discrepancy between the two
bidders. Public Works Director Nick Fidler provided clarification.
ACTION
1. Approved and authorized the City Manager to execute a Professional Services
Agreement with Kimley-Horn & Associates (Kimley-Horn) in an amount not -to -
exceed $570,264.16, to provide the Project Initiation Document for Capital
Improvement Project No. 20-05.
MOVER: Matthew Liesemeyer
SECONDER: Lesa Sobek
AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
10.19 Tract Map 29636, Calder Ranch, Settlement Agreement and Bond Release
Councilmember Liesemeyer stated he recused himself because he lives in the
community.
ACTION
1. Released the security bonds for drainage, flood control, water, and sewer for
Tract Map (TM) 29636, (Calder Ranch); and
2. Approved and authorized the City Manager to execute the associated settlement
agreement.
MOVER: Bill Zimmerman
SECONDER: Dean Deines
AYES: Deines, Karwin, Sobek, Zimmerman
NAYS: None
RECUSE: Liesemeyer
10.20 Second Reading and Adoption of Ordinance to Levy Special Taxes — Community
Facilities District No. 2017-1, Annexation No. 9
ACTION
1. Adopted Ordinance No. 21-326, amending Ordinance No. 17-231 and levying
special taxesto be collected during Fiscal Year 2021-22 to pay the annual costs of
the maintenance and servicing of street lights, parks, parkways, streets, roads, and
open space, the operation and maintenance of storm drainage systems, a
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reserve fund for capital replacement, and administrative expenses with respect to
City of Menifee Community Facilities District No. 2017-1 (Maintenance
Services), Annexation No. 9, Sagewood for D.R. Horton Los Angeles Holding
Company, Inc.
11. PUBLIC HEARING ITEMS
11.1 2020/2021 Consolidated Annual Performance and Evaluation Report for the
Community Development Block Grant Program
Sr. Management Analyst Edna Lebron provided a presentation and reported on the
overview of the Consolidated Annual Performance and Evaluation Report (CAPER);
Community Development Block Grant (CDBG); public services; Minor Home
Rehabilitation Grant Program (MHRGP); Phase II Romoland Sidewalk/Street
Improvements; Program Year 2020/2021 CDBG-Corona Virus (CV) Statistics; and the
recommended action.
Mayor Zimmerman opened the public hearing at 7:52 PM. City Clerk Sarah Manwaring
stated the public hearing was legally noticed and there were no public comments. Mayor
Zimmerman closed the public hearing at 7:53 PM.
ACTION
1. Adopted Resolution No. 21-1074, approving the 2020/2021 Consolidated Annual
Performanceand Evaluation Report (CAPER) and authorize staff to submit the
CAPER to the Department of Housing and Urban Development (HUD).
MOVER: Lesa Sobek
SECONDER: Matthew Liesemeyer
AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
12. DISCUSSION ITEMS
12.1 This item was moved prior to Item 10 during agenda approval.
12.2 Agreement for Fire Services
City Manager Armando Villa introduced Assistant City Manager Rochelle Clayton to
present the item. Ms. Clayton provided a presentation and reported on the agreementwith
CalFire and Riverside County, CalFire and the County of Riverside's partnership; contract
effective dates; history of contract costs; Fiscal Year 2021/22 fire services; and staffs
recommended action.
The City Council inquired about the three-year contract, which extended passed CalFire's
and the County of Riverside's contract, cost increases, and the City's termination
options. CalFire Chief Bill Weiser and Ms. Clayton provided reassurance that the City
would have fire services.
ACTION
1. Approved and authorized the City Manager to execute the Cooperative Agreementto
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provide fire protection, fire prevention, rescue and emergency medical services for the
City of Menifee from November 1, 2021 through June 30, 2024; and
2. Approved Resolution No. 21-1075, to increase the Fire Professional Services
expenditure account.
MOVER: Lesa Sobek
SECONDER: Dean Deines
AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
12.3 Introduction to the 2021 Redistricting Process
Andrew Westall, owner of Bear Demographics and Research, provided a
presentation and reported on the Redistricting Laws; Menifee Municipal Code; Equal
Population Principle; Traditional Redistricting Criteria; Equal Protection Clause; the
Federal Voting Rights Act; and the 2021-2022 timeline of meeting and workshops.
12.4 Fund Balance Policy for the General Fund
Deputy Finance Director Wendy Preece provided a presentation and reported on the
current policy reserves; current committed and assigned reserves; optional reserve
totals; reserve level comparison; available fund balance after reserves; and staffs
recommended action.
The City Council inquired about the City's surplus in the available fund balance, and
purpose for reserve increase. Assistant City Manager Rochelle Clayton, City Manager
Armando Villa and Ms. Preece provided clarification.
ACTION
1. Adopted Resolution No. 21-1076, modifying the Fund Balance Policy reserve
requirementsfor Fiscal Year 2021/22 to 12.5% Committed Fund Balance, 12.5%
Assigned Fund Balance and 10% Unassigned Fund Balance, for a total of 35%;
and
2. Approved the revised Fund Balance Policy, CC-07.
MOVER: Dean Deines
SECONDER: Lesa Sobek
AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
12.5 Standard Contingency to Construction and Professional Services Agreements
Public Works Director Nick Fidler provided a presentation and reported on the Menifee
Municipal Code; change orders; industry best practice; current contingency practices;
and Council options.
Councilmember Liesemeyer requested that the contingency amount be left
unidentified in the contracts.
Menifee Mayor and City Council September 15, 2021
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Mayor Pro Tern Sobek spoke in favor of not including a 10% contingency on
professional service agreements.
Mayor Zimmerman stated he agreed with not including a 10% contingency on
professional service agreements. The Mayor also requested a quarterly report for all
change orders approved by the City Manager as a receive and file item on the
Consent Calendar. The City Council provided consensus for a quarterly report.
Councilmember Deines inquired about the increase to the change order amount. Mr.
Fidler provided clarification.
Councilmember Karwin spoke in favor of the proposed increase in the change
order dollar amount of $50,000 and not including the contingency amount in the
contract.
ACTION
The City Council provided consent to update the municipal code to authorize the City
Manager to execute change orders for construction agreements in increments of up
to $50,000 and to remove contingencies from professional service agreements and
authorize the City Manager to execute change orders.
MOVER: Lesa Sobek
SECONDER: Bob Karwin
AYES: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
NAYS: None
RECUSE: None
13. CITY ATTORNEY REPORTS
None.
14. CITY MANAGER REPORTS
None.
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
Councilmember Deines requested a report on options for appropriating surplus fund
balance. Mayor Zimmerman seconded the request.
Mayor Pro Tern Sobek requested a discussion item for next fiscal year to establish a Citizen's
Academy. Councilmember Liesemeyer seconded the request.
16. ADJOURN
Mayor Zimmerman adjourned the meeting at 9:22 PM.
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