City Council readjusts city manager's spending authority

By Doug Spoon, Editor

The Menifee City Council has authorized the city manager to execute documents necessary to receive nearly $1.2 million in state aid to address COVID-19’s impact on the city. At the same time, the council voted unanimously Wednesday night to update a restriction on the city manager’s authority to spend funds.

A staff report presented to council members showed that Menifee has been approved to receive $1,198,820 through the CARES Act, created to address public health and safety impacts on cities. Through the council’s approval, city manager Armando Villa is authorized to oversee expenditure of those funds, including a Menifee COVID-19 Small Business Assistance Grant program, for which many local businesses have already qualified.

In addition, Villa is authorized to “allocate CARES Act funds to any item of appropriation for
COVID-19 eligible projects and activities and return to City Council with summary report
on recommended uses to ensure timely expenditure of CARES Act Funds,” according to the document approved on Wednesday.

At the same time, council members voted unanimously in support of Mayor Bill Zimmerman’s motion that a clause expanding Villa’s authority for non-COVID expenditures be removed from the City’s State of Emergency proclamation, which was adopted in March.

As part of the March 18 emergency resolution, Villa was given the authority to sign any contract not related to COVID-19 up to $200,000, with 24-hour notice given to the City Council. Normally, the city manager is not allowed to sign contracts over $25,000 without council approval.

That clause was included, city attorney Jeffrey Melching explained during the March 18 council meeting, because emergency plans called for the City Council to meet only once a month instead of two.

The intent was to expedite the execution of contracts concerning regular business while council meetings were reduced because of COVID-19 safety precautions. However, only the April 1 council meeting was cancelled before a twice-monthly schedule resumed. Zimmerman stated that as part of Wednesday’s approval of the spending process, the extra authority for Villa to execute non-COVID related contracts up to $200,000 was no longer necessary and there should be removed from the emergency proclamation.

“Why would we need that expediency for items not related to COVID?” Zimmerman asked.

Villa replied that the clause had remained in effect because the state of emergency proclamation was still active. After seeking counsel from Melching, Zimmerman made his motion to approve the COVID-19 spending authority, along with removing the clause about non-COVID spending authority.

Because the action amends a resolution, it must be brought back to the council for final approval at its next meeting, scheduled for Sept. 2. City Council meetings continue to be held virtually, with only council and staff in council chambers and others invited to watch the meeting via live stream.

“It’s not that we don’t trust you,” council member Lesa Sobek said to Villa after the vote was taken. “It just makes sense to go back to the original policy.”

Although he is still authorized to execute expenses related to COVID-19, Villa is now once again limited to $25,000 in contracts he can execute without council approval.

"It's not about trust, but setting sound policies,” Zimmerman told Menifee 24/7 later in the week. “The citizens are counting on us. That's why it's so important that we review our staff reports and understand the rationale for the policies that staff prepares and recommends. I do my best to watch these policies like a hawk.”