HomeMy WebLinkAbout08-24-2010 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
............................................................. TUESDAY, AUGUST 24, 2010
................. ...............................
CALL TO ORDER
Mayor Melendez called the Regular City Council Meeting to order at 7:00 p.m.
ROLL CALL
PRESENT: MAYOR MELENDEZ
MAYOR PRO TEM BHUTTA
COUNCIL MEMBER BUCKLEY
COUNCIL MEMBER HICKMAN
COUNCIL MEMBER MAGEE
ABSENT: NONE
Also present: City Manager Brady, City Attorney Leibold, Director of Administrative
Services Riley, Public Works Director /City Engineer Seumalo, Director of Lake and
Aquatics Kilroy, Senior Planner Harris, Police Chief Fontneau, Fire Chief Hendershot,
and Interim City Clerk Cowley.
PLEDGE OF ALLEGIANCE
Mayor Melendez invited Sophia Melendez to lead the audience in the Pledge of
Allegiance.
CITY COUNCIL CLOSED SESSION
(1a) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Gov't Code
Section 54956.9: 1 potential case
(1b) CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION
(Subdivision (a) of Gov't Code § 54956.9) R Side Medical, LLC; Carlos Stahl vs.
City of Lake Elsinore (Riverside Superior Court Case No. RIC10010236)
Regular City Council Meeting
August 24, 2010
Page 2 of 11
City Attorney Leibold announced items (1 a) and (1b) as listed on the agenda
were discussed under Closed Session and there was no reportable action on
either item.
PRESENTATIONS / CEREMONIALS
Larry Rubio of the Riverside Transit Authority provided a PowerPoint presentation
regarding public transportation within the community.
PUBLIC COMMENTS
Dave Willmon, League of California Cities for Riverside County Regional Public Affairs
Manager provided the Council with a brief update regarding Proposition 22.
Sharon Gallina, resident of Lake Elsinore asked Mayor Melendez if she has had an
opportunity to read the complaint forms that were brought to her attention. Mayor
Melendez stated she has read the complaint letters and spoke to staff regarding the
seriousness of the matter.
Mr. Longtin, representing Longtin's Auto Supply advised Council that due to the recent
rains his business has been closed for eight months. He spoke of the issues of flooding
in the area and the widening of the streets which could have an affect on his future
business. Mayor Melendez suggested he contact the Public Works Department
CONSENT CALENDAR
(2) Approval of Minutes
Recommendation: It is recommended the City Council approve the following
minutes:
a) Regular City Council Meeting —July 27, 2010
b) Joint City Council /Redevelopment Meeting — July 13, 2010 and July 27,
2010
(3) Warrant List Dated August 12, 2010
Recommendation: Authorize payment of Warrant List dated
August 12, 2010.
(4) Investment Report for the Month of July, 2010
Recommendation: It is recommended the City Council receive and file.
Regular City Council Meeting Page 3 of 11
August 24, 2010
(5) Lake Elsinore Municipal Code Waivers for Gladiator Mud Run Special Event
Recommendation: It is recommended the City Council waive Lake Elsinore
Municipal Code Section 8.40.040A (Alcohol is prohibited in City parks) and
Section 9.28.030 (Furnishing alcoholic beverages in public) for the proposed
Gladiator Mud Run Special Event, subject to compliance with all other conditions
for the event.
(6) Consideration of Construction Contract Award — Lakeshore Drive Street
Improvements from Viscaya Street to Kansas Street Project No 4345
Recommendation: It is recommended the City Council: (1) award the Lakeshore
Drive Street Improvements from Viscaya to Kansas Street to EBS, Inc., for the
amount of $582,916.50; (2) approve a 10% contingency in the amount of
$58,300.00; (3) authorize the City Manager to execute the contract with KDM
Meridian Survey in the amount of $19,710.00; (4) authorize the City Manager to
execute the contract with City & County Soil Engineering and Testing Corp in the
amount of $10,125.00; and (5) Authorize the transfer of $166,200.00 from Fund
110 —Prop 41 (Diamond Drive Rehabilitation) to Fund 112 to cover the higher
than expected construction cost.
(7) Consideration of Construction Contract Award -- Historic Downtown Riverwalk
Project No. 4329
Recommendation: It is recommended the City Council award the Historic
Downtown Riverwalk from Pottery Street to Riverside Drive to Vance
Corporation, Inc., for the amount of $455,055.76; (2) approve a 10% contingency
in the amount of $45,500.00; and (3) authorize the City Manager to execute the
contract with LOR Geotechnical group, Inc. in the amount of $10,125.00.
(8) Consideration of Replacement of Clarifier System at City Corporate Yard
Recommendation: It is recommended the City Council (1) authorize staff to
purchase the Hydro Tek Hydro Loop system from CM Wash Equipment; and (2)
authorize a not to exceed amount of $66,901.30 from the City's NPDES funds for
the purchase and installation of the Hydro Tek Hydro Loop system.
(9) Consideration of Contract Agreement Review for Hartzog and Crabill Inc
Regarding Traffic Operations Services for City Traffic Signals
Recommendation: It is recommended the City Council approve the use of
Hartzog and Crabill, Inc. for the second year of a three year contract per the
agreement dated February 24, 2009, to provide traffic operations services of City
traffic signals.
Regular City Council Meeting
August 24, 2010
Page 4 of 11
(10) Consideration of Purchase Order for Contract Plan Check Services for Fiscal
year 2010 -2011
Recommendation: Authorize the City Manager to approve a Purchase Order in
the amount of $82,500 for Scott Fazekas and Associates to provide plan check
services for fiscal year 2010 -2011. _
It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Hickman to
approve Consent Calendar Items No. 2 through 6 and 9 through 10 and to pull Items
No. 7 & 8 for further discussion. The motion unanimously carried by the following vote:
Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tem Bhutta and
Mayor Melendez. Noes: None
ITEMS PULLED FROM THE CONSENT CALENDAR
(7) Consideration of Construction Contract Award -- Historic Downtown Riverwalk
Project No. 4329
Recommendation: It is recommended the City Council award the Historic
Downtown Riverwalk from Pottery Street to Riverside Drive to Vance
Corporation, Inc., for the amount of $455,055.76; (2) approve a 10 % contingency
in the amount of $45,500.00; and (3) authorize the City Manager to execute the
contract with LOR Geotechnical group, Inc. in the amount of $10,125.00.
Council Member Hickman advised the public that he has been waiting for this project to
get rolling for sometime. He stated the contract would be awarded tonight and
construction should commence soon.
Mayor Melendez asked what the total length of the Riverwalk path that was being
constructed. Director of Public Works Seumalo stated the length extends from
Riverside Drive, along the outflow channel to Limited Avenue and extends the Riverwalk
down to the lake. He advised the Mayor that he did not have the exact distance, but he
could get her an answer later.
It was moved by Council Member Hickman and seconded by Mayor Pro Tern Bhutta to
award the Historic Downtown Riverwalk project from Pottery Street to Riverside Drive to
Vance Corporation Inc. in the amount of $455,055.85. The motion unanimously carried
by the following vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor
Pro Tern Bhutta and Mayor Melendez. Noes: None
Regular City Council Meeting Page 5 of 11
August 24, 2010
(8) Consideration of Replacement of Clarifier System at City Corporate Yard
Recommendation: It is recommended the City Council (1) authorize staff to
purchase the Hydro Tek Hydro Loop system from CM Wash Equipment; and (2)
authorize a not to exceed amount of $66,901.30 from the City's NPDES funds for
the purchase and installation of the Hydro Tek Hydro Loop system.
Mayor Pro Tem Bhutta had this item pulled for clarification. She advised the public that
the staff report incorrectly states that the liquids, oil, grease, water, fuel and chemical
are disposed of into the storm drain system and ultimately the lake. She pointed out
that this is not correct. She stated that the system is 30 years old and a replacement is
necessary to continue to prevent this from occurring and the funds are not coming from
the City's General Fund.
It was moved by Mayor Pro Tem Bhutta and seconded by Council Member Hickman to
authorize staff to purchase the Hydro Tek Hydro Loop system from CM Wash in the not
to exceed the amount of $66,901.30 from the City's NPDES funds for the purchase and
installation of the system. The motion unanimously carried by the following vote: Ayes:
Council Members: Buckley, Hickman, and Magee, Mayor Pro Tem Bhutta and Mayor
Melendez. Noes: None
APPEAL(S)
See Public Hearings.
PUBLIC HEARING(S)
(11) Appeal of the Planning Commission's Action Relative to the Denial of Conditional
Use Permit No. 2010 -02 to Establish and Operate a Church within an Existing
Building Located at 169 North Main Street
Recommendation: It is recommended that the City Council either: (1) uphold the
Planning Commission's August 3, 2010 decision resulting in the denial of the
proposed church facility located at 169 North Main Street; or (2) reject the
Planning Commission's August 3, 2010 decision and approve the proposed
church facility.
Mayor Melendez opened the Public Hearing at 7:25 p.m.
Senior Planner Harris provided an overview of the item to the Council.
Pastor Lopez introduced himself to the Council and requested the Council consider
approving the church's Conditional Use Permit.
Regular City Council Meeting Page 6 of 11
August 24, 2010
Written correspondence: Letter from Ibarra's Market in favor of the project dated
August 24, 2010.
Speakers: William Hugron, representing the church spoke in favor of the project; Tyler
Kroff, representing the property owner spoke in favor of the project; Mel Wiggins,
representing the church spoke in favor of the project; Michael O'Neal, Lake Elsinore
spoke neither in favor or against the project; Karina Lopez, Lake Elsinore, spoke in
favor of the project; Letty Estevez, Pasadena, spoke in favor of the project; Jazmine
Campos, Lake Elsinore, spoke in favor of the project; Edgar Martinez, Lake Elsinore,
spoke in favor of the project; Jesse Estevez, Pasadena, spoke in favor of the project.
Mayor Melendez closed the Public Hearing at 7:44 p.m.
Council Member Hickman suggested having an agreement with Venus Printing
regarding parking. He asked Pastor Lopez if the church would have a school / child
care center. Pastor Lopez stated not at the present time.
Council Member Magee stated he was pleased to see so many congregation members
attend the meeting. He asked if the building would be purchased or leased. Pastor
Lopez stated they would lease the building, with an option to purchase the building in
the future. Council Member Magee suggested approving the project and have the
project return to the Planning Commission in six months to allow local property owners
to express their concerns and to see if any modifications would be necessary. He
concurred with Council Member Hickman's suggestion on a parking agreement with
Venus Printing.
Mayor Pro Tern Bhutta asked when the church was established and how many
members of the church were present when the church was established. Pastor Lopez
stated the church began three years ago with seven members and currently there are
seventy members.
Council Member Buckley reminded Pastor Lopez that the Conditional Use Permit (CUP)
only covers the church and it would be necessary for a separate CUP for a school and/
or daycare. He suggested having an on -sight public outreach event.
Mayor Melendez pointed out that the Lake Elsinore Municipal Code, Title 17; Section D
allows one parking space per three people in a pew. Senior Planner Harris stated the
code stated either removable or fixed seats. Mayor Melendez stated that there is zero
parking on sight and asked how the parking requirements would be met. Senior
Planner Harris stated the City's Building Official met with staff and it was concluded that
they could use the existing parking spaces on Main Street and by adding a new space
behind the church. City Attorney Leibold stated the more specific historical guidelines
are similar to an overlay and address additional flexibility for the Historical Downtown
District. Mayor Melendez pointed out that Ibarra's Market is very gracious to offer their
parking lot for use; however, what would happen should Ibarra's change ownership and
the new owners do not allow parking for the church. She expressed that according to
the ADA requirements three handicap parking spaces are required and asked where the
Regular City Council Meeting Page 7 of 11
August 24, 2010
other two spaces would be located. Senior Planner Harris stated there may be room in
the rear to add a space and possibly in the front on Main Street. He stated staff could
work with the Building Official to comply with the code. Mayor Melendez spoke of an
issue with the ingress /egress and asked if there was an agreement. Senior Planner
suggested adding a condition stating the project would need to provide a reciprocal
agreement as needed. Mayor Melendez stated she wouldn't oppose, but it would be
better if this was completed prior to approval.
It-was moved by Council Member Magee, seconded by Council Member Hickman to
approve Conditional Use Permit No. 2010 -02, subject to a six month review of the City
of Lake Elsinore's Planning Commission to allow area businesses and residents to
express their concerns or support for the church and their activities; the Planning
Commission would be able to add conditions as deemed appropriate; and all actions
could be appealed to the City Council; work to affect additional on -site parking to the
greatest extent possible; work with staff and Building Official to secure a written access
agreement with the adjacent property owners to be approved by the City Attorney; and
any expansion of this use would require an amendment to the Conditional Use Permit.
The motion passed by the following vote: Ayes: Council Members: Buckley, Hickman,
and Magee and Mayor Pro Tem Bhutta. Noes: Mayor Melendez
BUSINESS ITEMS)
(12) Second Reading — Adoption of Ordinance No 2010 -1280 Amending and
Restating Chapter 15.64 of the Lake Elsinore Municipal Code Regarding Flood
Damage Prevention (Introduced by title only and reading waived at meeting of
August 10, 2010)
Recommendation: It is recommended the City Council, on second reading,
adopt Ordinance No. 2010 -1280 by title only and waive further reading.
Public comments: None
It was moved by Mayor Pro Tem Bhutta, seconded by Council Member Buckley to
adopt Ordinance No. 2010 -1280 by title only and waive further reading Amending and
Restating Chapter 15.64 of the Lake Elsinore Municipal Code Regarding Flood Damage
Prevention. The City Clerk read the title of Ordinance No. 2010 -1280 into the record.
The motion unanimously carried by the following roll call vote: Ayes: Council Members:
Buckley, Hickman, and Magee, Mayor Pro Tem Bhutta and Mayor Melendez. Noes:
None
Regular City Council Meeting
August 24, 2010
Page 8 of 11
(13) Second Reading —Adoption of Ordinance No. 2010 -1285 Rescinding Ordinance
No. 1264 that Approved Zone Change No. 2008 -02 Changing the Zoning
designation of Assessor Parcel Number 389 - 030 -014, 015, 016, 017, and 018
from R -1 Single family Residential to C -1 Neighborhood Commercial District
Under the Zoning Ordinance (introduced by title only and reading waived at
meeting of August 10, 2010).
Recommendation: It is recommended the City Council, on second reading,
adopt Ordinance No. 2010 -1285 by title only and waive further reading.
It was moved by Mayor Pro Tem Bhutta, seconded by Council Member Buckley to
adopt Ordinance No. 2010 -1285 by title only and waive further reading, Rescinding
Ordinance No. 1264 that approved Zone Change No. 2008 -02 changing the zoning
designation of Assessor Parcel numbers 389 - 030 -014, 015, 016, 017, and 018 from R -1
Single Family residential to C -1 Neighborhood Commercial District under the Zoning
Ordinance. The City Clerk noted for the record that the title of the Ordinance was read
into the records. The motion unanimously carried by the following roll call vote: Ayes:
Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor
Melendez. Noes: None
(14) Consideration of a Resolution Supporting Proposition 22
Recommendation: It is recommended that the City Council adopt Resolution
No. 2010 -058 Supporting Proposition 22.
Public Comments: Doug McAllister, a representative of the League of California Cities
spoke in favor of Proposition 22.
Council Member Buckley provided details of Proposition 22 and advised that it would be
on the ballot for the next General Municipal Election.
It was moved by Council Member Buckley and seconded by Council Member Magee to
adopt Resolution No. 2010 -058, a resolution of the City Council in support of
Proposition 22, The Local Taxpayer, Public Safety and Transportation Protection Act of
2010. The motion unanimously carried by the following vote: Ayes: Council Members:
Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes:
None
(15) Consideration of a Resolution Supporting Proposition 23
Recommendation: It is recommended the City Council adopt Resolution No.
2010 -059 Supporting Proposition 23.
Public Comments: none
Regular City Council Meeting Page 9 of 11
August 24, 2010
City Manager Brady provided an overview on Proposition 23 which would be on the
ballot for upcoming General Municipal Election in November.
Council Member Buckley noted that AB 32 was a very controversial law. He stated the
City would also be requesting that the Western Riverside Council of Governments and
the Southern California Association of Governments should also consider the same
proposition discussions.
It was moved by Council Member Buckley and seconded by Mayor Pro Tern Bhutta to
adopt Resolution No. 2010 -059, a resolution of the City Council in support of
Proposition 23. The motion unanimously carried by the following vote: Ayes: Council
Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor
Melendez. Noes: None
The City Council recessed and convened to the Redevelopment Agency at 8:15 p.m.
The City Council reconvened at 8:17 p.m.
PUBLIC COMMENTS — NON AGENIZED ITEMS — 3 MINUTES
Sharon Gallina, resident of Lake Elsinore addressed the Council of her concerns with
mining in Sector H, which is located in Rice Canyon, the air quality and the active
mining operation conducted by Castle & Cooke Development Corporation.
CITY MANAGER COMMENTS
City Manager Brady commented on the following:
• He advised the public and City Council that Jerry Hendershot, Fire Chief for the City
has been promoted and will no longer be attending the City Council meetings. He
thanked Chief Hendershot for his outstanding service to the community.
• Thursday, August 26th is the Business Networking Mixer hosted by USA Federal
Credit Union from 5:30 p.m. to 7:30 p.m held at the USA Federal Credit Union on
Central Avenue. Cost is $5 for members; $10 for non - members
• Thursday, August 26th is the ribbon cutting ceremony at 11:00 a.m. at the D.R.
Horton's Community in Rosetta Canyon.
• Friday, August 27th is the Movie Night held at the Quest church from 6:30 p.m. to
8:30 p.m. The cost is $1 per person and the church is located at 18421 Collier
Avenue.
• Saturday, August 28th is the "Concerts in the Park" 2010 held at the McVicker
Canyon Park from 7:30 p.m. to 9:30 p.m. Cost is free.
• Saturday, August 28th is the Wines for Canines held at the Wilson Creek winery from
11:00 a.m. to 3:00 p.m. Cost is $50 per person; $350 for a table for 8.
• Saturday, September 4th, is the Concerts in the Park 2010 located at McVicker
Canyon Park from 7:30 p.m. to 9:30 p.m. Cost is free.
Regular City Council Meeting Page 10 of 11
August 24, 2010
• Wednesday, September 8th is the Java Jive held at the Flour Fusion Bakery located
on Main Street from 8:00 a.m. to 9:30 a.m.
• Friday, September 10th is the Battle of the Bikes held at the Skate Park located at
McVicker Canyon Skate Park from 4:00 p.m. to 7:00 p.m. Cost is free.
• Friday, September 10th is the TIP Heroes with a Heart to be held at the Diamond
Club at 6:00 p.m. Cost is $75.
• Saturday, September 11th is the 2010 Day of Caring from 8:00 a.m. to 12:00 p.m. to
be held at the Diamond Stadium. Cost is free- _
• Saturday, September 11th is the Dedication Ceremony for the Chimes by the
National Society Colonial Dames XVII Century to be held at The Chimes located on
Graham Avenue. Cost is free.
• Saturday, September 11th is the household Hazardous Waste Collection Event to be
held at the Public Works Yard on Langstaff from 9:00 to 2:00 p.m. Cost is free
• Tuesday, September 14th is the Student of the Month Awards program from 12:00
p.m. to 2:00 p.m. held at the Sizzler Restaurant on Casino Drive.
CITY ATTORNEY COMMENTS
She had no comments.
CITY COUNCIL COMMENTS
Council Member Magee commented on the following:
• He suggested Council consider adopting a policy for city staff members that when
temperatures exceed 110 degrees, ties are not necessary.
• He thanked Fire Chief Hendershot for all of his excellent service to the City._
• He wished his mother a Happy Birthday.
Council Member Hickman commented on the following:
• He congratulated Chief Hendershot on his move to the City of Temecula.
• He thanked RTA for their presentation and the bus service that they would be
providing to the City.
• He reminded the public of the cooling center at the Senior Center.
Council Member Buckley commented on the following:
• He wished a Happy Birthday to the City of Canyon Lake
• He thanked Chief Hendershot for his service to the City.
• He stated that he hoped that Ministerio Mundial Emmanuel Church would keep up
their work and continue to work with the Main Street community.
Regular City Council Meeting Page 11 of 11
August 24, 2010
Mayor Pro Tern Bhutta commented on the following:
• She wished Fire Chief Hendershot the best of luck working for the City of Temecula
and that he would be missed.
• She wished everyone a great Labor Day weekend.
Mayor Melendez commented on the following:
• She stated that Fire Chief Hendershot would be greatly missed and thanked him for
his service to the City. Chief Hendershot stated it has been an honor serving the
City of Lake Elsinore and thanked the City Council, City staff and the community for
the support towards the City's Fire Department.
ADJOURNMENT
The Lake Elsinore City Council adjourned the meeting at 8:28 p.m. to a regular meeting
to be held on Tuesday, September 14, 2010, at 7:00 p.m. to be held in the Cultural
Center located at 183 N. Main Street, Lake Elsinore, CA 92530.
MELISSA MELENDEZ, MAYOR
CITY OF LAKE ELSINORE
/A1
UAKUL COWLEY-, -, INTERIM ITY CLERK
CITY OF LAKE ELSINORE