HomeMy WebLinkAbout10-11-2011 City Council MinutesMINUTES
CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, OCTOBER 11, 2011
CALL TO ORDER
Mayor Tisdale called the City Council Meeting to order at 7:00 p.m.
ROLL CALL
PRESENT: Mayor Tisdale
Mayor Pro Tern Magee
Council Member Hickman
Council Member Melendez
Council Member Weber
ABSENT: None
Also present: City Manager Brady, City Attorney Leibold, Director of Administrative
Services Riley, Public Works Director/City Engineer Seumalo, Building & Safety Official
Chipman, Planning Consultant Coury, Police Chief Fontneau, Fire Chief Lawson, and
City Clerk Bloom.
PLEDGE OF ALLEGIANCE
Pete Dawson led the pledge of allegiance.
CITY COUNCIL CLOSED SESSION
None.
PRESENTATIONS/CEREMONIALS
None.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Bob Mainwaring spoke on behalf of the Lake Elsinore Citizens Corp regarding the 2nd
Annual Shake-Out Expo to be held on Saturday, October 15th from noon to 5:00 p.m. at
the Lakepoint Park.
Special City Council Minutes
Meeting of October 11, 2011
Page 2 of 10
PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES
None.
CONSENT CALENDAR
(1) Approval of Minutes
Recommendation: It is recommended the City Council approve the Minutes of:
(a) Joint Study Session Meeting of September 27, 2011
(b) Regular City Council Meeting of September 27, 2011
(2) Warrant List dated September 29, 2011
Recommendation: Authorize payment of Warrant List dated September 29, 2011
(3) Construction Contract Award Lake Community Center Renovation Project No. 4287
Recommendation: It is recommended that the City Council
(a) Award the project to R & R Design and Construction Corporation for the
amount of $136,800.00 with a 10% contingency.
(b) Authorize the City Manager to execute the contract with R & R Design and
Construction Corporation.
(4) Award Uniform Rental Service Agreement
Recommendation: It is recommended that the City Council Award the Contract
for Uniform Rental Services to UniFirst Corporation, and authorize the Mayor to
sign the Agreement.
(5) Agreement for Professional Services DMC Design Group - Slope and Drainage
Repairs - Various Areas Proiect Number 4366
Recommendation: It is recommended that the City Council:
(a) Award the Slope and Drainage Repairs at Various Locations to DMC
Design Group, in the amount of $48,108;
(b) Authorize the City Manager to execute the contract with DMC Design
Group.
Special City Council Minutes
Meeting of October 11, 2011
Page 3 of 10
(6) Purchase Order Adjustment for Contract Mine Compliance Firm - EnviroMine
Recommendation: It is recommended the City Council:
(a) Approve the purchase order in the amount of $40,000;
(b) Authorize staff to process the purchase order.
Council Member Melendez requested Consent Item No. 2 pulled for discussion.
Mayor Tisdale requested Consent Item No. 6 pulled for discussion.
It was moved by Council Member Melendez and seconded by Mayor Pro Tern Magee to
approve Consent Calendar Items 1 and 3 through 5; motion passed unanimously with
Council Member Hickman abstaining from Item No. 1.
CONSENT CALENDAR ITEM (S) PULLED FOR DISCUSSION
(2) Warrant List dated September 29, 2011
Council Member Melendez and Council Member Hickman questioned various items on
the warrant list and staff provided responses thereto.
It was moved by Council Member Melendez and seconded by Mayor Pro Tern Magee to
approve Consent Item No. 2; motion passed unanimously.
(6) Purchase Order Adjustment for Contract Mine Compliance Firm - EnviroMine
Recommendation: It is recommended the City Council:
(c) Approve the purchase order in the amount of $40,000;
(d) Authorize staff to process the purchase order.
Mayor Tisdale asked for an explanation of the work. Public Works Director Seumalo
stated that he met with the State Mining Board to demonstrate that the City's Mining
Program was fit for the City to maintain Lead Agency status. He stated that EnviroMine
increased their mining inspections and investigated several items that the Mining Board
and the Office of Mining and Reclamation requested. Mayor Tisdale asked when is the
City scheduled to have its six month checkup from the State Mining Board? Director
Seumalo stated that the evaluation will be held on November 10th, 2011. Mayor Tisdale
asked if the City has met all the requirements? Director Seumalo stated that the City
continues to prove that they have demonstrated the abilities to be the lead agency.
It was moved by Mayor Tisdale and seconded by Council Member Melendez to approve
staff's recommendation; motion passed unanimously.
Special City Council Minutes
Meeting of October 11, 2011
Page 4 of 10
PUBLIC HEARING(S)
No Public Hearings scheduled for this meeting.
APPEAL(S)
(7) Appeal of Structure Abatement Action on 522 North Riley Street
Recommendation: It is recommended that the City Council hear the testimony of
the interested parties and determine whether to grant the appeal, deny the
appeal, or direct City staff to take additional action to seek to resolve the
substandard conditions. City staff recommends denial of the Appeal.
Mayor Tisdale opened the Appeal Hearing at 7:12 p.m.
Building & Safety Official Chipman provided an overview of the Appeal
Stan Southwick, attorney representing applicant, requested a continuance of 120 days
which would allow the applicant additional time to rehab the building.
Paul Joelson stated that he inspected the premises and has concluded that there are
violations of the California Building Code and some illegal structures on the property.
He stated he is prepared to assess the structure, and provide an itemized statement on
all improvements in order to bring the structure into compliance with the building codes.
Mayor Tisdale closed the Appeal Hearing at 7:21 p.m.
Mayor Pro Tern Magee stated that it is the City's responsibility to make sure that all
structures are safe and meet the requirements for public safety.
It was moved by Mayor Pro Tern Magee, seconded by Council Member Hickman to
continue the matter for 120 days, whereas the applicant must bring the structure in
compliance with the Building Code Standards, secure a Certificate of Occupancy,
secure a Business License and work with City staff to develop an itemized list of
corrections and an agreeable timetable for compliance.
Council Member Melendez made a substitute motion to deny the Appeal.
Building Official Chipman stated that he is not opposed to granting a continuance. He
stated he is concerned that staff does not have a realistic list of what needs to be
repaired.
Council Member Melendez asked Building Official Chipman how long has the property
been in poor condition, absent the fire damage. Building Official Chipman stated that he
was unaware of the condition of the structure prior to the fire. Council Member
Melendez asked what type of business is conducted inside the structure. Building
Special City Council Minutes
Meeting of October 11, 2011
Page 5 of 10
Official Chipman stated that the applicant is a seamstress and there were several
sewing machines set up in the building. Council Member Melendez asked the Fire Chief
Lawson if they have had the opportunity to assess the damage. Fire Chief Lawson
stated the property is not habitable in the current condition. Council Member Melendez
asked the applicant if she currently lives at the property and has made any repairs. Ms.
Reyes stated that she doesn't live on the premises; however owns and operates a small
business inside the structure. She stated the front of the building is repaired but not the
rear of the building. Council Member Melendez stated that she takes issue with the
safety conditions and appearances of the building.
Council Member Weber noted that the building is 8,000 square feet and asked the
applicant if she is the only person working in the building. Ms. Reyes answered that the
building is a warehouse.
Mayor Tisdale asked Ms. Reyes if she obtained a business license when the business
first opened in 1999. Ms. Reyes stated yes, however let the business license expired in
2003 due to lack of business.
A substitute motion was made by Council Member Melendez and seconded by Mayor
Tisdale to deny the appeal. Motion failed due to 2-3 vote with Council Member
Hickman, Mayor Pro Tern Magee and Council Member Weber voting No.
It was moved by Mayor Pro Tern Magee, seconded by Council Member Hickman to
continue the matter for 120 days, whereas the applicant must bring the structure in
compliance with the current Building Code Standards, secure a Certificate of
Occupancy, secure a Business License and work with City Staff on an itemized list of
corrections and an agreeable timetable. Motion passed 3-2 with Council Member
Melendez and Mayor Tisdale voting No.
Council Member Hickman suggested that the Neighborhood Enhancement Team (NET)
program to be reinstated which would help clean up the community.
BUSINESS ITEM(S)
(8) Amendment to CalPERS Contract for Different Level of Benefits
Recommendation: It is recommended that the City Council:
(a) Adopt Resolution No. 2011-059 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS
INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN
THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE
(b) Approve the Board of Administration of the California Public Employees'
Retirement System (CALIPERS) documents:
Special City Council Minutes
Meeting of October 11, 2011
Page 6 of 10
• Certificate of Governing Body's Action.
• Certificate of Compliance with Government Code Section 7505.
• Approve the Certification of Compliance with Government Code
Section 20475.
Administrative Services Director Riley presented the staff report
It was moved by Council Member Hickman and seconded by Mayor Pro Tern Magee to
adopt Resolution No. 2011-059 declaring its intention to approve an amendment to
contract between the Board of Administration California Public Employees' Retirement
System and the City Council of the City of Lake Elsinore; motion passed unanimously.
It was moved by Council Member Hickman and seconded by Mayor Pro Tern Magee to
approve the Board of Administration of the California Public Employees' Retirement
System (CALPERS) documents: Certificate of Governing Body's Action; Certificate of
Compliance with Government Code Section 7505 and Approve the Certification of
Compliance with Government Code Section 20475; motion passed unanimously.
(9) Approval and Establishment of Retirement Health Savings Plan
Recommendation: It is recommended that the City Council:
(a) Adopt Resolution No. 2011-060 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS
AFFIRMATION STATEMENT OF ADOPTION OF THE VANTAGECARE
RETIREMENT HEALTH SAVINGS (RHS) PLAN
(b) Approve the Administrative Services Agreement with ICMA-RC.
(c) Approve the Employer VantageCare Retirement Health Savings (RHS) Plan
Adoption Agreement.
Director Riley provided an overview to Council.
It was moved by Council Member Hickman and seconded by Mayor Pro Tern Magee to
adopt Resolution No. 2011-060 declaring its affirmation statement of adoption of
VantageCare Retirement Health Savings (RHS) Plan; motion passed unanimously.
It was moved by Council Member Hickman and seconded by Mayor Pro Tem Magee to
approve the Administrative Services Agreement with ICMA-RC; motion passed
unanimously.
It was moved by Council Member Hickman and seconded by Mayor Pro Tern Magee to
approve the Employer VantageCare Retirement Health Savings (RHS) Plan Adoption
Agreement; motion passed unanimously.
Special City Council Minutes
Meeting of October 11, 2011
Page 7 of 10
(10) Residential Design Review No. 2011-05 A Request by Richmond American
Homes for Approval of Building Designs for 89 Residential Units, Including a
Model Home Complex and Related Improvements, for a Single Family Detached
Housing Project Located in Rosetta Canyon
Recommendation: It is recommended to the City Council Adopt Resolution No.
2011-058 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO.
2011-05 BY RICHMOND AMERICAN HOMES AT ROSETTA CANYON,
TRACTS 25476, -77, -78, -79 AND 32503
Planning Consultant Coury provided an overview of the project to Council.
Sondra Harris of Richmond American Homes presented the project to the Council
Mayor Pro Tern Magee requested clarification on Condition No. 28. Planning Consultant
Coury stated that the Planning Commission recently reviewed two residential projects
and felt that construction on Saturdays would assist with completion of the project as
long as the construction was limited.
Council Member Melendez indicated that she was pleased with the product and
appreciates that the developer held public outreach meetings. Ms. Harris stated that
the construction would be limited and not allow large truck deliveries or construction
before 8:00 a.m.
Mayor Tisdale noted the increase of square footage of the homes. Ms. Harris stated
initial projects were smaller yet were based on the buyers demand. She stated
Richmond American Homes developed plans that were based on the recent feedback of
the homeowners resulting in larger houses.
It was moved by Council Member Melendez and seconded by Mayor Pro Tem Magee to
adopt Resolution No. 2011-058 approving Residential Design Review No. 2011-05;
motion passed unanimously.
(11) Consideration of Need for Agenda Review Study Sessions Prior to Regular City
Council Meetings: and Consideration of Cancellation of Second Council Meetings
in November and December, 2011
Recommendation: It is recommended that the City Council
(a) Discuss the necessity of continuing to hold standing Study Sessions for
agenda review purposes; and
(b) Discuss the possible cancellation of the regular City Council meetings of
November 22, and December 27, 2011.
City Manager Brady provided an overview to the Council.
Special City Council Minutes
Meeting of October 11, 2011
Page 8 of 10
Mayor Tisdale announced that he had received an email from City Treasurer Allen
Baldwin and asked the City Clerk to read it into the record. City Clerk Bloom read the
email of Treasurer Baldwin who spoke in support of cancelling the Study Sessions.
Council Member Melendez stated the last Study Session was nine minutes long. She
stated at one time the Study Session served a purpose, however it doesn't seem to
serve that purpose anymore.
Mayor Pro Tern Magee agreed that the Study Sessions used to be productive; however
suggested to leave it at the discretion of the Mayor and City Manager if necessary to
have a Study Session.
It was moved by Council Member Melendez and seconded by Mayor Pro Tern Magee to
discontinue the 4:00 p.m. Study Sessions; the motion passed unanimously.
It was moved by Council Member Melendez and seconded by Council Member Weber
to cancel the Regular City Council Meetings of November 22, and December 27, 2011;
the motion passed unanimously.
The City Council recessed and convened to the Redevelopment Agency at 8:01 p.m.
The City Council reconvened at 8:02 p.m.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
There were none.
CITY MANAGER COMMENTS
Coffee Talk with Councilwoman Melendez
Wednesday, October 12 from 9:00 a.m. - 10:30 a.m.
Flour Fusion Bakery
Good Morning Lake Elsinore Valley
Friday, October 14 from 7:30 a.m. - 9:00 a.m
Holiday Inn Express
Farmers Market
Friday, October 14 from 4:00 p.m. - 8:00 p.m
Lake Elsinore Outlets
2011's - Rock & Roll Friday's
Friday, October 14 from 6:30 p.m. - 9:30 p.m.
Links at Summerly
Special City Council Minutes
Meeting of October 11, 2011
Page 9 of 10
Free City Wide Clean-Up
Saturday, October 15 from 6:30 a.m. - 12:30 p.m.
Diamond Stadium
Can Castles for H.O.P.E
Saturday, October 15 from 10:00 a.m. - 3:00 p.m.
Elsinore First Assembly Church
Eighth Annual Career Expo
Monday, October 17 from 8:00 a.m. - 12:30 p.m
Lakeside High School
Student of the Month
Tuesday, October 18 from 12:00 p.m. - 2:00 p.m.
Sizzler Restaurant
Heroes in Education Awards & Dr. Passarella's Report to the Community
Thursday, October 20 from 6:00 p.m. - 8:00 p.m.
The Lancer Roundtable Cafe
Lakeside High School
Grand Opening of the Elsinore Woman's Club Rose Garden
Saturday, October 22 at 9:00 a.m.
Elsinore Woman's Club
CITY ATTORNEY COMMENTS
There were none.
COMMITTEE REPORTS
There were none.
CITY COUNCIL COMMENTS
Council Member Hickman commented on the following:
• He spoke of the upcoming clean up and asked if city residents could use their
Driver's License for proof of residency.
Council Member Weber commented on the following:
• He spoke of the upcoming city wide clean up and how the event is well organized.
Special City Council Minutes
Meeting of October 11, 2011
Page 10 of 10
Mayor Pro Tem Magee commented on the following:
• He spoke of the upcoming event sponsored by HOPE known as Cans for Castles
and stated it is an excellent way to help a very worthy cause.
Mayor Tisdale commented on the following:
He spoke of the annual event held by the Salvation Army known as the "Battle of the
Bells". Mayor Tisdale will be challenging the surrounding cities to see who can raise
the most money; event scheduled for December 10tH
He thanked staff for their assistance.
ADJOURNMENT
The Lake Elsinore City Council adjourned the meeting at 8:07 p.m. to a regular meeting
to be held on Tuesday, October 25, 2011, in the Cultural Center located at 183 N. Main
Street, Lake Elsinore, CA.
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Brian Tisdale, Mayor
City of Lake Elsinore
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