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HomeMy WebLinkAbout01-08-2013 CC Minutes SA/RDAMINUTES CITY COUNCIL and SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE REGULAR MEETING CITY OF LAKE ELSINORE EVMWD BOARDROOM 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 8, 2013 ................................................................................. ............................... CALL TO ORDER 5:00 P.M. - CANCELLED CALL TO ORDER - 7:00 P.M. Mayor Magee called the meeting to order at 7:04 p.m. PLEDGE OF ALLEGIANCE — MOMENT OF SILENCE Chamber of Commerce Chairwoman Donna Niehouse led in the pledge of allegiance. ROLL CALL PRESENT: Mayor Magee Mayor Pro Tern Johnson Council Member Hickman Council Member Manos Council Member Tisdale ABSENT: None Also present: City Manager Yates, City Attorney Leibold, City Clerk Bloom, Director of Administrative Services Riley, Public Works Director Seumalo, Lake, Parks and Recreation Director Kilroy, Acting Planning Manager MacHott, Police Chief Kennedy - Smith, and Fire Chief Williams. PRESENTATIONS / CEREMONIALS City Clerk Bloom introduced Deputy City Clerk Diana Gutierrez. • Introduction of new Fire Marshall Doug Bloom • Presentation by So Cal Edison to the Trauma Intervention Program (TIP) • Certificate of Appreciation to Anser USA Division Chief Williams introduced new incoming Fire Marshall Doug Bloom indicating that Fire Marshall Bloom had over in 15 years of experience in the fire prevention bureau with the Riverside County Fire Department. Regular City Council Minutes Meeting January 8, 2013 Page 2 of 12 Mayor Magee introduced Viet Tran with Southern California Edison to make a presentation. Mr. Tran presented a check in the amount of $10,000.00 to Gina Magee, CEO and President of Trauma Intervention Program (TIP). Mayor Magee presented Jerry and Lori Delisle of Anser USA with a Certificate of Recognition for providing outstanding support to the City of Lake Elsinore and its Staff during an emergency operation. PUBLIC COMMENTS Chris Hyland announced that she attended the swearing -in ceremony for First District Supervisor Kevin Jeffries. CONSENT CALENDAR Mayor Magee requested Consent Item No. 5 to be pulled from the Consent Calendar. (1) Warrant List dated December 13 & 31, 2012 Recommendation: Receive and file Warrant lists dated December 13 & 31, 2012. (2) Investment Report for November 2012 Recommendation: Receive and file report. (3) A Resolution of the City Council of the City of Lake Elsinore in Support of the City of Ontario to Gain Local Control of Ontario International Airport Recommendation: It is recommended that the City Council consider adoption of Resolution No. 2013 -001 supporting the City of Ontario's efforts to gain local control of Ontario International Airport (ONT). (4) Close Out Final Change Order Boat Launch Facility Improvements Protect No. 4237 Recommendation: It is recommended that the City Council: (A) Approve Contract Change Order No. 2 to Reyes Construction, increasing the contract by $49,891; and (B) Authorize the use of available unallocated revenue funds in the amount of $24,891.00. (5) Construction Contract Award for Bicycle and Pedestrian Safety Improvements at Intersection of Lincoln Street and Terra Cotta Road Recommendation: It is recommended that the City Council: (A) Award the Bicycle and Pedestrian Safety Improvements at Lincoln Street and Terra Cotta Road to DDL Traffic, Inc., in the amount of $15,882.75; (B) Authorize the City Manager to Regular City Council Minutes Meeting January 8, 2013 Page 3 of 12 execute the contract with DDL Traffic, Inc.; and (C) Authorize the use of available Funds in Measure A, Fund 112 in the amount of $15,882.75. (6) Agreement for Leighton Consulting Inc. Inspection Services Seismic Retrofit Cultural Center/ City Hall Project No. 4327 Recommendation: It is recommended that the City Council: (A) Award the Deputy Inspection Services to Leighton Consulting, Inc., in the not to exceed amount of $76,347; and (B) Authorize the City Manager to execute the contract with Leighton Consulting, Inc. (7) Change Order for Landscape Plan Check and Inspection Services for Fiscal Year 2012 -2013 Recommendation: It is recommended that the City Council authorize a Change Order in an amount not to exceed $50,000 for Landscape Plan Check and Inspection Services provided by Sustainable Civil Engineering Solutions, Inc. for Fiscal Year (FY) 2012-2013. Motion by Council Member Tisdale, seconded by Mayor Pro Tern Johnson to approve the Consent Calendar, less Agenda Item No. 5; passed by unanimous vote. CONSENT ITEM PULLED (5) Construction Contract Award for Bicycle and Pedestrian Safety Improvements at Intersection of Lincoln Street and Terra Cotta Road Recommendation: It is recommended that the City Council: (A) Award the Bicycle and Pedestrian Safety Improvements at Lincoln Street and Terra Cotta Road to DDL Traffic, Inc., in the amount of $15,882.75; (B) Authorize the City Manager to execute the contract with DDL Traffic, Inc.; and (C) Authorize the use of available Funds in Measure A, Fund 112 in the amount of $15,882.75. Public Works Director Seumalo provided an overview to the Council. Council Member Tisdale congratulated staff for moving forward with this project. He noted that this was a solution that could be implemented in other parts of the City where there are the same safety concerns. Council Member Hickman asked if this type of solution could also be used at schools. Director Seumalo responded in the affirmative indicating that this option was less intrusive and was cost effective. Council Member Manos indicated that he liked this solution because it was cost effective. Regular City Council Minutes Meeting January 8, 2013 Page 4 of 12 Motion by Council Member Tisdale, seconded by Council Member Hickman to award the Bicycle and Pedestrian Safety Improvements at Lincoln Street and Terra Cotta Road to DDL Traffic, Inc., in the amount of $15,882.75; authorize the City Manager to execute the contract with DDL Traffic, Inc.; and authorize the use of available Funds in Measure A, Fund 112 in the amount of $15,882; passed by unanimous vote. PUBLIC HEARING(S) (8) Resolution of the Citv Council of the City of Lake Elsinore to Vacate a Portion of the Right -Of -Way Known as Nichols Road Recommendation: It is recommended that the City Council: (A) Adopt Resolution No. 2013 -002 Approving the Summary Vacation of a Portion of Nichols Road; (B) Direct the City Clerk to record said Resolution with the County of Riverside Recorder's office; and (C) Approve the Quitclaim Deed and direct the City Clerk to record the document with the County of Riverside Recorder's office. Mayor Magee opened the Public Hearing at 7:22 p.m. Director Seumalo provided an overview to Council. There being no public comments, Mayor Magee closed the Public Hearing at 7:25 p.m. Council Member Hickman inquired if Nichols Road traveled to El Toro Road. Director Seumalo indicated that Nichols Road connected to El Toro Road but the City limits were before El Toro Road. Motion by Council Member Tisdale, seconded by Council Member Hickman to adopt Resolution No. 2013 -002 Approving the Summary Vacation of a Portion of Nichols Road; direct the City Clerk to record said Resolution with the County of Riverside Recorder's office; and approve the Quitclaim Deed and direct the City Clerk to record the document with the County of Riverside Recorder's office; passed by unanimous vote. (9) Commercial Design Review No. 2012 -08 - A Request to Add a 3,531 Square Foot Warehouse Facade Enhancements and Related Improvements for the Existing Cardenas Market Located at 31952 Mission Trail Recommendation: It is recommended that the City Council Adopt Resolution No. 2013 -003 A Resolution of the City Council of the City of Lake Elsinore Approving Commercial Design Review No. 2012 -08, based on the Findings and Exhibits, and subject to the Conditions of Approval. Acting Planning Manager MacHott provided an overview to Council. Mayor Magee opened the Public Hearing at 7:27 p.m. There being no public comments Mayor Magee closed the Public Hearing at 7:28 p.m. Regular City Council Minutes Meeting January 8, 2013 Page 5 of 12 Mayor Pro Tem Johnson indicated that she was pleased with the enhancements being made to an existing building and asked if there was a timeline? Acting Planning Manager MacHott responded that there was not a timeline, however, Cardenas Market was ready to move forward quickly with the improvement. Council Member Tisdale noted that Cardenas Market just came into the City and was already expanding their business. Motion by Council Member Manos, seconded by Council Member Tisdale to adopt Resolution No. 2013 -003 a Resolution of the City Council of the City of Lake Elsinore Approving Commercial Design Review No. 2012 -08, based on the Findings and Exhibits, and subject to the Conditions of Approval; passed on a unanimous vote. (10) Residential Design Review No. 2012 -03 - A Request by McMillin Homes for Approval of Building Designs for 74 Single Family Detached Residential Units Including a Model Home Complex and Related Improvements, for a Housing Project Located Within the Summerly Development of the East Lake Specific Plan Recommendation: It is recommended that the City Council: (A) Adopt Resolution No. 2013 -004 A Resolution of the City Council of the City of Lake Elsinore Adopting Findings that the Project is Consistent with the Multiple Species Habitat Conservation Plan (MSHCP); and (B) Adopt Resolution No. 2013 -005 A Resolution of the City Council of the City of Lake Elsinore Approving Residential Design Review No. 2012 -03, based on the Findings and Exhibits, and subject to the attached Conditions of Approval. Mayor Magee opened the public hearing at 7:30 p.m. Acting Planning Manager MacHott provided an overview to Council. There being no public comments, Mayor Magee closed the Public Hearing at 7:31 p.m. Council Member Hickman inquired regarding the roof structure on the one -story homes and the price points for the homes. Project Manager Dave Warren for the Summerly Development responded that the roof lines would give an appealing street scene as people drove or walked by. Mr. Warren gave on overview to Council regarding the types of development they are providing for the City and price ranges of the various homes. Mayor Pro Tern Johnson thanked McMillin Development indicating that this was a great opportunity for the City. She also noted that larger scale lots meant larger revenues for the City which will help raise the median house prices. Mr. Warren explained that solar panels were standard in the homes and zero plant - scaping would be included in the front yard packages that they offer. Mayor Magee expressed that he was pleased by McMillin Homes' continued investment. He expressed his concerns of ensuring that the buyers knew that the Council and Regular City Council Minutes Meeting January 8, 2013 Page 6 of 12 Chamber of Commerce encouraged active recreational usage adjacent to this housing development. Mr. Warren stated that a copy of the disclosure would be provided to all. Motion by Council Member Manos, seconded by Council Member Hickman to adopt Resolution No. 2013 -004 A Resolution of the City Council of the City of Lake Elsinore Adopting Findings that the Project is Consistent with the Multiple Species Habitat Conservation Plan (MSHCP); the motion passed on a unanimous vote. Motion by Council Member Tisdale, seconded by Council Member Manos to adopt Resolution No. 2013 -005 A Resolution of the City Council of the City of Lake Elsinore Approving Residential Design Review No. 2013 -03, based on the Finding of Exhibits, and subject to the attached Conditions of Approval; passed on a unanimous vote. HU •f�*I BUSINESS ITEM(S) (11) Second Reading and Adoption of Ordinance No. 2012 -1309 Recommendation: It is recommended that the City Council waive further reading and adopt by title only Ordinance No. 2012 -1309 by roll -call vote: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MODIFYING THE CITY OF LAKE ELSINORE MUNICIPAL CODE, TITLE 17 — ZONING, TO ADD "EMERGENCY SHELTER," 'TRANSITIONAL HOUSING," AND "SUPPORTIVE HOUSING' TO CHAPTER 17.08 — DEFINITIONS; TO ADD EMERGENCY SHELTER AS A PERMITTED USE WITHIN THE COMMERCIAL MANUFACTURING (C -M) AND GENERAL MANUFACTURING (M -2) ZONES; AND TO ADD TRANSITIONAL AND SUPPORTIVE HOUSING AS A PERMITTED USE WITHIN THE HIGH DENSITY RESIDENTIAL (R -3), RESIDENTIAL MIXED -USE (RMU) AND COMMERCIAL MIXED -USE (CMU) ZONES; AS REQUIRED BY THE STATE OF CALIFORNIA SENATE BILL 2 Motion by Council Member Hickman, seconded by Council Member Tisdale to waive further reading and adopt by title only Ordinance No. 2012 -1309. City Clerk Bloom read Ordinance No. 2012 -1309 by title. The motion passed on a unanimous roll -call vote. (12) Holland Road Cooperative Agreement Between the Cities of Menifee and Lake Elsinore Recommendation: It is recommended that the City Council approve a cooperative agreement with the City of Menifee and authorize the Mayor to execute an Regular City Council Minutes Meeting January 8, 2013 Page 7 of 12 agreement with Pardee Homes providing design and alignment indemnity in such form as may be approved by the City Attorney. Director Seumalo presented the report to Council Council Member Manos indicated that Canyon Hills residents complain about the road conditions. He pointed out that the developer was going to pay the City's portion of the cost for this project. Mayor Magee thanked Public Works Director Seumalo, City Attorney Leibold, and City Manager Yates who worked with their counter -parts at the City of Menifee in partnership with Pardee Homes. Mayor Magee recognized that both cities came together to resolve this issue under the leadership of Mayor Mann from the City of Menifee. Motion made by Council Member Tisdale, seconded by Council Member Manos to approve a cooperative agreement with the City of Menifee and authorize the Mayor to execute an agreement with Pardee Homes providing design and alignment indemnity in such form as may be approved by the City Attorney; passed on a unanimous vote. (13) Purchase of 2 Utility Dump Trucks Recommendation: It is recommended that the City Council approve the purchase of two utility dump trucks in the amount of $82,801.96 as described in the report using AQMD and NPDES funding. Public Works Director Seumalo provided an overview to Council. Council Member Hickman stated that he liked that the City would not use its own funds to pay for the vehicles. Mayor Pro Tern Johnson asked if the purchase price included a warranty. Superintendent DeSantiago responded that the trucks came with a three year warranty. Motion made by Council Member Tisdale, seconded by Council Member Manos to approve the purchase of two utility dump trucks in the amount of $82,801.96 as described in the report using AQMD and NPDES funding; passed on a unanimous vote. (14) Third Amendment to the Amended and Restated License Agreement Between Citv and Pyramid Enterprises For La Laguna Resort and Seaport Boat Launch Recommendation: It is recommended that the City Council approve the Third Amendment to the Amended and Restated License Agreement with Pyramid Enterprises and authorize the City Manager to execute the agreement, subject to minor modifications by the City Attorney. Lakes, Parks and Recreation Director Kilroy provided an overview to Council. Regular City Council Minutes Meeting January 8, 2013 Page 8 of 12 Council Member Tisdale expressed his concerns with the maintenance services that were provided at the campground facility by the investor during the past three year period. Lakes, Parks and Recreation Director Kilroy responded that Destination RV Resorts was unsuccessful in securing financing due to the recession; however, it contributed a non- refundable $50,000 deposit because it was unable to fulfill its obligations under the agreement. Council Member Tisdale asked if the campground and boat launch would be managed separately. Director Kilroy explained that La Laguna Resort would include the RV campground with the new boat launch as one entity. Director Kilroy also clarified that the City could terminate the contract with a 60 day written notice to move quickly with any potential investor. Chet Roberts, President of Pyramid Enterprises explained that they were operating under short term permits and could not make any capital improvements. Mr. Roberts indicated that over $1 million was invested in plans and design work for the campground facility, but ran into problems with unanticipated expensive sewer conditions that require a pump -out station and realignment of the road in front of the campground. Council Member Tisdale pointed out the poor general appearance of the campground. Mr. Roberts responded that the interior of the campground had some management problems. Council Member Hickman inquired if a dumping station would be placed on the campground and if an interim contract would be preferable. Director Kilroy pointed out that the facility was 40 years old and had several challenges that included the infrastructure, road conditions, and amenities. He stated the City issued a Request for Qualifications (RFQ) for a long term investor to look for a long term concessionaire and this agreement included a termination clause that would allow the City to provide a 60 day notice to Pyramid Enterprises when an investor was found. Mayor Pro Tern Johnson commented that the City's campground facility was not up to par with amenities it offered including the need for a dumping station at the facility. Director Kilroy stated that he does anticipate a dramatic increase in the use of the facility. Council Member Manos inquired if the three year extension agreement with Pyramid Enterprises addressed the maintenance management issues. Director Kilroy responded that the general maintenance was addressed under the third amendment. Council Member Tisdale indicated he visited the campground facility and was not pleased with the general appearance of the facility and that in order for him to support the agreement, Pyramid Enterprises would have to be held accountable for managing the campground facility. Director Kilroy responded that the owner was very responsive when provided a list of issues. Mayor Magee gave a history of the dilapidated boat launch, the facility cleanup, and search for an investor. He pointed out that Pyramid Enterprises stayed on board for seven years to manage the facility and thanked them for doing so. Mayor Magee gave direction to City Manager Yates to place the water and sewer requirements on the agenda for the Regular City Council Minutes Meeting January 8, 2013 Page 9 of 12 upcoming joint meeting of the Water District and City. He stated that he was in support of the interim agreement while the City searched for an investor. Motion made by Council Member Manos, seconded by Mayor Pro Tern Johnson to approve the Third Amendment to the Amended and Restated License Agreement with Pyramid Enterprises and authorize the City Manager to execute the agreement, subject to minor modifications by the City Attorney; passed on a unanimous vote. (15) License Agreement Between City and All -Day- Jet -Ski For PWC Rental Business Recommendation: It is recommended that the City Council approve the License Agreement with All Day Jet Ski and authorize the City Manager to execute the agreement, subject to minor modifications by the City Attorney. Lakes, Parks and Recreation Director Kilroy provided an overview to Council. Council Member Hickman inquired as to the differences between the agreements for All Day Jet Ski and Pyramid Enterprises. Director Kilroy explained that All Day Jet Ski will be paying a flat fee and Pyramid Enterprises pays 7% of gross revenue. Council Hickman also asked if the City was making more money from the 7% concession revenue. Director Kilroy believed that the City could potentially make more money from the 7% concession revenue. Mayor Pro Tern Johnson thanked staff for the work that went into this agreement. She wished All Day Jet Ski success in their business. Motion made by Council Member Hickman, seconded by Council Member Tisdale to approve the License Agreement with All Day Jet Ski and authorize the City Manager to execute the agreement, subject to minor modifications by the City Attorney; passed on a unanimous vote. [Successor Agency Meeting Minutes to follow] Regular City Council Minutes Meeting January 8, 2013 Page 10 of 12 SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE CONSENT CALENDAR (SA1) Warrant List dated December 13 & 31, 2012 Recommendation: Receive and file Warrant list dated December 13 & 31, 2012. (SA2) Investment Report for November 2012 Recommendation: Receive and file report. Motion made by Council Member Manos, Seconded by Council Member Tisdale to approve the Consent agenda of the Successor Agency; passed by unanimous vote. BUSINESS ITEM(S) None [City Council Meeting Minutes concluded on next page] Regular City Council Minutes Meeting January 8, 2013 Page 11 of 12 PUBLIC COMMENTS John Larson, Volunteer Program Administrator for the Lake Elsinore Citizens Corps addressed Council regarding the importance in training and preparing the community for a mass catastrophic event. Mr. Larson also announced the 2013 CERT training schedule starting January 22id. Diana Hansen of the Lake Elsinore Organizers for America stated that there was a need to assist the underserved people in the community. Mrs. Hansen announced they were hosting an Inaugural Ball on January 19th and invited Council. CITY ATTORNEY COMMENTS City Attorney Leibold wished everyone a Happy New Year. CITY COUNCIL COMMENTS Council Member Manos announced that the Rotary Club of Lake Elsinore was organizing 115 volunteers for a community project to improve homes and public safety in the Bird Track area. He spoke about implementing a pilot program that would offer micro loans to residents to fix their homes. Council Member Manos announced that Gravity X Dance Studio had open enrollment. Lastly, Council Member Manos stated that that he was sad to hear that Huell Howser had passed away. Council Member Hickman announced the Crime Free Multi- Housing training on January 24th; the Caltrans tree trimming on Route 74 at Riverside Drive; and the Inaugural Ball on January 19th. Council Member Tisdale thanked staff for all their hard work. He noted the importance of the campground appearance and the City's overall maintenance appearance. Mayor Pro Tern Johnson congratulated and thanked staff for all their hard work. She also welcomed the new Fire Marshal and Deputy City Clerk. Mayor Pro Tem Johnson also congratulated District Supervisor Kevin Jeffries. She complimented and thanked Mrs. Delisle for her comments and wished the City a prosperous and blessed New Year. Mayor Magee echoed the positive sentiments of his colleagues. He also announced that this would be the City's 125th year anniversary. Regular City Council Minutes Meeting January 8, 2013 Page 12 of 12 Fielgrellwkh akNkA Mayor Magee adjourned the meeting on January 8, 2013 at 8:42 p.m. to a regular meeting held on Tuesday, January 22, 2013 at the Elsin Valli Municipal Water District Boardroom at 3131 Chaney Street, Lake Elsinore., or .. 1 Magee, Virginia . Bloom, ity Clerk