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Home My WebLink About03-12-2013 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, MARCH 12, 2013 .................................................................................. ............................... CALL TO ORDER 5:00 P.M. Mayor Magee called the meeting to order at 5:04 p.m. which was being held in Conference Room A at City Hall. ROLL CALL PRESENT: Mayor Magee Mayor Pro Tern Johnson Council Member Hickman — arrived at 5:06 p.m. Council Member Manos Council Member Tisdale ABSENT: None Also present: City Attorney Leibold, City Manager Yates, and City Clerk Bloom. CITY COUNCIL CLOSED SESSION (1A) PUBLIC EMPLOYMEE PERFORMANCE EVALUATION (GOV'T CODE SECTION 54957(b)): CITY MANAGER (1 B) CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code Section 54957.6) City negotiator: City Manager Grant Yates Employee organization: Lake Elsinore Chapter of Laborer's International Union of North America, Local 777 (1C) CONFERENCE WITH LEGAL COUNCEL -- ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code section 54956.9: 1 potential case City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss Agenda Item Nos. (1A), (1 B), and (1C). The City Council recessed to Closed Session at 5:05 p.m. Closed Session adjourned at 6:00 p.m. Regular City Council Minutes Meeting of March 12, 2013 Page 2 of 9 CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore Mayor Magee reconvened the meeting to order at 7:02 p.m. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENT PRAYER Council Member Hickman 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, Acting Planning Manager MacHott, Lake, Parks and Recreation Director Kilroy, Police Chief Kennedy- Smith, Fire Chief Barr, and Deputy City Clerk Gutierrez. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session to discuss Agenda Item Nos. (1A), (1 B), and (1C) and that there was no reportable action taken. PRESENTATIONS /CEREMONIALS • Presentation Declaring April as Child Abuse Prevention Month Mayor Magee presented a Proclamation declaring April as Child Abuse Prevention Month to Officer Mike and Officer Byrd. PUBLIC COMMENTS — NON -AGENDIZED ITEMS — 1 MINUTE Kim Cousins of the Lake Elsinore Chamber of Commerce spoke regarding the Fred Hall Show in Long Beach. John Larson of the Lake Elsinore Citizen Corp invited the public to attend CERT classes. Mayor Magee requested Agenda Item No. 6 to be pulled from the Consent Calendar. Mayor Pro Tern Johnson requested Consent Item No. 9 be pulled from the Consent Calendar. Regular City Council Minutes Meeting of March 12, 2013 CONSENT CALENDAR (2) Approval of Minutes Page 3 of 9 Recommendation: It is recommended that the City Council approve the Minutes of the City Council Meeting of January 22, 2013. (3) Warrant List dated February 28, 2013 Recommendation: Receive and file Warrant List dated February 28, 2013. (4) Lake Elsinore Municipal Code Waivers of Lake Elsinore Valley Chamber of Commerce Frontier Days Special Event Recommendation: It is recommended that the City Council waive Lake Elsinore Municipal Code section 9.28.030 Furnishing alcoholic beverages in public for the Frontier Days Special Event, subject to compliance with all other conditions for the event as approved by the City Manager. (5) Lake Elsinore Municipal Code Waiver for Smoking Tires & Campground Fires Car Show Recommendation: It is recommended that the City Council waive Lake Elsinore Municipal Code section 9.28.030 Furnishing alcoholic beverages in public for the "Smoking Tires & Campground Fires" Car Show, subject to compliance with all other conditions for the event as approved by the City Manager. (7) Resolution Authorizing County Service Area 152 Parcel Charge for Fiscal Year 2013/2014 For the City of Lake Elsinore to Fund the City's National Pollution Discharge Elimination System (NPDES) Permit Program Recommendation: It is recommended that the City Council approve Resolution No. 2013 -015 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAINTAINING COUNTY SERVICE AREA 152 AND AUTHORIZING THE BENEFIT ASSESSMENT UNIT RATE FOR FISCAL YEAR 2013/2014 FOR THE CITY OF LAKE ELSINORE TO FUND THE CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROGRAM. (8) Employer- Employee Relations Resolution Recommendation: It is recommended that the City Council approve Resolution No. 2013 -016 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING AN EMPLOYER /EMPLYEE RELATIONSHIP. Motion by Council Member Tisdale, seconded by Council Member Manos, to approve the Consent Calendar, less Agenda Item Nos. 6 and 9; passed by unanimous vote. Regular City Council Minutes Meeting of March 12, 2013 CONSENT ITEMS PULLED Page 4 of 9 (6) Request to Obligate Funds for Pavement Repair and Overlay for Hunco Way Recommendation: It is recommended that the City Council authorize staff to obligate funds in the amount not to exceed $45,000 from Gas Tax Funds for the pavement repair and asphalt overlay of Hunco Way. Public Works Director Seumalo provided an overview to Council. He explained that this development was a project that was divided into two phases however, Phase II was stopped which included the paving on Hunco Way. Director Seumalo stated that staff will seek reimbursement for these charges upon further development. Motion by Council Member Hickman, seconded by Mayor Pro Tern Johnson, to authorize staff to obligate funds in the amount not to exceed $45,000 from Gas Tax Funds for the pavement repair and asphalt overlay of Hunco Way; passed by unanimous vote. (9) Rejection of Claims Recommendation: It is recommended that the City Council direct the City Clerk to notify claimants Thomas Ciccarelli and Kaylie Ciccarelli that their respective claims submitted to the City Clerk's office on February 11, 2013 and identified as Claim 2013 -003 and 2013 -004, respectively, are rejected. City Attorney Leibold explained that these two claims fall outside of the City's insurance policy therefore the claims were referred to the City Attorney's office. The two claims involved wrongful death alleged from long term exposure to hazardous substances in the City of Wildomar. The property was located outside the boundaries of the city limits and there was no activity or involvement of the City. Motion by Council Member Manos, seconded by Council Member Hickman, to direct the City Clerk to notify claimants Thomas Ciccarelli and Kaylie Ciccarelli that their respective claims submitted to the City Clerk's office on February 11, 2013 and identified as Claim 2013 -003 and 2013 -004, respectively, are rejected; passed by unanimous vote. PUBLIC HEARING(S) None APPEAL(S) None Regular City Council Minutes Meeting of March 12, 2013 BUSINESS ITEM(S) Page 5 of 9 (10) Memorandum of Understanding for Community Garden at Rosetta Canyon Community Park Recommendation: It is recommended that the City Council approve the Community Garden MOU (Rosetta Canyon Park) to commence the process of establishment of a community Garden at Rosetta Canyon Community Park and authorize the City Manager to execute the MOU, subject to minor modifications as approved by the City Attorney. Lake, Parks and Recreation Director Kilroy presented the MOU and staff report to the Council. He advised that there has been a positive response from citizens and businesses, but few would commit until the City allowed the use of the property located at the park. Director Kilroy indicated that the Memorandum of Understanding (MOU) was a guide to implement the Community Garden, but the success of the garden depended on the proponents. It was recommended that the City provide the water at an estimated cost of $1,000 per year. Silvia Monaco and John Larson provided an overview of the proposed Community Garden and its benefits to the community. Ms. Monaco reported that they have already received donations from local businesses. Gracie Sandlin of Studio 365 spoke in favor of the Community Garden and indicated that there were people in the community who would be dedicated in helping the proponents with the Community Garden. Michael Rabb of Costco spoke in support of the Community Garden and provided his background in the horticulture industry. He stated that he would provide recommendations for a plant list, soil mixtures and pest control. Council Member Tisdale asked if there was a security plan in place for the garden. Director Kilroy responded that there were still a number of unknowns and that the proponents were going to put together a complete plan before moving forward with the project. Council Member Tisdale expressed his support of the Community Garden. Council Member Manos confirmed that Council action was just to approve the MOU and asked if the property was going to be fenced off. Director Kilroy stated the proponents would be providing all the material cost and labor and that the City would only provide the land and water. Council Member Manos stated that he liked the proposed project. Council Member Hickman indicated that the proposed area for the garden did not have enough dirt and asked drip irrigation was going to be used. Director Kilroy indicated that staff would encourage water conservation methods and confirmed that city was providing the cost of water. Regular City Council Minutes Page 6 of 9 Meeting of March 12, 2013 Mayor Pro Tern Johnson asked if families would be able to purchase a section for gardening. Ms. Monaco explained that they planned to distribute the food they grew in the garden to local churches and food banks. Mayor Pro Tem Johnson indicated that she was in support of this project. Mayor Magee thanked Ms. Monaco and Mr. Larson for stepping up and that Director Kilroy for his work. Mayor Magee expressed his support for this project and asked the Water Council Subcommittee to reach out to EVMWD to donate a meter. He also encouraged the proponents to reach out to the school district. Motion by Council Member Manos, seconded by Councilmember Hickman, to approve the Community Garden MOU (Rosetta Canyon Park) to commence the process of establishment of a Community Garden at Rosetta Canyon Community Park and authorize the City Manager to execute the MOU, subject to minor modifications as approved by the City Attorney; passed by unanimous vote. (11) Mid -Year Status Report on the Fiscal Year 2012 -13 Budget Recommendation: It is recommended that the City Council approve the mid -year budget adjustments for fiscal year 2012 -13 as requested. Administrative Director Riley provided an overview of the operating revenues and one -time revenues to Council. City Manager Yates provided and overview of the general fund expenditure budget requests and fund balances to Council. Council Member Tisdale thanked departments for being diligent with their budgets. Council Member Manos thanked Staff for being mindful of public tax money. He also expressed that it was his hope that the reserve would be expanded and to ensure that the one -time funds would be used for one -time expenses. Council Member Hickman thanked everyone who was involved in creating a financial reserve for the City. Mayor Magee stated that the City's revenues and reserves were up due to the City's conservative approach in both forecasting and spending. Motion by Council Member Tisdale, seconded by Council Member Manos, to approve the mid -year budget adjustments for fiscal year 2012 -13 as requested; passed by unanimous vote. Regular City Council Minutes Page 7 of 9 Meeting of March 12, 2013 (12) Consideration of Full Landscape Improvements for Collier Avenue Medians Recommendation: It is recommended that the City Council approve the option for full median improvements along Collier Avenue in front of the outlet center and direct staff to select a qualified architect to complete the design. Public Works Director Seumalo provided an overview to Council Council Member Manos asked what the project timeframe was after Council approved the improvements. Public Works Director Seumalo responded that the project should be completed by December. Mayor Pro Tern Johnson asked for an overview of the funding sources. Public Works Director Seumalo explained that the available funding sources were from the Development Agreement Trust Fund and the Public Improvement Trust Fund; the General Fund would not be used for this project. Council Member Tisdale inquired regarding the cost of the architect. Director Seumalo explained that they were going to develop a Request for Proposal (RFP) for design services to find the most qualified architect and would come back to present the architect to City Council. Council Member Manos asked if there was a plan to maintain the median. Director Seumalo responded that the median would be maintained in terms of weed abatement. Council Member Hickman asked if the architectural plans could be prepared by Staff. Director Seumalo responded that Staff would meet with residents and approach the outlet center. Mayor Pro Tern Johnson encouraged Staff to meet with the marketing group that was revamping the outlet center before going out for the RFP. Mayor Magee expressed his concern regarding the lack of landscaping for the median located in front of a significant commercial development. Mayor Magee inquired regarding a budget line item in the amount $258,000 for computer equipment with a caveat that if at the end of 90 days the computer equipment was not purchased the funds would be used for landscape improvements. City Manager Yates explained that the City went through a transition, therefore Staff did not report to Council. Administrative Director Riley identified the appropriate funds for the median improvements. Mayor Magee also expressed his concern about the length of time that it would take to complete this project and asked that Staff reach out to the outlet owners to participate in the project. Motion by Mayor Pro Tern Johnson, seconded by Council Member Hickman, to approve the option for full median improvements along Collier Avenue in front of the outlet center and direct staff to select a qualified architect to complete the design; passed by unanimous vote. Regular City Council Minutes Meeting of March 12, 2013 Page 8 of 9 SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE CONSENT CALENDAR (SA1) Warrant List dated February 28, 2013 Recommendation: Receive and file Warrant List dated February 28, 2013. Moved by Council Member Manos, seconded by Council Member Tisdale, to approve the Consent Calendar; motion passed by unanimous vote. BUSINESS ITEM(S) None PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Grace Sandlin read a story to Council regarding natural water resources that surrounded the community and announced the Riverwalk Mosaic Public Art Project Ceremony to be held on March 23, 2013. Robin Golden representing Studio 395 presented the poster design, banner, billboard, postcard and flyers that will market the City's 125th Year Anniversary and its events. CITY MANAGER COMMENTS None CITY ATTORNEY COMMENTS None CITY COUNCIL COMMENTS Council Member Manos wished Mayor Magee a Happy Birthday. He stated that over the past three months the City has generated a positive energy momentum with many accomplishments including the City's budget. Council Member Hickman announced the Riverwalk Mosaic Public Art Project Ceremony to be held on March 23, 2013. He also announced that the Elks would be presenting 19 scholarships to students from the City of Lake Elsinore. Council Member Tisdale wished Mayor Magee a Happy Birthday. He reported that Fire Station 97 is on schedule and will open on July 1, 2013. Council Member Tisdale thanked Staff for all their work and staying within their budgets. Regular City Council Minutes Meeting of March 12, 2013 Page 9 of 9 Mayor Pro Tem Johnson announced the Sears Grand Opening and welcomed them to town. She wished Mayor Magee a Happy Birthday and thanked her colleagues and staff for joining Studio 395 at the Santa Ana Downtown Art community. Mayor Magee thanked his colleagues and staff for their nice thoughts and words. He announced Opening Day at the Storm Stadium, and that Lucas Oil submitted a special event permit for five (5) Off -Road events at the motor cross park and sports complex. Mayor Magee asked everyone to be safe and responsible on St. Patrick's Day and thanked everyone for attending the meeting. ADJOURNMENT Mayor Magee adjourned the meeting at 8:14 p.m. to, the n�xt regular City Council meeting to be held on Tuesday, March 26, 2013. Robert E. Magee, Virginia 4. Bloom, /city Clerk