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HomeMy WebLinkAbout05-14-2013 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, MAY 14, 2013 CALL TO ORDER 5:00 P.M. — City Hall Conf. Room A, 130 S. Main St., Lake Elsinore Mayor Magee called the meeting to order at 5:00 p.m. ROLL CALL PRESENT: Mayor Magee Mayor Pro Tern Johnson Council Member Hickman Council Member Manos Council Member Tisdale Also present: City Attorney Leibold, City Manager Yates, and City Clerk Bloom. CITY COUNCIL CLOSED SESSION (1A) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 potential case) City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss Agenda Item No. (1A). The City Council recessed to Closed Session at 5:01 p.m. CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore Mayor Magee called the meeting back to order at 7:01 p.m. PLEDGE OF ALLEGIANCE Tom Tomlinson led the pledge of allegiance. Regular City Council Minutes Page 2 of 10 Meeting of May 14, 2013 ROLL CALL PRESENT: Mayor Magee Mayor Pro Tem Johnson Council Member Hickman Council Member Manos Council Member Tisdale Also present: City Manager Yates, City Attorney Leibold, City Clerk Bloom, Director of Administrative Services Riley, Community Development Director Taylor, Acting Planning Manager MacHott, Superintendent DeSantiago, Lakes, 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 City Council met in Closed Session to discuss Agenda Item No. (1A) and that there was no reportable action taken. PRESENTATIONS / CEREMONIALS Sweepstakes Award Presentation to the City by Unity in the Community Committee Proclamation Declaring May 20 — 24, 2013 as "Public Works Week" Presentation of the Cops & Clergy Program by the Lake Elsinore Police Department Certificates of Recognition for various Sheriff's Awards Ms. Atkins of the Historical Society and Ms. Aniol of the Unity in the Community Committee presented the 2013 Unity in the Community Sweepstakes Award trophy to the City. Mayor Magee presented the "Public Works Week" Proclamation to Superintendent DeSantiago. Captain Kennedy -Smith introduced Chaplin Ed Bennett and Chaplin John Lopotosky. Chaplin Lopotosky presented an overview of the Cops & Clergy Program. Mayor Magee and Captain Kennedy -Smith presented Certificates of Recognition to Tom Thomas in recognition of the Community Service Award - Mr. Thomas is the founder of the Cops for Kids Program; to Patti Bell in recognition of Volunteer of the Year - Ms. Bell has been a volunteer in the police department for 15 years; to Explorer Rafael Oceguera in recognition of being named Explorer of Year in the County of Riverside; and to Officer Andrew Mata in recognition of the Life Saving Award. PUBLIC COMMENTS — NON -AGENDIZED ITEMS — 1 MINUTE Donna Franson announced the Community Citizens Committee Meeting to be held on Thursday, May 16, at 7:00 p.m. at the Tuscany Hills Recreation Center with guest speaker Supervisor Kevin Jefferies. Regular City Council Minutes Page 3 of 10 Meeting of May 14, 2013 Ruth Atkins announced that the Lake Elsinore Historical Society is hosting the Historic Walk Talk and Taste Tour in downtown Lake Elsinore on Saturday, May 18, 2013, from 10:00 a.m. to 4:00 p.m. Mayor Magee announced speaker requests relating to Agenda Item Nos. 4 and 5, therefore those two items were pulled from the Consent Calendar for discussion. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended that the City Council approve the Minutes of the Regular City Council Meeting of April 23, 2013. (3) Warrant List dated April 25 2013 Recommendation: Receive and file Warrant list dated April 25, 2013. Motion by Council Member Tisdale, seconded by Council Member Manos, to approve the Consent Calendar, less Agenda Item Nos. 4 and 5, passed by unanimous vote. CONSENT ITEMS PULLED (4) Construction Contract Award Hunco Way Pavement Overlay — Project No. 4408 Recommendation: It is recommended that the City Council: A) Award the Hunco Way Pavement Overlay to Lee & Stires, Inc., in the amount of $48,080.00 with a 10% contingency of $4,800; B) Authorize the City Manager to execute the contract with Lee & Stires, Inc.; and C) Approval for the budget adjustment of $11,000 from Fund 110 Gas Tax. Construction Manager Peter Ramey presented an overview to City Council Jeff Pipik indicated that this roadway was constructed less than 12 years ago, but was never completed. He felt the City could have obligated the developer to complete the project and expressed his concerns regarding mismanagement of the project and the 10 year life expectancy for a paving project. Chris Hyland read an article from the Lake Elsinore Patch regarding the pavement project on Hunco Way. Mayor Magee explained that the developer went bankrupt after Phase 1 of the Hunco Way project. It is common practice to have to leave the final paving cap until the Phase 2 of the project has been completed. Mayor Magee offered that staff was working on having the proper safeguards in place for this project. Regular City Council Minutes Page 4 of 10 Meeting of May 14, 2013 Construction Manager Ramey addressed the structural section of Hunco Way explaining that the developer hired a geotechnicial firm for the resistance value of the soil that designed the structural section for the road in 2004 and has been held in place with a substandard section for approximately 9 years. He explained that if another cap was added, the road structure would be compliant with the structural section and the life of the pavement should be longer than 10 years, but with the current condition it has half the thickness that is required. By doing the additional repair work and removals to look at the thickness of the asphalt, that staff found that it was adequate per the soils report. When the new asphalt was placed they made sure they had a complete structural section. City Manager Yates discussed the investments the City has made to its roadway system over the last five years. The City spent $9,317,000 on road improvements; part of which was a Council directed policy to address dirt road projects. Staff is looking at improving that investment as the City moves forward looking into new technologies and putting a budget together. Council Member Manos asked if the City will be able to recover the money it is spending on this project once the second phase is developed. City Manager Yates responded in the affirmative. Motion by Council Member Manos, seconded by Council Member Tisdale, to award the Hunco Way Pavement Overlay to Lee & Stires, Inc., in the amount of $48,080 with a 10% contingency of $4,800; authorize the City Manager to execute the contract with Lee & Stires, Inc.; and approval for the budget adjustment of $11,000 from Fund 110 Gas Tax; passed by unanimous vote (5) Agreement for Professional Design Services Berger -Abam Flores Lind Consultants Collier Avenue Median Landscaping Project No. 4388 Recommendation: It is recommended that the City Council: A) Award the Collier Avenue Median Landscaping Design between Nichols Road and Riverside Drive to Berger -ABAM Flores Lund Consultants in the not to exceed amount of $72,238.40; B) Authorize the City Manager to execute the contract with Berger -ABAM Flores Lund Consultants; and C) Authorize the use of $80,238.40 from fund No. 605 Public In -Lieu Fees and transfer the funds to the Collier Avenue Median Landscaping Project. Construction Manager Ramey presented an overview to City Council Jeff Pipik expressed that pavement preservation is a higher priority than median landscaping projects. Chris Hyland read an article from the Lake Elsinore Patch regarding the landscaping project. Mayor Magee stated that Main Street was scheduled to be repaved in October and cited the names of streets that have been repaired since 2008. Mayor Magee indicated that this Council invested in paving dirt roads and were committed to that goal. He offered that Regular City Council Minutes Page 5 of 10 Meeting of May 14, 2013 Council was investing in its infrastructure to ensure that residents had adequate paved roads. Mayor Pro Tem Johnson asked if the time performance would be less than one year due to the holiday. Construction Manager Ramey stated that the construction would be postponed until after January and that the bid proposals will include any additional cost for the waiting period, depending on how the bids came in. The contractors are informed that the project would not start until January, so they would include delay in cost; other contractors may bid lower simply because they don't have any work in January. Mayor Pro Tem Johnson asked if the Water District was included in the plans and proposal. Mr. Ramey responded in the affirmative. Council Member Manos asked how long the median had been unimproved. Mr. Ramey responded since 1992. When the project was first built the Council did not require the development of the median to be landscaped nor did they require the extension of a gas line. The Redevelopment Agency paid to put the gas line in and now tax payers are going to have to pay for this median because of the actions taking in 1992. Council Member Manos stated that he is in support of this project because the median is located at a gateway into the City. Motion by Council Member Manos, seconded by Council Member Hickman, to award the Collier Avenue Median Landscaping Design between Nichols Road and Riverside Drive to Berger -ABAM Flores Lund Consultants in the not to exceed amount of $72,238.40; authorize the City Manager to execute the contract with Berger -ABAM Flores Lund Consultants; and authorize the use of $80,238.40 from fund No. 605 Public In -Lieu Fees and transfer the funds to the Collier Avenue Median Landscaping Project; passed by unanimous vote PUBLIC HEARING(S) Mayor Magee opened the public hearing at 7:46 p.m. Chairman Manos called the Public Financing Authority meeting to order at 7:46 p.m. (6) A Resolution of the City Council of the City of Lake Elsinore California, Acting as the Legislative Body of City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Authorizing the Issuance of City of Lake Elsinore Community Facilities District No 2006 -1 (Summerly) Special Tax Bonds 2013 Series (Improvement Area A) Approving the Issuance of the Lake Elsinore Public Financing Authority Local Agency Revenue Bonds (Summerly IA A) 2013 Series A and the Execution and Delivery of a Fiscal Agent Agreement A Commitment Agreement and Purchase Contract for Purchase and Sale of Local Obligation Bonds A Purchase Contract and a Continuing Disclosure Agreement A Resolution of the Board of Directors of the Lake Elsinore Public Financing Authority Approving the Issuance of Lake Elsinore Public Financing Authority Local Agency Revenue Bonds (Summerly IA A) 2013 Series A in the Aggregate Principal Amount Not to Exceed $4,000,000 Pursuant to an Indenture of Trust Authorizing the Sale of Such Bonds Upon Certain Terms and Conditions Approving an Official Statement Approving the Execution of a Purchase Contract and a Commitment Regular City Council Minutes Meeting of May 14, 2013 Page 6 of 10 Agreement and Purchase Contract for the Purchase and Sale of Local Obligation Bonds of the City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) and Taking Other Actions Related Thereto Recommendation: It is recommended that: City Council: Adopt Resolution No. 2013 -021 authorizing issuance of the refunding bonds and bond documents. PFA: Adopt PFA Resolution No. 2013 -002 authorizing issuance of refunding bonds and bond documents. Administrative Services Director Riley provided an overview to Council. No public comments were received. Mayor Magee closed the public hearing at 7:54 p.m. Mayor Pro Tern Johnson asked if the CFD notification had been reviewed. Administrator Riley responded in the negative. Mayor Pro Tern Johnson stated that she would like to make sure that the notification for the CFD process was correct. Brian Millich of McMillan Communities, explained that there are several ways they notify homeowners; each builder provides a disclosure, there are also CFD notifications and public reports to ensure that future home buyers are notified of the special districts and anticipated tax rate. Mayor Pro Tem Johnson wanted to make sure that residents were received the proper disclosures and aware when their terms expire for the CFD. She also want to ensure that the information is on file with the City. Mr. Millich responded that the information would be double checked by the City's Finance Department. Council Member Hickman asked the length of time for the bond issuance. Mr. Millich responded that it is a 30 year bond. Mayor Magee commented that in the past the City did not do a good job with CFDs; there were some bonds that were floated before any homes were built or sold and the developers went bankrupt. The City now has a new finance team in place that has helped the City out of those situations which will ensure that the City will not repeat history. Mayor Magee also commented that the finance team also had a feasibility test that a certain number of homes had to be sold before bond were issued. Motion by Council Member Manos, seconded by Council Member Hickman, to adopt Resolution No. 2013 -021 authorizing issuance of the refunding bonds and bond documents; passed by unanimous vote. Motion by Authority Vice -Chair Tisdale, seconded by Authority Member Johnson, to adopt PFA Resolution No. 2013 -002 authorizing issuance of refunding bonds and bond documents; passed by a unanimous vote. APPEAL(S) None Regular City Council Minutes Meeting of May 14, 2013 Page 7 of 10 BUSINESS ITEM(S) (7) Conduct Second Reading and Adopt by Title only ORDINANCE NO. 2013 -1312 "ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA APPROVING ZONING CODE AMENDMENT NO. 2013 -03 MODIFYING THE CITY OF LAKE ELSINORE MUNICIPAL CODE TITLE 17 — ZONING ADDING CHAPTER 17.106 "P -I PUBLIC /INSTITUTIONAL DISTRICT." by roll call vote. Recommendation: It is recommended that the City Council waive further reading and adopt by title only Ordinance No. 2013 -1312 by roll -call vote. Motion by Council Member Manos, seconded by Mayor Pro Tem Johnson to waive further reading and adopt by title only Ordinance No. 2013 -1312 by roll -call vote. City Clerk Bloom read Ordinance No. 2013 -1312 by title only. The motion passed by unanimous roll call vote. (8) Conduct Second Reading and adopt by Title only ORDINANCE NO. 2013 -1313 "ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA APPROVING ZONE CHANGE NO. 2013 -01 KNOWN AS THE CONSISTENCY ZONING PROJECT — PHASE II AMENDING THE OFFICIAL ZONING MAP CHANGING THE ZONING OF VARIOUS PARCELS IN THE BUSINESS DISTRICT OF THE CITY TO ZONES CONSISTENT WITH THE GENERAL PLAN DESIGNATIONS THEREIN" by roll call vote. Recommendation: It is recommended that the City Council waive further reading and adopt by title only Ordinance No. 2013 -1313 by roll -call vote. Motion by Mayor Pro Tem Johnson, seconded by Council Member Manos, to waive further reading and adopt by title only Ordinance No. 2013 -1313 by roll -call vote. City Clerk Bloom read Ordinance No. 2013 -1313 by title only. The motion passed by unanimous roll call vote. (9) Local Hazard Mitigation Plan Recommendation: It is recommended that the City Council approve and adopt Resolution No. 2013 -022 accepting the Riverside County Operational Area Multi - Jurisdictional Local Hazard Mitigation Plan. Superintendent DeSantiago provided an overview to Council. Mayor Pro Tem Johnson asked if the Local Hazard Mitigation Plan was updated every five years. Superintendent DeSantiago responded affirmatively and offered that staff would also present quarterly updates for both the Local Hazard Mitigation and Emergency Operation Plans. Motion by Council Member Tisdale, seconded by Council Member Hickman, to approve and adopt Resolution No. 2013 -022 accepting the Riverside County Operational Area Multi- Jurisdictional Local Hazard Mitigation Plan; passed by unanimous vote. Regular City Council Minutes Meeting of May 14, 2013 Page 8 of 10 Zusette Bricker provided an overview of the Emergency Operation Plan (EOP) and explained that she is the liaison to ensure that the City has the proper emergency management and training in place. Superintendent DeSantiago provided an overview of the City's communication equipment and offered that staff is working on the mobile Emergency Operation Center (EOC). He also reported that the City received two trailers from the County and that it is planned to purchase tablets and EOC equipment with grant funds. Regular City Council Minutes Meeting of May 14, 2013 Page 9 of 10 SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE CONSENT CALENDAR (SA1) Warrant List dated April 25, 2013 Recommendation: Receive and file Warrant list dated April 25, 2013. (SA2) Grant of Easement to McMillin Summerly LLC Recommendation: Authorize the City Manager, acting as Executive Director of the Successor Agency, to execute the attached easement and instruct staff to cause the easement to be recorded in the official records of Riverside County. Motion by Council Member Tisdale, seconded by Council Member Manos, to approve the Consent Calendar, passed by unanimous vote. Chairman Manos closed the Public Financing Authority at 8:25 p.m. BUSINESS ITEM(S) None PUBLIC COMMENTS — NON- AGENDIZED ITEMS — 3 MINUTES 1►= CITY ATTORNEY COMMENTS None CITY MANAGER COMMENTS City Manager Yates introduced Community Development Director Grant Taylor. Community Development Director Taylor stated that he was glad to be part of the Lake Elsinore team. CITY COUNCIL COMMENTS Council Member Hickman announced the Memorial Day event to be held on May 27th at the cemetery. He informed that he attended the Prayer Day meeting and the Student of the Year scholarship award event held on Monday, May 13th Mayor Pro Tem Johnson thanked Superintendent DeSantiago and Zusette Bricker for the presentation and encouraged residents to register their cellphone at www.rvcfire.org. She welcomed Community Development Director Taylor and announced the boat demo at the La Laguna Resort and Boat Launch. Regular City Council Minutes Meeting of May 14, 2013 Page 10 of 10 Mayor Magee thanked staff for organizing the Dog Walk event and welcomed Journey Martial Arts to the City. He announced the Lucas Oil Off Road races in Lake Elsinore to be held on May 18th and 19th ADJOURNMENT Mayor Magee adjourned the meeting at 8:29 to be held on Tuesday, May 28, 2013 at Boardroom at 31315 Chaney Street, Lak Virginid _ Sloo , City Clerk p.m. to the next regular City Council meeting the Elsinore Valley Municipal Water District