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Home My WebLink About07-23-2013 City Council MinutesMINUTES CITY COUNCIL REGULAR MEETING CITY OF LAKE ELSINORE EVMWD BOARDROOM, 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 23, 2013 ................................................................................... ............................... CALL TO ORDER 5:00 P.M. — City Hall 130 S. Main St., Lake Elsinore, CA 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. PUBLIC COMMENT None 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) (1 B) CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) AMERICAN HUMANIST ASSOCIATION vs. CITY OF LAKE ELSINORE Case No. EDCV 13 -00989 City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss Agenda Item Nos. (1A) and (1 B). The City Council recessed to Closed Session at 5:01 p.m. Regular City Council Minutes Meeting of July 23, 2013 Page 2 of 8 CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore Mayor Magee called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Council Member Hickman led the Pledge of Allegiance. 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, Administrative Services Director Riley, Community Development Director Taylor, Planning Manager MacHott, Lake, Parks, and Recreation Director Kilroy, Public Works Director Seumalo, 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) and (1 B) and that there was no reportable action taken. PRESENTATIONS /CEREMONIALS None PUBLIC COMMENTS — NON -AGENDIZED ITEMS — 1 MINUTE Chris Hyland, resident, announced the NAACP event "An Evening in the Park" on August 10, 2013, from 2:00 p.m. to 8:00 p.m. at Town Square Park in the City of Murrieta. Mayor Magee announced requests to pull Agenda Item Nos. 7 and 9; 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 July 9, 2013. Regular City Council Minutes Meeting of July 23, 2013 (3) Warrant List dated July 11, 2013 Page 3 of 8 Recommendation: It is recommended that the City Council receive and file the Warrant list dated July 11, 2013. (4) Investment Report for the Month of June 2013 Recommendation: It is recommended that City Council receive and file report. (5) Resolution To Approve Placing Delinquent Refuse Bills on FY 2013 -2014 Tax Roll Recommendation: It is recommended that the City Council adopt Resolution No. 2013 -046 and instruct Staff to file with the Riverside County Auditor a certified copy along with the 120 -days past due accounts report. (6) Resolution To Approve Placing Delinquent Weed Abatement Invoices on Tax Roll Recommendation: It is recommended that the City Council adopt Resolution 2013- 047 for Weed Abatement Cost Recovery and direct staff to place special assessments against the properties listed in Exhibit A. (8) Notice of Completion Sumner and Heald Avenue Pavement Rehabilitation Phase I and Phase II Project No. 4349 Recommendation: It is recommended that the City Council: A) Accept the improvements into the City Maintained System; B) Direct staff to file the Notice of Completion with the County Recorder; and C) Direct staff to release all retention monies 35 days after the filing of the Notice of Completion. Motion by Council Member Hickman, seconded by Council Member Manos, to approve the Consent Calendar, less Agenda Item Nos. 7 and 9, passed by unanimous vote. CONSENT ITEMS PULLED (7) Annual Streetscape Maintenance Contract FY 2013/14 Recommendation: It is recommended that the City Council: A) Approve the Services Contract between the City and Excel Landscape for maintenance of all City streetscapes identified in Exhibit B of the Contract documents for the amount not to exceed $170,000.00 per year; and B) Approve a four (4) year contract with extensions upon successful annual review and recommendation by staff. Ashley Andrews, Accounts Manager for CTAI Pacific Greenscape, expressed her concerns regarding the termination of the contract. Ms. Andrews felt the company is being terminated without cause and were not given a fair opportunity to work with the City. Shuntele Andrews, CTAI representative, addressed the Council by asking for transparency as to how City contracts are awarded and monitored. She felt the termination of the Regular City Council Minutes Page 4 of 8 Meeting of July 23, 2013 contract was a personal issue and not about their true performance. Ms. Andrews asked for more oversight and monitoring of the Public Works Department and its Weed Abatement Division. Public Works Director Seumalo stated that staff is recommending to award a contract to Excel Landscape for maintenance of all City right -of -way landscaping. He informed that he had spoken to Ms. Ashley Andrews on several occasions and disagreed with her statements. Director Seumalo explained that the contract was being terminated without cause. He explained that the initial contract was going to be awarded to Excel Landscape but there was a misstep in the bid process; therefore, the project went out to rebid and CTAI Pacific Greenscape came in as the lowest responsible bid and was awarded the contract in December of last year. Council Member Hickman inquired regarding the safety and performance issues that were deemed substandard. Public Works Director Seumalo responded there was an accident on Railroad Canyon Road involving CTAI Pacific Greenscape. Ashley Andrews stated that the accident was not the negligence of their company and explained that their vehicle was rear ended before anyone got out the vehicle. Council Member Tisdale commented that it would have been helpful if the materials provided by CTAI Pacific Greenscape would have been submitted earlier for Council to review. He also stated that he did not see any documentation that would suggest that CTAI Pacific Greenscape intended to beautify the City. He stated CTAI Pacific Greenscape had a scope of work, but the materials they submitted seemed to imply that the company had to be told what to do by staff. Ms. Shuntele Andrews asked why CTAI Pacific Greenscape was not afforded allocated funds to provide clean up services. Ms. Andrews also asked Council to take a closer look at the bid award process. City Manager Yates clarified that the contract is for one (1) year with extensions upon successful annual performance evaluations that are presented to Council. Motion by Council Member Manos, seconded by Mayor Magee, to approve the Services Contract between the City and Excel Landscape for maintenance of all City streetscapes identified in Exhibit B of the Contract documents for the amount not to exceed $170,000.00 per year; and approve a one (1) year contract with extensions upon successful annual review and recommendation by staff. Mayor Magee asked Public Works Director Seumalo if Excel Landscape fails to perform or if there are any issues between staff and Excel Landscape, would they be terminated. Public Works Director responded in the affirmative. Mayor Magee requested that a performance evaluation be presented to Council in four (4) months. The motion passed by unanimous vote Regular City Council Minutes Page 5 of 8 Meeting of July 23, 2013 (9) Administering Agency — State Master Agreement and Program Supplement No. N006 for Federal Aid Projects Recommendation: It is recommended that the City Council: A) Adopt Resolution No. 2013 -048 approving and authorizing execution of the "Master Agreement, Administering Agency -State Agreement for Federal -Aid Projects" No. 08 -5074 and "Program Supplement No. N006" thereto; B) Authorize the City Manager to sign the Master Agreement, Program Supplement No. N006 and all subsequent specific Program Supplements to said agreement; and C) Authorize the City Clerk to return the signed agreement, in duplicate, to Caltrans Office of Local Programs for execution. Public Works Director Seumalo provided a presentation to Council Mayor Magee asked what the proposed design width of the channel would be. Public Works Director Seumalo responded approximately 96 feet from Lake Street past the bridge with an outlet structure for energy dissipation for the water to go through. He stated that staff prepared a preliminary environmental study as a part of the City's application to Caltrans, which is a requirement for the funding. Mayor Magee asked how the property owner would be compensated. Director Seumalo responded there was no compensation anticipated as the City is formalizing a creek that is already in existence and narrowing it, making this property a buildable lot. Mayor Magee commented that the property owner would be getting an improved piece of property that he will be able to build on. Council Member Tisdale asked about the rest of the road. Director Seumalo responded that the City limits are at the edge of the bridge and that is where the improvements would end. Council Member Tisdale asked if the portion of the road, about a tenth of a mile, that leads to the bridge is going to be two lanes leading into a four lane bridge. Director Seumalo responded that the proposal is for the road to go from the intersection through the bridge and would be two lanes as it leaves the City. Mayor Magee stated the funding for the design is 70% from the federal government and 30% from the local TUMF program. Director Seumalo responded in the affirmative. Mayor Magee asked about the funding for the construction. Director Seumalo responded that the City is applying for the same bridge replacement funds and that the City will start the funding request process once it gets further along in the designs of the project. Mayor Magee asked if the bridge would be completed in four (4) years. Director Seumalo responded in the affirmative. Motion by Council Member Tisdale, seconded by Council Member Hickman, to adopt Resolution No. 2013 -048 approving and authorizing execution of the "Master Agreement, Administering Agency -State Agreement for Federal -Aid Projects" No. 08 -5074 and "Program Supplement No. N006" thereto; authorize the City Manager to sign the Master Agreement, Program Supplement No.N006 and all subsequent specific Program Supplements to said agreement; and authorize the City Clerk to return the signed agreement, in duplicate, to Caltrans Office of Local Programs for execution, passed by unanimous vote. Regular City Council Minutes Meeting of July 23, 2013 PUBLIC HEARING(S) None APPEAL(S) None BUSINESS ITEM(S) (10) Second Reading and Adoption of Ordinance No. 2013 -1314 Page 6 of 8 Recommendation: It is recommended that the City Council waive further reading and adopt by title only Ordinance No. 2013 -1314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING SPECIFIC PLAN AMENDMENT NO. 2013 -01, AMENDMENT NO. 4 TO THE LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN by roll -call vote. Motion by Council Member Tisdale, seconded by Council Member Hickman, to adopt by title only Ordinance No. 2013 -1314. City Clerk Bloom read into the record Ordinance No. 2013 -1314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING SPECIFIC PLAN AMENDMENT NO. 2013 -01, AMENDMENT NO. 4 TO THE LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN; upon roll -call vote, the vote passed unanimously. (11) Second Reading and Adoption of Ordinance No. 2013 -1315 Recommendation: It is recommended that the City Council waive further reading and adopt by title only Ordinance No. 2013 -1315 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2013 -03, AMENDING THE LAND USE MATRIX CONTAINED WITHIN SECTION 1.4 OF THE CITY OF LAKE ELSINORE DOWNTOWNCODE by roll -call vote. Motion by Council Member Manos, seconded by Mayor Pro Tern Johnson, to adopt by title only Ordinance No. 2013 -1315. City Clerk Bloom read into the record Ordinance No. 2013 -1315 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2013 -03, AMENDING THE LAND USE MATRIX CONTAINED WITHIN SECTION 1.4 OF THE CITY OF LAKE ELSINORE DOWNTOWNCODE; upon roll -call vote, the vote passed unanimously. PUBLIC COMMENTS — NON -AGENDIZED ITEMS — 3 MINUTES None Regular City Council Minutes Meeting of July 23, 2013 CITY MANAGER COMMENTS None CITY ATTORNEY COMMENTS None CITY COUNCIL COMMENTS Page 7 of 8 Council Member Manos commented that according to Employment Development Department numbers, the City of Lake Elsinore has replaced the number of jobs that were lost during the recession. He also announced "Movies in the Park" at Summerlake Park on July 24th at 8:00 p.m. Council Member Hickman asked the public to be mindful of their pets during the hot weather. Council Member Tisdale thanked staff for their hard work. He also thanked the Battalion Chief and Cal Fire for their work during the recent fires, and Chief Barr for his work in the community. Mayor Pro Tern Johnson stated that she had received inquiries regarding hours of construction. She reiterated that the City's position on construction contracts state that construction work is from 7:00 a.m. to 5:00 p.m.; no construction work on Saturdays, Sundays or holidays; and no large trucks on residential streets before 7:00 a.m. Mayor Magee asked staff to review and report back to Council regarding the lake use fee schedule, particularly with regard to non - motorized vessels. He wants to ensure that the City is properly applying our fees and up to par with other jurisdictions. Mayor Magee announced that Phase 1 of the McMillin Homes sold out in 10 days after their model homes opened. He informed that several housing developments within the City have restricted hours of operation and asked staff to. pay particular attention to which ones need to be enforced. Mayor Magee stated that he received a complaint specific to Pacific Clay and their hours of operation. He stated that Pacific Clay can do some things to mitigate their noise and impacts to the adjacent neighborhoods and offered that the City's previous Edison Public Affairs Officer had promised that they would look into billing at peak use times within in the City. Mayor Magee expressed that if Edison knew they had angry customers they might lower the rates or make them more uniform. Pacific Clay could then work at an economically feasible rate and reduce the impacts on the adjacent neighborhoods. Mayor Magee requested that staff look into Wyrock as he was informed that operation has a $40,000 deficit in their CRS (cost recovery system) account and requested that a report be presented to the City Council. Regular City Council Minutes Meeting of July 23, 2013 ADJOURNMENT Page 8 of 8 Mayor Magee adjourned this meeting at 7:39 p.m. to the next regularly scheduled meeting to be held on Tuesday, August 13, 2013. The regular Closed Session meeting will be held at 5:00 p.m. at City Hall and the regular Public meeting will be held at 7:00 p.m. at the Elsinore Valley Municipal Water District (EVMWC.) --Bo rdroom located at 31315 Chaney Street, Lake Elsinore, CA. �j