HomeMy WebLinkAbout10-22-2013 City Council MinutesMINUTES
CITY COUNCIL
REGULAR MEETING
CITY OF LAKE ELSINORE
EVMWD BOARDROOM, 31315 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, OCTOBER 22, 2013
.................................................................................. ...............................
CALL TO ORDER 5:00 P.M.
Mayor Magee called the meeting to order at 5:02 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, City Clerk Bloom, and Dennis
Fransway, representative for Enviromine.
PUBLIC COMMENT
None
CITY COUNCIL CLOSED SESSION
(1a) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) 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 No. (1 a).
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 reconvened the meeting to order at 7:03 p.m.
PLEDGE OF ALLEGIANCE
Penelope and Julie led the Pledge of Allegiance.
Regular City Council Minutes Page 2 of 11
Meeting of October 22, 2013
ROLL CALL
PRESENT: Mayor Magee
Mayor Pro Tern 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, Lake, Parks, and
Recreation Director Kilroy, Interim Public Works Director Eskandari, Police Chief Kennedy -
Smith, Fire Chief Barr, Fire Marshal Bloom, Traffic Engineer Beardsley, Building Official
Belvin and Deputy City Clerk Gutierrez.
CLOSED SESSION REPORT
City Attorney
Leibold
announced that the City Council met
in Closed Session to discuss
Agenda Item
No. (1a)
and that there was no reportable action
taken.
PRESENTATIONS / CEREMONIALS
10 Me
PUBLIC COMMENTS — NON- AGENDIZED ITEMS — 1 MINUTE
Glenn Copple announced the upcoming "Christmas Tree Lane" event. He stated that the
funds raised from the event will be used for local children that participate in the Boys and
Girls Club, Student of the Year Scholarships, Leadership Training Camp, Boy Scouts, and
other local charities.
Grace Sandlin introduced members of the Ballet Folklorico Team and announced the "Dia
de los Muertos" event set for Friday, November 1, 2013 at Graham Avenue and Main
Street. Ms. Sandlin thanked the City Council and Chamber of Commerce for their
assistance with the event.
Susie Rupnow thanked Ms. Lorena, dance instructor and Isela and Erazmo Salgado for
organizing the music and entertainment for the "Dia de los Muertos" event.
John Larsen reported that the "Shake Out Expo' was a great success and recognized all
the participants, vendors and sponsors.
CONSENT CALENDAR
Council Member Tisdale requested Agenda Item No. 6 be pulled from the Consent
Calendar. Council Member Hickman requested Consent Item No. 7 be pulled from the
Consent Calendar.
Regular City Council Minutes
Meeting of October 22, 2013
(2) Approval of Minutes
Page 3 of 11
Recommendation: It is recommended that the City Council approve the Minutes of
the Regular City Council Meeting of October 8, 2013.
(3) Investment Report for the month of September
Recommendation: It is recommended that the City Council receive and file the
report.
(4) Notice of Cessation of Special Tax CFD No. 90 -2 (Tuscany Hills)
Recommendation: It is recommended that City Council direct the City Clerk to
execute and record a Notice of Cessation of Special Tax for 52 Villa Milano related
to CFD No. 90 -2 (Tuscany Hills) (hereinafter the "CFD ").
(5) Consideration for the Extension of Surface Mine Inspection and Consulting Services
Enviromine, Inc.
Recommendation: It is recommended that the City Council: A) Approve the
extension of surface mining inspection funding, performed by Enviromine, Inc., to
January 2014 to coincide with terms of current professional service contract in the
amount of $20,000; and B) Authorize staff to process a change order in the amount
of $20,000.
(8) Commercial Design Review No 2013 -06 - A Request for a 4,500 Square Foot
Professional / Office Center and On -Site Improvements on a 0.42 Acre Vacant Lot
on Diamond Drive (APN: 363- 162 -027)
Recommendation: It is recommended that the City Council adopt Resolution No.
2013 -062 Resolution of the City Council Approving Commercial Design Review No.
2013 -06 for a 4,500 square foot Professional /Office Center and on -site
improvements on a 0.42 -acre vacant lot on Diamond Drive (APN 363- 162 -027).
(9) Commercial Design Review No. 2013 -07 - A Request for the Installation of a 1,920
Square Foot Portable Youth Gathering Building to be Placed Adjacent to the
Existinq Amphitheater for Lamb's Fellowship facility located at 21901 Railroad
Canyon Road (APN: 363- 180 -031)
Recommendation: It is recommended that the City Council adopt Resolution No.
2013 -063 A Resolution of the City Council approving Commercial Design Review
No. 2013 -07 for the Installation of a 1,920 square foot portable youth gathering
building to be placed adjacent to the existing amphitheater for Lamb's Fellowship
facility located at 21901 Railroad Canyon Road.
Motion by Council Member Tisdale, seconded by Mayor Pro Tem Johnson, to approve the
Consent Calendar, less Agenda Item Nos. 6 and 7, passed by unanimous vote.
Regular City Council Minutes
Meeting of October 22, 2013
CONSENT ITEMS PULLED
Page 4 of 11
(6) Construction Contract Award — Solar Powered Speed Reader /Feedback Signs at
Various Locations; Project No. 4375
Recommendation: It is recommended that the City Council: A) Award the
construction of the solar powered speed reader /feedback signs at various locations
to Steiny and Company, Inc., in the amount of $338,108 with a 10% contingency of
$33,000 to be used for construction; B) Authorize the City Manager to execute the
contract with Steiny and Company, Inc.; and C) Approve additional funding of
$25,720 from Fund 110 Gas Tax.
Council Member Tisdale expressed that he was happy to see this project moving forward
and asked when the signs will be installed. City Manager Yates responded there is a total
of 18 signs to be installed by the first part of next year. Council Member Tisdale clarified
that the 18 signs are to be placed around the seven (7) schools.
Motion by Council Member Tisdale, seconded by Mayor Pro Tem Johnson, to award the
construction of the solar powered speed reader /feedback signs at various locations to
Steiny and Company, Inc., in the amount of $338,108 with a 10% contingency of $33,000
to be used for construction; authorize the City Manager to execute the contract with Steiny
and Company, Inc.; and approve additional funding of $25,720 from Fund 110 Gas Tax,
passed by unanimous vote.
(7)
Construction
an ongoing
Contract
fee. Engineer
Award
—
Signal
associated with the
project.
Radio
Communication
Upgrade
along
Diamond
Drive
/
Railroad
Canyon
Corridor
as part
of
Project
No.
4386
Recommendation: It is recommended that the City Council: A) Award the
construction of the signal communication upgrade along Diamond Drive / Railroad
Canyon Corridor to Select Electric, Inc., in the amount of $23,776 with a 15%
contingency of $3,500 to be used for construction; and B) Authorize the City
Manager to execute the contract with Select Electric, Inc.
Traffic Engineer Beardsley provided an overview to City Council. He explained the potential of
the special controls and installation of the equipment. Engineer Beardsley also explained the
phases of the project and the importance of the implementation of the signal timing.
Council Member Manos
asked if there was
an ongoing
cost or licensing
fee. Engineer
Beardsley answered that
there are no ongoing
costs or fees
associated with the
project.
Council Member Hickman stated that he was under the impression that traffic could be
monitored from City Hall. Engineer Beardsley responded that traffic could be monitored if
cameras are installed on the streets. Council Member Hickman stated that the next step
should be to install cameras to monitor and facilitate traffic.
Council Member Tisdale asked if the City will be able to control all light signals and how it
would impact the signals that are controlled by Caltrans. Engineer Beardsley responded that
the signal timing coordination with Caltrans is included in the scope of the service provided by
Regular City Council Minutes
Meeting of October 22, 2013
Page 5 of 11
the contractor. He explained that it is important to ensure that all light signals are on the same
coordinated timing plan. Council Member Tisdale asked if Caltrans is working with the City.
Engineer Beardsley responded in the affirmative.
Motion by Council Member Manos, seconded by Council Member Hickman, to award the
construction of the signal communication upgrade along Diamond Drive / Railroad Canyon
Corridor to Select Electric, Inc., in the amount of $23,776 with a 15% contingency of $3,500 to
be used for construction and authorize the City Manager to execute the contract with Select
Electric, Inc., passed by unanimous vote.
PUBLIC HEARING(S)
(10) Introduction of an Ordinance Adopting by Reference Various Construction Codes
with Amendments and Appendices
Recommendation: It is recommended that the City Council: A) Adopt Resolution
No, 2013 -064 A Resolution of the City Council of the City of Lake Elsinore,
California, setting forth findings with respect to local conditions within the City of
Lake Elsinore which make certain modifications and changes to the California
Building Code, California Residential Code, California Reference Standards Code,
the California Plumbing Code, the California Mechanical Code, the California
Electrical Code and the California Existing Building Code as amended by the State
of California reasonably necessary for housing occupancies; and
B) Waive further reading and introduce by title only Ordinance No. 2013 -1318 AN
ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING
CHAPTERS 15.02, 15.04, 15.06, 15.20, 15.24, 15.32, 15.38, 15.400 15.48 AND
15.56 TO LAKE ELSINORE MUNICIPAL CODE ADOPTING THE 2013
CALIFORNIA BUILDING STANDARDS CODE repealing and reenacting chapters
15.02, 15.04, 15.20, 15.242 15.38, 15.56 and enacting chapters 15.06, 15.32, and
15.42 of the Municipal Code, adopting by reference the 2013 edition of the California
Building Standards Code, known as the California Code of Regulations, Title 24
(CCR, T -24), incorporating the International Building Code 2012 Edition, the
International Residential Code 2012 Edition, the Uniform Mechanical Code 2012
Edition, the Uniform Plumbing Code 2012 Edition, the California Energy Code 2012
Edition, the National Electrical Code 2011 Edition, the California Green Building
Standards Code 2013 Edition, and the International Fire Code 2012 Edition.
Mayor Magee opened the public meeting at 7:24 p.m. Building Official Belvin provided an
overview to Council. No public comments were received. Mayor Magee closed the public
hearing at 7:25 p.m.
Motion by Council Member Hickman, seconded by Council Member Manos, to adopt
Resolution No. 2013 -064 a Resolution of the City Council of the City of Lake Elsinore,
California, setting forth findings with respect to local conditions within the City of Lake
Elsinore which make certain modifications and changes to the California Building Code,
California Residential Code, California Reference Standards Code, the California Plumbing
Code, the California Mechanical Code, the California Electrical Code and the California
Existing Building Code as amended by the State of California reasonably necessary for
housing occupancies, passed by unanimous vote.
Regular City Council Minutes Page 6 of 11
Meeting of October 22, 2013
Council
Member Manos
moved,
seconded by Mayor Pro Tem Johnson, to waive further
reading
and introduce by
title only
Ordinance
No. 2013 -1318.
City Clerk Bloom read ORDINANCE 2013 -1318; ORDINANCE OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING CHAPTERS 15.02, 15.04, 15.06, 15.20, 15.24,
15.32, 15.38, 15.40, 15.48 AND 15.56 TO LAKE ELSINORE MUNICIPAL CODE
ADOPTING THE 2013 CALIFORNIA BUILDING STANDARDS CODE; upon a roll -call vote,
the motion passed unanimously.
APPEAL(S)
.
re ml-
BUSINESS ITEM(S)
(11) Public Safety Advisory Commission Options
Recommendation: It is recommended that the City Council consider and choose
one of the following four options in regards to the future of the Public Safety
Advisory Commission:
A.) Disband the Commission; or
B.) Introduce by title only and adopt by roll call vote Ordinance No. 2013-
1317, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.46 PUBLIC
SAFETY ADVISORY COMMISSION and proceed with recruitment to fill
existing vacancies on the Commission; or
C.) Redefine the Commission to an ad hoc committee to assess the need
and future of the Public Safety Advisory Commission. The committee would
be made up of three citizens and two City Council Members that meets bi-
monthly or on a quarterly basis, as needed. The committee would maintain an
active community forum for citizens, while also evaluating the need for a
formal commission as part of next year's budget planning cycle. If chosen,
staff would move forward with launching the committee by January 2014 for a
term of no more than two years; or
D.) Establish an ad hoc committee, similar to the Historical Committee,
with a member appointed by each City Council Member. The recommended
term for the committee would be two years.
City Manager Yates provided Council with an overview of the four options relating to the
future of the Public Safety Advisory Commission.
Public Safety
Commissioner
Stewart asked the Council to support
the continuance of the
Commission.
He stated that
the meetings
provided
the
public with
a place to express their
Regular City Council Minutes Page 7 of 11
Meeting of October 22, 2013
safety issues and concerns. Commissioner Stewart stated that he felt that the public's
concerns were expedited when reported to the Commission instead of filing a complaint at
City Hall. He also spoke about the Commission's various responsibilities and programs that
were implemented. Commissioner Stewart thanked Council for the opportunity to serve the
City and that he enjoyed his term as a commissioner.
Tim Flemming, resident, stated that public safety is the Council's primary goal and
expressed his concerns that the Commission may be disbanded. Mr. Flemming stated that
the Commission's accomplishments and contributions to the community were invaluable.
He expressed that he was in favor of continuing the Public Safety Advisory Commission.
Council Member Manos expressed that he liked the Commission's outreach to the public
and the casual ambiance of the meetings. He stated that he would not consider disbanding
the Commission.
Motion by Council Member Manos, seconded by Council Member Hickman, to introduce by
title only Ordinance No. 2013 -1317; AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.46 PUBLIC
SAFETY ADVISORY COMMISSION and proceed with recruitment to fill existing vacancies
on the Commission.
Mayor Pro Tem Johnson provided highlights of the Commission's background. She stated
that taking away a forum where the public is able to express their concerns is not the thing
to do. Mayor Pro Tem Johnson offered that the Commission needed to be redefined and
provided with clear direction and expectations.
Mayor Pro Tem Johnson suggested a fifth option to redefining the Commission and to set
new direction and expectations for the Commission.
Substitute motion by Council Member Tisdale, seconded by Mayor Pro Tem Johnson, to
redefine the Commission made up of three citizens and two Council Members that meet bi-
monthly or on a quarterly basis, to redefine the role of the Commission.
Council Member Manos asked City Manager Yates if there were any active applicants.
City Manager Yates responded that 11 applications were on file with the City Clerk's Office.
Council Member Manos expressed that he is in favor of the proposed Ordinance.
Council Member Hickman stated that the object of the Commission is so that the public has
a forum to speak openly without Council Members. He offered that he would like to
continue with the Commission as it is currently established, however is not opposed to
changing the objectives.
Council Member Tisdale clarified his motion in that he did not intend to place Council
Members on the Commission permanently. The motion is to have a Committee that will
redefine the Commission, with a deadline of January 2014, and have clear guidance to
operate within the City limits.
Regular City Council Minutes Page 8 of 11
Meeting of October 22, 2013
Council Member Hickman asked for clarification between a Commission and Committee.
City Manager Yates explained that a Commission is in the municipal code; a Committee is
a lesser body in the area of law with a limited term. Council Member Hickman expressed
his concern for safety within the City and would like the Commission to continue.
Council Member Tisdale explained that he would like to establish a Committee that would
redefine the scope of work for the Commission. Mayor Pro Tern Johnson then clarified that
her goal is to get the Commission up and running to work independently.
Mayor Magee clarified that the substitute motion included a Committee with three citizens
and two Council Members. If that motion passes then that Committee would provide the
structure and guidelines for the Commission. If the motion failed, then Option Four was
available to establish an ad hoc Committee.
Council Member Manos expressed that he was in favor of the Ordinance as proposed and
did not see the purpose of establishing a Committee.
Council Member Hickman expressed that he was not in favor of a Committee. He would
like the Commission to continue without any Council Members. Council Member Hickman
stated that he is in favor of Option Two.
Mayor Magee provided the history of the Public Safety Advisory Commission which was
established in 1984 in response to law enforcement issues within the City. The
Commission was disbanded in July 2010 and reinstated in July 2011. He stated that the
public would still have a venue to vent and reach out to Council Members. A Committee
would still allow that same participation. Mayor Magee said that the Commission should go
to a Committee with five (5) members; one member appointed by each Council Member.
The Committee will hold regular meetings where the public can participate. Mayor Magee
stated that he does not want to limit the public's access to their elected officials.
Mayor Pro Tern Johnson stated that she did not want to see the Commission disbanded.
However, if there is a need to start with a Committee perhaps Council Members Manos and
Hickman can serve on the committee to move forward with the Commission.
Council Member Tisdale stated that the Budget Subcommittee has made public safety a
priority. He added that only he and Mayor Magee attended the Town Hall meeting held last
year with Lakeland Village residents regarding the proposed boat dock standards and that
the Commission was not in attendance to address any of those citizen concerns. He
withdrew his substitute motion and seconded Mayor Magee's motion.
Council Member Manos commended both Council Member Tisdale and Mayor Magee for
doing the right thing regarding the boat dock standards matter. He added that the
Commission did not have direction and offered that the proposed ordinance has redefined
the role of the Commission.
Motion by Mayor Magee, seconded by Council Member Tisdale, to create a Committee
with members appointed by each City Council Member with a term of two years, failed by a
2 -3 vote with Council Members Manos, Hickman and Johnson all voting no.
Regular City Council Minutes Page 9 of 11
Meeting of October 22, 2013
Motion by Council Member Manos, seconded by Council Member Hickman, to introduce by
title only Ordinance No. 2013 -1317 and proceed with the recruitment to fill the existing
vacancies on the Commission, failed by a vote of 2 -2 -1 with Mayor Pro Tem Johnson and
Mayor Magee voting no, and abstention by Council Member Tisdale.
Mayor Magee recommended that each Council Member provide the City Manager with
their respective comments and for him to bring back this item for further consideration.
Mayor Pro Tem Johnson responded that Council should come to a decision on this item at
this meeting.
Motion by Mayor Pro Tem Johnson to continue the Public Safety Advisory Commission,
redefine direction to the Commission, and rewrite the ordinance.
Council Member Manos asked if Council could provide staff with specific changes to the
ordinance. Mayor Pro Tem Johnson replied in the negative and clarified that the Council
would still continue with the Commission, redefine the ordinance, and start reviewing the
applications for consideration of appointment to the Commission.
Council Member Manos asked if there will be a subcommittee. Mayor Pro Tem Johnson
stated that she would not be opposed to a subcommittee.
Council Member Tisdale asked City Attorney Leibold if each Council Member could appoint
a Commissioner. City Attorney Leibold responded that the existing policy for a Commission
is that the appointments are made by the Mayor and that the subcommittee will interview
the applicants and make a recommendation, already exists. The Mayor appoints the
Commissioners and the Council confirms the Mayor's appointments.
Mayor Magee explained that the application selection process exists so that all the power
didn't vest with the Mayor. A subcommittee of two (2) Council Members would go through
the interview process and make a recommendation as the subcommittee to the Council to
vote upon.
Motion by Council Member Manos to table this item to the Council meeting of November
12th in order to establish a subcommittee and work with staff to make recommendations.
Mayor Magee stated that there is going to be a heavy agenda for the Council meeting of
November 12th because there will only be one meeting in November.
Council Member Hickman supported Mayor Pro Tem Johnson's motion to continue with the
Commission.
Council Member Tisdale modified Council Member Manos' motion to move this item to the
meeting in December and that the subcommittee to consist of staff, two (2) Council
Members and Commissioner Stewart to work on the revisions to the ordinance.
Mayor Magee clarified the motion to form a subcommittee of two Council Members and
Commissioner Stewart and to table the item. In the meantime, issues can be worked out
and presented at the first meeting in December.
Regular City Council Minutes Page 10 of 11
Meeting of October 22, 2013
Council Member Manos agreed with the modified motion. Council Member Tisdale
seconded the motion and stated that he would serve on the subcommittee with Council
Member Manos.
Mayor Magee restated the motion to table this item to the first meeting in December, create
a subcommittee consisting of Council Members Manos and Tisdale, Commissioner
Stewart, and staff to move the Commission forward. The motion passed by 4 -1 with
Council Member Hickman abstaining.
PUBLIC COMMENTS — NON -AGENDIZED ITEMS — 3 MINUTES
None
CITY MANAGER COMMENTS
CITY ATTORNEY COMMENTS
None
CITY COUNCIL COMMENTS
Council Member Manos wished his brother, Angelo, a happy birthday. He then wished his
wife a happy 14th wedding anniversary.
Council Member Hickman announced the Lucas Oil Nationals on October 25 — 27; the
"Take Back Your Drugs" event being conducted by the City Police Department; 5/10K race
on October 26th; he announced that the Community Garden is seeking volunteers; the
Grand Prix Race to be held on November 10th; and the "Day of the Dead" event to be held
on November 1St. Council Member Hickman thanked John Larsen and staff for their work
on the Shake -Out Expo.
Council Member Tisdale thanked staff for all their hard work
Mayor Pro Tern Johnson noted that residents have reached out to her regarding the garage
sale permit process; she then provided direction to staff to research the permit process and
present a recommendation to the Council at an upcoming meeting. Mayor Pro Tern
Johnson stated that there is a concern with residents holding yard sales on a regular basis.
She thanked staff and stated that the matter of the Public Safety Advisory Commission will
be resolved.
Mayor Magee reminded the public of the Veterans' Day observance ceremony to be held
on Saturday, November gth at the Grand Pix Races. The ceremony will be hosted by the
Lake Elsinore Citizens Committee.
Regular City Council Minutes
Meeting of October 22, 2013
ADJOURNMENT
Mayor Magee adjourned the meeting at 8:25
to be held on Tuesday, November 12, 2013,
(EVMWD) Boardroom located at 31315 Chan
k/ l w1c)
Virginia . Bloof City Clerk
Page 11 of 11
p.m. to the next regularly scheduled meeting
at the ,Elsinqre Valley Municipal Water District
ev,Street, take Elsinore. California.
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