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Home My WebLink About11-12-2013 City Council MinutesMINUTES CITY COUNCIL REGULAR MEETING CITY OF LAKE ELSINORE EVMWD BOARDROOM, 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 12, 2013 .................................................................................. ............................... CALL TO ORDER 5:00 P.M. Mayor Magee called the meeting to order at 5:01 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 Tom Tomlinson, of Castle & Cooke, addressed the Council proposing a possible solution to the Alberhill Development Agreement; he suggested that if the Council rescinded its action taken at the last Council meeting, that they would pull back their letter of threatened litigation. Alternatively, the Council would also have the option of extending the tolling to resolve the issue. He stated that they do not want to file with the Courts. Attorney Steve Miles, representing Castle & Cooke, stated that by the Council rescinding its action to the submittal of the 2nd Amendment to the Brighton Development Agreement, not to include the submittal of the application, that it would extend the tolling agreement for 90 to 120 days which would give WRCOG time to process. CITY COUNCIL CLOSED SESSION (1a) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) 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 into Closed Session at 5:07 p.m. Regular City Council Minutes Meeting of November 12, 2013 Page 2 of 8 CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore Mayor Magee reconvened the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Weebles Pack 30 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 Treasurer Baldwin, City Clerk Bloom, Administrative Services Director Riley, Lake, Parks, & Recreation Director Kilroy, Interim Public Works Director Eskandari, Planning Manager MacHott, Lt. Adams, Fire Chief Williams, 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 Mayor Magee and City Treasurer Baldwin presented outgoing Administrative Services Director Riley with a Certificate of Recognition. Each City Council Member expressed their respective appreciation for Mr. Riley's service and complimented him for the courage he displayed during challenging times while with the City. PUBLIC COMMENTS — NON- AGENDIZED ITEMS — 1 MINUTE Jennifer DiCiano, with Western Riverside Council of Governments ( WRCOG), presented an award to Superintendent DeSantiago in appreciation of their partnership with the City's coalition. Ms. DiCiano stated that WRCOG will assist the City in locating funding resources to implement an alternative fuel infrastructure project. Chris Hyland, resident, announced the "NAACP 2nd Annual Red Carpet Extravaganza" to be held at the Wilson Creek Winery on Saturday, December 14th from 5:00 p.m. to 11:00 p.m. Regular City Council Minutes Page 3 of 8 Meeting of November 12, 2013 Sharon Galina, resident, stated that a second sign to keep construction traffic from entering the location at Lake Street and Alberhill Ranch Road before 7:00 a.m. is missing. Ms. Galina asked when Castle & Cooke was going to install a stop sign at Norris Street. Mark Mezzano introduced United Towing Service, a new towing company in the City and provided a brief history of the business. Mr. Mezzano asked for Council to review the City's towing ordinance, because United Towing Service would like to acquire a franchise in the City of Lake Elsinore. Glenn Copple, resident, invited Council to judge the trees at the "Christmas Tree Lane" event. Mr. Copple stated that the money raised at the event is for local youth in the community. CONSENT CALENDAR Mayor Pro Tern Johnson requested to pull Agenda Item No. 5 from the Consent Calendar for discussion. Council Member Manos requested to recuse himself from the vote on Agenda Item No. 7 of the Consent Calendar. (2) Approval of Minutes Recommendation: It is recommended that the City Council approve the Minutes of the Regular City Council Meeting of October 22, 2013. (3) Warrant List dated October 31, 2013 Recommendation: Receive and file Warrant lists dated October 17 and 31, 2013. (4) Annual Adoption of Investment Policy Recommendation: It is recommended that the City Council approve the City's investment policy. (6) Notice of Completion — Summerhill Drive from Canyon Estates Drive to Via De La Valle Project No. SSP14 Recommendation: It is recommended that the City Council: A) Accept the improvements into the City Maintained System; B) Authorize staff to file the Notice of Completion with the County Recorder; C) Authorize staff to release the contract retention amount, 35 days after filing the Notice of Completion; and D) Authorize transfer of project fund balance to Main Street Overlay Project No. 4405. (7) Construction Contract Award -FY 2013 -2014 SB 821 Sidewalk Project, Project No. 4406 Recommendation: It is recommended that the City Council: A) Award the construction contract for the FY 2013 -2014 SIB 821 Sidewalk Project to Southwest Construction Company, Inc., in the amount of $333,531 with a 10% contingency of Regular City Council Minutes Meeting of November 12, 2013 Page 4 of 8 $33,000 to be used for construction; B) Authorize the City Manager to execute the contract with Southwest Construction Company, Inc.; C) Award the construction survey contract to KDM Meridian in the amount of $26,965, and the construction geotechnical and materials testing services contract to MTGL in the amount of $29,809; D) Authorize the City Manager to execute the contract with KDM Meridian and MTGL; E) Authorize the use of $ 307,542.50 of unappropriated Gas Tax Fund 110; and F) Authorize the use of $18,756.50 from Public Improvement In Lieu Fees. (8) Amendment No 2 to Agreement for the Funding of TUMF Regional Arterial Improvements with the City of Lake Elsinore for the Railroad Canyon Road at 1 -15 Improvements Recommendation: It is recommended that the City Council: A) Approve the Amendment No. 2 to Agreement No. 10 -72- 016 -00 for the funding of Transportation Uniform Mitigation Fee (TUMF) Regional Arterial Improvements with the Riverside County Transportation Commission (RCTC) for the Railroad Canyon Road at 1 -15 Improvements project; and B) Authorize the Honorable Mayor to execute the Amendment Agreement in its final form. Motion by Council Member Tisdale, seconded by Council Member Hickman, to approve the Consent Calendar, less Agenda Item No. 5, passed by unanimous vote with Council Member Manos recusing himself from Agenda Item No. 7. CONSENT ITEMS PULLED (5) Purchase of One Crafco Super Shot 125 Diesel Melter Crack Sealer Machine Recommendation: It is recommended that the City Council authorize the City Manager to sign and issue a purchase order for the amount of $36,510.73 to Crafco for the purchase of a Super Shot 125 Diesel Melter Crack Sealer machine. Mayor Pro Tern Johnson asked Interim Public Works Director Eskandari to explain the process. Interim Director Eskandari explained that the crack sealer machine is one step in the process of the project. The heat works machine repairs potholes in the streets to prevent further deterioration; and the crack sealer machine is the first line of defense when pavement begins to deteriorate. The machine has the capability of sealing 3,000 to 4,000 linear feet a day and helps with the pavement integrity until the slurry seal or overlay of pavement. Motion by Mayor Pro Tern Johnson, seconded by Council Member Manos, to authorize the City Manager to sign and issue a purchase order for the amount of $36,510.73 to Crafco for the purchase of a Super Shot 125 Diesel Melter Crack Sealer machine, passed by unanimous vote. PUBLIC HEARING(S) None Regular City Council Minutes Meeting of November 12, 2013 5(_j1 None BUSINESS ITEM(S) (9) Second Reading and Adoption of Ordinance No. 2013 -1318 Page 5 of 8 Recommendation: It is recommended that the City Council waive further reading and adopt by title only ORDINANCE NO. 2013 -1318 AN ORDINANCE OF THE CITY COUNCIL 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, 15.42, 15.48 AND 15.56 TO LAKE ELSINORE MUNICIPAL CODE ADOPTING THE 2013 CALIFORNIA BUILDING STANDARDS CODE, by roll -call vote. Motion by Council Member Tisdale, seconded by Council Member Hickman, to adopt by title only Ordinance No. 2013 -1318. City Clerk Bloom read by title only ORDINANCE NO. 2013 -1316 AN ORDINANCE OF THE CITY COUNCIL 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, 15.42, 15.48 AND 15.56 TO LAKE ELSINORE MUNICIPAL CODE ADOPTING THE 2013 CALIFORNIA BUILDING STANDARDS CODE, passed by unanimous roll -call vote. (10) 2014 -2015 CDBG Allocation Recommendation: It is recommended that the City Council: A) Adopt the Community Development Block Grant (CDBG) Program for Fiscal Year 2014 -2015; and B) Approve submittal of the City's program to the County of Riverside. Planning Manager MacHott provided an overview of the received applications for allocation of CDBG funds and how the allocations are based and designed. Lastly, he explained the allocations for sidewalk improvements at three (3) streets. The balance of the funds can be used by the County Economic Development Agency for administrative costs. Dorcas Shaktman, President of the Assistance League of Temecula Valley, thanked Council for all their past assistance. Ms. Shaktman requested funds for Operation School Bell which provides new school clothing for students K -12 in the Lake Elsinore, Murrieta, Menifee and Temecula School Districts. Ms. Shaktman provided an overview of the program's benefits to disadvantaged school childien. Mayor Magee asked Ms. Shaktman if she supported staff's recommendation. Ms. Shaktman responded in the affirmative. Grace Sandlin, with Studio 395, thanked Council for their consideration for CDBG funds. Studio 395 is focused on holding sessions for small art businesses along with art classes. Ms. Sandlin announced the Art- a -Tini event. Mayor Magee asked Ms. Sandlin if she supported staff's recommendation. Ms. Sandlin responded in the affirmative. Melissa Diels, with HOPE, stated that she was in attendance to answer questions from Council. Mayor Magee asked Ms. Diels if she supported staff's recommendation. Ms. Diels responded in the affirmative. Regular City Council Minutes Page 6 of 8 Meeting of November 12, 2013 Tom Thomas, with Cops for Kids, stated that most of the funding that they receive is used for homeless children in the City of Lake Elsinore and students at Ortega High School with transportation issues. Mayor Magee asked Mr. Thomas if he supported staff's recommendation. Mr. Thomas responded in the affirmative. Beth Soltysiak, Director of Development with the Boys and Girls Club, thanked Council for their consideration and support. She stated that the Alberhill Clubhouse had a fire that caused damage to the building. Ms. Soltysiak requested additional funds for outstanding invoices that they incurred from the fire damage. Mayor Magee asked Ms. Soltysiak if she supported staff's fund allocation recommendation. Ms. Soltysiak responded that she was hoping for more funding by the City Council. Motion by Council Member Hickman, seconded by Council Member Manos, to adopt the Community Development Block Grant (CDBG) Program for Fiscal Year 2014 -2015; and approve submittal of the City's program to the County of Riverside, passed by unanimous vote. (11) Discussion Regarding Fire Station 60 Recommendation: It is recommended that the City Council provide direction to the City Manager to: A) Calculate direct and indirect costs, including overhead, on a sliding scale based on the time and resources committed to fire service calls in the City of Canyon Lake; and B) Invoice the City of Canyon Lake for fire service calls on a monthly basis. City Manager Yates provided a presentation to Council and explained the possibility of the closure of Fire Station 60 in the City of Canyon Lake. If the fire station closes, the City of Canyon Lake will not have mutual aide resources that they can share with the surrounding communities; therefore, the City of Canyon Lake would be put into assistance by hire status, which is a standard practice for cities that do not have mutual aide resources. The City of Lake Elsinore has proposed to invoice the City of Canyon Lake each time fire resources from Lake Elsinore are dispatched to Canyon Lake. Mayor Magee recognized City of Canyon Lake Council Member Jordan Ehrenkranz who explained that he was in attendance to listen to the discussion only. Council Member Tisdale clarified that Fire Station 94 belongs to the City of Lake Elsinore and by design that station runs into the City of Canyon Lake. The City of Lake Elsinore recently spent a lot of money to open Fire Station 97 along with the equipment. Lake Elsinore worked out a cooperative agreement to share resources with the County because Fire Station 97 runs into the county areas. He also stated the City of Lake Elsinore has been responsible to its residents to ensure that they receive adequate fire protection. Council Member Tisdale stated that when Fire Station 60 closes it will take away from all the efforts that Lake Elsinore has made to have adequate fire protection. Council Member Manos asked how many service calls the City of Canyon Lake currently received per month. Fire Chief Williams responded the total number of calls for service this Regular City Council Minutes Page 7 of 8 Meeting of November 12, 2013 year was between 458 and 644. Council Member Manos asked how the response time will be affected when Fire Station 60 closes. Fire Chief Williams responded that the response time to the northwest side of the lake will increase. Council Member Manos expressed his concern for the lives of residents and hoped that the City of Canyon Lake would reach out to the City of Lake Elsinore to discuss serious issues related to its infrastructure. Council Member Manos stated that he agreed with staff's recommendation. Mayor Pro Tem Johnson stated that communication has been nonexistent from the City of Canyon Lake. She asked if the City of Lake Elsinore has a formalized Memorandum of Understanding (MOU) on file with the City of Canyon Lake. City Manager Yates responded in the negative. Mayor Pro Tem Johnson stated that she is distraught for the residents of Canyon Lake; however, Council has to protect the residents of Lake Elsinore. Mayor Pro Tem Johnson stated that she is in favor of staff's recommendation. Council Member Hickman asked City Manager Yates if he had been in contact with the City of Menifee regarding fire service fees in Canyon Lake. City Manager Yates responded that he has had discussions with staff from the City of Menifee. The concept that Lake Elsinore has is consistent with the City of Menifee and the County of Riverside. Mayor Magee stated that this City has committed and made public safety its priority for its residents. He pointed out that over the past ten years three fire stations have opened in Lake Elsinore with a significant improvement in response time. Since the idea of closing Fire Station 60 began in April, the City of Lake Elsinore has not received any communication of a plan from the City of Canyon Lake. Mayor Magee has been in contact with Menifee Mayor Mann and they have assigned a sub - committee to bring a recommendation to their next meeting. City of Menifee's recommendation may be similar to the Assistance for Hire Program. Mayor Magee also stated that he put this item on calendar for this meeting to take action and protect Lake Elsinore's tax payers. Motion by Mayor Magee, seconded by Council Member Manos, to provide direction to the City Manager to calculate direct and indirect costs, including overhead, on a sliding scale based on the time and resources committed to fire service calls in the City of Canyon Lake; and invoice the City of Canyon Lake for fire service calls on a monthly basis, passed by unanimous vote. PUBLIC COMMENTS — NON- AGENDIZED ITEMS — 3 MINUTES None CITY ATTORNEY COMMENTS City Attorney Leibold thanked Administrative Services Director Riley for his support and wished him good luck. CITY MANAGER COMMENTS City Manager Yates stated that Administrative Services Director Riley will be missed and wished him good luck. Regular City Council Minutes Meeting of November 12, 2013 CITY COUNCIL COMMENTS . -:. Council Member Manos announced that the Lake Elsinore Grand Prix was a huge success. He stated that the event organizers did a great job and thanked Lucas Oil. Council Member Manos also announced that the "Dia de Los Muertos" event was a success and complimented Studio 395 for another quality event. He wished the public a great Thanksgiving. Council Member Hickman commented that the Lake Elsinore Grand Prix was a success and thanked Council Member Tisdale for being a speaker; and thanked City Manager Yates and CJ Stewart for organizing the Veteran's event. He announced the Winterfest on December 6th; free meals for seniors on November 27th at the Senior Center and at the Elk's Club; and Elsinore High School varsity team is playing in the CIF competition. Council Member Hickman thanked outgoing Administrative Services Director Riley. Council Member Tisdale thanked CJ Stewart for organizing the Veteran's event and staff for their hard work. He wished a belated 238th Happy Birthday to all the Marines. Council Member Tisdale stated that the City was going to miss outgoing Administrative Services Director Riley; and wished everyone a Happy Thanksgiving. Mayor Pro Tem Johnson thanked staff for their hard work. She stated that the Grand Prix was a successful event and that Mayor Magee participated in the event. Mayor Pro Tern Johnson announced a new shuttle route from the Lake Elsinore Casino to the Lake Elsinore Outlets, Craft Brewery, La Rebelde Winery, and downtown. The service will start on Friday, November 29th. Mayor Pro Tenn Johnson also stated that she was thankful for the direction of the City, staff, City Council, and for living in the City of Lake Elsinore. Mayor Magee thanked outgoing Administrative Services Director Riley for his commitment and service to the City of Lake Elsinore for the past seven years. He thanked CJ Stewart for her work on the Veteran's Day Observance event. This year was the Grand Prix's 45th Anniversary and he did not receive any complaints of the event. Mayor Magee thanked City Manager Yates, Lake, Parks and Recreation Department Director Kilroy, Manager Davis, Dave Oster, and Bruce Kessman for their participation in the event. He stated it was the best track and competitive course. Mayor Magee wished everyone a Happy Thanksgiving and thanked all the Veterans. ADJOURNMENT Mayor Magee adjourned the meeting at 8:00 p.m. to the next regularly scheduled meeting to be held on Tuesday, December 10, 2013, at the -Elsa re Vallp @Municipal Water District (EVMWD) Boardroom located at 31315 Chaney Stree akeyEin rf California. /<t !L E. Magee, Virginia ,J \Bloom, Y:ity Clerk