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HomeMy WebLinkAbout09-13-2016 City Council MinutesLA LS I NOI�L- City of Lake Elsinore Meeting Minutes City Council Tuesday, September 13, 2016 Call to Order A Regular meeting of the Council of the City of Lake Elsinore was held in the Cultural Center, 183 North Main Street, on the above date. The meeting was called to order at 5:00 p.m. by Mayor Tisdale, with all Members present. There being no members of the public appearing to speak, the meeting recessed at 5:03 p.m. to Closed Session. Closed Session 1) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) Pacific Clay Products, Inc. v. City of Lake Elsinore Superior Court Case No. RIC 1608797 2) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) Castle & Cooke Alberhill Homebuilding, Inc. v. City of Lake Elsinore Superior Court Case No. RIC 1610778 3) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) Western Riverside Council of Government vs. City of Lake Elsinore Arbitration - REF# 1120012917 [AALRR- Cerritos.006243.00005 4) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (3) of subdivision (d) of Gov't Code Section 54956.9: 1 potential case 5) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956.8) Property: APNs 374 - 174 -013, 374 - 174 -016 Agency negotiator: City Manager Yates Negotiating parties: City of Lake Elsinore and Thomas Anthony Martin DBA The Wreck Under negotiation: Price and terms of payment Call to Order Mayor Tisdale reconvened the meeting at 7:00 p.m. Page 1 Pledge of Allegiance The Pledge of Allegiance to the Flag was led by Fire Chief Dakin. Invocation — Moment of Silent P Mayor Tisdale requested a moment of silence. Roll Call Present: Council Members Hickman, Johnson and Manos, Mayor Pro Tern Magee and Mayor Tisdale Absent: None Presentations / Ceremonials Constitution Week Proclamation - Mayor Tisdale presented the proclamation to Joyce Hohenadl and lone Boehmler. Lower Community Facility Districts Taxes _Update - Assistant City Manager Simpson provided a Power Point presentation of the Community Facilities Districts Taxes Update and responded to comments from the Council. Closed Session Report/City Attorney Comments City Attorney Leibold announced that the Council voted unanimously to add one Closed Session Item pursuant to Government Code Section 54954.2(b)(2) which was discussed under the authority of existing litigation Government Code Section 54956.9(d)(1), Pacific Clay vs. City of Lake Elsinore. Attorney Leibold listed the items discussed in Closed Session and stated that there is no reportable action. City Council Comments Council Member Hickman announced that his wife, Amy Hickman, assisted with the Lake Elsinore Salvation Army's Child Spree event; reported that he attended the 9/11 Remembered, 15 Year Anniversary ceremony on Sunday; September 11th; and, provided results from the First Mile -Last Mile Mobility Study, that was completed by Riverside Transit Agency. Council Member Manos reported that he attended the 9/11 Remembered, 15 Year Anniversary ceremony on Sunday, September 11th; and, announced the Lake Elsinore Car Cruise events will continue on September 24th, October 29th, and November 26th which will be combined with the Art on Main and the Dia De Los Muertos celebration on October 29th Council Member Johnson announced the Art Show will be held September 29th through October 1St; and, encouraged everyone to download the Alert LE App. Mayor Pro Tern Magee noted that the Press Enterprise published a score card with 21 of the best local businesses in the Inland Empire and 5 of the businesses were located in the City of Lake Elsinore; announced the Lucas Oil Off Road Race will be September 2311 — 24th; and invited everyone to attend the Susan G. Komen race on October 16th and the 48 1h Lake Elsinore Grand Prix on November 12th — 13th Mayor Tisdale noted the grand re- opening ceremony for the Navy Federal Credit Union was today; invited everyone to attend the Emergency Preparedness Fair on September 17th at Lowe's Home Improvement store; and, announced the Healthy LE Grocery Store Tour at Cardenas Market on September 15th, the Amazing Outlet Race on September 24th and the State of the City on the September 29th Page 2 City Manager Comments City Manager Yates introduced City Engineer Fagrell who provided a Power Point presentation on the Gunnerson Street Rehabilitation and Gunnerson Street / State Route 74 Safety Improvements projects. City Manager Yates stated that the 2040 Strategic Plan subcommittee is composed of Mayor Tisdale and Mayor Pro Tern Magee and the City commissioned True North Consulting to conduct a public opinion survey and encouraged everyone to respond to the survey. Public Comments — Nan- AgendizedItems Appearing speak were: Peter Dawson, Ace Vallejos, Chris Hyland, Chance Edmondson, Sharon Gallina, and Dee Baulk. Consent Calendar It was moved by Council Member Johnson, seconded by Council Member Manos, and unanimously carried, to approve the Consent Calendar. Item Nos. 9 and 12 were removed from the Consent Calendar and are listed below. 1) Warrant List Dated August 25,201 - approved. 2) Minutes of the Regular Meetings of Janua 12th and 26th and February 9th and 23rd; and the Special Meeting of February-1 1 - approved. 3) Change Order No. 1 to Public Works' Construction Agreement with Wheeler Paving Inc. for the Concrete Flat Work at Rosetta Canyon Sports Park Phase 11 Promect CIP PROJECT #Z40004 authorized the City Manager to execute the Change Order No. 1 in an amount not to exceed $36,555.25 with Wheeler Paving Inc. 4) Waive further reading and adopt by title onIV Ordinance No. 2016 -1363 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA CEASING THE FACILITIES SPECIAL TAX OBLIGATION WITHIN IMPROVEMENT AREA C OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005 -2 (ALBERHILL RANCH) AND ORDERING THE RECORDATION OF A NOTICE OF CESSATION OF SPECIAL TAX LIEN WITHIN IMPROVEMENT AREA C AND AMENDING ORDINANCE NO. 1163 TO REPEAL THE AUTHORITY OF THE DISTRICT TO LEVY FACILITIES SPECIAL TAXES 5) Independent Contractor Agreement for Instruction - Early Learners — approved the agreement for Instruction - Early Learners. 6) Change Order No 2 to Public Works' Construction Agreement with SCW Contracting_Corr) for the steel fabrication and installation of handrails and guardrails at Rosetta Canyon Sorts Park Phase 11 Proiect (CIP PROJECT #Z40004) - authorize the City Manager to execute Change Order No. 2 in an amount not to exceed $149,000.00. 7) Lake Elsinore Facilities Financing.Authori!y Joint Exercise of Powers Agreement — adopted the Resolution. Resolution No. 2016 -109 A RESOLUTION OF THE CITY COUNCIL OF THE AUTHORIZING THE EXECUTION AND DELIVERY AGREEMENT BY AND BETWEEN THE CITY OF AUTHORITY OF THE CITY OF LAKE ELSINORE Page 3 CITY OF LAKE ELSINORE, CALIFORNIA, OF A JOINT EXERCISE OF POWERS LAKE ELSINORE AND THE PARKING 8) Agreement with Athletic Field Specialists for the Ball Field Laser Leveling of the Clay Infield Mix at Rosetta Canyon Sports Park Phase II Project CIP PROJECT #240004 - authorized the City Manager to execute the agreement in an amount not to exceed $74,750. 10) Agreement for the Emergency Repairs at the Lake Elsinore Senior Activity Center with Maples and Associates for On -Call Services - awarded the agreement; authorized the City Manager to execute the agreement in an amount not to exceed $183,284.92; and, appropriated an additional $200,000 for the Senior Center CIP Project. 11) Chan e Order No. 3 to Public Works' Construction Agreement with Hellas Construction for the Synthetic Turf Installation at Rosetta Canyon Sports Park Phase II Project CIP PROJECT #240004 - authorized the City Manager to execute Change Order No. 3 in an amount not to exceed $66,783.06 with Hellas Construction Inc. 13) Change Order No. 2, Serenity Parr Phase 2, project No. Z40005 - approved Contract Change Order No. 2 with Aneen Construction increasing the contract by $7,500. 14) Road Closures for 2016 Lake Elsinore Car Cruises - approved temporary road closures on Graham Avenue as identified in the Car Cruise Traffic Plan on September 24, 2016, October 29, 2016, and November 26, 2016 from 1:30 p.m. to 8:00 p.m. Items Removed from Consent Calendar 9) Purchase of Concession Stand Equipment from the Webstaurant Store for Rosetta Canyon Sports Park Phase II Z40004 Appearing to speak was: Paulie Tehrani. City Attorney Leibold explained that the developer dedicated the land to the City. It was moved by Council Member Johnson, seconded by Council Member Manos, and unanimously carried, to authorize the City Manager to sign and issue the purchase order for $36,145.20; and, waive the formal bidding process per Municipal Code Section 3.08.070(G). 12) State of California Department of Park_ s and Recreation Division of Boating and Waterways for Patrol Boat Grant Appearing to speak was: Bentley Brown. Police Chief Hollingsworth advised Mr. Brown to refer to a letter that was mailed to him and explained how the citations work. It was moved by Council Member Johnson, seconded by Council Member Manos, and unanimously carried, to authorize the acceptance of the Patrol Boat Grant in the amount of $74,470; and, authorized the City Manager to execute the agreement for a term of 15 years, for the purchase of a vessel and trailer suitable for boating safety and enforcement action. Public Hearing(s) 15) General Street Vacation for a Portion of an Alley The Public Hearing was opened at 8:12 p.m. There were no Conflict of Interest disclosures. City Clerk Domen affirmed Proof of Publication and noted that zero pieces of correspondence had been received. Page 4 City Engineer Fagrell provided a Power Point presentation. There were no members of the public appearing to speak. The Public Hearing was declared closed at 8:14 p.m. It was moved by Council Member Manos, seconded by Council Member Hickman, and unanimously carried, to adopt the Resolution; approve the Quitclaim Deed and direct the City Clerk to record the document with the County of Riverside Recorder's office. Resolution No. 2016 -110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, VACATING A PORTION OF A PUBLIC ALLEY BETWEEN MAIN AND ELLIS STREET, NORTH OF FLINT STREET, RESERVING AN EASEMENT FOR EXISTING UTILITIES, AND AUTHORIZING THE PROCESSING OF A QUITCLAIM 16) Conditional Use Permit 2012 -06 and Commercial Design Review 2016 -03: A Recreational Project Which Incorporates a Camping Facility Boat Launch, and a 15 Berth Dock Mayor Tisdale announced the Public Hearing was continued from August 23 Id and opened at 8:15 p.m.; noted that the Proof of Publication and complete files and exhibits are on file with the City; and the item is being request to be continued. Director of Community Development Taylor provided the Staff Report noting that the applicant submitted a letter requesting continuance and has not done the required public outreach and if the applicant comes back with other options or completing the outreach then the hearing would be re- noticed. There were no members of the public appearing to speak. Director Taylor and City Attorney Leibold responded to comments from Council. The Public Hearing was declared closed at 8:22 p.m. and will be re- noticed at a future date. Business Item (s) 17) Planning Commission Appointment to Fill a Vacant Mayor Pro Tern Magee provided the Staff Report and nominated Rendell Klaarenbeek to serve the unexpired term ending June 30, 2018. Rendell Klaarenbeek introduced himself and provided a brief history of his professional experience. It was moved Mayor Pro Tem Magee, seconded by Council Member Hickman, and unanimously carried, to appoint Rendell Klaarenbeek to the Planning Commission. 18) Adoption of City of Lake Elsinore Economic Development Strategic Plan Economic Development Consultant Bracken provided a Power Point presentation on the Economic Development Strategic Plan. Appearing to speak was: Kerrie Reuther. Consultant Bracken responded to comments from Council. Page 5 Council Member Manos stated that he is not in favor of an escrow pre - closing inspection. It was moved by Council Member Manos, seconded by Council Member Johnson, and unanimously carried, to adopt the City of Lake Elsinore Economic Development Strategic Plan without the escrow pre - closing inspection requirement. Recess /Reconvene The meeting recessed at 9:20 p.m. to the Successor Agency meeting and reconvened at 9:21 p.m. with all Members present. Public Comments — Non- Agendized Items Appearing to speak were: Ace Vallejos, Pierre Cobbert, Bentley Brown, Pete Dawson, Chris Hyland, Myles Ross, Sharon Gallina, and Paulie Tehrani. Adiournment The meeting adjourned at 9:40 p.m. to the Regular meeting of Tuesday, September 27, 2016, located at the Cultural Center at 183 N. Main Street, in memory of Ralph Swick and Randy Schultz. Brian Tisdale Mayor C�D Ct Susan M. Domen, MMC City Clerk Page 6