HomeMy WebLinkAbout08-24-2010 SSMINUTES
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, AUGUST 24, 2010
CALL TO ORDER
Mayor Melendez called the Joint Study Session to order at 4:00 p.m.
ROLL CALL
PRESENT: MAYOR MELENDEZ
MAYOR PRO TEM BHUTTA
COUNCIL MEMBER BUCKLEY (arrived at 4:15 p.m.)
COUNCIL MEMBER HICKMAN
COUNCIL MEMBER MAGEE
ABSENT: NONE
Also present: City Manager Brady, Director of Administrative Services Riley, Public
Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy,
RDA Analyst Carlson, Senior Planner Harris and Interim City Clerk Cowley.
CITY COUNCIL CLOSED SESSION
(1 a) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Gov't Code
Section 54956.9: 1 potential case
(1 b) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Subdivision (a) of Gov't Code § 54956.9) R Side Medical, LLC; Carlos Stahl vs.
City of Lake Elsinore (Riverside Superior Court Case No. RIC10010236)
PRESENTATIONS / CEREMONIALS
Presentation by Larry Rubio of the Riverside Transit Authority on Google Transit
Joint City Council Study Session Page 2 of 8
August 24, 2010
CONSENT CALENDAR
(2) Approval of Minutes
Recommendation: It is recommended the City Council approve the following
minutes:
a) Regular City Council Meeting -July 27, 2010
b) Joint City Council /Redevelopment-Meeting - July 13„ 1010 and July 27,
2010
(3) Warrant List Dated August 12, 2010
Recommendation: Authorize payment of Warrant List dated
August 12, 2010.
Council Member Hickman asked about Warrant No. 103731 payable to International
Code Council in the amount of $4,198.81 and was advised the cost was for updated
Building Codes.
Mayor Pro Tem Bhutta asked about Warrant No. 103713 payable to Down's Fueling in
the amount of $9,539.11 and was advised that was for fuel for the vehicles.
Mayor Melendez asked about the following warrants:
• Check No. 103727 payable to Hemet Fence Company in the amount of $684.00 was
for damage to city property which was reimbursed by the claimant's insurance
company.
• Check No. 103743 payable to Murrieta Lock & Safe, Inc. in the amount of $576.70
was for the lock installed on the City Clerk's door. Murrieta Lock & Safe was the
only company who provided this type of lock
• Check No. 103770-103782 payable to Southern California Edison in the amount of
$55,736.77 was payment for utility use at various locations in the City.
(4) Investment Report for the Month of July, 2010
Recommendation: It is recommended the City Council receive and file.
(5) Lake Elsinore Municipal Code Waivers for Gladiator Mud Run Special Event
Recommendation: It is recommended the City Council waive Lake Elsinore
Municipal Code Section 8.40.040A (Alcohol is prohibited in City parks) and
Section 9.28.030 (Furnishing alcoholic beverages in public) for the proposed
Gladiator Mud Run Special Event, subject to compliance with all other conditions
for the event.
Joint City Council Study Session Page 3 of 8
August 24, 2010
(6) Consideration of Construction Contract Award - Lakeshore Drive Street
Improvements from Viscava Street to Kansas Street Project No 4345
Recommendation: It is recommended the City Council: (1) award the Lakeshore
Drive Street Improvements from Viscaya to Kansas Street to EBS, Inc., for the
amount of $582,916.50; (2) approve a 10% contingency in the amount of
$58,300.00; (3) authorize the City Manager to execute the contract with KDM
Meridian Survey in the amount of $19,710.00; (4) authorize the City Manager to
execute the contract with City & County Soil Engineering and Testing Corp in the
amount of $10,125.00; and (5) Authorize the transfer of $166,200.00 from Fund
110-Prop 41 (Diamond Drive Rehabilitation) to Fund 112 to cover the higher
than expected construction cost.
Mayor Pro Tern Bhutta asked several questions regarding EBS to which staff advised
that EBS was from Corona and that reference checks were completed before
recommending contract award. Thereafter followed a general discussion regarding the
project.
(7) Consideration of Construction Contract Award Historic Downtown Riverwalk
Project No. 4329
Recommendation: It is recommended the City Council award the Historic
Downtown Riverwalk from Pottery Street to Riverside Drive to Vance
Corporation, Inc., for the amount of $455,055.76; (2) approve a 10% contingency
in the amount of $45,500.00; and (3) authorize the City Manager to execute the
contract with LOR Geotechnical group, Inc. in the amount of $10,125.00.
Mayor Pro Tern Bhutta requested a description of the project to which Director of Public
Works Seumalo provided Council with a brief description of the walk way and bike path
but did not know the actual footage length of the pathway. A brief discussion continued
regarding the award being made to the lowest bidder and staff should attempt to award
bids to local companies. The Mayor suggested benches and other amenities to be
added to the project.
(8) Consideration of Replacement of Clarifier System at City Corporate Yard
Recommendation: It is recommended the City Council (1) authorize staff to
purchase the Hydro Tek Hydro Loop system from CM Wash Equipment; and (2)
authorize a not to exceed amount of $66,901.30 from the City's NPDES funds for
the purchase and installation of the Hydro Tek Hydro Loop system.
A general discussion ensued regarding the age of the current system and questioned
the comments in the report that "liquids, oil grease, water, fuel, chemicals, etc. are
disposed of into the storm drain system and ultimately the Lake." It was explained to
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August 24, 2010
Page 4 of 8
Council that hazardous waste is not dumped into the storm drain system and the
clarifier system is used to filter the hazardous material that would otherwise go into the
storm drain system thereby preventing the contaminants from going into the storm drain
system and Lake. Staff was cautioned about making sure those types of statements
are clearly written in future reports.
(9) Consideration of Contract Agreement Review for Hartzog and Crabill, Inc.,
Regarding Traffic Operations Services for City Traffic Signals _
Recommendation: It is recommended the City Council approve the use of
Hartzog and Crabill, Inc. for the second year of a three year contract per the
agreement dated February 24, 2009, to provide traffic operations services of City
traffic signals.
(10) Consideration of Purchase Order for Contract Plan Check Services for Fiscal
year 2010-2011
Recommendation: Authorize the City Manager to approve a Purchase Order in
the amount of $82,500 for Scott Fazekas and Associates to provide plan check
services for fiscal year 2010-2011.
Mayor Melendez suggested using local companies to perform this type of service.
Mayor Pro Tern Bhutta asked how much was paid out to Scott Fazekas last year
Building Official Chipman replied they were paid approximately $40,000.
Council Member Hickman asked about time constraints. Building Official Chipman
stated the turn around is approximately 10 working days.
PUBLIC HEARING(S)
(11) Appeal of the Planning Commission's Action Relative to the Denial of Conditional
Use Permit No. 2010-02 to Establish and Operate a Church within an Existing
Building Located at 169 North Main Street
Recommendation: It is recommended that the City Council either: (1) uphold the
Planning Commission's August 3, 2010 decision resulting in the denial of the
proposed church facility located at 169 North Main Street; or (2) reject the
Planning Commission's August 3, 2010 decision and approve the proposed
church facility.
William Hugron addressed City Council regarding the Planning Commission decision
and advised Council that they have an agreement with Ibarra's Market for use of its
parking and they would be cognizant of not utilizing all of the street parking.
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August 24, 2010
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Council Member Magee asked questions about public outreach. William Hugron
addressed Council Member Magee's concerns.
Council Member Hickman asked about having an agreement with the apartments for the
parking issues. He also asked whether the church was planning to open a day care.
Pastor Lopez advised that they hope to have a day care and school in the future but not
at this time. Pastor Lopez responded to the questions pertaining to the days the church
planned to use the building.
Thereafter followed a discussion regarding the use of the building, the times and days of
use, the added parking and having the improvements made before the Conditional Use
Permit was approved.
Mayor Pro Tern Bhutta asked how many are currently in the congregation. Pastor
Lopez responded by saying there are approximately 70 members.
Council Member Buckley questioned the parking situation. Mr. Wiggins responded by
saying Pastor Lopez spoke to the surrounding businesses and there was no opposition
to the church using the surrounding parking spaces. .
Mayor Melendez requested copies of all correspondences received before the 7:00 p.m.
meeting.
APPEAL(S)
See Public Hearings.
BUSINESS ITEM(S)
(12) Second Reading - Adoption of Ordinance No 2010-1280 Amending and
Restating Chapter 15.64 of the Lake Elsinore Municipal Code Regarding Flood
Damage Prevention (Introduced by title only and reading waived at meeting of
August 10. 2010)
Recommendation: It is recommended the City Council, on second reading,
adopt Ordinance No. 2010-1280 by title only and waive further reading.
(13) Second Reading - Adoption of Ordinance No 2010-1285 Rescinding Ordinance
No. 1264 that Approved Zone Change No 2008-02 Changing the Zoning
designation of Assessor Parcel Number 389-030-014 015, 016, 017, and 018
from R-1 Single family Residential to C-1 Neighborhood Commercial District
Under the Zoning Ordinance (introduced by title only and reading waived at
meeting of August 10, 2010)
Recommendation: It is recommended the City Council, on second reading,
adopt Ordinance No. 2010-1285 by title only and waive further reading.
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August 24, 2010
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A brief discussion ensued regarding the affect the ordinance would have on the General
Plan and that the residents would still be opposed to the land use designation of
commercial.
(14) Consideration of a Resolution Supporting Proposition 22
Recommendation: it is recommended that the City Council adopt Resolution
No. 2010-058 Supporting Proposition 22.
(15) Consideration of a Resolution Supporting Proposition 23
Recommendation: It is recommended the City Council adopt Resolution No.
2010-059 Supporting Proposition 23.
Council Member Buckley requested that the City Clerk be directed to forward a copy of
Resolution No. 2010-059 to Southern California Association of Governments upon
approval.
The City Council recessed and convened to the Redevelopment Agency at 4:42 p.m.
REDEVELOPMENT AGENCY
ROLL CALL
CLOSED SESSION
(1a) CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9:
1 potential case
(1 b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8)
Property: APN 373-023-026
Agency Negotiator: Executive Director Brady
Negotiating parties: Lake Elsinore Redevelopment Agency and Mamie Miller
Hunt Estate
Under negotiation: Price and terms of payment
Chairman Magee called the meeting to order at 4:42 p.m.
CLOSED SESSION
Agency Counsel Leibold announced that the City Council would recess to Closed
Session at 5:00 p.m. to discuss the following Closed Session items (1a) and (1b).
(2) Approval of Redevelopment Agency Minutes
Joint City Council Study Session
August 24, 2010
Page 7 of 8
Recommendation: Approve the following minute(s):
a) Joint City Council/Redevelopment Agency Meetings - July 13, 2010 and
July 27, 2010
b) Regular Meeting - July 27, 2010
(3) Warrant List Dated August 12, 2010
Recommendation: Authorize payment of Warrant List dated August 12, 2010.
(4) Investment Report -July 2010
Recommendation: The Agency Board to receive and file the Investment Report
of July 2010.
PUBLIC HEARING(S)
No public hearings scheduled.
BUSINESS ITEMS)
No business items scheduled.
PUBLIC COMMENTS - NOWAGENDIZED ITEMS
There were none.
PUBLIC COMMENTS - NON AGENIZED ITEMS - 3 MINUTES
There were none.
EXECUTIVE DIRECTOR COMMENTS
There were none.
LEGAL COUNSEL COMMENTS
There were none.
The City Council reconvened at 4:44 p.m.
CITY COUNCIL COMMENTS
There were no comments.
Joint City Council Study Session
August 24, 2010
ADJOURNMENT
Page 8 of 8
The Lake Elsinore City Council adjourned at 4:45 p.m. to a regular meeting to be held
on Tuesday, August 24, 2010, at 7:00 p.m. to be held in the Cultural Center located at
183 N. Main Street, Lake Elsinore, CA 92530.
MELISSA MELENDEZ, MAYOR
CITY OF LAKE ELSINORE
A
CAROL COWLEY, INTERIM CITY
CITY OF LAKE ELSINORE