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Home My WebLink About11-23-2010 SSMINUTES JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 23, 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 HICKMAN COUNCIL MEMBER MAGEE ABSENT: COUNCIL MEMBER BUCKLEY (arrived at 4:39 p.m.) Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Redevelopment Analyst Carlson, NPDES Coordinator Thompson, Building Official Chipman and City Clerk Cowley. CITY COUNCIL CLOSED SESSION (1a) 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) (1 b) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9) Carlos Stahl vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10020759) (1c) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case (1d) PUBLIC EMPLOYMENT (GOV'T CODE & 54957) CITY CLERK Joint City Council Study Session November 23, 2010 PRESENTATIONS / CEREMONIALS Page 2 of 8 Presentation of Spirit of Courage Award to canine trainer and TIP Awardee from Lake Elsinore Police Department Mayor Melendez requested the Council add an item to the Presentation/Ceremonial portion of the Agenda, a letter of appreciation to the Unity in the Community Parade organizers. It was moved by Mayor Melendez and seconded by Council Member Hickman to add a letter of appreciation to the organizers of the Unity in the Community Parade under Presentation/Ceremonial. The motion carried by the following vote: AYES: Council Members: Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; NOES: None; ABSENT: Council Member Buckley. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE There were no comments. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the following minutes: a) Joint City Council /Redevelopment Agency Meeting - November 23, 2010 (3) Warrant List Dated November 15. 2010 Recommendation: Authorize payment of Warrant List dated November 15, 2010. Mayor Pro Tern Bhutta asked about the following warrants and staff provided the following responses: • Warrant No. 104454 to A & E Glass Repair, Inc in the amount of $735.20 was for repair of a broken window in the Engineering Division at City Hall. • Warrant No. 104455 to Alliance Environmental & Compliance in the amount of $1,800 was for the removal of an asbestos pipe located at the intersection of Mountain and Lake Street. • Warrant No. 104509 to Pauley Equipment of Temecula, Inc in the amount of $1,758.42 was to repair a tractor which is used by the Public Works Department for the Weed Abatement Program. Joint City Council Study Session November 23, 2010 Page 3 of 8 Warrant No. 104537 to Sungard Public Sector, Inc. in the amount of $40,340.96 was for the annual renewal license. City Manager Brady indicated the renewal is under the IT Department and is paid yearly. (4) Investment Report for October 2010 Recommendation: It is recommended the City Council receive and file the Investment Report for October 2010. Council Member Hickman stated he appreciated the report prepared by the Finance Department. (5) Notice of Cessation of Special Tax - 29456 Villaae Parkwa Recommendation: It is recommended the City Council direct the City Clerk to execute the Notice of Cessation of Special Tax for 29456 Village Parkway and submit the executed document to the Riverside County Recorder's office for recordation. Council Member Magee asked which unit this was for. Dennis Anderson with Francisco & Associates indicated the Notice of Cessation of Special Tax was for one unit at 29456 Village Parkway which is a model home. He stated they can only pay off the tax if there is a building in place and the City cannot pay off a vacant lot. (6) Consideration of Winterfest Celebration and Street Closures Recommendation: It is recommended the City Council approve temporary street closures for the Winterfest event on December Td from 1:00 p.m. to 11:00 p.m. for Main Street, Graham Avenue, Sulphur Street and Limited Avenue. Council Member Hickman asked how much snow the City would be supplying for the event. Director of Lake and Aquatics Kilroy replied by saying he did not have the exact amount of snow that would be delivered, but did say the cost was approximately $5 thousand. (7) Consideration of National Pollutant Discharge Elimination System Urban Runoff Discharge Permit Implementation Agreement Santa Ana Region Recommendation: It is recommended the City Council approve the NPDES Urban Runoff Discharge Permit Implementation Agreement and authorize execution by the Mayor. Mayor Pro Tem Bhutta noted the estimated cost would be $41,000 for fiscal year 2010- 2011 and asked what the costs were previously. NPDES Coordinator Rita Thompson stated the previous year was $4,000. She stated the reason for the increase was for Joint City Council Study Session Page 4 of 8 November 23, 2010 the new permit fees issued by the Santa Ana Regional Board have increased. Mayor Pro Tem Bhutta asked if the City was informed of the increase. Ms. Thompson replied by saying, during the negotiation process for the new permit, one of the issues was the cost increase. She stated the City requested to defer or delay the implementation and they refused. Mayor Melendez requested Ms. Thompson to explain the increase to the audience at the 7:00 p.m. meeting. Ms. Thompson stated the cost increases were mainly for new plans that were implemented which included monitoring within the water shed. Mayor Melendez asked if there was a particular board that made the decision. Ms. Thompson stated it was the Santa Ana Regional Water Quality Control Board. Mayor Melendez requested Ms. Thompson to forward to the Council the names of all the Board Members. Council Member Magee concurred with the Mayor's comments. He stated part of the Council's responsibility is to make sure that the City has adequate funds available to close all of the County's landfills. He stated the increase is simply to fund needless regulations and to provide additional employment in Sacramento. He stated the newest member of the Regional Water Quality Control Board for the Santa Ana Region is Greg Morrison. (8) Consideration of Award of Construction Contract for the Annual Concrete Maintenance Program Project No. 4024 Recommendation: It is recommended that the City Council: (1) award the annual Concrete Maintenance Program to Above All Names Construction Services, Inc. in the amount of $130,000.00; and (2) authorize the City Manager to execute the contract with Above All Names Construction Services, Inc. in the amount of $130,000.00. City Manager Brady requested items 8 and 9 be pulled and requested the City Council reject all bids for these projects. He stated the projects would be going back out to bid due to some concerns in the bidding process. (9) Consideration of Award of Construction Contract for the Annual Asphalt Maintenance Program Project No. PMP 11 Recommendation: It is recommended that the City Council: (1) award the annual Asphalt Maintenance Program to Hardy & Harper, Inc. in the amount of $282,000.00; and (2) authorize the City Manager to execute the contract with Hardy and Harper, Inc. in the amount of $282,000.00. (10) Consideration of Encroachment Agreement for a Retaining Wall at 32375 Ontario Way Recommendation: It is recommended the City Council approve the Encroachment Agreement; authorize the City Manager to execute the document; and record the Easement Agreement with Riverside County. Joint City Council Study Session Page 5 of 8 November 23, 2010 Council Member Magee thanked staff for all their efforts. He stated the applicant built a retaining wall outside his property line. He stated the error was discovered by the inspectors and they requested the applicant correct it. He stated the addition is a tremendous investment and enhances the property. He thanked staff for their patience. Mayor Pro Tern Bhutta asked City Attorney Leibold to comment on the agreement. City Attorney Leibold replied that she drafted the agreement which states that the City would not be held responsible for any damages or liability to the retaining wall. Mayor Pro Tern Bhutta asked if there were adjacent properties that might consider the same. Director of Public Works Seumalo stated the property is located at the end of Ontario Way. He stated this property is mostly impacted by the drainage; however, it does fall adjacent to other properties. Council Member Hickman asked if the applicant had a land surveyor show him where the property lines were. Director of Public Works Seumalo stated he was not aware of what the applicant's methods were for construction, but stated the agreement is not just for drainage but also to include maintenance. Mayor Melendez stated it bothers her that everyone in his neighborhood knows what he did, and he constructed the wall regardless. Director of Public Works Seumalo stated the error was discovered by the inspectors. He stated when the error was discovered, the applicant came to city hall and expected the City to come to an agreement and move forward. Mayor Melendez asked staff if the applicant would be present for the 7:00 p.m. meeting. City Attorney Leibold confirmed that she spoke with the applicant earlier and confirmed he would be present. PUBLIC HEARING(S) (11) Public Hearina - Local Conditions Recommendation: It is recommended the City Council: (1) adopt Resolution No. 2010-067 setting forth findings with respect to local conditions; and (2) waive further reading and introduce by title only Ordinance No. 2010-1287 Amending Chapters 15.02, 15.20, 15.24, 15.38, 15.40, and 15.56 and adding Chapters 15.06, 15.32, 15.42 and 15.48 to the Lake Elsinore Municipal Code adopting the 2010 California Building Standards Code. Council Member Hickman asked the Building Official if this requirement is only for two- story homes or whether it was a requirement for single story homes as well. Building Official Chipman stated all newly constructed single family homes would be required to have sprinkler systems installed. Joint City Council Study Session Page 6 of 8 November 23, 2010 Mayor Pro Tern Bhutta stated the information on page 3 of 27 in item no. 9 conflicts with page 25 and requested Building Official Chipman to clarify. Building Official Chipman stated that item no. 9 addresses the exceptions to the code. He stated all newly constructed single-family homes are going to be required to have sprinkler systems installed. He stated the section addresses existing structures that had alterations. He stated the sprinkler system would be designed in a way that should a fire occur, not all sprinklers would be activated; only the one that is necessary. He indicated the code is confusing and he would research the code for her further. APPEAL(S) There is none scheduled. BUSINESS ITEM(S) (12) Second Reading - Adoption of Ordinance No. 2010-1286 Amending Chapter 15.04 of the Lake Elsinore Municipal Code Designating Very High Fire Hazard Severity Zones in Lake Elsinore Recommendation: It is recommended the City Council, on second reading, adopt Ordinance No. 2010-1286 by title only and waive further reading, Amending Chapter 15.04 of the Lake Elsinore Municipal Code Designating Very High Fire Hazard Severity Zones in Lake Elsinore The City Council recessed to the Redevelopment Agency at 4:28 p.m. REDEVELOPMENT AGENCY Chairman Magee called the meeting to order at 4:28 p.m. ROLL CALL PRESENT: CHAIRMAN MAGEE MEMBER BHUTTA MEMBER HICKMAN MEMBER MELENDEZ ABSENT: VICE-CHAIR BUCKLEY Also present: Executive Director Brady, Agency Counsel Leibold, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Redevelopment Analyst Carlson, NPDES Coordinator Thompson, Building Official Chipman and Secretary Cowley. Joint City Council Study Session November 23, 2010 CLOSED SESSION Page 7 of 8 Agency Counsel Leibold announced the Agency Board would recess to Closed Session at 5:00 p.m. to discuss the following item: (1a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9 CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Joint City Council/Redevelopment Agency Meeting - November 9, 2010. (3) Warrant List Dated November 15. 2010 Recommendation: Authorize payment of Warrant List dated November 15, 2010. (4) Investment Report - October 2010 Recommendation: Receive and File the Investment Report for October 2010. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEM(S) No business items scheduled. ADJOURNMENT The Redevelopment Agency adjourned at 4:29 p.m. The City Council reconvened at 4:29 p.m. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council would adjourn to Closed Session at 5:00 p.m and the City Council would discuss Closed Session Items 1a through 1d as listed on the agenda. Joint City Council Study Session November 23, 2010 ADJOURNMENT Page 8 of 8 There being no further business to come before the City Council, the meeting was adjourned at 4:30 p.m. to closed session at 5:00 pm and the regular meeting at 7:00 p. M. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE A QAROL COWLEY; INTERIM (O FY CLERK CITY OF LAKE ELSINORE