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HomeMy WebLinkAbout02-08-2011 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 8, 2011 .............................................................................. ............................... CALL TO ORDER Mayor Bhutta called the City Council Meeting to order at 7:00 p.m. ROLL CALL PRESENT: MAYOR BHUTTA MAYOR PRO TEM MAGEE COUNCIL MEMBER HICKMAN COUNCIL MEMBER MELENDEZ COUNCIL MEMBER TISDALE ABSENT: NONE Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Public Works Director /City Engineer Seumalo, Building & Safety /Code Enforcement Manager Chipman, Director of Lake and Aquatics Kilroy, Police Lieutenant Anne, Fire Chief Lawson, City Clerk Bloom and Office Specialist Porche. CITY COUNCIL CLOSED SESSION (1 a) 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 LITGATION (Subdivision (a) of Gov't Code § 54956.9) In Re the Darwin Rogers Booster Trust Dated 7127/2005 (Riverside Superior Court Case No. RIP 095875) (1 c) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 3 potential cases Section 54956.9: 2 potential cases City Attorney Leibold announced that Closed Session items 1a through 1c as listed on the agenda were discussed during closed session and there was no reportable action. Regular City Council Meeting February 8, 2011 Page 2 of 11 PRESENTATIONS / CEREMONIALS • Pioneer Lumber • Matt Norkin • Tom Jessup of the Mountainview Small Animal Hospital Mayor Bhutta presented Pioneer Lumber with a Certificate of Recognition for being one of the oldest businesses in town. She indicated Pioneer Lumber has been serving the City of Lake Elsinore for eighty -three years. Mayor Bhutta presented Mr. Tom Jessup with a Certificate of Recognition, the owner and operator of the Mountainview Small Animal Hospital. Mayor Bhutta presented Matt Norkin with a Certificate of Recognition for serving the community for four years at the City's Chamber of Commerce. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 1 MINUTE Randon Lane introduced himself to the Council as the Public Affairs Manager for The Gas Company in this area. He stated that he would be meeting with several businesses in the community to answer any questions. Sherri Been, resident of Lake Elsinore advised the Council that she hosts a support group on a monthly basis for parents of children who have been diagnosed with autism. Perla Mazari, business owner in the community requested some assistance from the Council on getting approval to have a septic system installed at her business. City Manager Brady explained that this house was approved for a septic system as long as the dwelling remained residential. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended that the City Council approve the following minutes: a) Special City Council Meeting —January 11, 2011 b) Joint Study Session Meeting — January 11, 2011 c) Regular City Council Meeting - January 11, 2011 (3) Warrant Lists Dated January 31, 2011 Recommendation: Authorize payment of Warrant Lists dated January 31, 2011. Regular City Council Meeting February 8, 2011 Page 3 of 11 (4) Third Amendment to Parks Landscape Maintenance Service Contract Recommendation: It is recommended the City Council to authorize the City Manager to make modifications to the Scope of Services and execute the "Third Amendment to Services Contract ", subject to minor modifications to the contract approved by the City Attorney. (5) Street Closures and Disbursement for the "Unity In The Community Parade ". Recommendation: It is recommended that the City Council approve temporary street closures for the Unity Parade on February 26th and disbursement in the amount of $3,326.00. (6) Agreement for Professional Services to DMC Design Group For the Sumner and Heald Avenue Overlay Project No. 4349 Recommendation: It is recommended that the City Council: (1) Award the Design for the Sumner and Heald Avenue Overlay Improvement to DMC Design Group in the Not -to- Exceed fee of $117,648; and (2) Authorize the City Manager to execute the contract with DMC Design Group. (7) Agreement For Design Survey Service to CNC Engineering For the Riverside Drive Sidewalk Improvements Proiect Number 4356 Recommendation: It is recommended that the City Council: (1) Award the Design Survey for the Riverside Drive Sidewalk Improvements to CNC Engineering in the Not -to- Exceed amount of $23,510; and (2) Authorize the City Manager to execute the contract with CNC Engineering. It was moved by Council Member Melendez and seconded by Council Member Hickman to approve Consent Calendar Items No's 2, 3, and 5 through 7, and pulled Item No. 4 for discussion. The motion unanimously carried by the following vote: AYES: Council Members: Hickman, Melendez, Tisdale, Mayor Pro Tern Magee and Mayor Bhutta; NOES: None. CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION (4) Third Amendment to Parks Landscape Maintenance Service Contract Recommendation: It is recommended the City Council to authorize the City Manager to make modifications to the Scope of Services and execute the "Third Amendment to Services Contract ", subject to minor modifications to the contract approved by the City Attorney. Regular City Council Meeting February 8, 2011 Page 4 of 11 Council Member Melendez indicated that the type of grass used in parks is a different type of grass that requires heavy duty equipment to maintain. She asks if there was a way to request the contractor to use a different type of equipment that could save money. Director of Lake and Aquatics Kilroy indicated that it would require changing the scope of services on the agreement however he would research the issue and discuss it with the contractor. Council Member Hickman asked what type of grass is used in parks. Director of Lake and Aquatics Kilroy answered that it is normally Bermuda grass. It was moved by Council Member Melendez and seconded by Council Member Hickman to authorize the City Manager to make modifications to the Scope of Services and execute the "Third Amendment to Services Contract', subject to minor modifications to the contract approved by the City Attorney. The motion unanimously carried by the following vote: AYES: Council Members: Hickman, Melendez, Tisdale, Mayor Pro Tern Magee and Mayor Bhutta; NOES: None. PUBLIC HEARING(S) (8) Public Hearing — A Resolution Declaring Weeds, Rubbish Refuse and Dirt a Nuisance. Recommendation: It is recommended that the City Council adopt a Resolution and direct staff to begin the abatement process for this year. Mayor Bhutta opened the Public Hearing at 7:25 p.m. Director of Public Works Seumalo provided an overview of the project to the Council. Mayor Bhutta closed the Public Hearing at 7:29 p.m. Council Member Hickman pointed out to the public that there is a citywide clean up to be held on March 19tH Council Member Melendez indicated she was contacted by a resident regarding weed abatement and how it is only conducted once a year, and the remaining year the weeds are not cleaned up. Director of Public Works Seumalo stated that staff would continue all efforts to notify the property owners that have not cleaned up their property. Council Member Hickman pointed out to the public that by cleaning up your property, it can help reduce fire insurance. It was moved by Council Member Hickman and seconded by Council Member Melendez to adopt Resolution No. 2011 -011 and direct staff to begin the abatement process for this year. The motion unanimously carried by the following vote: AYES: Council Members: Hickman, Melendez, Tisdale, Mayor Pro Tern Magee and Mayor Bhutta; NOES: None. Regular City Council Meeting February 8, 2011 Page 5 of 11 (9) Public Hearinq — A Resolution to Vacate a Portion of Riley Street Recommendation: It is recommended that the City Council adopt a Resolution Vacating Road Right -of -Way of a Portion of Riley Street and Reserving an Easement for Existing Utilities. Mayor Bhutta opened the Public Hearing at 7:30 p.m. Redevelopment Analyst Carlson provided an overview of the project to the Council Mayor Bhutta closed the Public Hearing at 7:33 p.m. Council Member Hickman stated he drove by the area and noticed that the project is getting ready for grading; he commented that this project would be a very nice residential addition to the community. Mayor Bhutta indicated that she is happy to see the project come to fruition. It was moved by Mayor Pro Tern Magee and seconded by Council Member Tisdale to adopt Resolution No. 2011 -012 vacating road right -of -way for the portion of Riley Street and reserving an easement for existing utilities. The motion unanimously carried by the following vote: AYES: Council Members: Hickman, Melendez, Tisdale, Mayor Pro Tern Magee and Mayor Bhutta; NOES: None. (10) Public Hearing — Second Amendment to Disposition and Development Agreement with Pottery Court Housing Associates, L.P. Recommendation: It is recommended that the City Council adopt and approve a Resolution approving the Sale of Real Property by the Redevelopment Agency of the City of Lake Elsinore pursuant to that certain Disposition and Development Agreement by and between the Redevelopment Agency of the City of Lake Elsinore and Pottery Court Housing Associates, L.P. as amended pursuant to the First Amendment and Second Amendment thereto. Mayor Bhutta indicated that this item would be discussed by the Redevelopment Agency and the City Council consecutively. Redevelopment Agency Analyst Carlson provided an overview of the project to the City Council and Redevelopment Agency. Allen Baldwin, resident of the City and City Treasure indicated that it has taken many years of hard work to have this item brought before the City Council and Redevelopment Agency. He stated that this project would provide jobs and activity in downtown. He indicated that he supports the project. Regular City Council Meeting February 8, 2011 Page 6 of 11 Mayor Bhutta advised the public that Mr. Ron Hewison who represented HOPE provided information to the Council and Redevelopment Agency on how this project would affect the organization. Vanessa Ng representing Bridge Housing thanked City Council and Redevelopment Agency for their continued support. Mayor Bhutta closed the Public Hearing at 7:37 p.m. Mayor Pro Tern Magee asked staff when would grading commence and when would a certificate of occupancy be issued. Aruda Delbeni, representing Bridge Housing stated grading would start March 2011 with a 13 month construction timeline and certificate of occupancy in April 2012. It was moved by Mayor Pro Tern Magee and seconded by Council Member Tisdale to adopt Resolution No. 2011 -013, approving the sale of real property by the Redevelopment Agency of the City of Lake Elsinore pursuant to that certain disposition and Development Agreement by and between the Redevelopment Agency of the City of Lake Elsinore and Pottery Court Housing Associates, L.P. as amended pursuant to the First Amendment and Second Amendment thereto. The motion unanimously carried by the following vote: AYES: Council Members: Hickman, Melendez, Tisdale, Mayor Pro Tern Magee and Mayor Bhutta; NOES: None. APPEAL(S) There are none BUSINESS ITEM(S) (11) Scope of Services for Design Engineering Of Sewer Lift Station Recommendation: It is recommended the City Council approve the Scope of Services and authorize the City Manager to execute a professional services agreement with RBF Consulting in an amount Not -to- Exceed $59,200 in a form approved by the City Attorney. Director of Lake and Aquatics Kilroy gave an overview of the item to the City Council. Council Member Hickman asked if Destination RV Resorts would continue to have an active agreement. Director of Lake and Aquatics Kilroy answered that their contract ended in January 2011. Council Member Hickman asked about the restrooms that were going to be installed. Director of Lake and Aquatics Kilroy stated that one restroom would service the boat launch area and one restroom at the seaport boat launch. Regular City Council Meeting February 8, 2011 Page 7 of 11 Mayor Bhutta asked if this project would also serve for the fish cleaning area. Director of Lake and Aquatics Kilroy answered yes, the sewer lift station would be built with a special pump. It was moved by Mayor Pro Tem Magee and seconded by Council Member Tisdale to approve the Scope of Services and authorize the City Manager to execute a Professional Services Agreement with RBF Consulting in an amount not -to- exceed $59,200 in a form approved by the City Attorney. The motion unanimously carried by the following vote: AYES: Council Members: Hickman, Melendez, Tisdale, Mayor Pro Tern Magee and Mayor Bhutta; NOES: None. (12) Lake Elsinore Marine Enforcement Program Recommendation: It is recommended that the City Council support the Sheriff's proposal to reduce the hourly cost of lake patrol from $128.07 to $70.10. City Manager Brady provided an overview of the proposal to City Council Lieutenant Daniel Anne with the Lake Elsinore Police Department provided a PowerPoint presentation to Council. Peter Dawson representing Lake Elsinore Marine Search and Rescue (LEMSAR) spoke in favor of the proposal. Mayor Pro Tern Magee thanked the Lake Elsinore Police Department for all their work and assistance in dealing with the City's budget and with the LEMSAR volunteers. He noted that 55% of the Lake's shoreline contains commercialized boat launches and campgrounds which are outside of the City limits. The City has covered most of the costs associated with public safety and stated that the City has requested assistance from the County, however has not received any. He stated the budget committee has requested the Sheriffs Department to contact the County's Supervisor requesting assistance with lake patrol, the LEMSAR program, and additional Sheriff's patrol along the shoreline that is in the County unincorporated area. Council Member Tisdale concurred with Mayor Pro Tern Magee's remarks. He thanked staff and the Sheriff's Department for their efforts on finding ways to save the City money. He asked Chief Fontneau to explain to the public why the City did not qualify for the program in the past. Chief Fontneau stated that in the past the funds were used solely for the schools resource officers and the lake is a unique patrolled environment. Council Member Melendez spoke of how this idea came to fruition and asked who would be patrolling the lake. Chief Fontneau replied by saying lake patrol would be conducted by swore police officers. Council Member Melendez asked if the City has ever asked for funding in the past. City Manager Brady answered the City had requested previously. Council Member Melendez asked the Police Chief Fontneau to elaborate on why the City would need to supplement the lake patrol by using trained Regular City Council Meeting February 8, 2011 Page 8 of 11 reserve deputies. Police Chief Fontneau stated trained reserve deputies would be used primarily for the holiday weekends where the Sheriff's Department relies on the use of LEMSAR which is another way of saving the City some money. Council Member Melendez asked if there was a way that the City could use LEMSAR more and cut back the hours from the Sheriff's Department. Police Chief Fontneau stated patrolling the lake is a team effort. LEMSAR is made up by volunteers that provides safety enforcement, whereas swore police officers provide law enforcement. Council Member Hickman thanked the Police Department for their help with this proposal and with the efforts on getting funding from the County. Mayor Bhutta thanked LEMSAR for all their assistance with patrolling the lake and to the Sheriffs Department for their efforts on assisting the City with ways to help reduce costs for lake patrol. It was moved by Mayor Pro Tern Magee and seconded by Council Member Tisdale to support the Sheriff's proposal to reduce the hourly cost of lake patrol from $128.07 to $70.10 and request that the department seek additional funding support from County Supervisor Buster to help share the cost of lake patrol, to help support funding for LEMSAR and to provide additional sheriff patrol along the shoreline in the County's unincorporated areas. The motion unanimously carried by the following vote: AYES: Council Members: Hickman, Melendez, Tisdale, Mayor Pro Tern Magee and Mayor Bhutta; NOES: None. (13) A Resolution of the City Council of the City of Lake Elsinore in Opposition to the Governor's Proposal to Abolish Redevelopment Agencies in California Recommendation: It is recommended that the City Council adopt the Resolution opposing the Governor's proposal to abolish redevelopment agencies in California. City Manager Brady provided an overview of the proposed resolution to City Council. Council Member Melendez asked City Attorney Leibold what happens to the affordable housing requirements if the governor abolishes the Redevelopment Agency. City Attorney Leibold stated the initial proposal is that there would be no change in City obligations to regional fair share and affordable housing. She stated existing contracts can not be impaired by the new legislation and would be protected. Mayor Pro Tern Magee stated that he supports this resolution because the Redevelopment Agency puts the tax money back to work in the community. He stated the City's local Assembly supports this resolution and encouraged the community to contact the governor and let him know that you support the public improvements that the Redevelopment Agencies put forward and the jobs that are created through the Agency. Regular City Council Meeting February 8, 2011 Page 9 of 11 Council Member Hickman concurred with Mayor Pro Tem Magee's statement and fully supports the resolution. Mayor Bhutta added that the Redevelopment Agency provides great benefits to the cities. It was moved by Council Member Hickman and seconded by Mayor Pro Tern Magee to adopt Resolution No. 2011 -014, a Resolution of the City Council in opposition to the administrations proposal to abolish Redevelopment Agencies in California. The motion unanimously carried by the following vote: AYES: Council Members: Hickman, Melendez, Tisdale, Mayor Pro Tern Magee and Mayor Bhutta; NOES: None. The City Council recessed and convened to the Redevelopment Agency at 8:24 p.m The City Council reconvened at 8:37 p.m. PUBLIC COMMENTS - NON - AGENDIZED ITEMS -3 MINUTES There were none. CITY MANAGER COMMENTS City Manager Brady commented on the following: • Wednesday, February gth is the Java Jive from 8:00 a.m. — 9:30 a.m. at the Flour Fusion Gourmet Bakery, Cafe & Coffeehouse, located at 133 North Main Street, Lake Elsinore, CA 92530. • Wednesday, February 9th is the Coffee with the Council Member Melendez from 9:00 a.m. — 10:30 a.m. at the Flour Fusion Gourmet Bakery, Cafe & Coffeehouse. • Friday, February 11th is the Grand Opening /Ribbon Cutting Health Scan Imaging from noon to 2:00 p.m located at 425 S. Diamond Drive, Ste. 102, in Lake Elsinore. • Monday, February 14th is Valentine's Day at the Links at Summerly from 5:00 p.m. to 9:00 p.m the cost is $65.00 per couple and for further information to contact Brenda at (951) 674 -3900. • Thursday, February 17th is the EWDC Luncheon from 11:30 a.m. to 1:30 p.m. The event would be held at the Diamond Club located at 500 Diamond Drive. For more information please contact Michele at (951) 254 -8848. CITY ATTORNEY COMMENTS There were none. Regular City Council Meeting February 8, 2011 Page 10 of 11 COMMITTEE REPORTS There were none. CITY COUNCIL COMMENTS Council Member Hickman commented on the following: • He reminded the public that Monday is Valentine's Day. Council Member Tisdale commented on the following: • He had no comments. Mayor Pro Tern Magee commented on the following: • He recognized the achievements of Pioneer Lumber and how this business is an asset to the community. • He spoke of Matt Norkin who received a Certificate of Recognition and pointed out to the public his outstanding service to the community. Council Member Melendez commented on the following: • She spoke of her recent participation with the Autism Task Force which was held in the City of Temecula. She requested City staff members to help out the children with disabilities during the City's special events such as the Easter Egg Hunt and Breakfast with Santa. • She advised the Council and public that Courtney Faith Vera is in the audience. She represents Operation Showers of Appreciation which is affiliated with the military. The organization provides assistance to new families that have a member serving the military overseas. She stated the next quarterly meeting would be held at the City's Women Club in honor of Sergeant First Class Monte who was killed while serving in Afghanistan. Mayor Bhutta commented on the following; • She congratulated the new Chamber Board and new Chairwoman Natasha Richards. • She wished everyone a Happy Valentines Day. Regular City Council Meeting February 8, 2011 Page 11 of 11 She reminded the public that the City is seeking volunteers to help out with various jobs throughout the City and if interested to contact the City's Volunteer Coordinator, Lolita Richards at the City Hall. ADJOURNMENT Council Member Hickman requested the meeting be adjourned in memory of Mr. Cor Vos who was an active member of the community and Tuscany Hill Homeowners Association. The Lake Elsinore City Council adjourned the meeting at 8:46 p.m. to a regular meeting to be held on Tuesday, February 22, 2011, at 7:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. MYB 7 M/AY CITY OF LAKE ELSINORE U CITY CL K OF KE ELSINORE