HomeMy WebLinkAbout04-12-2011 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, APRIL 12, 2011
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Mayor Bhutta called the City Council Meeting to order at 7:00 p.m.
ROLL CALL
PRESENT: Mayor Bhutta
Mayor Pro Tern Magee
Council Member Melendez
Council Member Tisdale
ABSENT: Council Member Hickman
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, Police Chief Fontneau, Fire Chief Lawson, City Clerk Bloom and Office
Specialist Porche.
CITY COUNCIL CLOSED SESSION
(1) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Gov't Code
Section 54956.9: 4 potential cases
PLEDGE OF ALLEGIANCE
Michael O'Neal led the Pledge of Allegiance.
CLOSED SESSION REPORT
City Attorney Leibold announced Item 1 was discussed during Closed Session and
there was no reportable action.
PRESENTATIONS /CEREMONIALS
• Proclamation declaring Childhood Cancer Awareness Week April 10 — 16, 2011
• Certificate of Recognition to Temescal Canyon High School Boys Wrestling
Team
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April 12, 2011
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• Certificate of Recognition to Temescal Canyon High School Girls Water Polo
Team
• Certificate of Recognition to Dr. Jon Hurst, California Principal of the Year
• Certificate of Recognition to Fred Lopez, City Code Enforcement Officer
Mayor Bhutta read a Proclamation declaring Childhood Cancer Awareness Week into
the record. She presented Certificates of Recognition to the Temescal High School's
Boys Wrestling Team and the Girls Water Polo Team for their respective outstanding
achievements. She also presented a Certificate of Recognition to Dr. Jon Hurst,
Principal of Elsinore High School for being named "Principal of the Year" and to Fred
Lopez, City Code Enforcement Officer, for his bravery with assisting a trapped motorist
who was involved in an accident.
PUBLIC COMMENTS — NOWAGENDIZED ITEMS — 1 MINUTE
Chris Hyland, resident of Lake Elsinore, spoke of Lake Elsinore Advance Pumps
Storage (LEAPS) which is still active and requested the public to write to the California
Public Utilities Commission by April 29, 2011. She stated this does not provide a benefit
or profit to the City of Lake Elsinore. Chairwoman Melendez pointed out that if the public
has comments that it must be put in writing and mailed to the Commission.
PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES
There were none.
CONSENT CALENDAR
(2) Approval of Minutes
Recommendation: It is recommended the City Council approve the following
minutes:
a) Joint Study Session of March 8, 2011
b) Regular City Council Meeting March 8, 2011
C) Joint Special Meeting of March 10, 2011
(3) Warrant List Dated March 31, 2011
Recommendation: Authorize payment of Warrant List dated March 31, 2011.
(4) Notice of Completion Final Change Order Lakeshore Drive Street Improvements
from Viscava Street to Kansas Street Project No. 4345
Recommendation: It is recommended that the City Council:
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April 12, 2011
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(a) Approve Change Order No. 1 and Change Order No. 2 (Final) in the total
amount of $31,219.07
(b) Authorize the City Manager to execute contract Change Order No. 1
(c) Accept the improvements into the City maintained system
(d) File the Notice of Completion with the County Recorder
(e) Release all retention monies 35 days after the filing of the Notice of
Completion.
(5) Agreement for Professional Design Services with STK Architecture, Inc. for the
Lake Community Center Remodel Proiect
Recommendation: It is recommended that the City Council (1) Award the Lake
Community Center Remodel to STK Architecture, Inc. in the amount of $21,596;
and (2) Authorize the City Manager to execute the contract with STK
Architecture, Inc.
(6) Hunt Avenue Emergency Repair Work
Recommendation: It is recommended that the City Council (1) Authorize the
City Manager to execute the emergency contract change order with Vance
Corporation in the amount of $18,912.87; and (2) Accept the improvements into
the City maintained system.
(7) Sole Source Purchase of Maintenance Repair Items for Axial Flow Pumps
Recommendation: It is recommended the City Council approve the purchase of
five gear boxes and motors per the attached quote.
(8) Agreement for Professional Services Risha Engineering Design Services Seismic
Retrofit of the Cultural Center and City Hall Project Number 4327
Recommendation: It is recommended the City Council (1) Award the Seismic
Retrofit of the Cultural Center and City Hall to Risha Engineering in the amount of
$105,255; and (2) Authorize the City Manager to execute the contract with Risha
Engineering.
(9) A Resolution for CFD 2006 -1 (Summerly), Declaring Its Official Intent That the
District Issue Obligations for Certain Public Improvements and Reimbursement of
Expenditures Made Prior to the Issuance of Such Obligations
Recommendation: It is recommended the City Council Adopt Resolution No.
2011 -021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ACTING AS LEGISLATIVE BODY FOR CITY OF
LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -1
(SUMMERLY), DECLARING ITS OFFICIAL INTENT THAT THE DISTRICT
ISSUE OBLIGATIONS FOR CERTAIN PUBLIC IMPROVEMENTS AND TO
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April 12, 2011
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ALLOW FOR THE REIMBURSEMENT OF EXPENDITURES MADE PRIOR TO
THE ISSUANCE OF SUCH OBLIGATIONS.
(10) Fourth Amended and Restated Joint Exercise of Powers Agreement Creating the
Western Riverside County Regional Conservation Authority
Recommendation: It is recommended the City Council approve the Fourth
Amended and Restated Joint Exercise of Powers Agreement creating the
Western Riverside County Regional Conservation Authority.
(11) Resolution of Intention to Annex Property Into Community Facilities District No
2007 -1 (Law Enforcement Fire and Paramedic Services) and to Authorize the
Levy of a Special Tax Within Annexation Area No. 2 (Pottery Court)
Recommendation: It is recommended the City Council waive further reading and
adopt Resolution No. 2011 -022 RESOLUTION OF INTENTION OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO ANNEX
PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2007 -1 (LAW
ENFORCMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE
THE LEVY OF A SPECIAL TAX WITHIN SAID DISTRICT, setting the public
hearing for May 24, 2011.
Mayor Pro Tem Magee requested to pull Item No. 10 for further discussion
It was moved by Mayor Pro Tern Magee and seconded by Council Member Melendez to
approve Consent Calendar Items 2 through 9, and Item 11. The motion carried
unanimously.
CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION
(10) Fourth Amended and Restated Joint Exercise of Powers Agreement Creating the
Western Riverside County Regional Conservation Authority
Recommendation: It is recommended the City Council approve the Fourth
Amended and Restated Joint Exercise of Powers Agreement creating the
Western Riverside County Regional Conservation Authority.
Mayor Pro Tern Magee explained to the public the purpose of the Western Riverside
County Regional Conservation Authority being placed on the Agenda.
It was moved by Mayor Pro Tern Magee and seconded by Council Member Melendez to
approve the Fourth Amended and Restated Joint Exercise of Powers Agreement
subject to concurrence and review as to final form by the City Attorney. The motion
carried unanimously.
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April 12, 2011
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PUBLIC HEARING(S)
(12) Public Hearing for Consideration of Objections to the City's Weed Abatement
Program
Recommendation: It is recommended that the City Council open the Public
Hearing and give due consideration to any objections presented by the public on
this date.
Mayor Bhutta opened the Public Hearing at 7:19 p.m.
Director of Public Works Seumalo provided an overview.
Julian Suarez spoke in opposition of the Weed Abatement Program as the all -year
around program is not productive.
Jose Rios spoke in opposition of the Weed Abatement Program on his property as the
removal of weeds disturbs the animals in their natural habitat.
Mayor Pro Tern Magee suggested staff to meet with both of the protestors and assess
their properties.
Mayor Bhutta closed the Public Hearing at 7:24 p.m.
APPEALS)
No appeals scheduled.
BUSINESS ITEM(S)
(13) Relinquishment of State Route 74
Recommendation: It is recommended that the City Council discuss the
difference in cost estimates and direct staff to either proceed with an agreement
for relinquishment of SR -74 between Ortega Highway and 1 -15 or reject the offer
by CalTrans and stop the relinquishment process.
Director of Public Work Seumalo provided an overview of the project.
Council Member Melendez expressed her concern with the difference in estimations.
Director Seumalo stated that CalTrans' method is "cut and dry". He stated that City staff
identified this process as a negotiation. Council Member Melendez stated that she can
not see how $2 million could cover the cost of the traffic light at Gunnerson and include
the street maintenance; she felt that it is not a fair deal.
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April 12, 2011
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Council Member Tisdale requested clarification on the maintenance should the City take
over Highway 74. Director Seumalo stated that the maintenance is identified in the
payment management program.
Mayor Pro Tern Magee stated that the relinquishment may no longer be viable and felt
that staff and Council needed more information. He pointed out that Gunnerson and
Strickland is a dangerous intersection and the priorities need to be changed with the
State. He suggested staff go back and collect additional information, work with
CalTrans, provide a cost estimate of the signal including the necessary time, review and
secure the existing environmental study for the signal at Gunnerson and Strickland. He
also suggested obtaining status of SIB 851 being proposed by Senator Anderson.
Council Member Melendez asked staff what the improvements covered. Director
Seumalo stated that the $2 million would only cover the maintenance on the existing
roadway.
Council Member Tisdale pointed out that this project is seven years old and asked if
there was a way to work with CalTrans without taking over the street. Director Seumalo
stated that staff could contact CalTrans.
Mayor Bhutta suggested retrieving more information for a better solution.
It was moved by Mayor Pro Tern Magee and seconded by Council Member Melendez to
take a look at the relinquishment process, recognize the top priorities such as safety,
maintenance, beautification and the ease of permit issuance and bring back a report
that discusses time, funds and results. The motion carried unanimously.
(14) Encroachment Permit Issued to EVMWD Contractor Mladen Buntich
Construction Co. for the Installation of a Trunk Sewer Line
Recommendation: It is recommended the City Council discuss the impacts
caused by the delays in opening Spring Street and provide direction to City staff.
Director of Public Works Seumalo provided a report to Council.
Greg Morrison representing Elsinore Valley Municipal Water District stating the Water
District will make every effort to stand by their schedule. He stated they plan on opening
the entire area of the project by May 20, 2011.
Mayor Pro Tem Magee thanked Mr. Morrison for his efforts and pointed out that
everything is to end by of May 23`d.
Council Member Tisdale noted the delays due to weather and asked why Spring Street
wasn't completed by fall 2010? Mr. Morrison stated weather delays and also
construction issues on Spring Street. Council Member Tisdale indicated that he has
received many comments regarding the project and stated that the delays have a
negative impact on the City.
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April 12, 2011
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Council Member Melendez asked about the request to have the encroachment permit
extended to September 2011? Mr. Morrison noted that a request was to extend the
permit to June 2011. Council Member Melendez asked if the overlay on Spring Street
would be completed by May 2011. Mr. Morrison confirmed that the entire project would
be completed by the end of May 2011. Council Member Melendez asked for
assurances that the contractor and EVMWD will coordinate with the City for inspections,
and that staff be notified in a timely manner. Council Member Melendez agreed with
Mayor Pro Tem Magee to look at the City's Municipal Code to put in place language to
address these types of situations.
Mayor Bhutta noted that her tolerance for this project has reached its limit. Her concerns
are with Spring Street and how it was to remain open but did not due to safety
concerns.
Council Member Melendez asked Mr. Morrison if there is a penalty imposed on the
contractor for not completing the work by the deadline. Mr. Morrison stated no.
(15) A Resolution Authorizing the Issuance and Delivery by the Redevelopment
Agency of the Agency's Subordinate Tax Allocation Bonds (Project Area No. II)
Series 2011 and Subordinate Tax Allocation Bonds (Project Area No. III) Series
2011 and Taking of Certain Other Actions Related Thereto
Recommendation: It is recommended the City Council Adopt City Resolution
No. 2011 -023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE ISSUANCE AND
DELIVERY BY THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE
ELSINORE OF THE AGENCY'S SUBORDINATE TAX ALLOCATION BONDS
(PROJECT AREA NO. II) SERIES 2011 AND SUBORDINATE TAX
ALLOCATION BONDS (PROJECT AREA NO. lll) SERIES 2011 AND TAKING
OF CERTAIN OTHER ACTIONS RELATED THERETO.
The Redevelopment Agency Chairwoman called the meeting to order at 8:00 p.m
Director of Administrative Services Riley provided an overview of the item to Council
and the Redevelopment Agency.
It was moved by Mayor Pro Tern Magee and seconded by Council Member Melendez to
adopt City Council Resolution No. 2011 -023 authorizing the issuance of bonds and
delivery by the Redevelopment Agency of Subordinate Tax Allocation Bonds (Project
Area No. II) Series 2011 and Subordinate Tax Allocation Bonds (Project Area No. III)
Series 2011 and taking of certain other actions related thereto. The motion carried
unanimously.
The City Council recessed and convened to the Redevelopment Agency meeting at
8:02 p.m.
The City Council reconvened at 8:05 p.m
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April 12, 2011
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PUBLIC COMMENTS — NON- AGENDIZED ITEMS — 3 MINUTES
There were none.
CITY MANAGER COMMENTS
City Manager Bradt/ commented on the following:
• Wednesday, April 13th is Java Jive with Council Member Melendez from 9:00
a.m. to 10:30 a.m. at the Flour Fusion Gourmet Bakery on Main Street.
• Friday through Sunday, April 15th - April 17th is Frontier Days from 4:00 p.m. to
11:00 p.m. located at the Alberhill Ranch Park. Cost is $7.95.
• Friday through Saturday, April 15th & 16th, Elsinore Woman's Club Annual Art
Show located at the Elsinore Woman's Club. .
• Saturday, April 16th is the Unity in the Community 5K and 10K Run -Walk from
7:30 a.m. to 11:00 a.m. at the Diamond Stadium at the Levee.
• Saturday, April 16th is the Spring Fling Event from 9:00 a.m. to 2:00 p.m. at the
Lake Elsinore Marketplace.
• Saturday, April 23rd, Children's Fair & Egg Hunt from 10:00 a.m. to 1:00 p.m. at
McVicker Canyon Park.
• Tuesday, May 3rd, Residents 1st with Mayor Amy Bhutta from 3:00 p.m. to 4:30
p.m. at The Links at Summerly.
CITY ATTORNEY COMMENTS
There were none.
COMMITTEE REPORTS
There were none.
CITY COUNCIL COMMENTS
Council Member Melendez commented on the following:
• She congratulated Jeanie Corral who was named "Woman of the Year ".
• She congratulated Ms. Katie Pape who was crowned "Miss Lake Elsinore ".
• She pointed out that this year there would be a special Easter -Egg hunt for the
children with special needs which would take place at 10:30 a.m. at McVicker
Canyon Park.
• She would be available on Wednesday from 9:00 to 10:30 a.m. at the Flour
Fusion Bakery to speak to those who have concerns.
• She spoke of Poppy Week which is held in May, as well as the Women's
Auxiliary which is looking for volunteers to help make the poppies.
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Mayor Pro -Tern Magee commented on the following:
• He recognized Mr. & Mrs. Gonzales for celebrating their 50th wedding
anniversary.
Council Member Tisdale commented on the following:
• He thanked city staff for their hard work.
Mayor Bhutta commented on the following:
• She congratulated Mr. & Mrs. Gonzales on the wedding anniversary.
• She congratulated Ms. Jeanie Corral on being named "Woman of the Year ".
• She congratulated Ms. Katie Pape on being crowned "Miss Lake Elsinore ".
• She reminded the public of Frontier Days at the Alberhill Ranch Park.
• She wished everyone a Happy Easter and reminded everyone to take a visit to
the City's lake.
ADJOURNMENT
The Lake Elsinore City Council adjourned the meeting at 9:33 p.m. to a regular meeting
to be held on Tuesday, April 26, 2011, at 7:00 p.m. in the Cultural Center located at
183 N. Main Street, Lake Elsinore, CA 927 �j
A hutta, Mayor
City of Lake Elsinore
Virginia Bloom, y Clerk
City of L Elsiqbro