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HomeMy WebLinkAbout01-24-2012 Regular City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 24, 2012 . CALL TO ORDER Mayor Tisdale called the City Council Meeting to order at 5:03 p.m. ROLL CALL PRESENT: Mayor Tisdale Mayor Pro Tem Hickman - arrived at 5:07 p.m. Council Member Magee Council Member Weber ABSENT: Council Member Melendez Also present: City Manager Brady, City Attorney Leibold, and City Clerk Bloom. CLOSED SESSION (1a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 377-231-028 City Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and Muniz Under negotiation: Price and terms of payment (1 b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 377-231-040 City Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and Mollamohseni Under negotiation: Price and terms of payment (1c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 347-172-017 City Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and Joseph Lee Under negotiation: Price and terms of payment Regular City Council Minutes Meeting of January 24, 2012 Page 2 of 10 (1 d) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 371-270-005 City Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and McMillin Summerly, LLC Under negotiation: Price and terms of payment City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss Items 1(a) through 1(d). The City Council recessed and convened to the Redevelopment Agency at 5:04 p.m. The City Council reconvened at 5:05 p.m. and adjourned to Closed Session at 5:05 p.m Closed Session adjourned at 6:45 p.m. CALL TO ORDER Mayor Tisdale reconvened the meeting to order at 7:03 p.m. ROLL CALL PRESENT: Mayor Tisdale Mayor Pro Tern Hickman Council Member Magee Council Member Weber ABSENT: Council Member Melendez Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Public Works Director Seumalo, Director of Lake, Parks and Recreation Kilroy, Police Chief Fontneau, Planning Manager Morelion and City Clerk Bloom. PLEDGE OF ALLEGIANCE Lt. Dan Anne led the pledge of allegiance. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session to discuss Agenda Item Nos. 1(a) through 1(d) and no reportable action was taken. Regular City Council Minutes Meeting of January 24, 2012 Page 3 of 10 PRESENTATIONS/CEREMONIALS • Proclamation Declaring February as Black History Month • Presentation to Mayor Tisdale from the Southwest Riverside County NAACP • Certificate of Recognition of Errol Garnett, Principal and Jason Garrison of Temescal Canyon High School for becoming an International Baccalaureate World School Mayor Tisdale presented a Certificate of Recognition to Principal Errol Garnett and Jason Garrison of Temescal Canyon High School in recognition of becoming an International Baccalaureate World School. Mayor Tisdale presented a Proclamation declaring February "Black History Month" to Mary Venerable of the Southwest Riverside County NAACP. Mayor Venerable, Southwest Riverside County NAACP presented Mayor Tisdale with a Certificate of Recognition in honor of "Black History Month". PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Sharon Gallina asked the status of the Stadium and its bond due to the dissolution of the Redevelopment Agencies. City Attorney Leibold answered that there is no current plan to sell the Stadium and that the Enforceable Obligations were on the agenda for adoption in compliance with the dissolution act and that the Stadium would be retained for Stadium purposes. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the Minutes of: a.) Regular City Council meeting of January 10, 2012. (3) Warrant List dated January 12, 2012 Recommendation: Authorize payment of Warrant List dated January 12, 2012. Regular City Council Minutes Meeting of January 24, 2012 Page 4 of 10 (4) Investment Report - November 2011 Recommendation: It is recommended that the City Council receive and file report. (5) Construction Contract Award Sumner and Heald Avenue Pavement Rehabilitation Phase I and Phase II - Project No. 4349 Recommendation: It is recommended that the City Council: a.) Award Sumner and Heald Avenue Pavement Rehabilitation Phase I and Phase II to All American Asphalt for the amount of $1,112,100.00 with a 10% contingency. b.) Authorize the City Manager to execute the contract with All American Asphalt. c.) Authorize the City Manger to execute the contract with City & County Soil Engineering and Testing Corp in the amount of $36,695.00. d.) Authorize the City Manager to execute the contract with DMC Design Group in the amount of $81,378.00. e.) Authorize the use of Fund 110 Gas Tax in the amount of $90,000.00. (6) Change Order to Reyes Construction Contract to Perform Earthwork For Wetlands Enhancement Grant Project Recommendation: It is recommended that the City Council authorize a Change Order in the amount not to exceed $300.000. (7) City Council Appointments to Various Organizations Recommendation: It is recommended that the City Council discuss and confirm the appointment of delegates and alternates to various committees. (8) 2011/12 Supplemental Law Enforcement Services Fund (SLESF) Grant Recommendation: It is recommended that the City Council approve the expenditure plan and the allocation of funds from the SLESF Grant. (9) Construction Contract Award of Bicycle and Pedestrian Improvements for Riverside Drive - Project No. 4356 Recommendation: It is recommended that the City Council: a.) Award the Bicycle and Pedestrian Improvements Riverside Drive to 4-Con Engineering, Inc., for the amount of $205,012 with a 10% contingency. b.) Authorize the City Manager to execute the contract with 4-Con Engineering, Inc. Regular City Council Minutes Meeting of January 24, 2012 Page 5 of 10 c.) Authorize the use of available Funds in Measure A in the amount of $125,000.00 to fund the budget shortfall. (10) Notice of Completion for Historic Downtown Riverwalk In-Pavement Crosswalk Lights at Chaney Street - Project No. 4329-2 Recommendation: It is recommended that the City Council: a.) Accept the improvements into the City Maintained System. b.) File the Notice of Completion with the County Recorder. c.) Release all retention monies 35 days after the filing of the Notice of Completion. Chris Hyland spoke to Consent Item No. 5 stating that she liked to see these repairs move forward and suggested the City's Code Enforcement practices be changed to address further safety violations throughout the city. Tim Fleming also spoke to Consent Item No. 5 asking the Council to direct staff to address all utilities prior to paving to avoid any disruption of the project upon completion. Mayor Tisdale pulled Consent Item Nos. 5 and 9 for discussion. It was moved by Council Member Weber and seconded by Mayor Pro Tern Hickman to approve the Consent Item Nos. 2 through 4, 6 through 8 and 10; motion passed unanimously. CONSENT ITEMS PULLED (5) Construction Contract Award Sumner and Heald Avenue Pavement Rehabilitation Phase I and Phase II - Project No 4349 Recommendation: It is recommended that the City Council: a.) Award Sumner and Heald Avenue Pavement Rehabilitation Phase I and Phase II to All American Asphalt for the amount of $1,112,100.00 with a 10% contingency. b.) Authorize the City Manager to execute the contract with All American Asphalt. c.) Authorize the City Manger to execute the contract with City & County Soil Engineering and Testing Corp in the amount of $36,695.00. d.) Authorize the City Manager to execute the contract with DMC Design Group in the amount of $81,378.00. e.) Authorize the use of Fund 110 Gas Tax in the amount of $90,000.00. Public Works Director Seumalo presented the report to the Council. Mayor Tisdale asked if the utility companies have been contacted regarding this project. Director Regular City Council Minutes Meeting of January 24, 2012 Page 6 of 10 Seumalo confirmed that EVMWD has been contacted and that a pre-construction meeting has been set. Mayor Tisdale confirmed the June 12, 2012 as the scheduled date of completion. Council Member Magee addressed the concerns voiced by the two speakers by outlining the numerous streets within the City that have been repaved, and announced that the City has hired a new code enforcement officer. He asked that staff request this project to be placed on the agenda for the City/EVMWD meeting to confirm the approval of this project and to check with other utility companies for the same. Motion by Council Member Magee, seconded by Council Member Weber to approve staff's recommendation was unanimously approved. (9) Construction Contract Award of Bicycle and Pedestrian Improvements for Riverside Drive - Project No. 4356 Recommendation: It is recommended that the City Council: a.) Award the Bicycle and Pedestrian Improvements Riverside Drive to 4-Con Engineering, Inc., for the amount of $205,012 with a 10% contingency. b.) Authorize the City Manager to execute the contract with 4-Con Engineering, Inc. c.) Authorize the use of available Funds in Measure A in the amount of $125,000.00 to fund the budget shortfall. Public Works Director Seumalo presented the report to the Council. He spoke of other projects to which the City was awarded the "Safe Routes to School" Grant in which active speed limit signs will be posted around schools as traffic calming devices, and it is anticipated that staff would be applying for a grant in Phase II to include lights at the crosswalks. Mayor Tisdale offered that the Police also serve as traffic calming devices in which the City has requested more police patrol around the schools in an effort to make those routes safe. Mayor Pro Tern Hickman inquired as to the second place bidder B&T, pointing out that they are the developers of the race track within the City and asked if they qualified for the 5% variation. Director Seumalo answered that the 5% various clause applies to purchases only. Mayor Pro Tem Hickman commented that it was unfortunate that the City could not work with a company that has already made an investment in the City. Motion by Mayor Pro Tern Hickman to go out to rebid this project failed for a lack of second. Council Member Magee stated that he appreciated Mayor Pro Tem Hickman's desire to give business to the company that has made a huge investment in the community; however, he urged approval of the project. Regular City Council Minutes Meeting of January 24, 2012 Page 7 of 10 Motion by Council Member Magee, seconded by Council Member Weber to approve staff's recommended passed by a 3-1 vote with Mayor Pro Tern Hickman voting no. PUBLIC HEARING(S) (11) Resolution Declaring Weeds. Rubbish and Refuse and Dirt a Nuisance; Property Owners to be Notified Recommendation: It is recommended that the City Council adopt RESOLUTION NO. 2012-002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING WEED ABATEMENT ASSESSMENT LIENS AND DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2, OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS and direct staff to begin the abatement process for 2012. Mayor Tisdale opened the Public Hearing at 7:32 p.m. Public Works Director Seumalo presented the report to the Council and noted for the record a new attachment to the Resolution being presented for adoption. Tim Fleming spoke to this item offering that the "Clean Extreme" event could address the weed abatement issues as the notices were useless since most of the parcels are vacant properties. He outlined several past community events which undertook similar projects. Mayor Tisdale closed the Public Hearing at 7:36 p.m. Mayor Pro Tern Hickman asked staff to address the vacant lots at Main and Sumner Streets, as well as the Boat Launch area. Motion by Mayor Pro Tern Hickman, seconded by Council Member Magee to approve staff's recommendation passed by unanimous vote. APPEAL(S) None. Regular City Council Minutes Meeting of January 24, 2012 Page 8 of 10 BUSINESS ITEM(S) (12) Collier Landscape Median Cost Estimate Recommendation: It is recommended that the City Council provide staff direction as to the alternative landscape option the Council prefers; direct staff to designate a funding source and process the construction costs through that funding source. Public Works Director Seumalo presented a PowerPoint report to the Council as to the various options available. Council Member Weber asked if poles with flags as signs for the Outlet Center had been considered. Director Seumalo offered that staff could look into that option. Council Member Magee thanked staff and stated that advertisement flags would mean a change to the City's Sign Code; however, the businesses could then be approached to pay for the signs. He asked if contributions from the Outlet Center businesses were requested. Director Seumalo answered no. Council Member Magee stated that he preferred Option No. 2 of stamped concrete, bark and to add palm trees. Mayor Pro Tern Hickman stated that he preferred the River Rock design and asked if palm trees needed water in order to be maintained. Director Seumalo offered that palm trees could be treated with a water truck. Council Member Weber directed staff to approach the new Outlet Center owner for cost contributions. City Manager Brady offered that staff has spoken with the new owner, however the discussion was related to landscaping to which the new owner was in support but costs were not discussed. Mayor Tisdale stated that he had severe sticker shock over the cost estimates and asked where the money would come from. He suggested that since Council Member Melendez requested this matter be placed on the agenda and since she was not in attendance, that this project should go back to the Budget Subcommittee to be reprioritized. He stated that $80,000 was budgeted for this project and felt it now was too expensive as there are too many other things that still need to be done. Director Seumalo offered that grants could be researched to reduce the costs for the project. Council Member Magee reminded the Council that this item was placed on the unfunded CIP budget wish list in 2007 as a placeholder and the number assigned was $355,000; at the mid-year budget the Council worked through some of the things on the wish list, however this item is now the largest item which would need to be reprioritized. Motion by Council Member Magee, seconded by Council Member Weber to direct staff to pursue a design with Palm Trees, River Rock, wood chips and include a monument sign; consult with the new owner of the Outlet Center for their input and have the plan Regular City Council Minutes Meeting of January 24, 2012 Page 9 of 10 brought back to the Budget Subcommittee and have the Budget Subcommittee incorporate it into the CIP budget for this year, if possible; motion passed by unanimous vote. The City Council recessed and convened to the Redevelopment Agency at 7:54 p.m. PUBLIC COMMENTS - NON-AGENIZED ITEMS - 3 MINUTES Carlos Arias spoke before the Council as to the need for an additional Skateboard Park; he recommended a 40,000 square foot park with grassroots funding to coincide with the City's "Dream Extreme" theme. CITY MANAGER COMMENTS City Manager Brady thanked Mr. Arias for his suggestion as to a new Skateboard Park and offered that City staff is looking into it. 63rd Annual Installation Dinner & Awards Ceremony Saturday, January 28 at 6:00 p.m. The Diamond Club "Clean Extreme" Helping Keep our City Clean & Beautiful! Saturday, January 28 from 8:00 a.m. - 1:00 p.m. Elsinore Naval Academy Household Hazardous & E-Waste Collection Saturday, February 4 from 9:00 a.m. - 2:00 p.m. Public Works Yard CITY ATTORNEY COMMENTS None. COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Council Member Magee directed Mr. Arias to Director Kilroy of Lake, Parks and Recreation regarding his ideas relating to a skateboard park. He echoed the City Manger's comments on the "Clean Extreme" project scheduled for Saturday. Mayor Pro Tern Hickman announced that CR&R put in two notices regarding "clean up" at the ball park, the second of which is scheduled for September and his concerns were Regular City Council Minutes Meeting of January 24, 2012 Page 10 of 10 that perhaps the notice should be sent again during that month in order to remind the public. He commended "Freddy Ray's BBQ" at 4-corners for their exceptional food. Mayor Tisdale thanks Mr. Arias for his comments on the need for a new skateboard park; he stated that the City Manager has been working with Supervisor Buster for the clean up of the City and surrounding County areas. He invited those within the County to also participate in the "Clean Extreme" event; and he thanked staff for their hard. ADJOURNMENT Mayor Tisdale adjourned the meeting at 8:10 p.m. to a regular meeting to be held on Tuesday, February 14, 2012 in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. Brian Tisdale, Mayor City of Lake Elsinore ATTEST: Virgini loor City of La e Els , City Clerk