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Home My WebLink About02-28-2012 City Council MeetingIT,II, Lit I REGULAR CITY COUNCIL AND CITY COUNCIL AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 28, 2012 .............................................................................. ............................... CALL TO ORDER Mayor Tisdale called the City Council Meeting to order at 5:00 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, and City Clerk Bloom. CLOSED SESSION (1a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GOV'T CODE SECTION 54957(b)): CITY MANAGER (1 b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GOV'T CODE SECTION 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 (1c) CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases Regular City Council Minutes Meeting of February 28, 2012 Page 2 of 11 CITY COUNCIL AS SUCCESSOR AGENCY CLOSED SESSION (SA1) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 potential case City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss Items 1a through 1c and SA1. The City Council recessed to Closed Session at 5:02 p.m. Closed Session adjourned at 6:25 p.m. CALL TO ORDER Mayor Tisdale reconvened the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Mayor Tisdale Mayor Pro Tern Hickman Council Member Magee Council Member Melendez Council Member Weber ABSENT: None Also present: City Manager Brady, City Attorney Leibold, City Clerk Bloom, Director of Administrative Services Riley, Public Works Director Seumalo, Director of Lake, Parks and Recreation Kilroy, Police Chief Fontneau, Fire Captain Buck, Planning Manager Morelion, and Building & Safety Manager Chipman. PLEDGE OF ALLEGIANCE Aidan Osborne led the pledge of allegiance MIX91 -94911R] *14 ►1 :14 aQ Z41 City Attorney Leibold announced that the City Council met in Closed Session to discuss Agenda Items No. 1a through 1c and SA1, and no reportable action was taken. PRESENTATIONS / CEREMONIALS • Proclamation of Bicentennial of the War of 1812 • Certificate of Recognition of George Kramer • Certificate of Recognition of Lucas Meinke • Business of the Quarter — Kokoro Japanese Restaurant Regular City Council Minutes Meeting of February 28, 2012 Page 3 of 11 Mayor Tisdale presented a Proclamation declaring the Bicentennial of the War of 1812 to Joyce Hohendl and Thenell Hanggi representing the Daughters of the American Revolution. Mayor Tisdale presented a Certificate of Recognition to George Kramer in honor of his being named to the Fresh Water Fishing Hall of Fame. Mayor Tisdale presented a Certificate of Recognition to Lucas Meinke for receiving the "Eagle Scout" honor. Mayor Tisdale presented the Business of the Quarter Award to Kokoro Japanese Restaurant. PUBLIC COMMENTS — NOWAGENDIZED ITEMS — 1 MINUTE None. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES Re CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the Minutes of: a) Regular City Council and Successor Agency meeting of February 14, 2012. (3) Warrant List dated February 15, 2012 Recommendation: Receive and File Warrant List dated February 15, 2012. (4) Investment Report for January 2012 Recommendation: It is recommended that the City Council receive and file report. (5) Contract Award for Construction Support to the Bicycle and Pedestrian Improvements Project on Riverside Drive — Project No. 4356 Recommendation: It is recommended that the City Council: a) Award the Construction Survey for the Bicycle and Pedestrian Improvements on Riverside Drive to KDM Meridian for the amount of $8,355.00; Regular City Council Minutes Meeting of February 28, 2012 Page 4 of 11 b) Award the Geotechnical Testing for the Bicycle and Pedestrian Improvements on Riverside Drive to Leighton Consultants, Inc. for the amount of $20,903.00; c) Authorize the City Manager to execute the contract with KDM Meridian; d) Authorize the City Manager to execute the contract with Leighton Consultants, Inc. Council Member Melendez stepped down from the dais at 7:16 p.m. It was moved by Council Member Magee and seconded by Council Member Weber to approve the Consent agenda items; motion passed 4 -0, with Council Member Melendez absent. Council Member Melendez returned to the dais at 7:18 p.m. PUBLIC HEARING(S) None. APPEALS) (6) Appeal of Structure Abatement Action on 522 North Riley Street Recommendation: It is recommended that the City Council deny the appeal and further direct staff to continue with the abatement proceedings and take any necessary action to resolve the substandard conditions. Mayor Tisdale opened the Appeal Hearing at 7:17 p.m. Building Official Chipman provided an overview of the item to the City Council Richard Knapp Jr. spoke in favor of allowing the property owner additional time and requested that the City Council allow the property to be rehabilitated. Ron Hewison representing Helping Our People of Elsinore (HOPE) advised to Council that HOPE is considering purchasing the structure to use for storage space. The commercial property would be purchased with grant funding and requested the Council approve a forty -five to sixty -day extension of time in order to pursue the funding for the project. Stan Southwick representing Ms. Reyes, the property owner, advised the Council that his client was in the process of working with a contractor in order to rehabilitate the structure. He stated, safety concerns are an issue and must be addressed prior to the building being rehabbed. General Contractor, Gilbert Finley stated that he is working with Ms. Reyes to develop a plan to rehab the building. Regular City Council Minutes Meeting of February 28, 2012 Page 5 of 11 Mayor Tisdale closed the Appeal Hearing at 7:31 p.m. Council Member Melendez asked Building Official Chipman what repairs have been accomplished to date. Building Official Chipman replied that the applicant has not pulled any building permits for rehabilitating the property and the City has not received any documentation in the last four months. Council Member Melendez asked for the cost to bring the building into compliance. Mr. Finley responded that it would cost around $125,000 to $130,000. Council Member Melendez stated that she has issues with rehabilitating the building using CDBG funds as those funds are paid by the taxpayers. Council Member Magee asked if Ms. Reyes planned to save the building? Mr. Southwick stated that the building could be saved. Council Member Magee asked Mr. Hewison if it is HOPE's goal to purchase the building. Mr. Hewison answered yes. Council Member Weber asked Building Official Chipman if the City had inspected the building. Building Official Chipman replied Senior Building Inspector Bill Belvin had inspected the building. Council Member Weber asked if there was an inspection report. Building Official Chipman stated that the report was completed, however was not included with the staff report. Council Member Hickman asked Mr. Finley how long of an extension he would need to draw up the plans. Mr. Finley stated 90 days or longer. Mayor Tisdale asked Mr. Hewison how much CDBG funding would he be requesting. Mr. Hewison replied $250,000. Mayor Tisdale asked when a decision would be made by the County. Mr. Hewison stated that the decision by the County of who gets the grant funds would be in March. Mayor Tisdale asked Mr. Hewison how he came up with that amount. Mr. Hewison stated that the amount is based on what the building is worth plus $100,000 for rehabilitation. Mayor Tisdale asked who would own the building. Mr. Hewison stated that HOPE would own the building. Mayor Tisdale asked if there is a mortgage on the property. Ms. Reyes answered yes. It was moved by Council Member Magee and seconded by Council Member Weber to continue the Appeal to the May 22nd City Council meeting; for HOPE to advise the City Council of the plan to proceed or to walk away from the structure on or before May 15tH and the owner shall submit a plan to the City's Department of Building and Safety for rehabilitation with a construction schedule to effect all repairs necessary to legally occupy the structure; the motion passed unanimously. BUSINESS ITEM(S) (7) City Co- Sponsorship and Municipal Code Waivers for Lake Elsinore Valley Chamber of Commerce Frontier Days Special Event Recommendation: It is recommended that the City Council Regular City Council Minutes Meeting of February 28, 2012 Page 6 of 11 a) Consider approving the proposal for the City to co- sponsor the event, waiver of City fees and related expenditures from the unallocated General Fund Revenue; and b) Waive the Lake Elsinore Municipal Code Sections 8.40.040A — Alcohol is Prohibited in City Parks, and 9.28.030 — Furnishing Alcoholic Beverages in Public for the proposed Frontier Days Special Event, subject to compliance with all other conditions for the event as approved by the City Manager. Director of Lake, Parks and Recreation Kilroy gave a presentation to the City Council. Mayor Tisdale asked if there was a member from the Chamber of Commerce present. Director Kilroy answered that he had emailed the Chamber but had not received a confirmation. Mayor Pro Tern Hickman requested that the local restaurants have the first opportunity to rent the booths at the event. Director Kilroy noted the request. Mayor Tisdale asked if the fees were waived last year. Director Kilroy stated that all the fees were waived except for half of the law enforcement costs. Mayor Tisdale asked what the costs were for the Chamber of Commerce. Director Kilroy did not have an amount. Motion by Mayor Pro Tem Hickman, seconded by Council Member Weber to approve staff's recommendation passed unanimously. (8) Environmental Services Change Order 1 — Boat Launch Facility Improvement Project No. 4237 Recommendation: It is recommended that the City Council authorize the transfer of $45,000.00 from the project contingency to HDR Engineering, Inc. purchase order (P.O. 11- 0144).. Director of Public Works Seumalo provided an overview and a PowerPoint presentation to Council. He advised that Peter Ramey, Construction Manager was also present to answer any questions. Council Weber asked if the project is on time. Director Seumalo stated that the project is on time and the additional funds are only for monitoring the operation. Council Member Melendez noted that the additional funds are due to the strict environment regulations placed on all California projects by the State. Council Member Magee asked Director Seumalo if the Council should deny the additional funding, what would be the consequences. Director Seumalo stated that the City would be in violation of the California Environmental Quality Act (CEQA). Regular City Council Minutes Meeting of February 28, 2012 Page 7 of 11 Mayor Pro Tem Hickman asked if the funds would be used for monitoring Indian relicts. Director Seumalo stated that the City has a different contract with Pechanga and Luiseho Indian tribes for that purpose. Mayor Tisdale asked where the funds were coming from. Director Seumalo stated that there is $288,000 available in contingency funds, which has not yet been used. It was moved by Council Member Melendez and seconded by Council Member Magee to authorize the transfer $45,000.00 from the project contingency fund to HDR Engineering, Inc. purchase order (PO 11- 0144); the motion passed unanimously. (9) Award Purchase of Largemouth Bass for Stocking Lake Elsinore Recommendations: It is recommended that the City Council approve the purchase under LEMC Section 3.08.070F — Exceptions to bid procedures (When in the best interest of the City, the City Council may authorize the City Manager or Purchasing Officer to bypass the bid process required under this chapter for purchases greater than $15,000). Director of Lake, Parks and Recreation Kilroy provided an overview of the project to Council. Mayor Tisdale asked when the fish would arrive. Director Kilroy replied March or mid April. It was moved by Mayor Pro Tern Hickman and seconded by Council Member Magee to approve the purchase under LEMC Section 3.08.070F, exceptions to bid procedures (when in the best interest of the City, the City Council may authorize the City Manager or Purchasing Officer to bypass the bid process required under this chapter for purchases great than $15,000), and to award the purchase to Golden State Bait Inc. in the amount of $25,000.00; the motion passed unanimously. (10) Naming of Donated Scoreboards for Baseball Fields at Canyon Hills Community Park Recommendation: It is recommended that the City Council accept the donation of two scoreboards and approve the naming of the scoreboards consistent with the names of the donating parties, subject to the submittal of a scaled rendering of the scoreboards showing the exact names for review and approval by the City Manager. Director of Lake, Parks and Recreation Kilroy provided an overview of the project to the Council. Council Member Melendez asked if the scoreboards would be owned by the City and would there be a signed agreement. Director Kilroy answered yes. Regular City Council Minutes Meeting of February 28, 2012 Page 8 of 11 Mayor Pro Tem Hickman asked if there would be anything used to protect the scoreboards from vandalism. Director Kilroy stated that he would need to look into the matter. It was moved by Council Member Weber and seconded by Mayor Pro Tem Hickman to accept the donation of two scoreboards and approve the naming of the scoreboards consistent with the names of the donating parties, subject to the submittal of a scaled rendering of the scoreboards showing the exact names for review and approval by the City Manager; the motion passed unanimously. (11) Resolution of the City Council of the City of Lake Elsinore Declaring Its Intent to Abandon Property Acquired for Purposes of a Public Park (APN: 371 - 270 -005) Recommendations: It is recommended that the City Council adopt Resolution No. 2012 -007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ITS INTENTION TO ABANDON PROPERTY ACQUIRED FOR PURPOSES OF A PUBLIC PARK (APN: 371 - 270 -005), and set the Public Hearing date for April 10, 2012. City Attorney Leibold provided an overview of the request to declare an intention to abandon a 4.8 acre park site and setting a public hearing for April 10, 2012. Mayor Pro Tem Hickman noted the land is next to a proposed elementary school, and that the school has the option to purchase the land making the school a K -8 school. It was moved by Mayor Pro Tem Hickman and seconded by Council Member Weber to adopt Resolution No. 2012 -007 of the City Council declaring its intention to abandon property acquired for purposes of a public park (APN: 371 - 270 -005); the motion passed unanimously. [Successor Agency minutes continued on next page] Regular City Council Minutes Meeting of February 28, 2012 Page 9 of 11 CITY COUNCIL AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE CONSENT CALENDAR (SA2) Investment Report for January 2012 Recommendation: It is recommended the City Council as Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Investment Report for January 2012. It was moved by Council Member Weber and seconded by Mayor Pro Tem Hickman to approve the Consent item; the motion passed unanimously. BUSINESS ITEMS) (SA3) Adoption by the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore of the Initial Recognized Obligation Payment Schedule ( IROPS) Dated 2/28/2012 Pursuant to Health and Safety Code Section 34177(A)(1) Recommendation: It is recommended the City Council as Successor Agency of the Redevelopment Agency of the City of Lake Elsinore adopt the Initial Recognized Obligation Payment Schedule (ROPS) dated February 28, 2012 as the initial ROPS of the Successor Agency and authorize the City Manager, or his designee, to take all necessary actions with respect thereto on behalf of the Successor Agency. Director Riley provided an overview of the item to the Successor Agency. It was moved by Council Member Weber and seconded by Council Member Magee to adopt the Initial Recognized Obligation Payment Schedule (ROPS) dated February 28, 2012 as the initial ROPS of the Successor Agency and authorize the City Manager, or his designee, to take all necessary actions with respect thereto on behalf of the Successor Agency; the motion passed unanimously. CONCLUSION There being no further business to come before the Successor Agency, Mayor Tisdale returned to the balance of the City Council Agenda at 8:24 p.m. [City Council minutes continued on next page] Regular City Council Minutes Meeting of February 28, 2012 Page 10 of 11 PUBLIC COMMENTS — NON -AGENIZED ITEMS — 3 MINUTES Judy Zulfidar and Gilliam Larson presented an invitation from Reality Rally which is an event that would take place on April 13th through April 15th. The event is to help raise money for the non - profit organization known as Michelle's Place. Mr. and Mrs. Dykstra of Lake Elsinore thanked Council Member Magee and the City Council for their support and prayers resulting from the recent loss of their son Ian Dykstra who died approximately 11 months ago. She presented Council Member Magee with a poster and tee shirt from the memorial wrestling tournament, which was held on November 26, 2011. CITY MANAGER COMMENTS Household Hazardous & E -Waste Collection Saturday, March 3 from 9:00 a.m. — 2:00 p.m. Public Works Yard Student of the Month Tuesday, March 6 from 12:00 p.m. — 2:00 p.m. Sizzler Lake Elsinore Grand Opening of Goodwill Southern California Friday, March 9 at 8:45 a.m. 31660 Grape Street, Unit #2 Free City Wide Clean -Up Saturday, March 10 from 6:30 a.m. — 12:30 p.m. Diamond Stadium Coffee Talk with Councilwoman Melendez Wednesday, March 14 from 9:00 a.m. - 10:30 a.m. Flour Fusion Bakery CITY ATTORNEY COMMENTS None. CITY COUNCIL COMMENTS Council Member Magee commented on the following: • He spoke of Ian Dykstra's character and encouraged the community to help out with the scholarship fund. Regular City Council Minutes Meeting of February 28, 2012 Page 11 of 11 Council Member Melendez commented on the following: • She thanked the Dykstra family for coming to the meeting and taking the time to acknowledge Council Member Magee and the City Council during their time of grief. • She advised Gillian Larson and Judy Zulfidar that she would participate in the upcoming Reality Rally. • She requested that City Manager Brady add to the next agenda a resolution for the Eddie Eagle Program. • She requested prayer from the community for the 8,000 Marines from Camp Pendleton who recently left for Afghanistan. Mayor Tisdale commented on the following: • He spoke of the courage it takes to serve in the military and to keep them in our prayers. • He thanked the City Staff members for their assistance in preparing for the City Council meetings. Mayor Pro Tern Hickman commented on the following: • He spoke of the new Stater Bros Market grand opening and the hiring of the new employees. • He spoke of Elsinore High School on playing in the CIF, and if they win tonight's game, they will be in the championship playoffs. ADJOURNMENT Mayor Pro Tem Hickman adjourned the meeting in memory of Carl Shannon who lost his life on February 20, 2012 at the age of 84 due to injuries from a fall. He stated that Mr. Shannon was involved with the Tuscany Hills Homeowners Association and will be greatly missed. Mayor Tisdale adjourned the meeting at 8:38 p.m. to a regular meeting to be held on Tuesday, March 13, 2012 in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. 1 Brian TI le, Ma City of Lake Elsinore ATTEST: Virginia . loo , CMC, City Clerk City of Lake El in re