Loading...
HomeMy WebLinkAbout03-09-2004 Joint City Council/RDA MINUTES JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 9, 2004 ************************************************************* CALL TO ORDER Mayor Buckley called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/ Communications Manager Dennis, Public Works Manager Payne and Deputy City Clerk Ray. DISCUSSION ITEMS City Attorney Leibold indicated there were two items for closed session. 1. Real Property Negotiations with properties involved in the Wasson Canyon Investments Agreement; participating parties were Wasson Canyon Investments, Southshore, and City of Lake Elsinore. 2. Anticipated litigation under section 54956.9 (1 case). PAGE TWO-STUDY SESSION-MARCH 9, 2004 - Consent Calendar 1. Minutes - Councilman Magee commented on Item 1 d page 4 of 16 that Donna Lucas indicated she had a petition that had been signed by 80% of the merchants, noting they had a different vision for the downtown district. He inquired about the whereabouts of that petition. City Manager Watenpaugh commented that the petition had not been presented to the City Manager's Office and asked Deputy City Clerk Ray if it had been presented to the City Clerk's Office. Deputy City Clerk Ray commented he would follow up with the City Clerk. Councilman Magee noted that the minutes stated clearly she indicated she had a petition and he did not remember her saying those words exactly. So he marveled if the minutes were recorded correctly or if she had misspoken, but if there was a petition it needed to be given to the Council. - Councilman Schiffuer agreed with Councilman Magee that if there was a petition it needed to be presented to Council. City Manager Watenpaugh commented that Staff would review the audio tape of the minutes and if there was a petition, staff would request it from Mrs. Lucas. 2. Warrant List - Councilman Hickman requested clarification for various checks issued from Item No.2, the Warrant List. Staff clarified the checks in question. Councilman Magee requested clarification on check #76814 issued from Item No.2, the Warrant List. Staff clarified the check in question. He also inquired about a settlement with Mr. Molendyk (former City Manager), noting that he had not seen that check. City Manager Watenpaugh commented that the check had been issued to the - PAGE THREE-STUDY SESSION-MARCH 9, 2004 City and Staff had provided copies for individuals that had requested copies of the check. Councilman Magee informed Staff that he would like a copy of that check. City Manager Watenpaugh indicated a copy would be provided to Councilman Magee. Mayor Buckley requested clarification on check #76803 issued from Item No.2, the Warrant List. Staff clarified the check in question. 3. Investment Report-January, 2004 - No comments. 4. Resolution No. 2004-15 - Supporting the United States Troops & Commander- in-Chief. No comments. 5. Deposit & Reimbursement Agreement between the City and Laing-CP Lake Elsinore, LLC. No comments. 6. Bid Award for Motor Control Centers - Brewster Electric - $65,292. Mayor Buckley asked if the price was in the ball park of what Staff had wanted. Lake & Aquatic Resources Director Kilroy confirmed it was in range. Councilman Hickman inquired regarding the budget for the Lake Proj ect. Lake & Aquatic Resources Director Kilroy indicated the total budget was $1.2 million for reimbursement and the City had accumulated $850,000, in expenses. PAGE FOUR-STUDY SESSION-MARCH 9, 2004 - Councilman Magee inquired on an estimated time of deliver for this item. Lake & Aquatic Resources Director Kilroy explained that the axial flow pump module frames would probably be completed by March 19,2004, after the frames were completed they would need to conduct a test of the floats, the decking, and the gear box pump; which should be available by mid April. The submarine power cables will be delivered in mid-April. He indicated there may be a delay due to the shop drawing which was not exactly correct on the docking stations, so two weeks were lost on that issue, and the estimated operation time was the end of June 2004. 7. Service Agreement for Pest Control of City Facilities - Robbins Pest Management $2,640/year. City Manager Watenpaugh inquired if Morton Pest Control would be attending the 7 :00 p.m. Council Meeting. Public Works Manager Payne indicated he was not sure, but Mr. Morton indicated to him last week that he would probably contest the low bid and he would be attending the meeting. The reason for challenge was based on his interpretation of the specifications as outlined in the staff report, page 7 of 15 (scope of work) Item 1. Mr. Payne commented that Morton Pest Control bid using a truck mounted gas sprayer. He indicated he met with the low bidder and walked the stadium, who guaranteed him he could do it for the price he bid. He would be using power spray backpack units to spray the stadium. Staff recommendation was to award the bid to Robbins Pest Control. - 8. 2003/2004 Equipment Replacement Pro gram- Tractors-Cook Equipment- $3,251.50 monthly lease. City Manager Watenpaugh deferred to Public Works Manager Payne. Public Works Manager Payne explained the equipment was for the weed abatement program. He noted there was a bid opening and three companies - PAGE FIVE-STUDY SESSION-MARCH 9, 2004 submitted bid packages (Johnson Machinery, Cook Equipment, and Powerland Equipment). He noted Johnson Machinery had the lowest bid, but did not meet the specifications. Cook Equipment had the second lowest bid and they did not request any exceptions to the bid. Powerland Equipment had the third lowest bid and was requesting that Cook Equipment be disqualified based on them not meeting the bid specifications. They had four issues which Staff reviewed and felt the issues were not significant enough to disqualify the bid. Councilman Magee complimented Public Works Manager Payne on his thoroughness in reviewing this bid award. He noted he was comfortable with accepting Staff s recommendation. He inquired on the deliver time for the tractors. Public Works Manager Payne indicated the maximum deliver time was three months, but he was informed by all three bidders, that if they could locate a tractor at another dealership, the deliver time would be sooner. Mayor Pro Tern Kelley asked Public Works Manager Payne to explain the disagreement Powerland Equipment had regarding the specifications. Public Works Manager Payne indicated the four issues Powerland had were the gear range of the tractor, hydraulic system, mower, and the weight of the mower. He confirmed that these issues were insignificant. Councilman Schiffher asked ifPowerland Equipment met the specifications. Public Works Manager Payne confirmed they met the specifications. Councilman Schiffher indicated that it seemed as though Powerland might have some legal grounds. City Manager Watenpaugh indicated that if Council was more comfortable with going with a higher price that was a decision for the Council, however Staff s recommendation was the middle bid that would meet all of the requirements at a lower cost and would be much more effective and efficient PAGE SIX-STUDY SESSION-MARCH 9, 2004 - then just spending the extra dollars; as there were no significant difference in terms of the performance. He also indicated that he spoke with Assistant City Attorney Mann and Community Services Director Sapp and they were comfortable with accepting the middle bid. City Attorney Leibold explained that the standard was whether or not the discrepancies were material or nonmaterial. Material variation from the specification would disqualify the bid. Nonmaterial or insignificant variations would not. It was Staff s opinion that the differences Powerland pinpointed were nonmaterial to the performance requested. Councilman Schiffner expressed his concern that Powerland would respond; and if they had bid equipment at the lower ratios, they could have bid lower. City Attorney Leibold noted there was a small variation between the prices. - City Manager Watenpaugh noted that the bid specifications stipulated if there were any questions to contact the Public Works Department. 9. Bid Award - Asphalt Maintenance - Hardy & Harper - $72,000. Mayor Buckley inquired if Hardy & Harper had ever done any paving for the City in the past or if any of the other bidders had done so in the past. Public Works Manager Payne indicated that Hardy & Harper had not done any work for the City in the past, but indicated that Nelson Paving & Grading had the City's last contract and for the past two years had been performing the pavement maintenance. City Manager Watenpaugh confirmed with Public Works Manager Payne that all of the bid packages were semi-overseen by finance through the new purchasing process and reviewed by the City Attorney. Public Works Manager Payne confirmed that was correct. - PAGE SEVEN-STUDY SESSION-MARCH 9, 2004 Councilman Hickman requested clarification that they would be on call for the City. Public Works Manager Payne confirmed that was correct. He explained it was on a work order basis for maintenance activities. He noted that the contract was a one year contract with the option to rebid after one year. 10. Bid Award - Contract for Curb, Gutter & Sidewalk Maintenance - NPG Corporation - $6,750. No comments. 11. Bid Award - Contract for Unpaved Road Maintenance - Hardy & Harper - $5,920. Councilman Hickman inquired if unpaved roads were the processed by grading them. Public Works Manager Payne confirmed that was correct. PUBLIC HEARING 21. Tentative Tract Map 32008 - Lakeshore Village Specific Plan - Corman Leigh Communities. No Comments. 22. Tentative Parcel Map No. 31963, "Pasadena Business Park II" - Triple J Development. Mayor Pro Tern Kelley inquired on the leases within the business park. City Manager Watenpaugh indicated that most of the spaces were leased prior to them finishing each section. 23. General Plan Amendment No. 2003-03, Zone Change No. 1003-02, PAGE EIGHT-STUDY SESSION-MARCH 9, 2004 - Tentative Condominium Map No. 31532, Residential Design Review No. R 2003-15 and Mitigated Negative Declaration No. 2004-01 for the "Lake Elsinore City Center Townhomes" Phase II - Resolution No. 2004-16 & Ordinance No. 1117. City Attorney Leibold indicated there had been ongoing discussion with the developer and their attorneys and there were a couple of outstanding issues with respect to the conditions; staff and the developer both requested a continuance to the next regularly scheduled meeting. Business Items 31. Second Reading-Ordinance No. 1115 - CFD 2003-1 Annexations 5 and 6. No comments. 32. Request from Volunteer Fire Department - Thermal Imaging Camera. - No comments. 33. Public Safety Advisory Commission - Ordinance No. 1116. Bill Titto, indicated that he had read the ordinance and wanted to inquire on the Police, Fire, and Code Enforcement. He questioned if the Code Enforcement would be the Police Department and/or Code Enforcement. He indicated that Lake Elsinore's Code Enforcement was different than other cities. City Manager Watenpaugh explained that the Mayor and Council had requested during the Public Safety Study Session that Staff include Public Safety, Police, and Fire as well as City Code Enforcement in terms of recommendations. Mr. Titto asked who would be taking care of traffic. - PAGE NINE-STUDY SESSION-MARCH 9, 2004 City Manager Watenpaugh explained the traffic would be through the Police Department and parking would be through Code Enforcement. Mr. Titto indicated there were problems with speed control on Machado Street. He noted that it was low priority for the Police Department. He further indicated from Lincoln Street to Grand Avenue there were no stop signs or signals. City Manager Watenpaugh explained that the City Council held a Study Session on the issue, and appointed a subcommittee of Councilman Magee, Mayor Buckley and City Manager Watenpaugh to review the existing Municipal Code Section: He indicated Mayor Buckley and Councilman Magee had some modifications to the duties and responsibilities that would be discussed later at the evening session and subject to Council ratification of those duties it would change the existing Municipal Code and Council would appoint five members for the first term. Councilman Magee commented that hopefully the Commission would be an additional set of eyes and ears not only for Council but for the citizens to focus more attention on public safety. Councilman Hickman suggested eliminating #2 of Section 2.46.030 (membership). He did not think the owner ofa business or an owner's "designee" that was establish or currently licensed within the City should be added, it should only include residents of the City. Councilman Schiffner noted that there were many business owners in the City that did not reside in the City; that had a much bigger interest in public safety than some individuals that resided in the City. He felt that it was very important to involve business owners. Councilman Hickman suggested forming a district and reiterated eliminating the business owners. Mayor Buckley commented that another issue the Commission would work on was disaster preparedness. PAGE TEN-STUDY SESSION-MARCH 9, 2004 - Mayor Pro Tern Kelley noted that Lieutenant Featherolf, at a previous Study Session, made the comment that in disasters, citizen committees often became a problem for the emergency personnel and she appreciated the way Item F was written. Councilman Magee commented that he hoped the Commission would review the current procedures, in terms of disaster preparedness and if changes or additions needed to be made they could make recommendations. City Manager Watenpaugh requested clarification that under Section 2.46.030 (membership) the business owner or business owner "designee" had to be a registered voter in the City. Mayor Buckley discussed the issue with Council members and agreed to remove being a registered voter in the City as a requirement. Mayor Pro Tern Kelley inquired about the background check on selected individuals. She suggested speaking with Police Chief Walsh regarding what type of background check should be done. - Councilman Magee noted the importance of a background check, but questioned involving Police Chief Walsh who had indicated at a July, 2002, Council Meeting, that he did not want this Commission and did not think it was necessary. He noted he was not comfortable with doing so. He suggested including the following statement: Applicants may be subject to a background check by the local Police Department and subject to approval by the City Council. City Manager Watenpaugh suggested Council might want each applicant to submit a short resume or some type of background of their experience. He noted there was more information on the Planning Commission than on Councilmembers. He noted there was no biography on Councilmembers. - PAGE ELEVEN-STUDY SESSION-MARCH 9, 2004 Councilman Schiffuer indicated he was concerned with the Mayor selecting the Chairman and Vice Chairman. He felt those seats should be chosen by the group after they had been selected. Mayor Buckley indicated he was going to select the Chairman. Mayor Pro Tern Kelley indicated that she heard the Chairperson had already been selected before the Agenda Review. She commented that before the Council had the opportunity to consider what they were forming, she was approached and told this was already a "done deal". She reminded everyone it was not a "done deal" until the 7 p.m. Council Meeting when three of the five members voted, but if the Chairperson had already been appointed and told they were appointed that was not a good thing for the community and that was not the way Council operated. Councilman Schiffuer commented the Public Safety Commission was a permanent committee like the Planning Commission and should be handled that way. He indicated the Public Safety Commission was not a Mayor's Committee it was a permanent committee and should be handled as such. Councilman Hickman commented they would need guidance in the beginning and suggested the commission select their own Chairman after one year. Mayor Buckley indicated the point was to help get things started. Councilman Magee mentioned the membership issue, he requested adding, appointees shall be subject to a background check administered by the Lake Elsinore Police Department and approved by the City Council. 34. Mayor's Committee/Country Club Heights. Mayor Buckley commented that the February 19,2004, Study Session for Country Club Heights went extremely well with a turnout of 219 property owners and residents of the Country Club Heights area. PAGE TWELVE-STUDY SESSION-MARCH 9, 2004 - Mayor Pro Tern Kelley indicated due to the complexity of the issues in the area, she would suggest involving the same consultants since they have already studied the area. Councilman Schiffner commented that Council needed to establish what they wanted the committee to do. He further commented that Council should ask the committee what they wanted to accomplish, not how it was done; and bring it back to Council, then Staff and consultants could put together a plan that would accomplish what the residents and land owners in that area wanted. City Manager Watenpaugh indicated that Council needed to set tasks and review and extend if they wished, but Council needed to give the committee that guidance. 35. Draft Goals for City Manager. - City Manager Watenpaugh indicated that he had redone the form and it was pointed out to him when he had asked Staff to retype the goals, Staff pulled one extra paragraph; he put that extra paragraph back in. He further indicated that it was a combination of Council preamble and Councilman Magee's post statement. He distributed the information to Council. Councilman Magee indicated that at some point the paragraph needed to be read into the record. 36. Status Report-Western Riverside County MSHCP. City Attorney Leibold commented that she would be giving a verbal report. She indicated there was some new information and preferred to give the report at the 7 :00 p.m. Council Meeting. She noted that the City of Lake Elsinore Representative (Councilman Schiffner) was denied a vote at the RCA meeting held the day before. Councilman Schiffner confirmed he was denied the right to vote. He indicated that particular board was the board which made the decision in - PAGE THIRTEEN-STUDY SESSION-MARCH 9, 2004 accepting the City's exception to the MSHCP. He indicated they had not given it any consideration and had not answered any correspondence from the City. He noted that the City was considered nonconforming at this time. Councilman Magee inquired if all members of the Board of Supervisors were at the meeting. Councilman Schiffuer confirmed they were all present. REDEVELOPMENT AGENCY Chairman Hickman gave an overview of the RDA Agenda. Legal Counsel Leibold indicated there was one item of Closed Session, Real Property Negotiations for the Stadium. Consent Calendar No comments. BUSINESS ITEMS No comments. ADJOURNMENT THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 5:15 P.M. EY,MAYOR E ELSINORE PAGE FOURTEEN-STUDY SESSION-MARCH 9, 2004 - ,4 DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY Respectfully submitted, ~~ p/ ~~ck Ray, D~ty City Clerk - ATTEST: (7\ ". 1/ I ~1<A'~;c'MC' CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE -