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Home My WebLink About09-28-2010 RDA Item No. 2CITY Or.. LADE LSINOI-�E DREAM E,)(FREME REPORT TO REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY 4 11 ._• •- DATE: SEPTEMBER 28, 2010 SUBJECT: APPROVAL OF MINUTES Discussion The following Redevelopment Agency Minutes are submitted for approval: a) Joint Study Session City Council /Redevelopment Agency Meeting August 24, 2010 b) Redevelopment Agency Meeting for August 24, 2010 and September 14, 2010 Recommendation Approve the Minutes as submitted. Prepared by: Dana C. Porche Office Specialist Approved by: Carol Cowley Interim City Clerk Approved by: Robert A. Brady City Manager AGENDA ITEM NO. 2 Page 1 of 16 Page 2 of 16 ITlll ► Lit r=61 JOINT CITY COUNCIL /REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 24, 2010 .............................................................................. ............................... CALL TO ORDER Mayor Melendez called the Joint Study Session to order at 4:00 p.m. ROLL CALL 0- �, ee. COUNCIL MEMBER BUCKLEY (arrived at 4:15 p.m.) COUNCIL MEMBER HICKMAN COUNCIL MEMBER MAGEE G _\ ►6► lill Also present: City Manager Brady, Director of Administrative Services Riley, Public Works Director /City Engineer Seumalo, Director of Lake and Aquatics Kilroy, RDA Analyst Carlson, Senior Planner Harris and Interim City Clerk Cowley. CITY COUNCIL CLOSED SESSION (1a) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case (1b) 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) PRESENTATIONS / CEREMONIALS Presentation by Larry Rubio of the Riverside Transit Authority on Google Transit Page 3 of 16 Joint City Council Study Session Page 2 of 8 August 24, 2010 CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the following minutes: a) Regular City Council Meeting — July 27, 2010 b) Joint City Council /Redevelopment Meeting — July 13, 2010 and July 27, 2010 (3) Warrant List Dated August 12, 2010 Recommendation: Authorize payment of Warrant List dated August 12, 2010. Council Member Hickman asked about Warrant No. 103731 payable to International Code Council in the amount of $4,198.81 and was advised the cost was for updated Building Codes. Mayor Pro Tern Bhutta asked about Warrant No. 103713 payable to Down's Fueling in the amount of $9,539.11 and was advised that was for fuel for the vehicles. Mayor Melendez asked about the following warrants: • Check No. 103727 payable to Hemet Fence Company in the amount of $684.00 was for damage to city property which was reimbursed by the claimant's insurance company. • Check No. 103743 payable to Murrieta Lock & Safe, Inc. in the amount of $576.70 was for the lock installed on the City Clerk's door. Murrieta Lock & Safe was the only company who provided this type of lock • Check No. 103770 - 103782 payable to Southern California Edison in the amount of $55,736.77 was payment for utility use at various locations in the City. (4) Investment Report for the Month of July, 2010 Recommendation: It is recommended the City Council receive and file. (5) Lake Elsinore Municipal Code Waivers for Gladiator Mud Run Special Event Recommendation: It is recommended the City Council waive Lake Elsinore Municipal Code Section 8.40.040A (Alcohol is prohibited in City parks) and Section 9.28.030 (Furnishing alcoholic beverages in public) for the proposed Gladiator Mud Run Special Event, subject to compliance with all other conditions for the event. Page 4 of 16 Joint City Council Study Session Page 3 of 8 August 24, 2010 (6) Consideration of Construction Contract Award — Lakeshore Drive Street Improvements from Viscava Street to Kansas Street Project No. 4345 Recommendation: It is recommended the City Council: (1) award the Lakeshore Drive Street Improvements from Viscaya to Kansas Street to EBS, Inc., for the amount of $582,916.50; (2) approve a 10% contingency in the amount of $58,300.00; (3) authorize the City Manager to execute the contract with KDM Meridian Survey in the amount of $19,710.00; (4) authorize the City Manager to execute the contract with City & County Soil Engineering and Testing Corp in the amount of $10,125.00; and (5) Authorize the transfer of $166,200.00 from Fund 110 —Prop 41 (Diamond Drive Rehabilitation) to Fund 112 to cover the higher than expected construction cost. Mayor Pro Tem Bhutta asked several questions regarding EBS to which staff advised that EBS was from Corona and that reference checks were completed before recommending contract award. Thereafter followed a general discussion regarding the project. (7) Consideration of Construction Contract Award -- Historic Downtown Riverwalk Proiect No. 4329 Recommendation: It is recommended the City Council award the Historic Downtown Riverwalk from Pottery Street to Riverside Drive to Vance Corporation, Inc., for the amount of $455,055.76; (2) approve a 10% contingency in the amount of $45,500.00; and (3) authorize the City Manager to execute the contract with LOR Geotechnical group, Inc. in the amount of $10,125.00. Mayor Pro Tern Bhutta requested a description of the project to which Director of Public Works Seumalo provided Council with a brief description of the walk way and bike path but did not know the actual footage length of the pathway. A brief discussion continued regarding the award being made to the lowest bidder and staff should attempt to award bids to local companies. The Mayor suggested benches and other amenities to be added to the project. (8) Consideration of Replacement of Clarifier System at City Corporate Yard Recommendation: It is recommended the City Council (1) authorize staff to purchase the Hydro Tek Hydro Loop system from CM Wash Equipment; and (2) authorize a not to exceed amount of $66,901.30 from the City's NPDES funds for the purchase and installation of the Hydro Tek Hydro Loop system. A general discussion ensued regarding the age of the current system and questioned the comments in the report that 'liquids, oil grease, water, fuel, chemicals, etc. are disposed of into the storm drain system and ultimately the Lake." It was explained to Page 5 of 16 Joint City Council Study Session Page 4 of 8 August 24, 2010 Council that hazardous waste is not dumped into the storm drain system and the clarifier system is used to filter the hazardous material that would otherwise go into the storm drain system thereby preventing the contaminants from going into the storm drain system and Lake. Staff was cautioned about making sure those types of statements are clearly written in future reports. (9) Consideration of Contract Agreement Review for Hartzog and Crabill, Inc., Regarding Traffic Operations Services for City Traffic Signals Recommendation: It is recommended the City Council approve the use of Hartzog and Crabill, Inc. for the second year of a three year contract per the agreement dated February 24, 2009, to provide traffic operations services of City traffic signals. (10) Consideration of Purchase Order for Contract Plan Check Services for Fiscal year 2010 -2011 Recommendation: Authorize the City Manager to approve a Purchase Order in the amount of $82,500 for Scott Fazekas and Associates to provide plan check services for fiscal year 2010 -2011. Mayor Melendez suggested using local companies to perform this type of service Mayor Pro Tern Bhutta asked how much was paid out to Scott Fazekas last year. Building Official Chipman replied they were paid approximately $40,000. Council Member Hickman asked about time constraints. Building Official Chipman stated the turn around is approximately 10 working days. PUBLIC HEARING(S) (11) Appeal of the Planning Commission's Action Relative to the Denial of Conditional Use Permit No. 2010 -02 to Establish and Operate a Church within an Existing Building Located at 169 North Main Street Recommendation: It is recommended that the City Council either: (1) uphold the Planning Commission's August 3, 2010 decision resulting in the denial of the proposed church facility located at 169 North Main Street; or (2) reject the Planning Commission's August 3, 2010 decision and approve the proposed church facility. William Hugron addressed City Council regarding the Planning Commission decision and advised Council that they have an agreement with Ibarra's Market for use of its parking and they would be cognizant of not utilizing all of the street parking. Page 6 of 16 Joint City Council Study Session August 24, 2010 Page 5 of 8 Council Member Magee asked questions about public outreach. William Hugron addressed Council Member Magee's concerns. Council Member Hickman asked about having an agreement with the apartments for the parking issues. He also asked whether the church was planning to open a day care. Pastor Lopez advised that they hope to have a day care and school in the future but not at this time. Pastor Lopez responded to the questions pertaining to the days the church planned to use the building. Thereafter followed a discussion regarding the use of the building, the times and days of use, the added parking and having the improvements made before the Conditional Use Permit was approved. Mayor Pro Tern Bhutta asked how many are currently in the congregation. Pastor Lopez responded by saying there are approximately 70 members. Council Member Buckley questioned the parking situation. Mr. Wiggins responded by saying Pastor Lopez spoke to the surrounding businesses and there was no opposition to the church using the surrounding parking spaces. . Mayor Melendez requested copies of all correspondences received before the 7:00 p.m. meeting. APPEAL(S) See Public Hearings. BUSINESS ITEM(S) (12) Second Reading — Adoption of Ordinance No. 2010 -1280 Amending and Restating Chapter 15.64 of the Lake Elsinore Municipal Code Regarding Flood Damage Prevention (Introduced by title only and reading waived at meeting of August 10, 2010) Recommendation: It is recommended the City Council, on second reading, adopt Ordinance No. 2010 -1280 by title only and waive further reading. (13) Second Reading —Adoption of Ordinance No. 2010 -1285 Rescinding Ordinance No 1264 that Approved Zone Change No. 2008 -02 Changing the Zoning designation of Assessor Parcel Number 389 - 030 -014 015, 016, 017, and 018 from R -1 Single family Residential to C -1 Neighborhood Commercial District Under the Zoning Ordinance (introduced by title only and reading waived at meeting of August 10, 2010) Recommendation: It is recommended the City Council, on second reading, adopt Ordinance No. 2010 -1285 by title only and waive further reading. Page 7 of 16 Joint City Council Study Session August 24, 2010 Page 6 of 8 A brief discussion ensued regarding the affect the ordinance would have on the General Plan and that the residents would still be opposed to the land use designation of commercial. (14) Consideration of a Resolution Supporting Proposition 22 Recommendation: it is recommended that the City Council adopt Resolution No. 2010 -058 Supporting Proposition 22. (15) Consideration of a Resolution Supporting Proposition 23 Recommendation: It is recommended the City Council adopt Resolution No. 2010 -059 Supporting Proposition 23. Council Member Buckley requested that the City Clerk be directed to forward a copy of Resolution No. 2010 -059 to Southern California Association of Governments upon approval. The City Council recessed and convened to the Redevelopment Agency at 4:42 p.m. REDEVELOPMENT AGENCY ROLL CALL CLOSED SESSION (1a) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 potential case (1 b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 373 - 023 -026 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Mamie Miller Hunt Estate Under negotiation: Price and terms of payment Chairman Magee called the meeting to order at 4:42 p.m. CLOSED SESSION Agency Counsel Leibold announced that the City Council would recess to Closed Session at 5:00 p.m. to discuss the following Closed Session items (1 a) and (1 b). (2) Approval of Redevelopment Agency Minutes Page 8 of 16 Joint City Council Study Session August 24, 2010 Page 7 of 8 Recommendation: Approve the following minute(s): a) Joint City Council /Redevelopment Agency Meetings — July 13, 2010 and July 27, 2010 b) Regular Meeting — July 27, 2010 (3) Warrant List Dated August 12, 2010 Recommendation: Authorize payment of Warrant List dated August 12, 2010. (4) Investment Report —July 2010 Recommendation: The Agency Board to receive and file the Investment Report of July 2010. IaImN Lei 0Im17Iaq&jl No public hearings scheduled. BUSINESS ITEM(S) No business items scheduled. PUBLIC COMMENTS — NON- AGENDIZED ITEMS There were none. PUBLIC COMMENTS — NON AGENIZED ITEMS — 3 MINUTES There were none. EXECUTIVE DIRECTOR COMMENTS There were none. LEGAL COUNSEL COMMENTS There were none. The City Council reconvened at 4:44 p.m. CITY COUNCIL COMMENTS There were no comments. Page 9 of 16 Joint City Council Study Session August 24, 2010 ADJOURNMENT The Lake Elsinore City Council adjourned at 4:45 p.m. to a regular meeting to be held on Tuesday, August 24, 2010, at 7:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. ROBERT E. MAGEE, CHAIRMAN LAKE ELSINORE REDEVELOPMENT AGENCY ATTEST: CAROL COWLEY, INTERIM SECRETARY LAKE ELSINORE REDEVELOPMENT AGENCY Page 10 of 16 u ►�1i�1 ym REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, AUGUST 24, 2010 .......................................................................... ............................... CALL TO ORDER Chairman Magee called the meeting to order at 8:15 p.m. ROLL CALL PRESENT: CHAIR MAGEE VICE -CHAIR BUCKLEY AGENCY MEMBER BHUTTA AGENCY MEMBER HICKMAN AGENCY MEMBER MELENDEZ ABSENT: None Also present: Executive Director Brady, Agency Counsel Leibold and Agency Secretary Cowley. CLOSED SESSION (1a) CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 potential case (1 b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 374 - 172 -017 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Mamie Miller Hunt Estate Under negotiation: Price and terms of payment CLOSED SESSION REPORT Agency Counsel Leibold announced that two cases as listed on the agenda as Items (1 a) and (1 b) were discussed during closed session and there is no reportable action as to either matter. Page 11 of 16 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of August 24, 2010 PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 1 MINUTE There were none. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES There were none. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Page 2 of 3 Recommendation: It is recommended the City Council approve the following minutes: a) Joint City Council /Redevelopment Agency Meeting — July 13, 2010 b) Regular Meeting - July 13, 2010 (3) Warrant List Dated July 29, 2010 Recommendation: Authorize payment of Warrant List dated July 29, 2010 It was moved by Agency Member Melendez and seconded by Agency Member Hickman to approve the Consent Calendar Items No. 2 through 3. The motion carried unanimously by the following vote: AYES: Agency Members: Bhutta, Buckley, Hickman, Melendez, Vice - Chairman Buckley and Chairman Magee; NOES: None. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEM(S) No business items scheduled. EXECUTIVE DIRECTOR COMMENTS There were none. LEGAL COUNSEL COMMENTS There were none. There were none. Page 12 of 16 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of August 24, 2010 ADJOURNMENT Page 3 of 3 There being no further business to come before the Agency Board, the meeting adjourned at 8:17 p.m. to a regular meeting to be held on Tuesday, September 14, 2010, at 7:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. ROBERT MAGEE, CHAIRMAN REDEVELOPMENT AGENCY ATTEST: CAROL COWLEY, SECRETARY LAKE ELSINORE REDEVELOPMENT AGENCY Page 13 of 16 Page 14 of 16 ikyil @11111 REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, SEPTEMBER 14, 2010 .......................................................................... ............................... CALL TO ORDER Chairman Magee called the meeting to order at 7:30 p.m. ROLL CALL PRESENT: CHAIR MAGEE VICE -CHAIR BUCKLEY AGENCY MEMBER HICKMAN AGENCY MEMBER MELENDEZ ABSENT: AGENCY MEMBER BHUTTA Also present: Executive Director Brady, Agency Counsel Leibold and Agency Secretary Cowley. CLOSED SESSION There is none. PUBLIC COMMENTS — NON -AGENDIZED ITEMS — 1 MINUTE There were none. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES There were none. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: It is recommended the City Council approve the following minutes: a) Joint City Council /Redevelopment Agency Meeting — August 10, 2010 b) Regular Meeting —August 10, 2010 Page 15 of 16 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of September 14, 2010 (3) Warrant List Dated August 31, 2010 Page 2 of 2 Recommendation: Authorize payment of Warrant List dated August 31, 2010 It was moved by Agency Member Hickman and seconded by Agency Member Melendez to approve the Consent Calendar Items No. 2 through 3. The motion passed by the following vote: AYES: Agency Members: Buckley, Hickman, Melendez, Vice - Chairman Buckley and Chairman Magee; NOES: None. ABSENT: Bhutta. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEM(S) No business items scheduled. EXECUTIVE DIRECTOR COMMENTS There were none. LEGAL COUNSEL COMMENTS There were none. BOARDMEMBER COMMENTS There were none. ADJOURNMENT There being no further business to come before the Agency Board, the meeting adjourned at 7:32 p.m. to a regular meeting to be held on Tuesday, September 22, 2010, at 7:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. ROBERT MAGEE, CHAIRMAN REDEVELOPMENT AGENCY ATTEST: CAROL COWLEY, SECRETARY LAKE ELSINORE REDEVELOPMENT AGENCY Page 16 of 16