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HomeMy WebLinkAbout08-25-2009 SS Page 1 of 14 CITY OF LAKE ELSINORE JOINT CITY COUNCIL / REDEVELOPMENT AGENCY STUDY SESSION - AGENDA REVIEW MINUTES August 25`h0 2009 I CITY COUNCIL i j CALL TO ORDER - 4:00 PM Mayor Magee called the regular meeting of the Lake Elsinore Joint City Council / i Redevelopment Agency Agenda Review Study Session to order at 4:00 p.m. on Tuesday, August 11th, 2009 in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tern Melendez Councilmember Bhutta (4:02), Councilmember Hickman. ABSENT: Councilmember Buckley. I f Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Building and Safety Manager Chipman. PRESENTATIONS / CEREMONIALS Relay for Life Chamber of Commerce Quarterly Update The Mayor confirmed with the City Clerk Mr. Warren Stephenson would be representing the Relay for Life Charity Event and Mr. Mike Norkin, Chairman of the Lake Elsinore Valley Chamber of Commerce would be presenting the Quarterly update. I I Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 2 of 14 PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE None. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approve the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency August 11, 2009 _ (b) Regular City Council Meeting Minutes August 11, 2009 Mayor Magee requested further information from his comment related to the Appeal regarding the Structure Abatement Action on 523 West Minthorn Street be reflected in the Joint Study Session minutes, Page 7 of 26, Paragraph 2. City Clerk Thomsen noted the correction would be made. (3) Warrant List Dated August 13, 2009 Recommendation: Authorize payment of Warrant List dated August 13, 2009. Mayor Pro Tern Melendez questioned the following items: Warrant No. 100455 Adventures in Advertising City Manager Brady noted these were expenses from the Mayor's State of the City. Fill Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 3 of 14 Warrant No. 100567 SOM Entertainment Parks and Recreation Director Gonzales noted this charge was for the purchase of trees for the first "Concert in the Park" series for performer Steve Oliver. Warrant No. 100595 Z Best /Body & Paint Shops, Inc. Mayor Pro Tern Melendez questioned if there was a vehicle in the shop related to the large expense. Public Works Director / City Engineer Seumalo stated the charge was regarding the refurbishing, repainting and new logo's placed on a 1994 dump truck which was still mechanically sound and now looked like new. Mayor Pro Tem questioned which fund the money was paid from, to which City Manager Brady stated there was a maintenance budget which covered this expense. Councilmember Bhutta was concerned someone was injured and had to go to Urgent Care: Warrant No. 100510 Inland Urgent Care Wildomar _ City Manager Brady noted the charge was for an employee physical. Councilmember Hickman questioned the following items: Warrant No. 100515 Interstate Battery of So. California Director Seumalo stated the charge was for 8 signal maintenance backup batteries. Warrant No. 100579 Target Specialty Products Director Seumalo noted some vehicles were purchased at auction to save the City money, and one needed a head-liner. Warrant No. 100580 Team AutoAid, Inc. City Manager Brady noted this was for lake operations, a 60 horsepower boat motor. Discussion was held regarding the use of the lake boats having both inboard and outboard motors. (4) Investment Report- July. 2009 NO COMMENTS /QUESTIONS Recommendation: Receive and file. (5) Claim Against the City NO COMMENTS / QUESTIONS Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 4 of 14 Recommendation: Reject the claim listed and direct the City Clerk's office to send a letter informing the claimants of the decision. (6) Professional Landscape Plan Check and Inspection Services - David Evans and Associates Recommendation: Authorize the City Manager to enter into a Contract, in a form approved by the City Attorney, with David Evans and Associates, Inc. to provide landscape plan check and inspection services to the City of Lake Elsinore for Fiscal Year 2009 - 2010. Councilmember Hickman questioned why we hire a company to oversee and inspect landscape services, since the developers and architectures know the rules and regulations and what is expected of them. He noted the fees were too high and there are too many different fees. Director Seumalo responded stating for all aspect of projects, there is generally an inspector in each field of expertise. City Manager Brady stated the developer is aware they are responsible and must submit landscape plans for installing the sprinklers and plants; however, the landscape plan checker knows what are are the proper amounts, number and size and they inspect the final product. Discussion was held if we did not have the proper professionals checking on the work done, they eventually there would be people who would try to do less. Once it was discovered, it would be after the fact, and then it would cost more in the long run to correct the problems. Mayor Magee questioned if the City had this type of expertise in-house to which Director Seumalo responded the City did not. City Manager Brady noted the City has taken direction from the Council to verify the landscape is done properly. The turn around time was discussed for the landscape check. City Manager Brady noted generally there was a 10 day to 2 week turn-around for all plan checks. Mayor Magee stated the builder can adjust their fees accordingly either up or down depending upon the product they deliver. If no corrections are needed, then their amount is lower. Mayor Magee noted if any mistakes r-; are made by the City, then the City pays for the mistake. Mayor Pro Tern II Melendez questioned if the fees for David Evans and Associates are competitive with other in the field. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 5 of 14 F Acting Community Development Director Weiner stated the City previously was using a different company and he felt a change was needed. A Request for Proposal (RFP) was done, noting prices were submitted which were higher and lower, however David Evans was in he middle of all, yet their qualifications and reputation was commendable. They perform work for both government (other municipalities) and private industry. Mayor Pro Tem Melendez questioned if Mr. Weiner had verified the referral from other cities, to which Mr. Weiner responded he had not, however, he checked the referrals from other Agencies. He noted with the previous Landscape Plan Check Company the City used, there were some problems. Since the City has used David Evans for the past two years, they have not had any problems. City Manager Brady confirmed the product received now far surpassed the previous company used. Mayor Magee noted they had worked with KB Homes and was concerned if they did the work in the flood control channel which needed to be landscaped, noting work previously scheduled still needed to be done. Mr. Weiner noted he had checked their KB reference, and they worked with them in Orange County and Fontana, but not in the Lake Elsinore area. Director Seumalo responded the Misquote Vector Control requested the flood control channel be landscaped. Director Seumalo stated he would contact Flood Control to verify it was their responsibility to oversee the planting of the channel and not the City's. fi Mayor Magee noted he had not received any complaints from either developers or builders regarding the work David Evans & Associates had done, which was a good sign. (7) Notice to Advertise for Bids - Machado Park Landscape Improvements and Preparation for New Restroom Recommendation: Authorize staff to advertise for bids for the Machado Park Landscape Improvements and Preparation for the New Restroom. Mayor Magee questioned if the project would be completed before Thanksgiving. Director Gonzales stated most of the work would be completed by late October, early November, however, by the time the grass had grown and the fences were placed it would be around Thanksgiving time. i i Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 6 of 14 (8) Sidewalk Construction - Various Locations Notice to Invite Bids NO COMMENTS I QUESTIONS Recommendation: Direct staff to advertise the Sidewalk Construction Project. Mayor Magee thanked Director Seumalo and Engineer David Solomon for continuing to go after Grant funds and for their hard work. Director Seumalo stated Mr. Solomon deserved the compliment. (9) Construction of Interchange Improvements at Interstate 1-15 and Central Avenue (SR-74) - Approval of Construction Contract Contingency Funds Recommendation: 1. Approve the use of the Project Contingency amount of $450,000 for Construction Project Change Orders for Construction of Interchange Improvements at Interstate 1-15 and Central Avenue ( . 2. Authorize the City Manager to approve current Change Orders in the sum of $187,133 to be paid out of the Contingency amount. Mayor Magee confirmed Caltrans had contracted Change Orders when the City denied approval of Change Orders. The Mayor noted however, seeing City approval for a Change Order amount in the range of $14,000 to $15,000 to which Director Seumalo confirmed. Director Seumalo went on to state the original contract days and dollar amount had been exceeded, however, the changes requested by the City were beneficial to the public and the product was far superior than originally planned. Director Seumalo stated the changes were corrections which were not know originally such as the needed storm drain reconstructions, irrigation systems and the retaining walls installed at both Arco and Chevron. Director Seumalo stated the additional work would not exceed the contingency amount, but all of the additional work was an improvement to the complete product. Councilmember Bhutta stated they had missed their deadline for financial incentive. Director Seumalo noted they had met the C deadline for some of the incentives, but not all. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 7 of 14 (10) Agreement to reimburse TUMF Funds for Engineering and Planning Costs of Temescal Canyon Road Bridge replacement Recommendation: Authorize the Mayor to sign an Agreement on behalf of the City to receive TUMF reimbursement. Councilmember Hickman questioned if the City would be widening the bridge to 4 lanes once the road improvement were completed. Director Seumalo stated most likely this would be done in concurrence with the development. Councilmember Bhutta asked how long it takes to receive reimbursement from TUMF to which Director Seumalo responded it is a 30 day turnaround. Mayor Magee stated there were environmental work which needed to be completed, right-of-way property determinations, and negotiations with Castle & Cooke. He suggested perhaps the City could reach an agreement now regarding future work which would be of benefit to both parties; dealing with one property owner is an advantage. The cost was discussed, estimating to be between $2 to $4 million. Director Seumalo noted if the $4 million mark was reached, it would be over the proposed budget. Councilmember Hickman questioned if the road would need to be closed to the public to which Director Seumalo responded it would depend upon how the work was approached. He stated he understood the direction from the Council is to always have some lanes remaining open, but at this point there was no way to give a definite answer. I i (11) A Letter of Support for the Loma Linda University Medical Center in the City of Murrieta NO COMMENTS / QUESTIONS Recommendation: It is recommended the City Council authorize the Mayor to send letters of support to our Senators and Representative in Washington D.C. (12) Lake Elsinore San Jacinto Water Authority (LESJWA) Work Order and Sole Source Purchase for Floating Islands Habitat Recommendation: Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 8 of 14 1. Approve LESJWA Work Order in the amount of $25,000 and authorize the City Manager to execute the document. 2. Approve the Exception to Bid Procedures per Lake Elsinore Municipal Code Section 3.08.070B for the sole source purchase of Floating Islands and other services in an amount not to exceed $25,000. Councilmember Hickman questioned the type of material the island was constructed from, the placement of the island, the environment and the type of plants which would be on the island. He also questioned if the public could access the island and actually get onto it, and if so, if there were enough weight, could the island be submerged. He also questioned if the roots could actually grow down into the bottom of the lake and behave similar to sea-weed. Lake and Aquatics Director Kilroy responded the island was a floating sponge, and could be sunk. He noted it was made with sponge material, was held together with tape, native vegetation planted on the island which was free floating. He also stated the island was a donation, for us to determine if it would be beneficial to provide feeder areas and assist with the oxygen levels. He noted it was difficult for plants to take hold onto the bottom for growth, especially without sunlight. Mayor Pro Tern stated this same item was on the LEJWA Agenda last week and wanted to know if we were anticipating any possible problems. Mayor Pro Tern questioned if the island would require maintenance and if they would stand out and cause attention from the public. Director Kilroy stated this would be his first experience with an island, and therefore had not determined problems. He stated he would prefer to use j local plants, and may transplant and purchase some. Director Kilroy stated the lake was huge, stating they would not be noticeable; he was planning to place them near the east cove. He also stated the islands were being purchased with state funds and grant money provided to LESJWA and funds from the Inland Water Keepers. They felt this is what they wanted to spend the money on, and the purpose of this was an experiment, to see if it would be a worthwhile investment. Mayor Pro Tem Melendez asked if the islands would cause a liability to the City should someone from the public get hurt. City Attorney Leibold confirmed with Director Kilroy if there were signage (which there is), and noted it would be a minimal risk due to the signage. She also questioned the maintenance cost, to which Director Kilroy responded at this point he did not have any experience to respond with and it was determined we Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 9 of 14 I had to purchase the native plants to plant on the islands. The subject of a fishery was discussed along with refunding grant money. The benefit was also discussed, to which Director Kilroy responded this was an evaluation to determine the benefit. Councilmember Hickman questioned if the islands were anchored, to which Director Kilroy responded they would be anchored the same as the floating restroom, yet they were free floating to allow them to flow with the lake's water level. Director Kilroy stated if the Council did not feel this was appropriate, the item could be tabled, however he recommended the Council consider if this would be a worthwhile prototype, stating the advantage would be to see if we could naturally grow aquatic vegetation which would assist with the oxygen levels of the lake. Mayor Pro Tern requested if maintenance needed to be performed if it was possible to have community service groups involved, such as the Boy or Girls Scouts, to which Director Kilroy responded this could be possible. PUBLIC HEARING(S) (13) Community Facilities District No. 2003-2 (Canyon Hills) Improvement Area D. altering the Rate and Method of Apportionment of special taxes Recommendation: 1. Conduct the Public Hearing. 2. Adopt Resolution No. 2009- calling a Special Election to alter the Rate and Method of Apportionment of an existing Special Tax relating to Improvement Area D of the City of Lake Elsinore Community Facilities District No. (CFD) 2003-2 (Canyon Hills). 3. Conduct the Special Election. 4. Adopt Resolution No. 2009- canvassing the results of the Special Election held within Improvement Area D of the City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills) and approving the changes to the Rate and Method of Apportionment of existing Special Taxes within such improvement area. Mayor Magee noted a map identifying the area had been provided by (f staff. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 10 of 14 Councilmember Hickman verified the CFD was currently at 40 years, which was a long timeframe. He also stated there are times when Bonds may be issued for 25 or 30 years, however the CFD was always for 40 years. He clarified when the Bonds were paid in full, the CFD could stop at that time. Consultant Dennis Anderson confirmed it was not uncommon for a CFD to be this length. He noted the developer; Pardee Homes was requesting an additional 6 years since the development has not yet begun. Councilmember Bhutta questioned when the development was scheduled to begin, to which Consultant Anderson noted it would be an additional 5 to 10 years from now. APPEAL(S) None. BUSINESS ITEM(S) (14) Chamber of Commerce Agreement, General Services and Tourism Recommendation: Approve the Agreement and authorize the Mayor to execute the Agreement with the Lake Elsinore Valley Chamber of Commerce. Mayor Magee noted this was a 10 percent reduction in the cost, and thanked him. He noted the Chamber was acting as a continued arm of assistance since they were open on Fridays when City Hall was closed. President Cousins noted the Chamber was not cutting back on services, their expenditures have increased, they were doing more with less, including additional marketing, launching a magazine, increasing the involvement of Frontier Days, launching the Cash-Value Card and offering ways to help the community. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES ~ j None. I~ Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 11 of 14 F1 REDEVELOPMENT AGENCY Vice Chair Bhutta led the meeting in the absence of Chairman Buckley. PUBLIC COMMENTS - NOWAGENDIZED ITEMS -1 MINUTE None. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency August 11, 2009 i (b) Redevelopment Agency Regular Meeting August 11, 2009 During the City Council portion of the meeting correction were requested regarding the Joint Study Session Minutes: Regarding the Redevelopment Agency Minutes, Agency member Melendez requested a correction; Page 17 of 20, Paragraph 2 noted 20 years instead of 2 years. Agency Secretary Thomsen noted the corrections would be made. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 12 of 14 (3) Warrant List Dated July 30, 2009 NO COMMENTS / QUESTIONS Recommendation: Authorize payment of Warrant List dated July 30, 2009. (4) Investment Report - July. 2009 NO COMMENTS / QUESTIONS Recommendation: Receive and file. (5) Agreement for Contract Redevelopment Project Manager Recommendation: The Agency Board authorize the Executive Director to execute a Personal Services Agreement in the form attached hereto with Steve Soto in an amount not to exceed $50,000. Member Magee noted the Agreement did not offer a provision for mileage, to which Executive Director Brady stated the issue had not been addressed and would not be needed. Member Magee confirmed the new Project Manager would be responsible to sign off on all invoices, etc. Fill Member Magee noted the Manager would be meeting with the Riverside Housing Redevelopment Corporation (RHDC) and also requested the new manager meet with IERC, Inland Empire Recovery Corporation, to which Executive Director Brady concurred. Executive Director Brady gave an overview of the request to bring Mr. Steve Soto on staff as the Redevelopment Project Manager to assist with the outstanding tasks currently facing the Agency. The current Manager is terminating his employment since being awarded a Rhodes scholarship overseas. It was noted the remaining workload of the Redevelopment Agency required an experienced manager and would be beneficial in providing training and guidance to Justin Carlson who is now part of the Redevelopment team. It was noted Mr. Soto the Agreement calls for approximately 50 hours per month and he brings over 30 years of redevelopment and economic experience. It was noted the fiscal impact would be offset by salary savings resulting in Mr. McCarty's resignation. The contract offered to Mr. Soto is for the timeframe from September 1, 2009 to June 30, 2010. Mr. Soto addressed the Redevelopment Agency stating his goal is to assist the City with the outstanding items, and to work with Justin so he would be able to perform Redevelopment functions. Lake Elsinore City Council I Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 13 of 14 Discussion was held with the Redevelopment Agency and Mr. Soto regarding his past employment and experience and expertise with various projects. He stated he had been involved with multiple Agencies including private practice and municipalities, and named some local cities as reference. His listing included the Cities of La Mirada in Los Angeles County, the cities of Orange and Westminster in Orange County, and Norco in Riverside County. He stated he also worked for Hopkins Development Company as Director of Community Services. He noted he had since started his own Municipal Redevelopment Agency Consulting Company. Discussion was held regarding Mr. Carlson working with Mr. Soto and stated he would be moving from the Planning Department to the Redevelopment Agency which would help offset the general funds. Agency Counsel Leibold stated she was familiar with Mr. Soto and had worked with him at some of his referenced employment and found him to be capable. She stated the reason to bring on an experienced manager at this time was not a reflection upon Mr. Carlson, but was due to the complexities and the number of the pending redevelopment project issues. She stated Mr. Soto's experience would be of benefit to Mr. Carlson. PUBLIC HEARING(S) None. BUSINESS ITEM(S) None. PUBLIC COMMENTS - NOWAGENDIZED ITEMS - 3 MINUTES None. CLOSED SESSION Agency Counsel Leibold gave an overview of the closed session items that were before the Redevelopment Agency and the City Council. i Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 14 of 14 F REDEVELOPMENT CLOSED SESSION (1) CONFERENCE WITH:, LEGAL COUNSEL --ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 2 potential cases 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: 1 potential case CITY MANAGER COMMENTS City Manager Brady informed the Council tonight was the last meeting Parks and Recreation Director Gonzales would be attending since he had decided to retire and take advantage of the "Golden Handshake" the City was offering; noting his last day of employment would be September 11, 2009. ADJOURNMENT The City Council and the Redevelopment Agency completed the business before them at 4:56 .m. and both adjourned to the Closed Session meeting scheduled to be h at :00 m. R E Magee, or A huff DA Vice Chair City of Lake Elsin , California Ity of Lake Elsinore, California Attest: ~x'Fif_'719i~G✓ ~f / /l/1~'t Ski'/ - . - Debora Thomsen, CMC City Clerk / Redevelopment Agency Secretary F City of Lake Elsinore, California