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HomeMy WebLinkAbout05/11/2005 PSAC Reports CITY OF LAKE ELSINORE PUBLIC SAFETY ADVISORY COMMISSION AGENDA MIGiAEL LEWIS, CHAIRMAN WIlliAM]. ARNOLD III, VICE CHAIRMAN RON HEWISON, COMMISSIONER RAY KNIGHf, COMMISSIONER ROBERT BRADY, OTY MANAGER WWW.LAKE-ELSINORE.0RG (951) 674-3124 PHONE (951) 674-2392 FAX LAKE ELSINORE CUL 1URAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 MAY 11, 2005 6:00 PM If you are attending this Public Safety Advisol)' Commission Meeting, please park in the Parking Lot across the street from the alltural Center. This wiD assist us in limiting the impact of meetings on the Downtown Business District Thank you for your coopemtion! &L TO ORDER JpLEDGE OF ALLEGIANCE JROLL CALL J PUBLIC COMMENTS Any person 'lRishing to addrrss the Public Safety A chisory OJrmission on any rmtter nut ronplete a request formprior to ~ if the rrretin& (0Jmrrmts limtRd to 3 minutes). j CONSENT CALENDAR. ITEMS All mztters on the Consent Calendar are appruurl in one m:tion, unless a CamnissioJrr or any m:niers if the public requests separate aaion on a spocifU: aaion. 1. Minutes a. April 13, 2005 PAGE 2 PUBLIC SAFETY ADVISORY COMMISSION AGENDA - MAY 11, 2005 ~USINESS ITEMS J21. Railroad Canyon Road Slope Failure and Safety Precautions L RECOMMENDATION: Staff will give oral update on the condition, safety and lane closure. Attached is the April 12, 2005, GtyCouncil report detailing the contract with the Gty & County Soil Engineering and Testing Cotporation for Professional Geotechnical Engineering Services. PSAC Requests (Action Log) RECOMMENDATION: Receive and file. J / viNFORMATI ONAL CITY MANAGER COMMENTS PUBLIC SAFETY ADVISORY COMMISSIONER'S COMMENTS ADJOURNMENT r" MINUTES PUBLIC SAFETY ADVISORY COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, APRIL 13,2005 ************************************************************* CALL TO ORDER Chairman Lewis called the Public Safety Advisory Commission Meeting to order at 6:00 p.m. ROLL CALL PRESENT: COMMISSIONERS: ARNOLD, HEWISON, KNIGHT, LEWIS '" ABSENT: COMMISSIONERS: VACANT Also present were: City Manager Brady, Community Services Director Sapp, Police Lieutenant Bates, and Clerk of the Board Ray. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Vice Chairman Arnold. PUBLIC COMMENTS None. CONSENT ITEMS 1. The following Minutes were approved with minor corrections: a. Public Safety Advisory Commission Meeting - February 9,2005. b. Public Safety Advisory Commission Meeting - March 9,2005. "" Agenda Item No. ,,,,- PageLOf <1 ~ge Three - Public Safety Advisory Commission Minutes - April!3, 2005 MOVED BY ARNOLD, SECONDED BY HEWISON AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE REPORT. 23. Proposed Guidelines and frequency of PSAC Reports to the City Council. Chairman Lewis gave an overview of the item. He indicated that the Commission would like to provide a report to the Council at the closest meeting following the Commission meeting; and that he had requested that the City Clerk block time for a presentation. ~ Commissioner Hewison deferred to the City Manager for a response to the request. City Manager Brady questioned if that would be a verbal update provided by the Commission. Chairman Lewis indicated that would be a presentation by a Commissioner. City Manager Brady indicated that the City Council did receive a copy of the PSAC minutes. He indicated that if the Commission wished to make a few comments it could possibly be done with a 3 minute request to speak. MOVED BY ARNOLD, SECONDED BY HEWISON AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE REPORT. 24. Skate Park Exhibition Policy and consistency with posted Safety Rules. Chairman Lewis gave an overview of the item. He indicated that after speaking with the McVicker Skate Park Manager he was informed that it was their goal to help clean up and create a safe environment. He indicated that they had spoken about providing signage explaining the laws relating to the use of helmets. ~ Mark Lowery, Action Parks Alliance, indicated that he had been contracted through Action Parks Alliance to manage the skate park. He gave the Commission a pamphlet with the goals of his program for the skate park. He indicated that the pros did not feel as though they needed to wear a helmet. He indicated that at a lot of different city skate facilities that were Agenda Item No. I a..... pagelOf~ ~ge Five - Public Safety Advisory Commission Minutes - April 13, 2005 MOVED BY ARNOLD, SECONDED BY HEWISON AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE REPORT. 26. Status of PSAC Requests (action log). City Manager Brady gave an overview of the item. He noted the letter submitted by Jimmy Flores with concerns of street sweeping and trash pick up; and the issues that occur when there was a holiday and the trash was picked up the following day. City Manager Brady explained that citizens believed that if the trash pick up was a day late then the street sweeper would be a day late; and with the confusion the City decided it was better not to sweep the street that week. "".-. City Manager Brady indicated that the Mayor had met with Mr. Fleming in regard to code enforcement complaints along the lake shore area. He indicated that there had been some properties with docks that were not repairable. He indicated that one dock was removed by the City after the owner was informed that the dock was a hazard; and the owner did not comply with the removal of the dock. He indicated that action had been taken by the City on some of the code violation issues along the lake shore. Commissioner Hewison commented on buffer zones. City Manager Brady indicated that the buffer zone might be appropriate for a lake that was stable in its elevation where the shoreline did not change a lot, but terms in how the property might be used was more of a land use issue. City Manager Brady indicated that it was a code enforcement issue. Commissioner Hewison commented on the Tuscany Hills memo. He commented on a letter dated September 29th 2004, regarding a speed limit sign on Via Del La Valle and Via Valtelena. City Manager Brady indicated that the signs would be installed. MOVED BY ARNOLD, SECONDED BY HEWISON AND CARRIED BY ~ANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE PORT. Agenda Item No. / CiL- . Page S- Of 'f! - ~ge Seven - Public Safety Advisory Commission Minutes - April 13, 2005 MOVED BY ARNOLD, SECONDED BY HEWISON AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE REPORT. Vice Chairman Arnold commented that he submitted a letter to the Mayor suggesting that he consider the City Council and Commissions having group pictures taken, so citizens could identify the faces of local government. Chairman Lewis commented that he would like to see other emergency services within the City represented at the meetings. He suggested limiting the Commissioners concerns to one each for the next agenda. He complimented Information/Communications Manager Dennis. ADJOURNMENT '"'" THE PUBLIC SAFETY ADVISORY COMMISSION MEETING WAS ADJOURNED AT 7:55 P.M. MICHAEL LEWIS, CHAIRMAN PUBLIC SAFETY ADVISORY COMMISSION '"'" Agenda Item NO.~ page~ocf_ ,,- CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: APRIL 12, 2005 SUBJECT: ENTER INTO A CONTRACT WITH CITY AND COUNTY SOIL ENGINEERING AND TESTING CORPORATION FOR PROFESSIONAL GEOTECHNICAL ENGINEERING SERVICES. BACKGROUND On February 25,2005, there was a slope failure adjacent to the eastbound travel lanes of Railroad Canyon Road. The City responded by installing a lane closure and temporary detour to buffer traffic from further slides and consulting with City and ~ County Soil and Engineering Testing Corporation to provide a quick analysis on the stability of the slopes. Because of the widespread damage the winter rains have caused, the availability of this or other consultants was very limited. Because of their recent experience with the Railroad Canyon slope and the limited availability of other consultants, staff has asked for the attached proposal by City and County Soil and Engineering Testing Corporation to perform a comprehensive study of the area. FINDINGS Upon review of the qualifications and experience of City and County Soil and Engineering Testing Corporation, Staff is supporting the use of this geotechnical company to continue their work of investigating the stability of the slopes along Railroad Canyon Road. The proposal will result in a report that will include information regarding the stability of the slopes, potential rock-fall scenarios and potential mitigation measures. The professionals enlisted to work on this project are experienced professionals that are familiar with the geologic features in this area. /'"' The City Attorney's office has reviewed the agreement and found it to be acceptable. AGENDA ITEM NO. 2__} PAGE I . OF / ? AGREEMENT FOR PROFESSIONAL SERVICES r' This Agreement for Professional Services (the "Agreement") is made and entered into as of the _ day of , by and between the City of Lake Elsinore, a municipal corporation ("City") and ("Consultant"). RECITALS A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Consultant to render professional consulting services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. r- 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of one (l) year. 3. ComDensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $39,916.50 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method ofPavment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equa190% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. 5. Extra Work. At any time during the term of this Agreement, City requests that Consultant . _~rf~~E~~_~E_r~~.~~~dJ!~~~_"~~~.WQrk~~_m~JIDYW9rk.wbiGbjs_detenninedb,r_Ciqrio. . be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor r- be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services AGENDA ITEM NO. ""2...) 1 PAGE ~ OF '\. ~ 8. Consultant's Books and Records. ".,-. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of fmal payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest. ".,-. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not actas an' agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to hislher rendition of information, advice, recommendation or counsel independent of the control and direction of the City "........ or of any City official, other than normal agreement monitoring; and '2.1 AGENDA ITEM :o.-;;-~ 3 PAGE_/ _v_ ~ either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. lll. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than two hundred and fifty thousand dollars ($250,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best"B rating of no less than A:VII and shall be endorsed with the following specific language: ~ i The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. 111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits ofliability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affeCt coverage provided to the City, its elected or appointed officers, officials, employees, __. ___ _ _~g~!l~-,__<?~volunteers~_____u_~__.u ____. __._ _ __ _ _ _ _ ______ ____ __ __ _ __ _ __ _ __ __ ~ vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. 5 No ~I AGENDA \TEM '- OF (<() PAGE_"1 .,..- ." '\ 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or """ otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Exoenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. It the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMSIENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names offive qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. /"'" 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal OpPOrtunity Emplovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for """ employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, , 2-1 AGENDA n t:1~1 NO. 7 PAGE q OF l ~ ~ ~ ~ Attachments: Exhibit A - Scope of Services and Fee Schedule Exhibit B - Certificate of Exemption from W orkefS&Compensation Insurance Exhibit C - List of Subcontractors AGENDA ITEM NO. '2-l . PAGE U .OF l~ ~ . & n~._+.. Sod. eng~ ~ ~~ ar.d.Ted1hg Cott>. 2324 S. VINEYARD AVE.. SUITE -8"- ONTARIO. CA 91761-n75. (909) 930-5868. FAX (909) 930-5867 March 17, 2005 Job #C&C-RAILROAD CANYON-PI.PRO CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92530 Attention: Mr. Ken Seumalo, P. E., City EngineerlProject Manager Subject: Preliminary R~k Slope Stability Analysis, Railroad Canyon Road Rock Cut Slope Failure, East of Grape Stree4 City of Lake Elsinore, California Reference: Your RFQ dated March 15, 2005 INTRODUCTION ;""'" Per your request, City & County Soil Engineering and Testing Corp. and associates have conducted preliminary Railroad Canyon Road rock cut slope failure observations and provided immediate temporary measures for partial re-opening of Railroad Canyon ., Road for traffic on February 25 and 26, 2005, and provided the report dated February . 26, 2005. As you are aware, the subject rock cut slope is currently in an ..over- steepened" condition, and further rockfall is anticipated. Groundwater is also .'daylighting" out of the slope at several locations. In addition, loose rocks have been observed in the upper slope area. As we have informed you, the long term measures to repair or correct the slope failure requires a detailed study of the original and graded hilltop, geologic joint and fracture patterns, and the topography. lIDs study would also include geologic mapping in the vicinity of the landslide, preliminary rock mechanics and dynamic rock fall analysis of the ..over-steepened" slope and potential mitigation measures. Furthermore, our studies would note where large rocks occur within the "top-of-slope" area, which would likely require future scaling or removal. It should be noted that placing manpower on the "over-steepened" slope for mapping purposes will be difficult. As suc~ we anticipate the use of a mechanical lift to safely access the slope. Other methods may be used if deemed appropriate and "safe" by our Engineering Geologist. Accordingly, we have prepared our scope of work and conceptual cost estimate, which should not be considered as fmal but for only budge purpose at this time. ;""'" AGENDA tlEM No.2-I PACE l""S OF '\. '8 Job #C&C-RAILROAD CANYON-PI.PRO Page 3 ".... 5) Draft Docwnent Review and Edit Eng. Geologist 6) Draft Docwnent Review and Edit Geotech. Eng. 7) Report Preparation Expenses (Typing and Clerical) 7) Meeting with City Eng. Geologist 8) Meeting with City Geotech. Eng. 6 6 $750.00 4 4 COST ESTIMATE Engineering Geologist: Geotechnical Engineer Technician Field Expenses *Rental Equipmentllift etc. Clerical Report Preparation Engineering Program/analysis 142 hrs@$150/hr 42 hours @ $150/hr 46 hours @ $60/hr $21,300.00 $6,300.00 $2,760.00 $600.00 $1500.00 $750.00. $1500.00 Total Estimated Field/Office Cost ... ** Add 15% for contingency for total project $34,710.00 $5,206.50 TOATL COST ESTlMATE\ $39,916.50 "",- All quantities are estimated and subject to change and fmal quantities will be billed per the above unit rates. The rental cost for the mechanical lift is estimated and includes the operator of the equipment. The City wiD be notified if the cost for this equipment will be signifICantly different than indicated above. Even though, we have been verbally authorized to conduct the above study, we would like you to please review this cost estimate and inform us your response as soon as possible. Meanwhile, to expedite the project work, we are making our preparation of manpower and scheduling to start the work within few days. As part of our studies, we respectfully request that you make available all files, documents and as built plans related to the above project site for our review and use. We would like to assure you that the undersigned and the technical staff of this office have sufficient experience to perform the subject work in a professional manner and on a timely schedule. '\ We appreciate this opportunity to prepare this cost estimate and look forward to providing efficient services to meet with your construction schedules. "",- AGENDA ITEM NO. PAGE \ '5 2-/ OF l g Sod engineering Ctty & ~ (w'Testing Ootp. r"' ,..-. r"' EXHIBIT "B". CERTIFICATE OF EXEMPTION FROM WORKERS4COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California Executed on this California. day of . 2005 at Consultant \\t~ ~O.~ ~G~"Oj). \ '1 ~Of ~ p~(j~~ I.() o r- -- I.() "'0 CD III 'S; CD c::: ~ ('J o .....J ('J Z ~ o i~ E..... E I- 8cn ~w 0:J ,~ 0 "'OUJ -;'0:: ~oes co (f)~ ~cn '( .. b!l ,5 ..... ll) a <'<:I 11 ll) b!l <'<:I ll) ..s:= ..... ..... <'<:I >. 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BRADY, CITY MANAGER DATE: MAY 11,2005 SUBJECT: PSAC BROCHURE DISTRIBUTION PLAN BACKGROUND The Commission has requested a description of the intended distribution channels for the PSAC brochure that was published last January. DISCUSSION To increase awareness of the PSAC, an educational brochure was recently prepared. Distribution of the brochure at the following public locations will help promote useful safety information. ~ NO. LOCATION NO. LOCATION 1. City Hall/City Yard (various) 6. Children's Fair event, et al. 2. Cultural Center 7. Chamber of Commerce 3. Senior Center 8. Police Station 4. Community Center 9. Fire Stations 5. Lake Elsinore Outlets Lobby 10. Web site FISCAL IMPACT No direct cost has been incurred. RECOMMENDATION Implement distribution plan and replenish brochures as necessary at public points of contact. PREPARED BY: MARK E. DENNIS CITY APPROVED FOR AGENDA BY: r' . '>2..... ~ fl'ifj NO. L-- . ~Of 3