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HomeMy WebLinkAbout10-13-2009 SSPage 1 of 16 CITY OF LAKE ELSINORE JOINT CITY COUNCIL / REDEVELOPMENT AGENCY STUDY SESSION - AGENDA REVIEW MINUTES October 13`h, 2009 CITY COUNCIL CALL TO ORDER - 4:00 PM Mayor Magee called the regular meeting of the Lake Elsinore Joint City Council / Redevelopment Agency Agenda Review Study Session to order at 4:00 p.m. on Tuesday, October 13th, 2009 in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tern Melendez, Councilmember Bhutta, Councilmember Hickman. ABSENT: Councilmember Buckley. City Clerk Thomsen stated Councilmember Buckley could not attend this evening's meeting do to a prior commitment to the Northwest Mosquito and Vector Control District. Councilmember Buckley is the City's representative on the District's board. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Information / Communications Manager Dennis, Director of Lake and Aquatics and Interim Parks and Recreation Director Kilroy, Building and Safety Manager Chipman. PRESENTATIONS / CEREMONIALS City Clerk Thomsen notified Mayor Magee who would be present for each Presentation: Business of the Quarter - Tulips, Trophies & Treasures Kimberly and Harvey Ryan, owners would accept the award. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 2 of 16 Recognize Police Deputy Richard Vrvheid for rescuing a suicidal victim Police Chief Cleary and Mayor Magee would honor Deputy Vryheid for his heroic actions. EVMWD presentation - Lakeshore Trunk Line Project Mr. Greg Morrison would be present to give the presentations. Welcome Home Troops Ms. Susan Rebar, Director of Welcome Home Troops would be present and give a presentation. Mayor Magee noted he would announce the EVMWD presentations last, since it would probably be longer than the others. PUBLIC COMMENTS - NOWAGENDIZED ITEMS -1 MINUTE (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting) PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting. The Mayor will call on you to speak, when your item is called) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item) (2) Approval of City Council Minutes NO COMMENTS / QUESTIONS Recommendation: Approve the following minute(s): (a) Regular City Council Meeting Minutes from September 22, 2009. (3) Warrant List Dated September 30. 2009 Recommendation: Authorize payment of Warrant List dated September 30, 2009. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 3 of 16 Councilmember Hickman questioned the following items: Warrant No. 100942 Fulbright & Jaworski, LLP Acting Administrative Services Director Riley responded, stating these were our Bond Counsel who had worked on a project the developer had paid for. Warrant No. 100944 - 100946 Harris & Associates Councilmember Hickman questioned if $45,000. was paid for plan check items when the City is so slow. Acting Administrative Services Director Riley responded stating Harris & Associates were paid the funds from an account the developer had set up for them to do specific work for them. Councilmember Hickman noted we have a vendor listed, Hi-Way Safety; and questioned if we order our signs from them, such as Neighbor Watch and what would be the cost. Public Works Manager Bill Payne responded from the audience stating he would verify and get back to Councilmember Hickman. (4) Claims Against the Citv Recommendation: Reject the claims listed above and direct the City Clerk's Office to send a letter informing the claimants of the decision. Councilmember Hickman questioned the damage regarding the claim at Central Avenue and the 1-15 and off-road work, asking what they hit to ruin all 4 tires. City Manager Brady responded this was when there was a lip in the intersection during construction. (5) Authorization for the City Manager to enter into a Contract with HDR. Inc. for the Preparation of an Environmental Impact Report for the Central Recommendation: Authorize the City Manager to enter into a contract with HDR for an amount estimated at $426-,259 $126,950. City Clerk Thomsen notified the Council before the meeting began; the correct dollar amount is $126,950, not $126,250 (due to a typographical error). Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 4 of 16 Acting Community Development Director Weiner gave an overview of this item. Questions were then asked by the Council: Mayor Pro Tern Melendez wanted to know if a Request for Proposal (RFP) had gone out regarding this project, too which Mr. Weiner responded a RFP was not done. She verified this work was started and then stopped and HDR was the original Consultant. She questioned their fees for services and noted there was not a Not-to-Exceed amount identified; therefore all costs listed would be an estimate. Mr. Weiner stated an RFP was not generally done for Developers, but RFP's are done for CEQA work. He noted an existing qualifications list is generally used to choose from. Mr. Weiner stated the scope of services were modified, and stated the contract was set up as the City would have to approve additional services, therefore the City would be in charge of the dollar amount. City Attorney Leibold noted on Page 10 of 11 there were task items listed which clarified the work to be done. City Manager Brady stated the developer and the Contractor spoke together to determine who would be responsible for what and they were in concurrence including the cost for delivery. Councilmember Bhutta requested what type of development would be going into the area and if there was a proposed start date. Mr. Weiner stated nothing had been specifically identified; there was a tenant, however it would be commercial-retail. Mr. Weiner stated a start date has not been revealed. Councilmember Hickman requested a brief history of the project and asked who the Developer was. Mr. Weiner responded, stating the original Developer was Mark Pebbles, he has been in touch with the person, but could not name the company, but would get the information. Mayor Magee noted to the City Manager regarding stockpiling of soil on the site. Mayor Magee requested if the property owner had been notified. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 5 of 16 City Manager noted the stockpiling had not been permitted and they were not aware where it was coming from. He also noted he was not aware if the owner had been notified. The Mayor also noted he was concerned regarding awarding this contract, since there were issues that were unresolved, such as illegal dumping, the square foot the building would be and traffic issues. He noted if these items were not yet known to us, how could work be authorized and direction given to the Developer and Contractor. Mr. Weiner noted he did know the square footage, it is estimated to be between 90,000 to 130,000 square feet of commercial property. City Attorney Leibold clarified regarding the cost estimate. In response to Mayor Pro Tern's previous question, stating we agreed to pay reimbursable (noting a cost plus would not be allowed such as a 10 to 15 percent fee). A statement would be added to the final form of the Agreement such as approved by the City's attorney. (6) Safe Candy Night Recommendation: Approve street closure on Main Street from Library Avenue to Peck Street, with traffic detours at Heald Avenue and Lakeshore Drive on Saturday, October 24, 2009 from 1-9 p.m. for the Safe Candy Night Event. Councilmember Hickman questioned why this event was being held 1 week before Halloween and not on Halloween which is on a Saturday. City Manager Brady responded stating because Halloween fell on a Saturday, many of the organizations who would normally volunteer their services had decided to hold their own event. He noted the City simply could not get the appropriate quantity of help needed to hold the event on Halloween. He further noted, because of the car show already planned for the 24th, if the two events were combined, enough volunteers were available. The City was faced with the choice to either combine the events or not hold the Safe Candy Night at all. Mayor Magee questioned if the local businesses had any complaints regarding the change of date. City Manager Brady responded the Downtown Business Association (DBA) is the one who had started the event, but with the City's involvement more volunteers are needed. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 6 of 16 Discussion was held between the Mayor and the City Manager regarding the DBA and road closures, and City Manager Brady stated he had held several meetings with the businesses to keep them informed and up to date. Councilmember Hickman recommended advertisements including flyers be given to all of the local elementary schools to notify them early enough to make their plans. Director Kilroy stated last year's event held about 3,500 children yet most of the volunteers did not show up. This year's advertising was the same as last years. Mayor Magee recommended the information be given to the Public Information Officer of the school district to let them handle. (7) Recommendation: Approve U.S. Army Corps of Engineers permit and authorize the City Manager to execute the document. Director of Lake and Aquatics and Interim Parks and Recreation Director Kilroy gave a brief overview of this project stating the work was being completed in phases, noting approval of this item would clear all environmental hurdles to allow the program to move forward. Mayor Magee congratulated Director Kilroy for being able to work this situation out with the other agencies. He felt this type of problem should have never taken place regarding the boat launch. (8) Agreement with William J. 'Rusty' Beardsley, RBI Traffic to Provide General Traffic Engineering Services Recommendation: Approve the Agreement and direct the Mayor to execute the documents on behalf of the City. Public Works Director / City Engineer Seumalo gave an overview of the item stating a Traffic Engineer was needed, since the previous one just retired receiving the Golden Handshake. Therefore, we could not hire for the project directly but could hire a Consultant. He noted currently Plan Check Services were lower than normal. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 7 of 16 Councilmember Bhutta questioned who was on the selection committee, if this position was advertised, and how many people did Director Seumalo make his decision from. Director Seumalo responded he did not advertise, but had used contacts in this field to determine eligibility of those available. He stated he had 3 choices to decide between. Councilmember Hickman question the Consultant cost was $90. per hour and the position was to be when needed, "on call?" Director Seumalo confirmed this. Councilmember Hickman questioned if Director Seumalo was truly happy with this choice. Director Seumalo stated yes, and gave a brief overview of Mr. Beardsley's history. It was confirmed this item was not in conjunction with Item No. 9. (9) Agreement with Bureau Veritas to Provide On-Call Professional Engineering Services Recommendation(s): 1. Staff recommends that the City Council approve the Agreement with Bureau Veritas to provide professional plan check services. 2. Authorize the City Manager to execute the Agreement. Public Works Director / City Engineer Seumalo gave a brief overview of the item, noting the City has worked with Bureau Veritas previously and did not have a problem with their work. Mayor Pro Tern Melendez confirmed with Director Seumalo the scope of the Contract. Director Seumalo noted this was a contract renewal and he was also adding additional services. She questioned why the City was not being competitive with the Contract, noted their fee schedule was higher than the City's fee schedule and questioned if the City would be paying the difference. Director Seumalo stated Bureau Verias's fees were in accordance with the industry. Acting Administrative Services Director Riley responded we charge what the Contractor charges, and confirmed he needed to re-evaluate. City Manager recommended the fee schedule should probably be revised. Director Riley noted on the fee schedule, it states it is a recommended deposit amount, which allows us to have the flexibility to charge what the contractor charges. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 8 of 16 Mayor Pro Tern Melendez noted our website does not state the fee is an estimate charge; she did not want to award this contract and would be pulling the item at the Council meeting. City Attorney Leibold stated this was the same approach, if the item is approved, the fee issues could be resolved with final verbiage approved by the City Attorney. Councilmember Hickman questioned what our City's fees were in comparison to other local cities, to which Director Seumalo noted Lake Elsinore is lower than our surrounding neighbors. (10) Proposed Road Closures for the Lake Elsinore Grand Prix Recommendation: Approve the street closures as listed in the discussion section of this report. Mayor Pro Tern Melendez questioned if resolution on how the funding would be spent. City Attorney Leibold stated the Agreement is now being given to the Storm for signature. Councilmember Bhutta asked if the property owners have received notification yet and what type of community outreach was scheduled. Mr. Dave Oster from Storm Entertainment stated a letter had gone out to the property owners and to his knowledge, there is only one issue regarding insurance liability which would be handled tomorrow. Councilmember Hickman verified if the coverage was over the $300,000 requirement, to which Mr. Riley stated it was not. (11) Rosetta Canyon Fire Station and Park Project Contract - Change Order No. 4 Recommendation(s): 1. Approve project Change Order No. 4. 2. Authorize the City Manager to execute the Contract Change Order. Mayor Pro Tern Melendez questioned why there have been so many Change Orders regarding this project, and if any of the changes had lower the costs. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 9 of 16 Director Seumalo noted the changes are because of the changes in the park. First ball fields were not part of the park, then there was, then other items, such as improvements regarding valves, etc. He stated none of the changes have lowered the price. Councilmember Hickman noted Tuscany Hill's Homeowners Association dues would be raised to $109.00 monthly and recommended a revaluation should be done to ensure since the price of water was not out of the original estimate. Director Seumalo stated he would look into this. (12) Rosetta Canyon Fire Station and Park- Grant of Easements to EVMWD Recommendation: Authorize the Mayor to execute the Easement with EVMWD for Rosetta Canyon Fire Station and Park. Mayor Pro Tern Melendez questioned when EVMWD needed an easement, and would there be anything written regarding how and where and what the result of the work would look like. She noted if the water company was responsible to pay to access their equipment. Director Seumalo explained "private rights" and who would be responsible for what. He noted the City holds the private rights, since it is our park. Councilmember Hickman questioned worked out with the electric, gas an( Seumalo responded positively. if all of the valves and meters were Water Company, to which Director Mayor Pro Tern Melendez asked if this property could be used for a dog run since it is not large enough for a dog park. She noted if they were not granted the easement, how could they reach their equipment. She noted her purpose is to see if they were willing to negotiate for a dog area. Director Seumalo stated they were asking us for access to their equipment, and were taking the route we asked them to. City Attorney Leibold stated the terms of the easement would not allow them to build or have any other structures. The scope of the easement only allows for them to access their equipment. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 10 of 16 City Manager Brady stated they could be approached if that is the direction the Council gives. Director Seumalo stated the City needed a valve from EVMWD and the City has a good working relationship. Mayor Magee asked how soon the easement is needed. Director Seumalo stated since the park is just being built they probably did not have a time rush for the easement, but needed it in place in the event something happens. Mayor Magee requested for the City to see if the water company is agreeable to consider some type of negotiation to see if they were agreeable to work with us. Discussion was then held regarding pulling the item until the water company could be approached. PUBLIC HEARING(S) None. APPEAL(S) None. BUSINESS ITEM(S) (13) Proposed Installation of Stop Signs at the Intersection of La Strada and Summerhill Drive Recommendation: Reject the installation of stop signs at the intersection of La Strada and Summerhill Drive based on the results of the warrant study. Mayor Magee noted he had received information there would be parents at the City Council meeting tonight to address this item. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 11 of 16 Councilmember Hickman stated he did not want to wait until something happens for a stop sign. Councilmember Bhutta concurred with Councilmember Hickman. Councilmember Hickman noted the traffic may not warren a stop sign, but stated the danger qualified it. City Manager Brady noted there are several alternatives that could be evaluated regarding options, and Council could pull the item tonight and then continue it. Mayor Magee noted this item was a Business Item, and up for discussion. If the public wanted to address this item tonight, they would be allowed to; the Council would hear them and then determine how to handle. City Attorney Leibold stated the recommendation is to receive the information of the study. She recommended the Council could file the study and continue the item and give direction for further research. (14) An Ordinance of the City Council of the City of Lake Elsinore. California. Regarding Regulations of Grading and Hauling Recommendation: Waive further reading and introduce an Ordinance amending Chapter 15.72 to the Lake Elsinore Municipal Code (LEMC) regarding grading and hauling. Mayor Pro Tern Melendez stated she reviewed the Grading Ordinance, and asked when the last time the City requested a Hauling Bond from a Developer. She stated the Ordinance needed to be strengthened. Director Seumalo stated it may be Spyglass Hill but couldn't state positively. City Manager Brady noted the Municipal Code would be revised tonight with the passing of the proposed Ordinance. Further discussion was held regarding what other cities are doing, the scope and purpose of the Grading Bond, damage to public property, and fees or cash received. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 12 of 16 Mayor Pro Tern Melendez stated she would like to direct staff to reevaluate a Grading Ordinance. Councilmember Hickman questioned how much dirt is being moved down Summerhill Drive, the road has been ruined. Mayor Magee referred to Page 2 regarding the inspection of truck hauling trucks, which is a California Highway Patrol (CHP) item. Page 2 of 6 states Cubic Feet; it was confirmed it should be Cubic Yards. Also, the verbiage states Building Official and should be changed to City Engineer. (15) Urgency Ordinance of the City Council of the City of Lake Elsinore. California. amending and restating Section 8.40.040 SubpartC of the Lake Elsinore Municipal Code regarding dogs on leash in City Parks Recommendation: Approve by a four-fifths vote the attached Ordinance No. amending and restating Section 8.40.040 Subpart C of the Lake Elsinore Municipal Code regarding dogs on leash in City Parks. City Attorney Leibold stated the Urgency Ordinance allows an exception to off leash areas to be designated by the Council. It is not site specific. Mayor Magee noted with the absence of Councilmember Buckley he noted all present Council members would have to vote in favor of this Ordinance. Mayor Magee stated he would prefer this item be continued since the Council was not in Agreement with the proposed dog Park. City Attorney Leibold stated all present Council members did state they were in favor of a dog park, just not the McVicker Park location. She noted this Ordinance allowed for a dog park and the current trial location. She noted if this Ordinance was continued, by the time another Ordinance was put in place, the trial period would be over. Mayor Pro Tem Melendez requested to wait until the City Council meeting to consider any change. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 13 of 16 (16) Recall Petition Certificate of Registrar of Voters Recommendation: No City Council action is required at this time. City Clerk Thomsen stated the Riverside County Registrar of Voters (ROV) did certify the Recall Petition of Councilmember Buckley and a copy of the Certificate is included in their Agenda Packet. Mayor Magee noted since this was a "receive and file" item, he would call City Clerk Thomsen forward to give an overview of the item tonight and answer any questions. Councilmember Hickman asked why this was a "receive and file" item, and asked if an election date could be established tonight. City Attorney Leibold stated proper protocol and procedures were being followed by this action of presenting the Certificate tonight. City Clerk Thomsen referred to the Secretary of State Recall Procedures and the State of California Election Code, noting the first point is to present the Certificate to the Council, then the next section of the Election Code states the Council has up to 14 days to call an election, and, if not done, then the ROV can call an election. Clerk Thomsen stated she is following the written protocol and procedures. Mayor Pro Tem Melendez discussed if the Council has 14 days to call an election, she asked why they were not given all of the options to do so tonight. Mayor Magee confirmed with the Clerk if it was her intent to place another item on the next Council meeting Agenda which would outline all options and dates. City Clerk Thomsen confirmed that was her intent and would prepare and provide all of the necessary information for the next City Council meeting and was verbally prepared to answer all questions tonight. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES None. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 14 of 16 REDEVELOPMENT AGENCY CALL TO ORDER - 4:00 PM Vice Chair Bhutta opened the Redevelopment Agency portion of the Joint Study Session at 5:10 p.m. ROLL CALL Roll call stood as previously stated for the City Council meeting. CLOSED SESSION Agency Counsel Leibold gave an overview of the Redevelopment Agency Closed Session item. RDA CLOSED SESSION 1) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 2 cases CONSENT CALENDAR There was no one who wished to speak regarding a Consent item. (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): (a) Redevelopment Agency Regular Meeting September 22, 2009. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 15 of 16 (3) Warrant List Dated September 30, 2009 Recommendation: Authorize September 30, 2009. payment of Warrant List dated PUBLIC HEARING(S) None. BUSINESS ITEM(S) None. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES None. ADJOURNMENT The Redevelopment Agency completed the business before them at 5:11 p.m. and adjourned the meeting back to the City Council to complete their meeting and adjourn to the Closed Session meeting scheduled to be held at 5:00 p.m. CITY COUNCIL CLOSED SESSION City Attorney Leibold gave an overview of the items for the City Council Closed Session items. 1) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9) Voters Against Lake Street Market vs City of Lake Elsinore (Riverside Superior Court Case No. RIC528604) Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 16 of 16 2) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case ADJOURNMENT The City Council and the Redevelopment Agency completed the business before them at 5:11 p.m. and both adjourned to the Closed Session meeting scheduled to be held at 5:00 p.m. The Lake Elsinore Redevelopment Agency and the City Council will adjourn to a regular meeting to be held on Tuesday, October 27, 2009, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Robert E. Magee, City of Lake Elsini Amy Bhutta; RDA Vice Chair City of Lake Elsinore, California Attest: Debora Thomsen, CMC City Clerk / Redevelopment Agency Secretary City of Lake Elsinore, California AUGUST °o 1980 `