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HomeMy WebLinkAbout02-09-2010 SSMINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 9, 2010 CALL TO ORDER - 4:00 P.M. Mayor Melendez called the Joint Study Session meeting to order at 4:00 pm. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA COUNCIL MEMBER HICKMAN COUNCIL MEMBER MAGEE ABSENT: COUNCIL MEMBER BUCKLEY Also present: City Manager Brady, City Attorney Leibold, Administrative Services Director Riley, Community Development Director Weiner, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Information/Communications Manager Dennis and Interim City Clerk Cowley. CLOSED SESSION 1a. Public Employee Performance Evaluation (Gov't) Code 54957): City Manager 1 b. Conference involving a Joint Powers Agency (Southwest Communities Financing Authority) (Gov't Code Section 54956.96) 1c. Conference with Legal Counsel-Existing Litigation (Subdivision (a) of Gov't Code § 54956.9) Delco Hagan vs. City of Lake Elsinore (Court of Appeal, 4t' District, Case No E049420) 1d. Conference with Legal Counsel-Existing Litigation (Subdivision (a) of Gov't Code Michel Knight vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10001036) 1e. Conference with Legal Counsel-Existing Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: 1 potential case Joint City Council Study Session Page 2 of 9 February 9, 2010 PRESENTATIONS / CEREMONIALS None. PUBLIC COMMENTS - NON AGENDIZED ITEMS Anne Bowman, owner and director of the Southwest Pageants requested City Council consider adopting a resolution that would support the Pageant and would be no cost to the City. Council Member Hickman asked if the winner of the pageant would have the opportunity to proceed to the Miss California Pageant. Anne Bowman replied by saying, yes; however this program is not affiliated with the Miss California or Miss America Pageant. Council Member Magee advised during 2006 and 2008 the City Council supported a Miss Lake Elsinore Rodeo Queen which was organized through the Chamber of Commerce. He requested Ms. Bowman to coordinate with the Chamber of Commerce. Mayor Pro Tern Bhutta asked Ms. Bowman what categories the participants would be judged on. Anne Bowman replied by saying they have a sportswear, evening gown and an on- stage question competition. Mark Woods addressed Council regarding grading at La Strada project and indicated his home sustained significant damage caused from the grading and he would be seeking compensation from the property owners. Council Member Magee provided a copy of a letter to Council from the law firm representing the La Strada development. CONSENT CALENDAR 2. Warrant List Dated January 28, 2010 Recommendation: Authorize payment of Warrant List dated January 28, 2010. Mayor Pro Tem Bhutta requested clarification regarding check no. 101947 in the amount of $130.50 and asked if the vendor is located within the City's limits. Administrative Services Director Riley responded by saying, D&S Electric is located within the City. Joint City Council Study Session Page 3 of 9 February 9, 2010 Mayor Pro Tern Bhutta requested clarification regarding check no. 101951 in the amount of $1,295. Administrative Services Director Riley responded by saying the funds were used for an employee recognition luncheon which was held in July 2009. Council Member Hickman requested clarification regarding check no. 101941 in the amount of $190.34. City Manager Brady replied by saying the funds were used for equipment for the Parks and Recreation Department. Council Member Hickman requested clarification regarding check no. 101982 and asked if there is an outstanding balance for Perera Construction. Public Works Director/City Engineer Seumalo replied by saying Perera Construction is continuing to work on the new Rosetta Canyon Fire station. Council Member Hickman requested clarification regarding check no. 102002 in the amount of $845. Information/Communications Manager Dennis replied by saying the funds were used for a network security device which monitors the incoming email messages to City Hall. 3. Sidewalk Construction - Various Locations Construction Contract Award Recommendations: 1. Award the sidewalk project - various locations to Golden State Constructors, Inc for the amount of $216,168.75. 2. Authorize staff to utilize Measure "A" and SB-821 funds in the amount of $340,000 for the cost of construction, contingency, soil testing, survey, inspection and administration of the sidewalk construction project. 3. Authorize the Mayor to execute the contract with Golden State Constructors, Inc. Mayor Pro Tern Bhutta asked if the City has ever used this company on other projects and if they provided any references. Public Works Director/City Engineer Seumalo replied by saying he did not believe that the City has ever used this company in the past and all of their references were checked. Mayor Pro Tern Bhutta asked who has completed projects like this in the past. Joint City Council Study Session Page 4 of 9 February 9, 2010 Public Works Director/City Engineer Seumalo replied by saying the contractors vary, as the jobs were based on the lowest bidder. Council Member Magee commented on a warning from the Director of CalTrans concerning contractors submitting low bids and then hitting the agency with substantial change orders at the last minute. He recommended staff analyze each bid carefully in order to avoid change orders which could be costly. Mayor Melendez asked when the project would begin. Public Works Director/City Engineer Seumalo replied by saying once Council has approved the item, there would be a pre-construction meeting within two weeks and construction would commence four weeks thereafter. 4. Local Government Waste Tire Cleanup & Amnesty Event Grant Program Recommendations: 1. The City Council adopt Resolution No. 2010-002, authorizing the submission of an application to the California Integrated Waste Management Board for Grant Funds for waste tire cleanup and amnesty event. 2. Direct the City Manager to execute the grant application with the Director of Public Works as the authorized Designee. Council Member Hickman asked how staff came up with the amount of tires which would be collected. Public Works Director/City Engineer Seumalo replied by saying the estimate is based on a County-wide program. The number is high because the count includes the County. 5. _Adoption of Resolution No. 2010-003 Establishina Fines and Penalties for Parkina Violations Recommendation: That the City Council adopt Resolution No. 2010-003 establishing fines and penalties for parking violations. Mayor Pro Tern Bhutta asked where the increased funds would be applied. City Attorney Leibold responded by saying the State has identified the funds would be applied toward a new court house construction program for the State. Mayor Pro Tem Bhutta asked if staff is aware of when this would commence. Joint City Council Study Session February 9, 2010 Page 5 of 9 City Manager Brady responded by saying staff could take a look at when this would actually go into effect. Council Member Hickman asked if the City would be entitled to any of the fees collected. Building Official Chipman responded by saying the City must pay the processing company and out of the fees collected the City's share is around $40. 6. Custody Agreements with Union Bank for AD 90-1A and CFD 95-1 Recommendations: 1. Authorize the City Manager to execute the Custody Agreement between City and Union Bank of California for AD 90-1 A. 2. Authorize the City Manager to execute the Custody Agreement between City and Union Bank of California for CFD No. 95-1. 7. Interim City Clerk Personal Services Contract Recommendations: 1. That the City Council confirm the resignation of Debora Thomsen; and 2. That the City Council the attached Personal Services Contract with Carol Cowley. PUBLIC HEARING(S) (8) Resolution Declaring Weeds. Rubbish. Refuse and Dirt a Nuisance; Propert y Owners to be notified Recommendation: That the City Council adopt Resolution No. 2010-004 and direct staff to begin the abatement process for this year. APPEAL(S) None BUSINESS ITEM(S) Joint City Council Study Session Page 6 of 9 February 9, 2010 9. Consideration of Citizens' Activity Teams' Volunteer Program Recommendation: Approve moving forward with the Citizens' Activity Teams' volunteer program and included program budget request in the draft FY 2010-2011 budget. Mayor Melendez asked for clarification of the subtotal. Information/Communications Manager Dennis responded by saying the fees would not include any insurance fees, but rather a one-time purchase of equipment primarily in the area for patrol support and also for promotion of the program such as brochure printing. Mayor Melendez asked if it is necessary to have liability insurance for the volunteers. City Manager Brady responded by saying as part of the risk assessment that was conducted through the Joint Powers Authority, the City would be covered under their policy. 10. Grading Of The Following: 22 Remainder Lots A Park Site Four (4) Residential Streets. Drainage Ditches. And Processing Of Class II Base Recommendations: 1. By minute action, approve the applicant's requested modifications Grading Permit No. 08-294 set forth in this Staff Report. 2. By minute action, select which of the three proposed Haul Routes set forth in this Staff Report the applicant shall follow. 3. Alternatives for Addendum: a. If Haul Route 1 or 2 is selected, by minute action, approve the Addendum to Mitigated Negative Declaration (MND). b. If Haul Route 3 is selected, by minute action, reject Addendum and direct staff to prepare further environmental review of Haul Route 3. City Attorney Leibold advised Council that the applicant has requested this item to be pulled and not continued. She stated the decision is up to the Council. She would research more information after closed session. Joint City Council Study Session February 9, 2010 Page 7 of 9 Council Member Magee asked if La Strada Partner's is the applicant or the owner. City Manager Brady responded by saying La Strada Partner's is the applicant. Council Member Magee encouraged Council to take the testimony of any homeowners who would be attending the 7:00 p.m. meeting tonight and if Ed Sauls and the Reality Center were included in the circulation of the notice. Director of Community Development Weiner responded by saying the notice was sent to property owners in a 300 foot radius within the project including Ed Sauls and the Realty Center. Council Member Magee asked City Attorney Leibold if she has heard anything from Air Quality Management District (AQMD). City Attorney Leibold replied by saying she received a response from AQMD and would discuss it further during Closed Session. Council Member Magee spoke of the Negative Declaration and how it addresses the negative air quality. He indicated he could not support the document the way it is written. PUBLIC COMMENTS - NON-AGENDIZED ITEMS None. The City Council recessed and convened to the Redevelopment Agency. REDEVELOPMENT AGENCY Chairman Magee called the meeting to order at 4:30 pm. ROLL CALL PRESENT: CHAIR MAGEE MEMBER BHUTTA MEMBER HICKMAN MEMBER MELENDEZ ABSENT: VICE-CHAIR BUCKLEY Also present: Executive Director Brady, Agency Counsel Leibold, Administrative Services Director Riley, Community Development Director Weiner, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Information/Communications Manager Dennis and Agency Secretary Cowley. Joint City Council Study Session February 9, 2010 CLOSED SESSION Page 8 of 9 la. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case 1 b. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 potential case PUBLIC COMMENTS - AGENDIZED ITEMS None. CONSENT CALENDAR 2. Warrant List Dated January 28, 2010 Recommendation: Authorize payment of Warrant List dated January 28, 2010. 3. Custody Agreement with Union Bank for CFD 90-2 (Tuscany Hills) Recommendation: Authorize the Executive Director to execute the Custody Agreement between the Redevelopment Agency and Union Bank of California for CFD 90-2. PUBLIC HEARING(S) None. BUSINESS ITEM(S) None. There being no further business to come before the Agency Board, the meeting adjourned at 4:31 pm. The City Council reconvened at 4:28 pm. Joint City Council Study Session February 9, 2010 LEGAL COUNSEL COMMENTS Page 9 of 9 City Attorney Leibold announced that the City Council would adjourn to Closed Session at 5:00 p.m. to discuss the items listed as 1a through 1e. BOARDMEMBER COMMENTS None. ADJOURNMENT There being no further business to come before the Council and Agency Board, the meeting was adjourned at 4:33 pm to closed session at 5:00 pm and the regular meeting at 7:00 pm. MELISSA A. MELENDEZ, MAYOR ROBERT MAGEE, AIRMAN CITY OF LAKE ELSINORE REDEVELOPME AGENCY CITY OF LAKE E SINORE x CAROL COWLEY, ` f INTERIM CITY CLERK REDEVELOPMENT AGENCY SECRETARY