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HomeMy WebLinkAbout03-23-2010 SSMINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 23, 2010 CALL TO ORDER - 4:00 P.M. Mayor Melendez called the Joint Study Session to order at 4:02 p.m. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA COUNCIL MEMBER BUCKLEY COUNCIL MEMBER HICKMAN COUNCIL MEMBER MAGEE ABSENT: NONE Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Director of Community Development Weiner, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Information/Communications Manager Dennis and Interim City Clerk Cowley. CLOSED SESSION la. Conference with Legal Counsel-Existing Litigation Pursuant to (Subdivision (a) of Gov't Code § 54956.9) Michel Knight vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10001036) 1 b. Conference with Legal Counsel-Existing Litigation Pursuant to (Subdivision (a) of Gov't Code § 54956.9) Delco Hagan vs. City of Lake Elsinore (Court of Appeal, 4th District, Case No. E049420) 1c. Public Employee Employment Evaluation Pursuant to (Gov't Code § 54957): City Attorney Joint City Council Study Session Page 2 of 13 March 23, 2010 PRESENTATIONS / CEREMONIALS • Chamber of Commerce Quarterly Update. • Recognition of Elsinore High School Basketball Team City Champions (Coach Pete Retinger or Tony Peralta). • Recognition of Lake Elsinore Police Officers by Mothers against Drunk Drivers (M.A.D.D.). • Recognition of Police Officers who participated in Law Enforcement Challenge 2008. • Certificates of Appreciation to the students in the Regional Occupation Program (ROP) from Murrieta Valley High School, Vista Murrieta High School, Paloma High School, and Chaparral High School. PUBLIC COMMENTS - NON AGENDIZED ITEMS No public comments. CONSENT CALENDAR 2. Approval of City Council Minutes Recommendation: Approve the following minutes: 1. City Council / Redevelopment Agency / Public Finance Authority Joint Study Session Minutes of February 23, 2010. 2. Regular City Council Minutes of February 23, 2010. 3. Warrant List Dated March 15, 2010 Recommendation: Authorize payment of Warrant List dated March 15, 2010. Mayor Pro Tern Bhutta asked staff why the Warrants lists were not in order Director of Administrative Services replied by saying staff had difficulty preparing the document, and he apologized for the error. Mayor Pro Tem Bhutta inquired about refund check no. 102313 in the amount of $3,769.52 payable to Nashet Damman. Director of Community Development Weiner indicated it was for a refund to Rio Car Wash for their Conditional Use Permit. Joint City Council Study Session Page 3 of 13 March 23, 2010 Mayor Pro Tern Bhutta inquired about check no. 102340 payable to Golden Gate Media Group in the amount of $2,945.00. Information/Communications Manager Dennis replied by saying the funds were used for Chamber of Commerce Map Advertisements. Mayor Pro Tern Bhutta inquired about refund check no. 102417 in the amount of $9,083.00 payable to Temecula Valley Erosion Control, Inc. She asked if this company was located in the City of Temecula. Director of Public Works /City Engineer Seumalo responded by saying it is just outside of the City off Highway 74 and the funds were used for the La Strada project. Mayor Pro Tern Bhutta inquired about check no. 102435 payable to Z Best Body & Paint Shops, Inc. in the amount of $5,971.86. Director of Public Works /City Engineer Seumalo responded by saying the funds were used for vehicle repairs. Council Member Hickman inquired about check no. 102344 payable to Ham Radio Outlet, Inc. in the amount of $2,158.99. Director of Public Works /City Engineer Seumalo responded by saying the funds were used for emergency preparedness. Council Member Hickman asked why Southern California Edison's fees were so high. Director of Administrative Services Riley responded by saying the payment was for a lump sum for $86,000.00 which he would look into later and get that information to the City Council. Mayor Melendez requested clarification regarding the Golden Gate Media Group. Information/Communications Manager Dennis responded by saying the City is purchasing a single-panel in the map which would include a business or economic development panel advertisement into the map. He stated he learned that the City could purchase supplement copies of the map, and staff would be ordering more maps to have on hand. Mayor Melendez asked if the funds payable to La Strada were a refund on the account. Director of Community Development Wiener indicated the funds were for the completion of an environmental study for the project. Mayor Melendez asked if the Temecula Valley Erosion Control, Inc was temporary and who would be taking care of the permanent erosion control measures. Joint City Council Study Session Page 4 of 13 March 23, 2010 Public Works Director/City Engineer Seumalo replied by saying staff would continue to review and would continue to lightly monitor. He stated next year the owner would be notified to continue to keep up his property. Mayor Melendez asked if the money that was used, was taken from the bonds. Public Works Director/City Engineer Seumalo stated the funds were taken from the cash deposit. Mayor Melendez asked how much money was remaining and what the cost to maintain the property was. Public Works Director/City Engineer Seumalo replied by saying there is approximately $80,000 remaining. He stated the erosion control cost approximately $9,000 and fencing was $1,000.00. 4. Investment Report -February 2010 Recommendation: That the City Council receive and file. 5. Lake Elsinore Municipal Code Waiver for Warrior Dash Race Special Event Recommendation: That the City Council waive the Lake Elsinore Municipal Code section 8.40.040A (alcohol is prohibited in City parks) and 9.28.030 (furnishing alcoholic beverages in public) for the proposed Warrior Dash Race Special Event, subject to compliance with all other conditions for the event. Mayor Pro Tem Bhutta asked if this event was ever held before in Lake Elsinore. Director of Community Development Weiner replied by saying this would be the first time the event has been held in Lake Elsinore. Mayor Pro Tern Bhutta asked if the City would be withheld from liability Director of Community Development Weiner replied by saying the applicant completed and signed a waiver and release agreement. Mayor Pro Tern Bhutta asked whether the Beer Garden that is part of the event and would this be on City property or private property. Director of Community Development Weiner replied by saying Alcohol Beverage Control would be monitoring the event as well. He stated the event would take place both on City and private property; however the Beer Gardens would be located on private property. Joint City Council Study Session March 23, 2010 Page 5 of 13 Mayor Melendez requested information regarding parking for the participants. Director of Community Development Weiner replied that the Storm Stadium would provide parking. Mayor Melendez asked if Police Chief Cleary reviewed the outline of the event. Director of Community Development Weiner replied by saying part of the Special Event process requires the Fire and Police Department to review the application along with the plans. 6. Lake Elsinore Municipal Code Waivers and Approval for Frontier Days Special Event Recommendation: That the City Council waive the Lake Elsinore Municipal Code section 8.40.040A (alcohol is prohibited in City parks) and 9.28.030 (furnishing alcoholic beverages in public) for the proposed Frontier Days Special Event, subject to compliance with all other conditions for the event as approved by the City Manager. 7. Planning Commission Recruitment/Appointment Process Recommendation: It is recommended the City Council (1) Direct staff to proceed with the appointment/recruitment process in order to fill two (2) Planning Commission seats at the June 23, 2010 City Council meeting. 8. Exception to Bid Procedures for Purchases of Engine and Outdrive for Pontoon- barge Recommendation: It is recommended that the City Council approve the exception to bid procedures to bypass the formal bid process and award the purchase to the lowest informal bidder, Boatswain's Locker, in the amount of $17,423.93. Mayor Pro Tern Bhutta asked if the repairs would be long term or temporary. Director of Lake and Aquatics / Parks and Recreation Director Kilroy replied by saying the life of the term would be approximately seven years. Mayor Pro Tern Bhutta asked if there was a rush and has someone been selected to conduct the repairs. Director of Lake and Aquatics / Parks and Recreation Director Kilroy stated the boat is not working and work is needed before the summer activities begin. He stated staff has already selected an individual to conduct the repairs once approved by Council. Council Member Hickman asked about the engine's power. Joint City Council Study Session Page 6 of 13 March 23, 2010 Director of Lake and Aquatics / Parks and Recreation Director Kilroy replied by saying the type of engine would be valuable to the type of work used by the pontoon boat- barge. Mayor Melendez asked what the cost would be to purchase a new pontoon boat-barge, and how much the City has has had to pay to repair the existing pontoon boat-barge. Director of Lake and Aquatics / Parks and Recreation Director Kilroy replied by saying a new pontoon would cost approximately $80,000. He did not have the exact figure of how much has been spent to repair the boat in the past but it is not close to the $80,000 mark. 9. Replacement of Country Club Heights Survey Monuments Contract Award Recommendation: That the City Council (1) Award the contract to replace survey monuments in Country Club Heights to KDM Meridian for $32,500; and (2) Authorize the Mayor to execute the contract with KDM Meridian. Council Member Hickman asked staff what the monuments would look like. Public Works Director/City Engineer Seumalo replied by saying they would be brass-tab set in wells within the intersection and would have the appearance of a water cover valve. Public Works Director/City Engineer Seumalo replied by saying "yes, ten would be replaced". He stated once approved by Counsel, there would be a pre-construction meeting sometime next week and the work could commence sometime early April and be completed by the end of the month. He confirmed for Mayor Pro Tern Bhutta ten would be replaced. Public Works Director/City Engineer Seumalo confirmed for Mayor Melendez that the amount budgeted for the project is public information and is included in the Capital Improvement Program. He also explained this was a request for professional services and not a bid. Qualified professionals submit their qualifications, along with the cost to provide services, in a separate sealed enveloped and staff would review the cost proposals based on market rate. Council asked questions about the projects to which Public Works Director/City Engineer Seumalo advised that EVMWD was about two weeks behind schedule and that they have an encroachment permit to use Redevelopment Agency property. He also advised that the City did not require a fee for the construction. 10. Extension of Time for Grant of Temporary Construction Easements to Elsinore Valley Municipal Water District Joint City Council Study Session March 23, 2010 Recommendation: Page 7 of 13 That the City Council: Approve the extension of time for the temporary construction easements and execute agreement with EVMWD for a six (6) month extension. Mayor Pro Tern Bhutta asked if EVMWD is on track with their time. Public Works Director/City Engineer Seumalo replied by saying they are about two weeks behind, however, city staff is working with EVMWD. Council Member Buckley asked if they were using RDA property for storage. Public Works Director/City Engineer Seumalo responded by saying EVMWD has an encroachment permit. Mayor Melendez asked if they have paid for the easement rights or is it required. Public Works Director/City Engineer Seumalo replied by saying they have not paid for the construction easement rights and is not part of the City's requirements. Mayor Melendez asked if staff was briefed as to where the Southern California Edison's facilities would be relocated and whether they would be under EVMWD umbrella. She indicated she is not comfortable with the piggybacking idea. Public Works Director/City Engineer Seumalo replied by saying the facilities would be located within the alignment and EVMWD is handling the details. He stated SCE is a temporary construction easement and staff a major issue. He stated SCE is going to co-locate with the sewer line which would be permanent. 11. Quitclaim of 2 Detention Basin Lots within Tract 31706 Recommendation: That the City Council authorize City staff to process a quitclaim deed over lot "KK" of Tract 31706-1 and lot "MM" of Tract 31706-4. Public Works Director/City Engineer Seumalo responded to a question by Council Member Hickman stated the deed is for the project and street run-off. The detention basin is designed to hold the peak amount of water and would drain effectively. Council Member Buckley asked if the detention basin is adjacent to the Canyon Lake Golf Course. Public Works Director/City Engineer Seumalo confirmed by saying "yes". Joint City Council Study Session Page 8 of 13 March 23, 2010 12. A Resolution of the City Council of the City of Lake Elsinore declaring its Intention to Vacate Public Street in Tract 31706 Recommendation: That the City Council adopt Resolution No. 2010-013 of intention to vacate the public road easement rights and reserve a public utility easement, an emergency vehicle accesses easement, and a private road easement. Council Member Magee requested verification as to whether the Police and Fire Department have access codes to the locations, and who was responsible for street cleaning? City Manager Brady responded by saying there is an access box on the location of the gates for public safety access and the streets are private so it would be the homeowners responsibility. Council Member Magee asked who is responsible for street cleaning City Manager Brady replied by saying these are private streets and it would be the homeowners responsibility. 13. Consultant Selection for Modification and recirculation of the Environmental Impact Report (EIR) for the City of Lake Elsinore General Plan Update, Housing Element, Downtown Master Plan, and Climate Action Plan. Recommendation: That the City Council authorize the City Manager to enter into a contract with RFB Consulting to prepare the City of Lake Elsinore Modification and Recirculation of the General Plan Update EIR in an amount not to exceed $35,990.50 Mayor Melendez requested Mr. Tim Fleming to the podium. Tim Fleming, resident of Lake Elsinore advised the Council that he is a member of the General Plan Advisory Committee and has stayed active during the proceedings. He asked Community Development Director Weiner if the consultants have all of the revisions and the updated maps, and land use changes including the General Plan Updates included in the modified EIR document from the December 2007 Final DEIR to the April 15, 2009 Final DEIR and to the October 14, 2008 DEIR to City Council part "A". Director of Community Development Weiner replied "Yes". Tim Fleming asked if the information would be available to the public for review before going to the consultants. Joint City Council Study Session Page 9 of 13 March 23, 2010 Director of Community Development Weiner replied that the information is now available on the City's Web site, and when new information becomes available, staff will update the City's Web site. The full size maps are available at City Hall. 14. Final Construction Change Order for SF - 74 / 1 -15 Interim Interchange Improvements Recommendation: That the City Council (1) Approve the use of Measure-A funds in the amount of $41,000; $31,000 for budget reconciliation and $10,000 for "As Built" plans; and (2) Authorize the City Manager to execute the Contract Change Order. Mayor Pro Tem Bhutta discussed the requirements of the as built plans for CalTrans and the additional costs of $10,000 to con comply. She asked if this was a new requirement and whether the City would be reimbursed. Public Works Director/City Engineer Seumalo advised it is not a new requirement. Staff should have included the cost in the FY budget, however it was an oversight. He confirmed that the engineer would need to review the original plans which would take approximately one addition month and that some TUMF fees are forthcoming in the amount of $30,000.00. Council Member Hickman pointed out the landscaping along Hwy 74 and asked if this was a temporary fix and if so, when would it be fixed. Public Works Director/City Engineer Seumalo stated staff is in the process of reconfiguring the Freeway Interchange project now. The widening of the ramps are temporary and the widening under the Freeway is permanent. 15. Receive and File the Annual Special Tax Levy Report for the City's Communitv Facilities District for FY 2009-10 Recommendation: That the City Council receive and file Council Member Hickman asked if we have all of the necessary funds Dennis Anderson consultant for the City responded by saying the funds are all in place to cover the debt services payments for all of the bonds. The City has been very successful at collecting delinquent taxes for fiscal year 2008/2009 which the City began 2008/2009 with over 1,000 delinquent properties, are now down to 119 properties. Council Member Hickman noted that he was approached by a resident who lives at the bottom of Tuscany Hills and asked if the homeowners have a special tax. Dennis Anderson responded by saying below Tuscany Hills there is a CFD 98-1 called Summerhill which is required for the 432 homes which are in its own special tax district. Joint City Council Study Session Page 10 of 13 March 23, 2010 There taxes are significantly higher than the Tuscany Hills area and have a few more years before the bonds could be refunded. Council Member Hickman asked what is included in the "Summer Hill Public Improvement". Dennis Anderson responded by saying the improvement includes construction of the public roads, water systems, sewer system and all of the major infrastructure that was built before the homes were built. PUBLIC HEARING(S) There are none. APPEAL(S) There are none. BUSINESS ITEM(S) 16.Modification to Grading Permit for the project known as La Strada, located within the Northern Portion of the Canyon Creek Specific Plan, To Permit Supplemental Grading of the Following: 22 remainder Lots, A Park site, Four (4) Residential Street, Drainage Ditches and Processing of Class II Base. Recommendation: That the City Council continue off calendar. 17. Second Reading - an Ordinance of the City Council of the City of Lake Elsinore, California Amending Chapter 5.48, Section 5.48.010, 5.48.020, 5.48.030, 5.48.040, 5.48.110 and 5.48.210 of the Lake Elsinore Municipal Code Regarding Bingo. Recommendation: It is recommended that the City Council waive further reading and adopt Ordinance no. 1274 by title only: An Ordinance of the City Council of the City of Lake Elsinore, California, Amending Chapter 5.48, Sections 5.48.010, 5.48.020, 5.48.030, 5.48.040, 5.48.110, and 5.48.210 of the Lake Els9nore Municipal Code Regarding Bingo. Mayor Pro Tem Bhutta asked staff if there are any known fees associated with the permit. City Attorney Leibold responded by saying a permit is necessary in order to operate a Bingo game, however the fees are unknown. PUBLIC COMMENTS - NOWAGENDIZED ITEMS None Joint City Council Study Session Page 11 of 13 March 23, 2010 The City Council recessed and convened to the Redevelopment Agency at 4:36 p.m. All members of the Agency were present. REDEVELOPMENT AGENCY 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. 2. Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 potential case. CONSENT CALENDAR ITEM(S) 2. Approval of Redevelopment Agency Minutes Recommendation: Approve the following Redevelopment Agency Minutes: 1. Joint Meeting - February 23, 2010 2. Regular Meeting -February 23, 2010 3. Warrant List Dated March 15, 2010 Recommendation: Authorize payment of Warrant List dated March 15, 2010. Agency Member Bhutta requested an explanation regarding the Lake Elsinore Unified School District, Mt. San Jacinto Jr. College and the Riverside County Office of Education pass through. City Attorney Leibold responded by saying, when the Redevelopment Agency adopted the redevelopment plan, at the time of the adoption process there was a process called fiscal review. Through the negotiations with effective taxing entities the Redevelopment Agency and the various taxing entities that were identified reach an agreement as to a portion of the tax increment that would be passed through to those taxing agencies to mitigate the fiscal impacts of redevelopment. Chairman Magee noted the three entities noted are collecting more than a half million dollars and requested the City Attorney to explain their obligation to the Redevelopment Agency. Joint City Council Study Session Page 12 of 13 March 23, 2010 City Attorney Leibold stated the agreement requires that the school district annually present a construction plan identifying capitol facilities that would benefit from the tax increments. In addition to submitting the annual construction plan, 50% of the monies that the agency passes through to those various taxing entities must be spent on eligible school facilities; and upon request, they are to provide a report to the City. Chairman Magee asked if those documents were available to the Redevelopment Agency and to the public. City Attorney Leibold replied by saying the school district has never submitted a construction plan since 1987. Agency Member Melendez asked if staff has ever requested a report. City Attorney Leibold replied by saying she is not aware of a request having been made. 4. Investment Report- February 2010 Recommendation: Receive and file. PUBLIC HEARING(S) There are none. BUSINESS ITEMS) There are none. There being no further business before the Redevelopment Agency, Chairman Magee adjourned the meeting at 4:41 p.m. The City Council reconvened at 4:41 p.m. PUBLIC COMMENTS - NON AGENIZED ITEMS - 3 MINUTES John O'Doherty owner of property located at south east corner of 3rd and Collier Avenue advised the City Council the results of his lawsuit regarding his property and how it is the City's responsibility to manage and monitor the flood plain. He indicated the issues remain and the City has not fulfilled their obligation and now there is a serious situation. Mayor Melendez suggested Mr. O'Doherty speak with Public Works Director/City Engineer Seumalo. Council Member Buckley noted an email he received from Mr. O'Doherty earlier with multiple attachments which he would provide a copy to the entire City Council. Joint City Council Study Session Page 13 of 13 March 23, 2010 EXECUTIVE DIRECTOR COMMENTS No comments. LEGAL COUNSEL COMMENTS 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 1c under Closed Session. CITY COUNCIL COMMENTS Council Member Buckley noted that SCAG general assembly is in May and if the City Council requests to appoint someone to attend, there would be a pre-registration form to complete. ADJOURNMENT There being no further business to come before the Council and Agency Boards, the meeting was adjourned at 4:55 p.m. to closed session at 5:00 pm and the regular meeting at 7:00 pm. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE A CAROL COWLEY, INTERIM C17 CLERK CITY OF LAKE ELSINORE