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Home My WebLink About04-27-2010 SSMINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 27, 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 HICKMAN COUNCIL MEMBER MAGEE ABSENT: COUNCIL MEMBER BUCKLEY Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Information/Communications Manager Dennis, Senior Planner Harris, RDA Analyst Carlson and Interim City Clerk Cowley. CLOSED SESSION (1a) 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) (1b) Conference with Legal Counsel-Existing Litigation Pursuant to (Subdivision (a) of Gov't Code § 54956.9) Darwin Rogers Booster Trust Dated 7/27/2005 (Riverside Superior Court Case No. RIP 095857) PRESENTATIONS / CEREMONIALS • Presentation of Certificate of Recognition to Gina Magee for being named 2009 Woman of the Year. Joint City Council Study Session April 27, 2010 PUBLIC COMMENTS Page 2 of 9 The City Clerk advised Mayor Melendez that she did not receive any requests to speak. CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approve the following minutes: (a) City Council / Redevelopment Agency Joint Meetings of April 13, 2010 (b) Regular City Council Meetings of April 13, 2010 Mayor Melendez noted an error in the Minutes on page 18 of the Joint City Council Study Session Minutes that should read Council Member Magee. (3) Warrant List Dated April 15, 2010 Recommendation: Authorize payment of Warrant List dated April 15, 2010. Council Member Hickman asked about the following warrants and staff provided the following responses: • Warrant No. 102616 to B.B. Benter Distributing in the amount of $572.35 was for the oil and fuel stabilizers for city-owned boats and equipment. • The City has both DirecTV and Dish Network because both are required for the fire station. • Warrant No. 102660 to Lorena Hancock in the amount of $5,835.50 was for providing recreational instruction. • Warrant No. 102663 to Industrial Machine Weld and No. 102668 to Jeff Hauser Mobile Welding was welding for two different types of fabrication. • Warrant No. 102688 to Ortiz Enterprise, Inc. in the amount of $30,988.22 was final payment on the project. • The City uses both Qwest Communications and Verizon phone services because Qwest provides low cost service for long distance calls and Verizon is for basic service. Council Member Hickman asked the City Manager to Research both providers to determine which provides the lowest cost for service. Mayor Pro Tem Bhutta asked about the following warrants and staff provided the following responses: • Warrant No. 95003 to Franklin Haynes Marionettes in the amount of $400.00 was for an event that took place at the Senior Center. Joint City Council Study Session April 27, 2010 Page 3 of 9 • Warrant No. 102627 to the Boys & Girls Club in the amount of $9,500 was funds budgeted for the sponsorship of "Field of Dreams." • Warrant No. 102734 to Zumar Industries, Inc. in the amount of $1,148.40 was the fees for street sign hardware. Council Member Magee asked about Warrant No. 102626 to Cambern & Central Investors, LLC in the amount of $218,124.00 and was advised that warrant was for reimbursement for infrastructure based on sales tax income pursuant to an agreement that expires May 30, 2017. Mayor Melendez asked about the following warrants and staff provided the following responses: Warrant No. 102617 in the amount of $1,387.00 to Bank of America for payment on the City Managers credit card is used by all departments after authorization by the Finance Department. The Finance Department tracks all payments made, what the charges are for and who was responsible for using the card. Warrant No. 102674 in the amount of $813.03 payable to Lake Chevrolet was the cost for parts for City-owned vehicles. (4) Investment Report - March 2010 Recommendation: Receive and file. (5) Consideration of Extension of Audit Services with Diehl Evans & Company LLP for the two fiscal years ending June 20, 2010 and 2011. Recommendation: It is recommended the City Council authorize the City Manager to enter into a professional services agreement with Diehl, Evans & Company to perform professional auditing services for the fiscal years ending June 30, 2010 and 2011 in accordance with the fees and terms noted in the proposal. City Treasure Baldwin stated this item was placed on the agenda to extend the professional service agreement with Diehl, Evans & Co for two more years. (6) Consideration of the City Council of the City of Lake Elsinore California Supporting AB 1645 - Nestande / Arambula Recommendation: It is recommended that the City Council consider adoption of Resolution No. 2010-014 supporting AB 1645. (7) Consideration of Purchase Order Adjustment for Contract Plan Checker - Harris & Associates. Joint City Council Study Session April 27, 2010 Page 4 of 9 Recommendation: It is recommended the City Council (1) approve the purchase order increase in the amount of $175,000; and (2) authorize staff to process the purchase order increase. Mayor Melendez asked staff when the last time the City preformed an audit for the various plan checker fees and services. Director of Administrative Services Riley replied by saying it has been a while, however staff has wanted to conduct an audit since 2006 but because of staff reduction and mandated furloughs, the audit has not taken place. Council Member Hickman asked if a purchase order is necessary when the costs are past due. Public Works Director/City Engineer Seumalo replied by saying staff must account for revenue and expenses and this is the method that the Finance Department requests. He stated this purchase order would cover expenses already accrued plus any anticipated expenses through June 30, 2010. He stated the next fiscal year Engineering Department's budget would increase for plan check and consulting services. (8) Consideration of Buxton Retail List Assessment Recommendation: Receive and file. Council Member Hickman asked if staff ever received a solid lead from Buxton. City Manager Brady replied by saying the staff report outlines a list of who was contacted and responses received. He stated that he and Mayor Pro Tem Bhutta met with the Outlet Center last week and they seemed very pleased with the information which was provided through the Buxton study. Mayor Melendez requested the names of who was contacted and there responses. Cathy Barrozo, GIS Analyst for the City replied by saying she would provide copies to City Council of all the companies that were contacted. PUBLIC HEARING(S) (9) A Resolution of the City Council of the City of Lake Elsinore Vacating the Public I Road Easement Rights in Tract 31706, Bridgegate Community Recommendation: Receive and file. Joint City Council Study Session Page 5 of 9 April 27, 2010 APPEAL(S) There are none. BUSINESS ITEM(S) (10) Consideration of an Ordinance of the City Council of the City of Lake Elsinore California. Amending Chapter 8.44 of the Lake Elsinore Municipal Code Regarding Bowfishing Recommendation: It is recommended the City Council waive further reading and introduce by title only Ordinance No. 1275 Adopting Section 8.44.055 BOWFISHING to permit bow fishing for carp on Lake Elsinore. Council Member Magee asked staff if there would be a presentation provided during the City Council Meeting. Director of Lake and Aquatics Kilroy responded by saying a PowerPoint presentation has been prepared. Mayor Pro Tem Bhutta asked if the presentation provided information regarding the safety and regulatory issues. Director of Lake and Aquatic Kilroy explained that the presentation contains most of the information that was provided in the staff report and asked if Council wished to see the presentation now or at the 7:00 p.m. meeting. Council concurred to show the presentation at the 7:00 p.m. meeting. Council Member Magee asked if the local sporting good store known as Big 5 would carry a stock of the Bowfishing bows. Director of Lake and Aquatic Kilroy did not know if Big 5 carried the necessary equipment used for Bowfishing. (11) Consideration of Commercial Desiqn Review No. 2009-07 for Walgreens Drugstore and Associated Onsite Improvement Council Member Magee addressed the issues concern between the landlord and adjacent property owners. He also addressed the work that went into designing the sign for Walgreens and thanked staff and the applicant for the exceptional entry point into the City. Council Member Hickman requested clarification regarding the long-term maintenance. Joint City Council Study Session Page 6 of 9 April 27, 2010 City Manager Brady replied by saying the developer would maintain the grounds of the project, whereas the Redevelopment Agency will be responsible for the long-term maintenance of the City's logo on the Walgreen's sign. Mayor Pro Tem Bhutta asked if the City has allowed other projects to work seven days a week and on legal holidays. Senior Planner Matt Harris responded by saying the Planning Commission allowed the applicant to work seven days a week and during holidays in order to expedite the construction of the commercial facility. He indicated that there are no residences existing within close proximity to the subject property. He stated the Planning Commission has allowed the same courtesy for other projects when there are no residential homes within the area. Mayor Pro Tern Bhutta asked if this facility would be open 24 hours Senior Planner Harris indicated that Walgreens had mentioned that eventually they would like to be opened 24 hours, but that would need to be approved by the Community Development Director. Council Member Hickman suggested that during the construction, staff coordinate with the developer on potential traffic issues particularly on Saturday's and Sunday's when there is a baseball game. Mayor Melendez requested clarification of the Conditional Use Permit for the drive- through pharmacy. Senior Planner Harris replied by saying Walgreens requires a Conditional Use Permit for the drive-through service. If Walgreens should decide later on to expand their drive- through hours, the Conditional Use Permit would need to go back to the Planning Commission in order to amend the Conditional Use Permit. City Attorney Leibold indicated hours of operation are typically stated in the conditions of approved particularly when the application is for a Conditional Use Permit. She stated the Council could have the authority to change the hours of operation either all together or within some perimeters by advising the Director of Community Developer. Council Member Magee suggested amending Condition of Approval No. 17 to read the hours of operation may be administratively approved by the City Manager or his designee and may be appealed to the Planning Commission. Mayor Melendez spoke of the demolition to the existing structure and asked if there was an approved designated hauling route. Joint City Council Study Session Page 7 of 9 April 27, 2010 Public Works Director/City Engineer Seumalo replied by saying it is not mentioned in the conditions of approval; however; a grading permit is required which would address the required hauling route. Council Member Hickman asked if most of the hauling would be completed by June because he had some concerns with the traffic at the intersection of Railroad Canyon Road and the 1-15 freeway. Public Works Director/City Engineer Seumalo replied by saying he is not sure of the developers demolition schedule, however, he noted Council Member Hickman's comments regarding potential traffic at the intersection of Railroad Canyon Road and the 1-15 freeway. Council Member Magee suggested adding a condition that would reference the letter from J.L. Properties dated April 25, 2010 in which J.L. Properties preferred 48" box trees rather than a minimum of 24" box trees to breakup the wall. PUBLIC COMMENTS - NON-AGENDIZED ITEMS None The City Council recessed and convened to the Redevelopment Agency at 4:35 p.m. REDEVELOPMENT AGENCY All members of the Agency were present with the exception of Vice Chair Buckley. CLOSED SESSION (1a) Conference with Legal Counsel-Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case. (1b) 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 minute(s): (a) City Council / Redevelopment Agency Joint Meetings of April 13, 2010 (b) Regular Redevelopment Agency Meetings of April 13, 2010 Joint City Council Study Session Page 8 of 9 April 27, 2010 (3) Warrant List Dated April 15, 2010 Recommendation: Authorize payment of Warrant List date April 15, 2010 (4) Investment Report - March 2010 Recommendation: Receive and file. PUBLIC HEARING(S) There are none. BUSINESS ITEM(S) There are none. There being no further business before the Redevelopment Agency, Chairman Magee recessed the meeting at 4:36 p.m. The City Council reconvened at 4:36 p.m. PUBLIC COMMENTS - NON AGENIZED ITEMS - 3 MINUTES No comments. EXECUTIVE DIRECTOR COMMENTS No comments. LEGAL COUNSEL COMMENTS City Attorney Leibold announced that the City Council would adjourn to Closed Session at 4:37 p.m. to discuss the items listed as Item 1a and 1 b under Closed Session. CITY COUNCIL COMMENTS No comments. Joint City Council Study Session April 27, 2010 ADJOURNMENT Page 9 of 9 There being no further business to come before the Council and Agency Board, the meeting was adjourned at 4:37 p.m. to closed session at 5:00 p.m. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTE CA L COWL Y, INTERIM SE ETARY CITY OF LAKE ELSINORE