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HomeMy WebLinkAbout03-09-2010 SS (3)MINUTES JOINT CITY COUNCIL/RECREATION AUTHORITY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA . .TUESDAY, MARCH 9, 2010 . CALL TO ORDER - 4:00 P.M. Mayor Melendez called the Joint Study Session meeting to order at 4:02 pm. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA COUNCIL MEMBER HICKMAN COUNCIL MEMBER MAGEE COUNCIL MEMBER BUCKLEY arrived at 4:22 pm. ABSENT: NONE Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services 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 1) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9) Michel Knight vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10001036) PRESENTATIONS / CEREMONIALS Mayor Melendez advised Council that the Girl Scouts would also be attending the 7:00 pm meeting to make a presentation. Proclamation Honoring the Boy Scouts of America's 100th Anniversary. PUBLIC COMMENTS There were no public comments. Joint City Council/Recreation Authority Meeting Page 2 of 11 March 9, 2010 CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approve the following minute(s): (a) City Council / Redevelopment Agency Joint Study Session Minutes of February 9, 2010 (b) Regular City Council Minutes of February 9, 2010 (3) Warrant List Dated February 25, 2010 Recommendation: Authorize payment of Warrant List February 25, 2010. dated Council Member Hickman asked about Warrant Register Nos. 102193 to Cutting Edge Staffing and 102252 to Select Staffing. He asked why two separate staffing services were used. Director of Administrative Services Riley advised that each company specialized in the types of temporary employees they provided. Select Staffing provided a temporary receptionist and Cutting Edge Staffing provided temporary employees to assist in maintenance. Council Member Magee addressed Warrant No. 102251 to SC Engineering. He expressed his concern that the City was paying SC Engineering another $100,000 after already paying them over $700,000. He stated the City has yet to see any report or environmental documents since entering into an agreement with SC Engineering. Council Member Magee said he would like to have an audit performed to determine where the money is being spent and what services have been performed to date. Public Works Director Seumalo advised Council that he had the same concerns, especially since the original agreement was for $300,000. He did anticipate receiving a report soon, but also felt an audit was warranted. Mayor Pro Tem Bhutta asked about Warrant Nos. 102206 to Elite Elevator, Inc., 102217 to Huntington beach Honda, 102261 to Stater Bros. and 102276 to West Coast Arborists. Director of Administrative Services Riley explained that Warrant No. 102206 was for maintenance of the elevator at City Hall; 102217 was for repairs to two police motorcycles, which is something the City's mechanic cannot do; 102261 was for $10 gift certificates for the senior center and 102276 was for tree trimming various trees in the City. Joint City Council/Recreation Authority Meeting Page 3 of 11 March 9, 2010 Council Member Hickman asked about Warrant No. 102230 to Menifee Valley Air Conditioning and asked why the City did not use someone local. City Manager Brady advised that Menifee Valley Air Conditioning is located in Lake Elsinore. Mayor Melendez asked about Warrant Register 94984 to CalPERS and was advised that that was an underpayment for retirement benefits. She then asked why there were two payments of $908.80 made to one of the temporary maintenance employees on the same date as shown by Warrant Register No. 102193. Director of Administrative Services Riley and Director of Lake and Aquatic Resources Kilroy advised that it possibly was for two different time periods but they would look into it and let her know. Mayor Melendez asked about Warrant Register No. 102194 to D & S Electric for light removal. City Manager Brady advised that that was for the removal of the lights in the trees prior to the tree-trimming and confirmed that it was something that could not be done in house. Mayor Melendez also expressed her concern regarding Warrant Register No. 102251 to SC Engineering. (4) Consideration of Resolution Reciting the Facts of the Special Recall Election Held on February 23, 2010 and Declaring the Result Thereof Recommendation: It is recommended that the City Council: (1) adopt Resolution No. 2010-011 Reciting the Facts of the Special Recall Election held on February 23, 2010, Declaring the Result and such other matters as may be provided by law; and (2) direct the City Clerk to enter on the records of the City Council, a statement declaring that as a result of the election a majority of the voters voting on the measure relating to the recall of Thomas Buckley did not vote in favor of the recall. (5) Construction of Machado Park Landscape Improvements and Installation of a New Restroom - Notice of Completion Recommendation: It is recommended that the City Council authorize the Mayor to execute the Notice of Completion and have the City Clerk file the Notice of completion with the County of Riverside. Council Member Magee advised that he has received comments from residents in the Machado Park area, who are very pleased with the outcome of the Machado Park landscaping and restrooms. He thanked staff for doing such a good job on this project. Joint City Council/Recreation Authority Meeting March 9, 2010 Page 4 of 11 (6) Construction of Gravel Road Paving FY 2009/10 - Notice of Completion Recommendation: It is recommended that the City Council authorize the Mayor to execute the Notice of Completion and have the City Clerk file the Notice of Completion with the County of Riverside. (7) Use of Proposition 1 B funds for Pavement Rehabilitation of City Streets Recommendation: It is recommended that the City Council (1) approve the use of Proposition 1B funds for the pavement repair of Sumner Avenue from Main Street to Chaney Street, and Heald Avenue from Main Street to Chaney Street; and (2) approve the use of Proposition 42 funds for the design of the reconstruction of Sumner and Heald. (8) Mount San Jacinto Community College Demonstration Go-Pass Program Recommendation: It is recommended that the City Council authorize the City Manager to enter into an agreement with the Riverside Transit Agency for funding of the GO-Pass Program at MSJC for the 2010-11 academic year. Scott Richardson, Manager of Planning and Programs for RTA provided a PowerPoint Presentation to the Council. Mayor Pro Tern Bhutta asked how they are reaching out to the students and what the cost to students would be. Scott Richardson replied by saying that because they are a publicly funded agency they are not allowed to promote the initiative, however, he stated the cost is $5.00 per student per semester which is a discounted rate. Mayor Pro Tern Bhutta asked how long the ride would be from the City of Lake Elsinore to MSJC. Scott Richardson replied by saying, if the bus route began at the Wal-Mart area, it would take approximately one hour to arrive to the school. Council Member Hickman noted that since this program has begun, the parking passes have lowered in cost because of a reduced demand for parking. (9) A Resolution of the City Council of the City of Lake Elsinore, California to Support the United States Census - Make Yourself Count Month March 2010 Recommendation: It is recommended that the City Council adopt Resolution No. 2010-012 Proclaiming March 2010 as Census Month. Joint City Council/Recreation Authority Meeting Page 5 of 11 March 9, 2010 Council Member Magee asked if the Census would be counting the illegal aliens and if there would be a distinction between US legal and illegal residents. City Manager Brady did not know the answer. Council Member Buckley indicated it has been an issue; however, the answer is yes indicating one of the issues that has come up is that illegal aliens are more than likely not wanting to be counted. Mayor Melendez indicated from what she understands is that there is a huge push to make sure that the Hispanic population is counted, legal or illegal. Council Member Magee asked if the Census is also counting the homeless. Council Member Buckley confirmed the homeless are counted. (10) Extension of Term for Interim City Clerk's Personal Services Contract Recommendation: That the City Council authorize an amendment to the Personal Services contract with Ms. Cowley extending the term of the contract to May 15, 2010 in such form as may be approved by the City Attorney. (11) Agreement for Legal Services Concerning Trust of Darwin Rogers Recommendation: That the City Council authorize the City Manager to execute the attached legal representation agreement with the law firm of Reynolds Jensen & Swan LLP related to the Darwin Rogers Trust subject to any minor modifications as may be approved by the City Attorney. Council Member Magee took a moment to recognize Mr. Rogers and expressed he felt that because of the good treatment Mr. Rogers received from Finance staff is one of the reasons Mr. Rogers chose to leave all of his property to the City. (12) Exclusive Use Agreement for the Dr. Sharron Lindsay Community Center Recommendation: Approve the Exclusive Use Agreement and authorize the City Manager to execute the agreement. Council Member Magee asked if it was too late for the City not to enter into the agreement. City Manager Brady replied by saying if the Council wishes to move towards that, then staff would make the attempt. He noted there is a modification to Section 2.3 from the agreement and if the Council moves forward, then staff recommends the changes to the agreement. Joint City Council/Recreation Authority Meeting March 9, 2010 PUBLIC HEARING(S) There are none. APPEAL(S) There are none. BUSINESS ITEM(S) Page 6 of 11 (13) Community Facilities District No. 2009-1 -Adoption of Ordinance Authorizing the Levy of a Special Tax within said District Recommendation: That the City Council adopt Ordinance No. 1273 Authorizing the Levy of a Special Tax within CFD No. 2009-1 as introduced and title read at the meeting of February 23, 2010. (14) 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 Elsinore Municipal Code Regarding Bingo Recommendation: Waive further reading and introduce by title only Ordinance No. 1274 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 Elsinore Municipal Code regarding bingo. (15) Annual Financial Reports for the Fiscal Year Ending June 30, 2009 Recommendation: It is recommended that the City Council receive and file these reports. Council Member Magee noted on page 9 of 14 the miscellaneous is almost as much as the sales tax and in the future, it needs to be reduced. Mayor Melendez asked for clarification on page 3 of 14 regarding 6.3 million of the $8.8 million begins for future contingencies. Director of Administrative Services Riley responded by saying it is for a catastrophe such as a huge earthquake or flood, and the remaining 3.8 is for the supplemental reserve/rainy day fund. He stated the term future contingencies is a universal term. Mayor Pro Tem Bhutta asked about the housekeeping matters. Director of Administrative Services Riley replied it is for the internal auditor's report of the internal control of the financial reports, which is disclosed on page 3 of 14. He Joint City Council/Recreation Authority Meeting Page 7 of 11 March 9, 2010 noted the audit took longer than normal and it was suggested to come up with a formal audit schedule and follow it as best as possible. (16) Report on the Mid-Year Status of the FY 2009-10 Budget Recommendation: The net deficit of the revenue decrease and expenditure reductions (including the decrease in the transfer out to the capital fund) is $1,142,500. As noted above, staff is recommending using the "savings" from the prior year Supplemental Revenue Fund of $897,340 and an additional $245,160 from the fund to cover the shortfall. This would leave a balance of $1,395,540 in the "Rainy Day" Fund. Council Member Magee addressed the dramatic decreases in revenues that the City has seen. He stated 17.5% decrease in property taxes alone, which is unheard of and no one projected this. He stated for a variety of reasons, the City has been hit harder than most in terms of foreclosures. He indicated the additional decrease in property tax revenue means about $1 million hit to the City's bottom line. He pointed out to Council that it is not the fault of staff or management and everyone is going to have to do the best they can to get through this. Because staff has been so frugal with the funds, they have saved the City a considerable amount of money. Council Member Hickman asked if the property transfer taxes increased. Director of Administrative Services Riley replied, because the homes have gone down to an average of $185,000 per home from a high of about $420,000.00 which was in the year 2006, there is a property transfer tax that the City receives for each home when ownership changes. Because there has been such an increase of ownership changes, the City has seen an increase of property transfer tax. Council Member Hickman asked what the "Ballpark" figure is. Director of Administrative Services replied by saying it is around .55¢ per square foot per home. Mayor Melendez asked about the fire tax credit and why staff did not anticipate this would go down. Director of Administrative Services Riley replied by saying our consultants do not provide staff with any information. He stated that information comes directly from the County Fire Department. He stated when he spoke with the County Fire; they get their information from auditor controller's office which was received in December. He stated staff is aware of it and is prepared for 2010 and 2011. Council Member Buckley noted the difficulties financially, and suggested Council consider having fireworks during the July 4m weekend to help raise money for the City. Joint City Council/Recreation Authority Meeting March 9, 2010 Page 8 of 11 He noted that the Padres would be away, which would be a perfect opportunity for the city. The City Council recessed and convened to the Redevelopment Agency at 4:49 p.m. REDEVELOPMENT AGENCY CALL TO ORDER Chairman Magee called the meeting to order at 4:49 p.m. ROLL CALL PRESENT: CHAIRMAN MAGEE VICE CHAIRMAN BUCKLEY MEMBER BHUTTA MEMBER HICKMAN MEMBER MELENDEZ ABSENT: NONE. Also present: Executive Director Brady, Agency Counsel 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 Agency Secretary Cowley. PUBLIC COMMENTS - NON AGENDIZED ITEMS -1 MINUTE No comments. PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES No comments. CLOSED SESSION 1(a) 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. Joint City Council/Recreation Authority Meeting March 9, 2010 Page 9 of 11 Agency Counsel Leibold reported to the Agency that two cases would be discussed during Closed Session. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Joint City Council/Redevelopment Agency Meeting -February 9, 2010 b) Regular Meeting -February 9, 2010 (3) Warrant List Dated February 25, 2010 Recommendation: Authorize payment of Warrant List dated February 25, 2010 Agency Member Melendez inquired about the Lakeshore Home & Development Inc. Executive Director Brady replied that the funds were for the awnings of the City Hall. Agency Member Melendez asked if this could be handled by staff. Executive Director Brady replied by saying, normally staff could have handled this; however, due to the circumstances the City did not want to risk the liability. There being no further business to come before the Board, Chairman Magee adjourned the Redevelopment Agency Joint Study Session at 4:51 p.m. and turned the meeting over to the Public Financing Authority. PUBLIC FINANCING AUTHORITY CALL TO ORDER Chairman Hickman called the meeting to order at 4:51 p.m. ROLL CALL PRESENT: CHAIRMAN HICKMAN VICE CHAIRWOMEN BHUTTA MEMBER BUCKLEY MEMBER MAGEE MEMBER MELENDEZ ABSENT: NONE. Also present: Executive Director Brady, Agency Counsel Leibold, Director of Administrative Services Riley, Director of Community Development Weiner, Public Joint City Council/Recreation Authority Meeting March 9, 2010 Page 10 of 11 Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Information/Communications Manager Dennis and Agency Secretary Cowley. PUBLIC COMMENTS - NON AGENDIZED ITEMS -1 MINUTE No comments. PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES No comments. CONSENT CALENDAR (2) Annual Financial Report for the Fiscal Year Ending June 30, 2009 Recommendation: Receive and File. PUBLIC HEARING(S) There are none. BUSINESS ITEM(S) There are none. There being no further business to come before the authority board, Chairman Hickman adjourned the Public Financing Authority Joint Study Session at 4:52 p.m. and turned the meeting over to the Recreation Authority. RECREATION AUTHORITY CALL TO ORDER Chairman Hickman called the meeting to order at 4:52 p.m. ROLL CALL PRESENT: CHAIRMAN HICKMAN VICE CHAIRWOMEN BHUTTA MEMBER BUCKLEY MEMBER MAGEE MEMBER MELENDEZ Joint City Council/Recreation Authority Meeting March 9, 2010 ABSENT: NONE. Page 11 of 11 Also present: Executive Director Brady, Agency Counsel 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 Agency Secretary Cowley. PUBLIC COMMENTS - NON AGENDIZED ITEMS -1 MINUTE No comments. PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES No comments. CONSENT CALENDAR (2) Annual Financial Report for the Fiscal Year Ending June 30, 2009 Recommendation: Receive and File. There being no further business to come before the authority board, Chairman Hickman adjourned the Recreation Authority at 4:52 p.m. and returned the meeting back to Mayor Melendez. The City Council reconvened at 4:52 p.m. ADJOURNMENT There being no further business to come before the Council and Agency Boards, the meeting was adjourned at 4:53 pm to closed session at 5:00 pm and the regular meeting at 7:00 pm. DAR L HICKMAN, CHAIRMAN LAKE ELSINORE RECREATION AUTHORITY A' CAROL COWLEY'INTERIM P)ECRETARY LAKE ELSINORES RECREA ION AUTHORITY