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
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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