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HomeMy WebLinkAbout06-22-2010 SSMINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC FINANCINING AUTHORITY /RECREATION AUTHORITY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 22, 2010 CALL TO ORDER — 4:00 P.M. Mayor Melendez called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA (arrived at 4:10 p.m.) COUNCIL MEMBER BUCKLEY COUNCIL MEMBER HICKMAN COUNCIL MEMBER MAGEE ABSENT: None 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, RDA Analyst Carlson and Interim City Clerk Cowley. CLOSED SESSION (1a) Conference with Labor Negotiator Pursuant to Subdivision (a) of Gov't Code § 54957.6 City Negotiator: City Manager Robert Brady; Employee organization: Lake Elsinore Chapter of Laborer's International Union of North America, Local 777 (1b) Conference with Legal Counsel- Existing Litigation Subdivision (a) of Gov't Code § 54956.9) R Side Medical, LLC; Carlos Stahl vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10010236) Joint City Council Study Session Page 2 of 13 June 22, 2010 (1c) Conference with Legal Counsel - Existing Litigation Subdivision (a) of Gov't Code § 54956.9 Darwin Rogers Booster Trust dated 7/27/2005 (Riverside Superior Court Case No. RIC095857) (1d) Conference with Legal Counsel- Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case (1e) 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) (1f) Threat to Public Services or Facilities Subdivision (a) of Gov't Code § 54957, consultation with City Attorney PRESENTATIONS /CEREMONIALS Mayor Melendez asked the City Clerk Cowley if all of the recipients receiving a certificate would be present at the 7:00 p.m. meeting. City Clerk Cowley all of the individuals would be attending the 7:00 p.m. meeting with the exception of Chanel Nguyen. • Girl Scouts presentation of Plaque to Riverside County Fire Department Firefighter /Paramedic Adrian Romo. • Recognition of Korn Memorial Scholarship Awardees: Samantha Bennet, Garrett Highland, Melissa McKiddy, Chanel Nguyen, Rebbecca Paredes, Brett Hernandez - Henderson, and Soshanna Vela. • Recognition of Sonja Wilson for her years of service on the Lake Elsinore Unified School District Board of Education. • Recognition of Pat Myers for receiving the Richard L. Swanson Inspiration Award. PUBLIC COMMENTS Sal Chavez representing SC Engineering provided an update to City Council regarding the street improvements at the 1 -15 Freeway and Railroad Canyon Road interchange and the 1 -15 Freeway and Franklin Street. Council Member Magee asked Mr. Chavez if permits would be pulled and construction would commence by the year 2011. Mr. Chavez responded by saying due to the anticipated approval pending from Washington DC, construction is expected to commence in 2012. Joint City Council Study Session Page 3 of 13 June 22, 2010 CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approve the following minutes: (a) Special City Council Meeting of May 25, 2010, May 27, 2010 and June 7, 2010 (b) Regular City Council Meeting May 25, 2010 (3) Warrant List Dated June 15, 2010 Recommendation: Authorize payment of Warrant List dated June 15, 2010. Council Member Hickman asked about the following warrants and staff provided the following responses: • Warrant No. 103164 to Robin Chipman in the amount of $70.90 was reimbursement for transportation reimbursement. • Warrant No. 103160 to CA JPIA in the amount of $765,440.00 was for the City's insurance premium for one year. • Warrant No. 103176 to Dell Services in the amount of $2,686.27 was for the purchase of a new used laptop for city use. • Warrant No. 103189 to Employment Development Department in the amount of $4,508.00 was for unemployment reimbursement costs. Mayor Pro Tern Bhutta asked about the following warrants and staff provided the following responses: • Warrant No. 103157 to Bio -Tox Laboratories in the amount of $1,678.11 was for lab work on an individual who was under the influence. • Warrant No. 103215 to Loos & Co., Inc. in the amount of $1,832.19 was for the purchase of buoys around the docks. • Warrant No. 103271 to Southwest Healthcare System in the amount of $2,700.00. Director of Administrative Services Riley would need to research this and get back to City Council. Mayor Melendez asked about the following warrants and staff provided the following responses: • Warrant No. 103300 to Z Best Body & Paint Shops, Inc in the amount of $2,966.79 was for a utility bed on a City owned truck. Joint City Council Study Session June 22, 2010 (4) Investment Report of May 2010 Page 4 of 13 Recommendation: It is recommended the City Council receive and file. (5) Consideration of Appropriations Limit for Fiscal Year 2010 -11 Recommendation: it is recommended the City Council adopt Resolution No. 2010 -035 setting the City's Appropriation Limit for Fiscal Year 2010 -2011 at $60,579,153 (6) Consideration of Verizon T1 Data Line Renewal Agreement Recommendation: It is recommended the City Council authorize the City Manager (or Designee) to execute the Verizon Internet Dedicated Access Services Agreement for providing Internet services at dedicated T -1 data transfer rate. Council Member Hickman asked if the Riverside County Network (CORNET) was still in existence. Information /Communications Manager Dennis replied by saying once the City ceased doing business with them, staff lost all communications with them. He stated he believes they are still in business for County residents. (7) Consideration of Planning Division Professional Service Contracts for 2010 -2011 Fiscal Year Recommendation: It is recommended that the City Council authorize the City Manager to prepare and enter into contract with Carole Donohoe and Kirt Coury to provide specialized planning services on an annual basis. (8) Consideration of Quitclaim of Riverside County Flood Control Easements within the Palomar /Corydon Channel in Tract 30846 Recommendation: It is recommended that the City Council authorize staff to process the quitclaim deeds for the maintenance of drainage areas easements existing for the City of Lake Elsinore's benefit in Tr. 38046 Council Member Magee noted a section of the fence around the retention basin needs repairing and should this project be approved, would the Riverside County Flood Control make the necessary repairs. City Manager Brady advised the City Council that the retention basin is the responsibility of the HOA. Council Member Magee suggested notifying the HOA to make the repairs. He also pointed out that on the basin slopes; trees are allowed but they are not allowed in the channel. Director of Public Works Seumalo clarified that the Flood Control Standards allow trees in the bottom of the channel but not on the slopes. Joint City Council Study Session Page 5 of 13 June 22, 2010 (9) Consideration of Police Department purchase of ALPR Camera System with Justice Assistance Grant and Asset Forfeiture Funds Recommendation: It is recommended that the City Council approve the use of asset forfeiture funds for the purchase of this equipment. (10) Consideration of Professional Engineering Service for Peter Ramey Construction Management Contract and Rusty Beardsley Traffic Engineer Contract Recommendation: It is recommended the City Council approve the use of each consultant for the second year of their three (3) year contract. Council Member Hickman asked if Mr. Ramey replaced Mr. Soloman. Director of Public Works Seumalo advised that Mr. Ramey and Mr. Soloman worked together. Mr. Solomon's position was not filled once he retired. PUBLIC HEARING(S) (11) General Plan Amendment No. 2009 -01 — Zone Change to 2009 -01 East Lake Specific Plan Amendment No. 9 Diamond Specific Plan No 2009 -01 and Environmental Impact Report (SCH #2009031084) Recommendation: It is recommended the City Council approve: (1) Findings of Consistency with the Multiple Species Habitat Conservation Plan; (2) Certification of Environmental Impact report for the Diamond Specific Plan and its related cases (SCH #2009031084); and adoption of Findings of Fact and Statement of Overriding Considerations; (3) approval of General Plan Amendment No. 2009- 01; (4) approval of Zone Change No. 2009 -01 by Ordinance; (5) approval of Amendment No. 9 to the East Lake Specific Plan No. 93 -3 by Ordinance; and (6) approval of Diamond Specific Plan No.2009 -01 by Ordinance. Council Member Buckley pointed out to the Council that this project fits in with the concept of the Ballpark Town Center. Jeff Palmroy, representing the developer noted that this project conforms to the City's General Plan. Council Member Magee indicated he is pleased with the overall concept of the project. He pointed out that staff's reference in the staff report to the Findings of Fact and Statement of Overriding Considerations needs to be changed. He noted in Amendment No. 9, a matrix shows the uses and acreage dedicated to those uses. He stated under the Specific Plan /Residential it lists 7,100 units which seem high. Jeff Palmroy noted that he would research this and advise Council. Council Member Magee requested the Joint City Council Study Session Page 6 of 13 June 22, 2010 developer to make sure parking for the stadium was addressed and thanked the developer for the investment into the City. Council Member Buckley requested information on transit integration connection for the multi -use area. Jeff Palmroy replied that he has spoken with RCTC and has researched having a Park N Ride on the site. Council Member Buckley asked if they are looking into high energy architectural design. Jeff Palmroy replied by saying they would implement high energy into the program. Council Member Buckley asked about tubular steel fencing and asked if they could look into the clear fencing and asked what type of housing would be implemented near parking lot "C" Jeff Palmroy replied by saying most likely Town homes for that area, if there was a plan at this point. Mayor Melendez asked the developer about the potential traffic issues and requested he address the issue during the 7:00 p.m. meeting since the public would be interested in hearing the answer. (12) Consideration of Adoption of Capital Improvement Program for Fiscal Year 2010 - 2011 through 2014 -2015 Recommendation: It is recommended that the City Council adopt the proposed 5 -year Capital Improvement Program for fiscal years 2010 -2011 through 2014 -2015. Council Member Hickman asked about the specific dates for the Sumner & Heald pavement project. Director of Public Works Seumalo replied by saying it would be made a priority for the safety of children using the sidewalks to and from school. Director of Public Works Seumalo advised Mayor Pro Tem Bhutta that the General Fund would not be used. Council Member Buckley requested staff to comment on several areas of concern including the library funds being increased, the cooperation from the County on street improvements and the Downtown Master Plan. Council Member Magee thanked the Director of Public Works Seumalo for the areas of recommended improvements outlined in his report. He asked staff about the progress of the Historic Downtown River Walk. Public Works Director Seumalo replied that staff has submitted plans and moving forward with the project. Council Member Hickman asked about the study conducted by SCAG. City Manager Brady stated it would be brought before City Council for review. Mayor Melendez pointed out that the Historic Downtown River Walk is noticeably less than previously documented. Public Works Director stated the CIP Engineer has been working closely with the State and staff has also been working with some of the City's Joint City Council Study Session June 22, 2010 Page 7 of 13 amenities such as using recycled benches. He stated he would speak with the CIP Engineer and have an answer for City Council later. (13) Settlement of Matters Relatinq to Conditional Use Permit No 2008 -09 for Live Music. Dancing, and Entertainment within Designated Areas of An Existing Bowling and Entertainment Center (Trevi Lanes) located at 32250 Mission Trail Lake Elsinore, CA 92530 APPEAL(S) (14) Appeal of Violation of Lake Elsinore Municipal Code by "R" Side Medical located at 31641 Auto Center Drive Unit "A" Recommendation: It is recommended that the City Council deny the appeal. Carlos Stahl, owner of "R" Side Medical provided his opinion to the City Council as to why his business should remain open. BUSINESS ITEM(S) (15) Ratification of Recommendations for Appointments to the Planning Commission Recommendation: The Selection Committee Members Councilmen Hickman and Magee recommend the appointments of Rick Morsch and Shelly Jordan for full four (4) year terms on the Planning Commission and request the City Council to ratify the appointments. (16) Consideration of Resolution to Increase Lake Use fees Recommendation: It is recommended that that City Council adopt Resolution No. 2010 -039 increasing the Lake Use Fees. Council Member Hickman asked if the annual Lake Use Passes were being increased. Director of Lake and Aquatics Kilroy replied by saying the cost of the passes would be increasing in January 2011. (17) Consideration of (1) Utilization of E- Verify Program and (2) an Ordinance of the City Council of the City of Lake Elsinore, California adding Chapter 5.30 of the Lake Elsinore Municipal Code Regarding Employment of Undocumented Workers. Recommendations: The City Council may wish to consider the following alternatives: (1) received and file the Staff Report; (2) direct staff to provide additional information as may be requested by the City Council; (3) direct the City Manager to implement procedural changes to the City's hiring process and use the E- Verify Program for City employees; (4) direct the City Attorney to include Joint City Council Study Session June 22, 2010 Page 8 of 13 provisions in future services contracts requiring contractors to conform to federally mandating hiring practices designed to ensure that employees of contractor are legal residents; (5) adopt the ordinance with such revisions as may be determined by the City Council and that the following motion be made: "Waive Further Reading and introduce by title only an ordinance adding Chapter 5.30 of the Lake Elsinore Municipal Code Regarding employment of undocumented workers ". (18) Consideration of Proclamation Regarding the Support Our Law Enforcement and Safe Neighborhood Act (Arizona SIB 1070) Recommendation: It is recommended that the City Council consider the Proclamation in Support of Arizona SIB 1070. (19) Consideration of the City of Lake Elsinore Other Funds Operating Budget for Fiscal Year 2010 -2011 Recommendation: It is recommended the City Council adopt Resolution No. 2010 -40 adopting the City of Lake Elsinore other Funds Budget for Fiscal Year 2010 -2011. The City Council recessed and convened to the Redevelopment Agency at 5:05 p.m. REDEVELOPMENT AGENCY Chairman Magee called the meeting to order at 5:05 p.m. ROLL CALL PRESENT: CHAIR MAGEE VICE CHAIRMAN BUCKLEY MEMBER BHUTTA MEMBER HICKMAN MEMBER MELENDEZ ABSENT: NONE Also present: Executive Director Brady, Agency Counsel Leibold, Administrative Services Director Riley, Public Works Director /City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Information /Communications Manager Dennis and Agency Secretary Cowley. CLOSED SESSION City Attorney Leibold announced that the Redevelopment Agency would recess to Closed Session at 5:00 p.m. to discuss the following: Joint City Council Study Session Page 9 of 13 June 22, 2010 (1a) Conference with Legal Counsel- Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 potential case. (1 b) Conference with Real Property Negotiator Gov't Code § 54956.8 pertaining to properties: APN 374- 072 - 028, 374 - 072 - 030, 374 - 072 - 032, 374 - 072 - 034,374- 072 - 036;374 -072- 018, 374 - 072 - 020, 374 - 072 - 022; 374 -p71- 003, 374 - 071 - 004,374- 071 - 005,374 -071- 006, 374 - 071 - 007, 374 -071- 008, 374 - 071 - 009, 374 - 071 - 010,374- 071 - 011,374 -071- 012, 374 -071- 013, 374 - 071 - 014,374- 071 - 027,374- 072 -026 (1c) Conference with Real Property Negotiator Gov't Code § 54956.8 pertaining to properties: APN 374 - 172 -017 CONSENT CALENDAR ITEMS) (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): (a) City Council / Redevelopment Agency Joint Meetings of May 25, 2010 (3) Warrant List Dated June 15 2010 Recommendation: Authorize payment of Warrant List date June 15, 2010 (4) Investment Report — May 2010 Recommendation: Receive and file. PUBLIC HEARING(S) There are none. BUSINESS ITEM(S) (5) Consideration of Redevelopment Agency Operating Budget for Fiscal Year 2010 -2011 Recommendation: It is recommended that the City Council adopt the Redevelopment Agency Operating Budget for the Fiscal Year 2010 -2011. Joint City Council Study Session June 22, 2010 Page 10 of 13 Chairman Magee advised that the Agency received a revised copy of the Operating Budget and requested Executive Director Brady to clarify the document. Executive Director Brady replied by saying the amounts have not changed. (6) Consideration of Addition Low and Moderate Income Housing Fund Assistance to Pottery Court Affordable Housing Project Recommendation: Based upon the Agency's closed session discussion regarding price and terms of payment for the Project Site, consider making an additional commitment of Low and Moderate Income Housing Funds to the project. If additional funds are committed, adopt Resolution No. 2010 -03 RDA specifying the amount of additional assistance. There being no further business to come before the Redevelopment Agency, Chairman Magee recessed the meeting at 5:08 p.m to the Public Finance Authority. PUBLIC FINANCING AUTHORITY Chairman Hickman called the meeting to order at 5:08 pm. ROLL CALL PRESENT: CHAIRMAN HICKMAN VICE -CHAIR BHUTTA MEMBER BUCKLEY MEMBER MAGEE MEMBER MELENDEZ ABSENT: NONE Also present: Executive Director Brady, Agency Counsel Leibold, Administrative Services Director Riley, 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 None PUBLIC COMMENTS — AGENDIZED ITEMS- 3 MINUTES None Joint City Council Study Session Page 11 of 13 June 22, 2010 CONSENT CALENDAR (1) Approval of Public Finance Authority Minutes Recommendation: Approved the following Minutes: a) Special Public Finance Authority Meeting — February 23, 2010 and March 9, 2010 b) Special Joint City Council /Public Finance Authority Meeting — February 23, 2010 and March 9, 2010 BUSINESS ITEM(S) (2) Consideration of Approving the Lake Elsinore Public Financing Authority Proposed Budget for Fiscal Year 2010 -2011 Recommendation: It is recommended that the City Council adopt Resolution No. 2010 -02 adopting the Lake Elsinore Public Financing Authority Budget for Fiscal Year 2010 -2011. Chairman Hickman noted there was $10 million documented for expenditures and $5.5 million for revenue and asked how the City was going to make up the difference. Director of Administrative Services Riley replied by saying once the Budget has been approved, a more detailed outline would be provided to the City Council / Agency Boards. There being no further business before the Public Financing Authority, Chairman Hickman recessed the meeting at 5:12 p.m to the Recreation Authority. RECREATION AUTHORITY Chairman Hickman called the meeting to order at 5:12 pm. ROLL CALL PRESENT: CHAIRMAN HICKMAN VICE -CHAIR BHUTTA MEMBER BUCKLEY MEMBER MAGEE MEMBER MELENDEZ ABSENT: NONE Joint City Council Study Session June 22, 2010 Also present: Executive Director Brady, Agency Counsel Services Director Riley, Public Works Director /City Engineer Se and Aquatics Kilroy, Information /Communications Manager Secretary Cowley. PUBLIC COMMENTS — NON - AGENDIZED ITEMS- 1 MINUTE None PUBLIC COMMENTS — AGENDIZED ITEMS- 3 MINUTES None CONSENT CALENDAR (1) Approval of Recreation Authority Minutes Recommendation: Approved the following Minutes: Page 12 of 13 Leibold, Administrative umalo, Director of Lake Dennis and Agency a) Special Joint City Council / Recreation Authority Meeting - March 9, 2010 b) Special Joint City Council / Recreation Authority Meeting — March 9, 2010 BUSINESS ITEM(S) (2) Consideration of Approving the Lake Elsinore Recreation Authority Proposed Budget for Fiscal Year 2010 -2011 Recommendation: It is recommended that the City Council adopt Resolution No. 2010 -02 adopting the Lake Elsinore Recreation Authority Budget for Fiscal Year 2010 -2011. Chairman Hickman requested clarification regarding the $14 million. Director of Administrative Service Riley stated the funds are for the lake and related improvements. There being no further business before the Recreation Authority, Chairman Hickman recessed the meeting at 5:13 p.m to the Recreation Authority. The City Council reconvened at 5:13 p.m. Joint City Council Study Session June 22, 2010 PUBLIC COMMENTS — NON - AGENDIZED ITEMS There were no comments. PUBLIC COMMENTS — NON AGENIZED ITEMS — 3 MINUTES There were no comments. EXECUTIVE DIRECTOR COMMENTS There were no comments. LEGAL COUNSEL COMMENTS There were no comments. CITY COUNCIL COMMENTS Page 13 of 13 Mayor Melendez requested that large exhibits connected to projects for the City Council meetings, be delivered to the City Council as soon as they are received in order to allow additional time for Council to review. ADJOURNMENT There being no further business to come before the Council and Agency Boards, the meeting was adjourned at 5:15 p.m. to closed session at 5:00 pm and the regular meeting at 7:00 pm. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE 0 CAROL COWLEY, INTE CITY CLERK CITY OF LAKE ELSINOR