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HomeMy WebLinkAbout07-27-2010 SSMINUTES �I JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 13, 2010 .............................................................................. ............................... CALL TO ORDER Mayor Melendez called the Joint Study Session to order at 4:00 p.m ROLL CALL PRESENT: MAYOR MELENDEZ COUNCIL MEMBER BUCKLEY COUNCIL MEMBER HICKMAN COUNCIL MEMBER MAGEE ABSENT: MAYOR PRO TEM BHUTTA 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, Police Chief Fontneau, Fire Chief Hendershot, RDA Analyst Carlson and Interim City Clerk Cowley. CITY COUNCIL CLOSED SESSION (1a) Conference with Labor Negotiator Pursuant to Government 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- Existinq Litigation Pursuant to Government Code § 54956.9 in regards to the Darwin Rogers Booster Trust Dated 7/27/2005 (Riverside Superior Court Case No. RIP 095857) Joint City Council Study Session Page 2 of 13 July 13, 2010 PRESENTATIONS / CEREMONIALS Mayor Melendez confirmed with City Clerk Cowley the individuals would be present at the 7:00 p.m. meeting. Recognition of outgoing Planning Commissioners Jimmy Flores and Axel Zanelli. Introduction of Lake Elsinore Queens — Southwest California Pageants. Recognition of Betty Stievo, named 'Woman of the Year' by the Lake Elsinore Woman's Club. PUBLIC COMMENTS No comments. CONSENT CALENDAR (2) Approval of Minutes Recommendation It is recommended the City Council approve the following ^-� minutes: I a) Regular City Council Meeting - June 8, 2010 b) Joint City Council /Redevelopment Meeting — June 8, 2010 c) Special City Council Meeting of June 29, 2010 (3) Warrant List Dated June 30, 2010 Recommendation: Authorize payment of Warrant List dated June 30, 2010. Council Member Hickman asked about the following warrants and staff provided the following responses: • Warrant No. 95036 payable to Z Best Body U Paint Shops, Inc. in the amount of $7,467.73 was to repair the City's pontoon boat. • Requested the total amount of reimbursement to the employees for tuition. Director of Administrative Services indicated the range is between $3,200 and $3,500. • Warrant No. 103311 payable to B &G Services in the amount of $1,185.79 was used to purchase a back -up generator for the CERT classes. 17 Joint City Council Study Session July 13, 2010 Page 3 of 13 • Ask whether Edge Printing Solutions is located in Lake Elsinore. Director of Administrative Services Riley advised the Council that he would research the location of the business. • Warrant No. 103400, payable to Team Auto Aid in the amount of $679.08 was for the purchase of supplies to remove graffiti and other services. Mayor Melendez asked about the following warrants and staff provided the following responses: • Warrant No. 103306 payable to Adventures in Advertising in the amount of $624.38 would be researched by the Director of Administrative Services Riley. • Warrant No. 103329 payable to Dell Service in the amount of $2118.28 was for the purchase of new computers for the Police Department that were purchased through grant funding. • Warrant No. 103380 payable to Rincon Consultants in the amount of $8,808.32 is for the Climate Action Plan. (4) Recommendation It is recommended that the City Council authorize the City (� Manager to prepare and enter into a contract with David Evans & Associates to provide specialized landscape design review services on an annual basis. Council Member Hickman asked if David Evans & Associates was responsible for all of the landscape plan checks for the City. City Manager Brady confirmed that David Evans & Associates was the only contractor the City uses for landscaping plan check and inspections. Council Member Hickman asked why it was necessary for boxed trees to be lined up in the parking lot where Magnetic Resonance Imaging is located. City Manager Brady responded by saying it was added to the Conditions of Approval to help camouflage the temporary building. (5) Custody Agreements with Union Bank for CFD No. 2003 -2 (Canyon Hills) Improvement Area C. Recommendation it is recommended the City Council authorize the City Manager to execute the two Custody Agreements between City and Union Bank of California for CFD No. 2003 -2 (Canyon Hills) Improvement Area C. (6) Building Industry Association Kiosk Program Recommendation It is recommended that City Council (1) approve the new agreement with the Building Industry Association to administer and operate the directional kiosk program within the City of Lake Elsinore; and (2) approve the Joint City Council Study Session July 13, 2010 Page 4 of 13 new kiosk design proposed, allowing for implementation as noted on the Kiosk Spec Sheet. Council Member Buckley asked if there would be a specific font that each sign would have or would it be only one type of font used. Mr. Knorringa, representative for Building Industry Association stated they would be using the City's standard font and colors. Council Member Magee expressed that the new signs would compliment the City. He asked staff if the sign located near the intersection of Grand and Machado had been resolved. Director of Public Works Seumalo responded by saying the sign was relocated. (7) Consideration of Resolution No. 2010 -041 Regarding County Service Area 152 and Setting the Benefit Assessment Unit Rate for Fiscal Year 2010/2011 for the City of Lake Elsinore to Fund the City's National Pollution Discharge Elimination System ( NPDES) Permit Program Recommendation It is recommended the City Council approve Resolution No. 2010 -041 regarding County Service Area 152. Council Member Magee stated this was another unfunded mandate that the City has to incur with the limited resources. He stated it was necessary because our State and Federal partners are continuing to abandon the City of Lake Elsinore. Council Member Buckley stated his experience with the Mosquito District, NPDES has been a huge issue at the National level, and asked if the City handles this in one payment or every few years. Council Member Hickman asked for the total cost? Director of Public Works Seumalo responded by saying the total allowable charge the City can use is $13.88 per benefited assessment units or Benefit Assessment Unit (BAU) and staff felt it was more prudent to incrementally increase the cost rather than all at once. (8) Agreement with Buckman & Associates to provide on -call Professional Engineering Services Including Pavement Manaaement Update Recommendation It is recommended that the City Council (1) approve the Professional Services Agreement with Buckman & Associates and authorize the City Manager to execute the Agreement; and (2) that $80,000 be allocated for these services from the existing Pavement Management budget. Council Member Hickman requested clarification on the increase of the retainer amount n for the services. J Joint City Council Study Session July 13, 2010 Public Works Manager Payne responded by saying fee of $80,000 which would come from the City's Associates has a video inventory program where t added to the City's GIS system. Page 5 of 13 that staff was asking for a retainer )as taxes. He stated Buckman & ie city's roadway images could be PUBLIC HEARING(S) (9) Public Hearing on the Citywide Landscaping and Street Lighting Maintenance District and the Landscaping and Lighting Maintenance District No. 1 for Fiscal Year 2010 -2011 Recommendation it is recommended the City Council: (1) open the public hearing and take testimony related to the Citywide LLMD and LLMD No. 1 annual assessments; (2) Close the public hearing; (3) waive further reading and adopt Resolution No. 2010 -042 confirming a diagram and assessment and providing for annual assessment levy after formation of a district for Fiscal Year 2010 -2011 for the Citywide LLMD; and (4) and waive further reading and adopt Resolution No. 2010 -043 confirming a diagram and assessment and providing for annual assessment levy after formation of a district for Fiscal Year 2010 -11 for the LLMD No. 1. APPEALS) There are none. BUSINESS ITEM(S) (10) Consideration of Ordinance No. CC- 2010 -1276 Approving Zone Change 2009- 01: Ordinance No. CC- 2010 -1277 Approving Amendment No. 9 to the East Lake Specific Plan No. 93 -3: and Ordinance No. CC- 2010 -1278 Approving the Diamond Specific Plan No. 2009 -01 (Second Reading). Recommendation It is recommended the City Council: (1) waive further reading and adopt ordinance No. CC -1276 by title only; (2) waive further reading and adopt Ordinance No. CC -1277 by title only; and (3) waive further reading and adopt Ordinance No. CC- 2010 -1278 by title only. (11) Consideration of Adopting Ordinance No. 1279 Adding Chapter 5.30 to the Lake Elsinore Municipal Code Regarding Undocumented Workers (Second Reading). Recommendation It is recommended the City Council waive further reading and adopt Ordinance No. 1279 by title only. Joint City Council Study Session Page 6 of 13 July 13, 2010 Mayor Melendez requested Kim Cousins with the Chamber of Commerce to speak to the audience regarding a few issues that the business community had which were I� brought to the Council's attention during the last meeting. Kim Cousin's representing the Chamber of Commerce pointed out to the audience that the major concerns were implementation of the program whether the program would be retroactive and what would be required to confirm that the employer complied with the procedures. He suggested that it may be helpful for the City to conduct some training sessions with the business owners to help walk them through the process. (12) An Ordinance of the City Council of the City of Lake Elsinore, California. Amending and Restating Chapter 15.64 of the Lake Elsinore Municipal Code Regarding Flood Damage Prevention Recommendation That the City Council waive further reading and introduce by title only Ordinance No. 1280 amending and restating Chapter 15.64 of the Lake Elsinore Municipal Code Regarding Flood Damage Prevention. Council Member Magee requested clarification with the map provided in the staff report. He stated he had some concerns with restricting development opportunities and needed a better understanding of the restrictions and impacts on these pieces of property. Director of Public Works Seumalo responded by saying the area inside the boundary streets are required to be at 1,267 feet. He stated everywhere else in the City can change based on whether the property is located near an outflow channel or basin and the 100 year flood elevation varied throughout the City. FEMA required certain guidelines to be followed when building in a flood area and the impact to the up stream property owner is a major impact. It may or may not allow fill dirt to achieve the required level. Council Member Magee asked if any of the property owners have been noticed. Director of Public Works replied by saying "No ". Council Member Magee stated he does not feel comfortable moving forward with this until he has a better understanding of impacts. He advised the Council that he may request to have this item continued. Council Member Hickman noted the elevation feet of 1265 and 1267 and requested staff to clarify. Director of Public Works Seumalo noted the 100 year flood elevation varies around the City. He stated it would require developers to have their lowest floor to be two feet above the 100 year flood elevation? Director of Public Works Seumalo replied by saying the elevation is around 1263.4 around the lake; however as you move away from the lake, the elevation changes. Council Member Buckley asked if this applied to all structures or just habitable. Director of Public Works stated it implies to livable area not including the garage. Mayor Melendez asked if this would be a requirement. Director of Public Works Seumalo confirmed it is a requirement and the property owners would not have a choice. 7 Joint City Council Study Session Page 7 of 13 July 13, 2010 (13) Designation of Voting Delegates and Alternates to the League of California Cities Annual Conference. Recommendation It is recommended that if one or more members of the City Council plan to attend the League of California Cities Annual Conference that the City Council designates a voting delegate and alternate for the Annual Business Meeting on Friday,, September 17, 2010. Council Member Buckley suggested Mayor Pro Tern Bhutta attend the League of California Cities Annual Conference. (14) Recommendation It is recommended the City Council Adopt Resolution No. 2010 -044 approving Residential Design Review No. 2010 -02 as recommended by the Planning Commission. Edgar Gomez representing Richmond American Homes provided an overview of the project to the Council. Council Member Buckley asked if the homes that are being proposed were consistent to r the existing surrounding communities. Edgar Gomez confirmed that the homes were consistent. Council Member Magee thanked Mr. Gomez for the investment in the City. He pointed out to Mr. Gomez Condition No. 11 which discusses the hours of construction. Mayor Melendez expressed her feelings that there is only one shutter on the side of the window, stating that it detracted from the appearance of the homes. Edgar Gomez stated that they could review the design with the Planning Division to come up with an alternative option. Planning Consultant Donahoe advised Council that the Conditions of Approval that were provided in the staff report were incorrect and she provided the corrected version of Conditions to the Council with the highlighted changes. (15) Consideration of Resolution No. 2010 -045 Confirming Fiscal Year 2010 -11 �I 2006 -1 (Summerly): CFD 2006 -2 (Viscava): CFD 2006 -3 (La Strada): CFD 2006- Joint City Council Study Session Page 8 of 13 July 13, 2010 n CFD 2007-6 (Holiday Inn Express): CFD 20091 (Parks, Open Space and Street Lighting Maintenance) �7 Recommendation It is recommended the City Council waive further reading and adopt Resolution No. 2010 -045 requesting the Tax Collector of the County of Riverside to place special taxes on the bills of certain properties within the CFD. Council Member Buckley suggested having Dennis Anderson address the Council at the 7:00 o'clock meeting to go over the reductions for this year. (16) Recommendation It is recommended the City Council approve the agreement and authorize the Mayor to execute the agreement with the Lake Elsinore Chamber of Commerce. (17) Consideration of Increase in Transient Occupancy Tax Recommendation It is recommended the City Council (1) waive further reading and introduce by title only Ordinance No. 1281 amending Chapter 3.32 of the Lake Elsinore Municipal Code to increase the rate of the City's transient occupancy tax to 12% on hotels and campgrounds; (2) adopt Resolution No. 2010 -046 ordering that a measure related to increasing the City's transient occupancy tax be submitted to the voters at the regular municipal election on November 2, 2010; and (3) authorize two members of the City Council to draft the argument in favor of the measure, which can be submitted to the entire City Council for review and approval at the City Council meeting on July 27, 2010. Council Member Buckley asked if letters were mailed out to any of the hotel owners. City Manager Brady responded by saying "No ". Council Member Magee addressed a comment in the staff report where it suggests that the City Council should designate two members of the Council to draft the argument in favor of the ballot measure. He indicated he did not feel this would be appropriate. He suggested the argument should come from the Chamber of Commerce. Mayor Melendez asked if any of the hotel owners would be attending the 7:00 p.m. meeting. Mr. Kim Cousins with the Chamber of Commerce responded by saying he believed the only hotel owner that would attend the meeting would be the owner from the Holiday Inn Express who is in opposition of the increase. n The City Council recessed and convened to the Redevelopment Agency at 4:45 p.m. Joint City Council Study Session Page 9 of 13 July 13, 2010 F1 REDEVELOPMENT AGENCY Chairman Magee called the meeting to order at 4:45 p.m. CLOSED SESSION (1a) CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 potential case (1b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Gov't Code §54956.8, Property: APN 373 - 023 -026 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Mamie Miller Hunt Estate Under negotiation: Price and terms of payment fl CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Regular Meeting —June 8, 2010 b) Joint City Council /Redevelopment Agency Meeting — June 8, 2010 (3) Warrant List Dated June 30, 2010 Recommendation: Authorize payment of Warrant List dated June 30, 2010. (4) Resolution Confirming Fiscal Year 2010 -2011 Special Taxes for CFD 90 -2 (Tuscany Hills Public Improvements) Recommendation Waive further reading and adopt Resolution No. 2010 -004 RDA requesting the Tax Collector of the County of Riverside to place special taxes on the bills of certain properties for CFD 90 -2. Agency Member Hickman asked Mr. Dennis Anderson if the special taxes for the CFD 90 -2 would be the twentieth year and if that would commence when the property owner moved in. Mr. Anderson confirmed that this would be the twentieth year and the taxes for each property starts when the building permit is issued. Joint City Council Study Session Page 10 of 13 July 13, 2010 PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEMS) (5) Consideration of Modified FY 2009/2010 Agency Budget R ecommendation : It is recommended the City Council: (1) approve the Modified Agency Fund Balances for FY 2008/2009 and 2009/2010 and the corrected FY 2009/2010 Agency Budget; and (2) approve the attached promissory note documenting the interfund loan from Project Area No. 2 to Project Area No. 3. Vice Chairman Buckley asked which Agency Member would be addressing the issue at the 7:00 p.m. meeting. Agency Member Melendez requested larger font on the next report, as it is very small and difficult to read. (6) Lakeview Apartments Affordable Housing Project Recommendation It is recommended the City Council direct staff to prepare the necessary agreements and related documents evidencing Agency Low and Moderate Income Housing Fund assistance in the amount of $1.1 million toward proposed affordable rental housing project with 55 -year affordability covenants in accordance with applicable redevelopment law requirements to be presented to the Agency for consideration and approval at a future meeting. Chairman Magee commented on the staff report and suggested more detail. Vice Chairman Buckley asked if the cost was $1.1 million for 64 units. City Attorney Leibold replied that the developer has agreed to provide the agency with the affordability benefit on Lakeview I & II, so the financing is to the benefit of Lakeview II alone; however the Agency would receive 150 units of inclusionary housing through the price restriction and affordability restrictions on Lakeview I. Agency Member Hickman noted with this project and Pottery Court, this would give the City approximately 261 affordable units. Chairman Magee asked if this would be a gated complex and if the same management staff would be used for this development. David Nahas, representing the development team addressed the Agency and clarified issues. He indicated the management would be a new staff known as CBR Management. 17 Joint City Council Study Session Page 11 of 13 July 13, 2010 I City Attorney Leibold pointed out to the Agency that there may be some confusion because the color did not come out on the reaps and there are two properties with similar names. She stated this project is Lakeview and not to be confused with Lakeshore. The City Council reconvened at 4:56 p.m. PUBLIC COMMENTS — NON - AGENDIZED ITEMS There were none. PUBLIC COMMENTS — NON AGENIZED ITEMS — 3 MINUTES Shawn Slater, Union President and former employee addressed the City Council representing himself and those with whom he worked while employed for the City of Lake Elsinore. He noted he began working for the City in 2004 and remembers having a conversation with Council Member Magee who had kind words to share with him and the department that he worked for. He stated those words elevated his commitment to the City. He indicated he felt he was part of the community and the government that was made by the people, for the people. He stated Council Member Buckley once told him a life without public service is a life in need of service. He noted that some of the Council members have family members in the service. He stated the "Stars and (� Stripes' represent democracy and doing things that are right and handling them the right way. He felt what brought the City and Union to impasse was an injustice. He stated, people learned how to play the telephone game while growing up, and Council and the City Manager communicated through him. He stated 80% of the communication was non verbal. He advised that when the process began, he asked the employees what they were asking for. The employees responded by indicating that for the past three years, they have been told that the contract is going to expire and their benefits will be taken away. He advised that currently some employees are paying $40 to $60 a month out of their own pocket. They are concerned that if they lose their medical, they will have to pay $240 to $260 per month. As a result the majority of the employees voted to keep COLA. The employees felt that if the City was going to make them pay into PERS or lower their health care benefits, they need to hang on to 3% today to subsidize for tomorrow. Mr. Slater stated he spoke with the Director of Administrative Services Riley regarding different options, such as how much the cost of living adjustment would be and what the employee's portion would be. He stated the next time they met with the Director of Administrative Services Riley and City Manager Brady, they were told 3% was not possible and that three positions were going to be cut. He stated this was discussed with the union. The union members agreed to ask if the Council would agree to an extension of the current contract which has brought this matter to where it was today. He stated there were a lot of people that wanted to go for a one year extension with no F1 two tier discussion. Joint City Council Study Session Page 12 of 13 July 13, 2010 Mr. Slater advised he went into the community to see what was on the resident's minds to keep the city going and what would be best for everyone with the least impact. He stated, when it came to the last vote, the members may have been begging for some 17 type of leniency and suggested funds be taken from elsewhere. He stated everything was before the Council, and no conditions were granted on the employee's side. He felt the direction the City was headed was not good and there was distrust between the Council and staff. He stated the next contract negotiation would be brutal for everyone and it was not going to help the City or the employees. He stated the City was only five working days into this fiasco. He indicated he walked into City Hall and no one was there. There were signs posted, and the institutional knowledge was gone and would never be regained. He stated it took the front receptionist three years to thoroughly learn that job and Council did not see that knowledge from the inside. He stated somehow someway the trust must be built back up. He indicated it was his goal to put Steve Filarsky out of work. He stated the residents cannot afford to continue to pay him $500 to $600 per hour for his negotiation services and suggested that Council explore other options. He stated the employees tried Bob Brady, which failed. He felt something had to change such as having a Council Member sit ir'o'n a meeting. "He did not know if that was possible but if it was, he would like to see the situation corrected by having the City Manager contact Kathy Delgado and try to deal with the members one more time. He stated this would be the first time that the Council took one step forward to help the employees and the employees would feel a huge gain of support from the Council which would go a long way for the City. He stated the City is now aware that the City Council killed the services. He stated that if there is some way to restore the democratic process and faith, he hoped the Council would consider finding another solution because what the city has now is not working. Council Member Magee noted Mr. Slater brought up the term democracy over and over again, yet no one has told the City Council what the Union vote was. Mr. Slater responded by saying without the union members permission, he was not able to disclose their decision. EXECUTIVE DIRECTOR COMMENTS There were none. LEGAL COUNSEL COMMENTS City Attorney Leibold announced that the City Council would adjourn to the Closed Session meeting at 5:00 p.m. to discuss the items listed as Items la and lb under Closed Session on the agenda. CITY COUNCIL COMMENTS There were none. 7 Joint City Council Study Session July 13, 2010 Page 13 of 13 n ADJOURNMENT The Lake Elsinore City Council adjourned to a regular meeting to be held on Tuesday, July 27, 2010, at 7:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE A�F,T'EST: :Y, INTERIM CbTY CLERK ELSINORE F1