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Home My WebLink About10-12-2010 SS (2)MINUTES JOINT CITY COUNCIL REDEVELOPMENT AGENCY PUBLIC FINANCING AUTHORITY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 12, 2010 CALL TO ORDER Mayor Melendez called the Joint Study Session to order at 4:04 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, Redevelopment Analyst Carlson, and Interim City Clerk Cowley. CITY COUNCIL CLOSED SESSION (1a) 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) (1b) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case PRESENTATIONS / CEREMONIALS PROCLAMATION ACKNOWLEDGING OCTOBER 2010 DYSLEXIA AWARENESS MONTH City Clerk Cowley confirmed that all recipients would be present at the 7:00 p.m. meeting. Joint City Council Study Session October 12, 2010 PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE There were none. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES There were none. CONSENT CALENDAR (2) Approval of Minutes Page 2 of 8 Recommendation: It is recommended the City Council approve the following minutes: a) Regular City Council Meeting -September 28, 2010 b) Joint City Council /Redevelopment Agency Meeting - September 28, 2010 Council Member Magee thanked staff for the thorough comments made in the Minutes pertaining to SC Engineering. He stated he spoke with the Engineering staff and they are aware of Council's concerns. (3) Warrant List Dated September 30. 2010 Recommendation: Authorize payment of Warrant List dated September 30, 2010. Mayor Melendez asked about the following warrants and staff provided the following responses: • Warrant No. 95065 to Shademaker, Inc. in the amount of $1,955.00 was for the shade structure at the Household Hazardous Waste site which was damaged during the last wind storm. • Warrant No. 95066 to Leibold, McClendon & Mann in the amount of $34,800.81. Mayor asked why the City is processing an invoice from February. City Manager Brady advised Council that the City's law firm is getting caught up with submitting their invoices and the city attorney and staff are working on correcting the situation. • Warrant No. 104164 in the amount of $3,258.15 payable to Lazy Boy Furniture Galleries. Director of Administrative Services Riley indicated reclining chairs were purchased for two of the city owned fire stations. Mayor Melendez asked how many chairs were purchased. Director of Administrative Services Riley indicated he believed four chairs were purchased, however; he would get back to her with further details of the purchase. • Warrant No. 104202 in the amount of $1,375.50 payable to Sustainable Civil Engineering Solutions, Inc. is for the Engineering Division's plan checking services. Joint City Council Study Session October 12, 2010 Page 3 of 8 Mayor Melendez asked staff to clarify the plan checking for the lot line. Director of Public Works Director/City Engineer Seumalo stated he would have to get back to Council with more details of the services provided. (4) Annual Adoption of Investment Policv Recommendation: It is recommended the City Council approve the City's Investment policy. (5) Consideration of Tree City USA Recertification and Arbor Day 2010 Observance Proclamation Recommendation: It is recommended the City Council approve the Proclamation recognizing the City's Observance of Arbor Day. Mayor Melendez asked if any trees would be planted. Supervisor for Parks Jess Culpepper stated that the City has already planted eight trees, one in memory of Brad Buron who was a city employee. (6) Consideration of First Amendment to Premises Lease for Restaurant and Storage Area at City Park Recommendation: It is recommended the City Council approve the First Amendment to the Premises Lease, subject to minor modifications as approved by the City Attorney and authorize the City Manager to execute the document. Mayor Melendez requested that the restrooms be maintained regularly. City Manager Brady advised the Council that a city staff member would check to verify that the restrooms are being maintained. Council Member Hickman asked how much it costs to maintain the restroom. City Manager Brady responded by saying it is estimated the total cost to maintain the restroom and provide utilities is in the range of $450 to $500 per month. Council Member Buckley noted that El Unico Restaurant has proven to be very responsible in the past. (7) Consideration of Agreement with Harris & Associates to Provide On-Call Professional Engineering Services Recommendation: It is recommended the City Council approve the use of Harris & Associates for the second year of a three year contract per the agreement dated September 8, 2009, to provide plan checking services. Joint City Council Study Session October 12, 2010 Page 4 of 8 (8) Consideration of Professional Services Contract with Wallace and Associates Recommendation: It is recommended the City Council approve the Contract with Wallace and Associates for a term of one year. PUBLIC HEARING(S) (9) Public Hearing - (Canyon Hills - Improvement Area C) Recommendation: That the City Council adopt Resolution No. 2010-063 Authorizing Issuance of bonds and authorize bond documents. APPEAL(S) There are none. BUSINESS ITEM(S) (10) Consideration of Resolutions Authorizing the Issuance of Bonds and Approving Bond Documents in Connection with the Issuance of the Lake Elsinore Public Financing Authority Tax Allocation Revenue Bonds (1999 Series A Refunding) Recommendation: It is recommended the City Council adopt Resolution No. 2010-064 Authorizing the Issuance of Bonds and Authorizing Bond Documents. Council Member Hickman asked for clarification on the bonds. Rod Gunn with Rod Gunn Associates stated that the Public Financing Authority would issue bonds which would refund bonds that were issued in 1999. He stated those proceeds were loaned to the Redevelopment Agency projects areas numbers 1 and 2. He stated project number 2 and part of project number 1 are on the lake. He stated project number 3 is excluded. Council Member Hickman asked for clarification on the amount. Rod Gunn stated as of this afternoon the cost would be in the range of $29,000. Council Member Hickman asked what the interest rate would be. Rod Gunn stated the interest rate is estimated to be in the range of 4.62. Mayor Melendez requested Mr. Gunn to speak at the 7:00 p.m. meeting and go over the bonds in order for the public to have a better understanding. The City Council recessed and convened to the Redevelopment Agency at 4:24 p.m. Joint City Council Study Session October 12, 2010 REDEVELOPMENT AGENCY Chairman Magee called the meeting to order at 4:24 p.m. ROLL CALL PRESENT: CHAIRMAN MAGEE VICE-CHAIR BUCKLEY MEMBER HICKMAN MEMBER MELENDEZ ABSENT: MEMBER BHUTTA Page 5 of 8 Also present: Executive Director Brady, Agency Counsel Leibold, Administrative Services Director Riley, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Redevelopment Analyst Carlson and Agency Secretary Cowley. 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 Agency Counsel Leibold announced that the Redevelopment Agency would adjourn to Closed Session at 5:00 p.m. to discuss closed session item 1a listed on the agenda. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Regular Meeting -September 28, 2010 b) Joint City Council/Redevelopment Agency Meeting - September 28, 2010. (3) Warrant List Dated September 30. 2010 Recommendation: Authorize payment of Warrant List dated September 30, 2010. PUBLIC HEARING(S) No public hearing scheduled. Joint City Council Study Session October 12, 2010 BUSINESS ITEM(S) Page 6 of 8 (4) Consideration of Resolution No. 2010-005 RDA Authorizing the Issuance of Bonds and Approving Bond Documents in Connection with the Issuance of the Lake Elsinore Public Financing Authority Tax Allocation Revenue Bonds (1999 Related Thereto Recommendation: It is recommended that the Agency Board adopt Resolution No. 2010-005 RDA Authorizing Issuance of bonds and Authorizing Bond Documents. Council Member Magee requested the City Attorney to advise the Agencies and City Council if they would need to take separate action, or could all bodies vote at the same time. Agency Counsel Leibold stated that all bodies could conduct a joint public hearing and take the actions independently. (5) Affordable Housing Loan Agreement (Lakeview Apartments) Recommendation: It is recommended that the Agency Board take the following actions: (1) Approve the Affordable Housing Loan Agreement in substantially the form provided and authorize the Executive Director to execute the final form of the Loan Agreement subject to such minor modifications as approved by Agency Counsel; and (2) Authorize the Executive Director to execute any other ancillary documents necessary to effectuate the Agency loan and affordability covenants. Chairman Magee asked the owner of the development if they are complying with verification that all tenants have the right to live in this development legally. Shawn Burrows with Bentall Residential Development stated that they comply with all current SDA and HUD Section 8 regulations and all tenants must provide proof of legal residency. Agency Member Hickman asked if this would apply to existing residents or just the new residents. Mr. Burrows replied by saying that the attorneys have provided language in the regulatory agreement that would require every occupied unit be checked for legal residency. There being no further business to come before the Redevelopment Agency, Chairman Magee recessed the meeting at 4:30 p.m to the Public Finance Authority. Joint City Council Study Session October 12, 2010 PUBLIC FINANANCING AUTHORITY Chairman Hickman called the meeting to order at 4:30 p.m. ROLL CALL PRESENT: CHAIRMAN HICKMAN MEMBER BUCKLEY MEMBER HICKMAN MEMBER MELENDEZ ABSENT: VICE-CHAIR BHUTTA Page 7 of 8 Also present: Executive Director Brady, Agency Counsel Leibold, Administrative Services Director Riley, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Redevelopment Analyst Carlson and Agency Secretary Cowley. CONSENT CALENDAR (1) Approval of Public Financing Authority Minutes Recommendation: Approve the following minute(s): c) Regular Public Financing Authority Meeting -June 22, 2010 d) Joint City Council/Redevelopment Agency and Public Financing Authority Meetings - June 22, 2010 (2) Consideration of Resolution Establishing a Regular Meeting Schedule Recommendation: It is recommended the Authority Board adopt Resolution No. 2010-03 PFA Establishing the Authority's Meeting Schedule. PUBLIC HEARING(S) There are none. BUSINESS ITEM(S) (3) Consideration of Adopting Resolution No. 2010-04 PFA Authorizing the Issuance of Bonds and Approving Bond Documents for Community Facilities District No. 2003-2 (Canyon Hills - Improvement Area C) Recommendation: It is recommended the Authority Board adopt Resolution No. 2010-04 PFA Authorizing Issuance of Bonds and Authorizing Bond Documents. Joint City Council Study Session October 12, 2010 Page 8 of 8 (4) Consideration of Resolution No. 2010-05 PFA Authorizing the Issuance of Bonds and Approving Bond Documents in Connection with the Issuance of the Lake Elsinore Public Financing Authority Tax Allocation Revenue Bonds (1999) Series A Refunding), 2010 Series C, in the Aggregate Principal Amount Not To Exceed $31,000,000; and Authorizing the Taking of Certain Other Actions Related Thereto Recommendation: It is recommended that the Authority Board Adopt Resolution No. 2010-05 PFA Authorizing Issuance of Bonds and Authorizing Bond Documents. There being no further business to come before the Public Financing Authority, Chairman Hickman recessed the meeting at 4:31 p.m. The City Council reconvened at 4:31 p.m. Mayor Melendez stated that City Attorney Leibold was not present during the Warrant List discussion and asked her why the legal firm is behind with submitting their invoices to the City. City Attorney Leibold stated that the firm is working on catching up with submitting their invoices, however; it is a matter of prioritizing the work load. CLOSED SESSION REPORT City Attorney Leibold announced that the Joint Study Session would adjourn to Closed Session at 5:00 p.m and the City Council would discuss Closed Session Items 1a and 1 b listed on the agenda. ADJOURNMENT There being no further business to come before the Council, Agency and Authority Boards, the meeting was adjourned at 4:33 p.m. to closed session at 5:00 pm and the regular meeting at 7:00 p.m. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE A' CAROL COWLEY, INTERIM CIT~CLERK CITY OF LAKE ELSINORE