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HomeMy WebLinkAbout2010-11-09 City Council Item No. 2CITY OF „ram LADE ,LS1110 `E DREAM EXTREME rv REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: NOVEMBER 9, 2010 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council minutes are submitted for approval: (a) Joint Study Session City Council/Redevelopment Agency Meeting October 26, 2010 (b) Regular City Council Meeting Minutes from October 26, 2010 Recommendation Approve the Minutes as submitted. Prepared by: Dana C. PorchA Office Specialist Approved by: Carol Cowley Interim City Clerk Approved by: Robert A. Bra City Manager AGENDA ITEM NO. 2 Page 1 of 18 Page 2 of 18 MINUTES JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 26, 2010 CALL TO ORDER Mayor Melendez called the Joint Study Session to order at 4:10 p.m. ROLL CALL PRESENT: MAYOR MELENDEZ COUNCIL MEMBER BUCKLEY (arrived at 4:11 p.m.) 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) PRESENTATIONS / CEREMONIALS Proclamation Acknowledging Veterans Event at Lake Elsinore Grand Prix (To Be Presented at Grand Prix). Presentation to H.O.P.E. by Southern California Edison City Clerk Cowley confirmed with the Mayor that C.J. Stewart would be present for the proclamation to be given to the Gripsters at Lake Elsinore Grand Prix. Page 3 of 18 Joint City Council Study Session October 26, 2010 Page 2 of 7 City Manager Brady confirmed with the Mayor that Viet Tran with Southern California Edison would be present during the 7:00 p.m. meeting. 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 Recommendation: It is recommended the City Council approve the following minutes: a) Regular City Council Meeting - October 12, 2010 b) Joint City Council /Redevelopment Agency/Public Financing Authority Meeting - October 12, 2010 (3) Warrant List Dated October 14. 2010 Recommendation: Authorize payment of Warrant List dated October 14, 2010. (4) Investment Report for September 2010 Recommendation: It is recommended the City Council receive and file the September Investment Report. Mayor Melendez asked about the Net Increase/Decrease of $1 million dollars. Director of Administrative Services Riley stated in the City's LAIF Fund, staff uses that fund to hold money until the City needs to pay bills. (5) Receive and File the Annual Special Tax Levy Report for the City's Communitv Facilities Districts for FY 2010-11 Recommendation: It is recommended that the City Council receive and file this report. Council Member Hickman asked Mr. Dennis Anderson if there were any increases. Mr. Anderson stated there were some decreases within some of the districts; however, the rest of the districts had the typical 2% increase. Page 4 of 18 Joint City Council Study Session Page 3 of 7 October 26, 2010 (6) Consideration of Adopting the Biennial Conflict of Interest Code for the City of Lake Elsinore and the Lake Elsinore Redevelopment Agency Recommendation: It is recommended that the City Council adopt Resolution No. 2010-065 amending the Conflict of Interest Code for the City and the Lake Elsinore Redevelopment Agency reflecting changes to the list of Designated Employees. Council Member Hickman asked what the difference is between the Conflict of Interest for City Council, Redevelopment Agency and the designated employees. City Attorney Leibold stated there is a conflict of interest code where the City and the Agency's adopt both codes which is prepared by the Fair Political Practices Commission, (FPPC). She stated the form discloses any interest made which is to be entered onto the form. She stated the ethic code AB 1234 is an additional and separate requirement which the Council and Agency members are required to take every two years. (7) Consideration of Annual Software Maintenance Agreement Renewal with SunGard Public Sector Recommendation: It is recommended that the City Council authorize the City Manager to renew the annual software maintenance agreement with SunGard Public Sector. Mayor Melendez asked staff for further clarification on this agreement price and terms. Toby Soto, IT Supervisor stated the price of the maintenance agreement has not increased over the past two years due to the economic decline. He stated normally the increase is around 2-3% per year. (8) Consideration of License Renewal and Waiver of Informal Bid for ESRI ARCGIS Software Recommendation: It is recommended that the City Council authorize the City Manager to renew the annual software maintenance agreement with ESRL (9) Reduction of Special Taxes for Community Facilities District No. 2005-5 (Villages at Wasson Canyon) Recommendation: It is recommended the City Council adopt Resolution No. 2010-066 acting as the legislative body of the City of Lake Elsinore Community Facilities District No. 2005-5 (Villages at Wasson Canyon), approving the lowering of special taxes and authorizing the taking of certain other actions related thereto. Council Member Hickman asked Mr. Anderson about the reduction. Mr. Anderson stated the district was formed in 2005. He stated the taxes were based on the assumed sale prices. He stated bonds were not issued for that area until 2008, and in 2008 the Page 5 of 18 Joint City Council Study Session Page 4 of 7 October 26, 2010 home values had dropped significantly. Therefore the bonds were reduced based on the prices of the homes for 2008. He stated recently the new developer, DR Horton asked that the rates be reduced in order for it to be easier to sell their product at a lower tax rate, which is why the request is being brought forward to Council. Mayor Melendez asked Mr. Anderson how much this would lower homeowner's taxes. Mr. Anderson responded by saying it would be approximately a $1,300 a year decrease. Council Member Hickman asked how many homes would be affected by this decrease. Mr. Anderson stated around 135 homes with 55 additional vacant lots. (10) Consideration of Proposed Road Closures for the Lake Elsinore Grand Prix Recommendation: It is recommended that the City Council approve the street closures as listed in the discussion section of the Agenda Report. Council Member Magee thanked staff for all their efforts working with the Storm Stadium on this event. He stated this event is very important for the City of Lake Elsinore and requested clarification on the first listed road closure. Director of Public Works/City Engineer Seumalo stated the road closure would be from the intersection of Diamond Drive and Malaga Road and Diamond Drive to Mission Trail would remain open including Campbell Street. Mayor Melendez requested clarification on the cost. City Manager Brady stated that it is estimated to cost $3,000 to $5,000 for materials and staff time. Any money not used would be refunded to the applicant. (11) Consideration of Southwest Communities Financing Authority Third Amended and Restated Joint Powers Agreement Recommendation: It is recommended the City Council approve the Third Amended and Restated Joint Powers Agreement. Council Member Hickman asked what the City's portion would be since the amendment added the City of Wildomar as a member. City Manager Brady stated the City's portion would be around $577,000.00 Council Member Buckley pointed out that the Board of Directors would be the responsible party to appoint an Assistant Program Administrator; however, he wasn't sure if there is a need for that position. Page 6 of 18 Joint City Council Study Session October 26, 2010 Page 5 of 7 (12) Consideration of a Temporary Minor Design Review Fee Waiver for any Sign or Structure on Main Street Recommendation: It is recommended that the City Council authorize a temporary waiver of fees for minor design review applications submitted to the City by December 31, 2010 for any structure or sign located on Main Street. Council Member Hickman asked the City Manager how many staff members it would take to improve or alter a structure. City Manager Brady stated there may be the necessity for one or two staff members. He stated the waiver is to encourage improvement to structures in the Downtown area which may lead to increased property and sales tax revenues to the City. PUBLIC HEARING(S) There is none scheduled. APPEAL(S) There is none scheduled. BUSINESS ITEM(S) (13) Status Report to the City Council Concerning the City's Draft Housing Element Recommendation: It is recommended the City Council receive and file this report. The City Council recessed and convened to the Redevelopment Agency at 4:27 p.m. REDEVELOPMENT AGENCY Chairman Magee called the meeting to order at 4:27 p.m. ROLL CALL PRESENT: CHAIRMAN MAGEE VICE-CHAIR BUCKLEY MEMBER HICKMAN MEMBER MELENDEZ ABSENT: MEMBER BHUTTA 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. Page 7 of 18 Joint City Council Study Session October 26, 2010 CLOSED SESSION Page 6 of 7 (1a) Conference with Legal Counsel -Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54946.9: 1 potential case. CLOSED SESSION REPORT City Attorney Leibold announced that the Redevelopment Agency would adjourn to Closed Session at 5:00 p.m and the Agency would discuss Closed Session Item 1a as listed on the agenda. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Regular Meeting -October 12, 2010 b) Joint City Council/Redevelopment Agency/Public Financing Authority Meeting - October 12, 2010. (3) Warrant List Dated October 14, 2010 Recommendation: Authorize payment of Warrant List dated October 14, 2010. (4) Investment Report - September 2010 Recommendation: Receive and File the Investment Report for September 2010. (5) Consideration of Approving the Conflict of Interest Code for the Lake Elsinore Redevelopment Agency Adopted by the City Council Recommendation: It is recommended the Redevelopment Agency Board acknowledge the City Council Resolution Amending the Redevelopment Agency's Conflict of Interest Code. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEM(S) No business items scheduled. The Redevelopment Agency adjourned at 4:29 p.m. Page 8 of 18 Joint City Council Study Session Page 7 of 7 October 26, 2010 The City Council reconvened at 4:29 p.m. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council would adjourn to Closed Session at 5:00 p.m and the City Council would discuss Closed Session Item 1a as listed on the agenda. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 4:30 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 ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE Page 9 of 18 Page 10 of 18 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 26, 2010 CALL TO ORDER Mayor Melendez called the Regular City Council Meeting to order at 7:00 p.m. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA 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, Fire Chief Lawson, Police Chief Fontneau, and Interim City Clerk Cowley. PLEDGE OF ALLEGIANCE Mayor Melendez invited Zachary a member of Boy Scout Troop No. 124 in attendance to lead the audience in the Pledge of Allegiance. 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). City Attorney Leibold announced that item (1a) as listed on the agenda was discussed during closed session and there was no reportable action. PRESENTATIONS / CEREMONIALS Proclamation Acknowledging Veterans Event at Lake Elsinore Grand Prix (To Be Presented at Grand Prix). Page 11 of 18 Regular City Council Meeting Page 2 of 8 October 26, 2010 Mayor Melendez presented a proclamation to C. J. Stewart, acknowledging the efforts of the Gripsters Motorcycle Club. She advised the public that C.J. Stewart would present the proclamation to the Gripsters Motorcycle Club at the Lake Elsinore Grand Prix. C.J. Stewart advised the audience that the Gripsters Motorcycle Club was one of the original backers of the event and thanked the City Council for their contributions to the veterans event. Presentation to H.O.P.E. by Southern California Edison Viet Tran representing Southern California Edison stated every year the Southern California Edison selects a charitable organization to receive a grant. He stated this year they selected the organization known as "Helping Our People in Lake Elsinore" (HOPE) and are presenting HOPE with a check in the amount of $25,000. Ron Hewison representing HOPE stated that the organization is now in its 20th year and has helped approximately 1,200 families per month with meals. He stated this grant will help provide family's in the community to a Thanksgiving meal. Mayor Melendez thanked Mr. Tran and Southern California Edison for their generous contribution. PUBLIC COMMENTS - NOWAGENDIZED ITEMS - 1 MINUTE Chris Hyland, resident of Lake Elsinore expressed her concerns with certain candidates who are running for the upcoming election and the lack of documenting information regarding the funds used for campaigning. She also advised the public that someone has been writing letters to several of the marijuana dispensaries in the surrounding community stating they are from her. She advised the public that the letters were not sent by her and would continue her efforts to investigate the person who is doing this. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES There were none. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the following minutes: a) Regular City Council Meeting - October 12, 2010 b) Joint City Council /Redevelopment Agency/Public Financing Authority Meeting - October 12, 2010 Page 12 of 18 Regular City Council Meeting Page 3 of 8 October 26, 2010 (3) Warrant List Dated October 14. 2010 Recommendation: Authorize payment of Warrant List dated October 14, 2010. (4) Investment Report for September 2010 Recommendation: It is recommended the City Council receive and file the September Investment Report. (5) Receive and File the Annual Special Tax Levy Report for the City's Community Facilities Districts for FY 2010-11 Recommendation: It is recommended that the City Council receive and file this report. (6) Consideration of Adopting the Biennial Conflict of Interest Code for the City of Lake Elsinore and the Lake Elsinore Redevelopment Agency Recommendation: It is recommended that the City Council adopt Resolution No. 2010-065 amending the Conflict of Interest Code for the City and the Lake Elsinore Redevelopment Agency reflecting changes to the list of Designated Employees. (7) Consideration of Annual Software Maintenance Agreement Renewal with SunGard Public Sector Recommendation: It is recommended that the City Council authorize the City Manager to renew the annual software maintenance agreement with SunGard Public Sector. (8) Consideration of License Renewal and Waiver of Informal Bid for ESRI ARCGIS Software Recommendation: It is recommended that the City Council authorize the City Manager to renew the annual software maintenance agreement with ESRI. (10) Consideration of Proposed Road Closures for the Lake Elsinore Grand Prix Recommendation: It is recommended that the City Council approve the street closures as listed in the discussion section of the Agenda Report. (11) Consideration of Southwest Communities Financing Authority Third Amended and Restated Joint Powers Agreement Page 13 of 18 Regular City Council Meeting October 26, 2010 Page 4 of 8 Recommendation: It is recommended the City Council approve the Third Amended and Restated Joint Powers Agreement. Mayor Pro Tern Bhutta pulled Item No. 12 from the Consent Calendar for discussion. Mayor Melendez pulled Item No. 9 from the Consent Calendar for discussion. It was moved by Council Member Hickman and seconded by Council Member Buckley to approve Items 2 through 8 and 10 through 11, excluding Items 9 and 12 on the Consent Calendar. The motion unanimously carried by the following vote: AYES: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; NOES: None. ITEMS PULLED FROM THE CONSENT CALENDAR (9) Reduction of Special Tax for Community Facilities District No. 2005-05 (Villages at Wasson Canyon) Recommendation: It is recommended the City Council adopt Resolution No. 2010-066 acting as the legislative body of the City of Lake Elsinore Community Facilities District No. 2005-05 (Villages at Wasson Canyon), approving the lowering of special taxes and authorizing the taking of certain other actions related thereto. Council Member Hickman provided information to the public regarding details of the reduction of special taxes for Community Facilities District No. 2005-05. He stated this approval would decrease the taxes to approximately $1,400 per home in that area. It was moved by Council Member Hickman and seconded by Mayor Pro Tern Bhufta to adopt Resolution No. 2010-066, approving Community Facilities District No. 2005-05 (Villages at Wasson Canyon), approving the lowering of special taxes; and authorizing the taking of certain other actions related thereto. The motion unanimously carried by the following vote: AYES: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; NOES: None. (12) Consideration of a Temporary Minor Design Review Fee Waiver for any Sign or Structure on Main Street Recommendation: It is recommended that the City Council authorize a temporary waiver of fees for minor design review applications submitted to the City by December 31, 2010 for any structure or sign located on Main Street. Jimmy Flores, resident of Lake Elsinore asked the City Council why only the Historical Downtown area was being selected for this fee waiver as all businesses in Lake Elsinore should be considered for this reduction. Page 14 of 18 Regular City Council Meeting Page 5 of 8 October 26, 2010 Mayor Pro Tem Bhutta agreed with Mr. Flores comments. She suggested expanding the waiver to include a reduction of the business license fees during the holiday season in order to help encourage new businesses in town. Council Member Magee addressed the comments made by Mr. Flores stating that Downtown Main Street businesses have been around for over 100 years and different rules apply to those businesses in that area. He suggested staff work with the Chamber of Commerce in the advertising of the waiver by having it posted on the Chamber of Commerce and City's Web site. It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Magee to authorize a temporary waiver of fees for minor design review applications and to waive business license fees for any new business, structure or sign through out the City through December 31, 2010. The motion unanimously carried by the following vote: AYES: Council Members: Buckley, Hickman, Magee, Mayor Pro Tem Bhutta and Mayor Melendez; NOES: None. PUBLIC HEARING(S) There is none scheduled. APPEAL(S) There is none scheduled. BUSINESS ITEM(S) (13) Status Report to the City Council Concerning the City's Draft Housing Element Recommendation: It is recommended the City Council receive and file this report. Council Member Magee advised Council that the housing element document that was provided in their agenda packets was voluminous and requested a Joint Study Session with the Planning Commission and the consultant to allow further review and discussion. City Attorney Leibold stated that the City's Draft Housing Element needs to be completed as soon as possible in order to be in compliance. City Manager Brady suggested having the Joint Study Session held on November 16th at 5:00 p.m. which is normally a Planning Commission meeting; however, that particular meeting was cancelled. Mayor Melendez pointed out the importance of having the consultant attend the study session as well. The City Council recessed and convened to the Redevelopment Agency at 7:26 p.m. Page 15 of 18 Regular City Council Meeting Page 6 of 8 October 26, 2010 The City Council reconvened at 7:28 p.m. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Ruth Atkins, resident of Lake Elsinore and President of the Lake Elsinore Historical Society thanked the City's staff members for all the help they have provided to the Society. She also expressed to the Council her dismay upon learning of a home located on Walker Canyon Road which was built in 1890 was recently demolished. She reminded the City Council that a Historical Preservation Commission was approved by City Council by way of Resolution on September 28, 1982 and asked the City Council what happened to the Commission. She advised City Council that the Lake Elsinore Military Academy is eligible for historic status by the Riverside County Historic Commission. Council Member Buckley advised Ms. Atkins that the City would check to verify that the home that was demolished was in the city limits. Brian Tisdale, a candidate in the upcoming General Municipal Election on November 2, 2010 introduced himself to the public. He stated over the past two months he has had the opportunity to visit many neighborhoods and stated it has been an uplifting experience. He stated many residents addressed their concerns regarding the future development and safety in the city. He suggested to the Council Members to walk through the communities and listen to the concerns of the citizens. He thanked the City Council for their support and advice. CITY MANAGER COMMENTS City Manager Brady commented on the following: • Saturday, October 30th is the Harvest Festival from 2:00 p.m. - 6:00 p.m. located at Quest Church, 18421 Collier Avenue, Lake Elsinore, CA 92530. • Tuesday, November 2nd is Election Day from 7:00 a.m. - 8:00 p.m. • Friday, November 5th is the Shred Fest Skateboarding Event at the Skate Park from 8:00 p.m. - 10:00 p.m. Cost: $3 per person. Location of the event is McVicker Skate Park. • Saturday, November 6th is the Household Hazardous Waste Collection Event for free disposal for City & County residents from 9:00 a.m. - 2:00 p.m. at the Public Works Yard located at 521 N. Langstaff Street, Lake Elsinore, CA 92530 • Saturday, November 6th is the 8th Annual Lake Elsinore Outlets Shopping Extravaganza. The event is from 9:00 a.m. - 4:00 p.m. and the cost is $20 Admission. Location of the event is Lake Elsinore Outlet Center. Page 16 of 18 Regular City Council Meeting October 26, 2010 Page 7 of 8 • November 6th through 7th is the 2010 Lake Elsinore Grand Prix to beheld at the Lake Elsinore Diamond Stadium. • Wednesday, November 10th is the Java Jive from 8:00 a.m. - 9:30 a.m. at the Flour Fusion Gourmet Bakery, Cafe & Coffeehouse, located at 133 North Main Street, Lake Elsinore, CA 92530 • Wednesday, November 10th is the Coffee with the Mayor from 9:00 a.m. - 10:30 a.m. at the Flour Fusion Gourmet Bakery, Cafe & Coffeehouse. CITY ATTORNEY COMMENTS She had no comments. There were no comments. CITY COUNCIL COMMENTS Council Member Magee commented on the following: • He addressed the concerns of Ms. Atkins and agreed with her analysis that there was an active Historical Preservation Commission. He stated unfortunately the commission was forced to be put into hiatus due to a lack of funds. He suggested to have a staff member meet with Ms. Atkins to serve in a voluntary advisory role, and bring recommendations back to the City Council. Council Member Hickman commented on the following: • He thanked Ms. Atkins for attending the City Council meeting. • He reminded the public to get out and vote on November 2na Council Member Buckley commented on the following: • He reminded everyone that next Tuesday is Election Day and to be sure to vote. • He reminded everyone about the Lake Elsinore Grand Prix which is on November 6th and 7th and suggested the public attend. Mayor Pro Tern Bhutta commented on the following: • She advised the public that she has received many calls regarding the closure of Spring Street. She indicated that the street would remain closed for a few more months until the construction is completed. • She welcomed those who are interested in opening a business in the city to take advantage of the fee waiver. Page, 17 of 18 Regular City Council Meeting October 26, 2010 Page 8 of 8 • She wished everyone a safe Halloween and to watch out for the children in the streets. Mayor Melendez commented on the following: • She congratulated HOPE for their huge contribution from Southern California Edison. ADJOURNMENT The Lake Elsinore City Council adjourned the meeting at 7:42 p.m. to a regular meeting to be held on Tuesday, November 9, 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 ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE Page 18 of 18