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HomeMy WebLinkAbout12-14-2010 SSMINUTES JOINT MEETING OF CITY COUNCIL REDEVELOPMENT AGENCY PUBLIC FINANCING AUTHORITY AND RECREATION AUTHORITY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 14, 2010 CALL TO ORDER Mayor Melendez called the Joint Study Session to order at 4:03 p.m. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA COUNCIL MEMBER HICKMAN (arrived at 4:10 p.m.) COUNCIL MEMBER MAGEE ABSENT: COUNCIL MEMBER BUCKLEY 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 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) (1 b) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9) Carlos Stahl vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10020759) (1 c) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9) Harding vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC 445294) Joint City Council Study Session December 14, 2010 Page 2 of 11 (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 CLOSED SESSION REPORT 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 1a through 1d under Closed Session on the agenda. PRESENTATIONS / CEREMONIALS It was moved by Mayor Melendez and seconded by Mayor Pro Tern Bhutta to add an item under Presentations/Ceremonials congratulating the Lake Elsinore High School Football Team. The motion carried by the following vote: AYES: Council Members: Magee, Mayor Pro Tern Bhutta and Mayor Melendez; NOES: None; ABSENT: Council Member Buckley and Hickman. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE There were no comments. DECLARATION OF GENERAL MUNICIPAL ELECTION RESULTS (2) Consideration of Resolution No. 2010-068 Reciting the Facts of the General Municipal Election held on November 2, 2010 and Declaring the Result Thereof Recommendation: That the City Council (1) adopt Resolution No. 2010-068 Reciting the Facts of the General Municipal Election held on November 2, 2010, Declaring the Result and Such other Matters as may be provided by law; (2) direct the City Clerk to deliver Certificates of Election to each of the persons elected to office; and (3) direct the City Clerk to administer the Oath of Office as prescribed in the Constitution of the State of California. CONSENT CALENDAR (3) Approval of Minutes Recommendation: It is recommended the City Council approve the following minutes: a) Regular City Council Meetings - November 9, 2010 and November 23, 2010. b) Joint City Council /Redevelopment Agency Meeting - November 23, 2010. Joint City Council Study Session Page 3 of 11 December 14, 2010 (4) Warrant List Dated November 30. 2010 Recommendation: Authorize payment of Warrant List dated November 30, 2010. Council Member Magee asked about the following warrants and staff provided the following responses: Warrant No. 104594-104595 payable to Employment Development Department in the amount of $50,101.18. He requested staff to monitor this payment and to continue to update the Council on what the City's projection would be. Mayor Pro Tern Bhutta asked about the following warrants and staff provided the following responses: • Warrant No. 95093 and 104570 both payable to CM Wash Equipment. Public Works Director Seumalo stated both payments were for separate issues. One was payment for a new recyclable wash system for the Public Works Yard and the second payment was for a wash feature on the City's truck. • Warrant No. 104557 payable to American Express in the amount of $347.98 was for the Police Department. Administrative Services Director Riley stated he would research this and get back to Council • Check No. 104624-104626 in the amount of $3,620.64 payable to Lake Chevrolet. Rick DeSantiago the City's Chief Mechanic stated the funds were used to have smog testing on the City's trucks. • Check No. 104690 in the amount of $942.40 payable to Z Best Body & Paint Shops, Inc. was for the purchase of a bobcat trailer which was purchased from an auction. Council Member Hickman asked about the following warrants and staff provided the following responses: Check No. 104624 -104626 payable to Lake Chevrolet for a truck steering wheel. Chief Mechanic DeSantiago stated the steering wheel on the city's truck needed to be replaced as it was unsafe to drive. He noted that servicing the city's vehicles and boats are an on-going requirement in order to make them safe to use. Mayor Melendez asked about the following warrants and staff provided the following responses: Check No. 95094 payable to Riverside County Sheriff Court Services in the amount of $1,200 was related to working with the Community Facilities District attorney on foreclosed properties. Check No. 104553 payable to A & A Janitorial Service was to dispose of a tremendous amount of trash along the beaches during the boating season. Joint City Council Study Session December 14, 2010 Page 4 of 11 • Check No. 104565 payable to California P.E.R.S. in the amount of $450.58 and check No. 104604 payable to Gall's Retail in the amount of $792.70 both are for uniform allowance. Administrative Services Director Riley advised Council that the Code Enforcement uniforms are different from the standard polo type shirts issued. He would advise Council on how many of the shirts were issued. • Check No. 104631 payable to LSA Associates, Inc. in the amount of $3,195.47 was used for the burrowing owl study for the Railroad Canyon Road / 1-15 Freeway project. (5) Termination of the Proclamation of the City Council Suspending Burning Permits and other uses of open fire Recommendation: It is recommended the City Council terminate the proclamation suspending the issuance of burn permits and other uses of open fire that became effective on July 28, 2010. (6) Consideration of New Copier Lease with Innovative Document Solutions, Inc. for the City Clerk's Department Recommendation: It is recommended the City Council: (1) Approve the digital copier lease proposal and designate and authorize the City Manager to execute the 60-month Municipal Lease agreement with Canon Financial Services, Inc., for a Canon iR2535 digital copier; and (2) Approve service proposal by Innovative Document Solutions Inc. (based on monthly CMAS Service Agreement #GS-25F-0023M) and designate and authorize the City Manager to execute the Service Agreement with Innovative Document Solutions Inc. to maintain a Canon iR2535 digital copier, per the stated terms and conditions. Mayor Pro Tem Bhutta asked how old the current copier in the City Clerk's office is and whether it had a warranty and service agreement. IT Supervisor Soto indicated that the copier is approximately five years old and is no longer under warranty. He indicated the new copier would be leased and the fees include license, tax, and necessary repairs and toner. Council Member Hickman asked if the City pays a percentage for the amount of copies distributed. IT Supervisor Soto stated there is a price per print; however is less than 1g per page. PUBLIC HEARING(S) (7) Public Hearing to Consider an Interim Urgency Ordinance Enacted Pursuant to Government Code Section 65858 to Extend Urgency Ordinance No. 1272 for an Additional 12 Months and to Continue for this Period the Temporary Prohibition against Establishment and Operation of All Marijuana Manufacturing Activities Joint City Council Study Session December 14, 2010 Page 5 of 11 Recommendation: It is recommended the City Council (1) approve the report prepared by staff on the measures taken so far to alleviate the conditions which led to the adoption of Ordinance No. 1272 placing a moratorium on the establishment or operation of Marijuana Manufacturing Activities; and (2) waive further reading and adopt by title only by a four-fifths vote: Interim Urgency Ordinance No. 2010-1288-U Enacted Pursuant to Government Code Section 65858 to Extend Urgency Ordinance No. 1272 for an Additional 12 months and Continue for this Period the Temporary Prohibition Against Establishment and Operation of all Marijuana Manufacturing Activities. Council Member Hickman asked if this ordinance would prevent a person from growing plants for their own use. City Attorney Leibold responded by saying, no, not as long as the person has their medical card. Mayor Melendez asked what the next step is after the twelve month period expires. City Attorney Leibold replied by saying after 12 months the City could adopt an ordinance addressing the issue APPEAL(S) There is none scheduled. BUSINESS ITEM(S) (8) Second Reading - Adoption of Ordinance No. 2010-1287 Amending Chapters 15.02. 15.20 15.24 15.38 15.40 and 15.56 and Adding Chapters 15 06 15 32 15.42 and 15.48 to Lake Elsinore Municipal Code Adopting the 2010 California Building Standards Code Recommendation: It is recommended the City Council, on second reading, adopt by title only and waive further reading, Ordinance No. 2010-1287. Council Member Hickman asked if there have been many requests for building permits. City Manager Brady stated that there has been a slight increase of purchasing building permits before the new Building Standards goes into effect. (9) Consideration of Riverside County Mortgage Credit Certificate Program Participation Recommendation: It is recommended the City Council adopt Resolution No. 2010-069 approving the City's participation in the County of Riverside Mortgage Credit Certificate Program. Council Member Hickman asked City Attorney Leibold if this would help homeowners get ahead. City Attorney Leibold stated the mortgage credit certificate is a tax credit for first time home buyers and would not affect the property taxes. Joint City Council Study Session Page 6 of 11 December 14, 2010 Mayor Pro Tern Bhutta asked about the target area census tract and if anyone knew where the target area is. City Manager Brady replied by saying he doesn't know where the target areas are off hand, but typically they are based on the income level of a particular census tract. Mayor Pro Tem Bhutta asked if a home business would be allowed. City Manager Brady replied by saying yes. Mayor Pro Tern Bhutta noted there would be a minimum fiscal impact and wanted to know the estimate. City Manager Brady stated the only expense would be paying for the advertising in the local newspaper. Mayor Melendez asked if there were any cities in the area that were not participating in the program. Redevelopment Analyst Carlson stated he was unable to locate a list of the cities that were not participating. (10) Consideration of Project Budget Adiustment Community Center for Project Design Recommendation: It is recommended that the City Council approve the budget adjustment in the amount of $35,000 from Fund 117. Mayor Pro Tern Bhutta asked how much money is in the community Center DIF Fee Fund 117 and what the funds could be used for. Administrative Services Department Director Riley stated that there is approximately $200,000 to 300,000 in the funds which could be used for community projects related to recreation. Mayor Melendez asked what the total cost would be for this project. Public Works Director Seumalo stated he did not have the exact figure of the cost for construction. Mayor Melendez requested details of the funding to be provided to Council. (11) Consideration of Grant of Easements to Elsinore Valley Municipal Water District Recommendation: It is recommended the City Council authorize the City Manager to process the easement documents and instruct staff to forward the documents to the County for recordation. Council Member Magee asked when the project would be completed, when the permit would expire and what the progress was. Mayor Melendez indicated that she spoke with Mr. Morrison who stated he has been providing updates to the City Manager. City Manager Brady stated the updates have been provided to Mayor Pro Tern Bhutta and the Water District has stated that the project should be completed by March 2011. Council Member Magee stated his concerns with the timeline. He stated March 2011 is not acceptable to him and requested to have the item brought before Council at the January 11th meeting. He indicated it appeared that Lakeshore Drive improvements have been completed and therefore they can begin on Diamond Drive Street improvements. Public Works Director Seumalo stated he believed the Water District Joint City Council Study Session Page 7 of 11 December 14, 2010 has begun the street improvements on Malaga and would continue through Diamond and Auto Center Drive. Council Member Magee stated it is not consistent with the presentation that the Water District gave one year ago, and requested it to be added to the next agenda for discussion. Council Member Hickman pointed out that he has received numerous complaints about the repairs completed on Railroad Canyon Road and asked staff who did the repairs and were they required to have a permit. Public Works Director Seumalo replied by saying he believed the Water District conducted some repairs to the underground utilities on Railroad Canyon Road and they were required to pull a permit. Mayor Melendez asked if there is a city policy that states when repairs are completed to City-owned property, the repairs should meet the satisfaction of the city. Public Works Director Seumalo stated that the Water District has conditions of approval under the encroachment permit that they are required to follow. (12) Annual Reorganization of the City Council to select the Mayor and Mayor Pro Tem Recommendation: That the City Council: (1) Open the floor and accept nominations for Mayor; close the nominations and conduct a roll call vote; (2) Appointed Mayor assume the chair and open and accept nominations for Mayor Pro Tem; close the nominations and conduct a roll call vote. (13) Consideration of Cancelling the Regular City Council meeting of December 28, 2010 Recommendation: It is recommended the City Council consider cancelling the study session and regular meeting of the City Council and Redevelopment Agency for December 28, 2010. Council Member Magee advised the Council that he spoke with the applicants that were scheduled to appear at the December 28th City Council meeting and they agreed to have their items discussed at the January 11th meeting in order to save the City money and to allow staff members to enjoy the holiday with their families. The City Council recessed and convened to the Redevelopment Agency at 4:46 p.m REDEVELOPMENT AGENCY Chairman Magee called the meeting to order at 4:46 p.m Joint City Council Study Session Page 8 of 11 December 14, 2010 ROLL CALL PRESENT: CHAIRMAN MAGEE MEMBER BHUTTA MEMBER HICKMAN MEMBER MELENDEZ ABSENT: VICE-CHAIR BUCKLEY Also present: Executive Director Brady, Agency Counsel Leibold, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Redevelopment Analyst Carlson, , and Secretary Cowley. CLOSED SESSION Agency Counsel Leibold announced the Agency Board would recess to Closed Session at 5:00 p.m. to discuss the following items: (1a) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9 (1 b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 373-210-030 and 371-100-014 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Liberty Founders Under negotiation: Price and terms of payment CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Regular Meeting - November 9, 2010 and November 23, 2010 b) Joint City Council / Redevelopment Agency Meeting - November 23, 2010 (3) Warrant List Dated November 30, 2010 Recommendation: Authorize payment of Warrant List dated November 30, 2010. Agency Member Bhutta asked about the following warrants and staff provided the following response: Joint City Council Study Session December 14, 2010 Page 9 of 11 • Check No. 6890 payable to City of Lake Elsinore in the amount of $4,100 was an annual administrative fee related to staff time to work on projects under the Redevelopment Agency or Community Facilities Districts. Agency Member Melendez asked about the following warrants and staff provided the following response: • Check No. 6078 payable to Leibold, McClendon & Mann in the amount of $10,875.72 was related to invoices dated back to April 2010 and asked when the invoices would be brought up to date. Agency Counsel Leibold advised the Agency that her firm has submitted invoices up to May 2010 and is working on having them caught up as quickly as they can. (4) Commercial Relocation Services for 156 and 158 Main Street Recommendation: It is recommended the Agency Board approve the relocation assistance services proposal and authorize the City Manager to execute the applicable contract. Agency Member Bhutta noted that the City would be issuing two checks in the amount of $4,500 to two business occupants and asked what the checks would be used for. Mark La Bonte representing Overland, Pacific & Cutler, Inc stated the fees would provide relocation assistance for the two business occupants and a status report would be provided to Council outlining their progress. Agency Counsel Leibold indicated that the two business occupants would be required to sign an acknowledgement and release in English and Spanish. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEM(S) (5) Consideration of Adopting Resolution No 2010-006 RDA Making Various Findings Related to the Agency's Low and Moderate Income Housing Fund Recommendation: It is recommended the Agency Board adopt Agency Resolution No. 2010-006 RDA Making Various Findings Related to the Lake Elsinore Redevelopment Agency's Low and Moderate Income Housing Fund. (6) Annual Reorganization of the Redevelopment Agency of the City of Lake Elsinore to select the Chair and Vice-Chair Recommendation: It is recommended the Agency Board: (1) open the floor to nominations for the selection of a Chairperson, receive nominations, close the Joint City Council Study Session December 14, 2010 Page 10 of 11 nominations and conduct a roll call vote; and (2) the appointed Chairperson open the floor to nominations for the office of Vice-Chair, receive nominations, close the nominations and conduct a roll call vote. The Redevelopment Agency recessed and convened to the Public Financing Authority at 4:54 p.m. PUBLIC FINANCING AUTHORITY Chairman Hickman called the meeting to order at 4:54 p.m. ROLL CALL PRESENT: CHAIRMAN HICKMAN VICE-CHAIR BHUTTA MEMBER MAGEE MEMBER MELENDEZ ABSENT: MEMBER BUCKLEY Also present: Executive Director Brady, Agency Counsel Leibold, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Redevelopment Analyst Carlson, and Secretary Cowley. CONSENT CALENDAR (1) Approval of Public Financing Authority Minutes Recommendation: Approve the following minute(s): a) Regular Public Financing Authority Meeting - October 12, 2010 b) Joint City Council/Redevelopment Agency and Public Financing Authority Meetings - October 12, 2010 PUBLIC HEARING(S) There are none. BUSINESS ITEM(S) (2) Annual Reorganization of the Public Finance Authority of the City of Lake Elsinore to select a Chairperson and Vice-Chairperson Recommendation: It is recommended the Authority Board: (1) Open the floor to nominations for the selection of a Chairperson, receive nominations, close the nominations and conduct a roll call vote; and (2) The appointed chairperson open the floor to nominations for the office of Vice-Chairperson, receive nominations, close the nominations and conduct a roll call vote. Joint City Council Study Session Page 11 of 11 December 14, 2010 The Public Financing Authority adjourned. The City Council reconvened at 4:55 p.m. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 4:56 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 ATT T. CA L CO EY, INTERIM ITY CLERK CITY OF LAKE ELSINORE