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HomeMy WebLinkAboutRDA Item No. 2REPORT TO REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: FEBRUARY 22, 2011 SUBJECT: APPROVAL OF MINUTES Discussion The following Redevelopment Agency Minutes are submitted for approval: a) Joint Study Session City Council /Redevelopment Agency Meeting January 25, 2011 and February 8, 2011 b) Redevelopment Agency Meeting from January 25, 2011 Recommendation Approve the Minutes as submitted Prepared by: Dana C. Porche Office Specialist Approved by: Virginia J. Bloom Id' City Clerk Approved by: Robert A. Bradym City Manager V( ,/~/J PAGE / OF ~ AGENDA JTEM8 6~tl, PA2F, a.~ OFD MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY AND PUBLIC FINANCING AUTHORITY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 25, 2011 CALL TO ORDER Mayor Bhutta called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: MAYOR BHUTTA MAYOR PRO TEM MAGEE COUNCIL MEMBER HICKMAN COUNCIL MEMBER MELENDEZ COUNCIL MEMBER TISDALE ABSENT: NONE Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Building & Safety/Code Enforcement Manager Chipman, Director of Lake and Aquatics Kilroy, Police Lieutenant Anne, and Office Specialist Porche. 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. RICII 0020759) (1 c) CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code Section 54957.6) City negotiator: City Manager Robert Brady Employee organization: Lake Elsinore Chapter of Laborer's International Union of North America, Local 777 (1d) PUBLIC EMPLOYMENT (Gov't Code § 54957): City Clerk AGENDA ITEM ~ Co a 3 PACE 3 OF Joint City Council Study Session January 25, 2011 Page 2 of 9 (1e) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases PRESENTATIONS / CEREMONIALS • Business of the Quarter • Certificate of Recognition to Helen Jeong • Introduction of Volunteer Coordinator Mayor Bhutta confirmed with staff that all individuals would be present at the 7:00 p.m. meeting. City Manager Brady advised the Council that all confirmed that they would be in attendance. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE There were no comments. CONSENT CALENDAR (2) Warrant Lists Dated January 13, 2011 Recommendation: Authorize payment of Warrant Lists dated January 13, 2011 Council member Hickman asked about the following warrants and staff provided the following responses: • Check No. 95114 to Animal Friends of the Valley in the amount of $15,000.00 was for the field services. • Check No. 104973 to CM Wash Equipment in the amount of $1,957.50 was to replace the sprayers for the Park & Lakes Department motor vehicles. • Check No. 104984 to Dapeer, Rosenbilt & Litvak, L.L.P in the amount of $7,643.28 was for special legal counsel that met with the Council during closed session. • Check No. 105016 to Lake Chevrolet in the amount of $3,067.11 was for the repair of a patrol boat engine. • Check No. 105051 to SC Signs in the amount of $1,890.00. Director of Administrative Services would need to research this and get back to Council. Council Member Melendez asked about the following warrants and staff provided the following responses: Check No. 104995 to Edmonson Construction Co. in the amount of $19,960.00 was for a road that was damaged from the last series of storms. AGENDA ITEM NO. 0E Z/ 023 PAC,F-te OF - Joint City Council Study Session January 25, 2011 Page 3 of 9 • Check No. 105005 to Kasey K. Hend ley in the amount of $1,185.18 was reimbursement for weed abatement charges. Mayor Bhutta asked about the following warrants and staff provided the following responses: • Check No. 104949 to A & T Printing in the amount of $543.76 was for two reams of special letterhead paper used by the executive and clerk's office. • Check No. 104959 to Bank of America (5336) in the amount of $734.85 was to repair various items at Fire Station #94 located in Canyon Hills. • Check No. 104961 to Bank of America (6678) in the amount of $384.33 was for repairs to the McVicker Fire Station. • Check No. 104962 to Bank of America (8076) in the amount of $631.41 was for a new mobile printer. Director of Administrative Services Riley stated he would further research this item and get back to Council later. (3) Investment Report for December 2010 Recommendation: It is recommended the City Council receive and file the December 2010 Investment Report. (4) Community Facilities District No. 2006-01 (Summerly): Dissolving Existing Improvement Areas, Designating New Improvement Areas, and Reducing Maximum Bond Authorization Recommendation: It is recommended the City Council (1) Waive further reading and adopt Resolution No. 2011-005 dissolving improvement areas within the City of Lake Elsinore Community Facilities District No. 2006-01 (Summerly) and designating new improvement areas within said community facilities district; (2) Waive further reading and adopt Resolution No. 2011-006 of intention to incur bonded indebtedness in the amounts not to exceed $4,000,000, $6,500,000, $7,000,000, $9,000,000, $6,500,000 and $7,000,000 within Improvement Area A, Improvement Area B, Improvement Area C, Improvement Area D, Improvement Area E and Improvement Area F, respectively, of the City of Lake Elsinore Community Facilities District No. 2006-01 (Summerly). PUBLIC HEARING(S) (5) Public Hearing - Resolution Approving the Issuance of Lake Elsinore Public Financinq Authority Tax Allocation Revenue Bonds (Launch Ramp Project), 2011 Series A, In the Aggregate Principal Amount Not to Exceed $6,000,000; Approving a Bond Purchase Contract, A Project Area No. 1 Loan Agreement. A Continuing Disclosure Agreement and A Preliminary Official Statement: and Authorizing the Taking of Certain Other Actions Related Thereto: (2) Resolution of the City Council of the City of Lake Elsinore, California, Making Findings AGENDA, 9TEM DZ. pp ,GE 5 a 3 Joint City Council Study Session January 25, 2011 Page 4 of 9 Pursuant to Health and Safety Code Section 33445.1 Relating to Payment of All or Part of the Costs of the Boat Launch Project; (3) Resolution of the Redevelopment Agency of The City Council of the City of Lake Elsinore. California, Approving the Funding of the Boat Launch Project. Recommendation: It is recommended that the City Council (1) adopt City Resolution No. 2011-007 authorizing issuance of bonds and authorize bond documents; and (2) adopt Resolution No. 2011-008 Making Finding Pursuant to Health and Safety Code Section 33445.1. Council Member Hickman asked if the City would receive revenue from the improvements made to the boat launch. Director of Lake and Aquatic Kilroy answered, with all the improvements made to the boat launch, it should be a significant investment for the lake and community. Mayor Pro Tern Magee indicated that the grant was originally received in 2005 and for six years the City has been trying to make the improvements. He asked staff when Council could anticipate the improvements to commence. Director of Lake and Aquatics Kilroy answered that he anticipates the boat launch open April 2012. Council Member Melendez asked how staff calculated the cost of $6,000,000. Director of Lake and Aquatics Kilroy answered that staff received the engineer's estimate of the construction cost, and added on the contingency costs. Council Member Melendez asked if there was a pre-payment penalty. Don Hunt with Fulbright and Jaworoski stated the bonds may be paid starting on September 1, 2014 with a three-year expectation of spending all the bond proceeds. APPEAL(S) (6) Appeal of the Planning Commission Action Relative to the Approval of Conditional Use Permit No. 2010-08. To Establish And Operate An Automotive Towing and Impound Storage Facility within an Existing Building located at 29365 Hunco Way. Recommendation: It is recommended that the City Council either (1) Uphold the Planning Commission's December 7, 2010 decision resulting in the approval of the proposed towing storage/impound facility located at 29365 Hunco Way or (2) reject the Planning Commission's December 7, 2010 decision and deny the proposed towing storage / impound facility. Council Member Hickman asked if there ever was a moratorium placed on towing services. Council Member Melendez responded that there was no moratorium on record, as she had researched it earlier. Mayor Pro Tern Magee noted that the balance of the project was never developed and indicated that the pavement near the industrial building is in need of repairs and asked PAeE OF Joint City Council Study Session January 25, 2011 Page 5 of 9 who is responsible for the repairs. City Manager Brady answered that staff would use the bond for the repairs to the curb, gutter and pavement. Mayor Pro Tem Magee noted some un-permitted modifications to the building and asked if they were completed by the last or current tenant. Director of Public Works Seumalo stated the improvements were made by the last tenant. Mayor Pro Tem Magee asked for the status with the last design review submitted by Town & Country. City Manager Brady answered that the design review most likely has expired. BUSINESS ITEM(S) (7) Lake Elsinore Municipal Code Waivers for National Jet Boat Association Special Event Recommendation: It is recommended the City Council waive the Lake Elsinore Municipal Code Sections 9.96.120 (Boat Speed Limits); 9.96.200 (Motorboat Noise); 8.40.040A (Alcohol is prohibited in City Parks); 9.28.030 (Furnishing alcoholic beverages in public); 8.40.060E (Lake Use Pass), for the proposed National Jet Boat Association Special Event, subject to compliance with all other conditions for the event as approved by the City Manager. (8) Extension of Time For Industrial Design Review No. 2006-03 (Fairway Business Park Recommendation: It is recommended that the City Council adopt Resolution No. 2011-009 approving a final one-year Extension of Time for Industrial Design Review No. 2006-03 to November 27, 2011, based on the findings and updated Conditions of Approval. Mayor Pro Tern Magee asked about the fair use costs for the traffic signals. Director of Public Works Seumalo stated he received the draft letter of the agreement which he would review by tomorrow. (9) City Clerk Employment Agreement Recommendation: It is recommended that the City Council (1) adopt Resolution No. 2011-010 approving the City Clerk Employment Agreement and the Agency Board approve the City Clerk Employment Agreement is substantially the form attached and authorized the Mayor and Chairwoman to execute the Agreement subject to any minor modifications as may be approved by the City Attorney/Agency General Counsel and (2) that the City Council and Agency Board confirm and appoint the City Manager/Executive Director as Acting City Clerk / Agency General Counsel. The City Council recessed to the Redevelopment Agency at 4:31 p.m. e'Ati 7..._ O1= oZ3 Joint City Council Study Session January 25, 2011 Page 6 of 9 REDEVELOPMENT AGENCY Chairwoman Melendez called the meeting to order at 4:31 p.m. ROLL CALL PRESENT: CHAIRWOMAN MELENDEZ VICE-CHAIRMAN TISDALE MEMBER BHUTTA MEMBER MAGEE MEMBER MELENDEZ ABSENT: NONE Also present: Executive Manager Brady, Agency Administrative Services Riley, Public Works Director/City Safety/Code Enforcement Manager Chipman, Director Police Lieutenant Anne, and Office Specialist Porche. CLOSED SESSION Counsel Leibold, Director of Engineer Seumalo, Building & of Lake and Aquatics Kilroy, Agency Counsel Leibold announced the Agency Board would recess to Closed Session at 5:00 p.m. to discuss the following items: (1 a) Conference with Real Property Negotiator - (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 (1b) Conference with Legal Counsel - Anticipated Litigation - pursuant to subdivision (c) of Gov't Code Section 54956.9 CONSENT CALENDAR (2) Warrant Lists Dated January 13, 2011 Recommendation: Authorize payment of Warrant Lists dated January 13, 2011. (3) Investment Report - December 2010 Recommendation: Receive and File the Investment Report for December 2010. (4) City Clerk Employment Agreement ,Z 0 3 Joint City Council Study Session January 25, 2011 Page 7 of 9 Recommendation: It is recommended that the Redevelopment Agency (1) adopt Resolution No. 2011-008 approving the City Clerk Employment Agreement and the Agency Board approve the City Clerk Employment Agreement is substantially the form attached and authorized the Mayor and Chairwoman to execute the Agreement subject to any minor modifications as may be approved by the City Attorney/Agency General Counsel and (2) that the Council and Agency Board confirm and appoint the City Manager/Executive Director as Acting City Clerk / Agency General Counsel. PUBLIC HEARING(S) (5) Public Hearing - Resolution Approving the Issuance of Lake Elsinore Public Financing Authority Tax Allocation Revenue Bonds (Launch Ramp Project) 2011 Series A, In the Aggregate Principal Amount Not to Exceed $6,000,000: Approving a Bond Purchase Contract, A Project Area No. 1 Loan Agreement A Continuing Disclosure Agreement and A Preliminary Official Statement: and Authorizing the Taking of Certain Other Actions Related Thereto: (2) Resolution of the City Council of the City of Lake Elsinore California, Making Findings Pursuant to Health and Safety Code Section 33445.1 Relating to Payment of All or Part of the Costs of the Boat Launch ProiecY (3) Resolution of the Redevelopment Agency of The City Council of the City of Lake Elsinore California, Approving the Funding of the Boat Launch Project. Recommendation: It is recommended that the Redevelopment Agency; (1) Adopt Agency Resolution No. 2011-001 authorizing issuance of bonds and authorize bond documents; and (2) adopt Agency Resolution No. 2011-002 authorizing the funding of the Boat Launch Project. BUSINESS ITEM(S) (6) Souvenir Store Expansion at Diamond Stadium Utilizing RDA Capital Repair Funds Recommendation: It is recommended that the Agency (1) consider the Diamond Stadium Group's proposal and provide direction to the Executive Director; and (2) if direction to go forward is provided, further direct the Executive Director and Agency General Counsel to coordinate with DSG regarding an implementation of the proposed improvements; including submission of plans, construction management and coordination, division of financial responsibility, etc.; and (3) prior to DSG entering into a contract for construction of the proposed improvements, direct the Executive Director to prepare a "not to exceed" budget for the full cost of the improvements and submit such budget to the Agency Board for final approval. AGENDA ITEM NO. a- PACE-'I-- OF-A3. Joint City Council Study Session January 25, 2011 Page 8 of 9 Executive Director Brady stated, the purpose of this coming before the Redevelopment Agency is to get concurrence from the Board Members on the use of the maintenance funds. Agency Member Magee suggested waiving the plan check and inspection fees as this project would be a plus for the community and to make sure the building is constructed with the same materials that the stadium was constructed with. PUBLIC FINANCING AUTHORITY Chairman Hickman called the meeting to order at 4:33 p.m. ROLL CALL PRESENT: CHAIRMAN HICKMAN VICE-CHAIRMAN TISDALE MEMBER BHUTTA MEMBER MAGEE MEMBER MELENDEZ ABSENT: NONE Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Building & Safety/Code Enforcement Manager Chipman, Director of Lake and Aquatics Kilroy, Police Lieutenant Anne, and Office Specialist Porche. CONSENT CALENDAR (1) Approval of Public Financing Authority Minutes Recommendation: Approve the following minute(s): a) Joint City Council/Redevelopment Agency and Public Financing Authority Meetings - December 14, 2010 b) Public Financing Authority Meeting -December 14, 2010 PUBLIC HEARING(S) (2) Public Hearing - Resolution Approving the Issuance of Lake Elsinore Public Financing Authority Tax Allocation Revenue Bonds (Launch Ramp Project), 2011 Series A, In the Aggregate Principal Amount Not to Exceed $6,000,000: Approving a Bond Purchase Contract, A Project Area No. 1 Loan Agreement, A Continuing Disclosure Agreement and A Preliminary Official Statement: and Authorizing the Taking of Certain Other Actions Related Thereto: (2) Resolution of the City Council of the City of Lake Elsinore, California, Making Findings Pursuant to Health and Safety Code Section 33445.1 Relating to Payment of All or Part of the Costs of the Boat Launch Project (3) Resolution of the ACEN'D 6~EM fM. Joint City Council Study Session January 25, 2011 Page 9 of 9 Redevelopment Agency of The City Council of the City of Lake Elsinore California, Approving the Funding of the Boat Launch Project. Recommendation: It is recommended that the Public Financing Authority adopt PFA Resolution No. 2011-001 authorizing issuance of bonds and authorize bond documents. BUSINESS ITEM(S) There are none. The Public Financing Authority Agency adjourned at 4:36 p.m. The City Council reconvened at 4:36 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 Items 1a through 1e as listed on the agenda. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 4:36 p.m. to closed session at 5:00 pm and the regular meeting at 7:00 p.m. MELISSA MELENDEZ, CHAIRWOMAN REDEVELOPMENT AGENCY ATTEST: ROBERT A. BRADY, EXECUTIVE MANAGER AGENCY SECRETARY CITY OF LAKE ELSINORE ACE d1 C' 9 G Jew MINUTES REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JANUARY 25, 2011 CALL TO ORDER Chairwoman Melendez called the meeting to order at 7:16 p.m. ROLL CALL PRESENT: CHAIRWOMAN MELENDEZ VICE-CHAIRMAN TISDALE MEMBER BHUTTA MEMBER HICKMAN MEMBER MAGEE ABSENT: NONE 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, and Office Specialist Porche. CLOSED SESSION (1 a) Conference with Real Property Negotiator - (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 (1 b) Conference with Legal Counsel - Anticipated Litigation - Initiation of litigation pursuant to subdivision © of Gov't Code Section 54956.9 CLOSED SESSION REPORT Agency Counsel Leibold announced that Items 1a and 1b were discussed during closed session and there is no reportable action. AGENDA Lti"E NO. OF Lake Elsinore Redevelopment Agency January 25, 2011 Page 2 of 5 CONSENT CALENDAR (2) Warrant Lists Dated January 13, 2011 Recommendation: Authorize payment of Warrant Lists dated January 13, 2011. (3) Investment Report - December 2010 Recommendation: Receive and File the Investment Report for December 2010. (4) City Clerk Employment Agreement Recommendation: It is recommended that the City Council (1) adopt Resolution No. 2011-008 approving the City Clerk Employment Agreement and the Agency Board approve the City Clerk Employment Agreement is substantially the form attached and authorized the Mayor and Chairwoman to execute the Agreement subject to any minor modifications as may be approved by the City Attorney/Agency General Counsel and (2) that the Council and Agency Board confirm and appoint the City Manager/Executive Director as Acting City Clerk / Agency General Counsel. It was moved by Agency Member Bhutta and seconded by Agency Member Hickman to approve the Consent Calendar. The motion unanimously carried by the following vote: AYES: Agency Members: Bhutta, Hickman, Magee, Vice-Chair Tisdale and Chairwoman Melendez. Noes: None. PUBLIC HEARING(S) (5) Public Hearing - Resolution Approving the Issuance of Lake Elsinore Public 2011 Series A, In the Aggregate Principal Amount Not to Exceed $6,000,000; Approving a Bond Purchase Contract, A Project Area No. 1 Loan Agreement A Continuing Disclosure Agreement and A Preliminary Official Statement; and Authorizing the Taking of Certain Other Actions Related Thereto: (2) Resolution of the City Council of the City of Lake Elsinore, California, Making Findings Pursuant to Health and Safety Code Section 33445.1 Relating to Payment of All or Part of the Costs of the Boat Launch Project; (3) Resolution of the Redevelopment Agency of The Citv Council of the City of Lake Elsinore, California, Approving the Funding of the Boat Launch Project. Recommendation: It is recommended that the Redevelopment Agency; (1) Adopt Agency Resolution No. 2011-001 authorizing issuance of bonds and authorize bond documents; and (2) adopt Agency Resolution No. 2011-002 authorizing the funding of the Boat Launch Project. ACENDA I I E;M N0- _ i3 0 - ate PACE - Lake Elsinore Redevelopment Agency January 25, 2011 Page 3 of 5 Chairwoman Melendez opened the Public Hearing at 7:16 p.m. Director of Administrative Services Riley provided a reading of the staff report. The Redevelopment Agency, City Council and the Public Finance Authority discussed the project as a whole. Chairwoman Melendez noted that the grant funds were received in 2005 and asked if there was a penalty for pre-paying the bonds. Don Hunt with Fulbright and Jaworoski stated that the bonds could be pre-paid without penalty in five years. Chairwoman Melendez asked for an explanation of the details this project would provide. Director of Lake and Aquatics Kilroy stated that the improvements to the area were based on the recommendations of the Public Safety Advisory Committee's. Agency Member Hickman explained to the public that this is a start to improve the campground. He asked if the construction does not use up the entire amount of the estimated funds, could the remaining funds be used in escrow. City Attorney Leibold stated based on the engineers report, staff does not anticipate there would be any funds remaining. However if there are funds remaining, the funds could be spent on legible improvement, or the funds could be used to pay off the bonds. Agency Member Tisdale asked why it took so long for this project to get underway. Director of Lake and Aquatics Kilroy stated there were public safety concerns and the downturn of the economy. Agency Member Tisdale asked how staff planned on advertising the improvements to the public. Director of Lake and Aquatics Kilroy stated that there would be a grand opening event and posted on the City's Web site. Chairwoman Melendez asked if there were left over funds, could the irrigation system in the area be improved. Director of Lake and Aquatics Kilroy stated that there could be an opportunity to put the extra funds to good use. Agency Member Bhutta stated that she is excited to see this project move forward. It was moved by Agency Member Magee and seconded by Agency Member Hickman to adopt Resolution No. 2011-001, approving the funding of the Boat Launch Project. The motion unanimously carried by the following vote: AYES: Agency Members: Bhutta, Hickman, Magee, Vice-Chair Tisdale and Chairwoman Melendez, Noes: None. It was moved by Agency Member Magee and seconded by Agency Member Hickman to adopt Resolution No. 2011-002, approving the issuance of the Lake Elsinore Public Financing Authority Tax Allocation Revenue Bonds (Launch Ramp Project), 2011 Series A, in The Aggregate Principal amount not to exceed $6,000,000; approving a bond purchase contract, a Project Area No. 1 loan agreement, a continuing disclosure agreement and a preliminary official statement; ACEH; A ffiv4%0 NO. PACE_f~ OF ~ ' Lake Elsinore Redevelopment Agency January 25, 2011 Page 4 of 5 and authorizing the taking of certain other actions related thereto. The motion unanimously carried by the following vote: AYES: Agency Members: Bhutta, Hickman, Magee, Vice-Chair Tisdale and Chairwoman Melendez, Noes: None. BUSINESS ITEM(S) (6) Souvenir Store Expansion at Diamond Stadium Utilizing RDA Capital Repair Funds Recommendation: It is recommended that the Agency (1) consider the Diamond Stadium Group's proposal and provide direction to the Executive Director; and (2) if direction to go forward is provided, further direct the Executive Director and Agency General Counsel to coordinate with DSG regarding an implementation of the proposed improvements, including submission of plans, construction management and coordination, division of financial responsibility, etc.; and (3) prior to DSG entering into a contract for construction of the proposed improvements, direct the Executive Director to prepare a "not to exceed" budget for the full cost of the improvements and submit such budget to the Agency Board for final approval. The motion unanimously carried by the following vote: AYES: Agency Members: Bhutta, Hickman, Magee, Vice-Chair Tisdale and Chairwoman Melendez, Noes: None. Director of Lake and Aquatics Kilroy provided an overview of the project to the Agency. Agency Member Tisdale asked if the funds for this project would be considered reimbursable. Director of Lake and Aquatics Kilroy answered that the funds come from a deposit that the Redevelopment Agency must contribute $300,000.00 every year per the agreement with the Diamond Stadium Group. Agency Member Bhutta asked if the Agency has made the contribution for the $300,000.00 for this year. Director of Lake and Aquatics Kilroy answered yes. It was moved by Agency Member Hickman and seconded by Agency Member Magee to consider the Diamond Stadium Group's proposal and provide the direction to the Executive Director; to further direct the Executive Director and Agency General Counsel to coordinate with DSG regarding an implementation of the proposed improvements, including submission of plans, construction management and coordination, division of financial responsibility, etc; and prior to DSG entering into a contract for construction of the proposed improvements, direct the Executive Director to prepare a "Not to Exceed" budget for the full cost of the improvements and submit such budget to the Agency Board for final approval. Chairwoman Melendez requested Mr. Oster to explain the funding process to the public. Mr. Oster stated that he has been working with the Executive Director and ACHEENIDA NO. 15 OF a . PACE . Lake Elsinore Redevelopment Agency January 25, 2011 Page 5 of 5 Mr. Kilroy on that subject by making sure that there are enough funds in case a repair should be necessary. He stated under the agreement, no funds have been used and feels confident that there are no major issues. PUBLIC COMMENTS - NOWAGENDIZED ITEMS -1 MINUTE There were none. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES There were none. EXECUTIVE DIRECTOR COMMENTS There were none. LEGAL COUNSEL COMMENTS There were none. BOARD MEMBER COMMENTS There were none. ADJOURNMENT There being no further business to come before the Agency Board, the meeting adjourned at 8:51 p.m. to a regular meeting to be held on Tuesday, February 8, 2011, at 7:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. MELISSA MELENDEZ, CHAIRWOMAN REDEVELOPMENT AGENCY ATTEST: ROBERT A. BRADY, EXECUTIVE DIRECTOR AGENCY SECRETARY LAKE ELSINORE REDEVELOPMENT AGENCY ACF,m DP° l7011 NO. E PA,2 & or a'L MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 8, 2011 CALL TO ORDER Mayor Bhutta called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: MAYOR BHUTTA MAYOR PRO TEM MAGEE COUNCIL MEMBER HICKMAN COUNCIL MEMBER MELENDEZ (arrived at 4:14 p.m.) COUNCIL MEMBER TISDALE ABSENT: NONE Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Building & Safety/Code Enforcement Manager Chipman, Director of Lake and Aquatics Kilroy, Police Lieutenant Anne, City Clerk Bloom and Office Specialist Porche. 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 -EXISTING LITGATION (Subdivision (a) of Gov't Code § 54956.9) In Re the Darwin Rogers Booster Trust Dated 7/27/2005 (Riverside Superior Court Case No. RIP 095875) (1c) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 3 potential cases Section 54956.9: 2 potential cases AGENDA B o E M NO. p63CF /7 0F--1L-'- Joint City Council Study Session February 8, 2011 Page 2 of 7 PRESENTATIONS/CEREMONIALS • Pioneer Lumber • Matt Norkin • Tom Jessup of the Mountainview Small Animal Hospital Mayor Bhutta confirmed with City Manager Brady that all certificate recipients would be present during the 7:00 p.m. meeting. PUBLIC COMMENTS - NOWAGENDIZED ITEMS -1 MINUTE There were no comments. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended that the City Council approve the following minutes: a) Special City Council Meeting - January 11, 2011 b) Joint Study Session Meeting - January 11, 2011 C) Regular City Council Meeting - January 11, 2011 (3) Warrant Lists Dated January 31, 2011 Recommendation: Authorize payment of Warrant Lists dated January 31, 2011. Council Member Hickman asked about the following warrants and staff provided the following responses: • Check No. 105091 payable to American Society Composers, Authors in the amount of $309.00 was for the copy rights for the music at city events. • Check No. 105126 payable to Game Time in the amount of $103,837.63 was for play equipment used at a city park. Council Member Hickman asked if the older equipment could be recycled. Director of Lake and Aquatics Kilroy stated it is next in line. • Check No. 105141 payable to Langston Motorsports in the amount of $2,287.05 was for the maintenance of the police motors. Council Member Tisdale asked about the following warrants and staff provided the following responses: AGENDA 11704 NO- tn~' OF Joint City Council Study Session February 8, 2011 Page 3 of 7 • Check No. 105159 payable to Riverside County Office of the District Attorney in the amount of $6,499.00 was for the countywide gang task force. Mayor Bhutta asked about the following warrants and staff provided the following responses: • Check No. 95120 payable to Canon Financial Services, Inc. in the amount of $582.02. Mayor Bhutta noted the late fees that were assessed and requested staff to try to pay invoices in a timely manner to avoid late fees. (4) Third Amendment to Parks Landscape Maintenance Service Contract Recommendation: It is recommended the City Council to authorize the City Manager to make modifications to the Scope of Services and execute the "Third Amendment to Services Contract", subject to minor modifications to the contract approved by the City Attorney. Mayor Pro Tern Magee noted that the Rosetta Canyon Community Park has been well maintained by City Staff and hopes that CTAI will continue with the high level of maintenance along with the respect of the citizens using the park facilities. (5) Street Closures and Disbursement for the "Unity In The Community Parade". Recommendation: It is recommended that the City Council approve temporary street closures for the Unity Parade on February 26th and disbursement in the amount of $3,326.00. (6) Agreement for Professional Services to DMC Design Group For the Sumner and Heald Avenue Overlay Project No. 4349 Recommendation: It is recommended that the City Council: (1) Award the Design for the Sumner and Heald Avenue Overlay Improvement to DMC Design Group in the Not-to-Exceed fee of $117,648; and (2) Authorize the City Manager to execute the contract with DMC Design Group. Mayor Bhutta asked when the job would commence and the expected completion date. Director of Public Work Seumalo answered the job should start after June 21St and the job could take a couple of months to complete. (7) Agreement For Design Survey Service to CNC Engineering For the Riverside Drive Sidewalk Improvements Project Number 4356 Recommendation: It is recommended that the City Council: (1) Award the Design Survey for the Riverside Drive Sidewalk Improvements to CNC Engineering in the Not-to-Exceed amount of $23,510; and (2) Authorize the City Manager to execute the contract with CNC Engineering. ,7 ;k Joint City Council Study Session February 8, 2011 Page 4 of 7 PUBLIC HEARING(S) (8) Public Hearing - A Resolution Declaring Weeds Rubbish, Refuse and Dirt a Nuisance. Recommendation: It is recommended that the City Council adopt a Resolution and direct staff to begin the abatement process for this year. Council Member Hickman suggested sending a letter to the property owners advising them how much it would cost them to have city staff clean up their property. Council Member Tisdale questioned the enforcement issue. Director of Public Works Seumalo answered that staff would be sending out a letter to the property owners who own vacant property. The letter would serve as a Notice of Intent. He stated should it become necessary for city staff to clean up the property, the charges would be applied to their taxes. Mayor Pro Tern Magee noted that over the past twenty years staff has done a better job of inspecting the property before and after. Council Member Tisdale pointed out that the city has lost staff members and asked if there were enough staff members to complete this task. Director of Public Works Seumalo stated that the weed abatement staff is a crew of three and can accomplish the job. Council Member Hickman asked if Code Enforcement participated in the abatement process. Director of Public Works Seumalo stated that Code Enforcement would notify the weed abatement crew if any property was a public nuisance. (9) Public Hearing - A Resolution to Vacate a Portion of Riley Street Recommendation: It is recommended that the City Council adopt a Resolution Vacating Road Right-of-Way of a Portion of Riley Street and Reserving an Easement for Existing Utilities. (10) Public Hearing - Second Amendment to Disposition and Development Agreement with Pottery Court Housing Associates L.P. Recommendation: It is recommended that the City Council adopt and approve a Resolution approving the Sale of Real Property by the Redevelopment Agency of the City of Lake Elsinore pursuant to that certain Disposition and Development Agreement by and between the Redevelopment Agency of the City of Lake Elsinore and Pottery Court Housing Associates, L.P. as amended pursuant to the First Amendment and Second Amendment thereto. Ron Hewison, representing HOPE spoke in favor of the project and how HOPE continues to support the families in need of low income housing. AGENDA 1170A NO. 0 PAC-F CFA Joint City Council Study Session February 8, 2011 Page 5 of 7 Allen Baldwin, resident and City Treasure for Lake Elsinore spoke highly of Bridge Housing and how they would accomplish so much for the City's Downtown area and would help promote more business. Council Member Hickman asked if there was a way to make the proposed Lakeview Apartments which would be located on Riverside Drive, low income rentals. City Attorney Leibold answered that the majority of the housing has already been targeted at the low income and very low income levels. APPEAL(S) There are none BUSINESS ITEM(S) (11) Scope of Services for Design Engineering Of Sewer Lift Station Recommendation: It is recommended the City Council approve the Scope of Services and authorize the City Manager to execute a professional services agreement with RBF Consulting in an amount Not-to-Exceed $59,200 in a form approved by the City Attorney. (12) Lake Elsinore Marine Enforcement Program Recommendation: It is recommended that the City Council support the Sheriff's proposal to reduce the hourly cost of lake patrol from $128.07 to $70.10. (13) A Resolution of the City Council of the City of Lake Elsinore in Opposition to the Governor's Proposal to Abolish Redevelopment Agencies in California Recommendation: It is recommended that the City Council adopt the Resolution opposing the Governor's proposal to abolish redevelopment agencies in California. The City Council recessed and convened to the Redevelopment Agency at 4:27 p.m. REDEVELOPMENT AGENCY Chairwoman Melendez called the meeting to order at 4:27 p.m. A0E%1DA ITEM NO. °Z PACE O( OF ° Joint City Council Study Session February 8, 2011 Page 6 of 7 ROLL CALL PRESENT: CHAIRWOMAN MELENDEZ VICE-CHAIRMAN TISDALE MEMBER BHUTTA MEMBER MAGEE MEMBER MELENDEZ ABSENT: NONE Also present: Executive Manager Brady, Agency Counsel Leibold, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Building & Safety/Code Enforcement Manager Chipman, Director of Lake and Aquatics Kilroy, Police Lieutenant Anne, Agency Secretary Bloom and Office Specialist Porche. CLOSED SESSION Agency Counsel Leibold announced the Agency Board would recess to Closed Session at 5:00 p.m. to discuss the following items: (1 a) Conference with Legal Counsel - Anticipated Litigation - Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9 CONSENT CALENDAR (3) Approval of Minutes Recommendation: It is recommended the Redevelopment Agency approve the following minutes: a) Joint Study Session Meeting - January 11, 2011 b) Regular Redevelopment Agency Meeting - January 11, 2011 (4) Warrant Lists Dated January 31, 2011 Recommendation: Authorize payment of Warrant Lists dated January 31, 2011. PUBLIC HEARING(S) (5) Public Hearing - Second Amendment to Disposition and Development Agreement with Pottery Court Housing Associates, L.P. ACEND'A F6 Eli EZ PACE ~a_._. CF Joint City Council Study Session February 8, 2011 Page 7 of 7 Recommendation: It is recommended that the Redevelopment Agency adopt a Resolution Approving that Certain Second Amendment to the Disposition and Development Agreement by and between the Redevelopment Agency of the City of Lake Elsinore and Pottery Court Housing Associates, L.P. BUSINESS ITEM(S) (6) A Resolution of the Redevelopment Agency of the City of Lake Elsinore in Opposition to the Governor's Proposal to Abolish Redevelopment Agencies in California Recommendation: It is recommended that the Agency adopt the Resolution opposing the Governor's proposal to abolish redevelopment agencies in California. CLOSED SESSION REPORT Agency Counsel Leibold announced that the Redevelopment Agency would adjourn to Closed Session at 5:00 p.m and the Agency Members would discuss six cases under the Closed Session as listed on the agenda. The Redevelopment Agency adjourned at 4:29 p.m. The City Council reconvened at 4:29 p.m. ADJOURNMENT There being no further business to come before the City Council, the study session 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, CHAIRWOMAN CITY OF LAKE ELSINORE ATTEST: VIRGINIA J. BLOOM, CMC, AGENCY SECRETARY CITY OF LAKE ELSINORE AGENDA I u E.,Nl NO. 0- PA G222- NSF