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Home My WebLink About01-25-2011 RDAMINUTES 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 (1 a) 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 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 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. Joint City Council Study Session January 25, 2011 Page 3 of 9 Check No. 105005 to Kasey K. Hendley 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 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 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, Approvinq 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 Tem 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 Tem 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 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 Tern 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 Tern 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 ITEMS) (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. 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 (1 b) Conference with Legal Counsel — Anticipated Litigation — Initiation of 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 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 Protect) 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 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 ITEMS) (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. 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 Services Riley, Public Works Director /City Enginee r Enforcement Manager Chipman, Director of Lake an Anne, and Office Specialist Porche. CONSENT CALENDAR Leibold, Director of Administrative Seumalo, Building & Safety /Code d Aquatics Kilroy, Police Lieutenant (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 Protect) 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 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 ITEMS) 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: R ERT A. BRADY XECUTIVE MANAGER A ENCY SECRET Y CITY OF LAKE ELSINORE