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Home My WebLink About03-08-2011 SS (2)MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 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 Tern 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, City Clerk Bloom and Office Specialist Porche. CITY COUNCIL CLOSED SESSION (1a) Conference with Labor Negotiator (Gov't Code § 54957.6) City Manager: City Manager Robert Brady Employee organization: Lake Elsinore Chapter of Laborer's International Union of North America, Local 777 (1 b) Conference with Legal Counsel-Existing Litigation (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 095857) (1c) Conference with Legal Counsel-Anticipate Litigation Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: 1 potential case Joint City Council/RDA Study Session March 8, 2011 Page 2 of 8 PRESENTATIONS / CEREMONIALS • Proclamation declaring March 19, 2011 as Arbor Day • Certificate of Recognition to the Lake Elsinore Little League • Certificate of Recognition to Chris Hyland • Certificate of Recognition to Joyce Hohenadl 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 February 8, 2011. (3) Warrant List Dated February 28, 2011 Recommendation: Authorize payment of Warrant List dated February 28, 2011. Mayor Bhutta asked staff why there is such a large amount of refunds noted on the Warrant List. Director of Administrative Services Riley answered that every year the City returns fundable deposits to developers. Council Member Melendez asked about the warrants. She asked of the locations within the City where emergency pothole were repaired. Director of Public Works Seumalo answered the repairs were citywide. Council Member Hickman asked about the following warrants and staff provided the following responses: • Check number 105367-105368 to Employment Development Department in the amount of $45,070.00 was reimbursement for the laid-off employees. Joint City Council/RDA Study Session March 8, 2011 Page 3 of 8 Mayor Bhutta asked about the following warrants and staff provided the following responses. • Check number 105329 payable to A-Check America Inc. in the amount of $423.50 was for a background check conducted on a new hire and certain volunteer positions. • Check number 105475 payable to X-Factor Marine & Speed in the amount of $520.00 was to repair a boat radio. (4) Amendment to City Manager/Executive Director's Employment Agreement Recommendation: It is recommended the City Council and the Agency Board approve the Fifth Amendment to Employment Agreement and authorize the Mayor and Chairwoman to execute the same. (5) Purchase Construction Material for Boat Launch Facility Improvement Proiect Recommendation: It is recommended that the City Council approve the following: a) Award the purchase order to P.T.I. Sand & Gravel, Inc. for an amount not-to-exceed $216,968.70 for the purchase of Rip-Rap. b) Award the purchase order to Oldcastle Precast, Inc. for an amount not-to-exceed $354,894.60 for the purchase of Precast concrete components. c) Award the purchase order to Fiber-Docks for an amount not-to-exceed $356,223.67 for the purchase of the floating docks. d) Authorize staff to process the purchase order to P.T.I. Sand & Gravel, Inc., Oldcastle Precast Inc., and Fiber-Docks for boat launch facility improvements. Council Member Melendez stated this would be funded through the Redevelopment Agency and asked staff how soon this would take place. Director of Public Works Seumalo responded that the purchase would take place immediately. (6) Adoption of Resolution No. 2011-118 Establishing Fines and Penalties for Parking Violations Recommendation: It is recommended the City Council adopt RESOLUTION NO. 2011-118 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING FINES AND PENALTIES FOR PARKING VIOLATIONS. Council Member Hickman asked staff what the increase would be for street sweeping fines. Building Official Chipman stated the increase would be $3.00. Joint City Council/RDA Study Session March 8, 2011 Page 4 of 8 PUBLIC HEARING(S) (7) Community Facilities District No 2006-1 (Summerly): Dissolving Existing Improvement Areas Designating New Improvement Areas and Reducing Maximum Bond Authorization Recommendation: It is recommended that the City Council: a. Open the Public Hearing and take testimony. b. Waiver further reading and adopt RESOLUTION NO. 2011-119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) AND APPROVING THE FIRST AMENDMENT TO FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT. C. Waive further reading and adopt RESOLUTION NO. 2011-120 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE 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. 2006-1 (SUMMERLY) AND CALLING A SPECIAL ELECTION. d. Conduct the Special Election. e. Waive further reading and adopt RESOLUTION 2011-121 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY). f. Waive further reading and introduce Ordinance No. 2011-1289 by title only an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX within the City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly). Council Member Hickman noted the Special Tax Rates are reduced and stated that this decrease should help increase sales. (8) Vesting Tentative Tract Map No. 36117: A Request to Subdivide Approximately 89 Acres of Land into 10 Parcels (2 Multiple Family Residential Lots) within the Canyon Hills Specific Plan Joint City Council/RDA Study Session March 8, 2011 Page 5 of 8 Recommendation: It is recommended that the City Council adopt RESOLUTION NO. 2011-122 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); and, adopt RESOLUTION NO. 2011-123 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 36117. Council Member Hickman asked how many residential units would be built. Planning Consultant Coury answered a maximum of 900 between Tract Maps 36117 and 36118. (9) Vesting Tentative Tract Map No. 36118: A Request to Subdivide Approximately 77 Acres of Land into 13 Total Parcels (3 Multiple Family Residential Lots, 1 Commercial 1 Park 3 Street 4 Landscape and 1 Riparian) within the Canyon Hills Specific Plan Recommendation: It is recommended that the City Council adopt RESOLUTION NO. 2011-124 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); and adopt RESOLUTION NO. 2011-125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 36118. Mayor Pro Tem Magee asked if there would be commercial development in planning areas 2a or 2b. Planning Consultant Coury replied that commercial would be in area 2b. APPEAL(S) No appeals scheduled. BUSINESS ITEM(S) (10) Animal Licensing Incentive Program Recommendation: It is recommended that the City Council approve the City offering a temporary discount coupon for new animal licensing based on the following criteria: $5 off the 1-Year Altered Dog License Fee of $20 $2 off the 1-Year Altered Cat License Fee of $8 Temporary waiver from $20 Late Fee for Animal Licensing Coupon expiration - Date specific with maximum 60-day redemption Joint City Council/RDA Study Session March 8, 2011 Page 6 of 8 Council Member Melendez asked staff if they knew how many animals at the facility were licensed. Director of Lake and Aquatics Kilroy stated that the figure is unknown. (11) Report on the Mid-Year Status of the Fiscal Year 2010-11 Budget Recommendation: It is recommended the City Council approve the mid-year budget recommendations and the allocations to the Supplemental Revenue Fund of $433,790, General Fund project fund of $185,000 and $271,207 to Unallocated Revenue. Council Member Tisdale pointed out that the 2010-2011 Budget is looking much better. He requested clarification on the additional services for the Animal Shelter. Director of Administrative Services Riley answered that the budget is being increased to include payment for the building bonds, the field service costs and the sheltering services. Council Member Tisdale asked for an explanation for the increase of unemployment payments. Director of Administrative Services Riley stated staff increased the budget by $70,000 due to the lay-offs the City underwent in 2009 and 2010. The City Council recessed and convened to the Redevelopment Agency at 4:15 p.m REDEVELOPMENT AGENCY Chairwoman Melendez called the meeting to order at 4:15 p.m ROLL CALL PRESENT: Chairwoman Melendez Vice-Chair Tisdale Member Bhutta Member Magee Member Hickman 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: Joint City Council/RDA Study Session March 8, 2011 Page 7 of 8 (1) Conference with Legal Counsel-Litigation Initiation of litigation pursuant to subdivision (c) of Gov't Code § 54956.9. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the Redevelopment Agency approve the following minutes: a) Regular Redevelopment Agency Meeting - February 8, 2011 (3) Warrant Lists dated February 28, 2011 Recommendation: Authorized payment of Warrant Lists dated February 28, 2011. Agency Member Magee asked about the following warrants and staff provided the following responses: • Warrant No. 6084 payable to El Diego's Video in the amount of $9,274.00 was for the relocation costs. (4) Amendment to City Manager/Executive Director's Employment Agreement Recommendation: It is recommended the City Council and the Agency Board approve the Fifth Amendment to Employment Agreement and authorize the Mayor and Chairwoman to execute the same. PUBLIC HEARING (S) There are none scheduled. BUSINESS ITEM(S) (5) Assignment and Assumption of Disposition and Development Agreement and and Among the Redevelopment Agency of the City of Lake Elsinore, McMillin Summerly LLC and Civic Partners Elsinore LLC Recommendation: It is recommended that the Agency Board take the following actions: Joint City Council/RDA Study Session March 8, 2011 Page 8 of 8 1. Approve the transfer of the Developer Property to McMillin and assignment and assumption by McMillin of all of the Developer's rights and obligations under that certain Disposition and Development Agreement entered into as of December 26, 2002, by and among the Redevelopment Agency of the City of Lake Elsinore, Laing-CP Lake Elsinore, LLC and Civic Partners Elsinore LLC pursuant to Section 205 thereof; and 2. Approve RESOLUTION NO. 2011-005 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THAT CERTAIN AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, MCMILLIN SUMMERLY LLC AND CIVIC PARTNERS-ELSINORE LLC. The City Council reconvened at 4:16 p.m. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council would adjourn to Closed Session at 5:00 p.m to discuss Closed Session Items 1a through 1c as listed on the agenda. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 4:18 p.m. to closed session at 5:00 p.m. and the Regular meeting at 7:00 p.m. S Melissa Melendez, Chairwoman Redevelopment Agency Virginia J.`Bjoom,Ag~ncy Secretary Redevelopment Agency