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HomeMy WebLinkAboutCity Council Item No. 1CITY QF E ` , LS A 0 E I?ItEAM EXTtLEME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JUNE 14, 2011 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council minutes are submitted for approval: a. Joint Study Session Minutes of May 24, 2011 b. Regular City Council Minutes of May 24, 2011 C. Special Study Session Minutes of May 26, 2011 Recommendation Approve the Minutes as submitted. Prepared by: Dana C. Porche Office Specialist Approved by: Virginia J. Bloom, CMC City Clerk Approved by: Robert A. Brady City Manager AGENDA ITEM NO. 1 Page 1 of 35 Page 2 of 35 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY AND PUBLIC FINANCING AUTHORITY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 24, 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 Tisdale ABSENT: Council Member Melendez Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Director of Lake, Parks and Recreation Kilroy, Building & Safety/Code Enforcement Manager Chipman, Public Works Superintendent DeSantiago and City Clerk Bloom. CITY COUNCIL CLOSED SESSION (1a) 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 (1b) 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 Certificate of Recognition to Rebecca Lantz Certificate of Recognition of Peer Counseling Program at Elsinore High School Business of the Quarter, Parmjit Randhawa, Owner Page 3 of 35 Joint City Council/RDA/PFA Study Session May 24, 2011 Page 2 of 12 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 minutes of: a) Joint Study Session of April 26, 2011 b) Regular City Council Meeting of April 26, 2011 c) Regular City Council Meeting of May 10, 2011 (3) Warrant List Dated May 12, 2011 Recommendation: Authorize payment of Warrant List dated May 12, 2011. Council Member Hickman asked about the following warrants and staff provided the following responses: • Warrant No. 106036 to Cambern & Central Investors, LLC in the amount of $229,981.50 was for the sales tax agreement with Costco. • Warrant No. 106065 to Impact Promotional Products in the amount of $4,502.58 was for the purchase of shirts for the Unity in the Community Race. • Warrant No. 106070 to Kathy Loper Events in the amount of $2,119.90 was for the Unity in the Community Race. • Warrant No. 106084 to Pax Auto Glass in the amount of $139.00 was for replacement of a windshield to a city-owned vehicle. • Warrant No. 106122 to Urban Crossroads, Inc. in the amount of $3,135.00 was for the noise study for the Pacific Aggregates. Council Member Tisdale asked about the following warrants and staff provided the following responses: • Warrant No. 106076-106077 to Lowe's Home Centers, Inc. was for the purchase of two emergency generators which was paid by a grant from Emergency Management Performance Grant (EMPG). Page 4 of 35 Joint City Council/RDA/PFA Study Session May 24, 2011 Page 3 of 12 Mayor Bhutta asked about the following warrants and staff provided the following responses: • Warrant No. 106029 to Bank of America in the amount of $430.00 was for the purchase of citation paper for the Police Department. • Warrant No. 106073 to Langston Motorsports in the amount of $1,424.55 was for the repair of a police motorcycle. (4) Investment Report for April 2011 Recommendation: It is recommended the City Council receive and file. (5) Waive Special Event Fees for "Bark for Life" Event by the American Cancer Society Recommendation: It is recommended that the City Council consider the request to waive LEMC Sections 5.108.030 (Application fee) and 5.108.090 K. (Security Deposit) for the "Bark for Life" Special Event at McVicker Canyon Park. Mayor Bhutta requested Director of Lake, Parks and Recreation to provide a brief summary of this project. Director Kilroy stated that the American Cancer Society conducts relays for life in various cities. He stated this event would be held at McVicker Park within the dog-play area. (6) Resolution of the City Council of the City of Lake Elsinore, California, Requesting a Grant for the Operation and Maintenance of the Floating Restrooms from the Department of Boating and Waterways at Lake Elsinore Recommendation: It is recommended that the City Council approve Resolution No. 2011-034 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING A GRANT FOR THE OPERATION AND MAINTENANCE OF THE FLOATING RESTROOMS FROM THE DEPARTMENT OF BOATING AND WATERWAYS AT LAKE ELSINORE, accepting the grant and authorizing the City Manager to execute the grant agreement. Mayor Pro Tern Magee gave thanks to city employee Mary Santa Cruz for finding a grant which would be used to maintain the floating restrooms on the lake. Page 5 of 35 Joint City Council/RDA/PFA Study Session May 24, 2011 Page 4 of 12 (7) Notice of Cessation of Special Tax for Certain Properties within CFD No. 2006-1 (Summerly) Recommendation: It is recommended that the City Council direct the City Clerk to execute the Notice of Cessation of Special Tax Lien and submit the executed document to the Riverside County Recorder's Office for recordation. (8) Guide Landscaping and Street Lighting Maintenance District and the Landscaping and Street Lighting Maintenance District No. 1 for the Fiscal Year 2011-12 - Approval of Engineer's Reports and Resolutions of Intention Recommendation: It is recommended that the City Council: (a) Waive further reading and adopt Resolution No. 2011-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE PREPARATION OF THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2011-12 IN A DISTRICT WITHIN SAID CITY ordering the preparation of an Engineer's Report for the Citywide LLMD; (b) Waive further reading and adopt Resolution No. 2011-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2011-12 IN A DISTRICT WITHIN SAID CITY approving the Engineer's Report for the Citywide LLMD (c) Waive further reading and adopt Resolution No. 2011-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING THEREON declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the Citywide LLMD and setting a public hearing for July 12, 2011 (d) Waive further reading and adopt Resolution No. 2011-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE PREPARATION OF THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2011-12 IN A DISTRICT WITHIN SAID CITY ordering the preparation of an Engineer's Report for the LLMD No. 1 (e) Waive further reading and adopt Resolution No. 2011-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR Page 6 of 35 Joint City Council/RDA/PFA Study Session May 24, 2011 Page 5 of 12 2011-12 IN A DISTRICT WITHIN SAID CITY approving the Engineer's Report for the LLMD No. 1 (f) Waive further reading and adopt Resolution No. 2011-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING THEREON declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the LLMD No. 1 and setting a public hearing for July 12, 2011. Council Member Hickman asked for clarification on the location. Dennis Anderson with Francisco and Associates stated the area is within Tuscany Hills. (9) Planning Division Professional Services Agreement Recommendation: It is recommended that the City Council authorize the City Manager to enter into a Professional Services Agreement for a term through December 31, 2011 in a form substantially similar to the current interim basis form attached hereto, subject to any minor modifications as may be approved by the City Attorney. City Manager Brady introduced Richard MacHott who is the Planning Division's Contract Planner. He stated Mr. MacHott is working on the environmental portion of the General Plan Amendment. Mayor Pro Tern Magee stated that Mr. MacHott served Riverside County and Web & Associates and comes highly recommended. (10) CR&R Annual Consumer Price Index Increase Recommendation: It is recommended that the City Council receive and file this document because the proposed rate increase falls within the allowable amount of the approved contract. Council Member Hickman noted that the staff report indicates that senior citizens would get a 10% rate reduction. He asked how CR&R would verify that the customer is a senior citizen? David Fairing representing CR&R stated to receive the discount the customer would need to apply. Page 7 of 35 Joint City Council/RDA/PFA Study Session May 24, 2011 Page 6 of 12 (11) Environmental Services for Boat Launch Facility Improvement Project No. 4237 Recommendation: It is recommended that the City Council (A) Award the Environmental Services to HDR Engineering, Inc. for an amount not to exceed fee of $78,000; and (B) Authorize the City Manager to execute the contract with HDR Engineering, Inc. (12) Riverside County Transportation Commission Agreement for 1-15/Railroad Canyon Road Interchange Improvement Protect, Amendment No. 1 Recommendation: It is recommended that the City Council authorize the Mayor to execute Amendment No. 1 to the Agreement for the Funding of TUMF Regional Arterial Improvements (Agreement No. 10-72-016-00) which allows RCTC to assume the Professional Service Agreement with SC Engineering and allocates an additional $206,000 of TUMF funding towards the completion of the PA & ED phase of the project. Mayor Pro Tem Magee thanked the Council for allowing this Agreement to go forward. He stated that in February RCTC began working with the consultant to move the project forward. PUBLIC HEARING(S) (13) Public Hearing on Resolution Determining the Validity of Prior Proceedings Relating to Annexation of Property into City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services); Call a Special Election; Canvas Election Results; Authorizing Levy of Special Taxes for CFD 2007-1 Annexation Area No. 2 (Pottery Court) Recommendation: It is recommended that the City Council: (a) Open the Public Hearing and take testimony (b) Waive further reading and adopt Resolution No. 2011-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) determining the validity of prior proceedings relating to Annexation of property into the City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) (c) Waive further reading and adopt Resolution No. 2011-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A Page 8 of 35 Joint City Council/RDA/PFA Study Session May 24, 2011 Page 7 of 12 SPECIAL ELECTION acting on behalf of the City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) calling a special election (d) Direct the City Clerk to conduct the election and announce the results. (e) Waive further reading and adopt Resolution No. 2011-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO. 2 (RED KITE) ANNEXED TO SAID DISTRICT acting on behalf of the City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) canvassing of the results of the election held within Annexation Area No. 2 (Pottery Court) annexed to said district. (f) Waive further reading and introduce Ordinance No. 2011-1290 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 2 (POTTERY COURT) ANNEXED TO SAID DISTRICT acting as the legislative body of the City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) authorizing the levy of special tax within Annexation Area No. 2 (Pottery Court) annexed to said district. Council Member Hickman asked who pays for the special taxes and asked if it is applied to the homeowner's mortgage? City Attorney Leibold stated that it is part of the homeowners operating cost which was calculated into the project. (14) (A) Public Hearing - Elsinore Public Financing Authority Local Agency Revenue Bonds (Summerly Project) 2011 Series A: and (B) A Resolution of the Board of Directors of the Lake Elsinore Public Financing Authority Approving the Issuance of Lake Elsinore Public Financing Authority Local Agency Revenue Bonds (Summerly Project) 2011 Series A in the Conditions, Approving an Official Statement, Approving the Execution of a Purchase Contract and a Continuing Disclosure Agreement, and Taking other Actions Related thereto Recommendation: It is recommended that the City Council: Page 9 of 35 Joint City Council/RDA/PFA Study Session May 24, 2011 Page 8 of 12 (a) Open a joint public hearing with the Lake Elsinore Public Finance Authority and take testimony (b) Waive further reading and adopt Resolution No. 2011-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING CERTAIN FINDINGS IN CONNECTION WITH THE ISSUANCE OF LAKE ELSINORE PUBLIC FINANCING AUTHORITY LOCAL AGENCY REVENUE BONDS (SUMMERLY PROJECT) 2011 SERIES A in the Aggregate Principal Amount not to exceed $6,000,000. Recommendation: It is recommended that the Board of Directors of the Public Finance Authority: (a) Open a joint public hearing with the City of Lake Elsinore and take testimony (b) Waive further reading and adopt PFA Resolution No. 2011-002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY APPROVING THE ISSUANCE OF LAKE ELSINORE PUBLIC FINANCE AUTHORITY LOCAL AGENCY REVENUE BONDS (SUMMERLY PROJECT) 2011 SERIES A IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $6,000,000 PURSUANT TO AN IDENTURE OF TRUST, AUTHORIZING THE SALE OF SUCH BONDS UPON CERTAIN TERMS AND CONDITIONS, APPROVING AN OFFICIAL STATEMENT, APPROVING THE EXECUTION OF A PURCHASE CONTRACT AND A CONTINUING DISCLOSURE AGREEMENT, AND TAKING OTHER ACTIONS RELATED THERETO APPEAL(S) No appeals scheduled. BUSINESS ITEM(S) (15) Cooperative Agreement with Riverside County Flood Control and Water Conservation District, City of Lake Elsinore and Castle and Cooke Alberhill Ranch, LLC. Recommendation: It is recommended that the City Council authorize the Mayor to execute the Cooperative Agreement for the construction and maintenance of the Temescal Creek-Nichols Road Drainage Facilities with Riverside County Flood Control and Water Conservation District and Castle & Cooke Alberhill Ranch, LLC. Page 10 of 35 Joint City Council/RDA/PFA Study Session May 24, 2011 Page 9 of 12 (16) SC Engineering Invoice for 1-15/Railroad Canyon Road Interchange Improvement Recommendation: It is recommended that the City Council approve payment of SC Engineering invoice in the amount of $177,976.86. (17) Fiscal Year 2010-11 Third Quarter Budget Report Recommendation: It is recommended that the City Council receive and file report. The City Council recessed and convened to the Redevelopment Agency at 4:32 p.m. REDEVELOPMENT AGENCY Chairwoman Melendez called the meeting to order at 4:19 p.m. ROLL CALL PRESENT: Vice-Chair Tisdale Member Bhutta Member Hickman Member Magee ABSENT: Chairwoman Melendez 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, Building & Safety/Code Enforcement Manager Chipman/ Public Works Superintendent DeSantiago, and Agency Secretary Bloom. CLOSED SESSION No closed session items scheduled. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE There were none. PUBLIC COMMENTS- AGENDIZED ITEMS - 3 MINUTES There were none. Page 11 of 35 Joint City Council/RDA/PFA Study Session May 24, 2011 Page 10 of 12 CONSENT CALENDAR (1) Approval of Minutes Recommendation: It is recommended the Redevelopment Agency approve the following minutes: a) Joint Study Session Meeting of April 26, 2011 b) Regular Redevelopment Agency Meeting of April 26, 2011 c) Regular Redevelopment Agency Meeting of May 10, 2011 (2) Warrant Lists Dated May 12, 2011 Recommendation: Authorize payment of Warrant Lists dated May 12, 2011. Vice Chairman Tisdale asked about the following warrants and staff provided the following responses: • Warrant No. 6089 payable to Riverside County Auditor Controller in the amount of $1,436,411 was the city's payment for the Supplemental Education Revenue Augmentation Fund. (3) Investment Report for April 2011 Recommendation: It is recommended that the Agency receive and file. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEM(S) None. PUBLIC FINANCING AUTHORITY Chairman Hickman called the meeting to order at 4:21 p.m. ROLL CALL PRESENT: Chairman Hickman Vice-Chairman Tisdale Member Bhutta Member Magee ABSENT: Member Melendez Page 12 of 35 Joint City Council/RDA/PFA Study Session May 24, 2011 Page 11 of 12 Also present: Executive Director Brady, Authority Counsel Leibold, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Building & Safety/Code Enforcement Manager Chipman, Director of Lake, Parks and Recreation Kilroy, Police Lieutenant Anne, Building & Safety/Code Enforcement Manager Chipman, Public Works Superintendent DeSantiago, and Authority Secretary Bloom. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE There were none. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES There were none. CONSENT CALENDAR (1) Approval of Public Financing Authority Minutes Recommendation: Approve the following minute(s): a) Joint Study Session City Council/Redevelopment Agency and Public Financing Authority Meeting of February 22, 2011 b) Public Financing Authority Meeting of February 22, 2011 PUBLIC HEARING(S) (2) A Resolution of the Board of Directors of the Lake Elsinore Public Financing Authority Approving the Issuance of Lake Elsinore Public Financing Authority Local Agency Revenue Bonds (Summerly Project) 2011 Series A in the Conditions, Approving an Official Statement, Approving the Execution of a Purchase Contract and a Continuing Disclosure Agreement, and Taking Other Actions Related Thereto Recommendation: It is recommended that the Board of Directors of the Public Finance Authority: a) Open a joint public hearing with the City of Lake Elsinore and take testimony b) Waive further reading and adopt PFA Resolution No. 2011-002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY Approving the Issuance of Lake Elsinore Public Financing Authority Local Agency Revenue Bonds (Summerly Project) 2011 Series A in the Aggregate Principal Amount not to Exceed $6,000,000 Page 13 of 35 Joint City Council/RDA/PFA Study Session May 24, 2011 Page 12 of 12 BUSINESS ITEMS) No business items scheduled. The City Council reconvened at 4:22 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 Items 1 and 2. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 4:22 p.m. to Closed Session at 5:00 p.m. and the Regular meeting at 7:00 p.m. Amy Bhutta, Mayor City of Lake Elsinore ATTEST: Virginia J. Bloom, City Clerk City of Lake Elsinore Page 14 of 35 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 24, 2011 CALL TO ORDER Mayor Bhutta called the City Council Meeting to order at 7:00 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, Director of Lake, Parks and Recreation Kilroy, Police Chief Fontneau, Fire Chief Lawson, City Clerk Bloom and Office Specialist Porche. CITY COUNCIL CLOSED SESSION (1a) 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 (1b) CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases PLEDGE OF ALLEGIANCE Cameron Lymon of Elsinore High School led the Pledge of Allegiance. Page 15 of 35 Regular City Council Meeting May 24, 2011 Page 2 of 15 CLOSED SESSION REPORT City Attorney Leibold announced Items 1 and 2 were discussed during Closed Session and there was no reportable action. PRESENTATIONS / CEREMONIALS • Certificate of Recognition to Rebecca Lantz Certificate of Recognition of Peer Counseling Program at Elsinore High School • Business of the Quarter, Parmjit Randhawa, Owner Mayor Bhutta presented a Certificate of Recognition to 14 year old Rebecca Lantz who recently won the All West Regional Pageant. Mayor Bhutta presented Parmjit Randhawa, owner of the two AM/PM Gas Stations in the City with the Business of the Quarter. Mayor Bhutta presented a Certificate of Recognition to Cameron Lymon, Chip Roberson, and the Peer Counseling Program at Elsinore High School. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Chris Hyland spoke of the annual Juneteenth Celebration at McVicker Canyon Park scheduled for June 18th, 2011. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES There were none. (2) Approval of Minutes Recommendation: It is recommended the City Council approve the minutes of: a) Joint Study Session of April 26, 2011 b) Regular City Council Meeting of April 26, 2011 c) Regular City Council Meeting of May 10, 2011 (3) Warrant List Dated May 12, 2011 Recommendation: Authorize payment of Warrant List dated May 12, 2011. (4) Investment Report for April 2011 Recommendation: It is recommended the City Council receive and file. Page 16 of 35 Regular City Council Meeting May 24, 2011 Page 3 of 15 (5) Waive Special Event Fees for "Bark for Life" Event by the American Cancer Society Recommendation: It is recommended that the City Council consider the request to waive LEMC Sections 5.108.030 (Application fee) and 5.108.090 K. (Security Deposit) for the "Bark for Life" Special Event at McVicker Canyon Park. (6) Resolution of the City Council of the City of Lake Elsinore, California, Requesting a Grant for the Operation and Maintenance of the Floating Restrooms from the Department of Boating and Waterways at Lake Elsinore Recommendation: It is recommended that the City Council approve Resolution No. 2011-034 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING A GRANT FOR THE OPERATION AND MAINTENANCE OF THE FLOATING RESTROOMS FROM THE DEPARTMENT OF BOATING AND WATERWAYS AT LAKE ELSINORE, accepting the grant and authorizing the City Manager to execute the grant agreement. (7) Notice of Cessation of Special Tax for Certain Properties within CFD No. 2006-1 (Summerly) Recommendation: It is recommended that the City Council direct the City Clerk to execute the Notice of Cessation of Special Tax Lien and submit the executed document to the Riverside County Recorder's Office for recordation. (8) Citywide Landscaping and Street Lighting Maintenance District and the Landscaping and Street Lighting Maintenance District No. 1 for the Fiscal Year 2011-12 - Approval of Engineer's Reports and Resolutions of Intention Recommendation: It is recommended that the City Council: (a) Waive further reading and adopt Resolution No. 2011-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE PREPARATION OF THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2011-12 IN A DISTRICT WITHIN SAID CITY ordering the preparation of an Engineer's Report for the Citywide LLMD; (b) Waive further reading and adopt Resolution No. 2011-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2011-12 IN A DISTRICT WITHIN SAID CITY approving the Engineer's Report for the Citywide LLMD (c) Waive further reading and adopt Resolution No. 2011-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE Page 17 of 35 Regular City Council Meeting May 24, 2011 Page 4 of 15 FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING THEREON declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the Citywide LLMD and setting a public hearing for July 12, 2011 (d) Waive further reading and adopt Resolution No. 2011-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE PREPARATION OF THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2011-12 IN A DISTRICT WITHIN SAID CITY ordering the preparation of an Engineer's Report for the LLMD No. 1 (e) Waive further reading and adopt Resolution No. 2011-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2011-12 IN A DISTRICT WITHIN SAID CITY approving the Engineer's Report for the LLMD No. 1 (f) Waive further reading and adopt Resolution No. 2011-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING THEREON declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the LLMD No. 1 and setting a public hearing for July 12, 2011. (9) Planning Division Professional Services Agreement Recommendation: It is recommended that the City Council authorize the City Manager to enter into a Professional Services Agreement for a term through December 31, 2011 in a form substantially similar to the current interim basis form attached hereto, subject to any minor modifications as may be approved by the City Attorney. (10) CR&R Annual Consumer Price Index Increase Recommendation: It is recommended that the City Council receive and file this document because the proposed rate increase falls within the allowable amount of the approved contract. Page 18 of 35 Regular City Council Meeting May 24, 2011 Page 5 of 15 (11) Environmental Services for Boat Launch Facility Improvement Project No. 4237 Recommendation: It is recommended that the City Council (A) Award the Environmental Services to HDR Engineering, Inc. for an amount not to exceed fee of $78,000; and (B) Authorize the City Manager to execute the contract with HDR Engineering, Inc. (12) Riverside County Transportation Commission Agreement for 1-15/Railroad Canyon Road Interchange Improvement Project, Amendment No. 1 Recommendation: It is recommended that the City Council authorize the Mayor to execute Amendment No. 1 to the Agreement for the Funding of TUMF Regional Arterial Improvements (Agreement No. 10-72-016-00) which allows RCTC to assume the Professional Service Agreement with SC Engineering and allocates an additional $206,000 of TUMF funding towards the completion of the PA & ED phase of the project. Council Member Melendez requested to pull Consent Items 6, 10, 11 and 12. Council Member Tisdale requested to pull Consent Item 8. It was moved by Council Member Melendez and seconded by Council Member Hickman to approve Consent Items 2 through 5, 7 and 9. The motion carried unanimously. CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION (6) Resolution of the City Council of the City of Lake Elsinore, California, Requesting a Grant for the Operation and Maintenance of the Floating Restrooms from the Department of Boating and Waterways at Lake Elsinore Recommendation: It is recommended that the City Council approve Resolution No. 2011-034 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING A GRANT FOR THE OPERATION AND MAINTENANCE OF THE FLOATING RESTROOMS FROM THE DEPARTMENT OF BOATING AND WATERWAYS AT LAKE ELSINORE, accepting the grant and authorizing the City Manager to execute the grant agreement. Council Member Melendez stated that staff employee Mary Santa Cruz who works in the Lake and Aquatics Department, did a great job for searching for a grant that would save the City money for the floating restrooms on the Lake. It was moved by Council Member Melendez and seconded by Council Member Tisdale to approved Consent Item No. 6. The motion carried unanimously. Page 19 of 35 Regular City Council Meeting May 24, 2011 Page 6 of 15 (8) Citywide Landscaping and Street Lighting Maintenance District and the Landscaping and Street Lighting Maintenance District No. 1 for the Fiscal Year 2011-12 -Approval of Engineer's Reports and Resolutions of Intention Recommendation: It is recommended that the City Council: (a) Waive further reading and adopt Resolution No. 2011-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE PREPARATION OF THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2011-12 IN A DISTRICT WITHIN SAID CITY ordering the preparation of an Engineer's Report for the Citywide LLMD; (b) Waive further reading and adopt Resolution No. 2011-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2011-12 IN A DISTRICT WITHIN SAID CITY approving the Engineer's Report for the Citywide LLMD; (c) Waive further reading and adopt Resolution No. 2011-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING THEREON declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the Citywide LLMD and setting a public hearing for July 12, 2011; (d) Waive further reading and adopt Resolution No. 2011-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDERING THE PREPARATION OF THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2011-12 IN A DISTRICT WITHIN SAID CITY ordering the preparation of an Engineer's Report for the LLMD No. 1; (e) Waive further reading and adopt Resolution No. 2011-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2011-12 IN A DISTRICT WITHIN SAID CITY approving the Engineer's Report for the LLMD No. 1; (f) Waive further reading and adopt Resolution No. 2011-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO Page 20 of 35 Regular City Council Meeting May 24, 2011 Page 7 of 15 THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING THEREON declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the LLMD No. 1 and setting a public hearing for July 12, 2011. Council Member Tisdale pulled this item from the Consent Calendar for further discussion. Director of Administration Riley introduced Dennis Anderson with Francisco & Associates who provided an overview of the Landscaping and Lighting Maintenance District. Council Member Tisdale requested Mr. Anderson to address the park fees. Mr. Anderson stated that Landscaping & Lighting District No. 1 is geared towards neighborhood parks only. It was moved by Council Member Tisdale and seconded by Council Member Hickman to adopt staffs recommendation. The motion carried unanimously. (10) CR&R Annual Consumer Price Index Increase Recommendation: It is recommended that the City Council receive and file this document because the proposed rate increase falls within the allowable amount of the approved contract. Council Member Melendez asked for an explanation of the senior citizen and active military discounts. David Fairing, a representative of CR&R, stated that residents would be notified when the discounts would be implemented. Council Member Melendez thanked CR&R for the help and support. Council Member Hickman advised the public that the information would be available on the City's website. It was moved Council Member Melendez and seconded by Council Member Hickman to receive and file. The motion carried unanimously. (11) Environmental Services for Boat Launch Facility Improvement Project No. 4237 Recommendation: It is recommended that the City Council (A) Award the Environmental Services to HDR Engineering, Inc. for an amount not to exceed fee of $78,000; and (B) Authorize the City Manager to execute the contract with HDR Engineering, Inc. Council Member Melendez noted that HDR was the only firm to provide a response and requested staff to comment. Public Works Director Seumalo stated that three firms were sent the Request for Proposal and HDR Engineering was the only firm to provide a response. Page 21 of 35 Regular City Council Meeting May 24, 2011 Page 8 of 15 It was moved by Council Member Melendez and seconded by Council Member Hickman to adopt staff's recommendation. The motion carried unanimously. (12) Riverside County Transportation Commission Agreement for 1-15/Railroad Canyon Road Interchange Improvement Protect, Amendment No. 1 Recommendation: It is recommended that the City Council authorize the Mayor to execute Amendment No. 1 to the Agreement for the Funding of TUMF Regional Arterial Improvements (Agreement No. 10-72-016-00) which allows RCTC to assume the Professional Service Agreement with SC Engineering and allocates an additional $206,000 of TUMF funding towards the completion of the PA & ED phase of the project. Council Member Melendez asked staff to provide information of the agreement. Director Seumalo stated that the project has not funded the design portion and exhibit "B" would need to be revised. Mayor Pro Tem Magee thanked the Council for allowing RCTC to take the lead. He stated the staff report which was present to RCTC indicated the funding and completion dates are to be determined. He stated the City does not have the funds to complete the project at this time and the environmental process is first which would allow everything else to occur. Council Member Melendez asked what would happen with the environmental work that has been completed? Director Seumalo stated portions of the environmental document will need to be redone. It was moved by Council Member Melendez and seconded by Council Member Hickman to adopt staffs recommendation. The motion carried unanimously. PUBLIC HEARING(S) (13) Public Hearing on Resolution Determining the Validity of Prior Proceedings Relating to Annexation of Property into City of Lake Elsinore Community Taxes for CFD 2007-1 Annexation Area No. 2 (Pottery Court) Recommendation: It is recommended that the City Council: (a) Open the Public Hearing and take testimony (b) Waive further reading and adopt Resolution No. 2011-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. Page 22 of 35 Regular City Council Meeting May 24, 2011 Page 9 of 15 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) determining the validity of prior proceedings relating to Annexation of property into the City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services); (c) Waive further reading and adopt Resolution No. 2011-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION acting on behalf of the City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) calling a special election; (d) Direct the City Clerk to conduct the election and announce the results; (e) Waive further reading and adopt Resolution No. 2011-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO. 2 (RED KITE) ANNEXED TO SAID DISTRICT acting on behalf of the City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) canvassing of the results of the election held within Annexation Area No. 2 (Pottery Court) annexed to said district; (f) Waive further reading and introduce Ordinance No. 2011-1290 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 2 (POTTERY COURT) ANNEXED TO SAID DISTRICT acting as the legislative body of the City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) authorizing the levy of special tax within Annexation Area No. 2 (Pottery Court) annexed to said district. Mayor Bhutta opened the Public Hearing at 7:36 p.m. City Clerk Bloom made the noticing announcement. Director of Administrative Services Riley provided on overview. Mayor Bhutta closed the Public Hearing at 7:39 p.m. It was moved by Council Member Tisdale and seconded by Council Member Melendez to adopt City Council Resolution No. 2011-031, determining the validity of prior proceedings relating to annexation of property into City of Lake Elsinore Community Page 23 of 35 Regular City Council Meeting May 24, 2011 Page 10 of 15 Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services). The motion carried unanimously. It was moved by Mayor Pro Tern Magee and seconded by Council Member Tisdale to adopt City Council Resolution No. 2011-032, acting on behalf of City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) calling a special election. The motion carried unanimously. City Clerk Bloom tabulated the vote and announced the majority in favor of Community Facilities District No. 2007-1. It was moved by Council Member Melendez and seconded by Council Member Hickman to adopt City Council Resolution No. 2011-033, acting on behalf of City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) canvassing the results of the election held within Annexation Area No. 2 (Red Kite) annexed to said district. The motion carried unanimously. It was moved by Council Member Tisdale and seconded by Mayor Pro Tern Magee to introduce Ordinance No. 2011-1290 by title only and waive further reading. City Clerk Bloom read the title of Ordinance No. 2011-1290 into the record. By roll call vote, motion passed unanimously. (14) (A) Public Hearing - Resolution of the City Council of the City of Lake Elsinore, California, Making Certain Findings in Connection with the Issuance of the Lake Elsinore Public Financing Authority Local Agency Revenue Bonds (Summerly Project) 2011 Series A; and (B) A Resolution of the Board of Directors of the Lake Elsinore Public Financing Recommendation: It is recommended that the City Council: (a) Open a joint public hearing with the Lake Elsinore Public Finance Authority and take testimony (b) Waive further reading and adopt Resolution No. 2011-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING CERTAIN FINDINGS IN CONNECTION WITH THE ISSUANCE OF LAKE ELSINORE PUBLIC FINANCING AUTHORITY LOCAL AGENCY REVENUE BONDS (SUMMERLY PROJECT) 2011 SERIES A in the Aggregate Principal Amount not to exceed $6,000,000. Page 24 of 35 of Trust, Authorizing the Sale of Such Bonds Upon Certain Terms and Conditions, Approving an Official Statement, Approving the Execution of a Purchase Contract and a Continuing Disclosure Agreement, and Taking other Actions Related thereto Regular City Council Meeting May 24, 2011 Page 11 of 15 Mayor Bhutta opened the Public Hearing at 7:43 p.m and announced that this item would be discussed jointly with the Public Financing Authority. Public Financing Authority Chairman Hickman called the meeting to order and asked that the roll stand as previously noted. Director of Administrative Services provided an overview of the project. Mayor Bhutta closed the Public Hearing at 7:46 p.m. Council Member Hickman asked for clarification of Project Areas II and III. City Attorney Leibold stated that Tuscany Hills is part of Project Area II and III. Council Member Hickman asked what would happen if the Redevelopment Agency is taken away from the City. City Attorney Leibold stated that the Agency has already issued bonds and there shouldn't be any compromise. It was moved by Council Member Hickman and seconded by Council Member Tisdale to adopt staffs recommendation. The motion carried unanimously. APPEAL(S) No appeals scheduled. BUSINESS ITEM(S) (15) Cooperative Agreement with Riverside County Flood Control and Water Conservation District, City of Lake Elsinore and Castle and Cooke Alberhill Ranch, LLC. Recommendation: It is recommended that the City Council authorize the Mayor to execute the Cooperative Agreement for the construction and maintenance of the Temescal Creek-Nichols Road Drainage Facilities with Riverside County Flood Control and Water Conservation District and Castle & Cooke Alberhill Ranch, LLC. Director of Public Works Seumalo provided an overview of the project to Council. It was moved by Council Member Hickman and seconded by Council Member Tisdale to adopt staffs recommendation. The motion carried unanimously. (16) SC Engineering Invoice for 1-15/Railroad Canyon Road Interchange Improvement Recommendation: It is recommended that the City Council approve payment of SC Engineering invoice in the amount of $177,976.86. Director of Public Works Seumalo provided an overview. Page 25 of 35 Regular City Council Meeting May 24, 2011 Page 12 of 15 Council Member Melendez noted that the invoice covers May through December 2010 and Director of Public Works Seumalo clarified the charges. He stated that this would be the final invoice. Mayor Pro Tern Magee noted that staff has indicated that the invoices voluntarily stopped yet the project is not completed. He asked why the funds are being collected now and when would the project be completed? Sal Chavez with SC Engineering stated that the contractor did not bill the City for any work that has not been accomplished. He stated it was their goal to complete the project, yet they were asked to stop and that is the reason that they are now billing the City. Mayor Pro Tern Magee indicated that there appears to be some inconsistency with the dates of service and billing. Sal Chavez stated that the billing would not include all charges until the environmental document was approved. Council Member Tisdale asked how much has the City paid for the project to date? Director Seumalo answered the City has paid $650,000, and the original contract was estimated at $1.2 million. Council Member Tisdale asked if the project is not completed in three years, would it be necessary to have the environmental document done over again? Sal Chavez stated no. Council Member Hickman asked why the project is taking so long to complete? Sal Chavez replied if the project was a simple project, it would have been categorically exempt from getting an environmental report. He stated Cal Trans projects normally take anywhere from 5 to 10 years before constructions commences. Council Member Hickman stated that when he first learned of this project, it was estimated to cost $20 to $30 million and now it is estimated at $79 million. Council Member Melendez pointed out that regardless of whether or not everything was completed by SC Engineering, the reality is the City does not have the funds to complete the project. She understands the Councils' concerns with the timeline, but doesn't feel that it is SC Engineering's fault and feels that it is Cal Trans that is holding the project up. Mayor Bhutta summarized that the entire Council is frustrated with the entire process especially the length of time it has taken to get where they are now and would like to see some resolution. It was moved by Council Member Melendez and seconded by Council Member Tisdale to approve staffs recommendation. The motion passed by a 3-2 vote with Council Member Hickman and Mayor Pro Tern Magee opposing. (17) Fiscal Year 2010-11 Third Quarter Budget Report Recommendation: It is recommended that the City Council receive and file report. Page 26 of 35 Regular City Council Meeting May 24, 2011 Page 13 of 15 Administrative Director Riley provided an overview of the Budget to the Council. Mayor Bhutta noted for the record that this would be a Receive and File and further discussion of the budget would be held on Thursday, May 26th, at 5:00 p.m. at the Special Study Session. The City Council recessed and convened to the Redevelopment Agency meeting at 8:15 p.m. The City Council reconvened at 8:17 p.m. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES There were none. CITY MANAGER COMMENTS City Manager Brady commented on the following: Thursday Budget Study Session May 26 5:00 p.m. Cost: Free Cultural Center Monday City Offices Closed May 30 Monday Memorial Day Services at the Elsinore Valley Cemetery May 30 10:00 a.m. Cost: Free Elsinore Valley Cemetery Wednesday Tips for Kids at Chili's June 1 5:00 p.m. - 9:00 p.m. Chili's Restaurant in Lake Elsinore Wednesday Residents 1st with Mayor Amy Bhutta June 1 3:00 p.m. - 4:30 p.m. Cost: Free Chamber of Commerce of Lake Elsinore Saturday 11th Annual Event -Just 4 Kids Fishing Derby June 4 7:00 a.m. - 10:30 a.m. Cost: Free Diamond Stadium on the Lake Elsinore Levee Page 27 of 35 Regular City Council Meeting May 24, 2011 Page 14 of 15 Saturday Household Hazardous & E-Waste Collection June 4 9:00 a.m. - 2:00 p.m. Cost: Free to all City & County Residents Public Works Yard Wednesday Coffee Talk with Council Member Melendez June 8 9:00 a.m. - 10:30 a.m. Cost: Free Flour Fusion Gourmet Bakery, Cafe & Coffeehouse Saturday Cruise Night at Lake Chevrolet-Chevy June 11 4:00 p.m. - 7:00 p.m. Lake Chevrolet CITY ATTORNEY COMMENTS There were none. There were none. CITY COUNCIL COMMENTS Council Member Melendez commented on the following: • She spoke of the Memorial Day celebration to be held on May 30th and invited everyone to attend. • She thanked Mr. Don Barnett, resident of Lake Elsinore for the bouquet of flowers sent to Flower Fusion Bakery. • She advised everyone that it is now mosquito season and discussed ways to help reduce mosquitoes in your area. • She reminded everyone of the upcoming Budget Study Session on Thursday, May 26th at 5:00 p.m. Council Member Hickman commented on the following: • He reminded the public of the Memorial service to be held on Monday, May 30th at the Lake Elsinore Cemetery. • He thanked staff for their work with the Riverwalk dedication. Mayor Pro-Tem Magee commented on the following: • He spoke of Memorial Day and the sacrifices that our veterans made for our freedom. Page 28 of 35 Regular City Council Meeting May 24, 2011 Page 15 of 15 Mayor Bhutta commented on the following: • She spoke of the upcoming Memorial Day program held at the City's Cemetery. • She reminded everyone that it is now graduation time and congratulated all students who are graduating. • She advised the public that Spring Street is now open. • She thanked City staff for their hard work with the Riverwalk dedication. ADJOURNMENT Mayor Bhutta adjourned the meeting in memory of Dr. Maria Quale who passed away on Friday, May 17th and will be greatly missed. The Lake Elsinore City Council adjourned the meeting at 8:24 p.m. to a regular meeting to be held on Tuesday, June 14th, 2011, in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. Amy Bhutta, Mayor City of Lake Elsinore ATTEST: Virginia J. Bloom, City Clerk City of Lake Elsinore Page 29 of 35 Page 30 of 35 MINUTES SPECIAL MEETING LAKE ELSINORE CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, MAY 26, 2011 CALL TO ORDER Mayor Bhutta called the Special Study Session to order at 4:09 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, City Treasurer Baldwin, Police Chief Fontneau, Fire Chief Lawson, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Director of Lake, Parks and Recreation Kilroy, Public Works Superintendent DeSantiago, IT Supervisor Soto, Redevelopment Agency Analysis Carlson, City Clerk Bloom and Office Specialist Porche. CITY COUNCIL CLOSED SESSION (1) 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 City Clerk Bloom announced that the City Council would go into Closed Session to discuss Item No. 1. City Council reconvened at 5:00 p.m. City Attorney Leibold announced that the City Council met for a Special Study Session at 4:09 p.m. to discuss a matter under closed session and indicated there was no reported action. Page 31 of 35 Special Study Session City Council May 26, 2011 Page 2 of 5 DISCUSSION ITEM (2) Consideration of Fiscal Year 2011-12 City Operating & Capital Improvement Plan (CIP) Budgets Recommendation: It is recommended that the City Council review the Fiscal Year 2011-12 proposed Operating and Capital Improvement Plan (CIP) Budgets and provide direction to staff. Director of Administrative Services Riley provided an overview of the proposed Fiscal Year Operating and Capital Improvement Plan Budget for 2011-12. City Treasurer Baldwin stated that he is very pleased with the outcome of the budget. Mayor Pro Tern Magee commented on the following: • He thanked staff for working with the members of the Budget Committee and Council and noted all of the efforts made for moving this proposed budget forward. • He noted that the public safety service levels remain the same and that there are no new fees or fee increases. • The City Attorney's budget is lower and money is going back into the City's reserve accounts. • Pending the labor negotiations, there will be no new lay-offs. • Money being put back into the Lake Water fund. He asked about the Towing Franchise Fee of $2,000; how many towing companies pay into that fee; what is the fee and when was the last time the fee was adjusted? He pointed out on page 11 of the report; it shows a decrease in lake fees & passes and asked why? Director Kilroy stated that the fees are an estimate and is based on gas prices. He asked if any money for the NPDES Permits? Director Seumalo stated money has been received from 3 out of the 4 operators in the amount of $45,000. He noted the funds reserved for the Municipal Code Violations in the amount of $75,000 and requested an explanation. Director Riley stated those funds are pertaining to the violations on foreclosed homes. He stated before the City can release the title to the new owner, the violations must first be corrected and the fees must be paid. City Manager Brady stated the banks have been more responsible than they have been in the past. Mayor Pro Tern Magee noted that the Budget Committee suggested removing the travel and meeting expenses for the City Council. He expressed his concern with the Fire Department's Station No. 94 as it relates to the City of Canyon Lake. He stated it has been brought to his attention that as many as 60% of all response calls are going into the City of Canyon Lake and that Station No. 60 has not responded to a single Lake Elsinore incident. Fire Chief Lawson stated that the percentage of responses into Canyon Lake is lower. He stated that the City of Lake Elsinore has received responses from Canyon Lake, and the responses are to the citizens of the County and feels that Page 32 of 35 Special Study Session City Council May 26, 2011 Page 3 of 5 the Fire Department is providing the best service to the citizens in the City. Mayor Pro Tem Magee stated his concerns are not with the level of service but the fact that the City of Lake Elsinore is subsidizing another City. He asked Fire Chief Lawson about the funds to have a fitness center added to Station No. 85. Chief Lawson stated the fitness center was added for the health and safety of the firefighters as under their MOU they are allowed 1.5 hours per daily to workout. Mayor Pro Tern Magee spoke of the old animal control shelter and whether it is going to be turned into an emergency or large animal facility. If it is to remain as an animal facility, then the City should be credited. He spoke of EVMWD matching the money that is put into the Lake Fund and asked what Supervisor Buster's share would be? He stated that he is please to see that the replacement play equipment at the Summerhill Park has been added to the budget. He pointed out that although the Council cannot vote on the budget he asked the Council if they would all agree not to continue to subsidize protection for the City of Canyon Lake. Council Member Tisdale commented on the following: • He thanked the Council and Budget Committee for all their efforts with the budget. • He agreed with Mayor Pro Tem Magee's issue with Fire Station No. 94. • He advised the Council that Supervisor Buster was asked for contribution funds for the Lake and the response was "no". • He spoke of the old animal shelter and possibly continuing to use the facility. He advised JPA that this would need to come before Council for discussion first. • He spoke of the lower costs for the Animal Shelter as they had additional construction savings however a goal that needs to be reached is to lower the amount of animals going to the shelter from the City residents. He asked Director Riley if it would be necessary to use any money from the supplemental funds based on the fact that the City would be saving $189,000 from the Fire Department. Director Riley stated that it may not be necessary, but would wait for direction from Council. Council Member Tisdale asked if there would be additional savings from the Sheriffs Department. Director Riley stated yes. Chief Fontneau stated that the Sheriffs Department is still conservatively projecting a 5% increase for budgeting purposes, however is pending the contract of the Deputy Sheriff's Unit which may have an effect on the rate. Council Member Tisdale asked about the proposed projects and the need for a new vehicle. Director Seumalo stated that the department needs three new vehicles, a dump truck, asphalt patch truck and the water truck. Council Member Tisdale spoke of the funds used for the Special Election and asked if the City could be reimbursed the money that was spent for the Special Election. City Attorney Leibold stated that she will look into the matter of restitution. Page 33 of 35 Special Study Session City Council May 26, 2011 Page 4 of 5 Council Member Hickman commented on the following: • He suggested closing Fire Station No. 94 and relocating everything to the Rosetta Canyon Fire Station. • He inquired about the $6.9 million which was taken from the Redevelopment Agency. Director Riley stated at the direction of Council, the funds were transferred into various investments of the City. • He stated overall he is pleased with this proposed budget. Council Member Melendez commented on the following: • She inquired about the increased sales taxes, yet the Public Safety and In Lieu taxes decreased. Director Riley stated staff has observed that the numbers are decreasing over the past couple of years. • She requested an explanation as to why the grading and plan check fees decreased, yet the planning review fees increased. City Manager Brady stated some of the figures could be adjusted and a number of maps and lots have already been approved. • She requested an explanation as to why the Finance Department has an increase in personnel. Director Riley stated that the Finance Department's increase covers the increased time for contractor services, and under Human Resources the increase is for an employee who had returned back to work after being layed-off. • She asked about the increase in the Community Development Department. City Manager Brady stated the increase is to cover the hiring of a new Planning Manager. • She spoke of the increase in weed abatement. Director Seumalo stated the increase is to cover the fuel cost and for personnel resources. • She noted the increase of funds at the Boat Launch facility. Director Kilroy stated that the parking lot would soon need repairs and re-stripping. • She asked about the increase under the car allowance. Director Riley stated that the increase is for the new Planning Manager. • She noted that under the City Council's budget she suggested to withdraw membership from the League of Cities. • She spoke of the office supply funds under Citizen Corp. Public Works Superintendent DeSantiago stated that the funds are to cover the costs of printing supplies for the CERT Classes and the Citizen's Corp. • She asked about the increase under the IT Department. Supervisor Soto stated that the money is for the copiers/printers. City Manager Brady pointed out that staff is looking into iPads for the Council which would help cut back on paper costs. • She noticed the way the City Attorney would be billing the City and asked what would fall into the category of additional legal services. City Attorney Leibold stated that there is no change in billing practice and that basic services are generally the retainer fees which are approximately 50 hours per month. Page 34 of 35 Special Study Session City Council May 26, 2011 Page 5 of 5 Everything beyond that is considered a special matter and is billed at the hourly rate. She stated the City Attorney's office has budgeted $90,000 for the fiscal year for matters outside the basic retainer services, which is significantly lower than prior fiscal years. Any special projects, including litigation, will be presented to the City Council for consideration of additional budget allocation. Mayor Bhutta commented on the following: • She thanked the Budget Committee and staff for all their hard work with the budget. • She spoke of the old animal shelter and requested clarification that when an animal is dropped off at that location, that it be determined which city the animal came from. • She asked if there was any funding listed for the Chamber of Commerce. Director Riley stated that they are under Community Promotions. Mayor Bhutta requested to have it identified more clearly. • She asked if there was any money set aside for promoting the Lake. Director Kilroy stated that staff did not include any additional advertising for the Lake other than using the City's website. • She inquired about the false alarm fee and why the decrease from $1,500 to $400. City Manager Brady stated the funds come from the Sheriff's Department. • She asked about the Park and Recreation animal license fee and requested staff to clarify. Director Kilroy stated that staff added that line so that revenue and expenditures could be monitored. • She requested that $2,000 of the charitable organization money be given to both the New Vision Children Services and Assistance League of Temecula. CITY COUNCIL COMMENTS There were none. ADJOURNMENT There being no further business to come before the Council the special meeting was adjourned at 6:37 p.m. The next Regular City Council meeting will be held at 7:00 p.m. on June 14, 2011, at the Cultural Center located at 183 N. Main Street in Lake Elsinore. Amy Bhutta, Mayor City of Lake Elsinore ATTEST: Virginia J. Bloom, City Clerk City of Lake Elsinore Page 35 of 35