HomeMy WebLinkAbout06-28-2011 SS (2)MINUTES
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JUNE 28, 2011
CALL TO ORDER
Mayor Bhutta called the Joint Study Session to order at 4:07 p.m.
ROLL CALL
PRESENT: Mayor Bhutta
Mayor Pro Tern Magee
Council Member Hickman (arrived at 4:09 p.m.)
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, Building & Safety/Code Enforcement Manager Chipman, 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 -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)
PRESENTATIONS/CEREMONIALS
Certificate of Recognition to Dr. Frank Passarella, Superintendent of LEUSD
Joint City Council/RDA Study Session
June 28, 2011
Page 2 of 8
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Tim Fleming, resident of Lake Elsinore, spoke of an unpermitted dock that was allowed
on the Lake.
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) Regular City Council Meeting of June 14, 2011
(3) Warrant List Dated June 15, 2011
Recommendation: Authorize payment of Warrant List dated June 15, 2011.
Council Members Tisdale, Hickman, and Melendez questioned various items on the
warrant lists and staff provided responses thereto.
(4) Investment Report for May 2011
Recommendation: It is recommended the City Council receive and file.
(5) Amendment No. 2 to Extend TMDL Task Force Agreement
Recommendation: It is recommended that the City Council approve "Amendment
No. 2 to Form the Lake Elsinore and Canyon Lake TMDL Task Force" and
associated budget, and authorize the City Manager to execute the amendment.
Council Member Melendez asked for clarification on the requested reduction in cost
allocation for the TMDL Task Force. Director of Lake, Parks & Recreation Kilroy stated
he will be looking for the Santa Ana Regional Water Control Board to make changes in
the waste load allocation for nutrients.
Council Member Hickman asked if any future costs would escalate. Director Kilroy
answered that future projects would be more expensive for the agency.
Mayor Pro Tern Magee stated the City needs everyone to pay their fair share on this
project.
Joint City Council/RDA Study Session
June 28, 2011
Page 3 of 8
(6) Lake Elsinore Municipal Code Waivers for National Jet Boat Association Special
Event
Recommendation: It is recommended that the City Council waive the Lake
Elsinore Municipal Code sections listed below 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:
(a)
9.96.120
(Boat Speed Limits)
(b)
9.96.200
(Motorboat Noise)
(c)
8.40.040A
(Alcohol is prohibited in City parks)
(d)
9.28.030
(Furnishing alcoholic beverages in public)
(e)
8.40.060E
(Lake Use Pass)
(7) Engagement for Legal Services for Mining Issues with Law Firm of Harrison
Temblodor Hungerford & Johnson
Recommendation: It is recommended that the City Council authorize the City
Manager to accept and approve the attached Terms of Engagement with the law
firm of Harrison Temblodor Hungerford & Johnson.
Mayor Pro Tem Magee requested clarification on the retention period for this firm. City
Attorney Leibold stated the recommendation is to have the firm available for
consultation for a six month period. Mayor Pro Tem Magee expressed his concern with
the billing rate and requested staff to use their best judgment. Mayor Bhutta concurred
with Mayor Pro Tern Magee's comments.
(8) New Copier Lease with Innovative Document Solutions for Citywide Usage
Recommendation: It is recommended that the City Council approve the digital
copier lease proposal and designate and authorize the City Manager to execute
the 60 month Municipal Lease agreement, with Canon Financial Services, Inc.,
for the Canon IRC 5030 digital copier. Approve service proposal by Innovative
Document Solutions (based on monthly CMAS Service Agreement #GS-25F-
0023M) and designate and authorize the City Manager to execute the Service
Agreement with Innovative Document Solutions to maintain the IRC5030 digital
copier, per the stated terms and conditions.
(9) Appropriations Limit for Fiscal Year 2011-12
Recommendation: It is recommended that the City Council adopt Resolution No.
2011-037 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT
FOR FISCAL YEAR 2011-12 FOR THE CITY OF LAKE ELSINORE IN
ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE
CALIFORNIA GOVERNMENT CODE setting the City's 2011-12 appropriations
limit at $63,378,943.
Joint City Council/RDA Study Session
June 28. 2011
Page 4 of 8
PUBLIC HEARING(S)
(10) The City of Lake Elsinore Proposed Operating Budget for Fiscal Year 2011-12
Recommendation: It is recommended that the City Council adopt
Resolution No. 2011-039 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE CITY'S
OPERATING BUDGET FOR THE FISCAL YEAR 2011-2012.
(11) Capital Improvement Program for FY 2011-2012 Through 2015-2016
Recommendation: It is recommended that the City Council adopt Resolution No.
2011-038 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING THE CAPITAL IMPROVEMENT
PROGRAM FOR FISCAL YEARS 2011-2012 THROUGH 2015-2016.
Council Member Hickman asked for clarification of the Lakeshore Project. Director
Seumalo stated it is a City project for the purpose of repaving the street.
Mayor Pro Tern Magee asked about the proposed signal at Canyon Hills Road and
Sage. Director Seumalo answered the signal is warranted because of students crossing
the street at that location. Mayor Pro Tern Magee asked if the School District would be
assisting with funding for the signal. Director Seumalo stated that staff continues to work
with the School District on the funding issues.
Council Member Melendez asked about the light replacement at Tuscany Hills Park and
if the Summerhill Street rehabilitation would be considered for the FY 2011-2012.
Director Seumalo stated that Summerhill is an unfunded project and as soon as staff
finds funding for the project, it would be moved forward. Council Member Melendez
stated that the road is continuing to deteriorate. Director Seumalo stated that staff has
evaluated several roads in the City and Gunnerson Road would need repairs prior to
Summerhill, however offered that staff would continue to evaluated the road and
prioritize the conditions.
Mayor Pro Tem Magee asked if there was a cost estimate on the repairs to Summerhill
Road. Director Seumalo stated that a cost estimate to repair Summerhill was completed
however may not be in the report.
Council Member Melendez asked if there were any money left in the bonds from the La
Strada project which could be used to help rehab Summerhill. Director Seumalo stated
that there is money left in the security bonds posted for the Summerhill project but
would be hesitant to use those monies for the repaving.
APPEAL(S)
No appeals scheduled.
Joint City Council/RDA Study Session
June 28, 2011
Page 5 of 8
BUSINESS ITEM(S)
(12) Construction Contract Award Boat Launch Facility Improvement Project No. 4237
Recommendation: It is recommended that the City Council:
(a) Award the Boat Launch Facility Improvement to Reyes Construction, Inc.
for the amount of $5,776,089;
(b) Approve an additional 5% construction contingency in the amount of
$288,804. Change order processing will follow the City's Purchasing
Guidelines which requires Council approval for costs over $15,000;
(c) Authorize the City Manager to execute the contract with Reyes
Construction, Inc.
(d) Award the Construction Geotechnical and Materials Testing Services to
LOR Geotechnical Group, Inc. for the amount of $107,054;
(e) Authorize the City Manager to execute the contract with LOR
Geotechnical Group, Inc.
(f) Authorize the City Manager to execute the contract with Global Diving &
Salvage, Inc. for the amount of $10,900.
Tim Fleming, resident of Lake Elsinore, spoke on his concerns of docking stations for
the $5 million dollar boat launch upgrade and suggested to use only quality long life
products for this facility.
Council Member Hickman asked if the fiberglass product had foam in the center.
Director Kilroy answered yes. Council Member Hickman asked how large are the
docks? Director Kilroy stated that the docks are not only used as docks but also as
floating breakwaters which help reduce wakes. Council Member Hickman stated that he
would prefer using an aluminum product to avoid any future foam clean up issues.
Director Kilroy stated the material for the docks have already been ordered with the use
of grant funds which are durable and last a long time. He stated the specifications for
the dock have an aluminum footings and it is the foam that is encased in fiberglass.
Council Member Melendez asked about the standards for the docks. Director Kilroy
stated that staff has included the standards in the goals for their department.
Mike Bootsma, resident of Lake Elsinore, concurred with Mr. Fleming's comments on
the use of fiberglass material for the boat dock and hoped that the City would get a
guarantee that the product will not deteriorate. Mayor Bhutta asked if the City would
receive a guarantee. Director Kilroy stated that he would research the warranty
information.
The City Council recessed and convened to the Redevelopment Agency at 4:49 p.m.
REDEVELOPMENT AGENCY
Chairwoman Melendez called the meeting to order at 4:49 p.m.
Joint City Council/RDA Study Session
June 28, 2011
Page 6 of 8
ROLL CALL
PRESENT: Chairwoman Melendez
Vice-Chair Tisdale
Member Bhutta
Member Hickman
Member Magee
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, Parks & Recreation
Kilroy, and Agency Secretary Bloom.
CLOSED SESSION
(1a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8)
Property: A.P.N. 373-210-040
Negotiating Parties: Redevelopment Agency of the City of Lake Elsinore and
Diamond Stadium Group, LLC
Under negotiation: Price and terms of payment
(1b) CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9:
1 potential case
Agency Counsel Leibold announced the items under the Redevelopment Agency that
would be discussed during Closed Session.
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 Redevelopment Agency approve the
following minutes:
a) Regular Redevelopment Agency Meeting of June 14, 2011
Joint City Council/RDA Study Session
June 28, 2011
Page 7 of 8
(3) Warrant Lists Dated June 15, 2011
Recommendation: Authorize payment of Warrant Lists dated June 15, 2011.
(4) Investment Report for May 2011
Recommendation: It is recommended that the Agency receive and file.
PUBLIC HEARING(S)
(5) Redevelopment Agency Operating Budget for Fiscal Year 2011-12
Recommendation: It is recommended that the Agency adopt Resolution No.
2011-009 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE REDEVELOPMENT
AGENCY OPERATING BUDGET FOR THE FISCAL YEAR 2011-12.
BUSINESS ITEM(S)
(6) Affordable Housing Financial Analysis (AMCAL and Central Valley Coalition for
Affordable Housing Proposals)
Recommendation: It is recommended that the Agency:
(a) Review the KMA analysis, defer selection of a project at this time, and
direct staff to return to the Agency Board within the next 90 days with a definitive
analysis of available funds following resolution of the State budget and related
proposals; or alternatively
(b) Review the KMA analysis, select a proposed project and direct Agency
Counsel to prepare a definitive loan agreement up to the amount of the currently
available unencumbered Housing Fund balance consistent with the
recommended residual receipts financing structure. The disbursement of
Housing Funds should be conditioned upon evidence of financing to be
presented by the developer demonstrating the financial feasibility of the project to
the satisfaction of the Executive Director. Any commitment of Housing Funds
should be subordinate to existing Housing Fund obligations and any Agency
payments to the Educational Revenue Augmentation Fund, Special District
Augmentation Fund or similar fund established by state legislation necessary to
avoid termination of the Agency.
Mario Turner, AMCAL, provided a presentation regarding their proposal for
development.
Ron Hewison representing HOPE spoke of his concerns with some of the proposals
presented to the Agency.
Joint City Council/RDA Study Session
June 28, 2011
Page 8 of 8
Vice-Chair Tisdale asked about the proportion of affordable housing for the City, land
use, status of the Redevelopment Agency, and the cost of acreage. Redevelopment
Agency Analyst Carlson stated that the area being proposed is considered Residential
Mixed Use. Agency Counsel Leibold stated the legislator passed AB 26 and AB 27; the
first Bill eliminates redevelopment agencies and the second bill allows the City to
reinstate the Redevelopment Agency if a payment is made. If the Governor signs the
two Bills then the Agency will be eliminated.
Agency Member Magee stated the Agency approved a project in 2008 on Mission Trail
which is considered high density yet nothing has been developed. He stated that staff
received direction to discuss the economic viability in land use. He expressed his
concerns with the State budget and AMCAL's statement that the lack of identified
funding source puts the project and Agency at risk to be left with vacant land and no
financially viable plans for development.
Agency Member Bhutta asked if the analysis was completed for both senior and
affordable housing. Agency Counsel Leibold stated each project phase was evaluated
separately and a financial analysis was completed, but that it was misunderstood that
the total development site had to be acquired up front.
The City Council reconvened at 5:17 p.m.
CLOSED SESSION REPORT
City Attorney Leibold announced that the City Council would adjourn to Closed Session
at 5:18 p.m to discuss Items 1(a) and 1(b).
ADJOURNMENT
There being no further business to come before the City Council, the meeting was
adjourned at 5:18 p.m. to Closed Session at 5:18 p.m. and the Regular meeting at 7:00
p.m.
Melissa Melendez, Chairwoman
Redevelopment Agency
T EST:
Virginia loo ,Agency Secretary
City of La P Elsi re