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Home My WebLink About06-28-2011 SSMINUTES 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 Tern 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 ITEMS) (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 (1 b) 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 befot adjourned at 5:18 p.m. to Closed Session at-5:18 p.m. Council, the meeting was ie Regular meeting at 7:00 Tern City of Lake Elsi 'TT' ST: N /Mahumk_'~ Virginia to m City Clerk City of L k EI i ore