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HomeMy WebLinkAbout2010-04-13 City Council Agenda Item No. 2CITY OF x LADE LSIN01I E I IUAM E-XTIt1 ME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 13, 2010 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council minutes are submitted for approval: (a) Joint Meetings of the City Council/Redevelopment Agency March 9, 2010 and March 23, 2010 (b) Regular City Council Meeting Minutes March 9, 2010 and March 23, 2010 Recommendation Approve the Minutes as submitted. Prepared by: Dana C. Porche J~s ( P Office Specialist Approved by: Carol Cowley r` `j Interim City CI6 Approved by: Robert A. Brady City Manager AGENDA ITEM NO.2 Page 1 of 49 Page 2 of 49 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, MARCH 9, 2010 CALL TO ORDER Mayor Melendez called the meeting to order at 7:00 pm. PRESENT: Mayor Melendez, Mayor Pro Tern Bhutta, Council Member Buckley Council Member Hickman, Council Member Magee. ABSENT: None. Also present included: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics / Parks and Recreation Director Kilroy, Information / Communications Manager Dennis, Police Chief Cleary, Fire Chief Hendershot and Interim City Clerk Cowley. PLEDGE OF ALLEGIANCE Mayor Melendez invited the Boy Scout Honor Guard to lead the audience in the pledge of allegiance. INVOCATION - MOMENT OF SILENT PRAYER The Mayor led the audience in a moment of silent prayer. CLOSED SESSION REPORT 1a. Conference with Legal Counsel - Existing Litigation Subdivision (a) of Gov't Code § 54956.9) Michel Knight vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC 10001036). City Attorney Leibold announced there was one case regarding litigation discussed during Closed Session and there was no reportable action. Page 3 of 49 Regular City Council Meeting Page 2 of 11 March 9, 2010 PRESENTATIONS / CEREMONIALS Mayor Melendez presented a Proclamation to several different Boy Scout Troops in celebration of their 100th Anniversary. El Wolfslau, Boy Scout Troop Leader for Troop 604 of Lake Elsinore thanked Mayor Melendez for supporting the Boy Scout's 100 year Anniversary. Mayor Melendez introduced Irene Travato the Leader representing Girl Scout Troop 1124. Irene Travato, Girl Scout Troop Leader for Troop 1124 of Lake Elsinore presented an Appreciation Plaque to Mayor Melendez for her support and assistance towards the Girl Scouts of America. PUBLIC COMMENTS - NOWAGENDIZED ITEMS - 1 MINUTE Thomas Vose spoke of the Lake Elsinore Mobile Library. He indicated the mobile library is capable of checking out materials, researching materials via data bases or the internet, and has the capability to sign up for library cards and place holds on, any materials at any Riverside or San Bernardino County Library. The Mobile Library will be taken to different areas in the community. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None CONSENT CALENDAR It was moved by Council Member Magee and seconded by Council Member Hickman to approve Consent Calendar Items No. 2 through 6 and 9 through 11 and Continue Item No. 12. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None 2. Approval of City Council Minutes Recommendation: Approve the following minutes: a. City Council / Redevelopment Agency Session Minutes of February 9, 2010. Page 4 of 49 Regular City Council Meeting Page 3 of 11 March 9, 2010 b. Regular City Council Minutes of February 9, 2010. 3. Warrant List Dated February 25, 2010 Recommendations: Authorize payment of Warrant List dated February 25, 2010. 4. Consideration of Resolution Reciting the Fact of the Special Recall Election Held on February 23, 2010 and Declaring the Result Thereof Recommendation: (1) Adopt Resolution No. 2010-011 Reciting the Facts of the Special Recall Election held on February 23, 2010, Declaring the Results and such other matters as may be provided by law; (2) Direct the City Clerk to enter on the records of the City Council, a statement declaring that as a result of the election a majority of the voters voting on the measure relating to the recall of Thomas Buckley did not vote in favor of the recall. 5. Construction of Machado Park Landscape Improvements and Installation of a New Restroom - Notice of Completion Recommendation: Authorize the Mayor to execute the Notice of Completion and have the City Clerk file the Notice of Completion with the County of Riverside. 6. Construction of Gravel Road Paving FY 2009/10 - Notice of Completion Recommendations: Authorize the Mayor to execute the Notice of Completion and have the City Clerk file the Notice of Completion with the County of Riverside. 7. Use of Proposition 1 B funds for Pavement Rehabilitation of City Streets Recommendations: (1) Approve the use of Proposition 1 B funds for the pavement repair of Sumner Avenue from Main Street to Chaney Street, and Heald Avenue from in Street to Chaney Street; and (2) Approve the use of Proposition 42 funds for the design of the reconstruction of Sumner and Heald. 8. Mount San Jacinto Community College Demonstration Go-Pass Program Recommendations: That the City Council authorize the City Manager to enter into an agreement with the Riverside Transit Agency for funding of the GO-Pass Program at MSMC for the 2010-11 academic year. Page 5 of 49 Regular City Council Meeting March 9, 2010 Page 4 of 11 9. A Resolution of the City Council of the City of Lake Elsinore, California to Support the United States Census - Make Yourself Count Month March 2010 Recommendations: That the City Council authorize the City Manager to enter into an agreement with the Riverside Transit Agency for funding of the GO-Pass Program at MSMC for the 2010-11 academic year. 10. Extension of Term for Interim City Clerk's Personal Services Contract Recommendations: That the City Council authorizes an amendment to the Personal Services contract with Ms. Cowley extending the term of the contract to May 15, 2010 in such form as may be approved by the City Attorney. 11. Agreement for Legal Service Concerning Trust of Darwin Rogers Recommendations: That the City Council authorizes the City Manager to execute the attached legal representation agreement with the law firm of Reynolds, Jensen & Swan LLP related to the Darwin Rogers Trust subject to any minor modifications as may be approved by the City Attorney. 12. Exclusive Use Agreement for the Dr. Sharron Lindsay Community Center Recommendations: Approve the Exclusive Use Agreement and authorize the City Manager to execute the agreement. Mayor Melendez requested to have Items No. 7 & 8 pulled from the Consent Calendar for further discussion. ITEMS PULLED FROM THE CONSENT CALENDAR 7. Use of Proposition 1 B Funds for Pavement Rehabilitation of City Streets Recommendations: (1) Approve the use of Proposition 1 B Funds for the pavement repair of Sumner Avenue from Main Street to Chaney Street, and Heald Avenue from Main Street Chaney Street; (2) Approve the use of Proposition 42 Funds for the design of the reconstruction of Sumner and Heald. Mayor Melendez advised the public of the pavement repairs which would commence sometime around June 2010. Page 6 of 49 Regular City Council Meeting Page 5 of 11 March 9, 2010 8. Mount San Jacinto Community College Demonstration Go-Pass Program Recommendations: It is recommended that the City Council authorize the City Manager to enter into an agreement with the Riverside Transit Agency for funding of the GO-Pass Program at MSJC for the 2010-11 academic year. Mayor Melendez advised the public of the GO-Pass Program through Mount San Jacinto Community College which would allow registered students to utilize any Riverside Transit Agency (RTA) bus for free of charge. 12. Exclusive Use Agreement for the Dr. Sharron Lindsay Community Center Recommendations: Approve the Exclusive Use Agreement and authorize the City Manager to execute the agreement. This item was pulled and continued off calendar. PUBLIC HEARINGS There are none. APPEALS There are none. BUSINESS ITEM(S) 13. Community Facilities District No. 2009-1 - Adoption of Ordinance Authorizing the Levy of a Special Tax within said District. Recommendations: That the City Council adopt Ordinance No. 1273 authorizing the Levy of a Special Tax within CFD No. 2009-1 as introduced and title read at the meeting of February 23, 2010. Director of Administrative Services Riley provided a brief overview of the project to the Council. Mayor Melendez asked City Clerk Cowley if anyone had requested to speak on this item. There being no further discussion, Mayor Melendez brought the discussion back to the dais for Council Members comments. Council Member Hickman advised the public that this would be applied to the Pardee Homes which would allow a park and dog park that would be paid for the homeowners. Page 7 of 49 Regular City Council Meeting Page 6 of 11 March 9, 2010 It was moved by Council Member Hickman and seconded by Council Member Magee to approve Community Facilities District No. 2009-1 - Read by title only and adopt Ordinance No. 1273. The title of the ordinance was read into the record. The motion unanimously carried by the roll-call vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None 14. An Ordinance of the City Council of the City of Lake Elsinore, California, Amending Chapter 5 48 Sections 5.48.010, 5.48.020, 5.48.030, 5.48.040, 5.48.110 and 5 48 210 of the Lake Elsinore Municipal Code regarding Bingo Recommendations: Waive further reading and introduce by title only Ordinance No. 1274 amending Chapter 5.48, Sections 5.48.9010, 5.48.020, 5.48.030, 5.48.040, 5.48.110 and 5.48.210 of the Lake Elsinore Municipal Code Regarding bingo. City Attorney Leibold advised the City Council that this is the introduction of Ordinance No. 1274 which would amend the City's Municipal Code with respect to Bingo. She stated it would allow non-profit organizations to meet specific qualifications to be licensed and conduct Bingo in multiple locations. Mayor Pro Tern Bhutta asked if the City would be responsible to issue the business license and if there would be a fee. City Attorney Leibold advised Mayor Pro Tern Bhutta that the City would issue a Bingo license, however she did not know of any fees. Mayor Melendez advised the public that the American Legion requested to have the City's code brought up to date with the current State code regarding Bingo. It was moved by Council Member Buckley, and seconded by Mayor Pro Tem Bhutta to introduce by title only Ordinance No. 1274 amending chapter 5.48, Sections 5.48.9010, 5.48.020, 5.48.030, 5.48.040, 5.48.110 and 5.48.210 of the Lake Elsinore Municipal Code Regarding bingo. The title of the ordinance was read into the record. The motion unanimously carried by the roll-call vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None 15. Annual Financial Reports for the Fiscal Year Ending June 30, 2009 Recommendations: Receive and file. Director of Administrative Services Riley provided an overview of the project to Council. Council Member Buckley asked if it would be necessary to change the auditor every three to seven years. Page 8 of 49 Regular City Council Meeting March 9, 2010 Page 7 of 11 Director of Administrative Services Riley replied by saying, that is correct. Council Member Hickman expressed that last years budget did not include any funds the water and felt that the City would be safe because of the heavy rains this year, however, suggested continuing to look towards the future for those funds. 16. Report on the Mid-Year Status of the FY 2009-10 Budget Recommendations: The net deficit of revenue decrease and expenditure reductions (including the decrease in the transfer out to the capital fund) is $1,142,500. As noted above, staff is recommending using the "saving" from the prior year Supplemental Revenue Fund of $897,340 and an additional $245,160 from the fund to cover the shortfall. This would leave a balance of $1,395,540 in the "Rainy Day" Fund. Director of Administrative Services Riley provided the staff report to the City Council. Council Member Hickman advised the public of a comparison of how many building permits were issued a couple of years ago compared to today and how the city's is working on the next fiscal year's budget. Mayor Pro Tern Bhutta commended staff for coming up with the extra money and asked how that happened. Director of Administrative Services Riley replied by saying the City had savings in the General Law Enforcement area and also was able to reduce the overtime hours, and jail access fees. Council Member Magee noted that the City Council began to take a more aggressive approach with the budget as they saw the revenues beginning to decline. He stated, while preparing this budget Council looked at potential reduction of 8% in property taxes. He stated, after confirming with the County, they recommended between 10 to 11%. He stated the actual number came in at 17% which he stated was un-heard of. He stated the City has been hit extremely hard, and it is not staff's fault, but the economy. Council Member Buckley agreed that all staff members have done very well including the mandated furloughs. Mayor Melendez indicated that she had a chance to look at the numbers of un- employment. She stated in February 2010 nationally the un-employment rate was 9.7% and in January the un-employment in Lake Elsinore was 13.9%. She noted there would continue to be a decrease for some time however it is not the fault of staff. She asked City Manager Brady if staff has thoroughly looked through the Police budget. Page 9 of 49 Regular City Council Meeting Page 8 of 11 March 9, 2010 City Manager Brady replied by saying staff meets on a monthly basis including the Police Chief, Director of Administrative Services, staff, and himself. He stated everything is looked at, including where the money is being spent. He noted the savings in overtime. Mayor Melendez stated she noticed in the budget that mileage hasn't changed and has staff considered adjusting that figure. City Manager Brady replied by saying the figure is based on the amount of miles that has been paid and has not changed the figure. Mayor Melendez pointed out that there are minor changes between the City and the County's description of services and asked why. Police Chief Cleary replied by saying the City is contracting through the Riverside County Sheriffs Department. He indicated not only is the City being charged for Police but also for policing the lake, and traffic accident investigators. He stated it is only an estimate. He stated the department has been very fortunate not to have the significant number of incidents and what other resources would be necessary, such as homicides which generate an increase in costs. He stated in terms of the mileage, the vehicles are leased from the County, and how the County recoups the costs, are through the mileage, and staff does there best to meet the estimate. Mayor Melendez thanked Council Members Magee, Hickman and Buckley for helping put money away for the future. She stated she is not comfortable dipping into the reserves as indicated in the staff report. It was moved by Council Member Magee and seconded by Mayor Pro Tern Bhutta to use the "saving" from the prior year Supplemental Revenue Fund of $897,340 and an additional $245,160 from the fund to cover the shortfall. The motion carried by a 4 to 1 vote as follows: AYES: Buckley, Magee, Hickman and Mayor Pro-Tem Bhutta. Noes: Mayor Melendez. The City Council recessed and convened to the Redevelopment Agency at 7.43 p.m. The City Council reconvened at 7:48 p.m. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Wayne Williams provided the City Council with an update status regarding the Medical Marijuana Dispensary Town Hall Meeting. Page 10 of 49 Regular City Council Meeting Page 9 of 11 March 9, 2010 CITY MANAGER COMMENTS City Manager Brady commented on the following: • Wednesday, March 9, 2010 at Flour Fusion the Java Jive from 8:00 a.m. to 9:30 a.m. He indicated the event would office additional network opportunities beside the monthly mixers to business members. • Saturday, March 13, 2010 would be the Walk to Cure Diabetes from 8:00 a.m. at the Diamond Stadium. • Thursday, March 18, 2010 would be the EWDC Luncheon from 11:30 a.m. to 1:00 p.m. at the Diamond Club at the Diamond Stadium, which would include a conversation with Mayor Melendez. • Friday, March 19, 2010 would be the 5th Annual TIP Golf Tournament from 11:00 a.m. to 7:30 p.m. at the Links at Summerly. The proceeds would go to support Citizens Helping Citizens in Crisis. • He reminded the public to complete their Census Report as it is very important to the City. • February 9`h, 2010 the City Council considered an addendum to the Negative Declaration for the La Strada project, which was continued to the March 23, 2010 City Council meeting. He stated the property owner has requested the addendum be taken off calendar. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS No comments. CITY COUNCIL COMMENTS Council Member Magee commented on the following: • His concerns with the amount of money that is being spent on the consultants regarding the 1-15 / Railroad Canyon project. He requested to have either an information item or an item to authorize a full audit added to the next City Council Agenda. Page 11 of 49 Regular City Council Meeting March 9, 2010 Page 10 of 11 • He advised the public that the County Grand Jury is now accepting applications for the next term. He stated in order to obtain an application, please contact Gail Sorsi at (951) 955-8990 or see the City's Clerk Department. Deadline to submit the application is April 16, 2010. • He advised that the trauma intervention program of Southwest Riverside County will hold there annual animal Golf Tournament at the Links at Summerly on Friday, March 19, 2010 at 11:00 a.m. Please call Gina at (951) 226-6793 or the Chamber of Commerce. • He wished former Council Member Fred Dominquez a Happy Birthday. Council Member Hickman commented on the following: • He requested the City to create an ordinance requiring all local employers to use Eager Buying System. He advised the Council that this system would establish penalties for those that violate the law. Mayor Pro Bhutta commented on the following: • She thanked the audience for their attendance and encouraged those to shop locally. • She advised the audience to take pride in the community by keeping yards clear of weeds and debris. Council Member Buckley commented on the following: • He thanked those who supported him during the Recall Election and he will continue to support the City of Lake Elsinore. Mayor Melendez commented on the following: • She reminded the audience that she would be available at the Flour Fusion Bakery located on Main Street. • She apologized to Council Member Hickman for her comment to him during the last City Council meeting. She thanked all of the Scout Troops who attended the meeting. Page 12 of 49 Regular City Council Meeting March 9, 2010 ADJOURNMENT Page 11 of 11 There being no further business to come before the Council, the meeting was adjourned at 7:56 p.m. to a regular meeting to be held on Tuesday, March 23, 2010 at 7:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530 California. MELISSA A. MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, CITY CLERK CITY OF LAKE ELSINORE Page 13 of 49 Page 14 of 49 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 23, 2010 CALL TO ORDER Mayor Melendez called the Joint Study Session to order at 7:09 p.m. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA COUNCIL MEMBER BUCKLEY (arrived at 7:19 p.m.) COUNCIL MEMBER HICKMAN (arrived at 7:25 p.m.) COUNCIL MEMBER MAGEE ABSENT: NONE Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Director of Community Development Weiner, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Information/Communications Manager Dennis, Police Chief Cleary, Fire Chief Hendershot and Interim City Clerk Cowley. PLEDGE OF ALLEGIANCE Mayor Melendez invited Eike Hohenadl to lead the audience in the Pledge of Allegiance. CLOSED SESSION 1 a. Conference with Legal Counsel-Existing Litigation Pursuant to (subdivision (a) of Gov't Code § 54956.9) Michel Knight vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10001036) 1 b. Conference with Legal Counsel-Existing Litigation Pursuant to (Subdivision (a) of Gov't Code § 54956.9) Delco Hagan vs. City of Lake Elsinore (Court of Appeal, 4th District, Case No. E049420) Page 15 of 49 Regular City Council Study Session Page 2 of 9 March 23, 2010 1c. Public Employee Employment Evaluation Pursuant to (Gov't Code § 54957): City Attorney City Attorney Leibold announced there were three items discussed during Closed Session, which two of the items were continued to the end of the Regular City Council meeting. She indicated there was no reportable action on any of the three items. PRESENTATIONS / CEREMONIALS • Chamber of Commerce Quarterly Update. Kim Cousins, President / CEO of the Lake Elsinore Chamber of Commerce provided the quarterly update. He spoke of the quarterly magazine which can now be viewed on line. He indicated for those who wish to advertise in the magazine for the month of May would need to be received by April 16, 2010. He pointed out that all of the upcoming City activities can be viewed on line through the quarterly magazine. • Recognition of Elsinore High School Basketball Team City Champions (Coach Pete Retinger or Tony Peralta). Mayor Melendez provided recognition of the Elsinore High School Basketball Team City Champions. Council Member Hickman congratulated the team members and Coach's Pete Retinger and Tony Peralta and introduced the entire team. Elsinore High School Principal John Hurst thanked the City Council for the recognition., • Recognition of Lake Elsinore Police Officers by Mothers against Drunk Drivers (M.A.D.D.). Mayor Melendez introduced Police Chief Cleary who provided recognition to the Lake Elsinore Mothers against Drunk Drivers (M.A.D.D). Police Chief Cleary stated the current Mission of MADD is to stop drunk driving, support the victims of the violent crimes and prevent under age drinking. He indicated MADD has been instrumental in under age drinking laws and the law enforcement community which is critical in reducing alcohol related deaths and injuries. He stated MADD recognizes Police Officers and agencies that have made an effort to reduce the number of drunk drivers. He recognized Officer's Bradley Bryan, Richard Butts and Fred Boom who were among 115 officers who were recognized by MADD in 2010. Page 16 of 49 Regular City Council Study Session Page 3 of 9 March 23, 2010 Recognition of Police Officers who participated in Law Enforcement Challenge 2008. Lieutenant Fontneau presented recognition to the Lake Elsinore Police Officers for the State wide Law Enforcement Challenge 2008 Award for their outstanding achievement in traffic safety. • Certificates of Appreciation to the students in the Regional Occupation Program (ROP) from Murrieta Valley High School, Vista Murrieta High School, Paloma High School, and Chaparral High School. Mayor Melendez introduced Rick DeSantiago who works in the Public Works Division for the City. Rick DeSantiago presented Certificate of Appreciation to the students who participated in the ROP program that helped repair a city owned vehicle which was damaged in an auto accident. The students received hands-on training while saving the City time and money. The students that received the Certificate of Appreciation were from Murrieta Valley High School, Vista Murrieta High School, Paloma High School and Chaparral High School PUBLIC COMMENTS Chris Hyland, resident of the City addressed the City Council with her concerns regarding Consent Calendar Item la, Michel Knight vs. City of Lake Elsinore. Ms. Hyland reviewed the Minutes from February 23, 2010 City Council Meeting and the City Council Agenda for the March 23, 2010 which she felt the citizens should have knowledge of what transpired. She also spoke of former City Clerk Debi Thomsen and how she brought to light to what appears to be election violations by the recall group regarding documents not properly submitted. She expressed her appreciation with all her work. CONSENT CALENDAR 2. Approval of City Council Minutes Recommendation: Approve the following minutes: City Council / Redevelopment Agency / Public Finance Authority Joint Study Session Minutes of February 23, 2010. 2. Regular City Council Minutes of February 23, 2010. Page 17 of 49 Regular City Council Study Session March 23. 2010 3. Warrant List Dated March 15, 2010 Page 4 of 9 Recommendation: Authorize payment of Warrant List dated March 15, 2010. 4. Investment Report -February 2010 Recommendation: Receive and file. 5. Lake Elsinore Municipal Code Waiver for Warrior Dash Race Special Event Recommendation: That the City Council waive the Lake Elsinore Municipal Code section 8.40.040A (alcohol is prohibited in City parks) and 9.28.030 (furnishing alcoholic beverages in public) for the proposed Warrior Dash Race Special Event, subject to compliance with all other conditions for the event. 6. Lake Elsinore Municipal Code Waivers and Approval for Frontier Days Special Event Recommendation: That the City Council waive the Lake Elsinore Municipal Code section 8.40.040A (alcohol is prohibited in City parks) and 9.28.030 (furnishing alcoholic beverages in public) for the proposed Frontier Days Special Event, subject to compliance with all other conditions for the event as approved by the City Manager. 7. Planning Commission Recruitment/Appointment Process Recommendation: It is recommended the City Council (1) Direct staff to proceed with the appointment/recruitment process in order to fill two (2) Planning Commission seats at the June 23, 2010 City Council meeting. 8. Exception to Bid Procedures for Purchases of Engine and Outdrive for Pontoon- barge Recommendation: It is recommended that the City Council approve the exception to bid procedures to bypass the formal bid process and award the purchase to the lowest informal bidder, Boatswain's Locker, in the amount of $17,423.93. 9. Replacement of Country Club Heights Survey Monuments Contract Award Recommendation: It is recommended that City Council (1) award the contract to replace survey monuments in Country Club Heights to KDM Meridian for $32,500; and (2) authorize the Mayor to execute the contract with KDM Meridian. Page 18 of 49 Regular City Council Study Session Page 5 of 9 March 23, 2010 10. Extension of Time for Grant of Temporary Construction Easements to Elsinore Valley Municipal Water District Recommendation: That the City Council approve the extension of time for the temporary construction easements and execute agreement with EVMWD for a six (6) month extension. 11. Quitclaim of 2 Detention Basin Lots within Tract 31706 Recommendation: That the City Council authorize City staff to process a quitclaim deed over lot "KK" of Tract 31706-1 and lot "MM" of Tract 31706-4. 12.A Resolution of the City Council of the City of Lake Elsinore declaring its Intention to Vacate Public Street in Tract 31706 Recommendation: That the City Council adopt Resolution No. 2010-013 of intention to vacate the public road easement rights and reserve a public utility easement, an emergency vehicle access easement, and a private road easement. 13. Consultant Selection for Modification and recirculation of the Environmental Impact Report (EIR) for the City of Lake Elsinore General Plan Update, Housing Element, Downtown Master Plan, and Climate Action Plan. Recommendation: That the City Council authorize the City Manager to enter into a contract with RFB Consulting to prepare the City of Lake Elsinore Modification and Recirculation of the General Plan Update EIR in an amount not to exceed $35,990.50. 14.Final Construction Change Order for SF - 74 / 1 -15 Interim Interchange Improvements Recommendation: That the City Council (1) Approve the use of Measure-A funds in the amount of $41,000; $31,000 for budget reconciliation and $10,000 for "As Built" plans; and (2) Authorize the City Manager to execute the Contract Change Order. 15. Receive and File the Annual Special Tax Levy Report for the City's Community Facilities District for FY 2009-10 Recommendation: That the City Council receive and file this report. Council Member Buckley advised the public of the recruitment process for the Planning Commission applications which commences April 12th through May 12th 2010. Page 19 of 49 Regular City Council Study Session March 23, 2010 Page 6 of 9 It was moved by Council Member Buckley and seconded by Mayor Pro Tern Bhutta to approve Consent Calendar Items No. 2 through 15. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None PUBLIC HEARING(S) There are none. APPEAL(S) There are none. BUSINESS ITEM(S) 16.Modification to Grading Permit for the project known as La Strada, located within the Northern Portion of the Canyon Creek Specific Plan, To Permit Supplemental Grading of the Following: 22 remainder Lots, A Park site, Four (4) Residential Street, Drainage Ditches and Processing of Class II Base. Recommendation: It is recommended that the City Council continue this matter off calendar. It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Magee to continue the item off calendar. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None 17.Second Reading - an Ordinance of the City Council of the City of Lake Elsinore, California Amending Chapter 5.48, Section 5.48.010, 5.48.020, 5.48.030, 5.48.040, 5.48 110 and 5.48.210 of the Lake Elsinore Municipal Code Regarding Bingo. Recommendation: It is recommended that the City Council waive further reading and adopt Ordinance No. 1274 by title only: An Ordinance of the City Council of the City of Lake Elsinore, California, amending Chapter 5.48, Sections 5.48.010, 5.48.020, 5.48.030, 5.48.040, 5.48.110 and 5.48.210 of the Lake Elsinore Municipal Code regarding Bingo. It was moved by Council Member Hickman, and seconded by Council Member Magee introduce by title only Ordinance No. 1274 amending chapter 5.48, Sections 5.48.020, 5.48.030, 5.48.040, 5.48.110 and 5.48.210 of the Lake Elsinon Code Regarding bingo. The motion unanimously carried by the roll-call v Council Members: Buckley, Hickman, and Magee, Mayor Pro Tem Bhutta Melendez. Noes: None 5.48.9010, Municipal ate: Ayes: and Mayor The City Council recessed and convened to the Redevelopment Agency at 7:52 p.m. Page 20 of 49 Regular City Council Study Session March 23, 2010 The City Council reconvened at 7:55 p.m. PUBLIC COMMENTS - NON-AGENDIZED ITEMS None CITY MANAGER COMMENTS City Manager Brady commented on the following: Page 7 of 9 • Thursday, March 25th the Business Networking Mixer which would be hosted by the Storm Baseball from 5:30 p.m. to 7:30 p.m. at the Diamond Club at the Diamond Stadium. • Saturday, March 27th will be the skate Park Anniversary Celebrations from 11:00 a.m. to 1:00 p.m located at the McVicker Canyon Skate Park. For more information please call Dustin Spicer at (951) 674-9000. • Friday, April 2nd the Padres play at the Diamond at 6:05 p.m. For ticket information call (951) 245-4487. • Saturday, April 3'd would be the Children's Fair & Egg Hunt commencing at 10:00 a.m. to 1:00 p.m. at the McVicker Canyon Park. For information, please call (951) 245-0442. • Wednesday, April 7th there would be a Rosetta Canyon community meeting at 6:00 p.m. located at the Earl Warren Elementary School Performing Arts Room which is hosted by the Public Safety Advisory Commission. • Friday, April 29th there would be the Santa Fe Train Station Dedication held at the Lake Elsinore Valley Chamber of Commerce at 10:30 a.m. For further information please call (951) 245-8848. • Saturday, April 10th, there would be the Rosetta Canyon Community Park Dedication Ceremony beginning at 10:00 a.m. at the Rosetta Canyon Community Park. • Wednesday, April 14th there would be the Java Jive held at the Flour Fusion from 8:00 a.m. to 9:30 a.m. He indicated this is an opportunity for networking besides the monthly mixer to Chamber Business members. LEGAL COUNSEL COMMENTS No comments. Page 21 of 49 Regular City Council Study Session March 23, 2010 CITY COUNCIL COMMENTS Page 8 of 9 Council Member Magee commented on Tuesday, April 6th at 9:00 a.m. in front of the Riverside County Board of Supervisors, the Riverside Commission on Women will present their annual Women of the Year Awards. He indicated this year the honoree for the First District is Gina Magee for helping out with Riverside County. Council Member Hickman indicated this weekend the Outlet Center would be having their Easter Egg Program from 10:30 a.m. to 1:00 p.m. He noted the First Baptist of Lake Elsinore is offering an Easter Program this weekend. Mayor Pro Tern Bhutta reminded the audience to continue to shop locally which will help out with the community. She indicated that the Rosetta Canyon Park would be having their dedication and official opening of the Dog Park on April 10th. Council Member Buckley noted the celebration of the City's Birthday the Storm Baseball season commences with the Padres and congratulated Gina Magee on her award. He spoke of the Warrior -Race Special Event which is held on April 10th - 11 th. Mayor Melendez spoke of the Inland Empire Magazine which is distributed on a monthly basis. She stated the last issue has an article regarding the Lake Elsinore Storm on page 92 and suggested reading it as it includes pictures of the community. She wished everyone a Happy Easter. The City Council recessed back into close session at 8:02 p.m. The City Council reconvened at 8:39 p.m. CONTINUED CLOSED SESSION REPORT 1a. Conference with Legal Counsel-Existing Litigation Pursuant to (subdivision (a) of Gov't Code § 54956.9) Michel Knight vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10001036) City Attorney Leibold announced that City Council has postponed the February 23`d action to uphold the Planning Commission revocation of the Trevi Live Entertainment CUP. She stated the final announcement to this action would be made no later than April 13, 2010. 1c. Public Employee Employment Evaluation Pursuant to (Gov't Code § 54957): City Attorney City Attorney Leibold announced that an amendment to the City Attorney Employment Evaluation/Contract will take place at the next City Council meeting on April 13, 2010. Page 22 of 49 Regular City Council Study Session March 23. 2010 ADJOURNMENT Page 9 of 9 There being no further business to come before the Council the meeting was adjourned at 9:01 p.m. to closed session at 5:00 pm and the regular meeting at 7:00 pm. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE Page 23 of 49 Page 24 of 49 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 9, 2010 CALL TO ORDER - 4:00 P.M. Mayor Melendez called the Joint Study Session meeting to order at 4:02 pm. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA COUNCIL MEMBER HICKMAN COUNCIL MEMBER MAGEE COUNCIL MEMBER BUCKLEY arrived at 4:22 pm. ABSENT: NONE Also present: City Manager Brady, City Attorney Leibold, Director of Administrative, Services Riley, Community Development Director Weiner, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Information/Communications Manager Dennis and Interim City Clerk Cowley. CLOSED SESSION 1) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9) Michel Knight vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10001036) PRESENTATIONS / CEREMONIALS Mayor Melendez advised Council that the Girl Scouts would also be attending the 7:00 pm meeting to make a presentation. Proclamation Honoring the Boy Scouts of America's 100th Anniversary. PUBLIC COMMENTS There were no public comments. Page 25 of 49 Joint City Council Study Session Page 2 of 12 March 9, 2010 CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approve the following minute(s): (a) City Council / Redevelopment Agency Joint Study Session Minutes of February 9, 2010 (b) Regular City Council Minutes of February 9, 2010 (3) Warrant List Dated February 25, 2010 Recommendation: Authorize payment of Warrant List February 25, 2010. dated Council Member Hickman asked about Warrant Register Nos. 102193 to Cutting Edge Staffing and 102252 to Select Staffing. He asked why two separate staffing services were used. Director of Administrative Services Riley advised that each company specialized in the types of temporary employees they provided. Select Staffing provided a temporary receptionist and Cutting Edge Staffing provided temporary employees to assist in maintenance. Council Member Magee addressed Warrant No. 102251 to SC Engineering. He expressed his concern that the City was paying SC Engineering another $100,000 after already paying them over $700,000. He stated the City has yet to see any report or environmental documents since entering into an agreement with SC Engineering. Council Member Magee said he would like to have an audit performed to determine where the money is being spent and what services have been performed to date. Public Works Director Seumalo advised Council that he had the same concerns, especially since the original agreement was for $300,000. He did anticipate receiving a report soon, but also felt an audit was warranted. Mayor Pro Tern Bhutta asked about Warrant Nos. 102206 to Elite Elevator, Inc., 102217 to Huntington beach Honda, 102261 to Stater Bros. and 102276 to West Coast Arborists. Director of Administrative Services Riley explained that Warrant No. 102206 was for maintenance of the elevator at City Hall; 102217 was for repairs to two police motorcycles, which is something the City's mechanic cannot do; 102261 was for $10 gift certificates for the senior center and 102276 was for tree trimming various trees in the City. Page 26 of 49 Joint City Council Study Session Page 3 of 12 March 9, 2010 Council Member Hickman asked about Warrant No. 102230 to Menifee Valley Air Conditioning and asked why the City did not use someone local. City Manager Brady advised that Menifee Valley Air Conditioning is located in Lake Elsinore. Mayor Melendez asked about Warrant Register 94984 to CalPERS and was advised that that was an underpayment for retirement benefits. She then asked why there were two payments of $908.80 made to one of the temporary maintenance employees on the same date as shown by Warrant Register No. 102193. Director of Administrative Services Riley and Director of Lake and Aquatic Resources Kilroy advised that it possibly was for two different time periods but they would look into it and let her know. Mayor Melendez asked about Warrant Register No. 102194 to D & S Electric for light removal. City Manager Brady advised that that was for the removal of the lights in the trees prior to the tree-trimming and confirmed that it was something that could not be done in house. Mayor Melendez also expressed her concern regarding Warrant Register No. 102251 to SC Engineering. (4) Consideration of Resolution Reciting the Facts of the Special Recall Election Held on February 23, 2010 and Declaring the Result Thereof Recommendation: It is recommended that the City Council: (1) adopt Resolution No. 2010-011 Reciting the Facts of the Special Recall Election held on February 23, 2010, Declaring the Result and such other matters as may be provided by law; and (2) direct the City Clerk to enter on the records of the City Council, a statement declaring that as a result of the election a majority of the voters voting on the measure relating to the recall of Thomas Buckley did not vote in favor of the recall. (5) Construction of Machado Park Landscape Improvements and Installation of a New Restroom - Notice of Completion Recommendation: It is recommended that the City Council authorize the Mayor to execute the Notice of Completion and have the City Clerk file the Notice of completion with the County of Riverside. Council Member Magee advised that he has received comments from residents in the Machado Park area, who are very pleased with the outcome of the Machado Park landscaping and restrooms. He thanked staff for doing such a good job on this project. Page 27 of 49 Joint City Council Study Session Page 4 of 12 March 9, 2010 (6) Construction of Gravel Road Paving FY 2009/10 - Notice of Completion Recommendation: It is recommended that the City Council authorize the Mayor to execute the Notice of Completion and have the City Clerk file the Notice of Completion with the County of Riverside. (7) Use of Proposition 1 B funds for Pavement Rehabilitation of City Streets Recommendation: It is recommended that the City Council (1) approve the use of Proposition 1 B funds for the pavement repair of Sumner Avenue from Main Street to Chaney Street, and Heald Avenue from Main Street to Chaney Street; and (2) approve the use of Proposition 42 funds for the design of the reconstruction of Sumner and Heald. (8) Mount San Jacinto Community College Demonstration Go-Pass Program Recommendation: It is recommended that the City Council authorize the City Manager to enter into an agreement with the Riverside Transit Agency for funding of the GO-Pass Program at MSJC for the 2010-11 academic year. Scott Richardson, Manager of Planning and Programs for RTA provided a PowerPoint Presentation to the Council. Mayor Pro Tern Bhutta asked how they are reaching out to the students and what the cost to students would be. Scott Richardson replied by saying that because they are a publicly funded agency they are not allowed to promote the initiative, however, he stated the cost is $5.00 per student per semester which is a discounted rate. Mayor Pro Tem Bhutta asked how long the ride would be from the City of Lake Elsinore to MSJC. Scott Richardson replied by saying, if the bus route began at the Wal-Mart area, it would take approximately one hour to arrive to the school. Council Member Hickman noted that since this program has begun, the parking passes have lowered in cost because of a reduced demand for parking. (9) A Resolution of the City Council of the City of Lake Elsinore, California to Support the United States Census - Make Yourself Count Month March 2010 Recommendation: It is recommended that the City Council adopt Resolution No. 2010-012 Proclaiming March 2010 as Census Month. Page 28 of 49 Joint City Council Study Session Page 5 of 12 March 9, 2010 Council Member Magee asked if the Census would be counting the illegal aliens and if there would be a distinction between US legal and illegal residents. City Manager Brady did not know the answer. Council Member Buckley indicated it has been an issue; however, the answer is yes indicating one of the issues that has come up is that illegal aliens are more than likely not wanting to be counted. Mayor Melendez indicated from what she understands is that there is a huge push to make sure that the Hispanic population is counted, legal or illegal. Council Member Magee asked if the Census is also counting the homeless. Council Member Buckley confirmed the homeless are counted. (10) Extension of Term for Interim City Clerk's Personal Services Contract Recommendation: That the City Council authorize an amendment to the Personal Services contract with Ms. Cowley extending the term of the contract to May 15, 2010 in such form as may be approved by the City Attorney. (11) Agreement for Legal Services Concerning Trust of Darwin Rogers Recommendation: That the City Council authorize the City Manager to execute the attached legal representation agreement with the law firm of Reynolds Jensen & Swan LLP related to the Darwin Rogers Trust subject to any minor modifications as may be approved by the City Attorney. Council Member Magee took a moment to recognize Mr. Rogers and expressed he felt that because of the good treatment Mr. Rogers received from Finance staff is one of the reasons Mr. Rogers chose to leave all of his property to the City. (12) Exclusive Use Agreement for the Dr. Sharron Lindsay Community Center Recommendation: Approve the Exclusive Use Agreement and authorize the City Manager to execute the agreement. Council Member Magee asked if it was too late for the City not to enter into the agreement. City Manager Brady replied by saying if the Council wishes to move towards that, then staff would make the attempt. He noted there is a modification to Section 2.3 from the agreement and if the Council moves forward, then staff recommends the changes to the agreement. Page 29 of 49 Joint City Council Study Session March 9, 2010 PUBLIC HEARING(S) There are none. APPEAL(S) There are none. BUSINESS ITEM(S) Page 6 of 12 (13) Community Facilities District No. 2009-1 -Adoption of Ordinance Authorizing the Levy of a Special Tax within said District Recommendation: That the City Council adopt Ordinance No. 1273 Authorizing the Levy of a Special Tax within CFD No. 2009-1 as introduced and title read at the meeting of February 23, 2010. (14) An Ordinance of the City Council of the City of Lake Elsinore, California, Amending Chapter 5.48, Sections 5.48.010, 5.48.020, 5.48.030, 5.48.040, 5.48.110 and 5.48.210 of the Lake Elsinore Municipal Code Regarding Bingo Recommendation: Waive further reading and introduce by title only Ordinance No. 1274 Amending Chapter 5.48, Sections 5.48.010, 5.48.020, 5.48.030, 5.48.040, 5.48.110, and 5.48.210 of the Lake Elsinore Municipal Code regarding bingo. (15) Annual Financial Reports for the Fiscal Year Ending June 30, 2009 Recommendation: It is recommended that the City Council receive and file these reports. Council Member Magee noted on page 9 of 14 the miscellaneous is almost as much as the sales tax and in the future, it needs to be reduced. Mayor Melendez asked for clarification on page 3 of 14 regarding 6.3 million of the $8.8 million begins for future contingencies. Director of Administrative Services Riley responded by saying it is for a catastrophe such as a huge earthquake or flood, and the remaining 3.8 is for the supplemental reserve/rainy day fund. He stated the term future contingencies is a universal term. Mayor Pro Tern Bhutta asked about the housekeeping matters. Director of Administrative Services Riley replied it is for the internal auditor's report of the internal control of the financial reports, which is disclosed on page 3 of 14. He Page 30 of 49 Joint City Council Study Session Page 7 of 12 March 9, 2010 noted the audit took longer than normal and it was suggested to come up with a formal audit schedule and follow it as best as possible. (16) Report on the Mid-Year Status of the FY 2009-10 Budget Recommendation: The net deficit of the revenue decrease and expenditure reductions (including the decrease in the transfer out to the capital fund) is $1,142,500. As noted above, staff is recommending using the "savings" from the prior year Supplemental Revenue Fund of $897,340 and an additional $245,160 from the fund to cover the shortfall. This would leave a balance of $1,395,540 in the "Rainy Day" Fund. Council Member Magee addressed the dramatic decreases in revenues that the City has seen. He stated 17.5% decrease in property taxes alone, which is unheard of and no one projected this. He stated for a variety of reasons, the City has been hit harder than most in terms of foreclosures. He indicated the additional decrease in property tax revenue means about $1 million hit to the City's bottom line. He pointed out to Council that it is not the fault of staff or management and everyone is going to have to do the best they can to get through this. Because staff has been so frugal with the funds, they have saved the City a considerable amount of money. Council Member Hickman asked if the property transfer taxes increased. Director of Administrative Services Riley replied, because the homes have gone down to an average of $185,000 per home from a high of about $420,000.00 which was in the year 2006, there is a property transfer tax that the City receives for each home when ownership changes. Because there has been such an increase of ownership changes, the City has seen an increase of property transfer tax. Council Member Hickman asked what the "Ballpark" figure is. Director of Administrative Services replied by saying it is around .55¢ per square foot per home. Mayor Melendez asked about the fire tax credit and why staff did not anticipate this would go down. Director of Administrative Services Riley replied by saying our consultants do not provide staff with any information. He stated that information comes directly from the County Fire Department. He stated when he spoke with the County Fire; they get their information from auditor controller's office which was received in December. He stated staff is aware of it and is prepared for 2010 and 2011. Council Member Buckley noted the difficulties financially, and suggested Council consider having fireworks during the July 4th weekend to help raise money for the City. Page 31 of 49 Joint City Council Study Session March 9, 2010 Page 8 of 12 He noted that the Padres would be away, which would be a perfect opportunity for the City. The City Council recessed and convened to the Redevelopment Agency at 4:49 p.m. REDEVELOPMENT AGENCY CALL TO ORDER Chairman Magee called the meeting to order at 4:49 p.m. ROLL CALL PRESENT: CHAIRMAN MAGEE VICE CHAIRMAN BUCKLEY MEMBER BHUTTA MEMBER HICKMAN MEMBER MELENDEZ ABSENT: NONE. Also present: Executive Director Brady, Agency Counsel Leibold, Director of Administrative Services Riley, Director of Community Development Weiner, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Information/Communications Manager Dennis and Agency Secretary Cowley. PUBLIC COMMENTS - NON AGENDIZED ITEMS - 1 MINUTE No comments. PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES No comments. CLOSED SESSION 1(a) CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't code Section 54956.9: 1 potential case 1(b) CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't code Section 54956.9 potential case. Page 32 of 49 Joint City Council Study Session March 9, 2010 Page 9 of 12 Agency Counsel Leibold reported to the Agency that two cases would be discussed during Closed Session. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Joint City Council/Redevelopment Agency Meeting - February 9, 2010 b) Regular Meeting -February 9, 2010 (3) Warrant List Dated February 25, 2010 Recommendation: Authorize payment of Warrant List dated February 25, 2010 Agency Member Melendez inquired about the Lakeshore Home & Development Inc. Executive Director Brady replied that the funds were for the awnings of the City Hall. Agency Member Melendez asked if this could be handled by staff. Executive Director Brady replied by saying, normally staff could have handled this; however, due to the circumstances the City did not want to risk the liability. There being no further business to come before the Board, Chairman Magee adjourned the Redevelopment Agency Joint Study Session at 4:51 p.m. and turned the meeting over to the Public Financing Authority. PUBLIC FINANCING AUTHORITY CALL TO ORDER Chairman Hickman called the meeting to order at 4:51 p.m. ROLL CALL PRESENT: CHAIRMAN HICKMAN VICE CHAIRWOMEN BHUTTA MEMBER BUCKLEY MEMBER MAGEE MEMBER MELENDEZ ABSENT: NONE. Also present: Executive Director Brady, Agency Counsel Leibold, Director of Administrative Services Riley, Director of Community Development Weiner, Public Page 33 of 49 Joint City Council Study Session March 9, 2010 Page 10 of 12 Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Information/Communications Manager Dennis and Agency Secretary Cowley. PUBLIC COMMENTS - NON AGENDIZED ITEMS -1 MINUTE No comments. PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES No comments. CONSENT CALENDAR (2) Annual Financial Report for the Fiscal Year Ending June 30, 2009 Recommendation: Receive and File. PUBLIC HEARING(S) There are none. BUSINESS ITEM(S) There are none. There being no further business to come before the authority board, Chairman Hickman adjourned the Public Financing Authority Joint Study Session at 4:52 p.m. and turned the meeting over to the Recreation Authority. RECREATION AUTHORITY CALL TO ORDER Chairman Hickman called the meeting to order at 4:52 p.m. ROLL CALL PRESENT: CHAIRMAN HICKMAN VICE CHAIRWOMEN BHUTTA MEMBER BUCKLEY MEMBER MAGEE MEMBER MELENDEZ Page 34 of 49 Joint City Council Study Session March 9, 2010 ABSENT: NONE. Page 11 of 12 Also present: Executive Director Brady, Agency Counsel Leibold, Director of Administrative Services Riley, Director of Community Development Weiner, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Information/Communications Manager Dennis and Agency Secretary Cowley. PUBLIC COMMENTS - NON AGENDIZED ITEMS -1 MINUTE No comments. PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES No comments. CONSENT CALENDAR (2) Annual Financial Report for the Fiscal Year Ending June 30, 2009 Recommendation: Receive and File. There being no further business to come before the authority board, Chairman Hickman adjourned the Recreation Authority at 4:52 p.m. and returned the meeting back to Mayor Melendez. The City Council reconvened at 4:52 p.m. ADJOURNMENT There being no further business to come before the Council and Agency Boards, the meeting was adjourned at 4:53 pm to closed session at 5:00 pm and the regular meeting at 7:00 pm. Page 35 of 49 Joint City Council Study Session March 9, 2010 MELISSA A. MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK REDEVELOPMENT AGENCY SECRETARY Page 12 of 12 Page 36 of 49 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 23, 2010 CALL TO ORDER - 4:00 P.M. Mayor Melendez called the Joint Study Session to order at 4:02 p.m. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA COUNCIL MEMBER BUCKLEY COUNCIL MEMBER HICKMAN COUNCIL MEMBER MAGEE ABSENT: NONE Also present: City Manager Brady, City Attorney Leibold, Director of Administrative• Services Riley, Director of Community Development Weiner, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Information/Communications Manager Dennis and Interim City Clerk Cowley. CLOSED SESSION 1 a. Conference with Legal Counsel-Existing Litigation Pursuant to (Subdivision (a) of Gov't Code § 54956.9) Michel Knight vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10001036) 1 b. Conference with Legal Counsel-Existing Litigation Pursuant to (Subdivision (a) of Gov't Code § 54956.9) Delco Hagan vs. City of Lake Elsinore (Court of Appeal, 4m District, Case No. E049420) 1c. Public Employee Employment Evaluation Pursuant to (Gov't Code § 54957): City Attorney Page 37 of 49 Joint City Council Study Session March 23, 2010 PRESENTATIONS / CEREMONIALS • Chamber of Commerce Quarterly Update. Page 2 of 13 • Recognition of Elsinore High School Basketball Team City Champions (Coach Pete Retinger or Tony Peralta). • Recognition of Lake Elsinore Police Officers by Mothers against Drunk Drivers (M.A.D.D.). • Recognition of Police Officers who participated in Law Enforcement Challenge 2008. • Certificates of Appreciation to the students in the Regional Occupation Program (ROP) from Murrieta Valley High School, Vista Murrieta High School, Paloma High School, and Chaparral High School PUBLIC COMMENTS - NON AGENDIZED ITEMS No public comments. CONSENT CALENDAR 2. Approval of City Council Minutes Recommendation: Approve the following minutes: 1. City Council / Redevelopment Agency / Public Finance Authority Joint Study Session Minutes of February 23, 2010. 2. Regular City Council Minutes of February 23, 2010. 3. Warrant List Dated March 15, 2010 Recommendation: Authorize payment of Warrant List dated March 15, 2010. Mayor Pro Tern Bhutta asked staff why the Warrants lists were not in order Director of Administrative Services replied by saying staff had difficulty preparing the document, and he apologized for the error. Mayor Pro Tern Bhutta inquired about refund check no. 102313 in the amount of $3,769.52 payable to Nashet Damman. Director of Community Development Weiner indicated it was for a refund to Rio Car Wash for their Conditional Use Permit. Page 38 of 49 Joint City Council Study Session Page 3 of 13 March 23, 2010 Mayor Pro Tern Bhutta inquired about check no. 102340 payable to Golden Gate Media Group in the amount of $2,945.00. Information/Communications Manager Dennis replied by saying the funds were used for Chamber of Commerce Map Advertisements. Mayor Pro Tem Bhutta inquired about refund check no. 102417 in the amount of $9,083.00 payable to Temecula Valley Erosion Control, Inc. She asked if this company was located in the City of Temecula. Director of Public Works Director/City Engineer Seumalo responded by saying it is just outside of the City off Highway 74 and the funds were used for the La Strada project. Mayor Pro Tem Bhutta inquired about check no. 102435 payable to Z Best Body & Paint Shops, Inc. in the amount of $5,971.86. Director of Public Works Director/City Engineer Seumalo responded by saying the funds were used for vehicle repairs. Council Member Hickman inquired about check no. 102344 payable to Ham Radio Outlet, Inc. in the amount of $2,158.99. Director of Public Works Director/City Engineer Seumalo responded by saying the funds were used for emergency preparedness. Council Member Hickman asked why Southern California Edison's fees were so high. Director of Administrative Services Riley responded by saying the payment was for a lump sum for $86,000.00 which he would look into later and get that information to the City Council Mayor Melendez requested clarification regarding the Golden Gate Media Group. Information/Communications Manager Dennis responded by saying the City is purchasing a single-panel in the map which would include a business or economic development panel advertisement into the map. He stated he learned that the City could purchase supplement copies of the map, and staff would be ordering more maps to have on hand. Mayor Melendez asked if the funds payable to La Strada were a refund on the account. Director of Community Development Wiener indicated the funds were for the completion of an environmental study for the project. Mayor Melendez asked if the Temecula Valley Erosion Control, Inc was temporary and who would be taking care of the permanent erosion control measures. Page 39 of 49 Joint City Council Study Session Page 4 of 13 March 23, 2010 Public Works Director/City Engineer Seumalo replied by saying staff would continue to review and would continue to lightly monitor. He stated next year the owner would be notified to continue to keep up his property. Mayor Melendez asked if the money that was used, was taken from the bonds. Public Works Director/City Engineer Seumalo stated the funds were taken from the cash deposit. Mayor Melendez asked how much money was remaining and what the cost to maintain the property was. Public Works Director/City Engineer Seumalo replied by saying there is approximately $80,000 remaining. He stated the erosion control cost approximately $9,000 and fencing was $1,000.00. 4. Investment Report -February 2010 Recommendation: That the City Council receive and file. 5. Lake Elsinore Municipal Code Waiver for Warrior Dash Race Special Event Recommendation: That the City Council waive the Lake Elsinore Municipal Code section 8.40.040A (alcohol is prohibited in City parks) and 9.28.030 (furnishing alcoholic beverages in public) for the proposed Warrior Dash Race Special Event, subject to compliance with all other conditions for the event. Mayor Pro Tern Bhutta asked if this event was ever held before in Lake Elsinore. Director of Community Development Weiner replied by saying this would be the first time the event has been held in Lake Elsinore. Mayor Pro Tern Bhutta asked if the City would be withheld from liability Director of Community Development Weiner replied by saying the applicant completed and signed a waiver and release agreement. Mayor Pro Tern Bhutta asked whether the Beer Garden that is part of the event and would this be on City property or private property. Director of Community Development Weiner replied by saying Alcohol Beverage Control would be monitoring the event as well. He stated the event would take place both on City and private property; however the Beer Gardens would be located on private property. Page 40 of 49 Joint City Council Study Session March 23, 2010 Page 5 of 13 Mayor Melendez requested information regarding parking for the participants. Director of Community Development Weiner replied that the Storm Stadium would provide parking. Mayor Melendez asked if Police Chief Cleary reviewed the outline of the event. Director of Community Development Weiner replied by saying part of the Special Event process requires the Fire and Police Department to review the application along with the plans. 6. Lake Elsinore Municipal Code Waivers and Approval for Frontier Days Special Event Recommendation: That the City Council waive the Lake Elsinore Municipal Code section 8.40.040A (alcohol is prohibited in City parks) and 9.28.030 (furnishing alcoholic beverages in public) for the proposed Frontier Days Special Event, subject to compliance with all other conditions for the event as approved by the City Manager. 7. Planning Commission Recruitment/Appointment Process Recommendation: It is recommended the City Council (1) Direct staff to proceed with the appointment/recruitment process in order to fill two (2) Planning Commission seats at the June 23, 2010 City Council meeting. 8. Exception to Bid Procedures for Purchases of Engine and Outdrive for Pontoon- barge Recommendation: It is recommended that the City Council approve the exception to bid procedures to bypass the formal bid process and award the purchase to the lowest informal bidder, Boatswain's Locker, in the amount of $17,423.93. Mayor Pro Tem Bhutta asked if the repairs would be long term or temporary. Director of Lake and Aquatics / Parks and Recreation Director Kilroy replied by saying the life of the term would be approximately seven years. Mayor Pro Tem Bhutta asked if there was a rush and has someone been selected to conduct the repairs. Director of Lake and Aquatics / Parks and Recreation Director Kilroy stated the boat is not working and work is needed before the summer activities begin. He stated staff has already selected an individual to conduct the repairs once approved by Council. Council Member Hickman asked about the engine's power. Page 41 of 49 Joint City Council Study Session Page 6 of 13 March 23, 2010 Director of Lake and Aquatics / Parks and Recreation Director Kilroy replied by saying the type of engine would be valuable to the type of work used by the pontoon boat- barge. Mayor Melendez asked what the cost would be to purchase a new pontoon boat-barge, and how much the City has has had to pay to repair the existing pontoon boat-barge. Director of Lake and Aquatics / Parks and Recreation Director Kilroy replied by saying a new pontoon would cost approximately $80,000. He did not have the exact figure of how much has been spent to repair the boat in the past but it is not close to the $80,000 mark. 9. Replacement of Country Club Heights Survey Monuments Contract Award Recommendation: That the City Council (1) Award the contract to replace survey monuments in Country Club Heights to KDM Meridian for $32,500; and (2) Authorize the Mayor to execute the contract with KDM Meridian. Council Member Hickman asked staff what the monuments would look like. Public Works Director/City Engineer Seumalo replied by saying they would be brass-tab set in wells within the intersection and would have the appearance of a water cover valve. Public Works Director/City Engineer Seumalo replied by saying "yes, ten would be replaced". He stated once approved by Counsel, there would be a pre-construction meeting sometime next week and the work could commence sometime early April and be completed by the end of the month. He confirmed for Mayor Pro Tem Bhutta ten would be replaced. Public Works Director/City Engineer Seumalo confirmed for Mayor Melendez that the amount budgeted for the project is public information and is included in the Capital Improvement Program. He also explained this was a request for professional services and not a bid. Qualified professionals submit their qualifications, along with the cost to provide services, in a separate sealed enveloped and staff would review the cost proposals based on market rate. Council asked questions about the projects to which Public Works Director/City Engineer Seumalo advised that EVMWD was about two weeks behind schedule and that they have an encroachment permit to use Redevelopment Agency property. He also advised that the City did not require a fee for the construction. 10. Extension of Time for Grant of Temporary Construction Easements to Elsinore Valley Municipal Water District Page 42 of 49 Joint City Council Study Session March 23. 2010 Recommendation: Page 7 of 13 That the City Council: Approve the extension of time for the temporary construction easements and execute agreement with EVMWD for a six (6) month extension. Mayor Pro Tem Bhutta asked if EVMWD is on track with their time. Public Works Director/City Engineer Seumalo replied by saying they are about two weeks behind, however, city staff is working with EVMWD. Council Member Buckley asked if they were using RDA property for storage. Public Works Director/City Engineer Seumalo responded by saying EVMWD has an encroachment permit. Mayor Melendez asked if they have paid for the easement rights or is it required. Public Works Director/City Engineer Seumalo replied by saying they have not paid for the construction easement rights and is not part of the City's requirements. Mayor Melendez asked if staff was briefed as to where the Southern California Edison's facilities would be relocated and whether they would be under EVMWD umbrella. She indicated she is not comfortable with the piggybacking idea. Public Works Director/City Engineer Seumalo replied by saying the facilities would be located within the alignment and EVMWD is handling the details. He stated SCE is a temporary construction easement and staff a major issue. He stated SCE is going to co-locate with the sewer line which would be permanent. 11. Quitclaim of 2 Detention Basin Lots within Tract 31706 Recommendation: That the City Council authorize City staff to process a quitclaim deed over lot "KK" of Tract 31706-1 and lot "MM" of Tract 31706-4. Public Works Director/City Engineer Seumalo responded to a question by Council Member Hickman stated the deed is for the project and street run-off. The detention basin is designed to hold the peak amount of water and would drain effectively. Council Member Buckley asked if the detention basin is adjacent to the Canyon Lake Golf Course. Public Works Director/City Engineer Seumalo confirmed by saying "yes". Page 43 of 49 Joint City Council Study Session Page 8 of 13 March 23, 2010 12. A Resolution of the City Council of the City of Lake Elsinore declaring its Intention to Vacate Public Street in Tract 31706 Recommendation: That the City Council adopt Resolution No. 2010-013 of intention to vacate the public road easement rights and reserve a public utility easement, an emergency vehicle accesses easement, and a private road easement. Council Member Magee requested verification as to whether the Police and Fire Department have access codes to the locations, and who was responsible for street cleaning? City Manager Brady responded by saying there is an access box on the location of the gates for public safety access and the streets are private so it would be the homeowners responsibility. Council Member Magee asked who is responsible for street cleaning City Manager Brady replied by saying these are private streets and it would be the homeowners responsibility. 13. Consultant Selection for Modification and recirculation of the Environmental Impact Report (EIR) for the City of Lake Elsinore General Plan Update, Housing Element, Downtown Master Plan, and Climate Action Plan. Recommendation: That the City Council authorize the City Manager to enter into a contract with RFB Consulting to prepare the City of Lake Elsinore Modification and Recirculation of the General Plan Update EIR in an amount not to exceed $35,990.50 Mayor Melendez requested Mr. Tim Fleming to the podium Tim Fleming, resident of Lake Elsinore advised the Council that he is a member of the General Plan Advisory Committee and has stayed active during the proceedings. He asked Community Development Director Weiner if the consultants have all of the revisions and the updated maps, and land use changes including the General Plan Updates included in the modified EIR document from the December 2007 Final DEIR to the April 15, 2009 Final DEIR and to the October 14, 2008 DEIR to City Council part "A". Director of Community Development Weiner replied "Yes". Tim Fleming asked if the information would be available to the public for review before going to the consultants. Page 44 of 49 Joint City Council Study Session Page 9 of 13 March 23, 2010 Director of Community Development Weiner replied that the information is now available on the City's Web site, and when new information becomes available, staff will update the City's Web site. The full size maps are available at City Hall. 14. Final Construction Change Order for SF - 74 / 1 -15 Interim Interchange Improvements Recommendation: That the City Council (1) Approve the use of Measure-A funds in the amount of $41,000; $31,000 for budget reconciliation and $10,000 for "As Built" plans; and (2) Authorize the City Manager to execute the Contract Change Order. Mayor Pro Tern Bhutta discussed the requirements of the as built plans for CalTrans and the additional costs of $10,000 to con comply. She asked if this was a new requirement and whether the City would be reimbursed. Public Works Director/City Engineer Seumalo advised it is not a new requirement. Staff should have included the cost in the FY budget, however it was an oversight. He confirmed that the engineer would need to review the original plans which would take approximately one addition month and that some TUMF fees are forthcoming in the amount of $30,000.00. Council Member Hickman pointed out the landscaping along Hwy 74 and asked if this was a temporary fix and if so, when would it be fixed. Public Works Director/City Engineer Seumalo stated staff is in the process of reconfiguring the Freeway Interchange project now. The widening of the ramps are temporary and the widening under the Freeway is permanent. 15. Receive and File the Annual Special Tax Levy Report for the City's Community Facilities District for FY 2009-10 Recommendation: That the City Council receive and file. Council Member Hickman asked if we have all of the necessary funds Dennis Anderson consultant for the City responded by saying the funds are all in place to cover the debt services payments for all of the bonds. The City has been very successful at collecting delinquent taxes for fiscal year 2008/2009 which the City began 2008/2009 with over 1,000 delinquent properties, are now down to 119 properties. Council Member Hickman noted that he was approached by a resident who lives at the bottom of Tuscany Hills and asked if the homeowners have a special tax. Dennis Anderson responded by saying below Tuscany Hills there is a CFD 98-1 called Summerhill which is required for the 432 homes which are in its own special tax district. Page 45 of 49 Joint City Council Study Session Page 10 of 13 March 23, 2010 There taxes are significantly higher than the Tuscany Hills area and have a few more years before the bonds could be refunded. Council Member Hickman asked what is included in the "Summer Hill Public Improvement". Dennis Anderson responded by saying the improvement includes construction of the public roads, water systems, sewer system and all of the major infrastructure that was built before the homes were built. PUBLIC HEARING(S) There are none. APPEAL(S) There are none. BUSINESS ITEM(S) 16. Modification to Grading Permit for the project known as La Strada, located within the Northern Portion of the Canvon Creek Specific Plan, To Permit Supplemental Grading of the Following: 22 remainder Lots, A Park site, Four (4) Residential Street, Drainage Ditches and Processing of Class II Base. Recommendation: That the City Council continue off calendar. 17.Second Reading - an Ordinance of the City Council of the City of Lake Elsinore, California Amending Chapter 5.48, Section 5.48.010, 5.48.020, 5.48.030, 5.48.040, 5.48.110 and 5.48.210 of the Lake Elsinore Municipal Code Regarding Bingo. Recommendation: It is recommended that the City Council waive further reading and adopt Ordinance no. 1274 by title only: An Ordinance of the City Council of the City of Lake Elsinore, California, Amending Chapter 5.48, Sections 5.48.010, 5.48.020, 5.48.030, 5.48.040, 5.48.110, and 5.48.210 of the Lake Els9nore Municipal Code Regarding Bingo. Mayor Pro Tern Bhutta asked staff if there are any known fees associated with the permit. City Attorney Leibold responded by saying a permit is necessary in order to operate a Bingo game, however the fees are unknown. PUBLIC COMMENTS - NON-AGENDIZED ITEMS None Page 46 of 49 Joint City Council Study Session Page 11 of 13 March 23, 2010 The City Council recessed and convened to the Redevelopment Agency at 4:36 p.m. All members of the Agency were present. REDEVELOPMENT AGENCY CLOSED SESSION 1. Conference with Legal Counsel-Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case. 2. Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 potential case. CONSENT CALENDAR ITEM(S) 2. Approval of Redevelopment Agency Minutes Recommendation: Approve the following Redevelopment Agency Minutes: 1. Joint Meeting -February 23, 2010 2. Regular Meeting -February 23, 2010 3. Warrant List Dated March 15, 2010 Recommendation: Authorize payment of Warrant List dated March 15, 2010. Agency Member Bhutta requested an explanation regarding the Lake Elsinore Unified School District, Mt. San Jacinto Jr. College and the Riverside County Office of Education pass through. City Attorney Leibold responded by saying, when the Redevelopment Agency adopted the redevelopment plan, at the time of the adoption process there was a process called fiscal review. Through the negotiations with effective taxing entities the Redevelopment Agency and the various taxing entities that were identified reach an agreement as to a portion of the tax increment that would be passed through to those taxing agencies to mitigate the fiscal impacts of redevelopment. Chairman Magee noted the three entities noted are collecting more than a half million dollars and requested the City Attorney to explain their obligation to the Redevelopment Agency. Page 47 of 49 Joint City Council Study Session Page 12 of 13 March 23. 2010 City Attorney Leibold stated the agreement requires that the school district annually present a construction plan identifying capitol facilities that would benefit from the tax increments. In addition to submitting the annual construction plan, 50% of the monies that the agency passes through to those various taxing entities must be spent on eligible school facilities; and upon request, they are to provide a report to the City. Chairman Magee asked if those documents were available to the Redevelopment Agency and to the public. City Attorney Leibold replied by saying the school district has never submitted a construction plan since 1987. Agency Member Melendez asked if staff has ever requested a report. City Attorney Leibold replied by saying she is not aware of a request having been made. 4. Investment Report- February 2010 Recommendation: Receive and file. PUBLIC HEARING(S) There are none. BUSINESS ITEM(S) There are none. There being no further business before the Redevelopment Agency, Chairman Magee adjourned the meeting at 4:41 p.m. The City Council reconvened at 4:41 p.m. PUBLIC COMMENTS - NON AGENIZED ITEMS - 3 MINUTES John O'Doherty owner of property located at south east corner of 3rd and Collier Avenue advised the City Council the results of his lawsuit regarding his property and how it is the City's responsibility to manage and monitor the flood plain. He indicated the issues remain and the City has not fulfilled their obligation and now there is a serious situation. Mayor Melendez suggested Mr. O'Doherty speak with Public Works Director/City Engineer Seumalo. Council Member Buckley noted an email he received from Mr. O'Doherty earlier with multiple attachments which he would provide a copy to the entire City Council. Page 48 of 49 Joint City Council Study Session Page 13 of 13 March 23, 2010 EXECUTIVE DIRECTOR COMMENTS No comments. LEGAL COUNSEL COMMENTS City Attorney Leibold announced that the City Council would adjourn to Closed Session at 5:00 p.m. to discuss the items listed as 1a through 1c under Closed Session. CITY COUNCIL COMMENTS Council Member Buckley noted that SCAG general assembly is in May and if the City Council requests to appoint someone to attend, there would be a pre-registration form to complete. ADJOURNMENT There being no further business to come before the Council and Agency Boards, the meeting was adjourned at 4:55 p.m. to closed session at 5:00 pm and the regular meeting at 7:00 pm. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE Page 49 of 49