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HomeMy WebLinkAboutRDA Item No. 2CITY C)FjOrAjet~,R,~% LAI EE 09 LS1110KE DREAM EXTREME ru REPORT TO THE REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: JULY 28, 2009 SUBJECT: APPROVAL OF MINUTES Discussion The following Redevelopment Agency Minutes are submitted for approval as follows: (a) Joint Study Session City Council / Redevelopment Agency June 9, 2009 (b) Redevelopment Agency Regular Meeting June 9, 2009 Recommendation Approve the Minutes as submitted. Prepared by: Debora Thomsen City Clerk UUU Approved by: Robert A. Brady City Manager RDA July 28, 2009 Item No. 2 Page 1 of 16 Page 1 of 11 CITY OF LAKE ELSINORE JOINT CITY COUNCIL / REDEVELOPMENT AGENCY STUDY SESSION - AGENDA REVIEW MINUTES June 91h, 2009 (not official until approved) CITY COUNCIL CALL TO ORDER - 4:00 PM Mayor Magee called the regular meeting of the Lake Elsinore Joint City Council / Redevelopment Agency Agenda Review Study Session to order at 4:00 p.m. on Tuesday, June 9th, 2009 in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tern Melendez, Councilmember Bhutta, Councilmember Hickman. ABSENT: Councilmember Buckley. Also present: City Manager Brady, Deputy City Attorney Leibold, and Office Specialist Porche. Staff members present included Acting Administrative Services Director Riley, Public Works Director / City Engineer Seumalo, Acting Community Development Director Weiner, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Police Chief Cleary, Fire Chief Hendershot, Information / Communications Manager Dennis, and Building and Code Enforcement Manager Chipman. PRESENTATIONS / CEREMONIALS Korn Memorial Scholarships - Elsinore High School, Temescal Canyon High School and Lakeside High School Update regarding the Lake Elsinore Unified School District; by Jose Carvajal Mayor Magee stated he received an outline of the Korn recipients and would call on Information / Communications Manager Dennis to help him with the announcements and the presentations. RDA July 28, 2009 Item No. 2 Page 2 of 16 Lake Elsinore City Council Agenda Joint Study Session for Aq~enda Review Meeting of June 9` , 2009 Page 2 of 11 PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Tim Fleming spoke regarding Code Enforcement issues related to Graffiti's Prevention Plan and processes. He complained about recent graffiti in his neighborhood, and stated he would be attending the next Public Safety Advisory Commission to lodge his complaint there also. Councilmember Hickman questioned who he called and what response he received. Mr. Fleming stated his problem is there is no particular person to speak with. Mayor Magee referred Mr. Fleming to speak with Police Chief Cleary and informed him there was a Graffiti hotline number and information on the City's Website. Mayor Pro Tem Melendez questioned if Graffiti was referenced in the Lake Elsinore Municipal Code, to which City Attorney Leibold responded it was. CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item) (2) Approval of City Council Minutes - NO QUESTIONS OR COMMENTS Recommendation: Approve the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency April 14, 2009 (b) City Council Meeting Minutes April 14, 2009, April 28, 2009 (3) Warrant List Dated May 28, 2009 Recommendation: Authorize payment of Warrant List dated May 28, 2009. Councilmember Hickman questioned the following items to which Acting Administrative Services Director Riley and Consultant Dennis Anderson responded: RDA July 28, 2009 Item No. 2 Page 3 of 16 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of June 9t , 2009 Page 3 of 11 Warrant No. 99659 AmeriPride Service: Mr. Riley stated AmeriPride was responsible for the Parks and Recreation Department's uniform cleaning. Warrant No. 99704 Express Dry Cleaners: Mr. Riley stated Express Dry Cleaners is used by Code Enforcement. Warrant No. 99669 Burke, Williams & Sorenson: Mr. Riley responded, stating Burke, Williams & Sorenson are the attorneys used when dealing with Community Facilities District's. They are responsible for handling and distributing the funds. Councilmember Hickman questioned if the City received any money, to which Mr. Riley responded the City does receive interest. Councilmember Hickman then questioned if the City could refinance CFD loans to lower interest rates of the CFD bonds. Consultant Dennis Anderson stated possibly some of the older loans could be refinanced and he would look into this matter. Warrant No. 99735 Lake Chevrolet: Councilmember Hickman questioned the charge regarding Lake Chevrolet. Mr. Riley stated the charge was regarding the purchase of the Hybrid Vehicles which would be funded from AQMD & NPDES Grant money. Warrant No. 99751 Ortiz Enterprise: Councilmember Hickman questioned the charge. Mr. Riley stated this was for the 1-15 and SR 74 project. Warrant No. 99745 NBS Government Finance Group: Councilmember Hickman questioned the charges for the Finance Group. Mr. Riley responded Consultant Dennis Anderson was responsible for handling the CFD's & LLMD's, and the NBS Group handles the 5 Assessment Districts. Warrant No. 99665 BioTox. Laboratories: Councilmember Bhutta questioned what the laboratory work was used for. Mr. Riley responded this was a Police Department expense for blood testing for drugs. RDA July 28, 2009 Item No. 2 Page 4 of 16 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of June 9t w, 2009 Page 4 of 11 (4) Claims Against the Citv. - NO QUESTIONS OR COMMENTS Recommendation: Reject the claims listed above and direct the City Clerk's Office to send a letter informing the claimants of the decision. (5) California Department of Fish & Game Streambed Alteration Agreement Recommendation: Approve the Agreement and authorize the City Manger to execute the Agreement, subject to minor modifications as approved by the City Attorney. Mayor Pro Tern Melendez questioned the financing process. Director Kilroy responded the insurance was to complete the Mitigation. Councilmember Hickman questioned Options A, B and C. Director Kilroy stated the 3 options proposed are all at the same location. The difference between them is the depth and width. Mayor Pro Tern Melendez questioned the cost and asked how long the Qualified Biologist would be onsite. Director Kilroy stated there was no cost of property since the property is owned by the City and could not give a definite time since the priority was the grubbing the area and taking down the vegetation. Director Kilroy responded the Biologists would be used during the bird nesting season and during the time when grubbing was done. Councilmember Hickman questioned where the funding was coming from. Director Kilroy responded initially a $3 million Grant was received from Boating and Waterways. He further stated the City would go out to bid for the engineering & environmental work. This portion of the project would be financed, and there was always the possibility of future grant funds. Mayor Magee asked if a Performance Bond or Construction Bond could be chosen in lieu of a Certificate of Deposit, the Bonds would cost less. Director Kilroy stated he would look into this aspect. (6) Campground & Boat Launch Facility Status Report Recommendation: Receive and file. Mayor Pro Tern Melendez confirmed EVMWD had agreed to pay their fair share capitol cost. Director Kilroy stated the entrance would be moved to Lincoln Street to add deceleration of a lane off of SR 74 which requires a lift-station of EVMWD to be moved. RDA July 28, 2009 Item No. 2 Page 5 of 16 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of June 9~ , 2009 Page 5 of 11 (7) (8) (9) Mayor Pro Tem Melendez questioned how our fair share is determined and if there was a Letter of Intent. Director Kilroy stated our fair share is 60 percent, and he is not sure yet regarding a Letter of Intent. Councilmember Hickman wanted to know where the financing is from. Director Kilroy stated he is waiting to see what is available for spending. Mayor Magee noted that Congressman Issa's office is helping out with the financing. Amendment to add Water Districts to WRCOG Governing Board NO QUESTIONS OR COMMENTS Recommendation: Approve the Amendment to the Joint Powers Agreement of WRCOG to add the Eastern Municipal Water District and the Western Municipal Water District to the WRCOG. CALTRANS Cooperative Agreement for 1-15 / State Route 74 Interchange NO QUESTIONS OR COMMENTS Recommendation: Enter into a Cooperative Agreement with CALTRANS for the Project Approval and Environmental Documentation (PAED) phase of the 1-15 / SR 74 Interchange Improvement Project. Excel Contract Award Recommendation: Approve the Second Amendment to the Services Contract between the City and Excel Landscaping, Inc. to provide that: a) Excel Landscape, Inc. will maintain all city streetscape identified in Exhibit B to the proposed Second Amendment for a contract price not to exceed $158,940.; and b) The City Manager has the authority to grant up to two 1-year extensions at the same $158,940. contract price based upon the City Manager's determination that Excel has satisfactorily performed the contract services during the prior year. Mayor Magee stated Excel Landscaping is doing a great job, noting the water turf they put in the medians are working great. He stated his concern regarding the City's decision to kill the grass by not watering on Grape Street. Public Works Director / City Engineer Seumalo stated they were able to stop the watering on Grape Street and stopped the program. RDA July 28, 2009 Item No. 2 Page 6 of 16 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of June 9~ , 2009 Page 6 of 11 Mayor Pro Tem Melendez responded stating the turf has not been taken out, and asked what is being replaced. She also questioned when Grape Street would be completed. Director Seumalo stated drought tolerant products are being added to the turf and Grape Street should be completed within this month. Councilmember Bhutta noted this was planned for Lincoln as well. Director Seumalo noted he would get a schedule together for the Council. Councilmember Hickman congratulated Director Seumalo for lowering the cost. PUBLIC HEARING(S) None. APPEAL(S) None. BUSINESS ITEM(S) (10) Year 2009-10 - Approval of Engineer's Reports and Resolutions of Intention Recommendations: 1. Waive further reading and adopt a Resolution approving the Engineer's Report for the Citywide LLMD. 2. Waive further reading and adopt a Resolution declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the Citywide LLMD and setting a public hearing for July 14, 2009 3. Waive further reading and adopt a Resolution approving the Engineer's Report for the LLMD No. 1 4. Waive further reading and adopt a Resolution declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the LLMD No. 1 and setting a Public Hearing for July 14, 2009. RDA July 28, 2009 Item No. 2 Page 7 of 16 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of June 9~ , 2009 Page 7 of 11 Mayor Magee asked City Manager Brady if there had been a discussion with Southern California Edison regarding cost and if the City could possibly reduce or fix their current fees on our common areas. City Manager Brady responded one way to reduce current charges is to use low effect light fixtures. Councilmember Hickman verified with Consultant Anderson there was no increase in the LLMD rates. Mayor Magee stated this would be beneficial City-wide and recommended the City be pro-active. (11) City Council Policy with respect to event tickets (Form 802) Recommendation: a) Adopt Resolution No. 2009 , Resolution of the City Council of the City of Lake Elsinore, California, regarding the Receipt and Distribution Policy of Tickets and / or Passes in the Furtherance of the City's Reasonably Defined Public Purposes; and b) Direct the City Clerk with the assistance of the City Attorney and City Manager to format the policy provisions contained in the Resolution into a City Council Policy consistent with those set forth in the City Council Policy Manual and to post the Policy on the City's website and to take such other actions and as are required to comply with applicable FPPC Regulations. Councilmember Hickman requested clarification from Attorney Leibold. In addition, the Council had multiple questions such as, if tickets received have to be listed on the Form 700; if tickets previously received had been given away, who they could be given to and how would this be reported; when this change was made and by who; the Fair Political Practices Commission's (FPPC) rules; and when will this go into effect. Attorney Leibold responded the City needed to adopt a policy and post it on the City's Website. She stated there were some restrictions regarding who the tickets could be given to and noted the FPPC came out with information February, 2009. Attorney Leibold stated she received information from the FPPC, and she would work with the City Manager and the City Clerk to put a written policy in place, however, the Resolution stated the criteria and would be effective immediately. RDA July 28, 2009 Item No. 2 Page 8 of 16 Lake Elsinore City Council Agenda Joint Study Session for Aq~enda Review Meeting of June 91W, 2009 Page 8 of 11 (12) Letter Agreement for Tracking Automated and Graffiti Reporting System (TAGRS) Six Month Trail Demonstration Recommendation: Approve and authorize the City Manager to execute a letter agreement with Orange County Sheriff-Coroner Department for a six month demonstration and customized configuration of TAGRS for use by the City of Lake Elsinore and the Lake Elsinore Police Department (LEPD). Information / Communications Manager Dennis introduced Orange County Sheriffs Department personnel; Lieutenant James Rudy, Deputy David Beeler, and TAGERS software creator Mr. Ramin Aminloo (from their Information Technology Department). They spoke about the TAGRS system gave a presentation demonstrating the system's effectiveness. Mayor Magee requested they show the presentation at the Council meeting at 7:00 p.m. Councilmember Hickman requested they meet with Mr. Fleming who spoke earlier in the meeting. (13) Draft Agreement with the United States Department of Agriculture Forest Service to Base the Hawaii Mars Air Tanker on Lake Elsinore during the fire season. Recommendation: Approve Agreement in substantially the form attached and authorize the City Manager to finalize and execute the Agreement with the U.S. Department of Agriculture Forest Service to locate the Coulson Hawaii Mars Air Tanker on Lake Elsinore during the fire season. Mayor Magee requested California Fire Chief Hendershot to say a few words at the Council Meeting. Fire Chief Hendershot responded noting on Page 3 of the Agreement, Section 4, states the Forest Service is responsible for the Operations on Lake Elsinore, specifically Retired Fire Safety Specialist Norman Davidson, who can be reached at 951-674-3124, Ext. 302. Chief Hendershot requested a correction be made to the Agreement, Section 4.02, paragraph numbered ii, which refers to the type of activity, the sentence starting with "least twenty four (24) hours in advance of operating the aircraft , the word "operating" should be changed to fueling" and to remove Norman Davidson, as he has retired and all calls should be referred to the Riverside County Fire Department. RDA July 28, 2009 Item No. 2 Page 9 of 16 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of June 9~ , 2009 Page 9 of 11 City Manager Brady noted the cost is $175. to pay for law enforcement, which would cover fuel and the officers. Mayor Pro Tern Melendez questioned if they had the latest copy of the Agreement, to which City Manager Brady responded he will provide them with an updated copy. Mayor Magee questioned who will make contact with Skylark, to which City Manager Brady responded radio would be the form of communication if the Agreement is approved, then more of their equipment will be moved here the next day. The Mayor questioned the cost; City Manager Brady responded it was $6,000. contingent upon how often they will land, which depends upon the fire season. Chief Hendershot reminded the Council the contract is with the United States Forest Service, not California Fire. REDEVELOPMENT AGENCY Vice Chair Bhutta conducted the Redevelopment Agency portion of the meeting in the absence of Chairman Buckley. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes NO QUESTIONS OR COMMENTS Recommendation: Approve the following minute(s): (a) Regular meeting of the Redevelopment Agency - April 14, 2009 RDA July 28, 2009 Item No. 2 Page 10 of 16 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of June 9' , 2009 Page 10 of 11 (3) Warrant List Dated May 28, 2009 Recommendation: Authorize payment of Warrant List dated May 28, 2009. Mayor Pro Tern Melendez questioned the following items to which Acting Administrative Services Director Riley and Agency Counsel Leibold responded: Warrant No. 6048 and 6670 Burke, Williams & Sorenson: Mr. Riley stated this was the same company used for the same purpose as with the City Council; stating Burke, Williams & Sorenson are the attorneys used when dealing with Community Facilities District's. They are responsible for handling and distributing the funds. He further stated the $11,000. charge is for the month of April and the $32,000. is for the months of February and March. He further clarified they were issued hand checks. Warrant No. 6674 Keyser Marston Associates: Agency Counsel Leibold stated Keyser Marston's work is related to the Redevelopment Agency's Plan Amendments. In addition, they were the financial Consultant who evaluated the Bridge Housing Performa. PUBLIC HEARING(S) None. BUSINESS ITEM(S) None. CLOSED SESSION City Attorney / Agency Council Mann gave an overview of each Closed Session item for the City Council and for the Redevelopment Agency. She further stated regarding the City Council Closed Session Item 1B, the Agenda states there are 2 potential Anticipated Litigation cases; however, only one will be discussed tonight. The meeting was then adjourned to the Closed Session meeting. RDA July 28, 2009 Item No. 2 Page 11 of 16 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of June 9t , 2009 Page 11 of 11 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 (113) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases REDEVELOPMENT AGENCY CLOSED SESSION 1) CONFERENCE WITH (Gov't Code 54956.8) Property: Agency Negotiator: Negotiating parties: Under negotiation: ADJOURNMENT REAL PROPERTY NEGOTIATOR APN 375-023-058 Executive Director Brady Lake Elsinore Redevelopment Agency and US Bank / JP Morgan Mortgage Trust # 2006-A2 Price and terms of payment The City Council and the Redevelopment Agency adjourned to Closed Session meeting scheduled to be held at 5:00 p.m. The next scheduled Joint Study Session is scheduled to be held on Tuesday, June 23rd, 2009, at 4:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Dana Porche Dana Porche Office Specialist City of Lake Elsinore, California RDA July 28, 2009 Item No. 2 Page 12 of 16 Page 1 of 4 CITY OF LAKE ELSINORE REDEVELOPMENT AGENCY MEETING MINUTES June 91h, 2009 (not official until approved) CALL TO ORDER Vice Chair Bhutta called the Closed Session meeting of the Lake Elsinore Redevelopment Agency held on Tuesday, June 9th, 2009 to order at 5:00 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Vice Chair Bhutta, Agency member Hickman, Agency member Magee, Agency member Melendez. ABSENT: None. Also present: Executive Director Brady, Agency Counsel Leibold, and Office Specialist Porche. 5:00 P.M. CONVENE THE MEETING There was no one who wished to speak regarding a Closed Session item. RECESS TO CLOSED SESSION CLOSED SESSION 1) CONFERENCE WITH (Gov't Code 54956.8) Property: Agency Negotiator: Negotiating parties: Under negotiation: REAL PROPERTY NEGOTIATOR APN 375-023-058 Executive Director Brady Lake Elsinore Redevelopment Agency and US Bank / JP Morgan Mortgage Trust # 2006-A2 Price and terms of payment CALL BACK TO ORDER - 7:00 P.M. RDA July 28, 2009 Item No. 2 Page 13 of 16 Lake Elsinore Redevelopment Agency Meeting Regular Meeting Minutes of June 9, 2009 Page 2 of 4 ROLL CALL PRESENT: Chairman Buckley (7:07 pm), Vice Chair Bhutta, Agency member Hickman, Agency member Magee, Agency member Melendez. ABSENT: None. Also present: Executive Director Brady, Agency Counsel Leibold, and Office Specialist Porche. Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Police Chief Cleary, Fire Chief Hendershot, and Information / Communications Manager Dennis. CLOSED SESSION REPORT Agency Counsel Liebold gave a brief overview of the Closed Session item stating Council met at 5:00 p.m. for discussion and stated there was no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE There was no one present who wished to speak regarding a non-agenized item. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES There was no one present who wished to speak regarding an agenized item. CONSENT CALENDAR APPROVED (2) Approval of Redevelopment Agency Minutes Recommendation: Approved the following minute(s): (a) Regular meeting of the Redevelopment Agency - April 14, 2009 RDA July 28, 2009 Item No. 2 Page 14 of 16 Lake Elsinore Redevelopment Agency Meeting Regular Meeting Minutes of June 9, 2009 Page 3 of 4 (3) Warrant List Dated May 28, 2009 Recommendation: Authorized payment of Warrant List dated May 28, 2009. MOTION was made by Vice Chair Bhutta, second by Agency member Magee to approve the Consent Calendar as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PUBLIC HEARING(S) None. BUSINESS ITEM(S) None. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES There was no one present who wished to speak regarding a non-agenized item. EXECUTIVE DIRECTOR COMMENTS None. LEGAL COUNSEL COMMENTS None. BOARDMEMBER(S) COMMENTS None. RDA July 28, 2009 Item No. 2 Page 15 of 16 Lake Elsinore Redevelopment Agency Meeting Regular Meeting Minutes of June 9, 2009 Page 4 of 4 ADJOURNMENT There being no further business to come before the Redevelopment Agency (RDA) Chairman Buckley adjourned the Redevelopment Agency portion of the meeting at 8:09 p.m. for the City Council to conclude their meeting. Mayor Magee reconvened the City Council portion at 8:09 p.m. and proceeded with the rest of the City Council Meeting. The next regular meeting of the Redevelopment Agency of the City of Lake Elsinore is scheduled for Tuesday, June 23rd, 2009, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Dana TorcU Dana Porche Office Specialist City of Lake Elsinore, California RDA July 28, 2009 Item No. 2 Page 16 of 16