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HomeMy WebLinkAbout2009-10-27 RDA Item No. 2 C LA.K LSIO DREAM EXTREME REPORT TO THE REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: OCTOBER 27, 2009 SUBJECT: APPROVAL OF MINUTES Discussion The following Redevelopment Agency Minutes are submitted for approval as follows: (a) City Council / Redevelopment Agency Joint Study Session Meeting Minutes September 22, 2009 (b) Redevelopment Agency Regular Meeting October 13, 2009 Recommendation Approve the Minutes as submitted. Prepared by: Debora Thomsen City Clerk Approved by: Robert A. Brad City Manager RDA Agenda 10 -27 -2009 Item No. 2 Page 1 of 21 Page 1 of 16 CITY OF LAKE ELSINORE JOINT CITY COUNCIL / REDEVELOPMENT AGENCY STUDY SESSION - AGENDA REVIEW MINUTES September 22 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, September 22 "d , 2009 in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tem Melendez Councilmember Bhutta (4:02), Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Information / Communications Manager Dennis, Director of Lake and Aquatics and Interim Parks and Recreation Director Kilroy, Building and Safety Manager Chipman. PRESENTATIONS / CEREMONIALS Citizen Corps Recognition Mayor Magee noted the first graduating class of the Citizen Corp would be honored. He would call Public Works Manager Bill Payne to the podium, who would then give a description of who they the purpose of the Citizen Corp, what training they have gone through, and then the volunteers would be introduced and invited to the podium to receive recognition of their service and dedication. Both the Mayor and Mr. Payne would pass out Certificates. RDA Agenda 10 -27 -2009 Item No. 2 Page 2 of 21 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of September 22, 2009 Page 2 of 16 Councilmember Buckley questioned if this was the same presentation as Item No. 11 on the Agenda, to which City Manager Brady noted this was a separate item. City Clerk Thomsen presented information to the Mayor regarding the names of those involved in the presentation. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE None. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES None. CONSENT CALENDAR (2) Approval of City Council Minutes NO COMMENTS / QUESTIONS Recommendation: Approve the following minute(s): (a) Regular City Council Meeting Minutes from September 8, 2009. (3) Warrant List Dated September 15, 2009 Recommendation: Authorize payment of Warrant List dated September 15, 2009. Mayor Pro Tem Melendez questioned the following items: Warrant No. 100872 Affordable Print and Mail Warrant No. 100746 Affordable Print and Mail References Public Outreach Flyer Preparation: Acting Administrative Services Director Riley noted he believes this is for the charges for the flyer that was prepared for the NPDES Public Outreach. He stated there were two items, one for $2,165. and the other RDA Agenda 10 -27 -2009 Item No. 2 Page 3 of 21 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of September 22, 2009 Page 3 of 16 for $3,155. Public Works Director / City Engineer Seumalo stated he will look this up to verify and get back to the Mayor Pro Tem. Warrant No. 100872 Affordable Print and Mail Warrant No. 100746 Affordable Print and Mail City Attorney Leibold stated she recognized the name of the company the Redevelopment Agency used to mail out plan amendments and the mailing of notices to all property owners although that was some time ago. Mayor Pro Tem Melendez noted this was dated September 15 City Attorney Leibold stated she was not aware of the invoice date for the bill. Councilmember Hickman questioned the following items: Warrant No. 100761 Black News Mayor Magee noted this was a newspaper out of the City of Riverside, they do have subscribers in Lake Elsinore in addition to the NAACP. Director Kilroy noted this was a requirement for a CDGB minority advertising for grant funding. Warrant No. 100800 - 100801 Francisco & Associates, Inc. Acting Administrative Services Director Riley stated these charges were for Dennis Anderson's activity who handles the CDF, delinquency tax, CFD distribution and activity. Councilmember stated he would follow up, he did not understand the information in relation to foreclosures. (4) Investment Report — August 2009 NO COMMENTS / QUESTIONS Recommendation: Receive and file. (5) Annual Adoption of Investment Policy NO COMMENTS / QUESTIONS Recommendation: Approve the City's Investment Policy. (6) Disposal of Surplus Electronics as Scrap Recommendation: Approve disposal of surplus electronic equipment to be scrapped as e- waste. RDA Agenda 10 -27 -2009 Item No. 2 Page 4 of 21 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of September 22, 2009 Page 4 of 16 Mayor Pro Tem Melendez stated she received a request from the Latitude Dance Company at Lake Elsinore High School to receive the surplus equipment and asked if this included computers. Information / Communications Manager Dennis stated it did. She then questioned if instead of the City disposing of the equipment, if it could be donated to the school group. Information / Communications Manager Dennis responded that the equipment, especially computers were old models no longer advantageous to use and was stripped of all software including the operating system, due to legal requirements, software licensing, etc. He noted once this was done, the only value was for the e-waste recycling profit. Mayor Pro Tem Melendez stated she believed they wanted to profit from the recycling, to which Councilmember Bhutta concurred that was their desire. Manager Dennis stated that once the City declared a surplus, they could put out a bid for parties interested in obtaining the equipment. The purpose of this was not to create an unfair advantage to one group. City Manager Brady stated the City would verify what their use was and if this was the case it shouldn't be a problem. Mayor Pro Tem Melendez stated she would let the group know to contact the City. (7) Construction Contract Award for Machado Park Landscape Improvements and Installation of a New Restroom Recommendation(s): 1) Award the Machado Park Landscape Improvement and Restroom Improvements to Landmark Site Contractors in the amount of $37,400.00 2) Authorize the Mayor to execute the contract with Landmark Site Contracts. 3) Authorize the use of the construction contingency amount in a manner consistent with the City's purchasing guidelines. Councilmember Buckley gave an overview of the changes and the innovative restroom noting the City is saving funds. Mayor Magee noted previous Parks and Recreation Director Gonzales was responsible for this savings. RDA Agenda 10 -27 -2009 Item No. 2 Page 5 of 21 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of September 22, 2009 Page 5 of 16 (8) Lakeshore Drive Overlay — Reallocation of Funding and Authorization to Advertise Recommend ation(s): 1) Approve the transfer of $530,000 from the 2008 / 2009 Pavement Management Program Funds to the Lakeshore Drive Overlay Project. 2) Direct Staff to advertise for bids for the Lakeshore Drive Overlay Project. Councilmember Hickman noted that once Riverside Drive is crossed, this area belongs to the State. He noted there are large pot holes on Caltrans side. Public Works Director / City Engineer Seumalo confirmed this was the State's property and the City would need to obtain an Encroachment Permit from Caltrans before the work would start. Councilmember Hickman requested we request the permit to correct this. Councilmember Buckley requested a public outreach program be done regarding the work (including flyers), to which Director Semualo confirmed a public outreach would be done. (9) A Letter of Support for the Western Riverside Council of Governments Energy Efficiency and Water Conservation Program Recommendation: City Council authorize the Mayor to send the attached letter of support to Robin Lowe, Chair of the WRCOG Executive Committee. Mayor Magee noted this item was requested by Councilmember Buckley who was the City's representative to WRCOG. Councilmember Hickman and Buckley regarding water saving issues. Two of the subjects addressed were solar panels and using artificial turf which would be of value and half the cost. PUBLIC HEARING(S) None. RDA Agenda 10 -27 -2009 Item No. 2 Page 6 of 21 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of September 22, 2009 Page 6 of 16 APPEAL(S) (10) Appeal the Decision of the Nuisance Abatement Board Declaring the Property Located at 30085 MC Burney Avenue a Nuisance Recommendation: Deny the appeal and uphold the decision of the Nuisance Abatement Board to declare this property a nuisance. Mayor Magee called Ms. Vivian Bellini to step forward to the microphone to speak. Ms. Vivian Bellini stated she no longer wanted Mr. Cal Bellini to speak or act on her behalf regarding this property. She handed Mr. Cal Bellini, Robin Chipman, and City Clerk Thomsen a letter stating this. She stated he currently lives at the property, that he does not have the right to be there, he is legally to be living in Wildomar. She stated she will no longer allow him on the property; she is the holder of the deed and pays the mortgage and noted currently there is not any agreement between the two. She stated they are currently involved in a lawsuit to resolve their differences. Mayor Magee asked how much time she would need to resolve this to which she responded by the beginning of the year. Mayor Magee stated problems regarding this property have continued without resolution with the City for over 10 years. Mayor Magee then questioned Building and Safety Manager Chipman if this property was the same situation as the Texaco Property. He stated the property was a nuisance yet the owner wanted additional time to clean the property up. He noted Manager Chipman recommended denying the abatement while working with owner. Manager Chipman confirmed this was the same type of issue. This issue has been ongoing for 7 years over an illegal room addition. He recommended the appeal be denied to continue the pressure and support what has been ongoing for 7 years. It was noted this item had already been brought before the Nuisance Abatement Board in July, 2009; therefore, that started the clock ticking. Mayor Magee questioned if the item was continued to a date uncertain, how long it would be before the issue could be addressed again. Manager Chipman stated it would take a full year to obtain a warrant again. Mr. Cal Bellini was given the opportunity to address the Council. He gave his name and stated his address was at the McBurney address. He stated RDA Agenda 10 -27 -2009 Item No. 2 Page 7 of 21 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of September 22, 2009 Page 7 of 16 this action and decision by Vivian Bellini is a surprise to him. He stated the court has ordered a settlement, the property is in both their names, and next month the property will be transferred into his sole name. He further noted the existing court decision gives him 100 percent equity, yet she has over - extended her barrowing capabilities. He noted he is the one who has full rights to the property and noted the court settlement he is referring to is Confidential, he can not publically share this. Mr. Bellini stated he has had the property evaluated and reviewed by several professionals; it is structurally sound and not a hazard. He noted regarding the mentioned time frame, part of the time was at the City's error; starting in 1991 and City Manager Brady and Councilmember Hickman could confirm this. Mayor Magee noted since he was the appellant, he would be given further opportunity tonight to continue to speak and to provide the Council with documentation to assist his case. He would provide documentation of the sound safety of the structure. Mayor Magee stated the problems regarding ownership and liability was a civil matter which did not involve City stating the City's concerns relate to building and safety issues. Mayor Magee stated he had looked at the property and asked Manager Chipman if the original structure had been pierced? Manager Chipman stated the problems are the lack of permits and approvals to build the structure, and the encroachment upon the fence line, stating requirements call for a minimum of 5 feet of set back from the property line. He noted there is no foundation under the outside walls, and confirmed the room addition could be removed. Mayor Pro Tem Melendez stated if the property owner is Vivian, she asked who has been living at the residence. Manager Chipman stated it has always been on record that Vivian Bellini is the owner of the property. He further stated there has been a letter on file giving Mr. Cal Bellini the authorization to handle the property issues. Ms. Vivian Bellini stepped forward and stated she has never lived at the property, although she has been the owner of the property in 1992. Councilmember Hickman questioned what needed to be done in addition to the footings to bring the property up to current code and asked if anything had been cemented. Manager Chipman stated there is a cement RDA Agenda 10 -27 -2009 Item No. 2 Page 8 of 21 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of September 22, 2009 Page 8 of 16 patio that surrounds the structure, yet it is supported off of a retaining wall. Manager Chipman stated in order to bring the added structure Councilmemberr Bhutta asked Mr. Chipman about the current permits, and fees. What time line would be involved? Manager Chipman stated with the submittal of plans, diligently doing corrective work, time frame would be several months. He noted fees would be approximately $500. to $1000. Councilmember Buckley stated if Mr. Bellini is claiming ownership and has stated he has been living at the property he questioned why the issues have not been resolved? Mayor Pro Tem Melendez stated the same issues have been ongoing for several years; therefore she does not support continuing this item. Councilmember Hickman asked if the abatement was approved, what timeline could be given to correct the problems, yet stated he supported denying the appeal. Manager Chipman stated if he appeal was denied by the Council, it would take approximately 1 month to abate the structure to finish the clean up of the property. City Attorney Leibold stated a final determination could be made tonight; it would take the City 1 month to abate the property. Mayor Magee asked Mr. Bellini if he had anything further to add. Mr. Bellini stated Manager Chipman stated there were not any permits, yet he stated he had taken permits out twice, submitted plans, has paid fees, requested extensions, yet documents have expired due to laws changing. He noted the laws that apply are from 2007. He noted if the extension is granted by the Council, he would like to continue with this and that all work will be completed properly. He still stated he is the rightful owner of the property of the court. City Attorney Leibold stated there are civil matters. Mr. Bellini needs to resolve this, and the City cannot work around these issues and must work with the tax assessor's roles regarding ownership. His authority has been pulled tonight, and cannot enforce a third party contract. The City can only focus on the building and safety statues. RDA Agenda 10 -27 -2009 Item No. 2 Page 9of21 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of September 22, 2009 Page 9 of 16 Mr. Bellini stated he would need to go to court next week to have an ex -parte order issued. Councilmember Buckley stated from 1999 to 2002, the problems were due to the previous owner. In 2002, the main structure of the building's legal problems was resolved. Once the this matter was resolved, the Bellini's started to build the additional structure (patio) without proper permitting, planning and authority to do so. Mr. Bellini again requested an extension to resolve all issues. He stated in 2002 he had legal permits. Councilmember Hickman asked Manager Chipman if this was correct. Mr. Bellini then stated he submitted the information, yet did not follow through and they were expired. Mayor Magee notified Mr. Bellini the Mayor will call him back to the podium at the end of Council discussion. Manager Chipman reminded the Council Ms. Bellini just rescinded Mr. Bellini's access to the property along with his involvement. City Attorney Leibold stated if the continuance is approved, it invites a dilemma; Mr. Bellini cannot act on behalf of the property and submit plans for approval, his rights and involvement has been removed by the record owner. Mayor Magee asked City Attorney Leibold what she would recommend. She stated she would recommend deny appeal & direct to proceed with abatement, it is straight forward. She further stated if you allow the Bellini's to resolve their property issues and then handle the abatement themselves there is no guarantee how much time would be involved. She would not recommend granting a continuance of 1 year, but to give a short-term continuance, if Council decides to grant a continuance at all. City Attorney Leibold stated if granted her recommendation would not be longer than 3 months. Councilmember Hickman asked what the options would be if the appeal were denied. Manager Chipman responded approximately 1 month would be needed to take all necessary steps. Mr. Bellini again requested an extension to resolve all issues, stating ownership cannot be resolved immediately; he has a trial scheduled on RDA Agenda 10 -27 -2009 Item No. 2 Page 10 of 21 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of September 22, 2009 Page 10 of 16 the 29 He stated after that trial is over; he can then go to court to resolve the property issues regarding the McBurney house. Mr. Bellini stated at this time, the only option may be to obtain a court order, to which City Attorney Leibold stated if received, she would have to review and advise the Council. BUSINESS ITEM(S) (11) Citizen Corps Progress Update NO COMMENTS / QUESTIONS Recommendation: Receive and file. (12) Consideration of a Proposed Dog Park at McVicker Park Recommendation: 1) Direct the City Manager to prepare an Ordinance for City Council consideration at the October 13, 2009 Council meeting to amend the Municipal Code to allow dogs to run "at large" under certain conditions and in designated areas. 2) Authorize the use of the lower baseball field at McVicker Park as a dog park / designated off leash area Monday through Friday from 6:30 a.m. to 10:30 a.m. and direct the City Manager to have appropriate signage and dog pots installed once the appropriate sections of the Municipal Code are amended. An e-mail received from Ms. Chisholm was distributed to the Council which requested a "yes" vote from the Council in favor of authorizing McVicker Park to be used as a dog park. Mayor Magee gave an overview of the request of the proponents who were currently using an area of McVicker Park as a "Dog Park ". He stated he had been approached by the residents during a McVicker concert and encouraged them to submit a petition and spoken with a representative of the group. He outlined the current proposal which would make their existing use legal. He then called speaker LeeAnn Cameron to the podium. LeeAnn Cameron stated she had personally contacted the Mayor and is available if the Council has any questions. As various questions arose, she responded accordingly. RDA Agenda 10 -27 -2009 Item No. 2 Page 11 of 21 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of September 22, 2009 Page 11 of 16 Councilmember Bhutta stated her current question pertains to the City's liability, if an animal was hurt by another, etc. City Attorney Leibold stated because a designated fenced -in area would be provided, the City is not liable. LeeAnn Cameron stated she knew the City would come up with their own rules, however, the rules her group proposed, addresses the pet owner's responsibilities. Mayor Pro Tem Melendez questioned the City Manager what groups normally used McVicker Park, noting if athletic teams played there, they were paying a fee to the City to do so. She questioned what research was done regarding the pros and cons from other Cities in surrounding areas. She also addressed the size of the dogs not be separated does not create a safe environment for the dogs. City Manager Brady stated athletic groups did pay to use the park. He stated he did contact the Joint Power Insurance Authority (JPIA) and other parks which were used on a temporary basis, but not a long -term facility. In addition, Internet research was done. He recommended McVicker Park be utilized temporally, not on a permanent basis. Mayor Magee stated he was responsible for pushing the item forward and not allowing staff the time they requested to properly research all aspects. He was not aware of any opposition, knew this group was already using the park and felt this could work for a small amount of money if possible. Mayor Pro Tem Melendez stated this was a safety issue noting it should be continued off of calendar. She noted what is currently being proposed does not serve the whole community. Councilmember Hickman stated this was a great idea; Lake Elsinore needs a dog park, a place to take their animals where they can run. His concern is the dog droppings. From discussion with LeeAnn Cameron it was noted this request is only for the week days, Monday through Friday. Councilmember Buckley stated this should only be temporary, and recommended the time should start at dawn. Mayor Pro Tem Melendez questioned how there can be concurrence since this does not apply to all residents, it is unfair to all dog owners. RDA Agenda 10 -27 -2009 Item No. 2 Page 12 of 21 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of September 22, 2009 Page 12 of 16 Councilmember Bhutta noted if only a small group is using the park as a dog park, perhaps they could contribute financially towards the cleaning of the park. Councilmember Hickman confirmed this stating since they were already using the park; perhaps a minimal fee could be charged to help cover the cost. Director of Lake and Aquatics and Interim Parks and Recreation Director Kilroy noted he has received numerous e-mails regarding the mixed use of the park, stating there are conflicting issues such as the bacterial contamination to the baseball players (and others), mixed use of the baseball fields which were built intended for baseball and the lack of enforcement of park rules. He also noted the City holds many special events at McVicker Park. Mayor Magee stated when he agreed to consider a dog park, he was not aware of any opposition. Now he has heard evidence that there is opposition, potentially from top management of the Little League opposing the idea of a dog park located there, noting problems of the current use the dogs at McVicker Parks have caused for the Little League players. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES None. REDEVELOPMENT AGENCY Chairman Buckley opened the Redevelopment Agency portion of the Joint Study Session at 5:06 p.m. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE None. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES RDA Agenda 10 -27 -2009 Item No. 2 Page 13 of 21 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of September 22, 2009 Page 13 of 16 None. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes NO COMMENTS / QUESTIONS Recommendation: Approve the following minute(s): (a) Redevelopment Agency Regular Meeting September 8, 2009. (3) Warrant List Dated September 15, 2009 NO COMMENTS / QUESTIONS Recommendation: Authorize payment of Warrant List dated September 15, 2009. (4) Investment Report — August 2009 NO COMMENTS / QUESTIONS Recommendation: Receive and file. PUBLIC HEARING(S) None. BUSINESS ITEM(S) (5) Lake Elsinore Storm Request for Sponsorship of the Grand Prix Event Recommendation: Direct staff as deemed appropriate. Agency member Hickman noted Storm Management is requesting funding for the Grand Prix event and noted recently the Lake Elsinore School Board informed the City that the City was obligated to pay those funds per a prior commitment, yet the cost was not yet known. RDA Agenda 10 -27 -2009 Item No. 2 Page 14 of 21 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of September 22, 2009 Page 14 of 16 Executive Director Brady stated a meeting has been set in the near future to meet with the school board to find out additional information. He is not aware of any funds that are owed to the school district. Agency member Hickman questioned Acting Administrative Services Director Riley what was the Redevelopment Agency's current bank balance. Acting Director Riley stated we currently show on our statements $35 Million in the bank, however, some of the funds were already encumbered, to which City Attorney Leibold confirmed. Agency member Magee noted the City's financial future is uncertain. His recommendation is to table this item tonight due to so many uncertainties. Currently the state is planning on taking an unknown amount of money, the school board just announced the City owes them millions of dollars, the City just passed a budget in which City employees took cuts, along with cuts made to safety personnel and charity organizations. He further noted the Council / Agency members are questioning warrants of $800. and now we are being asked for much more. Agency member Melendez requested Storm Management state how much it was going to take to run the event. Mr. Dave Oster from Storm Management noted they had never been involved in this aspect of the race. He stated the actual cost could not yet be known. A budget is in place regarding the expenses, race personnel and management is in place, the website is up, yet the funds are being spent up- front. He stated this event has become a financial burden. Storm Entertainment is moving, but initially, they need help. The determining factor is to know how important this is to the City, the heritage, and the residents. He noted the event will bring money into the City; it is a matter of spending money to make money. He also stated they were only involved due to the request of the City. Mr. Oster showed a slide with the proposed logo stating the log coincides with the city's slogan to "Dream Extreme ". Councilmember Bhutta asked Agency Counsel regarding the appropriate use of Redevelopment Agency funding? Agency Counsel Leibold stated the question really had to do with the magnitude of the event. She stated with the facility (stadium) being Agency owned, it is within RDA Project Area No. 3, includes promotion of RDA Agenda 10 -27 -2009 Item No. 2 Page 15 of 21 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of September 22, 2009 Page 15 of 16 the branding of the stadium, encourages the economic development aspect, yes, it is an appropriate use. Agency member Magee stated first the name must be changed to "Lake Elsinore ". He felt deeply troubled regarding the outcome of this event. He stated he personally had approached Storm Management regarding taking over from the City, and now, was not aware if the City had any funds remaining to help cover costs due to the economic downturn. He suggested tabling this item until it was known for certain what the City could offer, noting the City has just been told they owe $9 Million dollars. Agency member Hickman questioned if there were other sponsors, to which the response was yes. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES None. CLOSED SESSION City Attorney / Agency Counsel Liebold gave an overview of the following City Council and Redevelopment Closed Session Items: REDEVELOPMENT AGENCY CLOSED SESSION 1) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 2 cases CITY COUNCIL CLOSED SESSION 1) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9) Voters Against Lake Street Market vs City of Lake Elsinore (Riverside Superior Court Case No. RIC528604) RDA Agenda 10 -27 -2009 Item No. 2 Page 16 of 21 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of September 22, 2009 Page 16 of 16 ADJOURNMENT The City Council and the Redevelopment Agency completed the business before them at 5:30 p.m. and both adjourned to the Closed Session meeting scheduled to be held at 5:00 p.m. The Lake Elsinore Redevelopment Agency will adjourn to a regular meeting to be held on Tuesday, October 13, 2009, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Debora Thomsen Debora Thomsen, CMC City Clerk / Redevelopment Agency Secretary City of Lake Elsinore, California RDA Agenda 10 -27 -2009 Item No. 2 Page 17 of 21 Page 1 of 4 CITY OF LAKE ELSINORE REDEVELOPMENT AGENCY MEETING MINUTES October 13 2009 (not official until approved) CALL TO ORDER Vice Chair Bhutta called the regular meeting of the Lake Elsinore City Council held on Tuesday, September 8 2009 to order at 5:12 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: Chairman Buckley. Also present: Executive Director Brady, Agency Counsel Leibold, and Agency Secretary Thomsen. Staff members present included Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics and Interim Parks and Recreation Director Kilroy, and Police Chief Cleary. All Agency members were present with the exception of Chairman Buckley as noted by Agency Secretary Thomsen who read a statement into the record at Chairman Buckley's request: "Chairman Buckley could not attend this evening's meeting do to a prior commitment to the Northwest Mosquito and Vector Control District. Chairman Buckley is the City's representative on the District's board." Agency Secretary Thomsen then declared a quorum was present. 5:00 P.M. CONVENE THE MEETING There was no one who wished to speak regarding the Closed Session items. CALL TO ORDER - 5:00 P.M. City Attorney / Agency Counsel Liebold gave an overview of the Closed Session items for both the City Council and the Redevelopment Agency. RDA Agenda 10 -27 -2009 Item No. 2 Page 18 of 21 Lake Elsinore Redevelopment Agency Meeting Regular Meeting Minutes of October 13, 2009 Page 2 of 4 RECESS TO CLOSED SESSION Mayor Magee adjourned the meetings to Closed Session at 5:12 p.m. CLOSED SESSION 1) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 2 cases CALL BACK TO ORDER - 7:00 P.M. The meeting was called to order at 8:42 p.m. by Vice Chair Bhutta who noted all Agency members except for Chairman were present. ROLL CALL Roll call stood as previously read. CLOSED SESSION REPORT Agency Counsel Leibold gave an overview of the Closed Session items and noted there was no reportable action. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE None. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES None. RDA Agenda 10 -27 -2009 Item No. 2 Page 19 of 21 Lake Elsinore Redevelopment Agency Meeting Regular Meeting Minutes of October 13, 2009 Page 3 of 4 CONSENT CALENDAR (2) Approval of Redevelopment Aciencv Minutes Recommendation: Approve the following minute(s): (a) Redevelopment Agency Regular Meeting September 22, 2009. (3) Warrant List Dated September 30, 2009 Recommendation: Authorize payment of Warrant List dated September 30, 2009. MOTION was made by Agency member Melendez, second by Agency member Hickman and unanimously carried to adopt the Consent Calendar as recommended. AYES: Bhutta, Hickman, Magee, Melendez. NOES: Buckley. PUBLIC HEARING(S) None. BUSINESS ITEM(S) None. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES None. EXECUTIVE DIRECTOR COMMENTS None. RDA Agenda 10 -27 -2009 Item No. 2 Page 20 of 21 Lake Elsinore Redevelopment Agency Meeting Regular Meeting Minutes of October 13, 2009 Page 4 of 4 LEGAL COUNSEL COMMENTS None. BOARDMEMBER(S) COMMENTS None. ADJOURNMENT There being no further business to come before the Redevelopment Agency (RDA) Vice Chair Bhutta adjourned the Redevelopment Agency portion of the meeting at 8:43 p.m. for the City Council to conclude their meeting. Mayor Magee reconvened the City Council meeting at 8:43 p.m. and proceeded with the rest of the City Council Meeting. The Lake Elsinore Redevelopment Agency will adjourn to a regular meeting to be held on Tuesday, October 27, 2009, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Debora Thomsen Debora Thomsen, CMC Redevelopment Agency Secretary City of Lake Elsinore, California RDA Agenda 10 -27 -2009 Item No. 2 Page 21 of 21