HomeMy WebLinkAbout2009-12-08 Item 2 CITY OF
LAKEQLSINOTU
DREAM EXTREME
11r-
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: DECEMBER 08, 2009
SUBJECT: APPROVAL OF MINUTES
Discussion
The following City Council minutes are submitted for approval:
Recommendation:
(a) City Council / Redevelopment Agency
Joint Study Session Meeting Minutes
October 13, 2009
(b) City Council / Redevelopment Agency
Joint Study Session Meeting Minutes
October 27, 2009
(c) City Council / Redevelopment Agency / Public Finance Authority
Joint Study Session Meeting Minutes
November 10, 2009
(d) Regular City Council Meeting Minutes
November 10, 2009
Recommendation
Approve the Minutes as submitted.
Prepared by: Debora Thomsen
City Clerk
Approved by: Robert A. Brad 1 1
City Manager
CC December 08, 2009 Item No. 2
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CITY OF LAKE ELSINORE
JOINT CITY COUNCIL / REDEVELOPMENT AGENCY
STUDY SESSION - AGENDA REVIEW
MINUTES
October 13 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, October 13 2009 in the Cultural Center, located at 183 N. Main
Street, Lake Elsinore, CA 92530.
PRESENT: Mayor Magee, Mayor Pro Tem Melendez, Councilmember
Bhutta, Councilmember Hickman.
ABSENT: Councilmember Buckley.
City Clerk Thomsen stated Councilmember Buckley could not attend this
evening's meeting do to a prior commitment to the Northwest Mosquito and
Vector Control District. Councilmember Buckley is the City's representative on
the District's board.
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
City Clerk Thomsen notified Mayor Magee who would be present for each
Presentation:
Business of the Quarter — Tulips, Trophies & Treasures
Kimberly and Harvey Ryan, owners would accept the award.
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Lake Elsinore City Council / Redevelopment Agenda
Joint Study Session for Agenda Review
Meeting Minutes of October 13, 2009
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Recognize Police Deputy Richard Vryheid for rescuing a suicidal victim
Police Chief Cleary and Mayor Magee would honor Deputy Vryheid for his heroic
actions.
EVMWD presentation - Lakeshore Trunk Line Project
Mr. Greg Morrison would be present to give the presentations.
Welcome Home Troops
Ms. Susan Rebar, Director of Welcome Home Troops would be present and give
a presentation.
Mayor Magee noted he would announce the EVMWD presentations last, since it
would probably be longer than the others.
PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 1 MINUTE
(Please read & complete a Speaker's Form at the podium, prior to the start of the
City Council Meeting)
PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES
(Please read & complete a Speaker's Form at the podium, prior to the start of the
City Council Meeting. The Mayor will call on you to speak, when your item is
called)
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 COMMENTS / QUESTIONS
Recommendation: Approve the following minute(s):
(a) Regular City Council Meeting Minutes from September 22, 2009.
(3) Warrant List Dated September 30, 2009
Recommendation: Authorize payment of Warrant List dated
September 30, 2009.
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Lake Elsinore City Council / Redevelopment Agenda
Joint Study Session for Agenda Review
Meeting Minutes of October 13, 2009
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Councilmember Hickman questioned the following items:
Warrant No. 100942 Fulbright & Jaworski, LLP
Acting Administrative Services Director Riley responded, stating these
were our Bond Counsel who had worked on a project the developer had
paid for.
Warrant No. 100944 - 100946 Harris & Associates
Councilmember Hickman questioned if $45,000. was paid for plan check
items when the City is so slow. Acting Administrative Services Director
Riley responded stating Harris & Associates were paid the funds from an
account the developer had set up for them to do specific work for them.
Councilmember Hickman noted we have a vendor listed, Hi -Way Safety;
and questioned if we order our signs from them, such as Neighbor Watch
and what would be the cost. Public Works Manager Bill Payne responded
from the audience stating he would verify and get back to Councilmember
Hickman.
(4) Claims Against the City,
Recommendation: Reject the claims listed above and direct the City
Clerk's Office to send a letter informing the claimants of the decision.
Councilmember Hickman questioned the damage regarding the claim at
Central Avenue and the 1 -15 and off -road work, asking what they hit to ruin
all 4 tires. City Manager Brady responded this was when there was a lip
in the intersection during construction.
(5) Authorization for the City Manager to enter into a Contract with HDR, Inc.
for the Preparation of an Environmental Impact Report for the Central
Crossroads Project (Commercial Design Review No. 2007 -10, Conditional
Use Permit No. 2007 -12, and Uniform Sign Program No. 2007 -04)
Recommendation: Authorize the City Manager to enter into a contract
with HDR for an amount estimated at $126,250 $126,950.
City Clerk Thomsen notified the Council before the meeting began, the
correct dollar amount is $126,950, not $125,250 (due to a typographical
error).
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Joint Study Session for Agenda Review
Meeting Minutes of October 13, 2009
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Acting Community Development Director Weiner gave an overview of this
item.
Questions were then asked by the Council:
Mayor Pro Tem Melendez wanted to know if a Request for Proposal (RFP)
had gone out regarding this project, too which Mr. Weiner responded a
RFP was not done. She verified this work was started and then stopped
and HDR was the original Consultant. She questioned their fees for
services and noted there was not a Not -to- Exceed amount identified;
therefore all costs listed would be an estimate.
Mr. Weiner stated an RFP was not generally done for Developers, but
RFP's are done for CEQA work. He noted an existing qualifications list is
generally used to choose from. Mr. Weiner stated the scope of services
were modified, and stated the contract was set up as the City would have
to approve additional services, therefore the City would be in charge of the
dollar amount.
City Attorney Leibold noted on Page 10 of 11 there were task items listed
which clarified the work to be done.
City Manager Brady stated the developer and the Contractor spoke
together to determine who would be responsible for what and they were in
concurrence including the cost for delivery.
Councilmember Bhutta requested what type of development would be
going into the area and if there was a proposed start date. Mr. Weiner
stated nothing had been specifically identified; there was a tenant,
however it would be commercial - retail. Mr. Weiner stated a start date has
not been revealed.
Councilmember Hickman requested a brief history of the project and
asked who the Developer was.
Mr. Weiner responded, stating the original Developer was Mark Pebbles,
he has been in touch with the person, but could not name the company,
but would get the information.
Mayor Magee noted to the City Manager regarding stockpiling of soil on
the site. Mayor Magee requested if the property owner had been notified.
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Joint Study Session for Agenda Review
Meeting Minutes of October 13, 2009
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City Manager noted the stockpiling had not been permitted and they were
not aware where it was coming from. He also noted he was not aware if
the owner had been notified.
The Mayor also noted he was concerned regarding awarding this contract,
since there were issues that were unresolved, such as illegal dumping, the
square foot the building would be and traffic issues. He noted if these
items were not yet known to us, how could work be authorized and
direction given to the Developer and Contractor.
Mr. Weiner noted he did know the square footage, it is estimated to be
between 90,000 to 130,000 square feet of commercial property.
City Attorney Leibold clarified regarding the cost estimate. In response to
Mayor Pro Tem's previous question, stating we agreed to pay
reimbursable (noting a cost plus would not be allowed such as a 10 to
15 percent fee). A statement would be added to the final form of the
Agreement such as approved by the City's attorney.
(6) Safe Candy Night
Recommendation: Approve street closure on Main Street from Library
Avenue to Peck Street, with traffic detours at Heald Avenue and
Lakeshore Drive on Saturday, October 24, 2009 from 1 -9 p.m. for the Safe
Candy Night Event.
Councilmember Hickman questioned why this event was being held
1 week before Halloween and not on Halloween which is on a Saturday.
City Manager Brady responded stating because Halloween fell on a
Saturday, many of the organizations who would normally volunteer their
services had decided to hold their own event. He noted the City simply
could not get the appropriate quantity of help needed to hold the event on
Halloween. He further noted, because of the car show already planned for
the 24 if the two events were combined, enough volunteers were
available. The City was faced with the choice to either combine the
events or not hold the Safe Candy Night at all.
Mayor Magee questioned if the local businesses had any complaints
regarding the change of date. City Manager Brady responded the
• Downtown Business Association (DBA) is the one who had started the
event, but with the City's involvement more volunteer's are needed.
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Joint Study Session for Agenda Review
Meeting Minutes of October 13, 2009
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Discussion was held between the Mayor and the City Manager regarding
the DBA and road closures, and City Manager Brady stated he had held
several meetings with the businesses to keep them informed and up to
date.
Councilmember Hickman recommended advertisements including flyers
be given to all of the local elementary schools to notify them early enough
to make their plans.
Director Kilroy stated last year's events held about 3,500 children yet most
of the volunteers did not show up. This year's advertising was the same
as last years.
Mayor Magee recommended the information be given to the Public
Information Officer of the school district to let them handle.
(7) U.S. Army Corps of Engineers Permit and Compensatory Mitigation for
Construction of Boat Launch Facility Improvement Project
Recommendation: Approve U.S. Army Corps of Engineers permit and
authorize the City Manager to execute the document.
Director of Lake and Aquatics and Interim Parks and Recreation Director
Kilroy gave a brief overview of this project stating the work was being
completed in phases, noting approval of this item would clear all
environmental hurdles to allow the program to move forward.
Mayor Magee congratulated Director Kilroy for being able to work this
situation out with the other agencies. He felt this type of problem should
of never taken place regarding the boat launch.
(8) Agreement with William J. 'Rusty' Beardsley, RBI Traffic to Provide
General Traffic Engineering Services
Recommendation: Approve the Agreement and direct the Mayor to
execute the documents on behalf of the City.
Public Works Director / City Engineer Seumalo gave an overview of the
item stating a Traffic Engineer was needed, since the previous one just
retired receiving the Golden Handshake. Therefore, we could not hire for
the project directly but could hire a Consultant. He noted currently Plan
Check Services were lower than normal.
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Joint Study Session for Agenda Review
Meeting Minutes of October 13, 2009
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Councilmember Bhutta questioned who was on the selection committee, if
this position was advertised, and how many people did Director Seumalo
make his decision from. Director Seumalo responded he did not
advertise, but had used contacts in this field to determine eligibility of
those available. He stated he had 3 choices to decide between.
Councilmember Hickman question the Consultant cost was $90. per hour
and the position was to be when needed, "on call ?" Director Seumalo
confirmed this. Councilmember Hickman questioned if Director Seumalo
was truly happy with this choice. Director Seumalo stated yes, and gave a
brief overview of Mr. Beardsley's history. It was confirmed this item was
not in conjunction with Item No. 9.
(9) Agreement with Bureau Veritas to Provide On -Call Professional
Engineering Services
Recommendation(s):
1. Staff recommends that the City Council approve the Agreement
with Bureau Veritas to provide professional plan check services.
2. Authorize the City Manager to execute the Agreement.
Public Works Director / City Engineer Seumalo gave a brief overview of
the item, noting the City has worked with Bureau Veritas previously and
did not have a problem with their work.
Mayor Pro Tem Melendez confirmed with Director Seumalo the scope of
the Contract. Director Seumalo noted this was a Contract renewal and he
was also adding additional services. She questioned why the City was not
being competitive with the Contract, noted their fee schedule was higher
than the City's fee schedule and questioned if the City would be paying
the difference. Director Seumalo stated Bureau Verias's fees were in
accordance with the industry.
Acting Administrative Services Director Riley responded we charge what
the Contractor charges, and confirmed he needed to re- evaluate. City
Manager recommended the fee schedule should probably be revised.
Riley noted on the fee schedule, it states it is a recommended deposit
amount, which allows us to have the flexibility to charge what the
contractor charges.
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Joint Study Session for Agenda Review
Meeting Minutes of October 13, 2009
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Mayor Pro Tem Melendez noted our website does not state the fee is an
estimate charge; she did not want to award this contract and would be
pulling the item at the Council meeting.
City Attorney Leibold stated this was the same approach, if the item is
approved, the fee issues could be resolved with final verbiage approved
by the City Attorney.
Councilmember Hickman questioned what our City's fees were in
comparison to other local cities, to which Director Seumalo noted Lake
Elsinore is lower than our surrounding neighbors.
(10) Proposed Road Closures for the Lake Elsinore Grand Prix
Recommendation: Approve the street closures as listed in the discussion
section of this report.
• Mayor Pro Tem Melendez questioned if resolution on how the funding
would be spent. City Attorney Leibold stated the Agreement is now being
given to the Storm for signature.
Councilmember Bhutta asked if the property owners have received
notification yet and what type of community outreach was scheduled.
Mr. Dave Oster from Storm Entertainment stated a letter had gone out to
the property owners and to his knowledge, there is only one issue
regarding insurance liability which would be handled tomorrow.
Councilmember Hickman verified if the coverage was over the $300,000
requirement, to which Mr. Riley stated it was not.
(11) Rosetta Canyon Fire Station and Park Project Contract — Change
Order No. 4
Recommendation(s):
1. Approve project Change Order No. 4.
2. Authorize the City Manager to execute the Contract Change Order.
Mayor Pro Tem Melendez questioned why there have been so many
Change Orders regarding this project, and if any of the changes had lower
the costs.
CC December 08, 2009 Item No. 2
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Joint Study Session for Agenda Review
Meeting Minutes of October 13, 2009
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Director Seumalo noted the changes are because of the changes in the
park. First ball fields were not part of the park, then there was, then other
items, such as improvements regarding valves, etc. He stated none of the
changes have lowered the price.
Councilmember Hickman noted Tuscany Hill's Homeowners Association
dues would be raised to $109.00 monthly and recommended a
revaluation should be done to ensure since the price of water was not out
of the original estimate. Director Seumalo stated he would look into this.
(12) Rosetta Canyon Fire Station and Park — Grant of Easements to EVMWD
Recommendation: Authorize the Mayor to execute the Easement with
EVMWD for Rosetta Canyon Fire Station and Park.
Mayor Pro Tem Melendez questioned when EVMWD needed an
easement, and would there be anything written regarding how and where
and what the result of the work would look like. She noted if the water
company was responsible to pay to access their equipment.
Director Seumalo explained "private rights" and who would be responsible
for what. He noted the City holds the private rights, since it is our park.
Councilmember Hickman questioned if all of the valves and meters were
worked out with the electric, gas and water company, to which Director
Seumalo responded positively.
Mayor Pro Tem Melendez asked if this property could be used for a dog
run since it is not large enough for a dog park. She noted if they were not
granted the easement, how could they reach their equipment. She noted
her purpose is to see if they were willing to negotiate for a dog area.
Director Seumalo stated they were asking us for access to their
equipment, and were taking the route we asked them to.
City Attorney Leibold stated the terms of the easement would not allow
them to build or have any other structures. The scope of the easement
only allows for them to access their equipment.
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Joint Study Session for Agenda Review
Meeting Minutes of October 13, 2009
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City Manager Brady stated they could be approached if that is the
direction the Council gives. Director Seumalo stated the City needed a
valve from EVMWD and the City has a good working relationship.
Mayor Magee asked how soon the easement is needed. Director
Seumalo stated since the park is just being built they probably did not
have a time rush for the easement, but needed it in place in the event
something happens.
Mayor Magee requested for the City to see if the water company is
agreeable to consider some type of negotiation to see if they were
agreeable to work with us.
Discussion was then held regarding pulling the item until the water
company could be approached.
PUBLIC HEARING(S)
None.
APPEAL(S)
None.
BUSINESS ITEM(S)
(13) Proposed Installation of Stop Signs at the Intersection of La Strada and
Summerhill Drive
Recommendation: Reject the installation of stop signs at the intersection
of La Strada and Summerhill Drive based on the results of the warrant
study.
Mayor Magee noted he had received information there would be parents
at the City Council meeting tonight to address this item.
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Joint Study Session for Agenda Review
Meeting Minutes of October 13, 2009
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Councilmember Hickman stated he did not want to wait until something
happens for a stop sign.
Councilmember Bhutta concurred with Councilmember Hickman.
Councilmember Hickman noted the traffic may not warren a stop sign, but
stated the danger qualified it.
City Manager Brady noted there are several alternatives that could be
evaluated regarding options, and Council could pull the item tonight and
then continue it.
Mayor Magee noted this item was a Business Item, and up for discussion.
If the public wanted to address this item tonight, they would be allowed to,
the Council would hear them and then determine how to handle.
City Attorney Leibold stated the recommendation is to receive the
information of the study. She recommended the Council could file the
study and continue the item and give direction for further research.
(14) An Ordinance of the City Council of the City of Lake Elsinore, California,
Amending Chapter 15.72 by adding Section 15.72.065 and Amending
Section 15.72.070, Subpart B to the Lake Elsinore Municipal Code
Regarding Regulations of Grading and Hauling
Recommendation: Waive further reading and introduce an Ordinance
amending Chapter 15.72 to the Lake Elsinore Municipal Code (LEMC)
regarding grading and hauling.
Mayor Pro Tem Melendez stated she reviewed the Grading Ordinance,
and asked when the last time the City requested a Hauling Bond from a
Developer. She stated the Ordinance needed to be strengthened.
Director Seumalo stated it may be Spyglass Hill but couldn't state
positively.
City Manager Brady noted the Municipal Code would be revised tonight
with the passing of the proposed Ordinance.
Further discussion was held regarding what other cities are doing, the
scope and purpose of the Grading Bond, damage to public property, and
fees or cash received.
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Joint Study Session for Agenda Review
Meeting Minutes of October 13, 2009
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Mayor Pro Tem Melendez stated she would like to direct staff to
reevaluate a Grading Ordinance.
Councilmember Hickman questioned how much dirt is being moved down
Summerhill Drive, the road has been ruined.
Mayor Magee referred to Page 2 regarding the inspection of truck hauling
trucks, which is a California Highway Patrol (CHP) item.
Page 2 of 6 states Cubic Feet; it was confirmed it should be Cubic Yards.
Also, the verbiage states Building Official and should be changed to City
Engineer.
(15) Urgency Ordinance of the City Council of the City of Lake Elsinore,
California, amending and restating Section 8.40.040 Subpart C of the
Lake Elsinore Municipal Code regarding dogs on leash in City Parks
Recommendation: Approve by a four -fifths vote the attached Ordinance
No. amending and restating Section 8.40.040 Subpart C of the
Lake Elsinore Municipal Code regarding dogs on leash in City Parks.
City Attorney Leibold stated the Urgency Ordinance allows an exception to
off leash areas to be designated by the Council. It is not site specific.
Mayor Magee noted with the absence of Councilmember Buckley he
noted all present Councilmembers would have to vote in favor of this
Ordinance. Mayor Magee stated he would prefer this item be continued
since the Council was not in Agreement with the proposed dog Park.
City Attorney Leibold stated all present Councilmembers did state they
were in favor of a dog park, just not the McVicker Park location. She
noted this Ordinance allowed for a dog park and the current trial location.
She noted if this Ordinance was continued, by the time another Ordinance
was put in place, the trial period would be over.
Mayor Pro Tem Melendez requested to wait until the City Council meeting
to consider any change.
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Joint Study Session for Agenda Review
Meeting Minutes of October 13, 2009
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(16) Recall Petition Certificate of Registrar of Voters
Recommendation: No City Council action is required at this time.
City Clerk Thomsen stated the Riverside County Registrar of Voters
(ROV) did certify the Recall Petition of Councilmember Buckley and a
copy of the Certificate is included in their Agenda Packet.
Mayor Magee noted since this was a "receive and file" item, he would call
City Clerk Thomsen forward to give an overview of the item tonight and
answer any questions.
Councilmember Hickman asked why this was a "receive and file" item, and
asked if an election date could be established tonight.
City Attorney Leibold stated proper protocol and procedures were being
followed by this action of presenting the Certificate tonight.
City Clerk Thomsen referred to the Secretary of State Recall Procedures
and the state of California Election Code, noting the first point is to present
the Certificate to the Council, then the next section of the Election Code
states the Council has up to 14 days to call an election, and, if not done,
then the ROV can call an election. Clerk Thomsen stated she is following
the written protocol and procedures.
Mayor Pro Tem Melendez discussed if the Council has 14 days to call an
election, she asked why they were not given all of the options to do so
tonight.
Mayor Magee confirmed with the Clerk if it was her intent to place another
item on the next Council meeting Agenda which would outline all options
and dates.
City Clerk Thomsen confirmed that was her intent and would prepare and
provide all of the necessary information for the next City Council meeting
and was verbally prepared to answer all questions tonight.
PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES
None.
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Joint Study Session for Agenda Review
Meeting Minutes of October 13, 2009
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REDEVELOPMENT AGENCY
CALL TO ORDER — 4:00 PM
Vice Chair Bhutta opened the Redevelopment Agency portion of the Joint Study
Session at 5:10 p.m.
ROLL CALL
Roll call stood as previously stated for the City Council meeting.
CLOSED SESSION
Agency Counsel Leibold gave an overview of the Redevelopment Agency Closed
Session item.
RDA 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
CONSENT CALENDAR
There was no one who wished to speak regarding a Consent item.
(2) Approval of Redevelopment Agency Minutes
Recommendation: Approve the following minute(s):
(a) Redevelopment Agency Regular Meeting
September 22, 2009.
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Joint Study Session for Agenda Review
Meeting Minutes of October 13, 2009
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(3) Warrant List Dated September 30, 2009
Recommendation: Authorize payment of Warrant List dated
September 30, 2009.
PUBLIC HEARING(S)
None.
BUSINESS ITEM(S)
None.
PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES
None.
ADJOURNMENT
The Redevelopment Agency completed the business before them at 5:11 p.m.
and adjourned the meeting back to the City Council to complete their meeting
and adjourn to the Closed Session meeting scheduled to be held at 5:00 p.m.
CITY COUNCIL CLOSED SESSION
City Attorney Leibold gave an overview of the items for the City Council Closed
Session items.
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)
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Joint Study Session for Agenda Review
Meeting Minutes of October 13, 2009
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2) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Gov't Code
Section 54956.9: 1 potential case
ADJOURNMENT
The City Council and the Redevelopment Agency completed the business before
them at 5:11 p.m. and both adjourned to the Closed Session meeting scheduled
to be held at 5:00 p.m.
The Lake Elsinore Redevelopment Agency and the City Council 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
City Clerk / Redevelopment Agency Secretary
City of Lake Elsinore, California
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CITY OF LAKE ELSINORE
JOINT CITY COUNCIL / REDEVELOPMENT AGENCY
STUDY SESSION - AGENDA REVIEW
MINUTES
October 27 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, October 27 2009 in the Cultural Center, located at 183 N. Main
Street, Lake Elsinore, CA 92530.
PRESENT: Mayor Magee, Mayor Pro Tem Melendez Councilmember
Bhutta, Councilmember Hickman.
ABSENT: Councilmember Buckley.
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
City Clerk Thomsen notified Mayor Magee Mr. Ron Hewison would be present for
the meeting. Mr. Hewison requested to address the Council for the Study
Session as well.
HOPE Quarterly Update (Helping Our People in Elsinore)
Mr. Hewison stated he had two versions for the meetings; he wanted to give the
Council a detailed version now so they could truly know the needs of HOPE and
tonight at the City Council meeting, he would just give an overview.
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Joint Study Session for Agenda Review
Meeting Minutes of October 27, 2009
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He noted that HOPE was pledging food to distribute. Due to the economic status
today, more people than ever, including families are in need due to loss of
income and homes. Mr. Hewison noted currently HOPE is feeding 1,300 families
and 4,000 people per month. He stated they need volunteers to help distribute
food. He commented that so many people arrive in vehicles safety became a
concern. He thanked the City for safety signs to help provide directions for
drivers. Mr. Hewison stated everyone has been impacted by the decline in the
economy, which has also impacted the amount of donations HOPE is receiving.
Mr. Hewison continued stating they have been able to add a "Fresh Rescue"
program in addition to their "Pantry" and "Commodities" programs. Year by Year
comparisons are given for all programs and for just the "Pantry" program.
Mr. Hewison noted it is time for charities to apply for funding from Cities and
Counties, and he has been diligently involved with the County to apply for any
possible funds. He spoke regarding receiving funding from the cities of Murrieta
and Temecula, noting Community Development Block Grants (CDBG) will soon
be available and asked the Council to consider HOPE when they divide their
funding.
Mr. Hewison stated there are two schedules; 1) Pantry only by quarter (showing
an increase of 46 percent); and 2) All other programs compared by year. He
noted in 2004, HOPE was distributing approximately 40,000 meals a year in
comparison to the 42,000 meals which will be served this month alone. He
further stated historically, the first quarter, (Q1) has been 18 — 23 percent of the
year which equates to approximately 475,000 pantry meals this year.
He noted there are three food programs (Pantry, Commodities, and Fresh
Rescue) which result in helping over 1,350 families which is equivalent to
approximately 4,000 people each month. He further stated those who receive
Pantry items have their income verified, 99 percent of the people are in extremely
low income levels.
Mr. Hewison provided further details of the Pantry Program, stating their new
database enables them to oversee and identify their growth. He commented
HOPE has always been viewed as a "Senior Program" however, with the new
growth during this economic decline; seniors currently are only 20 percent of
those in need. Mr. Hewison noted children make up 50 percent which equates to
approximately 600 children a month. He further noted, if you include their
parents, the percentage is around 60 percent for families with children. He
commented this huge growth in the Pantry Program includes seniors,
grandparents, disabled, single parents and also churches, schools and some
categories of the Department of Public Social Services (DPSS).
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council / Redevelopment Agenda
Joint Study Session for Agenda Review
Meeting Minutes of October 27, 2009
Page 3 of 16
Mr. Hewison stated in 2006, HOPE was able to become the distributor for USDA
commodities in the Valley. He noted in the beginning days, maybe 100 families
needed commodity assistance, now 600 families or approximately 2,500+ people
use this service. Mr. Hewison noted people are currently lining up 8 hours in
advance of distribution, parking is impossible. Mr. Hewison stated satellite sites
are now being utilized, locations are EFA, Vineyard; Gracepoint, yet they are still
not enough. Mr. Hewison commented HOPE is still reviewing how to improve
this need.
Beginning in 2008, HOPE was fortunate to receive Fresh Rescue items which
enable them to supplement pantry meals during the week and to assist an
additional 80 families on Friday and Saturdays. Again, lines began forming hours
ahead causing the distribution point to be moved to Gracepoint and NewSong.
In addition, HOPE is now delivering directly to trailer parks.
Mr. Hewison commented keeping up with the increase is becoming difficult, even
with approximately 50 core volunteers every week, three volunteers are now
stepping up as Executive Directors for Pantry Services; Senior Services and
Administration.
Mr. Hewison noted there is a great need for a larger facility. Accommodation
needs to be at least 2,500 square feet plus a ground floor, a mezzanine as small
as 4,000 square feet up to 7,000 or 8,000 square feet. This facility is needed as
soon as possible. Mr. Hewison stated he has been looking to see how other
pantries around the country had approached their rapid growth and discovered
they used approximately 85 percent from CDBG funds to expand. He noted
Temecula is creating a Community Center which will house the pantry and
SAFE. Mr. Hewison requested Lake Elsinore to consider the possibility of using
the Lake Elsinore Senior Center or Community Center and possibly using CDBG
funds.
Mr. Hewison commented he has initiated brief discussions with Riverside County
which seem positive. Their preference favors a rehabilitated structure rather than
a new building, and may provide CDBG funds in addition to what is already
received.
Mr. Hewison suggested creating an exploratory working group consisting of
HOPE, the City and the County to focus on finding a new location. He hopes
someone will come forward who has this type of knowledge and / or experience,
since he is not familiar with this field.
Handouts for the City Council giving details of the numbers for each program and
annual comparisons was given to the City Clerk for the record.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council / Redevelopment Agenda
Joint Study Session for Agenda Review
Meeting Minutes of October 27, 2009
Page 4 of 16
PANTRY MEALS DISTRIBUTED
YEAR ON YEAR COMPARISON
2005/06 - 2006/07 - 2007/08 - 2008/09 - 2009/10
2005 -06 2006 -07 2007 -08 2008 -09 2009 -10
Q1 12216 18180 41904 75132 110052
Q 13695 22824 61628 88056
Q 17226 27144 55296 83232
Q4 18684 35460 66653 86281
TOTALS 61821 103608 225481 332701
Mayor Magee asked if Mr. Hewison would consider the Big Lots building since
they are moving from Lakeshore Drive to Mission Trail. He noted this was a
large building which HOPE could grow into, and stated this building is next door
to another County program, for Women, Infants, and Children. Mayor Magee
wanted to know if Mr. had thought of this building and / or has reached out to the
County or the Economic Development Agency (EDA) for their support. Mr.
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Lake Elsinore City Council / Redevelopment Agenda
Joint Study Session for Agenda Review
Meeting Minutes of October 27, 2009
Page 5 of 16
PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE
None.
PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES
None.
CONSENT CALENDAR
(2) Approval of City Council Minutes NO QUESTIONS / COMMENTS
Recommendation: Approve the following minute(s):
(a) Joint Study Session City Council / Redevelopment Agency from
September 22, 2009.
(3) Warrant List Dated October 15, 2009
Recommendation: Authorize payment of Warrant List dated
October 15, 2009.
Councilmember Bhutta had the following questions:
Expenditure Approval List Temecula Motorcycle Sales & Service
Page 15
Director Riley stated this is for the Police Motorcycles repairs when
needed
Expenditure Approval List Temecula Valley Pipe & Irrigation &
Page 15 Supply
Director Riley responded this was in relation to irrigation needs.
Councilmember Bhutta questioned if there was anyone in town who could
provide this work?
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council / Redevelopment Agenda
Joint Study Session for Agenda Review
Meeting Minutes of October 27, 2009
Page 6 of 16
Director Kilroy stated regarding irrigation items, depending upon what was
needed and for which location such as valves impacts where the items are
purchased from. He noted no one in town can provide this service.
Director Seumalo responded regarding the motorcycle repair shop, stating
the City's Chief Mechanic shops around for deals and noted the City
receives reduced rates from this shop, but they can check to see if there is
someone local.
Mayor Magee stated the City only has 1 motorcycle shop and noted they
do not provide the type of service the Police motors need.
City Manager noted the City does try to keep all business and sales tax in
town whenever they can.
(4) Investment Report — September 2009 NO QUESTIONS / COMMENTS
Recommendation: Receive and file.
(5) Interchange Improvements at Interstate 1 -15 and Central Avenue (SR -74)
Change Order No. 1 for Surveying and Change Order No. 2 for Soils
Testing Consultants
Recommendation:
1. Approve Change Order No. 2 in the amount of $28,520.75 for City
and County Soil Engineering and Testing.
2. Approve Change Order No. 1 in the amount of $23,901.25 for KDM
Meridian.
3. Authorize the City Manager to execute the Contract Change
Orders.
Mayor Pro Tem Melendez questioned who identified the work needed.
Director Seumalo responded the City wanted a different earthwork
contractor.
Mayor Magee gave credit to Director Seumalo for finding dirt at a reduced
rate and saving the City money and thanked him for this effort. He stated
however, he noted the job was going into the 55 week. The Mayor
stated landscaping was still needed and asked why straw was acceptable
at the 1 -15 and SR 74 interchange. Director Seumalo noted the straw may
have been in part of the erosion prevention.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council / Redevelopment Agenda
Joint Study Session for Agenda Review
Meeting Minutes of October 27, 2009
Page 7 of 16
(6) Annual Software Maintenance Agreement Renewal with SunGard Public
Sector
Recommendation: Authorize the City Manager to renew the annual
software maintenance agreement with SunGard Public Sector. This is a
sole source vendor and as long as we use the software we must continue
to use SunGard Public Sector for the maintenance of this software.
Councilmember Bhutta stated we had been using this vendor and
software since 1990 and asked if it was still valid. Manager Dennis stated
it sill worked sufficiently for our needs and to replace it would be costly.
He noted it is not a windows product or a enterprise product.
Councilmember Bhutta noted approximately $750,000 has been spent.
(7) A Resolution Approving the Form of and Authorizing the Execution and
Delivery of a Purchase and Sale Agreement and Related Documents with
Respect to the Sale of the Seller's Proposition 1A Receivable from the
State; and Directing and Authorizing Certain other Actions in Connection
Therewith
Recommendation: Adopt Resolution No. 2009- and authorize the
Mayor to execute the Purchase and Sale Agreement along with the
related documents.
City Attorney Leibold gave an overview of the item and the relationship to
Proposition 1A .
Councilmember Hickman requested City Attorney Leibold to give an
overview and to clarify his questions.
City Attorney Leibold noted this is in form of statewide Bond Counsel, the
proposal is to participate in the Bond receipt to mitigate the impact for the
loss of the funds. A portion will be distributed back to those Cities who
participate.
PUBLIC HEARING(S)
None.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council / Redevelopment Agenda
Joint Study Session for Agenda Review
Meeting Minutes of October 27, 2009
Page 8 of 16
APPEAL(S)
None.
BUSINESS ITEM(S)
(8) Graffiti Action Plan Update
Recommendation: Receive and file.
Manager Dennis gave an overview of the progress of implementing the
Graffiti Action Plan and the testing and instillation of the T.A.G.R.S.
software. He gave an update of the graffiti hotline, the WeTip hotline and
future plans to move the cameras to various locations to catch violators
unaware. Manager Dennis noted the best deterrent is the restoration and
the prosecution of the crimes.
Councilmember Hickman requested information regarding who should be
called if they see graffiti in action. Manager Dennis stated the Police has
requested if someone sees a crime in action they want 911 to be called.
He noted during the day to call the Graffiti hotline.
Mayor Pro Tem Melendez asked for information regarding a dedicated line
at the Police Department for graffiti. Manager Dennis noted currently the
WeTip line and program is being looked at.
City Manager Brady stated at the Rio Car Wash taggers were caught by
the Police. Councilmember Hickman stated perhaps Code Enforcement
could have a number during the day; they were probably the best option to
actually catch someone in the act.
(9) Extension of Time for Tentative Tract Map No. 31593
Recommendation: Adopt a Resolution approving the request for an
Extension of Time for Tentative Tract Map No. 31593 for twenty four
(24) months or until November 8, 2009.
Acting Community Development Director Weiner gave an overview of the
request of the Developer Eric Lunde regarding the current Conditions of
Approval (COA) originally established with Tentative Tract Map
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council / Redevelopment Agenda
Joint Study Session for Agenda Review
Meeting Minutes of October 27, 2009
Page 9 of 16
No. 31593. Mr. Lunde is requesting amendments to COA Items No. 5, 6,
and 9. The individual requests were addressed:
Item No. 5
Original COA calls for the Developer to transfer title to the City of a
3.5 acre park and the City is to be free and clear of all financial
encumbrances. In addition, a 1.5 acre park with a Community
Homeowners Association, Community Pool and Clubhouse be available
for the subdivision.
Mr. Lunde would like to dedicate the full 5 acre park to the City (however
the free and clear of all financial encumbrances is not offered) meaning
the City would be responsible for all costs including maintenance. He
does not feel a Homeowners Association, the Clubhouse and a private
park are needed especially due to the economic climate.
Discussion was held by the Council, City Staff and the Developer who
would be responsible for the payment of the dedicated park maintenance.
It was determined the City should not have to fund park maintenance;
therefore the original COA could be kept. Discussion was held regarding
the need for a Homeowners Association, a private park, or Clubhouse.
Item No. 6
Current COA states the Applicant shall submit a preliminary concept plan
of the proposed recreation facilities and amenities for review and approval
and shall post a Performance Bond in the amount of $2 million
guaranteeing the construction of the park as provided until the completion
of the park. Mr. Lunde would like to have the cost reduced due to the
economic climate. He does not like the specific dollar amount which is
currently stated.
Discussion was held by the Council, City Staff and the Developer
regarding the cost of the Performance Bond. It was determined actual
building will not happen until at least 3 years from now, therefore the cost
could remain as it currently states, the price of a Lump -sum Bond not tied
to a specific improvement.
Mayor Magee clarified with staff how the $2 million amount came about.
Mr. Weiner responded.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council / Redevelopment Agenda
Joint Study Session for Agenda Review
Meeting Minutes of October 27, 2009
Page 10 of 16
Item No. 9
Current COA states the Applicant is responsible to have the Park built and
ready for use when the 1 residence is sold. Mr. Lunde would like to
propose that this number be changed to when the 250 residence is sold,
due to the large amount of up -front money required to be spent.
(10) Resolutions Setting Date of Recall Election, Regulation of Candidate
Materials and Costs; Establishing Runoff Election For Ties; and requesting
Registrar of Voters to render Election Services
Recommendation:
1) Choose one of the proposed dates and adopt a Resolution to Order
a date for a Recall Special Municipal Election.
2) Adopt a Resolution to establish Candidate Rules and Regulations
specific only to this Recall Special Municipal Election and
automatically rescind this adopted Resolution once the election has
taken place.
3) Decline to adopt a Resolution to hold a Special Runoff Election if
the election results are tied.
4) Adopt a Resolution requesting the Riverside County Board of
Supervisors to authorize the Registrar of Voter's office to render
services for this Recall Special Municipal Election and automatically
rescind this adopted Resolution once the election has taken place
5) Direct the City Manager which financial funds to use from the Fiscal
Year 2009/10 budget to cover the Recall Special Municipal
Election's expenses. City management recommends transferring
funds from the Unallocated Fund Balance to the General Fund to
cover all costs associated with the Recall Special Municipal
Election.
There was a public speaker who wished to address this item, Ms. Susan
Rebar and asked approval to read a statement into the record. Mayor
Magee granted approval.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council / Redevelopment Agenda
Joint Study Session for Agenda Review
Meeting Minutes of October 27, 2009
Page 11 of 16
BEGINNING OF STATEMENT READ FOR THE RECORD:
City Clerk
Lake Elsinore, City Council
Meeting October 27, 2009
Letter / submission into the official record regarding John Burkett signature
collector, in the recall against Thomas Buckley.
Dear City Council;
My name is Susan Rebar I am a resident of the City of Lake Elsinore for
more than 21 years. I have seen phenomenal changes in our community.
I moved here in 1988, when the 15 freeway killer was on the loose, there
was a meth lab across the parking lot of the Jr. High, that my son
attended, and the fish kill was front page news.
I am grateful for the amazing changes that have occurred in our city and
the challenges that our leaders have overcome.
Our City is now faced with an economic crisis that is not of our own
making, so the wise use of city resources is an imperative.
This is why I am here today, regarding the recall of Thomas Buckley; the
expenditure of resources to finance the recall is simply a waste of money,
in our already stretched economy. The estimated costs of 30,000 to
50,000 to potentially shorten Mr. Buckley's term by 10 months, is not the
best use of city funds. Mr. Buckley is required to call for a count and vote
for any actions taken by the Redevelopment Committee of which he
chairs. He would have been required to do that for any land purchase. If
the checks and balances are in place then it is easy enough to see that
this recall is unfounded.
I would suggest rather that a full investigation of John Burkett, be
launched to investigate his signature collection practices, prior to calling
for any special election.
I have personal knowledge that Mr. Burkett from his own admission does
not live within the city limits. When Mr. Burkett came to my door to ask,
for my signature, I was more interested in why he was motivated to gather
signatures. As I had not previously met Mr. Burkett, I asked him several
questions, to determine his motivation.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council / Redevelopment Agenda
Joint Study Session for Agenda Review
Meeting Minutes of October 27, 2009
Page 12 of 16
1. Did he live in the City?
a. Response yes over by the Casino
2. How long had he lived in the City?
a. 18 years
His responses were funny to me I that there are no city residences by the
Casino those homes are Sedco Hills / Wildomar.
I asked several other questions, to which he became impatient and said
that if I didn't want to sign then he had better things to do and he huffed
off.
The reason that I am standing on this issue is simply that this could be an
assault against any City Council Member, and there are no protections
against such harassment. It is really an assault against our city not just
our City Leaders. If Mr. Burkett can do this for some personal motivation,
anyone can do it.
I would suggest that the City Council consider some form of protection
against such actions by placing a stipulation with full disclosure requiring
that all Signature Collectors, be required to show proof of residency at the
onset of a recall or other type of petition consideration within the city limits.
Those limitations are placed on the candidates, why not those who want to
challenge our city and its leaders.
I could easily disqualify Mr. Burkett as a man with motivation other than
the good of our City and its Citizens, but I don't know how many other
residents would be able to do the same based on Mr. Burkett's sales style
and tactics. He was very friendly and jovial until I asked too many
questions, then he was angry and frustrated, a bit intimidating I would say.
I live in an amazing city and often in my travels refer to myself as a
Grandma fro Lake Elsinore' as our city has developed into a beauty
nestled between the mountains, beside a lake with a fare climate.
I don't like to use the word proud much as the implications are strong, and
somewhat boastful, so today I use the word to describe those things I am
proud of: My Husband, My Son, By Grandbaby, My Country and My City.
Let us not be harmed by the interests of an outsider; I respectfully request
that you preserve our beauty, and not let someone take away anymore of
resources or even our staff jobs, by this frivolity.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council / Redevelopment Agenda
Joint Study Session for Agenda Review
Meeting Minutes of October 27, 2009
Page 13 of 16
Respectfully submitted for the Record,
Susan Rebar, Resident
END OF STATEMENT READ FOR THE RECORD:
Mayor Magee requested City Attorney Leibold to respond to Ms. Rebar
regarding her statement.
City Attorney Leibold stated the course of action taken tonight was neither
in support of the recall nor against it; the City is required to follow the letter
of the law of the California Elections Code. There is no choice in calling
an election, if the City Council does not do this, then the Riverside County
Registrar of Voters must do so within 5 days.
Mayor Magee stated barring another authority who has the power to stop
this, the date must be set. City Attorney Leibold confirmed this.
PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES
None.
REDEVELOPMENT AGENCY
CALL TO ORDER — 4:00 PM
Vice Chair Bhutta opened the Redevelopment Agency portion of the Joint Study
Session at 4:35 p.m.
ROLL CALL
Roll call stood as previously stated for the City Council meeting.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council / Redevelopment Agenda
Joint Study Session for Agenda Review
Meeting Minutes of October 27, 2009
Page 14 of 16
CONSENT CALENDAR
There was no one who wished to speak regarding a Consent item.
(2) Approval of Redevelopment Agency Minutes
NO QUESTIONS / COMMENTS
Recommendation: Approve the following minute(s):
(a) Joint Study Session City Council / Redevelopment Agency
September 22, 2009
(b) Redevelopment Agency Regular Meeting
October 13, 2009
(3) Warrant List Dated October 15, 2009 NO QUESTIONS / COMMENTS
Recommendation: Authorize payment of Warrant List dated
October 15, 2009.
(4) Investment Report — September 2009 NO QUESTIONS / COMMENTS
Recommendation: Receive and file.
PUBLIC HEARING(S)
None.
BUSINESS ITEM(S)
None.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council / Redevelopment Agenda
Joint Study Session for Agenda Review
Meeting Minutes of October 27, 2009
Page 15 of 16
PUBLIC COMMENTS — NON- AGENDIZED ITEMS — 3 MINUTES
None.
CLOSED SESSION
There was no one who wished to speak to a RDA Closed Session item.
Agency Counsel Leibold gave an overview of the Redevelopment Agency Closed
Session item.
RDA 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: 2 cases
ADJOURNMENT
The Redevelopment Agency completed the business before them at 4:36 p.m.
and adjourned the meeting back to the City Council to complete their meeting
and adjourn to the Closed Session meeting scheduled to be held at 5:00 p.m.
CITY COUNCIL CLOSED SESSION
There was no one who wished to speak to a City Council Closed Session item.
City Attorney Leibold gave an overview of the City Council Closed Session item.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council / Redevelopment Agenda
Joint Study Session for Agenda Review
Meeting Minutes of October 27, 2009
Page 16 of 16
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)
ADJOURNMENT
The City Council and the Redevelopment Agency completed the business before
them at 4:37 p.m. and both adjourned to the Closed Session meeting scheduled
to be held at 5:00 p.m.
The Lake Elsinore Redevelopment Agency and the City Council will adjourn to a
regular meeting to be held on Tuesday, October 27, 2009, at 5:00 p.m. 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
CC December 08, 2009 Item No. 2
Page 33 of 61
Page 1 of 13
CITY OF LAKE ELSINORE
JOINT CITY COUNCIL / REDEVELOPMENT AGENCY
STUDY SESSION - AGENDA REVIEW
MINUTES
November 10 2009
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, November 10 2009 in the Cultural Center, located at 183 N. Main
Street, Lake Elsinore, CA 92530.
PRESENT: Mayor Magee, Mayor Pro Tem Melendez, Councilmember
Bhutta, 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
City Clerk Thomsen notified Mayor Magee who would be present for each
presentation, including the National Diabetes contact could not guarantee who
would be there.
Certificate of Appreciation to Lamb Fellowship Church Lake Elsinore:
Dan and Sue Lincoln
Certificate of Appreciation to C R & R:
Dolores Sanchez - Badillo, Community Service & Recycling Coordinator
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority
Joint Study Session for Agenda Review
Meeting Minutes of November 10, 2009
Page 2 of 13
National Diabetes Awareness Month:
Not determined.
Coalition to Improve Education:
Doug McAllister, Governmental Affairs Director for Verizon Foundation and
Roxanne Petteway, President of the Coalition.
PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE
None.
PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES
None.
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) Warrant List Dated October 29, 2009
Recommendation: Authorize payment of Warrant List dated
October 29, 2009.
Council held discussion with City staff to resolve all questions.
(3) Construction of Interchange Improvements at Interstate I - 15 and Central
Avenue (SR - 74) — Approval of Measure A Funding Agreement for
I - 15 / Central Avenue
Recommendation: Authorize the Mayor to sign an Agreement on behalf
of the City to receive Measure A Regional Arterial fund reimbursements in
the amount of $ 2,000,000.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority
Joint Study Session for Agenda Review
Meeting Minutes of November 10, 2009
Page 3 of 13
Mayor Magee questioned why straw could be appropriate landscaping and
commented on the length of time the project took. Director Seumalo
stated straw helped to eliminate erosion.
(4) Rosetta Canyon Fire Station and Park — Grant of Easement to Elsinore
Valley Municipal Water District (EVMWD)
Recommendation: Authorize the Mayor to execute the Easement
Agreement with EVMWD for Rosetta Canyon Fire Station and Park as to
final form approved by the City Attorney.
Mayor Pro Tem Melendez questioned if the City had received anything in
return for allowing the water company to access their equipment on park
property, to which staff stated this was a professional courtesy. She
suggested negotiating with EVMWD to determine if they would consider
contributing towards a "dog run" or fencing since the area was not large
enough for a full dog park. Mayor Pro Tem Melendez stated she would
approach the subject later tonight with Mr. McAllister since he would be
present.
(5) Construction Contract Award — Gravel Road Paving FY 2009 / 2010
Recommendations:
1. Approve Gravel Road Paving Contract PMP -09 as to form and
award the project to All American Asphalt for $ 228,000.
2. Authorize the City Manager to execute the Contract with
All American Asphalt.
Discussion was held regarding the choosing of All American Asphalt as a
contractor; Director Seumalo responded noting they had worked with the
City previously and we were happy with their work.
(6) Use of Measure A to Fund Replacement of Survey Monuments
NO QUESTIONS / COMMENTS
Recommendations:
1. Approve the use of Measure A funds in an amount Not -to- Exceed
$35,000.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority
Joint Study Session for Agenda Review
Meeting Minutes of November 10, 2009
Page 4 of 13
2. Authorize staff to prepare and distribute a Request for Proposal
soliciting qualified Land Surveyors to submit qualifications and fee
schedules for this work.
(7) Street Closures for "Put Unity in the Community Parade"
Recommendation: Approve temporary street closures for the Unity
Parade on November 21 from 8:00 a.m. to noon for Lewis Street,
Graham Avenue, Main Street and Heald Avenue.
Director Kilroy gave a brief overview noting signs have been out to notify
the public when the parking restrictions would take place, and banners are
hung. He reviewed the parade route and staging area. Discussion was
held regarding the Downtown Business Association (DBA) and the impact
the parade may have on the businesses.
City Manager Brady noted meetings have been held with the DBA and
they did not seem to have a problem with the street being blocked. He
noted most of the businesses are usually busy when there is an event in
town.
(8) Indemnity and Defense Coordination Agreement for Lake Street
Marketplace NO QUESTIONS / COMMENTS
Recommendation: Approve the Indemnity and Defense Coordination
Agreement and authorize the Mayor to execute the Defense Coordination
Agreement and necessary ancillary documents subject to such minor
modifications as recommended by the City Attorney.
(9) Nichols Road Gap Parcels
Recommendation:
1. Approve the Purchase and Sale Agreement.
2. Authorize the Mayor to execute the Purchase and Sale Agreement
and the Grant Deed; both in such final form as approved by the City
Attorney.
3. Authorize the City Manager to execute the Certificate of
Non - Foreign Status, in such final form as approved by the City
Attorney.
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Joint Study Session for Agenda Review
Meeting Minutes of November 10, 2009
Page 5 of 13
An overview of the Purchase and Sale Agreement and the conditions
reached with Castle & Cooke regarding reimbursement, installment
payments and fee title to the property was discussed. The property, which
consists of 5 parcels is needed for completion of offsite improvement to
Nichols Road and required in accordance with the Conditions of Approval
related to Tentative Tract Map No. 28214.
(10) Amendment to Professional Service Agreement with Francisco &
Associates
Recommendation:
1. City Council approve the First Amendment to the Agreement for
Professional Services with Francisco & Associates and authorize
the City Manager to execute the Amendment in such final form as
approved by the City Attorney.
The reason for the Amendment is because the original Agreement
with Francisco & Associates applied only to City Contracts.
Currently, there is a need to have their assistance with projects
regarding the Redevelopment Agency (RDA) as well. The purpose
of the Amendment is to qualify the Agreement for both, City Council
and RDA.
PUBLIC HEARING(S)
None.
APPEAL(S)
None.
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Joint Study Session for Agenda Review
Meeting Minutes of November 10, 2009
Page 6 of 13
BUSINESS ITEM(S)
(11) 2010 - 2011 Community Development Block Grant (CDBG) Allocation
Recommendations:
1. Adopt the CDBG Program for Fiscal Year 2010 - 2011.
2. Approve submittal of the City's program to the County of Riverside.
Ron Hewison from HOPE stated there are many, many additional people
in need today then ever. He gave an overview of the programs and
assistance HOPE provides, and stated not only are they grateful to the
City of Lake Elsinore for their support, but he currently attends meetings
held by Riverside County to receive any assistance he can.
Rhonda Guaderrama, Director of Operations for the Boys and Girls Club
thanked the Council for past and present support and gave a brief
overview how the money would be spent, transportation for youth,
scholarships for sports, and camp for children who could not otherwise
afford to go.
(12) La Strada Project Update
Recommendation: Receive and file.
Director Seumalo gave an update of the project which addressed many of
the expressed concerns from the Council and those living in the Tuscany
Hills area. The Tract Map 32077 was approved October 2007. He
addressed the hauling issues, truck routes, road damage and repair, and
erosion. Mr. Andrew Backlund, from G.K. Backlund Inc. gave an overview
of the project and his company's involvement to date. He noted originally
there was 110,000 cubic yards of material which needed to be removed.
He stated the balance remaining is 80,000 cubic yards. Council had
several questions for Mr. Backlund and discussion was held.
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Joint Study Session for Agenda Review
Meeting Minutes of November 10, 2009
Page 7 of 13
(13) A Resolution of the City Council of the City of Lake Elsinore, California,
Approving Loan Agreements to be Entered into by the Redevelopment
Agency of the City of Lake Elsinore in Connection with the Issuance of the
Lake Elsinore Public Financing Authority Tax Allocation Revenue Bonds
(1999 Series C Refunding), 2009 Series A, in the Aggregate Principal
Amount not to Exceed $ 16,000,000; and Authorizing the taking of Certain
other Actions Related Thereto
Recommendation:
1. Staff recommends that the Authority / City / Agency approve the
attached Resolutions and execute the necessary documents to
issue bonds in an amount not to exceed $ 16 million to refinance
the Authority's 1999C Bonds.
CITY COUNCIL RESOLUTION
A Resolution of the City Council of The City Of Lake Elsinore,
California, Approving Loan Agreements to be entered into by The
Redevelopment Agency of The City of Lake Elsinore in connection
with the issuance of The Lake Elsinore Public Financing Authority
Tax Allocation Revenue Bonds (1999 Series C Refunding), 2009
Series A, in the Aggregate Principal Amount Not To Exceed
$16,000,000; and authorizing the taking of certain other actions
related thereto
Acting Director of Administrative Services Riley gave an overview
of the purpose and need for the refinancing of the 1999 Series C
Refunding and 2009 Series A. He noted the City's Finance Team
has been studying the advantages of refinancing these Bonds
along with restructuring and has determined it is in the benefit of
the City to do so. The three Agencies, City Council,
Redevelopment Agency (RDA) and the Public Finance Authority
(PFA) can combine their Bonds under the Public Finance Authority
for a lower rate yet have the same term. The savings is estimated
to be in excess of $100,000.
PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES
None.
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Joint Study Session for Agenda Review
Meeting Minutes of November 10, 2009
Page 8 of 13
REDEVELOPMENT AGENCY
CALL TO ORDER — 4:00 PM
Vice Chair Bhutta opened the Redevelopment Agency portion of the Joint Study
Session at 4:42 p.m.
ROLL CALL
Roll call stood as previously read.
PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE
None.
CONSENT CALENDAR
(2) Warrant List Dated October 29, 2009
Recommendation: Authorize payment of Warrant List dated
October 29, 2009.
Council held discussion with City staff to resolve all questions.
(3) Amendment to Professional Service Agreement with Francisco &
Associates
Recommendation: That the Agency Board approve the First Amendment
to the Agreement with Francisco & Associates for Professional Services
and authorize the Executive Director to execute the Amendment in such
final form as approved by Agency Counsel.
The reason for the Amendment is because the original Agreement with
Francisco & Associates applied only to City Contracts. Currently, there is
a need to have their assistance with projects regarding the
CC December 08, 2009 Item No. 2
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Joint Study Session for Agenda Review
Meeting Minutes of November 10, 2009
Page 9 of 13
Redevelopment Agency (RDA) as well. The purpose of the Amendment is
to qualify the Agreement for both, City Council and RDA.
PUBLIC HEARING(S)
None.
BUSINESS ITEM(S)
(4) A Resolution of the Redevelopment Agency of the City of Lake Elsinore
Approving the Issuance of Lake Elsinore Public Financing Authority Tax
Allocation Revenue Bonds (1999 Series C Refunding), 2009 Series A, in
the Aggregate Principal Amount not to Exceed $ 16,000,000; Approving a
Bond Purchase Contract, Loan Agreements, a Continuing Disclosure
Agreement and a Preliminary Official Statement; and Authorizing the
taking of Certain other Actions Related Thereto
Recommendation: Staff recommends that the Authority / City / Agency
approve the attached Resolutions and execute the necessary documents
to issue bonds in an amount not to exceed $ 16 million to refinance the
Authority's 1999C Bonds.
REDEVELOPMENT AGENCY RESOLUTION
A Resolution of The Redevelopment Agency of The City of Lake Elsinore
approving the issuance of Lake Elsinore Public Financing Authority Tax
Allocation Revenue Bonds (1999 Series C Refunding), 2009 Series A, in
the Aggregate Principal Amount Not to Exceed $16,000,000; approving a
Bond Purchase Contract, Loan Agreements, a Continuing Disclosure
Agreement and a Preliminary Official Statement; and authorizing the
taking of certain other actions related thereto
Acting Director of Administrative Services Riley referenced the overview
he gave for the City Council portion of the Joint Study Session stating this
was the same scenario for the RDA as well. The three Agencies, City
Council, Redevelopment Agency (RDA) and the Public Finance Authority
(PFA) can combine their Bonds under the Public Finance Authority for a
lower rate yet have the same term. The savings is estimated to be in
excess of $100,000.
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Joint Study Session for Agenda Review
Meeting Minutes of November 10, 2009
Page 10 of 13
PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES
None.
PUBLIC FINANCE AUTHORITY
CALL TO ORDER
Chairman Hickman opened the Public Finance Authority portion of the Joint
Study Session at 4:46 p.m.
ROLL CALL
Roll call stood as previously read.
PUBLIC COMMENTS— NON - AGENDIZED ITEMS —1 MINUTE
None.
CONSENT CALENDAR
None.
BUSINESS ITEMS
(1) A Resolution of the Board of Directors of the Lake Elsinore Public
Financing Authority Approving the Issuance of Lake Elsinore Public
Financing Authority Tax Allocation Revenue Bonds (1999 Series C
Refunding), 2009 Series A in the Aggregate Principal Amount not to
Exceed $ 16,000,000; Approving an Indenture of Trust, a Bond Purchase
Contract, Loan Agreements and a Preliminary Official Statement; and
Authorizing the taking of Certain other Actions Related Thereto
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Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority
Joint Study Session for Agenda Review
Meeting Minutes of November 10, 2009
Page 11 of 13
Recommendation: Staff recommends that the Authority / City / Agency
approve the attached Resolutions and execute the necessary documents
to issue bonds in an amount not to exceed $ 16 million to refinance the
Authority's 1999C Bonds.
CITY COUNCIL RESOLUTION
A Resolution of the City Council of The City Of Lake Elsinore, California,
Approving Loan Agreements to be entered into by The Redevelopment
Agency of The City of Lake Elsinore in connection with the issuance of
The Lake Elsinore Public Financing Authority Tax Allocation Revenue
Bonds (1999 Series C Refunding), 2009 Series A, in the Aggregate
Principal Amount Not To Exceed $16,000,000; and authorizing the taking
of certain other actions related thereto
REDEVELOPMENT AGENCY RESOLUTION
A Resolution of The Redevelopment Agency of The City of Lake Elsinore
approving the issuance of Lake Elsinore Public Financing Authority Tax
Allocation Revenue Bonds (1999 Series C Refunding), 2009 Series A, in
the Aggregate Principal Amount Not to Exceed $16,000,000; approving a
Bond Purchase Contract, Loan Agreements, a Continuing Disclosure
Agreement and a Preliminary Official Statement; and authorizing the
taking of certain other actions related thereto
LAKE ELSINORE PUBLIC FINANCING AUTHORITY
A Resolution of The Board Of Directors of The Lake Elsinore Public
Financing Authority approving the issuance of Lake Elsinore Public
Financing Authority Tax Allocation Revenue Bonds (1999 Series C
Refunding), 2009 Series A in the Aggregate Principal Amount Not to
Exceed $16,000,000; approving an Indenture Of Trust, a Bond Purchase
Contract, Loan Agreements and a Preliminary Official Statement; and
authorizing the taking of certain other actions related thereto
Acting Director of Administrative Services Riley referenced the overview
he gave for the City Council portion of the Joint Study Session stating this
was the same scenario for the RDA as well. The three Agencies, City
Council, Redevelopment Agency (RDA) and the Public Finance Authority
(PFA) can combine their Bonds under the Public Finance Authority for a
lower rate yet have the same term. The savings is estimated to be in
excess of $100,000.
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Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority
Joint Study Session for Agenda Review
Meeting Minutes of November 10, 2009
Page 12 of 13
PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES
None.
CLOSED SESSION
CITY COUNCIL CLOSED SESSION
There was no one who wished to speak to a City Council Closed Session item.
City Attorney Leibold gave an overview of the City Council Closed Session item.
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 CLOSED SESSION
There was no one who wished to speak to a RDA Closed Session item.
Agency Counsel Leibold gave an overview of the Redevelopment Agency Closed
Session item.
1) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Gov't Code
Section 54956.9: 1 case
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Joint Study Session for Agenda Review
Meeting Minutes of November 10, 2009
Page 13 of 13
ADJOURNMENT
There being no further business to come before the Public Finance Authority
their meeting was adjourned at 4:50 p.m. to Tuesday, November 24, 2009, at
7:00 p.m. to be held at the Cultural Center located at 183 N. Main Street, Lake
Elsinore, CA 92530.
The Lake Elsinore City Council / Redevelopment Agency adjourned at 4:50 p.m.
to the Closed Session meeting scheduled to be held at 5:00 p.m. in the Cultural
Center located at 183 N. Main Street, Lake Elsinore, CA 92530.
Debora Thomsen
Debora Thomsen, CMC
City Clerk / Redevelopment Agency Secretary
Public Finance Authority Secretary
City of Lake Elsinore, California
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Page 1 of 15
CITY OF LAKE ELSINORE
CITY COUNCIL MEETING
MINUTES
November 10 2009
(not official until approved)
CALL TO ORDER
Mayor Magee called the regular meeting of the Lake Elsinore City Council held
on Tuesday, November 10 n , 2009 to order at 5:00 p.m. in the Cultural Center,
located at 183 N. Main Street, Lake Elsinore, CA 92530.
PRESENT: Mayor Magee, Mayor Pro Tem Melendez Councilmember
Bhutta, Councilmember Hickman, Councilmember Buckley.
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, Director of Lake and Aquatics / Parks and Recreation
Director Kilroy, Information / Communications Manager Dennis, and Building /
Code Enforcement Manager Chipman.
5:00 P.M. CONVENE THE MEETING
CALL TO ORDER - 5:00 P.M.
RECESS TO CLOSED SESSION
There was no one who wished to speak regarding a Closed Session item.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council Agenda
Regular Meeting of November 10, 2009
Page 2 of 15
CITY COUNCIL CLOSED SESSION REPORT
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)
CALL BACK TO ORDER (7:00 P.M.)
Mayor Magee called the regular meeting of the Lake Elsinore City Council held
on Tuesday, November 10, 2009 to order at 7:00 p.m. in the Cultural Center,
located at 183 N. Main Street, Lake Elsinore, CA 92530.
PLEDGE OF ALLEGIANCE
The Mayor led the audience in the pledge of allegiance
INVOCATION — MOMENT OF SILENT PRAYER
The Mayor led the audience in a moment of silent prayer.
ROLL CALL
PRESENT: Mayor Magee, Mayor Pro Tem Melendez Councilmember
Bhutta, Councilmember Hickman, Councilmember Buckley.
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, Director of Lake and Aquatics / Parks and Recreation
Director Kilroy, Information / Communications Manager Dennis, and Building /
Code Enforcement Manager Chipman, and Police Chief Cleary.
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Lake Elsinore City Council Agenda
Regular Meeting of November 10, 2009
Page 3 of 15
CLOSED SESSION REPORT
City Attorney Leibold gave an overview of the Closed Session items stating there
was no reportable action.
PRESENTATIONS / CEREMONIALS
Certificate of Appreciation Presented to Lamb Fellowship Church Lake Elsinore
Accepted by Dan and Sue Lincoln
Certificate of Appreciation Presented to C R & R
Accepted by Dolores Sanchez - Badillo, Community Service & Recycling
Coordinator
Mayor Magee stating the Pastor from Lambs Fellowship Church had contacted
him to volunteer the services of his congregation, which is a wonderful thing for
the City of Lake Elsinore.
Dan Lincoln commented stated that the congregation is committed to serving the
community they live it and they will be repeating the above another round up is
scheduled for January 1, 2010.
Dolores Sanchez - Badillo stated that the neighboring city of Wildomar had
contacted her to see if they would do the same for their community.
Mayor Magee noted their accomplishments Lambs Fellowship Church and CR &R
worked together in August 2009 to participate in a "Serving the City" day. CR &R
donated the trash bins and a roll -top bin for each of the 13 locations. A total of
7 tons of trash & debris was accumulated. CR &R disposed of this at their
expense.
• There were a total of 310 persons from Lamb's Fellowship who
volunteered their time for the event.
• 250 of the volunteers went into the field and performed the cleanup
activities.
• 60 volunteers stayed at the church site preparing food and watching the
children of the field workers.
• There were 13 different sites that were worked on throughout the City.
• They raised $4,200. through donations and offerings to purchase hand
tools, gloves, and items to perform the work.
• The workers removed almost seven 7 tons of trash and debris from the
13 sites.
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Lake Elsinore City Council Agenda
Regular Meeting of November 10, 2009
Page 4 of 15
National Diabetes Awareness Month
Mayor Magee read a proclamation announcing November as National Diabetes
Awareness Month.
Presentation to Coalition to Improve Education
Doug McAllister, Governmental Affairs Director for Verizon Foundation presented
a $50,000. check by Verizon to the Coalition to Improve Education. The check
was received by Roxanne Petteway, President of the Coalition.
Mr. McAllister commented that it is a rare event to receive more than $5,000.
however the Coalition to Improve Education has been serving the community
since 2003 with only a few volunteers and they have brought the students up to
grade level proficiency.
Roxanne Petteway thanked Mr. McAllister and announced the Coalition to
Improve Education were up and running for another year. Contact information
for the Coalition is 951 696 -0853, www.literacvandvirtues.orq
PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE
Ron Hewison Director of HOPE informed everyone that HOPE still needs turkeys
for Christmas. HOPE would be distributing 650 Christmas baskets one week
prior to Christmas. 250 gift baskets were going to Senior Citizens with gift
certificates inside. Various groups have donated turkeys but still more is needed.
John Treese spoke regarding the ongoing Palomar Road Traffic Control and
thanked the Councilmembers for the opportunity to work with the Lake Elsinore
PEACE group, Manager Dennis and Director Seumalo. He stated the traffic
issues on Palomar Road along Serenity Park have been resolved and the
benefits are already noticeable after a few weeks. He commented he realizes
there are budget controls, but whenever possible, the residents would like to see
more of the traffic patrol and get all of the pieces tied together. Mayor Magee
thanked Mr. Treese for working with staff to get the job done.
Don Maples 11 stated he once owned 2 homes and a business; however due to
the economic downfall, he had been homeless on and off for 7 years. Recently
he had received a ticket for having a tent on public property and requested how
to handle it. The ticket was issued by Lake Elsinore Code Enforcement.
Mayor Magee referred Mr. Maples to Acting Community Development Director
Weiner for resolution.
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Lake Elsinore City Council Agenda
Regular Meeting of November 10, 2009
Page 5 of 15
Joey Longenecker spoke in reference to the homeless situation in Lake Elsinore.
He commented on his life history prior to being homeless, stating the City needs
a Homeless Shelter in Lake Elsinore.
Peter Dawson commented a lot of good has been done which is unseen in Lake
Elsinore in reference to the Lake Elsinore Search and Rescue, such as:
• 4,607 hours of service to Lake Elsinore
• 52 vessel responses
• Coast Guard responses and activity
• Boat Safety Classes
• Water Safety Classes at the grammar and high school
• Literature located at various places around town
CONSENT CALENDAR APPROVED
There was no public request to speak on any of the items.
(2) Warrant List Dated October 29, 2009
Recommendation:
Authorized payment of Warrant List dated October 29, 2009.
(3) Construction of Interchange Improvements at Interstate I - 15 and Central
Avenue (SR - 74) — Approval of Measure A Funding Agreement for
I - 15 / Central Avenue
Recommendation:
Authorized the Mayor to sign an Agreement on behalf of the City to
receive Measure A Regional Arterial fund reimbursements in the amount
of $ 2,000,000.
(4) Rosetta Canyon Fire Station and Park — Grant of Easement to Elsinore
Valley Municipal Water District (EVMWD)
Recommendation:
Authorized the Mayor to execute the Easement Agreement with EVMWD
for Rosetta Canyon Fire Station and Park as to final form approved by the
City Attorney.
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Lake Elsinore City Council Agenda
Regular Meeting of November 10, 2009
Page 6 of 15
(5) Construction Contract Award — Gravel Road Paving FY 2009 / 2010
Recommendations:
1. Approved Gravel Road Paving Contract PMP -09 as to form and
award the project to All American Asphalt for $ 228,000.
2. Authorized the City Manager to execute the contract with
All American Asphalt.
(6) Use of Measure A to Fund Replacement of Survey Monuments
Recommendations:
1. Approved the use of Measure A funds in an amount Not -to- Exceed
$ 35,000.
2. Authorized staff to prepare and distribute a Request- for - Proposal
(RFP) soliciting qualified Land Surveyors to submit qualifications
and fee schedules for this work.
(7) Street Closures for "Put Unity in The Community Parade"
Recommendation:
Approved temporary street closures for the Unity Parade on
November 21 from 8:00 a.m. to 12:00 p.m. for Lewis Street, Graham
Avenue, Main Street and Heald Avenue.
(8) Indemnity and Defense Coordination Agreement for Lake Street
Marketplace
Recommendation:
Approved the Indemnity and Defense Coordination Agreement and
authorized the Mayor to execute the Defense Coordination Agreement
and necessary ancillary documents subject to such minor modifications as
recommended by the City Attorney.
(9) Nichols Road Gap Parcels
Recommendation:
1. Approved the Purchase and Sale Agreement.
2. Authorized the Mayor to execute the Purchase and Sale Agreement
and the Grant Deed; both in such final form as approved by the City
Attorney.
3. Authorized the City Manager to execute the Certificate of
Non - Foreign Status, in such final form as approved by the City
Attorney.
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Lake Elsinore City Council Agenda
Regular Meeting of November 10, 2009
Page 7 of 15
(10) Amendment to Professional Service Agreement with Francisco &
Associates
Recommendation:
Approved the First Amendment to the Agreement for Professional
Services with Francisco & Associates and authorized the City Manager to
execute the Amendment in such final form as approved by the City
Attorney.
MOTION was made by Councilmember Bhutta, second by Mayor Pro Tem
Melendez and unanimously carried to adopt the Consent Calendar as
recommended.
AYES: Bhutta, Buckley, Hickman, Magee, Melendez.
NOES: None.
PUBLIC HEARING(S)
None.
APPEAL(S)
None.
BUSINESS ITEM(S)
(11) 2010 - 2011 Community Development Block Grant (CDBG) Allocation
APPROVED
Recommendations:
1. Adopted the CDBG Program for Fiscal Year 2010 - 2011.
2. Approved the submittal of the City's program to the County of
Riverside.
Acting Community Development Director Weiner gave an overview of the
2010 -2011 Community Development Block Grant (CDBG) to the Council, stating
the money would be used for sidewalk improvements near the elementary and
middle schools, upgrades to the Senior Center, Community Center and Code
Enforcement Program in order to keep reducing blight. Funding is to be
delegated to HOPE and the Boys and Girls Club.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council Agenda
Regular Meeting of November 10, 2009
Page 8 of 15
Ron Hewison from HOPE stated he had read the staff report and was in
agreement. He noted he would be happy to answer any questions from the
Council.
Rhonda Guaderrama, Director of Operations for the Boys and Girls Club thanked
the Council for past and present support and gave a brief overview how the
money would be spent, transportation for youth, scholarships for sports, and
camp for children who could not otherwise afford to go.
Kay Reid from the Assistance League of Temecula Valley spoke. She requested
the Council for consideration of funds for Operation School Bell. She stated she
thought perhaps they have not been considered grant funds because they are
not physically located in Lake Elsinore. She informed the Council out of the
1,500 students they assist annually; last year one -third or 500 of the youth were
from Lake Elsinore. The range of assistance is from Head Start to 8 grade.
The referrals come from the schools, Riverside County Sheriffs and Fire
Departments. The Assistance League provides the following to the children:
• new backpack
• a coat or jacket depending on the season
• 3 shirts
• 3 pair of pants
• 6 sets of underwear
• shoes
• a new towel
• alarm clock,
• 2 new books (selected by each student)
Ms. Reid noted they hear positive comments from the schools regarding the
difference it makes to the students to have the same opportunity as everyone
else.
Discussion was then taken to the Diaz for comments by Council.
Councilmember Hickman thanked Ms. Reid for the good job they are doing and
hoped funds could be found to assist them, if not now perhaps in the future. He
noted he had lunch with them and was told of the story of a family who had
2 boys, 1 went to school 2 days and week and the other 3 days a week because
they were sharing shoes.
Councilmember Bhutta thanked everyone for their presentations noting all are
providing worthy causes and good programs for the children. However, because
of the limited funds she was going to support staffs recommendations.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council Agenda
Regular Meeting of November 10, 2009
Page 9 of 15
Mayor Magee thanked Ms. Reid for the job the Assistance League was doing
and stated the City has contributed to her program in the past by taking money
from the General Fund and noted if adjustments are forthcoming, perhaps Lake
Elsinore would be able to assist again.
MOTION was made by Councilmember Bhutta, second by Mayor Pro Tem
Melendez and unanimously carried to adopt Item No. 11 as recommended.
AYES: Bhutta, Buckley, Hickman, Magee, Melendez.
NOES: None.
(12) La Strada Proiect Update
Recommendation:
Receive and file.
Public Works Director / City Engineer Seumalo provided a brief synopsis of the
La Strada project and requested an extension of the 2008 Grading Permit. He
noted to date, 110 cubic yards have been exported with 4,000 yards of material
remaining.
Rick Morsch, a Vietnam Veteran thanked Mayor Pro Tem Melendez for speaking
at Storm Stadium on Veterans Day to the local veterans and community. He
stated he lives 6 blocks from the La Strada Project and has major concerns. He
informed everyone the grading began May 2007, prior to a Permit being issued.
He stated the project was in full force then stopped, and all the equipment was
moved. He noted in May 2009, the project had begun again, yet this time the
work being preformed was different than the prior work. He noted the slopes
were no longer being torn down, the ground was being graded, and aggregate
was being hauled away. He questioned why the Permit wasn't issued until 2008.
He commented visually, he does not see them performing the work they are
permitted to do. He is also concerned there are too many large hauling trucks
coming down the road. Mr. Morsch expressed concern of rumors he has heard
regarding a change in ownership and requested the City to review the grading
and hauling operation.
Mayor Pro Tem Melendez requested a response from Director Seumalo in
reference to traffic control, haul routes and why the City does not impose
additional requirements. She noted her concern of using La Strada due to
children playing, the slope and the blind spot. She noted a traffic signal or stop
signs are needed and questioned the monitoring and inspections. She stated her
concerns regarding the funding to repair the road and if Bonds were being held.
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Lake Elsinore City Council Agenda
Regular Meeting of November 10, 2009
Page 10 of 15
She further stated the haul was not being kept local; the developer was taking
the aggregate somewhere else.
Public Works Director / City Engineer Seumalo stated City staff does not have
the authority to restrict the use of public streets; however they have encouraged
and recommended the Developer use Greenwald and Bella Vista. He
commented he was dismayed to hear the grading had begun prior to the Permit
being authorized and stated he would go back and verify the Permit dates,
perhaps something was noted incorrectly. He stated La Strada and Franklin are
public roads. Director Seumalo stated costs vary for repairs due to the multiple
options, such as patch, seal or slurry overlay.
Councilmember Buckley stated a couple of years ago when the plan was
approved, he didn't remember any discussion regarding hauling out more than
10 percent. He questioned if it was common to have an aggregate processing
plant on site.
Director Seumalo responded stating 10 percent conversion of dirt reduction is
common, however, the dirt is gone and aggregate is being taken away. He noted
aggregate increases in volume and stated it is not common to have an aggregate
processing plant on site.
Councilmember Hickman suggested another alternative was to make another
road for the haul. He stated La Strada should connect to Camino del Norte and
then the danger would be eliminated. He recommended a path be cut to run the
haul over to Franklin, noting they can get to the Freeway via a route which has
little traffic.
Mayor Magee stated he would like to know where the haul was going; his
understanding was it was supposed to for the local surrounding communities. He
stated everyone had fully expected La Strada to be developed by now. He noted
construction equipment can come and go, however, a threshold is needed and
there should not be 110 cubic feet of aggregate traveling through a residential
area. He noted when the plan was originally presented to Council, it was a great
plan, however; everything the developer originally promised has been eliminated.
As reference he stated large Tots and a Homeowners Association in which none
of this has come to pass.
Mayor Pro Tem Melendez noted someone had informed her via blog, they had
followed a haul truck as far as Warner Springs and finally turned around and yet
the truck was still traveling. She requested City Attorney Leibold to advise
regarding the legal ramifications of the La Strada Project.
City Attorney Leibold stated the Map is final and can not be adjusted. She
recommended a Hauling Ordinance could apply to the activity.
CC December 08, 2009 Item No. 2
Page 56 of 61
Lake Elsinore City Council Agenda
Regular Meeting of November 10, 2009
Page 11 of 15
(13) A Resolution of the City Council of the City of Lake Elsinore, California,
Approving Loan Agreements to be Entered into by the Redevelopment
Agency of the City of Lake Elsinore in Connection with the Issuance of the
Lake Elsinore Public Financing Authority Tax Allocation Revenue Bonds
(1999 Series C Refunding), 2009 Series A, in the Aggregate Principal
Amount Not -to- Exceed $16,000,000; and Authorizing the taking of Certain
other Actions Related Thereto APPROVED
Recommendation:
1. Staff recommends that the Authority / City / Agency approve the
attached Resolutions and execute the necessary documents to
issue bonds in an amount not to exceed $ 16 million to refinance
the Authority's 1999C Bonds.
Councilmember Hickman gave an overview of the benefits of
combining Bonds from the three Agencies, City Council,
Redevelopment Agency (RDA) and the Public Finance Authority
(PFA) under the Public Finance Authority for a lower rate yet the
same term. He noted the savings is estimated to be in excess of
$100,000.
Passed and adopted the following Resolution:
"Resolution No. 2009 -058— A Resolution of the City Council of The City Of
Lake Elsinore, California, Approving Loan Agreements to be entered into
by The Redevelopment Agency of The City of Lake Elsinore in connection
with the issuance of The Lake Elsinore Public Financing Authority Tax
Allocation Revenue Bonds (1999 Series C Refunding), 2009 Series A, in the
Aggregate Principal Amount Not To Exceed $16,000,000; and authorizing
the taking of certain other actions related thereto)."
MOTION was made by Councilmember Hickman, second by
Councilmember Buckley and unanimously carried to approve Item No. 13
and adopt Resolution No. 2009 -058 as recommended.
AYES: Bhutta, Buckley, Hickman, Magee, Melendez.
NOES: None.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council Agenda
Regular Meeting of November 10, 2009
Page 12 of 15
PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES
Timothy Wainsler stated he was glad to see all of the good work and involvement
from the community, noting this is the second time he has lived in Lake Elsinore.
He has seen improvements, such as the new animal shelter and does not
understand why the City does not yet have a Homeless Shelter. He noted in
1995 he worked with the City of Corona and HOPE, and was successful in
getting starting a shelter there. He commented there are many things
communities can do to help one another. He reminded everyone it is the holiday
season, miracles do happen at this time of year, especially when everyone works
together. He stated that he had asked Don Maples to attend the meeting to state
he could not afford a room and received a $150. ticket for sleeping on grass in
America. He suggested the Council obtain a Development Grant as Corona had
previously done, and perhaps a Blue Ribbon Committee could be put together.
CITY MANAGER COMMENTS
Thursday LEUSD — Terra Cotta Gymnasium Dedication Ceremony
Nov. 12 1:00 PM
Terra Cotta Middle School
LEUSD — Karen (951) 253 -7015
The Lake Elsinore Unified School District in a joint project with the City of Lake
Elsinore will come together to dedicate the Dr. Sharron Lindsay Community
Center on Thursday, November 12.
Monday Celebrating Heroes in Education - Dr. Passarella Reports
Nov. 16 6:00 pm - 8:00 pm
Diamond Club 500 Diamond Dr.
Reservations Required LEVCC (951) 245 -8848
Dr. Passarella will provide the community with an update on the Lake Elsinore
Unified School District as part of Celebrate Our Schools Week.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council Agenda
Regular Meeting of November 10, 2009
Page 13 of 15
Thursday 6th Annual Educational Career Summit
Nov. 19 9:00 am - 12:30 pm
Diamond Club 500 Diamond Dr.
Reservations Required LEVCC (951) 245 -8848
Lake Elsinore Valley Chamber of Commerce and Lake Elsinore Unified School
District work to build the skilled workforce of the future. Your participation as a
vendor will greatly benefit the 750 students who will be participating in this event.
Thursday Business Networking Mixer Benefitting Cops for Kids
Nov. 19 5:30 p.m. - 7:30 p.m.
Lake Chevrolet 31201 Auto Center Drive
Admission: One New Unwrapped Gift
Chamber — Anna (951) 245 -8845
A special event that directly benefits the children of the Lake Elsinore Valley.
Find out about Chamber Membership and promote your business by bringing a
raffle Item. Food and Refreshments provided
Saturday 8th Annual Tree Lighting Celebration
Nov. 21 2:00 pm - 8:00 pm
Lake Elsinore Outlets 17600 Collier Ave
(951) 245 -0087
Join the Lake Elsinore Outlets as they kickoff the holiday season with their
annual Christmas Tree Lighting ceremony.
Saturday Put the Unity in the Community Parade
Nov. 21 10:00 am
Historical Downtown Main Street
Kathye (951) 674 -8423
This annual event celebrates the Lake Elsinore Community with over 100 parade
entries that include schools, marching bands, scouts, clubs, and local officials.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council Agenda
Regular Meeting of November 10, 2009
Page 14 of 15
CITY ATTORNEY COMMENTS
None
COMMITTEE REPORTS
None
CITY COUNCIL COMMENTS
Councilmember Hickman stated 4 years ago there was a Homeless Committee
making progress and then Riverside County dropped the Grant funding. He has
seen women living in their vehicles with their children and he agrees that
something needs to be done for the homeless. Also, he thanked the Veterans
and stated that his second son will be arriving home from Afghanistan. He
reminded everyone to put their flags out.
Councilmember Buckley thanked the Veterans for their sacrifice stating he often
sees service men in uniform at the airport. He stops and lets them know he is
grateful for their commitment. He also stated something needs to be done for the
homeless, noting why the County pulled their money was because it was
determined they could not spend the Grant funds in another City. He then made
a public apology for the previous Friday night and assured everyone he was
working to resolve it.
Councilmember Bhutta thanked all of the Veterans for their service and reminded
everyone to celebrate with their families, which is also the theme for the
upcoming Unity Parade on November 21, 2009.
Mayor Pro Tem Melendez spoke about Veteran's Day noting the Veterans have
sacrificed their lives to protect our values and ideals. She requested everyone to
fly their flag proudly, and to say a prayer for the Veterans.
Mayor Magee commented attending the event at Storm Stadium was a great way
to continue to show support for our Veterans. He briefly mentioned the Fort
Hood tragedy and thanked all Veterans for their sacrifice to America. He also
encouraged everyone to embrace the upcoming Grand Prix.
CC December 08, 2009 Item No. 2
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Lake Elsinore City Council Agenda
Regular Meeting of November 10, 2009
Page 15 of 15
ADJOURNMENT IN MEMORIUM
Mayor Magee closed the session in memory and honor of all Veterans and the
servicemen at Fort Hood, Texas
The Lake Elsinore City Council will adjourn to a regular meeting to be held on
Tuesday, November 24, 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, City of Lake Elsinore, California
CC December 08, 2009 Item No. 2
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