Loading...
HomeMy WebLinkAbout2009-12-08 Redevelopment Item 2 CITY OF LAKE oLSINOU DREAM EXTREME �TN REPORT TO THE REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: DECEMBER 08, 2009 SUBJECT: APPROVAL OF MINUTES Discussion The following Redevelopment Agency Minutes are submitted for approval as follows: 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 Recommendation Approve the Minutes as submitted. Prepared by: Debora Thomsen Agency Secretary Approved by: Robert A. Brady Executive Directo RDA December 8, 2009 Item No. 2 Page 1 of 46 Page 1 of 16 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. RDA December 8, 2009 Item No. 2 Page 2 of 46 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 2 of 16 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. RDA December 8, 2009 Item No. 2 Page 3 of 46 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 3 of 16 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). RDA December 8, 2009 Item No. 2 Page 4 of 46 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 4 of 16 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. RDA December 8, 2009 Item No. 2 Page 5 of 46 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 5 of 16 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. RDA December 8, 2009 Item No. 2 Page 6 of 46 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 6 of 16 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. RDA December 8, 2009 Item No. 2 Page 7 of 46 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 7 of 16 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. RDA December 8, 2009 Item No. 2 Page 8 of 46 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 8 of 16 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. RDA December 8, 2009 Item No. 2 Page 9 of 46 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 9 of 16 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. RDA December 8, 2009 Item No. 2 Page 10 of 46 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 10 of 16 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. RDA December 8, 2009 Item No. 2 Page 11 of 46 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 11 of 16 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. RDA December 8, 2009 Item No. 2 Page 12 of 46 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 12 of 16 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. RDA December 8, 2009 Item No. 2 Page 13 of 46 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 13 of 16 (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. RDA December 8, 2009 Item No. 2 Page 14 of 46 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 14 of 16 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. RDA December 8, 2009 Item No. 2 Page 15 of 46 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 15 of 16 (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) RDA December 8, 2009 Item No. 2 Page 16 of 46 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 13, 2009 Page 16 of 16 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 RDA December 8, 2009 Item No. 2 Page 17 of 46 Page 1 of 16 CITY OF LAKE ELSINORE JOINT CITY COUNCIL / REDEVELOPMENT AGENCY STUDY SESSION - AGENDA REVIEW MINUTES October 27 th , 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. RDA December 8, 2009 Item No. 2 Page 18 of 46 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 27, 2009 Page 2 of 16 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). RDA December 8, 2009 Item No. 2 Page 19 of 46 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. RDA December 8, 2009 Item No. 2 Page 20 of 46 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. RDA December 8, 2009 Item No. 2 Page 21 of 46 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? RDA December 8, 2009 Item No. 2 Page 22 of 46 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. RDA December 8, 2009 Item No. 2 Page 23 of 46 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. RDA December 8, 2009 Item No. 2 Page 24 of 46 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 RDA December 8, 2009 Item No. 2 Page 25 of 46 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. RDA December 8, 2009 Item No. 2 Page 26 of 46 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. RDA December 8, 2009 Item No. 2 Page 27 of 46 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. RDA December 8, 2009 Item No. 2 Page 28 of 46 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. RDA December 8, 2009 Item No. 2 Page 29 of 46 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. RDA December 8, 2009 Item No. 2 Page 30 of 46 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. RDA December 8, 2009 Item No. 2 Page 31 of 46 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. RDA December 8, 2009 Item No. 2 Page 32 of 46 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 RDA December 8, 2009 Item No. 2 Page 33 of 46 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 RDA December 8, 2009 Item No. 2 Page 34 of 46 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. RDA December 8, 2009 Item No. 2 Page 35 of 46 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 Pavinq 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. RDA December 8, 2009 Item No. 2 Page 36 of 46 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. RDA December 8, 2009 Item No. 2 Page 37 of 46 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority 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. RDA December 8, 2009 Item No. 2 Page 38 of 46 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority 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. RDA December 8, 2009 Item No. 2 Page 39 of 46 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority 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. RDA December 8, 2009 Item No. 2 Page 40 of 46 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority 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 RDA December 8, 2009 Item No. 2 Page 41 of 46 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority 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. RDA December 8, 2009 Item No. 2 Page 42 of 46 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority 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 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 RDA December 8, 2009 Item No. 2 Page 43 of 46 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. RDA December 8, 2009 Item No. 2 Page 44 of 46 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 RDA December 8, 2009 Item No. 2 Page 45 of 46 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority 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 RDA December 8, 2009 Item No. 2 Page 46 of 46