HomeMy WebLinkAbout02-14-2012 City Council MinutesMINUTES
REGULAR CITY COUNCIL
AND
CITY COUNCIL AS SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, FEBRUARY 14, 2012
.............................................................................. ...............................
CALL TO ORDER
Mayor Tisdale called the City Council Meeting to order at 5:01 p.m.
ROLL CALL
PRESENT: Mayor Tisdale
Mayor Pro Tern Hickman — arrived at 5:04 p.m.
Council Member Magee
Council Member Melendez
Council Member Weber
ABSENT: None
Also present: City Manager Brady, City Attorney Leibold, and City Clerk Bloom.
CLOSED SESSION
(1a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8)
Property: APN 371 - 270 -005
City Negotiator: City Manager Brady
Negotiating parties: City of Lake Elsinore and McMillin Summerly, LLC
Under negotiation: Price and terms of payment
(1 b) (CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Subdivision (a) of Gov't Code § 54956.9) City of Lake Elsinore v.
Cal Investments, Inc. (Riverside Superior Court Case No. RIC 1106709)
(SA1) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION
INITIATION of litigation pursuant to subdivision (c) of GOV'T Code Section
54956.9: 1 potential case
Regular City Council Minutes
Meeting of February 14, 2012
Page 2 of 13
City Attorney Leibold announced that the City Council would be meeting in Closed
Session to discuss Item 1a. The City Attorney also announced that the City Council
would be meeting in Closed Session as Successor Agency to the Redevelopment
Agency of the City of Lake Elsinore to discuss Agenda Item No. SA1. She advised the
City Council that it was necessary to add an additional Closed Session item as 1 b to the
agenda for discussion and that item would be added pursuant to Government Code
54954.2(b)(2).
It was moved by Council Member Magee, seconded by Council Member Weber to add
Item 1 b to the Closed Session agenda for discussion; the motion passed 4 -0.
The City Council recessed to Closed Session at 5:04 p.m.
Mayor Pro Tem Hickman arrived to the meeting at 5:04 p.m
Closed Session adjourned at 5:45 p.m.
CALL TO ORDER
Mayor Tisdale reconvened the meeting to order at 7:01 p.m
ROLL CALL
PRESENT: Mayor Tisdale
Mayor Pro Tem Hickman
Council Member Magee
Council Member Melendez
Council Member Weber
ABSENT: None
Also present: City Manager Brady, City Attorney Leibold, City Clerk Bloom, Director of
Administrative Services Riley, Public Works Director Seumalo, Director of Lake, Parks
and Recreation Kilroy, Police Lt. Anne, Fire Chief Lawson, Planning Manager Morelion,
and Public Works Superintendent DeSantiago.
PLEDGE OF ALLEGIANCE
Mayor Tisdale led the pledge of allegiance.
CLOSED SESSION REPORT
City Attorney Leibold announced that the City Council met in Closed Session to discuss
Agenda Item No. la and no reportable action was taken. City Attorney Leibold
announced that the City Council met in Closed Session as the Successor Agency to the
Redevelopment Agency of the City of Lake Elsinore to discuss Agenda Item No. SA1
and stated no reportable action was taken. She stated that it was necessary to add an
Regular City Council Minutes
Meeting of February 14, 2012
Page 3 of 13
additional item to the Closed Session agenda and that the City Council approved the
addition of item 1 b by a 4 /5th vote and there was no reportable action taken on that item.
PRESENTATIONS / CEREMONIALS
None
PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 1 MINUTE
Chris Hyland, Lake Elsinore resident recommended a book titled "Scorpion's for
Breakfast" written by the Governor of Arizona. She also addressed issues with
recreational vehicles parked in the public right -of -way for longer than 24 hours and
noted the inconsistency in the City's Code relating thereto.
Rita Wilsey spoke of issues with a dangerous crosswalk located at Lincoln and Terra
Cotta. She suggested additional lighting or signage near the crosswalk area.
Pam Eriser also addressed issues with the public safety at the crosswalk located at
Lincoln and Terra Cotta. She stated that it is very dangerous to cross the street at that
location.
Pete Dawson advised the Council that Governor Brown is considering eliminating the
funds for the Department of Boating and Waterways. He suggested that any interested
member of the public should contact their senators and assemblymen and request their
support.
Kimberly Ryan thanked City Manager Brady for his assistance banning street vendors
along Main Street. She advised the City Council that she and a couple members of the
Women's Club meet on the 1st Monday of the month to discuss ways to promote
businesses on Main Street.
PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES
None.
CONSENT CALENDAR
(2) Approval of Minutes
Recommendation: It is recommended the City Council approve the Minutes of:
a) Regular City Council meeting of January 24, 2012.
Regular City Council Minutes
Meeting of February 14, 2012
Page 4 of 13
(3) Warrant List dated January 31 2012
Recommendation: Receive and File Warrant List dated January 31, 2012.
(4) Investment Report for December 2011
Recommendation: It is recommended that the City Council receive and file
report.
It was moved by Mayor Pro Tern Hickman and seconded by Council Member Weber to
approve the Consent agenda items; the motion passed unanimously.
PUBLIC HEARING(S)
None.
APPEAL(S)
None.
BUSINESS ITEM(S)
(5) Purchase of Light Emitting DIOD (Led) Lights
Recommendation: It is recommended that the City Council:
Approve the purchase of LED lights from PINTRUS in the amount of $151,455
and direct staff to purchase and install the lighting.
Public Works Superintendent DeSantiago provided an overview and PowerPoint
presentation to the Council.
Mayor Pro Tern Hickman asked when the work would commence. Superintendent
DeSantiago stated that there are several different areas in the City that would have the
bulbs replaced and the work along Main Street could start in three weeks.
Council Member Melendez noted that the recommendation only covered the cost of the
bulbs, and not the labor for installation. She asked what would be the cost for
installation? Superintendent DeSantiago stated that the cost for the labor along Main
Street would be $3,800. Council Member Melendez asked what is the life span for the
current bulbs? Superintendent DeSantiago stated that the bulbs usually last one year.
Council Member Weber asked if there is a timeframe to complete the installation.
Director of Public Works Seumalo stated that they would be purchasing the materials
and have a local contractor do the installation.
Regular City Council Minutes
Meeting of February 14, 2012
Page 5 of 13
Mayor Tisdale noted that the costs for the bulbs are covered under an approved grant,
however, not the labor. He asked where the funds to cover the installation would come
from. Superintendent DeSantiago stated that the City would need to pay for the
installation.
It was moved by Council Member Weber and seconded by Mayor Pro Tern Hickman to
approve the purchase of LED lights from PINTRUS in the amount of $151,455 and to
direct staff to purchase and install the lighting; motion passed unanimously.
(6) Assessment District, Community Facilities District and Bond Rebate Professional
Services Agreements
Recommendation: It is recommended that the City Council:
1. Approve a Professional Services Agreement with Francisco & Associates, Inc.
to provide annual assessment district administration and other related
services, beginning February 1, 2012, in the form attached subject to any
minor modifications approved by the City Attorney; and
2. Approve a Professional Services Agreement with Harris & Associates, Inc. to
provide annual community facilities district administration and other related
services, beginning February 1, 2012, in the form attached subject to any
minor modifications approved by the City Attorney; and
3. Approve a Professional Services Agreement with the Law Offices of Samuel
Norberto provide bond rebate calculation and other related services,
beginning February 1, 2012, in the form attached, subject to any minor
modifications approve by the City Attorney.
Director of Administrative Services Riley provided an overview of the item to Council.
Council Member Melendez asked if the costs for the services increased, have been
reduced or have remained the same? Dennis Anderson, consultant stated that the
costs have actually gone down in the last 4 years.
Mayor Pro Tern Hickman asked if the collected interest could go towards the bonds.
Dennis Anderson stated, should the interest rates yield be greater than expected, the
interest earnings must go back to the IRS in order to preserve the tax exemption status.
Council Member Melendez asked if staff had considered any other firms for this
service? Director Riley stated that staff was going on the recommendation of Mr. Gunn,
as the services were better for the City.
It was moved by Council Member Weber and seconded by Mayor Pro Tern Hickman to
approve a Professional Services Agreements with Francisco & Associates, Inc.; Harris
Regular City Council Minutes
Meeting of February 14, 2012
Page 6 of 13
& Associates, Inc.; and the Law Offices of Samuel Norber, beginning February 1, 2012;
motion passed unanimously.
(7) Resolution of Intention to Annex Property into Community Facilities District
No. 2007 -1 (Law Enforcement Fire and Paramedic Services) and to Authorize
the Levy of a Special Tax within Annexation Area No 3 (La Laguna)
Recommendations: It is recommended that the City Council approve
Resolution No. 2012 -003 RESOLUTION OF INTENTION OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO ANNEX
PROPERTY INTO COMMUNITY FACILITIES DISTRICT N0. 2007 -01 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE
THE LEVY OF A SPECIAL TAX WITHIN SAID DISTRICT; and schedule the
public hearing on Annexation Area No. 3 (La Laguna for March 27, 2012).
Director Riley provided an overview of the project with the City Council
Mayor Pro Tern Hickman noted that the taxes have increased approximately $300.
Dennis Anderson, consultant replied that he believes that Mayor Pro Tern Hickman was
referring to CFD 2003 -001, which was formed to fund the City's Police and Fire
services. He stated after four years, it was discovered that due to the excessive
development and not enough funding in the area of Canyon Hills, CFD 2007 -001 was
established.
It was moved by Council Member Weber and seconded by Mayor Pro Tern Hickman to
adopt Resolution No. 2012 -003, and to schedule a public hearing on the Annexation
Area No. 3 (La Laguna) for March 27, 2012; motion passed unanimously.
(8) Resolution of Intention to Annex Property into Community Facilities District No.
2006 -5 (Parks. Open Space and Storm Drain Maintenance) and to Authorize the
Levy of a Special Tax within Annexation Area No. 4 (La Laguna)
Recommendations: It is recommended that the City Council approve
Resolution No. 2012 -004 RESOLUTION OF INTENTION OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO ANNEX
PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2006 -05 (PARKS,
OPEN SPACE AND STORM DRAIN MAINTENANCE) AND TO AUTHORIZE
THE LEVY OF THE SPECIAL TAX WITHIN SAID DISTRICT; and schedule the
public hearing on Annexation Area No. 4 (La Laguna) for March 27, 2012.
Director Riley provided an overview of the item to Council.
City Manager Brady clarified that La Laguna is the area above McVicker Park which had
been developed by K. Hovnanian Homes.
Regular City Council Minutes
Meeting of February 14, 2012
Page 7 of 13
It was moved by Mayor Pro Tern Hickman and seconded by Council Member Weber to
adopt Resolution No. 2012 -004, and to schedule the public hearing on Annexation Area
No. 4 (La Laguna) for March 27, 2012.
(9) A Resolution of the City Council of the City of Lake Elsinore, California, Initiation
Proceedings and Approving the Engineer's Report for the Annexation of Certain
Territory Known as APN 391 - 810 -005 and APN 391 - 820 -002 into the City of
Lake Elsinore Landscape and Street Lighting District No. 1, as Annexation No.
22 (La Laguna - Tr. 32337) to the Lake Elsinore Landscape and Street Lighting
Maintenance District No. 1 Declaring the City's Intention to Order the Annexation
and to Levy and Collect Assessments Determining that these Proceedings shall
be taken Pursuant to the Landscaping and Lighting Act of 1972 and the Right to
Vote on Taxes Act and Offering a Time and Place For Hearing Objections
Thereto
Recommendations: It is recommended that the City Council approve the
Engineer's Report Annexation No. 22 (La Laguna — Tr. 32337 to LLMD No. 1;
and approve Resolution No. 2012 -005 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INITIATING
PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE
ANNNEXATION OF CERTAIN TERRITORY KNOWN AS APN 391 - 810 -005
AND APN 391 - 820 -002 INTO THE CITY OF LAKE ELSINORE LANDSCAPE
AND STREET LIGHTING DISTRICT NO. 1, AS ANNEXATION NO. 22 (LA
LAGUNA — TRACT 32337) TO THE LAKE ELSINORE LANDSCAPE AND
STREET LIGHTING MAINTENANCE DISTRICT NO. 1, DECLARING THE
CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND
COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS
SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND OFFERING A
TIME AND PLACE FOR HEARING OBJECTIONS THERETO; and schedule a
public hearing on Annexation Area No. 22 (La Laguna — Tract 32337) for March
27. 2012.
Director Riley provided an overview of the project to the City Council.
It was moved by Mayor Pro Tem Hickman and seconded by Council Member Weber to
adopt Resolution No. 2012 -005; and schedule a public hearing on Annexation Area No.
22 (La Laguna — Tract 32337) for March 27, 2012; motion passed by unanimous vote.
(10) Resolution of Support of Ontario Airport
Recommendation: It is recommended that the City Council approve
Resolution No. 2012 -006 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA IN SUPPORT OF THE TRANSFER
OF ONTARIO INTERNATIONAL AIRPORT (ONT) TO LOCAL CONTROL.
City Manager Brady provided an overview of the item to the City Council.
Regular City Council Minutes
Meeting of February 14, 2012
Page 8 of 13
Council Member Melendez asked if the airport was for sale? Mayor Tisdale stated that
the airport is not for sale. He stated he attended a meeting held by WRCOG and the
City Manager of Ontario gave a presentation regarding the Ontario Airport. Mayor
Tisdale stated the City of Ontario is requesting support from other cities in the Inland
Empire area to have the airport under the City of Ontario's control.
Council Member Melendez stated that she did not know why this item was before the
City Council, as it had nothing to the do with the City, and therefore would not be in
support of this item.
Council Member Weber asked if the City of Ontario has the ability to manage the
airport. Mayor Tisdale stated that most of the cities in Riverside and San Bernardino
County have supported Ontario and that it is in the best interest to have the airport
locally controlled.
It was moved by Council Member Magee and seconded by Mayor Tisdale to approve
Resolution No. 2012 -006; the motion failed by a 2 -3 vote with Mayor Pro Tern Hickman,
Council Member Melendez and Council Member Weber all voting no.
The City Council commenced consideration of the Agenda items for the Successor
Agency of the Redevelopment Agency of the City of Lake Elsinore at 7:55 p.m.
[Successor Agency minutes continued on next page]
Regular City Council Minutes
Meeting of February 14, 2012
Page 9 of 13
CITY COUNCIL AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
OF THE CITY OF LAKE ELSINORE
CONSENT CALENDAR
(SA2) Approval of Minutes
Recommendation: It is recommended the City Council as the Successor Agency
of the Redevelopment Agency of the City of Lake Elsinore approve the Minutes
of the former Redevelopment Agency:
a.) Regular Redevelopment Agency meeting of January 24, 2012.
(SA3) Warrant List dated January 31, 2012
Recommendation: It is recommended that the City Council as Successor Agency
of the Redevelopment Agency of the City of Lake Elsinore receive and file the
Warrant List dated January 31, 2012.
(SA4) Investment Report for December 2011
Recommendation: It is recommended the City Council as Successor Agency of
the Redevelopment Agency of the City of Lake Elsinore receive and file the
Investment Report for December 2011.
It was moved by Mayor Pro Tern Hickman and seconded by Council Member Weber to
approve the Consent agenda items; motion passed by unanimous vote.
BUSINESS ITEMS)
(SA5) Resolution Authorizing The City Of Lake Elsinore As Successor Agency Of The
Redevelopment Agency Of The City Of Lake Elsinore To Open An Investment
Account With The California State Treasurer's Local Agency Investment Fund.
Recommendation: It is recommended the City Council as Successor Agency of
the Redevelopment Agency of the City of Lake Elsinore approve
Resolution No. SA 2012 -001 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE,
AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY
INVESTMENT FUND
Director Riley provided an overview of this item to the Agency.
Regular City Council Minutes
Meeting of February 14, 2012
Page 10 of 13
It was moved by Council Member Weber and seconded by Mayor Pro Tern Hickman to
adopt Resolution No. SA 2012 -001; motion passed unanimously,
(SA6) Adoption By The Successor Aqencv Of The Redevelopment Agencv Of The Cit
Of Lake Elsinore Of The Enforceable Obligation Payment Schedule (EOPS)
Dated 1/24/2012 And The Amended Enforceable Obligation Payment Schedule
(EOPS) Dated 2/14/2012 Pursuant To Health And Safety Code Section
34177(A)(1)
Recommendation: It is recommended the City Council as Successor Agency of
the Redevelopment Agency of the City of Lake Elsinore: 1) Adopt the Amended
Enforceable Obligation Payment Schedule (Amended FOPS) dated January 24,
2012 as the initial EOPS of the Successor Agency and authorize the City Manager,
or his designee, to take all necessary actions with respect thereto on behalf of the
Successor Agency; and, 2) Adopt the Amended Enforceable Obligation Payment
Schedule (Amended EOPS) dated February 14, 2012 and authorize the City
Manager, or his designee, to take all necessary actions to submit the Amended
EOPS to the appropriate parties and take any other necessary actions with respect
thereto in accordance with AB X1 26 on behalf of the Successor Agency.
Director Riley reviewed the item with the Agency
It was moved by Council Member Weber and seconded by Mayor Pro Tern Hickman to
adopt the amended Enforcement Obligation Payment Schedule (Amended EOPS)
dated January 24, 2012 as the initial EOPS of the Successor Agency and authorize the
City Manager, or his designee, to take all necessary actions with respect thereto on
behalf of the Successor Agency; and 2) Adopt the Amended Enforceable Obligation
Payment Schedule (Amended EOPS) dated February 14, 2012 and authorize the City
Manager, or his designee, to take all necessary actions to submit the Amended EOPS
to the appropriate parties and take any other necessary actions with respect thereto in
accordance with AB X 1 26 on behalf of the Successor Agency; the motion passed
unanimously.
CONCLUSION
There being no further business to come before the Successor Agency, Mayor Tisdale
returned to the balance of the City Council Agenda at 8:03 p.m.
[City Council minutes continued on next page]
Regular City Council Minutes
Meeting of February 14, 2012
Page 11 of 13
PUBLIC COMMENTS — NOWAGENIZED ITEMS — 3 MINUTES
Maria Sanhueza representing Realty Executives requested assistance from the City
Council with issues of excessive code violation sanctions on the property located at
29042 Rolando Street in Lake Elsinore. Mayor Tisdale advised the Council that he
received an email from Ms. Sanhueza and forwarded the message to the City Manager.
City Manager Brady advised Ms. Sanhueza that he would work with staff to see if
anything could be done to resolve the issue.
Fred Espinosa spoke of excessive speed limits in the Alberhill Ranch neighborhood and
requested the City Council to assist by placing speed bumps in the area. Mayor Tisdale
informed Mr. Espinoza that speed bumps are not allowed in the City; however the
Police Department is aware of the issue and would speak to him regarding the matter
following the meeting.
CITY MANAGER COMMENTS
City Manager Brady made the following announcements:
Lake Elsinore Kids Outlets Presents: Story Time with the Lake Elsinore Library
Wednesday, February 15 from 11:00 a.m. — 12:00 p.m.
Lake Elsinore Outlets
Coffee Talk with Councilwoman Melendez
Thursday, February 16 from 9:00 a.m. — 10:30 a.m.
Flour Fusion Bakery
Grand Opening of Stater Bros. Store #189
Wednesday, February 22 from 8:15 a.m. — 9:00 a.m.
32281 Mission Trail
Business Networking Mixer Hosted by The Links at Summerly
Thursday, February 23 from 5:30 p.m. — 7:30 p.m.
The Links at Summerly
City Manager Brady thanked those who participated with the City's Clean Extreme
event on January 28th. He stated there were over 400 people that volunteered for the
event and that it was an extremely successful event.
CITY ATTORNEY COMMENTS
None.
Regular City Council Minutes
Meeting of February 14, 2012
Page 12 of 13
COMMITTEE REPORTS
None.
CITY COUNCIL COMMENTS
Council Member Magee commented on the following:
• He thanked all of the volunteers and business partners who helped with the Clean
Extreme event.
Council Member Melendez commented on the following:
• She advised the public that her meeting at Flour Fusion would be held on Thursday,
February 16th at 9:30 a.m.
• She thanked the Sheriff's Department for finding Thunder's Quad which had been
stolen.
• She advised that she has received a few calls regarding the possibility of eliminating
bus services. She stated the bus service is out of the City Council's authority and
anyone who wished to voice their opinion should contact Governor Brown's office.
• She read a letter which was received by the City Council from nine year -old Aiden
Boucher.
Mayor Pro Tern Hickman commented on the following:
• He wished everyone a Happy Valentine's Day.
• He advised the audience that the Storm Stadium would be hosting an event called
"Sip and Hit" on March 18th where participants would be able to stand in the batters
cage and hit the ball.
• He requested that the picnic table which was removed by staff from Yarborough
Park be returned; and also spoke of a tree on Larson Road that the residents were
requesting the removal of.
Mayor Tisdale commented on the following:
• He thanked those who participated with the City's Clean Extreme event.
• He thanked the City staff for helping with the organization of the Clean Extreme
event.
• He addressed concerns with the Governor's plan to eliminate bus services in order
to help the State's Budget. He stated that he and the City Manager were going to
take an active approach on the subject by making sure that the community is safe
and will be working with the School District.
Regular City Council Minutes
Meeting of February 14, 2012
Page 13 of 13
ADJOURNMENT
Mayor Tisdale adjourned the meeting at 8:31 p.m. to a regular meeting to be held on
Tuesday, February 28, 2012 in the Cultural Center located at 183 N. Main Street, Lake
Elsinore, CA.
0�,(
I Z4
Brian Tisdale,
City of Lake Elsinore
ATTEST:
V
Virginia J loom, MC, City Clerk
City of Lae Elsin e