HomeMy WebLinkAbout03-26-2013 CC Minutes SA/RDAMINUTES
CITY COUNCIL and SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY
OF THE CITY OF LAKE ELSINORE
REGULAR MEETING
CITY OF LAKE ELSINORE
EVMWD BOARDROOM 31315 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, MARCH 26, 2013
.................................................................................. ...............................
CALL TO ORDER 5:00 P.M. — City Hall, Conf. Room A, 130 S. Main St., Lake Elsinore
Mayor Magee called the meeting to order at 5:00 p.m.
ROLL CALL
PRESENT: Mayor Magee
Mayor Pro Tern Johnson
Council Member Hickman
Council Member Manos
Council Member Tisdale
Also present: City Attorney Leibold, City Manager Yates, and City Clerk Bloom.
CITY COUNCIL CLOSED SESSION
(1A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GOV'T CODE
SECTION 54957(b)): CITY ATTORNEY
(113) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
Section 54956.9: (1 potential case)
(1C) CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:
1 potential case
City Attorney Leibold announced that the City Council would be meeting in Closed Session
to discuss Agenda Item Nos. (1A), (113), and (1C).
The City Council recessed to Closed Session at 5:03 p.m. Closed Session adjourned at
6:30 p.m.
Regular City Council Minutes
Meeting of March 26, 2013
Page 2 of 8
CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore
Mayor Magee called the meeting back to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
Jerry Harmatz led the pledge of allegiance.
ROLL CALL
PRESENT: Mayor Magee
Mayor Pro Tern Johnson
Council Member Hickman
Council Member Manos
Council Member Tisdale
Also present: City Attorney Leibold, City Manager Yates, City Clerk Bloom, Director of
Administrative Services Riley, Public Works Director Seumalo, Acting Planning Manager
MacHott, Lakes, Parks and Recreation Director Kilroy, Police Chief Kennedy- Smith, Fire
Chief Barr, and Deputy City Clerk Gutierrez.
CLOSED SESSION REPORT
City Attorney Leibold announced that City Council met in Closed Session to discuss
Agenda Item Nos. (1A), (1 B), and (1 C) and that there was no reportable action taken.
PRESENTATIONS /CEREMONIALS
Certificate of Recognition for Pete Dawson
Mayor Magee presented a Certificate of Recognition to Pete Dawson for his dedication in
teaching boating safety and public education.
PUBLIC COMMENTS — NON- AGENDIZED ITEMS — 1 MINUTE
None
Council Member Tisdale requested Agenda Item No. 8 be pulled from the Consent
Calendar.
CONSENT CALENDAR
(2) Approval of Minutes
Recommendation: It is recommended that the City Council approve the Minutes of
the Regular City Council Meeting of February 12, and February 26, 2013.
Regular City Council Minutes Page 3 of 8
Meeting of March 26, 2013
(3) Warrant List dated March 14, 2013
Recommendation: Receive and file Warrant list dated March 14, 2013.
(4) Street Closures for the "Unity in the Community Parade"
Recommendation: It is recommended that the City Council waive Lake Elsinore
Municipal Code section approve temporary street closures for the "Unity in the
Community Parade" on April 27, 2013.
(5) Lake Elsinore Municipal Code Waivers for Boating Demo Days at La Laguna Resort
& Boat Launch
Recommendation: It is recommended that the City Council waive Lake Elsinore
Municipal Code section 9.28.030 Furnishing Alcoholic Beverages in Public and
waive section 9.96.120(D) Boat Speed Limits for the 'Boating Demo Days" Boat
Show, subject to compliance with all other conditions for the event as approved by
the City Manager.
(6) Design Contract Change Order TKE Engineering, Inc. SB 821 Sidewalk
Improvements FY 12 -13
Recommendation: It is recommended that the City Council: A) Authorize the
acceptance of SB 821 Grant FY 2012/2013 for the addition of Mill Street Sidewalks
in the amount of $44,158; B) Authorize the Design Contract Change Order for the
SB 821 Sidewalk Improvements FY 12/13 to include the design of Mill Street
between Avenue 6 to Avenue 9 to TKE Engineering, Inc. in the not to exceed
amount of $23,800; C) Authorize the City Manager to execute the Design Contract
Change Order with TKE Engineering, Inc.; and D) Authorize the use of $23,800 from
Fund No. 110 Gas Tax.
(7) Investment Report for February 2013
Recommendation: It is recommended that the City Council receive and file report.
Motion by Council Member Tisdale, seconded by Council Member Manos to approve the
Consent Calendar, less Agenda Item No. 8; passed by unanimous vote.
CONSENT ITEM PULLED
(8) Purchase of Fire Truck at Rosetta Canyon Fire Station #97
Recommendation: It is recommended that the City Council: A) Approve the
purchase of the Quint Light Fire truck for Rosetta Canyon Fire Station #97; and B)
Approve a down payment of 90% of the cost, or $696,027, in order to receive a
purchase discount of $23,903. This would reduce the cost of the truck to $749,460,
plus 8% California sales tax of $59,957, for a grand total of $809,417.
Regular City Council Minutes Page 4 of 8
Meeting of March 26, 2013
Fire Chief Barr provided an overview of the Quint Light Fire truck capabilities, the purchase
proposal and funding sources.
Council Member Tisdale announced that Rosetta Canyon Fire Station is scheduled to open
on July 1, 2013.
Motion by Council Member Tisdale, seconded by Mayor Pro Tern Johnson, to approve the
purchase of the Quint Light Fire Truck for Rosetta Canyon Fire Station #97; and approve a
down payment of 90% of the cost, or $696,027, in order to receive a purchase discount of
$23,903. This would reduce the cost of the truck to $749,460, plus 8% California sales tax
of $59,957, for a grand total of $809,417; passed by unanimous vote.
PUBLIC HEARING(S)
(9) Amended and Restated Development Agreement — A Request for Approval of An
Amendment and Restatement to a 1990 Development Agreement, Pursuant to
California Government Code Sections 65864 - 65869.5 in Connection with the
Vesting of City Regulations Governing Development of Approximately 403 Acres of
Land Located Generally on the East Side of Lake Street Near the Northeast Corner
of Nichols Road and Lake Street. Environmental Clearance is Provided by
Addendum No. 4 to the 1989 Final Alberhill Ranch Specific Plan Environmental
Impact Report.
Recommendation: Based on discussions with WRCOG and the applicant, staff
recommended continuance of the proposed Amended and Restated Development
Agreement on November 13, 2012. City staff does not believe that all relevant
issues have been adequately resolved and recommends denial of the Amended and
Restated Development Agreement.
In the alternative, if based upon the information presented at the public hearing and
discussed in closed session, the City Council believes that all relevant issues have
been satisfactorily addressed, staff recommends that the City Council waive further
reading and introduce by title only: ORDINANCE NO. 2013 - 1311 ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE
AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF LAKE ELSINORE AND CASTLE & COOKE, LAKE ELSINORE WEST,
INC., AS SUCCESSOR IN INTEREST TO BRIGHTON ALBERHILL ASSOCIATES,
FOR ALBERHILL RANCH DEVELOPMENT.
Mayor Magee opened the Public Hearing at 7:12 p.m. City Attorney Leibold presented an
overview to City Council.
Tom Tomlinson addressed the Council and pointed out that Castle and Cooke had the
legal right to toll the Development Agreement because of action outside of the City's
purview.
City Attorney Leibold stated that the 1990 agreement terminated in accordance with its
original 15 year term in 2005 and, consequently, staff was recommending denial of the
Regular City Council Minutes Page 5 of 8
Meeting of March 26, 2013
Amended and Restated Development Agreement which was an effort to document and
update the recitals of the original agreement. The item before the Council is the Amended
and Restated Development Agreement; that the Council would not be taking an
independent action with respect to the tolling of the 1990 Agreement.
Mr. Tomlinson stated that if Council denied the Restated Development Agreement that the
City would lose $2.7 million in both fees and public improvements. However, if the City
approved the Restated Agreement, the City would gain $1.6 million in fees and
improvements. He stated that if the City attempted to collect the development fees the total
increase in cost to Castle and Cooke would be approximately $12.5 million to which Castle
and Cooke would have to take action to prove the validity of the tolling argument. Mr.
Tomlinson assured the Council that Castle and Cooke would indemnify the City against
challenges from WRCOG.
Stephen Miles, Special Counsel to Castle and Cooke addressed the City Council regarding
a letter from WRCOG dated December 11, 2012. Mr. Miles stated that the letter attempted
to rebut Castle and Cooke's legal position to their fundamental vested property rights that
stemmed from the Brighton Development Agreement.
Mr. Tomlinson provided his notes of updated cost analysis.
Mayor Magee closed the public hearing at 7:34 p.m.
Motion by Council Member Tisdale, seconded by Mayor Pro Tem Johnson, to deny the
Amended and Restated Development Agreement based on thorough consideration of both
open session and closed session discussions; passed by unanimous vote.
APPEALS)
None
BUSINESS ITEMS)
(10) Property Improvement Grant Program
Recommendation: It is recommended that the City Council: A) Approve the
Guidelines for the Pilot Housing Rehabilitation Grant Program, direct the City
Attorney and staff to prepare Program documents, and allocate $50,000 to
implement the Pilot Program; and B) Formally appoint a two- member City Council
Affordable Housing Subcommittee to review Program documents prior to
implementation and to assess Program effectiveness within the context of the City's
affordable housing goals and objectives in order to guide staff in future
recommended projects and programs.
City Attorney Leibold presented an overview to City Council.
Regular City Council Minutes Page 6 of 8
Meeting of March 26, 2013
Council Member Manos thanked Staff, City Manager Yates, and City Attorney Leibold for
their work. He stated that with the elimination of the Redevelopment Agency and loss of
home improvement loans it is hard for some residents to fix their homes. The intent of the
proposed pilot program was to give the City an appealing appearance and motivate more
residents to improve their homes and that he hoped that people would take advantage of
this program and the HERO program.
Motion by Council Member Manos, seconded by Council Member Hickman, to approve the
Guidelines for the Pilot Housing Rehabilitation Grant Program, direct the City Attorney and
staff to prepare Program documents, and allocate $50,000 to implement the Pilot Program;
and appoint a two - member City Council Affordable Housing Subcommittee to review
Program documents prior to implementation and to assess Program effectiveness within
the context of the City's affordable housing goals and objectives in order to guide staff in
future recommended projects and programs. Council Member Manos amended his motion
to appoint himself and Mayor Pro Tem Johnson as members to the City Council Affordable
Housing Subcommittee.
City Attorney Leibold advised that grant recipients would be required to continue to occupy
their homes as their principal residence, , maintain the property in good condition, not
engage in criminal activity, and not create a public nuisance. So long as these obligations
were fulfilled for five years, the grant was solid and there would be no repayment
obligation. However, if there is a violation in the first five years, the grant must be fully
repaid.
Mayor Magee indicated that the Commissioners, Council Members, and their families were
prohibited from participating in the program.
The motion passed by unanimous vote.
Regular City Council Minutes
Meeting of March 26, 2013
Page 7 of 8
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF LAKE ELSINORE
CONSENT CALENDAR
(SA1) Warrant List dated March 14, 2013
Recommendation: Receive and file Warrant list dated March 14, 2013.
(SA2) Investment Report for February 2013
Recommendation: It is recommended that the Successor Agency receive and file
report.
Motion by Board Member Hickman, seconded by Board Member Manos, to approve the
Consent Calendar, passed by unanimous vote.
BUSINESS ITEMS)
None
PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES
Tammie Marine, Executive Director for Habitat for Humanity reported that they have
worked on 14 homes in the Bird Tract Revitalization Program with the assistance of
volunteers and local service groups.
CITY MANAGER COMMENTS
None
CITY ATTORNEY COMMENTS
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CITY COUNCIL COMMENTS
Council Member Manos complimented the Habitat for Humanity for their work in the Bird
Track area.
Council Member Hickman announced the upcoming Easter Egg Hunt at McVicker Park; the
Lakeside Jazz Ensemble performance at Lakeside High School on April 5th; the
Neighborhood Watch Block training by Officer Roxanne Baca and Jim Brown; the Beauty
and the Beast play at Elsinore High School on April 5th — 7th and 12th — 14th. Council
Member Hickman also reported the on rededication event of the Riverwalk and wished
everyone a Happy Easter.
Regular City Council Minutes
Meeting of March 26, 2013
Council Member Tisdale thanked staff for all their hard work and thanked the public for
watching the meeting.
Mayor Pro Tem Johnson congratulated Pete Dawson on his accomplishments; stated that
she is happy to serve on the property improvement program; and reported that she
participated in a two -day clean up at the Lake Elsinore levy with the Cub Scouts.
Mayor Magee spoke on the SB 821 Grant and announced that the City qualified for
$45,000 from the county and that the funds would be used to build a sidewalk at Elsinore
Middle School. He commented that over the last eight years the City has secured nearly
three quarters of a million dollars for the children's Safe Routes to School Program. Mayor
Magee thanked everyone for their attendance at the Council meeting.
ADJOURNMENT
The Mayor adjourned the meeting at 7:51 p.m. to reguia{ eeb g on Tuesday, April 9,
2013.
Robert E.
irginia J. loom ity Clerk