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HomeMy WebLinkAbout01-13-2009 SS n MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 13, 2009 ......................................................................... CALL TO ORDER - 4:00 P.M. Mayor Magee called the meeting to order at 4:08 pm. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM MELENDEZ COUNCILWOMAN BHUTTA arrived at 4:09 pm COUNCILMAN HICKMAN ABSENT: COUNCILMAN BUCKLEY n Also present: City Manager Brady, City Attorney Mann, Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Information/Communications Manager Dennis and Interim City Clerk Cowley. CLOSED SESSION 1 (a) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: (1 potential case). Mayor Magee indicated that there is an item the Council may want to add to the closed session agenda if all council members are in attendance. He noted for the record that it requires four-fifths vote to add an item to the agenda. He informed the audience that Council would move forward on the agenda and when the remaining Council Members arrive, he will entertain a motion to add the item to the closed session. PRESENT ATIONS/CEREMONIALS n Council recognition of the Business of the Quarter (Fall) - Mission Oaks National Bank n Chamber of Commerce Update Council recognition of Steve Wallace for assisting with Winterfest Council recognition of 2008 Mayor Daryl Hickman PUBLIC COMMENTS - NON AGENDIZED ITEMS There were no public comments. CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approve the following Minutes: a) Joint City Council/Redevelopment Agency - December 23, 2008. b) Regular City Council Meeting - December 23,2008. Councilman Hickman announced that he would abstain from voting on the Minutes since he was not at the December 23, 2008, meeting. n (3) Warrant List Dated December 30. 2008 Recommendation: Authorize Payment of Warrant List dated December 30, 2008. (4) Claim Aaainst the Citv Recommendation: Reject the claim of Junior Morford and direct the City . Clerk's office to send a letter informing the claimant of the decision. (5) 1-15/Railroad Canvon Road and 1-15/SR-74 Interchanae Update Recommendation: Receive and file the report. Public Works Director/City Engineer Seumalo responded to several questions posed by Councilwoman Bhutta as to the length of time it has taken to reduce the interchange configuration, and the length of time the project has been in the planning stage indicating it has taken approximately one and one-half years for the interchange configuration and five to seven years since beginning this project. n Mayor Magee indicated the Project Study Report took place in 1999 and the City is in its tenth year of this process. n Councilwoman Bhutta referenced the Agenda Report and asked from whom staff was waiting for comments. Mr. Seumalo responded that staff was waiting for comments from Caltrans indicating the project design team consists of Caltrans department representatives, City staff and the design engineer. He advised it is similar to going through plan check for a development in which the City provides Caltrans with the design and Caltrans reviews the plans and provides the City with comments for corrections to Caltrans specifications. Mayor Magee commented that the City was entering its tenth year processing this project and according to Caltrans the City only has six years left to go. Mayor Magee expressed his frustration in trying to get the process expedited noting the improvement is needed sooner rather than later. His fear is the City will finally get permits and not have the funds to build the improvements. Councilman Hickman asked when the repairs of the improvements being made now will be completed. Mr.Seumalo advised that those improvements should be completed later this summer when the entire project for the interim 1-15/State Route-74 is slated to be completed. n Mayor Magee asked for confirmation from Mr. Seumalo that the City was going to take care to blend the improvement of the 1-15/SR-74 and Dexter so that the City doesn't have congestion on both Dexter and the on and off ramps at the same time. Mr. Seumalo confirmed that Peter Ramius, the Project Manager was very experienced with interchange projects. He added, Mr. Ramius is also the Project construction Engineer on the Rosetta Canyon Fire Station and Park project. He stated further that staff has been working in conjunction with, and under direction of, City Manager Brady explaining they are separate projects but the City is using the benefit of their geographic location to maximize the City's benefit. PUBLIC HEARING(S) (6) Approve Communitv Needs Assessment Survev Results for Countv's 2009-2014 Five Year Consolidated Plan Recommendation: 1. Approve the Community Needs Assessment Survey results for the County's 2009-2014 Five Year Consolidated Plan 2. Submit approved Community Development Needs/CDBG funding priorities to the County. D Mayor Pro Tern Melendez asked whether the surveys were passed out to any of the local churches when they were distributed, explaining she thought the churches would have significant insight into the needs since they typically offer assistance to their congregation. II Parks and Recreation Director Gonzales responded that to his knowledge the survey was not distributed to church organizations. Councilwoman Bhutta asked how many of the surveys were returned out of the 500 that were distributed. Mr. Gonzales indicated that approximately 80 surveys were returned. Thereafter followed a discussion on the adequate number of results required to provide an accurate assessment. Mr. Gonzales advised that staff would have liked to have received 20% which would have been 100; however, the County was informed of the number of survey responses the City received and it was acceptable to the County. Councilwoman Bhutta asked whether more seniors completed the survey than other age groups commenting that the results indicated the need for senior services received the most responses and while she felt there is a need for senior services, she would like to have seen an accounting for that. Mr. Gonzales responded that the survey was handed out to individuals at the Senior Center, but staff has no indication of how many of those were returned. He noted that this survey was not a random sampling instrument; rather it was mainly targeted toward certain individuals within the City. n APPEALCS) There are no appeals scheduled. BUSINESS ITEMCS) (7) Replacement of two Police Motorcvcles Recommendation: That the City Council approve the sole-source vendor and approve the purchase of two Honda ST1300PA police motorcycles using the Traffic Offender Fund. Councilwoman Bhutta asked whether there was any other use of the funds if the motorcycles were not purchased this year. City Manager Brady advised that he was unsure of the parameters of how the funds could be spent; however, there may be other equipment that can be purchased with the funds. He advised the Harleys that were being replaced had very high maintenance costs. It was his understanding that the Hondas are much more reliable. Ms. Bhutta asked what the cost for extended warranties on the Hondas was and what the warranties cover. Mr. Brady indicated it was for five years and 100,000 miles, but he did not know what it specifically covered. o Council member Hickman asked what the Traffic Offender Fund balance was. Mr. Riley advised he would have that information available for the 7:00 pm n meeting explaining further that the City received approximately $3,000 to $4,000 per month which equates to approximately $36,000 to $48,000 per year. Thereafter followed a discussion on whether there was enough funds in the Traffic Offender Fund and, if not, from which fund would the deficiency be taken, and if the funds would come out of the General Fund. Mr. Riley indicated the funds could be taken out of the General Fund but he thought the City had other fund sources that could be used, such as the COPS grant funds. Mayor Magee confirmed that the two motorcycles being replaced would be auctioned. City Manager Brady advised that the City would follow the procedures for disposing excess City property unless the police wanted to keep one as a back up unit. (8) Adoption of An Ordinance of the City Council of the Citv of Lake Elsinore. California. Renumberina Chapters 3. 5. 16 and 17 of the Lake Elsinore Municipal Code (Introduced and Title Read at Meetina of December 23. 2008) n Recommendation: Adopt Ordinance No. 1258 Renumbering Chapters 3, 5, 6, 16, and 17 ~f the Lake Elsinore Municipal Code. City Manager Brady confirmed for Mayor Magee that he would provide the report on this item at the 7:00 pm meeting indicating it was merely a housekeeping item. (9) Approval of Contract with EnviroMINE. Inc. to Provide Citywide Surface Minina Inspections Recommendation: Approve a Service Contract with EnviroMINE, Inc. in a standard form approved by the City Attorney for the performance of surface mine inspections in accordance with the State requirements and authorize the City Manager to execute such standard form contract. Councilman Hickman asked what EnviroMINE charges to provide the services. Mr. Seumalo advised that the proposal includes a fee schedule and if Mr. Coalson performs the inspections his rate is $175 an hour. Mayor pro Tem Melendez asked if the cost was consistent with what the County charged. Mr. Seumalo indicated he thought it was but the City hasn't had a contract with the County for almost two years so he could not say for sure. o Mayor Magee requested confirmation of the number of mines in the City, noting his recollection is there was the Wyrock, the Pacific Clay and the Nichols operation. Mr. Seumalo stated that ERM on Lakeshore Drive is also considered a mine as is MCA. n Mayor Magee indicated he did not see a resume for the individual nor did he see where anyone else was interviewed. Mr. Seumalo advised this was a last minute item and Council is being asked to consider this person on a one-year basis because the City needs to be in compliance with the mining regulations, Surface Mining and Reclamation Act of 1974. He advised under those regulations the City is to have the mines inspected, the files in order and the financial assurances. Since the City is no longer in a contract with the County to provide these services this component is missing. He stated it is imperative that the City move forward noting that he did speak with the individual and two of his references and staff was comfortable recommending him. Councilman Hickman asked if the State would take this over. Mr. Seumalo advised that if the City fell out of compliance, which included the inspections the State does have the option of taking over all of the City's mines. He explained the City would rather not have this happen because the City wants to maintain control with what happens after they are done with the mines. Mr. Hickman asked when the inspection was scheduled. Mr. Seumalo advised that as soon as the individual was on board the inspections would be scheduled. PUBLIC COMMENTS - NON-AGENDIZED ITEMS n There were no public comments. REDEVELOPMENT AGENCY Vice-Chairwoman Bhutta called the meeting to order at 4:25 pm ROLL CALL PRESENT: VICE-CHAIRWOMAN BHUTTA MEMBER HICKMAN MEMBER MAGEE MEMBER MELENDEZ ABSENT: CHAIRMAN BUCKLEY Also present: Executive Director Brady, Agency Counsel Mann, Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Information/Communications Manager Dennis and Interim Secretary Cowley. n n CLOSED SESSION Agency Counsel Mann announced there are two items for closed session, both of which are to conference with real property negotiator pursuant to Government Code ~ 54956.8. 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~ 54956.8) Property: APN 374-174-018, 374-262-013 Agency Negotiator: Executive Director Brady Negotiating Parties: Lake Elsinore Redevelopment Agency and Elsinore Pioneer Lumber Company Under Negotiation: Price and terms of payment 1(b) CONFERENCE WITH REAL PROPERTY NEGOTlATIOR (Gov't Code ~54956.8) Property: APN 374-174-013, -016, -017 Agency Negotiator: Executive Director Brady Negotiating Parties: Lake Elsinore Redevelopment Agency and Thomas A. Martin Under Negotiation: Price and terms of payment ~ [ , PUBLIC COMMENTS - AGENDIZED ITEMS There were no public comments. CONSENT CALENDAR (2) Approval of Redevelopment Aaencv Minutes Recommendation: Approve the following minute(s): a) Joint City Council/Redevelopment Agency Meeting - December 23, 2008. b) Regular Meeting - December 23, 2008. (3) Warrant List Dated December 30. 2008 Recommendation: Authorize payment of Warrant List dated December 30, 2008. PUBLIC HEARING(S) No public hearings scheduled. o ~ BUSINESS ITEM(S) No business items scheduled. PUBLIC COMMENTS - NON-AGENDIZED ITEMS There were no public comments. EXECUTIVE DIRECTOR COMMENTS There were none. LEGAL COUNSEL COMMENTS There were none. BOARDMEMBER COMMENTS There were none. n There being no further business to come before the Agency Board, the meeting adjourned at 4:26 pm. The City Council reconvened at 4:26 pm. Mayor Magee advised that he was able to meet with City staff, the staff for Canyon Lake along with their Mayor to discuss a possible resolution to the lawsuit that they have filed against the City. He felt that the City may have a resolution and he would like the opportunity to discuss that in closed session this evening. He advised it requires a four-fifths vote by the City Council in order to consider it tonight since it is not currently agendized. . City Attorney Mann added that the Information was not available before the 72- hour posting limit and if it is approved he will make the appropriate announcement. Councilwoman Bhutta moved to add this item to the agenda; second by Councilman Hickman. The Motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta and Councilman Hickman. NOES: None. ABSENT: Councilman Buckley. n City Attorney Mann announced that the City Council would conference with legal counsel on one case of anticipated litigation pursuant to Government Code 9 54956.9; and based on the City Council's motion there is an additional conference with legal counsel involving pending litigation pursuant to n Government Code 9 54956.9(a) in the case of the City of Canyon Lake versus the City of Lake Elsinore. ADJOURNED There being no further business to come before the Council and Agency Board, the meeting was adjourned at 4:28 pm to closed session at 5:00 pm and the regular meeting at 7:00 pm. (-~~\ !Wi' BH~ CHAIRWOMAN CITY OF LAKE ELSINORE n ATTEST: CLERK n