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HomeMy WebLinkAbout12-23-2008 SS n . I n n MINUTES JOINT CITY COUNCIUREDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 23, 2008 ****************11111111**************************************************************************** CALL TO ORDER - 4:00 P.M. Mayor Magee called the meeting to order at 4:02 pm. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM MELENDEZ COUNCILWOMAN BHUTTA COUNCILMAN BUCKLEY ARRIVED AT 4:07 PM ABSENT: COUNCILMAN HICKMAN Also present: City Manager Brady, 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, Captain Cleary, Information/Communications Manager Dennis and Interim City Clerk Cowley. Mayor Magee commented that this was the first meeting with the newly elected Council and advised that the general tone of the review session is less formal than the 7:00 pm meeting to allow Council to interact a little more with Staff and the applicants. He encouraged the Council Members to ask questions indicating their request to speak lights were working. PRESENT ATIONS/CEREMONIALS City Web Site Presentation Council Recognition of 2008 Mayor Daryl Hickman and Redevelopment Agency Chair Thomas Buckley 1 n I I There were no requests to speak. PUBLIC COMMENTS - NON-AGENDIZED ITEMS CONSENT CALENDAR. (2) Approval of Citv Council Minutes Recommendation: Approve the following Minutes: a) The Minutes of the regular City Council Meeting - December 9, 2008. (3) Warrant List Dated December 15, 2008 Recommendation: Authorize payment of warrant list dated December 15, 2008. (4) Claims Aqainst the City Recommendation: Reject the claims of Carlos Ramirez, Rocio Vargas, and Maria Navarro and direct the City Clerk's Office to send a letter informing the claimants of the decision. (5) Walnut Drive and Frasier Drive Improvements - Notice of Completion n Recommendation: The City Council authorize the Mayor to execute the Notice of Completion and request the City Clerk to file the Notice of Completion with the County of Riverside. Mayor Pro Tem Melendez verified the total final cost of this project was $164,054.00. Acting Community Development Director Weiner responded that he had confirmed that with the Dave Solomon, the Project Manager, and that included administration and testing. Mayor Magee commented that this project was a perfect example of a need the City saw for improvement. The city did not have the money at the time so it was placed on the Capital Improvements Project list and moved up the list until funding became available and now it is complete and under budget. Mayor Magee indicated he has received complements from people in that area for solving the drainage issue and improving the traffic situation. He thanked staff. (6) Award of Professional Service Contract for the Desiqn of Diamond Drive and Lakeshore Overlav n Recommendation: The City Council award the consultant contract to KOA Corporation for an amount not to exceed $69,280 for preparation of plans and specifications of Grand Avenue. 2 n n n Councilwoman Bhutta expressed her happiness to see this issue is being addressed noting it has been a great need for a long time. Public Works Director Seumalo advised Council that staff anticipates two to three months for design of the project. Staff will take into consideration the storm baseball schedule. Although it was a little premature, Mr. Seumalo expects to see the Diamond Drive project work to be carried on at night to cause minimal impact. The bid amounts and length of time to complete the project may be affected taking into account the schedule. Once the design is complete Staff will address it at a staff level with the design engineer. (7) Update to State of California Local Aaencv Investment Fund (LAIF) Resolution Recommendation: That the City Council approve Resolution No. 2008-109 which removes Matt N. Pressey and David W. Sapp as authorized signers for all Local Agency Investment Accounts held at the State of California. (8) Aareement and Escrow Instructions for Purchase and Sale of Real Property: APN379-403-018 Recommendation: That the City Council approve the Agreement and Joint Escrow Instructions for Purchase and Sale of Real Property in substantially the form attached, direct the City Attorney to finalize the Agreement, authorize the Mayor to execute the Agreement in such final form as approved by the City Attorney, and direct the City Manager to execute the Certificate of Acceptance. (9) Investment Report - November 2008 Recommendation: The City Council receive and file the report. PUBLIC HEARINGlSl (10) Neaative Declaration No. 2008-13 and Tentative Tract Map No. 32013 for Finance and Convevance Purposes for the Proiect Known as "Southshore II" Recommendation: The Planning Commission recommends the City Council adopt Resolution No. 2008-110 Certifying Negative Declaration No. 2008-13 and Resolution No. 2008-111 for Tentative Tract Map No. 32013 for Finance and Conveyance Purposes. Councilman Buckley asked if the applicant has returned with something different than a mobile home park. Acting Community Development Director Weiner advised they have not. The only thing they have done since the original submittal was to give the finance map to staff, but no redesign has been made to this point. Mayor Pro Tem Melendez asked if the applicant has expressed when they wish to begin development. Community Development Director Weiner advised they have not. 3 II n n APPEAL{S} (11) Consideration of an Appeal of the Plannina Commission's Decision Relative to Public Convenience and Necessitv Findinas for Off-Premise Alcohol Sales from a Proposed Convenience Store Located within the Viscava Villaae Shoppina Center Located at 16665 Lakeshore Drive. Suite 'A' (APN: 379-470-083) Recommendation: That the City Council: 1) Consider the appeal and either uphold the Planning Commission's decision to deny the Public Convenience and Necessity request; or 2) Overturn the Planning Commission's decision and approve the Public Convenience and Necessity request. Councilman Buckley commented that the original emails Council received were in opposition to the project; however, since the applicant attended the homeowners' association meeting, Council has received numerous emails in favor of the project. Mayor Pro Tem Melendez asked whether the original pad had been relocated indicating that Captain Cleary had expressed concern regarding visibility. Captain Cleary indicated that he believed it was on the same pad that faces away from Lakeshore. He advised that there was limited visibility in terms of the officers looking into the storefront. The pads the police department felt would be more acceptable are not available. Captain Cleary responded to Mayor Pro Tem Melendez's question as to whether the other issues had been rectified to Captain Cleary's satisfaction indicating he believed the appellant was going to address the visibility issues and was going to install quality surveillance equipment inside the business and in the parking lot which makes it better for the police after something has occurred, and might serve to dissuade somebody from doing something. Councilman Buckley asked if Council was going to receive copies of the letters of recommendation the developer received from the other police departments in the three cities where this family owns businesses indicating they have a good record. City Manager Brady advised that staff has not received copies of those letters. Councilwoman Bhutta stated that she went to the Viscaya community during the weekend to talk to residents to determine whether the information Council received was accurate. She indicated that she knocked on approximately 30 days and the feedback she received reflected that initially the residents thought it was only going to be a liquor store, but now that it has been clarified everyone is in support of it. 4 n n n BUSINESS ITEM(S) (12) CalPERS Emelover Pickue Resolution for Pre-Tax Deduction Plan for Service Credit Purchases Recommendation: That the City Council adopt Resolution No. 2008-112 the attached resolution for the pre-tax deduction plan for service credit purchases. (13) 2008/09 Sueelemental Law Enforcement Services Fund (SLESF) Grant Recommendation: Approve the expenditure plan and the allocation of funds from the SLESF Grant. Councilman Buckley asked if the City was looking at portable cameras that have been discussed for many years that can be moved around when there is a graffiti hot spot. City Manager Brady indicated other funds were allocated for that but the camera has yet to be purchased. Councilwoman Bhutta confirmed that the City was receiving the full grant amount of $100,000 this year. City Manager Brady advised Council that the list on page 2 of the agenda report are the types of things the City has used the funds for in the past and the types of equipment the funds can be used for. Captain Cleary confirmed that this list gives the City flexibility in what can be purchased in terms of the needs of the moment and what is occurring, listing some items that can be purchased under tactical equipment. Mayor Pro Tern Melendez asked if the funds can be used to add members to gang enforcement. Captain Cleary indicated it would help defray some of the City's costs for salary, but in terms of a full officer it would not. (14) Interim Aareement with the Ferauson Groue for Washinaton. D.C. Lobbvina Services Throuah June 30. 2009 Recommendation: Authorize approval of the Interim Agreement and execute the Agreement with the Ferguson Group, L.L.C.; reauthorize the annual legislative delegation Washington, D.C. meeting and related travel expenses at the not-to- exceed amount of $5,000.00; and authorize a budget adjustment for $21,000.00 from unallocated revenue. City Manager Brady provided a brief staff report indicating Christy More with the Ferguson Group who staff has been working with regarding the city's agreement with the Ferguson Group over the past several months is present to answer questions. City . Manager Brady reminded Council that the Ferguson group has provided services to the 5 n r I ! n city at the feral level on several projects for funding. The Ferguson group has proposed a Modified contract from November 1st through June 30th at $2,000 per month, which is essentially one-third of the monthly costs the city was previously paying for the services. The Ferguson Group has been representing the City and council and staff has gone to Washington on three occasions. He advised the city has been successful indirectly in receiving monies with regard to the Ferguson group's efforts mentioning the $800,000 the City received for the Riverwalk project was indirectly through the grant the Ferguson group led the City to. He also mentioned the $100,000 that is currently pending to upgrade the Emergency Operations Center at the police station. City Manager Brady introduced Christy More who provided a brief overview indicating she has been with the Ferguson group for almost nine years and works exclusively out of the northern California office as did her former colleague Dave Kennett who used to handle the city's contract. Since he left the firm in May, her colleague Charmayne Lincoln and she have taken over his accounts, projects and agenda. Charmayne had been with the firm for 15 years; she is a partner and works exclusively out of the Washington DC office. Ms. More advised that Ms. Lincoln has extensive relationships on the Senate side and specifically with Senators Feinstein and boxer so between the two of them they have a tagging approach to handle the city's priorities on the federal level. She indicated that both she and Charmayne were here last month meeting with the City Manager and staff to discuss next year's agenda and the opportunities that will exist with the new Congress and the new administration. The biggest opportunity being the economic stimulus package, which is something President-Elect Obama, is highly prioritizing at this point. A lot of the infrastructure funds that will come out of the economic stimulus package will ho to local governments in an effort to stimulate the economy on a longer term process. They have been working with cities to identify potential projects where money can come directly to the City out of that package. As the City Manager mentioned there is $100,000 earmarked sitting in the House Commerce, Justice, State Science appropriations bill for infrastructure and technology to operate the City's EOC. Those bills will actually be finalized as one of President- Elect Obama's first items. She indicated everything was pending right now and they expect an extremely busy January and February as well as into the spring. Mayor Pro Tem Melendez commented on the reduction of the cost until June and asked the likelihood of the City receiving funding between now and June. Ms. More advised that it is actually higher than it has been in the past and the $100,000 earmark that is pending in the 2009-10 bill should be finalized by February. Those bills are being wrapped up into an omnibus piece of legislation that should hit President Obama's desk after the economic stimulus package is passed. That is the way the leadership wants to see these two large funding bills go forward. Economic stimulus first and FY 2009-10 bills second. They should be passed by law by March 6th because that's when the resolution that's currently funding the federal government expires. The bills will have to be reintroduced and the projects resubmitted, because it is a new Congress but typically when this has happened in the past they just carry forward any projects that were earmarked. 6 n n II Councilwoman Bhutta asked how many other cities the Ferguson Group represents in California. Ms. More advised that California was one of their largest states in terms of clients and they represent approximately 30 cities. She confirmed for Councilwoman Bhutta that none of the cities they represent were in the immediate vicinity. Councilman Buckley asked if the reason the agenda is identical to last year's was due to the resubmission process. Ms. More confirmed that it was and that they were still working with City staff to identify possible new projects for the 2010 appropriations agenda. She further indicated that they will continue to watch the economic stimulus package to see how those projects will actually be funded. The other two big items is the Water Reauthorization which is the Water Resources Development Act that the City participated in last year but it did not go anywhere in Congress. However, Senator Boxer is chairman of the Committee that oversees that on the Senate side and she plans to reintroduce it early on in the new session. Under Senator Boxer's discretion as well is the reauthorization of the SAFETEA Act, which is being called MAP 21 (Moving Ahead for Prosperity in the 21st Century). Ms. More indicated they would be working directly with the Senator's office as well as the City to submit a large transportation priority on behalf of the City. She indicated that it was some of the same projects but in some instances will actually be changing the presentation in the way they are presented to Congress. Thereafter followed a discussion regarding the manner in which the economic stimulus would be written and the mechanism to pursue funding under the economic stimulus package. Councilman Buckley expressed his view that the City of Lake Elsinore continue to fund the downtown Master Plan in terms of roads, the lake, piers, and some of the housing would be perfect for those funds. Ms. More confirmed that she and Charmayne had a conference call with staff last week to encourage them to develop a list so that when the economic stimulus package is passed, local governments will be one step ahead of everyone else. Councilman Buckley expected to have the first rough draft of the downtown Master Plan information on the first or second meeting in January. Tom Weiner clarified there will be a second and last public workshop the end of January and shortly thereafter it would be brought to council for a vision document/progress report. He estimates the Plan be completed by June, possibly earlier. Thereafter followed a general discussion regarding the time frame and process regarding the Downtown Master Plan and when it would come back to Council for conceptual approval. Mayor Magee commented on several issues regarding the economic stimulus package, the readiness of the projects and types of projects. He also discussed the length of time it takes to go through the environmental process expressing his hope that the Ferguson Group could assist the city in streamlining the environmental aspect of the stimulus package. He mentioned some of the projects the City would be ready to start such as Gunnerson and Highway 74 providing that habitat issues do not get in the way. The 7 n I I: I I n ultimate improvement of the Highways 15 and 74 interchange. Both of those projects have been around for a very long time and realistically could go green rather quickly. He also stated the city needed to be conscious of Senator Feinstein making it very clear she doesn't want jurisdictions stepping over each other for the same dollars. So to that extent the City's agenda relative to transportation needs to be consistent with the County Transportation Commission's agenda and the Riverside Transit Agency's agenda. Mayor Magee felt the City should also look at some new projects that were thought to be too big to address, because as long as President-Elect Obama is thinking big and wants to put people to work; and if environmental streamlining can be expedited, cleaning out the inflow channel would be a huge project for the City. The acquisition of mitigation lands, since the Army Corps of Engineers is pushing that requirement on the City. The completion of the Riverwalk project as well as Lakeshore property acquisition as long as it is for public purposes. City Manager Brady confirmed the approval of the City's 2009 request list is coming back before the Council. Mayor Magee continued that Item 2 on last year's project list was the septic tank conversions primarily for the area of the Avenues he felt that should be added to the list along with Country Club Heights and recommended working with the Water District on that. Thereafter followed a general discussion regarding sewers in the City. City Manager Brady advised that provided the item carried, the list of projects would be brought back to Council in January and if approved the contingency would be sent to Washington the first part of March when the proposal would need to be put together. Thereafter followed a general discussion with Council concurrence on bringing the project list to Council the latter part of January once the City knew the direction of the new Administration. 15) Annual Financial Reports for the Fiscal Year Endino June 30. 2008 Recommendation: That the City Council receive and file the reports. Councilman Buckley asked whether this would be a long, involved presentation. City Manager Brady advised it would be a short presentation giving Council an opportunity to ask questions, if they wish. (16) Citv Council Appointments to Various Oraanizations Recommendation: That the City Council confirm the appointment of delegates and alternates as contained in the Mayor's Recommended Council Appointments List Mayor Magee thanked the members for participating and volunteering their time. He said he tried to match people's interests, desires and work schedules with availabilities and he thinks the end result is fairly reflective of most people's wish list. 8 n n n Mayor Pro Tem Melendez indicated she was appointed to the EVMWD which spread her pretty thin concerning monthly meetings. She asked if there was someone else who wished to serve on that board. After some discussion, Council concurred that Mayor Pro tem Melendez and Councilwoman Bhutta would serve as appointees and Mayor Magee and Councilman Buckley would be the alternates and each council member would alternate attending the meetings. Thereafter followed a brief discussion regarding the Public Safety Advisory Commission, the terms that expired this year and the application process. Councilman Buckley noted for the record that the appointment to the Northwest Mosquito and Vector Control District was a four year term. Mayor Pro Tem Melendez questioned the Chamber of Commerce's meeting date and time indicating if that was correct it conflicted with City Council meetings. After a short discussion, the City Manager advised that staff would check on the date and time of the Chamber's meetings. Councilwoman Bhutta advised that she was the alternate for the RTA and although Councilman Hickman never misses a meeting, she would not be able to attend because the meetings were at 2:00 pm in the middle of a work day. There being no volunteers, Mayor Magee appointed himself as the alternate for the RT A. (17) Citv Clerk Recruitment Recommendation: That the City Council appoint two of its members to serve on a sub-committee to review the 32 applications for the City Clerk position, conduct the first interview process and select the candidates to be interviewed by the entire City Council. Mayor Magee recommended Pro Tem Melendez and Councilwoman Bhutta be appointed to the selection committee. Both of them expressed interest serving on the committee and he wanted to take himself out of consideration. He indicated Councilman Hickman has not made any comment on it whatsoever and he has not heard from Councilman Buckley. Mayor Pro Tem Melendez indicated that she had one suggestion that she spoke with City Manager Brady about background checks being moved up on the top two candidates before a job offer is made to avoid any issues that might occur as a result of someone's background check. City manager Brady confirmed that Mayor Pro Tem wanted the top two candidates' background checks done prior to selecting the final candidate and making an offer. Council concurred. City Manager Brady advised that whoever is selected to be on the interview committee will receive packets with the candidates' information after the meeting. (18) Ordinance of the City Council of the Citv of Lake Elsinore. Califomia. Renumberina Chapters 3. 5. 6. 16 and 17 of the Lake Elsinore Municipal Code 9 n Recommendation: That the City Council read by title only and waive further reading of Ordinance Renumbering Chapters 3, 5, 6, 16 and 17 of the Lake Elsinore Municipal Code. PUBLIC COMMENTS - NON-AGENDIZED ITEMS There were no public comments. The City Council recessed to the Redevelopment Agency Meeting at 4:45 pm. REDEVELOPMENT AGENCY Chairman Buckley called the meeting to order at 4:45 p.m. ROLL CALL PRESENT: CHAIRMAN BUCKLEY VICE-CHAIR BHUTTA MEMBER MAGEE MEMBER MELENDEZ n ABSENT: MEMBER HICKMAN Also present: Executive Director Brady, 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 Gonzalez, Captain Cleary, Communications/Information Manager Dennis; and Interim Secretary Cowley CLOSED SESSION Chairman Buckley announced that the Redevelopment Agency will be meeting in closed session at 5:00 pm to discuss the following closed session items consisting of Items 1 (a) through 1(e) as listed on the agenda: 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8) PROPERTY: APN 375-350-036, -057 AGENCY NEGOTIATOR: Executive Director Brady NEGOTIATING PARTIES: Lake Elsinore Redevelopment Agency and Symantha Pham and Glenda Patton UNDER NEGOTIATION: Price and terms of payment n 1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8) PROPERTY: APN 374-311-018, -019 10 I ----, I I ! I ~ . I I I n . , n AGENCY NEGOTIATOR: Executive Director Brady NEGOTIATING PARTIES: Lake Elsinore Redevelopment Agency, Sharon Rose, and H&H Charitable Remainder Trust UNDER NEGOTIATION: Price and terms of payment 1(c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~S49S6.8) 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(d) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~S49S6.8) 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 1(e) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~S49S6.8) PROPERTY: APN 373-162-003, -004, -OOS AGENCY NEGOTIATOR: Executive Director Brady NEGOTIATING PARTIES: Lake Elsinore Redevelopment Agency and WSS Investments UNDER NEGOTIATION: Price and terms of payment PUBLIC COMMENTS There were no public comments CONSENT CALENDAR (2) Approval of Redevelopment Aaencv Minutes Recommendation: Approve the following minute(s): a) Regular Meeting - December 9, 2008. (3) Warrant List Dated December 1S, 2008 Recommendation: Authorize payment of Warrant List dated December 1S, 2008. (4) Update to State of California Local Aaencv Investment Fund (LAIF) Resolution Recommendation: That the Redevelopment Agency approve Resolution No. 2008-05 which removes Matt N. Pressey and David W. Sapp as authorized signers for all Local Agency Investment Accounts held at the State of California. 11 ! n (5) Investment Reoort - November 2008 I Recommendation: Receive and File. I I PUBLIC HEARING{S} No public hearings scheduled. BUSINESS ITEM{S} (6) Annual financial Reoort for the fiscal vear Endina June 30. 2008 Recommendation: That the Agency Board receive and file the report. I I (7) Resolution Makina Various findinas Related to the Aaencv's Low and Moderate Income Housina Fund Recommendation: The Agency Board Adopt Resolution No. 2008-06 Making Various Findings related to the Lake Elsinore Redevelopment Agency's Low and Moderate Income Housing Fund. r . I PUBLIC COMMENTS - NON-AGENDlZED ITEMS There were no public comments. Reconvened to the City Council meeting at 4:46 pm. CLOSED SESSION Mayor Magee announced the City Council will recess to closed session commencing at 5:00 pm to discuss the following items 1 (a) through 1 (d): 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) PROPERTY: APN 375-250-026, -027, 375-942-015 CITY NEGOTIATOR: City Manager Brady NEGOTIATING PARTIES: City of Lake Elsinore, Denise Fleming, and Tim Fleming UNDER NEGOTIATION: Price and terms of payment n 1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code ~54956.8) Property: APN 379-403-018 Agency Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and Jess & Marissa Enriquez 12 n n n Under negotiation: Price and terms of payment 1 (c) CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Gov't Code 954956.9) City of Canyon Lake vs City of Lake Elsinore (Riverside Superior Court Case #513811) 1(d) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases City Manager Brady announced that Staff does have a presentation on the City's Website and asked if Council wanted a brief presentation at this time and again at the 7:00 pm meeting or wait until the regular meeting at 7:00 pm. Council concurred to hold the City Website presentation over to the 7:00 pm meeting. ADJOURNMENT There being no further business to come before the Council and Redevelopment Agency, the meeting was adjourned at 4:49 pm. I ROBERT MAGE A YOR CITY OF LAKE ELSINORE ATTEST: , CHAIRMAN SINORE / . /~~/ CITY CLERK . ~ . - 13