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Home My WebLink AboutRDA Item No. 2 Approval of Minutes ll-30-2010C1'rY OF rte, LADE '` ) LSINOR,E �%1 DREAM EXTREME REPORT TO REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: DECEMBER 14, 2010 SUBJECT: APPROVAL OF MINUTES Discussion The following Redevelopment Agency Minutes are submitted for approval: a) Regular Redevelopment Agency Meeting Minutes: November 9, 2010 and November 23, 2010 b) Joint Study Session Minutes: November 23, 2010 Recommendation Approve the Minutes as submitted. Prepared by: Dana C. Porche ;�) Office Specialis Approved by: Carol Cowley Interim City Cle Approved by: Robert A. Brady City Manager AGENDA ITEM NO. 2 Page 1 of 17 MINUTES REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, NOVEMBER 9, 2010 .......................................................................... ............................... CALL TO ORDER Chairman Magee called the meeting to order at 7:36 p.m. ROLL CALL PRESENT: CHAIR MAGEE VICE -CHAIR BUCKLEY AGENCY MEMBER BHUTTA AGENCY MEMBER HICKMAN AGENCY MEMBER MELENDEZ ABSENT: NONE Also present: Executive Director Brady, Agency Counsel Leibold and Office Specialist Porche CLOSED SESSION (1a) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 potential case CLOSED SESSION REPORT Agency Counsel Leibold announced that Item (1a) was discussed during closed session and there is no reportable action. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Regular Meeting —October 26, 2010 Page 3 of 17 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of November 9, 2010 Page 2 of 3 b) Joint City Council /Redevelopment Agency /Public Financing Authority Meeting — October 26, 2010. (3) Warrant List Dated October 28, 2010 Recommendation: Authorize payment of Warrant List dated October 28 2010. It was moved by Agency Member Melendez and seconded by Agency Member Bhutta to approve the Consent Calendar Items No. 2 and 3. The motion unanimously carried by the following vote: AYES: Agency Members: Bhutta, Hickman, Melendez, Vice -Chair Buckley and Chairman Magee. Noes: None. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEM(S) (4) Consideration of Redevelopment Agency Fiscal Year 2010 -2011 First Quarter Budget Report Recommendation: It is recommended the Agency Board approve the First Quarter 2010 -11 Redevelopment Agency Budget Report. Director of Administrative Services Riley provided the Agency with an overview of the First Quarter Budget Report. He stated on June 22, 2010 the Redevelopment Agency passed the Fiscal Year Budget for 2010 -2011. He indicated this is a review of the budget and stated overall the Redevelopment Agency budget is doing well. He stated the Financial Team has been reviewing the budget along with the tax increment projections and staff will have a better idea within the next month. He pointed out that the Redevelopment Agency would need to pay $1.4 million to the State in May 2011. Vice -Chair Buckley asked if Proposition 22 would have any impact on the Agency. Agency Counsel Leibold stated there may be some further evaluation, but overall the passing of Proposition 22 wouldn't necessarily help the Agency in the context of the upcoming obligation. Chairman Magee stated it is important to reflect on the fact that staff and the Agency Board had to take a huge hit with giving the State over 7 million. He stated because of the conservative and responsible approach that the Agency has taken, the Agency will get through this hurdle, and the taxpayers need to keep this in mind. Page 4 of 17 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of November 9, 2010 Page 3 of 3 It was moved by Agency Member Melendez and seconded by Agency Member Bhutta to approve the First Quarter 2010 -2011 Redevelopment Agency Budget Report. The motion unanimously carried by the following vote: AYES: Agency Members: Bhutta, Hickman, Melendez, Vice -Chair Buckley and Chairman Magee. Noes: None. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE There were none. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES There were none. EXECUTIVE DIRECTOR COMMENTS There were none. LEGAL COUNSEL COMMENTS There were none BOARD MEMBER COMMENTS There were none. ADJOURNMENT There being no further business to come before the Agency Board, the meeting adjourned at 7:42 p.m. to a regular meeting to be held on Tuesday, November 23, 2010, at 7:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. ROBERT MAGEE, CHAIRMAN REDEVELOPMENT AGENCY ATTEST: DANA C. PORCHE, OFFICE SPECIALIST LAKE ELSINORE REDEVELOPMENT AGENCY Page 5 of 17 MINUTES JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 23, 2010 .............................................................................. ............................... CALL TO ORDER Mayor Melendez called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA COUNCIL MEMBER HICKMAN COUNCIL MEMBER MAGEE ABSENT: COUNCIL MEMBER BUCKLEY (arrived at 4:39 p.m.) Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Public Works Director /City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Redevelopment Analyst Carlson, NPDES Coordinator Thompson, Building Official Chipman and City Clerk Cowley. CITY COUNCIL CLOSED SESSION (1a) CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9) R Side Medical, LLC; Carlos Stahl vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10010236) (1b) CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9) Carlos Stahl vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10020759) (1c) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case (1d) PUBLIC EMPLOYMENT (GOV'T CODE § 54957): CITY CLERK Page 7 of 17 Joint City Council Study Session November 23, 2010 PRESENTATIONS / CEREMONIALS Page 2 of 8 Presentation of Spirit of Courage Award to canine trainer and TIP Awardee from Lake Elsinore Police Department Mayor Melendez requested the Council add an item to the Presentation /Ceremonial portion of the Agenda, a letter of appreciation to the Unity in the Community Parade organizers. It was moved by Mayor Melendez and seconded by Council Member Hickman to add a letter of appreciation to the organizers of the Unity in the Community Parade under Presentation /Ceremonial. The motion carried by the following vote: AYES: Council Members: Hickman, Magee, Mayor Pro Tem Bhutta and Mayor Melendez; NOES: None; ABSENT: Council Member Buckley. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 1 MINUTE There were no comments. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the following minutes: a) Joint City Council /Redevelopment Agency Meeting — November 23, 2010 (3) Warrant List Dated November 15, 2010 Recommendation: Authorize payment of Warrant List dated November 15, 2010. Mayor Pro Tern Bhutta asked about the following warrants and staff provided the following responses: • Warrant No. 104454 to A & E Glass Repair, Inc in the amount of $735.20 was for repair of a broken window in the Engineering Division at City Hall. • Warrant No. 104455 to Alliance Environmental & Compliance in the amount of $1,800 was for the removal of an asbestos pipe located at the intersection of Mountain and Lake Street. • Warrant No. 104509 to Pauley Equipment of Temecula, Inc in the amount of $1,758.42 was to repair a tractor which is used by the Public Works Department for the Weed Abatement Program. Page 8 of 17 Joint City Council Study Session November 23, 2010 Page 3 of 8 • Warrant No. 104537 to Sungard Public Sector, Inc. in the amount of $40,340.96 was for the annual renewal license. City Manager Brady indicated the renewal is under the IT Department and is paid yearly. (4) Investment Report for October 2010 Recommendation: It is recommended the City Council receive and file the Investment Report for October 2010. Council Member Hickman stated he appreciated the report prepared by the Finance Department. (5) Notice of Cessation of Special Tax — 29456 Village Parkway Recommendation: It is recommended the City Council direct the City Clerk to execute the Notice of Cessation of Special Tax for 29456 Village Parkway and submit the executed document to the Riverside County Recorder's office for recordation. Council Member Magee asked which unit this was for. Dennis Anderson with Francisco & Associates indicated the Notice of Cessation of Special Tax was for one unit at 29456 Village Parkway which is a model home. He stated they can only pay off the tax if there is a building in place and the City cannot pay off a vacant lot. (6) Consideration of Winterfest Celebration and Street Closures Recommendation: It is recommended the City Council approve temporary street closures for the Winterfest event on December TO from 1:00 p.m. to 11:00 p.m. for Main Street, Graham Avenue, Sulphur Street and Limited Avenue. Council Member Hickman asked how much snow the City would be supplying for the event. Director of Lake and Aquatics Kilroy replied by saying he did not have the exact amount of snow that would be delivered, but did say the cost was approximately $5 thousand. (7) Consideration of National Pollutant Discharge Elimination System Urban Runoff Discharge Permit Implementation Agreement, Santa Ana Region Recommendation: It is recommended the City Council approve the NPDES Urban Runoff Discharge Permit Implementation Agreement and authorize execution by the Mayor. Mayor Pro Tern Bhutta noted the estimated cost would be $41,000 for fiscal year 2010- 2011 and asked what the costs were previously. NPDES Coordinator Rita Thompson stated the previous year was $4,000. She stated the reason for the increase was for Page 9 of 17 Joint City Council Study Session Page 4 of 8 November 23, 2010 the new permit fees issued by the Santa Ana Regional Board have increased. Mayor Pro Tem Bhutta asked if the City was informed of the increase. Ms. Thompson replied by saying, during the negotiation process for the new permit, one of the issues was the cost increase. She stated the City requested to defer or delay the implementation and they refused. Mayor Melendez requested Ms. Thompson to explain the increase to the audience at the 7:00 p.m. meeting. Ms. Thompson stated the cost increases were mainly for new plans that were implemented which included monitoring within the water shed. Mayor Melendez asked if there was a particular board that made the decision. Ms. Thompson stated it was the Santa Ana Regional Water Quality Control Board. Mayor Melendez requested Ms. Thompson to forward to the Council the names of all the Board Members. Council Member Magee concurred with the Mayor's comments. He stated part of the Council's responsibility is to make sure that the City has adequate funds available to close all of the County's landfills. He stated the increase is simply to fund needless regulations and to provide additional employment in Sacramento. He stated the newest member of the Regional Water Quality Control Board for the Santa Ana Region is Greg Morrison. (8) Consideration of Award of Construction Contract for the Annual Concrete Maintenance Program Project No. 4024 Recommendation: It is recommended that the City Council: (1) award the annual Concrete Maintenance Program to Above All Names Construction Services, Inc. in the amount of $130,000.00; and (2) authorize the City Manager to execute the contract with Above All Names Construction Services, Inc. in the amount of $130,000.00. City Manager Brady requested items 8 and 9 be pulled and requested the City Council reject all bids for these projects. He stated the projects would be going back out to bid due to some concerns in the bidding process. (9) Consideration of Award of Construction Contract for the Annual Asphalt Maintenance Program Project No. PIMP 11 Recommendation: It is recommended that the City Council: (1) award the annual Asphalt Maintenance Program to Hardy & Harper, Inc. in the amount of $282,000.00; and (2) authorize the City Manager to execute the contract with Hardy and Harper, Inc. in the amount of $282,000.00. (10) Consideration of Encroachment Agreement for a Retaining Wall at 32375 Ontario Way Recommendation: It is recommended the City Council approve the Encroachment Agreement; authorize the City Manager to execute the document; and record the Easement Agreement with Riverside County. Page 10 of 17 Joint City Council Study Session Page 5 of 8 November 23, 2010 Council Member Magee thanked staff for all their efforts. He stated the applicant built a retaining wall outside his property line. He stated the error was discovered by the inspectors and they requested the applicant correct it. He stated the addition is a tremendous investment and enhances the property. He thanked staff for their patience. Mayor Pro Tern Bhutta asked City Attorney Leibold to comment on the agreement. City Attorney Leibold replied that she drafted the agreement which states that the City would not be held responsible for any damages or liability to the retaining wall. Mayor Pro Tern Bhutta asked if there were adjacent properties that might consider the same. Director of Public Works Seumalo stated the property is located at the end of Ontario Way. He stated this property is mostly impacted by the drainage; however, it does fall adjacent to other properties. Council Member Hickman asked if the applicant had a land surveyor show him where the property lines were. Director of Public Works Seumalo stated he was not aware of what the applicant's methods were for construction, but stated the agreement is not just for drainage but also to include maintenance. Mayor Melendez stated it bothers her that everyone in his neighborhood knows what he did, and he constructed the wall regardless. Director of Public Works Seumalo stated the error was discovered by the inspectors. He stated when the error was discovered, the applicant came to city hall and expected the City to come to an agreement and move forward. Mayor Melendez asked staff if the applicant would be present for the 7:00 p.m. meeting. City Attorney Leibold confirmed that she spoke with the applicant earlier and confirmed he would be present. PUBLIC HEARING(S) (11) Public Hearing — Introduction of an Ordinance Adopting by Reference California Building Standards Code and Resolution Setting Forth Findings with respect to Local Conditions Recommendation: It is recommended the City Council: (1) adopt Resolution No. 2010 -067 setting forth findings with respect to local conditions; and (2) waive further reading and introduce by title only Ordinance No. 2010 -1287 Amending Chapters 15.02, 15.20, 15.24, 15.38, 15.40, and 15.56 and adding Chapters 15.06, 15.32, 15.42 and 15.48 to the Lake Elsinore Municipal Code adopting the 2010 California Building Standards Code. Council Member Hickman asked the Building Official if this requirement is only for two - story homes or whether it was a requirement for single story homes as well. Building Official Chipman stated all newly constructed single family homes would be required to have sprinkler systems installed. Page 11 of 17 Joint City Council Study Session Page 6 of 8 November 23, 2010 Mayor Pro Tern Bhutta stated the information on page 3 of 27 in item no. 9 conflicts with page 25 and requested Building Official Chipman to clarify. Building Official Chipman stated that item no. 9 addresses the exceptions to the code. He stated all newly constructed single - family homes are going to be required to have sprinkler systems installed. He stated the section addresses existing structures that had alterations. He stated the sprinkler system would be designed in a way that should a fire occur, not all sprinklers would be activated; only the one that is necessary. He indicated the code is confusing and he would research the code for her further. waa�ffwl There is none scheduled. BUSINESS ITEM(S) (12) Second Reading — Adoption of Ordinance No. 2010 -1286 Amending Chapter 15.04 of the Lake Elsinore Municipal Code Designating Very High Fire Hazard Severity Zones in Lake Elsinore Recommendation: It is recommended the City Council, on second reading, adopt Ordinance No. 2010 -1286 by title only and waive further reading, Amending Chapter 15.04 of the Lake Elsinore Municipal Code Designating Very High Fire Hazard Severity Zones in Lake Elsinore The City Council recessed to the Redevelopment Agency at 4:28 p.m. REDEVELOPMENT AGENCY Chairman Magee called the meeting to order at 4:28 p.m. ROLL CALL PRESENT: CHAIRMAN MAGEE MEMBER BHUTTA MEMBER HICKMAN MEMBER MELENDEZ ABSENT: VICE -CHAIR BUCKLEY Also present: Executive Director Brady, Agency Counsel Leibold, Director of Administrative Services Riley, Public Works Director /City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Redevelopment Analyst Carlson, NPDES Coordinator Thompson, Building Official Chipman and Secretary Cowley. Page 12 of 17 Joint City Council Study Session November 23, 2010 CLOSED SESSION Page 7 of 8 Agency Counsel Leibold announced the Agency Board would recess to Closed Session at 5:00 p.m. to discuss the following item: (1a) CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9 CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Joint City Council /Redevelopment Agency Meeting — November 9, 2010 (3) Warrant List Dated November 15 2010 Recommendation: Authorize payment of Warrant List dated November 15, 2010. (4) Investment Report — October 2010 Recommendation: Receive and File the Investment Report for October 2010. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEM(S) No business items scheduled. ADJOURNMENT The Redevelopment Agency adjourned at 4:29 p.m. The City Council reconvened at 4:29 p.m. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council would adjourn to Closed Session at 5:00 p.m and the City Council would discuss Closed Session Items 1a through 1d as listed on the agenda. Page 13 of 17 Joint City Council Study Session November 23, 2010 ADJOURNMENT 111. :. There being no further business to come before the City Council, the meeting was adjourned at 4:30 p.m. to closed session at 5:00 pm and the regular meeting at 7:00 p. M. ROBERT E. MAGEE, CHAIRMAN LAKE ELSINORE REDEVELOPMENT AGENCY ATTEST: CAROL COWLEY, INTERIM SECRETARY CITY OF LAKE ELSINORE Page 14 of 17 MINUTES REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, NOVEMBER 23, 2010 .............................................................................. ............................... CALL TO ORDER Chairman Magee called the meeting to order at 7:43 p.m. ROLL CALL PRESENT: CHAIR MAGEE VICE -CHAIR BUCKLEY AGENCY MEMBER BHUTTA AGENCY MEMBER HICKMAN AGENCY MEMBER MELENDEZ ffie► Also present: Executive Director Brady, Agency Counsel Leibold and City Clerk Cowley CLOSED SESSION (1a) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9 CLOSED SESSION REPORT Agency Counsel Leibold announced that Item (1a) was discussed during closed session and there is no reportable action. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Joint City Council /Redevelopment Agency Meeting —November 9, 2010. Page 15 of 17 (3) Warrant List Dated November 15, 2010 Recommendation: Authorize payment of Warrant List dated November 15, 2010. (4) Investment Report — October 2010 Recommendation: Receive and File the Investment Report for October 2010. It was moved by Agency Member Melendez and seconded by Agency Member Hickman to approve the Consent Calendar Items No. 2 through 3. The motion unanimously carried by the following vote: AYES: Agency Members: Bhutta, Hickman, Melendez, Vice -Chair Buckley and Chairman Magee. Noes: None. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEM(S) No business items scheduled. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 1 MINUTE There were none. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES There were none. EXECUTIVE DIRECTOR COMMENTS There were none. LEGAL COUNSEL COMMENTS There were none. BOARD MEMBER COMMENTS There were none. Page 16 of 17 Lake Elsinore Redevelopment Agency Regular Meeting Minutes of November 23, 2010 ADJOURNMENT Page 3 of 3 There being no further business to come before the Agency Board, the meeting adjourned at 7:44 p.m. to a regular meeting to be held on Tuesday, December 14th, 2010, at 7:00 p.m. in the Cultural Center located at 183 n. Main Street, Lake Elsinore, CA 92530. ROBERT MAGEE, CHAIRMAN REDEVELOPMENT AGENCY ATTEST: CAROL COWLEY, SECRETARY LAKE ELSINORE REDEVELOPMENT AGENCY Page 17 of 17