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CITY OF LAKE ELSINORE
JOINT CITY COUNCIL / REDEVELOPMENT AGENCY
STUDY SESSION - AGENDA REVIEW
MINUTES
May 26th, 2009
CITY COUNCIL
CALL TO ORDER - 4:00 PM
Mayor Magee called the regular meeting of the Lake Elsinore Joint City Council /
Redevelopment Agency Agenda Review Study Session to order at 4:00 p.m. on
! Tuesday, May 26 , 2009 in the Cultural Center, located at 183 N. Main Street,
! Lake Elsinore, CA 92530.
PRESENT: Mayor Magee, Mayor Pro Tern Melendez, Councilmember
Bhutta, Councilmember Hickman.
ABSENT: Councilmember Buckley.
Also present: City Manager Brady, Deputy City Attorney Mann, and City Clerk
Thomsen.
Staff members present included 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, Police Chief Cleary, Fire Chief Hendershot, and Information /
Communications Manager Dennis.
PRESENTATIONS / CEREMONIALS
Mothers Against Drunk Drivers
Mayor Magee confirmed with the City Clerk Police Chief Cleary would be
presenting the award.
CONSENT CALENDAR
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(2) Approval of City Council Minutes
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Lake Elsinore City Council Agenda
Joint Study Session for Agenda Review
Meeting of May 26 , 2009
Page 2 of 11
Recommendation: Approve the following minute(s):
(a) Joint Study Session - Agenda Review City Council /
Redevelopment Agency - April 28, 2009
Mayor Magee stated on Page 5 of 12, at the bottom, a spelling correction
needed to be made for Public Speaker John Treece. City Clerk Thomsen
noted the correction.
(3) Warrant List Dated May 14, 2009
I' Recommendation: Authorize payment of Warrant List dated
May 14, 2009.
Councilmember Hickman questioned several warrants:
No. 99558 LLMD Consultant Dennis Anderson
No. 99600 Red Minute Book Covers for the City Clerk
Councilmember Bhutta questioned who attended a Grant Writing Seminar:
r No. 99638 USA Grant Writing, Justin Carlson, Planner
(4) Investment Report -April 2009 NO COMMENTS OR QUESTIONS
Recommendation: Receive and file.
(5) 1-15 / Railroad Canyon Road and 1-15 / SR-74 Interchange Update
Recommendation: Receive and file the report.
Mayor Magee had some questions regarding the project. He questioned if
in the interim during construction, if pylons could be placed at SR 74,
Dexter Avenue and Kinnard so the businesses could be easily accessible.
He also questioned the south side of the concrete curb where there was
an exposed gutter during the day for 7 months, and asked how long this
would continue, if any penalties were being assessed.
Public Works Director / City Engineer Seumalo stated Caltrans was
involved with much of the work, and they had been taking credit days due
to rain, etc. Mr. Seumalo also noted a driver could make a left turn into
the shopping center.
Lake Elsinore City Council Agenda
Joint Study Session for Agenda Review
Meeting of May 26 , 2009
Page 3 of 11
Councilmember Hickman questioned when Dexter Avenue would be
complete. He also asked since there is already asphalt under the bridge,
if that lane could be added to ease the congestion. Mr. Seumalo
responded the work should be done the first week of June, 2009, and
noted the roadway under the bridge had been restriped to shift the lanes
that are in use.
Mayor Pro Tenn Melendez asked if the signals could be synchronized.
Mr. Seumalo responded currently the signals are set at a fixed time,
switching them at this point could be evaluated for the future.
Councilmember Bhutta asked if there was a controversy with Caltrans
over a patch of Dexter Avenue, to which Mr. Seumalo responded he was
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not aware of anything, but were taking care of all of the street.
(6) Authorization for the City Manager to enter into Contract with RGP for the
Preparation of an Environmental Impact Report for the Lake Elsinore
Business Park Project (Industrial Design Review No. 2005-04)
~I Recommendation: Authorize the City Manager to enter into a contract with
RGP for an amount estimated at $80,000.
Councilmember Bhutta asked if the applicant was present (they were not)
and questioned if they had done other work in Lake Elsinore. City
Manager Brady stated they had not.
Mayor Magee stated he is pleased to have the improvements made at the
Business Park.
(7) Professional Services Agreement - Clean Harbors Environmental
Services Inc.
Recommendation: Authorize the City Manager to enter into a contract with
Clean Harbors Environmental Services, Inc.
Mayor Pro Tern Melendez asked if this was hazardous waste and if we
could do this work ourselves rather than to contract out. Mr. Seumalo
responded no, training would have to be provided.
Councilmember Bhutta questioned if the cost is based upon historical
data. Mr. Seumalo stated there is not a set cost monthly, it is dependent
upon what is found within the City that people dump.
Lake Elsinore City Council Agenda
Joint Study Session for Agenda Review
Meeting of May 26 , 2009
Page 4 of 11
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Mayor Magee noted sometimes there are 55 gallon drums full of anything,
sometimes tires, it is a hit and miss. He stated unfortunately, we have no
control of the expense; the County is shifting these costs to the cities
where the waste and debris is found.
(8) Agreement between the City of Lake Elsinore and Riverside County Flood
Control and Water Conservation District for Construction and Maintenance
of Sedco Line-E
Recommendation: Authorize the Mayor to execute the agreement with
Riverside County Flood Control and Water Conservation District
identifying RCFCWCD as having ownership and maintenance
responsibility of the facility.
f Mayor Magee asked about Page 3 of the Exhibit and the future of
SEDCO. The Mayor noted the Exhibit clarifies the location. Public Works
Director / City Engineer Seumalo stated the Exhibit came from the County
with the Agreement and noted this item was a clean-up item, the channel
is already built. Mr. Seumalo noted he would check with the County Flood
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j Control.
I (9) Purchase Prefabricated Restroom - Machado Park
Recommendation:
(1) Authorize the Parks and Recreation Department to "Piggy-Back" on
the California Multiple Award Schedule (CMAS) Contract
4-06-56-0019A to purchase a prefabricated restroom for Machado
Park from CXT Precast Products Inc.
(2) Authorize the City Manager to process a purchase order to CXT
Precast Products Inc. in the amount of $96,388.75.
Mayor Magee stated he was impressed with this item, the product looked
good and it was 80% less. He congratulated Mr. Gonzales for a job well
done.
(10) Energy Efficient Lighting Installation - City Facilities
Recommendation:
Lake Elsinore City Council Agenda
Joint Study Session for A enda Review
Meeting of May 26 , 2009
Page 5 of 11
(1) Authorize the City Manager to process a Purchase Order in the
amount of $52,587.00 for the purchase of energy efficient lighting
from NovaTech Energy Services Group, Inc.
(2) Authorize the City Manager to bypass the bid process in
accordance to the City's purchase procedures for purchases
greater than fifteen thousand dollars.
Councilmember Bhutta thanked staff for saving money and questioned if
staff had looked at other companies. Parks and Recreation Director
Gonzales responded stating he had, and found this company to be
significantly less, (80%).
Mayor Pro Tem Melendez confirmed with Mr. Gonzales he had received
only 2 responses, but he stated he received detailed information, including
a tape. The Mayor Pro Tern stated it would be great to receive a rebate
from Southern California Edison and asked how long the project would
take. Mr. Gonzales responded the project would take approximately a six
week duration.
PUBLIC HEARING(S)
(11) Disposition and Development Agreement with Pottery Court Housing
Associates, L.P. and Acceptance of 33433 Summary Report
Recommendation: Approve Resolution No. 2009-, Resolution of the
City Council of the City of Lake Elsinore, California, Approving the Sale of
Real Property by the Redevelopment Agency of the City of Lake Elsinore
Pursuant to that Certain Disposition and Development Agreement by and
between the Redevelopment Agency of the City of Lake Elsinore and
Pottery Court Housing Associates, L.P.
Mayor Magee noted he will defer this item to the Joint Public Hearing to be
held with the Redevelopment Agency.
APPEAL(S)
None.
BUSINESS ITEM(S)
F1 (12) Amendment To CALPERS Contract NO COMMENTS OR QUESTIONS
RECOMMENDATION:
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Lake Elsinore City Council Agenda
Joint Study Session for Agenda Review
Meeting of May 26 , 2009
Page 6 of 11
(1) Adopt Resolution No. 2009- declaring its intention to
approve an amendment to the contract between the board of
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administration of the California Public Employee's
Retirement System (CALPERS) and the City of Lake
Elsinore regarding the change in benefits of the proposed
contract.
i (2) Approve the Board of Administration of the California Public
Employee's Retirement System (CALPERS) documents:
• Certification of Compliance with Government Code
Section 7507
i • Certification of Governing Body's Action
• Certification of Compliance with Government Code
j Section 20903
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(13) Agency Acquisition of City Real Property for Pottery Court Affordable
Housing Project
Recommendation:
i (1) Approve Resolution No. 2009- Resolution of the City Council of
the City of Lake Elsinore, California, Approving the Sale of Certain
Real Property to the Redevelopment Agency of the City of Lake
Elsinore.
(2) Authorize the Mayor to execute the final form of the Grant Deed on
behalf of the City of Lake Elsinore.
(3) Authorize the City Manager to execute any other ancillary
documents necessary to effectuate the transfer of the City-owned
Real Property to the Agency.
Mayor Magee questioned the City Attorney if he should defer this item
until the Redevelopment Agency is in session, to which City Attorney
Mann responded no, it was not necessary.
(14) Resolution Declaring Severe Fiscal Hardship
NO COMMENTS OR QUESTIONS
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4 Recommendation: Adopt the attached resolution finding a severe fiscal
hardship will exist if additional local property tax funds are seized and
additional unfunded mandates are adopted by the state of California.
i (15) Support of SmartTown Loyalty Purchasing Program
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Lake Elsinore City Council Agenda
Joint Study Session for Agenda Review
Meeting of May 26 , 2009
Page 7 of 11
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Recommendation: Support the establishment of a SmartTown Loyalty
purchasing program in Lake Elsinore with support and participation from
the Lake Elsinore Valley Chamber of Commerce.
Mayor Magee informed Councilmember Bhutta when this item was up he
i would turn the presentation over to her.
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Councilmember Bhutta stated Alliance Corporation, Inc. had a 10 to 15
minute presentation to give regarding the program.
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Councilmember Hickman questioned if it would cost any money to
purchase the SmartCard.
I Councilmember Bhutta responded no, however they are still trying to find
a sponsor to cover the start up expense of producing the cards.
(16) Second Reading - Ordinance of the City Council of the City of Lake
Elsinore changing the Zoning Designation of Assessor Parcel Numbers
389-030-014. 015. 016, 017 and 018 from R-1 Single Family Residential
to C-1 Neighborhood Commercial District under the Zoning Ordinance
j NO COMMENTS OR QUESTIONS
i Recommendation:
Waive further reading and adopt the attached Ordinance Entitled:
Ordinance of the City Council of the City of Lake Elsinore Approving Zone
Change No. 2008-02 Changing the Zoning Designation of Assessor
Parcel Numbers 389-030-014, 015, 016, 017 and 018 from R-1 Single
Family Residential to C-1 Neighborhood Commercial District Under the
Zoning Ordinance.
REDEVELOPMENT AGENCY
CONSENT CALENDAR
(2) Approval of Redevelopment Agency Minutes
NO COMMENTS OR QUESTIONS
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Lake Elsinore City Council Agenda
Joint Study Session for Agenda Review
Meeting of May 26 , 2009
Page 8 of 11
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Recommendation: Approve the following minute(s):
(a) Regular meeting of the Redevelopment Agency - April 28, 2009
(3) Warrant List Dated May 14, 2009
NO COMMENTS OR QUESTIONS
Recommendation: Authorize payment of Warrant List dated
May 14, 2009.
(4) Investment Report - April 2009
j NO COMMENTS OR QUESTIONS
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Recommendation: Receive and file.
PUBLIC HEARING(S)
(5) Disposition and Development Agreement with Pottery Court Housing
Associates. L.P. and Acceptance of 33433 Summary Report
I I Recommendation: Approve Resolution No. 2009-, Resolution of the
Redevelopment Agency of the City of Lake Elsinore Approving that
Certain Disposition and Development Agreement by and between the
Redevelopment Agency of the City of Lake Elsinore and Pottery Court
Housing Associates, L.P.
Redevelopment Manager McCarty gave a detailed presentation of the
! Pottery Court project including the plans, property, and financing. He
stated in 2008 the Agency Board selected BRIDGE Housing Corporation
(BRIDGE) as an affordable housing partner. He gave a brief history of the
project stating now the Pottery Court is an affordable housing site of 4.3
acres. Originally it was anticipated 88 units could be built, but with the
acquisition of additional land the project can now offer 111 units. Manager
McCarty further stated the current estimate is $3,275,642.57 and the
Agency will provide "seller financing" for the Purchase Price and provide
funds for predevelopment and project costs. Total Agency financing is
$4,061,000. He went on to state in 2008 the Agency committed up to
$4,039,000 from available funds from the Agency's Low and Moderate
Income Housing Funds with the intent to build 90 units. The Agency now
requires $22,000 additional authorization from funds in the Agency's Low
! r and Moderate Income Housing Fund.
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Lake Elsinore City Council Agenda
Joint Study Session for Agenda Review
Meeting of May 26 , 2009
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Page 9 of 11
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Councilmember Hickman questioned when the ground breaking would be.
Betsy Wilson form BRIDGE responded stating construction would start in
2010.
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BUSINESS ITEM(S)
(6) Agency Acquisition of City Real Property for Pottery Court Affordable
Housing Proiect
Recommendation:
j (1) Approve Resolution No. 2009- Resolution of the
Redevelopment Agency of the City of Lake Elsinore, California,
Approving the Acquisition of Certain Real Property from the City of
Lake Elsinore, California.
(2) Authorize the Executive Director to execute the Certificate of
Acceptance any other ancillary documents necessary to effectuate
the transfer of the City-owned Real Property to the Agency.
~I Chairman Buckley stated the property is tax deferred property; the owner
went into bankruptcy and then passed away. Regarding the property on
the corner, Manager McCarty stated the address, which was on file is no
longer on file, and the land owner cannot be found. They may be able to
pick up additional property too.
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(7) Fiscal Year 2008-2009 Third Quarter Budget Report
NO COMMENTS OR QUESTIONS
Recommendation: Approve the revenue and expenditure budget
adjustments proposed for Third-Quarter Fiscal Year 2008-2009.
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CLOSED SESSION
City Attorney / Agency Council Mann gave an overview of each Closed Session
item for the City Council and for the Redevelopment Agency. The meeting was
then adjourned to Closed Session.
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Lake Elsinore City Council Agenda
Joint Study Session for A ends Review
Meeting of May 26 , 2009
Page 10 of 11
CITY COUNCIL
(1A) CONFERENCE INVOLVING A JOINT POWERS AGENCY
(SOUTHWEST COMMUNITIES FINANCING AUTHORITY)
(GOV'T CODE SECTION 54956.96)
Discussion will concern:
Conference with real property negotiator:
Property - APN 370-060-050 southeast of Corydon/west of Mission Trail
Agency negotiator - Dean Dairies
Negotiating parties - Animal Friends of the Valleys and Elsinore Valley
Municipal Water District
Under negotiation - Price/terms/Conditions of Payment
Name of local agency representative on Joint Powers Agency Board:
Councilman Thomas Buckley
(1 B) CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code Section
54957.6)
City negotiator: City Manager Robert Brady
Employee organization: Lake Elsinore Chapter of Laborer's International
Union of North America, Local 777
(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
REDEVELOPMENT AGENCY
(1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code
§54956.8)
Property: APN 374-072-028, 374-072-030, 374-072-032, 374-072-034,
374-072-036; 374-072-018, 374-072-020, 374-072-022; 374-071-003,
374-071-004, 374-071-005, 374-071-006, 374-071-007, 374-071-008,
374-071-009, 374-071-010, 374-071-011, 374-071-012, 374-071-013,
374-071-014, 374-071-027, 374-071-027; 374-072-026
Agency Negotiator: Executive Director Brady
Negotiating parties: Lake Elsinore Redevelopment Agency and Pottery
Court Housing Associates, LP
Under negotiation: Price and terms of payment
Lake Elsinore City Council Agenda
Joint Study Session for A enda Review
Meeting of May 26 , 2009
Page 11 of 11
ADJOURNMENT
The City Council and the Redevelopment Agency adjourned to Closed Session
meeting scheduled to be held at 5:00 p.m. The next scheduled Joint Study
Session is scheduled to be held on Tuesday, June 9, 2009, at 4:00 p.m. to be
held in the Cultural Center located at 183 N.. Main Street, Lake
Elsinore, CA 92530.
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Robert E. Magee M or
City of Lake Elsino , California
-homas B ey ~IWthairman
City of Lake pore, California
Attest:
Debora Thomsen, CIVIC, Redevelopment Agency Secretary;
City of Lake Elsinore, California
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