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CITY OF LAKE ELSINORE
! JOINT CITY COUNCIL / REDEVELOPMENT AGENCY
STUDY SESSION - AGENDA REVIEW
MINUTES
1 June 9th 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, June 9t', 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 Leibold, and Office
Specialist Porch6.
Staff members present included Acting Administrative Services Director Riley,
Public Works Director / City Engineer Seumalo, Acting Community Development
Director Weiner, Director of Lake and Aquatics Kilroy, Parks and Recreation
Director Gonzales, Police Chief Cleary, Fire Chief Hendershot, Information /
Communications Manager Dennis, and Building and Code Enforcement Manager
Chipman.
PRESENTATIONS / CEREMONIALS
Korn Memorial Scholarships - Elsinore High School, Temescal Canyon High
School and Lakeside High School
Update regarding the Lake Elsinore Unified School District; by Jose Carvajal
I Mayor Magee stated he received an outline of the Korn recipients and would call
on Information / Communications Manager Dennis to help him with the
r announcements and the presentations.
i
Lake Elsinore City Council Agenda
Joint Study Session for Aq~enda Review
Meeting of June 9` , 2009
Page 2 of 11
PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE
Tim Fleming spoke regarding Code Enforcement issues related to Graffiti's
Prevention Plan and processes. He complained about recent graffiti in his
neighborhood, and stated he would be attending the next Public Safety Advisory
Commission to lodge his complaint there also.
Councilmember Hickman questioned who he called and what response he
received. Mr. Fleming stated his problem is there is no particular person to
speak with.
Mayor Magee referred Mr. Fleming to speak with Police Chief Cleary and
informed him there was a Graffiti hotline number and information on the City's
Website.
Mayor Pro Tem Melendez questioned if Graffiti was referenced in the Lake
Elsinore Municipal Code, to which City Attorney Leibold responded it was.
I
C CONSENT CALENDAR
(All matters on the Consent Calendar are approved on one motion, unless a
Councilmember or any member of the public requests separate action on a
specific item)
(2) Approval of City Council Minutes - NO QUESTIONS OR COMMENTS
Recommendation: Approve the following minute(s):
(a) Joint Study Session City Council / Redevelopment Agency
April 14, 2009
(b) City Council Meeting Minutes
April 14, 2009, April 28, 2009
(3) Warrant List Dated May 28, 2009
Recommendation: Authorize payment of Warrant List dated
May 28, 2009.
Councilmember Hickman questioned the following items to which Acting
Administrative Services Director Riley and Consultant Dennis Anderson
~I responded:
Lake Elsinore City Council Agenda
Joint Study Session for Agenda Review
Meeting of June Venda
2009
Page 3 of 11
~I Warrant No. 99659 AmeriPride Service:
Mr. Riley stated AmeriPride was responsible for the Parks and Recreation
Department's uniform cleaning.
Warrant No. 99704 Express Dry Cleaners:
Mr. Riley stated Express Dry Cleaners is used by Code Enforcement.
j Warrant No. 99669 Burke, Williams & Sorenson:
Mr. Riley responded, stating Burke, Williams & Sorenson are the attorneys
used when dealing with Community Facilities District's. They are
responsible for handling and distributing the funds. Councilmember
Hickman questioned if the City received any money, to which Mr. Riley
responded the City does receive interest.
Councilmember Hickman then questioned if the City could refinance CFD
loans to lower interest rates of the CFD bonds. Consultant Dennis
Anderson stated possibly some of the older loans could be refinanced and
he would look into this matter.
Warrant No. 99735 Lake Chevrolet:
Councilmember Hickman questioned the charge regarding Lake
Chevrolet. Mr. Riley stated the charge was regarding the purchase of the
Hybrid Vehicles which would be funded from AQMD & NPDES Grant
money.
Warrant No. 99751 Ortiz Enterprise:
Councilmember Hickman questioned the charge. Mr. Riley stated this
was for the 1-15 and SR 74 project.
Warrant No. 99745 NBS Government Finance Group:
Councilmember Hickman questioned the charges for the Finance Group.
Mr. Riley responded Consultant Dennis Anderson was responsible for
handling the CFD's & LLMD's, and the NBS Group handles the 5
Assessment Districts.
Warrant No. 99665 BioTox. Laboratories:
Councilmember Bhutta questioned what the laboratory work was used for.
Mr. Riley, responded this was a Police Department expense for blood
testing for drugs.
Lake Elsinore City Council Agenda
Joint Study Session for Aq~enda Review
Meeting of June 9` , 2009
Page 4 of 11
(4) Claims Against the City. - NO QUESTIONS OR COMMENTS
Recommendation: Reject the claims listed above and direct the City
Clerk's Office to send a letter informing the claimants of the decision.
(5) California Department of Fish & Game Streambed Alteration Agreement
Recommendation: Approve the Agreement and authorize the City Manger
to execute the Agreement, subject to minor modifications as approved by
the City Attorney.
Mayor Pro Tem Melendez questioned the financing process.
Director Kilroy responded the insurance was to complete the Mitigation.
Councilmember Hickman questioned Options A, B and C. Director Kilroy
stated the 3 options proposed are all at the same location. The difference
between them is the depth and width.
Mayor Pro Tern Melendez questioned the cost and asked how long the
Qualified Biologist would be onsite. Director Kilroy stated there was no
cost of property since the property is owned by the City and could not give
a definite time since the priority was the grubbing the area and taking
down the vegetation. Director Kilroy responded the Biologists would be
used during the bird nesting season and during the time when grubbing
was done.
Councilmember Hickman questioned where the funding was coming from.
Director Kilroy responded initially a $3 million Grant was received from
Boating and Waterways. He further stated the City would go out to bid for
the engineering & environmental work. This portion of the project would
be financed, and there was always the possibility of future grant funds.
Mayor Magee asked if a Performance Bond or Construction Bond could
be chosen in lieu of a Certificate of Deposit, the Bonds would cost less.
Director Kilroy stated he would look into this aspect.
(6) Campground & Boat Launch Facility Status Report
Recommendation: Receive and file.
Mayor Pro Tern Melendez confirmed EVMWD had agreed to pay their fair
share capitol cost. Director Kilroy stated the entrance would be moved to
Lincoln Street to add deceleration of a lane off of SR 74 which requires a
lift-station of EVMWD to be moved.
Lake Elsinore City Council Agenda
Joint Study Session for Agenda Review
Meeting of June 9` , 2009
Page 5 of 11
Mayor Pro Tern Melendez questioned how our fair share is determined
and if there was a Letter of Intent. Director Kilroy stated our fair share is
60 percent, and he is not sure yet regarding a Letter of Intent.
i
Councilmember Hickman wanted to know where the financing is from.
Director Kilroy stated he is waiting to see what is available for spending.
Mayor Magee noted that Congressman Issa's office is helping out with the
financing.
(7) Amendment to add Water Districts to WRCOG Governing Board
NO QUESTIONS OR COMMENTS
Recommendation: Approve the Amendment to the Joint Powers
Agreement of WRCOG to add the Eastern Municipal Water District and
the Western Municipal Water District to the WRCOG.
(8) CALTRANS Cooperative Agreement for 1-15 / State Route 74 Interchange
NO QUESTIONS OR COMMENTS
Recommendation: Enter into a Cooperative Agreement with CALTRANS
for the Project Approval and Environmental Documentation (PAED) phase
of the 1-15 / SR 74 Interchange Improvement Project.
(9) Excel Contract Award
Recommendation: Approve the Second Amendment to the Services
Contract between the City and Excel Landscaping, Inc. to provide that:
a) Excel Landscape, Inc. will maintain all city streetscape identified in
Exhibit B to the proposed Second Amendment for a contract price
not to exceed $158,940.; and
b) The City Manager has the authority to grant up to two 1-year
extensions at the same $158,940. contract price based upon the
City Manager's determination that Excel has satisfactorily
performed the contract services during the prior year.
Mayor Magee stated Excel Landscaping is doing a great job, noting the
water turf they put in the medians are working great. He stated his
concern regarding the City's decision to kill the grass by not watering on
Grape Street.
Public Works Director / City Engineer Seumalo stated they were able to
stop the watering on Grape Street and stopped the program.
Lake Elsinore City Council Agenda
Joint Study Session for A~enda Review
Meeting of June 9` , 2009
Page 6 of 11
Mayor Pro Tem Melendez responded stating the turf has not been taken
out, and asked what is being replaced. She also questioned when Grape
Street would be completed. Director Seumalo stated drought tolerant
products are being added to the turf and Grape Street should be
completed within this month.
Councilmember Bhutta noted this was planned for Lincoln as well.
Director Seumalo noted he would get a schedule together for the Council.
Councilmember Hickman congratulated Director Seumalo for lowering the
cost.
PUBLIC HEARING(S)
None.
APPEAL(S)
I
None.
BUSINESS ITEM(S)
(10) Citywide Landscaping and Lighting Maintenance District (LLMD) and the
Landscaping and Street Lighting Maintenance District No. 1 for the Fiscal
Year 2009-10 - Approval of Engineer's Reports and Resolutions of
Intention
Recommendations:
1. Waive further reading and adopt a Resolution approving the
- Engineer's Report for the Citywide LLMD.
2. Waive further reading and adopt a Resolution declaring Council's
intention to provide for an Annual Levy and Collection of
Assessments in the Citywide LLMD and setting a public hearing for
July 14, 2009
3. Waive further reading and adopt a Resolution approving the
Engineer's Report for the LLMD No. 1
4. Waive further reading and adopt a Resolution declaring Council's
intention to provide for an Annual Levy and Collection of
r Assessments in the LLMD No. 1 and setting a Public Hearing for
f
July 14, 2009.
Lake Elsinore City Council Agenda
Joint Study Session for Agenda Review
Meeting of June 9` , 2009
Page 7 of 11
Mayor Magee asked City Manager Brady if there had been a discussion
with Southern California Edison regarding cost and if the City could
possibly reduce or fix their current fees on our common areas.
City Manager Brady responded one way to reduce current charges is to
use low effect light fixtures.
Councilmember Hickman verified with Consultant Anderson there was no
increase in the LLMD rates.
Mayor Magee stated this would be beneficial City-wide and recommended
the City be pro-active.
(11) City Council Policy with respect to event tickets (Form 802)
Recommendation:
a) Adopt Resolution No. 2009 , Resolution of the City Council of
the City of Lake Elsinore, California, regarding the Receipt and
Distribution Policy of Tickets and / or Passes in the Furtherance of
the City's Reasonably Defined Public Purposes; and
b) Direct the City Clerk with the assistance of the City Attorney and
City Manager to format the policy provisions contained in the
Resolution into a City Council Policy consistent with those set forth
in the City Council Policy Manual and to post the Policy on the
City's website and to take such other actions and as are required to
comply with applicable FPPC Regulations.
Councilmember Hickman requested clarification from Attorney Leibold. In
addition, the Council had multiple questions such as, if tickets received
have to be listed on the Form 700; if tickets previously received had been
given away, who they could be given to and how would this be reported;
when this change was made and by who; the Fair Political Practices
Commission's (FPPC) rules; and when will this go into effect.
Attorney Leibold responded the City needed to adopt a policy and post it
on the City's Website. She stated there were some restrictions regarding
who the tickets could be given to and noted the FPPC came out with
information February, 2009. Attorney Leibold stated she received
information from the FPPC, and she would work with the City Manager
and the City Clerk to put a written policy in place, however, the Resolution
stated the criteria and would be effective immediately.
Lake Elsinore City Council Agenda
Joint Study Session for Agenda Review
Meeting of June , 2009
Page 8 of 11
(12) Letter Agreement for Tracking Automated and Graffiti Resorting System
(TAGRS) Six Month Trail Demonstration
Recommendation: Approve and authorize the City Manager to execute a
letter agreement with Orange County Sheriff-Coroner Department for a six
month demonstration and customized configuration of TAGRS for use by
the City of Lake Elsinore and the Lake Elsinore Police Department
i (LEPD).
Information / Communications Manager Dennis introduced Orange County
Sheriff's Department personnel; Lieutenant James Rudy, Deputy David
Beeler, and TAGERS software creator Mr. Ramin Aminloo (from their
Information Technology Department). They spoke about the TAGRS
system gave a presentation demonstrating the system's effectiveness.
Mayor Magee requested they show the presentation at the Council
meeting at 7:00 p.m.
Councilmember Hickman requested they meet with Mr. Fleming who
j spoke earlier in the meeting.
~I (13) Draft Agreement with the United States Department of Agriculture Forest
Service to Base the Hawaii Mars Air Tanker on Lake Elsinore during the
fire season.
Recommendation: Approve Agreement in substantially the form attached
and authorize the City Manager to finalize and execute the Agreement
with the U.S. Department of Agriculture Forest Service to locate the
Coulson Hawaii Mars Air Tanker on Lake Elsinore during the fire season.
Mayor Magee requested California Fire Chief Hendershot to say a few
words at the Council Meeting.
Fire Chief Hendershot responded noting on Page 3 of the Agreement,
Section 4, states the Forest Service is responsible for the Operations on
Lake Elsinore, specifically Retired Fire Safety Specialist Norman
Davidson, who can be reached at 951-674-3124, Ext. 302.
Chief Hendershot requested a correction be made to the Agreement,
J Section 4.02, paragraph numbered ii, which refers to the type of activity,
the sentence starting with "least twenty four (24) hours in advance of
operating the aircraft the word "operating" should be changed to
fueling" and to remove Norman Davidson, as he has retired and all calls
should be referred to the Riverside County Fire Department.
Lake Elsinore City Council Agenda
Joint Study Session for Agenda Review
Meeting of June 9~ , 2009
Page 9 of 11
City Manager Brady noted the cost is $175. to pay for law enforcement,
which would cover fuel and the officers.
Mayor Pro Tern Melendez questioned if they had the latest copy of the
Agreement, to which City Manager Brady responded he will provide them
with an updated copy.
Mayor Magee questioned who will make contact with Skylark, to which
City Manager Brady responded radio would be the form of communication
if the Agreement is approved, then more of their equipment will be moved
here the next day.
The Mayor questioned the cost; City Manager Brady responded it was
$6,000. contingent upon how often they will land, which depends upon
the fire season.
Chief Hendershot reminded the Council the contract is with the United
States Forest Service, not California Fire.
REDEVELOPMENT AGENCY
Vice Chair Bhutta conducted the Redevelopment Agency portion of the meeting
in the absence of Chairman Buckley.
CONSENT CALENDAR
(2) Approval of Redevelopment Agency Minutes
NO QUESTIONS OR COMMENTS
Recommendation: Approve the following minute(s):
(a) Regular meeting of the Redevelopment Agency - April 14, 2009
Lake Elsinore City Council Agenda
Joint Study Session for Aq~enda Review
Meeting of June 9. , 2009
Page 10 of 11
(3) Warrant List Dated May 28. 2009
Recommendation: Authorize payment of Warrant List dated
May 28, 2009.
Mayor Pro Tern Melendez questioned the following items to which Acting
Administrative Services Director Riley and Agency Counsel Leibold
responded:
Warrant No. 6048 and 6670 Burke, Williams & Sorenson:
Mr. Riley stated this was the same company used for the same purpose
as with the City Council; stating Burke, Williams & Sorenson are the
attorneys used when dealing with Community Facilities District's. They
are responsible for handling and distributing the funds. He further stated
the $11,000. charge is for the month of April and the $32,000. is for the
months of February and March. He further clarified they were issued hand
checks.
Warrant No. 6674 Keyser Marston Associates:
Agency Counsel Leibold stated Keyser Marston's work is related to the
Redevelopment Agency's Plan Amendments. In addition, they were the
financial Consultant who evaluated the Bridge Housing Performa.
PUBLIC HEARING(S)
None.
BUSINESS ITEM(S)
None.
CLOSED SESSION
City Attorney / Agency Council Mann gave an overview of each Closed Session
item for the City Council and for the Redevelopment Agency. She further stated
regarding the City Council Closed Session Item 1 B, the Agenda states there are
2 potential Anticipated Litigation cases; however, only one will be discussed
tonight. The meeting was then adjourned to the Closed Session meeting.
Lake Elsinore City Council Agenda
Joint Study Session for Aq~enda Review
Meeting of June 9t , 2009
Page 11 of 11
I
CITY COUNCIL CLOSED SESSION
(1A) 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
(1 B) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Gov't Code
Section 54956.9: 2 potential cases
REDEVELOPMENT AGENCY CLOSED SESSION
1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov't Code 54956.8)
Property: APN 375-023-058
Agency Negotiator: Executive Director Brady
Negotiating parties: Lake Elsinore Redevelopment Agency and
US Bank / JP Morgan Mortgage Trust # 2006-A2
Under negotiation: Price and terms of payment
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 23rd, 2009, at 4:00 p.m. to be
held in the Cultural Center located at 183 N. Main Street, Lake
7 Els' C 30.
r
Robert E. Mage , Mayor Tpauckley, RDA Chair
City of Lake s nore, California CElsinore, California
Attest:
Dana Porch6, Office Specialist
City of Lake Elsinore, California