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HomeMy WebLinkAbout07-28-2009 SS Page 1 of 9 CITY OF LAKE ELSINORE JOINT CITY COUNCIL / REDEVELOPMENT AGENCY STUDY SESSION - AGENDA REVIEW MINUTES July 281h, 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, July 28th, 2009 in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Councilmember Bhutta, Councilmember Hickman. ABSENT: Councilmember Buckley, Mayor Pro Tem Melendez. Also present: City Manager Brady, City Attorney Leibold, 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, Information / Communications Manager Dennis, and Building and Code Enforcement Manager Chipman. PRESENTATIONS / CEREMONIALS Chamber of Commerce Quarterly Update: Mayor Magee noted the Chamber update had been rescheduled. Lake Elsinore Grand Prix - Storm Stadium: Mayor Magee stated the Storm presentation was going to be interactive, therefore he would move this presentation to be last. He noted he had been discussing with Storm management and Public Works Director / City Engineer Seumalo regarding possible sponsorship of the event. He stated this would also require City staff involvement. Mayor Magee stated the route was being discussed and potentially revised to include historic areas. He noted it was Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of July 28, 2009 Page 2 of 9 I important to receive an estimate regarding Public Safety before the event is finalized. Public Recognition of Code Enforcement, Fire and Police Department personnel: Mayor Magee noted he would move this to the first presentation. The Mayor and the City Clerk discussed who was attending for each item. PUBLIC COMMENTS - NOWAGENDIZED ITEMS -1 MINUTE None. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR (2) Approval of City Council Minutes NO COMMENTS / QUESTIONS Recommendation: Approve the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency June 9, 2009 (b) Regular City Council Meeting Minutes June 9, 2009 (3) Warrant List Dated July 15, 2009 Recommendation: Authorize payment of Warrant List dated July 15, 2009. Councilmember Hickman questioned the following item: Warrant No. 100154 BMLA Parks and Recreation Director Gonzales responded the company was Baxter Miller Landscape Architects who is the Consultant regarding the Riverwalk project. (4) Investment Report Dated June 30. 2009 NO COMMENTS / QUESTIONS Recommendation: Receive and File. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of July 28, 2009 Page 3 of 9 (5) Dexter Avenue Improvements Construction Notice of Completion Recommendation: 1) City Council approve Change Order No. 1 for $65,031.35 for Hillcrest Contracting. 2) Authorize the City Manager to execute Change Order No. 1 with Hillcrest Contracting. 3) City Council requests the Mayor to sign the Notice of Completion and have the City Clerk file the Notice of Completion with the county Recorder. Councilmember Hickman stated the road doesn't go all the way to State Route (SR) 74, and questioned if this is what the additional $5,000. was for. Mayor Magee responded stating no, the money is for the additions, such as the Street extension, the added stop sign & curbing. He praised City staff for the end product and their attention to detail and made it all match. Director Seumalo stated the additional curbing across the street from the Burger Basket was brought to the attention of the City by the owner of Douglas Burgers who requested the changes. Director Seumalo noted with the extras added; the asphalt, curbs, and signage all match. Director Seumalo gave credit to employees Peter Ramey and Dave Solomon in addition to the contractor. He thanked the Council for recognizing the addition of these items made a professional improvement to the quality of the work product. Councilmember Bhutta questioned if the City had used Edmonson prior to which Director Seumalo responded no. He stated the additions were able to be included in the existing budget. Director Seumalo responded, stating the project was still completed under budget. (6) Resolution Confirming Fiscal Year 2009-2010 Special Taxes for: CFD 88-3 West Lake Elsinore Public Improvements 3 Phases CFD 95-1 Lake Elsinore City Center Public Improvements CFD 98-1 Summerhill Public Improvements CFD 2003-1 Law Enforcement, Fire and Paramedic Services CFD 2003-2 Canyon Hills _ CFD 2004-3 Rosetta Canyon CFD 2005-1 Serenity ` CFD 2005-2 Alberhill Ranch CFD 2005-5 Villages at Wasson Canyon Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of July 28, 2009 I Page 4 of 9 CFD 2005-6 City Center Townhomes CFD 2006-1 Summerly CFD 2006-2 Viscaya CFD 2006-5 Parks, Open Space and Storm Drain Maintenance CFD 2007-6 Holiday Inn Express Recommendation: Adopt a Resolution requesting the Tax Collector of the County of Riverside to place special taxes on the bills of certain properties within the CFD. Councilmember Hickman asked multiple questions, to which Consultant Dennis Anderson responded. He questioned if all of the Districts were being raised the same amount of 3.4 percent. He questioned why Tuscany Hills is the only District under the RDA? He wanted to know if the City were chasing the delinquencies, noting why those who have already paid their taxes must pay more to cover the ones who did not? He asked when will those who pay, get their money back. He verified Tuscany Hills currently has 201 foreclosures. Consultant Dennis Anderson stated 3.4 percent is just for that particular District, 88-3. The other Districts are a different amount, a higher amount. Mr. Anderson stated the Tuscany Hills CFD was established in 1990, therefore he did not have the knowledge to answer this question. Mr. Anderson stated they are aggressively chasing delinquencies, yet they are keeping the rates higher to stay on top of the delinquent amounts. He noted once the money is returned it goes back to the CFD. Mr. Anderson noted there are times when the mortgage lender is paying the CFD delinquent rate. Mr. Anderson confirmed there were 201 foreclosures in his District. Councilmember Bhutta questioned if this was an annual event, and if he foresees the same scenario for next year. Mr. Anderson stated it was too difficult to predict. Councilmember Bhutta asked if other cities and counties were experiencing the same situations. Mr. Anderson stated other cities were in double digit rate increases, such as the City of Perris, which currently is looking at a 25 percent CFD rate. She then questioned how long it generally takes to recover the funds once payment is made. Mr. Anderson once paid we see the funds quickly, possibly within several weeks. He noted it is not delinquent taxes the homeowners cannot pay; it is their mortgage. n Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of July 28, 2009 Page 5 of 9 (7) Resolution to Approve Placing Delinquent Refuse Bills on Fiscal Year 2008-2009 Tax Roll Recommendation: Staff recommends that the City Council approve Resolution No. and instruct the City Clerk to file with the Riverside County Auditor a Certified Copy of Resolution No. along with the 120-days past due accounts report. Councilmember Hickman noted this indicates how many people are not paying their bills. (8) Consideration of Objections and Confirmation for the Placement of Delinquent Charges on Property Tax Bills NO COMMENTS / QUESTIONS Recommendation: It is recommended that the City Council adopt Resolution No. 2009-_ for Weed Abatement Cost Recovery and direct staff to place special assessments against the properties listed in the itemized report on file with the City Clerk's office. i I ! PUBLIC HEARING(S) (9) Zoning Ordinance Text Amendment No. 2008-04: A request to repeal Chapter 19.08 and add a new Chapter 19.08 in order to adopt the State of California's Model Water Efficient Landscaping Ordinance WILL BE CONTINUED TO A DATE UNCERTAIN Recommendation: Staff requests the City Council also continue Zoning Ordinance Text Amendment No. 2008-04 to a date to be determined to allow the Department of Water Resources (DWR) sufficient time to find the proposed Ordinance is consistent with the California Model Water Efficient Landscape Ordinance. APPEAL(S) None. III Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of July 28, 2009 Page 6 of 9 BUSINESS ITEM(S) (10) Request to Grant an Exception to Serve Alcohol at MCVicker Park for Music with a View Concerts NO COMMENTS / QUESTIONS Recommendation: Approve request to grant an exception to serve alcohol at the Music with a View Concert Series. (11) A Resolution of Support for Assembly Constitutional Amendment (ACA) 8 Jeffries Recommendation: It is recommended that the City Council adopt a Resolution supporting ACA 8. Mayor Magee gave an overview of the Amendment to the Constitution to hold State government accountable to the provisions of the Brown Act which is implemented upon other government agencies. He stated this is the second time Assemblyman Jeffries has attempted to get this bill heard by the Assembly. To date, he has not had much success; the Speaker will not grant him a hearing to discuss this. Mayor Magee turned the Redevelopment Agency Study Session to Vice Chair Bhutta. REDEVELOPMENT AGENCY PUBLIC COMMENTS - NOWAGENDIZED ITEMS -1 MINUTE None. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes r NO COMMENTS / QUESTIONS Recommendation: Approve the following minute(s): Regular meeting of the Redevelopment Agency - June 9, 2009 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of July 28, 2009 _ Page 7 of 9 (3) Warrant List Dated July 15. 2009 NO COMMENTS / QUESTIONS Recommendation: Authorize payment of Warrant List dated July 15, 2009. (4) Investment Report Dated June 30.2009 NO COMMENTS/ QUESTIONS Recommendation: Receive and File. (5) Resolution Confirming Fiscal Year 2009-2010 Special Taxes for CFD 90-2 (Tuscany Hills Public Improvements) Recommendation: Adopt a Resolution requesting the Tax Collector of the County of Riverside to place special taxes on the bills of certain properties for CFD 90-2. Agency Member Hickman had multiple questions. He asked if only 2.9 percent were approved instead of the 10 percent requested; if the bills would be able to be paid. He questioned what alternate figure would j suffice. He requested the delinquency rate since homes were selling and ' asked what would happen if the item did not pass; the interest rate of the bonds; and the amount of the reserves. Dennis Anderson responded last year there was a 13 percent annual delinquency rate. He noted if this does not pass, then funds will have to be taken from the reserves. Mr. Anderson stated there are 201 homes that haven't paid their bills. Mr. Anderson stated if not passed, the bond holders have the right to call the bonds in. He noted the interest rate was at 5 to 7 percent, the reserves were at $1.5 million. He noted if the reserves were touched, then they were required to repay the amount within one year, which would mean the homeowners would be paying double, once to repay the bonds, and once to pay the increased taxes to cover all of the costs. Executive Director Brady requested clarity, stating last year the rate was increased to 10 percent, and now, the new rate requested is an additional 2.9 percent. The 10 percent from last year needs to be maintained; therefore it will remain as last year. This year (now) the increase requested is 2.9 percent, not a total of an additional 12.9 percent. Agency Member Hickman verified the clarification stating he could approve a 2.9 percent increase (not 12.9 percent). Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of July 28, 2009 Page 8 of 9 PUBLIC HEARING(S) None. III BUSINESS ITEM(S) None. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES None. CLOSED SESSION City Attorney Leibold announced the scheduled Closed Session item identified on the City Council Agenda is postponed. l 11 Agency Counsel Leibold stated she would like to request the Redevelopment Agency add an additional Closed Item not identified on the Agenda related to California State budget signed today, July 28, 2009 by the Governor and the anticipated impact this would have on the Redevelopment Agency. She further stated this would be discussion regarding the same justification as the existing item, Anticipated Litigation, and a vote would be required for approval. MOTION was made by Vice Chair Bhutta, second by Agency member Magee to add an additional Closed Session item regarding Anticipated Litigation regarding the approved FY 2009-2010 California State Budget. AYES: Bhutta, Hickman, Magee. NOES: None. ABSENT: Buckley, Melendez. CITY COUNCIL CLOSED SESSION (1) CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION POSTPONED Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 case Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of July 28, 2009 Page 9 of 9 I F AGENDIZED REDEVELOPMENT AGENCY CLOSED SESSION (1) CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 case NON-AGENDIZED REDEVELOPMENT AGENCY CLOSED SESSION (1) CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 case Fli ADJOURNMENT The City Council was adjourned to the public portion of the regularly scheduled meeting to be held at 7:00 p.m. The Redevelopment Agency was adjourned to the Closed Session meeting scheduled to be held at 5:00 p.m. ZrtE. Laiggee., Mayo"r Tho as Buckley, Chairhtan City of Lake ElsinoreMlifornia City of Lake Elsinor~California Attest: , Debora Thomsen, CIVIC ' _ - City Clerk City of Lake Elsinore, California f II V