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HomeMy WebLinkAbout09-08-09 CC Item 02CITY OF _ LADE ri,LSI110 DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: SEPTEMBER 8, 2009 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council minutes are submitted for approval: (a) Joint Study Session City Council / Redevelopment Agency August 25, 2009 (b) Regular City Council Meeting Minutes August 25, 2009 Recommendation Approve the Minutes as submitted. Prepared by: Debora Thomsen City Clerk Approved by: Robert A. Brady Executive Director CC September 8, 2009 Item No. 2 Page 1 of 29 Page 1 of 14 CITY OF LAKE ELSINORE JOINT CITY COUNCIL / REDEVELOPMENT AGENCY STUDY SESSION - AGENDA REVIEW MINUTES August 25th, 2009 (not official until approved) 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, August 11th, 2009 in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tern Melendez Councilmember Bhutta (4:02), Councilmember Hickman. ABSENT: Councilmember Buckley. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Building and Safety Manager Chipman. PRESENTATIONS / CEREMONIALS Relay for Life Chamber of Commerce Quarterly Update The Mayor confirmed with the City Clerk Mr. Warren Stephenson would be representing the Relay for Life Charity Event and Mr. Mike Norkin, Chairman of the Lake Elsinore Valley Chamber of Commerce would be presenting the Quarterly update. CC September 8, 2009 Item No. 2 Page 2 of 29 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 2 of 14 PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE None. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approve the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency August 11, 2009 (b) Regular City Council Meeting Minutes August 11, 2009 Mayor Magee requested further information from his comment related to the Appeal regarding the Structure Abatement Action on 523 West Minthorn Street be reflected in the Joint Study Session minutes, Page 7 of 26, Paragraph 2. City Clerk Thomsen noted the correction would be made. (3) Warrant List Dated August 13, 2009 Recommendation: Authorize payment of Warrant List dated August 13, 2009. Mayor Pro Tern Melendez questioned the following items: Warrant No. 100455 Adventures in Advertising City Manager Brady noted these were expenses from the Mayor's State of the City. CC September 8, 2009 Item No. 2 Page 3 of 29 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 3 of 14 Warrant No. 100567 SOM Entertainment Parks and Recreation Director Gonzales noted this charge was for the purchase of trees for the first "Concert in the Park" series for performer Steve Oliver. Warrant No. 100595 Z Best /Body & Paint Shops, Inc. Mayor Pro Tem Melendez questioned if there was a vehicle in the shop related to the large expense. Public Works Director / City Engineer Seumalo stated the charge was regarding the refurbishing, repainting and new logo's placed on a 1994 dump truck which was still mechanically sound and now looked like new. Mayor Pro Tern questioned which fund the money was paid from, to which City Manager Brady stated there was a maintenance budget which covered this expense. Councilmember Bhutta was concerned someone was injured and had to go to Urgent Care: Warrant No. 100510 Inland Urgent Care Wildomar City Manager Brady noted the charge was for an employee physical. Councilmember Hickman questioned the following items: Warrant No. 100515 Interstate Battery of So. California Director Seumalo stated the charge was for 8 signal maintenance backup batteries. Warrant No. 100579 Target Specialty Products Director Seumalo noted some vehicles were purchased at auction to save the City money, and one needed a head-liner. Warrant No. 100580 Team AutoAid, Inc. City Manager Brady noted this was for lake operations, a 60 horsepower boat motor. Discussion was held regarding the use of the lake boats having both inboard and outboard motors. (4) Investment Report -July, 2009 NO COMMENTS /QUESTIONS Recommendation: Receive and file. (5) Claim Against the City NO COMMENTS / QUESTIONS CC September 8, 2009 Item No. 2 Page 4 of 29 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 4 of 14 Recommendation: Reject the claim listed and direct the City Clerk's office to send a letter informing the claimants of the decision. . (6) Professional Landscape Plan Check and Inspection Services - David Evans and Associates Recommendation: Authorize the City Manager to enter into a Contract, in a form approved by the City Attorney, with David Evans and Associates, Inc. to provide landscape plan check and inspection services to the City of Lake Elsinore for Fiscal Year 2009 - 2010. Councilmember Hickman questioned why we hire a company to oversee and inspect landscape services, since the developers and architectures know the rules and regulations and what is expected of them. He noted the fees were too high and there are too many different fees. Director Seumalo responded stating for all aspect of projects, there is generally an inspector in each field of expertise. City Manager Brady stated the developer is aware they are responsible and must submit landscape plans for installing the sprinklers and plants; however, the landscape plan checker knows what are are the proper amounts, number and size and they inspect the final product. Discussion was held if we did not have the proper professionals checking on the work done, they eventually there would be people who would try to do less. Once it was discovered, it would be after the fact, and then it would cost more in the long run to correct the problems. Mayor Magee questioned if the City had this type of expertise in-house to which Director Seumalo responded the City did not. City Manager Brady noted the City has taken direction from the Council to verify the landscape is done properly. The turn around time was discussed for the landscape check. City Manager Brady noted generally there was a 10 day to 2 week turn-around for all plan checks. Mayor Magee stated the builder can adjust their fees accordingly either up or down depending upon the product they deliver. If no corrections are needed, then their amount is lower. Mayor Magee noted if any mistakes are made by the City, then the City pays for the mistake. Mayor Pro Tern Melendez questioned if the fees for David Evans and Associates are competitive with other in the field. CC September 8, 2009 Item No. 2 Page 5 of 29 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 5 of 14 Acting Community Development Director Weiner stated the City previously was using a different company and he felt a change was needed. A Request for Proposal (RFP) was done, noting prices were submitted which were higher and lower, however David Evans was in he middle of all, yet their qualifications and reputation was commendable. They perform work for both government (other municipalities) and private industry. Mayor Pro Tem Melendez questioned if Mr. Weiner had verified the referral from other cities, to which Mr. Weiner responded he had not, however, he checked the referrals from other Agencies. He noted with the previous Landscape Plan Check Company the City used, there were some problems. Since the City has used David Evans for the past two years, they have not had any problems. City Manager Brady confirmed the product received now far surpassed the previous company used. Mayor Magee noted they had worked with KB homes and was concerned if they did the work in the flood control channel which needed to be landscaped, noting work previously scheduled still needed to be done. Mr. Weiner noted he had checked their KB reference, and they worked with them in Orange County and Fontana, but not in the Lake Elsinore area. Director Seumalo responded the Misquote Vector Control requested the flood control channel be landscaped. Director Seumalo stated he would contact Flood Control to verify it was their responsibility to oversee the planting of the channel and not the City's. Mayor Magee noted he had not received any complaints from either developers or builders regarding the work David Evans & Associates had done, which was a good sign. (7) Recommendation: Authorize staff to advertise for bids for the Machado Park Landscape Improvements and Preparation for the New Restroom. Mayor Magee questioned if the project would be completed before Thanksgiving. Director Gonzales stated most of the work would be completed by late October, early November, however, by the time the grass had grown and the fences were placed it would be around Thanksgiving time. CC September 8, 2009 Item No. 2 Page 6 of 29 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 6 of 14 (8) Sidewalk Construction - Various Locations Notice to Invite Bids NO COMMENTS / QUESTIONS Recommendation: Direct staff to advertise the Sidewalk Construction Project. Mayor Magee thanked Director Seumalo and Engineer David Solomon for continuing to go after Grand funds and for their hard work. Director Seumalo stated Mr. Solomon deserved the compliment. (9) Construction of Interchange Improvements at Interstate 1-15 and Central Avenue (SR-74) - Approval of Construction Contract Contingency Funds Recommendation: 1. Approve the use of the Project Contingency amount of $450,000 for Construction Project Change Orders for Construction of Interchange Improvements at Interstate 1-15 and Central Avenue (SR-74). 2. Authorize the City Manager to approve current Change Orders in the sum of $187,133 to be paid out of the Contingency amount. Mayor Magee confirmed Caltrans had contracted Change Orders when the City denied approval of Change Orders. The Mayor noted however, seeing City approval for a Change Order amount in the range of $14,000 to $15,000 to which Director Seumalo confirmed. Director Seumalo went on to state the original contract days and dollar amount had been exceeded, however, the changes requested by the City were beneficial to the public and the product was far superior than originally planned. Director Seumalo stated the changes were corrections which were not know originally such as the needed storm drain reconstructions, irrigation systems and the retaining walls installed at both Arco and Chevron. Director Seumalo stated the additional work would not exceed the contingency amount, but all of the additional work was an improvement to the complete product. Councilmember Bhutta stated they had missed their deadline for financial incentive. Director Seumalo noted they had met the deadline for some of the incentives, but not all. CC September 8, 2009 Item No. 2 Page 7 of 29 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 7 of 14 (10) Agreement to reimburse TUMF Funds for Engineering and Planning Costs of Temescal Canyon Road Bridge replacement Recommendation: Authorize the Mayor to sign an Agreement on behalf of the City to receive TUMF reimbursement. Councilmember Hickman questioned if the City would be widening the bridge to 4 lanes once the road improvement were completed. Director Seumalo stated most likely this would be done in concurrence with the development. Councilmember Bhutta asked how long it takes to receive reimbursement from TUMF to which Director Seumalo responded it is a 30 day turnaround. Mayor Magee stated there were environmental work which needed to be completed, right-of-way property determinations, and negotiations with Castle & Cooke. He suggested perhaps the City could reach an agreement now regarding future work which would be of benefit to both parties; dealing with one property owner is an advantage. The cost was discussed, estimating to be between $2 to $4 million. Director Seumalo noted if the $4 million mark was reached, it would be over the proposed budget. Councilmember Hickman questioned if the road would need to be closed to the public to which Director Seumalo responded it would depend upon how the work was approached. He stated he understood the direction from the Council is to always have some lanes remaining open, but at this point there was no way to give a definite answer. (11) A Letter of Support for the Loma Linda University Medical Center in the City of Murrieta NO COMMENTS / QUESTIONS Recommendation: It is recommended the City Council authorize the Mayor to send letters of support to our Senators and Representative in Washington D.C. (12) Lake Elsinore San Jacinto Water Authority (LESJWA) Work Order and Sole Source Purchase for Floating Islands Habitat Recommendation: CC September 8, 2009 Item No. 2 Page 8 of 29 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 8 of 14 1. Approve LESJWA Work Order in the amount of $25,000 and authorize the City Manager to execute the document. 2. Approve the Exception to Bid Procedures per Lake Elsinore Municipal Code Section 3.08.070B for the sole source purchase of Floating Islands and other services in an amount not to exceed $25,000. Councilmember Hickman questioned the type of material the island was constructed from, the placement of the island, the environment and the type of plants which would be on the island. He also questioned if the public could access the island and actually get onto it, and if so, if there were enough weight, could the island be submerged. He also questioned if the roots could actually grow down into the bottom of the lake and behave similar to sea-weed. Lake and Aquatics Director Kilroy responded the island was a floating sponge, and could be sunk. He noted it was made with sponge material, was held together with tape, native vegetation planted on the island which was free floating. He also stated the island was a donation, for us to determine if it would be beneficial to provide feeder areas and assist with the oxygen levels. He noted it was difficult for plants to take hold onto the bottom for growth, especially without sunlight. Mayor Pro Tem stated this same item was on the LEJWA Agenda last week and wanted to know if we were anticipating any possible problems. Mayor Pro Tem questioned if the island would require maintenance and if they would stand out and cause attention from the public. Director Kilroy stated this would be his first experience with an island, and therefore had not determined problems. He stated he would prefer to use local plants, and may transplant and purchase some. Director Kilroy stated the lake was huge, stating they would not be noticeable; he was planning to place them near the east cove. He also stated the islands were being purchased with state funds and grant money provided to LESJWA and funds from the Inland Water Keepers. They felt this is what they wanted to spend the money on, and the purpose of this was an experiment, to see if it would be a worthwhile investment. Mayor Pro Tern Melendez asked if the islands would cause a liability to the City should someone from the public get hurt. City Attorney Leibold confirmed with Director Kilroy if there were signage (which there is), and noted it would be a minimal risk due to the signage. She also questioned the maintenance cost, to which Director Kilroy responded at this point he did not have any experience to respond with and it was determined we CC September 8, 2009 Item No. 2 Page 9 of 29 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 9 of 14 had to purchase the native plants to plant on the islands. The subject of a fishery was discussed along with refunding Grant money. The benefit was also discussed, to which Director Kilroy responded this was an evaluation to determine the benefit. Councilmember Hickman questioned if the islands were anchored, to which Director Kilroy responded they would be anchored the same as the floating restroom, yet they were free floating to allow them to flow with the lake's water level. Director Kilroy stated if the Council did not feel this was appropriate, the item could be tabled, however he recommended the Council consider if this would be a worthwhile prototype, stating the advantage would be to see if we could naturally grow aquatic vegetation which would assist with the oxygen levels of the lake. Mayor Pro Tern requested if maintenance needed to be performed if it was possible to have community service groups involved, such as the Boy or Girls Scouts, to which Director Kilroy responded this could be possible. PUBLIC HEARING(S) (13) Community Facilities District No. 2003-2 (Canyon Hills) Improvement Area D, altering the Rate and Method of Apportionment of special taxes. Recommendation: 1. Conduct the Public Hearing. 2. Adopt Resolution No. 2009- calling a Special Election to alter the Rate and Method of Apportionment of an existing Special Tax relating to Improvement Area D of the City of Lake Elsinore Community Facilities District No.(CFD) 2003-2 (Canyon Hills). 3. Conduct the Special Election. 4. Adopt Resolution No. 2009- canvassing the results of the Special Election held within Improvement Area D of the City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills) and approving the changes to the Rate and Method of Apportionment of existing Special Taxes within such improvement area. Mayor Magee noted a map identifying the area had been provided by staff. CC September 8, 2009 Item No. 2 Page 10 of 29 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 10 of 14 Councilmember Hickman verified the CFD was currently at 40 years, which was a long timeframe. He also stated there are times when Bonds may be issued for 25 or 30 years, however the CFD was always for 40 years. He clarified when the Bonds were paid in full, the CFD could stop at that time. Consultant Dennis Anderson confirmed it was not uncommon for a CFD to be this length. He noted the developer; Pardee Homes was requesting an additional 6 years since the development has not yet begun. Councilmember Bhutta questioned when the development was scheduled to begin, to which Consultant Anderson noted it would be an additional 5 to 10 years from now. APPEAL(S) None. BUSINESS ITEM(S) (14) Chamber of Commerce Agreement, General Services and Tourism Recommendation: Approve the Agreement and authorize the Mayor to execute the Agreement with the Lake Elsinore Valley Chamber of Commerce. Mayor Magee noted this was a 10 percent reduction in the cost, and thanked him. He noted the Chamber was acting as a continued arm of assistance since they were open on Fridays when City Hall was closed. President Cousins noted the Chamber was not cutting back on services, their expenditures have increased, they were doing more with less, including additional marketing, launching a magazine, increasing the involvement of Frontier Days, launching the Cash-Value Card and offering ways to help the community. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES None. CC September 8, 2009 Item No. 2 Page 11 of 29 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 11 of 14 REDEVELOPMENT AGENCY Vice Chair Bhutta led the meeting in the absence of Chairman Buckley. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE None. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency August 11, 2009 (b) Redevelopment Agency Regular Meeting August 11, 2009 During the City Council portion of the meeting correction were requested regarding the Joint Study Session Minutes: Regarding the Redevelopment Agency Minutes, Agency member Melendez requested a correction; Page 17 of 20, Paragraph 2 noted 20 years instead of 2 years. Agency Secretary Thomsen noted the corrections would be made. CC September 8, 2009 Item No. 2 Page 12 of 29 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 12 of 14 (3) Warrant List Dated July 30, 2009 NO COMMENTS I QUESTIONS Recommendation: Authorize payment of Warrant List dated July 30, 2009. (4) Investment Report - July. 2009 NO COMMENTS / QUESTIONS (5) Recommendation: Receive and file. Agreement for Contract Redevelopment Project Manager Recommendation: The Agency Board authorize the Executive Director to execute a Personal Services Agreement in the form attached hereto with Steve Soto in an amount not to exceed $50,000. addressed and would not be needed. Mayor Magee confirmed the new Project Manager would be responsible to sign off on all invoices, etc. The Mayor noted the Manager would be meeting with the Riverside Housing Redevelopment Corporation (RHDC) and also requested the new manager meet with IERC, Inland Empire Recovery Corporation, to which Executive Brady concurred. Mayor Magee noted the Agreement did not offer a provision for mileage, to which Executive Director Brady stated the issue had not been Executive Director Brady gave an overview of the request to bring Mr. Steve Soto on staff as the Redevelopment Project Manager to assist with the outstanding tasks currently facing the Agency. The current Manager is terminating his employment since being awarded a Rhodes Scholarship overseas. It was noted the remaining workload of the Redevelopment Agency required an experienced manager and would be beneficial in providing training and guidance to Justin Carlson who is now part of the Redevelopment team. It was noted Mr. Soto the Agreement calls for approximately 50 hours per month and he brings over 30 years of redevelopment and economic experience. It was noted the fiscal impact would be offset by salary savings resulting in Mr. McCarty's resignation. The contract offered to Mr. Soto is for the timeframe from September 1, 2009 to June 30, 2010. Mr. Soto addressed the council stating his goal is to assist the City with the outstanding items, and to work with Justin so he would be able to perform Redevelopment functions. CC September 8, 2009 Item No. 2 Page 13 of 29 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 13 of 14 Discussion was held with the Redevelopment Agency and Mr. Soto regarding his past employment and experience and expertise with various projects. He stated he had been involved with multiple Agencies including private practice and municipalities, and named some local cities as reference. His listing included the Cities of La Mirada in Los Angeles County, the cities of Orange and Westminster in Orange County, and Norco in Riverside County. He stated he also worked for Hopkins Development Company as Director of Community Services. He noted he had since started his own Municipal Redevelopment Agency Consulting Company. Discussion was held regarding Mr. Carlson working with Mr. Soto and stated he would be moving from the Planning Department to the Redevelopment Agency which would help offset the general funds. Agency Council Leibold stated she was familiar with Mr. Soto and had worked with him at some of his referenced employment and found him to be capable. She stated the reason to bring on an experienced manager at this time was not a reflection upon Mr. Carlson, but was due to the complexities and the number of the pending redevelopment project issues. She stated Mr. Soto's experience would be of benefit to Mr. Carlson. PUBLIC HEARING(S) None. BUSINESS ITEM(S) None. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES None. CLOSED SESSION Agency Counsel Leibold gave an overview of the closed session items that were before the Redevelopment Agency and the City Council. CC September 8, 2009 Item No. 2 Page 14 of 29 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 25, 2009 Page 14 of 14 REDEVELOPMENT CLOSED SESSION (1) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 2 potential cases CITY COUNCIL CLOSED SESSION (1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case CITY MANAGER COMMENTS City Manager Brady informed the Council tonight was the last meeting Parks and Recreation Director Gonzales would be attending since he had decided to retire and take advantage of the "Golden Handshake" the City was offering; noting his last day of employment would be September 11, 2009. ADJOURNMENT The City Council and the Redevelopment Agency completed the business before them at 4:56 p.m. and both adjourned to the Closed Session meeting scheduled to be held at 5:00 p.m. Debora 9homsen Debora Thomsen, CIVIC City Clerk / Redevelopment Agency Secretary City of Lake Elsinore, California CC September 8, 2009 Item No. 2 Page 15 of 29 Page 1 of 14 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES August 25th, 2009 (not official until approved) CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, August 11th, 2009 to order at 5:00 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tern Melendez Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, and Building and Safety Manager Chipman. 5:00 P.M. CONVENE THE MEETING There was no one who wished to speak regarding a Closed Session item. CALL TO ORDER - 5:00 P.M. RECESS TO CLOSED SESSION CLOSED SESSION (1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case CC September 8, 2009 Item No. 2 Page 16 of 29 Lake Elsinore City Council Agenda Regular Meeting of August 25, 2009 Page 2 of 14 CALL BACK TO ORDER (7:00 P.M.) PLEDGE OF ALLEGIANCE The pledge of Allegiance was led by Mayor Magee. INVOCATION - MOMENT OF SILENT PRAYER The Mayor led the audience in a moment of silent prayer. ROLL CALL All Council members were present as noted by City Clerk Thomsen who declared a quorum was present. PRESENT: Mayor Magee, Mayor Pro Tern Melendez Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Building and Safety Manager Chipman, Police Chief Cleary, Fire Chief Hendershot. CLOSED SESSION REPORT City Attorney Leibold gave an overview of the Closed Session item stating there was no reportable action. CC September 8, 2009 Item No. 2 Page 17 of 29 Lake Elsinore City Council Agenda Regular Meeting of August 25, 2009 Page 3 of 14 PRESENTATIONS / CEREMONIALS Relay for Life Mayor Magee called Mr. Warren Stephenson to the podium to present him with a Proclamation in celebration of the American Cancer's Society Relay for Life Charity event and requested Mr. Stephenson give an update of planned event. Mr. Stephenson stated the 2009 event is to be held over a 24 hour period, October 10th and 11th at Canyon Lake Middle School from Saturday at 9 am to Sunday at 9 am. Mr. Stephenson requested everyone to get involved, this event happens in 24 other countries and over 5,000 cities noting this is the largest fundraiser ever. He requested a representative from the Council attend. He stated the theme for this year is "Celebrate, Remember, and Fight Back." Chamber of Commerce Quarterly Update Mr. Mike Norkin, Chairman of the Board of the Lake Elsinore Valley Chamber of Commerce gave a Quarterly Update. He first referenced the new "Cash Value Card" spearheaded by Councilmember Bhutta which is being launched on September 1St, 2009. He stated there were 13 participating businesses to date and a website to learn about the card, www.shoplakeelsinorevalley.com. He noted the Chamber had started a magazine which has been a big hit. He stated this was a way for businesses to advertise and to inform the community with information they may not of known. He noted an on-line version would be available on September 1St. Mr. Norkin noted the Chamber was in the process of signing a "Letter of Intent" to develop a Elsinore Valley Education Campus in Lake Elsinore with Argosy University. He also stated Fridays, when the City was closed due to furlough days, the Chamber has had a 100 percent increase in phone calls requesting information. He noted they were happy to assist these callers. Mr. Norkin noted other pertinent information and referred anyone interested to the Chamber of Commerce's website, www.lakeelsinorechamber.com or call, 951-245-8848. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Vicki Long President of Elsinore Murrieta Anza Resource Conservation District spoke stating although her organization has been in business since 1949, previously they had not been active. She noted the past 2 years, they have been very active and currently have a Memorandum Of Understanding with the City of Murrieta regarding the removal of invasive plants from outflow waterways and streams and planting of native plants. In addition, they are in discussions with the City of Temecula and would like to start negotiations with the City of Lake Elsinore requesting a MOU. She stated her organization was familiar with obtaining Grants and could assist as needed. Mayor Magee requested she pass her contact information to Lake and Aquatics Director Kilroy. Councilmember CC September 8, 2009 Item No. 2 Page 18 of 29 Lake Elsinore City Council Agenda Regular Meeting of August 25, 2009 Page 4 of 14 Buckley requested Ms Long contact Northwestern Misquote Vector Control, and request to speak to Dr. Major Dillon at 951-340-9492. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES There was no one present who wished to speak regarding an agenized item. CONSENT CALENDAR APPROVED Item No. 12 was pulled from the Consent Calendar by Mayor Pro Tern Melendez for further discussion. (2) Approval of City Council Minutes Recommendation: Approved the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency August 11, 2009 (b) Regular City Council Meeting Minutes August 11, 2009 (3) Warrant List Dated August 13, 2009 Recommendation: Authorized payment of Warrant List dated August 13, 2009. (4) Investment Report - July. 2009 Recommendation: Received and filed. (5) Claim Against the Citv Recommendation: Rejected the claim listed and directed the City Clerk's office to send a letter informing the claimants of the decision. (6) Professional Landscape Plan Check and Inspection Services - David Evans and Associates Recommendation: CC September 8, 2009 Item No. 2 Page 19 of 29 Lake Elsinore City Council Agenda Regular Meeting of August 25, 2009 Page 5 of 14 Authorized the City Manager to enter into a Contract, in a form approved by the City Attorney, with David Evans and Associates, Inc. to provide Landscape Plan Check and Inspection Services to the City of Lake Elsinore for Fiscal Year 2009 - 2010. (7) Notice to Advertise for Bids - Machado Park Landscape Improvements and Preparation for New Restroom Recommendation: Authorized staff to advertise for bids for the Machado Park Landscape Improvements and Preparation for the New Restroom. (8) Sidewalk Construction - Various Locations Notice to Invite Bids Recommendation: Directed staff to advertise the Sidewalk Construction Project. (9) Construction of Interchange Improvements at Interstate 1-15 and Central Avenue (SR-74) - Approval of Construction Contract Contingency Funds Recommendation: 1. Approved the use of the Project Contingency amount of $450,000 for Construction Project Change Orders for Construction of Interchange Improvements at Interstate 1-15 and Central Avenue (SR-74). 2. Authorized the City Manager to approve current Change Orders in the sum of $187,133 to be paid out of the Contingency amount. (10) Agreement to reimburse TUMF Funds for Engineering and Planning Costs of Temescal Canyon Road Bridge replacement. Recommendation: Authorized the Mayor to sign an Agreement on behalf of the City to receive TUMF reimbursement. (11) A Letter of Support for the Loma Linda University Medical Center in the City of Murrieta Recommendation: Authorized the City Council to have the Mayor to send letters of support to our Senators and Representative in Washington D.C. CC September 8, 2009 Item No. 2 Page 20 of 29 Lake Elsinore City Council Agenda Regular Meeting of August 25, 2009 Page 6 of 14 MOTION was made by Councilmember Bhutta, second by Councilmember Buckley and unanimously carried to adopt the Consent Calendar with the exception of Item No. 12 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. CONSENT ITEM No. 12 PULLED FOR FURTHER DISCUSSION: (12) Sole Source Purchase for Floating Islands Habitat APPROVED Recommendation: 1. Approved LESJWA Work Order in the amount of $25,000 and authorize the City Manager to execute the document. 2. Approved the Exception to Bid Procedures per Lake Elsinore Municipal Code Section 3.08.070B for the sole source purchase of Floating Islands and other services in an amount not to exceed $25,000. Mayor Pro Tem Melendez informed the public LESJWA received a $25,000 grant from the Inland Empire Water Keeper, a non-profit organization, for these floating islands which was mentioned in the newspaper. She clarified the funding was not coming from the City's general fund. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Hickman and unanimously carried to approve Item No. 12 for the sole source purchase of the Floating Islands, the LESJWA Work Order and authorize the City Manger to execute the documents. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PUBLIC HEARING(S) APPROVED (13) Community Facilities District No. 2003-2 (Canyon Hills) Improvement Area D, altering the Rate and Method of Apportionment of special taxes. Recommendation: 1. Conducted the Public Hearing. CC September 8, 2009 Item No. 2 Page 21 of 29 Lake Elsinore City Council Agenda Regular Meeting of August 25, 2009 Page 7 of 14 2. Adopted Resolution No. 2009-051 calling a Special Election to alter the Rate and Method of Apportionment of an existing Special Tax relating to Improvement Area D of the City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills). 3. Conducted the Special Election. 4. Adopted Resolution No. 2009-052 canvassing the results of the Special Election held within Improvement Area D of the City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills) and approving the changes to the Rate and Method of Apportionment of existing Special Taxes within such improvement area. Mayor Magee Mayor noted this was a Public Hearing on the alteration of the rate and method of apportionment of existing special taxes with respect to Improvement Area D within the City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills); call a special election; and canvas election results. Mayor Magee officially called the Public Hearing is hereby officially opened at 7:21 p.m. City Manager Brady noted Consultant Dennis Anderson has come forward to present the item. After the staff presentation, the Council will receive comments and questions and any oral protests from any interested persons. When all comments have been received, the Mayor will close the Public Hearing. First, City Clerk, please announce the notice." City Clerk Thomsen stated she had published and the notification of the Public Hearing in accordance with the Mello-Roos Community Facilities Act of 1982 and proof of such publication is on file in the City Clerk's and stated she had a copy available for viewing. Dennis Anderson stated an amendment to the existing Rate & Method of Special Taxes, due to the reconfiguration of the development area due to the school site which has now been purchased by the school district, which necessitates a reconfiguration. Pardee Homes has requested this reconfiguration would include altering the Rate and Method of Apportionment of Special Taxes and an extension of time to reduce the amount of the certificate and the special taxes prior to Bond sales, thereby allowing for only a 2 percent annual increase. Mayor Magee requests from the audience if there is testimony from the public, to which no one responds. CC September 8, 2009 Item No. 2 Page 22 of 29 Lake Elsinore City Council Agenda Regular Meeting of August 25, 2009 Page 8 of 14 Mayor Magee requests from the audience if there is anyone wishing to speak in favor of the item, to which no one responds. Mayor Magee requests from the audience if there is anyone wishing to speak against the item, to which no one responds. Mayor Magee requests from the audience if there is anyone who wishes to speak at all, to which no one responds. Mayor Magee verifies before he formally closes the Public Hearing, he asks if there are any other property owners subject to the proposed special taxes who wish to file written protest?. If so, they must be filed with the City Clerk at this time. For the purpose of a majority protest, only written protests are to be considered." Mayor Magee closes the Public Hearing at 7:24 p.m. and brings the item to the dais for discussion and to entertain a motion. MOTION was made by Councilmember Bhutta, second by Councilmember Buckley calling a Special Election to alter the Rate and Method of Apportionment of an existing Special Tax relating to Improvement Area D of the City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills). AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Mayor Magee requested the City Clerk open and tabulate the sealed ballot. City Clerk Thomsen opened the sealed ballot stating the ballot contained one vote in favor of the item. MOTION was made by Councilmember Bhutta, second by Councilmember Buckley canvassing the results of the Special Election held within Improvement Area D of the City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills) and approving the changes to the Rate and Method of Apportionment of existing Special Taxes within such improvement area. Councilmember Hickman, thanked Pardee Homes for being wiling to reduce the tax rate from when it was high to the newly adjusted lower rate. CC September 8, 2009 Item No. 2 Page 23 of 29 Lake Elsinore City Council Agenda Regular Meeting of August 25, 2009 Page 9 of 14 Dennis stated the land and the bond issues would be reduced. He noted in 2003 was maximum amount, where today the price of land had dropped and these new rates would reflect the lower amount AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Passed and adopted the following Resolutions: "Resolution No. 2009-051 - A Resolution the City Council of the City of Lake Elsinore, California calling a Special Election to alter the Rate and Method of Apportionment of an existing Special Tax relating to Improvement Area D of the City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills)." "Resolution No. 2009-052 A Resolution the City Council of the City of Lake Elsinore, California canvassing the results of the Special Election held within Improvement Area D of the City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills) and approving the changes to the Rate and Method of Apportionment of existing Special Taxes within such improvement area." APPEAL(S) None. BUSINESS ITEM(S) APPROVED (14) Chamber of Commerce Agreement. General Services and Tourism Recommendation: Approved the Agreement and authorized the Mayor to execute the Agreement with the Lake Elsinore Valley Chamber of Commerce. City Manager Brady gave an overview of the Agreement, stating this Agreement was broken down to reflect General Services and Tourism The total contract amount was for $90,000 and was included in the City's current budget. He noted $50,000 covered general services and $40,000 covered the tourism portion. It was noted Chamber President Cousins was available in the audience if anyone had specific questions. City CC September 8, 2009 Item No. 2 Page 24 of 29 Lake Elsinore City Council Agenda Regular Meeting of August 25, 2009 Page 10 of 14 Manager Brady noted Attachments have been added to specify the services which would be performed under general services and tourism. MOTION was made by Councilmember Buckley, second by Councilmember Hickman and unanimously carried to adopt the Consent Calendar as recommended. Councilmember Hickman informed the community they and the City was getting the better half of the Agreement. The Lake Elsinore Valley Chamber of Commerce have a Board of Directors of 12 very capable individuals who are dedicated to assisting businesses and the community. Councilmember Bhutta complimented the Chamber for all they do to assist the community. She noted the Chamber is generally the first place prospective homeowner's contact to find out about the community practices. Mayor Pro Tern Melendez thanked President Cousins for collaborating with staff and the accountability identified in the Agreement noting the City is definitely getting our money's worth. Mayor Magee noted President Cousins has done a fantastic job of the President for the past 5 years. He noted the Chamber has continued to grow, and they also have taken 10 percent less in funds, and are doing more with less. The Mayor noted the Chamber has an excellent staff, stating new businesses are joining the Chamber. He noted the Chamber's phone calls are increasing, they are serving as an extension to our city staff when we are off on furlough days on Fridays. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES There was no one present who wished to speak regarding an agenized item. Mayor Magee turned the meeting over to Chairman Buckley to conduct the Redevelopment Agency portion of their meeting at 7:29 p.m. There being no further business to come before the Redevelopment Agency (RDA) Chairman Buckley adjourned the Redevelopment Agency portion of the meeting at 7:31 p.m. for the City Council to conclude their meeting. CC September 8, 2009 Item No. 2 Page 25 of 29 Lake Elsinore City Council Agenda Regular Meeting of August 25, 2009 Page 11 of 14 Mayor Magee reconvened the City Council meeting at 7:31 p.m. and proceeded with the rest of the City Council Meeting. CITY MANAGER COMMENTS Thursday Business Networking Mixer Aug 27 5:30 p.m. - 7:30 p.m. USA Federal Credit Union 29261 Central Ave, Ste. C For information: (951) 245-8848 Join the Lake Elsinore Valley Chamber of Commerce at our monthly Business Networking Mixer. This is a great opportunity to meet other community members and highlight your business with a raffle prize. Hosted by: USA Federal Credit Union Saturday Music with A View 2009 Concerts Series Aug 29 - Sept 5 7:30 p.m. - 9:30 p.m. McVicker Park 29355 Grand Avenue For information: (951) 245-8890 The City of Lake Elsinore and the Elsinore Valley Arts Network are proud to present the Concerts in the Park Series 2009: August 15 Steve Oliver Jazz August 22 The Missiles of October Blues, Jazz, R&B, Pop, Folk August 29 Cody Bryant Band Country Western September 5 Inland Valley Symphony with two Soloists Food, Soft Drinks, Wine and Beer sold at each event. Bring your blanket! Have a Picnic. Dogs or No Alcohol allowed! Wed / Thur / Fri CERT Training Sept 8, 9 & 10 9:00 a.m. - 1:00 p.m. Ben Clark Training Center 16791 Davis Avenue Riverside, 92518 Information / Registration: Irene Rosendale - (951) 674-5170 CC September 8, 2009 Item No. 2 Page 26 of 29 Lake Elsinore City Council Agenda Regular Meeting of August 25, 2009 Page 12 of 14 The City of Lake Elsinore, in partnership with the Riverside County Office of Emergency Services, is providing disaster preparedness training for the community members throughout Southwest Riverside. CERT (Community Emergency Response Training) is offered to individuals 18 and older through The Lake Elsinore Citizens Corps Program. Wednesday Java Jive at Flour Fusion Sept 9 8:00 a.m. - 10:00 a.m. Flour Fusion 133 N. Main St For information: (951) 245-8848 The purpose of this event is to offer an additional networking opportunity to our Chamber members. Saturday Household Hazardous Waste Collection Event Sept 12 9:00 AM - 2:00 PM Public Works Yard 521 North Langstaff City and County residents may drop off hazardous household products and electronic discards at no charge during our monthly household hazardous waste disposal events. Free disposal for City & County residents. Aug I Sept Cool Center Lake Elsinore Senior Center 420 E. Lakeshore Drive For information: (951) 674 2526 The Lake Elsinore Senior Center is a designated Cool Center through the Riverside County Community Action partnership to provide relief from the Hot Summer Days. When the County of Riverside announces a heat advisory, all adults are welcome to stop in, participate in the various activities, enjoy the facilities including poolroom and computer lab. Refreshments will be provided. City Manager Brady also thanked Parks and Recreation Director Gonzales for his dedication to the community of Lake Elsinore and stated his services would be missed. He noted how Director Gonzales was flexible and easy to work with, and brought the businesses together regarding many issues they were dealing with. He noted some of his many accomplishments, such as working with the Parks & Recreation Master Plan, improved park maintenance, installed park equipment, improved the overall ability of his staff, and the Animal Shelter Project, City Manager Brady noted his innovative ideas, his work ethic and the services and commitment he provides would not be easy for anyone to follow. CC September 8, 2009 Item No. 2 Page 27 of 29 Lake Elsinore City Council Agenda Regular Meeting of August 25, 2009 Page 13 of 14 PARKS AND RECREATION DIRECTOR GONZALES Director Gonzales addressed the Council, the Community stating how surprised he was at this turn of events; his original plan was not to retire this year. He thanked the City for the opportunity they had given him, and noted he had enjoyed working in Lake Elsinore, with the many businesses, the special events and City Staff. He noted his original plans were to move here, and then his children moved close to him. Director Gonzales noted he enjoyed eating lunch at all of the eateries on Main Street and getting to know the business owners. He noted he had worked in the Public Service Arena in various counties, yet he had always given back to the communities where he was and felt this is an important aspect of a public servant. He noted the decision to retire was a difficult one to make, and felt this management team was one of the best. He wished everyone success in their endeavors and stated he would visit. CITY ATTORNEY COMMENTS City Attorney Leibold wished Director Gonzales the best in his retirement stating she had enjoyed working with him; he was a true asset to the City. COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Councilmember Hickman thanked Director Gonzales for his many contributions. He also thanked the Elks for the fundraiser tailgate party at the Storm stadium for the kids. Councilmember Hickman stated he was invited to Canyon Lake to help raise the flag while the Marine Band was playing from 29 Palms. He reminded everyone to attend the Concert in the Park series and to kick up their boots with the music planned for this weekend. Councilmember Hickman thanked the City and the School board for naming the gym at Terra Cotta Middle school after Dr. Lindsey. Mayor Pro Tern Melendez thanked Ray for his professional demeanor and his loyalty and dedication and wished him the best. She reminded the Community of CC September 8, 2009 Item No. 2 Page 28 of 29 Lake Elsinore City Council Agenda Regular Meeting of August 25, 2009 Page 14 of 14 the Concert in the Park series this weekend stating she would be the MC for the program. Councilmember Buckley noted he attended the Animal Shelter meetings with Director Gonzales and got to know him well. He stated Director Gonzales did five years worth of work in two years, and will be greatly missed. Councilmember Bhutta offered Director Gonzales best wishes in his retirement and stated he was a great asset to the City, always accommodating and happy to assist. Councilmember Bhutta reminded everyone the shop locally program officially starts on September 1St, and would bring cash values back to our local businesses and charities. She also stated she was pleased a building was names after superintendent Dr. Lindsey was a great champion for children. Mayor Magee stated he attended the fundraiser "Guns & Hoses" which was put on by Fire Station 10 on Grand Avenue as a fundraiser for the Youth Court. The Mayor also thanked Ms. Kimberly Ryan from Trophies & Treasures for the festive centerpieces and decorations for the State of the City Address. Mayor Magee noted Director Gonzales started Lake Elsinore replacing a 15 year veteran, he had big shoes to fill, and he did so. He noted he brought the community closer, he was able to diffuse and bridge the gap of a long-time dispute regarding Main Street, he found a way to make everyone happy. He changed the way business was done, and saved the City money. Mayor Magee noted building a restroom in accordance with American Disabilities Act requirements used to cost the city $100,000 and Ray found a way to meet these requirements for little of the cost. Mayor Magee stated Director Gonzales reset the bar of performance and will be truly missed ADJOURNMENT There being no further business to come before the City Council Mayor Magee adjourned the meeting at 7:46 p.m. The Lake Elsinore City Council adjourn to a regular meeting to be held on Tuesday, August 25, 2009, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Debora Thomsen Debora Thomsen, CIVIC City Clerk, City of Lake Elsinore, California CC September 8, 2009 Item No. 2 Page 29 of 29