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HomeMy WebLinkAbout10-27-2009 SSPage 1 of 16 CITY OF LAKE ELSINORE JOINT CITY COUNCIL / REDEVELOPMENT AGENCY STUDY SESSION - AGENDA REVIEW MINUTES October 27`h, 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, October 27th, 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, 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, Information / Communications Manager Dennis, Director of Lake and Aquatics and Interim Parks and Recreation Director Kilroy, Building and Safety Manager Chipman. PRESENTATIONS / CEREMONIALS City Clerk Thomsen notified Mayor Magee Mr. Ron Hewison would be present for the meeting. Mr. Hewison requested to address the Council for the Study Session as well. HOPE Quarterly Update (Helping Our People in Elsinore) Mr. Hewison stated he had two versions for the meetings; he wanted to give the Council a detailed version now so they could truly know the needs of HOPE and tonight at the City Council meeting, he would just give an overview. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 27, 2009 Page 2 of 16 He noted that HOPE was pledging food to distribute. Due to the economic status today, more people than ever, including families are in need due to loss of income and homes. Mr. Hewison noted currently HOPE is feeding 1,300 families and 4,000 people per month. He stated they need volunteers to help distribute food. He commented that so many people arrive in vehicles safety became a concern. He thanked the City for safety signs to help provide directions for drivers. Mr. Hewison stated everyone has been impacted by the decline in the economy, which has also impacted the amount of donations HOPE is receiving. Mr. Hewison continued stating they have been able to add a "Fresh Rescue" program in addition to their "Pantry" and "Commodities" programs. Year by Year comparisons are given for all programs and for just the "Pantry" program. Mr. Hewison noted it is time for charities to apply for funding from Cities and Counties, and he has been diligently involved with the County to apply for any possible funds. He spoke regarding receiving funding from the cities of Murrieta and Temecula, noting Community Development Block Grants (CDBG) will soon be available and asked the Council to consider HOPE when they divide their funding. Mr. Hewison stated there are two schedules; 1) Pantry only by quarter (showing an increase of 46 percent); and 2) All other programs compared by year. He noted in 2004, HOPE was distributing approximately 40,000 meals a year in comparison to the 42,000 meals which will be served this month alone. He further stated historically, the first quarter, (Q1) has been 18 - 23 percent of the year which equates to approximately 475,000 pantry meals this year. He noted there are three food programs (Pantry, Commodities, and Fresh Rescue) which result in helping over 1,350 families which is equivalent to approximately 4,000 people each month. He further stated those who receive Pantry items have their income verified, 99 percent of the people are in extremely low income levels. Mr. Hewison provided further details of the Pantry Program, stating their new database enables them to oversee and identify their growth. He commented HOPE has always been viewed as a "Senior Program" however, with the new growth during this economic decline; seniors currently are only 20 percent of those in need. Mr. Hewison noted children make up 50 percent which equates to approximately 600 children a month. He further noted, if you include their parents, the percentage is around 60 percent for families with children. He commented this huge growth in the Pantry Program includes seniors, grandparents, disabled, single parents and also churches, schools and some categories of the Department of Public Social Services (DPSS). Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 27, 2009 Page 3 of 16 Mr. Hewison stated in 2006, HOPE was able to become the distributor for USDA commodities in the Valley. He noted in the beginning days, maybe 100 families needed commodity assistance, now 600 families or approximately 2,500+ people use this service. Mr. Hewison noted people are currently lining up 8 hours in advance of distribution, parking is impossible. Mr. Hewison stated satellite sites are now being utilized, locations are EFA, Vineyard; Gracepoint, yet they are still not enough. Mr. Hewison commented HOPE is still reviewing how to improve this need. Beginning in 2008, HOPE was fortunate to receive Fresh Rescue items which enable them to supplement pantry meals during the week and to assist an additional 80 families on Friday and Saturdays. Again, lines began forming hours ahead causing the distribution point to be moved to Gracepoint and NewSong. In addition, HOPE is now delivering directly to trailer parks. Mr. Hewison commented keeping up with the increase is becoming difficult, even with approximately 50 core volunteers every week, three volunteers are now stepping up as Executive Directors for Pantry Services; Senior Services and Administration. Mr. Hewison noted there is a great need for a larger facility. Accommodation needs to be at least 2,500 square feet plus a ground floor, a mezzanine as small as 4,000 square feet up to 7,000 or 8,000 square feet. This facility is needed as soon as possible. Mr. Hewison stated he has been looking to see how other pantries around the country had approached their rapid growth and discovered they used approximately 85 percent from CDBG funds to expand. He noted Temecula is creating a Community Center which will house the pantry and SAFE. Mr. Hewison requested Lake Elsinore to consider the possibility of using the Lake Elsinore Senior Center or Community Center and possibly using CDBG funds. Mr. Hewison commented he has initiated brief discussions with Riverside County which seem positive. Their preference favors a rehabilitated structure rather than a new building, and may provide CDBG funds in addition to what is already received. Mr. Hewison suggested creating an exploratory working group consisting of HOPE, the City and the County to focus on finding a new location. He hopes someone will come forward who has this type of knowledge and / or experience, since he is not familiar with this field. Handouts for the City Council giving details of the numbers for each program and annual comparisons was given to the City Clerk for the record. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 27, 2009 Page 4 of 16 PANTRY MEALS DISTRIBUTED YEAR ON YEAR COMPARISON 2005/06 - 2006/07 - 2007/08 - 2008/09 - 2009/10 2005-06 2006-07 2007-08 2008-09 2009-10 Q1 12216 18180 41904 75132 110052 Q2 13695 22824 61628 88056 Q3 17226 27144 55296 83232 Q4 18684 35460 66653 86281 TOTALS 61821 103608 225481 332701 Mayor Magee asked if Mr. Hewison would consider the Big Lots building since they are moving from Lakeshore Drive to Mission Trail. He noted this was a large building which HOPE could grow into, and stated this building is next door to another County program, for Women, Infants, and Children. Mayor Magee wanted to know if Mr. Hewison had thought of this building and / or has reached out to the County or the Economic Development Agency (EDA) for their support. Mr. Hewison responded stating he has been in touch with the EDA but not in regards to this particular building. He stated EDA's first response was to ask if HOPE had been in contact with the City. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 27, 2009 Page 5 of 16 PUBLIC COMMENTS - NOWAGENDIZED ITEMS -1 MINUTE None. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR (2) Approval of City Council Minutes NO QUESTIONS / COMMENTS Recommendation: Approve the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency from September 22, 2009. (3) Warrant List Dated October 15, 2009 Recommendation: Authorize payment of Warrant List dated October 15, 2009. Councilmember Bhutta had the following questions: Expenditure Approval List Temecula Motorcycle Sales & Service Page 15 Director Riley stated this is for the Police Motorcycles repairs when needed Expenditure Approval List Temecula Valley Pipe & Irrigation & Page 15 Supply Director Riley responded this was in relation to irrigation needs. Councilmember Bhutta questioned if there was anyone in town who could provide this work? Director Kilroy stated regarding irrigation items, depending upon what was needed and for which location such as valves impacts where the items are purchased from. He noted no one in town can provide this service. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 27, 2009 Page 6 of 16 (4) Director Seumalo responded regarding the motorcycle repair shop, stating the City's Chief Mechanic shops around for deals and noted the City receives reduced rates from this shop, but they can check to see if there is someone local. Mayor Magee stated the City only has 1 motorcycle shop and noted they do not provide the type of service the Police motors need. City Manager noted the City does try to keep all business and sales tax in town whenever they can. Investment Report- September 2009 NO QUESTIONS/ COMMENTS Recommendation: Receive and file. (5) Testing Consultants Meridian. Recommendation: 1. Approve Change Order No. 2 in the amount of $28,520.75 for City and County Soil Engineering and Testing. 2. Approve Change Order No. 1 in the amount of $23,901.25 for KDM 3. Authorize the City Manager to execute the Contract Change Orders. Mayor Pro Tern Melendez questioned who identified the work needed. Director Seumalo responded the City wanted a different earthwork contractor. Mayor Magee gave credit to Director Seumalo for finding dirt at a reduced rate and saving the City money and thanked him for this effort. He stated however, he noted the job was going into the 55th week. The Mayor stated landscaping was still needed and asked why straw was acceptable at the 1-15 and SR 74 interchange. Director Seumalo noted the straw may have been in part of the erosion prevention. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 27, 2009 Page 7 of 16 (6) Annual Software Maintenance Aoreement Renewal with SunGard Public Sector Recommendation: Authorize the City Manager to renew the annual software maintenance agreement with SunGard Public Sector. This is a sole source vendor and as long as we use the software we must continue to use SunGard Public Sector for the maintenance of this software. Councilmember Bhutta stated we had been using this vendor and software since 1990 and asked if it was still valid. Manager Dennis stated it sill worked sufficiently for our needs and to replace it would be costly. He noted it is not a windows product or a enterprise product. Councilmember Bhutta noted approximately $750,000 has been spent. (7) A Resolution Approving the Form of and Authorizing the Execution and Delivery of a Purchase and Sale Agreement and Related Documents with Respect to the Sale of the Seller's Proposition 1A Receivable from the State; and Directing and Authorizing Certain other Actions in Connection Therewith Recommendation: Adopt Resolution No. 2009-_ and authorize the Mayor to execute the Purchase and Sale Agreement along with the related documents. City Attorney Leibold gave an overview of the item and the relationship to Proposition 1A. Councilmember Hickman requested City Attorney Leibold to give an overview and to clarify his questions. City Attorney Leibold noted this is in form of statewide Bond Counsel, the proposal is to participate in the Bond receipt to mitigate the impact for the loss of the funds. A portion will be distributed back to those Cities who participate. PUBLIC HEARING(S) None. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 27, 2009 Page 8 of 16 APPEAL(S) None. BUSINESS ITEM(S) (8) Graffiti Action Plan Update Recommendation: Receive and file Manager Dennis gave an overview of the progress of implementing the Graffiti Action Plan and the testing and instillation of the T.A.G.R.S. software. He gave an update of the graffiti hotline, the WeTip hotline and future plans to move the cameras to various locations to catch violators unaware. Manager Dennis noted the best deterrent is the restoration and the prosecution of the crimes. Councilmember Hickman requested information regarding who should be called if they see graffiti in action. Manager Dennis stated the Police has requested if someone sees a crime in action they want 911 to be called. He noted during the day to call the Graffiti hotline. Mayor Pro Tern Melendez asked for information regarding a dedicated line at the Police Department for graffiti. Manager Dennis noted currently the WeTip line and program is being looked at. City Manager Brady stated at the Rio Car Wash taggers were caught by the Police. Councilmember Hickman stated perhaps Code Enforcement could have a number during the day; they were probably the best option to actually catch someone in the act. (9) Extension of Time for Tentative Tract Map No. 31593 Recommendation: Adopt a Resolution approving the request for an Extension of Time for Tentative Tract Map No. 31593 for twenty four (24) months or until November 8, 2009. Acting Community Development Director Weiner gave an overview of the request of the Developer Eric Lunde regarding the current Conditions of Approval (COA) originally established with Tentative Tract Map Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 27, 2009 Page 9 of 16 No. 31593. Mr. Lunde is requesting amendments to COA Items No. 5, 6, and 9. The individual requests were addressed: Item No. 5 Original COA calls for the Developer to transfer title to the City of a 3.5 acre park and the City is to be free and clear of all financial encumbrances. In addition, a 1.5 acre park with a Community Homeowners Association, Community Pool and Clubhouse be available for the subdivision. Mr. Lunde would like to dedicate the full 5 acre park to the City (however the free and clear of all financial encumbrances is not offered) meaning the City would be responsible for all costs including maintenance. He does not feel a Homeowners Association, the Clubhouse and a private park are needed especially due to the economic climate. Discussion was held by the Council, City Staff and the Developer who would be responsible for the payment of the dedicated park maintenance. It was determined the City should not have to fund park maintenance; therefore the original COA could be kept. Discussion was held regarding the need for a Homeowners Association, a private park, or Clubhouse. Item No. 6 Current COA states the Applicant shall submit a preliminary concept plan of the proposed recreation facilities and amenities for review and approval and shall post a Performance Bond in the amount of $2 million guaranteeing the construction of the park as provided until the completion of the park. Mr. Lunde would like to have the cost reduced due to the economic climate. He does not like the specific dollar amount which is currently stated. Discussion was held by the Council, City Staff and the Developer regarding the cost of the Performance Bond. It was determined actual building will not happen until at least 3 years from now, therefore the cost could remain as it currently states, the price of a Lump-sum Bond not tied to a specific improvement. Mayor Magee clarified with staff how the $2 million amount came about. Mr. Weiner responded. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 27, 2009 Page 10 of 16 Item No. 9 Current COA states the Applicant is responsible to have the Park built and ready for use when the 15t residence is sold. Mr. Lunde would like to propose that this number be changed to when the 250 residence is sold, due to the large amount of up-front money required to be spent. (10) Resolutions Setting Date of Recall Election. Regulation of Candidate Recommendation: 1) Choose one of the proposed dates and adopt a Resolution to Order a date for a Recall Special Municipal Election. 2) Adopt a Resolution to establish Candidate Rules and Regulations specific only to this Recall Special Municipal Election and automatically rescind this adopted Resolution once the election has taken place. 3) Decline to adopt a Resolution to hold a Special Runoff Election if the election results are tied. 4) Adopt a Resolution requesting the Riverside County Board of Supervisors to authorize the Registrar of Voter's office to render services for this Recall Special Municipal Election and automatically rescind this adopted Resolution once the election has taken place 5) Direct the City Manager which financial funds to use from the Fiscal Year 2009/10 budget to cover the Recall Special Municipal Election's expenses. City management recommends transferring funds from the Unallocated Fund Balance to the General Fund to cover all costs associated with the Recall Special Municipal Election. There was a public speaker who wished to address this item, Ms. Susan Rebar and asked approval to read a statement into the record. Mayor Magee granted approval. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 27, 2009 Page 11 of 16 BEGINNING OF STATEMENT READ FOR THE RECORD: City Clerk Lake Elsinore, City Council Meeting October 27, 2009 Letter / submission into the official record regarding John Burkett signature collector, in the recall against Thomas Buckley. Dear City Council; My name is Susan Rebar I am a resident of the City of Lake Elsinore for more than 21 years. I have seen phenomenal changes in our community. I moved here in 1988, when the 15 freeway killer was on the loose, there was a meth lab across the parking lot of the Jr. High, that my son attended, and the fish kill was front page news. I am grateful for the amazing changes that have occurred in our city and the challenges that our leaders have overcome. Our City is now faced with an economic crisis that is not of our own making, so the wise use of city resources is an imperative. This is why I am here today, regarding the recall of Thomas Buckley; the expenditure of resources to finance the recall is simply a waste of money, in our already stretched economy. The estimated costs of 30,000 to 50,000 to potentially shorten Mr. Buckley's term by 10 months, is not the best use of city funds. Mr. Buckley is required to call for a count and vote for any actions taken by the Redevelopment Committee of which he chairs. He would have been required to do that for any land purchase. If the checks and balances are in place then it is easy enough to see that this recall is unfounded. I would suggest rather that a full investigation of John Burkett, be launched to investigate his signature collection practices, prior to calling for any special election. I have personal knowledge that Mr. Burkett from his own admission does not live within the city limits. When Mr. Burkett came to my door to ask, for my signature, I was more interested in why he was motivated to gather signatures. As I had not previously met Mr. Burkett, I asked him several questions, to determine his motivation. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 27, 2009 Page 12 of 16 1. Did he live in the City? a. Response yes over by the Casino 2. How long had he lived in the City? a. 18 years His responses were funny to me I that there are no city residences by the Casino those homes are Sedco Hills / Wildomar. I asked several other questions, to which he became impatient and said that if I didn't want to sign then he had better things to do and he huffed off. The reason that I am standing on this issue is simply that this could be an assault against any City Council Member, and there are no protections against such harassment. It is really an assault against our city not just our City Leaders. If Mr. Burkett can do this for some personal motivation, anyone can do it. I would suggest that the City Council consider some form of protection against such actions by placing a stipulation with full disclosure requiring that all Signature Collectors, be required to show proof of residency at the onset of a recall or other type of petition consideration within the city limits. Those limitations are placed on the candidates, why not those who want to challenge our city and its leaders. I could easily disqualify Mr. Burkett as a man with motivation other than the good of our City and its Citizens, but I don't know how many other residents would be able to do the same based on Mr. Burkett's sales style and tactics. He was very friendly and jovial until I asked too many questions, then he was angry and frustrated, a bit intimidating I would say. I live in an amazing city and often in my travels refer to myself as a Grandma fro Lake Elsinore' as our city has developed into a beauty nestled between the mountains, beside a lake with a fare climate. I don't like to use the word proud much as the implications are strong, and somewhat boastful, so today I use the word to describe those things I am proud of: My Husband, My Son, By Grandbaby, My Country and My City. Let us not be harmed by the interests of an outsider; I respectfully request that you preserve our beauty, and not let someone take away anymore of resources or even our staff jobs, by this frivolity. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 27, 2009 Page 13 of 16 Respectfully submitted for the Record, Susan Rebar, Resident END OF STATEMENT READ FOR THE RECORD: Mayor Magee requested City Attorney Leibold to respond to Ms. Rebar regarding her statement. City Attorney Leibold stated the course of action taken tonight was neither in support of the recall nor against it; the City is required to follow the letter of the law of the California Elections Code. There is no choice in calling an election, if the City Council does not do this, then the Riverside County Registrar of Voters must do so within 5 days. Mayor Magee stated barring another authority who has the power to stop this, the date must be set. City Attorney Leibold confirmed this. PUBLIC COMMENTS - NOWAGENDIZED ITEMS - 3 MINUTES None. REDEVELOPMENT AGENCY CALL TO ORDER - 4:00 PM Vice Chair Bhutta opened the Redevelopment Agency portion of the Joint Study Session at 4:35 p.m. ROLL CALL Roll call stood as previously stated for the City Council meeting. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 27, 2009 Page 14 of 16 CONSENT CALENDAR There was no one who wished to speak regarding a Consent item. (2) Approval of Redevelopment Agency Minutes NO QUESTIONS / COMMENTS Recommendation: Approve the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency September 22, 2009 (b) Redevelopment Agency Regular Meeting October 13, 2009 (3) Warrant List Dated October 15. 2009 NO QUESTIONS / COMMENTS Recommendation: Authorize payment of Warrant List dated October 15, 2009. (4) Investment Report -September 2009 NO QUESTIONS/ COMMENTS Recommendation: Receive and file. PUBLIC HEARING(S) None. BUSINESS ITEM(S) None. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 27, 2009 Page 15 of 16 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES None. CLOSED SESSION There was no one who wished to speak to a RDA Closed Session item. Agency Counsel Leibold gave an overview of the Redevelopment Agency Closed Session item. RDA 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 2) CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 2 cases ADJOURNMENT The Redevelopment Agency completed the business before them at 4:36 p.m. and adjourned the meeting back to the City Council to complete their meeting and adjourn to the Closed Session meeting scheduled to be held at 5:00 p.m. CITY COUNCIL CLOSED SESSION There was no one who wished to speak to a City Council Closed Session item. City Attorney Leibold gave an overview of the City Council Closed Session item. Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of October 27, 2009 Page 16 of 16 1) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9) Voters Against Lake Street Market vs. City of Lake Elsinore (Riverside Superior Court Case No.RIC528604) ADJOURNMENT The City Council and the Redevelopment Agency completed the business before them at 4:37 p.m. and both adjourned to the Closed Session meeting scheduled to be held at 5:00 p.m. The Lake Elsinore Redevelopment Agency and the City Council will adjourn to a regular meeting to be held on Tuesday, November 10, 2009, at 5:00 p.m. in the Cult ter located at 183 N. Main Street, Lake Elsinore, CA 92530. Robert E. Mage City of Lake Elsi Amy-fffiutta, RD Vice Chair City of Lake Elsinore, California Debora Thomsen, CMC City Clerk / Redevelopment Agency Secretary Lake Elsinore, California .d: AUGUST 1980