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HomeMy WebLinkAbout03-09-2010 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, MARCH 9, 2010 . CALL TO ORDER Mayor Melendez called the meeting to order at 7:00 pm. PRESENT: Mayor Melendez, Mayor Pro Tern Bhutta, Council Member Buckley Council Member Hickman, Council Member Magee. ABSENT: None. Also present included: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics / Parks and Recreation Director Kilroy, Information / Communications Manager Dennis, Police Chief Cleary, Fire Chief Hendershot and Interim City Clerk Cowley. PLEDGE OF ALLEGIANCE Mayor Melendez invited the Boy Scout Honor Guard to lead the audience in the pledge of allegiance. INVOCATION - MOMENT OF SILENT PRAYER The Mayor led the audience in a moment of silent prayer. CLOSED SESSION REPORT I a. Conference with Legal Counsel - Existing Litigation Subdivision (a) of Gov't Code § 54956.9) Michel Knight vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC 10001036). City Attorney Leibold announced there was one case regarding litigation discussed during Closed Session and there was no reportable action. Regular City Council Meeting Page 2 of 11 March 9, 2010 PRESENTATIONS/CEREMONIALS Mayor Melendez presented a Proclamation to several different Boy Scout Troops in celebration of their 100th Anniversary. El Wolfslau, Boy Scout Troop Leader for Troop 604 of Lake Elsinore thanked Mayor Melendez for supporting the Boy Scout's 100 year Anniversary. Mayor Melendez introduced Irene Travato the Leader representing Girl Scout Troop 1124. Irene Travato, Girl Scout Troop Leader for Troop 1124 of Lake Elsinore presented an Appreciation Plaque to Mayor Melendez for her support and assistance towards the Girl Scouts of America. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Thomas Vose spoke of the Lake Elsinore Mobile Library. He indicated the mobile library is capable of checking out materials, researching materials via data bases or the internet, and has the capability to sign up for library cards and place holds on any materials at any Riverside or San Bernardino County Library. The Mobile Library will be taken to different areas in the community. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None CONSENT CALENDAR It was moved by Council Member Magee and seconded by Council Member Hickman to approve Consent Calendar Items No. 2 through 6 and 9 through 11 and Continue Item No. 12. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None 2. Approval of City Council Minutes Recommendation: Approve the following minutes: a. City Council / Redevelopment Agency Session Minutes of February 9, 2010. Regular City Council Meeting Page 3 of 11 March 9, 2010 b. Regular City Council Minutes of February 9, 2010. 3. Warrant List Dated February 25. 2010 Recommendations: Authorize payment of Warrant List dated February 25, 2010. 4. Consideration of Resolution Reciting the Fact of the Special Recall Election Held on February 23, 2010 and Declaring the Result Thereof Recommendation: (1) Adopt Resolution No. 2010-011 Reciting the Facts of the Special Recall Election held on February 23, 2010, Declaring the Results and such other matters as may be provided by law; (2) Direct the City Clerk to enter on the records of the City Council, a statement declaring that as a result of the election a majority of the voters voting on the measure relating to the recall of Thomas Buckley did not vote in favor of the recall. 5. Construction of Machado Park Landscape Improvements and Installation of a New Restroom - Notice of Completion Recommendation: Authorize the Mayor to execute the Notice of Completion and have the City Clerk file the Notice of Completion with the County of Riverside. 6. Construction of Gravel Road Paving FY 2009/10 - Notice of Completion Recommendations: Authorize the Mayor to execute the Notice of Completion and have the City Clerk file the Notice of Completion with the County of Riverside. 7. Use of Proposition 1 B funds for Pavement Rehabilitation of City Streets Recommendations: (1) Approve the use of Proposition 1 B funds for the pavement repair of Sumner Avenue from Main Street to Chaney Street, and Heald Avenue from in Street to Chaney Street; and (2) Approve the use of Proposition 42 funds for the design of the reconstruction of Sumner and Heald. Mount San Jacinto Community College Demonstration Go-Pass Program Recommendations: That the City Council authorize the City Manager to enter into an agreement with the Riverside Transit Agency for funding of the GO-Pass Program at MSMC for the 2010-11 academic year. Regular City Council Meeting Page 4 of 11 March 9, 2010 9. A Resolution of the City Council of the City of Lake Elsinore, California to Support the United States Census - Make Yourself Count Month March 2010 Recommendations: That the City Council authorize the City Manager to enter into an agreement with the Riverside Transit Agency for funding of the GO-Pass Program at MSMC for the 2010-11 academic year. 10. Extension of Term for Interim City Clerk's Personal Services Contract Recommendations: That the City Council authorizes an amendment to the Personal Services contract with Ms. Cowley extending the term of the contract to May 15, 2010 in such form as may be approved by the City Attorney. 11. Agreement for Legal Service Concerning Trust of Darwin Rogers Recommendations: That the City Council authorizes the City Manager to execute the attached legal representation agreement with the law firm of Reynolds, Jensen & Swan LLP related to the Darwin Rogers Trust subject to any minor modifications as may be approved by the City Attorney. 12. Exclusive Use Agreement for the Dr. Sharron Lindsay Community Center Recommendations: Approve the Exclusive Use Agreement and authorize the City Manager to execute the agreement. Mayor Melendez requested to have Items No. 7 & 8 pulled from the Consent Calendar for further discussion. ITEMS PULLED FROM THE CONSENT CALENDAR 7. Use of Proposition 1 B Funds for Pavement Rehabilitation of City Streets Recommendations: (1) Approve the use of Proposition 1 B Funds for the pavement repair of Sumner Avenue from Main Street to Chaney Street, and Heald Avenue from Main Street Chaney Street; (2) Approve the use of Proposition 42 Funds for the design of the reconstruction of Sumner and Heald. Mayor Melendez advised the public of the pavement repairs which would commence sometime around June 2010. Regular City Council Meeting Page 5 of 11 March 9, 2010 8. Mount San Jacinto Community College Demonstration Go-Pass Program Recommendations: It is recommended that the City Council authorize the City Manager to enter into an agreement with the Riverside Transit Agency for funding of the GO-Pass Program at MSJC for the 2010-11 academic year. Mayor Melendez advised the public of the GO-Pass Program through Mount San Jacinto Community College which would allow registered students to utilize any Riverside Transit Agency (RTA) bus for free of charge. 12. Exclusive Use Agreement for the Dr. Sharron Lindsay Community Center Recommendations: Approve the Exclusive Use Agreement and authorize the City Manager to execute the agreement. This item was pulled and continued off calendar. PUBLIC HEARINGS There are none. APPEALS There are none. BUSINESS ITEM(S) 13. Communitv Facilities District No. 2009-1 - Recommendations: That the City Council adopt Ordinance No. 1273 authorizing the Levy of a Special Tax within CFD No. 2009-1 as introduced and title read at the meeting of February 23, 2010. Director of Administrative Services Riley provided a brief overview of the project to the Council. Mayor Melendez asked City Clerk Cowley if anyone had requested to speak on this item. There being no further discussion, Mayor Melendez brought the discussion back to the dais for Council Members comments. Council Member Hickman advised the public that this would be applied to the Pardee Homes which would allow a park and dog park that would be paid for the homeowners. Regular City Council Meeting Page 6 of 11 March 9, 2010 It was moved by Council Member Hickman and seconded by Council Member Magee to approve Community Facilities District No. 2009-1 - Read by title only and adopt Ordinance No. 1273. The title of the ordinance was read into the record. The motion unanimously carried by the roll-call vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None 14. An Ordinance of the City Council of the City of Lake Elsinore, California, Amending Recommendations: Waive further reading and introduce by title only Ordinance No. 1274 amending Chapter 5.48, Sections 5.48.9010, 5.48.020, 5.48.030, 5.48.040, 5.48.110 and 5.48.210 of the Lake Elsinore Municipal Code Regarding bingo. City Attorney Leibold advised the City Council that this is the introduction of Ordinance No. 1274 which would amend the City's Municipal Code with respect to Bingo. She stated it would allow non-profit organizations to meet specific qualifications to be licensed and conduct Bingo in multiple locations. Mayor Pro Tern Bhutta asked if the City would be responsible to issue the business license and if there would be a fee. City Attorney Leibold advised Mayor Pro Tern Bhutta that the City would issue a Bingo license, however she did not know of any fees. Mayor Melendez advised the public that the American Legion requested to have the City's code brought up to date with the current State code regarding Bingo. It was moved by Council Member Buckley, and seconded by Mayor Pro Tern Bhutta to introduce by title only Ordinance No. 1274 amending chapter 5.48, Sections 5.48.9010, 5.48.020, 5.48.030, 5.48.040, 5.48.110 and 5.48.210 of the Lake Elsinore Municipal Code Regarding bingo. The title of the ordinance was read into the record. The motion unanimously carried by the roll-call vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None 15. Annual Financial Reports for the Fiscal Year Ending June 30. 2009 Recommendations: Receive and file. Director of Administrative Services Riley provided an overview of the project to Council. Council Member Buckley asked if it would be necessary to change the auditor every three to seven years. Regular City Council Meeting March 9. 2010 Page 7 of 11 Director of Administrative Services Riley replied by saying, that is correct. Council Member Hickman expressed that last years budget did not include any funds the water and felt that the City would be safe because of the heavy rains this year, however, suggested continuing to look towards the future for those funds. 16. Report on the Mid-Year Status of the FY 2009-10 Budget Recommendations: The net deficit of revenue decrease and expenditure reductions (including the decrease in the transfer out to the capital fund) is $1,142,500. As noted above, staff is recommending using the "saving" from the prior year Supplemental Revenue Fund of $897,340 and an additional $245,160 from the fund to cover the shortfall. This would leave a balance of $1,395,540 in the "Rainy Day" Fund. Director of Administrative Services Riley provided the staff report to the City Council. Council Member Hickman advised the public of a comparison of how many building permits were issued a couple of years ago compared to today and how the city's is working on the next fiscal year's budget. Mayor Pro Tern Bhutta commended staff for coming up with the extra money and asked how that happened. Director of Administrative Services Riley replied by saying the City had savings in the General Law Enforcement area and also was able to reduce the overtime hours, and jail access fees. Council Member Magee noted that the City Council began to take a more aggressive approach with the budget as they saw the revenues beginning to decline. He stated, while preparing this budget Council looked at potential reduction of 8% in property taxes. He stated, after confirming with the County, they recommended between 10 to 11 He stated the actual number came in at 17% which he stated was un-heard of. He stated the City has been hit extremely hard, and it is not staffs fault, but the economy. Council Member Buckley agreed that all staff members have done very well including the mandated furloughs. Mayor Melendez indicated that she had a chance to look at the numbers of un- employment. She stated in February 2010 nationally the un-employment rate was 9.7% and in January the un-employment in Lake Elsinore was 13.9%. She noted there would continue to be a decrease for some time however it is not the fault of staff. She asked City Manager Brady if staff has thoroughly looked through the Police budget. Regular City Council Meeting Page 8 of 11 March 9, 2010 City Manager Brady replied by saying staff meets on a monthly basis including the Police Chief, Director of Administrative Services, staff, and himself. He stated everything is looked at, including where the money is being spent. He noted the savings in overtime. Mayor Melendez stated she noticed in the budget that mileage hasn't changed and has staff considered adjusting that figure. City Manager Brady replied by saying the figure is based on the amount of miles that has been paid and has not changed the figure. Mayor Melendez pointed out that there are minor changes between the City and the County's description of services and asked why. Police Chief Cleary replied by saying the City is contracting through the Riverside County Sheriffs Department. He indicated not only is the City being charged for Police but also for policing the lake, and traffic accident investigators. He stated it is only an estimate. He stated the department has been very fortunate not to have the significant number of incidents and what other resources would be necessary, such as homicides which generate an increase in costs. He stated in terms of the mileage, the vehicles are leased from the County, and how the County recoups the costs, are through the mileage, and staff does there best to meet the estimate. Mayor Melendez thanked Council Members Magee, Hickman and Buckley for helping put money away for the future. She stated she is not comfortable dipping into the reserves as indicated in the staff report. It was moved by Council Member Magee and seconded by Mayor Pro Tern Bhutta to use the "saving" from the prior year Supplemental Revenue Fund of $897,340 and an additional $245,160 from the fund to cover the shortfall. The motion carried by a 4 to 1 vote as follows: AYES: Buckley, Magee, Hickman and Mayor Pro-Tem Bhutta. Noes: Mayor Melendez. The City Council recessed and convened to the Redevelopment Agency at 7.43 p.m. The City Council reconvened at 7:48 p.m. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Wayne Williams provided the City Council with an update status regarding the Medical Marijuana Dispensary Town Hall Meeting. Regular City Council Meeting Page 9 of 11 March 9, 2010 CITY MANAGER COMMENTS City Manager Brady commented on the following: • Wednesday, March 9, 2010 at Flour Fusion the Java Jive from 8:00 a.m. to 9:30 a.m. He indicated the event would office additional network opportunities beside the monthly mixers to business members. • Saturday, March 13, 2010 would be the Walk to Cure Diabetes from 8:00 a.m. at the Diamond Stadium. • Thursday, March 18, 2010 would be the EWDC Luncheon from 11:30 a.m. to 1:00 p.m. at the Diamond Club at the Diamond Stadium, which would include a conversation with Mayor Melendez. • Friday, March 19, 2010 would be the 5th Annual TIP Golf Tournament from 11:00 a.m. to 7:30 p.m. at the Links at Summerly. The proceeds would go to support Citizens Helping Citizens in Crisis. • He reminded the public to complete their Census Report as it is very important to the City. • February 9th, 2010 the City Council considered an addendum to the Negative Declaration for the La Strada project, which was continued to the March 23, 2010 City Council meeting. He stated the property owner has requested the addendum be taken off calendar. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS No comments. CITY COUNCIL COMMENTS Council Member Magee commented on the following: • His concerns with the amount of money that is being spent on the consultants regarding the 1-15 / Railroad Canyon project. He requested to have either an information item or an item to authorize a full audit added to the next City Council Agenda. Regular City Council Meeting March 9, 2010 Page 10 of 11 • He advised the public that the County Grand Jury is now accepting applications for the next term. He stated in order to obtain an application, please contact Gail Sorsi at (951) 955-8990 or see the City's Clerk Department. Deadline to submit the application is April 16, 2010. • He advised that the trauma intervention program of Southwest Riverside County will hold there annual animal Golf Tournament at the Links at Summerly on Friday, March 19, 2010 at 11:00 a.m. Please call Gina at (951) 226-6793 or the Chamber of Commerce. • He wished former Council Member Fred Dominquez a Happy Birthday. Council Member Hickman commented on the following: • He requested the City to create an ordinance requiring all local employers to use E- Verifying System. He advised the Council that this system would establish penalties for those that violate the law. Mayor Pro Bhutta commented on the following: • She thanked the audience for their attendance and encouraged those to shop locally. • She advised the audience to take pride in the community by keeping yards clear of weeds and debris. Council Member Buckley commented on the following: • He thanked those who supported him during the Recall Election and he will continue to support the City of Lake Elsinore. Mayor Melendez commented on the following: • She reminded the audience that she would be available at the Flour Fusion Bakery located on Main Street. • She apologized to Council Member Hickman for her comment to him during the last City Council meeting. • She thanked all of the Scout Troops who attended the meeting. Regular City Council Meeting March 9, 2010 ADJOURNMENT Page 11 of 11 There being no further business to come before the Council, the meeting was adjourned at 7:56 p.m. to a regular meeting to be held on Tuesday, March 23, 2010 at 7:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530 California. MELISSA A. MELENDEZ, MAYOR CITY OF LAKE ELSINORE CAROL COWLEY, C CITY OF LAKE ELSI