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HomeMy WebLinkAbout05-11-2010 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 11, 2010 ............................................................................. ............................... . CALL TO ORDER Mayor Melendez called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA COUNCIL MEMBER HICKMAN COUNCIL MEMBER MAGEE ABSENT: COUNCIL MEMBER BUCKLEY Also present: City Manager Brady, City Attorney Engineer Seumalo, Director of Lake and Aquatics Manager Dennis, Police Chief Cleary, Fire Chief Cowley. PLEDGE OF ALLEGIANCE Leibold, Public Works Director /City Kilroy, Information /Communications Hendershot and Interim City Clerk Mayor Melendez invited Mr. Franson to lead the audience in the Pledge of Allegiance. CLOSED SESSION la. Public Employment (Gov't Code § 54957): City Clerk 1 b. 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. RIC10001036) 1c. Conference with Legal Counsel - Existing Litigation (Subdivision (a) of Gov't § 54956.9) Darwin Rogers Booster Trust dated 7/27/2005 (Riverside Superior Court Case No. RIP095857) Regular City Council Study Session May 11, 2010 Page 2 of 9 City Attorney Leibold announced there were three items discussed during closed session. She indicated Item 1a is also on the Consent Calendar concerning the contract for the Interim City Clerk. With regards to the other two Closed Session items, there is no reportable action. PRESENTATIONS / CEREMONIALS • Proclamation Acknowledging May as Mental Health Month Mayor Melendez proclaimed May as Mental Health Month. Ms. Gloria Hernandez, a Riverside County Mental Health Department Board Member and volunteer accepted the Proclamation for "May as Mental Health Month ". • Proclamation Acknowledging the Week of May 16 -22 2010 as National Public Works Week Mayor Melendez proclaimed May 16 through 22, 2010 as National Public Works Week. Public Works Director /City Engineer Seumalo and Public Works Manager Payne presented Mayor Melendez with a Public Works safety vest and provided a brief summary of the responsibilities of the Public Works Department. PUBLIC COMMENTS Chris Hyland, resident of the City presented an article to the City Council from the Palm Springs Newspaper that spoke highly of Lake Elsinore's efforts in cleaning the lake. Donna Franson, representing the Lake Elsinore Citizens Community advised the City Council of a quarterly meeting to be held on May 27th at 7:00 p.m. at the Tuscany Hills Community Center discussing the lack of Federal funding and the potential closing of the two hospitals in the area. Tom Rogers, representing the Mid Empire Republican Assembly invited the City Council, staff and the public to attend the first meeting in Lake Elsinore to be held on May 21St at the Links at Summerly at 6:00 p.m. CONSENT CALENDAR 2. Approval of City Council Minutes Recommendation: Approve the following minutes: a. City Council / Redevelopment Agency Joint Study Session Minutes of April 27, 2010 Regular City Council Study Session Page 3 of 9 May 11, 2010 3. Warrant List Dated April 29 2010 Recommendation: Authorize payment of Warrant List dated April 29, 2010. 4. Consideration of Exclusive Use Agreement for the Dr. Sharron Lindsay Community Center. Recommendation: It is recommended the City Council approve the Exclusive Use Agreement and authorize the City Manager to execute the agreement. 5. Consideration of Extension of Term for Interim City Clerk's Personal Services Contract Recommendation: It is recommended that the City Council (1) approve the Personal Services Contract with Ms. Cowley which provides for a term until January 15, 2011; and (2) authorize the City Manager to execute the contract, subject to any minor modifications as may be approved by the City Attorney. Mayor Pro Tem Bhutta pulled Item No. 4 from the Consent Calendar for discussion. It was moved by Council Member Hickman and seconded by Mayor Pro Tem Bhutta to approve Consent Calendar Items 2 through 3, and 5. The motion unanimously carried by the following vote: Ayes: Council Members: Hickman, Magee, Mayor Pro Tem Bhutta and Mayor Melendez. Noes: None. Absent: Buckley ITEMS PULLED FROM THE CONSENT CALENDAR 4. Consideration of Exclusive Use Agreement for the Dr. Sharron Lindsay Community Center. Recommendation: It is recommended that the City Council approve the Exclusive Use Agreement and authorize the City Manager to execute the agreement. Mayor Pro Tem Bhutta advised the public that she has received many emails regarding this facility expressing support of the agreement for the use of the center. She suggested staff work on a master agreement to include all of the City's facilities. It was moved by Mayor Pro Tem Bhutta and seconded by Council Member Hickman to approve the Exclusive Use Agreement. The motion unanimously carried by the following vote: Ayes: Council Members: Hickman, Magee, Mayor Pro Tem Bhutta and Mayor Melendez. Noes: None. Absent: Buckley. Regular City Council Study Session May 11, 2010 PUBLIC HEARING(S) Page 4 of 9 6. Consideration of Mitigated Negative Declaration No 2008 -09 Tentative Parcel Map No. 35819. and Industrial Design Review No. 2008 -01 for Collier Avenue Automotive Center. Recommendation: It is recommended the City Council: (1) adopt Resolution No. 2010 -019 Adopting Findings of Consistency with the Western Riverside Multiple Species Habitat Conservation Plan; (2) Adopt Resolution No. 2010 -020 approving Mitigated Negative Declaration No. 2008 -09; (3) adopt Resolution No. 2010 -021 approving Tentative Parcel Map No. 35819; and (4) adopt Resolution No. 2010 -022 approving Industrial Design Review No. 2008 -01. Mayor Melendez opened the Public Hearing at 7:17p.m. Planning Consultant Coury provided the Council with an overview of the project. He indicated the applicant is in the audience to answer any questions the Council may have. Mayor Melendez asked if any written correspondence has been received pertaining to this item. City Clerk Cowley responded by saying no written correspondence had been received. Mayor Melendez asked if anyone wished to speak either for or against the project. There being no requests to speak, Mayor Melendez closed the Public Hearing at 7:20 p.m. Council Member Hickman indicated he liked the colors and was impressed with the project. Mayor Pro Tem Bhutta asked if it would be necessary to haul any dirt or fill from the project site. Planning Consultant Coury replied that the developer would use the dirt that was on site. It was moved by Council Member Magee and seconded by Council Member Hickman to approve Resolution No. 2010 -019 of the City Council of the City of Lake Elsinore Adopting Findings of Consistency with the Western Riverside Multiple Species Habitat Conservation Plan. The motion unanimously carried by the following vote: Ayes: Council Members: Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None. Absent: Buckley. Regular City Council Study Session Page 5 of 9 May 11, 2010 It was moved by Council Member Magee and seconded by Council Member Hickman to approve Resolution No. 2010 -020 of the City Council of the City of Lake Elsinore to approve Mitigated Negative Declaration No. 2008 -09. The motion unanimously carried by the following vote: Ayes: Council Members: Hickman, Magee, Mayor Pro Tem Bhutta and Mayor Melendez. Noes: None. Absent: Buckley. It was moved by Council Member Magee and seconded by Council Member Hickman to approve Resolution No. 2010 -021 of the City Council of the City of Lake Elsinore to approve Tentative Parcel Map No. 35819. The motion unanimously carried by the following vote: Ayes: Council Members: Hickman, Magee, Mayor Pro Tem Bhutta and Mayor Melendez. Noes: None. Absent: Buckley. It was moved by Council Member Magee and seconded by Council Member Hickman to approve Resolution No. 2010 -022 of the City Council of the City of Lake Elsinore to approve Industrial Design Review No. 2008 -01. The motion unanimously carried by the following vote: Ayes: Council Members: Hickman, Magee, Mayor Pro Tem Bhutta and Mayor Melendez. Noes: None. Absent: Buckley. APPEAL(S) There are none BUSINESS ITEM(S) 7. Second Reading — Ordinance No 1275 of the City Council of the City of Lake Elsinore. California. amending Chapter 8.44 of the Lake Elsinore Municipal Code Regarding Bowfishing Recommendations: It is recommended the City Council waive further reading and adopt by title only Ordinance No. 1275 Adopting Section 8.44.055 Bowfishing for carp on Lake Elsinore. Mayor Melendez asked the City Clerk if she received any requests to speak on the item. City Clerk Cowley replied she had no requests to speak. It was moved by Mayor Pro Tem Bhutta and seconded by Council Member Hickman to waive further reading and adopt by title only Ordinance No. 1275. The motion unanimously carried by the roll -call vote: Ayes: Council Members: Hickman, Magee, Mayor Pro Tem Bhutta and Mayor Melendez. Noes: None. Absent: Buckley. Regular City Council Study Session May 11, 2010 Page 6 of 9 8. Consideration of (1) Utilization of E- Verify Program within the City of Lake Elsinore; and (2) an Ordinance of the City Council of the City of Lake Elsinore, California Adding Chapter 5.30 of the Lake Elsinore Municipal Code Regarding Employment of Undocumented Workers. Recommendations: It is recommended the City Council may wish to consider the following alternatives: (1) Receive and file the staff report; (2) Direct staff to review, research and study the use of E- Verify for City vendors and contractors and /or the impacts of mandating the E- Verify Program on all employers and report back to the City Council in 90 days; (3) Direct the City Manager to implement procedural changes to the City's hiring process and use E- Verify Program; and (4) Adopt an ordinance with such revisions as may be determined by the City Council and that the following motion be made: Waive further reading and introduce by title only an ordinance adding Chapter 5.30 of the Lake Elsinore Municipal Code regarding employment of undocumented workers. City Attorney Leibold provided an overview of the project to the Council. Mayor Melendez asked if anyone wished to speak in favor or against this project. Council Member Hickman stated he requested this item be added to the agenda to make sure employers doing business in the City check potential workers to determine that they are within lawful status. He wanted to prevent Lake Elsinore from becoming a sanctuary city, and felt every business should check to make sure the employee is a legal citizen. Mayor Pro Tern Bhutta indicated she contacted the City of Lancaster, which is the only city in the State of California using the E- Verifying system. She stated the City of Lancaster makes every employer sign a waiver stating they would use E- Verify, however do not police the businesses to ensure it. Her concerns were the capability of enforcing the program which would take time and money and before making a decision, she would like to receive more information on the program before moving forward. Council Member Magee thanked Council Member Hickman for having this item brought before City Council. He spoke of his concerns regarding the cost that would be placed on the city in order to monitor the employers, and felt the funds should come from the Federal Government and not be City funded. He provided a draft letter addressed to President Obama which was read into the record and proposed staff be directed to send the letter to the President. He suggested having a similar letter sent addressed to Congressman Issa as well. He recommended having the item continued in order to allow staff to conduct further research and gather as much information as possible before moving forward. Mayor Melendez suggested having staff contact the City of Lancaster to gather as much information on this item as possible, continue having business owners use the 1 -9 forms Regular City Council Study Session Page 7 of 9 May 11, 2010 which is no cost to the City and table the item until further information is brought forward. Kim Cousins, President of the City's Chamber of Commerce concurred with Council and suggested having the item tabled and wait for additional feed back from staff. Council Member Hickman noted that the E- Verifying system is a means of helping employers check the legal status of employees. It was moved by Council Member Magee and seconded by Council Member Hickman to continue the item, direct staff to formulate a budget for the E- Verifying system, send letters to President Obama and Congressman Issa and solicit letters to the businesses in the City for their input. Ayes: Council Members: Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None. Absent: Buckley The City Council recessed and convened to the Redevelopment Agency at 7:47 p.m. The City Council reconvened at 8:53 p.m. PUBLIC COMMENTS — NON -AGENDIZED ITEMS Chris Hyland, resident of Lake Elsinore suggested allocating additional monies in the City's budget to allow three additional motorcycle police officers to patrol the school sites because of the speeding of vehicles in the area. Donna Franson, resident of Lake Elsinore requested assistance from City staff to provide her with the name and owner of an abandoned house in her neighborhood that has been vandalized, and expressed her concern with the safety of the neighborhood. Mayor Melendez advised Ms. Franson to speak with the City's Code Enforcement Manager who would be able to provide her with that information. CITY MANAGER COMMENTS City Manager Brady commented on the following: • Addressed the concerns of Ms. Hyland and indicated staff is working on applying for a grant which would provide funds for additional street sidewalks. • He advised Ms. Franson that he would follow up with city staff on her concerns of the vacant home in her neighborhood. • Wednesday, May 12th the Java Jive would be held at the Flour Fusion Bakery from 8:00 a.m. to 9:00 a.m. and coffee with the Mayor from 9:00 a.m. to 10:00 a.m. Regular City Council Study Session May 11, 2010 Page 8 of 9 • Friday, May 14th would be the Cops for Kids Golf and BBQ luncheon. The cost for the event would be $115.00 per person. • May 14th, 17th, 20th, and 21St the Orange County Fire Authority would be having their training exercise and advised the public that it would not have any affect on lake activities. • Thursday, May 20th the EDC luncheon would be held at the Diamond Club and the guest speaker would be County Supervisor Bob Buster. LEGAL COUNSEL COMMENTS No comments. CITY COUNCIL COMMENTS Council Member Magee addressed the concerns of Ms. Hyland and Ms. Franson and thanked them for their comments. He advised the Council that the Director of Transportation observed the traffic situation nearby the school and implemented moving forward immediately for a safer situation. He requested the City Council consider an extension of the recruitment period two week for the two upcoming Planning Commissioner seats in order to allow additional public involvement. Council Member Hickman thanked Evan Brown Mortuary for providing the cake for the Senior Center's Birthday. He advised the public that he attended the Prom for the mentally and physically handicap and indicated he was delighted to attend and how much fun he had. He thanked Tim Fleming, the Youth Court and Shawn Slater for their help with the clean up in the community and advised the public of the City wide clean sponsored by CR &R to be held on Saturday, from 6:30 a.m. to 12:30 p.m. Mayor Pro Tem Bhutta thanked Ms. Hyland and Ms. Franson for all their input. She advised the public of the emails she has received regarding the closure of Spring Street due to the construction. She indicated the closure is for the protection of the community and the closure would remain closed for an additional four to five months. She advised the public that Minthorne is scheduled to be the next street for improvement and to plan accordingly. Mayor Melendez thanked the community for attending the City Council meeting and adjourned the meeting. Regular City Council Study Session May 11, 2010 ADJOURNMENT Page 9 of 9 There being no further business to come before the Council the meeting was adjourned at 8:10 p.m. to a regular meeting to be held on Tuesday, May 25, 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 MELENDEZ, MAYOR CITY OF LAKE ELSINORE In CAROL COWLEY, INTERI ITY CLERK CITY OF LAKE ELSINORE