HomeMy WebLinkAbout05-25-2010 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
...... TUESDAY, MAY 25, 2010
....................................... ..............................,
CALL TO ORDER — 7:00 P.M.
Mayor Melendez called the meeting to order at 7:04 p.m.
ROLL CALL
PRESENT: MAYOR MELENDEZ
MAYOR PRO TEM BHUTTA
COUNCIL MEMBER BUCKLEY
COUNCIL MEMBER MAGEE
ABSENT: COUNCIL MEMBER HICKMAN
Also present: City Manager Brady, City Attorney Leibold, Director of Administrative
Services Riley, Public Works Director /City Engineer Seumalo, Director of Lake and
Aquatics Kilroy, Information /Communications Manager Dennis, Police Chief Cleary, Fire
Chief Hendershot, RDA Analyst Carlson and Interim City Clerk Cowley.
PLEDGE OF ALLEGIANCE
Mayor Melendez invited Peter Dawson to lead the audience in the Pledge of Allegiance.
CLOSED SESSION
(1 a) Conference with Legal Counsel- Existinq Litigation
Pursuant to (Subdivision (a) of Gov't Code § 54956.9) Michel Knight vs. City of
Lake Elsinore (Riverside Superior Court Case No. RIC10001036)
(1b) Conference with Legal Counsel- Existing Litigation
Pursuant to (Subdivision (a) of Gov't Code § 54956.9) Darwin Roger Booster
Trust Dated 7/27/2005 (Riverside Superior Court Case No. RIP095857)
City Attorney Leibold announced that the City Council met during the closed session to
discuss two cases. The case of Michel Knight vs. City of Lake Elsinore is currently in
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May 25, 2010
the process of settlement negotiations however talks have staled. Council has
recommended holding a Public Hearing on June 8th 2010 for possible revocation of the
Conditional Use Permit. She indicated with regards to the case between Darwin Roger
Booster there is no reportable action.
PRESENTATIONS / CEREMONIALS
• Recognition of Brandon Cleary for Achieving Eagle Scout Rank
Mayor Melendez presented a Certificate of Recognition to Brandon Cleary for earning
his Eagle Scout Badge. Brandon Cleary is the son of Police Chief Cleary.
• Recognition of Police Officers Duane Parrish, Latisha Stamatelatos and Michael
Dean for Auto Theft Recovery Efforts.
Police Chief Cleary presented Certificates of Recognition to Officers Duane Parrish and
Latisha Stamatelatos for the recovery of over $300,000 worth of stolen vehicles.
Mayor Melendez thanked the Officers for all the effort on recovering the stolen vehicles.
• Recognition of all members of the United States Armed Forces, past and present, on
this Memorial Day, who have placed our Nation's safety before their own for
generations.
Mayor Melendez read the Proclamation for Memorial Day for all the members of the
armed forces who gave the ultimate sacrifice of their lives for our nation's freedom. She
requested the community to pay tribute to those whose lives were lost, by attending the
ceremony at the City's Cemetery at 10:00 a.m. on Memorial Day.
PUBLIC COMMENTS
Sue Rebar advised the City Council and community of an upcoming fund raiser called
"Jazz & Blues on the Green" to be held on June 19th at the Links at Summerly. She
stated the event is to help raise money for the individuals while serving in the armed
forces who are returning from Iraq or Afghanistan.
Peter Dawson representing the US Coast Guard advised the community about Safe
Boating Week and to put safety first by wearing a life jacket, never operate a boat while
under the influence of alcohol or drugs, to participate in a safety boating course and
have a free vessel safety check.
Donna Franson advised the City Council and the community of an upcoming Citizen's
Community Meeting to be held on Thursday May 27th at 7:00 p.m. at the Tuscany Hills
Recreation Center. The meeting will be held to discuss the potential closing of the two
local hospitals and requested those who are interested to attend to show their support.
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May 25, 2010
Page 3
Greg Morrison representing Elsinore Valley Municipal Water District provided a brief
update of the sewer project. He stated the repairs along Spring Street at the
intersection of Heald & Sumner should be completed in about 45 days.
Rick Bishop representing Western Riverside Council of Government (WRCOG) advised
the City Council and community of their 1gth annual General Assembly event to take
place on Thursday, June 24, 2010 at the Morongo Resort & Casino. He stated those
interested in attending the event may register on line at www.wrcog.cog.ca.us.
CONSENT CALENDAR
(2) Approval of City Council Minutes
Recommendation: Approve the following minutes:
(a) Regular City Council Meeting of April 27, 2010
(b) Joint City Council /Redevelopment Agency Meeting of May 11, 2010
(3) Warrant List Dated May 13, 2010
Recommendation: Authorize payment of Warrant List dated
May 13, 2010.
(4) Investment Report —April 2010
Recommendation: It is recommended the City Council receive and file.
(5) Consideration of T.A.G.R.S. Service Level Agreement Riverside County Sheriffs
Department, Technical Service Bureau
Recommendation: Approved and authorize the City Manager to execute
T.A.G.R.S. Service Level Agreement with the Riverside County Sheriffs
Department, Technical Service Bureau.
(6) Consideration of Authorization for the City Manager to Modify and Existing
Contract with ESA for the Preparation of an Environmental Impact Report
Addendum for the Canyon Hills Specific Plan Amendment No 3
Recommendation: It is recommended the City Council authorize the City
Manager to enter into a contract with ESA for a new total amount estimated at
$73,000.
(7) Consideration of CC &R's Annual Consumer Price Index Increase
Recommendation: It is recommended that the City Council receive and file.
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May 25, 2010
(8) Consideration of Third Amendment to Janitorial Services Contract with A&A
Janitorial Services
Recommendation: It is recommended that the City Council approve the Third
Amendment to Services Contract with A&A Janitorial Services.
Mayor Melendez pulled Item No. 5 from the Consent Calendar for discussion.
It was moved by Council Member Magee and seconded by Mayor Pro Tern Bhutta to
approve Consent Calendar Items 2 through 4 and 6 through 8. The motion
unanimously carried by the following vote: Ayes: Council Members: Buckley, Magee,
Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None. Absent: Hickman
ITEMS PULLED FROM THE CONSENT CALENDAR
(5) Consideration of T.A.G.R.S. Service Level Agreement Riverside County Sheriffs
Department, Technical Service Bureau
Recommendation: Approve and authorize the City Manager to execute
T.A.G.R.S. Service Level Agreement with the Riverside County Sheriffs
Department, Technical Service Bureau.
Mayor Melendez requested Information /Communications Manager Dennis to provide a
brief report.
Information /Communications Manager Dennis provided a brief summary to the City
Council of what the program has to offer and how it works.
Mayor Melendez asked if any other cities are currently using the program.
Information /Communications Manager Dennis responded by saying several cities in
Orange County and Los Angeles County are using the program. He also indicated that
the City of Wildomar is considering the program. He stated the cost of the program
would be paid through a Grant and therefore would be at no cost to the City.
It was moved by Mayor Melendez and seconded by Council Member Buckley to
approve and authorize the City Manager to execute the T.A.G.R.S. Service Level
Agreement with the Riverside County Sheriff's Department, Technical Service Bureau.
The motion unanimously carried by the following vote: Ayes: Council Members:
Buckley, Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None. Absent:
Hickman.
City Council Meeting
May 25, 2010
PUBLIC HEARING(S)
None
APPEAL(S)
There are none.
BUSINESS ITEM(S)
(9) Discussion to Reconsider Temporary TUMF Reduction
Page 5
Recommendation: It is recommended that the City Council: (1) receive and file
the report and take no action to adopt the revision to the City's TUMF ordinance;
or (2) direct Staff to prepare a resolution for City Council consideration
establishing a revised fee schedule applicable under the Western Riverside
County Transportation Uniform Mitigation Fee (TUMF) Program identifying the
temporary TUMF reduction.
Director of Public Works /City Engineer Seumalo provided a brief overview of the issue
to City Council.
Mayor Melendez opened the floor to discussion either for or against the project.
Mark Knorringa representing Building Industry Association Riverside County (BIA)
spoke in favor of the reduction. He stated the purpose of this reduction was an effort to
stimulate the economy and put people back to work. He hoped Council would
reconsider the reduction.
Dave Garrison representing Marinita Development Company spoke in favor of the
reduction. He indicated that any reduction in the costs would help out considerably and
encouraged the City Council to reconsider the temporary reduction.
Nam Joe representing Richmond American Homes spoke in favor of the reduction. He
indicated that his company recently acquired 350 home sites and he felt this reduction
would benefit his company. Mayor Melendez asked whether his company was ready to
pull permits if the proposal passed. He stated this reduction would speed up the pace
for pulling the required building permits.
Council Member Magee asked him what the difference would be should Council not
approve the reduction in the TUMF fees. Mr. Joe responded by saying it would be
difficult to estimate; however, he stated they are planning on pulling 60 permits by June.
Should the proposed reduction not pass, it could impact their business.
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May 25, 2010
Mayor Pro Tern Bhutta asked where the home sites were located. Mr. Joe responded
by saying 118 home sites are located in Rosetta Canyon and the remaining are in
Canyon Hills.
Hardy Strozier representing Castle & Cooke spoke in favor of the temporary reduction in
the TUMF fees. He stated it was very important to Castle & Cooke to have the Council
reconsider this temporary reduction as it would have a significant & positive impact on
development.
Ed Fitzpatrick representing the Shopoff Group addressed Council stating that while he
encouraged the reduction, he wasn't sure that by reducing the fees it would help
stimulate the economy.
Angela Wilson representing K. Hovnanian Homes spoke in favor of the reduction. She
indicated by temporarily reducing the TUMF fees it would provide additional money to
purchase land for future development. She encouraged Council to consider the
temporary reduction of the fees.
Council Member Buckley indicated that reducing the TUMF fees is extremely risky and
therefore he cannot support the reduction.
Mayor Melendez asked if a majority WRCOG member supported the 50% reduction.
Mr. Bishop responded by saying yes. He stated whatever the decision of the City
Council is; make sure there is a legal foundation.
Council Member Magee stated he would be in favor of supporting the reduction if it
would improve economic development. However, he could not get a clear answer if the
reduction would benefit the community. He stated if there was a nexus between cutting
the fee and economic development, then he would be in favor of it, however he does
not have that level of comfort. He suggested to Council to receive and file the item, but
allow new information to come back anytime.
Mayor Melendez requested the City Attorney to comment if the E- Verify could be used
and if it would be considered legal.
City Attorney Leibold indicated that she would need to research that question further.
Mayor Pro Tern Bhutta stated she appreciated the idea; however, she has not seen any
credible difference and is reluctant to support the temporary reduction.
Mayor Melendez indicated she understands the risks and is in full support of getting
people back to work, but the reduction would not be a guarantee that it would help.
Mayor Pro Tern Bhutta indicated she would like to use other cities as a comparison
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May 25, 2010
Mayor Melendez asked staff how much the City would lose in TUMF fees if they
approved the temporary reduction.
Public Works Director /City Engineer Seumalo responded by saying approximately
$600,000.
It was moved by Council Member Buckley and seconded by Council Member Magee to
receive and file the reconsideration for temporary TUMF reduction, allowing interested
parties to present to staff credible information concerning increased permit activity in
communities that have reduced their TUMF with a nexus to the City. The motion
unanimously carried by the following vote: Ayes: Council Members: Buckley, Magee,
Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None. Absent: Hickman
The City Council recessed and convened to the Redevelopment Agency at 8:21 p.m.
The City Council reconvened at 8:23 p.m.
PUBLIC COMMENTS — NON- AGENDIZED ITEMS
Chris Hyland resident of the City spoke of using the City issued phones for personal
calls, which she observed while reviewing the City's cell phone invoices. She further
stated she recently found that there is no City cell phone policy currently established
and suggested to the City Council to adopt a policy prohibiting non -city business calls
on city issued cell phones.
CITY MANAGER COMMENTS
City Manager Brady commented on the following:
• Thursday, May 27th, there would be a Special meeting of the City Council from 5:00
p.m. to 7:00 p.m. to discuss FY 2010 -2011 Budget at the City's Cultural Center
which is open to the public
• Monday, May 31St there would be a Memorial Day Community Service held at the
Elsinore Valley Cemetery from 10:00 a.m. to 11:30 a.m. located on Collier Avenue.
• Tuesday, June 1St would be the Student of the Year Dinner held at Sizzler
Restaurant on Casino Drive from 5:30 p.m. to 7:30 p.m. He indicated the event is to
recognize the seven students from the LEUSD celebrating their outstanding efforts.
• Saturday, June 5th there would be the Just 4 Kids Fishing Derby held at the Lake
Elsinore Levee (Diamond Stadium) from 7:30 a.m. to 10:30 a.m. For further
information please call (951) 245 -0442.
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May 25, 2010
Page 8
• Saturday, June 5th would be the Household Hazardous Waste Collection Event
which is free to City and County residents. The location for dropping off the waste is
at the City's Public Work's Yard located at 521 N. Langstaff Street in Lake Elsinore.
CITY ATTORNEY COMMENTS
No comments.
No comments.
CITY COUNCIL COMMENTS
Council Member Buckley congratulated Chief Cleary's son for his achievement of
earning his Eagle Scout Badge. He reminded the community of the Jazz and Blues on
the Green to be held on June 19th at the Links at Summerly. He advised the public that
members of the community that live in the area of Canyon Lake or parts of the City of
Riverside would be receiving ballots on Friday to join the Northwestern Vector Control
District.
Mayor Pro Tem Bhutta reminded the community to take a moment to recognize the real
purpose of Memorial Day. She updated the community of the dates fro the local
graduations in town and congratulated all the graduates.
Council Member Magee spoke on the topic Ms. Hyland brought to the City Council's
attention. He reminded the staff to update the policy manual to include a City cell phone
policy. He recognized the City staff members in the Public Works Department for
applying for a $103,000 grant through SB821 which was for pedestrian walk -ways. This
grant would help provide a necessary sidewalk at Grand and Riverside Drive. He spoke
of the loitering activity along Main Street and advised the community that the City
Council is aware of the situation and is currently working with the local law enforcement
officials and EVMWD. He spoke about the City's current budget and how the City will
have the first budget meeting for FY 2010 -2011 to try to narrow the City's significant
budget deficit. He recognized the City's Chamber of Commerce for the new City map
which is available at the Chamber of Commerce.
Mayor Melendez concurred with Council Member Magee's comments regarding the day
labors loitering along Main Street and advised the community that the Council is aware
of the issue. She indicated on Friday she would be meeting with an organization called
Labor Ready who can provide legal workers and eventually get the illegal workers off
the streets. She noted Mr. Fitzpatrick wishing to address the City Council. Mr.
Fitzpatrick spoke briefing of how his father served in the Navy and expressed to the
Council that everyday he appreciates the people who have lost their lives while serving
in the armed forces.
City Council Meeting
May 25, 2010
ADJOURNMENT
Page 9
There being no further business to come before the Council the meeting was adjourned
at 8:40 p.m. to a regular meeting to be held on Tuesday, June 8, 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
W
CAROL COWLEY, INTER CITY CLERK
CITY OF LAKE ELSINOR