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HomeMy WebLinkAbout06-08-2010 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA . TUESDAY, JUNE 8, 2010 . CALL TO ORDER - 7:00 P.M. Mayor Melendez called the meeting to order at 7:02 p.m. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA COUNCIL MEMBER BUCKLEY COUNCIL MEMBER HICKMAN COUNCIL MEMBER MAGEE ABSENT: NONE 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 Patrick Romero to lead the audience in the Pledge of Allegiance. CLOSED SESSION (1a) Conference with Labor Negotiator Pursuant to Subdivision (a) of Gov't Code § 54957.6 City Negotiator: City Manager Robert Brady; Employee Organization: Lake Elsinore Chapter of Laborer's International Union of North America, Local 777 (1 b) Conference with Legal Counsel-Existing Litigation Michel Knight vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10001036) City Council Meeting Page 2 June 8, 2010 (1c) 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) (1d) Conference with Legal Counsel-Existing Litigation Subdivision (a) of Gov't Code § 54956.9 R Side Medical, LLC, Carlos Stahl vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10010236) (1e) Conference with Legal Counsel-Existing Litigation Subdivision (a) of Gov't Code § 54956.9 regarding the Darwin Rogers Booster Trust dated 7/27/2005 (Riverside Superior Court Cast No. RIP095857) City Attorney Leibold announced of the items discussed during Closed Session. She indicated City Council is discussing terms of a settlement agreement pertaining to the Michel Knight vs. City of Lake Elsinore (Item 1b). She stated it was anticipated that it should be executed quickly and once the agreement has been executed, it would become public record. She recommended to City Council to continue Item No. 10 on the Agenda (Trevi Lanes) for two weeks. She stated the other items that were discussed during Closed Session had no reportable action. PRESENTATIONS / CEREMONIALS • Recognition of 2010 Student Interns in the Mayor's Internship Program. • Recognition of Patrick Romero for graduating from Annapolis Naval Academy. • Introduction of New Citizens Corps volunteers. Mayor Melendez introduced Helen Jeong with the Citizens Corp volunteers who introduced the new Citizens Corp volunteers. The Mayor introduced Patrick Romero who recently graduated from Annapolis Naval Academy. Council Member Magee provided a brief background of Mr. Romero's success and his goals that he has achieved. Mr. Romero provided a Certificate of Appreciation to Council Member Magee for all his support. Mayor Melendez provided Certificates of Recognition to all of the 2010 Student Interns and stated it was a pleasure working with all the students. PUBLIC COMMENTS Brenda Sanchez representing the Links at the Summerly Golf Course on behalf of "Welcome Home Troops" spoke of an event to be held on June 19th at the restaurant. She stated all the proceeds would be donated to the organization. City Council Meeting June 8, 2010 Page 3 Barbara Anderson with the NAACP spoke of an upcoming event which they are celebrating the signing of the Emancipation Proclamation. The event would take place at Yarbrough Park on June 26tH Ralph Zunker representing the American Legion Post No. 200 spoke of the successful Memorial Day event that was held at the City's Cemetery and asked the City Council for more involvement next year. George Alongi a resident of Lake Elsinore addressed his concerns of a recent article in the newspaper regarding the arrest of Michel Knight and the marijuana distribution in the community. He requested the Council consider not taking any funds from the Police Department's budget, as the city needs the continued protection. CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approve the following minutes: (a) Regular City Council Meeting of May 11, 2010 (b) Joint City Council/Redevelopment Agency Meeting of May 25, 2010 (3) Warrant List Dated May 27 2010 Recommendation: Authorize payment of Warrant List dated May 27, 2010. (4) Consideration of Approving the City's participation as a Member City in the Western Riverside Energy Leadership Partnership and the Program Recommendation: it is recommended the City Council adopt Resolution No. 2010-023 approving the City's participation as a member city in the Western Riverside Energy Leadership Partnership and the program. (5) Consideration of First Amendment to License Agreement for use of City Facility by Planet Youth Recommendation: It is recommended the City Council the First Amendment to License Agreement and to authorize the City Manager to execute the agreement. (6) Consideration of Adopting Resolutions pertaining to the General Municipal Election to be held on November 2. 2010 Recommendation: It is recommended that the City Council adopt: (1) Resolution No. 2010-024 calling and giving notice of the holding of a General City Council Meeting June 8, 2010 Page 4 Municipal Election to be held on Tuesday, November 2, 2010; (2) Resolution No. 2010-025 requesting the Board of Supervisors of the County of Riverside to render services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, November 2, 2010; and (3) Resolution No. 2010-026 adopting regulations for candidates for elective office pertaining to Candidates' Statements submitted to the voters. (7) Consideration of Citywide Landscaping and Street Lighting Maintenance District and the Landscaping and Street Lighting Maintenance District No. 1 for the Fiscal Year 2010-2011 -Approval of Engineer's Reports and Resolutions of Intention Recommendation: It is recommended that the City Council adopt the following resolutions: (1) Resolution No. 2010-027 ordering the preparation of an engineer's report for the Citywide LLMD; (2) Resolution No. 2010-028 approving the engineer's report for the Citywide LLMD; (3) Resolution No. 2010-029 declaring Council's intention to provide for an annual levy and collection of assessments in the Citywide LLMD and setting a public hearing for July 13, 2010; (4) Resolution No. 2010-030 ordering the preparation of an engineer's report for LLMD No. 1; (5) Resolution No. 2010-031 approving the engineer's report for LLMD No. 1; and (6) Resolution No. 2010-032 declaring Council's intention to provide for an annual levy and collection of assessments in the LLMD No. 1 and setting a public hearing for July 13, 2010. (8) ICSC Recon Conference 2010 Report Recommendation: It is recommended that the City Council receive and file. (9) Consideration of City Council Election to Receive Payment s Pursuant to Health Recommendation: It is recommended the City Council adopt Resolution No. 2010-033 make an election to receive payments pursuant to Health and Safety Code Sections 33607.5 and 33607.7 for Rancho Laguna Redevelopment Project Area No. 1 Council Member Buckley pulled Item No. 8 from the Consent Calendar for discussion. It was moved by Council Member Buckley and seconded by Council Member Hickman to approve Consent Calendar Items 2 through 7 and 9. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tem Bhutta and Mayor Melendez. Noes: None. Absent: None. City Council Meeting Page 5 June 8, 2010 ITEMS PULLED FROM THE CONSENT CALENDAR (8) ICSC Recon Conference 2010 Report Recommendation: It is recommended that the City Council receive and file. Mayor Melendez asked if there were any speakers who wished to address the Council on the item. Kim Cousins, CEO for the Chamber of Commerce spoke of the recent International Council of Shopping Centers Conference (ICSC) which was held in Las Vegas, Nevada and how it was a great success. He advised Council that the Chamber of Commerce received many leads and would conduct an aggressive follow up. PUBLIC HEARING(S) (10) Consideration of Enforcement of the City Council's February 23, 2010 Revocation of Conditional Use Permit No 2008-09 for Live Music Dancing and Entertainment within Designated Areas of an existing Bowling and Entertainment Center (Trevi Lanes ) located at 32250 Mission Trail Lake Elsinore CA 92530 Recommendation: It is recommended the City Council confirm its February 23, 2010 revocation of CUP No. 2008-09 based on the applicant's failure to meet the conditions to stay enforcement of the revocation. It was moved by Council Member Hickman and seconded by Council Member Magee to continue Consideration of Enforcement of the City Council's February 23, 2010 Revocation of Conditional Use Permit No. 2008-09, for Live Music, Dancing and Entertainment within Designated Areas of an existing bowling and Entertainment Center located at 32250 Mission Trail, Lake Elsinore for two weeks (June 22, 2010). The motion carried by the following vote: Ayes: Council Members: Hickman, Magee, Mayor Pro Tem Bhutta and Mayor Melendez. Noes: Buckley. Absent: None APPEAL(S) There are none. BUSINESS ITEM(S) (11) Consideration of 2010 Justice Assistance Grant Recommendation: It is recommended that the Mayor and City Council approve the application for the JAG Grant Program funds offered by the Federal Bureau of Justice Assistance. City Council Meeting Page 6 June 8, 2010 Police Chief Cleary provided an overview of the item to the City Council. He stated the request is for the City Council to approve the application for a Justice Assistance Grant (JAG) which would be used to purchase one Mobile Law Enforcement Automatic License Plate Reader system. Council Member Hickman asked how fast the reader can read license plates. Police Chief Cleary replied by saying the reader can read a license plate while moving at a speed of 110 miles per hour. Mayor Melendez asked if anyone wished to speak for or against this item. City Clerk Cowley advised Mayor Melendez that there were no requests to speak. It was moved by Mayor Pro Tem Bhutta and seconded by Council Member Magee to approve the application for the JAG Grant Program Fund. The motion carried by the following vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None. Absent: None (12) Consideration of the City of Lake Elsinore Operating Budget for Fiscal Year 2010-2011 Recommendation: It is recommended that the City Council adopt Resolution No. 2010-034 adopting the City of Lake Elsinore Operating Budget for Fiscal Year 2010-2011. Director of Administrative Services Riley provided an overview of the proposed budget for the fiscal year of 2010-2011. City Treasure Baldwin asked Director of Administrative Services Riley to provide clarification regarding the City's unallocated revenue. Director of Administrative Services Riley responded by saying the money that is in the fund balance has been accumulated over the past several years and money could be taken from this fund. The Supplemental Fund was for funds that were put aside several years ago by the prior administration to be used in case of a budget short fall, however; no one expected such a dramatic short fall that the City is experiencing. City Treasure Baldwin pointed out to the Council and the audience that if the City is going to use the unallocated funds and the "Rainey Day" funds this year, it would leave a zero balance to fall upon for next year. Mayor Melendez asked if any public speakers who wished to address the Council. David Fontneau representing the Riverside County Sheriffs Department spoke on behalf of the Trauma Intervention Program (TIP). He stated TIP was founded in 1985 and is staffed by volunteers who help trauma victims. He advised the organization is an City Council Meeting Page 7 June 8, 2010 asset to the City's Police Department and requested Council not to delete any funds from this organization. Council Member Magee thanked the Budget Committee, City Staff and Management for all their efforts and willingness for some dramatic cuts in the proposed budget. He pointed out to the Council the upcoming Public Safety Advisory Commission's agenda which outlines several ways to cut back costs and he stated he feels they are going in the right direction. He stated if they are not able to implement cuts, then they can come back to the Council at the mid-year budget review and request additional funding. Council Member Magee made the following recommendations regarding the budget: • Reduce funds from the Chamber of Commerce by only $5,000 • Reduce funds from the Public Safety Advisory Commission by $12,000 • Exclude the line item for the Trauma Intervention Program Council Member Hickman expressed his concerns with the budget and suggested not to cut funds but to increase revenue such as increasing the transient tax and expanding the weed abatement program to 12 months. Mayor Pro Tern Bhutta indicated balancing this year's budget has been a very painful process and next year will probably be worse. She stated ways to help out would be to continue to shop locally. She thanked staff and members of the budget sub-committee for all their help. Mayor Melendez asked about the animal shelter and if there was a way that the city could pull out of that. Council Member Buckley responded by saying the construction of the building is almost completed and the bonds have been issued. He stated it would cost the City more money if they would back out of the deal at this point. Mayor Melendez noted of ways to help with the budget such as the Public Safety Advisory Commission operating without thee presence of the City Attorney at the meetings. She stated she does not recommend reducing the Planning Commission meetings to once a month as that may have an effect on future development in the City; however, she suggested if the Planning Commission wanted to cancel a meeting due to a lack of business, they would have the opportunity to do so. She pointed out that staff has been requested to dig deep into their pockets because next year is going to be worse. Council Member Buckley supported the idea of bringing back a reasonable increase of the transient tax, the increase of special event admission fees and noted the increase of weed abatement could cause significant road run-off and maintenance problems. Mayor Pro Tern Bhutta suggested possibly reducing the Planning Commission's stipends by 50%, and pointed out that weed abatement is not to make a profit. City Council Meeting June 8, 2010 Council Member Magee concurred with meetings but rather leaving it to the Development, Planning Manager or the meeting is necessary. Page 8 not reducing the Planning Commission discretion of the Director of Community City Manager to determine of whether a It was moved by Council Member Magee and seconded by Council Member Buckley to approve the balance of the budget for 2010-2011. The motion carried by the following vote: Ayes: Council Members: Buckley, Hickman, Magee, and Mayor Pro Tern Bhutta Noes: Mayor Melendez. Absent: None. Council Member Magee recused at 8:30 p.m. due to a potential conflict of interest pertaining to the discussion of the funds for the Trauma Intervention Program. It was moved by Mayor Pro Tem Bhutta and seconded by Council Member Buckley to approve the $8,075 for the Trauma Intervention Program. The motion carried by the following vote: Ayes: Council Members: Buckley, Hickman, Mayor Pro Tern Bhutta, Noes: None, Abstain: Mayor Melendez, Absent: Council Member Magee. Council Member Magee returned to the meeting at 8:31 p.m. The City Council recessed and convened to the Redevelopment Agency at 8:31 p.m. The City Council reconvened at 8:31 p.m. PUBLIC COMMENTS - NON-AGENDIZED ITEMS There were none. CITY MANAGER COMMENTS City Manager Brady commented on the following: • Wednesday, June 9th "Java Jive" at the Flour Fusion Bakery located on Main Street from 8:00 a.m. to 9:00 a.m. • Wednesday, June 9th "Coffee with the Mayor" at the Flour Fusion Bakery located on Main Street from 9:00 a.m. to 10:00 a.m. • Wednesday, June 9th would be "Movies in the Park" held at the Summerlake Park from 7:30 p.m. to 9:30 p.m. Free admission. • Thursday, June 10th would be the Chamber Mixer held at the Diamond Stadium from 5:30 p.m. to 9:30 p.m. • Thursday, June 10th would be the "Sunset-Nine Golf event to be held at the Links at Summerly Golf Course from 4:30 p.m. City Council Meeting Page 9 June 8, 2010 • Friday, June 11th the Boys & Girls Club is having their "Field of Dreams" event to be held at the Diamond Stadium from 6:00 p.m. to 10:00 p.m. Tickets are $75.00 per ticket or two tickets from $100.00. • Saturday, June 12th would be the EWDC Luncheon. Topic would be conversation with the surrounding City Managers from Lake Elsinore, Canyon Lake, Wildomar, and Murrieta. • Saturday, June 19th would be the Block Party held at the Elsinore First Assembly from 3:30 p.m. - 7:30 p.m. and is free of charge. • Saturday, June 19th would be the "Welcome Home Troops" event to be held at the Links at Summerly. The event is from 6:00 p.m. and tickets are $35.00 and $55.00 CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS No comments. CITY COUNCIL COMMENTS Council Member Buckley had no comments Mayor Pro Tern Bhutta thanked the Chamber of Commerce for attending the ICSC conference and for representing the City of Lake Elsinore. She reminded the audience that June 14th is Flag Day and June 19th is Father's Day. Council Member Hickman requested to have on the next City Council agenda the E- Verify Ordinance and a Resolution that supports Arizona Senate Bill 1070. He also noted that he has been trying to get Dial-a-Ride Bus for the seniors in the City and wished all the Fathers Happy Father's Day. Council Member Magee requested to have an item placed on Closed Session regarding the Boarder Patrol. He congratulated Police Chief Cleary on his promotion to Chief Deputy stating he would be greatly missed. Mayor Melendez thanked everyone for attending the meeting and wished everyone a good night. City Council Meeting June 8, 2010 ADJOURNMENT Page 10 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 22, 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 A CAROL COWLEY-INTERIWCITY CLERK CITY OF LAKE ELSINORE-