Loading...
HomeMy WebLinkAbout2010-08-10 City Council Item No. 2REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 10, 2010 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council Minutes are submitted for approval: (a) Joint Study Session City Council/Redevelopment Agency Meeting July 13, 2010 (b) Regular City Council Meeting Minutes July 13, 2010 Recommendation Approve the Minutes as submitted. Prepared by: Dana C. Porch6o Office Specialist Approved by: Carol Cowley Interim City Clerk Approved by: Robert A. Brady City Manager AGENDA ITEM NO. 2 Page 1 of 26 Page 2 of 26 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 13, 2010 CALL TO ORDER Mayor Melendez called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: MAYOR MELENDEZ COUNCIL MEMBER BUCKLEY COUNCIL MEMBER HICKMAN COUNCIL MEMBER MAGEE ABSENT: MAYOR PRO TEM BHUTTA 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, Police Chief Fontneau, Fire Chief Hendershot, RDA Analyst Carlson and Interim City Clerk Cowley. CITY COUNCIL CLOSED SESSION (1a) Conference with Labor Negotiator Pursuant to Government Code § 54957.6 City Negotiator: City Manager Robert Brady Employee Organization: Lake Elsinore Chapter of Laborer's International Union of North America, Local 777 (1b) Conference with Legal Counsel-Existing Litigation Pursuant to Government Code § 54956.9 in regards to the Darwin Rogers Booster Trust Dated 7/27/2005 (Riverside Superior Court Case No. RIP 095857) PRESENTATIONS / CEREMONIALS Mayor Melendez confirmed with City Clerk Cowley the individuals would be present at the 7:00 p.m. meeting. Page 3 of 26 Joint City Council Study Session July 13, 2010 Page 2 of 11 Recognition of outgoing Planning Commissioners Jimmy Flores and Axel Zanelli. Introduction of Lake Elsinore Queens - Southwest California Pageants. Recognition of Betty Stievo, named "Woman of the Year' by the Lake Elsinore Woman's Club. PUBLIC COMMENTS No comments. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the following minutes: a) Regular City Council Meeting - June 8, 2010 b) Joint City Council /Redevelopment Meeting - June 8, 2010 c) Special City Council Meeting of June 29, 2010 (3) Warrant List Dated June 30. 2010 Recommendation: Authorize payment of Warrant List dated June 30, 2010. Council Member Hickman asked about the following warrants and staff provided the following responses: • Warrant No. 95036 payable to Z Best Body U Paint Shops, Inc. in the amount of $7,467.73 was to repair the City's pontoon boat. • Requested the total amount of reimbursement to the employees for tuition. Director of Administrative Services indicated the range is between $3,200 and $3,500. • Warrant No. 103311 payable to B&G Services in the amount of $1,185.79 was used to purchase a back-up generator for the CERT classes. • Ask whether Edge Printing Solutions is located in Lake Elsinore. Director of Administrative Services Riley advised the Council that he would research the location of the business. • Warrant No. 103400, payable to Team Auto Aid in the amount of $679.08 was for the purchase of supplies to remove graffiti and other services. Page 4 of 26 Joint City Council Study Session Page 3 of 11 July 13, 2010 Mayor Melendez asked about the following warrants and staff provided the following responses: • Warrant No. 103306 payable to Adventures in Advertising in the about of $624.38 would be researched by the Director of Administrative Services Riley. • Warrant No. 103329 payable to Dell Service in the amount of $2118.28 was for the purchase of new computers for the Police Department that were purchased through grant funding. • Warrant No. 103380 payable to Rincon Consultants in the amount of $8,808.32 is for the Climate Action Plan. (4) Planning Division Landscape Design Review Services Contract for 2010-2011 Fiscal Year Recommendation: It is recommended that the City Council authorize the City Manager to prepare and enter into a contract with David Evans & Associates to provide specialized landscape design review services on an annual basis. Council Member Hickman asked if David Evans & Associates was responsible for all of the landscape plan checks for the City. City Manager Brady confirmed that David Evans & Associates was the only contractor the City uses for landscaping plan check and inspections. Council Member Hickman asked why it was necessary for boxed trees to be lined up in the parking lot where Magnetic Resonance Imaging is located. City Manager Brady responded by saying it was added to the Conditions of Approval to help camouflage the temporary building. (5) Custody Agreements with Union Bank for CFD No. 2003-2 (Canyon Hills) Improvement Area C. Recommendation: it is recommended the City Council authorize the City Manager to execute the two Custody Agreements between City and Union Bank of California for CFD No. 2003-2 (Canyon Hills) Improvement Area C. (6) Building Industry Association Kiosk Program Recommendation: It is recommended that City Council (1) approve the new agreement with the Building Industry Association to administer and operate the directional kiosk program within the City of Lake Elsinore; and (2) approve the new kiosk design proposed, allowing for implementation as noted on the Kiosk Spec Sheet. Council Member Buckley asked if there would be a specific font that each sign would have or would it be only one type of font used. Page 5 of 26 Joint City Council Study Session Page 4 of 11 July 13, 2010 Mr. Knorringa, representative for Building Industry Association stated they would be using the City's standard font and colors. Council Member Magee expressed that the new signs would compliment the City. He asked staff if the sign located near the intersection of Grand and Machado had been resolved. Director of Public Works Seumalo responded by saying the sign was relocated. (7) Consideration of Resolution No. 2010-041 Regarding County Service Area 152 and Setting the Benefit Assessment Unit Rate for Fiscal Year 2010/2011 for the City of Lake Elsinore to Fund the City's National Pollution Discharge Elimination System (NPDES) Permit Program Recommendation: It is recommended the City Council approve Resolution No. 2010-041 regarding County Service Area 152. Council Member Magee stated this was another unfunded mandate that the City has to incur with the limited resources. He stated it was necessary because our State and Federal partners are continuing to abandon the City of Lake Elsinore. Council Member Buckley stated his experience with the Mosquito District, NPDES has been a huge issue at the National level, and asked if the City handles this in one payment or every few years. Council Member Hickman asked for the total cost? Director of Public Works Seumalo responded by saying the total allowable charge the City can use is $13.88 per benefited assessment units or Benefit Assessment Unit (BAU) and staff felt it was more prudent to incrementally increase the cost rather than all at once. (8) Agreement with Buckman & Associates to provide on-call Professional Engineering Services Including Pavement Management Update Recommendation: It is recommended that the City Council (1) approve the Professional Services Agreement with Buckman & Associates and authorize the City Manager to execute the Agreement; and (2) that $80,000 be allocated for these services from the existing Pavement Management budget. Council Member Hickman requested clarification on the increase of the retainer amount for the services. Public Works Manager Payne responded by saying that staff was asking for a retainer fee of $80,000 which would come from the City's gas taxes. He stated Buckman & Associates has a video inventory program where the city's roadway images could be added to the City's GIS system. Page 6 of 26 Joint City Council Study Session July 13, 2010 PUBLIC HEARING(S) Page 5 of 11 (9) Public Hearing on the Citywide Landscaping and Street Lighting Maintenance District and the Landscaping and Lighting Maintenance District No. 1 for Fiscal Year 2010-2011 Recommendation: it is recommended the City Council: (1) open the public hearing and take testimony related to the Citywide LLMD and LLMD No. 1 annual assessments; (2) Close the public hearing; (3) waive further reading and adopt Resolution No. 2010-042 confirming a diagram and assessment and providing for annual assessment levy after formation of a district for Fiscal Year 2010-2011 for the Citywide LLMD; and (4) and waive further reading and adopt Resolution No. 2010-043 confirming a diagram and assessment and providing for annual assessment levy after formation of a district for Fiscal Year 2010-11 for the LLMD No. 1. APPEAL(S) There are none. BUSINESS ITEM(S) (10) Consideration of Ordinance No. CC-2010-1276 Approving Zone Change 2009- 01; Ordinance No. CC-2010-1277 Approving Amendment No. 9 to the East Lake Specific Plan No. 93-3: and Ordinance No. CC-2010-1278 Approving the Diamond Specific Plan No. 2009-01 (Second Reading). Recommendation: It is recommended the City Council: (1) waive further, reading and adopt ordinance No. CC-1276 by title only; (2) waive further reading and adopt Ordinance No. CC-1277 by title only; and (3) waive further reading and adopt Ordinance No. CC-2010-1278 by title only. (11) Consideration of Adopting Ordinance No 1279 Adding Chapter 5.30 to the Lake Elsinore Municipal Code Regarding Undocumented Workers (Second Reading) Recommendation: It is recommended the City Council waive further reading and adopt Ordinance No. 1279 by title only. Mayor Melendez requested Kim Cousin's with the Chamber of Commerce to speak to the audience regarding a few issues that the business community had which were brought to the Council's attention during the last meeting. Kim Cousin's representing the Chamber of Commerce pointed out to the audience that the major concerns were implementation of the program whether the program would be retroactive and what would be required to confirm that the employer complied with the Page 7 of 26 Joint City Council Study Session Page 6 of 11 July 13, 2010 procedures. He suggested that it may be helpful for the City to conduct some training sessions with the business owners to help walk them through the process. (12) An Ordinance of the City Council of the City of Lake Elsinore. California Amending and Restating Chapter 15.64 of the Lake Elsinore Municipal Code Regarding Flood Damage Prevention Recommendation: That the City Council waive further reading and introduce by title only Ordinance No. 1280 amending and restating Chapter 15.64 of the Lake Elsinore Municipal Code Regarding Flood Damage Prevention. Council Member Magee requested clarification with the map provided in the staff report. He stated he had some concerns with restricting development opportunities and needed a better understanding of the restrictions and impacts on these pieces of property. Director of Public Works Seumalo responded by saying the area inside the boundary streets are required to be at 1,267 feet. He stated everywhere else in the City can change based on whether the property is located near an outflow channel or basin and the 100 year flood elevation varied throughout the City. FEMA required certain guidelines to be followed when building in a flood area and the impact to the up stream property owner is a major impact. It may or may not allow fill dirt to achieve the required level. Council Member Magee asked if any of the property owners have been noticed. Director of Public Works replied by saying "No". Council Member Magee stated he does not feel comfortable moving forward with this until he has a better understanding of impacts. He advised the Council that he may request to have this item continued. Council Member Hickman noted the elevation feet of 1265 and 1267 and requested staff to clarify. Director of Public Works Seumalo noted the 100 year flood elevation varies around the City. He stated it would require developers to have their lowest floor to be two feet above the 100 year flood elevation? Director of Public Works Seumalo replied by saying the elevation is around 1263.4 around the lake; however as you move away from the lake, the elevation changes. Council Member Buckley asked if this applied to all structures or just habitable. Director of Public Works stated it implies to livable area not including the garage. Mayor Melendez asked if this would be a requirement. Director of Public Works Seumalo confirmed it is a requirement and the property owners would not have a choice. (13) Designation of Voting Delegates and Alternates to the League of California Cities Annual Conference. Recommendation: It is recommended that if one or more members of the City Council plan to attend the League of California Cities Annual Conference that the City Council designates a voting delegate and alternate for the Annual Business Meeting on Friday, September 17, 2010. Page 8 of 26 Joint City Council Study Session Page 7 of 11 July 13, 2010 Council Member Buckley suggested Mayor Pro Tem Bhutta attend the League of California Cities Annual Conference. (14) Residential Design Review No. 2010-02 Proposed for 36 Lots in De La Rosa Tract 32503 by Richmond American. Recommendation: It is recommended the City Council Adopt Resolution No. 2010-044 approving Residential Design Review No. 2010-02 as recommended by the Planning Commission. Edgar Gomez representing Richmond American Homes provided an overview of the project to the Council Council Member Buckley asked if the homes that are being proposed were consistent to the existing surrounding communities. Edgar Gomez confirmed that the homes were consistent. Council Member Magee thanked Mr. Gomez for the investment in the City. He pointed out to Mr. Gomez Condition No. 11 which discusses the hours of construction. Mayor Melendez expressed her feelings that there is only one shutter on the side of the window, stating that it detracted from the appearance of the homes. Edgar Gomez stated that they could review the design with the Planning Division to come up with an alternative option. Planning Consultant Donahoe advised Council that the Conditions of Approval that were provided in the staff report were incorrect and she provided the corrected version of Conditions to the Council with the highlighted changes. (15) Consideration of Resolution No. 2010-045 Confirming Fiscal Year 2010-11 Special Taxes for: CFD 88-3 (West Lake Elsinore Public Improvements 3 Phases); CFD 95-1 (Lake Elsinore City Center Public Improvements): CFD 98-1 (Summerhill Public Improvements); CFD 2003-1 (Law Enforcement Fire and (Villages at Wasson Canyon); CFD 2005-6 (City Center Townhomes); CFD 2006-1 (Summerly); CFD 2006-2 (Viscaya)• CFD 2006-3 (La Strada); CFD 2006m Lighting Maintenance) Page 9 of 26 Joint City Council Study Session July 13, 2010 Page 8 of 11 Recommendation: It is recommended the City Council waive further reading and adopt Resolution No. 2010-045 requesting the Tax Collector of the County of Riverside to place special taxes on the bills of certain properties within the CFD. Council Member Buckley suggested having Dennis Anderson address the Council at the 7:00 o'clock meeting to go over the reductions for this year. (16) Consideration of an Agreement between the Lake Elsinore Valley Chamber of Commerce and the Citv Recommendation: It is recommended the City Council approve the agreement and authorize the Mayor to execute the agreement with the Lake Elsinore Chamber of Commerce. (17) Consideration of Increase in Transient Occupancy Tax Recommendation: It is recommended the City Council (1) waive further reading and introduce by title only Ordinance No. 1281 amending Chapter 3.32 of the Lake Elsinore Municipal Code to increase the rate of the City's transient occupancy tax to 12% on hotels and campgrounds; (2) adopt Resolution No. 2010-046 ordering that a measure related to increasing the City's transient occupancy tax be submitted to the voters at the regular municipal election on November 2, 2010; and (3) authorize two members of the City Council to draft the argument in favor of the measure, which can be submitted to the entire City Council for review and approval at the City Council meeting on July 27, 2010. Council Member Buckley asked if letters were mailed out to any of the hotel owners. City Manager Brady responded by saying "No". Council Member Magee addressed a comment in the staff report where it suggests that the City Council should designate two members of the Council to draft the argument in favor of the ballot measure. He indicated he did not feel this would be appropriate. He suggested the argument should come from the Chamber of Commerce. Mayor Melendez asked if any of the hotel owners would be attending the 7:00 p.m. meeting. Mr. Kim Cousins with the Chamber of Commerce responded by saying he believed the only hotel owner that would attend the meeting would be the owner from the Holiday Inn Express who is in opposition of the increase. The City Council recessed and convened to the Redevelopment Agency at 4:45 p.m. REDEVELOPMENT AGENCY Chairman Magee called the meeting to order at 4:45 p.m. Page 10 of 26 Joint City Council Study Session July 13, 2010 CLOSED SESSION Page 9 of 11 (1a) CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 potential case (1b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Gov't Code §54956.8, Property: APN 373-023-026 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Mamie Miller Hunt Estate Under negotiation: Price and terms of payment CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Regular Meeting -June 8, 2010 b) Joint City Council/Redevelopment Agency Meeting - June 8, 2010 (3) Warrant List Dated June 30, 2010 Recommendation: Authorize payment of Warrant List dated June 30, 2010. (4) Resolution Confirming Fiscal Year 2010-2011 Special Taxes for CFD 90-2 (Tuscany Hills Public Improvements) Recommendation: Waive further reading and adopt Resolution No. 2010-004 RDA requesting the Tax Collector of the County of Riverside to place special taxes on the bills of certain properties for CFD 90-2. Agency Member Hickman asked Mr. Dennis Anderson if the special taxes for the CFD 90-2 would be the twentieth year and if that would commence when the property owner moved in. Mr. Anderson confirmed that this would be the twentieth year and the taxes for each property starts when the building permit is issued. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEM(S) (5) Consideration of Modified FY 2009/2010 Agency Budget Page 11 of 26 Joint City Council Study Session July 13, 2010 Page 10 of 11 Recommendation: It is recommended the City Council: (1) approve the Modified Agency Fund Balances for FY 2005/2009 and 2009/2010 and the corrected FY 2009/2010 Agency Budget; and (2) approve the attached promissory note documenting the interfund loan from Project Area No. 2 to Project Area No. 3. Vice Chairman Buckley asked which Agency Member would be addressing the issue at the 7:00 p.m. meeting. Agency Member Melendez requested larger font on the next report, as it is very small and difficult to read. (6) Lakeview Apartments Affordable Housing Project Recommendation: It is recommended the City Council direct staff to prepare the necessary agreements and related documents evidencing Agency Low and Moderate Income Housing Fund assistance in the amount of $1.1 million toward proposed affordable rental housing project with 55-year affordability covenants in accordance with applicable redevelopment law requirements to be presented to the Agency for consideration and approval at a future meeting. Chairman Magee commented on the staff report and suggested more detail. Vice Chairman Buckley asked if the cost was $1.1 million for 64 units. City Attorney Leibold replied that the developer has agreed to provide the agency with the affordability benefit on Lakeview I & 11, so the financing is to the benefit of Lakeview II alone; however the Agency would receive 150 units of inclusionary housing through the price restriction and affordability restrictions on Lakeview 1. Agency Member Hickman noted with this project and Pottery Court, this would give the City approximately 261 affordable units. Chairman Magee asked if this would be a gated complex and if the same management staff would be used for this development. David Nahas, representing the development team addressed the Agency and clarified issues. He indicated the management would be a new staff known as CBR Management. City Attorney Leibold pointed out to the Agency that there may be some confusion because the color did not come out on the maps and there are two properties with similar names. She stated this project is Lakeview and not to be confused with Lakeshore. The City Council reconvened at 4:56 p.m. Page 12 of 26 Joint City Council Study Session Page 11 of 11 July 13, 2010 PUBLIC COMMENTS - NON-AGENDIZED ITEMS There were none. PUBLIC COMMENTS - NON AGENIZED ITEMS - 3 MINUTES Shawn Slater addressed the City Council and Staff on the commitment he had towards the City and the lack of communication between staff and City Council and how the recent layoffs have taken a toll on the services provided to the citizens of the community. Council Member Magee asked Mr. Slater what the vote was during the last Union meeting. Mr. Slater was unable to answer the question without the Union member's permission. EXECUTIVE DIRECTOR COMMENTS There were none. LEGAL COUNSEL COMMENTS City Attorney Leibold announced that the City Council would adjourn to the Closed Session meeting at 5:00 p.m. to discuss the items listed as Items 1a and 1b under Closed Session on the agenda. CITY COUNCIL COMMENTS There were none. ADJOURNMENT The Lake Elsinore City Council adjourned to a regular meeting to be held on Tuesday, July 27, 2010, at 7:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE Page 13 of 26 Page 14 of 26 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 13, 2010 CALL TO ORDER Mayor Melendez called the Regular City Council Meeting to order at 7:07 p.m. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA (arrived at 7:14 p.m.) 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, Police Chief Fontneau, Fire Chief Hendershot, RDA Analyst Carlson and Interim City Clerk Cowley. CITY COUNCIL CLOSED SESSION (1a) Conference with Labor Negotiator Pursuant to Government Code § 54957.6 City Negotiator: City Manager Robert Brady Employee Organization: Lake Elsinore Chapter of Laborer's International Union of North America, Local 777 (1b) Conference with Legal Counsel-Existing Litigation Pursuant to Government Code § 54956.9 in regards to the Darwin Rogers Booster Trust Dated 7/27/2005 (Riverside Superior Court Case No RIP 095857) City Attorney Leibold indicated two items were discussed during the Closed Session meeting, and neither item had any reportable action. Page 15 of 26 Regular City Council Meeting July 13, 2010 PRESENTATIONS / CEREMONIALS Page 2 of 12 Recognition of outgoing Planning Commissioners Jimmy Flores and Axel Zanelli. Introduction of Lake Elsinore Queens - Southwest California Pageants. Recognition of Betty Stievo, named 'Woman of the Year" by the Lake Elsinore Woman's Club. Mayor Melendez presented certificates to Axel Zanelli who served on the Planning Commission for several years; Betty Stievo who was named "Woman of the Year" by the Lake Elsinore Woman's Club and introduced the Lake Elsinore Queens of Southwest California Pageant. PUBLIC COMMENTS Michael O'Neal, resident of the community and a Planning Commissioner for the City of Lake Elsinore thanked the City Council on the selection of the two new Planning Commissioners. He introduced new business owner Michael Ramos who opened a barber shop known as "Heads or Tails". Michael Ramos thanked the City Council for allowing him to introduce himself to the public and advised the community where his new business was located. Warren Stevenson spoke of the Lake Elsinore Relay for Life which is sponsored by the Cancer Society which is to be held at the Canyon Lake Middle School commencing on October 9, 2010 through October 10, 2010. The fees are $15. For further information visit www.elsinorerelay.com. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the following minutes: a) Regular City Council Meeting - June 8, 2010 b) Joint City Council /Redevelopment Meeting - June 8, 2010 c) Special City Council Meeting of June 29, 2010 (3) Warrant List Dated June 30. 2010 Recommendation: Authorize payment of Warrant List dated June 30, 2010. Page 16 of 26 Regular City Council Meeting Page 3 of 12 July 13, 2010 (4) Planning Division Landscape Design Review Services Contract for 2010-2011 Fiscal Year Recommendation: It is recommended that the City Council authorize the City Manager to prepare and enter into a contract with David Evans & Associates to provide specialized landscape design review services on an annual basis. (5) Custody Agreements with Union Bank for CFD No. 2003-2 (Canyon Hills) Improvement Area C. Recommendation: It is recommended the City Council authorize the City Manager to execute the two Custody Agreements between City and Union Bank of California for CFD No. 2003-2 (Canyon Hills) Improvement Area C. (6) Building Industry Association Kiosk Program Recommendation: It is recommended that City Council (1) approve the new agreement with the Building Industry Association to administer and operate the directional kiosk program within the City of Lake Elsinore; and (2) approve the new kiosk design proposed, allowing for implementation as noted on the Kiosk Spec Sheet. (7) Consideration of Resolution No. 2010-041 Regarding County Service Area 152 and Setting the Benefit Assessment Unit Rate for Fiscal Year 2010/2011 for the City of Lake Elsinore to Fund the City's National Pollution Discharge Elimination System (NPDES) Permit Program Recommendation: It is recommended the City Council approve Resolution No. 2010-041 regarding County Service Area 152. (8) Agreement with Buckman & Associates to provide on-call Professional Engineering Services Including Pavement Management Update Recommendation: It is recommended that the City Council (1) approve the Professional Services Agreement with Buckman & Associates and authorize the City Manager to execute the Agreement; and (2) that $80,000 be allocated for these services from the existing Pavement Management budget. It was moved by Council Member Hickman approve Consent Calendar Items 2 through following vote: Ayes: Council Members: Bhutta and Mayor Melendez; Noes: None. and seconded by Mayor Pro Tem Bhutta to 8. The motion unanimously carried by the Buckley, Hickman, Magee, Mayor Pro Tern Absent: None Page 17 of 26 Regular City Council Meeting Page 4 of 12 July 13, 2010 PUBLIC HEARING(S) (9) Year 2010-2011 Recommendation: it is recommended the City Council: (1) open the public hearing and take testimony related to the Citywide LLMD and LLMD No. 1 annual assessments; (2) Close the public hearing; (3) waive further reading and adopt Resolution No. 2010-042 confirming a diagram and assessment and providing for annual assessment levy after formation of a district for Fiscal Year 2010-2011 for the Citywide LLMD; and (4) and waive further reading and adopt Resolution No. 2010-043 confirming a diagram and assessment and providing for annual assessment levy after formation of a district for Fiscal Year 2010-11 for the LLMD No. 1. Mayor Melendez opened the Public Hearing at 7:33 p.m. City Manager Brady requested City Clerk Cowley to announce the notice. City Clerk Cowley announced the notice of public hearing was published in accordance with the Landscaping and Lighting Act of 1972 and proof of such publication is on file in the City Clerk's Office. Director of Administrative Services Riley provided an overview of the presentation to the Council. Mayor Melendez asked if any member of the public wished to speak either in favor, against or at all of the annual assessment of levies. It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Hickman to adopt Resolution No. 2010-042, confirming a diagram and assessment and providing for annual assessment levy after formation of a District Fiscal Year 2010-2011 for the Citywide Landscaping and Street Lighting District. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; Noes: None; Absent: None It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Hickman to adopt Resolution No. 2010-043, confirming a diagram and assessment and providing for annual assessment levy after formation of a District Fiscal Year 2010-2011 for the Landscaping and Street Lighting in District No. 1. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; Noes: None; Absent: None Page 18 of 26 Regular City Council Meeting Page 5 of 12 July 13, 2010 APPEAL(S) There were none. BUSINESS ITEM(S) (10) Consideration of Ordinance No CC-2010-1276 Approving Zone Change 2009- 01; Ordinance No. CC-2010-1277 Approving Amendment No. 9 to the East Lake Specific Plan No. 93-3: and Ordinance No CC-2010-1278 Approving the Diamond Specific Plan No. 2009-01 (Second Reading). Recommendation: It is recommended the City Council: (1) waive further reading and adopt Ordinance No. CC-1276 by title only; (2) waive further reading and adopt Ordinance No. CC-1277 by title only; and (3) waive further reading and adopt Ordinance No. CC-2010-1278 by title only. It was moved by Mayor Pro Tem Bhutta and seconded Council Member Hickman to approve Ordinance No. 2010-1276 and read by title only. The City Clerk read the title of the Ordinance into the record. The motion unanimously carried by the following roll call vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tem Bhutta and Mayor Melendez; Noes: None; Absent: None It was moved by Mayor Pro Tem Bhutta and seconded by Council Member Hickman to approve Ordinance No. 2010-1277 and read by title only. The City Clerk read the title of the Ordinance into the record. The motion unanimously carried by the following roll call vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhufta and Mayor Melendez; Noes: None; Absent: None It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Magee to approve Ordinance No. 2010-1278 and read by title only. The City Clerk read the title of the Ordinance into the record. The motion unanimously carried by the following roll call vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhufta and Mayor Melendez. Noes: None; Absent: None (11) Consideration of Adopting Ordinance No. 1279 Adding Chapter 5.30 to the Lake Elsinore Municipal Code Regarding Undocumented Workers (Second Reading) Recommendation: It is recommended the City Council waive further reading and adopt Ordinance No. 1279 by title only. Mayor Melendez advised the public that this is the second reading of Ordinance No. 1279 that would pertain to new employees in the community. She indicated that the Chamber of Commerce would provide business owners the opportunity to any assistance with the program. Page 19 of 26 Regular City Council Meeting Page 6 of 12 July 13, 2010 It was moved by Council Member Magee and seconded by Council Member Buckley to approve Ordinance No. 1279 and read by title only. The City Clerk read the title of the Ordinance into the record. The motion unanimously carried by the following roll call vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; Noes: None; Absent: None (12) Regarding Flood Damage Prevention Recommendation: That the City Council waive further reading and introduce by title only Ordinance No. 1280 amending and restating Chapter 15.64 of the Lake Elsinore Municipal Code Regarding Flood Damage Prevention. Director of Public Works Seumalo provided a brief staff report to Council. He advised he would be available to answer any questions the Council may have. Council Member Buckley felt that further research was necessary in order to proceed. He asked staff if this would cause customers' rates to be reduced. Director of Public Works Seumalo replied by saying it could reduce the homeowners rates by 5%. Council Member Magee concurred with Council Member Buckley's suggestion of taking additional steps until the Council has a better understanding. Mayor Pro Tern Bhutta spoke of the point structure and asked staff if any points have been accumulated up to this time. Director of Public Works Seumalo replied by saying that 500 points have already been achieved which would give customers a 5% reduction. It was moved by Council Member Buckley and seconded by Mayor Pro Tern Bhutta to continue the item to the first Regular City Council meeting in August 2010. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; Noes: None; Absent: None. (13) Designation of Voting Delegates and Alternates to the League of California Cities Annual Conference. Recommendation: It is recommended that if one or more members of the City Council plan to attend the League of California Cities Annual Conference that the City Council designates a voting delegate and alternate for the Annual Business Meeting on Friday, September 17, 2010. City Manager Brady provided the City Council with a brief overview of this item. Page 20 of 26 Regular City Council Meeting Page 7 of 12 July 13, 2010 Council Member Hickman asked if anyone on the Council planned to attend the conference. Mayor Melendez indicated she felt it was important for her to attend the conference even if it meant paying for the conference herself. Mayor Pro Tern Bhutta expressed an interest in attending also. It was moved by Council Member Hickman and seconded by Council Member Buckley to designate Mayor Melendez to be the voting delegate at the League of California Cities Annual Conference and Mayor Pro Tern Bhutta as the alternate. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; Noes: None; Absent: None. (14) Residential Design Review No. 2010-02 Proposed for 36 Lots in De La Rosa Tract 32503 by Richmond American. Recommendation: It is recommended the City Council Adopt Resolution No. 2010-044 approving Residential Design Review No. 2010-02 as recommended by the Planning Commission. Planning Consultant Donahoe provided an overview of the project to City Council. She advised the recommendations to have shutters on each side of the windows could be achieved. She further stated that the developer held a community meeting with the existing residents in the area, and the residents in the area supported the project. She stated staff and the applicant were available to answer any questions the Council may have. There being no public comments on this item, Council Member Hickman pointed out that the developer planned on providing homes that were consistent with the surrounding area and thanked the developer for coming to the City. Mayor Pro Tern Bhutta also thanked the developer for coming to the community and thanked them for having the community outreach meeting. It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Hickman to approve Residential Design Review No. 2010-02 By Richmond American Homes at the De La Rose Tract No. 32503. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; Noes: None. Absent: None. Page 21 of 26 Regular City Council Meeting July 13, 2010 Page 8 of 12 (15) Consideration of Resolution No. 2010-045 Confirming Fiscal Year 2010-11 Special Taxes for: CFD 88-3 (West Lake Elsinore Public Improvements 3 Phases); CFD 95-1 (Lake Elsinore City Center Public Improvements); CFD 98-1 Canyon); CFD 2005-1 (Serenity); CFD 2005-2 (Alberhill Ranch); CFD 2005-5 (Villages at Wasson Canyon); CFD 2005-6 (City Center Townhomes); CFD CFD 2007-6 (Holiday Inn Express): CFD 2009-1 (Parks Open Space and Street Lighting Maintenance) Recommendation: It is recommended the City Council waive further reading and adopt Resolution No. 2010-045 requesting the Tax Collector of the County of Riverside to place special taxes on the bills of certain properties within the CFD. Director of Administrative Services Riley provided an overview of the special taxes with City Council. He indicated that Dennis Anderson with Francisco & Associates would be available to answer any questions Council may have. Council Member Hickman asked Mr. Anderson for clarification on certain Community Facilities Districts mentioned in the staff report. Dennis Anderson representing Francisco and Associates stated the delinquency rates that had been noted have reduced significantly resulting in some increases within some of the districts. He stated some of the districts would actually see a decrease in their special taxes of about $50. In additional to that, the improvements in Canyon Hills have not increased and the taxes would remain the same as last year. Mayor Melendez asked Mr. Anderson, when the taxes get paid when a bank takes over a foreclosed home. Mr. Anderson replied by saying if the bank takes over a foreclosed home, then the property taxes gets paid through the bank foreclosure. He stated the bank foreclosures sometimes take longer than tradition foreclosure process. It was moved by Council Member Hickman and seconded by Mayor Pro Tern Bhutta to adopt Resolution No. 2010-045, requesting the tax collector of the County of Riverside to place special taxes on the bills of certain properties within the CFD. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; Noes: None; Absent: None. Page 22 of 26 Regular City Council Meeting July 13, 2010 Page 9 of 12 (16) Consideration of an Agreement between the Lake Elsinore Valley Chamber of Commerce and the City Recommendation: It is recommended the City Council approve the agreement and authorize the Mayor to execute the agreement with the Lake Elsinore Chamber of Commerce. City Manager Brady provided an overview of the agreement to the City Council. Axel Zanelli, resident of Lake Elsinore asked Council what percentage of the business license holders in the City are Chamber members; what percentage of the Chamber's $75,000; could the Chamber of Commerce show an actual cost benefit for these funds; and why only Chamber Members are listed in the Chamber's Directory when all businesses in the City pay into the sales tax, yet they are not represented. Mr. Zanelli pointed out to the Council since the year 2001 the Chamber's budget increased from $12,000 $107,000. He pointed out to the Council that City staff has been reduced, Police services have been reduced and it is uncertain when the economy would turn around. He felt the amount of the Chamber's expenditures were unwarranted. He also suggested the Council to change some of the verbiage noted on page 5 of the agreement and recommended to have the item continued. Council Member Hickman agreed with Mr. Zanelli's comments that the agreement should be modified. Kim Cousin's, speaking on behalf of the Chamber of Commerce responded to Mr. Zanelli's questions. He stated there were 400 paying members to the Chamber of Commerce. He stated the City contracts the Chamber with specific services providing a total of $85,000 and the Chamber has provided the City a detailed record of the accounting. He stated the Chamber's Business Directory is for the members. He noted that every business in the City must pay for a license not a marketing agreement. He stated he provides a full set of monthly financial expenditures to the City Council as well as to City Staff. It was moved by Council Member Hickman and seconded by Mayor Pro Tern Bhutta to approve the agreement and authorize the Mayor to execute the agreement with the Lake Elsinore Valley Chamber of Commerce including the modifications to the languages under the Terms of Agreement and Notices from "may" to "shall". The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None; Absent: None (17) Consideration of Increase in Transient Occupancy Tax Recommendation: It is recommended the City Council (1) waive further reading and introduce by title only Ordinance No. 1281 amending Chapter 3.32 of the Lake Elsinore Municipal Code to increase the rate of the City's transient Page 23 of 26 Regular City Council Meeting July 13, 2010 Page 10 of 12 occupancy tax to 12% on hotels and campgrounds; (2) adopt Resolution No. 2010-046 ordering that a measure related to increasing the City's transient occupancy tax be submitted to the voters at the regular municipal election on November 2, 2010; and (3) authorize two members of the City Council to draft the argument in favor of the measure, which can be submitted to the entire City Council for review and approval at the City Council meeting on July 27, 2010. City Manager Brady provided the overview of the increase in transient occupancy tax (TOT). He pointed out to the public that in order to accomplish any change in the TOT, the City Council must authorize placing an ordinance on the ballot for the November 2, 2010 regular municipal election. Steve Manos, resident of the City stated that he had some concerns with raising the TOT taxes which could cause the businesses to increase their fees. He suggested having some percentage of the increase be dedicated towards tourism. Council Member Buckley discussed Temecula using a percentage of TOT funds to improve tourism noting is was voluntary. If the City of Lake Elsinore would consider setting something like that up then it would not be necessary for the measure to go on the ballot as it would be self imposed. He suggested the language on the ballot measure should include some type of dedication of 50% towards tourism and/or marketing. Mayor Melendez pointed out that when the issue was first mentioned, it sounded like a good idea; however now she had concerns after reviewing the chart included in the staff report particularly with the fact that most of the surrounding cities are at 10% or below and the City of Lake Elsinore is looking at 12%. Council Member Hickman pointed out that most of the surrounding areas are considering the same increases. He indicated that the voters are ultimately the ones who will determine whether or not to increase the TOT tax. Mayor Pro Tern Bhutta asked Mr. Kim Cousins if he has spoken with any of the City's hotel business owners on their thoughts of the increase. Mr. Kim Cousins of the Lake Elsinore Chamber of Commerce replied by saying he has had mixed reactions to the potential increase. He indicated the key factors in this issue would be where to apply the additional funds. Council Member Magee concurred with Council Member Buckley that the difference between 10% and 12% is about $1.79. He agreed with Council Member Hickman and let the voters decide. As far as what to do with the additional funds, he suggested they be applied to increasing police patrol hours or rehiring the staff that was just laid off. It was moved by Council Member Magee and seconded by Council Member Hickman to approve Ordinance No. 1281 and waive further reading and introduce by title only. The Page 24 of 26 Regular City Council Meeting Page 11 of 12 July 13, 2010 City Clerk read the title of the Ordinance into the record. The motion unanimously carried by the following roll call vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; Noes: None; Absent: None It was moved by Council Member Magee and seconded by Council Member Hickman to adopt Resolution No. 2010-046, ordering that a measure related to increasing the City's transient occupancy tax be submitted to the voters at the regular municipal election on November 2, 2010. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None; Absent: None The City Council recessed and convened to the Redevelopment Agency at 8:21 p.m. The City Council reconvened at 8:42 p.m. PUBLIC COMMENTS - NON AGENIZED ITEMS - 3 MINUTES Rick Morsch, resident of Lake Elsinore thanked Council Member Hickman for coming to the last Planning Commission meeting and thanked the City Council for selecting him to serve on the Commission. CITY MANAGER COMMENTS City Manager Brady commented on the following: • Wednesday, July 14th "Java Jive" at the Flour Fusion Bakery located on Main Street from 8:00 a.m. to 9:00 a.m. • Wednesday, July 14th "Coffee with the Mayor" at the Flour Fusion Bakery located on Main Street from 9:00 a.m. to 10:00 a.m. • Thursday, JUly 15th EDC Luncheon at the Diamond Club from 11:30 a.m. to 1:30 p.m. • Wednesday, July 21St "Movies in the Park" held at the Summerlake Park from 7:30 p.m. to 10:00 p.m. Free admission. • Thursday, July 22nd was the Chamber Mixer held at the "Links at Summerly" from 5:30 p.m. to 7:30 p.m. CITY ATTORNEY COMMENTS She had no comments. CITY COUNCIL COMMENTS Council Member Magee commented on the following: • He thanked Planning Commissioner's Jimmy Flores and Axel Zanelli for their four years of service to the community. Page 25 of 26 Regular City Council Meeting Page 12 of 12 July 13, 2010 • He spoke of the upcoming Baseball game to be held on July 14th at 11:45 a.m. and suggested joining in on the fun and support Lake Elsinore. Council Member Hickman commented on the following: • He noted that the weather is starting to heat up and asked for help from the community to assist the seniors that may need help with transportation to and from the Senior Center that would be used as a "cooling center". Mayor Melendez commented on the following: • She requested the City Manager provide the City Council with an updated timeline for the General Plan Update and a brief outline of what the Graffiti Taskforce has accomplished since the program was implemented. ADJOURNMENT The Lake Elsinore City Council adjourned the meeting at 8:47 p.m. to a regular meeting to be held on Tuesday, July 27, 2010, at 7:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE Page 26 of 26