HomeMy WebLinkAbout07-13-2010 City Council MinutesMINUTES
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
(1 a) 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.
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 o n 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.
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 and seconded by Mayor Pro Tern Bhutta to
approve Consent Calendar Items 2 through 8. 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
Regular City Council Meeting
July 13, 2010
PUBLIC HEARING(S)
Page 4 of 12
(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.
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 Tem 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
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 Tern Bhutta and
Mayor Melendez; Noes: None; Absent: None
It was moved by Mayor Pro Tern 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 Bhutta 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 Bhutta
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.
Regular City Council Meeting
July 13, 2010
Page 6 of 12
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) 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.
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.
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.
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
Paramedic Services); CFD 2003-2 (Canyon Hills); CFD 2004-3 (Rosetta
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 Tem Bhutta and Mayor Melendez; Noes: None; Absent:
None.
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 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.
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 Tem 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
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
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 Tem 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 Commissioners Jimmy Flores and Axel Zanelli for their four
years of service to the community.
Regular City Council Meeting
July 13, 2010
Page 12 of 12
• 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
ATTE
C COWLEY, INTERI ITY CLERK
CITY OF LAKE ELSINORE