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Home My WebLink About08-10-2010 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 10, 2010 .............................................................................. ............................... CALL TO ORDER Mayor Melendez called the Regular City Council Meeting to order at 7:00 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, Police Chief Fontneau, Fire Chief Hendershot, and Interim City Clerk Cowley. PLEDGE OF ALLEGIANCE Mayor Melendez invited Eddie Cruz to lead the audience in the Pledge of Allegiance. CITY COUNCIL CLOSED SESSION 1) Conference with Legal Counsel — Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 554956.0: 1 potential case. City Attorney Leibold announced one item was discussed under Closed Session and there was no reportable action. PRESENTATIONS /CEREMONIALS PowerPoint Presentation by Eddie Cruz regarding the services provided by Planet Youth. Regular City Council Meeting Page 2 of 9 August 10, 2010 Eddie Cruz and Alexis Media provided a PowerPoint Presentation to the City Council on how the Planet Youth program helps train youths for future employment. He advised for further information on the program people may call (951) 471 -8415. PUBLIC COMMENTS Sharon Gallina, resident of the City regarding Pacific Clay & Pacific Aggregate which is a division of Castle & Cook. She stated the problems had been discussed with the past Community Development Director regarding noise and dust and they have requested the City to mandate the hours of operation. City Manager Brady stated that staff has had many meetings regarding the issues. Mayor Melendez asked Ms. Gallina to contact her for further discussion. Paulie, resident of the City spoke of the issues with Pacific Clay & Pacific Aggregate and provided further information regarding a meeting held regarding the issues with Pacific Clay. She stated 70 individuals attended the meeting. She stated the problems still exist and have been for three years. She further stated that AQMD is willing to help the residents and for further information call (800) 288 -7664. Jose Carvajal representing Lake Elsinore Unified School District advised the public that school will commence on August 11th and provided the public of the starting times. He provided a projection of last years student scores from the spring testing and advised the Council that Tuscany Hills Elementary School would be expanding which would add ten additional classrooms and an additional parking lot. Donna Franson representing the Lake Elsinore Citizens Committee provided an update to the Council. She stated the next meeting would be held on Thursday, August 19th at 7:00 p.m. at the Tuscany Hills Recreation Center. She stated for further information please call (951) 674 -1989. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the following minutes: a) Joint City Council /Redevelopment Agency Meeting — July 13, 2010 b) Regular City Council Meeting —July 13, 2010 (3) Warrant List Dated July 29, 2010 Recommendation: Authorize payment of Warrant List dated July 29, 2010. Regular City Council Meeting Page 3 of 9 August 10, 2010 (4) Consideration of Resolution No. 2010 -055 Establishing a Filing Fee for Processing an Initiative Petition Recommendation: It is recommended the City Council adopt Resolution No. 2010 -055 establishing a fee for the processing of an initiative petition for any municipal measures. (5) Sidewalk Construction — Various Locations Notice of Completion / Change Order No. 1 Project No. 4308 Recommendation: It is recommended the City Council (1) accept the improvements into the City maintained system; (2) City Council requests the Mayor to sign the Notice of Completion and have the City Clerk file the Notice of Completion with the County Recorder; and (3) release all retention monies 35 days after the filing of the Notice of Completion. It was moved by Council Member Magee and seconded by Council Member Hickman to continue Item No. 2a and approve items 2b through 5 under the Consent Calendar. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; Noes: None. PUBLIC HEARING(S) (6) Consideration of Ordinance No. 2010 -1280 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: It is recommended that the City Council (1) open the Public Hearing and give due consideration to any objections presented by the public on this date; and (2) upon due consideration of public comment, waive further reading and introduce Ordinance No. 2010 -1280 by title only amending and restating Chapter 15.64 of the Lake Elsinore Municipal Code regarding Flood Damage Prevention. Mayor Melendez opened the Public Hearing at 7:18 p.m. Director of Public Works Seumalo provided an overview of the report to City Council Council Member Hickman inquired about the area known as manufacturing and asked what would happen should someone own some land in that area could they still construct something if the pad elevation was high enough. Director of Public Works Seumalo stated should the proposed changes that are before Council this evening get approved, they could construct a building. Any correspondence received on this project: None Regular City Council Meeting Page 4 of 9 August 10, 2010 Any requests to speak on this project: None The Public Hearing closed at 7:23 p.m. It was moved by Council Member Hickman and second by Council Member Buckley to waive further reading and introduce by title only an ordinance amending and restating Chapter 15.64 of the Lake Elsinore Municipal Code regarding flood Damage Prevention. City Clerk read the Title of the Ordinance No. 2010 -1280 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. (7) Consideration of Ordinance No. 2010 -1285 and Resolution No. 2010 -056 Rescinding Project Approval for Lake Street Market Place Recommendation: It is recommended the City Council (1) waive further reading and introduce by title only Ordinance No. 1285 rescinding Ordinance No. 1264; and (2) adopt Resolution No. 2010 -056 rescinding the project approvals previously approved by the City Council and the Planning Commission related to the Lake Street Market Project. Mayor Melendez opened the Public Hearing at 7:25 p.m. City Attorney Leibold provided an overview of the item to the City Council. Any correspondence received on this project: None Any requests to speak on this project: None The Public Hearing was closed at 7:26 p.m. Council Member Hickman asked if this would have any affect with the New General Plan. City Attorney Leibold stated this action would not affect the General Plan. It was moved by Council Member Hickman and seconded by Mayor Pro Tern Bhutta to waive further reading and introduce by title only an ordinance rescinding Ordinance No. 1264. The City Clerk read the Title of Ordinance No. 2010 -1285, 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. Regular City Council Meeting Page 5 of 9 August 10, 2010 It was moved by Council Member Hickman and seconded by Mayor Pro Tern Bhutta to adopt Resolution No. 2010 -056, a resolution of the City Council rescinding the project approvals previously approved by the City Council and the Planning Commission related to the Lake Street Market project. 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 APPEAL(S) There are none. BUSINESS ITEM(S) (8) Adoption of Ordinance No. 1282 Approving Amendment No 3 to the Canyon Hills Specific Plan (Second Reading) Recommendation: It is recommended the City Council adopt Ordinance No. 2010 -1282 by title only and waive further reading approving Amendment No. 3 to the Canyon Hills Specific Plan. It was moved by Council Member Buckley and seconded by Council Member Magee to adopt Ordinance No. 2010 -1282 by title only and waive further reading approving Amendment No. 3 to the Canyon Hills Specific Plan. The City Clerk read the Title of Ordinance No. 2010 -1282 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 (9) Second Reading — Ordinance No. 1283 of the City Council of the City of Lake Elsinore, California, Amending Sections 6.04 020 6.04 030 6.04.060, 6.04.070, 6.04.140, 6.04.150. 6.04.245 and Exhibit A to Chapter 6.04 of the Lake Elsinore Municipal Code Regarding Animal Control and Adoption of Resolution No 2010- 057 Establishing Fees and Charges for Animal Control Services Recommendation: It is recommended the City Council: (1) waive further reading and adopt Ordinance No. 1283 by title only to become effective on October 1, 2010; and (2) adopt Resolution No. 2010 -057 establishing fees and charges for animal control services as of the designated effective dates as set forth in Exhibit A. Director of Lake and Aquatic Kilroy provided the staff report to Council. Mayor Melendez asked if the fees proposed in the staff report were considered a draft. Director of Lake and Aquatic Kilroy replied by saying it is staff's final version of the fee schedule. Regular City Council Meeting Page 6 of 9 August 10, 2010 Any correspondence received on this project: None Any requests to speak on this project: None Mayor Pro Tem Bhutta asked Ms. Bagwell at what age the senior rate begins. Ms. Bagwell stated the age for senior citizens starts at 62. Mayor Pro Tem Bhutta asked if the amount of an individual's income was ever considered. Ms. Bagwell stated no. Mayor Pro Tem Bhutta stated with the increase of the rates, it may deter seniors from getting their animals licensed. Council Member Hickman agreed with Mayor Pro Tem Bhutta's comments and pointed out that although the fees would increase, it is a necessity. It was moved by Council Member Hickman, and seconded by Council Member Buckley to waive further reading and adopt Ordinance No. 1283 by title only to become effective on October 1, 2010. The City Clerk read the Title of Ordinance No. 2010 -1283, 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. It was moved by Mayor Melendez, and seconded by Mayor Pro Tem Bhutta to adopt Resolution No. 2010 -057, a resolution of City Council and to have a separate vote for the fees for Kennel /Cattery/Pet shop licenses. The motion unanimously carried by the following vote: Ayes: Councjl Members: Buckley, Hickman, Magee, Mayor Pro Tem Bhutta and Mayor Melendez; Noes: None. Mayor Pro Tem Bhutta asked Ms. Bagwell if she knew what percentage seniors have their pets licensed. Ms. Bagwell stated she would provide the figures to the Council. Mayor Melendez advised Council that she would be abstaining from the next vote as she was not involved with the increase of fees and how they were established. It was moved by Mayor Pro Tem Bhutta and seconded by Council Member Buckley that City Council approve the proposed fee schedule for the licenses and have the current rates remain for altered pets for senior citizens. The motion carried by the following vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tem Bhutta; Noes: None. Abstained: Mayor Melendez Council Member Hickman suggested having the fees brought back to City Council within one year if they were not successful. Regular City Council Meeting Page 7 of 9 August 10, 2010 It was moved by Council Member Magee and seconded by Mayor Pro Tern Bhutta to not increase the fees for breeders under the section of Kennel /Cattery/Pet shop license. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; Noes: None. (10) Adoption of Ordinance No. 1284 adopting the City Public Works Standard Drawings (Second Reading) Recommendation: It is recommended that the City Council adopt by title only and waive further reading of Ordinance No. 1284 adopting the Public Works Standard Drawings. Any correspondence received on this project: None Any requests to speak on this project: None It was moved Mayor Pro Tern Bhutta and seconded by Council Member Hickman that the City Council adopt by title only and waive further reading of Ordinance No. 2010 -1284, adopting the Public Works Standard Drawings. The City Clerk read the title of Ordinance No. 2010 -1284 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. (11) Consideration of City Website Design Enhancements Update Presentation Recommendation: it is recommended the City Council receive and file this report. Information Technology Supervisor Soto provided a PowerPoint presentation to the City Council. Mayor Melendez advised the Council that the recommendation is to receive and file. The City Council recessed and convened to the Redevelopment Agency at 7:53 p.m. The City Council reconvened at 7:55 p.m. PUBLIC COMMENTS — NON AGENIZED ITEMS — 3 MINUTES There were none. Regular City Council Meeting Page 8 of 9 August 10, 2010 CITY MANAGER COMMENTS City Manager Brady commented on the following: • Wednesday, August 11th is the Java Jive Networking Event at 8:00 a.m. to 9:30 a.m. at Flour Fusion Gourmet Bakery located at 133 North Main Street. • Wednesday, August 11th is the Coffee with the Mayor from 9:00 a.m. to 10:30 a.m. at Flour Fusion Gourmet Bakery located at 133 North Main Street. • Saturday, August 14th & August 21St is the "Concerts in the Park 2010" from 7:30 p.m. to 9:30 p.m. at the McVicker Canyon Park. This event is free of charge. • Thursday, August 19th is the EWDC Luncheon with McMillin Communities & Civic Partners from 11:30 a.m. to 1:00 p.m. at the Diamond Club. For more information call (951) 245 -8848 • Saturday, August 21St is the Friends in Sight from 8:00 a.m. to 3:00 p.m. at the Storm Stadium. This event is free of charge. CITY ATTORNEY COMMENTS She had no comments. CITY COUNCIL COMMENTS Council Member Hickman commented on the following: • He reminded the community that school stared tomorrow and to be sure to keep a look out for small children. • He requested the old Burger King property located on Mission Trail and Diamond Drive be cleaned up. City Manager Brady indicated the property is currently in escrow and staff is working to have the property cleaned up. _Mayor Melendez commented on the following: • She advised that the City of Lake Elsinore was recently documented in the magazine known as Westways. • She reminded the community that she would be available on Wednesday morning at Flour Fusion for "Coffee with the Mayor ". She advised the public that she received a request from some of the business owners in the community to do the same for the business owners. She asked the business owners to provide her with some suggestions on what day and time that would be best for all. Regular City Council Meeting August 10, 2010 ADJOURNMENT Page 9 of 9 The Lake Elsinore City Council adjourned the meeting at 8:00 p.m. to a regular meeting to be held on Tuesday, August 24, 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: al CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE