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HomeMy WebLinkAboutCC Item No. 03 Approval of Minutes of ll-9-2010 and 11-23-2010CITY OF ^ LAKE ,I LSIIYQI~E DREAM EXTREME ru REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: DECEMBER 14, 2010 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council minutes are submitted for approval: (a) Regular City Council Meeting Minutes November 9, 2010 and November 23, 2010 (b) Regular City Council Meeting Minutes November 23, 2010 Recommendation Approve the Minutes as submitted. Prepared by: Dana C. Porche(~~~ s''"' Office Specialist Approved by: Carol Cowley Interim City Clerk Approved by: Robert A. Brady City Manager AGENDA ITEM NO. 3 Page 1 of 28 Paget of 28 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 09, 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, Fire Chief Lawson, Police Chief Fontneau, Redevelopment Agency Analyst Carlson and Office Specialist Porche. PLEDGE OF ALLEGIANCE Mayor Melendez invited Martin a member of Boy Scout Troop No. 99 in attendance to lead the audience in the Pledge of Allegiance. CITY COUNCIL CLOSED SESSION (1 a) 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) (1 b) CONFERENCE WITH LEGAL COUNSEL-- EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9) Carlos Stahl vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10020759) (1c) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code. Section 54956.9: 1 potential case Page 3 of 28 Regular City Council Meeting November 9, 2010 Page 2 of S City Attorney Leibold announced items 1 a through 1 c as listed on the agenda was discussed during closed session and there was no reportable action as to any of the items. PRESENTATIONS / CEREMONIALS • Chamber of Commerce Quarterly Update Mr. Viet Tran the Board Secretary of the Chamber of Commerce provided the City Council with the Quarterly Update for the 3`d quarter which included the following: • 16,000 full colored copies of the quarterly magazine were distributed • Launched the on-line version of the magazine on August 1st, 2010 • Advertising deadline for January 2011 is December 10th 2010 • Completed a comprehensive map of Lake Elsinore showing raised topography which has been requested by realtors, campsites and individuals seeking to relocate • National Society of Colonial Dames presented a plaque recognizing the Historic Significance of the Chimes • The Chamber of Commerce sponsored the Mayor's State of the City Address • Total contacts for the third quarter were 1,699 or approximately 566 per month Mayor Melendez asked Mr. Tran if he had any hand-out information that could be provided to the public regarding the schools in the community. Mr. Tran responded by saying he did not have the information with him, but would be happy to find out the information later. Mayor Melendez asked Mr. Tran if there was a way to tract women owned/veteran owned businesses in the community. Mr. Tran replied by saying he would check with the Chamber and get back to the Council. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Glenn Copple representing the Original Christmas Tree Lane spoke of an event to help raise funds to support the local youth organizations in the community. The event will take place at the Lake Elsinore Outlets in room 160 on December 3rd through 5th and December 10th through 12th with the drawing on December 12th at 4:00 p.m. C.J. Stewart, a resident of Lake Elsinore spoke of the successful Lake Elsinore Grand Prix event which many veterans attended. She thanked City Council for their contribution and looked forward to next year. CONSENT CALENDAR (2) Approval of Minutes Page 4 of 28 Regular City Council Meeting November 9, 2010 Page 3 of 8 Recommendation: It is recommended the City Council approve the following Minutes: a) Regular City Council Meeting - October 26, 2010 b) Joint City Council /Redevelopment Agency Meeting - October 26, 2010 (3) Warrant List Dated October 28. 2010 Recommendation: Authorize payment of Warrant List dated October 28, 2010. (4) Street Closures and Disbursements for "Unity in the Community Parade" Recommendation: Approve temporary street closures for the Unity Parade on November 20 and disbursements in the amount of $3,326. It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Hickman to approve Items 2 through 4 on 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) There is none scheduled. APPEAL(S) There is none scheduled. (5) Consideration of an Ordinance of the City Council of the City of Lake Elsinore, Recommendation: It is recommended the City Council Waive further reading and introduce by title only Ordinance No. 2010-1286 Amending Chapter 15.04 of the Lake Elsinore Municipal Code Designating Very High Fire Hazard Severity Zones in the City of Lake Elsinore. Fire Chief Lawson provided a brief overview of the report to the City Council. He stated based on the Local Responsibility Area Maps for Riverside County, it shows the Very High Fire Hazard Severity Zones in the Wildland Urban Interface which is where the new building standards would be applied. He stated the attached ordinance would adopt Very High Fire Hazard Severity Zones for the City as designated by the on-line Page 5 of 28 Regular City Council Meeting Page 4 of 8 November 9, 2010 map. He stated a copy of the map would be available in the Community Development Planning Department at City Hall. It was moved by Council Member Magee and seconded by Council Member Hickman to read by title only and waive further reading Ordinance No. 1286 amending Chapter 15.04 of the Lake Elsinore Municipal Code designating Very High Fire hazard Severity Zone in Lake Elsinore. The Office Specialist read the title of Ordinance No. 1286 into the record. The motion unanimously carried by the following roll call vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None (6) Consideration of Fiscal Year 2010-2011 First Quarter Budget Report Recommendation: It is recommended that that the City Council: (1) approve the recommended one-time expenditure of $213,397 related to July 1, 2010 layoffs from the general fund unallocated revenue; and (2) approve the First Quarter 2010-11 Budget Report. Director of Administrative Services Department Riley provided an overview of the First Quarter Budget with the City Council. He stated this report would communicate the status of the budget for the period of July 1, 2010 through September 30, 2010. He stated based on the review of the general funds revenues, no adjustments are recommended at this time. Mayor Melendez asked about the Ranger Program for the upcoming boating season. Police Chief Fontneau stated the department has provided several cost cutting options for the next lake season which are currently under review for consideration. He stated he hopes to have the final proposal back to the City Manager by the end of the calendar year. City Manager Brady added that he has been in contact with Assistant Deputy Cleary and he is working on various programs and ways to possibly use retired police officers. He stated any changes would come before the City Council for consideration. Mayor Pro Tern Bhutta inquired about the comment made in the staff report of the recommend budget adjustment at the mid-year budget for the new Animal Shelter which opened in Wildomar in October 2010. Director of Administrative Services Riley stated at this time staff is looking at additional services that possibly would be added. He stated staff would have a better idea at mid year. It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Buckley to approve the recommended one-time expenditure of $213,397 related to July 2, 2010 layoffs from the General Fund unallocated revenue and to approve the First Quarter 2010-2011 Budget Report. The motion unanimously carried by the following vote: AYES: Council Members: Buckley, Hickman, Magee, Mayor Pro Tem Bhutta and Mayor Melendez; NOES: None. Page 6 of 28 Regular City Council Meeting November 9, 2010 Page 5 of 8 (7) Consideration of Exception to Bid Procedures for Purchase and Installation of Play Equipment for McVicker Canyon Park Recommendation: Authorize exception to bid procedure and approve the purchase and installation of play equipment from GameTime. Council Member Magee reclused himself from the meeting at 7:25 due to a conflict of interest. Director of Lake and Aquatics Kilroy provided an overview of the project to the Council. He stated the equipment at McVicker Canyon Park is nearly twenty years old and needed to be replaced as it does not meet current compliance standards. He stated for a limited time only a manufacture named GameTime is offering grants for the purchases of playground equipment. He stated the City qualifies for a forty-five percent discount on the purchase of the play equipment resulting in a total expenditure of $118,170. He stated the City has allocated $130,000 for this project in the Capital Improvement Project Budget. He stated staff is requesting the Council authorize the exception of the bid procedures to expedite this process. Mayor Pro Tern Bhutta thanked Mr. Kilroy for providing the warranty information on the new equipment and asked if the old equipment had an existing warranty. Mr. Kilroy stated that the park equipment is almost twenty years old and he is not aware of an existing warranty. Mayor Pro Tern Bhutta asked Mr. Kilroy what the new equipment standards were. Mr. Kilroy stated the sand surface material is not ADA accessible and sun/shade covers are now part of the standards, which would be included in the new equipment. Mayor Pro Tern Bhutta asked, if approved, when the installation of the new equipment would be. Mr. Kilroy stated, if approved, the equipment could be ordered before the end of the year, if not sooner. Mayor Melendez asked how many of the City's Parks have equipment from GameTime. Mr. Kilroy replied by listing four other parks in the community. It was moved by Council Member Hickman and seconded by Council Member Buckley to authorize exception to the bid procedures and approve the purchase and installation of play equipment from GameTime. The motion carried by the following vote: AYES: Council Members: Buckley, Hickman, Mayor Pro Tern Bhutta and Mayor Melendez; ABSTAIN: Council Member Magee; NOES: None. Council Member Magee returned to the meeting at 7:32 p.m. (8) Consideration of 2011-2012 CDBG Allocation Recommendation: It is recommended the City Council: (1) adopt the Community Development Block Grant (CDBG) Program for Fiscal Year 2011- 2012; and (2) approve submittal of the City's program to the County of Riverside. Page 7 of 28 Regular City Council Meeting Page 6 of 8 November 9, 2010 Redevelopment Agency Analyst Carlson provided a brief overview of the 2011-2012 CDBG Allocation funds. He stated each year the City receives an allocation through the Economic Development Agency of Riverside County. He stated for the Fiscal Year of 2011-2012 funding program, the City hopes to receive approximately $215,321. He added the City's Code Enforcement Division is also recommending funding for the Nuisance Abatement Program. He stated as of October 25, 2010, the City received three outside public service agency applications for a total requested allotment of $70,000 and added there is no fiscal impact to the General Fund resulting from the allocation of the CDBG funds. Council Member Magee noted that Mr. Ron Hewison from the charitable organization known as H.O.P.E. spoke earlier regarding his organization. He stated thanks to the generous donation from Southern California Edison, the organization would be able to feed 800 families this Thanksgiving. It was moved by Council Member Magee and seconded by Mayor Pro Tern Bhufta to adopt the Community Development Block Grant (CDBG) Program for the fiscal Year. 2011-2012 and approve submittal of the City's program to the County of Riverside. The motion unanimously carried by the following vote: AYES: Council Members: Buckley, Hickman, Magee, Mayor Pro Tem Bhutta and Mayor Melendez; NOES: None. The City Council recessed and convened to the Redevelopment Agency at 7:35 p.m The City Council reconvened at 7:42 p.m. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES There were none. CITY MANAGER COMMENTS City Manager Brady commented on the following: • Wednesday, November 10th is Java Jive at the Flour Fusion Gourmet Bakery; Cafe & Coffeehouse from 8:00 to 9:30 a.m. The location of the Bakery is at 133 North Main Street, Lake Elsinore. • Wednesday, November 10th is Coffee with the Mayor from 9:00 a.m. - 10:30 a.m. at the Flour Fusion Gourmet Bakery, Cafe & Coffeehouse. • Wednesday, November 10th is the Tourism Business Summit Roundtable from 6:00 p.m. to 8:00 p.m. at the Lake Elsinore Outlet Center. The cost is free. • Tuesday, November 16th is the Joint Study Session to be held at the City's. Cultural Center at 5:00 p.m. The topic is the Housing Element. Page 8 of 28 Regular City Council Meeting Page 7 of 8 November 9, 2010 • Thursday, November 18th is the EWDC Luncheon, a conversation with Assemblyman Jeffries and Nestande from 11:30 a.m. to 1:00 p.m. The cost is $15 for members and $20 for non-members. The event will be held at the Diamond Stadium. • Thursday, November 18th is the Business networking Mixer Benefiting Cops for Kids to be held at Lake Chevrolet located at 31201 Auto Center Drive from 5:30 p.m. to 7:30 p.m. The cost is one new unwrapped gift. • November 19th -20th from 10:00 a.m. to 3:00 p.m. would be the Art Show and Sale located at the City's Cultural Center. The cost is free. • Saturday, November 20th is the Unity in the Community Parade from 10:00 a.m. to 12:00 p.m. The cost is free to spectators and $20 for parade entries. The event would be held on Historic Downtown Main Street in Lake Elsinore. • Saturday, November 20th is the Free Craft and Story Time with Mrs. Claus from 2:00 p.m. to 4:00 p.m. The cost is free and would be held at the Lake Elsinore Outlets. • November 25th and 26th the City Hall would be closed for the Thanksgiving Holiday. CITY ATTORNEY COMMENTS She had no comments. COMMITTEE REPORTS There were no comments. CITY COUNCIL COMMENTS Council Member Magee commented on the following: • He spoke of the great success of the Lake Elsinore Grand Prix and thanked the Police, Fire and staff members for all their help. Council Member Hickman commented on the following: • He thanked all of the voters. • He requested City Manager Brady to check the City's campgrounds. • He advised the public that the LA Slams are scheduled to play their first game on December 4th at the Temescal Canyon High School at 7:30 p.m. Page 9 of 28 Regular City Council Meeting Page 8 of 8 November 9, 2010 Council Member Buckley commented on the following: • He advised the public of the construction taking place at the intersection of Riverside Drive and Lakeshore known as the four-corners, and construction should be completed in January 2011. Mayor Pro Tem Bhutta commented on the following: • She stated this Thursday, November 11th is Veteran's Day and be sure to thank a Veteran for all their service. Mayor Melendez commented on the following: • She advised the public of the election results and stated there are still provisional votes that need to be counted before the final results are posted. • She reminded those who ran for office to be sure to have their signs removed within seven days after the election. • She spoke of a couple of incidents that recently happened in the City and thanked the Police Department for all their efforts. ADJOURNMENT Mayor Melendez adjourned the meeting in memory of three service men who lost their lives while serving our country. They are Staff-Sergeant Jordan Emeric and Corporal Randy Braggs who were killed while serving duty in Afghanistan and Police Officer Ryan Bonaminio who was killed while on duty in the City of Riverside. The Lake Elsinore City Council adjourned the meeting at 7:51 p.m. to a regular meeting on Tuesday, November 23, 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: DANA C. PORCHE, OFFICE SPECIALIST CITY OF LAKE ELSINORE Page 10 of 28 MINUTES JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 23, 2010 CALL TO ORDER Mayor Melendez called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA COUNCIL MEMBER HICKMAN COUNCIL MEMBER MAGEE ABSENT: COUNCIL MEMBER BUCKLEY (arrived of 4:39 p.m.) 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, Redevelopment Analyst Carlson, NPDES Coordinator Thompson, Building Official Chipman and City Clerk Cowley. CITY COUNCIL CLOSED SESSION (1a) 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) (1 b) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9) Carlos Stahl vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10020759) (1 c) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case (1d) PUBLIC EMPLOYMENT (GOV'T CODE ~ 54957): CITY CLERK Page 11 of 28 Joint City Council Study Session November 23, 2010 PRESENTATIONS / CEREMONIALS Page 2 of 8 Presentation of Spirit of Courage Award to canine trainer and TIP Awardee from Lake Elsinore Police Department Mayor Melendez requested the Council add an item to the Presentation/Ceremonial portion of the Agenda, a letter of appreciation to the Unity in the Community Parade organizers. It was moved by Mayor Melendez and seconded by Council Member Hickman to add a letter of appreciation to the organizers of the Unity in the Community Parade under Presentation/Ceremonial. The motion carried by the following vote: AYES: Council Members: Hickman, Magee, Mayor Pro Tem Bhutta and Mayor Melendez; NOES: None; ABSENT: Council Member Buckley. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE There were no comments. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the following minutes: a) Joint City Council /Redevelopment Agency Meeting - November 23, 2010 (3) Warrant List Dated November 15. 2010 Recommendation: Authorize payment of Warrant List dated November 15, 2010. Mayor Pro Tern Bhutta asked about the following warrants and staff provided the following responses: • Warrant No. 104454 to A & E Glass Repair, Inc in the amount of $735.20 was for repair of a broken window in the Engineering Division at City Hall. • Warrant No. 104455 to Alliance Environmental & Compliance in the amount of $1,800 was for the removal of an asbestos pipe located at the intersection of Mountain and Lake Street. • Warrant No. 104509 to Pauley Equipment of Temecula, Inc in the amount of $1,758.42 was to repair a tractor which is used by the Public Works Department for the Weed Abatement Program. Page, 12 of 28 Joint City Council Study Session November 23, 2010 Page 3 of 8 • Warrant No. 104537 to Sungard Public Sector, Inc. in the amount of $40,340.96 was for the annual renewal license. City Manager Brady indicated the renewal is under the IT Department and is paid yearly. (4) Investment Report for October 2010 Recommendation: It is recommended the City Council receive and file the Investment Report for October 2010. Council Member Hickman stated he appreciated the report prepared by the Finance Department. (5) Notice of Cessation of Special Tax - 29456 Village Parkway Recommendation: It is recommended the City Council direct the City Clerk to execute the Notice of Cessation of Special Tax for 29456 Village Parkway and submit the executed document to the Riverside County Recorder's office for recordation. Council Member Magee asked which unit this was for. Dennis Anderson with Francisco & Associates indicated the Notice of Cessation of Special Tax was for one unit at 29456 Village Parkway which is a model home. He stated they can only pay off the tax if there is a building in place and the City cannot pay off a vacant lot. (6) Consideration of Winterfest Celebration and Street Closures Recommendation: It is recommended the City Council approve temporary street closures for the Winterfest event on December 3rd from 1:00 p.m. to 11:00 p.m. for Main Street, Graham Avenue, Sulphur Street and Limited Avenue. Council Member Hickman asked how much snow the City would be supplying for the event. Director of Lake and Aquatics Kilroy replied by saying he did not have the exact amount of snow that would be delivered, but did say the cost was approximately $5 thousand. (7) Consideration of National Pollutant Discharge Elimination System Urban Runoff Discharge Permit Implementation Agreement, Santa Ana Region Recommendation: It is recommended the City Council approve the NPDES Urban Runoff Discharge Permit Implementation Agreement and authorize execution by the Mayor. Mayor Pro Tem. Bhutta noted the estimated cost would be $41,000 for fiscal year 2010- 2011 and asked what the costs were previously. NPDES Coordinator Rita Thompson stated the previous year was $4,000. She stated the reason for the increase was for Page 13 of 28 Joint City Council Study Session Page 4 of 8 November 23, 2010 the new permit fees issued by the Santa Ana Regional Board have increased. Mayor Pro Tern Bhutta asked if the City was informed of the increase. Ms. Thompson replied by saying, during the negotiation process for the new permit, one of the issues was the cost increase. She stated the City requested to defer or delay the implementation and they refused. Mayor Melendez requested Ms. Thompson to explain the increase to the audience at the 7:00 p.m. meeting. Ms. Thompson stated the cost increases were mainly for new plans that were implemented which included monitoring within the water shed. Mayor Melendez asked if there was a particular board that made the decision. Ms. Thompson stated it was the Santa Ana Regional Water Quality Control Board. Mayor Melendez requested Ms. Thompson to forward to the Council the names of all the Board Members. Council Member Magee concurred with the Mayor's comments. He stated part of the Council's responsibility is to make sure that the City has adequate funds available to close all of the County's landfills. He stated the increase is simply to fund needless regulations and to provide additional employment in Sacramento. He stated the newest member of the Regional Water Quality Control Board for the Santa Ana Region is Greg Morrison. (8) . Consideration of Award of Construction Contract for the Annual Concrete Maintenance Program Project No. 4024 Recommendation: It is recommended that the City Council: (1) award the annual Concrete Maintenance Program to Above All Names Construction Services, Inc. in the amount of $130,000.00; and (2) authorize the City Manager to execute the contract with Above All Names Construction Services, Inc. in the amount of $130,000.00. City Manager Brady requested items 8 and 9 be pulled and requested the City Council reject all bids for these projects. He stated the projects would be going back out to bid due to some concerns in the bidding process. (9) Consideration of Award of Construction Contract for the Annual Asphalt Maintenance Program Project No. PMP 11 Recommendation: It is recommended that the City Council: (1) award the annual Asphalt Maintenance Program to Hardy & Harper, Inc. in the amount of $282,000.00; and (2) authorize the City Manager to execute the contract with Hardy and Harper, Inc. in the amount of $282,000.00. (10) Consideration of Encroachment Agreement for a Retaining Wall at 32375 Ontario Way Recommendation: It is recommended the City Council approve the Encroachment Agreement; authorize the City Manager to execute the document; and record the Easement Agreement with Riverside County. Page 14 of 28 Joint City Council Study Session Page 5 of 8 November 23, 2010 Council Member Magee thanked staff for all their efforts. He stated the applicant built a retaining wall outside his property line. He stated the error was discovered by the inspectors and they requested the applicant correct it. He stated the addition is a tremendous investment and enhances the property. He thanked staff for their patience. Mayor Pro Tern Bhutta asked City Attorney Leibold to comment on the agreement. City Attorney Leibold replied that she drafted the agreement which states that the City would not be held responsible for any damages or liability to the retaining wall. Mayor Pro Tern Bhutta asked if there were adjacent properties that might consider the same. Director of Public Works Seumalo stated the property is located at the end of Ontario Way. He stated this property is mostly impacted by the drainage; however, it does fall adjacent to other properties. Council Member Hickman asked if the applicant had a land surveyor show him where the property lines were. Director of Public Works Seumalo stated he was not aware of what the applicant's methods were for construction, but stated the agreement is not just for drainage but also to include maintenance. Mayor Melendez stated it bothers her that everyone in his neighborhood knows what he did, and he constructed the wall regardless. Director of Public Works Seumalo stated the error was discovered by the inspectors. He stated when the error was discovered, the applicant came to city hall and expected the City to come to an agreement and move forward. Mayor Melendez asked staff if the applicant would be present for the 7:00 p.m. meeting. City Attorney Leibold confirmed that she spoke with the applicant earlier and confirmed he would be present. PUBLIC HEARING(S) (11) Public Hearing - Introduction of an Ordinance Adopting by Reference California Buildinq Standards Code and Resolution Setting Forth Findings with respect to Local Conditions Recommendation: It is recommended the City Council: (1) adopt Resolution No. 2010-067 setting forth findings with respect to local conditions; and (2) waive further reading and introduce by title only Ordinance No. 2010-1287 Amending Chapters 15.02, 15.20, 15.24, 15.38, 15.40, and 15.56 and adding Chapters 15.06, 15.32, 15.42 and 15.48 to the Lake Elsinore Municipal Code adopting the 2010 California Building Standards Code. Council Member Hickman asked the Building Official if this requirement is only for two- story homes or whether it was a requirement for single story homes as well. Building Official Chipman stated all newly constructed single family homes would be required to have sprinkler systems installed. Page 15 of 28 Joint City Council Study Session November 23, 2010 Page 6 of 8 Mayor Pro Tern Bhutta stated the information on page 3 of 27 in item no. 9 conflicts with page 25 and requested Building Official Chipman to clarify. Building Official Chipman stated that item no. 9 addresses the exceptions to the code. He stated all newly constructed single-family homes are going to be required to have sprinkler systems installed. He stated the section addresses existing structures that had alterations. He stated the sprinkler system would be designed in a way that should a fire occur, not all sprinklers would be activated; only the one that is necessary. He indicated the code is confusing and he would research the code for her further. APPEAL(S) There is none scheduled. BUSINESS ITEM(S) (12) Recommendation: It is recommended the City Council, on second reading, adopt Ordinance No. 2010-1286 by title only and waive further reading, Amending Chapter 15.04 of the Lake Elsinore Municipal Code Designating Very High Fire Hazard Severity Zones in Lake Elsinore The City Council recessed to the Redevelopment Agency at 4:28 p.m. REDEVELOPMENT AGENCY Chairman Magee called the meeting to order at 4:28 p.m. ROLL CALL PRESENT: CHAIRMAN MAGEE MEMBER BHUTTA MEMBER HICKMAN MEMBER MELENDEZ ABSENT: VICE-CHAIR BUCKLEY Also present: Executive Director Brady, Agency Counsel Leibold, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Redevelopment Analyst Carlson, NPDES Coordinator Thompson, Building Official Chipman and Secretary Cowley. Page 16 of 28 Joint City Council Study Session November 23, 2010 CLOSED SESSION Page 7 of 8 Agency Counsel Leibold announced the Agency Board would recess to Closed Session at 5:00 p.m. to discuss the following item: (1a) CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9 CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Joint City Council/Redevelopment Agency Meeting - November 9, 2010. (3) Warrant List Dated November 15. 2010 Recommendation: Authorize payment of Warrant List dated November 15, 2010. (4) Investment Report - October 2010 Recommendation: Receive and File the Investment Report for October 2010. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEM(S) No business items scheduled. ADJOURNMENT The Redevelopment Agency adjourned at 4:29 p.m The City Council reconvened at 4:29 p.m. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council would adjourn to Closed Session at 5:00 p.m and the City Council would discuss Closed Session Items 1a through 1d as listed on the agenda. Page 17 of 28 Joint City Council Study Session November23,2010 ADJOURNMENT Page 8 of 8 There being no further business to come before the City Council, the meeting was adjourned at 4:30 p.m. to closed session at 5:00 pm and the regular meeting at 7:00 p. M. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE Page 18 of 28 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 23, 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, Fire Chief Lawson, Police Chief Fontneau, and City Clerk Cowley. PLEDGE OF ALLEGIANCE Mayor Melendez invited Jeanie Corral to lead the audience in the Pledge of Allegiance. CITY COUNCIL CLOSED SESSION (1a) 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) (1b) CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9) Carlos Stahl vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10020759) (1c) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case (1d) PUBLIC EMPLOYMENT (GOV'T CODE & 54957): CITY CLERK Page 19 of 28 Regular City Council Meeting Page 2 of 10 November 23, 2010 City Attorney Leibold announced that Closed Session items 1a through 1c as listed on the agenda was discussed during closed session and there was no reportable action. She advised the public that item 1d is pertaining to the recruitment of a new City Clerk as Interim City Clerk Cowley's contract is expiring in January. Ms. Cowley has advised the Council she would not be renewing her contract in order to spend time with her family. PRESENTATIONS/CEREMONIALS Police Chief Fontneau introduced several Riverside County Deputies to the City Council including the newest member to the Police Department "Tessa". He stated "Tessa" is a 3 year old Belgium Malinois Shepherd which serves the canine unit. Her trainer/handler Deputy Cranfill won 2nd place in the annual Canine Trials. Police Chief Fontneau also introduced Deputies Becool, Beman, Morales and Wheeler all received the Heroes with Heart Award from the Trauma Intervention Program in September. Officers Acosta, Waters, and Ibarra also received "Heroes with Heart" award and the "Phil Armentrout Memorial" award for saving the life of an elderly woman earlier this year. Police Chief Fontneau thanked all of them for their efforts while going beyond the call of duty.. • Recognition for the organizers of the Unity in the Community Parade. Mayor Melendez paid recognition to all the volunteers who helped organized and assisted with the Unity in the Community Parade. Jeanie Corral spoke on behalf of the honored volunteers and committee members. She stated the event is organized by all volunteers with the exception of city staff members and stated although this year's parade had to be cancelled due to rain, she hoped that the parade could be rescheduled to a later time. Mayor Melendez presented a bouquet of flowers to Jeanie Corral and Kathye Aniol for their efforts with organizing the parade. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE There were no comments. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the following minutes: a) Joint City Council /Redevelopment Agency Meeting - November 23, 2010 Page 20 of 28 Regular City Council Meeting Page 3 of 10 November 23, 2010 (3) Warrant List Dated November 15. 2010 Recommendation: Authorize payment of Warrant List dated November 15, 2010. (4) Investment Report for October 2010 Recommendation: It is recommended the City Council receive and file the Investment Report for October 2010. (5) Notice of Cessation of Special Tax - 29456 Village Parkway Recommendation: It is recommended the City Council direct the City Clerk to execute the Notice of Cessation of Special Tax for 29456 Village Parkway and submit the executed document to the Riverside County Recorder's office for recordation. (6) Consideration of Winterfest Celebration and Street Closures Recommendation: It is recommended the City Council approve temporary street closures for the Winterfest event on December 3rd from 1:00 p.m. to 11:00 p.m. for Main Street, Graham Avenue, Sulphur Street and Limited Avenue. (10) Consideration of Encroachment Agreement for a Retaining Wall at 32375 Ontario Way Recommendation: It is recommended the City Council approve the Encroachment Agreement; authorize the City Manager to execute the document; and record the Easement Agreement with Riverside County. It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Hickman to approve Items 2 through 6 and Item No. 10, excluding Items 7, 8 and 9 on 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. ITEMS PULLED FROM THE CONSENT CALENDAR (7) Consideration of National Pollutant Discharge Elimination System Urban Runoff Discharge Permit Implementation Agreement, Santa Ana Region Recommendation: It is recommended the City Council approve the NPDES Urban Runoff Discharge Permit Implementation Agreement and authorize execution by the Mayor. Page 21 of 28 Regular City Council Meeting Page 4 of 10 November 23, 2010 Council Member Buckley pulled this item in order to explain to the audience the reasons for the fee increases and the purpose for the water shed. It was moved by Council Member Hickman and seconded by Mayor Pro Tern Bhufta to approve the NPDES Urban Runoff Discharge Permit Implementation Agreement and authorize execution by the Mayor. The motion carried by the following vote: AYES: Council Members: Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; NOES: None. ABSTAINED: Council Member Buckley. (8) Consideration of Award of Construction Contract for the Annual Concrete Maintenance Program Project No. 4024 Recommendation: It is recommended that the City Council: (1) award the annual Concrete Maintenance Program to Above All Names Construction Services, Inc. in the amount of $130,000.00; and (2) authorize the City Manager to execute the contract with Above All Names Construction Services, Inc. in the amount of $130,000.00. (9) Consideration of Award of Construction Contract for the Annual Asphalt Maintenance Program Project No. PMP 11 Recommendation: It is recommended that the City Council: (1) award the annual Asphalt Maintenance Program to Hardy & Harper, Inc. in the amount of $282,000.00; and (2) authorize the City Manager to execute the contract with Hardy and Harper, Inc. in the amount of $282,000.00. City Manager Brady requested that City Council reject all bids for both Item Nos. 8 and 9. He advised the public that staff would make minor corrections to the bids and then re-bid the projects again. It was moved by Council Member Magee and seconded by Council Member Hickman to reject all bids from Item Nos. 8 and 9 under the Consent Calendar and direct staff to re- bid both projects. 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) (11) Public Hearing - Introduction of an Ordinance Adopting by Reference California Recommendation: It is recommended the City Council: (1) adopt Resolution No. 2010-067 setting forth findings with respect to local conditions; and (2) waive further reading and introduce by title only Ordinance No. 2010-1287 Amending Chapters 15.02, 15.20, 15.24, 15.38, 15.40, and 15.56 and adding Chapters Page 22 of 28 Regular City Council Meeting November 23, 2010 Page 5 of 10 15.06, 15.32, 15.42 and 15.48 to the Lake Elsinore Municipal Code adopting the 2010 California Building Standards Code. Mayor Melendez opened the Public Hearing at 7:36 p.m. Building Official Chipman provided the City Council with a brief overview of the project by stating every three years the California Building Standards Commission adopts and publishes codes of regulations. He stated after publication each local agency (city) has up to six months to make the necessary changes and amendments to the codes prior to the adoption. He stated the ordinance before the Council is necessary in order to meet the State's requirements that each local agency adopts using the most current additions to the Building Standard Codes. Mayor Pro Tern Bhutta stated during the 4:00 p.m. study session she requested Mr. Chipman to provide further information regarding the type of dwellings that would be required to have sprinkler systems installed. Building Official Chipman responded by saying the code deals with various types of occupancy and each occupancy has specific requirements for sprinkler systems and the building code specifies the exact requirements which are necessary. Council Member Hickman asked what would be the average added cost to have a sprinkler system installed to a house. Building Official Chipman responded by saying the cost is based on the square footage of the dwelling. He stated it changes with each developer but on the average the cost is in the range of $2,500 to $3,000 per single- family house. Mayor Melendez requested Building Official Chipman to explain to the audience what would happen should a homeowner decide to add a deck to their property. Building Official Chipman stated this change would not affect the existing code. He stated in 2008, the Code in Chapter 7A discussed specific zones that are subject to High Fire Hazard Zones which requires any wood, decks or structures that are attached to the building or are within ten feet, to be constructed with fire resistant material. He stated there are also three new building standard codes that would be going into effect to include Green Building Standard Codes, Energy Codes and Residential Building Codes. Mayor Pro Tern Bhutta asked Building Official Chipman to explain to the audience what would happen should a fire occur in a homeowner's garage. Building Official Chipman stated the sprinkler heads are positioned in a way to regulate the direction of the spray of water. He stated should a fire occur in the garage, then only the sprinkler heads in that area would be activated. Mayor Melendez closed the Public Hearing at 7:43 p.m Page 23 of 28 Regular City Council Meeting Page 6 of 10 November 23, 2010 It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Magee to approve and adopt Resolution No. 2010-067 setting forth findings with respect to local conditions; and to waive further reading and introduce by title only Ordinance No. 2010- 1287 Amending Chapters 15.02, 15.20, 15.24, 15.38, 15.40 and 15.56 and adding Chapters 15.06, 15.32, 15.42 and 15.48 to the Lake Elsinore Municipal Code adopting the 2010 California Building Standards Code. The motion unanimously carried by a'roll call vote: AYES: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; NOES: None. APPEAL(S) There is none scheduled. BUSINESS ITEM(S) (12) Second Reading - Severity Zones in Lake Elsinore Recommendation: It is recommended the City Council, on second reading, adopt Ordinance No. 2010-1286 by title only and waive further reading, Amending Chapter 15.04 of the Lake Elsinore Municipal Code Designating Very High Fire Hazard Severity Zones in Lake Elsinore It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Hickman to adopt Ordinance No. 2010-1286 by title only and waive further reading amending Chapter 15.04 of the Lake Elsinore Municipal Code Designating Very High Fire Hazard Severity Zones in Lake Elsinore. 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. The City Council recessed and convened to the Redevelopment Agency at 7:43 p.m. The City Council reconvened at 7:44 p.m. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES There were none. CITY MANAGER COMMENTS City Manager Brady commented on the following: • November 26 - 28 10:00 a.m. - 8:00 p.m is the "Let's Go Skating" event located at the Lake Elsinore Outlets. This event is free. For information contact Christina Riojas - 951-245-0087 Page 24 of 28 Regular City Council Meeting November 23, 2010 Page 7 of 10 • December 1 - 17 is the HOPE Food Drive to be held at the Lake Elsinore Outlets. For Information: Christina Riojas - 951-245-0087 • Friday, December 3rd is the Winterfest 2010 from 5:00 p.m. - 9:00 p.m at the Historic Downtown Main Street. • Wednesday, December 8th is Java Jive at the Flour Fusion Gourmet Bakery, Cafe & Coffeehouse from 8:00 to 9:30 a.m. The location of the Bakery is at 133 North Main Street, Lake Elsinore. • Wednesday, December 8th is the Coffee with the Mayor from 9:00 a.m. - 10:30 a.m. at the Flour Fusion Gourmet Bakery, Cafe & Coffeehouse. • Saturday, December 11th is Breakfast with Santa Pancake Breakfast and Station Tour from 8:30 a.m. - 10:30 a.m. He stated the cost is $5 per person and would be held at the Fire. Station #10 located at 410 W. Graham Avenue Lake Elsinore. For further information: Lake Community Center- 951-245-0442 • Saturday, December 18th is Breakfast with Santa located at Fire Station #85, 29405 Grand Avenue Lake Elsinore. He stated the cost is $5. For further information: Lake Community Center at 951-245-0442 CITY ATTORNEY COMMENTS She had no comments. COMMITTEE REPORTS There were no comments. CITY COUNCIL COMMENTS Council Member Magee commented on the followin • He thanked Interim City Clerk Cowley for all her service she has provided the City. • He congratulated all the members of the Lake Elsinore Police Department that received awards and thanked them for all their hard work while protecting the City. • He wished everyone a Happy Thanksgiving. Council Member Hickman commented on the following: • He wished the community a Happy Thanksgiving. Page 25 of 28 Regular City Council Meeting November 23, 2010 Page 8 of 10 Council Member Buckley commented on the following: • He wished everyone a Happy Thanksgiving. • He thanked Interim City Clerk Cowley for the excellent service she provided to the City. Council Member Buckley made the following statement: He stated while it is still unclear exactly what the make-up of the City Council will become December 14th, the experiences of the recent months and years clearly show the need for significant electoral reforms. As the City Policy Manual can be interpreted as a form of a contract, I believe that, pending legal review, the following items could be included in the policy manual and could be enforceable either through the agreement of each and every elected official to abide by the manual as a condition of service or that certain items in the manual could be codified either through ordinance or resolution. No matter who is on the Council going forward, I believe the following items should be strongly considered. • No member of the Council shall accept any campaign contribution of any kind from any person or company while that person or company is suing the City of Lake Elsinore. • Unless directly requested by the Council as a whole, no Council Member shall have any interaction with a person and / or company that is suing the City. • No Council Member will act as the public representative for any for-profit private enterprise that has pending or will obviously soon have pending significant regulatory and / or entitlement business before the City. • Any Council Member who is convicted of or pleads guilty to any misdemeanor or felony related directly to City and / or campaign activities shall immediately resign his or her council seat. • Any Council Member who is aware of inappropriate and / or illegal campaign activities committed by a third-party must report said activities to the proper authorities. If it is discovered later through an independent outside investigation that the Council Member did not report said activities that Council Member shall resign his or her seat effective immediately. • Any sitting Council Member who is fined by the FPPC for campaign-related impropriety shall pay to the City from personal funds a fine equivalent to the fine paid to the FPPC. • All Council Members shall assume that all campaign donations and expenditures (subject to State monetary limits) are subject to public reporting. Page 26 of 28 Regular City Council Meeting Page 9 of 10 November 23, 2010 • The City Council shall have the power of public censure and / or reprimand in cases of inappropriate activities of Council Members regarding City business and / or campaign matters. • The City Council shall have the power of censure and / or reprimand regarding the leaking of information from closed session. If the Council does find facts confirming said disclosure the Council shall report such information to the District Attorney's office. • In cases in which information is leaked from closed session that involved City personnel matters, the Council may, by super-majority vote, elect to conduct its inquiry into the incident in camera and make its decision in camera provided that the decision is relayed to the public immediately upon being reached. • In cases in which the Council feels it necessary to employ third-party investigative assistance, the Council and City Attorney shall jointly agree on the engagement of an independent third-party. • No City property, including real property, city-owned equipment, etc, may be use for personal political purposes by a sitting Council Member. Violation of this policy will be subject to censure. • Save for confidential and or legal communications, all emails sent to, from, and / or by any Council Member through the City system are to be considered public record. • All records pertaining to City-owned, Council Member assigned cellular phone used are defined as public record. • Any Council Member who, personally or through a third-party agent, is involved in the intimidation and / or threatening of any person or organization because of political differences (statements or support, donation, etc.) or theft of political and / or campaign materials or participates in the specific and or general subversion of the laws and regulations regarding the electoral process shall be subject to censure, reprimand, and or prosecution to the fullest extent of the law and shall resign upon a finding or admission of guilt and or complicity. • The submission of any candidate's ballot qualification materials shall be considered complete and final at the time and on the date set for the specific election and may not be modified in any way (for example, the payment of a bounced ballot access check, etc.) after that time. Mayor Pro Tern Bhutta commented on the following: • She wished Interim City Clerk Cowley the best of luck in her future. • She suggested everyone shop locally during the holiday season. • She thanked Chief Fontneau for all his hard work. Page 27 of 28 Regular City Council Meeting Page 10 of 10 November 23, 2010 Mayor Melendez commented on the following: • She thanked all of the officers who were recognized earlier. • She thanked the members who helped organize the Unity in the Community Parade. • She spoke of the Business Summit which was conducted this month which she and Council Members Magee and Hickman attended. She stated they received good information from the business owners in town which will give the Council an idea of which direction to go. • She stated she attended the funeral services for Police Officer Ryan Bonaminio who was killed while on duty. She stated the ceremony was very moving and she was touched by all the positive comments made by those who knew him. • She wished the community a Happy Thanksgiving Holiday. ADJOURNMENT The Lake Elsinore City Council adjourned the meeting at 7:56 p.m. to a regular meeting to be held on Tuesday, December 14, 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 28 of 28