The URL can be used to link to this page

Home My WebLink About11-23-2010 City Council MinutesMINUTES 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 (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) (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 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 • Presentation of Spirit of Courage Award to canine trainer and TIP Awardee from Lake Elsinore Police Department. 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 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 Tem 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. 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 Tem Bhutta 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 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. Regular City Council Meeting November 23, 2010 It was moved by Mayor Pro Tern Bhutta and approve and adopt Resolution No. 2010-067 conditions; and to waive further reading and in 1287 Amending Chapters 15.02, 15.20, 15. Chapters 15.06, 15.32, 15.42 and 15.48 to th the 2010 California Building Standards Code. call vote: AYES: Council Members: Buckley, and Mayor Melendez; NOES: None. APPEAL(S) There is none scheduled. BUSINESS ITEM(S) Page 6 of 10 seconded by Council Member Magee to setting forth findings with respect to local troduce by title only Ordinance No. 2010- 24, 15.38, 15.40 and 15.56 and adding e Lake Elsinore Municipal Code adopting The motion unanimously carried by a roll Hickman, Magee, Mayor Pro Tern Bhufta (12) Second Reading - Adoption of Ordinance No. 2010-1286 Amending Chapter 15.04 of the Lake Elsinore Municipal Code Designating Very High Fire Hazard 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 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 Ricjas - 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 following: • 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: 0 He wished the community a Happy Thanksgiving. Regular City Council Meeting Page 8 of 10 November 23, 2010 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 14`h, 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. 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 Tem 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. 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 ClT CLERK CITY OF LAKE ELSINORE (J