HomeMy WebLinkAbout12-14-2010 City Council MinutesuZMTRYPR
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, DECEMBER 14, 2010
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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
COUNCIL MEMBER TISDALE
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 Nicholas Tisdale to play the State's National Anthem followed
by a moment of silent prayer.
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)
(1c) CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION
(Subdivision (a) of Gov't Code § 54956.9) Harding vs. City of Lake Elsinore
(Riverside Superior Court Case No. RIC 445294)
Regular City Council Meeting
December 14, 2010
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(1d) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Gov't Code
Section 54956.9: 1 potential case
City Attorney Leibold advised the public that the City Council met in Closed Session to
discuss four items which are identified on the Agenda. She stated there was no
reportable action in cases 1a and 1b and in item 1c the City did consent to settlement in
the case as proposed by Joint Powers Insurance Authority. She stated item 1d involved
one potential case of anticipated litigation and there is no reportable action.
PRESENTATIONS / CEREMONIALS
• Recognition to the Elsinore High School Football Team
Mayor Melendez recognized the Elsinore High School Football Team for their
outstanding accomplishment on winning the 2010 CIF Championship game. She
presented a football trophy to Coaches Matt Purkiss, Tom Wilson and Darin Weismann.
PUBLIC COMMENTS — NON -AGENDIZED ITEMS — 1 MINUTE
There were no comments.
DECLARATION OF GENERAL MUNICIPAL ELECTION RESULTS
(2) Consideration of Resolution No. 2010 -068 Reciting the Facts of the General
Municipal Election held on November 2 2010 and Declaring the Result Thereof
Recommendation: That the City Council (1) adopt Resolution No. 2010 -068
Reciting the Facts of the General Municipal Election held on November 2, 2010,
Declaring the Result and Such other Matters as may be provided by law; (2)
direct the City Clerk to deliver Certificates of Election to each of the persons
elected to office; and (3) direct the City Clerk to administer the Oath of Office as
prescribed in the Constitution of the State of California.
Mayor Melendez presented two plaques to outgoing Council Member Buckley for his
accomplishments and the service that he provided while serving on the Council for the
past several years.
Council Member Buckley thanked those who supported him over the past decade. He
stated he could not express enough the friendship, donations and words of support
have meant to him. He congratulated Mr. Tisdale on winning the election and stated it
has been an honor and privilege serving the people of Lake Elsinore.
Regular City Council Meeting
December 14, 2010
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It was moved by Council Member Magee and seconded by Council Member Hickman to
approve and adopt Resolution No. 2010 -068 Reciting the Facts of the General
Municipal Election held on November 2, 2010 and declaring the result thereof. The
motion unanimously carried by the following vote: AYES: Council Members: Hickman,
Magee, Mayor Pro Tern Bhutta and Mayor Melendez; NOES: None. ABSENT: Buckley
City Clerk Cowley gave the Oath of Office to Council Member Elect Tisdale and Council
Member Hickman.
CONSENT CALENDAR
(3) Approval of Minutes
Recommendation: It is recommended the City Council approve the following
minutes:
a) Regular City Council Meetings — November 9, 2010 and November 23,
2010.
b) Joint City Council /Redevelopment Agency Meeting — November 23, 2010.
(4) Warrant List Dated November 30, 2010
Recommendation: Authorize payment of Warrant List dated November 30,
2010.
(5) Termination of the Proclamation of the City Council Suspending Burning Permits
and other uses of open fire
Recommendation: It is recommended the City Council terminate the
proclamation suspending the issuance of burn permits and other uses of open
fire that became effective on July 28, 2010.
(6) Consideration of New Copier Lease with Innovative Document Solutions, Inc. for
the City Clerk's Department
Recommendation: It is recommended the City Council: (1) Approve the digital
copier lease proposal and designate and authorize the City Manager to execute
the 60 -month Municipal Lease agreement with Canon Financial Services, Inc.,
for a Canon iR2535 digital copier; and (2) Approve service proposal by
Innovative Document Solutions Inc. (based on monthly CMAS Service
Agreement #GS- 25F- 0023M) and designate and authorize the City Manager to
execute the Service Agreement with Innovative Document Solutions Inc. to
maintain a Canon iR2535 digital copier, per the stated terms and conditions.
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December 14, 2010
It was moved by Council Member Magee and seconded by Mayor Pro Tern Bhutta to
approve the Consent Calendar. The motion unanimously carried by the following vote:
AYES: Council Members: Hickman, Magee, Tisdale, Mayor Pro Tern Bhutta and
Mayor Melendez; NOES: None.
PUBLIC HEARING(S)
(7) Public Hearing to Consider an Interim Urgency Ordinance Enacted Pursuant to
Government Code Section 65858 to Extend Urgency Ordinance No 1272 for an
Additional 12 Months and to Continue for this Period the Temporary Prohibition
Against Establishment and Operation of All Marijuana Manufacturing Activities
Recommendation: It is recommended the City Council (1) approve the report
prepared by staff on the measures taken so far to alleviate the conditions which
led to the adoption of Ordinance No. 1272 placing a moratorium on the
establishment or operation of Marijuana Manufacturing Activities; and (2) waive
further reading and adopt by title only by a four -fifths vote: Interim Urgency
Ordinance No. 2010 - 1288 -U Enacted Pursuant to Government Code Section
65858 to Extend Urgency Ordinance No. 1272 for an Additional 12 months and
Continue for this Period the Temporary Prohibition Against Establishment and
Operation of all Marijuana Manufacturing Activities.
Mayor Melendez opened the Public Hearing at 7:14 p.m
City Attorney Leibold provided an overview of the item to Council. She indicated that
the City adopted Ordinance No. 1268 on December 22, 2009 which established a 45-
day moratorium. On January 26, 2010 the City adopted Ordinance No. 1272 which
established a 10 month, 15 -day moratorium regulating or prohibiting marijuana
manufacturing actives. She indicated the current moratorium will expire on December
20, 2010 and staff is recommending extending the moratorium until December 20, 2011
due to discrepancies in the law which has not been resolved.
Council Member Magee advised Council that he and Council Member Hickman
received an email from an individual who supported staff's recommendations.
Public requests to speak: None
Mayor Melendez closed the Public Hearing at 7:17 p.m.
Council Member Magee pointed out to the public that the voters of California voted
against Proposition 19 in addition, a petition was circulated which would allow the use of
dispensaries, yet the petition did not have enough signature to qualify having the item
placed on the ballot. He stated based on this, he believes that the public supports
staff's recommendation.
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December 14, 2010
It was moved by Council Member Magee and seconded by Council Member Hickman to
read by title only and waive further reading Ordinance No. 2010- 1288 -U extending
interim urgency Ordinance No. 1272 for an additional 12 months and continue for this
period the temporary prohibition against establishment and operation of all marijuana
manufacturing activities. The City Clerk read the title of Ordinance No. 2010- 1288 -U
into the record. The motion unanimously carried by the following roll call vote: Ayes:
Council Members: Hickman, Magee, Tisdale, Mayor Pro Tern Bhutta and Mayor
Melendez. Noes: None
There is none scheduled.
BUSINESS ITEM(S)
(8) Second Reading — Adoption of 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 Lake Elsinore Municipal Code Adopting the 2010 California
Building Standards Code
Recommendation: It is recommended the City Council, on second reading,
adopt by title only and waive further reading, Ordinance No. 2010 -1287.
Mayor Melendez indicated this is the second reading for this ordinance and requested
any comments from the Council.
It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Tisdale to
read by title only and waive further reading 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 Lake Elsinore Municipal Code adopting the 2010 California
Building Standards Code. The motion unanimously carried by the following roll call
vote: Ayes: Council Members: Hickman, Magee, Tisdale, Mayor Pro Tem Bhutta and
Mayor Melendez. Noes: None
(9) Consideration of Riverside County Mortgage Credit Certificate Program
Participation
Recommendation: It is recommended the City Council adopt Resolution No.
2010 -069 approving the City's participation in the County of Riverside Mortgage
Credit Certificate Program.
Redevelopment Analyst Carlson provided an overview of the item to Council. He stated
at the 4:00 p.m. study session a question was raised as to which of the surrounding
cities were participating in this program. Mr. Carlson indicated he was unable to locate
the list for this year; however, last year the only cities that did not participate were
Coachella, Indian Wells, La Quinta, Palm Desert and Rancho Mirage. Mayor Melendez
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December 14, 2010
asked if he knew why those cities did not participate. Mr. Carlson replied by saying he
called the County but was unable to get an answer.
Mayor Pro Tem Bhutta requested staff to post the information on the City's Web site for
public viewing and pointed out to the public that there is no cost to the City with the
exception of the publication notice in the City's local newspaper.
Mayor Melendez asked Mr. Carlson where the target area census tract came from. Mr.
Carlson stated that he tried to look up the information after the 4:00 p.m. meeting;
however, he was unsuccessful. He stated that he would research the information later
and have a response to Council.
Council Member Hickman advised the public that this would not have any effect on the
City's income.
It was moved by Mayor Pro Tem Bhutta and seconded by Council Member Magee to
approve and adopt Resolution No. 2010 -069, a resolution of the City Council authorizing
the participation of the City in the County of Riverside Mortgage Credit Certificate
Program. The motion unanimously carried by the following vote: Ayes: Council
Members: Hickman, Magee, Tisdale, Mayor Pro Tem Bhutta and Mayor Melendez.
Noes: None
(10) Consideration of Project Budget Adjustment Community Center for Proiect
Design
Recommendation: It is recommended that the City Council approve the budget
adjustment in the amount of $35,000 from Fund 117.
Public Works Director Seumalo provided a brief overview of the report to Council. He
indicated at the 4:00 p.m. study session, questions were asked regarding the use of the
money. He stated the funds would be used for altering the customer service counter,
staff offices and restrooms to comply with ADA standards and also replace the kitchen
cabinets, facility doors, flooring and other ancillary improvement s to the gymnasium.
Mayor Pro Tem Bhutta asked when the project would commence and end. Public
Works Director Seumalo replied by saying the project would need to go out for request
for proposal for an architect by the end of December. He stated he anticipates
construction would take approximately 3 months.
Mayor Melendez asked if anyone wished to speak on this item: None
It was moved by Mayor Pro Tem Bhutta and seconded by Council Member Hickman to
approve the budget adjustment in the mount of $35,000 from Fund 117. The motion
unanimously carried by the following vote: Ayes: Council Members: Hickman, Magee,
Tisdale, Mayor Pro Tem Bhutta and Mayor Melendez. Noes: None
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December 14, 2010
(11) Consideration of Grant of Easements to Elsinore Valley Municipal Water District
Recommendation: It is recommended the City Council authorize the City
Manager to process the easement documents and instruct staff to forward the
documents to the County for recordation.
Public Works Director Seumalo provided the reading of the staff report to Council. He
stated Elsinore Valley Municipal Water District (EVMWD) is in the process of improving
the quality of their overall water distribution system and they are asking the City for two
easements. He stated there is no fiscal impact to the city and all costs related to the
easements shall be at the responsibility of EVMWD.
Mayor Melendez asked if anyone wished to speak on this item: None
Mayor Pro Tern Bhutta asked if there was a time limit on what would be considered
"temporary". Public Works Director Seumalo stated staff typically evaluates the request.
He stated it is not unusual to have a one year easement.
It was moved by Council Member Tisdale and seconded by Council Member Hickman
to authorize the City Manager to process the easement documents and instruct staff to
forward the document to the County for recordation.
(12) Annual Reorganization of the City Council to select the Mayor and Mayor Pro
Tern
Recommendation: That the City Council: (1) Open the floor and accept
nominations for Mayor; close the nominations and conduct a roll call vote; (2)
Appointed Mayor assume the chair and open and accept nominations for Mayor
Pro Tem; close the nominations and conduct a roll call vote.
Mayor Melendez opened the floor for nominations for mayor
Council Member Magee nominated Mayor Pro Tern Bhutta.
Council Member Hickman nominated Mayor Melendez.
There being no further nominations, the City Clerk took a roll call vote for the nomination
of Council Member Bhutta for Mayor: Ayes: Council Members: Magee, Tisdale and
Mayor Pro Tern Bhutta. The majority of Council voted to elect Mayor Pro Tern Bhutta
as Mayor.
Mayor Bhutta thanked the Council for opportunity to lead the City of Lake Elsinore for
the next year stating she is honored to do so. She stated she looked forward to working
with the Council Members, staff members and the City Manager. She stated that
everyone needs to work together as they have in the past and to do what is best for the
City and residents. She thanked Mr. Thomas Buckley for his service to the City and
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December 14, 2010
wished him the best. She stated Council Member Melendez had done an outstanding
job over the past year and it is her intention to do the same in the best capacity that she
can.
Mayor Bhutta opened the floor for nominations for Mayor Pro Tem. She nominated
Council Member Magee for Mayor Pro Tem.
Council Member Hickman nominated Council Member Melendez for Mayor Pro Tem.
There being no further nominations the City Clerk took a roll call vote for the nomination
of Council Member Magee for Mayor Pro Tem: Ayes: Council Members: Magee,
Tisdale, Hickman, Melendez and Mayor Bhutta. The Council voted unanimously to
elect Council Member Magee as Mayor Pro Tem.
(13) Consideration of Cancelling the Regular City Council meeting of December 28
2010
Recommendation: It is recommended the City Council consider cancelling the
study session and regular meeting of the City Council and Redevelopment
Agency for December 28, 2010.
City Manager Brady stated the next regular meeting is scheduled for Tuesday,
December 28 which falls between the Christmas and New Year's Holiday. He stated
staff recommends that the City Council consider cancelling the Study Session and the
regular City Council and Redevelopment Agency meetings, on December 28, 2010 in
order to allow staff member to spend time with their families
It was moved by Mayor Pro Tem Magee and seconded by Council Member Melendez to
cancel the Study Session and regular meetings of the City Council and Redevelopment
Agency on December 28, 2010. The motion unanimously carried by the following
vote: AYES: Council Members: Hickman, Melendez, Tisdale, Mayor Pro Tem Magee
and Mayor Bhutta; NOES: None.
The City Council recessed and convened to the Redevelopment Agency at 7:35 p.m
The City Council reconvened at 7:44 p.m.
PUBLIC COMMENTS — NON -AGENDIZED ITEMS — 3 MINUTES
Mark Dennis representing the Lake Elsinore Unified School District advised the Council
that he would be attending the Council meetings on a regular basis in order to provide
updates to the Council. He congratulated Mayor Bhutta and Council Member Tisdale
and thanked Council for all their support to the School District over the past year. He
advised Council of the re- organization of the School Board and stated that he looked
forward to a successful new year.
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December 14, 2010
California State Assembly Member Kevin Jeffries represents the 66th Assembly District
provided updates to the Council regarding a conversation that occurred with Governor -
elect Brown. He stated the Governor plans on dealing with the States budget crises
immediately and his goal is to deal with it in his first term with some massive budget
cuts. He stated the Governor will also turn to some tax approvals that would go on the
next ballot. He stated local government would be somewhat protected given the
passage of Proposition 22. He suggested inviting Governor Brown out to the City of
Lake Elsinore to show him around as it was his father that helped put water into the lake
during the severe drought in the 1950s.
CITY MANAGER COMMENTS
City Manager Brady commented on the following:
• December 17th is the last day to drop off cans of food for the Food Drive at the Lake
Elsinore Outlet Center. For information contact Christina Riojas — 951 - 245 -0087
• Saturday, December 18th is Breakfast with Santa from 8:30 a.m. to 10:30 a.m. at
Fire Station #85 at McVicker Canyon Park. Cost is $5.00 per person.
• Firefighters Spark of Love Annual Toy Drive for children in need. Donate a new
unwrapped toy or sports equipment. Drop off locations are at each Fire Station
which is open from 8:00 a.m. to 5:00 p.m. now through December 24th. Contact
information is (951) 538 -6910.
• He congratulated Elsinore High School for winning the Football CIF Championship.
• He congratulated Council Members Hickman and Tisdale for winning the election
and Mayor Bhutta on becoming Mayor and Mayor Pro Tern Magee, RDA Chairman
Melendez and to Vice Chairman Tisdale and stated he looked forward to a
productive new year.
• He thanked formal Council Member Buckley for all his service over the past several
years and wished him well.
CITY ATTORNEY COMMENTS
• She congratulated Mayor Bhutta, Mayor Pro Tern Magee, and Council Member
Tisdale for winning the election and being nominated as Vice Chair to the
Redevelopment Agency. She congratulated Redevelopment Chairperson Melendez
and Chairman Hickman to the Public Finance Authority.
• She thanked former Council Member Buckley for all his service and wished
everyone a Happy New Year.
COMMITTEE REPORTS
There were no comments.
CITY COUNCIL COMMENTS
Regular City Council Meeting Page 10 of 11
December 14, 2010
Mayor Pro Tern Maqee commented on the followinq•
• He congratulated the Elsinore Tigers for winning the CIF Football Championship.
• He thanked Council Member Buckley for his many years of service serving on the
City Council.
• He congratulated Council Member Hickman for winning another term in office and
welcomed Council Member Tisdale to the Council.
• He thanked former Mayor Melendez on her fine job serving as Mayor for the past
year and congratulated her on being nominated as the RDA Chairperson and
congratulated Mayor Bhutta on her nomination of being elected as Mayor.
Council Member Hickman commented on the following:
• He thanked the voters for all the support and trust and stated he looked forward to
working with the citizens of the city for the next four years.
• He congratulated Elsinore High School for winning the CIF Championship
• He congratulated Mayor Bhutta, Vice Chairperson Melendez and Council Member
Tisdale.
• He wished everyone happy holidays.
Council Member Melendez commented on the following:
• She congratulated Elsinore High School on winning the CIF Championship.
• She reminded the public of the Holiday Fee Waiver which ends December 31, 2010.
• She advised the public that HOPE is still in need of donations to needy families.
She stated if anyone is able to help to contact Mr. Ron Hewison at (951) 285 -1354.
• She wished everyone a safe and Happy New Year and a Merry Christmas.
Council Member Tisdale commented on the following:
• He thanked his family for all the support they gave during the election period, all the
voters who voted for him, and all the Council Members that supported him during the
election. He stated it is an exciting time and he looked forward to all the upcoming
challenges.
• He thanked former Council Member Tom Buckley for all he did during the campaign
period and noted all of his accomplishments.
• He wished everyone a Merry Christmas and a Happy New Year.
Mayor Bhutta commented on the following:
• She congratulated Elsinore High School on their recent accomplishment of winning
the CIF Championship.
• She congratulated Council Member Hickman and Council Member Tisdale for
winning the election.
• She wished everyone Happy Holidays.
Regular City Council Meeting
December 14, 2010
ADJOURNMENT
Page 11 of 11
The Lake Elsinore City Council adjourned the meeting at 8:01 p.m. to a regular meeting
to be held on Tuesday, January 11, 2011 at 7:00 p.m. in the Cultural Center located at
183 N. Main Street, Lake Elsinore, CA 92530.
MELISSA MELENDEZ, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
CAR -L OWLE , WTERIM CITY ERK
CITY OF LAKE ELSINORE