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HomeMy WebLinkAbout01-25-2011 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 25, 2011 CALL TO ORDER Mayor Bhutta called the City Council Meeting to order at 7:00 p.m. ROLL CALL PRESENT: MAYOR BHUTTA MAYOR PRO TEM MAGEE COUNCIL MEMBER HICKMAN COUNCIL MEMBER MELENDEZ COUNCIL MEMBER TISDALE ABSENT: NONE Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Building & Safety/Code Enforcement Manager Chipman, Director of Lake and Aquatics Kilroy, Police Lieutenant Anne, Fire Chief Lawson and Office Specialist Porche. 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) (1 c) CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code Section 54957.6) City negotiator: City Manager Robert Brady Employee organization: Lake Elsinore Chapter of Laborer's International Union of North America, Local 777 (1d) PUBLIC EMPLOYMENT (Gov't Code § 54957): City Clerk Regular City Council Meeting January 25, 2011 Page 2 of 10 (1e) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases City Attorney Leibold announced that Closed Session items 1a through 1e as listed on the agenda was discussed during closed session and there was no reportable action. PRESENTATIONS / CEREMONIALS • Business of the Quarter • Certificate of Recognition to Helen Jeong • Introduction of Volunteer Coordinator Mayor Bhutta honored Sizzlers Restaurant for earning the Business of the Quarter recognition. She stated that Sizzler's Restaurant has been operating in the City for 24 years. Mayor Bhutta honored Helen Jeong for her service volunteering for several organizations throughout the community. Mayor Bhutta introduced Lolita Richards, the new Volunteer Coordinator for the City. Ms. Richards volunteers her time on Tuesdays, Wednesday's and Thursday's from 9:00 a.m. to noon. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Jeanie Corral advised the community of the new date for the Unity in the Community Parade which would be on February 26, 2011, at 10:00 a.m. CONSENT CALENDAR (2) Warrant Lists Dated January 13, 2011 Recommendation: Authorize payment of Warrant Lists dated January 13, 2011 (3) Investment Report for December 2010 Recommendation: It is recommended the City Council receive and file the December 2010 Investment Report. (4) Community Facilities District No. 2006-01 (Summerly)• Dissolving Existing Improvement Areas Designating New Improvement Areas and Reducing Maximum Bond Authorization Regular City Council Meeting January 25, 2011 Page 3 of 10 Recommendation: It is recommended the City Council (1) Waive further reading and adopt Resolution No. 2011-005 dissolving improvement areas within the City of Lake Elsinore Community Facilities District No. 2006-01 (Summerly) and designating new improvement areas within said Community Facilities District; (2) Waive further reading and adopt Resolution No. 2011-006 of intention to incur bonded indebtedness in the amounts not to exceed $4,000,000, $6,500,000, $7,000,000, $9,000,000, $6,500,000 and $7,000,000 within Improvement Area A, Improvement Area B, Improvement Area C, Improvement Area D, Improvement Area E and Improvement Area F, respectively, of the City of Lake Elsinore Community Facilities District No. 2006-01 (Summerly). It was moved by Mayor Pro Tern Magee and seconded by Council Member Melendez to approve the Consent Calendar. The motion unanimously carried by the following vote: AYES: Council Members: Hickman, Melendez, Tisdale, Mayor Pro Tem Magee and Mayor Bhutta; NOES: None. PUBLIC HEARING(S) (5) Public Hearing - Resolution Approving the Issuance of Lake Elsinore Public Financing Authority Tax Allocation Revenue Bonds (Launch Ramp Project), 2011 Series A In the Aggregate Principal Amount Not to Exceed $6,000,000; Approving a Bond Purchase Contract A Protect Area No. 1 Loan Agreement, A Continuing Disclosure Agreement and A Preliminary Official Statement; and Authorizing the Taking of Certain Other Actions Related Thereto; (2) Resolution of the City Council of the City of Lake Elsinore California Making Findings Pursuant to Health and Safety Code Section 33445.1 Relating to Payment of All or Part of the Costs of the Boat Launch Protect; (3) Resolution of the Redevelopment Agency of The City Council of the City of Lake Elsinore, California Approving the Funding of the Boat Launch Project. Recommendation: It is recommended that the City Council (1) adopt City Resolution No. 2011-007 authorizing issuance of bonds and authorize bond documents; and (2) adopt Resolution No. 2011-008 Making Finding Pursuant to Health and Safety Code Section 33445.1. Mayor Bhutta opened the Public Hearing at 7:16 p.m. Chairwoman Melendez called the Redevelopment Agency to order at 7:16 p.m. Chairman Hickman called the Public Financing Authority to order at 7:16 p.m. Director of Administrative Services Riley provided an overview of the project to the Council and Agencies. Chairwoman Melendez noted that the grant funds were received in 2005 and asked if there was a penalty for pre-paying the bonds. Don Hunt with Fulbright and Jaworoski Regular City Council Meeting January 25, 2011 Page 4 of 10 stated that the bonds could be pre-paid without penalty in five years. Chairwoman Melendez asked for an explanation of the details this project would provide. Director of Lake and Aquatics Kilroy stated that the improvements to the area were based on the recommendations of the Public Safety Advisory Committee. Chairman Hickman explained to the public that this is to improve the campground. He asked if the construction does not use up the entire amount of the estimated funds, could the remaining funds be used in escrow. City Attorney Leibold stated based on the engineers report, staff does not anticipate there would be any funds remaining. She stated, if any funds remain, the funds could be spent on legible improvement, or could be used to pay off the bonds. Council Member Tisdale asked why it took so long for this project to get underway. Director of Lake and Aquatics Kilroy stated not only were there public safety concerns but also a decline in the economy. Council Member Tisdale asked how staff planned on advertising the improvements. Director of Lake and Aquatics Kilroy stated that there would be a grand opening and would be posted on the City's Web site. Chairwoman Melendez asked if there were left over funds, could the irrigation system in the area be improved. Director of Lake and Aquatics Kilroy stated that there could be an opportunity to put the extra funds to use. Mayor Bhutta stated that she is excited to see this project move forward. It was moved by Council Member Melendez and seconded by Mayor Pro Tem Magee to adopt Resolution No. 2011-007, making Findings pursuant to Health and Safety Code Section 33445.1 relating to payment of all or part of the costs of the Boat Launch Project. The motion unanimously carried by the following vote: AYES: Council Members: Hickman, Melendez, Tisdale, Mayor Pro Tern Magee and Mayor Bhutta; NOES: None. It was moved by Council Member Melendez and seconded by Mayor Pro Tem Magee to adopt Resolution No. 2011-008, approving a Project Area No. 1 Loan Agreement to be entered into by the Redevelopment Agency of the City of Lake Elsinore in connection with the issuance of the Lake Elsinore Public Financing Authority Tax Allocation Revenue Bonds (Launch Ramp Project), 2011 Series A, in the aggregate principal amount not to exceed $6,000,000; and authorizing the taking of certain other actions related thereto. The motion unanimously carried by the following vote: AYES: Council Members: Hickman, Melendez, Tisdale, Mayor Pro Tern Magee and Mayor Bhutta; NOES: None. Regular City Council Meeting January 25, 2011 Page 5 of 10 APPEAL(S) (6) Appeal of the Planning Commission's Action Relative to the Approval of Conditional Use Permit No. 2010-08 To Establish And Operate An Automotive Towing and Impound Storage Facility within an Existing Building located at 29365 Hunco Way. Recommendation: It is recommended that the City Council either (1) Uphold the Planning Commission's December 7, 2010 decision resulting in the approval of the proposed towing storage/impound facility located at 29365 Hunco Way or (2) reject the Planning Commission's December 7, 2010 decision and deny the proposed towing storage / impound facility. Senior Planner Harris provided an overview of the appeal to the City Council Bill Bell, representing Town and Country Towing spoke in opposition of the proposed project. He stated he thought the City had a moratorium and felt the project would have a financial effect on the four other towing companies in town. City Attorney Leibold advised the public that the City does not have a moratorium with respect to additional towing facilities. Mark Freeze, General Manager of Steve's Towing in Lake Elsinore spoke in opposition of the project. He spoke of his concerns with the fire hazards this project may cause and felt that bringing another towing service into the city would have a financial impact. Rick Morsch, resident and Planning Commissioner for the City spoke in opposition of the project. He stated he filed the appeal against the Planning Commission's decision with some reluctance as he did not want to take any potential business away from the City. He felt that this project needed further review as he had concerns that this project could be a fire hazard. Charles Walker, representing United Towing spoke in favor of the project. He advised the Council that if they are concerned with the storing of vehicles, they could use their other facility which is located in Murrieta. He stated the buildings adjacent to the proposed project uses flammable material and their facility does not. He stated all vehicles that are stored on-site would be searched thoroughly. Council Member Hickman asked if the Fire Department had any concerns. Fire Chief Lawson stated that he has spoke with the City's Building Official and Fire Marshall. They went over all issues and have no problems with this project as it meets are the requirements in the City's code. Council Member Hickman asked Fire Chief Lawson if any of the vehicles that would be stored could explode due to the excessive heat during the summer time. Fire Chief Lawson stated that any vehicle could have potential fire issues but the conditions of approval clearly outline the necessary requirements. Council Member Hickman asked Mr. Walker why they selected the City. Charles Regular City Council Meeting January 25, 2011 Page 6 of 10 Walker answered that they work with the California Highway Patrol which frequently needs assistance on the Ortega Highway and the 1-15 Freeway. Mayor Pro Tem Magee asked Building Official Chipman about the different classifications on buildings. Building Official Chipman answered that the building is classified as an S2 building which describes the type of occupancy for this building. He stated that this building would not be storing flammable materials. He indicated the project falls under the S2 classification which allows this type of business. Mayor Pro Tem Magee asked Fire Chief Lawson what a monitored fire system is. Fire Chief Lawson answered that the system is a 24 hour service. He stated, should one of the fire sprinkler heads become activated, it would notify the City's Fire Department. Council Member Melendez spoke of the minutes from the Planning Commission meeting and asked the applicant if they would still consider seeking approvals for a city towing franchise for police response calls in the future. Applicant for United Towing (name not entered into the record) stated yes, they would consider a franchise in the future. Council Member Melendez asked City Attorney Leibold if the City require a minimum of holding 25 vehicles. City Attorney Leibold answered that it states "unless allowed by the Police Chief'. Council Member Melendez asked the applicant how he would address the requirements for a franchise. The applicant stated that he would cross that bridge when the time comes. Council Member Melendez asked how many vehicles are towed per week. The applicant stated approximately 30 per week with the average stay of the vehicle about 45 days. Council Member Melendez understood how this project could have an effect on the other towing facilities in the community however, that is considered free enterprise. She stated her concerns were primarily with the safety issues. Council Member Tisdale thanked staff for all the work processed with this project. He stated he is bothered by the scare tactics used. Mayor Bhutta asked the applicant if he has ever had any incidents with the facility in Murrieta. The applicant responded no. Mayor Bhutta asked if the Murrieta facility had an area to store vehicles outside. The applicant answered yes. Mayor Bhutta asked the applicant what type of building is used for the Murrieta site. The applicant answered that they did not construct that building and is unaware of the type of building it is. Mayor Bhutta stated that she believes our society is based on free enterprise and stated that the building meets their requirements. It was moved by Mayor Pro Tern Magee and seconded by Council Member Tisdale to uphold the Planning Commission's December 7, 2010 decision resulting in the approval of the proposed towing storage/impound facility located at 29365 Hunco Way. The motion carried by the following vote: AYES: Council Members: Tisdale, Mayor Pro Tem Magee and Mayor Bhutta; NOES: Council Members: Hickman and Melendez. Regular City Council Meeting January 25, 2011 Page 7 of 10 BUSINESS ITEM(S) (7) Lake Elsinore Municipal Code Waivers for National Jet Boat Association Special Event Recommendation: It is recommended the City Council waive the Lake Elsinore Municipal Code Sections 9.96.120 (Boat Speed Limits); 9.96.200 (Motorboat Noise); 8.40.040A (Alcohol is prohibited in City Parks); 9.28.030 (Furnishing alcoholic beverages in public); 8.40.060E (Lake Use Pass), for the proposed National Jet Boat Association Special Event, subject to compliance with all other conditions for the event as approved by the City Manager. Director of Lake and Aquatics Kilroy presented the staff report to the Council Council Member Melendez asked if the City has an agreement with the National Jet Boat Association regarding clean up around the levy after the event. Director of Lake and Aquatics Kilroy stated restoration would be included in the conditions of approval and would require a $1,000 security deposit. Council Member Tisdale asked if there were any concerns with the Police Department. Police Lieutenant Anne stated that staff is involved with the planning process of the event and has no concerns. Council Member Tisdale asked if there were any issues last years. Police Lieutenant Anne answered no. Council Member Hickman asked if the City plans on having some kind of welcome tent so they have a good reception from the City which would help expand business to the City. Director of Lake and Aquatics Kilroy answered that he would invite the Chamber of Commerce and suggested that they could provide free space for a tent in order to promote business to the City. Mayor Bhutta asked for clarification on waiving the noise ordinance. Director of Lake and Aquatics Kilroy answered that there would be a variety of propeller and jet boats participating in the event. The organizers for the event (name not entered into the record) advised the Council that the gates open at 7:00 a.m. however the races start at 8:00 a.m. He pointed out that the propeller boats are considered the louder of the two types of boats competing in the races. He stated that there has not been an issue in the past with the noise levels. It was moved by Council Member Melendez and seconded by Council Member Hickman to waive the Lake Elsinore Municipal Code sections listed as: 9.96.120 (Boat Speed Limits); 9.96.200 (Motorboat Noise); 9.40.040A (Alcohol is prohibited in City parks); 9.29.030 (Furnishing alcoholic beverages in public); 9.40.060E (Lake Use Pass). The motion unanimously carried by the following vote: AYES: Council Members: Hickman, Melendez, Tisdale, Mayor Pro Tern Magee and Mayor Bhutta; NOES: None. Regular City Council Meeting January 25, 2011 Page 8 of 10 (8) Extension of Time For Industrial Design Review No 2006-03 (Fairway Business Park Recommendation: It is recommended that the City Council adopt Resolution No. 2011-009 approving a final one-year Extension of Time for Industrial Design Review No. 2006-03 to November 27, 2011, based on the findings and updated Conditions of Approval. Senior Planner Harris provided an overview of the project to the Council Rod Oshita, owner of Fairway Business Park, introduced himself to the Council and expressed the purpose of the request for extension of time was because of the financing and weak market. Mayor Pro Tern Magee asked if the final extension of time would require the applicant to re-apply based on the City's ordinance. He stated his concerns are with the weak industrial market in the valley and asked if the Council could allow more than 10 months and what would trigger his permit for design review becoming active. City Attorney Leibold stated the applicant, if desired, could pull just one permit in order to activate the design review permit. It was moved by Council Member Hickman and seconded by Mayor Pro Tern Magee to adopt Resolution No. 2011-009 approving a second and final Extension of Time for Industrial Design Review No. 2006-03 for Fairway Business Park. The motion unanimously carried by the following vote: AYES: Council Members: Hickman, Melendez, Tisdale, Mayor Pro Tern Magee and Mayor Bhutta; NOES: None. (9) City Clerk Employment Agreement Recommendation: It is recommended that the City Council (1) adopt Resolution No. 2011-010 approving the City Clerk Employment Agreement and the Agency Board approve the City Clerk Employment Agreement is substantially the form attached and authorized the Mayor and Chairwoman to execute the Agreement subject to any minor modifications as may be approved by the City Attorney/Agency General Counsel and (2) that the City Council and Agency Board confirm and appoint the City Manager/Executive Director as Acting City Clerk / Agency General Counsel. City Manager Brady provided an overview of the item to Council. He indicated that on an interim basis he would oversee the office of the City Clerk and serve as Acting City Clerk/Agency Secretary until Ms. Bloom commences her term. It was moved by Council Member Hickman and seconded by Mayor Pro Tem Magee to adopt Resolution No. 2011-010, approving the City Clerk Employment Agreement. The motion unanimously carried by the following vote: AYES: Council Members: Hickman, Melendez, Tisdale, Mayor Pro Tem Magee and Mayor Bhutta; NOES: None. Regular City Council Meeting January 25, 2011 Page 9 of 10 It was moved by Council Member Hickman and seconded by Council Member Melendez to appoint the City Manager/Executive Director as Acting City Clerk/Agency Secretary until Ms. Bloom commences her term. The motion unanimously carried by the following vote: AYES: Council Members: Hickman, Melendez, Tisdale, Mayor Pro Tern Magee and Mayor Bhutta; NOES: None. The City Council reconvened at 8:52 p.m. PUBLIC COMMENTS-NON-AGENDIZED ITEMS-3 MINUTES Vicky Long spoke of the Elsinore Murrieta Anza Resource Conservation District. They would like to provide funds to help remove any of the non-native plants around the lake. CITY MANAGER COMMENTS City Manager Brady commented on the following: • Friday, January 28th from 3:30 to 4:30 p.m is the Grand Opening/Ribbon Cutting for Rocky Mountain Chocolate Factory. The cost is free and the location of the event is at 17600 Collier Avenue, Suite 180, Lake Elsinore. • Saturday, January 29th from 6:00 p.m. to 10:00 p.m. is the 62"d Annual Installation Dinner & Awards Ceremony. The cost is $100 per person and would be held at the Diamond Club located at 500 Diamond Drive. CITY ATTORNEY COMMENTS There were none. COMMITTEE REPORTS There were none. CITY COUNCIL COMMENTS There were none. Regular City Council Meeting January 25, 2011 Page 10 of 10 ADJOURNMENT The Lake Elsinore City Council adjourned the meeting at 8:56 p.m. to a regular meeting to be held on Tuesday, February 8, 2011 at 7:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. AM AYOR CITY OF LAKE ELSINORE ATTEST: NG CITY CLERK