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Home My WebLink About03-08-2011 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 8, 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 Tern 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, City Clerk Bloom and Office Specialist Porche. CITY COUNCIL CLOSED SESSION (1a) Conference with Labor Negotiator (Gov't Code � 54957.6) City Manager: City Manager Robert Brady Employee organization: Lake Elsinore Chapter of Laborer's International Union of North America. Local 777 (1b) Conference with Legal Counsel — Existing Litigation (Subdivision (a) of Gov't Code § 54956.9) In Re the Darwin Rogers Booster Trust Dated 7/27/2005 (Riverside Superior Court Case No. RIP 095857) (1 c) Conference with Legal Counsel— Anticipate Litigation Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: 1 potential case City Attorney Leibold announced items 1 a through 1 c were discussed during Closed Session and there was no reportable action. Regular City Council Meeting March 8, 2011 Page 2 of 11 PRESENTATIONS / CEREMONIALS • Proclamation declaring March 19, 2011 as Arbor Day • Certificate of Recognition to the Lake Elsinore Little League • Certificate of Recognition to Chris Hyland • Certificate of Recognition to Joyce Hohenadl Mayor Bhutta announced that March 19, 2011 is declared as Arbor Day in the City of Lake Elsinore. Director of Lake and Aquatics Kilroy stated that there would be a celebration at Rosetta Canyon Park in observation of Arbor Day on Saturday March 19th at 9:00 a.m. Mayor Bhutta presented Certificates of Recognition to Chris Hyland and Joyce Hohenadl for their respective support and dedication to the City. She also presented a Certificate of Recognition to the Lake Elsinore Little League. PUBLIC COMMENTS — NOWAGENDIZED ITEMS — 1 MINUTE There were none. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES There were none. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the following minutes: a) Regular City Council Meeting February 8, 2011. (3) Warrant List Dated February 28, 2011 Recommendation: Authorize payment of Warrant List dated February 28, 2011. (4) Amendment to City Manager /Executive Director's Employment Agreement Recommendation: It is recommended the City Council and the Agency Board approves the Fifth Amendment to Employment Agreement and authorizes the Mayor and Chairwoman to execute the same. Regular City Council Meeting March 8, 2011 Page 3 of 11 (5) Purchase Construction Material for Boat Launch Facility Improvement Protect Recommendation: It is recommended that the City Council approve the following: a) Award the purchase order to P.T.I. Sand & Gravel, Inc. for an amount not -to- exceed $216,968.70 for the purchase of Rip -Rap. b) Award the purchase order to Oldcastle Precast, Inc. for an amount not -to- exceed $354,894.60 for the purchase of Precast concrete components. c) Award the purchase order to Fiber -Docks for an amount not -to- exceed $356,223.67 for the purchase of the floating docks. d) Authorize staff to process the purchase order to P.T.I. Sand & Gravel, Inc., Oldcastle Precast Inc., and Fiber -Docks for boat launch facility improvements. (6) Adoption of Resolution No. 2011 -118 Establishing Fines and Penalties for Parking Violations Recommendation: It is recommended the City Council adopt RESOLUTION NO. 2011 -118 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING FINES AND PENALTIES FOR PARKING VIOLATIONS. Council Member Hickman requested Item No. 4 be pulled for discussion. It was moved by Council Member Tisdale and seconded by Council Member Hickman to approve Consent Calendar Items 2, 3, 5 and 6. The motion unanimously carried by the following vote: AYES: Council Members Hickman, Melendez, Tisdale, Mayor Pro Tern Magee and Mayor Bhutta; NOES: None. ITEMS PULLED FROM THE CONSENT CALENDAR (4) Amendment to City Manager /Executive Director's Employment Agreement Recommendation: It is recommended the City Council and the Agency Board approves the Fifth Amendment to Employment Agreement and authorizes the Mayor and Chairwoman to execute the same. Chris Hyland, resident of Lake Elsinore spoke in favor of the Fifth Amendment to the City Manager's Employment Agreement. Courtney Faith Vera, Ron Paulk, Laura Drzemiecki, Pam Snider, Connie Soto, Robbie Reed and Jack Berg all spoke in opposition of the Fifth Amendment to the City Manager's Employment Agreement. Regular City Council Meeting March 8, 2011 Page 4 of 11 Council Member Melendez indicated that the City Manager's Agreement is set to expire in 2013; the recommendation is to extend the agreement until 2015 and felt this action was premature. She stated that the City Manager was assigned to complete the General Plan which has been an ongoing project for six years and is not completed. She felt that before the City can consider making an extension to the contract, the City should complete the major tasks. Council Member Hickman concurred with Council Member Melendez stating rewards should come to those who have succeeded with tasks. Council Member Tisdale stated that the City Manager receives his direction from the City Council. He pointed out that the City Council has been trying to prioritize the work and the General Plan should have been a priority. Mayor Pro Tem Magee pointed out to the public that the extension is not considered a raise but to continue the existing contract. He stated the General Plan is an issue and a disappointment. He offered that the City Manager has stated that the General Plan should be completed this year. He pointed out that the crime rate is down and there have been many street improvements since the City Manager took the position. He stated that the City has an exceptional leader and he is proud to have him as the City Manager. Mayor Bhutta concurred with Mayor Pro Tem Magee and supports the extension of the contract. She stated that the City Manager has worked tirelessly for the citizens of the City and is always available. She commented the General Plan is a concern however the City Manager has made a commitment to the Council that it would be completed this year. She noted the issues that Council Member Hickman spoke of, and replied that the Director of Public Works is currently working on a grant to address the matter. It was moved by Mayor Pro Tem Magee and seconded by Council Member Tisdale to approve the Fifth Amendment to Employment Agreement and authorize the Mayor and Chairwoman to execute the same. The motion was approved by the following vote: AYES: Council Members Tisdale, Mayor Pro Tem Magee and Mayor Bhutta; NOES: Council Members Hickman and Melendez; ABSTAIN: None. PUBLIC HEARING(S) (7) Community Facilities District No. 2006 -1 (Summerly): Dissolving Existing Improvement Areas, Designating New Improvement Areas, and Reducing Maximum Bond Authorization Recommendation: It is recommended that the City Council: a. Open the Public Hearing and take testimony. b. Waiver further reading and adopt RESOLUTION NO. 2011 -119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE Regular City Council Meeting March 8, 2011 Page 5 of 11 ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -1 (SUMMERLY) AND APPROVING THE FIRST AMENDMENT TO FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT. C. Waive further reading and adopt RESOLUTION NO. 2011 -120 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE 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 -1 (SUMMERLY) AND CALLING A SPECIAL ELECTION. d. Conduct the Special Election. e. Waive further reading and adopt RESOLUTION 2011 -121 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -1 (SUMMERLY). f. Waive further reading and introduce Ordinance No. 2011 -1289 by title only an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX within the City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly). Mayor Bhutta opened the Public Hearing at 7:39 p.m. The City Clerk announced no protest was filed. Director of Administrative Services Riley provided a reading of his staff report regarding the changes to the Community Facilities District 2006 -01. Chris Hyland, resident of the City presented a magazine which showed pictures of the 1980 flood in the Summerly area. She hoped that the new developer has mitigated the issues to avoid another flood. Mayor Bhutta closed the Public Hearing at 7:44 p.m. It was moved by Council Member Tisdale and seconded by Council Member Hickman to adopt City Council Resolution No. 2011 -119 determining the validity of prior proceedings relating to the City of Lake Elsinore Community Facilities District No. 2006 -01 (Summerly) and approving the First Amendment to Funding, Construction and Acquisition 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 March 8, 2011 Page 6 of 11 It was moved by Council Member Melendez and seconded by Council Member Hickman to adopt City Council Resolution No. 2011 -120 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 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) and calling a Special Election. 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 Clerk tabulated the votes. Mayor Bhutta announced that both propositions passed unanimously. It was moved by Council Member Hickman and seconded by Mayor Pro Tem Magee to adopt City Council Resolution No. 2011 -121 canvassing the results of the election held within the City of Lake Elsinore Community Facilities District No. 2006 -01 (Summerly). The motion unanimously carried by the following vote: AYES: Council Members Hickman, Melendez, Tisdale, Mayor Pro Tem Magee and Mayor Bhutta; NOES: None. It was moved by Council Member Tisdale and seconded by Mayor Pro Tem Magee to waive further reading and introduce Ordinance No. 2011 -1289 by title only an Ordinance of the City Council of the City of Lake Elsinore authorizing the Levy of a Services Special Tax and a Special Tax within the City of Lake Elsinore Community Facilities District No. 2006 -01 (Summerly). The motion unanimously carried by the following roll call vote: AYES: Council Members Hickman, Melendez, Tisdale, Mayor Pro Tem Magee and Mayor Bhutta; NOES: None. (8) Vesting Tentative Tract Map No. 36117: A Request to Subdivide Approximately 89 Acres of Land into 10 Parcels (2 Multiple Family Residential Lots) within the Canyon Hills Specific Plan Recommendation: It is recommended that the City Council adopt RESOLUTION NO. 2011 -122 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); and, adopt RESOLUTION NO. 2011 -123 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 36117. (9) Vesting Tentative Tract Map No. 36118: A Request to Subdivide Approximately 77 Acres of Land into 13 Total Parcels (3 Multiple Family Residential Lots, 1 Commercial 1 Park, 3 Street, 4 Landscape, and 1 Riparian) within the Canyon Hills Specific Plan Regular City Council Meeting March 8, 2011 Page 7 of 11 Recommendation: It is recommended that the City Council adopt RESOLUTION NO. 2011 -124 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); and adopt RESOLUTION NO. 2011 -125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 36118. Mayor Bhutta opened the Public Hearing at 7:50 p.m. and announced that Items 8 and 9 would be handled concurrently. Project Planner Coury provided an overview of Items 8 and 9 to the Council. He stated that these items are for subdivision purposes only. No public comments were received. Mayor Bhutta closed the Public Hearing at 7:53 p.m. Council Member Hickman asked the developer if sales have increased in the housing market. Mike Taylor with Pardee Homes stated that sales are stable. He stated most developers are currently building smaller homes that are more affordable. It was moved by Council Member Hickman and seconded by Mayor Pro Tern Magee to adopt City Council Resolution No. 2011 -121 adopting Findings that Vesting Tentative Tract Map 36117 is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). 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 Hickman and seconded by Council Member Tisdale to adopt Resolution No. 2011 -122 approving Vesting Tentative Tract Map No. 36117. 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 Hickman and seconded by Council Member Tisdale to adopt City Council Resolution No. 2011 -123 adopting Findings that Vesting Tentative Tract May 36118 is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). 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 Hickman and seconded by Council Member Tisdale to adopt City Council Resolution No. 2011 -124 approving Vesting Tentative Tract Map No. 36118. 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 March 8, 2011 Page 8 of 11 APPEALS) No appeals scheduled. BUSINESS ITEMS) (10) Animal Licensing Incentive Program Recommendation: It is recommended that the City Council approve the City offering a temporary discount coupon for new animal licensing based on the following criteria: • $5 off the 1 -Year Altered Dog License Fee of $20 • $2 off the 1 -Year Altered Cat License Fee of $8 • Temporary waiver from $20 Late Fee for Animal Licensing • Coupon expiration —Date specific with maximum 60 -day redemption Director of Lake and Aquatics Kilroy presented an overview of the project. Council Member Melendez asked if discount of fees would have any affect on what the City must pay to the animal shelter for services. Director Kilroy stated that the waiver would be for new animal licensing only which should help with the animal control issues. Council Member Hickman asked how the savings of $259,000 was figured. Director Kilroy answered that there are three different accounts for animal control services, the City's costs for animal sheltering varies from year to year, and the figure that the City pays depends on the portion of use of the shelter. Council Member Tisdale asked what the City would do for un- altered animals. Director Kilroy answered that the City would offer discounts for animals to be altered as it would help reduce the amount of unwanted animals at the shelter. He stated that only altered animals would have the discount for licensing. Mayor Pro Tern Magee concurred with Mayor Bhutta's suggestion on the use of volunteers which could help increase compliance with animal regulations and potentially lower the City's overall costs. Mayor Bhutta spoke of the volunteer program which could be used for providing information to the public regarding the altering of pets. She asked staff to research businesses in the City that could donate the cost for printing of the flyers. It was moved by Mayor Pro Tern Magee and seconded by Council Member Tisdale to approve the City offering a temporary discount coupon for new animal licensing. 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 March 8, 2011 Page 9 of 11 (11) Report on the Mid -Year Status of the Fiscal Year 2010 -11 Budget Recommendation: It is recommended the City Council approve the mid -year budget recommendations and the allocations to the Supplemental Revenue Fund of $433,790 General Fund project fund of $185,000 and $271,207 to Unallocated Revenue. Director of Administrative Services Riley presented a PowerPoint presentation of the mid -year 2010 -11 Budget. Council Member Melendez asked if there would be an increase in the TOT. Director Riley replied the TOT tax would be increasing based on what the City has received for this year. Council Member Melendez asked for clarification on the police revenue. Director Riley stated there is a decrease in revenue. Police Chief Fontneau stated that the decrease is attributed to the reduction of traffic fines coming to the City. Council Member Melendez noted an increase in the Public Works Department for Weed Abatement and requested clarification. Director Riley stated the fee increases are related to permit inspection fees. Mayor Bhutta thanked the public for shopping locally which has increased the sales tax and supporting the local businesses. It was moved by Council Member Melendez and seconded by Council Member Hickman to approve the mid -year budget recommendations and the allocations to the Supplemental Revenue Fund of $433,790; General Fund Project Fund of $185,000; and $271,207 to Unallocated Revenue. 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 recessed and convened to the Redevelopment Agency at 8:34 p.m The City Council reconvened at 9:06 p.m. PUBLIC COMMENTS - NON -AGENDIZED ITEMS -3 MINUTES There were none. CITY MANAGER COMMENTS City Manager Brady commented on the following: • Wednesday, March 9, 2011 is Java Jive with Council Member Melendez from 9:00 a.m. to 10:30 a.m. at the Flour Fusion Bakery located on Main Street. • Friday, March 11, 2011 is the 6th annual Trauma Intervention Golf Tournament to be held at the Links at Summerly which begins at 1:00 p.m. Regular City Council Meeting March 8, 2011 Page 10 of 11 • Saturday, March 12, 2011 is the Spring Walk to Cure Diabetes which starts at 8:00 a.m. located at the Storm Stadium. • Thursday, March 17, 2011 is the EDC Luncheon with Mayor Bhutta at 11:30 a.m. to 1:30 p.m. located at the Diamond Stadium. • Thursday, March 17, 2011 is the celebration of Saint Patrick's Day from 4:00 p.m. to 10:00 p.m. located at the Elsinore Women's Club located on Graham Avenue. CITY ATTORNEY COMMENTS There were none. COMMITTEE REPORTS There were none. CITY COUNCIL COMMENTS Council Member Melendez commented on the following: • She thanked Director of Lake and Aquatics Kilroy for making accommodations during the Annual Easter Egg Hunt for the special needs children. • She thanked all of the volunteers who helped paint the Riverwalk fencing. Mayor Pro -Tem Magee commented on the following: • He advised the Council and public that today the third anniversary of the Links at Summerly Golf Course and looks forward to many years ahead. He pointed out that the restaurant at the Golf Course is open everyday for lunch and has spectacular views. • He spoke of Senator Joel Anderson drafting AB851 eliminating CALTRANS and diverting all of the funds and authority to local governments. He anticipates that this could save the state two billion dollars and if the public supports the Senator's proposal, to call or write Governor Brown. Council Member Tisdale commented on the following: • He concurred with Mayor Pro -Tem Magee's comment regarding AB851 and added, for more information via the internet at www.myvotecountsca.org • He thanked the City Manager and staff for all their hard work. Regular City Council Meeting March 8, 2011 Page 11 of 11 Council Member Hickman commented on the following: • He thanked all those who showed support for his wife during her recent illness and announced that she is completely cured. • He reminded the public to set the clocks ahead one hour for daylight savings time. • He thanked Genie Corral and Kathy Roberts for their help with the Unity in the Community Parade. Mayor Bhutta commented on the following: • She advised the public that the City is seeking volunteers to work with several programs and to contact Lolita Richards at City Hall for more information. • She stated that Saturday is the City's celebration of Arbor Day at Rosetta Canyon Park beginning at 9:00 a.m. • She thanked Lamb's Fellowship Church for their hard work with painting the fence along the City's Riverwalk. ADJOURNMENT The Lake Elsinore City Council adjourned the meeting at 9:13 p.m. to a regular meeting to be held on Tuesday, March 22, 2011, at 7:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. KZ :1 L�3=, A BHUTTA, MAYOR City of Lake Elsinore T EST: ri VIRGINIAV. B�QOM, CIVIC City Clerk of L e Elsinore