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Home My WebLink About07-12-2011 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 12, 2011 CALL TO ORDER Mayor Pro Tern Magee called the City Council Meeting to order at 7:00 p.m. ROLL CALL PRESENT: Mayor Pro Tern Magee Council Member Hickman Council Member Melendez Council Member Tisdale ABSENT: Mayor Bhutta Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Police Chief Fontneau, Planning Manager Morelion, and City Clerk Bloom. PLEDGE OF ALLEGIANCE Adrianna Jolivette of Planet Youth led the pledge of allegiance. CITY COUNCIL CLOSED SESSION (1a) 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 (1b) CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case City Attorney Leibold announced that the Council met in Closed Session and reported no action taken. PRESENTATIONS / CEREMONIALS • Youth Voices Leadership Group Laurie Strumpf serves as a teacher, coach and mentor for the organization. She provided a brief background to the Council on what their organization provides to the Regular City Council Minutes Meeting of July 12, 2011 Page 2 of 10 community and where they could be located. Various speakers from the Youth Voices Leadership Group addressed the City Council. Mayor Pro Tern Magee advised that the Council would be willing to reach out to the State elected officials to make sure that they continue to serve the youth and address adequate funding for Planet Youth. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Chris Hyland, resident, spoke of a phone call she received regarding the Federal Energy Regulatory Commission which is also know as FERC. She stated she was advised that FERC dismissed the license application for the LEAPS project. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the minutes of: a) Joint Study Session Meeting of June 28, 2011 b) Regular City Council Meeting of June 28, 2011 (3) Warrant List Dated June 30, 2011 Recommendation: Authorize payment of Warrant List dated June 30, 2011. (4) Planning Division Professional Service Contracts for 2011-2012 Fiscal Year Recommendation: It is recommended the City Council authorize the City Manager to prepare and enter into contracts with Carole Donahoe and Kirt Coury to provide specialized planning services on an annual basis. (5) Landscape Plan Check and Inspection Services; Selection of Consultant for Fiscal Year 2011-2012 Recommendation: It is recommended that the City Council authorize the City Manager to enter into a contract with S-CES to provide landscape plan check and inspection services to the City of Lake Elsinore for Fiscal Year 2011-2012, subject to any minor modifications as approved by the City Attorney. Regular City Council Minutes Meeting of July 12, 2011 Page 3 of 10 (6) Proclamation of the City Council Suspending Burning Permits and Other Uses of Open Fire Recommendation: It is recommended that the City Council consider the proclamation suspending the issuance of burn permits and other uses of open fire. (7) Public Meeting on 2011 Justice Assistance Grant Recommendation: It is recommended that the City Council approve the application for these JAG Grant Program Funds offered by the Federal Bureau of Justice Assistance. Council Member Melendez requested to pull Item No. 7 for further discussion. It was moved by Council Member Melendez and seconded by Council Member Hickman to approve Items 2 through 6 of the Consent Calendar. The motion passed unanimously. CONSENT CALENDAR ITEM (S) PULLED FOR DISCUSSION (7) Public Meeting on 2011 Justice Assistance Grant Recommendation: It is recommended that the City Council approve the application for these JAG Grant Program Funds offered by the Federal Bureau of Justice Assistance. Council Member Melendez stated that she pulled this item to ask Police Chief Fontneau if the funds could also be used for foot patrol. Chief Fontneau stated he would need to work out the hours. Council Member Melendez pointed out that many citizens are out walking because of the warmer weather and she would prefer to see more foot patrol particularly in the downtown area. Chief Fontneau stated that he would be happy to put together a different enforcement program and submit to the City Manager for the Council's review. Council Member Tisdale asked what are the considered options for the funds? Chief Fontneau responded the two best designations would be Holiday Enforcement program and the Off-Road Vehicle Enforcement program. Mayor Pro Tern Magee asked if the money could be shifted between the Off-Road Vehicle and Holiday Enforcement programs? Chief Fontneau advised he would need to research further. Mayor Pro Tern Magee stated that Council had discussed the desire to have foot patrol along Main Street and at the Outlet Centers, particularly during the holiday season as it was felt that the safety in those two areas is critical. He stated that the off-road activity may not be as active now as it will be when the weather gets cooler and would like to have the flexibility as the demand increases. Regular City Council Minutes Meeting of July 12, 2011 Page 4 of 10 It was moved by Council Member Hickman to have Chief Fontneau return to Council with a revised plan to spend the funds. Motion died for the lack of a second. Mayor Pro Tern Magee asked Chief Fontneau what is the timeline for filing the grant application? Director Riley stated that the application must be filed by July 21, 2011. It was moved by Council Member Hickman to have City Staff and Chief Fontneau work together on getting the grant and allocate the funds accordingly. Motion died for a lack of second. It was moved by Mayor Pro Tem Magee, seconded by Council Member Tisdale to approve Public Meeting on 2011 Justice Assistance Grant, and have Police Chief Fontneau return to the City Council with a plan outlining the utilization of the funds. Motion passed unanimously. PUBLIC HEARING(S) (8) Public Hearing on the Citywide Landscaping and Street Lighting Maintenance District and the Landscaping and Lighting Maintenance District No. 1 for Fiscal Year 2011-12 Recommendation: It is recommended that the City Council: a) Open the public hearing and take testimony related to the Citywide LLMD and LLMD No. 1 annual assessments b) Close the public hearing c) Adopt Resolution No. 2011-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FISCAL YEAR 2011-12 for the Citywide LLMD d) Adopt Resolution No. 2011-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FISCAL YEAR 2011-12 for the LLMD No. 1. Mayor Pro Tern Magee opened the Public Hearing at 7:30 p.m. City Clerk Bloom read the Public Hearing Notice. Director Riley provided an overview of the hearing to the Council. Chris Hyland, resident, spoke of her concerns regarding certain areas in the City and whether they are within the City limits. Director Seumalo stated that the landscaping Regular City Council Minutes Meeting of July 12, 2011 Page 5 of 10 along Machado is within the City's jurisdiction and City staff is working on improving the area. The Public Hearing was closed at 7:36 p.m. Council Member Melendez requested Director Riley to explain the purpose of the Landscaping and Street Lighting Maintenance District. Director Riley provided a detailed overview. It was moved by Council Member Melendez, and seconded by Council Member Hickman to adopt Resolution No. 2011-040. The motion passed unanimously. It was moved by Council Member Melendez, and seconded by Council Member Hickman to adopt Resolution No. 2011-041. The motion passed unanimously. APPEAL(S) No appeals scheduled. BUSINESS ITEM(S) (9) Commercial Design Review No. 2011-01 for Lakeshore Medical Center and Associated Onsite Improvements Recommendation: It is recommended that the City Council adopt Resolution No. 2011-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2011-01, FOR THE PROPOSED LAKESHORE MEDICAL CENTER; and adopt Resolution No. 2011-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROPOSED LAKESHORE MEDICAL CENTER. Planning Manager Morelion provided an overview of the project to Council. Council Member Tisdale indicated that this was the first time he heard the name of the pharmacy and requested clarification. John Rosenthal advised that the name of the pharmacy is Gen RX Pharmacy and they have been established in the City for 18 years. Council Member Hickman asked about the foam replica of medical mortar and pestle. Mr. Rosenthal stated that the Planning Commission approved the plans, presented a rendering for Council's review and stated that he wanted something that would standout and make his pharmacy unique. Regular City Council Minutes Meeting of July 12, 2011 Page 6 of 10 Council Member Melendez pointed out that a condition was added that states that the mortar and pestle could be removed if requested and noted that she is in favor of the project and design. Mayor Pro Tern Magee stated that he feels the design adds character and appreciates the investment in the City. It was moved by Council Member Tisdale and seconded by Council Member Melendez to adopt Resolution No. 2011-043. The motion passed unanimously. It was moved by Council Member Tisdale and seconded by Council Member Melendez to adopt Resolution No. 2011-042. The motion passed unanimously. (10) Approval of CDBG Joint Recipient Cooperation Agreement for Fiscal Years 2012-13; 2013-14• and 2014-15 Recommendation: It is recommended the City Council authorize the Mayor to execute the Joint Recipient Cooperation Agreement with the County of Riverside allowing the City to participate in the Urban County Community Development Block Grant and the HOME program; and, adopt Resolution No. 2011-044 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE'S URBAN COUNTY PROGRAM FOR FISCAL YEARS 2012-13, 2013-14, 2014-15. Redevelopment Agency Analyst Carlson provided an overview to the Council. Council Member Tisdale asked which projects would be funded with the grant money. Analyst Carlson replied that 14% must go to community services and it is up to City Council to identify which organizations would receive funding. Council Member Hickman stated that he agrees with staff's recommendation and feels that this is an excellent opportunity. It was moved by Council Member Hickman and seconded by Council Member Melendez to authorize the Mayor to execute the Joint Recipient Cooperation Agreement with the County of Riverside allowing the City to participate in the Urban County Community Development Block Grant and the HOME Program and adopt Resolution No. 2011-044. The motion passed unanimously. (11) Resolutions Confirming Fiscal Year 2011-12 Special Taxes and Assessments for: CFD 88-3 (West Lake Elsinore Public Improvements); CFD 95-1 (Lake Elsinore City Center Public Improvements); CFD 98-1 (Summerhill Public Improvements); CFD 2003-1 (Law Enforcement Fire and Paramedic Services); CFD 2003-2 (Canyon Hills); CFD 2004-3 (Rosetta Canyon); CFD 2005-1 (Serenity); CFD 2005-2 (Alberhill Ranch); CFD 2005-5 (Villages at Wasson Canyon); CFD 2005-6 (City Center Townhomes); CFD 2006-1 (Summerly); CFD Regular City Council Minutes Meeting of July 12, 2011 Page 7 of 10 2006-2 (Viscaya)• CFD 2006-3 (La Strada); CFD 2006-4 (Tracts 30698 and 32129) • CFD 2006-5 (Parks Open S pace and Storm Drain Maintenance); CFD 2007-4 (Makenna Court); CFD 2007-5 (Red Kite); CFD 2007-6 (Holiday Inn Express); CFD 2009-1 (Parks Open Space and Street Lighting Maintenance); AD 86-1R (Northwest Sewer); AD 90- 1A (Summerhill Public Improvements) ; AD 93-1 R ( Cottonwood Hills) Recommendation: It is recommended the City Council adopt Resolution No. 2011-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES WITHIN THE CFD; and adopt Resolution No. 2011-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE ASSESSMENTS ON THE BILLS OF CERTAIN PROPERTIES WITHIN THE ASSESSMENT DISTRICT. Director Riley provided an overview of the report to Council. It was moved by Council Member Tisdale and seconded by Council Member Hickman to adopt Resolution No. 2011-045. The motion passed unanimously. Council Member Hickman pointed out that CFD 2006-04 gives two tract numbers and requested that in the future the tracts are named to help identify the locations. It was moved by Council Member Tisdale and seconded by Council Member Hickman to adopt Resolution No. 2011-046. The motion passed unanimously. (12) Selection and Appointment of Public Safety Advisory Commissioners Recommendation: It is recommended the City Council direct staff to advertise for the PSAC positions and establish the application deadline as July 29, 2011; and, direct the interview sub-committee to conduct the interviews the first week in August and present the sub-committee recommendation to the City Council at the August 9, 2011 meeting. City Manager Brady stated that the 2011-2012 Operating Budget allocated funding to reactivate the Public Safety Advisory Commission. He stated the City would need to advertise for the two vacant positions. The deadline for the application period is proposed to be Friday, July 29, 2011 at 4:00 p.m. Mayor Pro Tern Magee stated that he and the City Manager spoke with Commissioners Dailey and Stewart and both have expressed their desire to continue on the Commission. Regular City Council Minutes Meeting of July 12, 2011 Page 8 of 10 It was moved by Council Member Tisdale and seconded by Council Member Hickman to direct staff to advertise for PSAC positions and establish the application deadline as July 29, 2011; and direct the interview sub-committee to conduct the interview the first week in August and present the sub-committee recommendation to the City Council at the August 9, 2011 meeting. The motion passed unanimously. The City Council recessed and convened to the Redevelopment Agency at 7:56 p.m. The City Council reconvened at 8:10 p.m. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Connie Soto, resident, addressed Council regarding issues with the City Attorney's contract. CITY MANAGER COMMENTS City Manager Brady made the following announcements: Wednesday Coffee Talk with Councilwoman Melendez July 13 9:00 a.m. - 10:30 a.m. Cost: Free Flour Fusion Gourmet Bakery, Cafe & Coffeehouse Wednesday 10th Annual Pirate's Treasure Reverse Draw July 13 $13,000 in Cash & Prizes 6:00 P.M. - 10:00 P.M. Cost: $125 Friday Summer Nights at the Park July 15 Fun in the Neighborhood with Activities, Crafts and Movies 6:30 p.m. - 9:30 p.m. Cost: Free Rosetta Canyon Park Wednesday Movies in the Park... after Dark July 20 7:30 p.m. Cost: Free Summerlake Park Thursday EWDC Luncheon - Member Feedback, How do we make July 21 our town more business friendly? 11:30 a.m. - 1:30 p.m. Cost: $15 Members; $20 Non-members The Diamond Club @ Diamond Stadium Regular City Council Minutes Meeting of July 12, 2011 Page 9 of 10 Friday Links at Summerly Presents: 2011 Rock & Roll Fridays July 22 6:00 p.m. - 9:00 p.m. Cost: $35 Shotgun Golf Links at Summerly Saturday Fearless 2011 Concert Event July 23 4:00 p.m. Cost: $15 Storm Stadium CITY ATTORNEY COMMENTS City Attorney Leibold addressed the concerns of Ms. Soto. She advised the Council that her invoices are current, that her contract is universal and is followed throughout the State, and that she will be available to answer any concerns that were not addressed. None. CITY COUNCIL COMMENTS Council Member Melendez commented on the following: • She announced the opening of the new deli known as "What Uh Deli". • She announced that resident Jeff Riley's brother will be featured on the Military Channel, Wednesday July 13th at 4:00 p.m. She stated LEAPS was dismissed and pointed out that the power line portion of the project is still pending. • She announced that she would be available to speak with the public at Flour Fusion on Wednesday. Council Member Hickman commented on the following: • He thanked everyone for attending the meeting. Council Member Tisdale commented on the following: • He requested clarification on the Movies in the Park program. City Manager Brady stated that it is a City sponsored program. • He thanked Police Chief Fontneau for allowing him to ride along with Deputy Lebrand. • He spoke of his experience of the tour of the all the Fire Stations within the City. He stated that he and Fire Chief Lawson will find a way to open the Rosetta Canyon Fire Station. • He thanked staff for all their hard work. Regular City Council Minutes Meeting of July 12, 2011 Page 10 of 10 Mayor Pro Tern Magee commented on the following: • He responded to Ms. Soto's comments pertaining to the District Attorney's investigation of the City Attorney and stated that he spoke with Ms. Hightower who has put to rest the issues of the City Attorney. He requested the City Clerk to provide a copy of the email he received from the District Attorney's office to Ms. Soto. ADJOURNMENT Mayor Pro Tem Magee adjourned the meeting in memory of both Charlotte Kazmier, President of the Lake Elsinore Women's Club and former Council Member Dan Metze. He stated both recently passed away and will be greatly missed by the community. The Lake Elsinore City Council adjourned the meeting at to be held on Tuesday, July 26th, 2011, in the-G-0 al Street, Lake Elsinore, CA. City of Lake Elsi A m. to a regular meeting cated at 183 N. Main Pro Tern Virginia J. B City of Lake