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HomeMy WebLinkAbout2011-09-27 City Council Item No. 2CITY OF L IE fLSN DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR PRO TEM AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: SEPTEMBER 27, 2011 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council Minutes are submitted for approval: • Joint Study Session Meeting of September 13, 2011 • Regular City Council Meeting of September 13, 2011 • Special City Council Meeting of September 16, 2011 Recommendation Approve the Minutes as submitted. Submitted by: Dana C. Porche Office Specialist Approved by: Virginia J. Bloom, CMC City Clerk Approved by: Robert A. Brady City Manager AGENDA ITEM NO. 2 Page 1 of 21 Page 2 of 21 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 13, 2011 CALL TO ORDER Mayor Pro Tern Magee called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: Mayor Pro Tern Magee Council Member Hickman Council Member Tisdale ABSENT: Council Member Melendez Also present: City Manager Brady, City Attorney Leibold, City Treasurer Baldwin, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Director of Lake, Parks and Recreation Kilroy, Police Chief Fontneau, Planning Manager Morelion, Redevelopment Project Analyst Carlson and City Clerk Bloom. CITY COUNCIL CLOSED SESSION 1(a) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9): City of Lake Elsinore vs. R Side Medical, LLC (Court of Appeal, Fourth Appellate District, Division Two, Case No. E053545) PRESENTATIONS / CEREMONIALS • Certificate of Recognition to Eagle Scout Nathan Turner • Proclamation declaring Constitution Week PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE There were none. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES There were none. Page 3 of 21 Joint City Council/RDA Study Session September 13, 2011 Page 2 of 6 CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the Minutes of: (a) Joint Study Session Meeting of August 23, 2011 (b) Regular City Council Meeting of August 23, 2011 (3) Warrant List dated August 31, 2011 Recommendation: Authorize payment of Warrant List dated August 31, 2011. Council Member Hickman and Council Member Tisdale questioned various items on the Warrant List and staff provided responses thereto. (4) Recommendation: It is recommended the City Council approve the use of Hartzog and Crabill, Inc. for the third year of a three year contract per the agreement dated February 24, 2009, to provide traffic operations services of City traffic signals. (5) Agreement with Bureau Veritas to Provide On-Call Professional Engineering Services Recommendation: It is recommended that the City Council approve the use of Bureau Veritas for the second year of a three year contract per the agreement dated March 17, 2010, to provide plan checking services. Council Member Hickman asked the normal timeframe for a set of plans to be reviewed by an engineer. Director Seumalo explained that a set of plans would be reviewed three separate times. (6) Agreement with Harris & Associates to Provide On-Call Professional Engineering Services Recommendation: It is recommended that the City Council approve the use of Harris & Associates for the third year of a three year contract per the agreement dated September 8, 2009, to provide plan checking services. City Attorney Leibold stated that Exhibit "B" should reflect the year 2011 and not 2009 and the hourly rates would be held through December 31, 2012. Page 4 of 21 Joint City Council/RDA Study Session September 13, 2011 Page 3 of 6 Council Member Hickman asked staff why three different engineering firms? Director Seumalo stated that they use an engineering firm that is familiar with the type of development and plan checks of larger tracts. (7) Agreement with Sustainable Civil Engineering Solutions (SCES) to Provide On- Call Professional Engineering Services Recommendation: It is recommended that the City Council approve the use of SCES for the second year of a three year contract per the agreement dated January 27, 2010, to provide plan checking services. PUBLIC HEARING(S) (8) Public Hearing - An Interim Urgency Ordinance of the City of Lake Elsinore Enacted Pursuant to Government Code Section 65858 to Extend Interim Urgency Ordinance No. 2011-1291 for an Additional 10 Months and 15 Days and Continue for this Period the Temporary Prohibition on the Permitting of Boat Docks within Areas Zoned as Recreation Districts Recommendation: It is recommended that the City Council: (a) Approve the report on the measures taken so far to alleviate the conditions which led to the adoption of Ordinance No. 2011-1291 placing an interim moratorium on the permitting of boat docks within the areas zoned as recreational districts. (b) Waive further reading and adopt by a four-fifths vote Ordinance No. 2011- 1294 by title only: ORDINANCE NO. 2011-1294 AN INTERIM URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TO EXTEND INTERIM URGENCY ORDINANCE NO. 2011-1291 FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS AND CONTINUE FOR THIS PERIOD THE TEMPORARY PROHIBITION ON THE PERMITTING OF BOAT DOCKS WITHIN AREAS ZONED AS RECREATION DISTRICTS. Council Member Hickman commented on a dock that was constructed and how it is affecting the neighbors in the area. City Attorney Leibold stated that staff is taking the appropriate actions towards the issue. APPEAL(S) No appeals scheduled. Page 5 of 21 Joint City Council/RDA Study Session September 13, 2011 Page 4 of 6 BUSINESS ITEM(S) (9) Monster Massive Special Event Recommendation: It is recommended that the City Council provide direction to the City Manager concerning the processing of the Special Event Permit Application. (10) City Council Vacancy Recommendation: It is recommended to the City Council that it receive and consider the recommendation of the subcommittee, staff report, public comments and candidates' applications and statements and complete the interview and nomination processes and then vote to fill the vacancy by appointment. Alternatively, the City Council could elect to call a Special Election. City Attorney Leibold and City Clerk Bloom inquired as to the procedural process of the Council regarding interviewing the four applicants; Council provided direction. The City Council recessed and convened to the Redevelopment Agency at 4:16 p.m. REDEVELOPMENT AGENCY Vice-Chair Tisdale called the meeting to order at 4:16 p.m. ROLL CALL PRESENT: Vice-Chair Tisdale Agency Member Hickman Agency Member Magee ABSENT: Chairwoman Melendez Also present: Executive Director Brady, Agency Counsel Leibold, City Treasurer Baldwin, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Director of Lake, Parks & Recreation Kilroy, Police Chief Fontneau, Planning Manager Morelion, Redevelopment Project Analyst Carlson and Agency Secretary Bloom. CLOSED SESSION There are none. Page 6 of 21 Joint City Council/RDA Study Session September 13, 2011 Page 5 of 6 CONSENT CALENDAR (1) Approval of Minutes Recommendation: It is recommended the Redevelopment Agency approve the following minutes: a) Joint Study Session Meeting of August 23, 2011 b) Regular Redevelopment Agency Meeting of August 23, 2011 (2) Warrant List dated August 31, 2011 Recommendation: Authorize payment of Warrant List dated August 31, 2011. PUBLIC HEARING(S) No Public Hearings scheduled. BUSINESS ITEM(S) (3) Termination for Convenience of the Lake Elsinore Technology Center Recommendation: It is recommended that the Redevelopment Agency authorize the Executive Director to execute the "Offer to Terminate Financial Assistance Award Agreement for Convenience" supplied by the EDA; thus terminating the grant for the LETC or prepare a letter to the EDA requesting another two (2) week time extension. Les Hamasaki, Executive Director of the International Green Technology Institute stated that he has been speaking with Redevelopment Project Analyst Carlson on ways to save the EDA Grant by creating a green technology incubator and innovation center. He requested the City Council to consider an extension of time which would allow additional time to use the grant to create jobs in the community. Agency Member Hickman asked Mr. Hamasaki if they had the required funds for the proposal. Mr. Hamasaki responded that they have companies which would provide the necessary funds. Agency Member Hickman asked Analyst Carlson what type of funds the City has to support the proposal. Analyst Carlson stated that the Agency has a grant that needed to be used by the end of the week. Executive Director Brady stated that staff has met with Mr. Hamasaki, but has not had the opportunity to review the proposal. He stated that the EDA has set requirements and that it was his understanding that the City didn't have the ability to request an extension of time. Agency Member Magee asked Mr. Hamasaki if he would be able to make the financial commitment by the end of the week. Mr. Hamasaki stated that they would be able to Page 7 of 21 Joint City Council/RDA Study Session September 13, 2011 Page 6 of 6 commit to the project, but would not have the cash in hand. Agency Member Magee stated that the idea sounds great; however the Agency needed a solid commitment by the end of the week. He suggested Mr. Hamasaki speak with the EDA. Analyst Carlson stated that the commitment to the EDA was due today. Vice-Chair Tisdale requested Analyst Carlson contact the EDA and advise the Agency at the 7:00 p.m. meeting. The City Council reconvened at 4:30 p.m. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council would adjourn to Closed Session at 5:00 p.m to discuss Item 1(a). ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 4:30 p.m. to Closed Session at 5:00 p.m. and the Regular meeting at 7:00 p.m. Robert Magee, Mayor Pro Tern City of Lake Elsinore ATTEST: Virginia J. Bloom, City Clerk City of Lake Elsinore Page 8 of 21 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 13, 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: None Also present: City Manager Brady, City Attorney Leibold, City Treasurer Baldwin, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Director of Lake, Parks and Recreation Kilroy, Police Chief Fontneau, Fire Captain Buck, Planning Manager Morelion, Redevelopment Project Analyst Carlson and City Clerk Bloom. PLEDGE OF ALLEGIANCE Eike Hohenadl led the pledge of allegiance. CITY COUNCIL CLOSED SESSION 1(a) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9): City of Lake Elsinore vs. R Side Medical, LLC (Court of Appeal, Fourth Appellate District, Division Two, Case No. E053545) City Attorney Leibold announced that the City Council met in Closed Session to discuss agenda item no. 1(a) and no reportable action was taken. PRESENTATIONS/CEREMONIALS Certificate of Recognition to Eagle Scout Nathan Turner Proclamation declaring Constitution Week Mayor Pro Tern Magee presented Nathan Turner with a Certificate of Recognition for his work as an Eagle Scout. Mayor Pro Tern Magee read into the record the Proclamation declaring September 17th through September 23rd as Constitution Week. Joyce Hohenadl accepted the Proclamation on behalf of the Daughters of the American Revolution. Page 9 of 21 Regular City Council Minutes Meeting of September 13, 2011 Page 2 of 10 U.S. Coast Guard Officer Joe Capobianco presented the Public Education Award to Pete Dawson for the City of Lake Elsinore's Boating Safety Courses. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Ron Hewison spoke of an upcoming event called "Can Castles for HOPE", which would be held at the Elsinore First Assembly Church. Courtney Faith Vega thanked the community for the support and contributions for the upcoming Lake Elsinore Veteran's Day event. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES There were none. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the Minutes of: (a) Joint Study Session Meeting of August 23, 2011 (b) Regular City Council Meeting of August 23, 2011 (3) Warrant List dated August 31. 2011 Recommendation: Authorize payment of Warrant List dated August 31, 2011. (4) Recommendation: It is recommended the City Council approve the use of Hartzog and Crabill, Inc. for the third year of a three year contract per the agreement dated February 24, 2009, to provide traffic operations services of City traffic signals. (5) Agreement with Bureau Veritas to Provide On-Call Professional Engineering Services Recommendation: It is recommended that the City Council approve the use of Bureau Veritas for the second year of a three year contract per the agreement dated March 17, 2010, to provide plan checking services. (6) Agreement with Harris & Associates to Provide On-Call Professional Engineering Services Recommendation: It is recommended that the City Council approv the se o.f Harris & Associates for the third year of a three year contract per eP~°ent dated September 8, 2009, to provide plan checking services. Regular City Council Minutes Meeting of September 13, 2011 Page 3 of 10 (7) Agreement with Sustainable Civil Engineering Solutions (SCES) to Provide On- Call Professional Engineering Services Recommendation: It is recommended that the City Council approve the use of SCES for the second year of a three year contract per the agreement dated January 27, 2010, to provide plan checking services. It was moved by Council Member Melendez and seconded by Council Member Tisdale to approve the Consent Calendar; motion passed unanimously. PUBLIC HEARING(S) (8) Public Hearing - An Interim Urgency Ordinance of the City of Lake Elsinore Recommendation: It is recommended that the City Council: (a) Approve the report on the measures taken so far to alleviate the conditions which led to the adoption of Ordinance No. 2011-1291 placing an interim moratorium on the permitting of boat docks within the areas zoned as recreational districts. (b) Waive further reading and adopt by a four-fifths vote Ordinance No. 2011- 1294 by title only: ORDINANCE NO. 2011-1294 AN INTERIM URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TO EXTEND INTERIM URGENCY ORDINANCE NO. 2011-1291 FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS AND CONTINUE FOR THIS PERIOD THE TEMPORARY PROHIBITION ON THE PERMITTING OF BOAT DOCKS WITHIN AREAS ZONED AS RECREATION DISTRICTS. Director of Lake, Parks and Recreation Kilroy presented the staff report. Mayor Pro Tern Magee opened the Public Hearing at 7:15 p.m. No public comments were received. Mayor Pro Tern Magee closed the Public Hearing at 7:16 p.m. It was moved by Council Member Melendez and seconded by Council Member Hickman to approve the report on the measures taken so far to alleviate the conditions which led to the adoption of Ordinance No. 2011-1291 placing an interim moratorium on the permitting of boat docks within the areas zoned as recreational districts; and to approve and adopt by title only Ordinance No. 2011-1294. The motion passed unanimously by a roll call vote. APPEAL(S) No appeals scheduled. Page 11 of 21 Docks within Areas Zoned as Recreation Districts Regular City Council Minutes Meeting of September 13, 2011 Page 4 of 10 BUSINESS ITEM(S) (9) Monster Massive Special Event Recommendation: It is recommended that the City Council provide direction to the City Manager concerning the processing of the Special Event Permit Application. City Manager Brady provided an overview of the event to the Council and advised that this event could generate an attendance of 30,000 to 40,000 people. He stated an event of this size would be a benefit to the City and would attract many visitors; however, there are a number of issues that would need to be addressed such as traffic, safety issues, and access. He stated in most cases with an event of this size, it would usually require a minimum of six to eight months to prepare. Tom Nachee and Gio Nancy with Vision Quest Enterprises and Reza Gerami with Go Ventures, Inc. provided information to the Council regarding the event. They advised the Council that they have been conducting these types of events for twenty years and haven't had any problems. Council Member Melendez expressed her concerns with the traffic and the noise issues. She asked the applicants where the last place this event was held. Reza Gerami stated last year the event was held at the LA Coliseum. Council Member Tisdale asked why the City was only given short notice. Reza Gerami stated that it was originally planned for Orange County. He stated Lake Elsinore is centrally located which would serve San Diego, Riverside, and Orange Counties. City Manager Brady advised that he had a lengthy discussion with Fire Chief Lawson and he shares the same concerns. Council Member Tisdale asked what local vendors would be participating. Reza Gerami stated that there is a fee for participating in the event which would include food and retail vendors. Mayor Pro Tern Magee expressed his concern with the hours of operation and the amount of time allotted to put on an event of this size. He stated that public safety is his number one priority. Council Member Hickman asked how many police officers would be required to patrol the event. Police Chief Fontneau stated that an estimate of 100 to 150 officers would be needed for this size of an event, and it would be a challenge to make it happen by October 2011. He stated there are many other Governmental Agencies that would need to be involved including the City of Wildomar and Cal-Trans. He suggested allowing at least six months of planning for this type of an event. Reza Gerami asked the Council to consider future events in Lake Elsinore as it is an ideal location and the event would bring revenue to the businesses in the area. Council Member Hickman expressed his disappointment that the City could not accommodate an event of this size and indicated that he supported the event. Page 12 of 21 Regular City Council Minutes Meeting of September 13, 2011 Page 5 of 10 It was moved by Mayor Pro Tern Magee and seconded by Council Member Tisdale to allow the promoter to reapply for a smaller venue, more lead time for staff to prepare and have the Police and Fire Departments make the recommendation on the safe number of attendees and return to City Council for review. The motion passed 3-1 with Council Member Hickman opposing. (10) City Council Vacancy Recommendation: It is recommended to the City Council that it receive and consider the recommendation of the subcommittee, staff report, public comments and candidates' applications and statements and complete the interview and nomination processes and then vote to fill the vacancy by appointment. Alternatively, the City Council could elect to call a Special Election. City Manager Brady provided an overview to the Council. Mayor Pro Tern Magee announced for the record written correspondences received from Daniel Longtin in support of Rick Morsch, and Ruth Atkins, Katie Lackey, and Harvey Ryan all wrote in support of Genie Kelley. Michael O'Neal, Tom Thomas, Jeannie Corral, Tom Tomlinson, Donna Franson, Kimberly Ryan, Carl Johnson, and Cindy Hewison all spoke in favor of Genie Kelley. Tim Fleming spoke in favor of Rick Morsch. Allen Baldwin requested the subcommittee to explain how they came up with the shortlist recommendations. Each applicant gave a 3-minute speech before the City Council on their respective qualifications for the office. Council Member Tisdale commented that he, as a member of the subcommittee, interviewed all of the candidates, therefore he did not need to ask them additional questions. He indicated that all four candidates are capable of the position. Council Member Hickman asked applicant Jerry Carlos why he thinks the City has a bad reputation. Mr. Carlos responded by saying he believes the City has elevated its reputation as it excels in the field of education and believes the City is going in the right direction. Council Member Melendez asked Mr. Carlos if he feels it is important to coordinate activities with neighboring cities. Mr. Carlos responded that he likes recreation and would like to raise the bar in that area. Mayor Pro Tern Magee asked Mr. Carlos why he wants to be a City Council Member. Mr. Carlos responded that it would allow him to help the City accomplish its goals and make Elsinore a City to come to for activities. Council Member Hickman asked applicant Genie Kelley why the City has not progressed as much as other surrounding communities and what wouldP l3f®f18 change it? Ms. Kelley stated that she believes the City has progressed and that the last Regular City Council Minutes Meeting of September 13, 2011 Page 6 of 10 twenty years have been wonderful. She stated the development and the professionalism of the City Council have progressed tremendously and she would listen to the community for their ideas. Council Member Melendez asked Ms. Kelley if she supports the Redevelopment Agencies. Ms. Kelley answered affirmatively because the Agencies are designed to encourage the removal of blight in cities and help the City to succeed. Mayor Pro Tern Magee asked Ms. Kelley why she would consider coming back to the City Council. Ms. Kelley indicated that she owes a debt of gratitude to the City. She stated with her filling the vacancy, it would allow her to pay back to the City. Council Member Hickman asked applicant Rick Morsch why he would want to serve on the City Council? Mr. Morsch stated that one of the reasons that he has been attending the City Council meetings regularly is the issues of the legal mining operations and that he would like to help serve. Council Member Melendez asked Mr. Morsch if he feels it is important to maintain local oversight over mining. Mr. Morsch stated that he is up to speed on the mining issues and looks at all sides as it is a part of the community and felt the City should be in control and not the State. Mayor Pro Tern Magee asked Mr. Morsch what are his thoughts on the City's budget and public safety. Mr. Morsch stated that public safety is number one and has looked at ways for the City to increase revenue. Council Member Melendez asked applicant Peter Weber if he believes serving as a Council Member would be similar as serving as City Treasurer. Mr. Weber stated that he was City Treasurer for five years and watched the procedures of Council and understands how the Council operates. Council Member Hickman asked. Mr. Weber what he could do to encourage businesses to the area and what type of business would he like to see in the City? Mr. Weber replied in order to encourage new business he would first look at the layout of the City and suggest tax breaks to help promote businesses. Mayor Pro Tem Magee asked Mr. Weber why he would want to serve on the City Council. Mr. Weber replied he would like to help the City Council meet their goals. City Clerk Bloom opened the nominations and stated that in order for a candidate to be appointed, there must be a majority vote. Mayor Pro Tem Magee nominated Genie Kelley. Council Member Melendez nominated Rick Morsch Council Member Tisdale nominated Genie Kelley. Council Member Hickman nominated Rick Morsch. Page 14 of 21 Regular City Council Minutes Meeting of September 13, 2011 Page 7 of 10 Council Member Melendez thanked the applicants and gave her reasons for supporting Rick Morsch for City Council. Council Member Tisdale stated that he supports Genie Kelley since she has accomplished many goals already for the City. Council Member Hickman stated that Genie Kelley did an excellent job serving on the City Council. He expressed that the City's General Plan is now in its seventh year of updating and feels that Rick Morsch would be a benefit with updating the plan. Mayor Pro Tem Magee thanked all of the applicants as all would serve the City in a positive way. He noted that Phil Mendoza recently resigned on the Planning Commission which is why he feels that Mr. Morsch should continue on the Planning Commission to help move the General Plan forward to the Council. City Clerk Bloom closed the nominations and conducted a roll call vote as follows: Council Member Hickman: Rick Morsch. Council Member Melendez: Rick Morsch. Council Member Tisdale: Genie Kelley. Mayor Pro Tern Magee: Genie Kelley. City Clerk Bloom noted that no single applicant received a majority vote and asked if the Council would like to reopen the nominations. It was moved by Council Member Melendez and seconded by Council Member Tisdale to reopen the nominations. City Clerk Bloom called for nominations. Mayor Pro Tern Magee nominated Genie Kelley. Council Member Melendez nominated Rick Morsch. City Clerk Bloom closed the nominations and conducted a roll call vote as follows Council Member Hickman: Rick Morsch. Council Member Melendez: Rick Morsch. Council Member Tisdale: Genie Kelley. Mayor Pro Tem Magee: Genie Kelley. City Clerk Bloom announced that no single applicant received a majority vote and asked if the Council would like to reopen the nominations again. It was moved by Council Member Tisdale and seconded by Mayor Pro Tem Magee to reopen the floor for nominations. City Clerk Bloom called for nominations. Mayor Pro Tern Magee nominated Genie Kelley. Council Member Melendez nominated Rick Morsch Page 15 of 21 Regular City Council Minutes Meeting of September 13, 2011 Page 8 of 10 City Clerk Bloom closed the nominations and conducted the roll call vote: Council Member Hickman: Rick Morsch. Council Member Melendez: Rick Morsch. Council Member Tisdale: Genie Kelley. Mayor Pro Tern Magee: Genie Kelley. City Clerk Bloom stated that no single applicant had a majority of votes and asked if the Council would like to reopen the nominations. The City Council took a recess at 9:17 and reconvened at 9:27 pm. It was moved by Mayor Pro Tem Magee and seconded by Council Member Tisdale to reopen the nominations. City Clerk Bloom called for nominations. Mayor Pro Tem Magee nominated Genie Kelley. Council Member Hickman nominated Rick Morsch. Council Member Melendez nominated Peter Weber. City Clerk Bloom closed the nominations and conducted another roll call vote as follows: Council Member Hickman: Rick Morsch. Council Member Tisdale: Genie Kelley. Council Member Melendez: Peter Weber. Mayor Pro Tem Magee: Genie Kelley. City Clerk Bloom noted that the Council is deadlocked and suggested having a special meeting to decide whether to have a special election or appoint an applicant to fill the vacancy. It was moved by Mayor Pro Tern Magee and seconded by Council Member Tisdale to have a Special City Council Meeting to be held on September 16, 2011 at 4:00 p.m. at the Cultural Center for this Agenda item. The motion passed unanimously. The City Council recessed and convened to the Redevelopment Agency at 9:32 p.m. The City Council reconvened at 10:03 p.m. PUBLIC COMMENTS - NOWAGENDIZED ITEMS - 3 MINUTES There was none. CITY MANAGER COMMENTS City Manager Brady made the following announcements: Page 16 of 21 Regular City Council Minutes Meeting of September 13, 2011 Page 9 of 10 Coffee Talk with Councilwoman Melendez Wednesday, September 14 at 9:00 a.m. - 10:30 a.m. Location: Flour Fusion Bakery Farmers Market Friday, September 16 from 4:00 p.m. - 8:00 p.m. Lake Elsinore Outlets Quest Alliance Church, Presents Rio Friday, September 16 at 6:30 p.m. Quest Alliance Church The Crane Lakeside Walking Club Monday, September 19 at 7:00 p.m. Crane Lakeside Park & R.V. Resort Craft Night at Crane Lakeside Park and RV Resort Tuesday, September 20 at 6:00 p.m. EWDC Luncheon-An Economic Update by Dr. John Husing Thursday, September 22 from 11:30 a.m. - 1:30 p.m. The Diamond Club Business Networking Mixer Thursday, September 22 from 5:30 p.m. - 7:30 p.m. The Cultural Center Survivor Mud Run Saturday, September 24 Waves of up to 300 start at 9:00 a.m. Storm Stadium He spoke of the General Plan and Downtown Master Plan updates which are moving forward and that many of the documents are now posted on the City's Website. CITY ATTORNEY COMMENTS • She congratulated Mr. Pete Dawson and the community for a well deserved recognition. COMMITTEE REPORTS There were none. CITY COUNCIL COMMENTS Council Member Hickman commented on the following: 0 He announced that the Lions Club is accepting donations of old eye glasj4~ge 17 of 21 Regular City Council Minutes Meeting of September 13, 2011 Page 10 of 10 Council Member Tisdale commented on the following: • He thanked all of the residents who attended the meeting. • He thanked the Police Department for all their hard work and noted that planning for an event is an entirely different procedure. Mayor Pro Tern Magee commented on the following: • He announced that Phil Mendoza resigned from the Planning Commission and advised the public applications are available through the City Clerk's Office. • He advised the community that Betty Burke died and closed the Council Meeting in her honor. ADJOURNMENT Mayor Pro Tem Magee adjourned the meeting in memory of Betty Burke, Secretary and Personal Assistant to Erle Stanley Gardner, who recently passed away and will be greatly missed by the community. The Lake Elsinore City Council adjourned the meeting at 10:08 p.m. to a regular meeting to be held on Tuesday, September 27, 2011, in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. Robert Magee, Mayor Pro Tern ATTEST: Virginia J. Bloom, City Clerk Page 18 of 21 MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA FRIDAY, SEPTEMBER 16, 2011 CALL TO ORDER Mayor Pro Tern Magee called the City Council Meeting to order at 4:00 p.m. ROLL CALL PRESENT: Mayor Pro Tern Magee Council Member Hickman Council Member Melendez Council Member Tisdale ABSENT: None Also present: City Attorney Leibold, City Treasurer Baldwin, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Planning Manager Morelion and City Clerk Bloom. PLEDGE OF ALLEGIANCE Mayor Pro Tem Magee led the pledge of allegiance. PUBLIC COMMENTS - NOWAGENDIZED ITEMS - 1 MINUTE Tim Fleming, resident, addressed the Council regarding an incident that occurred at the September 13, 2011 Council meeting during the discussion of the City Council Vacancy agenda item and requested that Council take action. Allen Baldwin, resident, addressed the incident Mr. Fleming spoke of and that Rick Morsch wrote a letter to the Council. Mr. Baldwin clarified that he was attempting to arrange for the two applicants to speak to each other regarding the City Council Vacancy. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Mayor Pro Tem Magee announced that the Council has received written correspondence from the following residents: Mrs. Kelly Akins in support of Genie Kelley; Shane Saunders in support of Genie Kelley; and Daniel Longtin in support of Rick Morsch. Council also received a letter from Rick Morsch regarding the incident of September 13, 2011. Page 19 of 21 Special City Council Minutes Meeting of September 16, 2011 Page 2 of 3 Michael O'Neal, Donna Franson, Kimberly Ryan and Harvey Ryan spoke in favor of Genie Kelley. Dick Knapp spoke to the cost of a Special Election and asked the Council to appoint a candidate to fill the vacancy. Tim Fleming spoke to the need for change. Allen Baldwin stated the Council could overcome its problems and requested an appointment to fill the vacancy. BUSINESS ITEM(S) (1) City Council Vacancy - Appoint or Call a Special Election to Fill the City Council Vacancy Recommendation: It is recommended to the City Council that it receive and consider the recommendation of the subcommittee, staff report, public comments and candidates' applications and statements and complete the interview and nomination processes and then vote to fill the vacancy by appointment. Alternatively, the City Council could elect to call a Special Election and adopt: (A) RESOLUTION NO. 2011-053 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL [ALL-MAIL BALLOT] ELECTION TO BE HELD IN THE CITY ON TUESDAY, [MARCH 6, 2012] APRIL 10, 2012 FOR THE ELECTION OF A SINGLE COUNCIL MEMBER TO FILL AN UNSCHEDULED VACANCY AND REQUESTING THE COUNTY OF RIVERSIDE REGISTRAR OF VOTERS TO CONDUCT SAID SPECIAL ELECTION (B) RESOLUTION NO. 2011-054 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO APPROVE AND AUTHORIZE THE COUNTY REGISTRAR OF VOTERS TO RENDER SPECIFIC SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL [ALL-MAIL BALLOT] ELECTION TO BE HELD ON TUESDAY, [MARCH 6, 2012] APRIL 10, 2012 (C) RESOLUTION NO. 2011-055 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING REGULATIONS FOR CANDIDATE STATEMENTS FOR ELECTIVE OFFICE SUBMITTED TO THE VOTERS AT A SPECIAL MUNICIPAL [ALL-MAIL BALLOT] ELECTION TO BE HELD ON TUESDAY, [MARCH 6, 2012] APRIL 10, 2012 City Clerk Bloom presented the staff report and called for nominations to fill the vacancy. Page 20 of 21 Special City Council Minutes Meeting of September 16, 2011 Page 3 of 3 Mayor Pro Tern Magee nominated Genie Kelley. Council Member Melendez nominated Peter Weber. She spoke of the short-list of four applicants and stated that all are qualified to fill the vacancy; that although she wanted to nominate Rick Morsch, she didn't want a repeat of the previous Council discussion therefore she was nominating Peter Weber. Council Member Hickman agreed with Council Member Melendez's comments and stated he could support Peter Weber. Mayor Pro Tern Magee stated that he had previously served with Peter Weber when Mr. Weber served as City Treasurer and advised that Mr. Weber had saved the City a large sum of money when he was in office; therefore, he could support Peter Weber to fill the vacancy. Council Member Tisdale stated that it is the people's decision and felt the Council should listen to the public, therefore his support was with Genie Kelley. City Clerk Bloom closed the nominations and called for a roll-call vote as follows: Council Member Hickman: Peter Weber. Council Member Melendez: Peter Weber. Council Member Tisdale: Genie Kelley. Mayor Pro Tern Magee: Peter Weber. City Clerk Bloom announced that Peter Weber received a majority vote of the Council and is hereby appointed to fill the vacant seat on the City Council. She stated that Peter Weber would be sworn into office at the next regular City Council meeting of September 27, 2011. ADJOURNMENT The Lake Elsinore City Council adjourned the special meeting at 4:30 p.m. to a regular meeting to be held on Tuesday, September 27, 2011, in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. Robert Magee, Mayor Pro Tern ATTEST: Virginia J. Bloom, City Clerk Page 21 of 21