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HomeMy WebLinkAbout11-08-2011 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA .......TUESDAY, NOVEMBER 8, 2011 . CALL TO ORDER Mayor Tisdale called the City Council Meeting to order at 5:00 p.m. ROLL CALL PRESENT: Mayor Tisdale Mayor Pro Tern Magee Council Member Hickman Council Member Melendez Council Member Weber ABSENT: None Also present: City Manager Brady, City Attorney Leibold, and City Clerk Bloom. CLOSED SESSION 1(a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov't Code § 54957 (b)): City Clerk City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss Item 1(a). The City Council adjourned to Closed Session at 5:01 p.m. CALL TO ORDER Mayor Tisdale reconvened the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Mayor Tisdale Mayor Pro Tern Magee Council Member Hickman Council Member Melendez Council Member Weber ABSENT: None City Council Minutes Regular Meeting of November 8, 2011 Page 2 of 12 Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Public Works Director Seumalo, Director of Lake, Parks and Recreation Kilroy, Police Chief Fontneau, Fire Chief Lawson, Planning Manager Morelion, and City Clerk Bloom. PLEDGE OF ALLEGIANCE Winter & Joseph Bloom led the pledge of allegiance. CLOSED SESSION REPORT 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 • Proclamation Declaring November 2011 as "Pancreatic Cancer Month" • Proclamation Declaring December 2011 as "Impaired Driver-Driving Awareness Month" • Certificate of Recognition of Principal Jeff Marks and Tuscany Hills Elementary School • Presentation by the Lake Elsinore Historical Society Designating the Cultural Center a Historical Landmark Mayor Tisdale presented Jeff Marks, Principal of Tuscany Hills Elementary with a Certificate of Recognition. Mayor Tisdale presented a Proclamation to Edward Borella declaring December 2011 as "Impaired Driver-Driving Awareness Month". Mayor Tisdale presented the Proclamation declaring November 2011 as "Pancreatic Cancer Month" to Mr. & Mrs. Spakes. Ruth Atkins with the Lake Elsinore Historical Society presented an overview of the history of the Lake Elsinore Cultural Center. She invited the community to the unveiling of the historical plaque which will be placed on the outside wall of the Cultural Center on Friday, December 2, 2011 at 5:00 p.m. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Rob Keister spoke of the upcoming Veterans Day celebration at the Lake Elsinore Cemetery. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None. City Council Minutes Regular Meeting of November 8, 2011 Page 3 of 12 Mayor Tisdale announced that a request to reorder Agenda Item No. 10 to follow the Consent Calendar was made by staff and approved by the Council. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the Minutes of: (a) Regular City Council meeting of October 25, 2011. (3) Warrant List dated October 31. 2011 Recommendation: Authorize payment of Warrant List dated October 31, 2011. (4) Street Closures and Disbursements for "Unity in the Community Parade" Recommendation: It is recommended that the City Council approve temporary street closures for the Unity Parade on November 1gth and disbursements in the amount of $3,350. (5) Winterfest Celebration and Street Closures Recommendation: It is recommended that the City Council approve temporary street closures for the Winterfest Event on December 2"d from 11:00 a.m. to 11:00 p.m. for Main Street, Graham Avenue, Sulphur Street and Limited Avenue. (6) Planning Division Professional Services Agreement Recommendation: It is recommended the City Council authorize the City Manager to enter into the professional services contract with Richard MacHott of The Altum Group for a term ending on June 30, 2012, subject to minor modifications as may be approved by the City Attorney. (7) Settlement Agreement and Mutual Release in Re Darwin Rogers Booster Trust Recommendation: It is recommended that the City Council approve the Settlement Agreement and Mutual Release and authorize the City Manager to execute the Agreement. (8) Notice of Completion Final Contract Change Order Diamond Drive Street Rehabilitation from Auto Center Drive to Mission Trail Project No 4347 Recommendation: It is recommended that the City Council: City Council Minutes Regular Meeting of November 8, 2011 Page 4 of 12 (a) Approve Change Order No. 1 and Final Change Order in the amount of $4,652.61; (b) Authorize the City Manager to execute contract Change Order No. 1 and Final Change Order; (c) Accept the improvements into the City maintained system; (d) File the Notice of Completion with the County Recorder; (e) Release all retention monies 35 days after the filing of the Notice of Completion. It was moved by Council Member Melendez and seconded by Council Member Hickman to approved the Consent Calendar; motion passed unanimously. REORDERED BUSINESS ITEM (10) Annual Adoption of Investment Policy Recommendation: It is recommended that the City Council approve the City's Investment Policy. Director of Administrative Services Riley provided an overview and introduced Girard Miller and Monique Spyke of The PFM Group who provided a presentation to the Council. Council Member Weber asked several questions regarding funding, securities and interest. He did not support changing the policy language of Commercial Paper Maturity Restrictions and Medium Term Notes. It was moved by Council Member Weber, seconded by Council Member Hickman to approve the City's Investment Policy, with the changes recommended by PFM Asset Management LLC, excluding the proposed changes to the Commercial Paper Maturity and Medium Term Notes; motion passed unanimously. PUBLIC HEARING(S) (9) Tentative Parcel Map No. 36304: A Request to Subdivide an Existing 3.17 Acre Site into Three (3) Parcels within the Residential Single Family (RSF) District of the Tuscany Hills Specific Plan. Recommendation: It is recommended that the City Council deny the proposed Parcel Map No. 36304 based upon the recommendation of the Planning Commission and the findings that, pursuant to Section 16.20.20 of the LEMC, the proposed lot sizes and arrangement are incompatible with lots in the Tuscany Hills Estates area and inconsistent with the general pattern established in the vicinity. Alternatively, if the City Council finds after consideration of the staff report, testimony and other evidence presented during the public hearing that the City Council Minutes Regular Meeting of November 8, 2011 Page 5 of 12 proposed lot sizes and arrangement are compatible with lots in the Tuscany Hills Estates area and consistent with the general pattern established in the vicinity and disagrees with the Planning Commission's recommendation, that it approve the project by the following actions: (a) Adopt Resolution No. 2011-063 Adopting Findings That The Project Known As Tentative Parcel Map No. 36304 Is Consistent With The Western Riverside Multiple Species Habitat Conservation Plan; and, (b) Adopt Resolution No. 2011-064 Approving Tentative Parcel Map No. 36304 Located At 7 Via Del Lago (APN: 363-350-021). Mayor Tisdale opened the Public Hearing at 7:57 p.m Planning Consultant Coury provided an overview to Council. He noted that Condition No. 21 had been modified and provided a copy of the revision. Doug Pinnow introduced himself to the Council and provided a brief presentation of his proposed project. Frank Lee, Chris Hyland, Don Porter, Chris Pinnow, and Tom Jacobson spoke in support of the project. Janice Campion, Kevin Campion, Donna Holts, Roy Singleton, Diane Smith, and Dan Vinson spoke in opposition of the project. Mayor Tisdale closed the public hearing at 8:50 p.m. Mayor Pro Tern Magee noted that it was a difficult decision; however it is the Specific Plan that regulates the area. He stated that he considers one-acre to be an estate size lot and that he supports the project. Council Member Hickman asked City Attorney Leibold if there is a specific definition of an "Estate Lot"? City Attorney Leibold answered that it is a name the developer designated for that area. Council Member Hickman asked if Council approves the project, would it allow other homeowners to split their lots as well? City Attorney Leibold stated any application for a subdivision would be evaluated on the criteria, lot size and would be regulated by the Tuscany Hills Specific Plan, all subject to approval by the Planning Commission and City Council. Council Member Hickman asked if an ordinance needed to be established that would prevent the owners from subdividing their lots. City Attorney Leibold stated that the property owners could process an application for an amendment to the Tuscany Hills Specific Plan, designating a larger lot size. Council Member Weber expressed that the applicant has the legal right to make the lots smaller and concurred with Mayor Pro Tern Magee's comments. City Council Minutes Regular Meeting of November 8, 2011 Page 6 of 12 Mayor Tisdale stated that the City needs more estate-size lots and added that the City should outline what an estate is. Council Member Melendez stated that the applicant could do as he chooses with his lot as long as it falls under the confines of the law. She stated that Mr. Pinnow's request is legal and suggested to Mr. Pinnow to try to mitigate the issues with his neighbors. It was moved by Mayor Pro Tern Magee and seconded by Council Member Hickman to adopt Resolution No. 2011-063 adopting Findings that the project know as Tentative Parcel Map No. 36304 is consistent with the Western Riverside Multiple Species Habitat Conservation Plan; motion passed unanimously. It was moved by Mayor Pro Tem Magee, seconded by Council Member Hickman to adopt Resolution No. 2011-064 approving Tentative Parcel Map No. 36304 located at 7 Via Del Lago, (APN: 363-350-021); motion passed unanimously. APPEAL(S) None. BUSINESS ITEM(S) (11) Resolution No. 2011-062 A Resolution of the City Council of the City of Lake Elsinore California, Acting as the Legislative Body of City of Lake Elsinore Community Facilities District No. 95-1 (Lake Elsinore CitV Center Public Improvements), Authorizing the Issuance of City of Lake Elsinore Community Facilities District No. 95-1 (Lake Elsinore City Center Public Improvements) Special Tax Bonds, 2011 Series, Approving the Issuance of the Lake Elsinore Public Financing Authority Local Agency Revenue Bonds (1996 Series E Refunding), 2011 Series B, and the Execution and Delivery of a Fiscal Agent Agreement, A Commitment Agreement and Purchase Contract, a Purchase Contract and a Continuing Disclosure Agreement Recommendation: It is recommended that the City Council adopt City Resolution No. 2011-062 authorizing issuance of bonds and bond documents. Director Riley presented an overview of the item to the City Council. Council Member Hickman announced that should the Council approve the issuance of bonds and bond documents, he would request to see a break down on how the money was spent. Council Member Weber questioned the issuance fees? Don Hunt representing Fulbright and Jaworski stated that the numbers representing the cost of issuance include all professional firms and the trustees is estimated at $134,000. He stated it is 8-9% in overall savings over the life of the bond. City Council Minutes Regular Meeting of November 8, 2011 Page 7 of 12 Council Member Hickman asked what year would the bonds mature? Don Hunt stated the bonds would mature on October 1, 2025. Mayor Tisdale asked who would receive the money saved. Don Hunt stated, because the special tax is levied, it will decrease each year by the amount of the savings which is spread among the existing properties. Council Member Hickman asked where the property is located. Director Riley stated it is near Wal-mart. Council Member Hickman asked if the City could take the profit and put it towards the principle. Don Hunt stated under the Mello-Roos Act, refunding is not an option unless you have savings. It was moved by Council Member Weber and seconded by Council Member Hickman to approve Resolution No. 2011-062, a Resolution of the City Council acting as the Legislative Body of City of Lake Elsinore Community Facilities District No. 95-1 (Lake Elsinore City Center Public Improvements), Authorizing the Issuance of City of Lake Elsinore Community Facilities District No. 95-1 (Lake Elsinore City Center Public Improvements) Special Tax Bonds, 2011 Series, Approving the Issuance of the Lake Elsinore Public Financing Authority Local Agency Revenue Bonds (1996 Series E Refunding), 2011 Series B, and the Execution and Delivery of a Fiscal Agent Agreement, A Commitment Agreement and Purchase Contract, a Purchase Contract and a Continuing Disclosure Agreement; motion passed unanimously. (12) Social Media - Consideration of a Draft Social Media Policy and City Facebook Page Recommendation: It is recommended that the City Council provide feedback and direction to staff regarding the intended purpose and use of social media sites as stated in the proposed Social Media Policy. Assuming City Council concurs with this strategy, the final Social Media Policy will be brought to City Council for adoption on December 13, 2011, and the official City Facebook page will be launched the week of January 3, 2012. It should be noted that the Citizen Corps have established a Facebook page. Assuming the proposed Social Media policy is adopted, this page would need only minor modifications to be in compliance with the policy. IT Supervisor Soto provided an overview of the project to City Council. Council Member Weber questioned the changes from what exists now on the City's website. Supervisor Soto replied that daily there are 20 million people that are using Facebook. He stated the difference with the website is that a person must go to the site in order to look for the information, whereas Facebook and Twitter would automatically deliver the information to you. Council Member Weber asked if the comments would be monitored. Supervisor Soto answered yes all comments would be monitored to comply with the City's policy. City Council Minutes Regular Meeting of November 8, 2011 Page 8 of 12 Council Member Hickman asked if there was a way to find out who made a statement onto Facebook. Supervisor Soto stated that in order to use Facebook, it is required to have a user name established. Council Member Melendez reminded everyone of the peoples' First Amendment rights, and stated that concerns with the negative attention from Social media sites are unwarranted. She offered that this would be an effort to get the information out to the public. It was moved by Council Member Melendez and seconded by Council Member Hickman to approve the proposed Social Media Policy and have the policy returned to the City Council for adoption in December; motion passed unanimously. Mayor Tisdale commented that it is time to move forward with the social media tools that people are using in order to get information out. (13) Fiscal Year 2011-12 First Quarter Budget Report Recommendation: It is recommended that the City Council: (a) Approve the recommended one-time expenditures of $1,056,005 related to the General Fund budget savings in Fiscal Year 2010-11. (b) Approve the recommended one-time expenditures of $220,000 from non- general fund sources for CIP projects. (c) Approve the net budget adjustment of $38,816 to the Fiscal Year 2011-12 General Fund budget. (d) Approve the net budget adjustment of $75,502 to the Fiscal Year 2011-12 non-general fund sources for the City Operating Budget. Director Riley provided an overview of the item to Council. Kimberly Ryan expressed her concerns with the public parking lot across from the Cultural Center and asked if any extra funds could be used to have the parking lot paved. Council Member Hickman asked what is foreseen with the foreclosed properties? Director Riley stated it could vary, as the City has already received over $300,000. Council Member Hickman asked if the Parks & Rec. Department intended on hiring a permanent employee? Director Kilroy stated currently there are two workers on disability and the position is currently being filled by a temporary worker. He stated in January he would like to hire a full-time employee in Facilities/Maintenance which would eliminate the staffing from Cutting Edge. Mayor Pro Tern Magee noted that the City has taken a conservative approach over the years. He stated that the Council had to make several cuts that were painful, and now the City is in a position where we can start investing again. He pointed out that staff still needs to be conservative and cautious as we move forward. He stated that the Mayor City Council Minutes Regular Meeting of November 8, 2011 Page 9 of 12 had requested the Council to prioritize where additional funds should go for the next budget year and encouraged everyone to stay on the fiscal track which has kept the City healthy over the past couple of years. Council Member Melendez asked about pending Capital Improvement Projects (CIP) to be prioritized which have been pushed back. She discussed the importance of having the Outlet Center medians landscaped as those are the gateway into the City. City Manager Brady spoke of the median landscaping at Collier which is a major entry into the City. He stated staff wanted to take a conservative approach and this was the starting point. He noted that all of the projects would need to come back to the City Council for final approval. Council Member Weber stated that the report is good news and suggested budgeting for road barriers that would prevent hydroplaning during excessive water runoff from the rains. Mayor Tisdale suggested the City Council submit their projects to the Budget Committee in order to prioritize, as well as save staff time. City Manager Brady stated that staff would be supportive of adding additional funds for the CIP projects. Mayor Pro Tem Magee asked Council Member Melendez what item under the CIP she would like to add to the list of improvements. Council Member Melendez stated she would like to increase the amount allocated for the median improvement. Mayor Pro Tern Magee agreed. City Manager Brady stated, the intent was to put an initial amount of money in the budget to start the process. Mayor Tisdale asked Council Member Melendez if there were any item that she would like removed. Council Member Melendez suggested taking the money from paving the parking lot across from the Cultural Center and add it to the median improvements across from the Outlets. Mayor Pro Tern Magee suggested approving all of the items that are before the City Council except for the median across from the Outlet Center and direct staff to bring it back to Council in the future. Kimberly Ryan stated that she agrees with Council Member Melendez; however stated that there are five gateways into the City. She stated many activities occur along Main Street and it would benefit the community to have a paved parking lot adjacent to the Cultural Center. Harry Johnson stated that he is happy to hear that staff recommends hiring additional staff for the Code Enforcement Department as there continues to be a signage problem in the community. It was moved by Mayor Pro Tem Magee and seconded Council Member Weber to approve_ recommendations 1 through 4 and direct staff to come back with a list of options to improve the median in front of Collier and explore a potential partnership with the new owners of the Outlet Center; motion passed unanimously. City Council Minutes Regular Meeting of November 8, 2011 Page 10 of 12 (14) Appointment to the Planning Commission Recommendation: The sub-committee will make a recommendation to the City Council for consideration and shall nominate its selected applicant at the meeting. A vote will be called for each nomination, and the applicant receiving the highest number of affirmative votes from the majority of the Council present shall be appointed. Mayor Pro Tern Magee advised the public that on September 12, 2011, Phil Mendoza resigned as Planning Commissioner causing an unscheduled vacancy. He stated that the subcommittee interviewed eight applicants. He stated the subcommittee both agreed on a very qualified applicant and recommended appointing David Blake to the Planning Commission. David Blake thanked the Council for their vote of support and stated it would be an honor to represent the City of Lake Elsinore. Mayor Pro Tern Magee nominated David Blake to fill the Planning Commission vacancy, seconded by Council Member Hickman and approved unanimously. Council Member Melendez thanked all those who applied, noted that all of the candidates were very qualified and how it was a difficult decision to narrow it down to one person. (15) Consideration of a Business Fee Holiday Recommendation: It is recommended that the City Council authorize a temporary waiver of fees for minor design review applications for any structure or sign and the waiver of business license fees for new businesses submitted to the City by December 31, 2011. City Manager Brady provided an overview of the item to the Council for consideration. Council Member Melendez requested the Council to consider again a temporary waiver of fees for Minor Design Review applications, structure or signs and Business License fees for new businesses locating in the City. She also suggested waiving the fees of business license renewals through January 31, 2012. Council Member Weber asked how much money the City takes in from renewals. Director Riley stated that the Business License renewals range from $10,000 to $20,000 for that time period. Council Member Weber stated that this is a considerable amount of money therefore he could not support it. Mayor Tisdale asked Director Riley for the City's cost from last year. Director Riley stated that there were a total of 71 new businesses that took advantage of the savings. The amount totaled around $5,000. City Council Minutes Regular Meeting of November 8, 2011 Page 11 of 12 It was moved by Council Member Melendez and seconded by Council Member Hickman to waive the fee for Business Licenses including renewals effect November 9, 2011 through January 31, 2012; to waive the Temporary Sign Permit fee from November 9, 2011 through December 31, 2012; and to waive the fee for Minor Design Reviews from November 9, 2011 through January 31, 2012. The motion passed 4 to 1 with Council Member Weber opposing. The City Council recessed and convened to the Redevelopment Agency at 10:23 p.m The City Council reconvened at 10:25 p.m. PUBLIC COMMENTS - NOWAGENDIZED ITEMS - 3 MINUTES There was none. CITY MANAGER COMMENTS City Manager Brady made the following announcements: • Lake Elsinore Grand Prix 2011 Saturday, November 12 at 7:30 a.m. Lake Elsinore Diamond • Christmas Open House Saturday, November 12 from 10:00 a.m. - 8:00 p.m. Maria's Antiques & Home Decor • EWDC Luncheon Thursday, November 17 from 11:30 a.m. - 1:30 p.m. The Diamond Club • Business Networking Mixer Benefiting Cops for Kids Thursday, November 17 from 5:30 p.m. - 7:30 p.m. Lake Chevrolet • Quest Alliance Church Presents: Robots Friday, November 18 at 6:30 p.m. He reminded the Council and the public that the City Hall offices will be closed on November 24 & 25 for the Thanksgiving holiday. CITY ATTORNEY COMMENTS None. City Council Minutes Regular Meeting of November 8, 2011 Page 12 of 12 COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Council Member Hickman commented on the following: • He thanked all the applicants who interviewed for the Planning Commission position. • He spoke of the Grand Prix and suggested everyone to participate in the historical event. • He advised the public of the upcoming Christmas Tree Lighting event to take place on December 2nd 2011. • He requested staff to draft an underground utility ordinance to present to the City Council in January 2012. • He asked the IT Department to look into a printing issue on complaints submitted to the City via the website. Council Member Melendez commented on the following: • She congratulated Mr. Blake on his appointment to the Planning Commission. • She reminded the public of Veterans Day on November 11, 2011. Mayor Pro Tern Magee commented on the following: • He reminded the public to support the Grand Prix this coming weekend. Mayor Tisdale commented on the following: • He spoke of Veterans Day and the importance that it represents. • He thanked the community for attending the meeting. ADJOURNMENT Council Member Hickman adjourned the meeting in remembrance of Jason Moscowitz, former Principal at Lakeside High School, who recently died from an auto accident. Mayor Tisdale adjourned the meeting at 10:33 p.m. to a regular meeting to be held on Tuesday, December 13, 2011, in the Cul Centerlec ted at 183 N. Main Street, Lake Elsinore, CA. ' Brian Tisdale, ayor