Loading...
HomeMy WebLinkAbout01-10-2012 Regular City Council Minutes -- MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 10, 2012 CALL TO ORDER Mayor Tisdale called the City Council Meeting to order at 5:00 p.m. ROLL CALL PRESENT: Mayor Tisdale Mayor Pro Tem Hickman Council Member Magee Council Member Melendez Council Member Weber ABSENT: None — Also present: City Manager Brady, City Attorney Leibold, and City Clerk Bloom. CLOSED SESSION (1a) CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9) City of Lake Elsinore v. Cal Investments, Inc. (Riverside Superior Court Case No. RIC 1106709) (1 b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 371 - 270 -005 City Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and McMillin Summerly, LLC Under negotiation: Price and terms of payment City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss Items 1(a) and 1(b). The City Council recessed and convened to the Redevelopment Agency at 5:01 p.m. The City Council reconvened at 5:02 p.m. and adjourned to Closed Session at 5:02 p.m. Closed Session adjourned at 6:30 p.m. Regular City Council Minutes Meeting of January 10, 2012 Page 2 of 10 CALL TO ORDER Mayor Tisdale reconvened the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Mayor Tisdale Mayor Pro Tem Hickman Council Member Magee Council Member Melendez Council Member Weber ABSENT: None Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Public Works Director Seumalo, Police Chief Fontneau, Planning Manager Morelion, Redevelopment Analyst Carlson, IT Supervisor Soto and City Clerk Bloom. PLEDGE OF ALLEGIANCE — Planning Commissioner Rick Morsch led the pledge of allegiance. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session to discuss Agenda Item Nos. 1(a) and 1(b); no reportable action was taken on either item. PRESENTATIONS / CEREMONIALS • Certificate of Recognition of Dana C. Porche, Certified Municipal Clerk Mayor Tisdale presented a Certificate of Recognition to Dana Porche', Office Specialist in recognition of attaining the status of Certified Municipal Clerk. PUBLIC COMMENTS – NON - AGENDIZED ITEMS – 1 MINUTE Pete Dawson spoke of the neglect of up keeping at the old military school on Grand Avenue and requested the Council's support. PUBLIC COMMENTS – AGENDIZED ITEMS – 3 MINUTES - None. Regular City Council Minutes Meeting of January 10, 2012 Page 3 of 10 "- CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the Minutes of: a) Regular City Council meeting of December 13, 2011. (3) Warrant List dated December 15 and 29 2011 Recommendation: Authorize payment of Warrant Lists dated December 15 and 29 2011. (4) Annual Special Tax Levy Report for the City's Community Facilities Districts for FY 2011 -12 Recommendation: It is recommended that the City Council receive and file report. (5) Residential Design Review No. 2005 -27 — A Request by Ari Lake Elsinore, LLC for a Second Extension of Time for a 211 -Unit Senior (Age 55 +) Condominium Project ( "The Colony ") Located Within the East Lake Specific Plan Recommendation: It is recommended that the City Council approve a Second Extension of Time for Residential Design Review No. 2005 -27 extending the expiration date of the design review to January 10, 2013; based on a determination that with implementation of the attached revised Conditions of Approval that Residential Design Review No. 2005 -27 complies with current laws, standards and policies. (6) Annual Financial Report For the Fiscal Year Ending June 230, 2011. Recommendation: It is recommended that: a.) The Agency Board accept the Annual Report for Fiscal Year 2010 -2011 and confirm transmittal to the City Council and submittal of those components as required by the Redevelopment Law to the State Controller and the Department of Housing and Community Development. b.) It is recommended that the City Council receive and file the Agency's Annual Report for Fiscal Year 2010 -2011. Council Member Weber pulled Consent Item No. 6 for discussion. It was moved by Mayor Pro Tem Hickman and seconded by Council Member Weber to approve the Consent Item Nos. 2 through 5; motion passed unanimously with the exception of Item No. 5, whereas Council Member Magee opposed. Regular City Council Minutes Meeting of January 10, 2012 Page 4 of 10 CONSENT CALENDAR ITEM (S) PULLED FOR DISCUSSION (6) Annual Financial Report For the Fiscal Year Ending June 230, 2011. Recommendation: It is recommended that: c.) The Agency Board accept the Annual Report for Fiscal Year 2010 -2011 and confirm transmittal to the City Council and submittal of those components as required by the Redevelopment Law to the State Controller and the Department of Housing and Community Development. d.) It is recommended that the City Council receive and file the Agency's Annual Report for Fiscal Year 2010 -2011. Council Member Weber spoke of the pros and cons of such report along with the City's Annual Special Tax Levy Report. It was moved by Council Member Weber and seconded by Mayor Pro Tem Hickman to approve Item No. 6; motion passed unanimously. PUBLIC HEARING(S) None. APPEAL(S) None. BUSINESS ITEM(S) (7) Second Reading — Ordinance No. 2011 -1295 Ordinance of the City of Lake Elsinore, California, Approving the Downtown Master Plan, Key to Downtown Implementation Plan, and the Downtown Code. Recommendation: It is recommended that the City Council waive further reading and adopt by roll -call vote by title only: ORDINANCE NO. 2011 -1295 ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE DOWNTOWN MASTER PLAN, KEY TO DOWNTOWN IMPLEMENTATION PLAN, AND THE DOWNTOWN CODE. It was moved by Council Member Weber and seconded by Council Member Melendez to adopt by title only and waive further reading Ordinance No. 2011 -1295, approving the Downtown Master Plan, Key to the Downtown Implementation Plan, and the Downtown Code. The motion passed unanimously by a roll call vote. Regular City Council Minutes Meeting of January 10, 2012 Page 5 of 10 (8) Second Reading — Ordinance No. 2011 -1296 An Ordinance of the City Council of the City of Lake Elsinore, California, Amending and Restating Chapter 14.08 of the Lake Elsinore Municipal Code Regarding Stormwater /Urban Runoff Management and Discharge Controls Recommendation: It is recommended that the City Council waive further reading and adopt by roll -call vote by title only: ORDINANCE NO. 2011 -1296 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 14.08 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING STORMWATER /URBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROLS. It was moved by Council Member Weber and seconded by Mayor Pro Tem Hickman to adopt by title only and waive further reading Ordinance No. 2011 -1296, amending and restating Chapter 14.08 of the Lake Elsinore Municipal Code regarding Stormwater /Urban Runoff Management and Discharge Controls. The motion passed unanimously by a roll call vote. (9) Capital Improvement Project: City Hall and Cultural Center Seismic Retrofit Project Recommendation: It is recommended that the City Council authorize an increase to the City Hall /Cultural Center Seismic Retrofit Project in the amount of $563,000.00 and provide such funding from the unencumbered City Hall /Public Works Fund #116. Redevelopment Agency Analyst Carlson presented an overview of the item to Council. Ruth Atkins with the Lake Elsinore Historical Society spoke of the City's Cultural Center retrofit project, and how it would be necessary to follow specific codes related to historical landmarks. Mayor Pro Tem Hickman asked if the funds from the RDA are still available for this project? City Attorney Leibold stated that this project is part of a grant which has been pledged for this purpose. Mayor Pro Tem Hickman asked for clarification on the amount requested. Analyst Carlson stated the requested amount of $562,222 is to cover the budget shortfall. Council Member Melendez asked why weren't the fire sprinklers factored into the initial estimate? City Manager Brady stated that the initial grant was for seismic retrofit and did not include fire sprinklers. City Manager Brady stated that the grant funds could be used for City Hall or Public Works building and would not require any other projects to be pushed back. Regular City Council Minutes Meeting of January 10, 2012 Page 6 of 10 Council Member Weber asked if there was a time frame to use the grant funds. City Manager Brady stated the funds must be used within three years. Council Member Weber asked when the project would be finished. City Manager Brady stated that staff has estimated the completion of the project by the end of the year. Mayor Tisdale asked how much money is in the fund? Director of Administrative Services stated $1.116 million. Council Member Magee pointed out that the City has paid out two separate lawsuits to defend the fire sprinkler issue, and to stop spending money on lawsuits and fix the problem. It was moved by Council Member Melendez and seconded by Council Member Magee to authorize an increase to the City Hall /Cultural Center Seismic Retrofit Project in the amount of $562,222.00 and provide such funding from the unencumbered City Hall /Public Works Fund #116; the motion passed unanimously. (10) Consideration of the Use of iPads with Paperless Agenda Packets Recommendation: It is recommended that the City Council provide feedback and direction regarding the purchase and use of Apple iPads to access paperless agendas. IT Supervisor Soto provided an overview and PowerPoint presentation of the item to Council. Mayor Tisdale pointed out that the implementation of 'Pads could save money if properly used. He stated that City staff has the ability to go paperless now with the use of laptops and questioned the need for !Pads. Supervisor Soto explained that in order to provide each Council Member with a laptop the cost would be approximately $3,000.00 each compared to $800 for an IPad. In order for the Council to have access to the internet, the laptop would need to be equipped with a software package which is more expensive than an IPad. Mayor Tisdale asked what the normal lifespan of an IPad would be. Supervisor Soto stated it depends on how much you keep up with technology. Mayor Tisdale pointed out that the (Pads are considered personal devices and would prefer personal devices to be purchased by each staff or council member and not come from City money. Council Member Melendez asked if there is grant funding available? Supervisor Soto stated that staff did receive information of grant funding; however it was not applicable to this purchase. Council Member Melendez clarified that the IPad is Internet ready and all that is needed is WIFI. She asked, what would happen if one Council Member "-' wishes not to have the IPad and would like to continue to receive a paper agenda. Supervisor Soto stated that it would be up to the Council but that the money saved by going paperless would be reduced. Regular City Council Minutes Meeting of January 10, 2012 Page 7 of 10 It was moved by Mayor Pro Tem Hickman and second by Council Member Melendez to authorize staff to purchase 17 IPads for City Council and Executive Staff; the motion passed 4 to 1 with Mayor Tisdale opposing. (11) Consideration of Revisions to Lake Elsinore Municipal Code Regarding Undergrounding of Overhead Utilities Recommendation: It is recommended that the City Council direct staff as to whether to prepare a draft ordinance amending Chapter 16.64 consistent with the above - referenced discussion and any City Council comments, and present the draft ordinance for formal consideration by the City Council at the next regular meeting. Director Seumalo provided an overview of his item to the Council. Viet Tran, Regional Manager of Southern California Edison stated that Edison requests to meet with staff and assist in researching this project and to answer questions as it pertains to the cost associated with underground utilities. Council Member Weber stated that he would like to see all large utilities, particularly with large poles or towers, be placed underground. Council Member Melendez stated that she appreciates that a representative from Edison has come forward and is willing to assist staff, however she pointed out that City staff will be making the decisions. She appreciates all the suggestions staff made and would like to see a draft of a proposed ordinance. Mayor Pro Tem Hickman explained why he requested this item to be brought to Council for discussion, as he hopes to have all future overhead utilities placed underground. Council Member Magee requested to seek additional public input, such as from Verizon, the Building Industry Association and Chamber of Commerce. He also suggested getting suggestions from the Planning Commission and from Fred Francia, former City Planning Commissioner. It was moved by Mayor Pro Tem Hickman and seconded by Council Member Magee to direct staff to prepare a draft ordinance amending Chapter 16.64 and seek additional public input; the motion passed unanimously. (12) Dissolution of Redevelopment Agency and Election Regarding Successor Agency /Successor Housing Agency Recommendation: It is recommended that the City Council approve Resolution No. 2012 -001 RESOLUTION OF THE CITY OF LAKE ELSINORE TO EXPRESS ITS INTENT TO SERVE AS THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, Regular City Council Minutes Meeting of January 10, 2012 Page 8 of 10 — PURSUANT TO HEALTH AND SAFETY CODE SECTION 34171(j) AND SECTION 34173, AND TO ELECT TO RETAIN THE HOUSING ASSETS AND FUNCTIONS PREVIOUSLY PERFORMED BY THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34176; and directing staff to file the appropriate notification of these elections in accordance with the Dissolution Act. City Attorney Leibold provided an overview of the dissolution of the Redevelopment Agency effective February 1, 2012. She stated there has been some discussion as to whether or not there may be some urgency legislation extending the deadline, however based on existing legislation, the agency will be dissolved effective February 1, 2012. She stated that there will be many steps in the process, such as the City Council becoming the successor agency for the general redevelopment activities and the successor housing agency. She stated the successor agency would be key in the day to day activities to insure the former redevelopment agencies obligations are properly implemented. Council Member Melendez explained to the audience why the Redevelopment Agencies were developed and used for. She stated the State is considering recreating the organizations in which they were intended. — Council Member Magee stated that he feels this is the Governments way of taking $1.7 billion dollars of the tax payers' money and redirecting the funds elsewhere so there is no local control. It was moved by Council Member Weber and seconded by Mayor Pro Tem Hickman to adopt City Council Resolution No. 2012 -001, to express it intent to serve as the successor agency for the Redevelopment Agency of the City of Lake Elsinore, pursuant to Health and Safety Code Section 34171(J) and section 34173, and to elect to retain the Housing Assets and functions previously performed by the Redevelopment Agency of the City of Lake Elsinore, pursuant to Health and Safety Code Section 34176; motion passed by unanimous vote. The City Council recessed and convened to the Redevelopment Agency at 8:05 p.m. Mayor Tisdale reconvened the City Council meeting at 8:07 p.m. PUBLIC COMMENTS – NON - AGENIZED ITEMS – 3 MINUTES Mazen Kabbara, resident of Lake Elsinore spoke of his property taxes and has requested assistance from the City. Tom Patterson, resident of Wildomar spoke of the noise issues with the Lake Elsinore Motocross Park and requested the City Council's assistance. Ray Stinnett, resident of Lakeland Village spoke of potential opportunities for the old Military Academy property located on Grand Avenue. Regular City Council Minutes Meeting of January 10, 2012 Page 9 of 10 '— CITY MANAGER COMMENTS City Manager Brady made the following announcements: • He addressed the comments made from the public regarding the Naval Academy and advised the Council that staff is initiating the Clean Extreme Program which will be held on January 28, 2012. He stated that the Naval Academy area is one of the targeted areas and that the property owner is working with the City on the clean up. He requested residents, business owners and the public to participate with the clean up process, which would help improve the appearance of the City. CITY ATTORNEY COMMENTS • She wished everyone a Happy New Year and congratulated Dana Porche on her certificate. COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Mayor Pro Tem Hickman commented on the following: • He thanked everyone who sent flowers and condolences to his wife Amy acknowledging the passing of her mother. • He congratulated the Youth Court Judge on her recent appointment to the Superior Court. Council Member Melendez commented on the following: • She reminded the public of her monthly meeting held at the Flour Fusion Bakery on Main Street on Wednesday, January 11, 2012 from 9:00 a.m. -10:30 a.m. Council Member Weber commented on the following: • He wished everyone a Happy New Year. Council Member Magee commented on the following: • He wanted to remind everyone of the upcoming Clean Extreme Program and suggested to the students that this project would be a great opportunity to earn your community service credit. Regular City Council Minutes Meeting of January 10, 2012 Page 10 of 10 Mayor Tisdale commented on the following: • He spoke of a thank you note he received from Mrs. Johnson, thanking staff for cleaning up the Country Club Heights area by cutting back the trees. ADJOURNMENT Mayor Tisdale adjourned the meeting in honor of Sergeant Noah Korte, a resident of Lake Elsinore who was recently killed while serving in the military. Mayor Tisdale adjourned the meeting at 8:24 p.m. to a regular meeting to be held on Tuesday, January 24, 2012 in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. Do Brian Tisdale, Mayor City of Lake Elsinore — ATTEST: Virgini- :lo• , CM , City Clerk City of Lake EV ore