The URL can be used to link to this page

Home My WebLink About03-13-2012 City Council MinutesMINUTES REGULAR CITY COUNCIL AND CITY COUNCIL AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 13, 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 Tern 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) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GOV'T CODE SECTION 54957(b)): CITY MANAGER (1b) CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss Items 1a through 1b. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES Harvey Ryan, Genie Kelley, Donna Niehouse, Joyce Hohenadl, Allen Baldwin, Chance Edmondson, Peter Dawson, David Oster, Chris Hyland, Donna Franson, George Alongi, Kimberly Ryan, Ace Vallejo and an email from Mr. & Mrs. Booze spoke in favor of the City Manager's performance. Regular City Council Minutes Meeting of March 13, 2012 Page 2 of 13 Council Member Melendez responded to comments made during public comments. Council Member Weber responded to comments made during public comments. Mayor Pro Tern Hickman responded to the recall proponents. Council Member Magee thanked the community for showing their support. The City Council recessed to Closed Session at 5:33 p.m. Closed Session adjourned at 6:00 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 Hickman Council Member Magee Council Member Melendez Council Member Weber ABSENT: None Also present: City Manager Brady, City Attorney Leibold, City Clerk Bloom, Director of Administrative Services Riley, Public Works Director Seumalo, Director of Lake, Parks and Recreation Kilroy, Police Chief Fontneau, Fire Marshall Rodriquez, and Planning Manager Morelion. PLEDGE OF ALLEGIANCE Mayor Tisdale 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. 1a and 1b. She stated there was no reportable action on Item 1b and Item 1 a would be discussed during Agenda Item No. 8. PRESENTATIONS / CEREMONIALS • Special Needs Assistance Program presentation by Children and Family Services of the Lake Elsinore Unified School District. Regular City Council Minutes Meeting of March 13, 2012 Page 3 of 13 Representatives from the Lake Elsinore School District provided a presentation regarding their Special Needs Program offered by the Lake Elsinore Unified School District. PUBLIC COMMENTS — NON -AGENDIZED ITEMS — 1 MINUTE Vicky Long representing the Elsinore Murrieta Anza Resource Conservation District spoke of the mitigation of unwanted plants and stated that the organization has grant funds to disburse. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES None. Mayor Tisdale announced that he would reorder the Agenda to move Business Item No. 8 forward. REORDERED BUSINESS ITEM NO. 8 (8) City Manager Employment Agreement Recommendation: It is recommended that following the completion of the City Manager's performance review, the City Council take no action or confirm a closed session action in accordance with the Employment Agreement. City Attorney Leibold presented the staff report to Council. Ruth Atkins, Harvey Ryan, Chris Hyland and Kimberly Ryan all spoke in favor of the City Manager's performance. Michel Knight spoke in opposition of the City Manager's performance. Council Member Weber thanked the community for their concerns and for attending the meeting. He advised that until now he was unable to disclose his opinion of the City Manager's performance evaluation and that he based his evaluation on the following factors: 1) poor working relationship with two of the City Council members; 2) he lacked the process of recruiting businesses into the community; 3) excessive fines with Code Enforcement issues; 4) improper collection on developer fees; and 5) the use of media. Mayor Pro Tern Hickman provided his opinions for evaluating the City Manager's poor performance; 1) too long for the approval of the General Plan; 2) too many illegal's on Main Street; 3) the removal of two buildings on Main Street which would have brought in additional revenue to the City. Council Member Magee stated that being a Chief Executive officer of a public agency is a multi - dimensional task. He added that under the City Manager's watch, the City has experienced growth; that the City Manager streamlined the development process, and Regular City Council Minutes Meeting of March 13, 2012 Page 4 of 13 reached out to all of the stakeholders in the community. He stated City Manager Brady has given back to the community in various ways and became the City Manager that Council has been asking for. He offered that the City Manager has left a positive foot print of his leadership on the community and that he respects the Council's decision and process. Mayor Tisdale stated that during his time on the City Council, the City Manager has been receptive and very responsive. He stated that it would be unfortunate should the Council terminate his contract. Council Member Melendez reminded the public that her husband does not work for any airport, and stated that if there was a conflict with her voting on the Ontario Airport agenda Item, that the City Attorney would have advised her. She stated that she legally disclosed the purchase of her home, and wasn't sure where the information was coming from. With regards to the City Manager's performance, she advised the public that she had several reasons for her decision. She stated in 2005, the City Manager's salary was $135,000 and the City's revenue was roughly 30 million; in 2006, his salary increased 11.1% to $150,000 and his benefits increased by 50% yet the City's revenue only increased by 3.4 %; in 2007, his salary increased by 16.6% to $175,000 and the City's revenue increased by 2.3 %; in 2008, his salary increased by 5.7% to $185,000 and the City's revenue decreased by 11.2% and the City layed off 8 employees that same year; in 2009, his salary remained the same and the City's revenue decreased by 22.2% and the City had to eliminate 2 Police Officers; in 2010, the City layed off an additional 11 employees and the City Manager cashed out unused leave of $20,000. She stated the contract was agreed upon by the previous City Council members and they were responsible. She announced that it is her job to protect the tax payers. She offered that the City of Lake Elsinore has suffered from the economic decline just like the surrounding cities; however, the City Manager has neither conceived, created nor executed an Economic Development Plan. She stated that the City Manager has shown little effort of augment for the dwindling revenue base and the City Manager's position reflects a fundamental failure of political leadership, past and present. She said that she would like to see the City Manager succeed and offered a change to his contract to include; an accrual of two weeks of vacation time which could be carried over yearly, severance and benefits pay would be reduced to 4 months as opposed to 12 months, his contract would expire yearly and no longer any multi -year contracts, elimination of administrative leave completely, and a reduction in salary back to $135,000 which was his salary in 2005. It was moved by Council Member Melendez to renegotiate the City Manager's contract; motion died for a lack of a second. It was moved by Council Member Magee and seconded by Mayor Tisdale to retain the services of the City Manager without altering his contract; the motion failed by 2 -3 with Council Member Melendez, Council Member Weber and Mayor Pro Tern Hickman voting no. It was moved by Council Member Weber and seconded by Mayor Pro Tern Hickman to terminate the City Manager's Employment Agreement pursuant to the previsions of Regular City Council Minutes Meeting of March 13, 2012 Page 5 of 13 sections 3a, b, and c of the Agreement; the motion passed 3 -2 with Council Member Magee and Mayor Tisdale voting no. City Attorney Leibold reported that during Closed Session on Agenda Item 1a, the City Council voted to terminate the City Manager's Employment Agreement pursuant to the provisions of sections 3a, b, and c of the Agreement. She explained that in accordance with the Agreement that vote was confirmed in public under Agenda Item 8. The vote in Closed Session was identical to the public vote with Mayor Pro Tern Hickman and Council Members Melendez and Weber voting to terminate and Mayor Tisdale and Council Member Magee voting against termination. City Attorney Leibold stated that pursuant to the Employment Agreement the City Council and Mr. Brady has prepared a Joint Statement that would be read by the City Clerk. City Clerk Bloom read the joint statement of the City Council and the City Manager into the record as follows: "Following recent discussions the City Council has voted to terminate Mr. Brady as the City Manager of the City of Lake Elsinore. Mr. Brady has served as the City Manager since July 1, 2005. Prior to accepting the position as the City's top administrator, Mr. Brady led the City's Community Development Department as Director from February 1998 until his appointment as Interim City Manager in January 2005. During his tenure, Mr. Brady's leadership, commitment and experience have contributed to improving the City of Lake Elsinore. The City Council believes that Mr. Brady has shown himself as a person of high integrity, competence, and professionalism in his years of service to the City as City Manager and Director of Community Development. After seven years of Mr. Brady occupying the position as City Manager the majority of the Council has decided it is time to take a new direction. Mr. Brady thanks the City Council and the community for giving him the opportunity to serve the City of Lake Elsinore as City Manager and the City Council wishes Mr. Brady success in his future ventures." City Manager Brady stated that he was overwhelmed with the support that he received by the public and he was proud that he had the opportunity to serve the City for many years. He stated it was his belief that it was a team effort between him, staff and the City Council and is proud that the City was able to get through the Great Recession. He referenced the comment made by Council Member Weber about military executive training and responded that the City is a governmental organization and provides services to the residents and to the businesses as well. He stated with regards to the businesses in town, it is the City's policy that requires compliance to the Health and Safety Codes which is to protect the safety of those working in the buildings and to the public. He noted that in 2009, his contract was approved by a 5 -0 vote by the City Council, which Council Member Melendez served on at that time. He asked Council Member Melendez if she had given up any of her salary which she receives as a Council Member. He thanked staff for the additional work loads that they have had endured and commended staff for a fantastic job. He stated that he will remain active in the community, continue to be a member of Rotary, and will continue to support the City. Regular City Council Minutes Meeting of March 13, 2012 Page 6 of 13 City Attorney Leibold announced that the Council will need to vote pursuant to Government Code Section 54954.2(b) (2) to add an item to the agenda, in order to appoint an Interim City Manager. It was moved by Council Member Melendez and seconded by Council Member Magee to add an item to the agenda in order to appoint an Interim City Manager; the motion passed unanimously. The City Council recessed at 8:23 p.m and returned at 8:36 p.m ITEM ADDED TO THE CITY COUNCIL AGENDA Appointment of the Interim Citv Manaaer City Attorney Leibold stated that due to the vacancy of the City Manager's position, the Council is required to appoint an Interim City Manager. She stated she anticipates further discussion of this item at the next Regular City Council meeting for the recruitment of a new City Manager. It was moved by Council Member Magee and seconded Council Member Weber to appoint Pat Kilroy to serve as the Interim City Manager for the next two weeks; the motion passed unanimously. Interim City Manager Kilroy stated that he accepts the responsibilities of the Interim City Manager appointment and stated that he would do his very best. He stated that he understands that this is a short term appointment and advised the Council that he had no long term aspirations for the City Manager's position. He stated on behalf of staff, they stand ready to conduct the City's business and continue the efforts to move the City forward. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the Minutes of: a) Regular City Council and Successor Agency meeting of February 28, 2012. b) Special City Council meeting of March 7, 2012. (3) Warrant List dated February 28, 2012 Recommendation: Receive and File Warrant List dated February 28, 2012. Regular City Council Minutes Meeting of March 13, 2012 Page 7 of 13 (4) Amendment to Management and Maintenance Agreement for LLMD Landscape Zone F Recommendation: It is recommended that the City Council approve the First Amendment to Agreement for Management and Maintenance of Landscape Zone F and authorize the City Manager to execute such amendment subject to any minor modification as may be approved by the City Attorney. (5) Settlement and Implementation Agreement of K. Hovnanian at La Laguna Recommendation: It is recommended that the City Council approve the Settlement and Implementation Agreement and authorize the Mayor to execute the agreement, subject to any minor modifications as may be approved by the City Attorney. It was moved by Council Member Magee and seconded by Council Member Weber to approve the Consent Calendar; the motion passed unanimously. PUBLIC HEARING(S) (6) Revision to Tentative Parcel Map No. 34442 — A Request by Pardee Homes for Approval of the Subdivision of Approximately 8.83 Acres of Land into Four Lots for a Detached Single Family Residential Condominium Project, Including a Model Home Complex and Related Improvements Located within Planning Area 36 of Canyon Hills Specific Plan Recommendation: It is recommended that the City Council adopt Resolution No. 2012 -009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A REVISION TO TENTATIVE PARCEL MAP NO. 34442 and proposed Conditions of Approval. Mayor Tisdale opened the Public Hearing at 8:41 p.m. Planning Consultant Coury provided the Council with an overview of the project. Mayor Tisdale closed the Public Hearing at 8:42 p.m. Council Member Weber stated that he met with Pardee Homes at the project site and went over the plans of the area, and liked the looks of the project. It was moved by Mayor Pro Tem Hickman and seconded by Council Member Weber to adopt Resolution No. 2012 -009, approving a revision to Tentative Parcel Map No. 34442; the motion passed unanimously. Regular City Council Minutes Meeting of March 13, 2012 Page 8 of 13 (7) Appeal of Planning Commission Approval of Reclamation Plan No 2008 -01 and Vested Right to Mine — Reclamation Plan for an 85.76 Acre Mining Site Generally Located along the East Side of the 1 -15 Freeway Between Nichols Road and Lake Street. The Project Site was Previously within the 3,457 Acre Reclamation Plan No. 2008 -01 for the Site and Confirmation that the Owner has a Legal Vested Right for Quarrying on the Site Pursuant to SMARA and Lake Elsinore Municipal Code Chapter 14.04. Reclamation will Include but is Not Limited to, Restoration and Revegetation of any Disturbed Land Associated with the Project Site. Mitigated Negative Declaration No 2008 -08 was Prepared for the Project According to the California Environmental Quality Act. Recommendation: It is recommended that the City Council deny the appeals and uphold the Planning Commission's decision to adopt Resolution No. 2012 -02 approving Mitigated Negative Declaration No. 2008 -08; adopt Resolution No. 2012- 03 approving MSHCP Consistency, and adopt Resolution No. 2012 -04 confirming the vested mining right and approving Reclamation Plan No. 2008 -01. This recommendation is based on the findings, exhibits and conditions of approval attached. Mayor Tisdale opened the Public Hearing at 8:42 p.m. Planning Consultant Coury provided an overview of the Appeal with the Council. He stated that the first appeal was received from Sharon Gallina and Paulie Tehrani, and the second appeal was received by Planning Commissioner Michael O'Neal. Mrs. Gallina and Mrs. Tehrani filed based on their belief that the owner of the site does not have a vested right to mine the property. Commissioner O'Neal filed the appeal based on the belief that there is illegal grading across ephemeral streams without compliance with federal and state environmental laws and that the project inappropriately defers environment mitigation. Planning Commission O'Neal spoke in opposition of the project and provided photos of the project which showed illegal grading in the creek and wildlife areas which is a violation to Federal Law. He also provided the Alberhill Specific Plan Ranch Mitigation Monitoring Program which was never referenced. Paulie Tehrani spoke in opposition of the project. She stated that Pacific Clay Products (PCP) established vested rights on the MCA land when they released the land from Biddle who was the prior owner. She stated PCP officially gave up the vested rights when they installed another kiln, and stated that you cannot segment vested property. Sharon Gallina asked Council why she had to pay $200 for the Appeal fee, when Planning Commission O'Neal who also filed an appeal, did not. She also asked why City staff and the City Attorney told the City Clerk of the Appeal Public Hearing date being changed from February 28th to March 13th without notifying them. Regular City Council Minutes Meeting of March 13, 2012 Page 9 of 13 Mayor Tisdale closed the Public Hearing at 8:57 p.m. Council Member Weber asked Ms. Tehrani how she got all of her information. Ms. Tehrani stated that the information was received from the County of Riverside. Council Member Melendez asked Planning Manager Morelion if the meeting was noticed for a previous date and then changed without notifying the applicant. Planning Manager Morelion stated that he believes there was a misunderstanding of the date and that staff did not send out any notices for a previous meeting. Council Member Melendez apologized for any inconvenience that this may have caused. Ms. Gallina requested the Council to address the $200 fee issue. City Attorney Leibold stated that there has been a long standing policy that states if an appointed official for the City requests an appeal of a Planning Commission matter, that there would not be a fee charged. She stated that the City Clerk's staff followed the policy procedures. Council Member Melendez asked Commissioner O'Neal where he obtained the pictures. Commissioner O'Neal stated that the pictures were obtained through Google Earth. Council Member Magee asked City Attorney Leibold if the City is on solid legal ground and if the landowner has vested rights to mine his property. City Attorney Leibold stated that she believes they do. Council Member Magee asked the City Attorney if she was familiar with the case of Hansen Bros vs. the County of Riverside. City Attorney Leibold stated that the Hansen Bros case stood for the position that vesting rights ran with the land. Council Member Magee stated that a deferral mitigation measure is not acceptable in this case. He asked the City Attorney why the biological mitigation measures is being deferred and how the City can comply with the California Environmental Quality Act (CEQA). City Attorney Leibold stated the project, for purposes of CEQA, is the reclamation plan and, if confirmed, that the mining operation is vested, the operator has the right to mine, so the only project before the City Council is the reclamation plan. She stated the reclamation plan's environment background describes the mining operation so that City Council can evaluate the adequacy of the reclamation activity. Council Member Magee stated the submitted photos which were provided showed illegal grading. Director Seumalo stated that staff has investigated the property and it appears that the road is graded for access. City Attorney Leibold stated that it is the City's position that there has been an identified mitigation measure and have identified the next step and that those mitigation measures are in compliance with CEQA. Mayor Pro Tern Hickman suggested refunding the $200 that Ms. Gallina and Ms. Tehrani had to pay. Mayor Pro Tern Hickman asked how long has the City been working on this mining project. City Attorney Leibold stated the City commenced work with the applicant in 2007. It was moved by Council Member Magee and seconded by Council Member Melendez to deny the two appeals and uphold the Planning Commission's decision and to refund $200 to Ms. Gallina and Ms. Tehrani; the motion passed unanimously. Regular City Council Minutes Meeting of March 13, 2012 Page 10 of 13 BUSINESS ITEMS) (9) Resolution in Support of the Eddie Eagle GunSafe Program Recommendations: It is recommended that the City Council approve and adopt Resolution No. 2012 -008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, IN SUPPORT OF THE EDDIE EAGLE GUNSAFE PROGRAM. City Clerk Bloom provided an overview of the item to Council. It was moved by Council Member Melendez and seconded by Council Member Weber to adopt Resolution No. 2012 -008 in support of the Eddie Eagle Gunsafe Program. [Successor Agency minutes continued on next page] Regular City Council Minutes Meeting of March 13, 2012 Page 11 of 13 SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE CONSENT CALENDAR (SA2) Warrant List dated February 28, 2012 Recommendation: It is recommended the City Council as Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Warrant List dated February 28, 2012. It was moved by Council Member Magee and seconded by Mayor Pro Tem Hickman to approve the Successor Agency Consent Calendar; the motion passed unanimously. BUSINESS ITEM(S) None. CONCLUSION There being no further business to come before the Successor Agency, Mayor Tisdale returned to the balance of the City Council Agenda at 9:24 p.m. [City Council minutes continued on next page] Regular City Council Minutes Meeting of March 13, 2012 Page 12 of 13 PUBLIC COMMENTS — NON - AGENIZED ITEMS — 3 MINUTES Nadine Hays spoke in rebuttal to the City Council's comments regarding the termination of City Manager Brady's contract. CITY MANAGER COMMENTS Lake Elsinore Kids Outlets Presents: Story Time with the Lake Elsinore Library Wednesday, March 14 from 11:00 a.m. - Noon Lake Elsinore Outlets EWDC Luncheon- Southwest Healthcare System CEO Presents The State of Healthcare in Southwest CA on Thursday, March 15 from 11:30 a.m. — 1:30 p.m. The Diamond Club @ Diamond Stadium Lake Elsinore Kids Outlets Presents: St. Patrick's Day Teddy Bears Friday, March 16 from 11:00 a.m. - Noon Lake Elsinore Outlets Lake Elsinore Kids Outlets Presents: Story Time with the Lake Elsinore Library Wednesday, March 21 from 11:00 a.m. — Noon Lake Elsinore Outlets Business Networking Mixer Hosted by Flour Fusion Thursday, March 22 from 5:30 p.m. — 7:30 p.m. Flour Fusion Bakery 7th Annual TIP Golf Tournament Friday, March 23 from 11:00 a.m. — 6:30 p.m. The Links at Summerly CITY ATTORNEY COMMENTS • She wished Mr. Brady the best of luck in his future ventures. • She advised Pat Kilroy, Interim City Manager that she would be available and looks forward to working with him and the City Council on the efforts on selecting a new City Manager. CITY COUNCIL COMMENTS Council Member Magee commented on the following: He thanked Mr. Kilroy for stepping up as Interim City Manager. • He thanked City staff and reminded them that now is the time to come together and continue to move forward. • He reminded everyone to have a safe St. Patrick's day. Regular City Council Minutes Meeting of March 13, 2012 Page 13 of 13 Council Member Weber commented on the following: • He thanked Interim City Manager Kilroy for stepping forward. • He stated that he looks forward to seeing more signage welcoming visitors into the City. Council Member Melendez commented on the followin • She expressed her gratitude to Mr. Brady for his many years of service to the community. • She thanked Mr. Kilroy for bravely taking the post of Interim City Manager. • She thanked everyone for attending the meeting and being respectful in voicing their opinions. Mayor Tisdale commented on the following_ • He thanked Pat Kilroy for taking the Interim City Manager position. • He thanked City staff for their hard work. • He thanked the public for attending the meeting. Mavor Pro Tem Hickman commented on the followin • He thanked Mr. Brady for the years of service he provided to the community. • He thanked the Elks Clubs for providing scholarships to City students. • He congratulated the Lake Elsinore High School Basketball Team for their accomplishments in the CIF. ADJOURNMENT Mayor Tisdale closed the meeting in memory of Steve Sasser, a local business owner. Mayor Tisdale adjourned the meeting at 9:32 p.m. to the next regular meeting to be held on Tuesday, March 27, 2012 in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. cv Brian Ti's-ale, Mayor City of Lake Elsinore ATTEST: Virginia loc)n-VCMC, City Clerk City 0 f Lae Elsinore