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HomeMy WebLinkAbout01-09-2207 City Council Minutes MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 9, 2007 **************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN (Councilmember Hickman arrived at 4:08 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resource Director Kilroy, City Engineer Seumalo, Information/Communications Manager Dennis and City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Information/Communications Manager Dennis. Agenda Item No._ Page 1 of 17 Page 2 - City Council Meeting Minutes - January 9, 2007 INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Information/Communications Manager Dennis, Chief of Police Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to Subdivision (c) of Gov't Code ~ 54956.9 (2 potential cases) B. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION - Initiation of litigation pursuant to Subdivision (b) of Gov't Code ~ 54956.9 (1 potential case) CLOSED SESSION REPORT 7:16:02 PM City Attorney Leibold announced that the City Council met in Closed Session to discuss 4 items. She noted that 3 of the items were previously identified on the agenda as indicated above, all involving anticipated litigation. She noted that 2 potential cases were discussed under subdivision "c" of Section 54956.9. She noted that there was no reportable action as to one of those items. She noted that the second item involved a discussion of County Tentative Tract Map Nos. 22626 and 22626-1. She noted that the City Council received a Preliminary Investigation conducted by staff and requested that staff continue to investigate and evaluate the Agenda Item No,_ Page 2 of 17 Page 3 - City Council Meeting Minutes - January 9, 2007 issues and directed staff to contact the interested parties. She noted that a third item, one potential case, under the same authority of Gov't Code Section 54956.9(c) was added that evening by a vote of 4-0 of the Council under the urgency provisions of the Brown Act, Section 54954.2. She noted that there was no reportable action on that item. She noted that the fourth and last item discussed was one case of anticipated litigation under the authority of Subdivision "b" of Section 54956.9. She noted one potential case was discussed and there was no reportable action. PRESENTATION/CEREMONIALS 7:05:30 PM A. Proclamation - Blood Bank of San Bernardino and Riverside Counties. Mayor Magee called Lynn Effmger forward to join him at the podium. Mayor Magee read and presented the Proclamation to Mr. Effinger. Mr. Effinger thanked Council for the Proclamation. He commented that his organization had been serving the area since 1951. He noted that they drew over 140,000 pints of blood last year. He noted 57 pints of blood were donated at the Lake Elsinore Elks Lodge. He noted that Lake Elsinore had played a very vital role in their success over the years. 7:09:15 PM B. Business of the Quarter. Mayor Magee called Gary Morris forward to join him at the podium. Mayor Magee noted that Mr. Morris was the owner ofMBC Constructors. He noted that they were a locally owned and operated business that had been in the City for more than 25 years providing sewer and water services to the growing valley. Mayor Magee thanked Mr. Morris for his contribution to the town and being a great benefactor to the City. Agenda Item No._ Page 3 of 17 Page 4 - City Council Meeting Minutes - January 9, 2007 7:10:56 PM C. Presentation -LEPD Volunteers of the Year. Mayor Magee called Chief of Police Fetherolf to join him at the podium. Chief of Police Fetherolf commented that in 1997 the Lake Elsinore Police Department implemented the Elsinore Valley Youth Court Diversion Program. He noted that the Youth Court Program is a crime diversion program for pre-delinquent youth. He described the Youth Court Program in further detail. Chief of Police Fetherolf noted that Youth Court would not be successful without the numerous volunteers. He noted that there were a number of volunteers who would be sharing the honor of "Volunteer of the Year" for the Lake Elsinore Police Department in 2006. Chief of Police Fetherolf noted that the volunteers he was honoring were Cal Crosby, Mike Lewis, Mary Marquez, Brad Curtis, Danine Diaz, Tim Hodges, Deputy District Attorney Raquel Marquez and Code Enforcement Officer Shawn Slater. He presented the Volunteers of the Year for the Lake Elsinore Police Department. He noted that Deputy District Attorney Raquel Marquez and Code Enforcement Officer Shawn Slater were not present. Chief of Police Fetherolf asked Mayor Magee to join him at the podium. He noted that the Mayor and City Council had been very supportive of the Youth Court program. He noted that the Council had deeply invested in the futures of the City's at-risk youth. He presented a plaque to the Council for their support and contribution. Mayor Magee thanked the volunteers for giving back to the community. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE 7:17:28 PM Russ Bums noted that he was the Chairperson for the Lake Elsinore Historical Society Fire Engine Restoration Team. He inquired on getting Council's support in procuring a structure to put the City's first fire engine. He noted that the engine had been restored. Agenda Item No._ Page 4 of 17 Page 5 - City Council Meeting Minutes - January 9, 2007 Chris Hyland commented on the paving of Machado Street and Riverside Drive. She noted that she had been requesting for the past several years that the area be paved. She noted that she had documents that stated the County had dedicated to the City all of Grand Avenue from Machado Street to Riverside Drive. Barbara Anderson, NAACP, commented that the Council and the public were invited to attend the Lake Elsinore Southwest Riverside County NAACP 2nd Annual Dr. Martin Luther King Jr. Prayer Breakfast on January 15,2007 from 8:30 to 10:30 a.m. She noted that the event would be held at Diamond Stadium and tickets were on sale for $20 per person. She commented on last year's attendance. Ruth Atkins commented that the manner in which Time Warner was serving their customers was very poor. She noted that residents of Lake Elsinore deserved better treatment than they were being given. Rod Oshita, Fairway Commercial Partners, commented on the new landscape ordinance. He noted that he felt it would greatly benefit the City if the ordinance was reconsidered and discussed further with input from the local real estate community. Mario Fernandez commented that he had received notices to take his fences down around his property on 1010 Lakeshore Drive. He inquired on the procedure he needed to follow to contest what was being asked in the notice. Mayor Magee deferred Mr. Fernandez to Community Development Director Preisendanz. Dorothy Spiegelberg commented that Mr. Fernandez was her neighbor and that she had also received notices to take her fences down around her property. She commented that she did not have the money to remove her fencing. Mayor Magee deferred Ms. Spiegelberg to Community Development Director Preisendanz. Kim Cousins, Chamber of Commerce President, commented that the Chamber was holding their 58th annual Installation Dinner and Awards Ceremony. He noted that the event would be held January 2th at Pechanga Casino from 6 to 11 p.m. Agenda Item No,_ Page 5 of 17 Page 6 - City Council Meeting Minutes - January 9, 2007 CONSENT CALENDAR ITEMS 7:27:35 PM MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE THE CONSENT CALENDAR AS PRESENTED. Mayor Magee noted that one change was made to Item No. 10 regarding City Council Committee Appointments. He noted Councilmember Buckley would be substituting for Mayor Magee as the Animal Friends of the Valley liaison. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. 1. The following minutes were approved: a. Joint City Council/Redevelopment Agency Study Session - November 14, 2006. b. City Council Meeting - November 14,2006. c. Joint City Council/Redevelopment Agency Study Session - November 28, 2006. d. City Council Meeting - November 28, 2006. 2. Ratified Warrant List for December 15,2006. 3. Ratified Warrant List for December 29,2006. 4. Authorized the expenditure of $49,725 for the purchase of two full size pick up trucks as described in the staff report. 5. Approved Final Map No. 31920-2. Authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 31920-2. 6. Approved Final Map No. 31920-3. Authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 31920-3. Agenda Item Noo_ Page 6 of 17 Page 7 - City Council Meeting Minutes - January 9, 2007 7. Approved Final Map No. 31920-4. Authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 31920-4. 8. Approved Final Map No. 31920.-5. Authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 31920-5. 9. Approved Final Map No. 31920-6. Authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 31920-6. 10. Discussed and appointed representatives for Calendar Year 2007 to the appropriate Committees. 11. Authorized the City Manager, or a staff designee, to finalize the Lake Elsinore Codification Services, Design, Development and Hosting online in addition to a complete legal review of the Code RFP for public notice and distribution to codification vendors. 12. Adopt Resolution No. 2007-01 which names Mr. James R. Riley as an additional authorized signer for all Local Agency Investment Accounts held at the State of California. 13. Approved the Lease Agreement and Addendum No.1. Authorized the Mayor to execute the Lease Agreement. 14. Approved the Engineer's Report for Annexation No. 15 (Ridgestone Apartments) to LLMD No.1. Adopted Resolution No. 2007-02 of Intention to Annex into LLMD No.1. Scheduled a public hearing on the District Formation for February 13, 2007. 15. Received and filed the Annual Special Tax Levy Reports. Agenda Item No,_ Page 7 of! 7 Page 8 - City Council Meeting Minutes - January 9, 2007 16. Approved an additional $50,000 from the LLMD fund for the project. Awarded the contract to D&S Electric for $68,000. Authorized the Mayor to execute the contract with D&S Electric. 17. Approved Change Order No.2 for $99,618.92. Authorized the City Manager to execute Change Order No.2 with RJ. Noble Company. 18. Authorized the City Manager to enter into a contract with PDC to prepare the CEQA compliance documents for Tentative Tract Map No. 32537 and its associated cases in an amount not to exceed $34,562. PUBLIC HEARINGS None. BUSINESS ITEMS 7:28:20 PM 31. Cruise Night Reconsideration. Community Services Director Sapp commented on the item. He noted past discussions on the item. Mayor Magee inquired on the manner in which the businesses on Main Street were notified. Community Services Director Sapp noted that letters were hand delivered last week which notified them of that evening's Council meeting. Ruth Atkins read a statement from the President of the Downtown Merchant's Association. She read the statement into the record. The statement read that the Cruise Night had the support of 93 % of the businesses on Main Street. Agenda Item No._ Page 8 of17 Page 9 - City Council Meeting Minutes - January 9, 2007 Ms. Atkins noted that the Car Show benefited the merchants. She noted that the Historical Society enjoyed having the museum open during those kinds of events. Kim Cousins, Chamber of Commerce President, commented on a packet that he had provided to the Council. He commented on the number of cars and people that attend the event. Mayor Pro Tern Hickman commented if any consideration had been given for a Sunday auto show. Mr. Cousins commented that they could give consideration to holding the event on a Sunday. Mayor Pro Tern Hickman suggested moving it to the 4th Sunday of the month. Councilmember Schiffner commented that he thought he would hear from businesses on Main Street. He noted that they had not provided any information. He noted that there were no negative comments made that evening and that he would be in favor of continuing the car show. Councilmember Buckley commented that item had been discussed 6 times in the last 5 years. He commented on light during the summer hours. Mr. Cousins suggested addressing the matter again in December 2007. Councilmember Kelley commented that there was no one in attendance who was opposing. She noted that she would support the recommendation. She noted that she would like to see some data on the event. Councilmember Schiffner noted that he thought Council made it clear that they were willing to do the event on a temporary basis for 3 months. He noted that he thought they also made it clear that it would give the Council an opportunity to settle the question of whether or not the event was a good thing for downtown. He noted his disappointment with downtown businesses not showing up for the meeting and voicing whether or not they were in favor of the item. Agenda Item No,_ Page 9 of1? Page 10 - City Council Meeting Minutes - January 9, 2007 Mayor Pro Tern Hickman suggested doing the event from 2 to 5 p.m. on a Sunday in October and November. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO APPROVE THE CAR SHOW AND CLOSURE OF MAIN STREET AS PROVIDED BY THE MAP FROM THE CHAMBER OF COMMERCE. Mayor Magee suggested that the downtown merchants provide Council with some economic analysis that shows a benefit or a loss. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. 7:48:30 PM 32. Planning Commission Compensation. Community Development Director Preisendanz commented on the item. He noted that at the regular scheduled meeting on November 21,2006, the Planning Commission directed staff to prepare a resolution for Council consideration for an increase in the stipend amount paid to each Planning Commissioner. He noted that the Planning Commission also directed staff to include a request for an allowance and availability of health insurance benefits. He noted that the Planning Commission requested that their stipend increase from $50 per meeting to $100 per meeting. He noted that additionally the Planning Commission was also requesting a monthly allowance of$I,050 to be used toward health insurance benefits as allowed under the Public Retirement System. Michael O'Neal, Planning Commission Chairman, commented on the significance of the Planning Commission. He noted that the intention of the request was an attempt to establish a dialogue with Council about compensation. Councilmember Buckley inquired if any other jurisdictions provided benefits to Planning Commissioners. Community Development Director Preisendanz indicated that none of the surrounding jurisdictions provided benefits for their Planning Commission. Councilmember Buckley commented that every Commission did a lot more than what met the eye. He noted that he would be in support of allowing any Agenda Item No._ Page 10 of 17 Page 11- City Council Meeting Minutes - January 9, 2007 Commissioner to buy health insurance through the City. Councilmember Kelley commented on the compensation resolution. Community Development Director Preisendanz noted that the Planning Commission would only receive compensation for up to 3 meetings per month. He noted that the Commission would not receive compensation for study sessions. Councilmember Kelley noted that she would not be able to support giving them benefits. Mayor Pro Tern Hickman noted that the raise was well deserved. He inquired if the PSAC could be included for a pay raise. Councilmember Schiffner noted that the Commission did a good job. He noted that he was in support of increasing their stipend, but he was not in support of them receiving benefits. Mayor Magee noted that the Planning Commission had not had a pay increase in 23 years. He noted he was in support of increasing their stipend. He noted that he could not support providing them with health benefits. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO APPROVE THE PLANNING COMMISSION'S INCREASE IN COMPENSATION AND ALLOW FOR THE OPPORTUNITY FOR THE PLANNING COMMISSIONER'S TO PURCHASE HEALTH BENEFITS THROUGH THE CITY. Councilmember Buckley inquired if the motion would include the ability, if the Commissioner so chooses, to purchase health benefits through the City. City Attorney Leibold noted that she was not certain if that was a possibility. She noted that she would need to look into what the provisions were in regard to purchasing health benefits. Councilmember Schiffner noted that he had no objection to including that since it would not put any strain on the City. Agenda Item No,_ Page 11 of 17 Page 12 - City Council Meeting Minutes - January 9, 2007 Councilmember Kelley commented that she wanted to make sure that there was no obligation to the City. She noted that she would prefer that Council direct the City Attorney to bring the information back to Council and let the motion go without that additional item until Council receives additional information. Mayor Pro Tern Hickman directed the City Attorney to bring back information on giving an increase to the PSAC. COUNCILMEMBER KELLEY MADE THE FOLLOWING SUBSTITUTE MOTION: MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE PAY RAISE AND BE MUTE ON ANY BENEFIT FOR HEALTH INSURANCE, WHETHER PAID FOR BY THE COMMISSIONER OR BY THE CITY, AND DIRECT STAFF TO COME BACK WITH AN ANSWER AS TO WHETHER OR NOT A COMMISSIONER MAY PURCHASE AT HIS/HER OWN EXPENSE HEALTH BENEFITS UNDER THE CITY UMBRELLA, IN ADDITION DIRECT STAFF TO COME BACK WITH A RECOMMENDATION REGARDING POTENTIAL STIPENDS FOR THE PUBLIC SAFETY ADVISORY COMMISSION. 8:02:34 PM 33. 33rdYear CDBG Allocation. Community Services Director Sapp commented on the item. He noted that each City receives an allocation of Community Development Block Grant Funds on a per-capita basis from the Department of Urban Housing and Development. Community Services Director Sapp noted that the City's allocations were based on $200 thousand a year. He noted that 15% or $30 thousand could be used for social service programs. He noted that the balance of the 85% or $170 thousand could be allocated toward Public Works or Code Enforcement activities. Community Services Director Sapp noted that the City had received 8 applications before the filing deadline totaling over $281 thousand. He commented on staff's recommendations. Agenda Item No,_ Page 12 of 17 Page 13 - City Council Meeting Minutes - January 9, 2007 Councilmember Schiffner commented on the number of requests received. He noted that he would be in support of staff's recommendation. Mayor Pro Tern Hickman noted that he agreed with Councilmember Schiffner. He noted that it was the first time in 10 years that nothing went to the Senior Center. He requested $10 thousand out of the General Fund to be used toward the Senior Center. Councilmember Kelley commented that she would like to see an equal amount between HOPE and the Boys & Girls Club. She noted that she would support staff's recommendation. Mayor Magee suggested earmarking all the programs for the budget process. MOVED BY HICKMAN, SECONDED BY MAGEE TO ADOPT THE 33RD YEAR CDBG PROGRAM AND DIRECT STAFF TO SUBMIT TO THE COUNTY OF RIVERSIDE THE CITY'S APPROVED PROGRAMS. Councilmember Schiffner suggested asking Management to include an amount of money to allocate to various charities in the budget. Mayor Magee noted that under the City Council section of the budget, there was an area where the City Council had been consistently giving to philanthropic organizations. THE FOREGOING MOTION CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT. 8:10:08 PM 34. Travel request and pre authorization for City Delegation to attend Washington, D.C. Appropriations Meetings arranged by the Ferguson Group (Washington, D.C. Lobbying Services). City Manager Brady commented on the item. He noted that the recommendation was to go back to Washington, D.C. and send designated City representatives to try and get the City's share of funds. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO DESIGNATE CITY REPRESENTATIVES AND APPROVE TRAVEL PREAUTHORIZATION FOR WASHINGTON, D.C. APPROPRIATIONS MEETINGS SCHEDULED FOR FEBRUARY 2007. Agenda Item No._ Page 13 of 17 Page 14 - City Council Meeting Minutes - January 9, 2007 Councilmember Buckley inquired on the date of return. City Manager Brady confirmed that they would return on the ih. Mayor Magee commented on the item. He noted that during the 4 p.m. session, it was discussed that the meeting with the Ferguson Group would take place on the 6th. City Manager Brady commented on the budgeted amount. Councilmember Buckley inquired if part of the funding would come out of the RDA budget. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:15 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:18 P.M. PUBLIC COMMENT 8:18:16 PM Chris Hyland commented on safety hazards with RV's and boats being parked on streets. She commented on the new vehicle parking ordinance. She noted that she received a call that a resident was told by Code Enforcement that if the vehicle was moved 1 inch, the owner of the vehicle could keep it there for another 24 hours. She noted that there should be some consideration to changing the ordinance in regard to that matter. She noted that the City was in good financial standing and staff was doing a great job. She noted that she had hoped Council would take paving Grand Avenue into consideration. CITY MANAGER COMMENTS 8:20:55 PM City Manager Brady commented on the following: 1) Announced the Mid-year budget study session would be January 18th at 4 p.m. Agenda Item No,_ Page 14 of 17 Page 15 - City Council Meeting Minutes - January 9, 2007 CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS 8:21:37 PM City Treasurer Weber commented on the following: 1) Commented on the upcoming mid-year budget study session. He noted that there were some challenges that lied ahead. CITY COUNCIL COMMENTS 8:22:27 PM Mayor Pro Tern Hickman commented on the following: 1) Commented that the Martin Luther King Prayer Breakfast was Monday, January 15th from 8:30 to 10 a.m. at the Diamond Club. Commented on the Chamber of Commerce 58th annual Installation Dinner. 2) 3) Warned against a scam that was being circulated via e-mail that was requesting Social Security Numbers. 4) Thanked the Temescal Canyon High School Cheerleaders for adopting Senior Citizens over the holidays. 8:23:38 PM Councilmember Buckley commented on the following: 1) Noted that the Animal Shelter Joint Powers Authority Meeting was January 18th. He noted that it conflicted with the mid-year budget. He noted that he would do his best to try and attend the budget study session. Agenda Item No._ Page 15 of 17 Page 16 - City Council Meeting Minutes - January 9, 2007 8:24:50 PM Mayor Magee commented on the following: 1) Suggested that staff work with Mr. Bums for the fire engine restoration. 2) Requested that staff address Ms. Atkins' comments about Time Warner. He noted that he had received a lot of complaints about the level of service with Time Warner in regard to cable television and internet services. He suggested putting them on an agenda item so they can explain their level of service or lack thereof. 3) Commented on the change in landscape standards in industrial areas. He noted that he had been bombarded with complaints about the increase in the standards. He noted that staff would be having meeting with those individuals to discuss the ordinance. He noted that there may not have been an adequate amount of public outreach to the development community before the ordinance went forward. 4) Commented on Cruise Night. Noted that a way to get the economic benefit number would be to not agendize the item until those numbers are provided to staff. 5) Commented on the lack of baseball fields at Alberhill Ranch. He noted that staff indicated that soccer would be played in that area. He noted that he was reminded by the President of the Lake Elsinore Little League that baseball was still America's past time and that they were desperately short of fields. He requested that staff get together with the Little League and discuss the needs for the Little League, adult softball and for girl's softball. 6) Commented on the loss of President Ford. He noted that President Ford was a true patriot and served with kindness and dignity and helped the nation heal. Mayor Magee closed the meeting in honor of President Ford. The Regular City Council Meeting was adjourned at 8:28 p.m. Agenda Item No,_ Page 16 of 17 Page 17 - City Council Meeting Minutes - January 9, 2007 ,/7 i~{/Z ROBERT E. MAG E, MAYOR CITY OF LAKE ELSINORE RESPECTFULLY SUBMITTED: f n / Af'# c~ IJ~, "'--->>V fuv-p ~ I ,-/let MICHELLE SOTO, DEPU~Y CITY CLERK ~ ""'''' -,,-"'.. .-, ) . ".,................ \ - ~ -~/-"'f' )L .~......____..__..__..______~ C::f2--- FREDERICK RAY, CMC, CITY CLERK CITY OF LAKE ELSINORE Agenda Item No.._ Page 17 of 17