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HomeMy WebLinkAbout08-13-2013 City Council MinutesMINUTES CITY COUNCIL REGULAR MEETING CITY OF LAKE ELSINORE EVMWD BOARDROOM, 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 13, 2013 CITY COUNCIL CLOSED SESSION None CALL TO ORDER - 7:00 P.M. Mayor Magee called the meeting to order at 7:02 p.m. PLEDGE OF ALLEGIANCE Council Member Manos led the pledge of allegiance. ROLL CALL PRESENT: Mayor Magee Mayor Pro Tern Johnson Council Member Manos Council Member Tisdale ABSENT: Council Member Hickman Also present: City Manager Yates, City Attorney Leibold, City Clerk Bloom, Administrative Services Director Riley, Community Development Director Taylor, Planning Manager MacHott, Lake, Parks, and Recreation Director Kilroy, Public Works Director Seumalo, Police Chief Kennedy- Smith, Fire Chief Barr, Management Analyst Dailey, and Deputy City Clerk Gutierrez. CLOSED SESSION REPORT None PRESENTATIONS / CEREMONIALS Update on Falls Fire by City Fire Chief Introduction of new City Police Lt. David Knudson Regular City Council Minutes Page 2 of 14 Meeting of August 13, 2013 Fire Chief Barr provided a chronology of the Fall Fire, an overview of the resource management and assignments, and costs incurred. Chief Barr also gave an account of the evacuations and resources for structure defense at Lakeland Village. Mayor Magee expressed his gratitude to Chief Barr and all firefighters on behalf of the citizens of the valley. Peter Lent, Deputy Director of OES (Office of Emergency Services), informed Council that geologists from Caltrans, Riverside County and the National Forest will assess the flood areas for debris flow during the rainy season and keep the City informed of their findings. Council Member Manos expressed his concerns of how the mud flow would affect the quality of the lake water and asked if that is something that can be mitigated. Mr. Lent responded that the water district will also be part of the team to look at what mitigations can be implemented. Mayor Magee recognized the efforts and good work of Caltrans and Director Basem Muallen for their prompt response to the Falls Fire before the fire was contained and for opening the Ortega Road within a week of the fire. Chief Kennedy -Smith introduced new City Police Lieutenants Knudson and Hall to the Council and the community. PUBLIC COMMENTS — NON- AGENDIZED ITEMS — 1 MINUTE Lindsey Collin introduced Gravity X Dance Studio in the City of Lake Elsinore and announced their enrollment for classes and workshops offered at the dance studio. Mayor Magee announced Consent Item Nos. 3, 5, 7, and 9 to be pulled from the Consent Calendar for discussion. CONSENT CALENDAR (1) Approval of Minutes Recommendation: It is recommended that the City Council approve the Minutes of the Regular City Council Meeting of July 23, 2013. (2) Warrant List dated July 25 2013 Recommendation: It is recommended that the City Council receive and file the Warrant list dated July 25, 2013. (4) Residential Design Review No 2013 -03 - A Request by Ryland Homes for Approval of Building Designs for 106 Single - Family Detached Residential Units Including a Model Home Complex and Related Improvements for a Housing Project Located Within the Summerly Development of the East Lake Specific Plan Regular City Council Minutes Page 3 of 14 Meeting of August 13, 2013 Recommendation: It is recommended that the City Council: (A)Adopt Resolution No. 2013 -050 A Resolution of the City Council of the City of Lake Elsinore Adopting Findings that the Project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP); and (B)Adopt Resolution No. 2013 -051 A Resolution of the City Council of the City of Lake Elsinore Approving Residential Design Review No. 2013 -03, based on the Findings and Exhibits, and subject to the attached Conditions of Approval. (6) Location of Country Club Heights Survey Benchmarks Contract Award Recommendation: It is recommended that the City Council: (A) Award the professional contract to KDM Meridian in the amount of $35,000 for the replacement of survey benchmarks in Country Club Heights area; and (B)Authorize the Mayor to execute the contract with KDM Meridian. (8) City Protect No 4375 Speed Reader /Feedback Signs Program Supplement Agreement No N007 to Administering Agency -State Agreement No. 08 -5074R for Federal Aid Proiects Recommendation: It is recommended that the City Council: (A) Adopt Resolution No. 2013 -053 approving and authorizing execution of the Federal Safe Routes to School (SRTSL- 5074(014)) Program Supplement Agreement No.N007 to Administering Agency -State Agreement No. 08 -5074R and all subsequent SRTSL- 5074(014) project specific Program Supplements; (B) Authorize the City Manager to sign SRTSL- 5074(014) Program Supplement No. N007 and all subsequent SRTSL- 5074(014) project specific Program Supplement Agreements; and (C) Authorize the City Clerk to return the signed agreement, in duplicate, to Caltrans Office of Local Programs for execution. Motion by Council Member Manos, seconded by Mayor Pro Tern Johnson to approve the Consent Calendar, less Agenda Item Nos. 3, 5, 7, and 9; passed by unanimous vote. CONSENT ITEMS PULLED (3) Industrial Design Review No. 2013 -01 — A Request for a 7,500 Square foot Warehouse /Manufacturing Building Addition and Associated Improvements to an Existing Industrial Building Located at 403 Minthorn Street. Recommendation: It is recommended that the City Council adopt Resolution No. 2013 -049 A Resolution of the City Council of the City of Lake Elsinore, California. Regular City Council Minutes Meeting of August 13, 2013 Page 4 of 14 Approving Industrial Design Review No. 2013 -01; A Request to Add a 7,500 Square - Foot Addition to the Existing Thermal Electronics, Inc. Industrial Building Located at 403 Minthorn Street. Council Member Manos asked regarding the amendment of the word "shall" to "may" for Condition of Approval No. 69. Planning Manager MacHott explained that the applicant had an option of either constructing the improvements on Collier Avenue or may pay in lieu fees. Council Member Manos asked if there would be any street closures during the curb and sidewalk improvements. Public Works Director Seumalo responded that Collier Avenue will have significant traffic control to allow two -way traffic. Council Member Manos asked if the applicant is going to provide jobs. City Manager Yates responded that the business is an aero defense contractor that has back orders and will be hiring new employees. City Manager Yates also advised that staff will be taking the City's Economic Development subcommittee on a business retention visit to better understand if the company will be hiring short or long term. Motion by Council Member Manos, seconded by Council Member Tisdale, to adopt Resolution No. 2013 -049 a Resolution of the City Council of the City of Lake Elsinore, California approving Industrial Design Review No. 2013 -01; a Request to add a 7,500 square -foot addition to the existing Thermal Electronics, Inc. industrial building located at 403 Minthorn Street; passed by unanimous vote. (5) Community Facilities District No. 2005 -2 (Alberhill Ranch) Improvement Area B: Altering the Rate and Method of Apportionment of Special Taxes and Reducing Maximum Bond Authorization Recommendation: It is recommended that the City Council adopt Resolution No. 2013 -052 of Consideration to alter the rate and method of apportionment of an existing special tax relating to Improvement Area B of City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch). Administrative Director Riley provided an overview to Council. City Clerk Bloom read for the record email correspondence received on this item from Ms. Gallina and Ms. Tehrani. Sharon Gallina, resident, stated that she bought her home in 2005 in Alberhill Ranch and that on August 9th it was brought to her attention that Castle & Cooke were requesting a bond to reduce the Community Facilities District taxes for Area B. She stated that Alberhill residents are upset because their commitment to purchase a home in the Alberhill Ranch CFD extends back to 2005. Ms. Gallina stated the tax assessment disclosure states that all perspective purchases in CFD 2005 A, B, and C would have to pay the same Mello -Roos taxes. She offered that if the taxes in area B are reduced, then who is going to want to buy her home. Paulie Tehrani, resident, stated that she lives on Ash Street in CFD 2005 -A and would like to see Council wait on this matter since the housing market is climbing. She stated that houses are selling and the values of their homes are increasing therefore, if the City waits the bonds will be higher and closer to what they are presently paying for CFD 2005 -A which is 2.86 %. Ms. Tehrani stated that the proposed lower assessments will be a 62% less from what she is currently paying and the new homeowners will have full access to the same facilities. She asked if there will be money to complete the improvements they were promised when she Regular City Council Minutes Page 5 of 14 Meeting of August 13, 2013 purchased her home. Ms. Tehrani implored Council to table Agenda Item No. 5 to a later date and take into consideration what Council can do to help home owners that will be affected. Mayor Magee asked if this was a discretionary action. Danny Kim, Bond Counsel with Norton, Rose, and Fulbright, responded that action on this item is discretionary. Mayor Magee stated Council could deny, table, or approve the Resolution. Mr. Kim concurred with Mayor Magee. Tom Tomlinson, representative of Castle & Cooke stated that he did not understand how lowering the tax rate would devalue the homeowner's house. He stated Castle & Cooke is trying to get the tax rate aligned with the current housing market and with what people can afford. Mr. Tomlinson stated if the property values go up there will be more bond capital available. He also stated that by lowering the bond rate they have more money for the improvements from the home and lot sales. Mr. Tomlinson said that Castle & Cooke feels it is a better situation to have a lower tax rate. Mayor Magee asked about Castle & Cooke's existing customers that have already purchased homes. There is a reduction table that shows that new home buyers would be paying significantly less tax rate. Mr. Tomlinson concurred with Mayor Magee and offered that homes that were bought in a different market and time, and the values did dropped. The portion that goes against the CFD is fixed and so the overall percentage is higher. Mayor Magee stated that as a decision Council struggles with what they see as a potential penalty to Castle & Cooke's existing customers and City constituents. Mayor Magee pointed out that Lake Elsinore is the fastest growing city in the county and third fastest growing city in the state and yet Castle & Cooke is not building anything. Mr. Tomlinson stated that there is a different philosophy at. Castle & Cooke's corporate office on whether or not they will be building or selling lots. Mayor Magee stated that the City does not have an answer from Castle & Cooke regarding the schedule of improvements which are significant to the community and those that are 5 to 10 years away. Mr. Tomlinson stated that it depends on how quickly the projects are built out. Mayor Pro Tem Johnson stated that the tax rate in Area B is being reduced to make it in line to be affordable. Mr. Tomlinson stated that there is an industry-wide move to try to reduce CFD taxes on developments. He stated that there is a change in their industry that has changed how things are approved and what builders can actually pay for. Mayor Pro Tem Johnson stated she heard Mr. Tomlinson say that Ryland Homes are selling at the same tax rate. Mr. Tomlinson responded in affirmative. Mayor Pro Tem Johnson asked what is the purpose of lower the tax rate if they are selling at the higher tax rate. He answered that Castle & Cooke want to lower the overall tax rate on the development. Mayor Pro Tem Johnson stated that Council heard from constituents that this would decrease the value of their homes, and asked why would we lower the tax rate in Area B and keep Area A at a higher tax rate; and asked what benefit does it have for the homeowners to stay. Mr. Tomlinson replied that the existing property owners bought at a certain price and tax rate, however no one would have anticipated house values being cut in half. Council Member Manos stated the perception is that there is a win or loss for the developer, however the improvements don't change, just the method of how they are financed. Council Member Manos expressed his dislike for CFDs because they mask the true cost of home ownerships. It is his opinion that this is a solid request by the developer because it creates transparency for the true cost of homeownership for future homebuyers in that area. Regular City Council Minutes Page 6 of 14 Meeting of August 13, 2013 Council Member Manos expressed that if there is a way to reduce the CFD tax rates for the new homeowners, he is in favor of it. Council Member Tisdale asked why Area C was not included in this request. Mr. Tomlinson responded that it was the consultant's suggestion to look at Area C at a later time. Council Member Tisdale stated that by lowering the tax rate, does this mean there is potential to build there. Mr. Tomlinson replied by lowering the tax rate it encourages builders to come and build. Council Member Tisdale stated that this item requires a public hearing and participation of the property owners and asked who the property owners are. Administrative Services Director Riley responded that Castle & Cooke is the only property owner. Council Member Tisdale asked Administrative Director Riley where Area A falls in review of the City's CFDs for refunding. Director Riley responded that he asked Mr. Gunn, the City's financial consultant, and unfortunately because of the change in bond rates in recent months the homeowners are actually paying a better rate now as opposed to a refunding. Council Member Manos asked if there was a disproportion to allocations for improvements in Area A. Administrative Director Riley stated that it was his understanding that homeowners in Area A did not pay more as it was equally split over the three (3) areas and the maximum special taxes and bonded indebtedness was established for each improvement area at that time. Council Member Manos asked if by reducing the tax rate in Area A, does it not create a burden or potential increase in cost in Area A. Director Riley responded in the affirmative and stated that it is separate bond issue for that area. Mayor Magee, expressed his concern that he did not understand the impacts on the existing homeowners and the roadway improvement that the City was promised. He asked why Area A can't be added to this refinance. Danny Kim explained that Area A has already issued bonds and so there are bond owners that were promised that the CFD would be levying taxes at a certain rate. He added that once you start reducing that security for the bond holder then you are subjecting yourself to an action by the bond holders for impairing their rights under the bond documents. That is the reason why they are hamstrung from being able to modify the improvement Area A taxes. Motion by Council Member Tisdale, seconded by Mayor Magee, to table this item to February 2014 with direction to staff to address the impacts on the existing homeowners and the timing of the significant infrastructure of the entire area; passed by a vote of 3 -1 with Council Member Manos opposing. (7) Annual Slurry Seal Program Summerhill Drive from Canyon Estates to Via De La Valle Project No. 4391 Recommendation: It is recommended that the City Council Award the Annual Slurry Seal Program for Summerhill Drive (Canyon Estates Drive to Via De La Valle) to Pavement Coating Company in the amount of $213,932.00 with a 10% contingency. Council Member Tisdale stated that the original cost for this project is $470,000 and the bid came in at $213,932. Public Works Director Seumalo affirmed. Council Member Tisdale asked what the City is going do with the savings. Public Works Director Seumalo responded that there are several requests for road improvements that staff is currently evaluating. Council Regular City Council Minutes Page 7 of 14 Meeting of August 13, 2013 Member Tisdale stated it is good news when the City saves money and the costs of projects are less than anticipated. Motion by Council Member Tisdale, seconded by Council Member Manos, to award the Annual Slurry Seal Program for Summerhill Drive (Canyon Estates Drive to Via De La Valle) to Pavement Coating Company in the amount of $213,932.00 with a 10% contingency; passed by a unanimous vote. (9) Award of Contract to Bucknam & Associates for Pavement Management Program Recommendation: It is recommended that the City Council authorize the City Manager to execute a three year service contract (including annual reviews by staff and approval by City Council) with Bucknam & Associates for pavement condition and preservation recommendations. Council Member Manos stated that this company has had a contract with the City for three (3) years and he has never seen a report. Council Member Manos asked what type of service the company provided. Public Works Director Seumalo responded that they provide a status report of street conditions and maintenance recommendations. He added that the lack of funding and the deferring of maintenance only expands the costs. Council Member Manos asked for a copy of the report. City Manager Yates pointed out that staff has been focusing on paving dirt roads for the last five (5) years and that it is planned to bring a detailed plan on all the slurry seals and road improvement programs in the next few months. Motion by Council Member Manos, seconded by Council Member Tisdale, to authorize the City Manager to execute a three year service contract (including annual reviews by staff and approval by City Council) with Bucknam & Associates for pavement condition and preservation recommendations; passed by a unanimous vote. Zll341 :1_4_1NIKCIK (10) Specific Plan Amendment No 2013 -02 — The Tenth Amendment to the East Lake Specific Plan to (1) Change the Land Use Designation of Planning Area 46 From Open Space to Residential -1 Which Allows Up to 6 Dwelling Units Per Acre. The Total Number of Residential Units in the Approved East Lake Specific Plan Will Not Change: and (2) to Amend the Design Review Process to Designate the Planning Commission as the Final Decision -Maker on Residential Design Review Projects. Revision to Tentative Tract Map No. 31920 — Consistent With the Proposed Specific Plan Amendment change in the Land Use Designation of Planning Area 46 from Open Space to Residential -1 which allows up to 6 Dwelling Units Per Acre: a Revision to Tentative Tract Map No 31920 is Proposed to Create 17 Single - Familv Residential Lots. Environmental Clearance for the Protects are Provided by the Final EIR for the East Lake Specific Plan, in Conformance with the California Environmental Quality Act (CEQA Regular City Council Minutes Page 8 of 14 Meeting of August 13, 2013 Recommendation: It is recommended that the City Council: (A) Waive further reading and introduce by title only Ordinance No. 2013- 1316AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING SPECIFIC PLAN AMENDMENT NO. 2013 -02, AMENDMENT NO. 10, TO THE EAST LAKE SPECIFIC PLAN, by roll call vote; (B) Adopt Resolution No. 2013 -055 Resolution of the City Council of the City of Lake Elsinore Approving a Revision to Tentative Tract Map No. 31920, subject to the recommended Conditions of Approval. Mayor Magee opened public hearing at 8:06 p.m. Planning Manager MacHott provided an overview to Council. There being no speakers, Mayor Magee closed the public hearing at 8:11 p.m. Council Member Tisdale moved staffs recommendation, which was seconded by Council Member Manos. Mayor Magee expressed his concern about designating the Planning Commission as the final decision -maker of the Residential Design Review process. He asked City Attorney Leibold if the City could implement a mechanism that advises the City Council that an action has been taken by the Planning Commission and that Council have an opportunity of appeal. City Attorney Leibold responded that there are a number of ways Council could go about it; Council could impose a provision that allows for.the Planning Commission to take action and then City Council have a 'receive and file" on its Consent Calendar and in the event that Council wants to hear the item it would schedule the item for a hearing for the following Council meeting. Another option is that Council can keep the existing process where design review comes to Council or it could adopt a ministerial administrative process where staff notifies the Council after every Planning Commission meeting of the actions taken. Council Member Manos noted that all utilities to be placed underground except for power lines over 12,000 KV. Public Works Director Seumalo responded that the limit of 34.5 KV is not permitted underground. Mayor Magee stated that he still did not have resolution on the safeguard of having staff advise Council and that it has not worked in the past. He asked if having the Design Review come to the Council as a 'receive and file' would delay the applicant an extra two or three weeks. City Attorney Leibold responded that it could delay the applicant and although the item would be presented as a Consent Calendar item and not a public hearing, the 'receive and file' process would allow for a second meeting to 'consider" the matter if the Council requested review. The process has the potential to cause further delay and does not provide for final action by the Planning Commission which is what the applicant has requested. Mayor Magee stated that the City has an excellent Planning Commission at the present time, but it does not mean that the Planning Commission will always stay the same. Mayor Magee stated that he would feel more comfortable with safeguards in place and asked to Regular City Council Minutes Page 9 of 14 Meeting of August 13, 2013 amend the motion to include all items approved by the Planning Commission to come as a "receive and file" to the City Council and the City Council can appeal for the Design Review. Council Member Tisdale moved, and Council Member Manos seconded, to waive further reading and introduce by title only Ordinance No. 2013 -1316; and to include all items approved by the Planning Commission to come as "received and file" to the City Council and the City Council can appeal the Design Review. City Clerk Bloom read Ordinance No 2013 -1316 by title and upon a roll call vote, the motion passed unanimously. Council Member Manos moved, and seconded by Mayor Pro Tem Johnson, to adopt Resolution No. 2013 -055 a Resolution of the City Council of the City of Lake Elsinore approving a revision to Tentative Tract Map No. 31920, subject to the recommended Conditions of Approval; passed by a unanimous vote. (11) Resolution of the City Council of the City of Lake Elsinore, California, Establishing Underground Utility District No 3 Lakeshore Drive from Mohr Street to Chanev Street Recommendation: It is recommended that the City Council adopt the Resolution No. 2013 -054 Resolution of the City Council of the City of Lake Elsinore, California, declaring the formation of Underground Utility District No. 3, Lakeshore Drive from Mohr Street to Chaney Street, and ordering removal and undergrounding of poles, overhead wires, and associated overhead structures. Mayor Magee opened the public hearing at 8:17 p.m. Public Works Director Seumalo presented an overview to City Council. There being no speakers, Mayor Magee closed the public hearing at 8:19 p.m. Council Member Manos moved, seconded by Council Member Tisdale, to adopt Resolution No. 2013 -054; motion passed by a unanimous vote. Mayor Pro Tern Johnson stated that the staff report provides an estimated cost of the project however the project will not start until 2015, does staff anticipate there being enough money for the project. Public Works Director Seumalo responded that staff has had this discussion with the City's Edison representative and feels confident. APPEAL(S) 10 rem BUSINESS ITEMS) (12) Lake Use Fees for Motorized and Non - Motorized Vessels Recommendation: It is recommended that the City Council authorize a temporary waiver of Lake Use fees for non - motorized vessels that are not required to be Regular City Council Minutes Meeting of August 13, 2013 Page 10 of 14 registered by the Department of Motor Vehicles, effective immediately and terminating December 31, 2013. Lake, Parks, and Recreation Director Kilroy provided an overview to City Council. Council Member Manos asked if the City could eliminate the fee permanently. Director Kilroy responded that it may come to that when the rest of the lake use fees are presented to Council, however this is the quickest way to grant relief while staff conducts research on fees. Mayor Pro Tern Johnson stated that the residents need to be informed that the non - motorized vessels can be launched for free from the public beach. Council Member Tisdale stated that he was fine with the City residents using the lake for free, but that a lot of people that do not live in the City or pay taxes visit the lake. He stated there should be special consideration for City residents. Mayor Magee thanked Director Kilroy for his work. Mayor Magee also stated that he has received a number of complaints this season from people that just want to use a paddle board and were charged a fee and that he did not see that as reasonable. He shared the concerns that visitors should pay a fee, so that the City can maintain its lake and parks. Mayor Magee stated that one way might be to have staff look into what it takes for the City to permit its own gas dock as there is no place to legally fuel up anywhere within the lake perimeter. If staff we could find a way to permit a gas dock, the City could capture that revenue. Council Member Manos moved, seconded by Mayor Pro Tern Johnson, to authorize a temporary waiver of Lake Use fees for non - motorized vessels that are not required to be registered by the Department of Motor Vehicles, effective immediately and terminating December 31, 2013; passed by a unanimous vote. (13) Ordinance Amending Chapter 2.46 of the Lake Elsinore Municipal Code Regarding Public Safety Advisory Commission; and Recruitment for the Public Safety Advisory Commission Recommendation: It is recommended that the City Council take the following actions in regards to the Public Safety Advisory Commission: (A) Waive further reading and introduce by title only Ordinance No. 2013 - 1317AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.46 PUBLIC SAFETY ADVISORY COMMISSION; and (B) Review the proposed timeline and direct staff to complete the recruitment to fill existing vacancies on the Commission. Regular City Council Minutes Page 11 of 14 Meeting of August 13, 2013 City Manager Yates presented an overview to City Council. Management Analyst Dailey provided an overview of the proposed recruitment and timeline for the appointments to the Public Safety Advisory Commission. Mayor Magee asked if the applicants who have already applied will continue to be considered during this recruitment process. Management Assistant Dailey responded in the affirmative. Chris Hyland, resident, questioned the objective and need for the Public Safety Advisory Commission. She also questioned the Commission Members' education and training to address public safety issues and felt that those issues should be overseen by the Engineering Department or Police Department. Ms. Hyland also stated that none of her public safety concerns have been brought forth for the betterment of the citizens in Lake Elsinore. Lastly, Ms. Hyland expressed her opinion to disband the Public Safety Advisory Commission. Council Member Manos stated that it was good for the community to access ways to improve City committees and commissions. He noticed in the revised ordinance Section 2.46.060 (b) and (c) was no mention of lake safety; however, under section (d) PSAC is being asked to reach out to organizations. Council Member Manos asked to add lake safety to the scope for PSAC. He commented that PSAC has been fairly productive during the past eight (8) years and noted good ideas that were implemented. Council Member Manos liked the regular casual dialog between the public and PSAC which was conducive to good ideas such as CERT; the Life Jacket Program, See Click Fix, High Speed Zone Ordinance; loud party ordinance; restricted RV; hotel age check ordinance; panhandling ordinance; newspaper box ordinance; traffic, graffiti ordinance; vicious dog ordinance, and helped reestablished the multi - family crime free housing. Council Member Manos stated that the Commission is valuable and productive and is in favor of maintaining the Commission. He asked that lake safety and CERT oversight be added to the Ordinance. Council Member Tisdale stated that when he came on the Council in 2010 the PSAC was on hiatus for 18 months and Council brought the Commission back. There were some boat dock issues. Council Member Tisdale stated that when he went to Lakeland Village to address the boat dock issues however he did not remember any PSAC Commissioners present to address safety issues on the Lake while he took a tongue lashing from Lakeland Village residents. Council Member Tisdale noted inconsistencies, grammatical errors, and conflicting verbiage throughout the ordinance. He had a problem with the recommendation regarding the PSAC's role in the disaster plan preparedness and crisis management and stated that these functions require special training and that Commissioners who are not trained and certified in or understand NIMS, shouldn't be providing recommendations to disaster preparedness. This function should be addressed by experts and presented to the City Council. Lastly, he asked the City Manager to evaluate whether he believes that PSAC can really serve a purpose. Council Member Tisdale stated that he attended PSAC meetings and saw Commissioners badger staff by trying to test law enforcement, Fire safety, and direct Parks and Lake personnel to do things. That is not the purpose of the Regular City Council Minutes Page 12 of 14 Meeting of August 13, 2013 PSAC and he is glad that this ordinance will more clearly define the Commissioners' roles. He does not want another Commission that is going to take more time away from limited staff or too much time at meetings. During the time of the PSAC hiatus, he did not receive a lot of emails that indicated there were any problems in the City. He pointed out speeding issues on Lake Street, but that issue was addressed by Public Works Director Seumalo. He wants a commission that makes sense and not to cause hate and discontent. Mayor Pro Tern Johnson pointed out a statement in Section 2.46.060 (i) as confusing because it talks about hearing the citizens' complaints but then it relates to traffic. She thinks that the City Council members have addressed that there should be more areas within the scope of the PSAC and that if the PSAC is going to hear from our citizens it should not just be traffic related concerns. She wants to underscore the bottom line to staff to make sure that the section regarding citizen complaints should say "designated by the City Manager or report back to citizens within a reasonable time period." She thinks that is the key element to what citizens have expressed to Council. Mayor Pro Tern Johnson asked for clarification of Section 2. Lastly, she asked that consistent language be added to 2.46.060 (A) and throughout the entire ordinance. Mayor Magee recommended that this item be continued off calendar. He agreed with Council Members Manos' suggestion to add lake safety as part of the PSAC oversight. Mayor Magee expressed that he did not want CERT oversight by the Commission. He also agreed with Council Member Tisdale and Mayor Pro Tern Johnson. A year and half ago there was a study session where Council mandated that PSAC report quarterly to the City Council and they failed to do that; that mandate also needs to be included in the Ordinance. Regardless of whether it is a written or verbal presentation, there needs to be accountability and the Commission needs to come in front of the Council to explain what it is doing and why. When PSAC was approved in 2004 there was a feeling of disenfranchisement between certain elements in the community and law enforcement. Mayor Magee spoke about a shooting on his street that his son witnessed and that it took 40 minutes for a police officer to show up at the scene. Mayor Magee stated that the City has dedicated resources to improve public safety and has driven down every category of criminal behavior over the last decade. Council has made public safety its number one priority. The PSAC has been on the books for 20 years through 2010 and it did some outstanding work. This is the opportunity to refocus and give clear direction. Mayor Magee moved, which was seconded by Council Member Tisdale, that staff consider all the input received tonight, continue this item off calendar and bring this item back to Council when the document is ready to be approved by this Council. Mayor Pro Tern Johnson is concerned that by taking this item off calendar would delay the recruitment process and asked how much longer the process be delayed. City Manager Yates responded that staff can have this item back in 30 days, and the Commission can still start in November or December of this year. Staff has clear direction to rewrite the Ordinance and will rewrite the correct Ordinance with all of Council's comments incorporated. Regular City Council Minutes Page 13 of 14 Meeting of August 13, 2013 The motion passed by unanimous vote. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Julian Suarez addressed Council on behalf of the residents on Larson Road regarding a gate located at the end of a trail on Larson Road. Mr. Suarez reported that this past year there have been various incidents of loitering and pedestrian traffic on their street and there has been an increase of graffiti and theft. He also spoke about a murder in which the suspect escaped through the gate because it has public access. The residents are requesting that the gate be closed by the City. CITY MANAGER COMMENTS None. CITY ATTORNEY COMMENTS None CITY COUNCIL COMMENTS Council Member Manos thanked the Commissioners that served on the PSAC for the past eight (8) years. They are volunteers that gave their time and he appreciates what they have done for the City. Council Member Manos stated that he had the opportunity to survey damages caused by the Fall Fire and thanked Cal Fire, police, Forestry Service, American Red Cross, Supervisor Kevin Jeffries, City staff, and colleges. Lastly, he thanked the construction crew that worked on getting the Ortega Road open a week ahead of time. Council Member Manos also acknowledged City of Temecula, Mayor Naggar and City of Canyon Lake, City Manager Harrington for offering their support. He reminded the public to stay vigilant about fire safety and disaster preparedness. Council Member Tisdale welcomed the new police Lieutenants Knudson and Hall. He stated that Cal Fire always does an excellent job and makes sure that the residents are well protected. He also thanked Police Chief Kennedy -Smith and staff. Mayor Pro Tern Johnson congratulated both Lieutenants Knudson and Hall and congratulated Lieutenant Anne on his new assignment. She announced a Franchise workshop on Thursday, August 15th at Storm Stadium from 11:30 a.m. to 1:30 p.m. She also spoke about the emails that she received from an animal advocate petition for "California Stop the Great Bull Run." She offered that there is no special event permit on file. She offered that communication should be filtered through Bruce Keeton who will help the public understand where the Lake Elsinore motor cross stands and where the event is scheduled to be held. Mayor Pro Tern Johnson announced Jersey Mike's ribbon cutting ceremony. That franchise was a collaboration between the Chamber of Commerce and City of Lake Elsinore. She invited the public to visit the Jersey Mikes. Mayor Pro Tem Johnson spoke about the Fall Fire and was impressed by how rapidly staff responded and activated the Emergency Operation Center (EOC) activated. She reminded the public to have their families prepared for these types of situations. Regular City Council Minutes Page 14 of 14 Meeting of August 13, 2013 Mayor Magee thanked CERT team members; Trauma Intervention Counseling staff that worked with people who were evacuated; and Animal Friends of the Valley for opening an emergency animal shelter. He also stated that a local business owner showed up with 100 cheese burgers for the volunteers. Mayor Magee also spoke about the verbal and written abuse received from the public for not being aggressive enough with Caltrans in getting the roadway open. Staff will debrief from this emergency and improve. This Council recently approved an insurance policy to covers the City's wild land fire areas, so the City is covered. Mayor Magee also reported that the City has added three (3) fire stations over the course of ten (10) years. Any thought of reducing fire protection services capabilities in this county is not a prudent course of action and urged everyone to stay the course. ADJOURNMENT Mayor Magee adjourned this meeting at 9:04 p.m. to the next regularly scheduled meeting to be held on Tuesday, August 27, 2013. The regular Closed Session meeting will be held at 5:00 p.m. at City Hall and the regular Public meeting will be held at 7:00 p.m. at the Elsinore Valley Municipal Water District (EVMWDI Boardroom located at 31315 Chaney Street, Lake Elsinore, CA. E. Magee, Virginia JJBloonJ,JCity Clerk