HomeMy WebLinkAbout08-23-2011 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, AUGUST 23, 2011
............................................... ...............................
CALL TO ORDER
Mayor Pro Tern Magee called the City Council Meeting to order at 7:00 p.m.
ROLL CALL
PRESENT: Mayor Pro Tern Magee
Council Member Hickman
Council Member Melendez
Council Member Tisdale
ABSENT: None
Also present: City Manager Brady, City Attorney Leibold, Director of Administrative
Services Riley, Public Works Director /City Engineer Seumalo, Director of Lake, Parks
and Recreation Kilroy, Police Chief Fontneau, Fire Chief Lawson, Planning Manager
Morelion, Redevelopment Analyst Carlson and City Clerk Bloom.
PLEDGE OF ALLEGIANCE
Craig Turner led the pledge of allegiance.
CITY COUNCIL CLOSED SESSION
1(a) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision
(a) of Gov't Code § 54956.9): City of Lake Elsinore vs. R Side Medical, LLC
(Court of Appeal, Fourth Appellate District, Division Two, Case No. E053545)
1(b) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Gov't Code
Section 54956.9: 1 potential case (Randy and Brandi Hiner v.
City of Lake Elsinore; Claim filed 7- 18 -11)
City Attorney Leibold announced that the City Council met in Closed Session and no
reportable action taken on either item.
PRESENTATIONS /CEREMONIALS
Certificate of Recognition of Elizabeth Tapia
Regular City Council Minutes
Meeting of August 23, 2011
Page 2 of 13
Mayor Pro Tern Magee introduced Elizabeth Tapia who was recognized for being
named 2011 Youth of the Year by the Boys & Girls Clubs of Southwest Riverside
County.
PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE
CJ Stewart spoke of the preparation for the 4th Annual Veteran's Day Observance.
PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES
There were none.
CONSENT CALENDAR
(2) Approval of Minutes
Recommendation: It is recommended the City Council approve the minutes of:
(a)
Joint Study Session
Meeting
of August 9, 2011
(b)
Regular City Council
Meeting
of
August 9, 2011
Historic
(3) Warrant List dated August 15, 2011
Recommendation: Authorize payment of Warrant List dated August 15, 2011.
(4) Investment Report for July 2011
Recommendation: It is recommended the City Council receive and file.
(5) Construction
Contract
Award
of
Historic
Downtown
Riverwalk
In-
Pavement
Crosswalk
Lights
at
Chaney
Street
—
Protect
No.
4329
-2
Recommendation: It is recommended that the City Council:
(a) Award Historic Downtown Riverwalk In- Pavement Lights at Chaney Street
to Luna Pacific Construction for the amount of $39,421.00 with a 10%
contingency;
(b) Authorize the City Manager to execute the contract with Luna Pacific
Construction;
(c) Authorize the Funding of $34,064 from Gas Tax Fund 110.
Regular City Council Minutes
Meeting of August 23, 2011
Page 3 of 13
(6) Sole Source Purchase of Rubberized Products Using Tire Derived Product Grant
Program (TDP) Funds
Recommendation: It is recommended that the City Council approve the
purchase of the Rubbersidewalk materials and Rubberoo mulch in the amount of
$152,540.33 from Rubbersidewalks, Inc. as a sole source provider to this project.
(7) Authorize the City Manager to Enter into Contract with Albert A. Webb
Associates to Prepare CEQA Compliance Documents for the Project Known as
the "Cable Ski/ Wakeboard Park"
Recommendation: It is recommended that the City Council authorize the City
Manager to enter into a contract with Albert A. Webb Associates to prepare the
CEQA compliance documents for the Cable Ski/Wakeboard Park project, in an
amount not to exceed $39,311.
(8)
Renewal
of
Agreement
with
County
of
Riverside
Sheriff's
Department
for
Law
Enforcement
Services for
the
Five
Fiscal
Years
Ending
June
30,
2015
Recommendation: It is recommended that the City Council approve the renewal
of the agreement with the County of Riverside Sheriff's Department to perform
law enforcement services for the five fiscal years ending June 30, 2015 in
accordance with the fee and terms noted in the agreement attached.
(9) An Agreement Between the Lake Elsinore Valley Chamber of Commerce and the
City
Recommendation: It is recommended that the City Council approve the
agreement and authorize the Mayor Pro Tern to execute the agreement with the
Lake Elsinore Valley Chamber of Commerce.
Council Member Tisdale requested to pull Item No. 8 from the Consent Calendar.
Council Member Hickman requested to pull Item No. 9 from the Consent Calendar.
It was moved by Council Member Melendez and seconded by Council Member Tisdale
to approve Consent Items 2 through 7; motion passed unanimously.
CONSENT ITEMS PULLED FOR DISCUSSION
(8) Renewal of Agreement with County of Riverside Sheriff's Department for Law
Enforcement Services for the Five Fiscal Years Ending June 30, 2015
Recommendation: It is recommended that the City Council approve the renewal
of the agreement with the County of Riverside Sheriff's Department to perform
law enforcement services for the five fiscal years ending June 30, 2015 in
accordance with the fee and terms noted in the agreement attached.
Regular City Council Minutes
Meeting of August 23, 2011
Page 4 of 13
Council Member Tisdale explained that he pulled this item in order for the public to have
a better understanding of the renewal agreement with the County of Riverside Sheriff's
Department. Police Chief Fontneau spoke of the FY 2011 -2012 Budget and the
cutbacks which occurred. He stated as the department moves forward, some of those
cutbacks will need to be restored and will work together with City Council and staff on
the issues. Council Member Tisdale stated that he and the City Manager met with
Supervisor Buster last week and indicated that the Supervisor has agreed to give the
City some funding for the Lake.
Mayor Pro Tern Magee pointed out that crime is down 4% and stated he felt the Police
Department does an excellent job.
It was moved by Council Member Tisdale and seconded by Council Member Hickman
to approve the renewal of the agreement with the County of Riverside Sheriff's
Department to perform law enforcement services for the five fiscal years ending
June 30, 2015; motion passed unanimously.
(9) An Agreement Between the Lake Elsinore Valley Chamber of Commerce and the
Citv
Recommendation: It is recommended that the City Council approve the
agreement and authorize the Mayor Pro Tenn to execute the agreement with the
Lake Elsinore Valley Chamber of Commerce.
Council Member Hickman requested Kim Cousins of the Chamber of Commerce to
provide information to the public of what the Chamber does for the City.
Kim Cousins, Chief Executive Officer of the Lake Elsinore Chamber of Commerce
stated there are two components to the contract, one is for development and the other
is for tourism. He stated that the Chamber helps promote growth, tourism, marketing
and economic development within the City.
Council Member Hickman asked that the Chamber of Commerce help to reduce the day
laborers along Main Street.
Council Member Tisdale asked how many surrounding cities provide funding to their
Chambers of Commerce. Mr. Cousins responded by saying the City of Corona,
Riverside, and Temecula provide funding for their Chambers. Council Member Tisdale
pointed out that most Chambers of Commerce are self- funded and would like to see the
tourism dollars help promote the City.
Mayor Pro Tem Magee addressed Council Member Hickman's comment about the day
laborers along Main Street and suggested a meeting between Mr. Cousins, the Border
Patrol and the Sheriff's Department.
Council Member Melendez pointed out that it is not the responsibility of the Chamber to
help clean up the City; however, having a meeting is a good start.
Regular City Council Minutes
Meeting of August 23, 2011
Page 5 of 13
It was moved by Council Member Tisdale and seconded by Mayor Pro Tem Magee to
approve the agreement and authorize Mayor Pro Tem Magee to execute the agreement
with the Lake Elsinore Valley Chamber of Commerce; motion passed unanimously.
PUBLIC HEARING(S)
(10) Public Hearing — Resolution of the City Council of the City of Lake Elsinore,
California Declaring its Intention to Vacate Public Streets
Recommendation: It is recommended that the City Council open the public
hearing in conformity with the public hearing notice and hear evidence as may be
presented by interested persons; and then close the public hearing but not take
action on this item.
Mayor Pro Tem Magee announced that at the request of both staff and the applicant,
this item will be continued to a date to be determined at which time notice would be
provided pursuant to applicable requirements however public comments would be
accepted.
Mayor Pro Tem Magee opened the Public Hearing at 7:20 p.m. and requested
comments from the public; no comments were received. Mayor Pro Tem Magee closed
the Public Hearing at 7:21 p.m.
APPEAL(S)
No appeals scheduled.
BUSINESS ITEM(S)
(11) Second reading and adoption of Ordinance Correcting and Restatinq NUNC
PRO TUNC Certain Time Limits Specified in Ordinance No. 987 and Affirming
Certain Time Limits Specified in Ordinance No. 1249 as to the Redevelopment
Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I,
No. II and No. III
Recommendation: Waive further reading and adopt by title only ORDINANCE
NO. 2011 -1292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, CORRECTING AND RESTATING NUNC PRO
TUNC CERTAIN TIME LIMITS SPECIFIED IN ORDINANCE NO. 987 AND
AFFIRMING CERTAIN TIME LIMITS SPECIFIED IN ORDINANCE NO. 1249 AS
TO THE REDEVELOPMENT PLANS FOR THE LAKE ELSINORE RANCHO
LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, NO. II and NO. III
Motion by Council Member Hickman and seconded by Council Member Tisdale to adopt
by title only and waive further reading City Council Ordinance No. 2011 -1292, correcting
and restating Nunc Pro Tunc certain time limits specified in Ordinance No. 987 and
affirming certain time limits specified in Ordinance No. 1249 as to the Redevelopment
Regular City Council Minutes
Meeting of August 23, 2011
Page 6 of 13
Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II
and No. III was approved by unanimous roll call vote.
(12) Second Reading and adopt by title only Ordinance No 2011 -1293 electing to
comply with and participate in the alternative voluntary redevelopment program
contained in Part 1.9 of Division 24 of the California Health and Safety Code
Recommendation: It is recommended that the City Council conduct the second
reading and adopt by title only ORDINANCE NO. 2011 -1293 AN ORDINANCE
OF THE CITY OF LAKE ELSINORE, CALIFORNIA ELECTING TO COMPLY
WITH AND PARTICIPATE IN THE ALTERNATIVE VOLUNTARY
REDEVELOPMENT PROGRAM CONTAINED IN PART 1.9 OF DIVISION 24 OF
THE CALIFORNIA HEALTH AND SAFETY CODE
It was moved by Council Member Hickman and seconded by Council Member Tisdale
to adopt by title only and waive further reading City Council Ordinance No. 2011 -1293,
electing to comply with and participate in the alternative voluntary Redevelopment
Program contained in Part 1.9 of Division 24 of the California Health and Safety Code.
The motion passed unanimously by a roll call vote.
(13) Approval of CDBG Supplemental Agreement 2011 -2012
Recommendation: It is recommended that the City Council authorize the Mayor
Pro Tern to execute the supplemental agreement with the County of Riverside
for the use of Community Development Block Grant funds.
Redevelopment Analyst Carlson provided an overview to Council.
It was moved by Council Member Melendez and seconded by Council Member
Hickman to authorize Mayor Pro Tern Magee to execute the supplemental agreement
with the County of Riverside for the use of Community Development Block Grant funds;
motion passed unanimously.
(14) Residential Design Review 2011 -03 For the "Sunset Hills at Summerly" Project
Within the Neighborhood No. 6 of the Summerly Lake Elsinore Development of
the East Lake Specific Plan Amendment No. 6
Recommendation: It is recommended that the City Council:
(a) Adopt Resolution No. 2011 -051 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS
THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (MSHCP);
(b) Adopt Resolution No, 2011 -052 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING
RESIDENTIAL DESIGN REVIEW NO. 2011 -03
Regular City Council Minutes
Meeting of August 23, 2011
Page 7 of 13
Planning Consultant Coury provided an overview to the Council. He noted that staff
added to the Conditions of Approval to provision that the builder provide to all home
buyers a written statement that identifies that the project is located within an active
recreation area.
Council Member Melendez noted that the proposed homes are small and offered the
homes will get bigger as the market conditions improve.
Council Member Tisdale noticed how close the homes are to each other and stated that
it is because of the economy.
Mayor Pro Tem Magee requested to add "seasonal fireworks" to the added Condition.
It was moved by Council Member Melendez and seconded by Council Member Tisdale
to approve City Council Resolution No. 2011 -051, adopting findings that the project is
consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The motion
passed unanimously.
It was moved by Council Member Melendez and seconded by Council Member Tisdale
to approve Resolution No. 2011 -052, a Resolution of the City Council approving
Residential Design Review No. 2011 -03 to include the modifications to the Conditions of
Approval; motion passed unanimously.
(15) Modification to Conditions of Approval for VTTM 28214 and VTTM 30836,
Alberhill Ranch
Recommendation: It is recommended that the City Council approve the
recommended changes to the conditions of approval as described in items 2, 31
6, 91 10, 11, 13, 14, 16, 17, and 21 in the discussion section of this staff report.
Director of Public Works Seumalo provided an overview to the Council
Council Member Tisdale asked about the number of Certificates of Occupancy issued to
date. Director Seumalo and Tom Tomlinson responded by saying that there has been
approximately 281 Certificates of Occupancies issued.
Tom Tomlinson of Castle & Cooke stated they are almost complete with the
requirement for Nichols Road. He requested to have Condition No. 8 changed from 464
Certificate of Occupancy to 1200 due to the economy. He proposed to build a bike path
from Nichols Road to Mountain Street along the right -of -way.
Council Member Melendez addressed her concerns with the increase of homes and
traffic, yet there wasn't a traffic impact study to support the flow of traffic. Director
Seumalo stated that the traffic analysis analyzed impacts to specific intersections from
the development; he stated that the level of service would not be affected by the change
of the condition.
Regular City Council Minutes
Meeting of August 23, 2011
Page 8 of 13
Council Member Tisdale spoke of the completion of Nichols Road and asked if it would
have any impact on the traffic going into the project. Director Seumalo stated that the
completion of Nichols Road would offer an alternative route to the Freeway and help
with the circulation. Council Member Tisdale asked how many houses would be built in
the next few years. Tom Tomlinson stated that they would be looking for good quality
builders to build homes in the area; however, it depends on the economy.
Sharon Gallina spoke of the current road conditions along Lake Street and how the
street is congested with mining trucks.
Mayor Pro Tern Magee requested the applicant to address the adjacent mining activity.
Tom Tomlinson noted Ms. Gallina's concerns regarding the traffic and stated that there
shouldn't be any additional traffic generated from the north side of Lake Street. Mayor
Pro Tern Magee asked Mr. Tomlinson what their company could do to help beautify the
north end of town. Mr. Tomlinson stated that they intend to complete the entry
monuments into Alberhill and agreed to clean up the north end.
Paulie Tehran spoke of the excessive debris near the Castle & Cooke project, the
mining issues, noise, air quality and traffic in the area.
Council Member Melendez asked what the builder would do to guarantee that the
improvements are made. Director Seumalo stated that the builder would be required to
put up a security bond.
Mayor Pro Tern Magee requested an additional Condition be added which would
address the appearance of the unimproved property owned by Castle & Cooke from
1 -15 Freeway to Mountain Street.
Council Member Melendez added into the Conditions of Approval that adequate security
be provided by the 1200th Certificate of Occupancy.
It was moved by Mayor Pro Tern Magee, and seconded by Council Member Tisdale to
approve the recommended changes to the Conditions of Approval; Number 8 be added
to reflect that the improvement occur at the 1200th Certificate of Occupancy; that a letter
of credit for all improvements be completed by the 1200th Certificate of Occupancy; a
condition that would state that the applicant work with the City to improve and maintain
the appearance of unimproved property owned by Castle & Cooke and related
companies from the 1 -15 freeway to Mountain Street; and to include at the 1200th
Certificate of Occupancy a letter of credit or other adequate security as approved by
City staff for all additional improvements. The motion passed unanimously.
Council Member Melendez asked if there was any documentation that would address
the concerns of the traffic load. Director Seumalo pointed out that there was a traffic
study that was submitted in November 2010, yet not approved until March 2011 with
added supplements.
Regular City Council Minutes
Meeting of August 23, 2011
Page 9 of 13
(16) Policy Regarding the Use of Electronic Devices During City Council Meetings
Recommendation: It is recommended that the City Council review and discuss
the proposed Policy and consider adoption.
It was moved by Council Member Tisdale and seconded by Council Member Melendez
to approve a new City Council policy which addressed the use of electronic devices
during a City Council meeting and in Closed Session Meeting. The motion passed
unanimously.
(17) City Council Vacancy
Recommendation: In accordance with the requirements of Policy No. 200 -11, it is
recommended to the City Council receive the recommendation from the Council
subcommittee to the named applicants, interview each applicant and vote to
appoint to the vacant seat.
City Manager Brady provided an overview to the Council.
Chris Hyland, resident, spoke in opposition of the subcommittee's recommendation of
only two applicants to be considered by Council to fill the vacancy. Ms. Hyland
requested that the subcommittee go back and select two additional applicants to be
considered by Council.
Sharon Gallina spoke of her concerns as no Council members reside on the north side
of the City.
Harvey Ryan concurred with the two previous speakers and stated that there should be
more of a selection.
Council Member Hickman pointed out that if the Council could not agree, then a Special
Election would have to be called which would cost thousands of dollars. He thanked the
applicants for showing their interest in serving the City. He pointed out that the Council
Members who live in Tuscany Hills receive no special attention. He indicated that he
has reviewed all of the applications and it is his opinion that the person selected should
have experience and knowledge to assist with the General Plan.
Council Member Tisdale advised the public that when he reviewed each of the
applications he looked for individuals who could serve on the Council for a short term.
He stated that the Council's motion was to bring four or five applicants forward and
suggested that the subcommittee go back and reevaluate the applications, select two
additional applicants and bring them forward at the next Council meeting.
Mayor
Pro
Tem Magee
pointed
out that
Council Member Tisdale's
suggestion would
require
an
amendment to
the City
Council
Policy from 30 days to 60
days.
Regular City Council Minutes
Meeting of August 23, 2011
Page 10 of 13
Council Member Melendez explained to the public the process of the subcommittee's
selection. She addressed the concerns of those who felt that it was the subcommittee's
plot to replace all members of the Council with residents from Tuscany Hills and stated
that it was nonsense.
Rick Morsch, applicant, asked that the selected applicants be allowed to address the
Council prior to the Council's vote.
It was moved by Council Member Tisdale, and seconded by Mayor Pro Tern Magee to
amend the existing Council Policy to allow up to 60 days to fill a vacancy; for the
Council Subcommittee to review and select two additional applicants and to bring a total
of four candidates to be considered by the entire Council at the meeting of September
13th. The motion passed unanimously.
The City Council recessed and convened to the Redevelopment Agency at 8:34 p.m.
The City Council reconvened at 8:50 p.m.
PUBLIC COMMENTS — NON -AGENDIZED ITEMS — 3 MINUTES
There was none.
CITY MANAGER COMMENTS
City Manager Brady made the following announcements:
Business Marketing Forum
Wednesday, August 24
5:00 p.m. — 7:00 p.m.
The Diamond Club
Business Networking Mixer Hosted by Navy Federal Credit Union
Thursday, August 25
5:30 p.m. — 7:30 p.m
Navy Federal Credit Union
Fener Fundraiser - Hosted by the Links at Summerly & Skydive Elsinore
Friday, August 26
6:00 p.m.
Links at Summerly
Fourth Annual Homerun For Hunger
Friday, August 26
Storm Stadium
Regular City Council Minutes
Meeting of August 23, 2011
Page 11 of 13
Farmers Market @ Lake Elsinore Outlets
Friday, August 26
4:00 p.m. — 8:00 p.m.
Lake Elsinore Outlets
United Way Of The Inland Valleys 5th Annual Day Of Caring
Saturday, August 27
7:00 a.m.
Storm Stadium
2011 Concert Series Music with a View
Featuring: Lakeside High School
Saturday, August 27
6:30 p.m. — 9:30 p.m
McVicker Canyon Park
E -Waste — Hosted by Lake Elsinore Outlets
Saturday, August 27
9:00 a.m. — 3:00 p.m.
Lake Elsinore Outlets
TIP's Seventh Annual Heroes with Heart Awards Dinner
Friday, September 9
6:00 p.m.
Diamond Club
National Jet Boat Association: Thunder In The Channel 4
Friday, September 9 — Sunday, September 11
7:00 a.m. — Dusk
Inlet Channel /Storm Stadium
Cruise Night at Lake Chevrolet -Chevy
Sunday, September 11
4:00 p.m. — 7:00 p.m
Lake Chevrolet
Elsinore First Assembly Presents: 9/11 Remembered
Sunday, September 11
6:00 P.M.
Elsinore First Assembly of God
Student of the Month
Tuesday, September 13
12:00 p.m. — 2:00 p.m
Sizzler Lake Elsinore
Regular City Council Minutes
Meeting of August 23, 2011
Page 12 of 13
Coffee Talk with Councilwoman Melendez
Wednesday, September 14
9:00 a.m. — 10:30 a.m.
Location: Flour Fusion Bakery
He spoke of the General Plan and Downtown Master Plan updates which are moving
forward and that many of the items are now posted on the City's Website.
CITY ATTORNEY COMMENTS
She had no comments.
COMMITTEE REPORTS
There were none.
CITY COUNCIL COMMENTS
Council Member Melendez commented on the following:
• She reminded the public of the new Farmers Market located at the Outlet Center.
• She advised the public to report unattended swimming pools that have green or
standing water which may attract mosquitoes.
• She stated that on Friday, the Rocky Mountain Chocolate Factory will be shipping
over 100 pounds of fudge to the troops serving over in the Middle East.
• She thanked all of the residents who attended the interviews last week and those
who applied.
• She thanked the employees for their support regarding the new Labor Union
Contract.
Council Member Hickman commented on the following:
• He spoke of a call reporting a dock that has been put on the Lake and requested
Parks, Lake and Recreation Department look into the matter.
Council Member Tisdale commented on the following:
• He thanked all of the residents who attended the interviews last week and those who
applied.
• He thanked the City Clerk for also attending the interviews meeting.
Regular City Council Minutes
Meeting of August 23, 2011
Page 13 of 13
Mavor Pro Tern Maaee commented on the followin
• He thanked those who had been praying for the safe return of his son as he will be
returning home next month.
• He thanked Council Member Tisdale and staff for working with Supervisor Buster's
office.
• He wished his mother a Happy Birthday.
W911I•lq:7i!h41gi!fI1
The Lake Elsinore City Council adjourned the meeting at 9:01 p.m. to a regular meeting
to be held on Tuesday, September 13th, 2011 the ult�u al Center located at
183 N. Main Street, Lake Elsinore, CA. ii �� ,
Robert Magee, Mayor P Tern
City of Lake Elsinore
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