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Home My WebLink About04-08-2014 City Council Minutes#.f -(� Tuesday, April 8, 2014 CALL TO ORDER 5:00 P.M. City of Lake Elsinore Meeting Minutes - Final City Council NATASHA JOHNSON, MAYOR STEVE MANOS, MAYOR PRO TEM BRIAN TISDALE, COUNCIL MEMBER DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER GRANT YATES, CITYMANAGER 7:00 PM Mayor Johnson called the meeting to order at 5:00 p.m. ROLL CALL LAKE- ELSINORE.ORG (951) 674 -3124 PHONE CULTURALCENTER 103 N. MAIN STREET LAKE ELSINORE, CA 92530 PRESENT: Mayor Johnson, Mayor Pro Tem Manos, Council Member Hickman, Council Member Magee, and Council Member Tisdale. Also present: City Manager Yates, City Attorney Leibold, City Clerk Bloom, and Attorney Michael Peffer. PUBLIC COMMENTS None CITY COUNCIL CLOSED SESSION 1a) CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION (Paragraph (1) of Subdivision (d) of Gov't Code § 54956.9): American Humanist Association vs. City of Lake Elsinore, Case No. EDCV 13 -00989 1b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956.8) Property: APN #370 - 120 -045 Agency negotiator: City Manager Yates Negotiating parties: City of Lake Elsinore and Richard Kane & Darlene Ryan Under negotiation: Price and terms of payment 1c) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov't Code § 54957(B)): City Attorney City of Lake Elsinore Page 1 Cultural Center City Council Meeting Minutes - Final April 8, 2014 City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss Agenda Item Nos. (1 a), (1 b), and (1 c). The City Council recessed to Closed Session at 5:01 p.m. CALL TO ORDER - 7:00 P.M. Mayor Johnson called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Zuzzette Bricker of Cal Fire led the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Johnson, Mayor Pro Tern Manos, Council Member Hickman, Council Member Magee, and Council Member Tisdale. Also present: City Manager Yates, City Attorney Leibold, City Clerk Bloom, Administrative Services Director Simpson, Lakes, Parks & Recreation Director Kilroy, Community Development Director Taylor, Public Works Director Damasse, Project Consultant Eskandari, Planning Manager MacHott, Fire Chief Barr, Police Chief Hollingsworth, and Deputy City Clerk Gir6n. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session to discuss Items (1 a), (1 b), and (1 c). There was no reportable action taken on Item Nos. (1 a) and (1 b); on Item No. (1c) the City Council directed that she return at the next City Council meeting with a two (2) year contract extension. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE C.J. Stewart announced the 2nd Annual K -9 Veterans Day at the Storm Stadium on April 12, 2014, at 10:00 a.m. Ms. Stewart also stated that the County of Riverside is the first County on the West Coast to declare K -9 Veteran's Day. City of Lake Elsinore Page 2 City Council Meeting Minutes - Final April 8, 2014 PRESENTATIONS / CEREMONIALS Presentation by Riverside County of Web EOC Zuzzette Bricker, Emergency Services Coordinator with Cal Fire provided a presentation on the Riverside County WebEOC and explained the benefits, tools, and tracking information that is provided during an emergency. Proclamation Declaring April as DMV /Donate Life California Month Mayor Johnson presented the Proclamation declaring April as DMV /Donate Life California Month to Jim and Norma White. Business of the Quarter Mayor Johnson presented the Business of the Quarter plaque to Craft Brewery owners Kirk Medeiros, and Tim and Elaine Reagan. CONSENT CALENDAR ID# 14 -057 Approval of Minutes It is recommended that the City Council approve the Minutes as submitted. ID# 14 -058 Warrant List Dated March 27 2014 ID# 14 -059 City Investment Report for December 2013 ID# 14 -061 Notice of Completion - FY 2013 -2014 SB 821 Sidewalk Project Proiect No. 4406 ID# 14 -062 Rejection of Claim It is recommended that the City Council direct the City Clerk to notify claimant Elisa Reyes that her claim submitted to the City Clerk's Department on March 17, 2014, is rejected. ID# 14 -064 A Resolution of the Cit v of Lake Elsinore Opposing Senate Bill 1270 Regarding Surface Mining Operations It is recommended that the City Council consider adoption of Resolution No. 2014 -015 opposing Senate Bill 1270 (Surface Mining Operations) and authorize the Mayor to sign a letter of opposition. City or Lake Elsinore Page 3 City Council Meeting Minutes - Final April 8, 2014 Motion by Mayor Pro Tern Manos, second by Council Member Tisdale, to approve all items identified on the Consent Calendar less Item Nos. 14 -060 and 14 -063; the motion passed by unanimous vote as follows: AYES : Mayor Pro Tern Manos, Council Member Tisdale, Council Member Hickman, Council Member Magee, and Mayor Johnson NOES : None ABSENT: None ABSTAIN: None CONSENT ITEMS PULLED ID# 14 -060 Approval of Final Map 36115 Pardee Homes 1. Approve Final Map No. 36115 subject to the City Engineers acceptance as being true and correct; 2. That the City Council authorize the City Clerk to sign the map and arrange for the recordation of Final Map No. 36115; and 3. That the City Council authorize the City Manager to sign the subdivision agreement. Ms. Miller, Lake Elsinore resident, expressed her opposition to more homes being built in the City and stated that new developments would only further endanger vegetation and wildlife. Motion by Council Member Tisdale, second by Council Member Magee, to approve Final Map No. 36115 subject to the City Engineer's acceptance as being true and correct; that the City Council authorize the City Clerk to sign the map and arrange for the recordation of Final Map No. 36115; and that the City Council authorize the City Manager to sign the subdivision agreement; the motion passed by unanimous vote as follows: AYES : Council Member Tisdale, Council Member Magee, Council Member Hickman, Mayor Pro Tern Manos, and Mayor Johnson NOES : None ABSENT: None ABSTAIN: None ID# 14 -063 Letter of Support for the Nomination of Randon Lane as 2nd Vice - President for the League of California Cities It is recommended that the City Council consider approval of a letter of support for the nomination of Randon Lane as the 2nd Vice - President of the League of California Cities. City of Lake Elsinore Page 4 City Council Meeting Minutes - Final April 8, 2014 Ms. Miller, Lake Elsinore resident, stated that she was opposed to the Letter of Support for the nomination of Randon Lane because he is an employee of the natural Gas Company and that would be a conflict of interest. Mayor Johnson stated that Mr. Lane's employment was not up for discussion. Mayor Johnson clarifed this item is regarding the nomination of Mr. Lane to the League of California Cities. Mayor Pro Tem Manos clarified the nomination to the League of California Cities is to preserve local control for the cities and not for power over legislation. Council Member Magee stated that Mr. Lane is passionate about public service and is a respected leader in this County, the Gas Company, and in the City of Murrieta. Motion by Council Member Magee, second by Mayor Pro Tern Manos, to consider approval of a letter of support for the nomination of Randon Lane as the 2nd Vice - President of the League of California Cities; the motion passed by unanimous vote as follows: AYES : Council Member Magee, Mayor Pro Tern Manos, Council Member Hickman, Council Member Tisdale, and Mayor Johnson NOES : None ABSENT: None ABSTAIN: None PUBLIC HEARING(S) ID# 14 -065 Second Public Hearing for Consideration of City's Annual Weed Abatement Program It is recommended that the City Council open the Public Hearing and consider any comment or objections to the City's annual weed abatement program. Mayor Johnson opened the Public Hearing at 7:31 p.m. Project Consultant Eskandari provided an overview to Council. Ms. Miller stated that she was opposed to the consideration of the City's Annual Weed Abatement Program. There being no further public comments, Mayor Johnson closed the Public Hearing at 7:34 p.m. ID# 14 -066 Resolution Determining the Validity of Prior Proceedings Relating to Cit of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly); Call a Special Election: Canvas Election Results Ordinance Authorizing Levy of Special Taxes for CFD 2006 -1 (Summerly) 1. Open the Public Hearing and take testimony; 2. Adopt Resolution No. 2014 -016 determining the validity of prior proceedings City of Lake Elsinore Page 5 City Council Meeting Minutes - Final April 8, 2014 relating to City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly); 3. Adopt Resolution No. 2014.017 to incur bonded indebtedness in the amounts not to exceed $4,000,000, $6,500,000, $7,500,000, $5,500,000, $8,000,000, $9,000,000 and $12,500,000 for Improvement Area CC, Improvement Area DD, Improvement Area EE, Improvement Area FF, Improvement Area GG, Improvement Area HH and Improvement Area II, respectively, of the City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) and calling a special election; 4. Conduct the special election; 5. Adopt Resolution No. 2014 -018 canvassing the results of the election held within the City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly); and 6. Waive further reading and introduce by title only Ordinance No. 2014 -1325 authorizing the levy of a services special tax and a special tax within The City of Lake Elsinore Community Facilities District No. 2006.1 (Summerly), by roll call vote. Mayor Johnson opened the Public Hearing at 7:35 p.m. City Attorney Leibold provided an overview to Council. City Clerk Bloom announced the Notice of the Public Hearing. No public comments or written protests were received. There being no public comments, Mayor Johnson closed the Public Hearing at 7:39 p.m. Motion by Mayor Pro Tern Manos, second by Council Member Hickman, to adopt Resolution No. 2014 -016 determining the validity of prior proceedings relating to City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly); the motion passed by unanimous vote as follows: AYES : Mayor Pro Tern Manos, Council Member Hickman, Council Member Magee, Council Member Tisdale, and Mayor Johnson NOES : None ABSENT: None ABSTAIN: None Motion by Council Member Tisdale, second by Council Member Hickman, to adopt Resolution No. 2014 -017 to incur bonded indebtedness in the amounts not to exceed $4,000,000, $6,500,000, $7,500,000, $5,500,000, $8,000,000, $9,000,000 and $12,500,000 for Improvement Area CC, Improvement Area DD, Improvement Area EE, Improvement Area FF, Improvement Area GG, Improvement Area HH, and Improvement Area II, respectively, of the City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) and calling a special election; the motion passed by unanimous vote as follows: AYES : Council Member Tisdale, Council Member Hickman, Council Member Magee, Mayor Pro Tern Manos, and Mayor Johnson NOES : None ABSENT: None ABSTAIN: None City of Lake Elsinore Page 6 City Council Meeting Minutes - Final April 8, 2014 Mayor Johnson asked City Clerk Bloom to tabulate the ballots and announce if two- thirds of the votes were cast upon the question of Levying the Service Special Tax incurring bonded indebtedness in the amounts not to exceed $4,000,000, $6,500,000, $7,500,000, $5,500,000, $8,000,000, $9,000,000 and $12,500,000 for Improvement Area CC, Improvement Area DD, Improvement Area EE, Improvement Area FF, Improvement Area GG, Improvement Area HH, and Improvement Area II, respectively, of the City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) and establishing of appropriations limit equal to maximum amount of bonded indebtedness are in favor of such propositions. City Clerk Bloom read the ballots into the record and announced a majority vote. Motion by Mayor Pro Tem Manos, second by Council Member Tisdale, to adopt Resolution No. 2014 -018 canvassing the results of the election held within the City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly), the motion passed by unanimous vote as follows: AYES : Mayor Pro Tem Manos, Council Member Tisdale, Council Member Hickman, Council Member Magee, and Mayor Johnson NOES : None ABSENT: None ABSTAIN: None Motion by Mayor Pro Tem Manos, second by Council Member Tisdale, to waive further reading and introduce by title only Ordinance No. 2014 -1325. City Clerk Bloom read the title of Ordinance No. 2014 -1325 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -1 (SUMMERLY); the motion passed by unanimous roll -call vote as follows: AYES : Mayor Pro Tem Manos, Council Member Tisdale, Council Member Magee, Council Member Hickman, and Mayor Johnson NOES : None ABSENT: None ABSTAIN: None APPEAL(S) None ID# 14 -067 Second Reading and Adoption of Ordinance No. 2014 -1324 It is recommended that the City Council waive further reading and adopt by title only ORDINANCE NO. 2014 -1324, an Ordinance of the City Council of the City of City of Lake Elsinore Page 7 City Council Meeting Minutes - Final April 8, 2014 Lake Elsinore, California, APPROVING ZONING CODE AMENDMENT NO. 2014 -01 AND ZONING CODE AMENDMENT NO. 2014 -02 AMENDING CHAPTER 17.168 OF THE LAKE ELSINORE MUNICIPAL CODE, by roll -call vote. City Clerk Bloom provided an overview to Council. Motion by Council Member Tisdale, second by Council Member Hickman, to waive further reading and adopt by title only Ordinance No. 2014 -1324. City Clek Bloom read the title of Ordinance No. 2014 -1324 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONING CODE AMENDMENT NO. 2014 -01 AND ZONING CODE AMENDMENT NO. 2014 -02 AMENDING CHAPTER 17.168 OF THE LAKE ELSINORE MUNICIPAL CODE, the motion passed by unanimous roll -call vote as follows: AYES : Council Member Tisdale, Council Member Hickman, Council Member Magee, Mayor Pro Tern Manos, and Mayor Johnson NOES : None ABSENT: None ABSTAIN: None PUBLIC COMMENTS — NON- AGENDIZED ITEMS — 3 MINUTES David Short, Lake Elsinore resident and business owner, stated that he and his wife participated in an outreach program that provides meals and clothing to disadvantaged and low income people. He also spoke about the benefits of providing outreach services. Mr. Short stated that the majority of the people who receive assistance from the outreach program live in the City. He asked Council if there was a way that they could continue providing meals and clothing to disadvantaged people at the park. Mayor Johnson gave direction that staff contact him. David Hensch stated that he has helped his church with their outreach program for many years. This last year he has been receiving assistance from the outreach program. Mr. Hensch stated that the City Code Enforcement is causing problems for the church's outreach program and is suppressing a community service. Dave Lawson, stated that the majority of the people benefitting from the outreach programs are low income, seniors, and disabled people that are City residents and cannot afford to buy food. Mr. Lawson asked Council to consider the benefits that their outreach program offers. Ms. Miller, Lake Elsinore resident, spoke regarding Earth Day and the use of organic products on vegetation. Ms. Miller stated that building more tract housing would pour more toxic runoff into the Lake and impact the environment. City of Lake Elsinore Page 8 City Council Meeting Minutes - Final April 8, 2014 Jerry Harmatz, Lake Elsinore resident, stated that he participates in feeding the people at the park and asked Mayor Johnson to form a committee that would address and remedy the issue of feeding people at the park. Julie Cabrera, Lake Elsinore resident, spoke about her experience when she was homeless. Ms. Cabrera stated that she was in favor of a food ministry at the park. CITY MANAGER COMMENTS City Manager Yates introduced Public Works Director Vince Damasse. CITY ATTORNEY COMMENTS None CITY COUNCIL COMMENTS Council Member Hickman announced an Easter Egg Hunt at McVicker Park on April 12th; the Unity in the Community 5K/1 OK Race on April 19th; the Easter Egg Hunt at the Elks Lodge on April 19th, at 10:00 a.m.; and K -9 Veteran's Day on April 12th. Council Member Hickman stated he has talked with homeless people and some of them choose to live on the street. Council Member Hickman asked that church groups feed people at their respective churches. Council Member Magee announced that he would attend the Food Ministries Ad Hoc Committee meeting at the Sheriff's Department. The Food Ministries Ad Hoc Committee will continue meeting at the monthly Cops and Clergy Program meeting on April 20th, at 6:00 p.m. Council Member Magee stated they need to find a way to share the parks and help the underprivileged in a safe and responsible manner. He is committed to working towards that goal through the Cops and Clergy Organization. Council Member Tisdale thanked staff for all their hard work. He announced the Reality Rally and stated he and Mayor Pro Tem Manos will defend the the City's 1st Place title for the third year in a row. Council Member Tisdale also announced baseball opening day on April 10th. Mayor Pro Tem Manos addressed the issue of feeding people at the park and stated there are laws in place for the safety and protection of residents and citizens. The City gives money to organizations that feed and clothe the homeless. Mayor Pro Tem Manos said that outreach groups need to organize and raise funds. He welcomed Public Works Director Damasse. Mayor Pro Tem Maros announced opening day at the Storm Stadium on April 10th; the Reality Rally race for Michelle's Place; and wished everyone a Happy Easter. City of Lake Elsinore Page 9 City Council Meeting Minutes April 8, 2014 Mayor Johnson welcomed the following new businesses to the City: Freedom Solar Services, Mundo Cellular and Medi Cali. She congratulated the Business of the Quarter, Craft Brewery, for their growth and success. Mayor Johnson announced the Clean Extreme event on April 26th, on Main Street from the 15 Freeway to Lakeshore Drive; the City's 126th Birthday on April 9th; and Council Member Tisdale will race against the squirrel at the Storm Stadium on opening day. Mayor Johnson stated that Council is committed to find a solution that addresses concerns of feeding people at the park and directed staff to prepare a recommendation for a committee. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:21 p.m. to the next regularly scheduled meeting to be held on Tuesday, April 22, 2014, at the Cultural Center located - -183 N. Main Street, Lake Elsinore, California. B 7;! Virginia loom/ ity Clerk City of Lake Elsinore Page 10