The URL can be used to link to this page

Home My WebLink About04-22-2014 City Council MinutesLAKE LSI1`IOKE �— 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, CITY MANAGER LAKE- ELSINORE.ORG (951) 674 -3124 PHONE CULTURALCENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, April 22, 2014 7:00 PM Cultural Center CALL TO ORDER 5:00 P.M. Mayor Johnson called the meeting to order at 5:00 p.m. ROLL CALL 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, and City Clerk Bloom. CITY COUNCIL CLOSED SESSION 1a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54946.8) Property: APN# 379 - 206 -006 Agency Negotiator: City Manager Yates Negotiating Parties: City of Lake Elsinore and Ken Burris Under Negotiation: Price and terms of payment 1b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54946.8) Property: APN# 374 -243- 008 -01 Agency Negotiator: City Manager Yates Negotiating Parties: City of Lake Elsinore and Gary Ennis Under Negotiation: Price and terms of payment City of Lake Elsinore Page i City Council Meeting Minutes - Final April 22, 2014 1c) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code Section 54956.8) Property: APN #3365- 030 -001 Agency negotiator: City Manager Yates Negotiating parties: City of Lake Elsinore and Successor Housing Agency Under negotiation: Price and terms of payment 1d) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9: 1 potential case City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss Agenda Item Nos. (1 a), (1 b), (1 c), and (1 d). The City Council recessed to Closed Session at 5:01 p.m. PUBLIC COMMENTS ITIR CALL TO ORDER - 7:00 P.M. Mayor Johnson reconvened the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE City Clerk Bloom led the Pledge of Allegiance. ROLL CALL 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, Administrative Services Director Simpson, Community Development Director Taylor, Public Works Director Damasse, Fire Chief Barr, Police Chief Hollingsworth, Parks and Recreation Manager Davis, and Deputy City Clerk Gir6n. City of Lake Elsinore Page 2 City Council Meeting Minutes - Final April 22, 2014 CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session to discuss Items If a), (1 b), (1c) and (1 d). There was no reportable action taken on Item Nos. (1 a), (1 b), (1 c), and (1d). City Attorney Leibold provided a Closed Session report for the Special City Council meeting of Friday, April 18, 2014, at 6:00 p.m. She stated pursuant to the existing litigation in the case of the American Humanist Association, Diana Hansen and John Larson vs. City of Lake Elsinore, the closed session was conducted to discuss the trial court ruling, potential for an appeal, and the pending attorney's motion for attorney's fees in excess of $223,000. The parties reached a settlement today, April 22, 2014. The attorneys on the plaintiff's side will be paid $200,000, which is a reduction in excess of 10% of the requested amount. The City will pay $100,000 this fiscal year and an equal installment of $100,000 the next fiscal year with no interest. In exchange, the City agrees not to appeal the action. Mayor Johnson stated that in November 2012, the City Council approved a Veteran's Memorial to be installed at the Diamond Stadium. However, in May 2013, the memorial was halted when the American Humanist Association (AHA) filed suit against the City of Lake Elsinore challenging the design. In February, the court ruled against the Veteran's Memorial design. The City and the AHA reached an agreement to move forward and resolve the issue. Mayor Johnson stated while the court's decision is disappointing to herself and her colleagues, Council must do what is best for the City and the community overall. The memorial has always been about recognizing the men and women who bravely served to protect our country and our freedoms. By moving forward and settling this matter, we can refocus on this goal and design a memorial that we can all be proud of. The court's closing comments quoted Barbara Anderson saying, "that we should be using this to unite this community instead of something that divides us." Mayor Johnson stated that was exactly what Council is going to do and move forward. Mayor Johnson asked Council Member Tisdale to reinstate the Veteran's Memorial Committee. Council Member Tisdale responded in the affirmative. PRESENTATIONS / CEREMONIALS Proclamation declaring May 4 —10, 2014, as National Municipal Clerks' Week Mayor Johnson presented the National Municipal Clerks' Week proclamation. Proclamation declaring May as Mental Health Month Mayor Johnson announced that May is "Mental Health Month." City of Lake Elsinore Page 3 City Council Meeting Minutes - Final April 22, 2014 Recognition of the Lakeside High School Girls Varsity Basketball Team Champions Council Member Hickman presented the Certificate of Recognition to the Lakeside High School Girls Basketball Team Champions. Presentation by Cops & Clergy on the Food Ministries Father Cameron stated that Cops & Clergy was founded in June 2013 and is addressing the issues of Food Ministries and public assistance. They also have an Ad Hoc Committee that Council Member Magee is a member. Father Cameron announced the presentation is a result of the Ad Hoc Committee meetings. Chaplain Lopotosky provided an overview of the Pathway Project as a means of a resolution to the feeding in the park. The Pathway Project is a collaboration between law enforcement, City officials, and faith based organizations to finding a solution that is satisfactory to individuals who serve food at the parks; are in need of assistance; and enforce public safety in the City. The Pathway Project would also provide a training for food distribution and mentors on May 6th for individuals who want to be involved. Council Member Magee thanked Father Cameron, Pastor Lopotosky, and the Cops and Clergy Program for their willingness to find a solution out of hopelessness. The program will need partners from faith based organizations, the community, businesses and government. There is support from the Department of Workforce Development and County of Riverside Affordable Housing. Council Member Magee offered to meet with ministries to work through the logistical issues. He asked that everyone keep an open mind and heart to embrace the program. PUBLIC COMMENTS — NON- AGENDIZED ITEMS —1 MINUTE Glenn Rowlands, Lake Elsinore resident, spoke in opposition of the Cops and Clergy Program. The following two (2) individuals spoke in favor of food ministries: Collin Lee and Dennis Short. CJ Stewart, Lake Elsinore resident, reported on the K -9 Vererans Day event at the Diamond Stadium. CONSENT CALENDAR ID# 14-098 Approval of Minutes It is recommended that the City Council approve the Minutes as submitted. City of Lake Elsinore Page 4 City Council Meeting Minutes - Final April 22, 2014 ID# 14 -099 Warrant List Dated April 10, 2014 It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated April 10, 2014. ID# 14 -100 City Investment Report for January 2014 It is recommended that the City Council receive and file the Investment Report for January 2014. ID# 14 -101 Fifth Amendment to Amended and Restated Agreement for Legal Services That the City Council and the Sussessor Agency approve the Fifth Amendment to the Amended and Restated Agreement for Legal Services and authorize the Mayor /Chairperson to execute the same. ID# 14 -102 Lake Elsinore Municipal Code Waiver for Best of the Best BBQ Championship Frontier Days Jazz at the Lake and the Good Vibes South Pacific Island Music Festival at La Laguna Resort & Boat Launch It is recommended that the City Council waive Lake Elsinore Municipal Code section 9.28.030 Furnishing Alcoholic Beverages in Public for the proposed Best of the Best BBQ Championship, Frontier Days, Jazz at the Lake, and the Good Vibes South Pacific Island Music Festival Special Events, subject to compliance with all other conditions for the events as approved by the City Manager. ID# 14 -103 Freeway Maintenance Agreement with State of California Department of Transportation (Caltrans) for Wrought Iron Fence at Intersection of 1 -15 and Main Street and Covenant for Mainenance along Public Right of Way with 7- Eleven 1. Adopt Resolution No. 2014 -019, a. Approving the form of the Interstate 15 "Freeway Maintenance Agreement ", authorizing staff to submit the draft "Freeway Maintenance Agreement" to Caltrans, and authorizing the Mayor to execute the Interstate 15 "Freeway Maintenance Agreement" in its final form. b. Approving the "Covenant for Maintenance Along Public Right Of Way" between the City of Lake Elsinore and 7- Eleven Corporation in substantially the form attached and authorize the City Manager to execute the "Covenant for Maintenance Along Public Right Of Way" in such final form as approved by the Director of Public Works and the City Attorney. ID# 14 -104 Purchase Traffic Signal Poles /Mast Arms for the Traffic Signal Improvements at Summerhill Drive at Via Scenica Proiect No. 4423 Canyon Hills Road at Sage Lane Proiect No. 4368 1. Authorize the pole /mast arms purchase for the Traffic Signal Improvements at Summerhill Drive at Via Scenica and Canyon Hills Road at Sage Lane to McCain, Inc. for the not to exceed amount of $53,328.00. City of Lake Elsinore Page 5 City Council Meeting Minutes - Final April 22, 2014 2. Authorize the City Manager to execute the contract with McCain, Inc. Motion by Council Member Tisdale, second by Council Member Hickman, to approve all items identified on the Consent Calendar, the motion passed by unanimous vote as follows: AYES : Council Member Tisdale, Council Member Hickman, Council Member Magee, Mayor Pro Tem Manos, and Mayor Johnson NOES None ABSENT None ABSTAIN: None PUBLIC HEARING(S) None APPEAL(S) None BUSINESS ITEM(S) ID# 14 -105 Second Reading and Adoption of Ordinance No. 2014 -1325 Waive further reading and adopt by title only Ordinance No. 2014 -1325 by roll call vote: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX. Motion by Council Member Magee, second by Mayor Pro Tern Manos, to waive further reading and adopt by title only ORDINANCE NO. 2014 -1325 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AUTHORIING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX. Council Member Hickman announced that this Ordinance only pertains to the Summerly Development. City of Lake Elsinore Page 6 City Council Meeting Minutes - Final April 22, 2014 City Clerk Bloom read the title of Ordinace No. 2014 -1325 and conducted the roll -call vote. The motion passed by unanimous roll -call 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 ID# 14 -106 Court Receiver Proqram and Contract: Presentation And Approval Of A Professional Services Agreement With Silver & Wright LLP For Receivership Legal Services Accept a presentation from staff and receivership attorney, provide comments, and approve the attached professional services agreement between the City and Silver & Wright LLP for receivership legal services and authorize the City Manager to execute. Community Development Director Taylor provided an overview of the staff report and recommendation to Council. Attorney Matt Silver explained that a receivership is a court agent that deals with persistant blight properties, unsafe property conditions, abandoned homes, substandard buildings, hoarders, and limited resources. Motion by Council Member Hickman, second by Council Member Magee, to accept a presentation from staff and receivership attorney, approve the professional services agreement between the City and Silver & Wright LLP for receivership legal services and authorize the City Manager to execute, passed by unanimous vote as follows: AYES : Council Member Hickman, Council Member Magee, Council Member Tisdale, Mayor Pro Tern Manos and Mayor Johnson NOES : None ABSENT : None ABSTAIN: None City of Lake Elsinore Page 7 City Council Meeting Minutes - Final April 22, 2014 PUBLIC COMMENTS — NON- AGENDIZED ITEMS — 3 MINUTES Roy Jimenez with KHDTV, stated that he has created a funding mechanism through RocketHub to purchase and rehabilitate the Tarzan house and the Naval Academy properties. Mr. Jimenez would like to use the Navel Academy property as a training facility for emergency first responders. Mr. Jimenez asked for assistance from the City to obtain ownership of both properties. The following seven (7) people spoke in favor of the food ministries: Randy Berg, Kimberley Rowlands, William Reid, Dave Lawson, Don Maples II, Dave Hensch, and Paul Groslais. Nathan Miller, representative for the Building Industry Association, stated that the Association has a great relationship with the City and would like to continue that relationship. CITY MANAGER COMMENTS None CITY ATTORNEY COMMENTS None CITY COUNCIL COMMENTS Council Member Hickman announced the Elsinore Woman's Club Art from the Heart presentations on April 25th - 26th; the Clean Extreme event on April 26th on Main Street; the new Lake Elsinore Queen; the Lucas Motor Oil event April 25th - 26th; Aqua Flyboarding sport offered at the Lake; the Special Olympics event on May 19th at Lakeside High School; and Frontier Days May 8th - 11th at La Laguna Resort. City of Lake Elsinore Page 8 City Council Meeting Minutes - Final April 22, 2014 Council Member Magee thanked individuals for their passionate testimonies regarding the food ministries and asked them to seek out Father Cameron or himself to work together in finding a compassionate solution to the food ministries issue in the community. Council Member Magee stated that Council Member Tisdale is going to reform the Veteran's Memorial Committee to take a step toward healing the community. He asked the American Humanist to work towards healing and asked them to donated the $200,000 back to the community to rebuild the Veteran's Memorial. Council Member Magee announced that the City heard from the residents of Butterfield Estates who are having issues in a wooded area. He asked staff to work with the property owner to resolve those issues with code enforcement. Council Member Magee stated he attended the second Public Safety Advisory Commission (PSAC) meeting that was well attended. He asked to reduce the amount of public employees that attend those meetings. Council Member Magee also stated that the City needs to find a way to hold the Wildlife Agency financially accountable for public health and safety, fire fighting, law enforcement and weed abatement. Council Member Magee announced the Clean Extreme and Lucas Oil events. Council Member Tisdale thanked the public for attending the meeting and Mayor Johnson for appointing him to the Veteran's Memorial Committee. He announced that he and Mayor Pro Tem Manos won the Reality Rally. He thanked Mayor Pro Tem Manos and Detective Deann for being teammates. Council Member Tisdale also thanked Chief Hollingsworth for assisting Mr. Albert. Mayor Pro Tem Manos stated that the issue of the food ministries at the park is starting to move forward. Mayor Pro Tem Manos said that staff will address Code Enforcement issues. He also stated that he appreciated the professional manner in which the Council and staff addressed the controversial issue of the Veteran's Memorial. Mayor Johnson announced new business Aqua Flyboard at the La Laguna boat launch. Mayor Johnson stated that Council does not want to stop the outreach for the food ministries and that the City needs to find a compromise that works for everyone. She thanked the public for their comments and stated that Council is listening. Mayor Johnson stated the City can focus its efforts in working together for food ministries and the Clean Extreme event on Saturday, April 26th. City of Lake Elsinore Page 9 City Council Meeting Minutes ADJOURNMENT April 22, 2014 Mayor Johnson adjourned the meeting at 8:25 p.m. to the next regularly scheduled meeting to be held on Tuesday, May 13, 2014, at the Cultural Center located at 183 N. Main Street, Lake Elsinre, California. Natas�-q Johnson, Virginia UBloom, ity Clerk City of Lake Elsinore Page 10