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HomeMy WebLinkAboutPacketCity Council City of Lake Elsinore Special Meeting Agenda 183 North Main Street Lake Elsinore, CA 92530 Robert Magee, Mayor Natasha Johnson, Mayor Pro Tem Daryl Hickman, Council Member Steve Manos, Council Member Brian Tisdale, Council Member Cultural Center5:00 PMWednesday, February 1, 2017 PUBLIC SESSION at 5:00 PM CLOSED SESSION at 5:15 PM The City of Lake Elsinore appreciates your attendance. Citizens’ interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view the meetings on Channel 31. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 24 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at City Hall prior to the Council meeting and are available on the City ’s website at www.Lake-Elsinore.org. Any writings distributed within 24 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk ’s Department at (951) 674-3124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. CITY VISION STATEMENT The City of Lake Elsinore will be the ultimate lake destination where all can live, work and play, build futures and fulfill dreams. Page 1 City of Lake Elsinore Printed on 1/31/2017 February 1, 2017City Council Special Meeting Agenda CALL TO ORDER 5:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION – MOMENT OF SILENCE ROLL CALL CITY COUNCIL COMMENTS CITY MANAGER COMMENTS PUBLIC COMMENTS – NON-AGENDIZED ITEMS – 1 MINUTE (Please read & complete a Request to Address the City Council form prior to the start of the City Council meeting and turn it in to the City Clerk. The Mayor or City Clerk will call on you to speak.) CONSENT CALENDAR (All matters on the Consent Calendar are approved in one motion, unless a Council Member or any member of the public requests separate action on a specific item.) 1)Alberhill Villages Specific Plan (AVSP) Initiative Election Recommendation:adopt the Resolutions: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 2, 2017, FOR THE SUBMISSION OF A PROPOSED ORDINANCE; and, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR THE FILING OF A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; and, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS; and, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 2, 2017 Page 2 City of Lake Elsinore Printed on 1/31/2017 February 1, 2017City Council Special Meeting Agenda Initiative - SR Initiative - Exhibit A Reso Calling Special Election Initiative - Exhibit B Reso Calling Written Arguments Initiative - Exhibit C Reso Calling Rebuttal Arguments Initiative - Exhibit D Reso for County Services Initiative - Exhibit E Estimate Attachments: CITY COUNCIL CLOSED SESSION The meeting will recess to Closed Session. 1) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) Pacific Clay Products, Inc. v. City of Lake Elsinore Superior Court Case No. RIC 1608797 2) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov’t Code § 54956.9) Pacific Clay Products, Inc. v. City of Lake Elsinore Superior Court Case No. RIC 1611695 RECONVENE CLOSED SESSION REPORT ADJOURNMENT The Lake Elsinore City Council will adjourn to the Regular meeting of Tuesday, February 14, 2017, at 7:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore. AFFIDAVIT OF POSTING I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall at _________ p.m. on January 31, 2017. __________________________ Susan M. Domen, MMC City Clerk Page 3 City of Lake Elsinore Printed on 1/31/2017 Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-059 Agenda Date: 2/1/2017 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 1) Page 1 City of Lake Elsinore Printed on 1/31/2017 Report to City Council To:Honorable Mayor and Members of the City Council From:Susan M. Domen, MMC, City Clerk Date:February 1, 2017 Subject:Alberhill Villages Specific Plan (AVSP) Initiative Election Recommendation adopt the Resolutions: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 2, 2017, FOR THE SUBMISSION OF A PROPOSED ORDINANCE; and, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR THE FILING OF A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; and, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS; and, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 2, 2017 Background On June 10, 2016, a Notice of Intent to circulate a petition, regarding the AVSP, was served on the City Clerk’s Department by proponent Dana Mark Coon. On June 27, 2016, a Ballot Title and Summary were provided to the proponent. The proponent followed all noticing and publishing requirements by July 1, 2016, and provided proof to the City Clerk. On October 11, 2016, the proponent delivered eight boxes containing 192 petitions to the City Clerks Department. After a thorough review it was deemed accepted on October 12, 2016, and delivered to the Riverside County Registrar of Voters for signature verification. Of the 5,088 signatures checked, 4,078 were deemed valid and 1,010 were deemed invalid. On December 13, 2016, the Council ordered a report pursuant to Elections Code Section 9212 to assess the fiscal impact of the proposed initiative and other potential impacts. The report was presented to the Council on January 12, 2017, and made available in the City Clerk’s office for inspection by any person requesting to do so. AVSP Initiative Election Page 2 of 2 On January 23, 2017, the Council called the Special election and adopted Resolutions to ensure the conduct of said election and approved a contract for election consultant services. Discussion Since the last meeting staff has continued to work diligently to perform the duties required to conduct the election in a legal and fiscally responsible manner. During this work, the County of Riverside reconsidered their availability to conduct the election for the City. The County provided confirmation of availability and an estimate (Exhibit E) of $73.000 - $83,000 to conduct the election. Staff is requesting the Council to consider rescinding the Resolutions and agreement adopted and approved on January 23, 2017, and adopt the resolutions attached. In addition, with the rescinding of the original Resolutions the written arguments and rebuttals, the deadline for arguments to be submitted, changed or withdrawn will be February 15th, with a 10-day review period and allowing of rebuttals to be submitted. Fiscal Impact Funding has been appropriated to cover the cost of the election in the City Clerk’s Department Fiscal Year 2016-2017 budget. Exhibits Exhibit A – Resolution calling a Special Election Exhibit B – Resolution for Written Arguments Exhibit C – Resolution for Rebuttal Arguments Exhibit D – Resolution Requesting County Services Exhibit E - Estimate -RESOLUTION NO. 2017 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 2, 2017, FOR THE SUBMISSION OF A PROPOSED ORDINANCE Whereas, pursuant to authority provided by statute a petition has been filed with the legislative body of the City of Lake Elsinore, California, signed by more than 15 percent of the number of registered voters of the City to submit a proposed Ordinance relating to Initiative Measure Revising the Alberhill Villages Specific Plan Governing the Future Development of Approximately 1,400 Acres Located in Northwest Lake Elsinore, South of Interstate 15 and West of Lake Street; and, Whereas,the City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and, Whereas,the City Council has not voted in favor of the adoption of the Ordinance; and, Whereas,the City Council Is authorized and directed by statue to submit the proposed Ordinance to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That on January 23, 2017, the City Council adopted Resolution No. 2017- 001 and is hereby rescinded, repealed and replaced. Section 2. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Lake Elsinore, California, on Tuesday, May 2, 2017, a Special Municipal Election for the purpose of submitting the following proposed ordinance: Shall the Ordinance Initiative Measure Revising the Alberhill Villages Specific Plan Governing the Future Development of Approximately 1,400 Acres Located in Northwest Lake Elsinore, South of Interstate 15 and West Of Lake Street Section 3. That the text of the Ordinance submitted to the voters is attached as Exhibit A. Section 4. That the vote requirement for the measure to pass is a majority (50%+1) of the votes cast. Section 5. That the ballots to be used at the election shall be in form and content as required by law. Section 6. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 7. That the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in § 14401 of the Elections Code of the State of California. CC Reso. No. 2017 – Page 2 of 2 Section 8. That pursuant to Elections Code §12310, a stipend for services for the person named as precinct board members is fixed at the sum of $125 for each inspector and $100 for each Clerk for the election. In addition, the sum of $25 will be given to each precinct board member to attend a training class and a sum of $25 to be given to each inspector to pick up the precinct supplies. The rental for each of polling place, where a charge is made, shall be the sum of $25 for the election. Section 9. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 10. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 11.That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Section 12. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. PASSED AND ADOPTED ON at a Special meeting of the City Council of the City of Lake Elsinore, held on February 1, 2017. Robert E. Magee, Mayor ATTEST: Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. ______ was adopted by the City Council of the City of Lake Elsinore, California, at the Special meeting of February 1, 2017, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk RESOLUTION NO. 2017 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR THE FILING OF A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS Whereas, A Special Municipal Election is to be held in the City of Lake Elsinore, California, on May 2, 2017, at which there will be submitted to the voters the following measure: Initiative measure revising the Alberhill Villages Specific Plan governing the future development of approximately 1,400 acres located in Northwest Lake Elsinore, South of Interstate 15 and West of Lake Street NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the City Council adopted Resolution 2017 – 002 is hereby rescinded, repealed and replaced. Section 2. That the City Council authorizes all member(s) of its body to file (a) written argument not exceeding 300 words regarding the City measure as specified above), accompanied by the printed manes(s) and signatures(s) of the authors(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed, with the printed names(s) and signatures of the authors(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement to be Filed by Author(s) of Argument. Section 3. That City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the office of the City Attorney are affected. a. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the City. c. In the event the entire text of the measure in not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the Ordinance or Measure, please contact the election official’s office at (951) 674-3124 and a copy will be mailed at no cost to you.” d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. CC Reso. No. 2017 – Page 2 of 2 Section 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED ON at a Special meeting of the City Council of the City of Lake Elsinore, held on February 1, 2017. Robert E. Magee, Mayor ATTEST: Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. ______ was adopted by the City Council of the City of Lake Elsinore, California, at the Special meeting of February 1, 2017, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk RESOLUTION NO. 2017 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS Whereas, §9282 of the Elections Code of the State of California provides for written arguments to be filed in favor of or against city measures not to exceed 300 words in length; and, Whereas,§9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the City Council adopted Resolution 2017 – 003 is hereby rescinded, repealed and replaced. Section 2. That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the measure (not exceeding 300 words each) which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument many not be signed by more than five authors. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed names(s) and signatures(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of a least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement to Be Filed by Authors(s) of Argument. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. Section 3. That all previous Resolutions providing for the filing of rebuttal arguments for city measures are repealed. Section 4. That the provisions of Section 1 shall apply to the election to be held on May 2, 2017. Section 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. CC Reso. No. 2017 – Page 2 of 2 PASSED AND ADOPTED ON at an Adjourned meeting of the City Council of the City of Lake Elsinore, held on January 23, 2017. Robert E. Magee, Mayor ATTEST: Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. ______ was adopted by the City Council of the City of Lake Elsinore, California, at the Adjourned meeting of January 23, 2017, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk RESOLUTION NO. 2017 - ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 2, 2017 Whereas, on January 23, 2017, the City Council called a Special Municipal Election to be held in the City of Lake Elsinore, California, on May 2, 2017 for the purposes of considering the adoption of an Ordinance submitted by initiative petition measure; henceforth, known as Measure A; and Whereas, in the course of conduct of the election it is necessary for the City to request services of the County; and Whereas, all necessary expenses in performing these services shall be paid by the City of a Lake Elsinore. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1.That Resolution No. 2017-004 is hereby rescinded, repealed and replaced. That pursuant to the provisions of § 10002 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of the County to permit the County Election Department to provide services by conducting the May 2, 2017, Special Municipal Election on Measure A. Section 2.That the county election department is authorized to canvass the returns of the Special Municipal Election. The election will be held and conducted in accordance with the provisions of law regulating the statewide or Special election. Section 3 That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the Special election. Section 4.That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. Section 5.That the City Clerk is directed to forward without delay to the Board of Supervisors and to the County Election Department, each a certified copy of this resolution. Section 6.That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED at a Special meeting of the City Council of the City of Lake Elsinore, held on February 1, 2017. Robert E. Magee, Mayor ATTEST: Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. ______ was adopted by the City Council of the City of Lake Elsinore, California, at the Special meeting of February 1, 2017, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk