Loading...
HomeMy WebLinkAbout12-08-2009 City Council MinutesPage 1 of 13 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES December 8`h, 2009 CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, December 8t', 2009 to order at 5:00 p.m. in the Cultural Center, located at 183 North Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tern Melendez, Councilmember Bhutta Councilmember Hickman. ABSENT: Councilmember Buckley. Staff members present included: Administrative Services Director Riley, Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics / Parks and Recreation Director Kilroy, Information / Communication Manager Dennis, Building / Code Enforcement Manager Chipman, and Police Chief Cleary. 5:00 P.M. CONVENE THE MEETING There was no one who wished to speak regarding the Closed Session item. CALL TO ORDER - 5:00 P.M. City Attorney Leibold gave an overview of the Closed Session items for both the City Council and the Redevelopment Agency. RECESS TO CLOSED SESSION Mayor Magee adjourned the meetings to Closed Session at 5:00 p.m. Lake Elsinore City Council Meeting Regular Meeting Minutes of December 8, 2009 Page 2 of 13 CITY COUNCIL CLOSED SESSION (1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases CALL BACK TO ORDER (7:00 P.M.) Mayor Magee called the regular meeting to order at 7:00 p.m. PLEDGE OF ALLEGAINCE The Pledge of Allegiance was led by Mayor Magee. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the audience in a moment of silent prayer. ROLL CALL All Council members were present and a quorum was present. PRESENT: Mayor Magee, Mayor Pro Tern Melendez, Councilmember Buckley, Councilmember Bhutta, and Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Administrative Services Director Riley, Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics and Parks and Recreation Director Kilroy, Information / Communications Manager Dennis, Building and Code Enforcement Manager Chipman, and Police Chief Cleary. Lake Elsinore City Council Meeting Regular Meeting Minutes of December 8, 2009 Page 3 of 13 CLOSED SESSION REPORT City Attorney Leibold gave an overview of the Closed Session items stating there was no reportable action. PRESENTATIONS / CEREMONIALS Elsinore High School's Women's Volleyball Team Mayor Magee and Councilmember Bhutta presented a Plaque of Recognition to Elsinore High School's Women Volley team for winning the 2009 CIF Southern Section Championship. The following team members received individual Certificates of Recognition for their Championship: Miriah Agre, Laine Hicks, Haley Nichols, Elizabeth Culhane, Natalie Williamson, Lauren Quijano, Breanna Becker, Evelyn Arias, Sydney Prochnow, Ashly Soffe, Samantha Bennet, Heather Kyrouac, Kyleen Iverson and Michelle Waber. Coaches Kim Horton and Chip Roberson were also present during the ceremony. Councilmember Bhutta who teaches at the High School stated the team is always there for one another. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE There was no one present who wished to speak regarding a non-agenized item. CONSENT CALENDAR APPROVED (2) Approval of City Council Minutes Recommendation: Approved the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency from October 13, 2009. (b) Joint Study Session City Council / Redevelopment Agency from October 27, 2009. (c) Joint Study Session City Council / Redevelopment Agency / Public Finance Authority from November 10, 2009. (d) Regular City Council meeting from November 10, 2009. Lake Elsinore City Council Meeting Regular Meeting Minutes of December 8, 2009 Page 4 of 13 (3) Warrant List Dated November 30. 2009 Recommendation: Authorized payment of Warrant List dated November 30, 2009. (4) Extension of Total Maximum Daily Load (TMDL) Task Force Agreement Recommendation: Approved Amendment No. 1 to the Lake Elsinore and Canyon Lake TMDL \ Task Force Agreement to extend the term on year (expire on June 30, 2011) and authorize the Mayor to execute the Amendment. (5) Approval of Final Map No. 30495 Recommendation: 1. Approved Final Map No. 30495 subject to the City Engineer's acceptance as being true and correct. 2. City Council authorized the City Clerk to accept all dedications, sign the Map and arrange for the recordation of Final Map No. 30495. (6) Approval of Final Map No. 35563 Recommendation: 1. Approved Final Map No. 35563 subject to the City Engineer's acceptance as being true and correct. 2. City Council authorized the City Clerk to accept all dedications, sign the Final Map and arrange for the recordation of Final Map No. 35563. MOTION was made by Councilmember Bhutta, second by Councilmember Hickman and unanimously carried to adopt the Consent Calendar. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PUBLIC HEARING(S) (7) Regarding the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program APPROVED Lake Elsinore City Council Meeting Regular Meeting Minutes of December 8, 2009 Page 5 of 13 Resolution Establishing A Review Fee Schedule Applicable Under The Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program. Recommendation: 1. Waived further reading and introduced by title only an Ordinance amending Chapter 16.83 to the Lake Elsinore Municipal Code regarding Transportation Uniform Mitigation Fee (TUMF) Program. 2. Selected one of the following alternatives: (a) Adopted Resolution No. 2009-60 establishing a revised fee schedule applicable under the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program excluding the temporary TUMF reduction period; or (b) DID NOT ADOPT a Resolution establishing a revised fee schedule applicable under the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program including the temporary TUMF reduction period. ORDINANCE NO. An Ordinance of the City Council of the City of Lake Elsinore, California amending Chapter 16.83 of the Lake Elsinore Municipal Code Regarding the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program RESOLUTION NO. A Resolution of the City Council of the City of Lake Elsinore, California amending Chapter 16.83 of the Lake Elsinore Municipal Code Regarding the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program excluding the temporary TUMF reduction period; OR RESOLUTION NO. A Resolution of the City Council of the City of Lake Elsinore, California amending Chapter 16.83 of the Lake Elsinore Municipal Code Regarding the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program including the temporary TUMF reduction period; Lake Elsinore City Council Meeting Regular Meeting Minutes of December 8, 2009 Page 6 of 13 Mayor Magee opened the Public Hearing at 7:07 p.m. and requested a Staff Report. Public Works Director / City Engineer Seumalo provided an overview of the proposed modification to Chapter 16.83 of the LEMC. He indicated that he would be available to answer any questions the Council may have and further stated representatives from Western Riverside County Official Government (WRCOG) and Building Industry Association (BIA) are also in attendance. Mayor Magee requested any public speakers to speak either for or against the item. Riverside County's Building Industry Association (BIA) Executive Officer Mark Knorringa, spoke in favor of the modification. He stated the TUMF fees are a uniform fee that helps stimulate the economy and with this modification, it would help put some of the citizen's back to work. He recommended to the Council to adopt the 2009 Nexus Update as well as the 50 percent reduction. Ruthanne Taylor Berger from Western Riverside Council of Governments (WRCOG) spoke in favor of the modification and discussed with the Council how the modification was established through the 2009 Nexus study. Mayor Magee closed the Public Hearing at 7:22 p.m. and brought the discussion to the dais. Councilmember Hickman went over the fees the City had received and paid. He pointed out the reduction in fees would be an incentive to the building industry. Councilmember Buckley pointed out that Lake Elsinore would be the only City in Riverside County to cut the fees and was not in favor of the reduction. Councilmember Bhutta indicated she would need more information before she could support the reduction. MOTION was made by Councilmember Hickman to adopt a Resolution establishing a revised fee schedule applicable under the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program including the temporary TUMF reduction period. MOTION died for lack of second. Lake Elsinore City Council Meeting Regular Meeting Minutes of December 8, 2009 Page 7 of 13 City Attorney Leibold advised procedurally, the Council needs to take action regarding the Ordinance before implementing a Resolution. Mayor Pro Tem Melendez agreed with Councilmember Hickman's comments. She stated at the very least she would like to see an adoption to the 2009 Nexus Fee Study and suggested having the item return to the Council at a later date. MOTION was made by Mayor Pro Tern Melendez, second by Councilmember Hickman to waive further reading and introduce by title only an Ordinance of the City Council of the City of Lake Elsinore, California amending Chapter 16.83 of the Lake Elsinore Municipal Code Regarding the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program and unanimously passed for first reading and a roll-call vote by the City Clerk. AYES: Buckley, Bhutta, Hickman, Magee, Melendez. NOES: None. MOTION was made by Councilmember Buckley, seconded by Mayor Magee with further discussion to adopt Resolution No. 2009-60 establishing a revised fee schedule applicable under the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program excluding the temporary TUMF reduction period. Council discussion continued at this point: Mayor Magee stated he wanted to stimulate growth in the City, however is concerned with the risk of reducing future transportation funds. He stated the adoption of the Nexus study would result in a reduction of fees and is disappointed with the City of Beaumont and disappointed WRCOG took so long to react. He stated the City of Lake Elsinore is on schedule to receive more transportation funds through this program. He stated he supports the Nexus Study but not the 50 percent additional reduction. Mayor Pro Tem Melendez asked what would happen if other cities reduce the fees by 50 percent and other cities don't and how are they going to keep track of the money. Ruthann Taylor-Berger stated WRCOG knows of what each City has adopted and the fee schedule, and tracks them by the checks that are received. Councilmember Hickman asked if it would be possible to go lower. City Attorney Leibold stated the 2009 Nexus Study was the target fee. She Lake Elsinore City Council Meeting Regular Meeting Minutes of December 8, 2009 Page 8 of 13 stated it allowed an one-year 50 percent reduction to stimulate development. She stated the Board has endorsed the individual member jurisdiction discretion to make that decision. Councilmember Bhutta noted that the situation is rather unfortunate. She stated if the fees are cut by 50 percent why there is such a penalty for doing so. Mayor Magee suggested having WRCOG and BIA revisit the entire issue and come back with something more in line with what Mr. Knorringa stated. There being no further discussion, Mayor Magee called for a vote: AYES: Bhutta, Buckley, Magee, Melendez. NOES: Hickman. Passed and adopted the following Resolution: "Resolution No. 2009-60 - A Resolution the City Council of the City of Lake Elsinore, California, establishing a revised fee schedule applicable under the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program including the temporary TUMF reduction period." APPEAL(S) None. BUSINESS ITEM(S) (7) An Ordinance of the City Council of the City of Lake Elsinore. California, amending Chapter 15.72 of the Lake Elsinore Municipal Code regarding Grading Standards APPROVED AS AMENDED FOR THIRD FIRST READING Recommendation: Waived further reading and introduced by title only an Ordinance amending Chapter 15.72 to the Lake Elsinore Municipal Code regarding grading. Lake Elsinore City Council Meeting Regular Meeting Minutes of December S, 2009 Page 9 of 13 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 15.72 OF THE LAKE ELSINORE MINICIPAL CODE REGARDING GRADING STANDARDS BY ADDING SECTION 15.72.065 AND AMENDING SECTIONS 15.72.020, 15.72.030, 15.72.050 SUBPART F AND 15.72.070 SUBPARTS A AND B. Mayor Magee indicated this is a request for a second reading of the Ordinance and invited public speakers to the podium. Hardy Strozier, representative for Castle and Cooke stated Castle and Cooke has not had a chance to review the Ordinance in detail and requested this item be continued. In addition to continuing the item he requested adding language to the Ordinance so there is no confusion about the grading and mining. He stated rather than adopting another law, more administrative procedures would accomplish the same goal. Mayor Pro Tem Melendez suggested adding language that discusses the export of processed material which addresses this concern. It was discussed to amend the proposed Ordinance for a third first reading relating to the export of processed material and include provisions regarding the processing of material for export and commercial sale. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Hickman to waive further reading and introduce by title only an amended Ordinance of the City Council of the City of Lake Elsinore, California, amending Chapter 15.72 of the Lake Elsinore Municipal Code regarding Grading Standards by adding Section 15.72.065 and amending Sections 15.72.020, 15.72.030, 15.72.050 Subpart F And 15.72.070 Subparts A and B AYES: Buckley, Bhutta, Hickman, Magee, Melendez. NOES: None. (8) Annual reorganization of the City Council of the City of Lake Elsinore to select the Mayor and Mayor Pro Tem. Recommendation(s): (1 a) The current Mayor opens the floor to nominations for the office of Mayor: Lake Elsinore City Council Meeting Regular Meeting Minutes of December 8, 2009 Page 10 of 13 1. Received nominations 2. Closed the nominations 3. City Clerk conducted a roll call vote (2b) The newly voted Mayor opens the floor to nominations for the office of Mayor Pro Tem: 1. Received nominations 2. Closed the nominations 3. City Clerk conducted a roll call vote Mayor Magee opened the floor for nominations for Mayor. MOTION was made by Councilmember Hickman and seconded by Councilmember Bhutta to nominate Mayor Pro Tem Melendez as Mayor. AYES: Buckley, Bhutta, Hickman, Magee, Melendez. NOES: None. Newly elected Mayor Melendez thanked her colleagues for putting their trust and support in her by nominating her for Mayor. She then stated she had a few comments to make regarding the other Councilmembers: Mayor Melendez stated when Councilmember Bhutta speaks she has a conviction in her statements. She is diligent and not afraid to attempt new ideas, such as her Shop Locally program. She has proven she has the best for the Community at heart. Mayor Melendez stated Councilmember Hickman is extremely involved in the community and with the residents; he is always there for others behind the scenes serving the community and helping others when no one is looking. She noted he leads by example. Mayor Melendez stated Councilmember Buckley has a practical approach to problem-solve, presenting a well thought-out solution. She noted his services as Redevelopment Chairman has been effective during extreme economic times. Mayor Melendez stated former Mayor Magee displays a high level of diplomacy and conviction, and had the foresight to be pro-active which has placed the City in a better financial position due to his diligence. He has shown remarkable grace under fire, is always positive and a great leader and example. Mayor Melendez thanked the City staff members stating they have always been there for her and have been open and honest in their responses and have made Lake Elsinore City Council Meeting Regular Meeting Minutes of December 8, 2009 Page 11 of 13 themselves available to her regardless of the time of day. She specifically thanked Director Seumalo. Mayor Melendez then thanked her husband for this endurance and support. Mayor Melendez requested nominations for Mayor Pro Tem. MOTION was made by Councilmember Hickman and seconded by Councilmember Buckley to nominate Councilmember Bhutta as Mayor Pro Tem. AYES: Buckley, Bhutta, Hickman, Magee, Melendez. NOES: None. PUBLIC COMMENTS - NON-AGENIZED ITEM - 3 MINUTES Rick Marsh congratulated Mayor Melendez and Mayor Pro Tem Bhutta. He spoke of grading at La Strada suggesting to Council this project should go through an environmental review again for public comments and brought back to City Council for discussion. CITY MANAGER COMMENTS City Manager Brady congratulated Mayor Melendez and Mayor Pro Tem Bhutta and congratulated Chairman Magee and stated it has been a pleasure working with everyone. Saturday Breakfast with Santa Dec. 12 8:30 a.m. Fire Station No. 10 $5.00 Reservations (951) 245-0442 Tuesday Student of the Month Dec. 15 12:00 p.m. - 2:00 p.m. Lake Elsinore Sizzler Restaurant Friday Rock Star Energy Lucas Oil Challenge Cup Saturday 3:00 p.m. Dec. 18 & 19 Lake Elsinore Motor Sports Complex Lake Elsinore City Council Meeting Regular Meeting Minutes of December 8, 2009 Page 12 of 13 Saturday Breakfast with Santa Dec. 19 8:30 a.m. Fire Station No. 85 (McVicker Park) $5.00 Reservations (951) 245-0442 CITY ATTORNEY COMMENTS She congratulated Mayor Melendez and Mayor Pro Tern Bhutta. CITY TREASURER COMMENTS None. LEGAL COUNSEL COMMENTS None COUNCILMEMBERS COMMENTS Councilmember Hickman gave kudos to Big Jim's Restaurant and the Elks Club as both of the establishments fed over 700 guests at Thanksgiving free of charge. He spoke his son just returned from Afghanistan and they would enjoy their Thanksgiving together. Councilmember Magee thanked his colleges for the nomination to the position of RDA Chairman and looks forward to working with RDA vice Chair Buckley. He stated it is an honor and privilege to serve the community. Councilmember Buckley congratulated newly appointed Mayor Melendez and Mayor Pro Tern Bhutta. Mayor Pro Tern Bhutta congratulated Mayor Melendez and stated she knows she will do an outstanding job serving as Mayor. She thanked Councilmember Magee for his year of service as Mayor and reminded everyone the original Christmas Tree farm at the Outlet Center is concluding this weekend, however there is still time to contribute to charity and possibly win a Christmas Tree. Lake Elsinore City Council Meeting Regular Meeting Minutes of December 8, 2009 Page 13 of 13 ADJOURNMENT IN MEMORIUM Councilmember Magee noted a loss of notable citizen Loraine Watts. He stated Ms. Watts was a stellar role-model for everyone she was in contact with. He noted she served as President and Vice Chairman of the Lake Elsinore National African American Civil rights Protection (NAACP) and will be truly missed. He noted some of her many accomplishments and her commitment to improvement and her love of seeing youth succeed. He invited some of Loraine's family members to the podium, her son, "Lehu Lawrence" and her niece, "Rene Swayne" to receive a plaque in honor of Ms. Watts. There being no further business to come before the City Council, Councilmember Magee adjourned the business portion of the meeting at 8:38 p.m. The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday, December 22, 2009, at 7:00 p.m. to be held in the Cultural Center located at 183 North Main Street, Lake Elsinore, CA 92530. V Robert E. Magee,/5Youncilmemt City of Lake Elsi re, California Attest: City Clerk, City of Elsinore, California