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HomeMy WebLinkAbout01-26-2010 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, JANUARY 26, 2010 CALL TO ORDER Mayor Melendez called the meeting to order at 7:00 pm. PRESENT: Mayor Melendez, Mayor Pro Tern Bhutta, Council Member Buckley Council Member Hickman, Council Member Magee. ABSENT: None. Also present included: City Manager Brady, City Attorney Leibold, 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 / Communications Manager Dennis, and Police Chief Cleary and City Clerk Thomsen. PLEDGE OF ALLEGIANCE Mayor Melendez invited Davin Castro to lead the audience in the pledge of allegiance. INVOCATION - MOMENT OF SILENT PRAYER The Mayor led the audience in a moment of silent prayer. CLOSED SESSION REPORT (1a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GOV'T CODE § 54957): CITY CLERK (1b) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case City Attorney Leibold announced that as to item 1a, regarding the Public Employee Performance evaluation would be discussed at the conclusion of the open session meeting. As to Item lb the City Council unanimously voted to add the Joint Powers Regular City Council Meeting Page 2 of 12 January 26, 2010 Authority Southwest Financing Authority to the agenda for discussion in closed session at 5:00 p.m. She stated the item was discussed and there was no reportable action. PRESENTATIONS I CEREMONIALS Certificates to the Citizens Corps Volunteers Public Works Manager Payne presented certificates to the volunteers of the Citizen Corps. The certificates went to Barbara Alongi, Valerie Sund, James Brady, Barbara Hume, Terry Klien, Michele Klien, Jerry Orozco, and Nancy Huneker. Mayor Melendez thanked each volunteer for their hard training and dedication to the City. Eagle Scout Presentation Mayor Melendez presented a proclamation to Devin Castro for his achievement as an Eagle Scout. Kristen Hike from Assemblymember Kevin Jeffries' office presented Devin Castro with the American Flag from the State Capitol. Devin Castro thanked the Mayor, City Council and Assemblymember Kevin Jeffries' office for the certificate of achievement and for the State Flag. California League of Cities Dave Willmon, League of California Cities for Riverside County Regional Public Affairs Manager spoke of a ballot measure for the November 2010 election. He stated the measure regarding the local tax-payers Public Safety and Transportation Protection Act, builds walls around local government revenues. Councilmember Buckley spoke of the possibility of changing the name of the tax and indicated he felt the measure was a good idea. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Isaac Cochran Jr. spoke on behalf of the Vista Del Lago Homeowners Association regarding the special assessment bond on the property tax which is approximately $1,800 per year. He feels the bond exceeds the property value and asked the City Council if the City has any plans to help or modify the bond. Mayor Melendez suggested Mr. Cochran speak with the Administrative Services Director after the meeting to address his issues. Regular City Council Meeting Page 3 of 12 January 26, 2010 PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None CONSENT CALENDAR It was moved by Council Member Hickman and seconded by Mayor Pro Tern Bhutta to approve Consent Calendar Items 2 through 5. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None (2) Approval of City Council Minutes Recommendation: Approve the following minutes: (a) City Council / Redevelopment Agency / Public Finance Authority Joint Study Session Meeting Minutes December 8, 2009 (b) Regular City Council Meeting Minutes December 8, 2009 (c) City Council / Redevelopment Agency Joint Study Session Meeting Minutes January 12, 2010 (d) Regular City Council Meeting Minutes January 12, 2010 (3) Warrant List Dated January 14, 2010 Recommendation: Authorize payment of Warrant List dated January 14, 2010. (4) Investment Report - December 2009 Recommendation: Receive and file. Regular City Council Meeting Page 4 of 12 January 26, 2010 (5) Notice to the California Department of Water Resources Regarding the City of Lake Elsinore's Adoption of an Updated Water Efficient Landscaping Ordinance Recommendation: a) Authorize the City Manager to send a letter, with supporting documentation, in substantially the form attached, on behalf of the City Council notifying the California Department of Water Resources of the City's adoption of Ordinance No. 1269. PUBLIC HEARING(S) (6) An Interim Urgency Ordinance of The City of Lake Elsinore Enacted Pursuant to Government Code Section 65858 to Extend Interim Urgency Ordinance No. 1268 for an Additional 10 Months and 15 Days and to Continue for this Period the Temporary Prohibition against Establishment and Operation of All Marijuana Manufacturing Activities. a) Waive further reading and adopt by a four-fifths vote the attached Interim Urgency Ordinance by title only: b) Approve the Report prepared by staff on the measures taken so far to alleviate the conditions which led to the adoption of Ordinance No. 1268 placing an Interim Moratorium on the Establishment or Operation of Marijuana Manufacturing Activities. Mayor Melendez opened the Public Hearing at 7:29 p.m. City Attorney Leibold stated on December 22, 2009, the City Council adopted Ordinance No. 1268 which was an urgency ordinance establishing a 45-day moratorium on the establishment of "Marijuana Manufacturing Activities". She stated City Council has the option to extend the moratorium which would give an addition 10 months and 15 days. Mayor Melendez asked the City Clerk and staff if any correspondence had been received. There being no correspondence entered into the record, Mayor Melendez requested anyone to speak either for or against the item. Wayne Williams spoke in favor of the item and indicated he held a town hall meeting at the City's Cultural Center on January 25, 2010, to help those have a better understanding of the urgency ordinance. He stated if the Council needed more time to evaluate various regulatory options, then was the time to do so. Regular City Council Meeting Page 5 of 12 January 26, 2010 Michael Silla spoke in opposition of the item and indicated the numbers of users in the City are increasing. He questioned the Council as to why they would consider promoting a product that is harmful to the users. Tony Barnes spoke in opposition of the item. He expressed how much he loves the City and knows how drugs would have an adverse effect on kids and adults. He recommended the Council not support the item. Mackenzie Gordon, resident of Lake Elsinore and senior at Elsinore High School spoke in opposition of the item. She spoke of the adverse effects it has on her friends and knows that should this be approved it would make it easier for her friends to get the drugs. She hopes that City Council will not approve the item. Karen Crawford, resident of Lake Elsinore stated she is a proud resident of the City. She spoke of the negative reputation that encircles the City regarding drugs and would like to see it improve. She stated, if this item gets approved, it would damage the City's reputation further. Mayor Melendez closed the Public Hearing at 7:48 p.m. Mayor Melendez pointed out to the City Council that she was aware of the town hall meeting held at the City's Cultural Center and indicated she sent Mr. Williams her regrets that she was unable to attend. She further advised to the public that she has received many emails from Mr. Williams and pointed out that the town hall meeting's invitation should have been amended to remove her name. It was moved by Council Member Magee and seconded by Council Member Hickman by title only and waive further reading and to extend interim Urgency Ordinance No.1268 for an additional 10 months and 15 days and continue for this period the temporary prohibition against establishment and operation of all marijuana manufacturing activities. The City Clerk read the title of Urgency Ordinance No. 1268 into the record. The motion unanimously carried by the following roll call vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None APPEAL(S) None. BUSINESS ITEM(S) (7) Police Department Purchase of ALPR Camera System with Asset Forfeiture Funds Regular City Council Meeting January 26, 2010 Recommendation: Page 6 of 12 Staff recommends the Mayor and City Council approve the use of asset forfeiture funds for the purchase of this equipment. City Manager Brady provided the staff report to the Council. Chris Hyland, resident of Lake Elsinore spoke in favor of the system. She indicated the use of the system would decrease the amount of thefts of vehicles increase the number of recovered stolen vehicles, vehicles associated with wanted persons, missing persons and Amber Alert. Council Member Hickman stated the camera system is extremely high tech. He stated the system can actually check up to four license plates per second. Mayor Melendez asked for the cost of the warranty extension. Police Chief Cleary replied by saying the cost would be around $2,000 per year. He strongly encourages keeping the warranty up for as long as possible. He stated the warranty can be extended up to five years. Mayor Melendez asked about the Asset Forfeiture Funds and what the funds would be used for. Police Chief Cleary replied by saying the funds would be used for law enforcement equipment. Mayor Pro Tern Bhutta asked if this equipment would be used primarily for all stolen vehicles for California only. Police Chief Cleary replied by saying primary stolen vehicles in California could be recovered, however some out of state vehicles could also be recovered through the system. Mayor Pro Tern Bhutta asked if this equipment could be used with the Amber Alert System. Police Chief Cleary replied by saying the system could be used with the Amber Alert System. It was moved by Council Member Hickman and seconded by Council Member Magee to approve the use of Asset Forfeiture Funds for the purchase of ALPR Camera System. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None Regular City Council Meeting Page 7 of 12 January 26, 2010 (8) City Council consideration of a City Volunteer Poll cv Recommendation: Consider adoption of the volunteer policy and direct staff to develop implementation procedures. Information/Communications Manager Dennis provided the staff report and a brief presentation to the Council. Mayor Pro Tern Bhutta indicated she has been working with City staff to create the volunteer program and stated more information would be forthcoming at the next meeting. She stated the current policy that is before the Council would provide uniformity and consistency for the City and protect the volunteers. It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Hickman to approve the adoption of the volunteer policy and direct staff to develop implementation procedures. The motion unanimously carried by the following vote: Ayes: Council Member Buckley, Council Member Hickman, and Council Member Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None (9) Climate Action Plan Consultant Selection Recommendation: Staff recommends the City Council authorize the City Manager to enter into a Contract with Rincon Consultants, Inc. to prepare the City of Lake Elsinore Climate Action Plan, in an amount not to exceed $82,018. Director of Community Development Weiner provided the reading of the staff report to the Council. Council Member Buckley stated he hoped whatever plan is created, would include references to the significant questions and concerns of the whole concept. Council Member Hickman asked Director of Community Development Weiner if this would slow down the process of the Draft General Plan Update. Director of Community Development Weiner replied by saying staff has set their time frame very aggressively and this would not have any effect. Mayor Pro Tern Bhutta asked if the plan were approved, when it would it get started. Director of Community Development Weiner replied by saying, if approved the plan would commence immediately. Regular City Council Meeting Page 8 of 12 January 26, 2010 Mayor Pro Tern Bhutta noted there was a incompletion date of July 27, 2010 and asked if it is anticipated to take that long. Director of Community Development Weiner responded by saying, based on the fact that there is a lot that goes into the carbon calculation for green house gas emissions. He is confident it would be completed within that time frame. Mayor Melendez asked for clarification on the timing of the plan Director of Community Development Weiner responded by saying the Housing Element Downtown Master Plan and General Plan may come to the Council in one package. Mayor Melendez stated the last time there was discussion regarding the green house gas she stated she received a negative email. She wanted to make sure that everyone understood the importance of this so the City would not be in jeopardy of litigation. It was moved by Council Member Magee and seconded by Council Member Hickman to authorize the City Manager to enter into a contract with Rincon Consultants, Inc. to prepare the City of lake Elsinore Climate Action Plan, in an amount not to exceed $82,010. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None (10) Appointment of an City Council Ad Hoc Sub-Committee to review the Draft General Plan Recommendation: City Council discuss and approve the appointment of two Council members to an Ad Hoc Sub-Committee to review the Draft General Plan. City Manager Brady provided the staff report. Council Member Magee pointed out that this item was discussed earlier during the Joint Study Session. He indicated he has concerns with the amount of time of the process to date and does not want this to slow down. He stated this may preempt the input from the Planning Commission. Council Member Buckley stated he would not be in favor of the subcommittee making policy changes or recommendations. It was moved by Council Member Hickman to appoint an Ad Hoc City Council Subcommittee to review the Draft General Plan Update. The motion died for lack of second. Regular City Council Meeting Page 9 of 12 January 26, 2010 The City Council recessed and reconvened to the Redevelopment Agency at 8:17 p.m. The City Council convened at 8:44 p.m. The City Council recessed and convened to the Public Finance Authority at 8:44 p.m. The City Council reconvened at 8:45 p.m. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Craig Mowatt expressed his concern of an event that occurred at the Las Palmas Restaurant where large amounts of alcohol were consumed in a short period of time and is concerned for safety of the community. Mayor Melendez suggested Mr. Mowatt speak with Police Chief Cleary. Michel Knight, owner of Trevi Lanes Entertainment spoke of three issues including public safety, the entertainment licensing with other businesses in the City, and the conflict of interest. Mei Knight, daughter of Michel Knight spoke of Jimmy Flores the owner of Las Palmas Restaurant and a Planning Commissioner for the City who she felt is in direct competition with Trevi Lanes. Michel Knight requested Mr. Flores to recluse himself from the last Planning Commission meeting and Mr. Flores declined. Jimmy Flores, owner of Las Palmas Restaurant requested to meet with each Council member in order to explain the occurrences that Mr. Knight and Mr. Mowatt spoke of earlier. He briefly went over the occurrence at his restaurant and feels he was set up. He stated Alcohol Beverage Control reviewed the video and felt there wasn't any criminal activity. CITY MANAGER COMMENTS City Manager Brady commented on the following: • The 61St annual Installation Dinner and Awards Ceremony for the Chamber of Commerce to be held on January 30th at 6:00 p.m. to 10:00 p.m. at the Diamond Club. • Java Jive at the Flour Fusion Restaurant to be held on February 2nd from 8:00 a.m. to 9:30 a.m. He stated the purpose of the event is to offer additional networking opportunities. Regular City Council Meeting January 26, 2010 Page 10 of 12 • Saturday February 6th there would be a household hazardous waste collection which would be held from 9:00 a.m. to 2:00 p.m. outside the City's Public Works Yard located at 521 N. Langstaff. • He thanked staff for their help with cleaning up from the last storm and keeping the City in good shape and functioning as smoothly as possible. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS No reports. CITY COUNCIL COMMENTS Council Member Magee commented on the following: • He commended City staff members for their efforts during the last storm. He stated a true measure of a good leader is someone who trains his staff in order for them to take over when he is gone. He stated the City Manager was away on a prescheduled trip and staff took care of the situation and thanked the City Manager, Public Works and everyone that participated with the clean-up. • He recognized the City of Wildomar for their efforts of clean up along Corydon and Mission Trail. He thanked the City of Wildomar's Public Works staff and their leaders. Council Member Hickman commented on the following: • He spoke of the upcoming Superbowl and wished everyone have a good time. Mayor Pro Bhutta commented on the following: • She indicated more rain is coming and stated she appreciates the rain as the State needs it. • She spoke of the upcoming Superbowl and wished everyone have fun. Council Member Buckley commented on the following: • He spoke of the comments made by Mr. Knight and indicated the Planning Commission made the right decision. Regular City Council Meeting January 26, 2010 Page 11 of 12 • He thanked Mr. Knight for putting in a plug for the Web site "No Elsinore Recall". He indicated Mr. Knight mentioned the incident at Las Palmas Restaurant was video taped and could be viewed on Youtube.com which has the link to No Elsinore Recall. Mayor Melendez commented on the following: • She had the opportunity to host writers from Westways Magazine. She indicated they visited the Storm Stadium, the Lake, Lake Elsinore Motocross, and Annie's Restaurant. She stated they were very impressed and loved the Downtown area. • She had the opportunity to have a interview with the Armed Forces Network which is broadcast to 13 different country's as well as the United States. • She thanked the City staff for their hard work with the flooding due to the recent storms. Council Member Hickman commented on the following: • He wished to dedicate this City Council meeting to Earl Cashmere who was the oldest living football player for Lake Elsinore and graduated in 1938. He stated he was in the Lake Elsinore Hall of Fame for football. ADJOURNMENT City Council recessed to Closed Session at 9:14 p.m. At the conclusion of the City Council closed session discussion pursuant to Agenda Item No. 1 "PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GOV'T CODE § 54957): CITY CLERK" the City Attorney reported that the City Council unanimously accepted Clerk Thomsen's resignation and directed City Manager Brady to secure interim City Clerk services. There being no further business to come before the Council, the meeting was adjourned at 9:45 p.m. to a regular meeting to be held on Tuesday, February 9, 2010, at 7:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530 California. MELISSA A. MELENDEZ, MAYOR CITY OF LAKE ELSINORE Regular City Council Meeting January 26, 2010 ATTEST: DEBR~ SEN CITY CLERK U CITY OF LAKE ELSINORE Page 12 of 12