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Home My WebLink About03-23-2010 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 23, 2010 CALL TO ORDER Mayor Melendez called the Joint Study Session to order at 7:09 p.m. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA COUNCIL MEMBER BUCKLEY (arrived at 7:19 p.m.) COUNCIL MEMBER HICKMAN (arrived at 7:25 p.m.) COUNCIL MEMBER MAGEE ABSENT: NONE Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Director of Community Development Weiner, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Information/Communications Manager Dennis, Police Chief Cleary, Fire Chief Hendershot and Interim City Clerk Cowley. PLEDGE OF ALLEGIANCE Mayor Melendez invited Eike Hohenadl to lead the audience in the Pledge of Allegiance. CLOSED SESSION la. Conference with Legal Counsel-Existing Litigation Pursuant to (subdivision (a) of Gov't Code § 54956.9) Michel Knight vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10001036) 1 b. Conference with Legal Counsel-Existing Litigation Pursuant to (Subdivision (a) of Gov't Code § 54956.9) Delco Hagan vs. City of Lake Elsinore (Court of Appeal, 4 m District, Case No. E049420) Regular City Council Study Session Page 2 of 9 March 23, 2010 1c. Public Employee Employment Evaluation Pursuant to (Gov't Code § 54957): City Attorney City Attorney Leibold announced there were three items discussed during Closed Session, which two of the items were continued to the end of the Regular City Council meeting. She indicated there was no reportable action on any of the three items. PRESENTATIONS / CEREMONIALS • Chamber of Commerce Quarterly Update. Kim Cousins, President / CEO of the Lake Elsinore Chamber of Commerce provided the quarterly update. He spoke of the quarterly magazine which can now be viewed on line. He indicated for those who wish to advertise in the magazine for the month of May would need to be received by April 16, 2010. He pointed out that all of the upcoming City activities can be viewed on line through the quarterly magazine. • Recognition of Elsinore High School Basketball Team City Champions (Coach Pete Retinger or Tony Peralta). Mayor Melendez provided recognition of the Elsinore High School Basketball Team City Champions. Council Member Hickman congratulated the team members and Coach's Pete Retinger and Tony Peralta and introduced the entire team. Elsinore High School Principal John Hurst thanked the City Council for the recognition • Recognition of Lake Elsinore Police Officers by Mothers against Drunk Drivers (M.A.D.D.). Mayor Melendez introduced Police Chief Cleary who provided recognition to the Lake Elsinore Mothers against Drunk Drivers (M.A.D.D). Police Chief Cleary stated the current Mission of MADD is to stop drunk driving, support the victims of the violent crimes and prevent under age drinking. He indicated MADD has been instrumental in under age drinking laws and the law enforcement community which is critical in reducing alcohol related deaths and injuries. He stated MADD recognizes Police Officers and agencies that have made an effort to reduce the number of drunk drivers. He recognized Officer's Bradley Bryan, Richard Butts and Fred Boom who were among 115 officers who were recognized by MADD in 2010. Regular City Council Study Session Page 3 of 9 March 23, 2010 • Recognition of Police Officers who participated in Law Enforcement Challenge 2008 Lieutenant Fontneau presented recognition to the Lake Elsinore Police Officers for the State wide Law Enforcement Challenge 2008 Award for their outstanding achievement in traffic safety. • Certificates of Appreciation to the students in the Regional Occupation Program Mayor Melendez introduced Rick DeSantiago who works in the Public Works Division for the City. Rick DeSantiago presented Certificate of Appreciation to the students who participated in the ROP program that helped repair a city owned vehicle which was damaged in an auto accident. The students received hands-on training while saving the City time and money. The students that received the Certificate of Appreciation were from Murrieta Valley High School, Vista Murrieta High School, Paloma High School and Chaparral High School. PUBLIC COMMENTS Chris Hyland, resident of the City addressed the City Council with her concerns regarding Consent Calendar Item 1a, Michel Knight vs. City of Lake Elsinore. Ms. Hyland reviewed the Minutes from February 23, 2010 City Council Meeting and the City Council Agenda for the March 23, 2010 which she felt the citizens should have knowledge of what transpired. She also spoke of former City Clerk Debi Thomsen and how she brought to light to what appears to be election violations by the recall group regarding documents not properly submitted. She expressed her appreciation with all her work. CONSENT CALENDAR 2. Approval of City Council Minutes Recommendation: Approve the following minutes: City Council / Redevelopment Agency / Public Finance Authority Joint Study Session Minutes of February 23, 2010. 2. Regular City Council Minutes of February 23, 2010. Regular City Council Study Session March 23, 2010 3. Warrant List Dated March 15, 2010 Page 4 of 9 Recommendation: Authorize payment of Warrant List dated March 15, 2010. 4. Investment Report -February 2010 Recommendation: Receive and file. 5. Lake Elsinore Municipal Code Waiver for Warrior Dash Race Special Event Recommendation: That the City Council waive the Lake Elsinore Municipal Code section 8.40.040A (alcohol is prohibited in City parks) and 9.28.030 (furnishing alcoholic beverages in public) for the proposed Warrior Dash Race Special Event, subject to compliance with all other conditions for the event. 6. Lake Elsinore Municipal Code Waivers and Approval for Frontier Days Special Event Recommendation: That the City Council waive the Lake Elsinore Municipal Code section 8.40.040A (alcohol is prohibited in City parks) and 9.28.030 (furnishing alcoholic beverages in public) for the proposed Frontier Days Special Event, subject to compliance with all other conditions for the event as approved by the City Manager. 7. Planning Commission Recruitment/Appointment Process Recommendation: It is recommended the City Council (1) Direct staff to proceed with the appointment/recruitment process in order to fill two (2) Planning Commission seats at the June 23, 2010 City Council meeting. 8. Exception to Bid Procedures for Purchases of Engine and Outdrive for Pontoon- barge Recommendation: It is recommended that the City Council approve the exception to bid procedures to bypass the formal bid process and award the purchase to the lowest informal bidder, Boatswain's Locker, in the amount of $17,423.93. 9. Replacement of Country Club Heights Survey Monuments Contract Award Recommendation: It is recommended that City Council (1) award the contract to replace survey monuments in Country Club Heights to KDM Meridian for $32,500; and (2) authorize the Mayor to execute the contract with KDM Meridian. Regular City Council Study Session March 23, 2010 Page 5 of 9 10. Extension of Time for Grant of Temporary Construction Easements to Elsinore Valley Municipal Water District Recommendation: That the City Council approve the extension of time for the temporary construction easements and execute agreement with EVMWD for a six (6) month extension. 11. Quitclaim of 2 Detention Basin Lots within Tract 31706 Recommendation: That the City Council authorize City staff to process a quitclaim deed over lot "KK" of Tract 31706-1 and lot "MM" of Tract 31706-4. 12. Recommendation: That the City Council adopt Resolution No. 2010-013 of intention to vacate the public road easement rights and reserve a public utility easement, an emergency vehicle access easement, and a private road easement. 13. Consultant Selection for Modification and recirculation of the Environmental Impact Recommendation: That the City Council authorize the City Manager to enter into a contract with RFB Consulting to prepare the City of Lake Elsinore Modification and Recirculation of the General Plan Update EIR in an amount not to exceed $35,990.50. 14. Final Construction Change Order for SF - 74 / 1 -15 Interim Interchange Improvements Recommendation: That the City Council (1) Approve the use of Measure-A funds in the amount of $41,000; $31,000 for budget reconciliation and $10,000 for "As Built" plans; and (2) Authorize the City Manager to execute the Contract Change Order. 15. Recommendation: That the City Council receive and file this report. Council Member Buckley advised the public of the recruitment process for the Planning Commission applications which commences April 12th through May 12th 2010. Regular City Council Study Session Page 6 of 9 March 23, 2010 It was moved by Council Member Buckley and seconded by Mayor Pro Tem Bhutta to approve Consent Calendar Items No. 2 through 15. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tem Bhutta and Mayor Melendez. Noes: None PUBLIC HEARING(S) There are none. APPEAL(S) There are none. BUSINESS ITEM(S) 16. Modification to Grading Permit for the project known as La Strada, located within the Northern Portion of the Canyon Creek Specific Plan, To Permit Supplemental Grading of the Following: 22 remainder Lots, A Park site, Four (4) Residential Street, Drainage Ditches and Processing of Class II Base. Recommendation: It is recommended that the City Council continue this matter off calendar. It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Magee to continue the item off calendar. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tem Bhutta and Mayor Melendez. Noes: None 17. Second Reading - an Ordinance of the City Council of the City of Lake Elsinore, Recommendation: It is recommended that the City Council waive further reading and adopt Ordinance No. 1274 by title only: An Ordinance of the City Council of the City of Lake Elsinore, California, amending Chapter 5.48, Sections 5.48.010, 5.48.020, 5.48.030, 5.48.040, 5.48.110 and 5.48.210 of the Lake Elsinore Municipal Code regarding Bingo. It was moved by Council Member Hickman, and seconded by Council Member Magee introduce by title only Ordinance No. 1274 amending chapter 5.48, Sections 5.48.9010, 5.48.020, 5.48.030, 5.48.040, 5.48.110 and 5.48.210 of the Lake Elsinore Municipal Code Regarding bingo. The motion unanimously carried by the roll-call vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None The City Council recessed and convened to the Redevelopment Agency at 7:52 p.m. Regular City Council Study Session March 23, 2010 The City Council reconvened at 7:55 p.m. PUBLIC COMMENTS - NON-AGENDIZED ITEMS None CITY MANAGER COMMENTS City Manager Brady commented on the following: Page 7 of 9 • Thursday, March 25th the Business Networking Mixer which would be hosted by the Storm Baseball from 5:30 p.m. to 7:30 p.m. at the Diamond Club at the Diamond Stadium. • Saturday, March 27th will be the skate Park Anniversary Celebrations from 11:00 a.m. to 1:00 p.m located at the McVicker Canyon Skate Park. For more information please call Dustin Spicer at (951) 674-9000. • Friday, April 2nd the Padres play at the Diamond at 6:05 p.m. For ticket information call (951) 245-4487. • Saturday, April 3`d would be the Children's Fair & Egg Hunt commencing at 10:00 a.m. to 1:00 p.m. at the McVicker Canyon Park. For information, please call (951) 245-0442. • Wednesday, April 7th there would be a Rosetta Canyon community meeting at 6:00 p.m. located at the Earl Warren Elementary School Performing Arts Room which is hosted by the Public Safety Advisory Commission. • Friday, April 29th there would be the Santa Fe Train Station Dedication held at the Lake Elsinore Valley Chamber of Commerce at 10:30 a.m. For further information please call (951) 245-8848. • Saturday, April 10th, there would be the Rosetta Canyon Community Park Dedication Ceremony beginning at 10:00 a.m. at the Rosetta Canyon Community Park. • Wednesday, April 14th there would be the Java Jive held at the Flour Fusion from 8:00 a.m. to 9:30 a.m. He indicated this is an opportunity for networking besides the monthly mixer to Chamber Business members. LEGAL COUNSEL COMMENTS No comments. Regular City Council Study Session March 23, 2010 CITY COUNCIL COMMENTS Page 8 of 9 Council Member Magee commented on Tuesday, April 6th at 9:00 a.m. in front of the Riverside County Board of Supervisors, the Riverside Commission on Women will present their annual Women of the Year Awards. He indicated this year the honoree for the First District is Gina Magee for helping out with Riverside County. Council Member Hickman indicated this weekend the Outlet Center would be having their Easter Egg Program from 10:30 a.m. to 1:00 p.m. He noted the First Baptist of Lake Elsinore is offering an Easter Program this weekend. Mayor Pro Tem Bhutta reminded the audience to continue to shop locally which will help out with the community. She indicated that the Rosetta Canyon Park would be having their dedication and official opening of the Dog Park on April 10th Council Member Buckley noted the celebration of the City's Birthday the Storm Baseball season commences with the Padres and congratulated Gina Magee on her award. He spoke of the Warrior -Race Special Event which is held on April 10th - 11th Mayor Melendez spoke of the Inland Empire Magazine which is distributed on a monthly basis. She stated the last issue has an article regarding the Lake Elsinore Storm on page 92 and suggested reading it as it includes pictures of the community. She wished everyone a Happy Easter. The City Council recessed back into close session at 8:02 p.m. The City Council reconvened at 8:39 p.m. CONTINUED CLOSED SESSION REPORT la. Conference with Legal Counsel-Existing Litigation Pursuant to (subdivision (a) of Gov't Code § 54956.9) Michel Knight vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10001036) City Attorney Leibold announced that City Council has postponed the February 23`d action to uphold the Planning Commission revocation of the Trevi Live Entertainment CUP. She stated the final announcement to this action would be made no later than April 13, 2010. 1c. Public Employee Employment Evaluation Pursuant to (Gov't Code § 54957): City Attorney City Attorney Leibold announced that an amendment to the City Attorney Employment Evaluation/Contract will take place at the next City Council meeting on April 13, 2010. Regular City Council Study Session March 23, 2010 ADJOURNMENT Page 9 of 9 There being no further business to come before the Council the meeting was adjourned at 9:01 p.m. to closed session at 5:00 pm and the regular meeting at 7:00 pm. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERI CITY CLERK CITY OF LAKE ELSINOR