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Home My WebLink About2010-03-09 City Council Item No. 2REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 9, 2010 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council minutes are submitted for approval: (a) Joint Study Session City Council / Redevelopment Agency February 9, 2010 (b) Regular City Council Meeting Minutes February 9, 2010 Recommendation Approve the Minutes as submitted. Prepared by: °" Dana C. Porche�f Office Specialist Approved by: Carol Cowley Interim City Cler_A� Approved by: Robert A. Brady(17 City Manager AGENDA ITEM NO. 2 Page 1 of 23 MINUTES JOINT CITY COUNCIL /REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 9, 2010 .............................................................................. ............................... CALL TO ORDER — 4:00 P.M. Mayor Melendez called the Joint Study Session meeting to order at 4:00 pm. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA COUNCIL MEMBER HICKMAN COUNCIL MEMBER MAGEE ABSENT: COUNCIL MEMBER BUCKLEY Also present: 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 Kilroy, Information /Communications Manager Dennis and Interim City Clerk Cowley. CLOSED SESSION 1a. Public Employee Performance Evaluation (Gov't) Code 4 54957): City Manager 1 b. Conference involving a Joint Powers Agency (Southwest Communities Financing Authority) (Gov't Code Section 54956.96) 1c. Conference with Legal Counsel- Existing Litigation (Subdivision (a) of Gov't Code § 54956.9) Delco Hagan vs. City of Lake Elsinore (Court of Appeal, 4th District, Case No E049420) 1d. Conference with Legal Counsel - Existing Litigation (Subdivision (a) of Gov't Code Michel Knight vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10001036) le. Conference with Legal Counsel - Existing Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: 1 potential case Page 2 of 23 Joint City Council Study Session Page 2 of 9 February 9, 2010 PRESENTATIONS / CEREMONIALS None. PUBLIC COMMENTS — NON AGENDIZED ITEMS Anne Bowman, owner and director of the Southwest Pageants requested City Council consider adopting a resolution that would support the Pageant and would be no cost to the City. Council Member Hickman asked if the winner of the pageant would have the opportunity to proceed to the Miss California Pageant. Anne Bowman replied by saying, yes; however this program is not affiliated with the Miss California or Miss America Pageant. Council Member Magee advised during 2006 and 2008 the City Council supported a Miss Lake Elsinore Rodeo Queen which was organized through the Chamber of Commerce. He requested Ms. Bowman to coordinate with the Chamber of Commerce. Mayor Pro Tern Bhutta asked Ms. Bowman what categories the participants would be judged on. Anne Bowman replied by saying they have a sportswear, evening gown and an on- stage question competition. Mark Woods addressed Council regarding grading at La Strada project and indicated his home sustained significant damage caused from the grading and he would be seeking compensation from the property owners. Council Member Magee provided a copy of a letter to Council from the law firm representing the La Strada development. CONSENT CALENDAR 2. Warrant List Dated January 28, 2010 Recommendation: Authorize payment of Warrant List dated January 28, 2010. Mayor Pro Tern Bhutta requested clarification regarding check no. 101947 in the amount of $130.50 and asked if the vendor is located within the City's limits. Administrative Services Director Riley responded by saying, D &S Electric is located within the City. Page 3 of 23 Joint City Council Study Session Page 3 of 9 February 9, 2010 Mayor Pro Tern Bhutta requested clarification regarding check no. 101951 in the amount of $1,295. Administrative Services Director Riley responded by saying the funds were used for an employee recognition luncheon which was held in July 2009. Council Member Hickman requested clarification regarding check no. 101941 in the amount of $190.34. City Manager Brady replied by saying the funds were used for equipment for the Parks and Recreation Department. Council Member Hickman requested clarification regarding check no. 101982 and asked if there is an outstanding balance for Perera Construction. Public Works Director /City Engineer Seumalo replied by saying Pereira Construction is continuing to work on the new Rosetta Canyon Fire station. Council Member Hickman requested clarification regarding check no. 102002 in the amount of $845. Information /Communications Manager Dennis replied by saying the funds were used for a network security device which monitors the incoming email messages to City Hall. 3. Sidewalk Construction — Various Locations Construction Contract Award Recommendations: 1. Award the sidewalk project — various locations to Golden State Constructors, Inc for the amount of $216,168.75. 2. Authorize staff to utilize Measure "A" and SB -821 funds in the amount of $340,000 for the cost of construction, contingency, soil testing, survey, inspection and administration of the sidewalk construction project. 3. Authorize the Mayor to execute the contract with Golden State Constructors, Inc. Mayor Pro Tern Bhutta asked if the City has ever used this company on other projects and if they provided any references. Public Works Director /City Engineer Seumalo replied by saying he did not believe that the City has ever used this company in the past and all of their references were checked. Mayor Pro Tern Bhutta asked who has completed projects like this in the past. Page 4 of 23 Joint City Council Study Session Page 4 of 9 February 9, 2010 Public Works Director /City Engineer Seumalo replied by saying the contractors vary, as the jobs were based on the lowest bidder. Council Member Magee commented on a warning from the Director of CalTrans concerning contractors submitting low bids and then hitting the agency with substantial change orders at the last minute. He recommended staff analyze each bid carefully in order to avoid change orders which could be costly. Mayor Melendez asked when the project would begin. Public Works Director /City Engineer Seumalo replied by saying once Council has approved the item, there would be a pre- construction meeting within two weeks and construction would commence four weeks thereafter. 4. Local Government Waste Tire Cleanup & Amnesty Event Grant Program Recommendations: 1. The City Council adopt Resolution No. 2010 -002, authorizing the submission of an application to the California Integrated Waste Management Board for Grant Funds for waste tire cleanup and amnesty event. 2. Direct the City Manager to execute the grant application with the Director of Public Works as the authorized Designee. Council Member Hickman asked how staff came up with the amount of tires which would be collected. Public Works Director /City Engineer Seumalo replied by saying the estimate is based on a County -wide program. The number is high because the count includes the County. 5. Adoption of Resolution No. 2010 -003 Establishing Fines and Penalties for Parking Violations Recommendation: That the City Council adopt Resolution No. 2010 -003 establishing fines and penalties for parking violations. Mayor Pro Tern Bhutta asked where the increased funds would be applied. City Attorney Leibold responded by saying the State has identified the funds would be applied toward a new court house construction program for the State. Mayor Pro Tern Bhutta asked if staff is aware of when this would commence. Page 5 of 23 Joint City Council Study Session February 9, 2010 Page 5 of 9 City Manager Brady responded by saying staff could take a look at when this would actually go into effect. Council Member Hickman asked if the City would be entitled to any of the fees collected. Building Official Chipman responded by saying the City must pay the processing company and out of the fees collected the City's share is around $40. 6. Custody Agreements with Union Bank for AD 90 -1A and CFD 95 -1 Recommendations: 1. Authorize the City Manager to execute the Custody Agreement between City and Union Bank of California for AD 90 -1 A. 2. Authorize the City Manager to execute the Custody Agreement between City and Union Bank of California for CFD No. 95 -1. 7. Interim City Clerk Personal Services Contract Recommendations: 1. That the City Council confirm the resignation of Debora Thomsen; and 2. That the City Council the attached Personal Services Contract with Carol Cowley. PUBLIC HEARING(S) (8) Resolution Declaring Weeds, Rubbish, Refuse and Dirt a Nuisance: Property Owners to be notified Recommendation: That the City Council adopt Resolution No. 2010 -004 and direct staff to begin the abatement process for this year. APPEAL(S) None BUSINESS ITEM(S) Page 6 of 23 Joint City Council Study Session Page 6 of 9 February 9, 2010 9. Consideration of Citizens' Activity Teams' Volunteer Program Recommendation: Approve moving forward with the Citizens' Activity Teams' volunteer program and included program budget request in the draft FY 2010 -2011 budget. Mayor Melendez asked for clarification of the subtotal. Information /Communications Manager Dennis responded by saying the fees would not include any insurance fees, but rather a one -time purchase of equipment primarily in the area for patrol support and also for promotion of the program such as brochure printing. Mayor Melendez asked if it is necessary to have liability insurance for the volunteers. City Manager Brady responded by saying as part of the risk assessment that was conducted through the Joint Powers Authority, the City would be covered under their policy. 10. Grading Of The Following: 22 Remainder Lots, A Park Site Four (4) Residential Streets, Drainage Ditches, And Processing Of Class II Base Recommendations: 1. By minute action, approve the applicant's requested modifications Grading Permit No. 08 -294 set forth in this Staff Report. 2. By minute action, select which of the three proposed Haul Routes set forth in this Staff Report the applicant shall follow. 3. Alternatives for Addendum: a. If Haul Route 1 or 2 is selected, by minute action, approve the Addendum to Mitigated Negative Declaration (MND). b. If Haul Route 3 is selected, by minute action, reject Addendum and direct staff to prepare further environmental review of Haul Route 3. City Attorney Leibold advised Council that the applicant has requested this item to be pulled and not continued. She stated the decision is up to the Council. She would research more information after closed session. Page 7 of 23 Joint City Council Study Session February 9, 2010 Page 7 of 9 Council Member Magee asked if La Strada Partner's is the applicant or the owner. City Manager Brady responded by saying La Strada Partner's is the applicant. Council Member Magee encouraged Council to take the testimony of any homeowners who would be attending the 7:00 p.m. meeting tonight and if Ed Sauls and the Reality Center were included in the circulation of the notice. Director of Community Development Weiner responded by saying the notice was sent to property owners in a 300 foot radius within the project including Ed Sauls and the Realty Center. Council Member Magee asked City Attorney Leibold if she has heard anything from Air Quality Management District (AQMD). City Attorney Leibold replied by saying she received a response from AQMD and would discuss it further during Closed Session. Council Member Magee spoke of the Negative Declaration and how it addresses the negative air quality. He indicated he could not support the document the way it is written. PUBLIC COMMENTS — NON- AGENDIZED ITEMS None. The City Council recessed and convened to the Redevelopment Agency. REDEVELOPMENT AGENCY Chairman Magee called the meeting to order at 4:30 pm. ROLL CALL PRESENT: CHAIR MAGEE MEMBER BHUTTA MEMBER HICKMAN MEMBER MELENDEZ ABSENT: VICE -CHAIR BUCKLEY Also present: Executive Director Brady, Agency Counsel Leibold, Administrative Services Director Riley, Community Development Director Weiner, Public Works Director /City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Information /Communications Manager Dennis and Agency Secretary Cowley. Page 8 of 23 Joint City Council Study Session February 9, 2010 CLOSED SESSION Page 8 of 9 1 a. Conference with Legal Counsel — Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case 1 b. Conference with Legal Counsel — Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 potential case PUBLIC COMMENTS — AGENDIZED ITEMS None. CONSENT CALENDAR 2. Warrant List Dated January 28, 2010 Recommendation: Authorize payment of Warrant List dated January 28, 2010. 3. Custody Agreement with Union Bank for CFD 90 -2 (Tuscany Hills) Recommendation: Authorize the Executive Director to execute the Custody Agreement between the Redevelopment Agency and Union Bank of California for CFD 90 -2. PUBLIC HEARING(S) None. BUSINESS ITEM(S) TOM There being no further business to come before the Agency Board, the meeting adjourned at 4:31 pm. The City Council reconvened at 4:28 pm. Page 9 of 23 Joint City Council Study Session February 9, 2010 LEGAL COUNSEL COMMENTS Page 9 of 9 City Attorney Leibold announced that the City Council would adjourn to Closed Session at 5:00 p.m. to discuss the items listed as 1a through 1e. BOARDMEMBER COMMENTS None. ADJOURNMENT There being no further business to come before the Council and Agency Board, the meeting was adjourned at 4:33 pm to closed session at 5:00 pm and the regular meeting at 7:00 pm. MELISSA A. MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK REDEVELOPMENT AGENCY SECRETARY ROBERT MAGEE, CHAIRMAN REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE Page 10 of 23 Page 11 of 23 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, FEBRUARY 9, 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, Police Chief Cleary and Interim City Clerk Cowley. PLEDGE OF ALLEGIANCE Mayor Melendez invited Shane Saunders 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 la. Public Employee Performance Evaluation (Gov't Code $ 54957): City Manager M 1c. Conference with Legal Counsel- Existing Litigation (Subdivision (a) of Gov't Code § 54956.9) Delco Hagan vs. City of Lake Elsinore (Court of Appeal, 4th District, Case No E049420) Page 12 of 23 Regular City Council Meeting Page 2 of 12 February 9, 2010 1d. Conference with Legal Counsel- Existing Litigation (Subdivision (a) of Gov't Code § 54956.9) Michel Knight vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10001036) le. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: 1 potential case City Attorney Leibold announced there were five items discussed during Closed Session. She indicated the first item was regarding the City Manager's performance evaluation and the Council gave a positive report. She stated the second item was regarding Joint Powers Agency and stated there was no reportable action. Item three involved existing litigation and stated the litigation is at the Courts of Appeal and there is no reportable action. The fourth item was served at the last City Council meeting and stated City Council has directed the City Attorney to defend the action. She stated the fifth item is regarding one case of anticipation litigation and there is no reportable action. PRESENTATIONS / CEREMONIALS EVMWD Presentation with regards to construction on Lakeshore Greg Morrison with Elsinore Valley Municipal Water District provided a presentation regarding the current construction on Lakeshore which commenced sometime in November 2009. He advised the Council the construction hotline if there are questions or concerns. Mayor Melendez asked if the completion date is anticipated to be ahead of schedule. Greg Morrison replied by saying there is the financial incentive in the contract to motivate the contractor to finish early. PUBLIC COMMENTS — NON- AGENDIZED ITEMS —1 MINUTE Peter Dawson representing the US Coast Guard spoke of boat safety classes consisting of a nine week course which would begin on March 4, 2010 from 7:00 p.m. to 9:30 p.m. He stated there would also be a one -day course available on the 3rd Sunday of each month starting March 21, 2010. He advised the audience and Council that reservations are necessary and to call (951) 202 -1584. David Blake, resident of Lake Elsinore spoke of the Draft General Plan Update and how the plan is very impressive. He encouraged the Council to consider a more detailed vision than what is currently planned. Page 13 of 23 Regular City Council Meeting Page 3 of 12 February 9, 2010 Linda Davis resident of Lake Elsinore spoke of the property located on 208 and 212 Riley Street and the ongoing problem with the properties. She stated the area is a public nuisance to the residents and requested assistance from Council. Mayor Melendez suggested Ms. Davis speak to Police Chief Cleary after the meeting. Martha Bridges spoke of the Recall Election and how it is affecting the surrounding communities and the citizens of Lake Elsinore. She asked if Council Member Buckley has repaid the campaign funds which were mentioned in an article published in the Press Enterprise newspaper. Julie Shellum, resident of Lake Elsinore spoke of the medical marijuana issue and hoped the Council would reconsider having a dispensary in the City of Lake Elsinore. William Lykopoulos, resident of Lake Elsinore spoke in favor of the Medical Marijuana issue and hoped that something positive could result from approving the ordinance. Bill Palmer, resident of Lake Elsinore spoke in favor of the Medical Marijuana issue. Kimberly Ryan, business owner in Lake Elsinore spoke to opposition of street vendors selling products within the City and requested Council assistance. Jose Carvajal representing Lake Elsinore Unified School District addressed some comments made at the last City Council Meeting regarding drug use on Elsinore High School campus. He advised the Council that staff members of Elsinore High School take comments regarding drugs very seriously and want to ensure Council that the District is working diligently to keep drugs off campus. Mayor Melendez pointed out that medical marijuana is not illegal in the City of Lake Elsinore. She also addressed the issue regarding street vendors and indicated the City's Code Enforcement Department monitors the vendors and verify's that a permit has been issued. 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 Page 14 of 23 Regular City Council Meeting Page 4 of 12 February 9, 2010 2. Warrant List Dated January 28, 2010 Recommendation: Authorize payment of Warrant List dated January 28, 2010. 3. Sidewalk Construction — Various Location Construction Contract Award Recommendations: a. Award the sidewalk project — various locations to Golden State Constructors, Inc. for the amount $261,168.75 b. Authorize staff to utilize Measure "A" and SB -821 funds in the amount of $340,000 for the cost of construction, contingency, soil testing, survey, inspection and administration of the sidewalk construction project. c. Authorize the Mayor to execute the contract with Golden State Constructors, Inc. 4. Local Government Waste Tire Cleanup & Amnesty Event Grant Program Recommendation: a. The City Council adopt Resolution No. 2010 -002, authorizing the submission of an application to the California Integrated Waste management Board for Grant Funds for waste tire cleanup and amnesty event. b. Direct the City Manager to execute the grant application with the Director of Public Works as the authorized Designee. 5. Adoption of Resolution No. 2010 -003 Establishina fines and Penalties for Parking Violations Recommendation: That the City Council adopt Resolution No. 2010 -003 establishing fines and penalties for parking violations. 6. Custody Agreements with Union Bank for AD 90 -1A and CFD 95 -1 Recommendations: a. Authorize the City Manager to execute the Custody Agreement between the City and Union Bank of California and AD 90 -1A. Page 15 of 23 Regular City Council Meeting February 9, 2010 Page 5 of 12 b. Authorize the City Manager to execute the Custody Agreement between City and Union Bank of California for CFD No. 95 -1. 7. Interim City Clerk Personal Services Contract Recommendations: a. That the City Council confirm the resignation of Debora Thomsen; and b. That the City Council approves the attached Personal Services Contract with Carol Cowley. PUBLIC HEARING(S) 8. Resolution Declaring Weeds, Rubbish Refuse and Dirt a Nuisance; Propert y Owners to be notified Recommendation: That the City Council adopt Resolution No. 2010 -004 and direct staff to begin the abatement process for this year. Staff recommendations that the City Council adopt Resolution No. 2010 -004 and direct staff to begin the abatement process for this year. Mayor Melendez opened the Public Hearing at 7:30 p.m. Public Works Director /City Engineer Seumalo provided an overview of the project to the Council. Council Member Hickman asked if the weed abatement is only in the months of May and June. Public Works Director /City Engineer Seumalo clarified by saying the public has up to May to clean up their weeds. After the month of May, the City will step in to clean up and would continue to do so until the month of September. Council Member Hickman asked if the City would also trim trees at the same time and whether the clean up include trash and debris. Public Works Director /City Engineer Seumalo replied, Public Works would trim trees and if necessary clear up any trash where it is deemed a public nuisance. Mayor Melendez closed the Public Hearing at 7:36. Page 16 of 23 Regular City Council Meeting Page 6 of 12 February 9, 2010 It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Hickman to approve Resolution No. 2010 -004, establishing weed abatement assessment liens and declaring that certain weeds, rubbish, refuse and dirt as defined in Section 14875 of the Health and Safety Code of LEMC constitute a nuisance and require a notice to be given to the property owner in accordance with division 12, part 5, Chapter 2, of the Health and Safety Code of the State of California and Chapter 8.32 of the LEMC and providing for a Hearing on Objections, together with filing of cost reports and assessments against abutting property owners. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None APPEAL(S) None. BUSINESS ITEM(S) 9. Consideration of Citizens' Activity Teams Volunteer Program Recommendation: Approve moving forward with the Citizens' Activity Teams' Volunteer Program and included program budget request in the draft FY 2010 -2011 budget. Mayor Pro Tern Bhutta advised Council the reasons she wanted to bring this program forward which included having the citizens involved with the City without adding to the cost of existing public safety services. Information /Communications Manager Dennis provided an overview of the staff report to the Council. Council Member Hickman requested a progress report within six months to check the status. Mayor Pro Tern Bhutta thanked Information /Communications Manager Dennis for his presentation and added the City welcomes any volunteers to assist the City. Council Member Magee thanked Mayor Pro Tern for her efforts bringing the volunteer program forward. Mayor Melendez requested clarification regarding the costs associated with the program and requested the equipment not be purchased until the City has volunteers. Page 17 of 23 Regular City Council Meeting Page 7 of 12 February 9, 2010 Information /Communications Manager Dennis replied by saying the estimate of $5,000 was based on surrounding cities estimates. He indicated the estimate is more of a place holder. It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Buckley to approve the Citizens' Activity Teams' Volunteer Program and include a program budget request in the draft FY 2010 -2011 budget. 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. 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 Recommendations: a. By minute action, approve the applicant's requested modifications to Grading Permit No. 08 -294 set forth in this Staff Report. b. By minute action, select which of the three proposed Haul Routes set forth in this Staff Report the applicant shall follow. c. Alternatives for Addendum: 1. If Haul Route a or b is selected, by minute action, approve the Addendum to MND. 2. If Haul Route c is selected, by minute's action, reject Addendum and direct staff to prepare further environmental review of Haul Route 3. Mayor Melendez indicated the applicant has requested to have the item pulled and continued to the March 23, 2010 Regular City Council meeting. She stated there were several individuals who wanted to speak on the matter. Mark Woods, resident of Lake Elsinore spoke in opposition to the project. He indicated his home has sustained damages from erosion, run off from the water, noise and traffic caused by the grading of the project. He also thanked Council for the stop sign at the end of La Strada as it has helped with traffic in the area. Council Member Hickman indicated he would forward the email that was entered into the record and have it sent to the developer. Rick Morsch, spoke in opposition of the Mitigated Negative Declaration which was filed by the applicant. He addressed the damage to Mr. Wood's property and indicated the City needs to take responsibility now. Page 18 of 23 Regular City Council Meeting February 9, 2010 Page 8 of 12 Paul Barath, resident of Lake Elsinore spoke in opposition to the project. He indicated his house is 50 yards from the entrance of La Strada construction project and he has complained to the City's Building and Safety Department. He requested assistance from the City Council regarding these issues. Michael Summers, resident of Lake Elsinore spoke of the possibility of extending La Strada in order to have another exit out of Tuscany Hills. He also addressed his concerns of erosion control and heavy usage of trucks using Summerhill as a route of travel. Edward Fitzpatrick, Executive Vice President of Shopoff Group provided a timeline of the La Strada construction and pictures of the area. He advised Council that the Mitigated Negative Declaration needs to be revised as there are many issues. Mayor Melendez advised the audience that the applicant has requested an addendum to their grading permit and the Mitigated Negative Declaration is to come back to City Council on March 23, 2010. She noted that grading should cease until the item is heard before the City Council on March 23, 2010. Council Member Magee advised the audience the issue is extremely important to the City Council and any violation that should occur needs to be reported to the City's Code Enforcement Department. Mayor Pro Tern Bhutta thanked those who spoke and pointed out that the City Council is listening and would do anything necessary to take care of the situation. Council Member Hickman thanked Mr. Fitzpatrick for providing pictures to the Council. It was moved by Council Member Magee and seconded by Council Member Buckley to continue the item to March 23, 2010; the modifications proposed in this addendum may not proceed in the interim; during the interim, work on the site is limited to remediation activities necessary to bring the site into compliance; staff shall monitor the site and work with the property owners and the site operator to gain compliance with all regulatory requirements; staff shall provide to the City Council a complete compliance record on March 23, 2010 and there will be no more warnings; any violations observed by City staff shall result in an immediate citation. 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 The City Council recessed and convened the Redevelopment Agency at 8:07 p.m. The City Council reconvened at 8:09 p.m. Page 19 of 23 Regular City Council Meeting Page 9 of 12 February 9, 2010 PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Megan Wright, resident of Lake Elsinore spoke in favor of medical marijuana and hoped that their efforts would allow medical marijuana to the citizens of City. Mary Meyers, resident of Lake Elsinore spoke in favor of establishing a City Ordinance that would allow a medical marijuana facility in the City. She expressed her difficulty traveling and how it would be nice to have a safe facility in the City where she would get her medical marijuana. Nicole Bramley, resident of Lake Elsinore stated she sent an email to the Council on January 26, 2010 asking why Council did not attend the medical marijuana meeting held on January 25, 2010 at the City's Cultural Center. She thanked those who responded to her emails and concerns and pointed out the request to have a medical marijuana facility within the City. Wayne Williams addressed concerns of an individual who spoke at the last City Council meeting of the negative impact marijuana can have on students who use the product for recreational purposes. He stated his group supports medical marijuana and does not accept that type of behavior. If approved, the ordinance would prohibit anyone under the age of 21 to purchase the product without a physician's recommendation and would regulate the sale of the product. Lavonne Victor spoke in favor of medical marijuana. She stated medical marijuana is for private membership only and not open to the public. She stated it is the Council's duty to work with the Sherrif's Department, law enforcement and the community who would benefit from the use of the product. She asked the City Council to support the community and to allow a dispensary within the City. Martin Victor owner of Temecula Collective which has since closed stated he has filed a lawsuit with the City of Temecula and warned Council that the same consequences would happen in Lake Elsinore should they not consider the medical marijuana dispensary. Steve Manos, resident of Lake Elsinore spoke on the Recall Election. He stated he has approached citizens to assure them of the election and to vote on February 23, 2010. Page 20 of 23 Regular City Council Meeting Page 10 of 12 February 9, 2010 CITY MANAGER COMMENTS City Manager Brady commented on the following: • Wednesday February 10, 2010 at Flour Fusion there would be a Java Jive from 8:00 p.m. to 9:30 p.m. For information please call Lake Elsinore Chamber (951) 245- 8848. • Saturday, February 14, 2010 Valentine's Day at the Links at Summerly from 5:00 p.m. to 9:00 p.m. The admission is $59.95 per couple and reservations are required. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS No reports. CITY COUNCIL COMMENTS Council Member Magee commented on the following: • He reminded the residents that sandbags are available at the City Yard which is located at 117 Langstaff, Lake Elsinore. He stated, should any resident have any flood related problems, to contact City Hall. • He spoke of the City Manager's annual performance evaluation and how well he is doing. Council Member Hickman commented on the following: • He reminded everyone of Valentine's Day which is on February 14tH • He advised the audience and Council that today is the beginning of the Chinese New Year. Mayor Pro Bhutta commented on the following: • She spoke of a comment that was made earlier of the rampant use of marijuana at Elsinore High School and indicated she has worked there for many years and that is not the case. • She thanked Mr. Brady, Mr. Dennis and staff for all their hard work on the volunteer program. Page 21 of 23 Regular City Council Meeting February 9, 2010 Page 11 of 12 • She asked if any business owner that would be interested in participating or attending a luncheon for the cash value promotion program, which would be occurring this Monday, February 15, 2010 at the Diamond Club. For further information contact the Chamber of Commerce at (951) 245 -8848 Council Member Buckley commented on the following: • He spoke of the comments made by Ms. Bridges regarding an article in the Press Enterprise newspaper regarding Council Member Buckley campaign funds. He indicated the Press Enterprise made a corrected statement regarding the campaign funds and if anyone requests further information, go to www.noelsinorerecall.com • He agreed with Mr. Manos' comments regarding the Recall Election and requested everyone to go out and vote. Mayor Melendez commented on the following: • She thanked the audience for attending the meeting for all their comments and testimony. • She advised the audience on every second Wednesday of each month she will have "Coffee with the Mayor' at Flour Fusion for those who wish to ask the Mayor questions or express their concerns. ADJOURNMENT Mayor Melendez dedicated the meeting in honor of Dave Parks the Riverside County Fire Captain, who recently succumbed to cancer on Friday, February 05, 2010. She advised the Council and audience the funeral for Mr. Parks would be held on Friday, February 12, 2010 at March Air Force Base. There being no further business to come before the Council, the meeting was adjourned at 8:36 p.m. to a regular meeting to be held on Tuesday, February 23, 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 Page 22 of 23 Regular City Council Meeting February 9, 2010 ATTEST: CAROL COWLEY, CITY CLERK CITY OF LAKE ELSINORE Page 12 of 12 Page 23 of 23