Loading...
HomeMy WebLinkAbout2009-02-24 City Council Agenda Item No. 2CITY OF ^ LADE �.. , LSII`I.0K DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 24, 2009 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council Minutes are submitted for approval: a) Joint City Council /Redevelopment Agency Meeting -- February 10, 2009 b) Regular Meeting of the City Council — January 27, 2009. Recommendation Approve the Minutes as submitted. Prepared by: Carol Cowley Interim City Cler Approved by: Robert A. Brady City Manager Agenda Item No. 2 Page 1 of 29 MINUTES JOINT CITY COUNCIL /REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 10, 2009 .................... a .................. noun ............................. Oman... CALL TO ORDER — 4:00 P.M. Mayor Magee called the meeting to order at 4:04 pm. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM MELENDEZ COUNCILMAN BUCKLEY COUNCILWOMAN BHUTTA COUNCILMAN HICKMAN ABSENT: NONE. Also present: City Manager Brady, City Attorney Leibold, Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director /City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Information /Communications Manager Dennis, and Interim City Clerk Cowley. CLOSED SESSION 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) PRESENTATIONS /CEREMONIALS Mayor Magee advised that to night there would be an animal or circus theme to the presentations. The Riverside County Fair and Date Festival begins either next week or the end of this week. Queen Madi Dipietro, and her Court Amariz Mendoza, and Stacy Jones, will be making a presentation and they will be wearing Arab dress. They will be given a certificate and an opportunity to tell about the fair. Then the Future Farmers of America, Desiree and Cody will come up and bring their animals with them. They will be displaying their animals at the County Fair. Following them, Animal Friends of the Valley will be thanked and recognized for everything they do in our valley. Mayor Magee confirmed that the NAACP would have representatives present to accept the proclamation and City Manager Brady advised that he received a call from the Chamber of Commerce and they did not have anyone available to give the update this evening. Agenda Item No. 2 Page 2 of 29 Council recognition of Queen Scheherazade and her Court — Riverside County Fair & National Date Festival Council recognition of Desiree Nordgren — Future Farmers of America Council recognition of Cody Wessel — Future Farmers of America Council recognition of Animal Friends of the Valleys Council recognition of Black History Month — Brian Tisdale, President and Loraine Watts, NAACP Chamber of Commerce Update PUBLIC COMMENTS — NOWAGENDIZED ITEMS There were no public comments. CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approve the following minute(s): a) Joint City Council /Redevelopment Agency Meeting — January 27, 2009 (3) Warrant List Dated January 29, 2009 Recommendation: Authorize payment of Warrant List dated January 29, 2009. Hickman asked questions. Councilman Hickman asked about the following warrants: ■ 98555 to First American Core Logic. The Council was advised that is for a real estate program Code Enforcement uses for tracking foreclosed houses. ■ Warrant No. 98586 to Ortiz Enterprises. Council was informed that was for construction on State Route 74 and confirmed that the contract inspector would be working on that project. ■ Warrant No. 98588 to Perera Construction & Design. Council was informed that is related to Rosetta Canyon Fire Station /Park. (4) Claims Against the City Recommendation Reject the claims of Diane Harrison, Loria Gill, and Heirs of Josue A. Montes and direct the City Clerk's Office to send a letter informing the claimants of the decision. Councilman Hickman asked about the claims against the City for Dexter indicating he drives Dexter every day and he hasn't seen any big holes that tear up his tires. Council was informed that Public Works fill in the pot holes on a daily basis. Agenda Item No. 2 Page 3 of 29 Councilman Buckley asked about the false arrest claim filed by Loria Gill. The City Attorney advised that the claim states she was falsely arrested because of false information given by her employer. (5) Franklin Street Drainage Repair Recommendation The City Council: a) Award the Franklin Street Drainage Repair to Hardy & Harper, Inc. for the amount of $36,575. b) Authorize the Mayor to execute the contract with Hardy & Harper, Inc. c) Authorize the transfer of $36,575 from Gas Tax Fund No. 110 to the Franklin Street Drainage Repair project. Councilman Hickman asked if the City recently did some drainage repairs just past Ellis on one of the streets. Public Works Director /City Engineer advised that the City did some minor drainage repair mostly with asphalt dykes to control the wear, confirming that this project was going to be a storm drain inlet. He added that it was a low point that was not discovered until after the fact. Mr. Seumalo indicated that the work did include crossing the road to connect it to the existing storm drain around the corner requiring the road to be patched after the work is complete. Councilwoman Bhutta asked if these were the only two bids the City received. Staff confirmed that the project was out to bid for a three -week minimum. Mayor Pro Tern Melendez questioned the reason for the seepage and why it was not discovered before the project was completed. Mr. Seumalo indicated he actually discussed this with the project manager and after reviewing the design there was no indication of the drainage problem. Mr. Seumalo confirmed the original contractor was not responsible for this. Staff actually talked to the contractor about it and was shown the original plans and the roadway was constructed to the plans. (6) Professional Engineering Services — Peter Ramey Construction Management Contract Recommendation Authorize the City Manager to enter into a contract with Mr. Ramey to provide Construction Management services for City Capital Improvement Projects. Mayor Pro Tern Melendez asked whether the 11% decrease in rate was for the Rosetta canyon Fire station as well. Mr. Seumalo clarified that it is the cost for Mr. Ramey's services whenever the City uses him. Mayor Pro Tern Melendez asked how long Mr. Ramey would be used as a construction manager. Mr. Seumalo advised that staff intended to use Mr. Ramey's services on current as well as future projects. He clarified that when the City Council awarded the original contract, his services were specifically for the Rosetta Canyon Fire Station Park and the interchange projects. Staff wants to expand his role. Agenda Item No. 2 Page 4 of 29 Councilwoman Bhutta asked if Mr. Ramey's rate was comparable to other people providing similar services. Mr. Seumalo confirmed it was actually a little lower especially for the quality of services the City will be getting. Mr. Seumalo confirmed that Mr. Ramey is budgeted for 40 hours per week, but his services would be on an as needed basis. Mayor Magee asked Mr. Seumalo to elaborate on the tour he and City Manager Brady took with Mr. Edmondson and his brother. Mr. Seumalo advised that Mr. Edmondson identified a couple of locations where he was concerned about the street improvements specifically around Dexter Avenue and Minthorn. He and the City Manager discussed the quality of roads that are being completed with him. He indicatedMr. Edmondson did not seem to be concerned with the CIP projects, but were concerned with the quality of street improvements on private development. Mr. Seumalo reviewed this information with staff who is moving forward to make the corrections so the product the City gets is the best. He indicated a road should last 15 years with proper maintenance before major work has to be done and Mr. Seumalo felt the City is not getting that so they helped us identify what staff needed to do. Mr. Seumalo confirmed that Mr. Ramey was going to help hold that standard stating that Mr. Ramey has had extensive field work experience, knows construction and construction methods and knows when corners are being cut. Mr. Ramey is also very adept at design and is very good at reviewing designs. He assisted staff with Dexter Avenue plan review and found a lot of holes that would have otherwise taken longer for staff to discover. He is raising the bar for staff to fill those holes from a design standpoint through construction where the City sees the results. (7) Approval of Second Annual Frontier Days Recommendation The Mayor and City Council approve the request from the Chamber of Commerce for waiver of Lake Elsinore Municipal Code sections 8.40.040(A) and 9.28.030 and allow alcohol to be served during the Frontier Days event. 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. 2009- and direct staff to begin the abatement process for this year. (9) General Plan Update Discussion Regarding Country Club Heights, the Historic District, and Progress Report/Timeframe Recommendation The City Council direct staff as deemed appropriate. Councilman Hickman asked if there has been a meeting of the minds with Joe Uban. Acting Community Development Director indicated that they have met half way and have made some concessions and Mr. Uban was under the understanding that some areas needed to remain at a lower density because of the topography, infrastructure Agenda Item No. 2 Page 5 of 29 and the other issues at Country Club Heights. He confirmed that the top of the hill would remain hillside. Councilman Buckley addressed the Downtown Master Plan Indicating that once the plan is finished it becomes part of the General Plan so the EIR does not have to be redone even though the maps are technically different they have the same traffic flows and the same number of people. Mayor Magee indicated the part of the Downtown Master Plan he saw was very impressive; however, he wanted to know the designation of the area of property the City owns on the corner of Limited and Spring. He stated it is labeled Waterfront and the City's historic Revised Alternative 1 has it as Floodway. Acting Community Development Director Weiner confirmed the designation is Residential /Mixed Use, for the time being, which would also include commercial, but not institutional. Councilman Hickman asked where City Hall is planned. Acting Community Development Director Weiner advised that City Hall would be located toward the Lakefront District across the street from the City Park. Mr. Weiner advised that staff would be showing a PowerPoint at the 7:00 pm meeting and staff would have a slide to focus on that area to clarify what's there. Councilwoman Bhutta asked what "exceptional architecture" meant in the Downtown Recreational Section on page 3 of 27 in the paragraph stating that all commercial facilities is required to have "exceptional architecture." Mr. Weiner advised that the General Plan would not identify "exceptional architecture," but the Downtown Master Plan document would have very specific design guidelines that will establish those thresholds. Mayor Pro Tern Melendez asked what the definition of Lakefront Recreational was. Mr. Weiner explained that should read Downtown Recreational. She asked for the area where six story high buildings would be allowed. Councilman Buckley responded Indicating the idea is to have office buildings plus space for the train station and three pads for a cluster of office buildings each being limited to a certain number of stories so that together they do not exceed a certain number of stories. Councilman Hickman asked for an explanation of the area designated as Lakefront Recreational. Mr. Weiner explained that based on the discussion at the October meeting, that area would be limited to lake- related recreational uses. He explained further that the area along Riverside Drive was designated Commercial, Commercial - mixed Use all along Riverside Drive to the campground then it becomes Recreational again for a portion leading to Grand in front of the high school. Mayor Magee added that the area between Illinois and Cheney is the area that the previous Council voted to leave as Recreational adding that he was the only one that voted that the property owners ought to have the ability to do something with their property Agenda Item No. 2 Page 6 of 29 APPEAL(S) (10) Continuance of the Appeal of the Planning Commission's Action Relative to the Approval of Conditional Use Permit No. 2007 -18• a Request to Establish a "Tackle & Bait" Shop in Conjunction with a Convenience Store as well as Related On -Site Improvements Located at 1604 W. Lakeshore Drive (APN• 375 - 350 -008 And 039) Recommendation That the appeal of the Planning commission's action to approve Conditional Use Permit No. 2007 -18 for the proposed "tackle & bait" shop located at 1604 W. Lakeshore drive be continued to the regularly scheduled City Council meeting of February 24, 2009. Mayor Magee announced this item was going to be continued so at the 7:00 pm meeting he will ask for a motion to continue the matter to February 24` The City Attorney advised that the public hearing did not need to be opened but Council did need a vote to continue it to a date certain. The City Manager advised that staff needed additional time and the appellant was okay with the continuance. Acting Community Development Director Weiner confirmed for Council that an easement was given for the applicants to have driveway space for proper ingress and egress out of the parking area. He also confirmed that it would not be opened for parking for fisherman and the applicant will asphalt the driveway. Councilman Buckley asked what the City was getting for the easement. Mr. Weiner responded that that was still to be negotiated. If the project is approved then the second step would be to negotiate how that easement is going to work out and what fees, if any. BUSINESS ITEM(S) (11) Resolution of the Agency Adopting the Report to City Council for the Amended and Restated Redevelopment Plans for the Laguna Redevelopment Project Areas No. I. II, and III, Submitting the Report and the Updated Plans to the Citv Council and Consenting to a Joint Public Hearing: and a Resolution of the City Recommendation The City Council adopt Resolution No. 2009 - Acknowledging Receipt of Documents From the Redevelopment Agency of the city of Lake Elsinore Pertaining to the Proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, ll, and III and Consenting to and Calling a Joint Public Hearing with the Agency. Mayor Magee announced that Council would actually bypass this item until after it has been considered it on the Redevelopment Agency Agenda. Agenda Item No. 2 Page 7 of 29 (12) Graffiti Action Plan Adoption Recommendation Approve the Graffiti Action Plan and direct staff to implement education and outreach objectives and technology acquisition within the scope of work shown in the respective FY 2008 -09 General Fund, RDA and CIP budgets. Councilman Hickman acknowledged that he read in the paper that Carlsbad and another City uses Graffiti Tracker or some type of software that has cut down the graffiti drastically. Councilman Hickman asked if staff was cognizant of that and if it would be worth the City doing the same thing. Mark Dennis addressed Council indicating he had a handout for Council and Graffiti Tracker is a proprietary database that is in staff's recommendation. Staff will be contracting with that company to use their software which is part of staff's recommendation. More importantly he wanted to point out the budget recommendations because the newspaper article today was not accurate. He wanted to make it clearly understood that the surveillance program is in the budget. What these figures show is the funding mix. He indicated staff was looking at some law enforcement grant to offset some RDA funds and it appears the city has funds available to do that. Mayor Pro Tern Melendez asked what the timeline for the pilot program was because it is separate from the Graffiti Tracker. Mr. Dennis explained that the reason they appear to be connected is that originally the CIP was going to be one source for those two purchases. However, the Graffiti Tracker is a separate purchase from the surveillance camera project. Graffiti Tracker is something the City can obtain right away. The range of costs is based on the number of incidents. Mr. Dennis added that the schedule indicates that staff would implement the pilot program In April by putting out a bid for the camera equipment in March. He described the technological capabilities of the cameras to Council stating that each camera cost $7,999 and the Graffiti Action Plan called for five cameras. Thereafter followed a lengthy discussion regarding the costs and funding sources for the equipment being recommended for the Graffiti Action Plan. Mr. Dennis explained the changes indicating the CIP was originally proposed to be the funding source for Graffiti Tracker and the digital GPS cameras and the QUESTAR surveillance camera. The costs were too much for the $35,000 so staff is proposing to use the unused Supplemental Law Enforcement Grant funds in the amount of $38,000 for the actual equipment purchase and the $35,000 in CIP funds will be the source for Graffiti Tracker. He explained the Reason for moving these sources around is to better tie the available funds with the purposes of law enforcement, graffiti nexus. He wanted Council to see that the total cost is achievable in the existing funds that are in this 2008 -09 Fiscal Year. Thereafter, Mr. Dennis provided a lengthy explanation of staff's proposal for funding the purchase of the equipment to implement the Graffiti Action Plan and provided details on the cost of the Graffiti Tracker software. Mayor Pro Tern Melendez asked if staff has contacted any other cities who have used this program to find out how it works for them. Mr. Dennis advised that the Graffiti Task Force spent at least eight months doing research and one of the field observations was Agenda Item No. 2 Page 8 of 29 at San Jacinto for the Graffiti Tracker software and QUESTAR cameras. What the task force found in the analysis is that QUESTAR is widely used but there has not been a lot of evidence in the record associating the success rate of that system with other program activities so they want to design a pilot study not only to learn more about these kinds of surveillance equipment but to develop confidence that this is a good use of money for a six thousand dollar camera. He confirmed that the City has not received any new grant funds, but the Supplemental Law Enforcement are grant funds the police have already received and the City will use those funds to help with the pilot program. Mr. Dennis reiterated how the equipment for the Graffiti Program was going to be funded for Councilwoman Bhutta who requested confirmation of her understanding of what had been explained. Councilman Hickman questioned the education and outreach costs for printing, mailing and graphics. Mr. Dennis explained it was for a Graffiti newsletter, helping literature for the businesses and institutions the City would be working with. Councilman Hickman felt that if the reward has been increased and this program was successful, the newspapers could be used as a deterrent rather than spending money for the printing and mailing. Mr. Dennis explained that the community needs to be made aware of the ordinance, the enforcement, penalties and restitution provisions. Thereafter followed a discussion regarding the outreach program. Further explanation on the funding sources was provided by City Manager Brady. Councilwoman Bhutta suggested staff send out a short e-mail to the middle school and high school officials a brief description and information so the teachers can go over it with their students so the students understand the rules and the consequences. Mr. Dennis confirmed for Councilman Hickman that part of the Action Plan's recommendation was to work closely with the schools and campus officers. Councilman Buckley asked if the cameras would be relocated to different areas that have been repeatedly hit, upon request by residents. Mr. Dennis advised that was part of the reason for the pilot program. Staff knows, by recordkeeping where the problems occur and staff will be trying to determine what the deterrent value is plus their effectiveness in actually capturing data that is useful so there is opportunity for the City to work with neighborhoods that are experiencing issues. Mr. Dennis again explained the technology of the cameras and how they work. Councilman Buckley felt the mailer was a good idea because it is the parents that will be responsible for damages and the mailer will be a notice to them of the consequences of their children's actions. Mayor Magee noted the City still had the ability to stuff CRR's bills and expressed his view that when a parent is paying the bill if they get a notice from the City that states they will be responsible to pay for graffiti clean if their child is caught will get their attention. He also felt a notice needed to be mailed out through the schools passing out flyers along with some presentation to different age groups. He did not think it made sense to advertise in the newspapers any more with readership and circulation going down. Agenda Item No. 2 Page 9 of 29 PUBLIC COMMENTS — NON -AGENDIZED ITEMS None. The City Council recessed to the Redevelopment Agency at 4:54 pm. REDEVELOPMENT AGENCY ROLL CALL Chairman Buckley announced the roll call will stand as read. PUBLIC COMMENTS CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): b) Joint City Council /Redevelopment Meeting — January 27, 2009 (3) Warrant List Dated January 29, 2009 Recommendation: Authorize payment of Warrant List dated January 29, 2009. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEMS) (4) Resolution of the Agency Adopting the Report to City Council for the Amended and Restated Redevelopment Plans for the Laguna Redevelopment Project Areas No. I. ll, and III. Submitting the Report and the Updated Plans to the Citv a Joint Public Hearing Recommendation The Agency adopt the Resolution No. 2009- Approving and Adopting the Agency's Report to the City Council on the Proposed Amended and Restated Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II, and No. III, Submitting said Report and the Proposed Amended and Restated Redevelopment Plans to the City Council of the City of Lake Elsinore, and Consenting to a Joint Public Hearing with the City. CLOSED SESSION City Attorney Leibold announced the agenda for the Redevelopment Agency includes Agenda Item No. 2 Page 10 of 29 one item of closed session regarding real property negotiations under the authority of Gov't Code §54956.8. The property is identified by parcel number under Item 1(a); the negotiating parties are the Agency and Pioneer Lumber; under negotiation is price and terms of payment. The City Attorney advised that after the posting of the agenda, the Chairman was notified of the need to add one additional closed session under the authority of Gov't Code § 54954.2 that relates to real property negotiations for properties located at APN 374 -174 -013, 016 and 017, Thomas Martin. That item can be added this evening under the Brown Act upon a motion and a two- thirds vote. Member Bhutta moved to add the item to the agenda, second by Member Magee. The motion unanimously carried by the following vote: AYES: Chairman Buckley, Vice - Chairwoman Bhutta, Member Hickman, Member Magee and Member Melendez. NOES: None. 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 374 - 174 -018, 374 - 262 -013 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Elsinore Pioneer Lumber Company Under negotiation: Price and terms of payment The City council reconvened at 4:57 pm. CLOSED SESSION City Attorney announced the City Council had one item on Closed Session this evening under the authority of Gov't Code Section 54956.9(b); one potential case of anticipated litigation. ADJOURNMENT There being no further business to come before the Agency and Council, the meeting was adjourned at 4:57 pm. ROBERT MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN LAKE ELSINORE REDEVELOPMENT AGENCY ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE Agenda Item No. 2 Page 11 of 29 MINUTES CITY COUNCIL MEETING 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 27, 2009 .......................................... .............................. CALL TO ORDER — 7:00 P.M. Mayor Magee called the meeting to order at 7:05 p.m. PLEDGE OF ALLEGIANCE The Mayor asked Steve Manos to lead the Pledge of Allegiance. INVOCATION — MOMENT OF SILENT PRAYER Mayor Magee led the audience in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM MELENDEZ COUNCILWOMAN BHUTTA COUNCILMAN BUCKLEY COUNCILMAN HICKMAN ABSENT: None Also present: City Manager Brady, City Attorney Mann, Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director /City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Captain Cleary, Chief Hendershot Information /Communications Manager Dennis and Interim City Clerk Cowley. CLOSED SESSION REPORT City Attorney Leibold reported the City Council met in closed session to discuss four items. The first is identified on the agenda as Item 1(a) conference with legal counsel concerning existing litigation which involves the lawsuit by the City of Canyon Lake against the City of Lake Elsinore. The case number is identified on the agenda under the authority of Government Code § 54956.9(a). There is no reportable action on that item, but there is a proposed draft settlement agreement that outlines the basic settlement terms. The second item involves real property negotiations under the authority of Government Code § 54956.8. Agenda Item No. 2 Page 12 of 29 The properties are identified by parcel number on Agenda Item 1(b). The negotiating parties are the City of Lake Elsinore and the property owners Denise and Tim Fleming. Under negotiation is price and terms of payment. There is no reportable action on that item. The last two items involve anticipated litigation under the authority of Government Code § 54956.9(b). Two potential cases were discussed and there is no reportable action on either of those items. 1(a) CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to subdivision (a) of Government Code § 54956.9 – City of Canyon Lake v. City of Lake Elsinore, at al (Riverside Superior Court Case No. 513811 1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) PROPERTY: APN 375-250-026,-027,375-942-015 CITY NEGOTIATOR: City Manager Brady NEGOTIATING PARTIES: City of Lake Elsinore, Denise Fleming, and Tim Fleming UNDER NEGOTIATION: Price and terms of payment 1(c) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: (2 potential cases) PRESENTATIONS /CEREMONIALS Mayor Magee recognized and presented a Certificate of Recognition to Mr. and Mrs. Steve Wallace for their hard work in building the stage where Santa sat at the Winterfest and their dedicated service. He advised that over the last two years Mr. and Mrs. Wallace have donated countless hours to the community and have asked for nothing in return. Steve Wallace thanked Council and urged the community to get out and volunteer to help especially during these times when it is hard to make ends meet and there are so many organizations that need help. Mayor Magee recognized and presented a plaque to Giuseppi's restaurant, Ravioli's, as the City's Outstanding Business of the Year for 2008. He announced that Ravioli's received the Chamber of Commerce's Business of the Year award in the medium size business category, Mayor Magee indicated Giuseppi took a storefront on Main Street and reinvented it to an upper class establishment on Main Street and after getting Ravioli's up and going they purchased the building next door and expanded their business. Mayor Magee thanked Giuseppi for what he has done for the downtown. Agenda Item No. 2 Page 13 of 29 Giuseppi thanked Council for the recognition and award and thanked the community for all the great support they have received throughout the years and for the continued support during these tough times. Council recognition of Chief Deputy Louis Fetherolf. A video was presented to City Council and the audience recognizing Chief Deputy Louis Fetherolf for his six years of service to the residents of the City of Lake Elsinore, first as a lieutenant then as Captain of the Lake Elsinore's Sheriff Station. Thereafter, Mayor Magee presented Chief Deputy Fetherolf with a Certificate of Recognition acknowledging that Chief Deputy Fetherolf saved people's lives; he reduced the crime rate; he reduced traffic fatalities in the community; and cut down the amount of drugs. The work that he did protected the City's children and he can never be thanked enough for that. Mayor Magee presented Chief Deputy Fetherolf with the certificate and thanked him for everything he did for the City. Deputy Chief Fetherolf thanked everyone stating it was clearly his pleasure to work in Lake Elsinore indicating he has not worked for a finer City Manager, for a finer Mayor, for a finer City staff, and with such citizens in his entire career. He felt it was the highlight of his career. He introduced his wife Christine as the love of his life and the one who supports him and allows him to do these things. Help Our People in Elsinore (HOPE) Update presented by Ron Hewison. Mr. Hewison addressed Council indicating that HOPE provides service to the area covered by the school district from Horse Thief Canyon to Clinton Keith across to Layman Village and across Canyon Lake, which is approximately 144 square miles and just over 100,000 residents. He acknowledged the 40 to 50 volunteers who come to HOPE every week and serve the community. He verified that 99% of what HOPE does is feed the seniors, the grandparents, the single parents, the disabled and the unemployed. HOPE's outreach to the homeless is approximately 1% and the growth HOPE has seen doesn't come from the economy. It comes from the fact that the community has a large population of low- income and needy people. Mr. Hewison discussed the CDBG requirements and HOPE exceeds those requirements recommended by HUD. The income level of the individuals helped by HOPE is 25% below the very low income level recommended by HUD. Mr. Hewison said HOPE has obtained a second van which has helped them tremendously and thanked Mike Norkin. He indicated that the demand for assistance has increased so significantly HOPE has had three telephone lines installed and they are adding a software program used by another pantry. Mr. Hewison explained the new database they are installing to track the families they serve as well as issuing ID cards for identification purposes. He advised they are working on seeking hardware equipment, such as flat screens and towers with a goal to be fully computerized by July 1 He advised that HOPE will likely receive funding for food supplies, hotel vouchers, and for rent and mortgage assistance from the Emergency Food and Shelter Funds. HOPE is still working on a collaborative warehouse with pantries in Temecula, Murrieta, Perris, and they are hoping to get one central site which will Agenda Item No. 2 Page 14 of 29 hold the stock for all of the pantries. He updated Council on the number of meals served last year and the number of meals they anticipate serving this year. USDA funding has improved and has come through and they have seen an increase in supplies and are now helping 750 to 2,000 people on the second Saturday of each month. He told Council about the latest program they have introduced "Fresh Rescue" in which Albertson's has partnered with HOPE and gives them thousands of dollars of salads, eggs, milk, deli and meats that they normally throw away. Additional stores are now beginning to help and Hope is now able to help an additional 250 families who don't qualify under the pantry program which will result in servicing about 1,000 families or 3,500 individuals each month. He Informed Council on the success of the Holiday programs indicating HOPE has received increased support from local stores for the clothing program. He thanked everyone in the community or the support because HOPE only hands out what they receive. Mayor Pro Tern Melendez thanked Mr. Hewison for all that HOPE does in the community and asked if there has been any talk with the county or other organizations in partnering with HOPE to develop a program to help people with job searches, or employment skills or the types of things to break the cycle of poverty. Mr. Hewison indicated there hasn't been but he would like to check with DSS to determine what they do. PUBLIC COMMENTS — NON - AGENDIZED ITEMS The Mayor indicated that he has received several requests to speak on the Lake Street Marketplace, which is not on the agenda. Those comments are being held until the end of the meeting at which time each individual will have up to 3 minutes to speak. Donna Franson addressed Council to remind everyone that Thursday, January 29 will be the first quarterly meeting for 2009 of the Lake Elsinore Citizen's Committee. The meeting will be at the Tuscany Hills Recreation Center. Flyers are on the table with directions. The guest speakers will be Mayor Bob Magee who will speak on where the city stands at this time and where it is going and Lt. Russell Wilson of the Lake Elsinore Sheriffs Department will be speaking on gangs, crime, and crime prevention. Thomas Vose, Branch Manager for the Lake Elsinore Library addressed Council regarding the changes that have taken place at the library. He advised of the new carpeting, furniture and the newly opened courtyard area. He also advised Council about the software programs they will purchase with grant funds and all of the programs they are planning to have in the future, including the summer reading program. Agenda Item No. 2 Page 15 of 29 Chris Hyland addressed Council regarding the book published by the Historical Society on Lake Elsinore and its history. The cost is $20 and reminded everyone to purchase a book. She provided her phone number for the audience to call for information. Tim Fleming addressed Council regarding the Riverside County Homeless Count scheduled for the next day. The meeting point will be at the Cultural Center from 7:00 am to 3:00 pm. He thanked the City for its support as well as the volunteers and donations that were made to help with this project. Rick Snow addressed Council regarding East Valley Youth Soccer League which began in 2003 as a non - profit organization in which parents coach their children in a soccer environment and bring them up to the next level. He advised there is a recreational league and a competitive league. The competitive league is part of Cal South which is one of the biggest soccer organizations in the United States. He acknowledged that several of the EVYSL teams have gone on to compete in Cal South and have done very well. He asked the City to recognize the league and encouraged people to register their children indicating sign ups are held at Alberhill, Monday through Friday from 6:00 to 8:00 pm. and at Lake Elsinore Sporting Goods. He noted their website for the audience. Councilman Buckley suggesting that Staff add the information about the various youth sports leagues to the City's website. PUBLIC COMMENTS — AGENDIZED ITEMS CONSENT CALENDAR Councilman Hickman moved to approve the Consent Calendar consisting of Items 2 through 10, excluding Item No. 9 which has been continued; second by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Councilwoman Bhutta, Councilman Buckley and Councilman Hickman. NOES: None. (2) Approval of City Council Minutes Recommendation That the City Council approve the following Minutes: a) Joint City Council /Redevelopment Agency Meeting — January 13, 2009 b) Regular City Council Meeting — January 13, 2009. (3) Warrant List Dated January 15, 2009 Recommendation Authorize payment of Warrant List Dated January 15, 2009. Agenda Item No. 2 Page 16 of 29 (4) Investment Report — December 2008 Recommendation Receive and file. (5) Claims Against the City Recommendation Reject the claims of Yesenia Loza, Nicole Thomas, and Chris Urianza and direct the City Clerk's Office to send a letter informing the claimants of the decision. (6) Notice of completion for Grand Avenue Recommendation The City Council: a) Approve Change Order No. 3 for $40,036. b) Authorize the City Manager to execute Change Order No. 3. c) Authorize the Mayor to sign the Notice of Completion and have the City Clerk file the Notice for recordation. (7) _Appointment to the Western Riverside Council of Governments TUMF Zone Committee Recommendation That the City Council approve the appointment of Mayor Magee as the Delegate and Thomas Buckley as the Alternate to the TUMF Zone Committee. (8) Local Government Waste Tire Cleanup & Amnesty Event Grant Program Recommendation The City Council: a) Adopt Resolution No. 2009 -01. b) Adopt the Purchasing Policy as required by the grant application. c) Direct the City Manager to execute the grant application. (10) Recommendation The City Council: a) Approve the attached Mutual Settlement Agreement and Release, subject to any modification consistent with the above - referenced terms as may be approved by the City Attorney. b) Authorize the Mayor to execute the final form of the Mutual Settlement Agreement and Release on behalf of the City of Lake Elsinore and the individual Councilmembers. c) Authorize the City Attorney to prepare and execute any other ancillary pleadings necessary to make the Mutual Settlement Agreement and release binding upon all parties. Agenda Item No. 2 Page 17 of 29 CONSENT CALENDAR ITEM NO. (9) Mayor Magee announced that after much discussion at the 4:00 pm meeting he would move to continue the item for two weeks and encourage Staff and the elected officials to reach out to the County of Riverside to encourage them to increase their contribution to this road improvement; second by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Councilwoman Bhutta, Councilman Buckley and Councilman Hickman. NOES: None. (9) Agreement between County of Riverside and City of Lake Elsinore for Improvements to Dexter Avenue Recommendation The City Council approve the agreement with Riverside County for the repair and reconstruction of Dexter Avenue and direct the Mayor to execute the agreement with the County of Riverside. PUBLIC HEARING(S) No public hearings are scheduled. APPEAL(S) (11) Conditional Use Permit No. 2008 -17 and a minor Design Review — `Royal Recommendation The City Council either: a) Uphold the Planning Commission's November 18, 2008 decision to approve the Project subject to conditions of approval number 9; or b) Uphold the Planning Commission's November 18, 2008 decision to approve the Project but relieve the applicant from condition of approval number 9; or c) Uphold the Planning Commission's November 18, 2008 decision to approve the Project but with certain modifications to conditions of approval number 9. Acting Community Development Director Weiner provided Council with a report indicating this project is a request to co- locate on a wireless facility on an existing 75 -foot cellular tower which was approved by the Planning Commission in November 2008. The wireless tower is currently located south of Baker Street between Riverside Drive and Pier Street which is southwest of the 1 -15 and the outlet center, on vacant land. Mr. Weiner advised that although this was approved the applicant is appealing Condition of Approval No. 9 which requires Agenda Item No. 2 Page 18 of 29 the tower be stealth, such as a fake tree, or something of that nature, in order to mitigate the visual impact of the tower which is currently visible from the freeway and the outlet center. Mr. Weiner noted the applicant was in the audience. John Dohn, Zoning Manager on behalf of Crown Castle USA addressed Council advising that Crown Castle owns and operates the tower in question. Metro PCS who is also in attendance is proposing to co- locate on the tower, explaining that Metro PCS would be one of Crown Castle's tenants. He advised that Crown Castle appreciates the Planning Commission's approval; however, they respectfully request the City Council listen to their concerns regarding condition No. 9. He indicated that this was approved in 1999 as a minor development permit. The original monopole was approved with a categorical exemption, so the original monopole was exempted from environmental review which means there were no visual impacts at the time. He indicated the only change being considered with Metro is the addition of three small panel antennas flush mounted to an existing tower. They weren't asking for a review of the tower that is already there, only the addition of three antennas. Julian Quattlebaum on behalf of Crown Castle USA/Royal Street Communications addressed Council indicating the original structure was approved in 1999 and one of the conditions in that Conditional Use Permit was a requirement that the applicant agree to allow co- locations on the monopole. This was the result of a conscious decision by the Planning Commission and City Council at that time that the best practices would affect the wireless facilities in Lake Elsinore was to "direct applicants to consider the height of the proposed monopole and /or consider co- location between two or more carriers." He stated the monopole was actually built with additional engineering and additional strength to allow them to accommodate future co- locations additional antennas which involved additional expense. Mr. Quattlebaum indicated this facility is only two years old and was built to higher specification to enable co- location, Now they are being asked to scrap that entire investment and replace it with a facility that even the staff report concedes there is not really any reason for requiring this level of stealth. The site where it was located was carefully chosen. It's on a hillside dominated visually by a water tank, at least a quarter of a mile from the nearest paved road and a ridge line from the south that shields it from all of the residences to the south. The only view is from the back of the outlet mall which is a quarter of a mile away and the freeway, a third of a mile away. He expressed his opinion that the design staff is imposing is not consistent with the approach the Public Utilities Commission has taken when it has addressed these issues and it is not consistent with the approach the City itself has taken. He hoped Council would realize this is not the place, nor is it the time to impose conditions that will run into six figures for such a minor modification. Councilman Buckley expressed his view that all new poles should be stealthed and the City probably should have a Cellular Location Master Plan using public property whenever possible.. However in this case, if it were a tree instead of a Agenda Item No. 2 Page 19 of 29 monopole it would be more noticeable because there is literally nothing else out there. Council Member Buckley moved to uphold the Planning Commission's November 18, 2008 decision to approve the project and relieve the applicant from Condition of Approval No. 9; second by Mayor Pro Tem Melendez who confirmed that the microwave dish would be removed from the proposal. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Councilwoman Bhutta, Councilman Buckley and Councilman Hickman. NOES: None.. BUSINESS ITEM(S) (12) Six (6) Month Review Regarding Conditional Use Permit No. 2008 -09 For Live Music. Dancing, and Entertainment within the Restaurant Area of an Recommendation The City Council consider the following options: a) Bring forward a request to modify the existing CUP in order for the new stage area to be considered, obtain all building division approvals for tenant improvements, and meet all conditions of approval within a specified time frame. b) Order the applicant to demolish (with appropriate building permits) the unpermitted stage, meet all conditions of approval, and obtain building permits for tenant improvements within a specified time frame. c) Refer the item to the Planning Commission for consideration of revocation of the CUP. In addition to the above options, the City Council may also choose to impose additional conditions of approval requested by the Riverside County Sheriff, which include but are not limited to the following: • State licensed and bonded security staffing • Minimum two (2) week notification prior to a heavily attended event taking place • Copies of all proposed advertisements and a list of advertisement locations (websites, radio, newspapers, television, etc.) related to heavily attended events. Acting Community Development Director Weiner advised Council that this was the six month review of CUP 2008 -09 which is a live entertainment use approval for the Trevi Lanes facility. He advised there are two CUP's for this business location. CUP 2007 -01 is for the bowling alley, alcohol, arcade and outdoor dining components of this site. The CUP before Council is CUP 2008 -09 which Agenda Item No. 2 Page 20 of 29 was granted in July 2008 for the live entertainment at the Trevi facility. Mr. Weiner advised there have been inspections on the property and correspondence with the business operator; those items are attached to the staff report for Council's review. There are several conditions of approval that are not being met and the applicant was made aware of these. The applicant has addressed many of these conditions of approval that were deficient. However, one major issue that was brought to the applicant's attention was a 700 square foot stage that was constructed in the sports bar area without approvals. That's really the major condition. There are several others regarding video camera surveillance, graffiti which the applicant has addressed after the City's correspondence with him. The applicant has since submitted a CUP request which was received on January 23 to modify the existing CUP in order to allow the stage and the use to be placed in the sports bar area. Pending Council's action this evening, staff will return to the Planning Commission with that request in the future once staff has all the plans and information. Mayor Magee warned the audience that he would insist upon a professional level of conduct and decorum and will not allow the proceedings to degenerate into a circus or clown -like atmosphere. He requested everyone to keep their testimonies professional and to the point. Mayor Magee also advised that the applicant's attorney, David Bristow was present and he would be given the opportunity to speak last so he could respond to any comments made. Ajay Patel addressed Council indicating the issue they have with Trevi Entertainment is the loud music. The latest incident was on January 10, 2009 during a rave event. After numerous complaints from guests, the Sheriff's Department was called, an officer responded and agreed that the music was loud. The officer went to Trevi to have them lower the music. The music was lowered for awhile and then became loud again. Mr. Patel felt that if the building could be retrofitted to keep the noise inside, there would be no issue for the Best Western Hotel. Jaime Mejia addressed Council in support of Trevi Entertainment. He indicated he is a musician that performs at Trevi. He felt Trevi does a lot for the community mentioning the Toy give -away at Christmas sponsored by HOPE. He felt there were a lot of talented young people in Lake Elsinore who have no where to go who can go to Trevi mentioning some of Trevi's venues. Kenny Belart addressed Council in support of the bowling at Trevi. He, his kids and grandkids bowl at the facility and he has made a lot of friends and he hoped that he could work with Trevi management to work things out because the bowling alley is really needed. Lincoln Ward addressed Council in support of Trevi. He felt it was a good place to bowl and he gets a lot of enjoyment from bowling. He indicated it was a good Agenda Item No. 2 Page 21 of 29 place to go after work, to bowl and relax. He hoped everyone can work together to solve the problems. Amanda Frick addressed Council in support of Trevi. She advised Council that she was a student at Lake Elsinore High School who owns her own company and books shows at the stages in Trevi's. She felt the performances that take place at Trevi's are instrumental in keeping the young people away from drugs and other bad things. Craig Young, the Entertainment director for Trevi Entertainment Center advised Council he just took over the position in late December and his plan, under the guidance of Mr. Knight, is to take better control of the planning and execution of the entertainment and open the venue to more family events and a wide variety of entertainment with jazz, tribute bands, piano shows and classical music. His goal was to work with the City, the community and the law enforcement agencies along with the venue to make a great team. He asked the Council to provide Trevi as much support as possible so he has an opportunity to give back to the community. Andrew Vallejos a Senior Account Associate for RKR Media Associates addressed Council indicating they do the advertising and marketing for Trevi Entertainment. He provided Council with copies of the agreements illustrating the work they have provided for Trevi. Mayor Magee asked Acting Community Development Director Weiner to clarify the issue before Council. Mr. Weiner confirmed the CUP is for the live entertainment and what is known as the Illusions area. The bowling, arcade and outdoor seating for the Illusions area is under a separate CUP. David Bristow, attorney representing Trevi Entertainment and Mr. Knight expressed his opinion that the CUP review was an example of the tension between governmental regulations to protect citizens and private enterprise trying to remain viable and profitable in whatever it's endeavor is. In that regard Trevi has struggled to remain a viable entity and clarified that the CUP for live entertainment is crucial for the entire enterprise to remain viable. He advised that Mr. Knight took over the empty K -Mart building and retrofitted it without any public money. The bowling alley only takes up one portion of the building and the remaining portion of the building has to remain viable and has to provide income to cover the operating costs of the entire building. Both components are necessary for a viable enterprise He concluded that his client's desire is to accept the recommendations made by Chief Cleary with some modifications. He would like to reduce the operating hours for private parties to 2:00 a.m. and he would like a prohibition on any rave parties at the facility. Councilman Hickman expressed his approval of the recommendation made by Captain Cleary and agreed that private events should not go later than 2:00 a.m. Agenda Item No. 2 Page 22 of 29 Councilman Hickman indicated he was impressed with the fact that Mr. Knight has never had any problems with alcohol being sold to minors; he concurred with not allowing rave events and suggested adding a six month CUP. City Manager Brady advised that a time limit cannot be placed on CUPS, but it can be brought back for review. Councilman Hickman suggested the decibel be lowered so that it does not interfere with the best Western Hotel's business. Councilman Hickman moved to approve Captain Cleary's recommendation. The motion died for lack of a second. Councilwoman Bhutta expressed her support of local businesses including Trevi. However, she thinks it very important to insure that certain rules and procedures are followed and the City has to be consistent with all businesses whether new or existing. Public safety has to be number one. Some of the issues discussed dealt with public safety such as doors being padlocked. She felt the City was attempting to work with the business to make sure there is open communication and transparency. She said the City cannot have situations where stages were built without a permit. Councilman Buckley voiced his displeasure with the safety issues that were not addressed. He responded to some of the comments made by the public, the applicant and the applicant's attorney asking how padlocking fire exits is insuring the public's safety. Councilman Buckley felt that shutting the lights off in a parking lot full of people and cars was not a safe way of disbanding people from loitering in the parking lot. He indicated that when the CUP was approved six months ago, he voted against it stating his reasons. Mr. Buckley admonished the applicant regarding his lack of responsibility for the venues that have created some of the issues indicating he was in the entertainment business and it didn't matter if a promoter was hired, it is still the operator's building, it is still the operator's responsibility and when management became aware that there were 1,500 people, management could have stopped allowing people into the building; however, the applicant chose not to do that. Thereafter followed a lengthy discussion regarding the ongoing code compliance issues and the problems that have occurred there resulting in safety and enforcement issues. Mr. Buckley felt the pertinent issue is the simple fact that this establishment has shown a consistent disregard and disdain for the City, for the residents of the City and has put the lives of its customers in jeopardy and that cannot be allowed to happen. Mayor Pro Tern Melendez thanked everyone for coming to address Council and advised Mr. Bristow that his client was in a unique position; a lot of people are counting on him. Therefore Mr. Knight bears a great responsibility not only to his patrons but also to this City. Mayor Pro Tern Melendez stated there were some non - compliance issues in the report some of which hold more weight than others but the biggest issue for her is the fact that public safety has been disregarded. Agenda Item No. 2 Page 23 of 29 She expressed her opinion that constructing a stage may seem benign, but it needs to be inspected by the Fire Department to make sure it is not a hazard. She expressed her concern that if the stage catches fire and someone dies because no one inspected it. She expressed her view that rave events were a dangerous situation because raves typically involve drug use. She hoped Mr. Knight would not allow any raves to take place at his establishment due to safety issue and the drain on the City's resources to disband people from the parking lot which prevents the sheriffs from responding to other calls. She indicated the City Council placed conditions on Trevi and Trevi has not kept their promise to comply with those conditions so she was concerned as to whether Trevi would comply with additional conditions placed on them. She conveyed a message to Mr. Knight that when a ship is at sea, and the captain is sleeping in his bed, if the ship runs aground the captain is still responsible — it is still his fault so Mr. Knight has a responsibility to make sure his ship does not run aground. Mayor Magee asked Acting Community Development Director Weiner if a Karaoke event falls under the City's live entertainment ordinance and if they are required to have a live entertainment permit. Mr. Weiner advised that based on the City's Code, Karaoke could be construed as live entertainment. Mayor Magee asked if other operations in the City were complying with those requirements. Mr. Weiner advised he did not know every facility that is conducting Karaoke, but as far as he knows they are. The Mayor expressed his concern that the City uniformly enforces the codes in this City. Mayor Magee indicated that with respect to Trevi, six months ago it was a very difficult decision to allow the live entertainment use (Illusions) to continue. During that meeting some promises were made that absolutely no further violations of City Codes occur. He indicated that his decision tonight isn't as hard as it was six months ago because the violations have continued. He expressed his disappointment about the report he read; about visiting the facility both inside and out; he stated that he met with Mr. Knight at length and he is disappointed that Council is here yet again with more violations of the City Code. Mayor Magee indicated he was willing to entertain another application for a revised Conditional Use Permit, but he was not at this time willing to continue to allow this type of activity to continue. Councilman Buckley moved to refer this item to the Planning Commission for revocation; second by Mayor Magee. Councilman Hickman asked for an explanation of the motion. Mr. Weiner explained the revocation process takes place at the Planning Commission level. It can be brought back by the Planning Commission, by Staff or by the city Council. The item will be brought to the Planning Commission who would revoke the CUP at a noticed public hearing and the decision of the Planning Commission is appealable to the City Council. Agenda Item No. 2 Page 24 of 29 Councilman Hickman expressed his displeasure with the action Council was taking. Thereafter followed a general discussion among Council and Captain Cleary regarding the incidents that are draining police resources, which is just one of the issues in which Mr. Knight has chosen not to do in his relationship with the City. Captain Cleary indicated he was not opposed to the motion that was made; however in terms of law enforcements issues in general, his biggest concern is those events that are ripe for a tragedy and it has come pretty close. Captain Cleary advised Council about the circumstances that caused the problems the night of the rave event and the necessity to call in resources from the County and Wildomar. The motion carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Council Member Bhutta and Council Member Buckley. NOES: Council Member Hickman. (13) Washington, D.C. Advocacy and Fiscal Year 2010 Federal Agenda Recommendation Approve the proposed 2010 federal agenda and direct staff and The Ferguson Group to prepare and submit the necessary appropriations request documentation and authorize the City delegation to return to Washington, D.C. for meetings on March 2 -3, 2009. City Manager Brady presented a brief staff report indicating that for the past three years, the City has sent a delegation to Washington D.C. to meet with the city's elected officials at the federal level with regards to seeking funding for various projects. He explained that Council had previously approved moving forward with the advocacy and the programs they had recommended. He advised that due to the economic conditions, it was his suggestion at the 4:00 o'clock meeting that it was not necessary for him to accompany the Mayor and Redevelopment Agency Chairman on the trip to Washington D.C. He felt that since both the Mayor and Chairman have gone before they were aware of the process and did not require his attendance. Mayor Magee echoed the comments of the City Manager that during these extraordinary times since the City Manager has lost some of his staff and since the Redevelopment Agency Chairman and he have both been to Washington D.C. before, he felt it wise to be prudent and save the added expense and respectfully request the City Manager to remain at the City. Mayor Magee moved to authorize a delegation of himself as Mayor and the Redevelopment Agency Chair to travel to Washington D.C. and to approve the 2010 proposed federal agenda; second by Council Member Bhutta. After posing a question from Council Member Buckley regarding using the zip drives again, City Manager Brady advised that staff would provide the program Agenda Item No. 2 Page 25 of 29 booklets and any additional information the Council would like to include, staff would work with The Ferguson Group to put that together. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Council Member Bhutta, Council Member Buckley, Council Member Hickman. NOES: None. The City Council recessed to the Redevelopment Agency at 8:42 pm. The City Council reconvened at 8:44 pm. PUBLIC COMMENTS — NON - AGENDIZED ITEMS Mayor Magee indicated he had eight requests to speak from Voters Against Lake Street Market. George McDonough addressed Council as a member of the Voters Against Lake Street Market who are not opposed to Fresh & Easy, but they are against a commercial shopping center in a residential area. He indicated that last weekend they obtained the signatures of over 200 registered voters opposing the Center. They clearly told each resident that traffic was their major concern; not Fresh N Easy. He advised that they were not aware of the project until the Saturday before the Planning Commission meeting and they plan to address the ten objections they have to the Market Place at the February 10 meeting. He stated an identical project was proposed about 12 years ago in the same area and after the 200 -300 voters showed up at the City Council meeting the City Council at that time rejected the application. Mayor Magee advised that he had the opportunity to meet with Mr. McDonough on Friday and told Mr. McDonough that when the developers came forward about three years he told them about the residents' concerns about commercial development and reiterated the case Mr. McDonough brought forward. Mayor Magee encouraged and almost insisted on public outreach on the part of the developers and to find the developers did not do that and that only the bare minimum 300 foot mailing radius occurred has caused him great concern. He directed staff to continue this item off calendar until after the applicant has had the opportunity to do public outreach which staff has agreed to do. Sally Horn addressed Council in opposition to the project indicating that when she and her husband moved to Lake Elsinsore 25 years ago it was very important to them to relocate to a residential area. She met with several council members as to the General Plan and she was assured it would remain residential It isn't desirable to have a home in a commercial area. Agenda Item No. 2 Page 26 of 29 Scott Johnson addressed Council indicating he was opposed to the project. He expressed his concern over the rezoning and the fact the developer already has the project listed on its website as a viable project which leads him to believe that the project has gone further than what he know. He commented on the traffic on Lake Street to the freeway and other roadways in the City that haven't been completed. He felt the City had plenty of commercial space to put these kinds of projects. Dawn Oakes addressed Council in opposition to the project citing her concern with the grading that will take place and with the impact on traffic in her neighborhood where there is only one signal light where they can get out to turn left . She is also concerned that beer and alcohol will be possibly available to theft by minors. She did not think a 13,000 square foot facility is in the best interest for the area. Although she felt Fresh N Easy would be a blessing, she felt it should be in a commercial zone and not in the neighborhood. She requested Council consider the tax base of those people who sought out homes in a quiet neighborhood. Brian Oakes addressed Council in opposition to the project stating he was in full agreement with his wife and the other speakers and stating the General Plan is a document that people depend upon when they move into a City. He felt the project would decrease the value of the homes and expressed his concerns with other problems such as loitering that will result from this development. He encouraged Council to put this development where it should be according to the General Plan in a commercial environment. David Douglas addressed Council in objection to the project advising of an accident he was involved in at the location where the project is proposed. He felt the area was extremely dangerous due to traffic conditions. He did not think this project suitable in this area In light of the dangerous street Aracelli Jimenez addressed Council stating she is a member of Voters Against Lake Street Market. They are not opposed to a Fresh & Easy market but are opposed to a commercial shopping center in a residential area due to many traffic and safety concerns for their children. She advised there are three schools located near the proposed center and many children have to cross either Mountain Street or Lake Street on their way from and to school. Dave Garrison representing Marinita Development, the developer for the proposed project that is being discussed advised Council that they have requested a continuance and he agreed with the Mayor's suggestion that the matter be taken off calendar until such time as they have provided outreach to the neighbors. He apologized for not going as far as they should have. He did contact all of the direct adjacent property owners to explain to them the project. Because the people that are objecting are away from not only the 300 feet radius but from the adjacent property they did not talk to them. He indicated they are Agenda Item No. 2 Page 27 of 29 trying to secure a location to hold a meeting. He strongly urged the residents to come so they can explain their concerns and give the developers an opportunity to explain the project and hopefully mitigate the issues. The Mayor indicated the City could make the Cultural Center available and suggested Mr. Garrison coordinate with the City Manager. The Mayor suggested a link to the City's website in addition to the developer's communicating directly with the residents. CITY MANAGER COMMENTS The City Manager announced /commented on the following: • The spring edition of the City news and activity Guide will be distributed this week. It will be mailed out and delivered to all the homes and places in the City. This edition features articles on the City's new website, Downtown Master Plan Project and new laws of 2009 that will effect the City as well as updates on recreation classes and community events. There are also highlights about the 8th Annual Community 5 -K run, the Children's Fair and the Arbor Day Celebration. • The Downtown Master Plan public workshop is this Thursday, January 29 at the Cultural Center from 6:00 pm to 9:00 pm. Questions or additional information is available by calling the City's Planning Division at 674 -3124. • Sunday, February 1 is the Market Place at the Diamond from 8:00 a.m. to 3:00 pm at the Lake Elsinore Storm Stadium. This will occur every Sunday. • The Household Hazardous Waste Collection will occur on Saturday, February 7 from 9:00 am to 2:00 pm at 521 North Langstaff, just outside the City yard, for additional information call: 674 -3124, ext. 245. • The EDC luncheon series starts back up February 19 from 11:30 am to 1:00 pm at the Diamond Club at the Diamond stadium. CITY ATTORNEY COMMENTS COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS Mayor Pro Tern Melendez announced that she had the opportunity to participate in her first Student of the Month Ceremony earlier that day stating that there is no need to worry about the future. There were some very promising students and she was honored to be invited to take part. Agenda Item No. 2 Page 28 of 29 She also mentioned that work was moving forward at the new Stater Bros. at the McKinley Hills area and congratulated the Businesses of the Year and Barbara Middlebrook, the Citizen of the Year. She also thanked the Wallace family for helping with the Winterfest and Mike Norkin for helping Hope in securing the van. She felt her decision regarding the Trevi issue was a very difficult one to make. She indicated she was very pro- business and wanted to see all businesses succeed and grow but public safety comes first. Councilman Buckley announced the next Joint Powers Authority meeting for the Animal Shelter will be on February 5th at 4:30 pm. at Murrieta City Council Chambers. There will be a short update on the project. He thought Animal Friends was taking pictures once a week of the construction and those pictures were available through a link on the City's website. He also congratulated Ravioli's and Ms. Middlebrook as well as Flour Fusion who won Small Business of the Year - a great success story for the downtown. Council Member Bhutta thanked everyone for coming to the meeting. She reminded everyone to shop locally as much as possible and support the local businesses. She said she looked forward to seeing everyone Thursday evening at the Downtown Master Plan public meeting. She recognized Mayor Magee who was appointed to be the Chairman of the RCTC. Mayor Magee thanked everyone for their attendance and decorum. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:09 pm. ROBERT MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE Agenda Item No. 2 Page 29 of 29