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Home My WebLink AboutCity Council Item No. 2CITY OF ^ LAKE jLSI110KE DREAM EXTREME N REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JUNE 9, 2009 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council minutes are submitted for approval: a) Joint City Council / Redevelopment Agency Study Session April 14th, 2009 b) City Council Meeting Minutes: April 14th, 2009, April 28 2009 Recommendation Approve the Minutes as submitted. Prepared by: Debora Thomsen V City Clerk Approved by: Robert A.. Brady Executive Director CC June 9, 2009 Item No. 2 Page 1 of 59 Page 1 of 11 CITY OF LAKE ELSINORE JOINT CITY COUNCIL / REDEVELOPMENT AGENCY STUDY SESSION - AGENDA REVIEW MINUTES April 14 2009 (not official until approved) CITY COUNCIL CALL TO ORDER — 4:00 PM Mayor Magee called the regular meeting of the Lake Elsinore Joint City Council / Redevelopment Agency Agenda Review Study Session to order at 4:00 p.m. on Tuesday, March 24 2009 in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tern Melendez, Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included 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, Police Chief Cleary, Fire Chief Hendershot, and Information / Communications Manager Dennis. PRESENTATIONS / CEREMONIALS Blue Star Certificate of Appreciation to honor Corporal Chad Nakata, United States Marine Corps Blue Star Certificate of Appreciation to honor Command Sergeant Major Walter Claude- Murray, United States Army Proclamation to recognize Autism Awareness Month Proclamation to recognize National Crime Victims' Rights Week Presentation for Business of the Quarter — Lake Elsinore Outlets Presentation by Ron Hewison for H.O.P.E CC June 9, 2009 Item No. 2 Page 2 of 59 Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for A enda Review Minutes of April 14 2009 Page 2 of 11 Mayor Magee received notification regarding who would be present for each item. CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item.) (2) _Approval of City Council Minutes Recommendation: Approve the following minute(s): (a) Joint City Council / Redevelopment Agency — March 24, 2009 (b) Regular Meeting of the City Council — March 24, 2009 Discussion was held regarding Page 28 of the minutes. (3) Warrant List Dated March 31, 2009 Recommendation: Authorize payment of Warrant List dated March 31, 2009. Mayor Pro Tern Melendez questioned a $1,200. charge to which Director of Lake and Aquatics Kilroy responded. Councilmember Hickman questioned Warrant No.99085 regarding the specific items to which Acting Administrative Services Director Riley stated he would research and provide an answer to Councilmember Hickman. A question was raised regarding Soccer Leagues and a current agreement. (4) Claim Against the City Recommendation: Reject the claim of Marian Heller and direct the City Clerk's Office to send a letter informing the claimant of the decision. Councilmember Hickman verified if the City was facing any liability regarding this item, in which City Attorney Leibold responded there was no liability on the City's behalf. (5) Award of Professional Service Contract for the Desiqn of Lakeshore Drive Overlay Recommendation: CC June 9, 2009 Item No. 2 Page 3 of 59 Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for A enda Review Minutes of April 14 2009 Page 3 of 11 Award the consultant contract to Winzler & Kelly, Consulting Engineers for an amount not to exceed $72,300 for preparation of plans and specifications of Lakeshore Drive. The Council had several questions for staff: Councilmember Bhutta questioned why we are changing Contractors now? Councilmember Hickman asked if the needed repair of the sewer line could be coordinated with the construction of the overlay, and if this repair work would affect the proposed Bait & Tackle Shop on Lakeshore Drive? Mayor Magee asked about the timeline of the project including when the bid and award phase would take place, and if everything could be complete by the end of the year. Public Works Director / City Engineer Seumalo responded to Council's questions stating after working with the original Contractor during the pre- design phase, he was uncomfortable and therefore Staff had determined to change to another Contractor. Regarding the scheduling of the actual construction work overlay and the sewer repair work (6) Sidewalk Design, Various Locations — Consultant Contract Award Recommendations: (1) Award the City's Sidewalk Project Design to consulting firm of KDM Meridian for the amount of $29,950. (2) Authorize the Mayor to execute the contract with KDM Meridian. (3) Authorize the transfer of $100,000 from funding No. 112 — Measure A and transfer it to Sidewalk Project. Mayor Magee asked Director Seumalo if it were possible to utilize last year's funds and requested an update of fund status to which Director Seumalo responded. (7) Restated and Amended Joint Exercise of Powers Agreement Creating Riverside County Habitat Conservation Agencv and Incomoratina the 11 Implementation Agreement - NO COMMENTS / QUESTIONS Recommendation: Approve the 11 Amendment to the Joint Powers Agreement and the 1 5 ` Amendment to the Implementation Agreement. (8) Edward Byrne Memorial Justice Assistance Grant (JAG) Recommendation Approve the application for these JAG Grant Program Funds offered by the Bureau of Justice Assistance as part of the "Recovery Act" of 2009. CC June 9, 2009 Item No. 2 Page 4 of 59 Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for Agenda Review Minutes of April 14 , 2009 Page 4 of 11 The Council had several questions for staff: Councilmember Bhutta asked if the Grant Funds received could be used to thwart graffiti. Mayor Magee questioned the uses the Grant (such as deterring illegal off - roading) and the number of officers and patrol hours $17,000. could fund. Response was given by Lake Elsinore Police Chief Joe Cleary and Information / Communications Manager Dennis. Manager Dennis replied stating this Grant could not be used towards implementing the graffiti program. In addition, he stated discussion has been ongoing with the Orange County SherrifFs Department regarding the system the City is currently looking at. Police Chief Cleary stated the Police Department already has vehicles to fight off -road trespassing. He further stated the number of man hours the Grant could fund needs to be calculated. PUBLIC HEARING(S) (9) Public Hearing for Tentative Tract Map No. 30495 Recommendations The City Council: (a) Adopt a Resolution adopting findings that the project is exempt from the Multiple Species Habitat Conservation Plan (MSHCP). (b) Adopt a Resolution approving Tentative Tract Map No. 30495. Director Seumalo gave an update of this item. (10) Zoning Ordinance Text Amendment No. 2009 -01: A Modification to Multiple Sections of the Lake Elsinore Municipal Code (LEMC) in Order to Define Religious Assembly, Institutions and Structures, and to Broaden Certain Land Recommendations: The City Council: (a) First reading of an Ordinance approving Text Amendment No. 2009 -01 in order to amend Sections 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, and 17.132.030 of the LEMC waive further reading; and (b) Adopt a Resolution approving Negative Declaration No. 2009 -01. Mayor Pro Tern Melendez questioned City Attorney Leibold regarding Page 6 why information is lined out and if there was a maximum of years. CC June 9, 2009 Item No. 2 Page 5 of 59 Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for A enda Review Minutes of April 14 2009 Page 5 of 11 Attorney Leibold responded stating on Page 6, the information lined out was redundant and was not necessary to state. In response to a time limit, she stated a Conditional Use Permit (CUP) is not granted by terms in years, but clarifies uses. (11) Public Hearing for Consideration of Objections to the City's Weed Abatement Program Recommendation Open the public hearing and give due consideration to any objections presented by the public on the date. Mayor Magee questioned Director Seumalo if he had received any written objections, to which Director Seumalo replied no. (12) A Continued Joint Public Hearing of the Agency Board and City Council to consider the Proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, ll, and lll. Recommendation The City Council defer consideration of this item until such time that the Agency Board opens its regularly scheduled April 14, 2009 meeting and at that time conduct a Joint Public Hearing with the Agency Board in accordance with the recommendations set forth in the Agency Board's Agenda. Mayor Magee stated this item would be deferred to the Redevelopment portion of the meeting: (13) Mitigated Negative Declaration No. 2008 -10, General Plan Amendment No. 2008 -01. Zone Change No.2008 -02. and Commercial Design Review No. 2008 -09 for a project identified as "Lake Street Market Place" Recommendations (1) Adopt a resolution adopting findings that the Project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). (2) Adopt a Resolution adopting Mitigated Negative Declaration No. 2008 -10. (3) Adopt a Resolution approving General Plan Amendment No. 2008 -01. (4) First reading of an Ordinance approving Zone Change No. 2008 -02, and waive further reading. (5) Adopt a Resolution approving Commercial Design Review No. 2008 -09. Mayor Magee acknowledged that this item is emotional to many of those present in the audience and requested everyone to be professional. CC June 9, 2009 Item No. 2 Page 6 of 59 Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for Agenda Review Minutes of April 14 , 2009 Page 6 of 11 George McDonough gave handouts to the Council. He stated he had received a letter in the mail by an Attorney (which was included in the handout). The letter reads as if those who are against the proposed Lake Street Market Place hired the Attorney. Mr. McDonough stated they have not, nor have they initiated any contact with the Attorney; they have not responded to the letter Mr. McDonough received. Mayor Magee confirmed with Mr. McDonough the Attorney does not represent the opponents. Araceli Jimenez turned in a petition of approximately 300 residents who are in opposition of the Lake Street Market Place. In addition, to the petition, a map reflecting where the people live by street location was received. Ms. Jimenez stated in the past she has expressed many reasons for her objections to this project, especially one personal reason, her husband has Valley Fever. She stated in Riverside County there have been 9 confirmed deaths due to this disease. Mayor Magee asked Ms. Jimenez if this Attorney represented her. Ms. Jimenez responded she heard about this letter on Easter, but that she did not contact the Attorney. Mayor Magee expressed his concern that the opposition for this project has now exceeded the City limits, yet this Attorney does not have an interest. David Garrison, a representative for Marinita Development Company spoke in favor of the project. He stated the petition the opponents turned in should be taken with a "grain of salt." Mr. Garrison also turned in surveys, which was conducted by the Alberhill Homeowners Association, and found most of the residents are in favor of the project. Mr. Garrison stated he met with the 3 closest homeowners to the proposed project who stated they would not approve a temporary construction easement. Regarding the petition the opponents turned into Council, he noted they went to a large grocery to obtain signatures, and distributed negative flyers regarding the project. Mr. Garrison expressed his concern for Ms. Jimenez's husband noting the disease is carried by particulates and noted the severity of his illness. Mr. Garrison referenced the Negative Declaration for the project, noting it does not identify any problems and was approved by the City. Mr. Garrison requested a copy of the letter from the Attorney Mr. McDonough turned into Council. There being no other Public Speakers regarding this item, discussion was brought to the dais. Councilmember Buckley questioned the possible traffic impacts, and questioned the entrances and exits to the proposed project. His concern is CC June 9, 2009 Item No. 2 Page 7 of 59 Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for A enda Review Minutes of April 14 2009 Page 7 of 11 potential traffic impacts, and what percentage of traffic would come from which street and from the freeway. He discussed with Director Seumalo the right and left turns from both Lake Street and Mountain requesting clarification. Councilmember Buckley questioned Attorney Leibold stating perhaps the Attorney who wrote the letter is looking to find a client, to which Attorney Leibold agreed. Councilmember Bhutta questioned if and of the TUMF fees could help to finance additional entrances or exits or widening of the street if needed. Director Seumalo responded TUMF funds could not be used. Councilmember Hickman stated if homes continue to sell then Lake Street would be widened. Mayor Magee stated he was concerned with the entrance and exit locations in relationship to the existing curbs. He requested traffic impact numbers. Acting Community Development Director Weiner also responded regarding the entrance and exit locations stating they were 40 feet apart, which is larger than what they have currently been approving, 25 or 30 feet. Mr. Garrison addressed the Council stating now that he has read the letter, he will be asking for a continuance on this item. Mayor Magee stated he has not yet read it, and Mr. McDonough again confirmed his group did not solicit or respond to the Attorney. APPEAL(S) (14) Continuance of the City Council's Action to Continue 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 and 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 APN 375 - 350 -039) Recommendations (1) Uphold the Planning Commission's January 6, 2009 decision to approve the proposed "tackle and bait" shop located at 1604 W. Lakeshore Drive; or (2) Overturn the Planning Commission's January 6, 2009 decision to approve the proposed "tackle and bait" shop located at 1604 W. Lakeshore Drive. CC June 9, 2009 Item No. 2 Page 8 of 59 Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for Agenda Review Minutes of April 14 2009 Page 8 of 11 Councilmember Buckley had questions regarding the easement in relationship to the map and the trails, noting this may be discussed in the Closed Session item. Acting Community Development Director Weiner gave a general overview of this item. BUSINESS ITEM(S) (15) Reciprocal Easement Agreement by and between The City of Lake Elsinore and Rodney A. Nielsen and Elaine E. Nielsen Recommendations (1) Approve the attached Reciprocal Easement Agreement in such final form as may be approved by the City Attorney. (2) Authorize the Mayor to execute the final form of the Reciprocal Easement Agreement. Mayor Magee questioned Attorney Leibold if Item No. 15 could go before Item No. 14 to which she responded it didn't matter as long as there were two separate votes taken. He then addressed an aerial photograph he had seen which shows active trespassing trails, a vehicle road and trash. (16) Purchase of Q -Star Surveillance System for Pilot Graffiti Prooram. Recommendation - NO COMMENTS / QUESTIONS Authorize the City Manager to process a purchase order in the amount of $23,164.24 for the purchase of Q -Star FlashCam 880 Promotional Package from Q -Star Technology. REDEVELOPMENT AGENCY CONSENT CALENDAR (1) Approval of Redevelopment Agency Minutes Recommendation: - NO COMMENTS / QUESTIONS Approve the following minute(s): (a) Regular meeting of the Redevelopment Agency — March 24, 2009 CC June 9, 2009 Item No. 2 Page 9 of 59 Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for A enda Review Minutes of April 14 2009 Page 9 of 11 (2) Warrant List Dated March 31, 2009 Recommendation: - NO COMMENTS / QUESTIONS Authorize payment of Warrant List dated March 31, 2009. PUBLIC HEARING(S) (3) A Continued Joint Public Hearing of the Agency Board and City Council to consider the Proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No I II and III - NO COMMENTS / QUESTIONS Recommendations: 1. Agency and City Council open the continued joint public hearing on the proposed Amended and Restated Plans for the sole purpose of adopting written responses to objections received prior to the joint public hearing and adopting the proposed Amended and Restated Plans. 2. City Council Adopt Resolution No. 2009- adopting findings on the response to written objections to the adoption of the proposed Amended and Restated Plans for Rancho Laguna Redevelopment Project Areas No. I, II and III. 3. Agency Adopt .Resolution No. 2009- approving the Amended and Restated Plans for the Rancho Laguna Redevelopment Project Areas No. I, II and IIL 4. City Council have first reading of Ordinance No. amending Ordinances Nos. 607, 324, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project No. 1. 5. City Council have first reading of Ordinance No. amending Ordinances Nos. 671, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. IL 6. City Council first reading of Ordinance No. amending Ordinances Nos. 815, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No IIL CC June 9, 2009 Item No. 2 Page 10 of 59 Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for A enda Review Minutes of April 14 2009 Page 10 of 11 CITY ATTORNEY / AGENCY COUNSEL COMMENTS Agency Counsel Leibold announced that the Redevelopment Agency had no closed session items for discussion. CITY C OUNCIL CLOSED SESSION City Attorney Leibold announced due to the information received during the Joint Study Session, it was necessary for the City Council to take appropriate action and follow the procedures under Section 54954.2 (b)(2) of the Ralph M. Brown Act and add 2 non - agenized items to the City's Closed Session Agenda as identified below. The City Council took action and voted to add the Non - Agenized items. CONFERENCE INVOLVING A JOINT POWERS AGENCY (SOUTHWEST COMMUNITIES FINANCING AUTHORITY) (GOV'T CODE SECTION 54956.96) MOTION was made by Councilmember Buckley to add a Closed Session Item involving A Joint Powers Agency (Southwest Communities Financing Authority), second by Mayor =Pro`Trem Met fidez and unanimously carried. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: MOTION was made by Councilmember Hickman to add a Closed Session Item involving Anticipated Litigation significant exposure to litigation pursuant, second by Councilmember Bhutta and unanimously carried. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. City Attorney Leibold announced the Agenized City Council Closed Session items as identified below: AGENDIZED CITY COUNCIL CLOSED SESSION CC June 9, 2009 Item No. 2 Page 11 of 59 Lake Elsinore Joint City Council / Redevelopment Agency Joint Study Session for A enda Review Minutes of April 14 2009 Page 11 of 11 (1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR Gov't Code § 54956.8 Property: APN: 375 - 350 -008 (Nielsens) NON- AGENDIZED CITY COUNCIL CLOSED SESSION (1) CONFERENCE INVOLVING A JOINT POWERS AGENCY (SOUTHWEST COMMUNITIES FINANCING AUTHORITY) (GOV'T CODE SECTION 54956.96) Discussion will concern: Conference with real property negotiator: Property — APN 370 - 060 -050 southeast of Corydon / west of Mission Trail Agency negotiator — Dean Deines Negotiating parties — Animal Friends of the Valleys and Elsinore Valley Municipal Water District Under negotiation - Price /terms / Conditions of Payment Name of local agency representative on Joint Powers Agency Board: Councilman Thomas Buckley (2) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: 1 potential case ADJOURNMENT The City Council was adjourned to the Closed Session meeting scheduled to be held at 5:00 p.m. The Agency adjourned to the public portion of the regularly scheduled meeting to be held at 7:00 p.m. Debora Thomsen Debora Thomsen, CMC City Clerk, City of Lake Elsinore, California CC June 9, 2009 Item No. 2 Page 12 of 59 Page 1 of 28 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES April 14 1h , 2009 (not official until approved) CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, April 14 2009 to order at 5:00 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tern Melendez, Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included 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 Building and Code Enforcement Manager Chipman. 5:00 P.M. CONVENE THE MEETING There was no one who wished to speak regarding a Closed Session item. RECESS TO CLOSED SESSION (1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8) Property: APN: 375- 350 -008 (Nielsens) NON -AGENDIZED ITEMS On April 14, the City Council followed the procedures under section 54954.2 (b)(2) of the Ralph M. Brown Act to add two items to the City's Closed Session Agenda as follows: CC June 9, 2009 Item No. 2 Page 13 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 2 of 28 (1) CONFERENCE INVOLVING A JOINT POWERS AGENCY (SOUTHWEST COMMUNITIES FINANCING AUTHORITY) (GOWT CODE SECTION 54956.96) Discussion will concern: Conference with real property negotiator: Property — APN 370- 060 -050 southeast of Corydon /west of Mission Trail Agency negotiator — Dean Deines Negotiating parties — Animal Friends of the Valleys and Elsinore Valley Municipal Water District Under negotiation ,- Price /terms /Conditions of Payment Name of local agency representative on Joint Powers Agency Board: Councilmember Thomas Buckley (2) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: .1 potential case 7:00 P.M. REGULAR MEETING OF THE CITY COUNCIL RECONVENE THE MEETING PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Mr. Steve Manos. INVOCATION — MOMENT OF SILENT PRAYER The Mayor led the audience in a moment of silent prayer. ROLL CALL All Council members were present as noted by City Clerk Thomsen who declared a quorum was present. . CC June 9, 2009 Item No. 2 Page 14 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 3 of 28 PRESENT: Mayor Magee, Mayor Pro Tem Melendez, Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, Agency Counsel Leibold, City Treasurer Baldwin, and City Clerk Thomsen. Staff members present included 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, Police Chief Cleary, Fire Chief Hendershot, Information / Communications Manager Dennis and Building and Code Enforcement Manager Chipman. CLOSED SESSION City Attorney Leibold gave a brief overview of the Closed Session stating City Council voted pursuant to the procedures and in accordance with Section 54954.2(b)(2) of the Brown Act to add two additional items; one based upon discussion from the 4:00 p.m. Study Session, the other arising after the posting of the Agenda which required immediate action. Council met at 5:00 p.m. to discuss these items and the original item scheduled regarding real property negotiations regarding property identified as APN:375- 350 -008. Negotiations were with the City Manager representing the City and the property owners, the Nielsen's. City Attorney Leibold stated there was no reportable action. PRESENTATIONS / CEREMONIALS United States Marine Corps (USMC) Corporal Chad Nakata was honored for his service to his country and his accomplishments. Mayor Magee stated Corporal Nakata graduated from Elsinore High school at the age of 16 and joined the Marines when he was 17. He has served in Iraq in 2008 and is now home. He is the youngest in his unit, yet he is the leader of many who are older than him. He is married with two children and recently purchased a home. Due to an unexpected emergency, his family was not able to be present. Mayor Magee invited Ms. Sheila Claude, mother of United States Army Command Sergeant Major Walter Claude- Murray to the podium. Ms. Claude was presented with a plaque displaying a Certificate of Appreciation, a Blue Star Flag and military pins. Command Sergeant Claude- Murray has been serving our country since 1987 when he joined the Army. He is currently stationed in CC June 9, 2009 Item No. 2 Page 15 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 4 of 28 Kosovo. He is a graduate from Mira Costa High School, in Redondo Beach, California, married to Valerie and they have two sons, David and Steven. Ms. Claude stated how proud she was of her son and thanked the Mayor, City staff and the Community for their appreciation. Mayor Magee invited Araceli Barriga to come to the podium and receive a Proclamation in recognition of Autism Awareness Month. Ms. Barriga requested those in the audience who had families and friends who were affected by Autism to stand. She stated it is estimated in 10 years; approximately 1 out of every 100 people will be diagnosed with Autism. She invited parents, friends and families of anyone with Autism to attend a Lake Elsinore Autism Support Group on April 24 Contact Mike or Sherry Bean, phone number (951) 244 -8281, or sherrvbean1(&- Yahoo.com She noted an Autism Center will be opening July 1st in Temecula and will offer free services. This center will be the first of its kind in the Inland Empire and will provide services in both English and Spanish. To obtain further information regarding the center, contract New Vision Children's Services or www.nvlearning.com John Hall, Public Information Officer for Riverside County District Attorney's office was invited to the podium by Mayor Magee to receive a Proclamation in recognition of National Crime Victims Week; April 26 through May 1 Mr. Hall thanked the City on behalf of District Attorney Rod Pacheco and invited everyone to join in a Candlelight Vigil and March on April 30 noting many crime victims will participate. The event begins at 11:30 a.m. from the Riverside County Administrative Center (4080 Lemon Street, corner of 10 and Lemon) in downtown Riverside. Everyone will march to the Riverside Historic Courthouse located at 4050 Main Street. Further information for other events to be held during the week can be obtained at the County of Riverside website specifically under the District Attorney's webpage. Mayor Magee announced the Lake Elsinore Outlets are the recipients of the "Business of the Quarter" award and invited Kristin Elfring & Christina Rijos to come to the podium. The Mayor noted The Outlets partnered with Castle & Cooke to cover the expense of a $2 Million TV advertisement sign. Kristin and Christina provided a brief presentation of the Outlet mall, including the new electronic sign. An overview was given on the renovations of the mall such as cameras in the parking lots and renovation of the tower. The outlet has honored their commitment to give back to the community; from the sales tax generated they have returned $35,000 in charitable contributions and donations to community organizations. In addition, $105,000 has been spent on recent contests and prizes. It was noted since the sign has been added business has increased 15 percent. New stores added include the only outlet store for The Pottery Barn west of Texas, Tommy Hillfiger Clearance, Guess Factory Outlet, and a Nike swoosh has been added on the tower. Everyone was invited to visit and shop. CC June 9, 2009 Item No. 2 Page 16 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 5 of 28 Mayor Magee invited Ruth Atkins from the Lake Elsinore Historical Society to come forward and noted how much she gives back to the community. The Mayor then presented Ms. Atkins with a beautiful bouquet of flowers from a secret admirer, stating she had been named 'Woman of the Year' for State Senate District No. 37 by State Senator John Benoit. Ms. Atkins graciously accepted the flowers and acknowledged the award. Ron Hewison from Help our People in Elsinore (HOPE) was invited to the podium to give an update presentation of the status of the organization. Mr. Hewison thanked the many volunteers, donors, and the community who make it possible for HOPE to operate. He also stated there are many additional residents who are in need of assistance. In 2008 the Pantry supplied 150,000 meals. To date, in 2009, over 245,000 meals have been served. Mr. Hewison stated they are receiving fresh and perishable foods from grocery stores and markets. Donations are also received, but they are always in need of more. The donations cover emergency assistance such as hotel vouchers for families when needed. Local business and volunteers consistently help and have recently donated computers, flat screen monitors and software. Mr. Hewison stated HOPE serves meals twice a month and there are approximately 1,050 families receiving monthly assistance. To enable HOPE to potentially improve the type of assistance opportunities they are aware of, Mr. Hewison joined an employment sub - committee with the Department of Social Services (DPSS) to learn of potential grants. Mr. Hewison thanked all of the volunteers who make HOPE possible; stating without their time none of this would be possible. He invited those who were interested to come out and help, and thanked the community for their support. Mayor Pro Tem Melendez thanked Mr. Hewison for his diligence in obtaining additional assistance from the County and for joining their Committee to further possible opportunities. She also thanked the many volunteers involved with HOPE. Mayor Magee also thanked Mr. Hewison. PUBLIC COMMENTS — NOWAGENDIZED ITEMS Dawn Oakes President of Lake Elsinore DaVinci Academy Lake Elsinore Parent Teacher Student Organization invited everyone to attend a Book Fair Fundraiser which will be held April 23` and 24 Participation will also benefit the Boys and Girls Club, proceeds will be evenly divided. Ms. Oakes requested those in the Lake Terrace community who were concerned about crime to join a Neighborhood Watch stating community members were in the process of forming the "Lake Terrace Concerned Neighborhood Watch." Information would be available in the near future on the City's website. CC June 9, 2009 Item No. 2 Page 17 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 6 of 28 Donna Franson from the. Lake Elsinore Citizens Committee invited residents of the Tuscany Hills area to attend a Public Safety Advisory Committee (PSAC) meeting to be held April 16 at the Tuscany Hills Recreation Center at 7 p.m. She noted PSAC is requesting input for their area. Representatives from the local Fire and Police Department will be in attendance. CONSENT CALENDAR — APPROVED (2) Approval of City Council Minutes CONTINUED TO APRIL 28 TH , 2009 Continued the following minutes to the April 28 Council meeting. (a) Joint City Council /Redevelopment Agency — March 24, 2009 (b) Regular Meeting of the City Council — March 24, 2009 (3) Warrant List Dated March 31, 2009 Authorized payment of Warrant List dated March 31, 2009. (4) Claim Against the City Rejected the claim of Marian Heller and directed the City Clerk's Office to send a letter informing the claimant of the decision. (5) Award of Professional Service Contract for the Design of Lakeshore Drive Overlay Awarded the consultant contract to Winzler & Kelly, Consulting Engineers for an amount Not -to- Exceed $72,300 for preparation of plans and specifications of Lakeshore Drive. (6) Sidewalk Design, Various Locations — Consultant Contract Award (1) Awarded the City's Sidewalk Project Design to consulting firm of KDM Meridian for the amount of $29,950. (2) Authorized the Mayor to execute the contract with KDM Meridian. (3) Authorized the transfer of $100,000 from Funding No. 112 — Measure A and transfer to the Sidewalk Project. (7) Restated and Amended Joint Exercise of Powers Agreement Creating 0:.......:.A.. lam...... +.. U. 4 .+ 11 A A Implementation Agreement Approved the 11 Amendment to the Joint Powers Agreement; and Approved the 1 St Amendment to the Implementation Agreement. (8) Edward Byrne Memorial Justice Assistance Grant (JAG) CC June 9, 2009 Item No. 2 Page 18 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14` 2009 Page 7 of 28 Approved the application for these JAG Grant Program Funds offered by the Bureau of Justice Assistance as part of the "Recovery Act" of 2009. MOTION was made by Councilmember Bhutta, second by Mayor Pro Tern Melendez and unanimously carried to approve the Consent Calendar with the exception of Item No. 2, which was continued to the April 28th meeting. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None, PUBLIC HEARING(S) Notice for all Public Hearing Items listed below has been duly given and Affidavits of Compliance are on file in the City Clerk's office. (9) Public Hearing for Tentative Tract Map No. 30495 - APPROVED Adopted Resolution 2009 -10 adopting findings that the project is exempt from the Multiple Species Habitat Conservation Plan (MSHCP). Adopted Resolution 2009 -11 approving Tentative Tract Map No. 30495. Written communication has been received by the City Clerk's office and distributed to the Council Acting Community Development Director Weiner gave an overview of the project stating this Tentative Tract Map was originally brought to the City Council for approval on February 24 2009. At that time, the map reflected 136 single family homes on the northern portion of the map. However, since the February 24, 2009 City Council meeting, the applicant has removed the single - family residential lots on the northern section. This revised Tentative Tract Map 30495 now proposes a total of 139 single - family residential lots in the southern portion of the map on standard -sized lots. The northern portion previously reflected has been removed. Mayor Magee opened the Public Hearing at 7:30 p.m. Jim Stringer representing Pardee Homes in Corona, spoke stating that Pardee Homes concurs with the City's proposed changes and the Conditional Use Permit, and Pardee has made the revisions. Mayor Magee thanked Pardee Homes for recognizing how sensitive the City is to density. CC June 9, 2009 Item No. 2 Page 19 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14` 2009 Page 8 of 28 There were no other speakers before Council regarding this item. Mayor Magee closed the Public Hearing at 7:31 p.m. MOTION made by Councilmember Buckley, second by Councilmember Hickman to adopt Resolution No. 2009-10 and unanimously carried to adopt findings that the Subdivision is exempt from the Multiple Species Habitat Conservation Plan (MSHCP) approving Item No. 9 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. MOTION made by Councilmember Buckley, second by Councilmember Bhutta to adopt Resolution No. 2009-11 and unanimously carried to approve Tentative Tract Map No. 30495 approving Item No.9 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Passed and adopted the following Resolutions: "Resolution No. 2009 -10 - A Resolution of the City Council of the City of Lake Elsinore, California, adopting findings that the Subdivision is exempt from the Multiple Species Habitat Conservation Plan (MSHCP)." "Resolution No. 2009 -11 - A Resolution of the City Council of the City of Lake Elsinore, California, approving Tentative Tract Map No. 30495." (10) Define Religious Assembly, Institutions and Structures, and to Broaden Certain Land Use Descriptions in an Effort to Further Comply with the Religious Land Use and Institutionalized Persons Act (RLUIPA) APPROVED (a) First reading of an Ordinance approving Text Amendment No. 2009 -01 in order to amend Sections 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, and 17.132.030 of the LEMC, waive further reading; and (b) Adopted Resolution No. 2009-12 approving Negative Declaration No. 2009 -01. CC June 9, 2009 Item No. 2 Page 20 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 9 of 28 Acting Community Development Director Weiner gave an overview of the purpose of the Ordinance and the Resolution, stating this was to modify sections of the Municipal Code to stay compliant with federal law regarding church uses. Mayor Magee opened the Public Hearing at 7:34 p.m. There were no speakers before Council regarding this item. Mayor Magee closed the Public Hearing at 7:35 p.m. Passed and approved the introduction of an Ordinance: MOTION made by Councilmember Buckley, second by Councilmember Hickman to approve text amendments to the Lake Elsinore Municipal Code and introduce the first reading of an Ordinance and waive further reading as recommended AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. "Ordinance No. - Introduced the first reading of an Ordinance of the City Council of the City of Lake Elsinore, California, amending Sections 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, and 17.132.030 of the Lake Elsinore Municipal Code regarding Religious Land Uses." MOTION made by Councilmember Buckley, second by Mayor Pro Tern Melendez to approve Negative Declaration 2009 -01 and adopt Resolution No. 2009 -12 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Passed and adopted the following Resolution: "Resolution No. 2009 -12 - A Resolution of the City Council of the City of Lake Elsinore, California, adopting Negative Declaration No. 2009 -01 for Zoning Ordinance Text Amendment No. 2009 -01." (11) Public Hearing for Consideration of Objections to the City's Weed Abatement Program - APPROVED Opened the Public Hearing and gave consideration to any objections presented by the public on the date. CC June 9, 2009 Item No. 2 Page 21 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 10 of 28 Public Works Director / City Engineer Seumalo gave an overview stating at the February 20, 2009 City Council meeting, Resolution No. 2009 -02 was passed to provide the public an opportunity to have a Public Hearing to voice any objections they may have regarding assessment liens placed against their property for weeds, rubbish, refuse and dirt. Mayor Magee asked Director Seumalo if he had received any written correspondence, to which he replied he had not. The Public Hearing was opened at 7:38 p.m. Mayor Magee asked if there was anyone in the audience who would like to speak in favor or against this item; no one responded to each question. The Public Hearing was closed at 7:39 p.m. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta and unanimously carried to approve Item No. 11, consideration of Objections to the City's Weed Abatement. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. (12) A Continued Joint.Public Hearing of the Agency Board and City Council to consider the Proposed Amended and Restated Redevelopment Plans for DEFER CONSIDERATION TO THE JOINT PUBLIC HEARING TO BE HELD WITH THE REDEVELOPMENT AGENCY (13) Mitigated Negative Declaration No. 2008 -10, General Plan Amendment No. 2008 -01, Zone Chance No. 2008 -02. and Commercial Design Review No. 2008 -09 for a project identified as "Lake Street Market Place" CONTINUED TO MAY 12 TH , 2009 Recommendation Adopt a Resolution adopting findings that the Project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). (1) Adopt a Resolution adopting Mitigated Negative Declaration No. 2008 -10. (2) Adopt a Resolution approving General Plan Amendment No. 2008 -01. (3) First reading of an Ordinance approving Zone Change No. 2008 -02, waive further reading. (4) Adopt a Resolution approving Commercial Design Review No. 2008 -09. CC June 9, 2009 Item No. 2 Page 22 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 11 of 28 Interim Community Development Director Weiner addressed the City Council stating during the 4:00 p.m. Study Session held today, a letter was received by City Staff. The applicant and the CEQA consultant are requesting this item be continued to allow them to properly address the issues outlined in the letter. Per discussion with the Mayor and Mr. Weiner stated the request is to continue to May 12` Council meeting and not off calendar. Mayor Magee stated this is a Noticed Public Hearing, and there were many speakers who requested to address the Council, therefore, their testimony would still be heard. Mayor Magee requested those speaking to be respectful of the public process. The Public Hearing was opened at 7:40 p.m. George McDonough stated he was part of the group "Voters Against Lake Street Market" who opposes commercial development in a residential area, not personally against the Fresh & Easy Store proposed to be developed. Mr. McDonough noted the group has been distributing a petition and has collected over 280 signatures against the project. Ms. Araceli Jimenez would be turning the petition to the City Clerk. He clarified the main opposition is against any construction on Lake Street before the required road improvements are made. He noted Castle & Cooke is required to make these improvements when they build and sell 264 additional homes in Alberhill. Mr. McDonough stated Castle & Cooke Vice President Mr. Tom Tomlinson had previously stated this stage many not happen until two or three years, but nothing is for certain due to the economy. Mr. McDonough stated his concern the Lake Elsinore Planning Commission approved the project in January by a vote of 4 to 1, despite the Commissioners making 15 negative statements specifically related to traffic hazards. Araceli Jimenez addressed the City Council stating although she addressed them during the 4:00 p.m. Study Session, she wanted to comment on Mr. Garrison's (Marinita Development Company) statement regarding the petition signatures turned in by residents against the project. He suggested to Council to take their petition as a grain of salt. Ms. Jimenez noted the signatures were collected at grocery stores due to the availability of.a large volume of people; over 300 Lake Elsinore residents signed the petition opposing the project. Ms. Jimenez noted a pedestrian count had been conducted on Mountain and Lake Streets by Mr. Garrison stating opposition to his count due to the fact that children and teenagers will be attracted to the center before and after school which will increase their numbers. She then quoted Planning Commissioner Flores who stated resident's safety should come first. Ms. Jimenez stated in 2008, the Sheriffs Department reported 75 traffic incidents including CC June 9, 2009 Item No. 2 Page 23 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 12 of 28 1 fatality. She also stated her concern of her husband's health, which has a severe form of Valley Fever. She noted the development's construction would further endanger his health. Dawn Oakes stated she was opposed to the development at this time in Lake Elsinore's history due to the traffic issues already being experienced. She stated Lake Street has become a major thoroughfare due to the current construction improvements on Central Avenue. She is concerned regarding the potable water noting water being used for construction is not responsible with the cost of water rising. Ms. Oakes recommended the location of the proposed shopping center be reconsidered and be put on hold and suggested an area further down Lake Street past Running Deer where there is an existing signal and a better walking area, a win -win proposition for all. . Brian Oakes spoke in reference to a letter he had sent to the City Council and thanked Mayor Magee and Mayor Pro Tern Melendez for their response. Mr. Oakes stated his concern is the project is in opposition with the General Plan, which clearly states this area is zoned as residential. He noted when many people purchase a home, they 'research and evaluate potential neighborhoods and base their purchasing decisions upon the City's written plans. Mr. Oakes declared it is incorrect, to request a zoning change from the General Plan for only one developer and land owner to change the zone from residential to commercial without the resident's consideration. He confirmed the zone change will impact all of the residences from Mountain Street to Running Deer. Mr. Oakes stated sending notices out to only those within 300 feet of the proposed project was misleading to all of the residents this decision would affect. He requested the Council to delay any zone change until the General Plan process to update -is completed. Sally Smith stated she moved to Lake Elsinore because of the quiet small town atmosphere, but specifically to her small residential area where there wasn't any shopping or lights or commercial nearby. She referenced the traffic issues on Lake Street and Mountain noting there have been previous fatalities. She requested the Council consider keeping residential and business separate. Tom Tomlinson, Vice President of Castle & Cooke spoke, stating it is interesting hearing those who had spoken tonight noting they addressed many issues which are of concern to Castel & Cooke as well. He stated Lake Street improvements do need to be done. He stated Castel & Cooke have no direct connection between Castle & Cooke and Marinita Development, noting they have been diligent in trying to resolve all the engineering technical data. Mr. Tomlinson stated Castle & Cooke support CC June 9, 2009 Item No. 2 Page 24 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14` 2009 Page 13 of 28 the proposed center and actually through the Homeowners Association (HOA) did a survey of all Alberhill residents to find out what they think. They received 25 in favor, 5 against. Therefore, Castle & Cooke and the HOA support the project. Jennifer Venegas. addressed the Council stating she is in support of the project. She referenced the fact she has sent emails to the Council and spoken with them personally numerous times. She noted Lake Elsinore has tripled since she has moved here, and now is the time to make accommodations for residents. She addressed the traffic concerns, noting she has emailed to the Council video footage of the intersection to give the Council an accurate vision of traffic flow during different days and different times. Ms. Venegas declared traffic is not a big issue. She noted Fresh & Easy is a specialty store, an ideal store to anchor a center, a store that is considerate to others. She noted there will not be semi -truck traffic during all hours of the night; one delivery is made each day and it is not an 18 wheeler. Backup alerts have been turned off of their delivery trucks; their hours are decent, not open late for alcohol purchases. Ms. Venegas stated she has spoken to at least 50 people in her neighborhood and they are in favor, noting the meeting did not reflect all perspectives. Renee Cummings noted she is new to Lake Elsinore but is in favor of Fresh & Easy coming to her neighborhood. She proposed this new development would provide modern conveniences, economic stability for the City as well as promoting future growth. She stated she cannot understand why some choose to oppose progress and resist change and considers change a life lesson. David McCombs representing Fresh & Easy addressed the Council. He stated their desire is to have a wonderful neighborhood market and to serve the Lake Elsinore community. Fresh & Easy is hopeful all of the issues can be resolved. Dave Garrison representing Marinita Development Company spoke stating this project was small in nature compared to some of the local larger stores, such as Home Depot, Target or Lowes. He confirmed traffic has been the biggest issue which those who oppose the project keep focusing on. He requested permission for the traffic engineer to give a power -point presentation. He referenced an issue brought up at one of the neighborhood meetings was the hordes of children who run up and down the streets on their way to and from school. From this community input, it was determined to do a traffic study. Mr. Garrison stated they hired a traffic consultant who determined the counts which essentially are CC June 9, 2009 Item No. 2 Page 25 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 14 of 28 12 children in the morning and 12 children after school. There are 153 people crossing Lake at Lakeshore Drive. Mayor Magee stated the rest of the speakers would be heard first, and then the traffic engineer can address the Council at their request. Larry Powell representing Marinita Development Company addressed the Council. He stated the during the past three and a half years he has been working with City Staff, there has been site plan changes, design changes, noise and traffic impacts. Marinita is not a merchant builder -they do not build then sell, they are an owner - developer and keep 85 percent of their projects. Their goal is not to build this project then have it sit empty. He has enjoyed working with City Staff and Martina`s goal is to have a ribbon - cutting celebration. Mayor Magee stated there was no additional speakers and then addressed the audience stating this afternoon at approximately 4:30 p.m. the City Council was presented a letter from the law firm of Johnson & Sedlack. The first line in this letter stated the letter is submitted on behalf of a group of local residents. This is the information our staff referenced at the beginning of their presentation which lead them to request a continuance. The applicant also was requesting a continuance although they indicated they were ready to present the findings of their traffic study. Further discussion will not continue at the dais. Mayor Pro Tern Melendez requested Mr. Garrison and the traffic engineer give an explanation of the proposed traffic and changes. Aric Evatt representing Urban Crossroads gave an overview of the prepared traffic study. He started by discussing the proposed geometrics for a built out interim condition when the project is constructed. On Lake Street there is still a traffic signal, with a dedicated left turn pocket heading southbound and northbound. The project would widen Lake Street, there is an ingress / egress point which would be right in, right out only for people heading south on Lake Street entering the shopping area. A right hand turn pocket for safety reasons will allow cars coming southbound to be able to safely pull out of the through traffic and be able to slow down to make a safe turn. When exiting the project and making a right turn, there is an are to help prohibit left turns into or out of the project Along Mountain some additional improvements will be made, the street will be widened. Currently, there is a left turn lane coming out of Mountain onto Lake to head north and traffic can either go through the intersection CC June 9, 2009 Item No. 2 Page 26 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 15 of 28 to the other side of Mountain or make a right hand turn to go south onto Lake. With the project improvement we would have an 18 to 19 foot lane across the frontage of the property to their ingress / egress off of Mountain. This would be a full access intersection, not signalized, and lined up with the existing Ginger Root Way. You would have a stop sign on the north and south legs, the minor street legs. Traffic on Mountain is unimpeded. There is a left hand turn pocket that would be provided here for residents entering the neighborhood. There would also be a corresponding left hand turn provided on Mountain. There is not a dedicated right hand turn lane on Mountain but with the 18 to 19 feet of width it is large enough for cars to slow down and make a right hand turn and still allow enough pavement width for through traffic. Regarding trip generation, one of the important concepts is not necessarily always spelled out in great detail and traffic impact is residential type use. Residential produces trips, people go to school work, shopping, but commercial retail, the only people coming there are either patrons of the center or employees; therefore, this center is redistributing traffic that exists elsewhere in Lake Elsinore today. A neighborhood shopping center nestled near a residential area, does two things: (1) reduces lengths of trips that is currently being made today; and (2) provides a walk -able solution for the nearby residents. The types of traffic that we would be demonstrating in a traffic study may not occur everyday, but an example of a retail center at the PM peak hours (typically the worse case), generate a net total trips of 369 vehicles. That's 183 trips in and 186 trips out. If you span 183 trips over an hour, that's roughly three cars every minute. We looked at the operations happening today at the intersection of Mountain and Lake and currently, based on existing counts, the intersection of Lake Street and Mountain under existing conditions for 2008 operate at a level of Service "C" in the morning with about a 25 second average delay; and a level of Service "B" in the evening, with about a 19.8 second average delay. If I were to add the proposed project with some background ambient growth which is roughly 3 percent per year of growth, the increase delay is about 1.5 seconds in the morning and about 4 seconds in the evening. Both level of Service "C" both less than 24 seconds average delay at this signalized intersection. With these proposed numbers, this project isn't unnecessarily burdening the local transportation network. There will be increased traffic on Mountain Street between these signalized intersections and the project driveway because people who are driving up and down Lake Street will need to access this center and they'll probably use the driveway off of Mountain periodically to access it, if they're coming from the south, or potentially from the north, they're turning CC June 9, 2009 Item No. 2 Page 27 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14` 2009 Page 16 of 28 in directly off of Lake. But the increased traffic is not substantial to exceed the City's level of service thresholds. Councilmember Hickman requested Mr. Evatt to further explain the street classifications, specifically "C" and "D ". Mr. Evart stated the Level of Service is based on a letter grade "A through F" with "A" being exceptional (you have the ability to make free movements with few cars surrounding you). Level of Service "F" would be extremely congested - you cannot make movements (similar to freeway peak hour traffic). Level of Service "D" or better is based on the City's General Plan, the level of service we strive to maintain on all City streets and intersections. Level of Service °C" is a general county standard and an acceptable Level of Service anytime during peak periods. Councilmember Hickman requested clarification of how proposed traffic and congestion to which Mr. Evatt responded based on the P.M. peak hour numbers, traffic and congestion should be approximately 3 cars per minute over an hour. Councilmember Buckley questioned the percentage of how the traffic is split between Mountain and Lake, noting if you're driving from the freeway you would use the Lake exit, but if you live in Lake Elsinore, you would probably come in through Mountain. He then noted if you would not be able to make the left hand turn from Lake, you would have to either come in through Alberhill and the rest of the City from Mountain. Councilmember Buckley requested clarification. Mr. Evatt stated most of the access for people who are coming from other areas of the City would be accessing off of Lake Street. If they're coming from Alberhill, they would be coming south on Lake Street, and make a right hand turn into the center. To proceed back north on Lake Street, they would have to exit the project on Mountain and come out to the signal and turn up. Councilmember Buckley stated if you're not coming from the freeway on Lake Street, noting most people live in the opposite direction, questioned if they would be entering from Mountain? Mr. Evatt stated they would come up north on Lake Street, make a left onto Mountain and hang a right into the project. Councilmember Buckley confirmed this, then questioning the percentage, in reference to the 300+ number given previously. Mr. Evatt responded stating on the numbers he has, approximately 115 cars will make the right turn from Mountain into the project and would be approximately 55 percent CC June 9, 2009 Item No. 2 Page 28 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 17 of 28 during peak hour traffic that would be making that northbound movement on Lake, hanging a left on Mountain and then turning right into the project. But the 115 is about 75 percent of our total PM peak hour traffic. Councilmember Buckley requested clarification, 75 or 55 percent? Mr. Evatt responded stating 75 percent would be entering the project from Mountain total, and 55 percent would be making that movement. Councilmember Buckley responded if another bike rack could be added to encourage bike use, stating there was only one rack which would hold 7 bicycles. The Public Hearing was closed at 8:27 p.m. MOTION was made by Councilmember Hickman, second by Mayor Pro Tem Melendez to continue Item 13 to the May 12 2009 City Council meeting. Mayor Magee noted a motion and a second to continue the item until May 12 was on the table and recognized both the pro and the con sides of this debate. He stated the Council had received a lot of information noting both sides had done an incredible amount of work presenting passionate and professional arguments. He stated the Council had received e- mails, petitions, DVD's, letters, videos and tonight a survey was received. He encouraged everyone noting that all efforts had not gone unnoticed, all had been read and digested by the Council and all members appreciated the professional work from both sides. Mayor Magee again noted a motion and a second to continue this item has been made and asked if there was any further discussion. Hearing none, the vote was taken. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. A two minute recess was held. The meeting reconvened at 8:33 p.m. APPEAL(S) (14) Continuance of the City Council's Action to Continue the Appeal of the Conjunction with a Convenience Store as well as Related On -site Improvements Located at 1604 W. Lakeshore Drive (APN 375 - 350 -008 and APN 375 - 350 -039) - APPROVED CC June 9, 2009 Item No. 2 Page 29 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 18 of 28 Upheld the Planning Commission's January 6, 2009 decision to approve the proposed "tackle and bait" shop located at 1604 W. Lakeshore Drive; Acting Community Development Director Weiner gave an overview of the proposed project stating the project was approved by the Planning Commission January 6, 2009 and their decision to establish a Tackle and Bait Shop with a Convenience Store has been appealed by Mr. Scott Munson.. The appeal was originally presented to Council February 24 2009 but had been continued due to Council requesting specific language within the Reciprocal Easement Agreement; Council therefore continued the Appeal to tonight's meeting, April 14 This matter is now before Council for determination to either uphold or deny the Planning Commission's decision of January 6, 2009. Scott Monson stated his concern with approving the project is still based upon trespassing on the land which is owned by residents, not the City. He stated people blatantly trespass, litter, have bond fires at night, fish at this location without a fishing license, yet the City funds trash cans and portable toilets for the trespassers sending a mixed message. Mr. Monson questioned why the trespassers have more consideration than the land owners whose property is being trespassed on. He stated he has written complaint letters for years to Congress and Washington D.C. and now Immigration and Customs Enforcement (ICE) consistently drive down Spring Street, but has yet to take any action. He stated there is no need to have a store at this location, one is across the street, and a closer store will only encourage the trespassing. Mr. Monson suggested if a store is allowed at this location, he requested a Conditional Use Permit be issued for evaluation after one year. Ken Bernard, legal counsel for the Nielsen's, (the applicant) who has appealed the Planning Commission's decision to deny a Bait & Tackle Shop spoke referencing Easement Documents. He noted the Nielsen's zoning is proper. Council requested Mr. Bernard review Easement Item Nos. "C" and "D ". Mr. Bernard sat back down to review their request, and after a brief period of time, returned to the Council stating both he and the Nielsen's did not have a problem with Item Nos. "C" and "D" of the Easement. Mayor Pro Tern Melendez spoke regarding the trespassers ignoring trespass signs is similar to many drivers ignoring and speed limit signs. She stated this decision is a double -edge sword, yet it is a business opportunity for a resident. CC June 9, 2009 Item No. 2 Page 30 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14` 2009 Page 19 of 28 Councilmember Buckley questioned Director of Lake and Aquatics Kilroy if the trash cans were on private or public property and to confirm if there were bond fires at .night. Director Kilroy stated the trash cans should be on public property, however, the fishermen physically move them around. He noted there should not be fires, there are not fire rings. Police Chief Cleary stated action can be taken if an offense is seen, however this is up to the officer's discretion. In addition, depending upon what criminal activity is taking place, depends upon prioritization of the activity at the beach. Councilmember Bhutta questioned is there is a regular patrol that checks fishing licenses? Director Kilroy responded that the Police Department and Code Enforcement conducts checks along with Fish and Game Warden do perform sweeps. Mayor Magee stated trespassing issues occur on both sides of Lakeshore Drive, not only at this location, and this has always been a consistent problem. MOTION made by Councilmember Hickman, second by Councilmember Bhutta to uphold the Planning Commission's decision to approve the "tackle and bait" shop. Mayor Magee stated after the last meeting he had a detailed discussion with Mr. Monson and acknowledged the fact there is trespassing on both sides of Lakeshore, noting pedestrians take the course of least resistance on other's property. Mayor Magee recognized the Neilson's who have spent many years and due diligent to follow the system and to get this business up and running. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. - APPROVED (15) Reciprocal Easement Agreement by and between The City of Lake Elsinore and Rodney A. Nielsen and Elaine E. Nielsen Approved the attached Reciprocal Easement Agreement in such final form as may be approved by the City Attorney. Authorized the Mayor to execute the final form of the Reciprocal Easement Agreement. CC June 9, 2009 Item No. 2 Page 31 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 20 of 28 MOTION made by Councilmember Hickman, second by Mayor Pro Tern Melendez and unanimously carried to approve and execute the Reciprocal Easement Agreement. Councilmember Bhutta encouraged the Nielsens to continue to follow the current rules and regulations as they have been and when they have a problem with trespassing and loitering to call the authorities. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. (16) Purchase of Q -Star Surveillance System for Pilot Graffiti Program. Authorized the City Manager to process a Purchase Order in the amount of $23,164.24 for the purchase of Q -Star FlashCam 880 Promotional Package from Q -Star Technology. Parks and Recreation Director Gonzales gave an overview of the Q -Star Camera Promotional Packages and the additional capabilities the cameras could provide. The cameras are mounted yet mobile and can be used to deter crime, such as graffiti or theft in City parks. The cameras are solar powered. Director Gonzales stated funding to purchase the cameras is available through a law enforcement grant, which will not have an impact on the City's General Fund. The cameras are available through a sole source, Q -star, who is the manufacture. Mayor Magee asked the audience if anyone would like to speak; there were no public speakers. Discussion was then held by Council and City staff. Mayor Pro Tern Melendez stated she has several issues; 1) no documented proof the cameras actually deter crime or graffiti; and 2) the cost for 3 cameras is expensive. She stated the funding resource could be better spent; having a camera to identify graffiti hot -spots is not sufficient, criminals are adaptive, once they know cameras are in place, they will graffiti a different location. Mayor Pro Tern Melendez stated although the funding is from a supplemental law enforcement grant, the money is still from taxpayers, and objects to spending their money on cameras that lack documentation of crime determent. She questioned if there were other ways to identify graffiti hot -spots such as using a computer data -base. Information / Communications Manager Dennis Mark Dennis responded stating although it is recognized these cameras would not provide the best CC June 9, 2009 Item No. 2 Page 32 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 21 of 28 results, they would provide accurate information to base findings upon. He stated originally, when the City started working on an anti - graffiti plan, they contacted many cities to learn from their experience. Manager Dennis acknowledged the software the Q -Star offers may not be the best, but it is a beginning, and will provide results. He stated the existing software the City has is not sufficient, that graffiti hot -spots can be flexible depending upon social factors, such as school breaks, but currently, the best we are doing is painting over graffiti. Manager Dennis stated the recommendation was to take the lead in studying the effectiveness in this technology to demonstrate Lake Elsinore is going to take action and we will be in a lead for other cities to evaluate. Mayor Pro Tern Melendez questioned if the responsibility should be with the developer and not the cities that use their product to demonstrate the capability, yet the user is testing the equipment for them. Manager Dennis responds stating we're limited; this is the best possible solution we can get for our money. The amount of time City staff spends painting over graffiti should evaluated too. He continued by stating that any decision made is not a wrong decision, due to the fact there is no documentation to support the results we desire. Councilmember Bhutta stated she agreed, something needs to be done; stating the City has been talking about doing something, yet action has not been formally taken. She suggested giving a copy of pictures taken to the local school districts to help identity those caught on camera to help hold parents responsible if applicable. Councilmember Hickman questioned if the clarity of the pictures would be enough to prosecute those caught on camera, stating we currently spend $100,000. to repaint. Manager Dennis responded stating some of the literature states a camera can capture a license plates, although he is aware the cameras look down on the activity. He stated the cameras have a digital flash similar to home pictures. Manager Dennis noted that with the cameras the city has employees are recognizable from a reasonable distance. He did question if their output can or should be better than video surveillance. Councilmember Hickman stated once the information is given to the schools, it should make a difference. Councilmember Hickman makes a Motion ... CC June 9, 2009 Item No. 2 Page 33 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14`", 2009 Page 22 of 28 Councilmember Buckley stated although the cameras are mobile, which is reactive, if used, we will at least learn patterns, and if the pictures are decent, we can turn them over for prosecution, we can post then on our city website ... Police Chief Cleary stated to think of these cameras as a tool in our community toolbox, which we could use to displace current crime; and, if at the end of the day, the crime moves on, consider how many graffiti acts have been deterred due to the camera and repainting, making this city an unfriendly place for taggers. Some cities do not spend funds because their community doesn't care; stating Lake Elsinore has pride in our community. He noted this tool is a positive change, we can get a picture that can be placed on a website and ask the community to help identify the person in the photo, the same way other criminal's pictures are posted. Chief Cleary stated if we can identify the criminal, we have a better opportunity to prosecute. He also suggested establishing a task force to assist the process, which would give notice to all we will do all that we can to deter graffiti and crime. Manager Dennis stated the cost of purchasing the cameras is a reasonable cost benefit, but we will not know unless we try. Our city is growing and needs assistance. Mayor Magee stated we have been working on our Graffiti Plan for the past two years; we have taken steps and currently spend $100,000. repainting. He went on to say our community is being vandalized, and those doing the damage should be held responsible along with their parents, not taxpayers. Mayor Magee stated we have Grant funds available and should take advantage of this, even if we only catch only one vandal it is worth it. MOTION was made by Mayor Magee, second by Councilmember Hickman to purchase the Q -Star FlashCam 880 Promotional Package. AYES: Bhutta, Buckley, Hickman, Magee. NOES: Melendez. The City Council recessed to the Redevelopment Agency at 9:15 p.m. Mayor Magee reconvened the City Council portion of the Joint Public Hearing at 9:20 p.m. CC June 9, 2009 Item No. 2 Page 34 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 23 of 28 The City Council, in session, will now consider and act on the matters before it: JOINT PUBLIC HEARING - APPROVED (3) A Continued Joint Public Hearing of the Agency Board and City Council to consider the Proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Proiect Areas No. I. II, and III. Recommendations: Agency and City Council opened the Continued Joint Public Hearing on the proposed Amended and Restated Plans for the sole purpose of adopting written responses to objections received prior to the joint public hearing and adopting the proposed Amended and Restated Plans. 2. City Council Adopt Resolution No. 2009 -13 adopting findings on the response to written objections to the adoption of the proposed Amended and Restated Plans for Rancho Laguna Redevelopment Project Areas No. I, II and III. Passed and adopted the following Resolution: MOTION was made by Councilmember Buckley, second by Councilmember Hickman and unanimously carried to adopt the written responses to objections received prior to the Joint Public Hearing and adopt the Proposed Amended and Restated Plans as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. "Resolution No. 2009 -13 - A Resolution of the City Council of the City of Lake Elsinore, California, adopting findings on the response to written objections to the adoption of the proposed Amended and Restated Plans for Rancho Laguna Redevelopment Project Areas No. 1, Hand III." Mayor Magee concluded the City Council action item and turned the proceedings back to Agency Chairman Buckley at 9:21 p.m. to conclude the Agency portion of the meeting to address Recommendation No. 3. Mayor Magee reconvened the City Council portion of the Joint Public Hearing at 9:22 p.m. CC June 9, 2009 Item No. 2 Page 35 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 24 of 28 4. City Council first reading of an Ordinance amending Ordinances Nos. 607, 324, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project No. I. Passed and approved the introduction of an Ordinance: MOTION was made by Councilmember Buckley, second by Councilmember Bhutta and unanimously carried to approve the introduction of an Ordinance amending Ordinances Nos. 607, 324, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project No. I and waive further reading as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. "Ordinance No. - Introduced the first reading of an Ordinance of the City Council of the City of Lake Elsinore, California, amending Ordinances Nos. 607, 324, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project No. l." 5. City Council first reading of an Ordinance amending Ordinances Nos. 671, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. 11. Passed and approved the introduction of an Ordinance: MOTION was made by Councilmember Hickman, second by Councilmember Bhutta and unanimously carried to approve the introduction of an Ordinance amending Ordinances Nos. 671, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. II and waive further reading as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. "Ordinance No. _ - Introduced the first reading of an Ordinance of the City Council of the City of Lake Elsinore, California, amending Ordinances Nos. 671, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. 11. " CC June 9, 2009 Item No. 2 Page 36 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 25 of 28 City Council first reading of an Ordinance amending Ordinances Nos. 815, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No I II. Passed and approved the introduction of an Ordinance: MOTION was made by Councilmember Hickman, second by Mayor Pro Tern Melendez and unanimously carried to approve the introduction of an Ordinance amending Ordinances Nos. 815, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No III and waive further reading as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. "Ordinance No. - Introduced the first reading of an Ordinance of the City Council of the City of Lake Elsinore, California, amending Ordinances Nos. 815, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No lll." The City Council recessed to the Redevelopment Agency at 9:25 p.m. There being no further business to come before the Redevelopment Agency (RDA) Chairman Buckley adjourned Redevelopment Agency portion of the Joint Public Hearing section of the meeting at 9:26 p.m. for the City Council to conclude their meeting. Mayor Magee reconvened the City Council portion of the Joint Public Hearing at 9:26 p.m. and concluded the City Council action items of the Joint Public Hearing and proceeded with the rest of the City Council Meeting. PUBLIC COMMENTS — NON - AGENDIZED ITEMS None. CITY MANAGER COMMENTS CC June 9, 2009 Item No. 2 Page 37 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 26 of 28 City Manager Brady made several announcements regarding activities for the next several weeks: • Thursday Public Safety Update April 16 1:30 am - 1:30 pm The Diamond Club 500 Diamond Drive For information: (951) 245 -8848 • Saturday Unity 5 -K Run -Walk & 10K Run April 18 Check -in: 6:30 am Start: 7:45 am Children's Fun Run: 9:00 am Diamond Stadium 500 Diamond Drive For information: (951) 245 0442 • Tuesday Computer Classes Senior Center April 21 8:15 am - 10:00 am 420 E. Lakeshore Drive • Thursday Business Networking Mixer April 23 5:30 pm - 7:30 pm Baker Windows & Doors 17985 Collier Avenue 2nd Annual Frontier Days Friday April 24, 4 pm — Midnight Saturday April 25 11 am - Midnight Sunday . April 26th 11 am - 10 pm For Information: (951) 245 -8848 • E -Waste Collection Event Friday April 24, 9:00 am - 4:00 pm Saturday April 25 9:00 am - 4:00 pm Sunday April 26th 9:00 am - 4:00 pm For Information: (951) 245 -0087 CITY ATTORNEY COMMENTS City Attorney Leibold congratulated Ms. Ruth Atkins for being honored as 'Woman of the Year" by State Senator John Benoit. COMMITTEE REPORTS . None. CITY TREASURER COMMENTS CC June 9, 2009 Item No. 2 Page 38 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 27 of 28 City Treasurer Baldwin stated he was a former crew member of the USS Boxer, noting epiphany, pride, and appreciation for the 3 Navy Seals who were hanging off of the USS Bainbridge and for doing the job they were trained to do. CITY COUNCIL COMMENTS Councilmember Hickman stated he has been to see the play "Beauty & the Beast" at Elsinore High School and encouraged the community to attend their local high school's excellent plays. He noted he attended the Easter program at Elsinore's First Assembly Church stating their program would compete with the Crystal Cathedral. He also noted several Easter Egg hunts he attended in the community, one at McVicker Park noting there were 5,000 eggs full of 20 pounds of candy, and gone within 5 minutes. He stated Arbor Day was successful, along with the Easter Egg hunt at the City Park. Councilmember Hickman congratulated the Mayor for an excellent Prayer Breakfast stating it was wonderful, and reminded residents to support the Storm's baseball team. Mayor Pro Tern Melendez thanked the Parks and Recreation staff for their hard work and contribution to celebrate Arbor Day stating attendance was good. Councilmember Buckley noted the District lines start at Lake Elsinore and continues to Blythe and congratulated Ms. Atkins for the distinction of being named "Woman of the District." He also noted it was becoming summer and mosquito time, and the local Vector Control can be contacted for free misquote eating fish for Koi ponds or bird baths. He stated they have information regarding the West Nile Virus and stated a vote was to take place on Thursday; and congratulated them for being nominated to be the newly established World Misquote Control Association, which would coordinate with others, including internationally regarding issues such as malaria. He noted if they were chosen as the Headquarters, they will be partly funded by the World Health Association and the Bill and Melinda Gates Foundation, stating our Vector Control District is one of the best in the country. Councilmember Bhutta thanked the Parks and Recreation staff for their hard work and efforts to help others celebrate Arbor Day and the Easter activities. She reminded everyone Earth Day is on the April 22 " do suggested residents celebrate by doing something green for the environment. She requested everyone to shop locally so our tax dollars will stay within our community. Mayor Magee thanked everyone involved in tonight's meeting for their participation, professionalism and courtesy towards others. He also reminded the community of Ronnie Kovack's program of Lake Elsinore which will soon start airing stating Mr. Kovack actually caught a 8'/2 pound Stripped Bass, which is a CC June 9, 2009 Item No. 2 Page 39 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 14 2009 Page 28 of 28 record holder for the lake and to beware of the many fishermen his catch will bring to town. Mayor Magee then turned the meeting over to Councilmember Buckley ADJOURN IN MEMORIAM Councilmember Buckley closed the meeting in honor of Patty O'Malley, a long time resident of many years; and, a long time employee of the American Legion Post and the Veterans of Foreign Wars Post. She was witty, charming, and kind, and will be missed by the hundreds of people who knew her. There being no further business to come before the Council, Councilmember Buckley adjourned the meeting at 9:33 p.m. The next regular meeting of the Lake Elsinore City Council is scheduled for Tuesday, April 28, 2009, at 5:00 p.m. for Closed Session items in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530 followed by the Regular meeting at 7:00 p.m. Debora Thomsen' Debora Thomsen, CMC City Clerk, City of Lake Elsinore, California CC June 9, 2009 Item No. 2 Page 40 of 59 Page 1 of 19 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES April 28 th , 2009 (not official until approved) CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, April 28 2009 to order at 5:00 p.m. in the Culture Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tern Melendez, Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. 5:00 P.M. CONVENE THE MEETING There was no one who wished to speak regarding a Closed Session item. CLOSED SESSION (1A) CONFERENCE INVOLVING A JOINT POWERS AGENCY (SOUTHWEST COMMUNITIES FINANCING AUTHORITY) (GOV'T CODE SECTION 54956.96) Discussion will concern: Conference with real property negotiator: Property — APN 370 - 060 -050 southeast of Corydon /west of Mission Trail Agency negotiator — Dean Deines Negotiating parties — Animal Friends of the Valleys and Elsinore Valley Municipal Water District Under negotiation - Price /terms /Conditions of Payment Name of local agency representative on Joint Powers Agency Board: Councilman Thomas Buckley (16) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section (GOV'T CODE SECTION 54956.9: (1 potential case) CC June 9, 2009 Item No. 2 Page 41 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 28 2009 Page 2 of 19 7:00 P.M. REGULAR MEETING OF THE CITY COUNCIL RECONVENE THE MEETING PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Mayor Magee. INVOCATION — MOMENT OF SILENT PRAYER The Mayor led the audience in a moment of silent prayer. ROLL CALL All Council members were present as noted by City Clerk Thomsen who declared a quorum was present. PRESENT: Mayor Magee, Mayor Pro Tern Melendez, Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, Agency Counsel Leibold, and City Clerk Thomsen. Staff members present included 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, Police Chief Cleary, Fire Chief Hendershot, Information / Communications Manager Dennis. CLOSED SESSION City Attorney Leibold gave a brief overview of the Closed Session items stating Council met at 5:00 p.m. for discussion and stated there was no reportable action. CC June 9, 2009 Item No. 2 Page 42 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 28 2009 Page 3 of 19 PRESENTATIONS / CEREMONIALS Mayor Magee requested Lake Elsinore Lions Club President Frank Brande come to the podium to present Dr. Robert Joyce and his staff of Mission Optometry with a Certificate of Recognition. Mr. Brande commented on how helpful Mission Optometry has been and have helped hundreds of people in Lake Elsinore to receive the gift of sight. Dr. Robert Joyce introduced his staff in honor of their recognition and stated he had only been with the practice for 3 years and they were assisting the community long before he arrived. He thanked them for being such a wonderful staff and commented how caring they are of their community. Mayor Magee invited Virginia Marshall, a Riverside County Mental Health Department Board Member to accept a Proclamation for "May is Mental Health Month celebration" and give an overview. Ms. Marshall commented that Mental Health affects all people, ages, nationalities, and is the most prominent health problem in America, even greater than heart disease and cancer combined. She stated early detection is essential and how proud she is that Lake Elsinore now has a local Mental Health Clinic. Ms. Marshall stated that recognition of Mental Health increases awareness which will help reduce the stigma of Mental Health. She invited everyone to the clinic to visit the clinic located at 9990 Cummingham Road. Mayor Magee requested Mark Norton from the Lake Elsinore San Jacinto Water Authority (LESJWA) to give an update of their activities. Mr. Norton reviewed many items which have led to the successful water - quality clean up of their region. Regarding Lake Elsinore, he thanked the City for their positive collaboration and the multi- agency involvement, the removal of the overpopulation of Carp (1.3 million pounds removed) which along with the water quality improvements and the stocking of Stripped Bass has truly made Lake Elsinore's fishing one of the best in the regions. He noted how improvements have been made to maintain the water quality, such as a Destratification System (Phase 1), Chemical phosphorus removed, treatment plant updates, flow pumps, and a water recharge pipeline. He also gave a brief update of improvements made to Canyon Lake, such as dredging and a biological monitoring program. Mr. Norton stated budget :allocations are important and hopeful for funding from Proposition No. 84. Mayor McGee asked the Council if they had any questions. Councilmember Buckley inquired how many fish equated to 1.3 million pounds, to which Mr. Norton equated to 600,000 fish. Councilman Buckley commented when he drives along Ortega Highway, at the higher altitude and the aeration pumps are working, the water has lines that is a different color than the rest of the water. Mayor Magee invited City Staff Information and Communications Mark Dennis to come to the podium to discuss the California Association of Public Information CC June 9, 2009 Item No. 2 Page 43 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 28` 2009 Page 4 of 19 Official Award ( CAPIO) award received by the City. Mr. Dennis commented stated CAPIO consisted of 300 various cities and agencies within California and it was an honor for Lake Elsinore to be recognized. The project that brought the recognition was the Loaner Life Jacket Safety Program. This community project was now well known and a huge success. Not one person has drowned since this program has been implemented. Director of Lake and Aquatics Kilroy came to the podium along with Jay Stewart from the Public Safety Advisory Commission (PSAC). Director Kilroy praised everyone who was involved in implementing the program stating the lake is safer now, although and no one will ever know how many lives have been saved because of the program. Mike Norkin was invited to present the Lake Elsinore's Chamber of Commerce Quarterly Update. Mr. Norkin discussed some of the highlights of the Quarter's accomplishments, such as Frontier Days, and upcoming events such as the Jet Boat Races, the promotion of the Lake by the Fox Sport West Fishing Show, and a new Chamber magazine instead of a newspaper. In addition he discussed Economic Development and the possible college which may locate here, the positive numbers the Visitor Bureau and the website are receiving and a potential community card to encourage consumers to shop locally. Mayor Magee asked if there were any questions from Council. Councilmember Hickman asked Mr. Norkin if the Chamber's contract was current. It was determined the contract would expire in July and renewal should be discussed in the future. PUBLIC COMMENTS — NON- AGENDIZED ITEMS —1 MINUTE Steve Manos, Director of the Valley Association of Realtors stated he had prepared a package for each council member regarding a Down Payment Assistance program which would help stabilize the local community. Mr. Manos commented he has had success with other programs for surrounding communities in Riverside County, such as the City of Riverside and Lake Parris. Mr. Manos stated there is funding which must be used by February 27 or it will be swept up by the government. He suggested a Committee be formed to develop and publicize the program to help the city to determine how many local foreclosures exist. Pete Dawson came forward to inform everyone about the Boat Safety program currently in place by the Coast Guard. The program is an 8 weeks and a new class will begin on May 4 th from 7:00 — 9:00 p.m. Class cost range from $75.00 or $115 per couple, includes materials, are full of good information, and involves boat safety checks. If you have a boat and it passes a compliance inspection at the end of the class, you will be issued a safety card. Completions of these CC June 9, 2009 Item No. 2 Page 44 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 28`", 2009 Page 5 of 19 courses generally result in a reduction of boat insurance premiums. Mr. Dawson is available for questions at 951- 202 -1584. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES None. CONSENT CALENDAR — APPROVED Mayor Magee pulled Item No. 9 for clarification. (2) Continuance of City Council Minutes CONTINUED TO MAY 12 2009 Continued the following minutes to the May 12 Council meeting. (a) Joint City Council / Redevelopment Agency — March 24, 2009 (b) Regular Meeting of the City Council — March 24, 2009 and April 14, 2009 (3) Warrant List Dated April 15, 2009 Authorized payment of Warrant List dated April 15, 2009. (4) Investment Report— March 2009 Received and Filed. (5) Support of Senate Bill 566 & Senate Bill 669 — Authorized the Mayor to send letters of support to Senator Hollingsworth for Senate Bill 566 and Senate Bill 669. (6) Approval of Parcel Map 36164, A Development by Diamond Professional Plaza for Condominium Purposes (1) Approved Parcel Map 36164 for Condominium Purposes subject to the City Engineer's acceptance as being true and correct. (2) Authorized the City Clerk to sign the map and arrange for the recordation of Parcel Map 36164. (7) Household Hazardous Waste Collection Agreement County of Riverside Waste Management Department Approved the Agreement with the County of Riverside Waste Management Department for collection of Household Hazardous Waste. CC June 9, 2009 Item No. 2 Page 45 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 28'", 2009 Page 6 of 19 0 1 WUILV101111 Q FUI LIU] I UI I\IUIIL %JI - VVCIV ILIIUWII a5 r - III IL OLIum (1) Adopted Resolution No. 2009 -14 approving the Summary Vacation of a Portion of Flint Street. (2) Approved the Quitclaim Deed and directed the City Manager to process the document with Riverside County. Passed and adopted the following Resolution: "Resolution No. 2009 -14 - A Resolution of the City Council of the City of Lake Elsinore, .California, vacating a portion of Flint Street and authorizing the processing of a Quit Claim Deed. " (9) Hybrid Vehicle Purchase PULLED FROM CONSENT CALENDAR (10) Closure of Main Street from Graham to Lakeshore for DMA May 9, 2009 Car Show Approved closure of Main Street from Graham to Lakeshore to host the DMA Route 395 Hotrod Show on Saturday, May 9, 2009. (11) Approval of Unallocated Funds for Abatement of Substandard Buildings at 111 Langstaff Street (REAR), and 434 Avenue 5 (1) Approved the use of unallocated funds to complete the abatement of the two structures. (2) Allow the structures to remain and have Code Enforcement continue to monitor the properties to assure they are secured and free of transient activity. Councilmember Hickman questioned if the owners had been notified. Building and Code. Enforcement Manager Chipman verified the owners had been properly notified. Councilmember Bhutta asked Manager Chipman how long staff has known about the need to demolish these buildings stating recently money was transferred out of the proper fund. She questioned if staff was aware of any other future need for demolition. Building Manager Chipman responded that it takes staff approximately four months for the city to go through the legal notification and to prepare. He stated these buildings had not yet reached this stage when the funds were transferred. He stated it is anticipated nuisance abatement action is probable; there will be other properties in the future. CC June 9, 2009 Item No. 2 Page 46 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 28", 2009 Page 7 of 19 Councilmember Hickman stated he recently drove by the location on 434 Avenue 5 and noted the excessive trash on the property and questioned if the inside of the building was the same. Building Manager Chipman responded yes, the inside of the property is the same. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Bhutta and unanimously carried to approve the Consent Calendar as recommended Continuing Item No. 2 to May 12, 2009 and with the exception of Item No. 9 which was removed from the Consent Calendar for further clarification. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PULLED FROM CONSENT CALENDAR - APPROVED (9) Hybrid Vehicle Purchase (1) Authorized the City Manager to bypass the bid process. (2) Authorized the City Manager to purchase 2- hybrid trucks and 1- hybrid SUV in accordance with the requirements set forth in AB2766 and NPDES Program requirements. (3) Authorized the City Manager to execute any and all documentation on behalf of the City in connection with the purchase of the 2- hybrid trucks and 1- hybrid SUV. Mayor Pro Tern offered clarification regarding purchasing these vehicles, stating the funds are not coming from the City's General Fund. A portion of money is being received from the National Pollution Discharge Elimination System ( NPDES) and the balance from the Air Quality Management District. MOTION was made . by Mayor Pro Tern Melendez, second by Councilmember Hickman and unanimously carried to approve Item No.9 which was removed from the Consent Calendar for further clarification. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. CC June 9, 2009 Item No. 2 Page 47 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 28 2009 Page 8 of 19 PUBLIC HEARING(S) Notice for all of the Public Hearings listed below has been duly given and Affidavits of Compliance are on file in the City Clerk's office. (12) Industrial Design Review 2007 - 04 CONTINUED TO DATE UNCERTAIN Recommendations: (1) Waive further reading and adopt a Resolution adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). (2) Waive further reading and adopt a Resolution approving Industrial Design Review No. 2007 -04. Acting Community Development Director Weiner provided an overview of the project to the Council. He indicated the project originally went to the Planning Commission in October 2008. He stated staff recommended denial which was continued by the Planning Commission. Mr. Weiner stated the Planning Commission again continued the item in January 2009 for further analysis and stated in March 2009 the Planning Commission made the findings for approval and the set back issue was addressed through a Variance. Mayor Magee opened the Public Hearing at 7:40 p.m. John Treese, resident of Lake Elsinore spoke in opposition of the project. He stated he submitted to the City Clerk a signed petition with 51 signatures of the Serenity neighborhood who opposed the project. He stated he found only 1 family who was in favor of the project. Mr. Treese stated the project should have been denied based upon staffs recommendation for denial; however the Planning Commission continued the item in October 2008, January 2009, and in March 2009 issued a Conditional Use Permit (CUP) and a Variance allowing four exceptions which allowed the project to continue. He indicated one of the exceptions involved the set -back of the building to allow the design to fit on the property. Mr. Treese stated many reasons why the project should not be allowed, such as a commercial unit in a residential neighborhood, safety related issues such as the drive -way being too small for large vehicles traffic issues, lack of visibility and the turning lane onto Palomar from Corydon. Jane Elinore, resident of Lake Elsinore spoke in opposition of the project. She addressed the safety issues and the trees which would need to be removed if the project is approved. CC June 9, 2009 Item No. 2 Page 48 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 28 2009 Page 9 of 19 Mike Dunn, applicant of the project addressed the council stating they desired to build on that corner and that they have spent a lot of time working closely with the planning staff and stated he appreciated their assistance through out the project. Mr. Dunn stated at this point the issues were resolved. He stated his understanding tonight's discussion was only related to the design of the building. Mr. Dunn went on to give further details of the project and the issues which were resolved for reference: Regarding design, the project was designed by Associates of San Clemente, who were selected because this is a difficult site with the earthquake fault down the middle of the parcel. The architectural firm is if not the Number 1 storage architectural design firm in the country, and then at a minimum they are ranked 2 nd or 3` He stated this is a good looking design with the purpose of accentuating the seascape, the building goes in and out to create depth, will be heavily landscaped, and vines will grow along the mobile home wall. Mr. Dunn stated the driveway is not too short, the architectural firm did not feel it is a problem and they are the experts who should know. The applicants met 3 or 4 times with Planning Committee regarding the placement of the driveway, which is not in the middle of the property, but at the end where it was determined to be the safest. Mr. Dunn noted the corner will be heavily landscaped and not be an eyesore, instead will be a good addition due to the Spanish design, Mr. Dunn stated they are good to the communities where they have existing business. He further stated he and his partner are good community members, will join the Chamber of Commerce, and noted their commitments to other communities. Mr. Dunn noted he would stay after the meeting to answer any questions that anyone might have. He commented that even though they may not be receiving support from the Serenity neighbors the project is more than meets the eye is terms of what it brings to the community. There being no further speakers regarding this item, Mayor Magee closed the Public Hearing at 7:52 p.m. and brought the item back to the dais for discussion. Councilmember Buckley noted discussion can only be related to the design review since the CUP & Variance were not on the Agenda. He stated he can not support the project due to the landscaping, the bare walls, the driveways and the lack of an on -site manager. He offered further clarification. The wall facing the mobile home park is a dead -space wall, although the vines will eventually grow. He noted the entrance which is too much detraction and should of matched Summerset Street with the exits and stating it is not a good idea to have 2 entrances and exits within 500 feet on one side of the street with minimal landscaping. He commented the driveway was 43 feet although rental space is available for a 46 foot vehicle. He noted there would not be an on -site manager CC June 9, 2009 Item No. 2 Page 49 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 28 ", 2009 Page 10 of 19 stating self storages are difficult to manage and to keep clean and graffiti free. Councilman Buckley stated he could not support this project at any location. Councilmember Hickman stated his main concern is the entrance to the facility, the entrance and exists do not correlate with the street, therefore it would be difficult for a big rig to make the turn, especially if towing something. He further stated this project is at wrong location; he would prefer to see a park and could not support this project. Mayor Magee stated that there were 3 options: (1) Deny the project with findings, (2) Approve the project as proposed (3) Approve the project with design modifications, or ... Mayor Pro Tern Melendez stated there was another option; continue with direction to the applicant to make modifications in respect to the design. Mayor Pro Tern Melendez asked Mr. Seumalo to explain why the driveway was offset. Mr. Seumalo responded stating he had spoken with the City Engineer who did the field review. He commented initially the driveways did align up, but it was determined it was better to have them not align, due to stacking. He further clarified vehicles may be slow while making a left hand turn into the facility. Director Seumalo stated with the driveways as shown, there was not an adverse offset because there is now separation; the left hand turn happens before you meet the cars not after, the space between Corydon Street was maximized due to a decision made by the field staff. Mayor Magee pointed out that the Planning Commission has already approved the CUP and Variance to allow less landscaping. He stated if he were to approve the project, he would require additional landscaping. He questioned if staff thought the design of the driveway was appropriate and safe. He noted the project does not bring in sales tax revenue and possibly could be argued that it requires more maintenance since there would not be a full -time care taker. He spoke of the mature trees on site which would be eliminated should the project be approved. He stated the Planning Commission amended Condition No. 75 which called for a radar sensitive light that would illuminate the miles per hour of the vehicles on Palomar. Mayor Magee stated should this project be approved, this condition should be re- established. He indicated the project is part of the East Lake Specific Plan developed in 1991 with a specific vision which did not include commercial buildings at this location. Mayor Magee stated he would like to see the item continued or recommend approval with significant modifications. He suggested the project be re- designed to include active and passive recreational areas (which could be enjoyed by residents), additional landscaping to include a minimum of 50 percent coverage through -out the balance of the property, additional improvement and enhancements architecturally, landscaping added to the rear wall, and upgrades on the Corydon elevation at Palomar. CC June 9, 2009 Item No. 2 Page 50 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 28 1 ", 2009 Page 11 of 19 Mayor Magee went on to say that as Mr. Dunn had stated there was more to the project than what meets the eye. He addressed the financial benefit would be property tax, no sales tax increase, and no additional employment. Councilmember Buckley questioned if the project was in alliance with the Multiple Species Habitat Conservation Plan ( MSHCP). City Attorney Leibold stated clearance needed to come first before entitlement, and confirmed the MSHCP was done and acceptable. A motion was made by Mayor Pro Tern Melendez to continue Industrial Design Review No. 2007 -04 with direction to the applicant to work on the design and to meet with the opposing residents. Motion failed for lack of second. NOTE, THIS MOTION. WAS LATER SUPERSEDED MOTION was made by Mayor Magee, second by Mayor Pro Tern Melendez and unanimously carried to continue Industrial Design Review off calendar and request the applicant work with staff and the neighbors, to make Mr. Treese the point of contact, and modify the design to include substantial additional landscaping, architectural enhancements, recreational activities and preservation of the on -site mature trees. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Ron Ambergee, Mike Dunn's partner approached the council unannounced requesting clarification of what the Council was asking them to do, his interpretation was the Council wanted to turn the area into a park. He further stated he is a property owner who has cleared the environmental aspects of the project. He stated he understands the Council was not in favor of this project, and stated the businesses down the street did not have to go through the same requirements further alleging the Council was against business which is in conflict with the Chamber of Commerce who attempts to bring business into a city. Mr. Ambergee further commented that asking him to put a sign out for the speed limit, to his knowledge has never been requested previously in the City of Lake Elsinore. Mr. Ambergee directly asked Council if they had made this request to any other private property owner; to place a speed limit sign on private property and to increase their landscape by 50 percent? Councilman Buckley responded he was not aware of any previous request. CC June 9, 2009 Item No. 2 Page 51 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 28 2009 Page 12 of 19 Mr. Ambergee stated what the Council was requesting was wrong and further stated there were legal entanglements he could foresee coming down the road due to the Council's action. He stated the project was before the Council for the purpose of design only. Mayor Magee asked Mr. Ambergee directly if he was threatening litigation to which he responded no; but then stated if what he had heard was correct and only applied to his project and not others, Council was trying to skirt their dislike for his project and attempt to place the blame things on the design. Mayor Magee stated he said had no response at this time. Councilmember Buckley responded stating he did not like the project; his view was based upon the design, which was why he previously made the comment to airlift the project out when he had discussed it. Mayor Pro Tern Melendez asked if she could make a substitute motion to which Mayor Magee responded substitute motions are heard first. SUBSTITUTE MOTION was made by Mayor Pro Tern Melendez, second by Mayor Magee to continue Industrial Design Review off calendar until discussion could be held with the applicants, developer, and the local residents. AYES: Bhutta, Hickman, Magee, Melendez. NOES: Buckley. APPEALS) None. BUSINESS ITEM(S) (13) Amendment to Section 16.83.040, Part A of the Lake Elsinore Municipal Schedule (1) Approved the first reading of an Ordinance amending and restating Section 16.83.040, Part A of the LEMC by title only and waived further reading. CC June 9, 2009 Item No. 2 Page 52 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 28 2009 Page 13 of 19 (2) Adopted Resolution No. 2009-15 establishing the Transportation Uniform Mitigation Fee Schedule beginning July 1, 2009. Public Works Director / City Engineer Seumalo gave an overview stating the Ordinance would amend the Lake Elsinore Municipal Code reflecting the new TUMF fees effective July 1, 2009. Director Seumalo stated fees were reduced for residential, industrial, retail commercial, service commercial, and Class A and B office space. Passed and approved the introduction of an Ordinance: MOTION was made by Councilmember Buckley, second by Mayor Pro Tern Melendez and unanimously carried to approve the introduction of an Ordinance amending and restating Section 16.83.040, Part A of the Lake Elsinore Municipal Code by title only and waived further reading as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. MOTION was made by Councilmember Buckley, second by Councilmember Bhutta and unanimously carried to approve Resolution No. 2009-15 establishing the Transportation Uniform Mitigation Fee Schedule beginning July 1, 2009. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Passed and adopted the following Resolution: "Resolution No. 2009 -15 - A Resolution of the City Council of the City of Lake Elsinore, California, establishing the Transportation Uniform Mitigation Fee ( TUMF9 applicable to all developments in the City of Lake Elsinore." (14) Second Reading - Ordinance of the City Council of the City of Lake CC June 9, 2009 Item No. 2 Page 53 of 59 Waived further reading and adopted the Ordinance as listed above: Lake Elsinore City Council Regular Meeting Minutes of April 28 2009 Page 14 of 19 MOTION was made by Councilmember Buckley, second by Councilmember Hickman and unanimously carried to approve Ordinance No. 1259 amending Sections 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, and 17.132.030 of the Lake Elsinore Municipal Code regarding Religious Land Uses as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Adopted the following Ordinance: "Ordinance No. 1259 - An Ordinance of the City Council of the City of Lake Elsinore, California, amending Sections 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, and 17.132.030 of the Lake Elsinore Municipal Code regarding Religious Land Use." . (15) Second Reading - Approving and Adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. I - Waived further reading and adopted the Ordinance as listed above: MOTION was made by Councilmember Buckley, second by Councilmember Bhutta and unanimously carried to approve Ordinance No. 1260 amending Ordinances Nos. 607, 624, 987 and 1249, and Approving and Adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. I as recommended. Adopted the following Ordinance: "Ordinance No. 1260 - An Ordinance of the City Council of the City of Lake Elsinore, California, amending Ordinances Nos. 607, 624, 987 and 1249, and Approving and Adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. l." (16) and adopting the Amended and Restated Redevelopment Plan For Rancho Laguna Redevelopment Project Area No. II Waived further reading and adopted the Ordinance as listed above: CC June 9, 2009 Item No. 2 Page 54 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 28 2009 Page 15 of 19 MOTION was made by Councilmember Buckley, second by Mayor Pro Tom Melendez and unanimously carried to approve Ordinance No. 1261 amending Ordinances Nos. 671, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan For Rancho Laguna Redevelopment Project Area No. 11 as recommended. Adopted the following Ordinance: "Ordinance No. 1261— An Ordinance of the City Council of the City of Lake Elsinore, California, amending Ordinances Nos. 671, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan For Rancho Laguna Redevelopment Project Area No. fl. " (17) and adopting the Amended And Restated Redevelopment Plan For Rancho Laguna Redevelopment Project Area No. III Waived further reading and adopted the Ordinance as listed above: MOTION was made by Councilmember Buckley, second by Mayor Pro Tom Melendez and unanimously carried to approve Ordinance No. 1262 amending Ordinances Nos. 815, 987 And 1249, and approving and adopting the Amended And Restated Redevelopment Plan For Rancho Laguna Redevelopment Project Area No. III as recommended. Adopted the following Ordinance: "Ordinance No. 1262— An Ordinance of the City Council of the City of Lake Elsinore, California, amending Ordinances Nos. 815, 987 And 1249, and approving and adopting the Amended And Restated Redevelopment Plan For Rancho Laguna Redevelopment Project Area No. lll." PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Barbara Anderson, notified all of the upcoming NAACP Branch # 1034 holding their 5 Annual Scholarship Awards Banquet on Saturday May 9th at the Diamond Club. Ms. Anderson noted some of the prestigious colleges students were attending. She stated this year's theme is "Education: The Key to Success." Keynote speaker is Dr. Lindsey E. Malcolm of UC Riverside. The time is 3 p.m. to 5:30 pm. Dress is baseball casual with the following game included with the event. Additional information can be obtained from calling 951 - 440 -7895. CC June 9, 2009 Item No. 2 Page 55 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 28 2009 Page 16 of 19 Ms. Anderson also invited all to attend the Temecula Valley Branch of the American Association of University Women for an event full of singing and dancing to popular Broadway show tunes, such as Cabaret, South Pacific and The Full Monty. She stated those serving refreshments will be staffed by University Women known as "Affiliates" who are returning to the education world and have not yet obtained their Associates Degrees. Proceeds of the funds will help support their endeavor. Additional information can be obtained from calling 951 - 302 -0375. Jess Cuellar, resident of Lake Elsinore, referred to a personal property related matter involving Grand Theft Felony (over $5,000. value) taken from his rental home and sold. He legally evicted his tenants via the judicial system. The Judicial allowed the renters to remain in the home for an additional 3 weeks. During that time they stripped the house of all appliances, fixtures, tools, etc. Police were notified over 1 month ago; however, he stated prosecution has not been forthcoming. He requested the Council to expedite this matter. Mayor Magee responded, stating it is up to the County District Attorney's office to determine prosecution. Mr. Cuellar's issue is both a civil and criminal matter. Mayor Magee referred Mr. Cuellar to Lake Elsinore's Police Chief Cleary; stating if Mr. Cuellar feels he has been mistreated by the Lake Elsinore police to notify the Mayor. Ann Alfaro, a resident from the City of Riverside, stated she is addressing the Council regarding the Lake Street Market Place, and was contacted by Ms. Araceli Jiminez after reading a recent newspaper article in the Press Enterprise (Ms. Alfaro is running for City Council in the La Sierra, Ward 6 District). In the promotional story regarding Ms. Alfaro, it was mentioned her husband passed away from of Valley Fever which travels by spores. Her husband was diagnosed in November 10 and passed away December 24th. She informed the Council of the seriousness of the disease and requested them to consider this issue when they were making their final decision regarding the project. George McDonough presented to Council an envelope with documentation regarding a new traffic study completed by those opposed to the Lake Street Market Place. He noted the study was conducted from the location of Lake Street and the Alberhill Soccer field. Mr. McDonough stated the professional traffic engineer previously did not fully define the definition of the Markings A, B & C of the existing study. He stated the Mitigated Negative Declaration determined traffic is bad and will continue to get worse. Mr. McDonough expressed his concern regarding Castle & Cooke involving the Home Owners Association of Alberhill regarding the distribution of a survey regarding the proposed project. He commented on a statement made by the proponents of the project stating the petitions signed by the opposition should be taken with a grain of salt. CC June 9, 2009 Item No. 2 Page 56 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 28 2009 Page 17 of 19 Mr. McDonough further stated continuing the project for 4 weeks before being brought back to Council is detrimental to the opponents. Araceli Jimenez, a member of the voters against the Lake Street Market Place stated she has addressed many reasons she is against the project in the past, but tonight she is focusing on a personal reason. She referenced the comments of Ms. Alfaro stated earlier and her family's personal concerns regarding seriousness of this disease and the health of her husband who has Valley Fever. Ms. Jimenez requested Council to consider this aspect when making their decision regarding the proposed project. CITY MANAGER COMMENTS City Manager Bob Brady announced the following events to take place in the community within the next week. He stated there were 3 openings on the Public Safety Advisory Commission and noted the qualifications. Applicants be either a resident or own a business within the City limits of Lake Elsinore. Applications are available on the City website or at City Hall at the City Clerk's office and will be accepted from Wednesday, April 29 through Wednesday, May 27th. Original applications are to be returned to the City Clerk's office. City Manager Brady announced The Ronnie Kovack show currently on Fox Sports Network, has been filming "The Miracle of Lake Elsinore's Fishing" and actually caught a record breaking fish, an 8 lb 8 oz Bass. The show is scheduled to air at the end of May. Currently a Saturday morning radio airs on AM Station 8.30 from 5 a.m. to 7 a.m. Mr. Brady thanked everyone who contributed to this promotional opportunity. Wednesday Wal -Mart Grand Re- opening April 29th 7:30am Ribbon Cuffing Event 31700 Grape Street Wednesday Southwest California Business Summit April 29th 8:00 a.m. - 2:00 p.m. South Coast Winery 34843 Rancho California Road Temecula, CA 92591 951 - 461 -8300 Nancy Obenberger Saturday NAACP Scholarship Awards May 9th 3:00 a.m. - 5:30 p.m. The Diamond Club 500 Diamond Dr. 951440-7895 (Sharon) CC June 9, 2009 Item No. 2 Page 57 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 28` 2009 Page 18 of 19 Friday Golf with Cops for Kids May 15 7:00 a.m. Links at Summerly 29381 Village Parkway 951 - 245 -3389 Tom Thomas CITY ATTORNEY COMMENTS None. CITY COUNCIL COMMENTS Councilmember Hickman stated the Unity 5K Walk / Run was a success and thanked everyone who helped to organize and all of the participants. He expressed his gratitude specifically to Ms. Maureen Foster Davis from the Lake Elsinore Recreation Department, Ms. Mary Brown from the Elsinore Valley Municipal Water District, and Ms. Jana Klas from Rice Canyon Elementary School for their commitment to the event stating approximately 500 to 700 people were involved. The reminded everyone to participate in the NAACP scholarship funding and thanked the Chamber of Commerce for the success of Frontier Days. Mayor Pro Tern Melendez thanked the Chamber of Commerce and all those involved in the success of Frontier Days, stating her family attended the event and thoroughly enjoyed it. Councilmember Buckley reminded everyone there a meeting would be held on May 6, 2009 at 5 p.m. regarding the Downtown Master Plan and invited everyone to attend. Representatives from the City Council / Redevelopment Agency, Planning Commission and the Public Safety Advisory Commission would be in attendance. Councilmember Bhutta concurred Frontier Days was a huge success and enjoyed by her family. She congratulated staff for winning the CAPIO award for the Loaner Life Jacket Safety Program and reminded everyone to shop locally. She reminded the community employ good health habits. Mayor Magee then adjourned the meeting. CC June 9, 2009 Item No. 2 Page 58 of 59 Lake Elsinore City Council Regular Meeting Minutes of April 28 2009 Page 19 of 19 ADJOURNMENT There being no further business to come before the Council, Mayor Magee adjourned the meeting at 8:41 p.m. The next regular meeting of the Lake Elsinore City Council is scheduled for Tuesday, May 12, 2009, at 5:00 p.m. for Closed Session items in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530 followed by the Regular meeting at 7:00 p.m. Debora 'Phomsen Debora Thomsen, CIVIC City Clerk, City of Lake Elsinore, California CC June 9, 2009 Item No. 2 Page 59 of 59