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Home My WebLink AboutCity Council Item No. 3CITY OF LADE � LSIlYOIZE DREAM EXTREME- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 24, 2009 SUBJECT: WARRANT LIST DATED MARCH 12, 2009 Discussion The warrant list is a listing of all general checks issued since the prior warrant list. Recommendation Authorize payment of Warrant List dated March 12, 2009. Prepared By: Crystal Robinson Account Specialist I Reviewed By: James R. Rile Acting Director o Administrative Services Approved By: Robert A. Brad City Manager Agenda Item No. 3 Page 1 of 5 MARCH f2, 2® ®J CITY OF ]LAKE ]E]LSINORE FIRTI FUND# PUNK DESCRIPTION TOTAL 100 GENERAL F UND $ 533,327.87 105 MISC. GENERAL PRO JECT FUND 32,132.48 107 DEVELO AGREEMENT REVENUE FU 1,552.50 110 S TATE GAS TAX FUND 10,546.57 112 TRANSPOR /ME ASURE A FUND 14,021.42 13 LIGHTIN /LANDSCAPE MAINTE FUND 62,690.88 135 L.L.M.D. NO. 1 FUND 450.00 205 TRAFFIC IMPACT FEE FUND 141.24 211 STORM DRAIN C .I P. FUND - - 16,584.17 352 A .D. 86 -1 DEBT SERVICE FUN 1,399.63 357 C .F.D. 2003 -2 DEBT SE FUND 6,439.63 369 C.F.D. 20 -3 R OSETTA CANYON D EBT SERVICE FUND 14,720.00 371 -- - C.F .D. 2005 -1 SERENIT DE BT SERVICE FUN 3,707.50 373 C.F.D. 200 -5 W ASSON CANYON DE BT SERVICE FUND _ 1,399.63 384 C.F. 2003 -2 SRS 20 06A DEBT SERVICE FUND 1,399.63 606 MOBILE SOURCE AIR POLLUTION 2.237.45 608 TRU D EPOSIT & PREPA E XPENSE FUND 25,000.00 620 CO ST RECOVERY SYSTE FUND 6,808.75 GRAND TOTAL 3118/2009 Warrant 031209 loft $ 734,559.35 Agenda Item No. 3 Page 2 of 5 MARCH 12, 2®®9 CITY OF ]L ELSINORE WARRANT LIST CHECK# VENDOR NAM1 AMOUNT 77799 78506 VOID- MORROW P LUMBING, INC. VOID - ORANG COUNTY SHERIFF'S DEPART $ (10.32) (1 5.00) 81501 VOID -STA HENDERSHOT ( 32.00) 94 848 THE L .LU. O F N.A. _ 3,095.78 9484 I C.M.A. R ETIREMENT TRUST 3,800.16 94850 STATE COMPENSATION IN SURAN CE FUND 14,804.22 94851 FLEXIBLE BENEFITS GRO I NC. 108.00 94852 BCS INSURANCE & FINA NCIAL SERVICE, INC. 337.90 94853 LAKE ELSINORE VALLEY EDUCATION FOUNDATION 400.00 98917 - 989 A & A JANITORIAL SERVICE 2,470.00 98919 A COM S OLUTIONS 2,469.73 98920 - ALLIED T RAFFIC EQUIPMENT RENT INC. 224. 98921 A MERICAN FORENSIC NURSE 283.5 98922 AMERIC MATERIAL CO. 525. 9892 AMER IPRIDE SERVICE 109. 98924 ANIMAL FRIENDS OF THE VALLEY 7,500.00 98925 BANK OF AM ERICA ( 0619), CITY MANA OFFICE 1,329.38 98926 BANK OF AMERICA (2017). FIRE CHIEF 1RIR 9R 9 8927 BANK O AMER (3309), FIRE STAT #85 13. 10 98928 BANK O AM ERICA (4245), PARK & RECREATION DEP _ 180.00 9 8929 BAN OF A MERICA (6673), LAK & AQUATIC RESO DEPT. 396.13 98930 _ BEVE R ADIOLOGY- WILD 90.00 989 BI -TOX L ABORATORIES 1,568.89 98932 BUREA VERITAS NORT AME RICA, INC 1,857.85 98933 CA LIFORNIA OFFICE OF TR SAFETY 275.00 98934 CAL IFORNIA OFFICE O F TRAFFIC SAFETY 275.00 98935 STATE OF CALIF D EPARTMEN T O F JUSTICE 665.0 98936 CALOLYMP GLO & SAFETY CO 2 3.67 98937 _ CANO FIN ANCIAL SERVICES, INC. 466.56 9 8938 CNH CAPIT AMERICA, L.L 3,251.42 INC. 98940 CODE PU BLISHING COM PANY 251.4 . 0__ 98941 COLE CONSTRUCT 2 88.50 9894 CO NATIONA B ANK 1 ,557.94 98943 CO RMAN LEIGH -TO LAKESHOR L.L. 1,552.50 9 "I A. COURY _ z Rn 989 45 CURRENT S OFTWARE, INC. 1.250.00 YN 98947 D & L WHEELER ENT 28,548.16 98948 D & S ELECTRIC 263.5 9894 DATA QUICK INFORMATION SYSTEMS, INC. 130.50 98950 DAVE FO 98951 DAVID EV ANS & ASSOCIATES, INC. IN 9895 ELSIN ELECTRICAL S INC. 2 77,27 - - - - - 98959 -98960 EL PIONEER L CO. 599.66 98961 EL SINORE VALLE R ENTALS 29.63 98962 EXCEL LANDSCAPE, INC. 13.735.12 312. 495.00 76.98 AA.U.r. 17955 E. V. M. W D. E.D.C. SOUTF 3/18/2009 Warrant 031209 1 OF 3 Agenda Item No. 3 Page 3 of 5 MARCH 12, 2009 CITY OF ]LAKE ]E]C SINOR E WARRANT LIST CHECK# VENDOR NA ME AMO 98963 FEDERAL EXPRESS CORPORATION 161.87 98964 FERGUSON GROUP L.L.C. 142.13 9 896 5 JACOB GONZALEZ 35.00 98966 ARLINE GULBRANSEN 237.08 98967 _ LORENA HANCOCK - 5,1 98968 _ HARRIS & ASSOCIAT INC. 41 ,313.67 98969 HARTZOG & CRA BILL, IN C. 1,955.00 98970 HDR ENGIN INC. 7,073.61 98971 STACY HENDERSHOT 32.00 9 8972 HEWLET - PACK COMPANY 90.51 98973 HI-WAY S AFETY, INC. 833.72 98974 DANA HOWELL 98976 IMPACT PR PRODU 25 ,97 98977 INFOQUES TEC HNOLOGIES, IN 49.90 98978 INLAND EMPIRE LOCK & KEY 65.42 INNOVATIVE DOCUMENT 98980 DE JAN 326.25 98981 JO HN KAISER — 312.50 9898 JTB SUPPLY COM INC. _ 1,465. 98983 STEVE KARVE 180.00 98984 LAKE BUICK PO NTIAC GMC, IN 3 ,480.81 98985 LAKE ELSIN VALLEY CHAM OF COMM 4,227.00 98 986 LEAGUE OF CAL IFORNIA CITIE 14,278.00 989 LEXIS NEXI 117.00 98988 ALEJAND LEYTTLE 58.72 98989 -9 8990 LOWE'S HOME CENTERS, INC. 2,801.80 98991 THE MAR FISHER COM 860. 9 8992 MASS GROUP, INC. 976.69 989 MAXGRAPHIQU 169.00 98994 CHRISTINA ANNE MEUMANN aan Fn 98995 -- — LINDA M MIL LER 2,71 4.25 98996 _ MORRO PLUMBING, IN — 41.45 98997 NBS GO VERNMENT FINANCE GROU _-C __ - 6,998.15 98998 NEAR CORPORATI 3,000.0 98999 -_... - _ NET TECHNOLOGIES, INC. - -- 4,500.00 990 - O CB REPROGRAP 460.09 99001 ORANGE CREDIT SERVICE 35.60 99002 ORTIZ ENTE RPRISES, I NC. 1 2,463.48 99003 P.B. - - 6,440.00 9900 PA RDEE HOME 10,000.00 99005- 99006 — PETTY CASH _ 31 9.49 99007 _ PREMIUM P MT. S P_ R_ I NG WATER — 121.00 99008 THE PRESS EN TERPRISE _ 171.60 99009 _. PRODUCTION VIDEO, INC -- 642.3 99010 P ULTE HOMES 10,000.00 99011 Q WEST COMMUNICATIONS 972 99012 REGIONAL MAT RECOVERY, INC 40.00 99013 RIGHTWAY S SERVICES, INC. 687.39 9901 RIVERSID COUNTY SH CORRECTIONS ACCOUNTING — 818.0 99015 - COUN ERSID RIV DEPARTM OF ENV HEALTH _ -- 336.00 916 90 RO BBIN S PEST M IN 510.00 3118/2009 Warrant 031209 2 OF 3 Agenda Item No. 3 Page 4 of 5 MARCH 12, 2009 CITY OF LAKE ]E]LSINO R]E 'WARRANT LIST CHECK# VENDOR NAME AMOUNT 99017 ROTARY CLUB OF LAKE E 85.00 99018 SAN FRANCISCO MARRIOT 971.70 99019 SCOTT FAZEKAS & ASSOCIATES, INC. 658.99 99020 99021 99022 99023 SHRED -IT SIEMENS - SMART & FINAL KATHLEEN R. SMITH 90.00 106.50 94.24 543.75 99024 DAVID S. SOLO 2,044.50 99025 99026 -99030 SOUTHEAST CONSTRUCTION PRODUCTS SOUTHERN CALIFORNIA EDISON CO. 80.97 53,557.06 9 903 1 SO UTHERN CALIFORN GAS CO. 678.51 99032 SPRIN 160.00 99033 STAPLE BUSINESS AD VANTAGE 1,04 5.56 99034 STAUFFER'S LAWN EQUIPMENT 20.33 99035 STK ARC HITECTU RE, INC. 2 ,196.48 99036 SUNGARD PUBLIC SECTOR USERS GROUP 195.00 99037 T T S TR UCK PAR 20.42 99038 TA RGET SP ECIALTY PRODUCTS 760.54 9903 TEAM AUTOAID, INC. 637. 99040 UNION BANK OF CALIF 2,64 99041 99042 UNITED PARCEL SERVIC VENUS PRINTI 22,84 191.31 99045 VERIZON CALIFORN 3,356.59 99046 VERIZON WIRELESS 65 .76 99047 VILLAGE EQUIP R ENTALS, INC. 605 .00 99048 TOM VO JR. 372.00 99049 VULCAN MATER COMPANY 574.36 9 9050 WESTER BANK O F CHINOOK 2,607.49 99051 ZONES CO RPORATE SOLUT 31.78 $ 350,017.59 NE DAT 02/1 7/09 CALIFO P .E.R.S. 44,493.18 02/24/09 CALI P.E.R.S. 99,582.57 02/24/09 CALIFORNIA P.E.R.S. 4.663.81 la *063 0.21 02/27/09 PAYROLL TAXES 50.111.48 03/04/09 W IRE TRANSFE -FLEX BENEFITS 03/13/09 WIRE TRA NSFER - FIRST AMERIC T RUST 6,595 GRAND TOTAL $ 734,559.35 CHECK STOCK #340686 THRU 340813 3/18/2009 Warrant 031209 3 OF 3 Agenda Item No. 3 Page 5 of 5 DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 24, 2009 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council Minutes are submitted for approval: a) Special Joint City Council /Redevelopment Agency — February 4, 2009 b) Joint City Council /Redevelopment Agency Meeting -- March 10, 2009 c) Regular Meeting of the City Council — February 24, 2009 and March 10, 2009 Recommendation Approve the Minutes as submitted. Prepared by: Carol Cowley Interim City Clerk Approved by: Robert A. Brady City Manager t Agenda Item No. 2 Page 1 of 40 MINUTES SPECIAL JOINT CITY COUNCIL /REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 4, 2009 ................................. ............................... 0............ a, CALL TO ORDER -- 5:00 P.M. Mayor Magee the Joint Meeting of the City Council and Redevelopment Meeting to order at 5:04 pm. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Magee. ROLL CALL PRESENT: MAYOR/MEMBER MAGEE MAYOR PRO TEM /MEMBER MELENDEZ COUNCILWOMAN/VICE CHAIRWOMAN BHUTTA COUNCILMAN /CHAIR BUCKLEY COUNCILMAN /MEMBER HICKMAN ABSENT: NONE. Also present: City Manager /Executive Director Brady; City Attorney /Agency Council Leibold, Acting Community Development Director Weiner, Acting Administrative Services Director Riley, Public Works Director /City Engineer Seumalo, Parks and Recreation Director Gonzales, Director of Lake and Aquatics Kilroy, Captain Cleary, and Interim City Clerk Cowley. PUBLIC COMMENTS There were no public comments. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY DISCUSSION ITEM (2) Mid Year Fiscal 2008 -09 Operating Budget Review City Manager Brady provided the City Council with an initial report indicating staff was looking at ways to generate revenue for the City including providing in house services to other cities. He advised that he met with other city managers to determine what services the City of Lake Elsinore can provide to other cities in an effort to generate revenues. In addition, staff is looking at providing passport services. Agenda Item No. 2 Page 2 of 40 City Manager Brady introduced Acting Administrative Services Director James Riley who provided a Power Point presentation on the City's fiscal year budget. Mr. Riley advised that Revenue was down by $1.1 million due to sales tax being down 13% and fees being down 16.3 %. Mr. Riley reviewed the decreases made to various department budgets with an overall reduction of expenditures in the amount of $703,200, leaving a net deficit of $442,500. He advised Council that unfortunately, the increases in administration are mostly due to the increased costs of insurance so cuts were relatively low. Mr. Riley indicated staff is recommending $442,500 be allocated from the Supplemental Revenue Reserve to offset the deficit in the 2008 -09 budget. He advised the Supplemental Revenue Reserve was established to supplement future years' budgets and if Council approves this recommendation, the Supplemental Revenue Reserve will have a balance of $2.8 million, coupled with the Unallocated Reserve Fund the amount in total reserves is approximately $7 million. Mr. Riley advised Council that also included in their agenda packet material is the 2009- 10 budget calendar and the Budget Guidelines will be presented to Council for approval at the February 24 meeting and the 2009 -10 Budget process will begin in March. Thereafter Council discussed the issues, making suggestions for budget reductions in the future. Mayor Pro Tern Melendez asked about the energy audit and was advised that staff is researching LED system which can be a significant cost savings; in addition, staff is looking at water conservation as well as looking for grants and other funding sources. Councilman Hickman asked how the Lake pass sales were doing. Director of Lake and Aquatics Kilroy advised the passes were down from last year. Further discussion ensued regarding the jail access fees and using temporary and part-time employees. Councilwoman Bhutta acknowledged that there are things that are beyond the City's control; thanking staff for doing such a good job in cutting back. She expressed her opinion that reserve funds are still the people's tax dollars and the City cannot continue to balance the budget with those funds. She suggested finding other areas of revenue indicating she would like to see more grant writing because she also does not want to lay off any more people. Councilman Buckley discussed the current state of the economy statewide and the effects it will have on the City. He mentioned the State talking about deferring all sales tax and other areas that would have an affect on the City's budget. He advised that he cannot support closing city hall on Fridays and suggested if more furloughs were necessary that they be scheduled for a Tuesday after a Holiday Monday. He also asked if it was possible for the City to buy animal shelter bonds. Magee expressed his support of staffs recommendations in order to close the deficit gap. He acknowledged that the management team met for over 5 hours on Saturday which shows a special level of commitment. He advised that the City Council values staff, has vested in the staff and wants them to stay. He complemented Mr. Riley for doing an outstanding job and acknowledged the staff for taking the furlough days. He added the Budget Committee needs to look at service cuts, look at staffing cuts and Agenda Item No. 2 Page 3 of 40 work with partners like Elisinore Valley Municipal Water District and others. Mayor Magee liked the idea of investing in animal shelter bonds. Council concurred that staff has direction to use Supplemental Revenue Reserve funds to offset the deficit. City Manager Brady advised this item will be brought back to Council for formal approval. PUBLIC COMMENTS There were no public comments. ADJOURNMENT Their being no further business to come before the Council, Mayor Magee adjourned the meeting at 5:44 pm. ROBERT MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE Agenda Item No. 2 Page 4 of 40 MINUTES JOINT CITY COUNCIL/REDEVELOPMEMT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 10, 2009 CALL TO ORDER -- 5:00 P.M. Mayor Magee called the meeting to order at 4:02 pm ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM MELENDEZ COUNCILWOMAN BHUTTA COUNCILMAN HICKMAN ABSENT: COUNCILMAN BUCKLEY Also present: City Manager Brady, City Attorney Leibold, City Treasurer Baldwin, Acting Community Development Director Weiner, Acting Administrative Services Director Riley, Public Works Director /City Engineer Seumalo, Information /Communications Manager Dennis, Parks and Recreation Director Gonzales, Director of Lake and Aquatics Kilroy, Interim City Clerk Cowley. CLOSED SESSION 1(a) PUBLIC EMPLOYMENT (Gov't Code Section 54957(b)): City Clerk 1(b) 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 Agenda Item No. 2 Page 5 of 40 Name of local agency representative on joint powers agency board: Councilman Thomas Buckley 1(c) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: (1 potential case) PRESENTATIONS /CEREMONIALS Council Recognition — Robert Prado for achieving the Guiness World Record holder for varial heel flips on a skate board City Manager Brady confirmed that Robert Prado would be present at the 7:00 pm meeting to be recognized. Presentation by Elsinore Valley Municipal Water District -- Reclaimed Water Project Presentation by Jose Carvajal, Public Information Officer for Lake Elsinore Unified School District — California Healthy Kids Survey PUBLIC COMMENTS There were no public comments. CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approve the following minute(s): a) Regular Meetings — February 10, 2009 b) Joint City Council Redevelopment Agency — February 24, 2009 (3) Warrant List Dated February 26, 2009 Recommendation: Authorize payment of Warrant List dated February 26, 2009. Councilwoman Bhutta asked about Warrant No. 9860 to Linda Miller. City Manager Brady advised Ms. Miller is a contract planner and the warrant is for services rendered. (4) Cooperative Agreement Between County of Riverside and City of Lake Elsinore for Improvements to Dexter Avenue Recommendation Approve the agreement with Riverside County to share the cost for the repair and reconstruction of Dexter Avenue and direct the Agenda Item No. 2 Page 6 of 40 Mayor to execute the Agreement in such final form as approved by the Director of Public Works and the City Attorney. City Manager Brady advised Council that the County has requested one modification to clarify the amount the City will reimburse the County after a number of years. He explained that prior to four years the City would reimburse the County 40% of the County's contribution; and the County wanted additional language added that indicates between four years and five years 20% of the contribution would be reimbursed. City Attorney Leibold added the only other correction is in Section 1 the City's funding amount is $798,885 rather than an even $798,000 that was in the agreement that was circulated. City Manager Brady confirmed for Mayor Magee that the agreement will go to the Board of Supervisors at their March 24 meeting and will becomes effective sometime after March 24 when it is executed by the Board. Mayor Magee thanked Public Works Director Ken Seumalo and Ed Basubas for working so diligently with the County. It took an extra month but it was a $200,000 gain to the City's benefit. Mayor Magee indicated he had the occasion to meet with Juan Perez from County Transportation on more than one occasion and he is owed the City's thanks as well for working with staff and doing the right thing. He explained the City entered into this project with the intent of everyone paying their fair share and the politics of the County have interfered with that. He felt the City now has a document in place that will make the City whole. City Attorney Leibold advised Council that the award for the contract will be presented to Council at the first meeting in April. Mayor Magee confirmed with staff that closures between Dexter, Highway 74 and 1 -15 will be done so as not to restrict traffic. (5) Extend Term of Professional Services Agreement and Extra Work Authorization for Environmental Consulting on Boat Launch Facility Proiect Recommendation Approve the First Amendment to the Professional Services Agreement and "Extra Work" for HDR Engineering; then authorize the City Manager to execute the documents. Councilwoman Bhutta asked if the extra services was a result of having to resubmit as a new project. Director of Lake and Aquatics Kilroy advised that it is because the City did not qualify under the nationwide permit which is a streamline process and the City had to go the individual permit process. Mr. Kilroy responded to the Mayor's inquiry regarding a start date indicating the Agenda Item No. 2 Page 7 of 40 Corps of Engineers is requiring the City to do some alternative analysis to determine the least environmentally damaging alternative. He indicated the Corps has come up with some ideas they would like the City to consider; one would be a pier system for the parking lot to elevate the site rather than importing fill materials and depending on the outcome of that request, he thought it would be approximately 90 days before the project can be started. Mayor Magee noted that both Congressman Issa and Congresswoman Bono expressed angst that the Army Corps of Engineers was taking this stand with the City when the City is looking to improve the situation and they are holding the City up. He directed staff to make sure that the congress people are kept in the loop as to the status so that they can exude pressure from their side to move this project along. Mr. Kilroy acknowledged Mayor Magee indicating the original application was submitted about one year ago; however, a new staff member has been assigned to the City and he seems to be very responsive and so staff remains hopeful. Mr. Kilroy confirmed he would work with the City Manager in contacting the congress people. Mayor Pro Tern Melendez asked about the reference in the agreement to Habitat Mitigation and Monitoring Plan yet the agreement does not include any focus on any sensitive species and asked if the City was going to run into a problem where more studies are going to have to be done of species that have already been studied in that area. Mr. Kilroy responded indicating that is part of the unknown of these studies and provided Council with a description of the mitigation studies that would be required of the City. He also responded to a question from Councilwoman Bhutta as to whether the City had enough funds to complete the project by explaining there is approximately $200,000 in the Developer Impact Fees for Shoreline Facilities which are dedicated funds that can only be used for shoreline facilities so there are adequate funds to cover the costs. Councilman Hickman commented on the condition of the campground and asked when it would be coming to Council. He was advised that it would be brought back to Council in two weeks. The Mayor added that it is the City's responsibility to get the boat launch completed and the Army Corps has delayed that. The City has taken the right steps by barricading a hazardous situation; and has received state funds, has set aside funds and the City is ready to proceed; but a federal agency has put up a roadblock so for four years the City has been in a stranglehold. Agenda Item No. 2 Page 8 of 40 (6) Authorization for the City Manager to Enter Into Contract with ESA for the Recommendation Staff recommends that the City Council authorize the City Manager to enter into a contract with ESA for an amount not to exceed $37,000. Mayor Magee asked if the developer was changing the proposed density or the housing type. City Manager Brady acknowledged that they are making some changes to some of the uses. He said the number of units that can be developed is 4,275 and they do not want to increase the density but they are looking at shifting some of the planning areas. He added that some of the southside has to do with that portion that hasn't been developed along Railroad Canyon. (7) Transfer of CDBG Funds — Dangerous Structure Abatement Recommendation That the City Council 1. Approve the transfer of $87,903 from Dangerous Structure Abatement into the 2008 -2009 Code Enforcement — Nuisance Abatement project. 2. Approve submittal of the City's transfer request to the County of Riverside. Councilwoman Bhutta asked how many dangerous structure abatements are handled by the City on an annual basis. Building Manager Chipman advised that last year there was between 15 to 20 and this year it is about the same. He mentioned that there were five or six abatements currently in progress explaining that by transferring CDBG funds to Code Enforcement the funds can be used toward personnel costs. When it gets to the point where the City is going to incur costs, the matter will be brought to Council to determine whether or not the City expends the funds. He confirmed for Councilwoman Bhutta that if there are no funds available, the costs would have to come out of Unallocated funds. PUBLIC HEARING(S) (8) Tentative Parcel Map No. 36164 for Condominium Purposes and conditional use Permit No. 2008 -17, for the "Diamond Professional Plaza." 425 South Diamond Drive Recommendation That the City Council adopt Resolution No. 2009 - approving Tentative Parcel Map No. 36164 for condominium purposes, for the "Diamond Professional Plaza." Agenda Item No. 2 Page 9 of 40 (9) Public Hearing to Consider Modifications of Conditions of Approval for the Greenwald Commercial Project Recommendation That the City Council: 1) Approve the modifications to the conditions of approval for the Greenwald Commercial project as set forth herein and as reflected in Attachment No. 1 to this Staff Report. 2) Direct staff to place the revised Conditions of Approval in the permanent Project file. 3) Direct staff to attach the document attached to the Staff Report as Attachment No. 2 to the Conditions of Approval for the Project that is placed in the permanent Project file. Hickman asked what a cobra head light is. City Manager Brady advised it is a style of light similar to the ones at Tuscany Hills. APPEAL(S) There are no appeals scheduled. BUSINESS ITEMS) (10) Graffiti Action Plan 30 Day Progress Report Recommendation Receive and file. Mayor Pro Tern Melendez confirmed that the City was purchasing the mounted cameras and not leasing them for the purpose of the pilot program which is 12 months. She expressed concern that at the end of the 12 months if the cameras do not decrease the occurrences of graffiti or increase the City's ability to seek retribution then the City has cameras that aren't doing the City any good. Information /Communications Manager Dennis explained the purpose of the study is to help determine in a controlled way something that hasn't been done with this kind of equipment, so staff thought the City would be eligible for grant funds for this kind of project if the City can demonstrate a statistically significant change in either the deterrent value between a dummy box and active camera. He added that staff is also looking at the rotational pattern or the psychology of putting something in a place temporarily, announcing to the population that it is there and also measuring persistence effect. There is no money back guarantee but the hope is and the guarantee staff hopes to prove is that other cities who have used the cameras have said they are effective, easy to maintain, the photograph is easy to retrieve noting that part of the study is the cost benefit of the cameras. Mayor Magee confirmed that staff was seeking Council authorization to go forward with purchasing three cameras. Mr. Dennis responded stating staff is Agenda Item No. 2 Page 10 of 40 going to go through a bid process so if staff can look at an alternative that is comparable and less expensive it will. Councilwoman Bhutta confirmed that staff would be conducting experimental research and asked if Council could be provided with a report after six months. Mr. Dennis reiterated that staff thought that by doing a controlled study in an experimental design, the city would not only be eligible for some reimbursement from grants but staff would be adding to the knowledge about graffiti tactics. He also advised that the Graffiti Action Plan actually has quarterly evaluations scheduled. Thereafter followed a discussion regarding the study and data to be reported; the graffiti hotline now being available; and the effectiveness of the hotline. The Mayor asked Mr. Dennis to announce the graffiti hotline is up and running and to emphasize the phone number during his presentation. (11) City Clerk Employment Agreement Recommendation That the City Council approve the City Clerk Employment Agreement and authorize the Mayor to execute same. (12) Amendment to City Manager /Executive Director's Employment Agreement Recommendation That the City Council approve the Fourth Amendment to Employment Agreement and authorize the Mayor to execute same. REDEVELOPMENT AGENCY Vice Chairwoman Bhutta Called the meeting to order at 4:24 PM ROLL CALL PRESENT: VICE - CHAIRWOMAN BHUTTA MEMBER HICKMAN MEMBER MAGEE MEMBER MELENDEZ ABSENT: CHAIRMAN BUCKLEY Also present: Executive Director Brady, Agency Counsel Leibold, Acting Community Development Director Weiner, Acting Administrative Services Director Riley, Public Works Director /City Engineer Seumalo, Information /Communications Manager Dennis, Parks and Recreation Director Gonzales, Director of Lake and Aquatics Kilroy, Interim City Clerk Cowley. Agenda Item No. 2 Page 11 of 40 CLOSED SESSION 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 374 - 072 -028, 374 - 072 -030, 374 - 072 -032, 374 - 072 -034, 374 - 072 -036 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and City of Lake Elsinore Under negotiation: Price and terms of payment 1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 374 - 072 -018, 374 - 072 -020, 374 - 072 -022 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Riverside County Flood Control District Under negotiation: Price and terms of payment 1(c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 374 - 071 -003, 374 - 071 -004, 374 - 071 -005, 374 - 071 -006, 374 - 071 - 007, 374 - 071 - 008, 374 - 071 - 009,374- 071 - 010,374- 071 -011, 374 - 071 - 012, 374 - 071 -013, 374 -071- 014,374- 071 - 027,374- 071 -027 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and BRIDGE Housing Corporation — Southern California Under negotiation: Price and terms of payment PUBLIC COMMENTS There were none. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): c) Regular Meetings — February 10, 2009 d) Joint City Council /Redevelopment Agency — February 24, 2009 (3) Warrant List Dated February 26, 2009 Agenda Item No. 2 Page 12 of 40 Mayor Pro Tern asked about the affordable mailing solutions in the amount of $3,000 and was advised that was for the Redevelopment Plan update that will be before Council on the 24 The City is required to provide mailed notice to all property owners and occupants within the project areas. Recommendation: Authorize payment of Warrant List dated February 26, 2009. (4) City Clerk Employment Agreement Recommendation That the Agency Board approve the City Clerk Employment Agreement and authorize the Chairman to execute the same. (5) Amendment to City Manager /Executive Director's Employment Agreement Recommendation That the Agency Board approve the Fourth Amendment to Employment Agreement and authorize the Chairman to execute the same. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEMS) No business items scheduled. PUBLIC COMMENTS — NOWAGENDIZED ITEMS There were no public comments. City Attorney Leibold announced the Redevelopment Agency has three items of real property negotiations scheduled for closed session this evening all under the authority of Government Code Section 54956.8. The properties are identified by parcel number. The negotiating parties with respect to Item 1(a) are the Agency and the City of Lake Elsinore who owns those five parcels; Item 1(b), the negotiating parties are the Agency and the County Flood Control District who owns those three parcels; and Item 1(c) relates to properties proposed for the Pottery Court affordable housing project and the negotiating parties are the Agency and Bridge Housing; under negotiation in all cases are prices and terms of payment. ADJOURNMENT REDEVELOPMENT AGENCY RECONVENE CITY COUNCIL Agenda Item No. 2 Page 13 of 40 The City Council reconvened at 4:26 pm. at which time the City Attorney announced the City Council also has three items for closed session discussion this evening. The first is Item 1(a) public employment under the authority of Government Code Section 54957(b) concerning the City Clerk appointment; Item 1(b) involves closed session discussions held by the Joint Powers Agency for the Southwest Community Financing Authority , our closed session is held under the authority of Government Code Section 54956.96 involving real property negotiations identified in Item1(b); Item 1(c) involves one potential case of anticipated litigation under the authority of Government Code Section 54956.9. PUBLIC COMMENTS There were none. ADJOURNMENT There being no further business to come before the Council and Agency Board, Mayor Magee closed the meeting at 4:27 pm. ROBERT MAGEE, MAYOR CITY OF LAKE ELSINORE THOMAS BUCKLEY, CHAIRMAN LAKE ELSINORE REDEVELOPMENT AGENCY ATTEST: CAROL COWLEY, INTERIM CITY CLERK/SECRETARY CITY OF LAKE ELSINORE Agenda Item No. 2 Page 14 of 40 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA ��ONTUESDAY ,.FEBRUARY 24 � 2009 ............. ......... CALL BACK TO ORDER -- 7:00 P.M. Mayor Magee called the Regular and Special Meeting to order at 7:02 pm. PLEDGE OF ALLEGIANCE Pete Dawson led the flag salute. INVOCATION — MOMENT OF SILENT PRAYER Mayor Magee led the audience in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM MELENDEZ COUNCILWOMAN BHUTTA COUNCILMAN BUCKLEY COUNCILMAN HICKMAN ABSENT: NONE Also present: City Manager Brady, City Attorney Leibold, City Treasurer Baldwin, Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director /City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Captain Cleary, and Interim City Clerk Cowley. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met for a Special Meeting in closed session commencing at 4:30 pm under the authority of Government Code Section 54957(b) with regard to City Employment for a City Clerk. There is no reportable action and that concludes the Special Meeting business. Mayor Magee adjourned the Special Meeting at 7:04 pm Agenda Item No. 2 Page 15 of 40 City Attorney Leibold announced that the City Council met in the regularly scheduled meeting to discuss two items of closed session identified as Item 1(a) and 1(b) on the agenda. Item 1(a) concerned the annual performance evaluation for the City Manager under the authority of Government Code Section 54957. The City Council voted unanimously in support of the City Manager and has directed the city Attorney to prepare an amendment to his contract extending his term through August 2013. That amendment will be on the City's next agenda. The second item involved a closed session of the Southwest Community Finance Authority of which the City Council and the City is a member; the authority is Government Code Section 54956.96; the details are outlined under Item 1(b) and there is no reportable action. Councilman Buckley arrived at 7:05 pm. 1(a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Gov't Code Section 54957: City Manager 1(b) 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 PRESENTATIONS /CEREMONIALS Council recognition of LEMSAR — Mayor Magee Invited all of the LEMSAR (Lake Elsinore Marine Service and Rescue) volunteers to come forward and presented them with a Certificate of Appreciation for their invaluable service to the community. He acknowledged them for monitoring their radios 24/7 to assist the Lake Department and law enforcement community to help aid boaters in trouble and in distress, whether it is a sinking vessel, or a victim of drowning. He expressed the community's gratitude for their service. One of the volunteers accepted and presented the certificate to Bill Staples and recognized him for founding LEMSAR in 1982 and for continuing to be active today. Pete Dawson as the liaison for the LEMSAR with the City of Lake Elsinore asked the public to assist as much as possible by getting information to LEMSAR and acknowledged Mr. Staples for once recovering a boat at the bottom of the lake by hooking the bow eye. Agenda Item No. 2 Page 16 of 40 Mayor Magee introduced and presented a Certificate of Appreciation to Western Outdoor Magazine Reporter, George Kramer, for writing an Article which made the cover of Western Outdoor Magazine entitled `The Miracle of Lake Elsinore ", an incredible piece that talks about the reward the residents are now receiving after years of hard work and multi- agency involvement in the recovery of the Lake's fishery. Mr. Kramer thanked the City Council stating that he first fished at Lake Elsinore in 1971; he and his family moved here in 1981 and have endured all of the same things that the other residents have. He wrote the article because he felt that Lake Elsinore's story never got told. Viet Tran of Southern California Edison made a Power Point presentation to the City council regarding a workshop that was held on Tuesday, February 17, 2009, in Lake Elsinore. Mr. Tran informed the Council of the attendees at the workshop explaining that the purpose of the workshop was to discuss Edison's interest in constructing a 500 Kilobolt substation to be called the Alberhill Substation. He pointed to the map where the substation siting area is to be located north of the City of Lake Elsinore. He informed Council the purpose of the substation is to relieve the load on the substation located on Highway 74 off of Menifee Road that services the City of Lake Elsinore and other cities including Canyon Lake, Murrieta and Temecula. Mr. Tran emphasized the project is in the very early stages and prior to purchasing the land and going to the Public Utilities Commission Edison wanted to receive input from the people that live, work and have an interest in the City of Lake Elsinore as well as the unincorporated area of the County of Riverside to determine what areas are important to the stakeholders of the City. PUBLIC COMMENTS — NON - AGENDIZED ITEMS Dawn Oakes addressed Council regarding several concerns about the dirt bikers over the weekend. She brought the Council a DVD showing photographs for Council to see what is going on. She indicated the dirt bikers are accessing Pacific Clay property and parking in Alberhill Sports Park parking lot where they can't be seen without driving into the parking lot. She also asked if it was possible to receive warning when Pacific Clay is going to be blasting. She expressed concerns with women and children going to the Boys and Girls Club early in the morning at the Sports Park where the restrooms remain open 24 hours a day, seven days a week. She mentioned that she did not receive any notification from Mr. Garrison regarding the Lake Street Market project although she did see where signs were posted. Ms. Oakes asked what the true speed on Lake Street was advising that there are different speeds posted at different areas and they were subjected to street racing this past weekend. Mayor Magee advised Ms. Oaks that the Captain Cleary was taking notes on her issues and Acting Community Development Director Weiner could be contacted with respect to the Pacific Clay issue. She was asked to leave the DVD's with the City Clerk. Agenda Item No. 2 Page 17 of 40 George McDonough, a member of Voters Against Lake Street Market provided Council with an update indicating that Mr. Garrison posted signs regarding the meeting on Thursday evening and the Voters Against Lake Street Market felt the signs were not large enough and had larger signs printed and posted next to Mr. Garrison's signs. He provided the City Clerk with pictures of the signs. Many of his customers who live in Horse Thief Canyon and whose children attend Terra Cotta School were vey upset about the shopping center being placed in that location so close to the school. The Voters Against Lake Street Market plan to contact the Horse Thief Homeowners Association about this issue. Aracelli Jimenez, a member of the Voters Against Lake Street Market rovided the Council with a schedule of events, indicating that Thursday, February 2J the Voters are meeting with Mr. Garrison and his staff to discuss the Lake Street Market project. She advised council that they have not been able to agree on a daytime meeting date and since the majority of the residents are commuters and not able to attend a week night meeting, the Voters Against Lake Street Market will hold a meeting on Saturday, March 7 th at the Community Center and want to invite Mr. Garrison to attend the meeting. She informed Council that on Saturday the Voters will be passing out flyers and gathering signatures in the Lake Terrace homes, adjoining neighborhoods and possibly the Horse Thief Canyon homes. Dave Garrison representing Marinita Development Company addressed Council indicating he has scheduled a meeting with the residents for Thursday, February 26th. He advised this will be the first time he has been able to meet with the residents and he was glad to hear they will be attending the meeting since the consultants will be there. He indicated his awareness of the residents' concerns and he hoped to address those concerns. He did not know the residents scheduled another meeting and he would be happy to attend that meeting as well but would not be able to have the consultants attend. Jim Brady expressed his pride for the City Council on the City's awesome website. He explained that he reported graffiti in the Tuscany Hills area using the website graffiti feature on Saturday and on Monday while he was taking a walk he saw the graffiti truck go to the site to clean up the graffiti. He complemented the graffiti removal crew and council and expressed his pride in the City's website. Terry Thielen addressed the City Council regarding the residents' appreciation of Council's approval of residential on Lake Shore Drive two weeks ago. He wanted to bring to Council's attention an article discussing 25 sewer septic tanks along Lake Shore Drive at a high elevation that are possibly leaking into Lake Elsinore. He also indicated Elsinore Valley Municipal Water District can put in a sewer line and he encouraged Council to contact the Water District to try to coordinate the installation of sewer lines along with a larger project. He thought it would only cost $30,000 or $40,000. He also suggested the City place trout in the Lake for fishing. Pete Dawson addressed Council wearing his Coast Guard hat to announce a Boat Safety Coarse beginning Monday evening, March 2 nd from 7:00 pm to 9:00 pm. It is an eight week coarse entitled Boating Skills and Seamanship. He added it is a quality class covering ocean, lakes and rivers with an emphasis on the local lakes. The course Agenda Item No. 2 Page 18 of 40 is authorized by the California Department of Boating and Waterways and by the United States Coast Guard and is also approved for persons convicted of moving violations on the water. He provided his phone number for anyone wishing information on the class. Jason Crow on behalf of the Lake Elsinore Little League invited the City Council Members to its opening day ceremonies on March 7 t at 9:00 am at the Storm Stadium. He advised that they will fly a flag that was flown in Iraq over the stadium for the entire season which will be presented to an outstanding manager at the end of the season. He thanked the City Council for the work that has been done on the fields this year. CONSENT CALENDAR Mayor Magee advised Council that he had a request to speak to Item No. 5 and a request to pull item No. 12. Councilman Hickman moved to approve Consent Calendar Items 2 through 11, excluding Items 5 and 12; second by Mayor Pro Tern Melendez. The Motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, Councilman Hickman. NOES: None. (2) Approval of City Council Minutes Recommendation: Approve the following minute(s): a) Regular Meeting — January 27, 2009 b) Joint City Council Redevelopment Agency Meeting — February 10, 2009. (3) Warrant List Dated February 12, 2009 Recommendation: Authorize payment of Warrant List dated February 12, 2009. (4) Investment Report — January 2009 Recommendation: Receive and File. (6) Consideration of Approving Amendment No. 3 to the Joint Exercise of Powers Agreement Creating the Western Riverside County Regional Conservation Authori Recommendation Approve Amendment No. 3 to the Joint Exercise of Powers Agreement Creating the Western Riverside County Regional Conservation Authority adding the cities of Menifee and Wildomar to the Joint Powers Authority. (7) Reallocation of CDBG funds 2009 -2010 Recommendation 1. Approve the reallocation of $50,000 from Dangerous Structure Abatement to Code Enforcement — Nuisance Abatement. 2. Approve submittal of the City's reallocation request to the County of Riverside. Agenda Item No. 2 Page 19 of 40 (8) Contract Agreement with Hartzog and Crabill Inc.. to Provide Traffic Operations Services for City Traffic Signals Recommendation Approve the revised Contract Agreement with Hartzog and Crabill, Inc., to provide traffic operations services of City traffic signals. ( Update Traffic Study Recommendation The City Council authorize the City Manager to enter into a contract with Urban Crossroads for an amount not to exceed $28,900. (10) Professional Services Contract for Assessment Engineering and Special Tax Consulting — Francisco and Associates. Inc. Recommendation The City Council authorize the City Manager to enter into a professional services agreement with Francisco and Associates, Inc. for assessment engineering and special tax consulting services and terminate the existing professional services contract with Harris & Associates effective April 30, 2009. (11) Receive and File the Annual Special Tax Levy Report for the City's Community Facilities Districts for FY 2008 -09 Recommendation That the City Council receive and file the report. CONSENT CALENDAR ITEMS 5 AND 12 (5) Claims Against the City Recommendation Reject the claims of Matthews, Eslinger, Sherfey, Munoz, Balthorpe, Qiuiroz. Hinojosa and Johnson and direct the City Clerk's Office to send a letter informing the claimants of the decision. Mike Matthews addressed Council regarding the problems his neighbors and family have had over the past two years since the development began behind their property. He stated that he has invited members of Council and staff to his home to see the impact the development has had and the damages that have been caused because of the negligence from the development and the approval of the construction activity. He mentioned the thousands of gallons of water that flowed down their street and saturated their properties and the financial impact it has had on the residents who cannot afford to make the repairs resulting from the damages caused. He indicated that Council had noted the issues and said that something needed to be done to mitigate the problems expressing his disappointment that Council is now ignoring the issues and voting to reject their claims. Agenda Item No. 2 Page 20 of 40 Councilman Hickman moved to reject the claims; seconded by Councilman Buckley Mayor Pro Tern Melendez asked the City Attorney to explain the procedure when Council rejects a claim and the steps taken after that. City Attorney Leibold explained that eight individual property owners have submitted claims against the City for real property damages and when any claim is submitted against the City, the protocol is to submit the claim to the City's Joint Powers Insurance Authority who forwards the claim to the insurance adjuster. In this particular case there was extensive investigation and evaluation and Carl Warren, the City's claims adjuster has recommended denial of the claims. The rejection of the claims is a rejection of financial and legal liability to pay for damages that are not the responsibility of the City. It is not a statement by the City Council to ignore the claimants' issues. The City Attorney added that the claimants still have legal avenues available and have six months to file a lawsuit, if they choose. The motion carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Councilwoman Bhutta, Councilman Buckley, Councilman Hickman. NOES: None. (12) Resolution of Support for the Riverside County Regional Detention Center Recommendation It is recommended that the City Council adopt Resolution No. 2009 -04 supporting the Riverside County Regional Detention Center. Mayor Pro Tern Melendez expressed her concern with some language in the resolution Council was being asked to adopt, even though she is in full support of building another detention center. She indicated that after speaking to the Mayor and City Manager of the City of Palm Springs she became aware that the City of Palm Springs, while not opposed to the project, is opposed to where the detention center is being located at the 10 and 111 split which is the gateway to the City of Palm Springs. The Mayor and City Manager feel that the detention center at that location will have a negative impact on the City's travel and tourism industry. Mayor Pro Tern Melendez asked that the words "or economic impact" from Section 1 of the Resolve clause on p. 2be removed because she felt the City Council cannot predict that. Mayor Magee advised the County performed an extensive three -year siting study throughout the entire County of Riverside to site the detention center. He indicated that Sheriff Stan Smith, is in support of the detention center in this location; the District Attorney, Rob Pacheco is in support of it at this location; and County Supervisor, Jeff Stone who spearheaded the entire project is in support of it at this location as is County Supervisor, Marion Ashley whose district where the detention center will be located. Mayor Magee sees this resolution as support of those elected leaders in the community. Mayor Magee moved to approve the Resolution as drafted; second by Mayor Pro Tern Melendez. Councilman Buckley asked Mayor Pro Tern Melendez if striking Section 3 would be better. Thereafter followed a brief discussion as to the exact location of the detention Agenda Item No. 2 Page 21 of 40 The previous made motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Councilwoman Bhutta, Councilman Buckley, Councilman Hickman. NOES: None. APPEALS) (14) 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 039) Recommendation 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. Reject 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 advised Council that this item is an appeal of Conditional Use Permit No. 2007 -18 which was unanimously approved by the Planning Commission in January of 2009. The approval allowed the use of an existing structure for the purposes of a bait and tackle, snack shop located on Lake shore Drive near the intersection of Maddox Street which fronts the Lake. The appellant cited trespassing issues and inadequate Americans with Disabilities access (ADA) as some of the reasons for opposing the request and filing an appeal. Scott Monson, the appellant, advised Council that his biggest concern on the approval of the use permit, is trespassing and that he has a petition with over 50 signatures of property owners who are opposed to the project. Some of the lots are privately owned and the owners who have paid taxes on the property for years cannot do anything with that property except camp on it for two weeks out of the year. The property owners can't even fence off the property to keep trespassers out and although the property is posted, the problem persists. He indicated that the applicant has made numerous comments that most of his business will come from the beach, yet the only way people can get to the business from the beach is by trespassing on private property. Mr. Monson mentioned the campfires that are built on the beach as well as the garbage left by the people. He noted that he had photographs of the trespassing for Council to view. Terry Thielen addressed Council in support of the bait and tackle shop. He felt one was needed and not at a liquor store located across the street as is the current situation. He did agree with Mr. Monson about the trespassing and felt the City should fence off some areas to delineate between the City's property and private property because people are fishing on private property. Scott Schlesinger expressed his opposition to the bait and tackle shop at that location because of public safety. His concern is based on the amount of traffic and the difficulty Agenda Item No. 2 Page 22 of 40 center and Mayor Pro Tern Melendez' concern of approving the Resolution as worded not knowing whether there would be an economic impact or not. The motion carried by the following vote: AYES: Mayor Magee, councilwoman Bhutta, Councilman Hickman. NOES: None. ABSTAIN: Mayor Pro Tem Melendez, Councilman Buckley. PUBLIC HEARING(S) (13) Tentative Tract Map No. 30495 Recommendation 1. Adopt a resolution adopting findings that the project is exempt from the Multiple Species Habitat Conservation Plan (MSHCP). 2. Adopt a resolution approving Tentative Tract Map No. 30495. Mayor Magee opened the Public Hearing at 7:43 pm. Acting Community Development Director, Weiner reported that this item is a request to subdivide 117 acres of land into 275 residential lots and one school site. The applicant is Pardee Homes. The proposed subdivision is for three planning areas in the Canyon Hills Specific Plan. The Planning Commission unanimously approved this project on February 3, 2009 by a 4 -0 vote. Jim Stringer of Pardee Homes informed Council that Pardee Homes has reviewed the Conditions of Approval and is in agreement with the conditions; he is available to answer any questions. There being no further public comments, Mayor Magee closed the public hearing at 7:44 pm. Thereafter followed a brief discussion regarding Mayor Magee not willing to approve 3,000 square foot lots as proposed in one section of the Tract Map and whether to have the applicant revise the Map; or whether Council could approve that portion of the Map that met the subdivision standards; continue the matter; or refer the Map back to the Planning Commission. Mayor Pro Tern Melendez moved to continue this item, which was amended by Mayor Magee to continue to March 24, 2009; second by Councilwoman Bhutta. The motion unanimously carried by the following vote: . Mr. Stringer responded to concerns expressed by Councilman Buckley regarding clustering rather than having single family homes stating Pardee feels that because the area is actually zoned multi - family they are down zoning to single family. Although they prefer single family homes in that location they could put attached townhomes, known as two -packs where the garage is set back on alternating homes, which has been very successful in places like Irvine and Sierra Ranch. Mr. Stringer added that Pardee would accept the continuance if that is the Council's pleasure. Agenda Item No. 2 Page 23 of 40 pedestrians will have crossing the street to get to the bait and tackle shop without crosswalks and sidewalks. He felt it was too dangerous. Brandy Stone on behalf of Rodney Nielsen, the owner of the Bait & Tackle Shop addressed Council to respond to the statements made by Mr. Monson in his appeal of the Planning Commission's approval of the Conditional Use Permit for the Bait & Tackle Shop. Ms. Stone felt that Mr. Monson does not own any of the properties and therefore should not be the one appealing the decision. She also indicated that the property on either side of the shop is owned by the City and the applicant would like the City to develop that property into parking because of the inadequate parking at that location. Ms. Stone countered that the plans approved by the Planning Commission does include a designated handicapped parking spot in front of the store and adjacent to Lakeshore Drive and they are working on the inside of the store to be in compliance with the Americans with Disabilities Act. Ms. Stone expressed her opinion that the reason for Mr. Monson's appeal had nothing to do with the Bait & Tackle Shop business. Mayor Magee noted for the record, that Ms. Stone submitted a four page statement in rebuttal to Mr. Monson's appeal. Thereafter Council discussed the issue and City Manager Brady responded to Councilman Buckley that property owners are allowed to fence their property up to a certain point but they cannot put a fence all the way to the water's edge for safety reasons. Councilman Buckley also confirmed that if someone was walking in a public right of way that does not have sidewalks, that is not considered trespassing. He then expressed his concern that the matter of the easement to use City property has not been addressed for parking behind the building and without the parking the conditional use permit would not be approved. Mr. Buckley also stated that he would not be willing to give an easement on public property without compensation to the public for that easement and confirmed with the City Attorney that the matter can be continued to a date certain. Acting Community Development Director confirmed that Staff considered having the easement arrangement drawn out beforehand, but did not want to expend the resources if the item was not approved explaining what expenses would be incurred. He advised that is why a condition was placed on the project that an easement had to be signed prior to the applicant moving forward. The City Attorney clarified that Condition No. 17 requires the applicant to secure an easement prior to the issuance of a building permit. So the Requirement for an easement is an integrated part of the proposed CUP. Council Member Buckley is suggesting that rather than making a determination on the CUP prior to the negotiations and settlement with respect to the required easement, that the easement negotiations should occur first and come as a package with the CUP application and consideration of the appeal Mr. Buckley moved to continue the matter until April 14, 2009 and to bring the matter back with a negotiated agreement with the property owner for an easement including compensation to the City; second by Mayor Pro Tern Melendez. Agenda Item No. 2 Page 24 of 40 Councilman Hickman asked how much of an easement the applicant's were requesting. Acting Community Development Director responded that it was 15 foot by 30 foot driveway and between 30 and 40 feet deep, but he would have to look at the plans to confirm. Thereafter followed a brief discussion on the size of the easement and Staff was directed to have that information available when the matter came back to Council. Rodney Nielsen, the applicant addressed Council expressing his frustration on the length of time it is taking to get approval. He confirmed that they are working on the easement; they cannot do anything until the permit is issued and the permit will not be issued until there is an easement. He asked Council to reconsider the motion so they can continue working on the easement. Mr. Weiner confirmed for councilman Hickman that initially staff was opposed to the application; however, after the applicant made the changes to meet the code requirements staff recommended approval to the Planning Commission and the Planning Commission approved the recommendations. He further indicated he could not guarantee the length of time it would take to negotiate the easement. The previously made motion was unanimously approved by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Councilwoman Bhutta, Councilman Buckley, Councilman Hickman. NOES: None. (15) Fiscal Year 2008 -09 Mid -Year Budget Report Recommendation 1. Approve the revenue and expenditure budget adjustments proposed for Mid - Year 2008 -09. 2. Allocate $442,500 from the Supplemental Revenue Reserve Fund to cover Mid Year 2008 -09 budget shortfall. 3. Approve the Proposed Budget Guidelines for Fiscal Year 2009 -10 4. Approve the Budget Calendar for preparation of the Fiscal Year 2009 -10 budget. 5. Approve the reclassification of Sr. Human Resources Analyst Grade 65Z (union position) to Human Resources Administrator Grade 69Z (non -union position). Interim Administrative Services Director, James Riley, provided Council with a brief overview of the Mid -Year Budget indicating that the City Council held a special meeting on February 4 th to provide an update on the status of the current fiscal year activity and to establish a plan for maintaining a balanced budget for the remaining half of the fiscal year 2008 -09. At that meeting the City Council directed staff to allocate $442,500 from the supplemental revenue reserve fund to cover the deficit reported at the mid -year review. The combination of the $442,500, plus what had already been allocated at the first quarter review accounts for a total of $1,015,000 that has been allocated from the supplemental revenue fund leaving a balance of $2,790,700. The use of the supplemental reserve fund reflects Council's desire to, if possible, avoid any further layoffs. With the $2,790,700 combined with the $3,500,000, the City continues to maintain a reserve of $6,290,000. Mr. Riley confirmed that at the special meeting, staff was directed to begin the fiscal year 2009 -10 budget and look at ways to achieve a Agenda Item No. 2 Page 25 of 40 balanced budget while minimizing the use of the supplemental revenue reserve funds. As part of the development of the fiscal year 2009 -10 budget staff is presenting with the mid -year budget report, budget guidelines for preparing the upcoming budget calendar which includes key time periods and also a position reclassification. Councilman Buckley moved to approve staffs recommendations; second by Councilwoman Bhutta. Mayor Pro Tern requested the Budget Guidelines be incorporated into the City Council Policy Manual. Councilman Buckley amended his motion to include that the Budget Guidelines be incorporated into the City Council Policy Manual; second by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Councilwoman Bhutta, Councilman Buckley, Councilman Hickman. NOES: None. The City Council recessed to the Redevelopment Agency at 8:24 pm. The City Council reconvened at 8:25 pm. PUBLIC COMMENTS Enelida Caron addressed Council to present a Notice of Intention to Circulate a Recall Petition on Councilman Thomas Buckley. She read the alleged grounds under which a recall petition is being sought on Councilman Buckley and thereafter presented the Notice of Intention to the City Clerk. CITY MANAGER COMMENTS City Manager Brady announced /commented on the following: • Thursday, February 26, The Chamber of Commerce's Networking Mixer at 5:30 pm to 7:30 pm at the Plaza on Lakeview at Canyon Estates Drive. • Monday, March 2 RTA monthly bus passes will be sold at the Senior Center during regular business hours. • On Wednesday, March 4 the Smart Walkers, senior walking club will meet at the Senior Center. • Friday, March 6 the Links at Summerly is celebrating its first anniversary. There will be a live band; the anniversary bash begins at 4:30 pm; a tournament begins at 12:30 pm; everyone is invited to participate. • Saturday, March 7 the Household Hazardous Waste clean -up from 9:00 am to 2:00 pm, outside the City Yard on Langstaff; for more information call 674 -3124 ext, 245. • Saturday, March 7 Little League Opening Day at Storm Stadium at 9:00 am. ■ Reminded everyone to please shop locally; the sales tax dollars spent in Lake Elsinore remain in the community to help pay for services such as police, fire and helps to keep jobs local. Agenda Item No. 2 Page 26 of 40 CITY ATTORNEY COMMENTS CITY TREASURER COMMENTS City Treasurer Baldwin advised that he and Acting Administrative Services Director Riley are working on establishing policy with regard to the annual audit as well as to establish policy included In the Investment Policy delineating the process of deriving an investment policy each year. CITY COUNCIL COMMENTS Councilman Hickman announced the following: • The Golf Links at Summerly will have their first anniversary on March 6 th and will be offering a special price of $25 to play golf. Dinner will begin at 4:30 pm. • March 13 Lake Elsinore Valley Education Foundation will hold a golf tournament. For information call 674 -5555. • Unity in the Community 5K -10K race is April 18 please save the date. • Thanked the Riverside Transit Agency for working with the seniors and bus riders and for interlining Routes 7 and 8 which has decreased their run from 90 minutes to approximately 50 minutes and for slightly changing the route to serve the citizens of Lake Elsinore. Mayor Pro Tern Melendez thanked the audience for coming and blessed America. Councilman Buckley responded to a public comment made earlier regarding the cost of the sewers on Lake Shore Drive costing between $25,000 to $40,000, he assumed that was for hook -up; because 3,000 feet of sewer can cost up to $1,000 per foot which would be a multimillion dollar project to run a sewer down Lake Shore Drive. Council Member Buckley asked about the parcel numbers mentioned by Ms. Caron when she read the grounds for the Notice of Intention. The City Attorney confirmed that those were for lake front properties purchased at the approximate appraised value by a unanimous public and open vote of the entire Agency Board. He further responded to the allegation regarding his campaign disclosure documents and the rental of an automobile using campaign contribution funds, and confirmed the Fair Political Practices Commission performed a review and found the use was for proper political and government purposes. Councilwoman Bhutta thanked everyone for coming and for those watching on the website; thanked the IT department for the live broadcasting; asked residents to shop locally as much as possible; and thanked the state lawmakers for approving a budget. Agenda Item No. 2 Page 27 of 40 Mayor Magee announced the Trauma Intervention Programs of Southwest Riverside County will be holding their 4th Annual Golf Tournament on Friday, March 27 at the Links and Summerly. For sponsorship information or to reserve a foursome please call 226 -6793 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:35 pm. ROBERT MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLE CITY OF LAKE ELSINORE Agenda Item No. 2 Page 28 of 40 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 10, 2009 CALL BACK TO ORDER (7:00 P.M.) Mayor Magee called the Lake Elsinore City Council meeting to order at 7:00 pm. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by City of Canyon Lake Mayor Mary Crater. INVOCATION — MOMENT OF SILENT PRAYER The Mayor led the audience in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM MELENDEZ COUNCILWOMAN BHUTTA COUNCILMAN BUCKLEY arrived at 7:04 PM COUNCILMAN HICKMAN Also present: City Manager Brady, City Attorney Leibold, City Treasurer Baldwin, Acting Community Development Director Weiner, Acting Administrative Services Director Riley, Public Works Director /City Engineer Seumalo, Information /Communications Manager Dennis, Parks and Recreation Director Gonzales, Director of Lake and Aquatics Kilroy, Interim City Clerk Cowley. CLOSED SESSION REPORT City Attorney Leibold reported the City Council met at 5:00 pm. to discuss three items in closed session which are identified on the agenda as Items 1(a), 1(b) and 1(c); the first involves public employment under the authority of Government Code Section 54957(b) which involves the appointment of the new City Clerk, her employment agreement is on the agenda as a business item for the City Council and Redevelopment Agency. The second item involves a closed session of the Agenda Item No. 2 Page 29 of 40 Southwest communities financing Authority of which the City is a member. The item discussed is disclosed in Agenda Item 1(b). There is no reportable action on that item this evening. The third item involves one potential case of anticipated litigation under the authority of Government Code Section 54956.9 and there is no reportable action on Item 1(c). 1(a) PUBLIC EMPLOYMENT (Gov't Code Section 54957(b)): City Clerk 1(b) 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 1(c) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: (1 potential case) PRESENTATIONS /CEREMONIALS Mayor Magee presented a Certificate of Achievement to Robert Prado, a Lake Elsinore resident, introducing him as a bona fide Guiness Book of World Records holder for completing 14 varial heel flips on a skate board capturing the world record. Mr. Prado thanked the City of Lake Elsinore for acknowledging his record and for supporting him with his skateboarding. Mayor Magee presented Interim City Clerk Cowley with a Certificate of appreciation for stepping in as Interim City Clerk during an election. Ms. Cowley thanked the Mayor, City Council and City Manager and expressed her attachment to the wonderful staff and citizens of Lake Elsinore stating how much she will miss working here. The presentation by Elsinore Valley Municipal Water District was postponed. Agenda Item No. 2 Page 30 of 40 Mayor Magee introduced Jose Carvajal, Public Information Officer for Lake Elsinore Unified School District spoke to Council about the California Healthy Kids Survey the School District participated in which gives the School District an idea of how the kids feel about their lives at home, in the community and at school. As part of the survey the School District is required to report the results to the community within and without the School District. He shared a brochure the School district prepared that includes the results of the survey and some quotes from the students indicating the students surveyed were in grades 5, 7, 9, and 11. Thereafter a video presentation of the survey along with the results was presented to Council. Val Rourke, a special assignment teacher at the School District advised Council that one of the reasons they have shared the results of the survey with the City is because the areas the children expressed as problems isn't just a school problem but problems that come from home and the community. She shared the areas in which the City can work with the School District to make a difference in the children's thoughts about substances providing the statistics on the use of substances among children. Ms. Rourke reminded Council that the School District is looking forward to working together with Council to make a difference in the lives of the children of the community. PUBLIC COMMENTS — NON AGENDIZED ITEMS Chris Hyland addressed Council on behalf of the Lake Elsinore Historical Society promoting the Booklet on the History of Lake Elsinore for sale. She mentioned she also had applications available if anyone wanted to become a member of the Historical Society and asked for support of the Historical Society. Ms. Hyland provided her phone number if anyone wished to contact her. Enelida Caron addressed Council to serve Councilman Buckley with a Notice of Intention to Circulate a Recall Petition. Ms. Caron read the grounds for the Notice of Intention and presented the original and copies to the City Clerk noting that Council Member Buckley has been served. PUBLIC COMMENTS — AGENDIZED ITEMS CONSENT CALENDAR Mayor Magee pulled Item No. 4 for discussion indicating he received a speaker request for that item. Agenda Item No. 2 Page 31 of 40 Councilman Hickman moved to approve Consent Calendar Items 2 through 7, excluding Item No. 4; second by Mayor Pro Tern Melendez. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Councilwoman Bhutta, Councilman Buckley, Councilman Hickman. NOES: None. (2) Approval of City Council Minutes Recommendation: Approve the following minute(s): a) Regular Meetings — February 10, 2009 b) Joint City Council Redevelopment Agency — February 24, 2009 (3) Warrant List Dated February 26, 2009 Recommendation: Authorize payment of Warrant List dated February 26, 2009. (5) Extend Term of Professional Services Agreement and Extra Work Authorization for Environmental Consulting on Boat Launch Facility Project Recommendation Approve the First Amendment to the Professional Services Agreement and "Extra Work" for HDR Engineering; then authorize the City Manager to execute the documents. (6) Authorization for the City Manager to Enter Into Contract with ESA for the Preparation of an Environmental Impact Report Addendum for the Canyon Hills Specific Plan Amendment No. 3 Recommendation Staff recommends that the City Council authorize the City Manager to enter into a contract with ESA for an amount not to exceed $37,000. (7) Transfer of CDBG Funds — Dangerous Structure Abatement Recommendation That the City Council 1. Approve the transfer of $87,903 from Dangerous Structure Abatement into the 2008 -2009 Code Enforcement — Nuisance Abatement project. 2. Approve submittal of the City's transfer request to the County of Riverside. CONSENT CALENDAR ITEM NO.4 (4) Cooperative Agreement Between County of Riverside and City of Lake Elsinore for Improvements to Dexter Avenue Agenda Item No. 2 Page 32 of 40 Recommendation Approve the agreement with Riverside County to share the cost for the repair and reconstruction of Dexter Avenue and direct the Mayor to execute the Agreement in such final form as approved by the Director of Public Works and the City Attorney. Mayor Magee advised he received a request from Councilwoman Bhutta to pull this item for discussion and he also received a request to speak from George McDonough who was recognized to speak. George McDonough asked the reason the City was paying $800,000 for the street repairs specifically wanting to know if it was poor planning, poor traffic studies, bad building materials used and why it is the City's responsibility. Mayor Magee responded indicating a majority of that road is within the city limits there is no impending development coming forth that is going to repair it; it is the obligation of the City because it is the City's road and the City's responsibility and something that the City budget's for. Since 27% of the roadway lies within the County's jurisdiction staff worked with the County to get their assistance as the City did on Machado, Mission Trail and on Corydon. Councilwoman Bhutta stated she asked to have this item pulled because it is well known that this street is in desperate need of repair. She wanted to give special recognition to Mr. Seumalo and Mr. Basubas who have done a lot of hard work and deserve some recognition for working with the County to get this project going. Councilman Hickman moved to approve staffs recommendation; second by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Councilwoman Bhutta, Councilman Buckley, Councilman Hickman. NOES: None. City Attorney Leibold asked for confirmation that the motion and second incorporates the two corrections and clarifications to the agreement that were reviewed at the study session. The mover and second amended the motion to incorporate the corrections and clarifications. PUBLIC HEARING(S) (8) Tentative Parcel Map No. 36164 for Condominium Purposes and conditional use Permit No. 2008 -17, for the "Diamond Professional Plaza." 425 South Diamond Drive Recommendation That the City Council adopt Resolution No. 2009 -05 approving Tentative Parcel Map No. 36164 for condominium purposes, for the "Diamond Professional Plaza." Agenda Item No. 2 Page 33 of 40 Mayor Magee opened the public hearing at 7:26 pm. Acting Community Development director Weiner advised Council emphasized this item is a Tentative Parcel Map request to allow for the subdivision of an existing medical building into five commercial- condominium units. The property is located on Diamond Drive; the proper CC &R's will be in place for common property maintenance on the site and the Planning Commission unanimously recommended approval of the project. Matthew Fagan addressed Council on behalf of Diamond Professional Plaza requesting approval of the project noting the building was approved about one year ago and this subdivision will provide individual air space in the building. Mr. Fagan complemented staff specifically, Ken Seumalo, Tom Weiner and Carol Donahoe indicating they were all very helpful through this process and Diamond Professional is very grateful for that. There being no one further wishing to address the Council, the Mayor closed the public hearing at 7:29 pm. Councilman Buckley moved to approve Tentative Parcel Map 36164; second by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Councilwoman Bhutta, Councilman Buckley, Councilman Hickman. NOES: None. (9) Public Hearing to Consider Modifications of Conditions of Approval for the Greenwald Commercial Project Recommendation That the City Council: 1) Approve the modifications to the conditions of approval for the Greenwald Commercial project as set forth herein and as reflected in Attachment No. 1 to this Staff Report. 2) Direct staff to place the revised Conditions of Approval in the permanent Project file. 3) Direct staff to attach the document attached to the Staff Report as Attachment No. 2 to the Conditions of Approval for the Project that is placed in the permanent Project file. Mayor Magee opened the public hearing at 7:30 pm. Acting Community Development Director Weiner provided a brief staff report indicating the Conditions of Approval have been modified to reflect the arrangement that was made between the City of Lake Elsinore and the City of Canyon Lake for the commercial development of Greenwald. Agenda Item No. 2 Page 34 of 40 Mayor Magee recognized the Mayor of Canyon Lake, Mary Craton who spoke in favor of the item and thanked the City for its cooperation in providing a proper crossing for the multi - purpose trail. Mayor Craton also thanked Mr. Sauls, the developer and said she was very pleased with the outcome. There being no one further wishing to speak to this item, Mayor Magee closed the public hearing at 7:31 pm. Mayor Pro Tern Melendez moved to approve the recommendations; second by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Councilwoman Bhutta, Councilman Buckley, Councilman Hickman. NOES. None. APPEAL(S) There are no appeals scheduled. BUSINESS ITEM(S) (10) Graffiti Action Plan 30 Day Progress Report Recommendation Receive and file. Information /Communications Manager Dennis provided the report indicating on February 10, the Council approved the recommendations of the Task Force for a Graffiti Action Plan adding stipulations that staff try to red budget. He said he was pleased to report they were able t information and were able to reduce the proposed budget $68,000. He advised staff will continue to work to reduce that a result, staff wants to gc allows the City to monitor I helps act as a deterrent repeatedly. Mr. Dennis de to gain more knowledge on uce the proposed o gather additional by $24,000 from number in half. As forward with a camera surveillance system which raffiti hot spots with a still photo camera system that to locations such as parks that are vandalized scribed meeting with Garden Grove and other people successful deterrents and obtained leads on software programs that might be attainabl e database, which is necessary for staff would be able to implement and be able to move forward and informed Council and the audienc at little or no cost to the City to create a prosecution purposes. Mr. Dennis felt that a program that was much more cost effective provide Council with periodic that the graffiti hotline wa: automated system that allows callers to leave vital information updates. He a telephone about graffiti vandalism incidents they might see within the city limits. The hotline is available day and night and the telephone number is 951 - 674 -2701. Mayor Pro Tern Melendez asked whether the mounted cameras were such that public works would be able to place them, remove them and relocate them. Mr. Dennis advised the cameras are portable, solar powered, digital, still camera, Agenda Item No. 2 Page 35 of 40 photographic system that also has an audio warning that can be programmed. He explained how the cameras worked and the ability to download the photographs onto the computer without dismantling the camera and that the cameras can be moved from various locations on City property. Thereafter followed a discussion regarding financial requirements beyond the purchase of the equipment, such as potential maintenance costs, staff not knowing the maintenance history of the camera, the warranty that comes with the cameras and the ability to extend those warranties. Councilwoman Bhutta confirmed that staff would be providing Council with quarterly reports on the quantitative research to show it is working. Mr. Dennis confirmed acknowledging that the Graffiti Action Plan has a substantial amount of discussion on the need to evaluate some of the tactics used by other cities because there isn't a study currently that provides the effectiveness of some of the units being looked into, so staff will be reporting on the study's findings. Mayor Pro Tern Melendez moved to receive and file the report; second by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Councilwoman Bhutta, Councilman Buckley, Councilman Hickman. (11) City Clerk Employment Agreement Recommendation That the City Council approve the City Clerk Employment Agreement and authorize the Mayor to execute same. Councilwoman Bhutta moved to approve the Employment Agreement; second by Mayor Pro Tern Melendez. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Councilwoman Bhutta, Councilman Buckley, Councilman Hickman. NOES: None. Mayor Magee introduced the new City Clerk Debora Thomsen advising the audience that even though Ms. Thomsen is not on the payroll yet she felt it was important to be here this evening to learn some of the job responsibilities and personalities she will be inheriting. Ms. Thomsen said she was very happy to be here and knows from many people that Lake Elsinore is a wonderful City. (12) Amendment to City Manager /Executive Director's Employment Agreement Recommendation That the City Council approve the Fourth Amendment to Employment Agreement and authorize the Mayor to execute same. Councilman Buckley moved to approve the Fourth Amendment to Employment Agreement; second by Mayor Pro Tern Melendez. Agenda Item No. 2 Page 36 of 40 Mayor Magee expressed his pride and honor in voting in favor of the amendment, indicating Mr. Brady has served the City very well in the last four years and he looked forward to him serving the City for many years to come. The Motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Councilwoman Bhutta, Councilman Buckley, Councilman Hickman. NOES: None. The City Council recessed to the Redevelopment Agency at 7:41 pm. The City Council reconvened at 7:44 PM. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Andrew Ferrick representing Green Light, a retrofit lighting company introduced the services Green Light offers by assisting cities in conserving energy by retrofitting their existing lighting systems to an LED style system. He advised that 50% or more of lighting costs could be saved. He provided Council with the types of lighting retrofitting that could be done on traffic signals as well as to City facilities and the reduction in watts. Mayor Magee suggested he speak to the City's Director of Public Works, Ken Seumalo. Aracelli Jimenez, a member of the Voters Against the Lake Street Market addressed Council regarding the meeting the Voters held on March 7, 2009 and asked how the proposed Lake Street Market Place could be approved without Lake Street being improved. She expressed her concern about the street as it currently exists and the lack of access and the hazardous condition that will be created by the Lake Street Market. She felt the City could not afford to ignore these issues. She mentioned a newspaper article discussing closure of a local business and the laying of a large number of employees from another Lake Elsinore business. George McDonough addressed Council regarding Lake Street Market advising the developer representative held a meeting on Thursday, March 26 however, not much was accomplished. He indicated there were no rules set and it became an emotional altercation. He also discussed the meeting the Voters held on Saturday, March 7 Both meetings were attended by 40 -50 residents who were provided with two petitions, one for the project and one against the project and the number of signatures each petition received. The residents did not feel their issues were answered to their satisfaction. He provided an example that when traffic and safety issues were brought up several times, the only response they got is there isn't a traffic or safety issue. He advised the Voters would be filming the students over the next two weeks at both schools and put those photographs on their website since their existence has been denied. Agenda Item No. 2 Page 37 of 40 CITY MANAGER COMMENTS City Manager Brady announced /commented on the following: • On Tuesday, March 17 the Elsinore Valley Arts Network meeting will be held at 7:00 pm. at the Lake Elsinore Library • Thursday, March 19 the Chamber Economic Development luncheon will be held from 11:30 am to 1:30 pm at the Diamond Club at the Stadium and the speaker is Mayor Bob Magee. • Saturday and Sunday, March 21 and 22, its Thunder in the Channel, drag boat racing beginning at 7:30 am to 5:00 pm. • Tuesday, March 24 Lake Elsinore Unified School District Student of the Month luncheon which is held at the Sizzler from 12:00 pm to 2:00 pm honoring students from the various high schools on their hard work. • The Business Network Mixer held by the Chamber of Commerce, March 26 at the Diamond Club starting at 5:30 pm to 7:00 pm. • He reminded everyone of the Graffiti Hotline Number — 674 -2701. • He welcomed the new City Clerk, Debora Thomsen and thanked Interim City Clerk Cowley for her assistance noting he had the opportunity of actually hiring her. • He thanked the City Council for the extension of his contract and expressed his pleasure in working for the City and serving the residents and citizens of Lake Elsinore. CITY ATTORNEY COMMENTS City Attorney Leibold echoed the comments of City Manager Brady regarding Ms. Cowley indicating it has been a delight working with her and thanked her for her service. She also welcomed new City Clerk Debbie Thomsen stating she is looking forward to working with her. She mentioned on Thursday, March 18 at 7:00 pm there is a Community Information Meeting at the Culture Center regarding the Redevelopment Plan Update and the public is welcome to attend. The joint public hearing of the Redevelopment Agency and the City Council on those Redevelopment Plan updates is scheduled to occur on March 24 at the next regularly scheduled meeting. She expressed congratulations with respect to the modifications to the Greenwald Commercial project under the terms of the settlement agreement the lawsuit will be dismissed within two days of this evening. CITY TREASURER COMMENTS Agenda Item No. 2 Page 38 of 40 CITY COUNCIL COMMENTS Councilman Hickman welcomed the new City Clerk and confirmed the drag boat race on the 23` He mentioned he sits on the RTA Board and the School District has received a donation of a Dial -a -Ride bus for the physically and mentally challenged children so the District can transport them around the City. He mentioned the Lake Elsinore Education Foundation will hold its first annual golf outing at the Links at Summerly this Friday and the proceeds will be used for the Foundation scholarships for students. There is a shotgun start at 1:00 pm. Mayor Pro Tern Melendez welcomed new City Clerk Debora Thomsen and thanked Interim City Clerk Cowley for her hard work and dedication. She thanked everyone for coming and wished God's blessings on America. Councilman Buckley welcomed Debora Thomsen and thanked Carol Cowley. He then announced that after a few years of going to Washington D,C. as of this evening the Senate approved the Omnibus Bill that will be signed, which includes $100,000 for Lake Elsinore's Emergency Operations Center and $237,000 in the ongoing efforts to fix Railroad Canyon interchange. Councilwoman Bhutta thanked everyone for joining the City Council meeting either by cable, website or at the Cultural Centers she reminded everyone to shop locally as much as possible, tax dollars need to stay In Lake Elsinore to provide the goods and services the citizens deserve. She thanked Carol Cowley and welcomed new Clerk Debbie Thomsen and congratulated the City Manager on his contract extension. Mayor Magee echoed the comments of Councilman Buckley on the City's advocacy efforts in D.C., reiterating the Senate approved the 2009 Omnibus Spending Bill 62 to 35 which does include the two funding items for the City of Lake Elsinore. He thanked staff and the City's advocate, The Ferguson Group for assisting the City in moving this forward. He indicated the members of congress he and Mr. councilman Buckley met with as well as the staff members for the senate offices showed broad support for the City's efforts and he felt it was important to note that after all this time something is finally going to come back to Lake Elsinore and that abodes well for the City in the future. ADJOURNMENT There being no further business to come before the Council, Mayor Magee recognized the passing of Justin Ham; a friendly, fun - loving gentleman with a carefree spirit. He was a good worker and a dedicated baseball coach with Lake Elsinore Little League; a devoted father and a friend to many. His family and friends said good bye to Justin today. At 35, he left us way too soon but while he was here he left a positive impression on all those he touched. Agenda Item No. 2 Page 39 of 40 Mayor Magee closed the March 10, 2009 meeting in honor of Justin Ham at 7:59 pm. ROBERT MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE Agenda Item No. 2 Page 40 of 40