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HomeMy WebLinkAbout2009-07-28 City Council Item No. 2CITY OF i, LADE" LSIIY0 DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 28, 2009 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council minutes are submitted for approval: (a) Joint Study Session City Council / Redevelopment Agency June 9, 2009 (b) Regular City Council Meeting Minutes June 9, 2009 Recommendation Approve the Minutes as submitted. Prepared by: Debora Thomsen City Clerk UUU Approved by: Robert A. Brady Executive Directo CC July 28, 2009 Item No. 2 Page 1 of 28 Page 1 of 11 CITY OF LAKE ELSINORE JOINT CITY COUNCIL / REDEVELOPMENT AGENCY STUDY SESSION - AGENDA REVIEW MINUTES June 9th, 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, June 9`h, 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 Hickman. ABSENT: Councilmember Buckley. Also present: City Manager Brady, Deputy City Attorney Leibold, and Office Specialist Porche. Staff members present included Acting Administrative Services Director Riley, Public Works Director / City Engineer Seumalo, Acting Community Development Director Weiner, 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. PRESENTATIONS / CEREMONIALS Korn Memorial Scholarships - Elsinore High School, Temescal Canyon High School and Lakeside High School Update regarding the Lake Elsinore Unified School District; by Jose Carvajal Mayor Magee stated he received an outline of the Korn recipients and would call on Information / Communications Manager Dennis to help him with the announcements and the presentations. CC July 28, 2009 Item No. 2 Page 2 of 28 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of June 9` , 2009 Page 2 of 11 PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Tim Fleming spoke regarding Code Enforcement issues related to Graffiti's Prevention Plan and processes. He complained about recent graffiti in his neighborhood, and stated he would be attending the next Public Safety Advisory Commission to lodge his complaint there also. Councilmember Hickman questioned who he called and what response he received. Mr. Fleming stated his problem is there is no particular person to speak with. Mayor Magee referred Mr. Fleming to speak with Police Chief Cleary and informed him there was a Graffiti hotline number and information on the City's Website. Mayor Pro Tern Melendez questioned if Graffiti was referenced in the Lake Elsinore Municipal Code, to which City Attorney Leibold responded it was. 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 - NO QUESTIONS OR COMMENTS Recommendation: Approve the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency April 14, 2009 (b) City Council Meeting Minutes April 14, 2009, April 28, 2009 (3) Warrant List Dated May 28. 2009 Recommendation: Authorize payment of Warrant List dated May 28, 2009. Councilmember Hickman questioned the following items to which Acting Administrative Services Director Riley and Consultant Dennis Anderson responded: CC July 28, 2009 Item No. 2 Page 3 of 28 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of June 9` , 2009 Page 3 of 11 Warrant No. 99659 AmeriPride Service: Mr. Riley stated AmeriPride was responsible for the Parks and Recreation Department's uniform cleaning. Warrant No. 99704 Express Dry Cleaners: Mr. Riley stated Express Dry Cleaners is used by Code Enforcement. Warrant No. 99669 Burke, Williams & Sorenson: Mr. Riley responded, stating Burke, Williams & Sorenson are the attorneys used when dealing with Community Facilities District's. They are responsible for handling and distributing the funds. Councilmember Hickman questioned if the City received any money, to which Mr. Riley responded the City does receive interest. Councilmember Hickman then questioned if the City could refinance CFD loans to lower interest rates of the CFD bonds. Consultant Dennis Anderson stated possibly some of the older loans could be refinanced and he would look into this matter. Warrant No. 99735 Lake Chevrolet: Councilmember Hickman questioned the charge regarding Lake Chevrolet. Mr. Riley stated the charge was regarding the purchase of the Hybrid Vehicles which would be funded from AQMD & NPDES Grant money. Warrant No. 99751 Ortiz Enterprise: Councilmember Hickman questioned the charge. Mr. Riley stated this was for the 1-15 and SR 74 project. Warrant No. 99745 NBS Government Finance Group: Councilmember Hickman questioned the charges for the Finance Group. Mr. Riley responded Consultant Dennis Anderson was responsible for handling the CFD's & LLMD's, and the NBS Group handles the 5 Assessment Districts. Warrant No. 99665 BioTox. Laboratories: Councilmember Bhutta questioned what the laboratory work was used for. Mr. Riley responded this was a Police Department expense for blood testing for drugs. CC July 28, 2009 Item No. 2 Page 4 of 28 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of June 9t , 2009 Page 4 of 11 (4) (5) (6) Claims Against the City. - NO QUESTIONS OR COMMENTS Recommendation: Reject the claims listed above and direct the City Clerk's Office to send a letter informing the claimants of the decision. California Department of Fish & Game Streambed Alteration Agreement Recommendation: Approve the Agreement and authorize the City Manger to execute the Agreement, subject to minor modifications as approved by the City Attorney. Mayor Pro Tem Melendez questioned the financing process. Director Kilroy responded the insurance was to complete the Mitigation. Councilmember Hickman questioned Options A, B and C. Director Kilroy stated the 3 options proposed are all at the same location. The difference between them is the depth and width. Mayor Pro Tem Melendez questioned the cost and asked how long the Qualified Biologist would be onsite. Director Kilroy stated there was no cost of property since the property is owned by the City and could not give a definite time since the priority was the grubbing the area and taking down the vegetation. Director Kilroy responded the Biologists would be used during the bird nesting season and during the time when grubbing was done. Councilmember Hickman questioned where the funding was coming from. Director Kilroy responded initially a $3 million Grant was received from Boating and Waterways. He further stated the City would go out to bid for the engineering & environmental work. This portion of the project would be financed, and there was always the possibility of future grant funds. Mayor Magee asked if a Performance Bond or Construction Bond could be chosen in lieu of a Certificate of Deposit, the Bonds would cost less. Director Kilroy stated he would look into this aspect. Campground & Boat Launch Facility Status Report Recommendation: Receive and file. Mayor Pro Tem Melendez confirmed EVMWD had agreed to pay their fair share capitol cost. Director Kilroy stated the entrance would be moved to Lincoln Street to add deceleration of a lane off of SR 74 which requires a lift-station of EVMWD to be moved. CC July 28, 2009 Item No. 2 Page 5 of 28 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of June 9` , 2009 Page 5 of 11 Mayor Pro Tem Melendez questioned how our fair share is determined and if there was a Letter of Intent. Director Kilroy stated our fair share is 60 percent, and he is not sure yet regarding a Letter of Intent. Councilmember Hickman wanted to know where the financing is from. Director Kilroy stated he is waiting to see what is available for spending. Mayor Magee noted that Congressman Issa's office is helping out with the financing. (7) Amendment to add Water Districts to WRCOG Governing Board NO QUESTIONS OR COMMENTS Recommendation: Approve the Amendment to the Joint Powers Agreement of WRCOG to add the Eastern Municipal Water District and the Western Municipal Water District to the WRCOG. (8) CALTRANS Cooperative Agreement for 1-15 / State Route 74 Interchange NO QUESTIONS OR COMMENTS Recommendation: Enter into a Cooperative Agreement with CALTRANS for the Project Approval and Environmental Documentation (PAED) phase of the 1-15 / SR 74 Interchange Improvement Project. (9) Excel Contract Award Recommendation: Approve the Second Amendment to the Services Contract between the City and Excel Landscaping, Inc. to provide that: a) Excel Landscape, Inc. will maintain all city streetscape identified in Exhibit B to the proposed Second Amendment for a contract price not to exceed $158,940:; and b) The City Manager has the authority to grant up to two 1-year extensions at the same $158,940. contract price based upon the City Manager's determination that Excel has satisfactorily performed the contract services during the prior year. Mayor Magee stated Excel Landscaping is doing a great job, noting the water turf they put in the medians are working great. He stated his concern regarding the City's decision to kill the grass by not watering on Grape Street. Public Works Director / City Engineer Seumalo stated they were able to stop the watering on Grape Street and stopped the program. CC July 28, 2009 Item No. 2 Page 6 of 28 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of June Venda 2009 Page 6 of 11 Mayor Pro Tern Melendez responded stating the turf has not been taken out, and asked what is being replaced. She also questioned when Grape Street would be completed. Director Seumalo stated drought tolerant products are being added to the turf and Grape Street should be completed within this month. Councilmember Bhutta noted this was planned for Lincoln as well. Director Seumalo noted he would get a schedule together for the Council. Councilmember Hickman congratulated Director Seumalo for lowering the cost. PUBLIC HEARING(S) None. APPEAL(S) None. (10) Year 2009-10 - Approval of Engineer's Reports and Resolutions of Intention Recommendations: 1. Waive further reading and adopt a Resolution approving the Engineer's Report for the Citywide LLMD. 2. Waive further reading and adopt a Resolution declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the Citywide LLMD and setting a public hearing for July 14, 2009 3. Waive further reading and adopt a Resolution approving the Engineer's Report for the LLMD No. 1 4. Waive further reading and adopt a Resolution declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the LLMD No. 1 and setting a Public Hearing for July 14, 2009. CC July 28, 2009 Item No. 2 Page 7 of 28 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of June 9~ , 2009 Page 7 of 11 Mayor Magee asked City Manager Brady if there had been a discussion with Southern California Edison regarding cost and if the City could possibly reduce or fix their current fees on our common areas. City Manager Brady responded one way to reduce current charges is to use low effect light fixtures. Councilmember Hickman verified with Consultant Anderson there was no increase in the LLMD rates. Mayor Magee stated this would be beneficial City-wide and recommended the City be pro-active. (11) City Council Policy with respect to event tickets (Form 802) Recommendation: a) Adopt Resolution No. 2009 , Resolution of the City Council of the City of Lake Elsinore, California, regarding the Receipt and Distribution Policy of Tickets and / or Passes in the Furtherance of the City's Reasonably Defined Public Purposes; and b) Direct the City Clerk with the assistance of the City Attorney and City Manager to format the policy provisions contained in the Resolution into a City Council Policy consistent with those set forth in the City Council Policy Manual and to post the Policy on the City's website and to take such other actions and as are required to comply with applicable FPPC Regulations. Councilmember Hickman requested clarification from Attorney Leibold. In addition, the Council had multiple questions such as, if tickets received have to be listed on the Form 700; if tickets previously received had been given away, who they could be given to and how would this be reported; when this change was made and by who; the Fair Political Practices Commission's (FPPC) rules; and when will this go into effect. Attorney Leibold responded the City needed to adopt a policy and post it on the City's Website. She stated there were some restrictions regarding who the tickets could be given to and noted the FPPC came out with information February, 2009. Attorney Leibold stated she received information from the FPPC, and she would work with the City Manager and the City Clerk to put a written policy in place, however, the Resolution stated the criteria and would be effective immediately. CC July 28, 2009 Item No. 2 Page 8 of 28 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of June 9~ , 2009 Page 8 of 11 (12) Recommendation: Approve and authorize the City Manager to execute a letter agreement with Orange County Sheriff-Coroner Department for a six month demonstration and customized configuration of TAGRS for use by the City of Lake Elsinore and the Lake Elsinore Police Department (LEPD). Information / Communications Manager Dennis introduced Orange County Sheriff's Department personnel; Lieutenant James Rudy, Deputy David Beeler, and TAGERS software creator Mr. Ramin Aminloo (from their Information Technology Department). They spoke about the TAGRS system gave a presentation demonstrating the system's effectiveness. Mayor Magee requested they show the presentation at the Council meeting at 7:00 p.m. Councilmember Hickman requested they meet with Mr. Fleming who spoke earlier in the meeting. (13) Draft Agreement with the United States Department of Agriculture Forest Service to Base the Hawaii Mars Air Tanker on Lake Elsinore during the fire season. Recommendation: Approve Agreement in substantially the form attached and authorize the City Manager to finalize and execute the Agreement with the U.S. Department of Agriculture Forest Service to locate the Coulson Hawaii Mars Air Tanker on Lake Elsinore during the fire season. Mayor Magee requested California Fire Chief Hendershot to say a few words at the Council Meeting. Fire Chief Hendershot responded noting on Page 3 of the Agreement, Section 4, states the Forest Service is responsible for the Operations on Lake Elsinore, specifically Retired Fire Safety Specialist Norman Davidson, who can be reached at 951-674-3124, Ext. 302. Chief Hendershot requested a correction be made to the Agreement, Section 4.02, paragraph numbered ii, which refers to the type of activity, the sentence starting with "least twenty four (24) hours in advance of operating the aircraft the word "operating" should be changed to fueling" and to remove Norman Davidson, as he has retired and all calls should be referred to the Riverside County Fire Department. CC July 28, 2009 Item No. 2 Page 9 of 28 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of June 9` , 2009 Page 9 of 11 City Manager Brady noted the cost is $175. to pay for law enforcement, which would cover fuel and the officers. Mayor Pro Tern Melendez questioned if they had the latest copy of the Agreement, to which City Manager Brady responded he will provide them with an updated copy. Mayor Magee questioned who will make contact with Skylark, to which City Manager Brady responded radio would be the form of communication if the Agreement is approved, then more of their equipment will be moved here the next day. The Mayor questioned the cost; City Manager Brady responded it was $6,000. contingent upon how often they will land, which depends upon the fire season. Chief Hendershot reminded the Council the contract is with the United States Forest Service, not California Fire. REDEVELOPMENT AGENCY Vice Chair Bhutta conducted the Redevelopment Agency portion of the meeting in the absence of Chairman Buckley. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes NO QUESTIONS OR COMMENTS Recommendation: Approve the following minute(s): (a) Regular meeting of the Redevelopment Agency - April 14, 2009 CC July 28, 2009 Item No. 2 Page 10 of 28 Lake Elsinore City Council Agenda Joint Study Session for Aq~enda Review Meeting of June 9t , 2009 Page 10 of 11 (3) Warrant List Dated May 28. 2009 Recommendation: Authorize payment of Warrant List dated May 28, 2009. Mayor Pro Tern Melendez questioned the following items to which Acting Administrative Services Director Riley and Agency Counsel Leibold responded: Warrant No. 6048 and 6670 Burke, Williams & Sorenson: Mr. Riley stated this was the same company used for the same purpose as with the City Council; stating Burke, Williams & Sorenson are the attorneys used when dealing with Community Facilities District's. They are responsible for handling and distributing the funds. He further stated the $11,000. charge is for the month of April and the $32,000. is for the months of February and March. He further clarified they were issued hand checks. Warrant No. 6674 Keyser Marston Associates: Agency Counsel Leibold stated Keyser Marston's work is related to the Redevelopment Agency's Plan Amendments. In addition, they were the financial Consultant who evaluated the Bridge Housing Performa. PUBLIC HEARING(S) None. BUSINESS ITEM(S) None. CLOSED SESSION City Attorney / Agency Council Mann gave an overview of each Closed Session item for the City Council and for the Redevelopment Agency. She further stated regarding the City Council Closed Session Item 1B, the Agenda states there are 2 potential Anticipated Litigation cases; however, only one will be discussed tonight. The meeting was then adjourned to the Closed Session meeting. CC July 28, 2009 Item No. 2 Page 11 of 28 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of June Venda 2009 Page 11 of 11 CITY COUNCIL CLOSED SESSION (1A) CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code Section 54957.6) City negotiator: City Manager Robert Brady Employee organization: Lake Elsinore Chapter of Laborer's International Union of North America, Local 777 (113) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases REDEVELOPMENT AGENCY CLOSED SESSION 1) CONFERENCE WITH (Gov't Code 54956.8) Property: Agency Negotiator: Negotiating parties: Under negotiation: ADJOURNMENT REAL PROPERTY NEGOTIATOR APN 375-023-058 Executive Director Brady Lake Elsinore Redevelopment Agency and US Bank / JP Morgan Mortgage Trust # 2006-A2 Price and terms of payment The City Council and the Redevelopment Agency adjourned to Closed Session meeting scheduled to be held at 5:00 p.m. The next scheduled Joint Study Session is scheduled to be held on Tuesday, June 23rd, 2009, at 4:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Dana Porche Dana Porche Office Specialist City of Lake Elsinore, California CC July 28, 2009 Item No. 2 Page 12 of 28 Page 1 of 16 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES June 91h, 2009 (not official until approved) CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, June 9th, 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 Hickman. ABSENT: Councilmember Buckley. Also present: City Manager Brady, Deputy City Attorney Mann, and Office Specialist Porche. 5:00 P.M. CONVENE THE MEETING There was no one who wished to speak regarding a Closed Session item. RECESS TO CLOSED SESSION CLOSED SESSION (1) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9) Voters Against Lake Street Market vs City of Lake Elsinore (Riverside Superior Court Case No. RIC528604) CALL BACK TO ORDER (7:00 P.M.) PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Dr. Lillie Burns. CC July 28, 2009 Item No. 2 Page 13 of 28 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 9, 2009 Page 2 of 16 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, Councilmember Bhutta, Councilmember Buckley (7:07) Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and Planning Commission Secretary Porche. 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. CLOSED SESSION REPORT City Attorney Liebold gave a brief overview of the Closed Session item stating Council met at 5:00 p.m. for discussion and stated there was no reportable action. PRESENTATIONS / CEREMONIALS Korn Memorial Scholarships: Mayor Magee invited the recipients of the Korn Memorial Scholarships - Elsinore, Lakeside, Ortega, and Temescal Canyon High Schools Mark Dennis from the City of Lake Elsinore explained the Adolph Korn Memorial Scholarships to the public in attendance. KORN acts as a trustee to worthy students drawn to health care and medical fields. It was the desire of Adolph Korn to one day educate local youth from the valley and to have a medical facility in Lake Elsinore. He left money in his estate to offer scholarships to help CC July 28, 2009 Item No. 2 Page 14 of 28 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 9, 2009 Page 3 of 16 educate so professionals would come back and serve the community. The money goes to High School students. The following are recipients of the award: Students from Lake Elsinore High School: Sandra Fuentes stated she dreams of becoming a physician. Her plans are to attend California State San Bernardino in the fall for medicine. She thanked everyone for their support and for giving her the opportunity to fulfill her dream. Nathaniel Chamberlain was not present. It was noted he will be attending California State University Dominguez Hills to become a Registered Nurse with plans to continue his education and become a pediatrician. Students from Temescal Canyon High School: Eryn Healy plans to attend California State Fullerton to receive Bachelors in Science majoring in Health Science and nutrition. Her plan is to continue on and receive a Masters Degree and work as a Nutritionist and open her own health clinic one day. She thanked everyone who made this scholarship possible. Chelsea McCarthy plans to attend Orange Coast College followed by a four year college to a physician in anesthesiology. She thanked everyone for this opportunity to achieve her goal. Students from Lakeside High School: Madelyn Prell plans on attending La Sierra University in Riverside in study in pre-medicine. She then plans to continue and earn her Masters Degree in veterinary medicine. Her goal is to open her own practice. She thanked everyone involved with the KORN scholarship. Alfredo Lezama plans on obtaining his Bachelors of Science in Biology or sociology and continue his studies and attend medical school. His ultimate goal is to become a physician or a physician's assistant. Students from Ortega High School: Ruby Ramos plans on attending American Career College to become a Surgical Technician. She thanked the KORN scholarship program. CC July 28, 2009 Item No. 2 Page 15 of 28 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 9, 2009 Page 4 of 16 Jocelyn Vega plans on attending Mount San Jacinto College to become a Registered Nurse and someday open her own clinic. She thanked those who contributed to the scholarship and to those who chose her. Mayor Magee asked all of the family members to stand and told them that without their family support their children would not have made it this far. He commented they had all done a great job in bringing the next generation along. Update regarding the Lake Elsinore Unified School District: Jose Carvajal is the Public Information Officer for the Lake Elsinore Unified School District. He stated June 4th was the last day of school and commented how hard everyone worked. He made the following comments: • 1500 students graduated from all the district's schools. • The Lake Elsinore Unified School District met academic requirements and was no longer in program improvement. Program Improvement was previously required because students didn't meet the standard federal requirements. It had taken 2 years to get into program improvement and 2 years to get out, this was the final year. • Within the district there was now 12 schools that had received 10 point rankings, which is the best. • Excitement was expressed for the completion of the gym which will be completed at the beginning the next school year (August 2009). He went on to state what an accomplishment it had been between the Council and school district. He thanked the council for their joint effort with the school district to accomplish this for the community. • Mr. Carvajal stated how hard the teachers and students worked to bring up the academic level and thanked them all. • August 12th starts the next school year. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Dr. Lillie Burns approached the Council informing them she had 2 CD's which depicted Historical African American accomplishments in various academic disciplines such as political science, religion, sports, arts, and economics. Her request is to have the school district show them in a classroom environment to be used as an educational tool. She stated her experience was the younger children were the most interested. She requested permission to leave a flyer to provide the name and address of a book store where they could be purchased; 31715 Riverside Drive, Lake Elsinore. For additional information call 951-575-7525. CC July 28, 2009 Item No. 2 Page 16 of 28 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 9, 2009 Page 5 of 16 Mayor Magee encouraged her to speak with Jose Carvajal, the Public Information Officer for the Lake Elsinore Unified School District Phil Williams from Elsinore Valley Municipal Water District notified the public there would be a Public Hearing on June 25`h at 4:00 p.m. regarding the ongoing drought. He stated there would be new rates which are designed to help people reduce their water consumption. They were informed they were mandated by the state to reduce water consumption by 20 percent. This was being imposed because of the Court ordered drought due to the problems with the Smelt fish and now Salmon. Mr. Williams stated to assist with the water consumption; Metropolitan Water District (MWD) informed us they had the following available: • Sprinkler heads that reduced water by 40 percent • State of the art weather based timers which use military technology He went on to say that over the past 4 to 5 years, Lake Elsinore had done a great job with water reduction, they had already cut consumption by 20%, and had previously installed sprinkler heads and weather based timers. Lake Elsinore is a model for some of the surrounding cities and counties. Because of Lake Elsinore's example, the schools and Storm stadium have jumped on board. Also, because of Lake Elsinore's results Tuscany Hills would be coming off of the reclaimed water project in 2 to 3 years. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES There was no one present who wished to speak regarding an agenized item. CONSENT CALENDAR APPROVED (2) Approval of City Council Minutes Recommendation: Approved the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency April 14, 2009 (b) City Council Meeting Minutes April 14, 2009, April 28, 2009 CC July 28, 2009 Item No. 2 Page 17 of 28 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 9, 2009 Page 6 of 16 (3) Warrant List Dated May 28, 2009 Recommendation: Authorized payment of Warrant List dated May 28, 2009. (4) Claims Against the City; Claim No. 2009-8 and 2009-10 Recommendation: Rejected the claims listed above and directed the City Clerk's Office to send a letter informing the claimants of the decision. (5) California Department of Fish & Game Streambed Alteration Agreement Recommendation: Approved the Agreement and authorized the City Manger to execute the agreement, subject to minor modifications as approved by the City Attorney. (6) Campground & Boat Launch Facility Status Report Recommendation: Received and filed. (7) Amendment to add Water Districts to WRCOG Governing Board Recommendation: Approved the Amendment to the Joint Powers Agreement of WRCOG to add the Eastern Municipal Water District and the Western Municipal Water District to the WRCOG. (8) CALTRANS Cooperative Agreement for 1-15 / State Route 74 Interchange Recommendation: Entered into a Cooperative Agreement with CALTRANS for the Project Approval and Environmental Documentation (PAED) phase of the 1-15 / SR 74 Interchange Improvement Project. (9) Excel Contract Award Recommendation: Approved the Second Amendment to the Services Contract between the City and Excel Landscaping, Inc. to provide that: a) Excel Landscape, Inc. will maintain all city streetscape identified in Exhibit B to the proposed Second Amendment for a contract price not to exceed $158,940.; and b) The City Manager has the authority to grant up to two 1-year extensions at the same $158,940. contract price based upon the City Manager's determination that Excel has satisfactorily performed the contract services during the prior year. CC July 28, 2009 Item No. 2 Page 18 of 28 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 9, 2009 Page 7 of 16 MOTION was made by Councilmember Bhutta, second by Councilmember Hickman to approve the Consent Calendar as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PUBLIC HEARING(S) None. APPEAL(S) None. BUSINESS ITEM(S) (10) for the Fiscal Year 2009-10 - Approval of Engineer's Reports and Resolutions of Intention APPROVED Recommendations: 1. Waived further reading and adopted Resolution No. 2009-027 approving the Engineer's Report for the Citywide LLMD. 2. Waived further reading and adopted Resolution No. 2009-028 declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the Citywide LLMD and setting a Public Hearing for July 14, 2009. 3. Waived further reading and adopted Resolution No. 2009-029 approving the Engineer's Report for the LLMD No. 1. 4. Waived further reading and adopted Resolution No. 2009-030 declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the LLMD No. 1 and setting a Public Hearing for July 14, 2009. Consultant Dennis Anderson gave an overview of the Engineer's Reports for both Landscaping and Lighting Assessment Districts (LLMD and LLMD No. 1) and noted the Public Hearing date for July 14th, 2009. Councilmember Hickman questioned if there was no income or tax relief, to which Mr. Anderson concurred. CC July 28, 2009 Item No. 2 Page 19 of 28 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 9, 2009 Page 8 of 16 MOTION was made by Mayor Pro Tern Melendez, second by Councilmember Bhutta to waive further reading and adopt Resolution No. 2009-027 approving the Engineer's Report for the Citywide LLMD. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. MOTION was made by Mayor Pro Tern Melendez, second by Councilmember Bhutta to waive further reading and adopt Resolution No. 2009-028 declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the Citywide LLMD and setting a Public Hearing for July 14, 2009. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. MOTION was made by Mayor Pro Tom Melendez, second by Councilmember Bhutta to waive further reading and adopt Resolution No. 2009-029 approving the Engineer's Report for the LLMD No. 1. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. MOTION was made by Mayor Pro Tom Melendez, second by Councilmember Bhutta to waive further reading and adopt Resolution No. 2009-030 declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the LLMD No. 1 and setting a Public Hearing for July 14, 2009. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Passed and adopted the following Resolutions: "Resolution No. 2009-027 - A Resolution of the City Council of the City of Lake Elsinore, California, approving the Engineer's Report for the Citywide LLMD." CC July 28, 2009 Item No. 2 Page 20 of 28 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 9, 2009 Page 9 of 16 "Resolution No. 2009-028 - A Resolution of the City Council of the City of Lake Elsinore, California, declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the Citywide LLMD and setting a Public Hearing for July 14, 2009." "Resolution No. 2009-029 - A Resolution of the City Council of the City of Lake Elsinore, California, approving the Engineer's Report for the LLMD No. 1." "Resolution No. 2009-030 - A Resolution of the City Council of the City of Lake Elsinore, California, declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the LLMD No. 1 and setting a Public Hearing for July 14, 2009." (11) City Council Policy with respect to event tickets (Form 802) APPROVED Recommendation: a) Adopted Resolution No. 2009-031 Resolution of the City Council of the City of Lake Elsinore, California, regarding the Receipt and Distribution Policy of Tickets and / or Passes in the Furtherance of the City's Reasonably Defined Public Purposes; and b) Directed the City Clerk with the assistance of the City Attorney and City Manager to format the policy provisions contained in the Resolution into a City Council Policy consistent with those set forth in the City Council Policy Manual and to post the Policy on the City's Website and to take such other actions and as are required to comply with applicable FPPC Regulations. City Attorney Leibold provided an overview of the new regulations set forth by the Fair Political Practices Commission related to the distribution of tickets and passes which allow admission to facilities, events, shows or performances. She noted the new regulations define more specifically the circumstances under which the distribution of tickets and passes are deemed as "gifts" to the City and when disclosure is required by the City or by the elected official. MOTION was made by Councilmember Hickman, second by Mayor Pro Tem Melendez to adopt Resolution No. 2009-031 regarding the Receipt and Distribution Policy of Tickets and / or Passes in the Furtherance of the City's Reasonably Defined Public Purposes. CC July 28, 2009 Item No. 2 Page 21 of 28 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 9, 2009 Page 10 of 16 Magee stated during the 4:00 p.m. joint Study Session specific questions were asked by Council of the City Attorney, and further direction will be provided and concurred by the Fair Political Practices Commission. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta to direct the City Clerk with the assistance of the City Attorney and City Manager to format the policy provisions contained in the Resolution into a City Council Policy consistent with those set forth in the City Council Policy Manual and to post the Policy on the City's website and to take such other actions and as are required to comply with applicable FPPC Regulations. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Passed and adopted the following Resolution: "Resolution No. 2009-031 - A Resolution of the City Council of the City of Lake Elsinore, California, regarding the Receipt and Distribution Policy of Tickets and / or Passes in the Furtherance of the City's Reasonably Defined Public Purposes." (12) Letter Agreement for Tracking Automated and Graffiti Reporting System (TAGRS) Six Month Trail Demonstration APPROVED Recommendation: Approved and authorized the City Manager to execute a Letter Agreement with Orange County Sheriff-Coroner Department for a six-month demonstration and customized configuration of TAGRS for use by the City of Lake Elsinore and the Lake Elsinore Police Department. Information / Communications Manager Dennis gave a brief overview of the TAGERS software stating this was an automated Graffiti tracking and monitoring in accordance with an Agreement and the City of Lake Elsinore's Six-Month Trial Demonstration. He then introduced Lieutenant James Rudy from the Orange County Sheriffs Department who currently uses the software as part of their security and is pleased with the results. Their graffiti incidents have been reduced by 70 percent. CC July 28, 2009 Item No. 2 Page 22 of 28 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 9, 2009 Page 11 of 16 A 15 minute Power Point presentation was shown to clarify any questions. TAGRS was developed by the Orange County Sheriffs Department. Lieutenant Rudy stated TAGERS has proven successful and has decreased graffiti man-hours and costs extensively. He noted other local law enforcement agencies are now using the software effectively. Lieutenant Rudy introduced 2 additional Orange County Sheriff Employees; Deputy David Beeler and the software creator Mr. Ramin Aminloo from their Information Technology Department. They gave a working demonstration of how the software works. Councilmember Hickman asked Manager Dennis what the benefit to the City would be. Manager Dennis responded stating other users are experiencing savings of man-hours, the ability to prosecute, and fewer graffiti incidents. All of this adds up to cost-savings, and the knowledge this information can be linked with other enforcement agencies brings home the realization there is a consequence. Councilmember Bhutta requested during the trial period Lake Elsinore law enforcement utilize the system to the full extent to ensure we have accurate data to prosecute and demonstrate to everyone how well the system works. MOTION was made by Councilmember Buckley, second by Councilmember Hickman to approve and authorize the City Manager to execute a Letter Agreement with Orange County Sheriff-Coroner's Department for a six-month demonstration and customized configuration of TAGRS for use by the City of Lake Elsinore and the Lake Elsinore Police Department. Further discussion was held by the Council prior to a vote being taken: Mayor Pro Tern Melendez requested clarification of a statement regarding Riverside County was waiting for Lake Elsinore to implement this software before they come on board. Manager Dennis stated that there had been 1 meeting with IT Steering Committee of Riverside County, a round table meeting with other agencies to discuss problems and possible solutions and stated because Lake Elsinore is possibly going forward, it gave credence to the system and other agencies were coming back to rethink the issue and follow Lake Elsinore's lead. Councilmember Hickman questioned if there will be a public phone number where residents can notify and provide information on taggers. The response was yes. CC July 28, 2009 Item No. 2 Page 23 of 28 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 9, 2009 Page 12 of 16 AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. (13) Draft Agreement with the United States Department of Agriculture Forest Service to Base the Hawaii Mars Air Tanker on Lake Elsinore during the fire season. APPROVED Recommendation: Approve an Agreement in substantially the form attached and authorize the City Manager to finalize and execute the Agreement with the U.S. Department of Agriculture Forest Service to locate the Coulson Hawaii Mars Air Tanker on Lake Elsinore during the fire season. City Manager Brady spoke about the draft Agreement. The purpose for today was to obtain approval for the draft agreement so they could move forward. He stated that the draft Agreement was based on the original Agreement when the aircraft had previously been stored at Lake Elsinore. The Coast Guard had modified the Agreement to be current. The aircraft uses the Lake during the Fire Season to scoop water, there would be no cost to the City and the City would be paid $200 for scoops 1 to 50 and $100. for additional water scoops. The City would be reimbursed for any unforeseeable expenses. Fire Chief Hendershot addressed the Council to clarify a few items: • The agreement is with the Federal Government, not Cal-Fire • Cal-Fire is not involved, the airplane does not fit into their pre-plan of attack • This is a super scooper aircraft which means water only and does not drop foam or retardant • This type of aircraft is used primarily for forest fires and doesn't necessarily fit into residential means of suppression • The Fire Department uses helicopters that drop retardant or foam, they are more interested in suppression and obtaining a line around the fire • This aircraft will not be used for initial suppression so if the council sees smoke, don't think the aircraft will be used MOTION was made by Councilmember Buckley, second by Councilmember Hickman to approve an Agreement in substantially the form attached and authorize the City Manager to finalize and execute the Agreement with the U.S. Department of Agriculture Forest Service to locate the Coulson Hawaii Mars Air Tanker on Lake Elsinore during the fire season. CC July 28, 2009 Item No. 2 Page 24 of 28 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 9, 2009 Page 13 of 16 Further discussion was held by the Council prior to a vote being taken: Councilwoman Bhutta stated she wanted the fee amount increased for the City, from $200. to $500. She expressed concern the City wasn't receiving a fair deal. Mayor Pro-Tem Melendez asked about how fuel spills would be handled, and questioned liability issues. City Manager Brady stated both issues were addressed in the Agreement. Councilman Buckley spoke asking the spokesman from the Lake Elsinore Water District about the cost of water. The price of water-per-foot is $300. which determines to be 1/10 of 1 percent. Mayor Hickman then expressed $200. was too low and asked City Manager Brady to negotiate a better deal with the Forest Service. Mayor Magee added to the discussion stating he also agrees the amount is too low and requested the cost negotiated for water pickups to $500. instead of $200. and to $300. instead of $100. This was acceptable to the other Councilmembers and an amended Motion was made and voted upon. An AMENDED MOTION was made by Councilmember Buckley, second by Councilmember Bhutta to approve an Amended Agreement stating the fee amount for 1 to 50 water scoops be amended from $200. to $500. and the fee for additional scoops be amended from $100. to $300. and; approved the Agreement in substantially the form attached and authorized the City Manager to finalize and execute the Agreement with the U.S. Department of Agriculture Forest Service to locate the Coulson Hawaii Mars Air Tanker on Lake Elsinore during the fire season. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES There was no one present who wished to speak regarding a non-agenized item. CC July 28, 2009 Item No. 2 Page 25 of 28 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 9, 2009 Page 14 of 16 CITY MANAGER COMMENTS Monday City of Lake Elsinore - Summer Aquatic Program June 8 Lakeside High School 32595 Riverside Drive 951-245-0442 or www.lake-elsinore.orq The Summer Aquatic Program will begin June 8 until July 31. Registration for Swim Lessons will take place at the Lakeside High School pool site on June 11 and June 24. Open Swim is from 1:30pm - 4:00pm June 8 to July 29. Wednesday Java Jive @ Flour Fusion on Wednesday June 10 8:00 am - 10:00 am 133 N. Main Street 951-245-8848 The Lake Elsinore Valley Chamber of Commerce, in conjunction with Flour Fusion is pleased to announce its newest networking opportunity, Java Jive! This is an informal event, especially created for the morning hours, will give you the opportunity to make new business contacts while enjoying complimentary brewed coffee. A selection of Flour Fusion's delicious pastries will be available for purchase. Friday Children's Art Faire June 12 2:00 pm - 6:00 pm June 13 9:00 pm - 4:00 pm 710 West Graham Avenue 909-262-4684 ask for Robin The Elsinore Woman's Club presents the Children's Art Faire. Children up to the age of 17 are encouraged to enter their art work. Awards and prizes will be given for the different categories. The Art Show will have activities, projects and lots of fun for the kids. Saturday Battle of the Bands June 13th 2:00 pm - 7:00 pm McVicker Skate Park 29355 Grand Avenue Come join in the fun for the Battle of the Bands, hosted by the City of Lake Elsinore McVicker Skate Park. Please contact the Skate Park staff for more information on 951-674-9000. CC July 28, 2009 Item No. 2 Page 26 of 28 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 9, 2009 Page 15 of 16 Saturday Dirt Alliance Tour June 13 5:00 pm - 10:00 pm Diamond Stadium Parking Lot'B' 951-245-HITS (4487) The Storm Stadium will be hosting the Dirt Alliance Tour - Outdoor "Off-road" Show, in parking lot 'B'. The event will consist of various vendors selling equipment and parts for off-road vehicles, live music and various food vendors. Thursday Southwest California City Managers June 18 11:30 am - 1:30 pm The Diamond Club 951-245-8848 The Lake Elsinore Valley Chamber of Commerce presents the EWDC Luncheon. Featured subject this week is 'A Conversation with Southwest California City Managers.' The City Managers will discuss current conditions, forecasts for future developments and common issues between the cities in Southwest California. Thursday All Chamber Mixer- June 25 Hosted by Lake Elsinore Hotel & Casino 5:30 pm. - 9:30 pm. The Diamond Club 951-245-8848 Join the Lake Elsinore Valley Chamber of Commerce at their 5m Annual All Chamber Mixer hosted by the Lake Elsinore Hotel & Casino. The mixer will have a Vegas-style gaming theme with BlackJack & Texas Hold-em games. Music with a View Concert series will be starting up at McVicker Canyon Park. Scheduled dates are August 8, 15, 22, 29, and September 5, 2009. CITY ATTORNEY COMMENTS None. CC July 28, 2009 Item No. 2 Page 27 of 28 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 9, 2009 Page 16 of 16 COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Councilmember Hickman thanked everyone for attending. Mayor Pro Tern Melendez informed everyone Dexter Street is almost completed. She offered Congratulations to all the community graduates; and stated a Lake Elsinore woman had won an award for a prize-winning quilt and the Sprit Award. Councilman Buckley reminded everyone to attend the National All-Star game on June 23, 2009 at the Storm stadium. He announced there would not be a Joint Study Session meeting held on June 23 due to the introductions of the game. He stated Western Regional Council of Governments (WRCOG) recently adopted the Model Water Conversation Agreement which was mandated by California state law and must be completed by the end of the year. He stated WRCOG decreased City fees by 15 percent to help save money. Councilwoman Bhutta reminded everyone to shop locally and thanked them. ADJOURNMENT There being no further business to come before the City Council, Mayor Magee adjourned the meeting at 8:12 p.m. for the City Council to conclude their meeting. There being no further business to come before the City Council, the Council adjourned to the next regular meeting to be held on Tuesday, June 23rd, 2009, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Dana Porche Dana Porche Office Specialist City of Lake Elsinore, California CC July 28, 2009 Item No. 2 Page 28 of 28