Loading...
HomeMy WebLinkAbout2009-08-25 CC Item No. 2CITY OF L LSINORJE DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 25, 2009 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council minutes are submitted for approval: (a) Joint Study Session City Council / Redevelopment Agency August 11, 2009 (b) Regular City Council Meeting Minutes August 11, 2009 Recommendation Approve the Minutes as submitted. Prepared by: Approved by: Debora Thomsen City Clerk Robert A. Brady City Manager CC August 25, 2009 Item No. 2 Page 1 of 26 Page 1 of 11 CITY OF LAKE ELSINORE JOINT CITY COUNCIL / REDEVELOPMENT AGENCY STUDY SESSION - AGENDA REVIEW MINUTES August 11th, 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, August 11th, 2009 in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tem Melendez Councilmember Bhutta (4:02), Councilmember Hickman. ABSENT: Councilmember Buckley. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, and Building and Code Enforcement Manager Chipman. PRESENTATIONS / CEREMONIALS Help Our People of Elsinore (HOPE) Quarterly Update The Mayor confirmed with City Manager Brady Ron Hewison would be representing HOPE. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE None. CC August 25, 2009 Item No. 2 Page 2 of 26 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 11, 2009 Page 2 of 11 PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR (2) Approval of City Council Minutes NO COMMENTS / QUESTIONS Recommendation: Approve the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency July 14, 2009 and July 28, 2009 (b) Regular City Council Meeting Minutes July 14, 2009 and July 28, 2009 (3) Warrant List Dated July 30, 2009 Recommendation: Authorize payment of Warrant List dated July 30, 2009. Councilmember Hickman questioned the following item: Warrant No. 100299 AmeriPride Service City Manager Brady responded the company was responsible for the cleaning and servicing of City Uniforms. Councilmember Hickman questioned if this was for purchasing as well as the cleaning, to which Mr. Brady responded they did both, when a uniform was too worn or needed repair or replacing, they performed whichever task was needed. Mayor Magee questioned the following Item: Revenue Item No. 620: Cost Recovery System Fund reflects a deposit of $60,000. Mayor Magee wanted to know if this was from one deposit or if this was the balance from multiple deposits. City Manager Brady stated he would have to obtain further information. CC August 25, 2009 Item No. 2 Page 3 of 26 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 11, 2009 Page 3 of 11 Mayor Pro Tern Melendez questioned the following items: Warrant No. 100307 Bloomfield Group, Inc. City Manager Brady responded the detail states Certificate Form for Graphics Services for Park Signage; and did not have further details. Warrant No. 100310 Burke, Williams & Sorensen, LLP City Attorney Leibold stated they were the firm who was responsible for collecting what was owed to the City regarding the Community Facilities Districts (CFD). Councilmember Hickman questioned Dennis Anderson regarding how Burke, Williams & Sorensen made their money: CFD Consultant Dennis Anderson came forward to state the firm collected both Burke, Williams & Sorensen's fees and the delinquent CFD fees. They turn over all of the funds they collected to the City and then invoiced the City for their services. Mayor Pro Tem Melendez continued with her questions related to the following items: Warrant No. 100325 Down's Commercial Fueling, Inc. She questioned if this was a line item charge for fuel used by departments or if this was a charge for City equipment's fuel coverage. City Manager Brady responded all vehicles are under the Public Works Department, therefore fuel charges are not broken down by department. This charge is for the total amount of fuel used by the City and is covered by the annual budget. Warrant No. 100414 Select Staffing City Manager stated this charge is for the temporary receptionist. He further clarified the previous receptionist was in another department filling in for an employee who is out on maternity leave. Mayor Pro Tem Melendez questioned the following item: Warrant No. 100448 West Coast Motor Sports City Manager Brady stated this was for replacement motorcycle covers. Councilmember Hickman questioned why 5, to which City Manager Brady confirmed the motorcycles are rotated. CC August 25, 2009 Item No. 2 Page 4 of 26 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 11, 2009 Page 4 of 11 (4) Claims Against the City NO COMMENTS / QUESTIONS Recommendation: Reject the claims listed and direct the City Clerk's office to send a letter informing the claimants of the decision. (5) Proclamation of the City Council Suspending Burning Permits and Other Uses of Open Fire NO COMMENTS / QUESTIONS Recommendation: Consider the attached proclamation suspending the issuance of burn permits and other uses of open fire. (6) Purchase of Pressure Washer / Vacuum and Filtration Unit Recommendation: Authorize the City Manager to execute any and all documentation on behalf of the City in Connection with the purchase of the pressure washer / vacuum and filtration unit. Mayor Pro Tern Melendez asked what the total balance was for the NPES funds. Public Works Director / City Engineer Seumalo stated he did not know the exact amount but it was several hundred thousands of dollars (7) Gravel Road Paving FY 2009 / 2010 - Notice of Inviting Bids Recommendation: Direct staff to advertise the Phase II Gravel Roads Paving project for construction bids. Councilmember Hickman asked if the majority of roads were in Country Club Heights. Public Works Director / City Engineer Seumalo responded yes, however, this did not include all of the roads, the work would be done in 2 Phases, and this was just related to Phase 1. (8) Residential Antidisplacement and Relocation Plan for The Pottery Court Project NO COMMENTS / QUESTIONS Recommendation: Adopt the attached Resolution No. 2009- approving the Residential Antidisplacement and Relocation Assistance Plan for Pottery Court, Lake Elsinore, California (on file with the City Clerk). PUBLIC HEARING(S) None. CC August 25, 2009 Item No. 2 Page 5 of 26 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 11, 2009 Page 5 of 11 APPEAL(S) (9) Appeal of Structure Abatement Action on 523 West Minthorn Street (Continued from the July 14t , 2009 City Council Meeting) Recommendation: Deny the appeal and uphold the decision to place the property into Structure Abatement. Councilmember Hickman requested input from Erik Lunde, the current property owner regarding what his plans were regarding the property. Erik Lunde, stated he had filed the appeal giving history of the conflicts. He stated in October 2006 a lessee took the liberty of removing interior walls, all plumbing and electrical systems, and started construction on a major remodel without City approval or Building permits. Once discovered, the City worked with the owner, who evicted the tenant, and stopped the work. The house has been left in this state. He clarified he had been notified by the City starting in 2007 requesting removal of Graffiti and rubbish. He stated he has spent $15,000. cleaning the property, removing trash, boarding up the windows, installing K-rails to prevent future access, etc. The City contacts him periodically when graffiti needs to be removed, which he has taken care of immediately. He thought all issues were resolved. He noted he has received conflicting information from the City, the Planning Department felt keeping the house and incorporating it into the future development was a positive plan. Mr. Lunde stated previously when the original Environmental Impact Report was done; the house was referenced as Historic. He would still like to keep the property, and incorporate it as planned into the future development. Starting in October 2008, Mr. Lunde stated he started receiving notices the property structurally was unsafe and was being placed in Abatement proceedings. Mr. Lunde stated the house is structurally sound. Councilmember Hickman requested verification Mr. Lunde wanted to incorporate the structure into the new development, Spyglass Ranch to which Mr. Lunde responded positively. CC August 25, 2009 Item No. 2 Page 6 of 26 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 11, 2009 Page 6 of 11 Eric Lunde noted the newspaper stated the house has been vacant for 20 years, which is false. He displayed a letter from the previous owner, Realty Center, Inc. in Lake Elsinore stating from October 1982 to February 2004, "the Villa was leased over those years as a residence and was never vacant in between tenants more than a month or two or so." He stated most of the speculation is who lived there; rumor has Johnny Weissmuller, former Olympian and television actor living and visiting the house. Mayor Magee noted the location of the house has made it a prime focal point when the property is painted as a canvas for graffiti. He noted if the house were to remain, the response time of cleanup needed to be quicker. He questioned Mr. Lunde regarding his plans on He noted previously the plans called for 9 estate lots, now plans reflected only 2 lots. Mayor Magee asked if the building remained; a structural evaluation and proper permitting would be requested, and asked what stage the future project (Spyglass Ranch) was at. Mr. Lunde responded the plans were ready to submit to the Planning Commission in several weeks. Councilmember Bhutta requested Mr. Lunde to keep at a minimum the amount of time City staff would need to spend monitoring the property. Councilmember Hickman responded, noting the staff report states the City has only spent 10 hours to date. Councilmember Hickman requested clarification of what the hours were used on. Building and Code Enforcement Manager Chipman stated the hours were administrative hours, and confirmed when graffiti abatement was needed Mr. Lunde took care of the abatement. Mayor Pro Tern Melendez requested a copy of the letter from the previous owner, which was provided to the City Clerk. Mr. Lunde noted the house lately has received ample exposure in newspapers and has drawn the interest of many. What he would like to receive tonight is clear direction from the Council for the future. BUSINESS ITEM(S) (10) Resolution of Intention to Establish Community Facilities District No. 2009-01 (Park and Street Lighting Maintenance) and to Authorize the Levy of a Special Tax CC August 25, 2009 Item No. 2 Page 7 of 26 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 11, 2009 Page 7 of 11 Recommendation: Adopt a resolution of intention to form Community Facilities District No. 2009-01 (Park and Street Lighting Maintenance) and to levy of a special tax within said district and scheduling the public hearing for September 22, 2009. City Manager stated Pardee Homes had requested this item be continued off calendar. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES None. REDEVELOPMENT AGENCY Vice Chair Bhutta led the meeting in the absence of Chairman Buckley. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE None. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes NO COMMENTS / QUESTIONS Recommendation: Approve the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency July 14, 2009 and July 28, 2009 (b) Redevelopment Agency Regular Meeting July 14, 2009 and July 28, 2009 CC August 25, 2009 Item No. 2 Page 8 of 26 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 11, 2009 Page 8 of 11 (3) Warrant List Dated July 30, 2009 Recommendation: Authorize payment of Warrant List dated July 30, 2009. Agency member Melendez questioned the following item: Warrant No. 6698 Cooper Carry, Inc. She questioned the large dollar amount, asking the total funds which had been spent to date. Acting Community Development Director Weiner stated to date 85 percent had been spent of the total approved amount of $201,000. (4) Residential Antidisplacement and Relocation Plan for The Pottery Court Project Recommendation: Adopt the attached Resolution No. 2009- approving the Residential Antidisplacement and Relocation Assistance Plan for Pottery Court, Lake Elsinore, California (on file with the Agency Secretary). Agency member Hickman requested Redevelopment Agency (RDA) Manager Steve McCarthy to come forward. Manager McCarthy is working to finding comparable units for the tenants to rent. Agency member Hickman questioned if there have been any problems. Mr. McCarthy noted there have been no complaints to date. Agency member Magee confirmed with Manager McCarthy if the relocation housing would be an upgrade to their current living conditions, to which he received a positive response. PUBLIC HEARING(S) None. BUSINESS ITEM(S) (5) Resolution Authorizing a Commitment of Low and Moderate Income Housing Funds to Provide Financing for the Neighborhood Stabilization Program CC August 25, 2009 Item No. 2 Page 9 of 26 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 11, 2009 Page 9 of 11 Recommendation: Approve Resol commitment of $898,250. from the Low / Mod Housing Set-Aside Fund financing for the acquisition / rehabil the City of Lake Elsinore pursu Stabilization Program and authorize loan agreement with RHDC and relat ution No. 2009-_ authorizing a Redevelopment Agency's 20 percent for purposes of providing temporary itation of foreclosed properties within ant to the County's Neighborhood the Executive Director to enter into a ed ancillary documents. It was noted representatives from RHDC would be available to answer questions at the City Council meeting. (6) Buxton Retail List Assessment NO COMMENTS / QUESTIONS Recommendation: Select ten companies to be provided with professionally prepared marketing packages. Executive Director Brady confirmed Buxton would not be present for the 7 p.m. meeting. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES None. CLOSED SESSION Regarding the Redevelopment items, Agency Counsel Leibold stated there were only 2 items, not a total of 4. She clarified there was one potential case for Item 1A and 1 B or you could interpret Item 1 B as deleted. REDEVELOPMENT AGENCY CLOSED SESSION (1A) CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 2- 1 cases CC August 25, 2009 Item No. 2 Page 10 of 26 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 11, 2009 Page 10 of 11 (113) CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 2- 1 cases THE MEETING WAS RECONVENED at 4:20 P.M. BY THE CITY COUNCIL PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Mr. Sam Gregory noted he would like to start a RV Dry Camping "Seasonal" business on the corner of right side of Spring Street and Lakeshore Drive. Mayor Magee requested of Acting Community Development Director Weiner if what was being requested was permissible. It was confirmed the existing Municipal Code would not allow his request; therefore, there would be 2 options: 1 Submit an application to amend the Municipal Code; or 2 Submit an application to the Planning Commission for a Conditional Use Permit. City Attorney Liebold noted this item was not Agendized and therefore no discussion or decision could be made. Mr. Gregory was advised to follow up on his request at City Hall, and noted there would be a fee assessed with the permits. Councilmember Hickman requested where the location of the property was, was noted it was on Spring Street where the house on the corner was located. Mayor Magee noted this subject was not on the Agenda; therefore no decision could be made, and ended any further discussion. CITY COUNCIL CLOSED SESSION City Attorney Leibold gave an overview of the scheduled Closed Session items identified on the City Council Agenda. (1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case CC August 25, 2009 Item No. 2 Page 11 of 26 Lake Elsinore City Council / Redevelopment Agenda Joint Study Session for Agenda Review Meeting Minutes of August 11, 2009 Page 11 of 11 ADJOURNMENT The City Council and the Redevelopment Agency completed the business before them at 4:35 p.m. and both adjourned to the Closed Session meeting scheduled to be held at 5:00 p.m. Debora 1homsen Debora Thomsen, CIVIC City Clerk / Redevelopment Agency Secretary City of Lake Elsinore, California CC August 25, 2009 Item No. 2 Page 12 of 26 Page 1 of 14 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES August 11th, 2009 (not official until approved) CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, August 11th, 2009 to order at 5:00 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tern Melendez Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Building and Code Enforcement Manager Chipman. 5:00 P.M. CONVENE THE MEETING There was no one who wished to speak regarding a Closed Session item. CALL TO ORDER - 5:00 P.M. RECESS TO CLOSED SESSION CLOSED SESSION (1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case CALL BACK TO ORDER (7:00 P.M.) CC August 25, 2009 Item No. 2 Page 13 of 26 Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 2 of 14 PLEDGE OF ALLEGIANCE The pledge of Allegiance was led by Mr. James Brady. INVOCATION - MOMENT OF SILENT PRAYER The Mayor led the audience in a moment of silent prayer. ROLL CALL All Council members were present as noted by City Clerk Thomsen who declared a quorum was present. PRESENT: Mayor Magee, Mayor Pro Tern Melendez Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Building and Code Enforcement Manager Chipman, and Police Lieutenant Wilson. CLOSED SESSION REPORT City Attorney Leibold gave an overview of the Closed Session item and stated there was no reportable action. PRESENTATIONS / CEREMONIALS Help Our People Of Elsinore (HOPE) Quarterly Update - Ron Hewison CC August 25, 2009 Item No. 2 Page 14 of 26 Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 3 of 14 Mr. Hewison gave a quarterly report and an overview of the needs within the community. He noted he now had database software system which reported demographics, income and other explicit details. He thanked all those who support HOPE with their money, time, and those who donate food, stating without the community's involvement, HOPE would not be a success. Mr. Hewison gave a breakdown of the various programs offered, noting how in this economic downturn, people have been concerned for others. Mr. Hewison gave an overview of the 3 independent Food Programs, which have all grown substantially. • The Pantry Program is a regulated program, not a walk-in ministry. In July, 34,000 meals were provided. • The Commodities Program is held on the 2nd Saturday of the month, at 6 a.m. where families are given groceries. Last Saturday, 435 families were provided with food for a total of 1,900 people. To accomplish this, a minimum of 60 to 70 volunteers are needed. • The Fresh Rescue Program started last fall. Fresh food is picked up from 3 stores which are going out of Code date, such as bread, milk, eggs cheese, salads, but not canned food. Albertsons started this program and now Vons and Fresh & Easy participate. This program is for those who do not qualify for the Pantry. The overall comparison are as follows: Meals Distributed - All Programs Year on Year Comparison 2005 - 2009 2005 -2006 2006 -2007 2007 -2008 2008 - 2009 Pantry 61,821 103,608 225,481 332,701 Commodities 30,680 69,370 102,055 Fresh Rescue 74,880 Totals 61,821 134,283 294,851 509.636 PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Barbara Middlebrook, President of Elsinore Valley Arts Network (EVAN) thanked City Staff and the City Council for their support in past years. She stated this year there were 4 events planned at McVicker Park; 7:30 to 9:30 p.m. She gave the dates and the artists performing. She referred anyone with questions to contact their website; www.musicwithaview.com CC August 25, 2009 Item No. 2 Page 15 of 26 Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 4 of 14 August 15 Steve Oliver Jazz August 22 The Missiles of October Blues, Jazz, R&B, Pop, Folk August 29 Cody Bryant Band Country Western September 5 Inland Valley Symphony with two Soloists Wayne Williams stated he had previously spoken at the June 23, 2009 City Council meeting regarding locating a legal medical marijuana dispensary in the City of Lake Elsinore. He noted recent laws passed July 1 authorizes patients to collectively cultivate medical cannabis, and acknowledged a disconnect between state and Federal laws. Mr. Williams noted due to a conversation with City Attorney Leibold, he understood Lake Elsinore was waiting for the outcome of a pending case involving the City of Anaheim. Mr. Williams did not provide to the City Clerk any referenced documentation. Betty Carlson spoke stating she is 60 years old and has multiple medical problems. Her request is for the City to consider placing a legal medical marijuana dispensary. Currently she is driving to Riverside or Orange County. Mayor Magee noted several speakers from Americans for Safe Access would be speaking later in the evening during the 3 minute non-agendized session. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES There was no one present who wished to speak regarding an agenized item. CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approved the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency July 14, 2009 and July 28, 2009 (b) Regular City Council Meeting Minutes July 14, 2009 and July 28, 2009 (3) Warrant List Dated July 30, 2009 Recommendation: Authorized payment of Warrant List dated July 30, 2009. CC August 25, 2009 Item No. 2 Page 16 of 26 Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 5 of 14 (4) Claims Against the City Recommendation: Rejected the claims listed and directed the City Clerk's office to send a letter informing the claimants of the decision. (5) Proclamation of the City Council Suspending Burning Permits and Other Uses of Open Fire Recommendation: Considered and approved the attached Proclamation suspending the issuance of burn permits and other uses of open fire. (6) Purchase of Pressure Washer / Vacuum and Filtration Unit Recommendation: Authorized the City Manager to execute any and all documentation on behalf of the City in connection with the purchase of the pressure washer/ vacuum and filtration unit. (7) Gravel Road Paving FY 2009 / 2010 - Notice of Inviting Bids Recommendation: Directed staff to advertise the Phase II Gravel Roads Paving project for construction bids. (8) Residential Antidisplacement and Relocation Plan for The Pottery Court Project Recommendation: Adopted Resolution No. 2009-050 approving the Residential Antidisplacement and Relocation Assistance Plan for Pottery Court, Lake Elsinore, California. Passed and adopted the following Resolution: "Resolution No. 2009-050 - A Resolution the City Council of the City of Lake Elsinore, California, approving the Residential Antidisplacement and Relocation Assistance Plan for Pottery Court, Lake Elsinore, California." MOTION was made by Councillmember Bhutta, second by Councilmember Hickman and unanimously carried to adopt the Consent Calendar as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. CC August 25, 2009 Item No. 2 Page 17 of 26 Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 6 of 14 PUBLIC HEARING(S) None. APPEAL(S) (9) (Continued from the July 14'r, 2009 City Council Meeting) Recommendation: Deny the appeal and uphold the decision to place the property into Structure Abatement. Mayor Magee opened the Appeal Hearing at 7:18 p.m. City Manager Brady introduced Building and Code Enforcement Manager Chipman regarding this matter. Manager Chipman gave an overview of the history of the structure and the proposed abatement due to the structural integrity. He requested if the Council upholds the appeal, the structure be required to be rehabilitated. Joyce Hohenadl representing the Lake Elsinore Historical Society and the Riverside County Historical Commission for District No. 1, stated she has seen the inside and outside of the property. She noted this is a well built house with 16" walls keeping the inside 15 degrees cooler. She noted there is a double-brick fireplace in the living room, and the approximate footage of the home is 4,000 square feet. She stated this is a historical site; the house is an 80 year old, Adobe structure. Ms. Hohenadl noted buildings of this age did not require steel reinforcement, and plaques were generally placed outside the buildings noting this. She noted Mr. Lunde is in agreement to maintain the house and rehabilitate it with the future development, placing a park around the house. She requested Council to keep the structure. Ruth Atkins, President of the Lake Elsinore Historical Society spoke stating her position is the house should be rehabilated. Ms. Atkins believes the house was built in 1925 and stated it qualifies as a Historical property. She noted it was the owner's responsibility to register the property with Riverside County. This qualification is based upon Mr. Lunde's efforts to maintain the property, the age of the house (80 years) and the Spanish architecture. CC August 25, 2009 Item No. 2 Page 18 of 26 Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 7of14 Mayor Magee noted now was the time for public testimony and stated the owner and appellant of the property, Mr. Eric Lunde was present to respond to any questions if need be. Mayor Magee asked if there was anyone who wished to speak in favor of this appeal. No one responded. Mayor Magee asked if there was anyone who wished to speak in opposition of this appeal. No one responded. Mayor Magee closed the Appeal Hearing at 7:24 p.m. and brought the discussion to the Council. Councilmember Buckley, confirmed this property was to be part of the future of Spyglass Ranch development, perhaps the center of a park. He stated the property should be saved, in addition to the location; it ties the past into the future. He stated not everything old is historic; however a timeline should be given for the rehabilitation rather than to have the house sit as is for a length of time. Councilmember Hickman stated the house should be left alone, noting it is structurally sound, and noted there are other properties that should be torn down first. Mayor Pro Tern Melendez stated she had questions for both Mr. Lunde and Mr. Chipman. Questions for Mr. Chipman: Mayor Pro Tern Melendez stated the staff report noted there had been problems over several months yet a file was not opened on the property. She requested an example of the type of nuisance experienced and asked how many times a month the structure needed staffs attention. Mayor Pro Tern Melendez asked if there were written guidelines for the abatement process, and confirmed when graffiti was apparent, the owner was called to remove it. Manager Chipman responded stating a file was opened in 2006 when the tenant did illegal renovation. Since that time, the house has been vandalized, a squatter was living there, and graffiti was prevalent until the K-rails were put up. City staff monitored the house quarterly, and Manager Chipman confirmed Code Enforcement would contact the owner to clean up the graffiti. He noted the structure had not been rehabilitated since the interior walls were removed and it was time to put the house through the process. Structure abatement forces the property to be brought up to standard or torn down, either way a decision is made. CC August 25, 2009 Item No. 2 Page 19 of 26 Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 8 of 14 Questions for Mr. Lunde: Mayor Pro Tern Melendez confirmed the house had been lived in for many years and had only been vacant since 2006. She received confirmation the structure would be developed as part of the Spyglass Ranch development and rehabilitated from the current sub-standard form. She noted a structural evaluation had not been conducted and requested assurance it would be done before the building was used. Mr. Lunde confirmed all these questions. Councilmember Bhutta stated she did not have a problem if the structure was kept due to the historical value, and requested assurance it would be well maintained. Mayor Magee requested Mr. Lunde to provide Manager Chipman with his current phone number and email address and requested a commitment to the Council he would respond within 72 hours or sooner to any problems that arose. Mayor Magee stated the structure must be brought up to Code and was glad it would be part of the Master Plan for the Spyglass Ranch development. He requested a plaque be placed on the property noting both the oral and written history of the property and structure to preserve the history over time. He recommended Mr. Lunde follow up with the Riverside County Historical Commission to apply for landmark status. MOTION was made by Mayor Magee second by Councilmember Hickman and unanimously carried to approve the appeal, to encourage the applicant to rehabilitate and incorporate the property up to Code, respond to problems within 72 hours and note the historical heritage. Councilmember Buckley noted the 72 hours response time should be adhered to strictly; having the City respond if need be and charge for their services. He noted Code Enforcement was looking out for the City. Mayor Pro Tern stated Code Enforcement was treating this as a safety issue, and recommended a property manager be assigned to monitor the property. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. BUSINESS ITEM(S) ITEM CONTINUED TO A DATE UNCERTAIN PER THE REQUEST OF THE APPLICANT; PARDEE HOMES CC August 25, 2009 Item No. 2 Page 20 of 26 Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 9 of 14 (10) Levy of a Special Tax Recommendation: Adopt Resolution No.2009-_, a Resolution of Intention to form Community Facilities District No.2009-01 (Park and Street Lighting Maintenance) and to levy of a special tax within said district and schedule a Public Hearing for September 22, 2009. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta and unanimously carried to CONTINUE CFD No. 2009-1 TO A DATE UNCERTAIN. Mayor Magee noted there were no requests to speak. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Steve Manos spoke updating the community of the current need for "Habitat for Humanity of the Inland Valley." He stated there were going to be 2 dates to provide a question and answer information forum, volunteers were needed to help assist the building of the homes. These meetings would be held Monday August 24th and Wednesday, August 26th. Mr. Manos stated the first home would be built in Lake Elsinore, however it had not been determined where the second home built would be located; it would be based upon need and income. If anyone needed additional information, please call (951) 296-3362. Earlier in the evening, part of a group for Americans for Safe Access - Medical Marijuana had spoken. The rest of the group chose to speak later in the meeting: LaVonne Victor stated she has been suffering with Multiple Scoliosis for 9 years. Since d2000, she was originally against Medical Marijuana; however after using other prescription drugs and now using Medical Marijuana, she could now walk. She requested a collective dispensary, which would be private; the City of Lake Elsinore would receive revenue and taxes. She stated after using Medical Marijuana she has not had any side effects versus the prescription drugs she used to take. CC August 25, 2009 Item No. 2 Page 21 of 26 Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 10 of 14 James Palmer stated after using prescription drugs for 3 years, he has now been referred to Medical Marijuana. He stated he used to be on many prescriptions, and now that he is on Medical Marijuana he can eat and sleep. He recommended the City implement a legal dispensary to help eliminate drug crime. Martin Victor, wife of LaVonne who spoke earlier; confirmed her statement of prescription drugs versus Medical Marijuana. He further stated he felt the drugs she took brought on her MS (Multiple Scoliosis). He stated a judge in Palm Springs dismissed an argument an Ordinance against Medical Marijuana, and they have now committed to authorizing 2 Medical Marijuana dispensaries. He noted Los Angeles City has received over $17 million dollars in taxes a month from approving Medical Marijuana dispensaries. He stated he suffered from Fibromyalgia and noted Medial Marijuana is a medical medicine. He recommended Lake Elsinore approve legal dispensaries to avoid court. Maria James stated she had unsuspectingly contracted the bacteria of the flesh-eating virus. She stated she had suffered with the pain of this disease for 5 years before being referred to Medial Marijuana. Now, she can function, she can actually live a relatively normal life, compared,to previously. She is off of all other pain medication. She clarified clean versus unclean Marijuana. Clean Marijuana has potency, which can be obtained from collective group growers. Unclean is mild, what a person would obtain from off the street. Ms. James stated she wants to pay taxes; she would like to know someone is benefitting from her purchase, and she would feel safe. She stated this would be a benefit for all, including the City. Tina Piontkowski stated she has live in Lake Elsinore for 18 years. She stated she had raised 2 children and now had degenerative disk disease. She used to pay $1,800. a month in prescription drugs and has now lost her job. She could not function under the excessive medication and now uses Medical Marijuana. She has not used prescription drugs for 3 years, and no longer lives in bed. She has experienced 3 years with Medical Marijuana, and does not want to go back to the past. There were no other speaker who came forward when their name was called to speak. CC August 25, 2009 Item No. 2 Page 22 of 26 Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 11 of 14 CITY MANAGER COMMENTS Wednesday Bob Dylan, Willie Nelson & John Mellencamp Concerts Aug 12 5:30 p.m. Diamond Stadium 500 Diamond Drive (951) 245-4487 Storm Ticket Office "High Grade - Future Perfect" Starring Bob Dylan and His Band, John Mellencamp & Willie Nelson & Friends. Admission is free for children 14 years of age and under accompanied by an adult ticket holder. Wednesday Java Jive at Flour Fusion Aug 12 8:00 a.m. - 10:00 a.m. Flour Fusion 133 N. Main St (951) 245-8848 Lake Elsinore Chamber Chamber of Commerce, in conjunction with Flour Fusion is pleased to announce its newest networking opportunity, Java Jive! Especially created for the morning hours, you will have an opportunity to make new business contacts while enjoying complimentary brewed coffee. Thursday Grand Prix - Community Meeting Aug 13 6:00 p.m. Diamond Club, Storm Stadium (951) 674-3124 Parks & Recreation Dept The Parks & Recreation Department and the Storm Stadium would like to invite you to attend a Community Meeting to discuss the 2009 Grand Prix. Saturday Music with a View Summer Concerts Aug 15 7:30 p.m. - 9:30 p.m. McVicker Park 29355 Grand Ave (951) 245-8890 Barbara Middlebrook The City of Lake Elsinore and the Elsinore Valley Arts Network are proud to present the Concerts in the Park Series 2009. Steve Oliver will be performing Jazz. There will be food, soft drinks, wines and beer sold at each event. Bring your blanket! Have a Picnic. No Alcohol or Dogs Allowed in concert area. CC August 25, 2009 Item No. 2 Page 23 of 26 Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 12 of 14 Wednesday EWDC Luncheon Featuring the Cash Value Card - Shop Aug 20 Local Program 11:30 a.m. - 1:30 p.m. The Diamond Club 500 Diamond Drive Admission: $15.00 PP Member/ $20.00 PP Non-Member Reservations required (951) 245-8848 LEV Chamber of Commerce The topic of the EWDC Luncheon this month is 'Shop Lake Elsinore' - A review of the Lake Elsinore Valley Chamber of Commerce strategy for encouraging residents to shop locally: includes an update on the Cash Value Card Program. Wednesday The State of Our City - Mayor's Annual Address, Social Aug 20 and Baseball Game Schedule of Events: 5:00 p.m. Social 6:00 p.m. Presentation 7:05 p.m. Baseball Game The Diamond Club 500 Diamond Dr. Admission: $20 per person, price includes one game ticket Reservations required. RSVP deadline is August 13. Please join Mayor Magee for this very special event. If you would like to find out the State of the City of Lake Elsinore, do not miss our conversation with Mayor Magee. A ticket to the Storm game is included in the admission price. Seating is limited! Saturday Music with a View Summer Concerts Aug 22 7:30 p.m. - 9:30 p.m. McVicker Park 29355 Grand Ave (951) 245-8890 Barbara Middlebrook The City of Lake Elsinore and the Elsinore Valley Arts Network are proud to present the Concerts in the Park Series 2009. The Missiles of October will be performing Blues, Jazz, R&B, Pop Folk. Food and beverages will be sold at each event. No Alcohol or Dogs Allowed in concert area. CITY ATTORNEY COMMENTS None. CC August 25, 2009 Item No. 2 Page 24 of 26 Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 13 of 14 COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Councilmember Hickman noted school started tomorrow, August 12, 2009; He encouraged everyone to attend the concert series, "Music with a View" at McVicker Park, and to attend the stadium concert with Willie Nelson. Mayor Pro Tem Melendez reminded everyone the Mayor's State of the City Address would be held on August 20th at 5:00 p.m.; she encouraged everyone to attend She also noted the Lake Elsinore's Women's Club would be supporting the Relay for Life which would be held in October, flyers were on the table. Councilmember Buckley had no comments. Councilmember Bhutta stated there were several fundraisers. The American Cancer Society is having a fundraiser August 13, from 11 a.m. to 1 p.m. at Chili's. In addition there are 4 Planned fundraiser dates for school supplies, August 14th at Staples, August 19 h at Lake Elsinore Market Place, August 22 at Lake Elsinore Target, and in Wildomar August 29 at Stater Brothers and Albertsons. All of these events are planned from 10 a.m. to 3 p.m. ADJOURNED IN MEMORIUM Mayor Magee stated the City of Lake Elsinore had lost a valuable employee, Bradley Buron, who passed away on Saturday morning, August 08, 2009, following an automobile accident. Brad worked at the City in the Public Works Department as a Maintenance worker for over 2 '/2 years. He requested his family be remembered and stated the meeting would be adjourned in his memory. There being no further business to come before the City Council Mayor Magee adjourned the meeting at 8:52 p.m. CC August 25, 2009 Item No. 2 Page 25 of 26 Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 14 of 14 The Lake Elsinore City Council adjourn to a regular meeting to be held on Tuesday, August 25, 2009, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Debora Thomsen Debora Thomsen, CIVIC City Clerk, City of Lake Elsinore, California CC August 25, 2009 Item No. 2 Page 26 of 26