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HomeMy WebLinkAbout2009-07-14 City Council 2 CITY 41,c., LAKJ LSINO E DREAM EXTREME TM REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 14, 2009 SUBJECT: APPROVAL OF MINUTES Discussion The following meeting minutes are submitted for approval: (a) Joint Study Session City Council / Redevelopment Agency May 26, 2009 (b) Regular City Council Meeting Minutes May 12, 2009, May 26, 2009, and June 23, 2009 Recommendation Approve the Minutes as submitted. Prepared by: Debora Thomsen ;- City Clerk Approved by: Robert A. Brady, Manager ''� City �� CC July 14, 2009 Item No. 2 Page 1 of 75 Page 1 of 22 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES May 12 2009 (not official until approved) CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, May 12th, 2009 to order at 5:00 p.m. in the Culture Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tem Melendez, Councilmember Bhutta, Councilmember Hickman. ABSENT: Councilmember Buckley. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. 5:00 P.M. CONVENE THE MEETING There was no one who wished to speak regarding a Closed Session item. CLOSED SESSION (1A) CONFERENCE INVOLVING A JOINT POWERS AGENCY (SOUTHWEST COMMUNITIES FINANCING AUTHORITY) (GOV'T CODE § 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 CC July 14, 2009 Item No. 2 Page 2 of 75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 2 of 22 (1B) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: 1 potential case (1C) CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code § 54957.6) City Negotiator: City Manager Robert Brady Employee Organization: Lake Elsinore Chapter of Laborer's International Union of North America, Local 777 7:00 P.M. REGULAR MEETING OF THE CITY COUNCIL RECONVENE THE MEETING PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Mayor Magee. INVOCATION — MOMENT OF SILENT PRAYER The Mayor led the audience in a moment of silent prayer. ROLL CALL All Councilmembers except Councilmember Buckely were present as noted by City Clerk Thomsen who declared a quorum was present. PRESENT: Mayor Magee, Mayor Pro Tem Melendez, Councilmember Bhutta, Councilmember Hickman. ABSENT: Councilmember Buckley. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Police Chief Cleary, Fire Chief Hendershot, Information / Communications Manager Dennis. CC July 14, 2009 Item No. 2 Page3of75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 3 of 22 CLOSED SESSION REPORT City Attorney Leibold gave a brief overview of the Closed Session items stating Council met at 5:00 p.m. for discussion and stated there was no reportable action for each item. City Attorney Leibold stated Parks and Recreation Director Gonzales acted on behalf of Councilmember Buckley in his absence. PRESENTATIONS / CEREMONIALS Mayor Magee called Eagle Scout Jonathan Lawrence Sandberg and his family to the podium and presented him with a Proclamation to recognize his achievement. The Mayor gave an overview of the honor, stating he began scouting as a Cub Scout of Pack 30 in Lake Elsinore in 1998 when he was seven years old. He received his Eagle Scout Award in August 2008. The Mayor noted importance and the difficulty it takes to achieve this award. Eagle Scout Sandberg's project consisted of a letter writing campaign for troops in Iraq and Afghanistan called "Operation Gratitude." Jonathan used his leadership skills and inspired others to participate by giving over 100 hours of his time by forming a plan, organizing a presentation, giving speeches to other Boy and Cub Scout troops, along with hand -on training on how to write a letter of appreciation and thanks. He also received donations of gifts and money, and completed his project with over 200 letters. Jonathan accepted the City's Proclamation and thanked the Mayor and "all of the other Big Shots." His father thanked the community for supporting the Boy Scout organization. Public Works Director / City Engineer Seumalo, and Public Works Manager Bill Payne were called to the podium by Mayor Magee to accept a Proclamation to recognize National Public Works Week. The Mayor thanked them for all of the hard work the Public Works and Engineering Department performs to help Lake Elsinore operate. Director Seumalo and Mr. Payne both stated it is a pleasure and they are proud to serve the community. They thanked their crew for their effort and hard work. Jared Dever from the Northwest Mosquito Abatement & Vector Control District gave a presentation of the services the Vector Control District provides for the Lake Elsinore community. He noted the service area of the Vector Control District covers 240 square miles and 500,000 residents. He specifically addressed the pro- active approach which is being taken regarding the West Nile virus; misquote abatement and their ability to track and monitor with their new GIS system. Mayor Magee thanked Mr. Dever for his concern in keeping the residents educated regarding these matters and advised the community to use the District's services; since it is paid by their taxes and therefore is free to all residents in need. CC July 14, 2009 Item No. 2 Page4of75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 4 of 22 PUBLIC COMMENTS – NON - AGENDIZED ITEMS –1 MINUTE Thomas Vose representing the City's Public Library spoke informing the Council of recent happenings and the plans for the summer. The classes planned for the summer are: Resume and job interviews, Financial classes targeted toward teenagers, Bias in the Media conducted by a representative from CSPAN, Golden State Paranormal— hunting ghosts, and job positions. Mr. Voce noted they have a job board which has advertisements for many government and local jobs for those interested. He stated June will be the summer reading program. He also noted there had been a recent break -in and a computer had been stolen. PUBLIC COMMENTS – AGENDIZED ITEMS – 3 MINUTES None. CONSENT CALENDAR - APPROVED (2) Approval of City Council Minutes Recommendation: Approved the following minute(s): (a) Joint Study Session – Agenda Review City Council / Redevelopment Agency – March 24, 2009 (b) Regular Meeting of the City Council – March 24, 2009 (3) Warrant List Dated April 30, 2009 Recommendation: Authorized payment of Warrant List dated April 30, 2009. (4) Claim Against the City Recommendation: Rejected the Joann Stewart claim and directed the City Clerk's Office to send a letter informing the claimant of the decision. (5) Implementation and Administration of New 'Disadvantaged Business Enterprises' (DBE) Goals Recommendation: Requested the Clerk's office to submit the completed Implementation Agreement to CALTRANS District Local Assistance Engineer (DLAE) for their approval. CC July 14, 2009 Item No. 2 Page5of75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 5 of 22 (6) Communications Site Lease Agreement — McVicker Park Recommendation: Authorized the City Manager to sign the Communications Site Lease Agreement and all necessary documents to finalize the Agreement with Royal Street Communications to install a wireless cellular tower and equipment enclosure at McVicker Park. MOTION was made by Councilmember Bhutta, second by Mayor Pro Tem Melendez and unanimously carried to approve the Consent Calendar as recommended. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. PUBLIC HEARING(S) (7) Tentative Parcel Map No. 36017 and Residential Design Review No. 2007 -12 for a Project Identified as "Lakeshore Villages" APPROVED Recommendations: (1) Adopted a Resolution adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). (2) Adopted a Resolution approving Tentative Parcel Map No. 36017. (3) Adopted a Resolution approving Residential Design Review No. 2007 -12. Public Comments regarding Item No. 7: Mayor Magee opened the Public Hearing at 7:21 p.m. and invited Acting Community Development Director Weiner to give an overview of the project. Mr. Weiner gave an overview of the project stating the applicant was present also. Dick Knapp stated he still had concerns regarding the project although he as previously spoken to Mr. Weiner and to the Planning Commission. He stated there was 30 feet of the Street called Allis which he cannot locate in the proposed project and stated the units did not appear to have enough parking, there would be 128 units and parking was allotted for 1.5 spaces per unit. He stated Gunnison Street was improved, however it warrants a traffic signal and is too narrow of an entrance without a turn - around. Mr. Knapp stated the adjoining property should be used for this project due to the density of the units, 17 units per acre. He stated he had questioned the funding of the project but had yet to receive an answer, and CC July 14, 2009 Item No. 2 Page6of75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 6 of 22 asked if the project was built for low income families funded by the Redevelopment Agency. City Attorney Leibold stated the project does qualify as a low income project; however the applicant has not contacted the Redevelopment Agency to request funding. She noted there may be future dialogue regarding financing which could fall under GAPP funding, but nothing has been discussed to date. Mayor Magee requested Acting Community Development Director Weiner and Director Seumalo to come forward to respond to Mr. Knapp. Mr. Weiner stated the 30 feet right away of Allis Street was not incorporated into the project; the City did not vacate this street. He stated the parking met the minimum standard allowed. Director Seumalo noted due to the absence of a gate, a turn - around was not required; those wishing to turn around would do so within the project driveways. Director Seumalo stated a traffic signal was required as Condition of Approval No. 41. Mayor Magee responded to Mr. Knapp regarding the density, stating the adjoining property owner did not wish to sell his property. Elbert Smith approached the Council stating he was the property owner of the referenced adjoining property and he does not wish to sell his property at this time. He stated he supported where the evacuation exit of the property was, and thanked the Council for their support of the evacuation process. Mr. Smith stated he supports the project although he stands firm with his decision not to sell his land. There being no further speakers, Mayor Magee closed the Public Hearing at 7:31 p.m. to continue the discussion by the Councilmembers. Mayor Pro -Tem Melendez thanked everyone for their support and for working together and stated unfortunately the parking does meet the minimal standard. Councilman Hickman asked if the applicant was responsible for the roads and questioned the tapering of the road at the businesses already there. Mr. Weiner stated there was a 10 foot transition at the entrance. Councilmember Bhutta stated her concern was answered by Mr. Smith regarding the Evacuation plan. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta. CC July 14, 2009 Item No. 2 Page7of75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 7 of 22 City Attorney Leibold noted staff had provided a substitute Resolution revising Section No. 5 and Section No. 6.1.4 regarding the MSHCP. The Motion was restated to reflect this. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta and unanimously carried to adopt Resolution No. 2009-16 adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. MOTION was made by Councilmember Hickman, second by Mayor Pro Tem Melendez and unanimously carried to adopt Resolution No. 2009 -17 approving Tentative Parcel Map No. 36017. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta and unanimously carried to adopt Resolution No. 2009 -18 approving Residential Design Review No. 2007 -12. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. (8) Mitigated Negative Declaration No. 2008 -10, General Plan Amendment No. 2008 -01, Zone Change No. 2008 -02, and Commercial Design Review No. 2008-09 for a proiect identified as `Lake Street Market Place' APPROVED Recommendation: Adopted a Resolution adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). (1) Adopted a Resolution adopting Mitigated Negative Declaration No. 2008 -10. (2) Adopted a Resolution approving General Plan Amendment No. 2008 -01. (3) Approved the introduction and first reading of an Ordinance approving Zone Change No. 2008 -02, and waived further reading. CC July 14, 2009 Item No. 2 Page 8 of 75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 8 of 22 (4) Adopted a Resolution approving Commercial Design Review No. 2008 -09. Public Comments regarding Item No. 8: Mayor Magee opened the Public Hearing at 7:35 p.m. and invited Acting Community Development Director Weiner to give an overview of the project. Mr. Weiner highlighted the history of the project stating the project located at the corner of Lake and Mountain Streets in the northern portion of our City. He stated there has been community involvement from the local residents and gave an overview of each step of the project. He stated there have been neighborhood meetings and the project was before the Planning Commission several times. An approval of recommendation by the Planning Commission was by a 3 to 2 vote. He stated the site is approximately 4 acres and approximately 35,000 square feet of commercial space is proposed. The applicant has requested a Zone Change and a General Plan Amendment, two entitlement requests, from Residential to Commercial. Mr. Weiner referenced other recent zone changes, in the Rosetta area and the Classic Pacific projects off of Riverside and Grand Avenues; however he noted these zone changes were from commercial to residential. He noted the applicant was present. Mayor Magee reminded the public this subject has been passionate for many of the residents in the community and requested all speakers and those in the audience to conduct themselves with decorum and respect for the public process and for the other speakers. He then invited Mr. George McDonough to the podium. George McDonough stated in reference to the project, no construction, (either residential or commercial) should be done on Lake Street until road improvements are made. He noted the landowner, Castel & Cooke knew the property was zoned Residential when they purchased the property 2 to 3 years ago and questioned why the property owner felt so adamant they could purchase the land and have the zoning changed. Mr. McDonough stated road improvements needed to be completed on Lake Street before any construction is done, however Castle & Cooke would not commit to this until they could build and sell approximately 200 more homes approximately 2 to 3 years from now. Mr. McDonough questioned why someone would consider building a shopping center and not intend to improve the road for several years. He further stated when the project was before the Planning Commission several times, the Planning Commissioners had concerns regarding the project too, yet they found ways to advance the project against staffs recommendation and finally approved the project. Mr. McDonough quoted several of the Planning Commissioner's negative statements regarding the project. Mr. McDonough stated the group; "Voters Against the Lake Street Market Place" canvassed the neighborhoods and stores and obtained over 300 signatures against CC July 14, 2009 Item No. 2 Page9of75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 9 of 22 the project and few in favor, noting these petitions had been previously turned into the City Clerk. He noted, the developer, Mr. Garrison when addressing the Council on April 28 requested the Council to consider their petitions with a grain of salt. He ended his public comment by quoting Planning Commissioner Jimmy Flores, stating "the residents of this town come first." Araceli Jimenez stated she too is a member of the group; "Voters Against the Lake Street Market Place" and is opposed to the project. She referenced Council's concern regarding a proposed Storage Center on Corydon Street regarding traffic, yet questioned their concern of Lake Street. She noted the Sherriff's Department reports 75 traffic incidents in 2008 on Lake Street and suggested re- stripping in front of the proposed project. She noted the Boys and Girls Club was close to this area and students are present on the street. Ms. Jimenez suggested the property owner, Castel & Cooke's Mr. Tomlinson who built the Alberhill residential area, owns commercial property there and recommended he build the shopping center there for the Alberhill residents who want commercial development in their area. She further stated the only one who would benefit from this project was the developer. Sally Smith stated she lives near the proposed area and does not want a shopping at the proposed location. She stated many residents of Alberhill want the center due to their convenience since it would not affect their neighborhood with either noise or traffic. She also stated a shopping will attract not only adults, but children too, which without road improvements is unsafe. Ms. Smith stated she is not against progress when it is needed, such as improving the lake, but not adding a shopping center when you have to change the zone from residential to commercial when the residents are opposed. Brian Oakes stated one of his main concerns is with the General Plan zoning change, noting this type of change should be brought before the entire City. He stated the way it is being handled now is sliding a commercial zone change into a residential neighborhood in one area leaving only the people in that area of the City to respond. If this zoning change would wait until the General Plan is up for amendment, the community as a whole would have a say regarding proposed future zoning. He further stated there are too many empty commercial areas within the City. Mr. Oakes noted the proposed project does not include connecting itself to the rest of the area with sidewalks and drainage, which would be demanded if a residential project were to be built at the same location. He asked the Council to re -think the process regarding the way this project has been handled, and to consider the resident's request. He again recommended if a zone change were to be proposed, it should be addressed with the General Plan, not just one neighborhood. Janna Vicario spoke stating she is opposed to the use of residential property for commercial building. She stated the petition signed by the residents of over CC July 14, 2009 Item No. 2 Page 10 of 75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 10 of 22 200 signatures reflects the majority of the residents there. She stated if the shopping center were built, traffic would increase; people will take short cuts through neighborhood streets to avoid the congestion on Lake Street and Grand. She stated many children play outside in neighborhoods and this would become a safety issue. She further commented she has heard from many different people in the City stating it doesn't matter what those in this housing tract who are directly affected want. The decision is already made, and hearing that, she stated if this was accurate it would be truly sad. She noted if a builder from Newport Beach is more important than the citizens of Lake Elsinore, the Council should remember it is the citizens who vote. William Covell stated other speakers before him addressed the children and traffic. He stated he was not aware where each Councilmember lived, but asked them to consider if this were their neighborhood how would they react? He asked them to consider this when they cast their vote. Misty Ford stated she walks her children to school and crosses Lake and Mountain Streets. She stated she is not the only one; many parents do this because they are already concerned with the traffic issues of the area. She noted she lived in Lake Elsinore, moved away and then back because she missed the small town atmosphere. Now, putting commercial and residential together takes away the dream of the community and requested the Council to remember the communities' request. Tamara Fenner spoke stating she is a minority, she supports the project. She would be happy not to have to drive two miles to get milk, noting change is always good, it's a fact of life, along with traffic, noting eventually the road improvements will be made as needed. Renee Cummings noted she has addressed the Council several times in the past and her message hasn't changed, she supports the project. She stated she is not alone she represents others as well. She feels this progress will bring positive attributes to the communities of Alberhill and Lakeside and the surrounding communities. Lindsey Haggard spoke stating although she is a young person; she would live near the project and hopes to be able to obtain a job close to her home, rather than further away. She noted finding a job further is dependent upon transportation, and having something closer to home would bring her an opportunity, not only for her, but also for others. Sam Alhadeff stated he represented the developer who would like to build the center. He commended the City's staff and the Planning Commission and those who spoke in support of the project. Mr. Alhadeff stated he felt he needed to respond to some of the comments that were made previously. He stated he has CC July 14, 2009 Item No. 2 Page 11 of 75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 11 of 22 heard Ms. Jimenez speak at the Study Session and then at the Council meeting and stated he has in the past and will again extend relocation for her family during the construction phase of the project; specifically the grading activities so that they would have the opportunity to not have concerns about her husband's health, should the project be approved. Mr. Alhadeff further discussed various ways to properly grade stating these methods would be used. He also addressed a misconception regarding a project which was previously referenced which happened in 1993 is entirely dissimilar to this one which is proposed. The 1993 project consisted of approximately 18 acres, was a condominium project and was going to have a Kentucky Fried Chicken drive -thru. The third issue he addressed was the letter brought to the Council's attention during the Study Session before the meeting by Attorney Ray Johnson regarding environmental issues, specifically grading and air quality concerns and trips generated from material hauling. Mr. Alhadeff stated liquefaction was also addressed by another independent consultant, a geo- technical firm, Latent Consulting. He noted the developer hired an independent consultant to address and respond to issues and all issues were considered. Mr. Alhadeff stated the traffic engineer was present if the Council has any questions related to traffic issues. Carol Aranellon spoke stating she was an original owner at Lake Terrace noting she has been following this project closely. She noted at election time when campaigns were taking place, she stated she believed those who said the City can grow and still be a small city. She believes that this means there should not be a strip mall on all corners for the convenience of families. She reminded all at one point a historical home was located there which was vandalized by indigents. She noted this is what is currently happening to empty strip malls, and asked why Council would agree residential property should be rezoned to commercial for the purpose of pleasing a landowner and developer. She addressed other changes in the past of the local neighborhood such as the removal of the citrus trees. She asked the Council to consider the protection of the residential neighborhood. Paul Trembly spoke stating his house faces where the proposed strip mall will be. He stated when he was purchasing his home; he spoke to the developers to verify the zoning was residential, and signed a disclaimer stating he was aware commercial would be at the bottom of the hill, not within the neighborhood. He addressed his concern of how many children play outside and the traffic conditions. He noted he does not want to look at a strip mall and their lights at night, let alone the fact of the current economy and property values dropping. There being no further speakers, Mayor Magee closed the Public Hearing at 8:18 p.m. to continue the discussion by the Councilmembers. Councilmember Hickman stated this is a City in transition, and he has been working with Castle & Cooke trying to get a four -year University on the corner of Temescal CC July 14, 2009 Item No. 2 Page 12 of 75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 12 of 22 Canyon and Lake Street. He stated he sees the growth. He addressed the concerns regarding the air quality stating we have strict adherence to the air quality standards due to the Air Quality Management District (AQMD) noting his concern is for the health benefit of all of our citizens in that area. He questioned Mr. Weiner regarding the proposed changes to the General Plan in that area, especially from Mountain to Running Deer Road on Lake, if it is scheduled per the General Plan to become commercial? Mr. Weiner confirmed yes, that is what the proposed General Plan would state at this point. Councilmember Hickman then questioned if everybody who builds in that commercial area would be responsible for developing their side of Lake Street? Mr. Weiner confirmed yes, typically, that is what would occur. Councilmember Hickman further stated the way the City gets a lot of streets paved and developed is through the developer's because the city is having a difficult time with the budget for next year. He further stated he is at a quandary stating heart goes out to the people. Councilmember Bhutta stated she feels for all of those who are in opposition of the project, yet she sees the other side of the supporters too. She stated the residents do come first and she will continue to state that, however she has spoken with many of the residents. She noted most of them have stated they wanted more retail and more restaurants. She stated this project could satisfy both of those needs. She agreed with Councilmember Hickman, she too is finding this a difficult decision, yet there have been several similar zone changes in regard to the General Plan, both commercial to residential and residential to commercial, yet that is another issue. She stated she has not yet decided, but wants to do what is right for the people. Councilmember Hickman questioned Mr. Weiner regarding Page 29 of the City's staff report regarding the placement of trees; asking if the City places trees at 25 feet instead of 30 feet? Mr. Weiner replied, stating, on one project it was at 40 feet, but should have been held to 30 feet. Councilmember Hickman then noted the applicant will pay cash in lieu for the construction of the median. Mayor Magee noted the public process began in January, when the project was before the Planning Commission. He stated he received calls, emails, videos, recordings and DVDs and spent a lot of time reading, listening, and watching all of this. He stated there has been much testimony since the opposition to the project has been at basically every meeting since January 26 to show that they are not in support of the project. Mayor Magee then stated he has heard an equal number of people indicate they are in support of the project, which makes this decision extremely difficult. He continued to state the decision is not any easier especially when the builders first came to town and were told, this community is very sensitive to commercial development, noting the developer needed to do public outreach first. He stated they didn't do that. It was their failure and that is why we are where we are today, with extra public meetings with members of the Council on Saturdays or afternoons listening to the community regardless if they were for or against the CC July 14, 2009 Item No. 2 Page 13 of 75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 13 of 22 project, trying to get their fingers on the pulse. The Mayor stated he comes back to the biggest impact, which is on the transportation system, and requested to hear the improvements proposed. He stated he would like Lake Street to be addressed should this project be approved so he could better understand the terms of the lanes, stripping, and driveways. He stated he is concerned with the safety for the motorist and the pedestrians. Mayor Magee requested this information from Public Works Director Mr. Seumalo. Director Seumalo stated the Engineering Division reviewed the project which required a traffic study, which the City's traffic engineer reviewed. There were comments, which went back and forth, as all projects do. He noted Staff does feel the project is safe, traffic impacts are within standards. Although there will be impacts, the improvements required mitigate them. Mr. Seumalo first addressed the impacts on Mountain Street. Mountain Street is cleaner; the project is required to build full half widths street improvements, curb, gutter, and sidewalk. The stripping will be a left turn pocket as you are going towards Lake Street. A two way left turn stripping, which means once you're in that lane you can turn left or right, which is intended to provide storage for Ginger Root Way as you're going away from Lake Street. The driveway onto Mountain Street is a full left right in and out and is aligned with Ginger Root Way. Originally, there was an offset, which would have been acceptable, but we did push the issue for alignment and the applicant did step up and align that street. Mayor Magee had questions regarding Mountain Street. Staying on Mountain Street at the intersection of Ginger Root Way, as you continue into the existing neighborhood on the unimproved side there is a storm drain that is significantly deteriorating. He then stated the road bed on Mountain is deteriorating and failing and asked if the project is approved tonight, will this improvement be made? Director Seumalo stated the area the Mayor is referring to is part of the street improvement City staff will review, he could not confirm the road would be fixed and drainage corrected at this location due to the approval of the project. The developer is only required to pay an area drainage fee, but the boundary of the project did not extend to that location. Mayor Magee suggested Senate Bill 821, which provides funds to install sidewalks as part of the Children Safe to School Program, and questioned if this Senate Bill could apply to the unimproved area along Mountain Street. Mayor Magee then addressed Lake Street stating during his campaign he was constantly questioned when Lake Street would be improved. He stated he told it would be November, in November, he was told January, in January he was told March, in March he was told in June. He directly questioned Director Seumalo when CC July 14, 2009 Item No. 2 Page 14 of 75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 14 of 22 the improvement would be done, noting the curb has already been graded and set up. Director Seumelo responded, stating the strict answer is the project is required to build it at certain occupancy, stating he has been told the same dates and deferred to the developer. Mayor Magee requested Mr. Tomlinson from Castle & Cooke to come to the podium to respond. Mr. Tomlinson stated Castle & Cooke are currently going back to request a re -bid from the three contractors who originally bid the project and hope to be in construction within the third quarter of this year and to be completed before the rain starts in October. Mayor Magee requested confirmation from Mr. Tomlinson of an exact date, which was provided, October 15 2009. Mayor Magee further noted part of the concern the residents discussed was the General Plan not coming forward first. For the residents, we approved the contract for the General Plan in January 2005 with an 18 month contract. It is now three years later. The Mayor noted he is frustrated stating it is a disservice to the residents and property owners of this valley because it was not done on time or in a timelier manner. The Mayor stated staff has now picked up the ball and is doing the work and promised this will be completed late summer. Mayor Magee addressed the issue of tax revenue which Mr. McDonough referenced by stating he doesn't believe this is a zero sum, stating if we build something we'll be taking away from something else. Every year the population increases and there is more business to draw from. The Mayor stated he is very torn regarding this project; it has kept him awake at night knowing this day was coming. He stated no matter which way the vote goes, people are going to leave unhappy and discouraged with the public process, not pleased with the action of their Council. He then stated no matter which way the vote goes he reminded the public he and all of the Councilmembers and staff have spent countless hours listening to the testimony, researching, going out to the site, doing their best to come up with what he believes is the right decision for the community. He again acknowledged the decision may not be something everyone agrees with. Mayor Pro Tem Melendez addressed several comments made earlier. In response to Mr. McDonough and taking business away from other stores, she stated that is not how business operates. Business may spread out; some may choose to go to Stater Bros., some to Fresh & Easy, and some to other stores. She further noted the City has a responsibility to provide for all of the community members, not just a certain area. There are those who state the City needs more amenities on this side CC July 14, 2009 Item No. 2 Page 15 of 75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 15 of 22 of town and then there are those who state please, no more development, which is a very tough balance. Mayor Pro Tem Melendez further stated she believes there is going to be a benefit to this community if this development is approved. She noted one young lady spoke of having a job opportunity and others need these opportunities as well. She noted there is the convenience of having a store closer to home. Mayor Pro Tem Melendez stated decisions need to be based upon what each Councilmember thinks is right, not on what vote they may or may not receive. She addressed the safety of the children noting crossing the street and going to school is paramount. Referencing the traffic study, she stated the traffic engineer spoke at the last meeting and the issues were addressed. She stated no one wants to see a child or anyone get hurt crossing the street just for the sake of being able to go to the market a little closer to home. She noted California has driven away nearly 1 million dollars in business in the last decade and it very difficult for business in this state. Sales tax is what pays the bills and pays for the officers who keep our neighborhoods safe. The revenue this City brings in pays for Fire Fighters, staff, repair work of the roads, and removal of graffiti. Mayor Pro Tem Melendez addressed Ms. Jimenez, stating she was aware of how she feels about this development, stating she had received her emails and written letters. She stated Mayor Magee pointed it out very well by stating one particular piece of property can not be held hostage and encouraged her to reconsider Mr. Garrison's offer if the project passed tonight. Mayor Pro Tem Melendez then thanked everyone who has come in support and in opposition, stating thank you, although everyone may not be in agreement, but this is how the public process is supposed to work, how government is supposed to run. You have to let us know how you feel and nobody should be afraid to do that, you should always speak up and say what's on your mind and let your local officials know how you feel. She then stated she would make the motion to adopt a Resolution, adopting the Findings that the project is consistent with the MSHCP. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Hickman and unanimously carried to adopt Resolution No. 2009 -19 adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Hickman and unanimously carried to adopt Resolution No. 2009 -20 adopting Mitigated Negative Declaration No. 2008 -10. CC July 14, 2009 Item No. 2 Page 16of75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 16 of 22 City Attorney Leibold stated the motion needed to include additional wording to state the Mitigated Negative Declaration would incorporate the errata pages. The motion was restated. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Hickman and unanimously carried to adopt Resolution No. 2009 -20 adopting Mitigated Negative Declaration No. 2008 -10 which would incorporate the errata pages. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Hickman and unanimously carried to adopt Resolution No. 2009 -21 approving General Plan Amendment No. 2008 -01). City Attorney Leibold stated the motion needed to include additional wording, which is in the response to the comments on the Ray Johnson; noting a complete discussion on Page 18 of that matrix, which is Page 92 of your staff report. There we show two projects that were recently approved the City results in a net increase of residential development of 258 units and that is with the 20 units that would otherwise be lost on the subject property. The Resolution approving the General Plan Amendment references recent annexed properties that have also been designated as residential with a no net Toss finding that we have more than sufficient land residentially designated to meet our regional fair share requirements. But if you could include in the motion an incorporation of the more complete discussion in the matrix we will amend the Resolution accordingly. The motion was then restated: MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Hickman and unanimously carried to adopt Resolution No. 2009 -21 to include Staff Report Page No. 92 approving General Plan Amendment No. 2008 -01). AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Hickman and unanimously carried to introduce and waive further reading of an Ordinance approving Zone Change No. 2008 -02). The City Clerk took a roll -call vote. CC July 14, 2009 Item No. 2 Page 17 of 75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 17 of 22 AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Hickman and unanimously carried to adopt Resolution No. 2009 -22 approving Commercial Design Review No. 2008 -09). AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. Passed and adopted the following Resolutions: "Resolution No. 2009 -19 - A Resolution of the City Council of the City of Lake Elsinore, California, adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP)." "Resolution No. 2009 -20 - A Resolution of the City Council of the City of Lake Elsinore, California, adopting Mitigated Negative Declaration No. 2008 -10 which would incorporate the Errata Pages." "Resolution No. 2009 -21 - A Resolution of the City Council of the City of Lake Elsinore, California to include Staff Report Page No. 92 approving General Plan Amendment No. 2008 -01)." "Resolution No. 2009 -22 - A Resolution of the City Council of the City of Lake Elsinore, California, approving Commercial Design Review No. 2008-09)." Passed and approved the introduction of an Ordinance: "Ordinance No. - Introduced and waived the first reading of an Ordinance of the City Council of the City of Lake Elsinore, California, approving Zone Change No. 2008 -02)." Several minutes were taken to allow members of the audience to leave the Councilchambers who where present for the items determined. CC July 14, 2009 Item No. 2 Page 18 of 75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 18 of 22 APPEAL(S) None. BUSINESS ITEM(S) (9) Lake Elsinore Municipal Code Waivers for National Jet Boat Association Special Event — APPROVED Recommendation: Waive the Lake Elsinore Municipal Code sections listed below for the proposed National Jet Boat Association Special Event, subject to compliance with all other conditions for the event as approved by the City Manager. Waive Lake Elsinore Municipal Code Sections: 9.96.120 Boat Speed Limits 9.96.200 Motorboat Noise 8.40.040A Alcohol is prohibited in City parks 9.28.030 Furnishing alcoholic beverages in public 8.40.060E Lake Use Pass Director of Lake and Aquatics Kilroy gave an overview of the National Jet Boat Association history of using Lake Elsinore in March 2009 and their desire to return for another special event with modified changes. He stated they are back for a sequel on May 30 and 31, 2009 for an event titled "Thunder in the Channel II." The event would start at 7:30 a.m. and end each day at dusk. Director Kilroy stated March was such a success records were set including revenue. The fiscal impact expected will be from $4,000. to $7,000. from boat launching, parking, Lake usage passes and spectator parking fees. This revenue would be received by the City. It is anticipated 100 boats per day are expected to compete. He also stated in March the highlight was a top alcohol -hydro boat that ran 223 m.p.h. and is expected to compete again. He noted representatives from the Jet Boat Association would be available for any questions. Mayor Pro Tem Melendez inquired who was responsible for clean up. Director Kilroy responded the city requests a security deposit and requires the organizers to clean up around them. She requested local food venders be given the opportunity to participate and requested this language be paced in the Agreement. Mayor Magee requested who local vendors should contact if they were interested in participated, noting the Chamber of Commerce would also support this request. Director Kilroy stated this request could be addressed in the Conditions of Approval. CC July 14, 2009 Item No. 2 Page 19 of 75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 19 of 22 Mike Finnegan, volunteer on the Jet Boat Association Board of Directors came forward stating that they were very excited about last year and this years event. He stated Tony Trafton would be coordinating the bulk of the food and beverages, who has provided the food the last time. He also stated last year they included the local vendors and would be doing the same this year if they were interested. Event flyers were given to Kim Cousins (President of Lake Elsinore's Chamber of Commerce) tonight for the purpose of handing to the local businesses. Those interested could contact Tony Trafton or Kim Cousins. Mr. Finnegan stated their intent is to return revenue to the City regardless of any if additional language in included or not in the Agreement. Vendor approval was currently being handled as each application was received. Mr. Finnegan invited all of the council members to attend this year's event and he hoped for better water this time. Mayor Magee inquired if the event sponsor was going to be Lucas Oil again? It was noted they will be a product sponsor only. The Mayor stated Lucas Oil had a spot on local TV and it would be advantageous if the event could be on his show, the Speed Zone. Ken Simonds, President of the Jet Boat Association, came forward and responded that filming was done at the last race in March and would be shown on his TV show soon, however this race was short notice and although it was in discussion, there were no guarantees they would be able to film this race. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta and unanimously carried to waive the Lake Elsinore Municipal Code Sections 9.96.120, 9.96.200, 8.40.040A, 9.28.030, 8.40.060E for this special event only, and to include local vendors per their request. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. (10) Second Reading — of an Ordinance to Amend Section 16.83.040, Part 'A' of the Lake Elsinore Municipal Code Regarding the Transportation Uniform Mitigation Fee (TUMF) - APPROVED Recommendation: Adopted an Ordinance presented for Second Reading CC July 14, 2009 Item No. 2 Page 20of75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 20 of 22 MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Bhutta and unanimously carried to adopt Ordinance No. 1263 to amend Section 16.83.040, Part `A' of The Lake Elsinore Municipal Code regarding the Transportation Uniform Mitigation Fee (TUMF). AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. Passed and approved the second reading of Ordinance No. 1263: "Ordinance No. 1263 - An Ordinance of the City Council of the City of Lake Elsinore, California amending and restating Section 16.83.040, Part A of the Lake Elsinore Municipal Code regarding the Transportation Uniform Mitigation Fee (TUMF)." (11) Fiscal Year 2008 2009 Third Quarter Budget Report APPROVED Recommendation: Received and Filed. Acting Administrative Services Director Riley gave an overview of the Third Quarter Budget. He reviewed highlights of the General Fund for 2008 — 2009 offering no budget recommendations. Mr. Riley gave a brief review of the two Landscape and Lighting Maintenance Districts (LLMD) stating there have been increases related to electricity and water, however the City is limited to the amount they can I increase. He noted the Public Works staff has worked extremely hard at not going in the red and has reduced services in some areas, such as landscape to cut costs. Mr. Riley noted these changes have allowed the City to stay in the black and not go into the red to contribute the City to stay within the proposed budget. He noted the City will be able to stay within budget this Fiscal Year and keep within their strategies due to the previous adjustment recommendations taken at mid year. He stated a full report would be forthcoming. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES None. CC July 14, 2009 Item No. 2 Page 21 of 75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 21 of 22 CITY MANAGER COMMENTS Wednesday Java Jive May13 8am -10 am Flour Fusion 951 - 245 -8848 Anna or Matt Thursday Grand Re- opening May 14 12 pm Guadalajara Mexican Grill Friday Golf with Cops for Kids May 15 7:00 am The Links at Summerly Golf Course For information: 951 - 245 -3389 Tom Thomas tomthomas @copsforkidsinc.org Saturday King of the Cage May 16 6:00 pm The Diamond For information: 951 245 -4487 The Storm Wednesday Cops for Kids - Tips for Kids at Chili's May 20 5 pm - 9 pm Chili's Lake Elsinore Marketplace For information: 951 532 -6327 Thursday Economic Workforce Development Committee (EWDC) May 21 11:30 am - 1:00 pm Lake Elsinore Diamond Club Friday Laughter is the Best Medicine May 22 12 pm Lake Elsinore Senior Center For information: 951 674 2526 Saturday U.S. Armed Services- Red, White and Blue Car Show May 23 The Diamond For information: 951 245 -4487 Joe Martinez CITY ATTORNEY COMMENTS None. CC July 14, 2009 Item No. 2 Page 22 of 75 Lake Elsinore City Council Regular Meeting Minutes of May 12, 2009 Page 22 of 22 COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Councilmember Hickman stated he took his wife to Trevi's Entertainment Center for a Sunday Breakfast Buffet which was very nice. He stated that he learned they do this every Sunday and invited others to attend. He stated the Boat races would be great, and at the speeds they reached last time, they should consider hiring a Air Traffic Controller. He invited all to attend the event. Councilmember Hickman stated the attended the NAACP event along with Riverside County Supervisors Bob Buster and Jeff Stone along with Mayor Magee stating it was an awesome event. Councilmember Bhutta requested everyone to continue to shop locally and to vote in the Special Election to be held on Tuesday, May 19 2009. ADJOURNMENT There being no further business to come before the Council, Mayor Magee adjourned the meeting at 9:10 p.m. The City Council of Lake Elsinore will adjourn to the next regular meeting to be held on Tuesday, May 26, 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, CMC City Clerk, City of Lake Elsinore, California CC July 14, 2009 Item No. 2 Page 23 of 75 Page 1 of 11 CITY OF LAKE ELSINORE JOINT CITY COUNCIL / REDEVELOPMENT AGENCY STUDY SESSION - AGENDA REVIEW MINUTES May 26 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, May 26 2009 in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tem Melendez, Councilmember Bhutta, Councilmember Hickman. ABSENT: Councilmember Buckley. Also present: City Manager Brady, Deputy City Attorney Mann, and City Clerk Thomsen. Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Police Chief Cleary, Fire Chief Hendershot, and Information / Communications Manager Dennis. PRESENTATIONS / CEREMONIALS Mothers Against Drunk Drivers Mayor Magee confirmed with the City Clerk Police Chief Cleary would be presenting the award. CONSENT CALENDAR (2) Approval of City Council Minutes CC July 14, 2009 Item No. 2 Page 24 of 75 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 26 , 2009 Page 2 of 11 Recommendation: Approve the following minute(s): (a) Joint Study Session — Agenda Review City Council / Redevelopment Agency — April 28, 2009 Mayor Magee stated on Page 5 of 12, at the bottom, a spelling correction needed to be made for Public Speaker John Treece. City Clerk Thomsen noted the correction. (3) Warrant List Dated May 14, 2009 Recommendation: Authorize payment of Warrant List dated May 14, 2009. Councilmember Hickman questioned several warrants: No. 99558 LLMD Consultant Dennis Anderson No. 99600 Red Minute Book Covers for the City Clerk Councilmember Bhutta questioned who attended a Grant Writing Seminar: No. 99638 USA Grant Writing, Justin Carlson, Planner (4) Investment Report — April 2009 NO COMMENTS OR QUESTIONS Recommendation: Receive and file. (5) 1 -15 / Railroad Canyon Road and 1 -15 / SR -74 Interchange Update Recommendation: Receive and file the report. Mayor Magee had some questions regarding the project. He questioned if in the interim during construction, if pylons could be placed at SR 74, Dexter Avenue and Kinnard so the businesses could be easily accessible. He also questioned the south side of the concrete curb where there was an exposed gutter during the day for 7 months, and asked how long this would continue, if any penalties were being assessed. Public Works Director / City Engineer Seumalo stated Caltrans was involved with much of the work, and they had been taking credit days due to rain, etc. Mr. Seumalo also noted a driver could make a left turn into the shopping center. CC July 14, 2009 Item No. 2 Page25of75 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 26 , 2009 Page 3 of 11 Councilmember Hickman questioned when Dexter Avenue would be complete. He also asked since there is already asphalt under the bridge, if that lane could be added to ease the congestion. Mr. Seumalo responded the work should be done the first week of June, 2009, and noted the roadway under the bridge had been restriped to shift the lanes that are in use. Mayor Pro Tem Melendez asked if the signals could be synchronized. Mr. Seumalo responded currently the signals are set at a fixed time, switching them at this point could be evaluated for the future. Councilmember Bhutta asked if there was a controversy with Caltrans over a patch of Dexter Avenue, to which Mr. Seumalo responded he was not aware of anything, but were taking care of all of the street. (6) Authorization for the City Manager to enter into Contract with RGP for the Preparation of an Environmental Impact Report for the Lake Elsinore Business Park Project (Industrial Design Review No. 2005 -04) Recommendation: Authorize the City Manager to enter into a contract with RGP for an amount estimated at $80,000. Councilmember Bhutta asked if the applicant was present (they were not) and questioned if they had done other work in Lake Elsinore. City Manager Brady stated they had not. Mayor Magee stated he is pleased to have the improvements made at the Business Park. (7) Professional Services Agreement — Clean Harbors Environmental Services Inc. Recommendation: Authorize the City Manager to enter into a contract with Clean Harbors Environmental Services, Inc. Mayor Pro Tem Melendez asked if this was hazardous waste and if we could do this work ourselves rather than to contract out. Mr. Seumalo responded no, training would have to be provided. Councilmember Bhutta questioned if the cost is based upon historical data. Mr. Seumalo stated there is not a set cost monthly, it is dependent upon what is found within the City that people dump. CC July 14, 2009 Item No. 2 Page 26 of 75 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 26 , 2009 Page 4 of 11 Mayor Magee noted sometimes there are 55 gallon drums full of anything, sometimes tires, it is a hit and miss. He stated unfortunately, we have no control of the expense; the County is shifting these costs to the cities where the waste and debris is found. (8) Agreement between the City of Lake Elsinore and Riverside County Flood Control and Water Conservation District for Construction and Maintenance of Sedco Line -E Recommendation: Authorize the Mayor to execute the agreement with Riverside County Flood Control and Water Conservation District identifying RCFCWCD as having ownership and maintenance responsibility of the facility. Mayor Magee asked about Page 3 of the Exhibit and the future of SEDCO. The Mayor noted the Exhibit clarifies the location. Public Works Director / City Engineer Seumalo stated the Exhibit came from the County with the Agreement and noted this item was a clean -up item, the channel is already built. Mr. Seumalo noted he would check with the County Flood Control. (9) Purchase Prefabricated Restroom — Machado Park Recommendation: (1) Authorize the Parks and Recreation Department to "Piggy- Back" on the California Multiple Award Schedule (CMAS) Contract 4- 06- 56 -0019A to purchase a prefabricated restroom for Machado Park from CXT Precast Products Inc. (2) Authorize the City Manager to process a purchase order to CXT Precast Products Inc. in the amount of $96,388.75. Mayor Magee stated he was impressed with this item, the product looked good and it was 80% less. He congratulated Mr. Gonzales for a job well done. (10) Energy Efficient Lighting Installation — City Facilities Recommendation: CC July 14, 2009 Item No. 2 Page 27 of 75 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 26 , 2009 Page 5 of 11 (1) Authorize the City Manager to process a Purchase Order in the amount of $52,587.00 for the purchase of energy efficient lighting from NovaTech Energy Services Group, Inc. (2) Authorize the City Manager to bypass the bid process in accordance to the City's purchase procedures for purchases greater than fifteen thousand dollars. Councilmember Bhutta thanked staff for saving money and questioned if staff had looked at other companies. Parks and Recreation Director Gonzales responded stating he had, and found this company to be significantly less, (80 %). Mayor Pro Tem Melendez confirmed with Mr. Gonzales he had received only 2 responses, but he stated he received detailed information, including a tape. The Mayor Pro Tem stated it would be great to receive a rebate from Southern California Edison and asked how long the project would take. Mr. Gonzales responded the project would take approximately a six week duration. PUBLIC HEARING(S) (11) Disposition and Development Agreement with Pottery Court Housing Associates, L.P. and Acceptance of 33433 Summary Report Recommendation: Approve Resolution No. 2009- , Resolution of the City Council of the City of Lake Elsinore, California, Approving the Sale of Real Property by the Redevelopment Agency of the City of Lake Elsinore Pursuant to that Certain Disposition and Development Agreement by and between the Redevelopment Agency of the City of Lake Elsinore and Pottery Court Housing Associates, L.P. Mayor Magee noted he will defer this item to the Joint Public Hearing to be held with the Redevelopment Agency. APPEAL(S) None. BUSINESS ITEM(S) (12) Amendment To CALPERS Contract NO COMMENTS OR QUESTIONS RECOMMENDATION: CC July 14, 2009 Item No. 2 Page28of75 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 26 , 2009 Page 6 of 11 (1) Adopt Resolution No. 2009- declaring its intention to approve an amendment to the contract between the board of administration of the California Public Employee's Retirement System (CALPERS) and the City of Lake Elsinore regarding the change in benefits of the proposed contract. (2) Approve the Board of Administration of the California Public Employee's Retirement System (CALPERS) documents: • Certification of Compliance with Government Code Section 7507 • Certification of Governing Body's Action • Certification of Compliance with Government Code Section 20903 (13) Agency Acquisition of City Real Property for Pottery Court Affordable Housing Project Recommendation: (1) Approve Resolution No. 2009- Resolution of the City Council of the City of Lake Elsinore, California, Approving the Sale of Certain Real Property to the Redevelopment Agency of the City of Lake Elsinore. (2) Authorize the Mayor to execute the final form of the Grant Deed on behalf of the City of Lake Elsinore. (3) Authorize the City Manager to execute any other ancillary documents necessary to effectuate the transfer of the City -owned Real Property to the Agency. Mayor Magee questioned the City Attorney if he should defer this item until the Redevelopment Agency is in session, to which City Attorney Mann responded no, it was not necessary. (14) Resolution Declaring Severe Fiscal Hardship NO COMMENTS OR QUESTIONS Recommendation: Adopt the attached resolution finding a severe fiscal hardship will exist if additional local property tax funds are seized and additional unfunded mandates are adopted by the state of California. (15) Support of SmartTown Loyalty Purchasing Program CC July 14, 2009 Item No. 2 Page29of75 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 26 2009 Page 7 of 11 Recommendation: Support the establishment of a SmartTown Loyalty purchasing program in Lake Elsinore with support and participation from the Lake Elsinore Valley Chamber of Commerce. Mayor Magee informed Councilmember Bhutta when this item was up he would turn the presentation over to her. Councilmember Bhutta stated Alliance Corporation, Inc. had a 10 to 15 minute presentation to give regarding the program. Councilmember Hickman questioned if it would cost any money to purchase the SmartCard. Councilmember Bhutta responded no, however they are still trying to find a sponsor to cover the start up expense of producing the cards. (16) Second Reading — Ordinance of the City Council of the City of Lake Elsinore changing the Zoning Designation of Assessor Parcel Numbers 389 - 030 -014, 015, 016, 017 and 018 from R -1 Single Family Residential to C -1 Neighborhood Commercial District under the Zoning Ordinance NO COMMENTS OR QUESTIONS Recommendation: Waive further reading and adopt the attached Ordinance Entitled: Ordinance of the City Council of the City of Lake Elsinore Approving Zone Change No. 2008 -02 Changing the Zoning Designation of Assessor Parcel Numbers 389 - 030 -014, 015, 016, 017 and 018 from R -1 Single Family Residential to C -1 Neighborhood Commercial District Under the Zoning Ordinance. REDEVELOPMENT AGENCY CONSENT CALENDAR (2) Approval of Redevelopment Agency Minutes NO COMMENTS OR QUESTIONS CC July 14, 2009 Item No. 2 Page 30 of 75 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 26', 2009 Page 8 of 11 Recommendation: Approve the following minute(s): (a) Regular meeting of the Redevelopment Agency — April 28, 2009 (3) Warrant List Dated Mav 14, 2009 NO COMMENTS OR QUESTIONS Recommendation: Authorize payment of Warrant List dated May 14, 2009. (4) Investment Report — April 2009 NO COMMENTS OR QUESTIONS Recommendation: Receive and file. PUBLIC HEARING(S) (5) Disposition and Development Agreement with Pottery Court Housing Associates, L.P. and Acceptance of 33433 Summary Report Recommendation: Approve Resolution No. 2009- , Resolution of the Redevelopment Agency of the City of Lake Elsinore Approving that Certain Disposition and Development Agreement by and between the Redevelopment Agency of the City of Lake Elsinore and Pottery Court Housing Associates, L.P. Redevelopment Manager McCarty gave a detailed presentation of the Pottery Court project including the plans, property, and financing. He stated in 2008 the Agency Board selected BRIDGE Housing Corporation (BRIDGE) as an affordable housing partner. He gave a brief history of the project stating now the Pottery Court is an affordable housing site of 4.3 acres. Originally it was anticipated 88 units could be built, but with the acquisition of additional land the project can now offer 111 units. Manager McCarty further stated the current estimate is $3,275,642.57 and the Agency will provide "seller financing" for the Purchase Price and provide funds for predevelopment and project costs. Total Agency financing is $4,061,000. He went on to state in 2008 the Agency committed up to $4,039,000 from available funds from the Agency's Low and Moderate Income Housing Funds with the intent to build 90 units. The Agency now requires $22,000 additional authorization from funds in the Agency's Low and Moderate Income Housing Fund. CC July 14, 2009 Item No. 2 Page 31 of 75 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 26 , 2009 Page 9 of 11 Councilmember Hickman questioned when the ground breaking would be. Betsy Wilson form BRIDGE responded stating construction would start in 2010. BUSINESS ITEM(S) (6) Agency Acquisition of City Real Property for Pottery Court Affordable Housing Proiect Recommendation: (1) Approve Resolution No. 2009- Resolution of the Redevelopment Agency of the City of Lake Elsinore, California, Approving the Acquisition of Certain Real Property from the City of Lake Elsinore, California. (2) Authorize the Executive Director to execute the Certificate of Acceptance any other ancillary documents necessary to effectuate the transfer of the City -owned Real Property to the Agency. Chairman Buckley stated the property is tax deferred property; the owner went into bankruptcy and then passed away. Regarding the property on the corner, Manager McCarty stated the address, which was on file is no longer on file, and the land owner cannot be found. They may be able to pick up additional property too. (7) Fiscal Year 2008 -2009 Third Quarter Budget Report NO COMMENTS OR QUESTIONS Recommendation: Approve the revenue and expenditure budget adjustments proposed for Third - Quarter Fiscal Year 2008 -2009. CLOSED SESSION City Attorney / Agency Council Mann gave an overview of each Closed Session item for the City Council and for the Redevelopment Agency. The meeting was then adjourned to Closed Session. CC July 14, 2009 Item No. 2 Page32of75 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 26 2009 Page 10 of 11 CITY COUNCIL (1A) CONFERENCE INVOLVING A JOINT POWERS AGENCY (SOUTHWEST COMMUNITIES FINANCING AUTHORITY) (GOV'T CODE SECTION 54956.96) Discussion will concern: Conference with real property negotiator: Property — APN 370 - 060 -050 southeast of Corydon /west of Mission Trail Agency negotiator — Dean Deines Negotiating parties — Animal Friends of the Valleys and Elsinore Valley Municipal Water District Under negotiation — Price /terms /Conditions of Payment Name of local agency representative on Joint Powers Agency Board: Councilman Thomas Buckley (1B) 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 (1C) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case REDEVELOPMENT AGENCY (1) 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; 374 - 072 -018, 374 - 072 -020, 374 - 072 -022; 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; 374 - 072 -026 Agency Negotiator: Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and Pottery Court Housing Associates, LP Under negotiation: Price and terms of payment CC July 14, 2009 Item No. 2 Page 33 of 75 Lake Elsinore City Council Agenda Joint Study Session for Agenda Review Meeting of May 26 2009 Page 11 of 11 ADJOURNMENT 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 9, 2009, at 4:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Debora Thomsen Debora Thomsen, CMC Redevelopment Agency Secretary City of Lake Elsinore, California CC July 14, 2009 Item No. 2 Page 34 of 75 Page 1 of 16 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES May 26 2009 (not official until approved) CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, May 26 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 Tem Melendez, Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, Deputy City Attorney Mann, and City Clerk Thomsen. 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 (1A) CONFERENCE INVOLVING A JOINT POWERS AGENCY (SOUTHWEST COMMUNITIES FINANCING AUTHORITY) (GOV'T CODE SECTION 54956.96) Discussion will concern: Conference with real property negotiator: Property — APN 370 - 060 -050 southeast of Corydon / west of Mission Trail Agency negotiator — Dean Deines Negotiating parties — Animal Friends of the Valleys and Elsinore Valley Municipal Water District Under negotiation — Price / terms / Conditions of Payment CC July 14, 2009 Item No. 2 Page35of75 Lake Elsinore City Council Meeting Regular Meeting Minutes of May 26, 2009 Page 2 of 16 Name of local agency representative on Joint Powers Agency Board: Councilmember Thomas Buckley (1B) 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 (1C) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case 7:00 P.M. REGULAR MEETING OF THE CITY COUNCIL RECONVENE THE MEETING PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Councilmember Bhutta. INVOCATION — MOMENT OF SILENT PRAYER The Mayor led the audience in a moment of silent prayer, and requested the community to remember Mr. Al Moran. ROLL CALL All Council members were present as noted by City Clerk Thomsen who declared a quorum was present, although Councilmember Buckley had stepped away for a moment. PRESENT: Mayor Magee, Mayor Pro Tem Melendez, Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. CC July 14, 2009 Item No. 2 Page36of75 Lake Elsinore City Council Meeting Regular Meeting Minutes of May 26, 2009 Page 3 of 16 Also present: City Manager Brady, Agency Counsel Leibold, City Treasurer Baldwin, and City Clerk Thomsen. Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Police Chief Cleary, Fire Chief Hendershot, Information / Communications Manager Dennis. CLOSED SESSION REPORT Deputy City Attorney Mann gave a brief overview of the Closed Session items stating Council met at 5:00 p.m. for discussion and noted there was no reportable action for each item. PRESENTATIONS / CEREMONIALS Mothers Against Drunk Drivers Mayor Magee called Police Chief Cleary and Officer Bommer to the podium to receive a Proclamation. Chief Cleary gave the presentation: We are here tonight to recognize and honor the achievements of Officer Fred Bommer. Officer Bommer is a 19 year veteran of the Department and he has spent the past 10 years assigned to the Lake Elsinore Police Department. Officer Bommer has developed a specific expertise in the area of traffic enforcement and investigation. He has excelled in the specialty of DUI enforcement and is a court recognized expert in this area. For the second year in a row Officer Bommer was honored by Mothers Against Drunk Driving (MADD) for his outstanding commitment to keep impaired drivers off our streets. Officer Bommer was honored in both Sacramento and Riverside for arresting more than 100 DUI drivers in each of the past two years. In 2008 Officer Bommer made 111 DUI arrests. At the Riverside awards luncheon there were almost 100 officers honored for their DUI apprehension efforts. Officer Bommer was number seven out of these 100 officers in overall total DUI arrests. Most of the fatal collisions that occur right here in Lake Elsinore are DUI related. Officer Bommer and the rest of the men and women of the Lake Elsinore Police Department have made this problem one of their highest priorities. For example, in 2006 we experienced 11 fatal collisions in Lake Elsinore. In 2007 this number was down to five...And last year, we had only two! This reduction in fatalities is a direct result of the directed enforcement efforts of Officer Bommer and the rest of your CC July 14, 2009 Item No. 2 Page 37 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of May 26, 2009 Page 4 of 16 Department. While even one death is too many, the efforts of Officer Bommer are helping make the City of Lake Elsinore a safer place! Mayor McGee thanked Officer Bommer and asked him not to transfer anywhere. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE Daniel Uhlry stated he worked many year with Officer Barnum in Lake Elsinore. He stated that it was an honor to have Fred serve Lake Elsinore. Mr. Uhley stated in the beginning of the Lake Elsinore motor patrol, Officers George Graves and Bob Gibson were the first two and then there were 12 fatalities a year. Now the patrol has been increased to 5 which includes a riding Sergeant. He noted the past year and currently there have been only 2 fatalities. Mr. Uhley stated he was unable to attend any of the budget meetings, but requested the Council reconsider cutting two existing motor patrols, reminding them of their benefit of saving lives. Peter Dawson stated there were several incidents on the Lake last Saturday including several boating incidents which involved a boat sinking. He noted each problem could have been prevented if the people involved had taken a Boating Safety Class. He noted the next class starts next Monday. Anyone requesting information can call 202 -1584. Daniel Castorena spoke in support of the Lake Street Market Place stating he lives down the street from the proposed project. He noted he had previously lived near a market and enjoyed it. Bhupinder Kaur stated she is the business owner of the liquor store behind the gas station at Dexter Avenue and Hwy 74. She noted she has lost 40% of business due to the current construction. She stated the only entrance is through the entrance of a gas station. Her customers are complaining and have declined in numbers. She noted she has already met with the Project Manager and requested an answer when this would be over. Mayor Magee stated he understood her frustration and referred her to speak with the Public Works Director. The Mayor commented he knew Ms. Kaur had met with Director Seumalo previously, and recommended she speak with him again to have her questions answered. Mayor Magee stated he was just as frustrated as she was; he was promised the 2nd Phase of the construction would not start until Phase 1 had been completed on Dexter Avenue. The Mayor stated everyone was doing everything possible to get through this as quickly as possible. He noted access to the shopping center has been limited, but should be remedied soon. CC July 14, 2009 Item No. 2 Page38of75 Lake Elsinore City Council Meeting Regular Meeting Minutes of May 26, 2009 Page 5 of 16 PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES None. CONSENT CALENDAR - APPROVED (2) Approval of City Council Minutes Recommendation: Approved the following minute(s): Joint Study Session — Agenda Review City Council / Redevelopment Agency April 28, 2009 (3) Warrant List Dated May 14, 2009 Recommendation: Authorized payment of Warrant List dated May 14, 2009. (4) Investment Report — April 2009 Recommendation: Received and filed. (5) 1 -15 / Railroad Canyon Road and 1 -15 / SR -74 Interchange Update Recommendation: Received and filed. (6) Authorization for the City Manager to enter into Contract with RGP for the Preparation of an Environmental Impact Report for the Lake Elsinore Business Park Project (Industrial Design Review No. 2005 -04) Recommendation: Authorized the City Manager to enter into a contract with RGP for an amount estimated at $80,000. (7) Professional Services Agreement — Clean Harbors Environmental Services Inc. Recommendation: Authorized the City Manager to enter into a contract with Clean Harbors Environmental Services, Inc. (8) Agreement between the City of Lake Elsinore and Riverside County Flood Control and Water Conservation District for Construction and Maintenance of Sedco Line -E Recommendation: CC July 14, 2009 Item No. 2 Page39of75 Lake Elsinore City Council Meeting Regular Meeting Minutes of May 26, 2009 Page 6 of 16 Authorized the Mayor to execute the agreement with Riverside County Flood Control and Water Conservation District identifying RCFCWCD as having ownership and maintenance responsibility of the facility. (9) Purchase Prefabricated Restroom — Machado Park Recommendation: PULLED FOR DISCUSSION (1) Authorized the Parks and Recreation Department to "Piggy- Back" on the California Multiple Award Schedule (CMAS) Contract 4- 06- 56 -0019A to purchase a prefabricated restroom for Machado Park from CXT Precast Products Inc. (2) Authorized the City Manager to process a Purchase Order to CXT Precast Products Inc. in the amount of $96,388.75. (10) Energy Efficient Lighting installation — City Facilities Recommendation: (1) Authorized the City Manager to process a Purchase Order in the amount of $52587.00 for the purchase of energy efficient lighting from NovaTech Energy Services Group, Inc. (2) Authorized the City Manager to bypass the bid process in accordance to the City's purchase procedures for purchases greater than fifteen thousand dollars. MOTION was made by Councilmember Buckley, second by Councilmember Bhutta to approve the Consent Calendar with the exception of Item No. 9 which was pulled for discussion. The motion was unanimously carried. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PULLED FOR DISCUSSION: CONSENT CALENDAR ITEM NO. 9: (9) Purchase Prefabricated Restroom — Machado Park APPROVED Recommendation: (1) Authorized the Parks and Recreation Department to "Piggy- Back" on the California Multiple Award Schedule (CMAS) Contract 4- 06- 56 -0019A to purchase a prefabricated restroom for Machado Park from CXT Precast Products Inc. (2) Authorized the City Manager to process a Purchase Order to CXT Precast Products Inc. in the amount of $96,388.75. CC July 14, 2009 Item No. 2 Page 40 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of May 26, 2009 Page 7 of 16 Mayor Pro Tem Melendez stated she pulled the item to let the Community know the replacement of the park's restroom is being funded by approved Community Development Block Grant (CDBG) ($160,000.) funds and not from the City's budget. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Hickman to purchase a prefabricated restroom for Machado Park and authorize the City Manager to process the Purchase Order. The motion was unanimously carried to approve Item No. 9 which was pulled for further discussion. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PUBLIC HEARING(S) Notice of the Joint Public Hearing has been duly given and affidavits of compliance are on file in the City Clerk's office. No written communication has been received by the City Clerk's office. (11) Disposition and Development Agreement with Pottery Court Housing Associates, L.P. and Acceptance of 33433 Summary Report ITEM DEFERRED TO JOINT PUBLIC HEARING SESSION WITH THE REDEVELOPMENT AGENCY Recommendation: Approve Resolution No. 2009- , of the City Council of the City of Lake Elsinore, California, approving the sale of Real Property by the Redevelopment Agency of the City of Lake Elsinore Pursuant to Certain Disposition and Development Agreement by and between the Redevelopment Agency of the City of Lake Elsinore and Pottery Court Housing Associates, L.P. Mayor Magee stated the City Council will defer consideration of this item until such time the Agency Board opens its regularly scheduled meting this evening and at that time the City Council and the Redevelopment Agency will conduct a Joint Public Hearing. CC July 14, 2009 Item No. 2 Page 41 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of May 26, 2009 Page 8 of 16 APPEAL(S) None. BUSINESS ITEM(S (12) Amendment to CALPERS Contract - APPROVED Recommendation: (1) Adopted Resolution No. 2009 -023 declaring its intention to approve an Amendment to the Contract between the Board of Administration of the California Public Employee's Retirement System (CALPERS) and the City of Lake Elsinore regarding the change in benefits of the proposed Contract. (2) Approved the Board of Administration of the California Public Employee's Retirement System (CALPERS) documents: • Certification of Compliance with Government Code Section 7507 • Certification of Governing Body's Action • Certification of Compliance with Government Code Section 20903 Acting Administrative Services Director Riley gave an overview of the need to revise the existing CALPERS Contract. He stated Staff is anticipating a Fiscal Year 2009 — 2010 General Fund revenue shortfall of approximately $3.1 million as a result of the current economic recession. The City is developing a budget strategy which may include workforce reductions, further cuts in operating expenditures, and withdrawing funds from the City's supplemental revenue reserve "rainy day" fund. Mr. Riley further stated by amending this Contract provides the opportunity to grant two years of additional service credit to employees under certain circumstances. These employees must be a minimum of 50 years old and have a minimum of 5 years of service. They must voluntarily decide to retire with the dates of June 26 2009 through September 26 2009. Mr. Riley further stated the advantage of offering this would be to help mitigate the number of additional involuntary layoffs that may be needed. Councilmember Hickman questioned the number of employees that were interested in taking this offer. Mr. Riley responded, stating they anticipate approximately 3 employees actually retiring, although many others have requested information. It is not certain yet what the outcome will be. CC July 14, 2009 Item No. 2 Page42of75 Lake Elsinore City Council Meeting Regular Meeting Minutes of May 26, 2009 Page 9 of 16 MOTION was made by Councilmember Hickman, second by Mayor Pro Tem Melendez and unanimously carried to approve Resolution No. 2009 -023 declaring intention to approve an Amendment to the CALPERS contract and approve the required CALPERS documents initiating the Amendment. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Passed and approved the following Resolution: "Resolution No. 2009 -023 — A Resolution of Intention to approve an Amendment to contract between the Board of Administration California Public Employees' Retirement System (CALPERS) and the City Council of the City of Lake Elsinore, California." (13) Agency Acquisition of City Real Property for Pottery Court Affordable Housing Project - APPROVED Recommendation: (1) Approved Resolution No. 2009 -024, A Resolution of the City Council of the City of Lake Elsinore, California, approving the sale of certain Real Property to the Redevelopment Agency of the City of Lake Elsinore. (2) Authorized the Mayor to execute the final form of the Grant Deed on behalf of the City of Lake Elsinore. (3) Authorized the City Manager to execute any other ancillary documents necessary to effectuate the transfer of the City -owner Real Property to the Agency. City Manager Brady gave an overview of the item stating the City owns property located with the site boundaries of the proposed Pottery Court Redevelopment project. Selling the property to the Redevelopment Agency (RDA) is authorized if the land is to be used for purposes of redevelopment. Mayor Magee confirmed with the Deputy City Attorney if one motion could be made for all 3 recommendations, the City Attorney concurred. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta and unanimously carried to approve Resolution No. 2009 -024 approving the sale of property to the Redevelopment Agency of the City of Lake Elsinore. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. CC July 14, 2009 Item No. 2 Page43of75 Lake Elsinore City Council Meeting Regular Meeting Minutes of May 26, 2009 Page 10 of 16 Passed and approved the following Resolution: "Resolution No. 2009 -024 — A Resolution of the City Council of the City of Lake Elsinore, California, approving the sale of certain real property to the Redevelopment Agency of the City of Lake Elsinore." (14) Resolution Declaring Severe Fiscal Hardship - APPROVED Recommendation: Adopted Resolution No. 2009 -025 finding a severe fiscal hardship will exist if additional local property tax funds are seized and additional unfunded mandates are adopted by the state of California. City Manager Brady gave an overview of the item stating the state of is considering borrowing money from cities to balance the state's budget. If this is done, Lake Elsinore would lose over $685,000. The California League of Cities has requested all cities to take action and pass a Resolution declaring severe fiscal hardship to send a message to the state. Mayor Pro Tem Melendez requested the community to contact their state legislatures to voice their disapproval. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Hickman and unanimously carried to approve Resolution No. 2009 -025 finding a severe fiscal hardship will exist if mandates are adopted by the state of California to take funds from local government. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Passed and approved the following Resolution: "Resolution No. 2009 -025 — A Resolution of the City Council of the City of Lake Elsinore, California, finding a severe fiscal hardship will exist if additional City property tax funds are seized and additional unfunded mandates are adopted by the state of California." (15) Support of SmartTown Loyalty Purchasing Program - APPROVED Recommendation: CC July 14, 2009 Item No. 2 Page 44 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of May 26, 2009 Page 11 of 16 Supported the establishment of a SmartTown Loyalty Purchasing Program in Lake Elsinore with support and participation from the Lake Elsinore Valley Chamber of Commerce. Councilmember Bhutta spoke regarding the SmartTown Loyalty Purchasing Program stating the purpose is to encourage residents to shop locally. She stated the program is intended to increase sales to participating merchants, provide rebates to shoppers and funding to non - profit organizations designated by the shopper. She noted she has met with the Lake Elsinore Valley Chamber of Commerce who supports the program and the Alliance Card, Inc. who would provide the program setup, the cards, marketing and operations. Mr. Joe McIntire and Mr. Jay Sherman from Alliance Card, Inc. (ACI) came forward to speak about the program and to give a presentation. They gave a overview of what the SmartTown card does and what it provides. The Concept is to provide technology for the merchant to offer a rebate to the consumer and a donation to a non - profit organization. They stated the benefits are many. To the Merchant; the merchant no longer has to finance advertising for discounts and sales, the rebate percentage is given to the consumer at the cash register. When purchases are made, funding is sent directly to the designated non - profit. In addition, the merchant may receive tax incentives for using ACI. To the Consumer; they consistently receive a cash rebate for each purchase made with participating merchants regardless of form of payment used. With each purchase, the consumer is providing funding for a non - profit of their choice. To the Non - Profit Organization; they consistently receive a potion of the rebate given with each purchase. ACI representatives further noted other benefits. Since this was not a credit card anyone 10 years of age could use the card, consumers earn cash rewards as they spend at any participating business and account activity reporting was available on -line 24 hours a day, 7 days a week. Businesses benefited also, they did not have any transaction fees, could write -off 100% of reward as operating or promotional expenses and were creating a vehicle to consolidate "corporate giving." CC July 14, 2009 Item No. 2 Page45of75 Lake Elsinore City Council Meeting Regular Meeting Minutes of May 26, 2009 Page 12 of 16 Mr. Kim Cousins, President of the Lake Elsinore Valley Chamber of Commerce came forward to promote the card. He stated after studying all aspects for several months, he recommends passing this item, but requested one caveat, stating a sponsor is needed to cover the initial startup expense of approximately $13,000 to $20,000 to produce the cards. Councilmember Bhutta thanked the Chamber of Commerce for working with her to promote local business. There being no further speakers regarding this item, discussion was held by the Council. Councilmember Hickman questioned if there was any fee the merchants had to pay to become a member. ACI responded they would need to purchase a machine which would swipe the card. Councilmember Buckley asked about the charity donations, how many could a consumer have and how often could they change it. ACI responded the consumer could only have one charity at a time, however they could change the charity each hour. Mayor Magee thanked Councilmember Bhutta and the Chamber of Commerce for promoting local business. MOTION was made by Councilmember Bhutta, second by Councilmember Hickman and unanimously carried to support the establishment of a SmartTown Loyalty purchasing program in Lake Elsinore with support and participation from the Lake Elsinore Valley Chamber of Commerce. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. (16) Second Reading — Ordinance of the City Council of the City of Lake Elsinore changing the zoning designation of Assessor Parcel Numbers 389 - 030 -014, 389 - 030 -015, 389 - 030 -016, 389 - 030 -017 and 389 - 030 -018 from R -1 Single Family Residential to C -1 Neighborhood Commercial District under the Zoning Ordinance - APPROVED CC July 14, 2009 Item No. 2 Page46of75 Lake Elsinore City Council Meeting Regular Meeting Minutes of May 26, 2009 Page 13 of 16 Recommendation: Adopted Ordinance No. 1264 of the City Council of the City of Lake Elsinore Approving Zone Change No. 2008 -02 Changing the Zoning Designation of Assessor Parcel Numbers 389 - 030 -014, 389 - 030 -015, 389 - 030 -016, 389 - 030 -017 and 389 - 030 -018 from R -1 Single Family Residential to C -1 Neighborhood Commercial District Under the Zoning Ordinance. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta and unanimously carried to approve Ordinance No. 1264 approving the Zone change from R -1 to C -1 for APN's 389 - 030 -014, 389 - 030 -015, 389 - 030 -016, 389 - 030 -017 and 389 - 030 -018. A Roll -Call vote was taken by the City Clerk. AYES: Bhutta, Hickman, Magee, Melendez. NOES: Buckley. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Chris Hyland spoke regarding the proposed budget which indicated the police department was to lose 2 motor cycle officers, and stated how important they are to the community, especially when it comes to life and safety. She referenced an incident from a previous year when it was obvious the response time to get to residents was high and more officers were needed. She noted the community has worked hard to increase the police presence and is appalled they are being considering cutting the police to help balance the budget. She gave several examples of how they help protect our community and requested the Council to not reduce the police department. CITY MANAGER COMMENTS Wednesday "Ask the Doctor" May 27 12 pm Senior Center 420 E. Lakeshore Dr. 951 674 2526 Visiting nurses from Ramona will be providing information on Memory. Bring your questions and learn about age related memory changes signs of dementia, causes of memory loss and what the early signs of Alzheimer's disease are. CC July 14, 2009 Item No. 2 Page 47 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of May 26, 2009 Page 14 of 16 Thursday Business Networking Mixer — Elsinore Woman's Club May 28 5:30 — 7:30 pm 710 W. Graham Avenue 951 245 8848 - Chamber of Commerce Join the Lake Elsinore Valley Chamber of Commerce at their monthly Business Networking Mixer. This is a great opportunity to meet other community members and showcase your business with a raffle prize. This months Business Mixer is hosted by Elsinore Woman's Club. Saturday 2009 Field of Dreams May 30 6:00 pm - 10:00 pm Storm Stadium 500 Diamond Drive 951 699 1526 - Kim Webb Boys and Girls Club at Alberhill Ranch celebrates the year's accomplishments with their annual fundraiser at the Storm Stadium on the field, under the stars and fireworks. Bring a sweater because it can get cold at night. Sat / Sun Thunder in the Channel II May 30 — 31 7:00 am - 5:00 pm Levee System Entrance Storm Stadium 500 Diamond Drive 714 777 5081 The National Jet Boat Association, America's oldest drag boat racing organization, is pleased to announce the return of high - performance drag boat racing to Riverside County. During the weekend of May 30th and 31st, the NJBA presents 'Thunder in the Channel II', a high octane racing event on beautiful Lake Elsinore. Spectator's gates open 7 am. Qualifying races begins at 7:30AM. Bring your lawn chairs!! No ice chests, pets or outside food and /or beverages allowed. Beer Garden (21 and over), hot food and beverages will be available. Admission: $15 Saturday $20 Sunday $30 Sat / Sun. Wednesday AARP Driver Safety June 3 8 am - 4 pm Lake Elsinore Senior Center 420 E. Lake shore Drive 951 674 2526 AARP Driver Safety Classroom Course to be offered at the Elsinore Senior Center; Course completion could result in a discount on your car insurance premiums. Friday EDC Annual Golf Tournament June 5 7:00 am Menifee Lakes Country Club 29875 Menifee Lakes Dr. 951 461 8300 Nancy Obenberger CC July 14, 2009 Item No. 2 Page 48 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of May 26, 2009 Page 15 of 16 The EDC of Southwest California invites you to its 15th Annual Golf Tournament. With a Four - Person Scramble format this tournament will feature Hole -in -One car prizes on 3 holes, awards for 1st, 2nd & 3rd and various contests. Registration deadline: June 1, 2009. Saturday Just 4 Kids Fishing Derby June 6 7:30 am Diamond Stadium Levee Lake Elsinore Community Center 951 - 245 -0442 Kids ages 15 years and younger may fish for prizes. Check in begins at 7 AM and the event begins at 7:30 AM. All participants need their own pole and tackle. Kids must pre- register by June 3rd by calling the Lake Community Center. Channel will be stocked prior to the event and limited parking will be allowed on the levee. Saturday 9 Annual Juneteenth June 20 11:00 am to 4:00 pm Yarborough Park 951 - 674 -7096 or 443 -4551 This is the 100 Anniversary of the NAACP. Come out for games, vendors, food, opportunity drawings. Bring your music instruments, voices, songs and families. Barbecue Chicken Dinners Available for $8.00 per meal. CITY ATTORNEY COMMENTS None. COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Councilmember Hickman congratulated VFW Pastor Fred Rodriquez for the outstanding memorial service. Mayor Pro Tem Melendez congratulated Officer Bommer for helping to reduce drivers under the influence. She stated she attended the Memorial services which was beautiful, and agreed with Ms. Hyland, she does not want to cut back on the police presence either. Councilmember Buckley had no comments. CC July 14, 2009 Item No. 2 Page 49 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of May 26, 2009 Page 16 of 16 Councilmember Bhutta stated she also attended the Memorial services and recommended to those that missed the event to attend next year. She thanked the Council for supporting her item to promote shopping locally with various benefits to the merchants, non - profits, and consumers. She referred anyone with questions to contact either her or Alliance Corporation directly, stating information will be posted on the website. Mayor Magee requested City Manager Brady to provide oversight to the current project on SR -74 and Dexter Avenue stating many people are unhappy with the construction. ADJOURNMENT There being no further business to come before the Council, Councilmember Buckley adjourned the meeting at 8:07 p.m. The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday, June 9, 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, CMC City Clerk City of Lake Elsinore, California CC July 14, 2009 Item No. 2 Page 50of75 Page 1 of 25 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES June 23r 2009 (not official until approved) CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, June 23 2009 to order at 6:45 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tem Melendez, Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. 6:45 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 Mayor Magee. CC July 14, 2009 Item No. 2 Page 51 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 2 of 25 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 (7:05) Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Police Chief Cleary, Fire Chief Hendershot, Information / Communications Manager Dennis. CLOSED SESSION REPORT City Attorney Liebold gave a brief overview of the Closed Session item stating Council met at 6:45 p.m. for discussion and stated there was no reportable action. PRESENTATIONS / CEREMONIALS Proclamation for July is Parks & Recreation Month Mayor Magee requested Parks and Recreation Director Gonzales come to the podium and presented him with a Proclamation in honor of the many services the department completes for the community and their great parks. Mayor Magee stated we recognize the vital contributions of employees and volunteers in parks and recreation facilities. These dedicated supporters keep public parks clean and safe for visitors, organize youth activities, provide educational programming on health, nutrition, first aid, and gardening, advocate for more open space and better trails, and fundraise for local improvements. Director Gonzalez thanked the City Council for their support and vision. He also thanked all of the City's CC July 14, 2009 Item No. 2 Page 52 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 3 of 25 Parks & Recreation department staff and volunteers stating their programs have a team approach and community effort. 5 -K Run Community Donations Mayor Magee requested Ms. Janna Kaas from the Lake Elsinore Unified School District to help present donations to three very worthy non - profit organizations. Mayor Magee informed the audience the 2009 Unity 5 -K and 10 -K run was held on Saturday, April 18 with 598 runners and walkers. This year the Run was organized by the City's Parks and Recreation Department with the help of volunteers from the Lake Elsinore Unified School District, the Elsinore Valley Municipal Water District, and by members of the community. The main objective of the run is to promote a healthy and fit lifestyle amongst all ages. This year, one third of the participants were students from the Lake Elsinore Unified School District. The first runner across the finish line was Robert Aniol, a high school student. Each year, a portion of the race proceeds are given to Lake Elsinore charitable organizations. Jana Kaas introduced the non - profit organizations and Mayor Magee presented the checks: • Unity in the Community Parade received $500. Representing the Unity Parade are organizers Kathye Aniol and Jeanie Corral. • The Lake Elsinore Valley Education Foundation received $250 for the Genie Kelly Scholarship Fund. Ms. Kelley an educator with the LEUSD; former Mayor and Councilmember has participated along with her students and family members in all Unity 5 -K events and is a strong advocate of quality education. Representing the Education Foundation is Chairman Kevin Pape. • Helping Our People in Elsinore (HOPE) will receive $2,000. Representing HOPE is Ron Hewison. HOPE demonstrates at every opportunity that they are an equal opportunity charity as they spend countless volunteer hours year round to help feed the needy in our community while existing on donations of food and minimal financial support. Ms. Kaas invited everyone to participate next year. The date is scheduled for the 3 Saturday in April, April 28, 2009. CC July 14, 2009 Item No. 2 Page 53 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 4 of 25 PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE Jeanie Corral approached City Council and stated most of the business before the Council is heavy and she wanted them to know that as a resident of the Grove area, she stated it is not wonderful to drive on Dexter Avenue and not hit potholes. She thanked the City Council for their foresight and their funding to get this job done and completed in such a timely matter. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES None. CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approved the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency May 12, 2009. (b) City Council / Redevelopment Agency SPECIAL Joint Budget Study Session Meeting Minutes May 21, 2009. (3) Warrant List Dated June 15, 2009 Recommendation: Authorized payment of Warrant List dated June 15, 2009. (4) Investment Report — May 2009 Recommendation: Received and filed. (5) Professional Engineering Services — Dave Solomon Recommendation: Authorized the City Manager to enter into a contract with Dave Solomon to provide on -call project management and engineering services on an as needed basis. (6) Professional Engineering Services — Peter Ramey Construction Management Contract Recommendation: Authorized the City Manager to enter into a contract with Mr. Ramey to provide Construction Management services for the City of Lake Elsinore. CC July 14, 2009 Item No. 2 Page 54 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 5 of 25 (7) Planning Division Professional Service Contracts for 2009 -2010 Fiscal Year Recommendation: Authorized the City Manager to prepare and enter into a contract with Kirt Coury, Carole Donahoe, and Linda Miller to provide specialized planning services on an annual basis. (8) Public Meeting on 2009 Justice Assistance Grant Recommendation: Approved the application for these JAG Grant Program Funds offered by the Federal Bureau of Justice Assistance. (9) Appropriations Limit for Fiscal Year 2009 -2010 Recommendation: Adopted Resolution No. 2009 -032 setting the City's 2009 -2010 appropriations limit at $61,354,225. Passed and adopted the following Resolution: "Resolution No. 2009 -032 — A Resolution of the City Council of the City of Lake Elsinore, California, establishing the appropriations limit for Fiscal Year 2009 -2010 for the City of Lake Elsinore in accordance with the provisions of Division 9 of Title 1 of the California Government Code." (10) Non Professional Services Agreement — KJ Services Environmental Consulting Recommendation: Authorized the City Manager to enter into contract with KJ Services for Environmental Consulting. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Bhutta and unanimously carried to approve the Consent Calendar as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PUBLIC HEARING(S) Notice for all Public Hearing Items listed below has been duly given and Affidavits of Compliance are on file in the City Clerk's office. CC July 14, 2009 Item No. 2 Page55of75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 6 of 25 (11) Tentative Parcel Map No. 36193, Residential Design Review No. 2009 -02, and Request for Density Bonus for "Pottery Court" APPROVED Recommendation: 1. Approved Resolution No. 2009 -033, Resolution of the City Council of Lake Elsinore, California, adopting findings that the Project is consistent with the MSHCP; and 2. Approved Resolution No. 2009 -034, Resolution of the City Council of Lake Elsinore, California, approving Tentative Parcel Map No. 36193; and 3. Approved Resolution No. 2009 -035, Resolution of the City Council of Lake Elsinore, California, approving Residential Design Review No. 2009 -02. Acting Community Development Director Weiner came forward and spoke about Residential Design Review No. 2009 -02. He stated a complete history of the project and comments received and address through the Planning Commission process were part of the information provided to the Council tonight. He stated he was available along with the developer, BRIDGE Housing Corporation for questions. The Mayor opened the Public Hearing at 7:12 a.m. Dick Knapp came forward to speak regarding the Pottery Court project. Mr. Knapp gave an overview of a few property transactions which happened 15 years ago when he was City Treasurer. He stated it cost $9 million to build the Storm Stadium and the land was donated. He further stated in 1989 he found $31 million in principal. He referenced Mr. Pete Weber, the next treasurer who found $8 million in principal. He referred to $100 million dollars with interest, and the price of purchases taken place over the last two years. Mr. Knapp stated the cost for the units were too high, 113 units were to be built with only one slab and one roof, yet 3 stories, for a cost of $239 thousand when the cost should be approximately $80,000. Mr. Knapp stated he had 40 years of real estate experience and knows when things do not add up. He directly asked the City Council to consider the following question; if you pass this project tonight, how many millions of dollars is the Council expecting in kickbacks, stating they would have to answer to the taxpayers of Lake Elsinore. Betsy Wilson Project Manager from the BRIDGE Housing Corporation came forward to speak but first addressed Mr. Knapp's concerns. She stated there was going to be State, Federal and local funds managed by a non - profit, which is CC July 14, 2009 Item No. 2 Page56of75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 7 of 25 being audited by a 3 party. All accounts are real and accountable with receipts. She noted the City is spending $4 million of a $27 million dollar project. She stated all of the costs are verified at the State and Federal level and audited. She informed everyone even the auditor is heavily regulated and there are no kickbacks or payments or fees given under the table. Ms. Wilson then presented a PowerPoint presentation to the Council stating BRIDGE Housing Corporation has been in existence 25 years, has an excellent reputation, and has built 13 thousand homes in California. She noted BRIDGE will manage the day -to -day operations of the project. She stated any remaining construction savings will go back to your costs at the end of the day. Ms. Wilson commented building this low income housing project would benefit everyone. Previous studies show low income wage earners employed in the region care about their community and generally 7 percent give back to their communities as volunteers. BRIDGE does not charge rent that exceeds 40 percent of the renter's eligible income. She stated this allows them to create stability and the ability to purchase goods within the community, which benefits the renter and the community. There will be occupancy limits, your name must be on the lease to live there and maintenance staff will always be present on the property grounds. In addition, there is a good neighbor clause in the lease and stated the project is available to legal residents only. The Mayor then asked if anyone would like to come forward to speak in opposition to the project? None. The Mayor then asked if anyone would like to come forward to speak in favor of the project? None. The Mayor then asked if anyone would like to come forward to speak about the project at all? None. Mayor Magee then closed the Public Hearing at 7:25 p.m. and brought the discussion to the dias. Councilmember Buckley requested to see the employee slide; to emphasis the type of workers who would quality for these units. He stated he is asking to see if a footbridge could be built across the Pottery Bridge so people could cross. Councilmember Buckley stated he is very pleased with the project. CC July 14, 2009 Item No. 2 Page 57 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 8 of 25 Councilmember Hickman stated he appreciated the project noting the City was only contributing $4 million even though the project cost was $27+ million. He stated the City of Lake Elsinore was getting a great return on their money noting there are a lot of people, such as the elderly, City and Water District employees and teachers who will benefit from these units. Councilmember Bhutta commented that BRIDGE has an excellent reputation and has done an excellent job and stated she thinks this is a good quality project. She noted she has seen a similar project on Coronado Island which looks similar to this project. Councilmember Buckley then commented that Mr. Knapp is out of touch; his concerns were offensive and inaccurate. Councilmember Buckley commented in 2008 when the market was at the top, the price had been negotiated down. This did not happen in 2009 when the market had dropped. Mayor Pro Tem Melendez stated that she had 2 questions about the project design. One involved parking, she wanted to know about the visitor parking and how they had come up with 2.52 parking spaces. BRIDGE Manager Wilson commented she had taken the total number of parking spaces and divided them by the number of units, leaving 2 spaces assigned for each unit and the balance for visitor parking. Mayor Pro Tem Melendez stated she wanted to ensure they met the City codes. Mayor Pro Tem Melendez' next question involved the recreation area playground. She stated that as a mother of 5 the area looked small and not large enough, asking if the play spaces could be made larger. She questioned if a play area could be at each end of the project. Bridge Project Manager Wilson commented there were several play areas; the area Mayor Pro Tem Melendez was focusing on is only for Tots. She stated there were other grassy areas to play ball and run around, however, they will look at making the play are more expansive. Councilman Hickman commented that the location is great; you would able to walk on the Riverwalk once that is developed. He again complimented the project. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Bhutta and unanimously carried to approve Resolution No. 2009 -033 adopting findings that the Project is Consistent with the MSHCP. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. CC July 14, 2009 Item No. 2 Page 58 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 9 of 25 MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Buckley and unanimously carried to approve Resolution No. 2009 -034 approving Tentative Parcel Map No. 36193. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Buckley and unanimously carried to approve Resolution No. 2009 -035 approving Residential Design Review No. 2009 -02. Passed and adopted the following Resolutions: "Resolution No. 2009 -033 - A Resolution of the City Council of the City of Lake Elsinore, California, adopting findings that the project is consistent with the MSHCP." "Resolution No. 2009 -034 - A Resolution of the City Council of the City of Lake Elsinore, California, approving Tentative Parcel Map No. 36193." "Resolution No. 2009 -035 - A Resolution of the City Council of the City of Lake Elsinore, California, approving Residential Design Review No. 2009 -02 for Pottery Court." (12) Capital Improvement Program for Fiscal Year 2009 -2010 through 2013 -2014 APPROVED Recommendation: Adopt Resolution No. 2009 -036 adopting the proposed 5 -Year Capital Improvement Program for Fiscal Years 2009 -2010 through 2013 -2014 City Manager Brady noted the Capital Improvement Projects (CIP) is part of the Budget process and introduced Public Works Director / City Engineer Seumalo to answer any questions the Council may have and to go over the changes for this year. Director Seumalo gave an overview of the CIP noting this year the format of the report was different and thanked his staff and the finance departments. He noted May 26 the Planning Commission presented a formal finding the CIP conforms CC July 14, 2009 Item No. 2 Page 59 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 10 of 25 to the General Plan. He stated funding sources include development fees from TIMF, TIF, Area Drainage; grants including CDBG, Measure A and Gas Tax; and assessment districts for specific project area. Mayor Magee opened the Public Hearing at 7:32. There was no written request to speak or anyone in attendance, either for or against the report, so Mayor Magee closed the Public Hearing at 7:35 p.m. City Engineer Seumalo spoke about the new report format. He stated that for 2009 and 2010 the pages had been streamlined for efficiency; however there were still some bugs in the program. He recommended everyone reference the Index for clarity when needed. Director Seumalo stated $13.5 million were going to CIP projects. Each Councilmember had multiple questions regarding specific areas of improvements and what they would like to see. Mayor Pro Tem Melendez commented there were projects listed although they were completed. Director Seumalo stated some projects were completed yet they had excess funds, this is why they were listed in this new format. He referred her to the Section Index where this information was documented listing projects that had been closed. A question then arose regarding the surplus funds from projects that were already completed. Councilmember Bhutta asked Director Seumalo to please prepare a listing of the street improvements noting Street names and timelines for work to be completed this Fiscal Year so the Council could prioritize and place the information on the website. Councilmember Hickman questioned when a traffic signal would be placed at La Strada and Summerhill Road. The builder was responsible but was going to have to wait until further development. Councilman Hickman informed Director Seumalo the school was going to be doing construction over the summer and was willing to prepay for the traffic light so it could be installed immediately. The safety of the children was in jeopardy. Mayor Magee had questions on multiple pages, such as Page 7, 11, 16, 19, 27, 35, 39, 41, 42, 59, and 89. The questions were asked by the Mayor for each item and Director Seumalo supplied the answers. CC July 14, 2009 Item No. 2 Page 60of75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 11 of 25 MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Bhutta to adopt Resolution No. 036 adopting the proposed 5 -Year Capital Improvement Program for Fiscal Years 2009 -2010 through 2013 -2014. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Passed and adopted the following Resolution: "Resolution No. 2009 -036 - A Resolution of the City Council of the City of Lake Elsinore, California, adopting the Capital Improvement Program for Fiscal Years 2009 -2010 through 2013 - 2014." APPEAL(S) None. BUSINESS ITEM(S) (13) Appointment of Commissioners to the Public Safety Advisory Commission (PSAC) APPOINTED COMMISSIONERS Recommendation: Considered subcommittee recommendations for appointment to the Public Safety Advisory Commission for new term commencing July 1, 2009 and ending on June 30, 2013. Mayor Pro Tem Melendez and Councilman Hickman were responsible for the appointments. There were 5 applicants, Mayor Pro Tem Melendez commented they all did an outstanding job and it was very difficult to make a decision. She stated it was nice to see so many people concerned about their community. Councilman Hickman thanked everyone for coming in and making time for the interviews. CC July 14, 2009 Item No. 2 Page 61 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 12 of 25 Applicants Renee Cummings, Marney Fairchild and Mike Norkin were appointed. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Hickman to appoint applicants Renee Cummings, Marney Fairchild and Mike Norkin to the Public Safety Advisory Commission (PSAC). AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Renee Cummings thanked Mayor Pro Tem Melendez and Councilmember Hickman for their time. Ms. Cummings stated she is new to Lake Elsinore but takes the safety of her City very seriously; not just for her family, but for everyone's family and individuals in Lake Elsinore. Mayor Pro Tem stated Marney Fairchild was not present and Mr. Norkin was out of town. She informed everyone who interviewed they did a great job and wanted them to know it was a difficult decision. She encouraged them to not stop offering to do something for their City. (14) An Urgency Ordinance Authorizing an Amendment to CALPERS Contract to Grant two years of Additional Service Credit for those that are Qualified APPROVED Recommendation: 1. Adopted an Urgency Ordinance declaring authorization to amend the Contract between the Board of Administration of the California Public Employee's Retirement System (CALPERS) and the City of Lake Elsinore regarding the change in benefits of the proposed Contract; and 2. Authorized the Mayor to execute the Amendment to the Contract authorizing two years additional service credit for all Miscellaneous Employees who retire between June 26, 2009 and September 25, 2009. 3. Directed the City Clerk, upon adoption of the Urgency Ordinance, approval of CALPERS Contract Amendment, to forward to CALPERS a certified copy of the Urgency Ordinance, and an original Amendment. Acting Administrative Services Director Riley explained the above Ordinance to the City Council. He clarified the City is experiencing a financial challenge, CC July 14, 2009 Item No. 2 Page 62 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 13 of 25 CALPERS is allowing Cities to pass an Urgency Ordinance, which allows the City to add 2 years of service- credit to employees who are 50 years of age or over and have a minimum of 5 years of service. This opportunity is known as the "Golden Handshake." Mayor Pro Tem Melendez asked Acting Administrative Services Director Riley if he was anticipating the employer contribution in CALPERS to increase 15 to 30 percent, and if so, did he know how many years the payment would be spread over. Mr. Riley responded stating the Legislation approved by CALPERS spreads out the increase in 2012. He stated the employer's contribution is 16.845% Mayor Pro Tem Melendez questioned Mr. Riley if the cost could possibly rise to $1 million, to which he replied anything was possible. Councilman Hickman verified the employer pays 16 percent, to which Mr. Riley concurred. Councilmember Hickman questioned if Mr. Riley sees this continuing. Mr. Riley responded the employee's portion is 8 percent according to the Memorandums of Understanding (MOU's). He stated the City is currently required to pay the employee portion along with the City portion. Mr. Riley commented perhaps in the future there would be a 2 -Tier Retirement Plan where the employee paid their portion but for now, no, the City is obligated to pay. Councilmember Hickman questioned if how many employees were interested in the Golden Handshake. Mr. Riley responded there was a very strong indication from at least 2 employees that they would accept the 2 years of service. He also commented that there had been many inquiries from other employees, but to date 2 seemed to be extremely interested. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta to adopt the Urgency Ordinance No. 1265. A Roll-Call vote was taken by the City Clerk. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Introduced and approved the following Urgency Ordinance: CC July 14, 2009 Item No. 2 Page 63 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 14 of 25 "Ordinance No. 1265 — An Urgency Ordinance of the City Council of the City of Lake Elsinore, California, approving an Amendment to the contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Lake Elsinore to provide Section 20903 (Two Years Additional Service Credit) for Local Miscellaneous Members who volunteer for early retirement to mitigate the number of additional involuntary layoffs that maybe be needed in the City." MOTION was made by Councilmember Hickman, second by Councilmember Bhutta to authorize the Mayor to execute the Amendment to the Contract authorizing two years additional service credit for all Miscellaneous Employees who retire between June 26, 2009 and September 25, 2009. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta to direct the City Clerk, upon adoption of the Urgency Ordinance, approval of CALPERS Contract Amendment, to forward to CALPERS a certified copy of the Urgency Ordinance, and an original Amendment. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. (15) The City of Lake Elsinore and the Landscaping and Lighting Maintenance Districts Operating Budgets for Fiscal Year 2009 -2010 APPROVED Recommendation: Adopted a Resolution adopting the City of Lake Elsinore's Operating Budget and the Landscaping and Lighting Maintenance Districts Operating Budgets of the City of Lake Elsinore, California, for Fiscal Year 2009 -2010. Acting Administrative Services Director Riley presented the proposed balanced 2009 — 2010 operating budget. He noted before the budget was finalized for tonight, there had been budget sessions held to appropriately determine how to balance a $3 million deficit. One of these meetings was held on May 21, 2009. Various options are being presented to the Council for determination after meeting with employees, employee Labor representatives, management, and CC July 14, 2009 Item No. 2 Page64of75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 15 of 25 finance. Four options for the City are proposed, and in addition the Police Department has come up with various options. He noted all of the City Staff alternatives included the following assumptions: 1. Reduce Police Services an additional $500,000. 2. Estimate three employees taking advantage of CALPERS Early Retirement Program { "Golden Handshake " }. 3. Use one -time funds available of $250,000. These funds have bb een identified in other funding sources; and 4. Ask personnel to forgo the Cost of Living Adjustments (COLA) of 3 percent and to freeze merit increases for Fiscal Year 2009 -2010. Additional assumptions were used for each alternative: 1. Alternative No. 1 Ten percent Salary Cut 2. Alternative No. 2 Two furlough days a month (24 days) 3. Alternative No. 3 One furlough day a month (12 days) and employee contributions of 7 percent to CALPERS retirement. Director Riley noted the City of Lake Elsinore contracts with Riverside County Sheriffs Department, has come up with 6 scenarios. He noted the Council determined at the May 21 Budget meeting the alternative of the Police Department they preferred was Option No. 6: Scenario No. 6 a. Eliminate a second Motorcycle Officer (2 in total) b. Eliminate the Southwest Corridor Narcotic Task Force Officer. c. Reduce patrol service one (1) additional hour, from 141.85 to 140.85 hours per day. Mr. Riley commented that they were able to take $1.1 million from the "City's Rainy Day Fund" to bring the budget to balance. He further stated the State was anticipating voting on a budget and attempting to take funds from Cities that amounted to $685k. He thought that had been voted down, but stated the State were now looking at taking the gas money permanently, however this also was voted down by Sacramento. The State is now considering taking money from Redevelopment Agencies. Mr. Riley stated the Water and Lighting District's budgets are balanced and staff is continually looking at ways to reduce and balance future costs. Councilmember Buckley asked what the annual cost was for one motorcycle police, the answer is approximately $225 thousand. Councilmember Buckley then inquired about the money savings from forgoing the Cost of Living Adjustments (COLA). Mr. Riley responded it is approximately 3 percent, which is CC July 14, 2009 Item No. 2 Page 65 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 16 of 25 approximately $200,000 including benefits. Councilmember Buckley questioned the money associated with the upcoming Animal Shelter, asking about the Development Impact Fund (DIF) (Item 4 on Page 3) $408,024.53 stating perhaps this money could be designated to roll over to the fiscal year stating a great portion was for capital use which should be legal to use this way. Councilmember Buckley then asked how much funding was in the budget for July 4th Fireworks and the cost. Mr. Riley responded this was not funded in this new budget. Councilmember Buckley said that he had spoken to Storm management and asked them if the City could use their firework contractor for Lake Elsinore to do a firework show over the lake. They concurred for a cost of $15 thousand. Councilmember Buckley stated he would like to see this added to the budget since it is something everyone looks forward to and benefits all residents. Councilmember stated he is willing to fund the fireworks show, willing to pull $240 thousand out of the reserves for the fireworks and to fund one motorcycle patrol officer since the budget would be gaining $408,024.53 from the animal shelter. He would also be willing to fund COLA's for the employees. Councilmember Hickman expressed concern regarding the State returning to take additional funds. Mr. Riley stated he was worried about the State taking the gas tax. Councilmember Hickman questioned if the State kept taking funds from the City if Lake Elsinore would be forced to lay -off at that point? Mr. Riley responded that he would seek the advice of Council and look for other alternatives. Councilmember Hickman informed Mr. Riley he definitely wanted him to come back in September and update Council of the budget status. It was determined any further cuts or reductions would be discussed at that time. Councilmember Hickman asked if the Storm Stadium would be having a 4 of July fireworks show. Councilmember Buckley responded the Storm was having their firework show; however because of the location not all of the residents could see their display. Councilmember Hickman noted City employees giving up 2 days pay (furlough). He then commented that he wasn't willing to pull any more money out of the Reserve Funds and verified the balance. Councilmember Bhutta expressed concern the City's budget is dismal and staff have been working as a team very hard to determine alternatives. She stated everyone wants to keep the Motorcycle Patrol Officer but the funding just wasn't there noting all City staff are giving up 2 days a month (24 days a year) which is ten percent of pay. She went on to say public safety is a priority and they are hoping grant money will come along. CC July 14, 2009 Item No. 2 Page66of75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 17 of 25 Mayor Pro Tem Melendez stated that the Cities estimated decline in property tax was 5% however, she read in the newspaper today (6/23/09) that it was 8 -10% and wanted to know if Mr. Riley had heard any more about the amount. Mr. Riley stated the Cities projection was 5 percent and they would have a better idea in a few months. Mayor Pro Tem Melendez requested Mr. Riley to call Sacramento to find out why their amount is different. Mayor Pro Tem Melendez stated she heard the budget in Sacramento would go to a vote, but not probably for a few days. She then stated that she was not comfortable with the police department budget reductions and asked Police Chief Cleary to speak about the reduction. Chief Cleary responded stating that he didn't know if he could make her feel better, yes there is a direct reduction is the motor patrol enforcement arms. This will directly affect traffic in and about the local schools; officers in units (cars) are not as effective as the motor patrol. He stated that the City will still have motor patrols, but they will be down one motor. He then commented about the narcotics officer. He said he felt it was better to take a reduction there. He said that it could /would affect the number of people who sell drugs out of their homes or prostitution which in the big picture is not as much of a priority as life services and protection. He also stated that in determining what to cut he had to deal with trying to anticipate the behavior of the community. He said even at the end of the day, he felt the City was still in good shape. In the big picture the City Police Department is still able to deal with the quality of life issues, he said there just will not be as many police. He then stated that he hoped that everyone listening tonight would understand what he was saying. He stated that residents needed to pick up the telephone and call them if there were problems and tell them what was going on in their neighborhoods so they could respond to it. Mayor Pro Tem Melendez then asked if Chief Cleary had heard of the Federal Grant Program, "Cop Universal Hiring Program" which funds entry level police. Police Chief Cleary responded they had previously looked into it, but there were too many strings attached. A representative from the Ferguson Group stated they were aware of the program; it was closed for this year, and wouldn't reopen until October 2010. Mayor Magee stated the budget has declined by 16 percent, cuts had to come from somewhere and he thanked all of the employees who recognized the dilemma and stepped up to forgo cost of living increases. He thanked the CC July 14, 2009 Item No. 2 Page 67 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 18 of 25 Contract employees who had 2 or more years left on their contract but yet they stepped up and renegotiated their contract to take the cuts and furlough days. He continued to say he hoped the economy was turning the corner and turning around for the better. Mayor Pro Tem Melendez then said there were too many future increases, there was the animal shelter, CALPERS, property taxes were lower and this budget deficit has made the City shaky. Mayor Magee confirmed there were no further comments, and requested the Motion and vote exclude the line item for the Trauma Intervention Program (TIP); he did not want to be involved in a conflict of interest, therefore, he would step away while a separate vote be taken for TIP. This was concurred by all. MOTION was made by Councilmember Bhutta, second by Councilmember Hickman to adopt Resolution No. 2009 -037 adopting the City of Lake Elsinore's Operating Budget and the Landscaping and Lighting Maintenance Districts Operating Budgets of the City of Lake Elsinore, California, for Fiscal Year 2009 -2010 excluding the line item for the Trauma Intervention Program's funding. AYES: Bhutta, Buckley, Hickman, Magee. NOES: Melendez. Mayor Magee asked Mayor Pro Tem Melendez to run the meeting then stepped out of the room avoiding a Conflict of Interest. The Council briefly discussed TIP and voted to maintain the TIP budget as is. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta adopting the City of Lake Elsinore's Operating Budget and the Landscaping and Lighting Maintenance Districts Operating Budgets of the City of Lake Elsinore, California, for Fiscal Year 2009 -2010 including to maintain the line item as recommended for the Trauma Intervention Program's funding. AYES: Bhutta, Buckley, Hickman. NOES: Melendez. Passed and adopted the following Resolution: "Resolution No. 2009 -037 - A Resolution of the City Council of the City of Lake Elsinore, California, adopting the City's Operating Budget and CC July 14, 2009 Item No. 2 Page 68 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 19 of 25 Landscaping and Lighting Maintenance Districts Operating Budgets of the City of Lake Elsinore, California, for the Fiscal Year 2009 - 2010." (16) Professional Services Agreement with the Ferguson Group for Washington, D.C. Lobbying Services APPROVED ALTERNATIVE NO. 2 Recommendation: Consideration of Alternatives: • Alternative 1. Authorize the City Manager to enter into a Professional Services Agreement with the Ferguson Group from July 1, 2009 through December 31, 2009 at the proposed tier one rate to support the City's pending Fiscal Year 2010 Federal Agenda; reconsider agreement service levels and rates at mid -year (effective January 1 — June 30, 2010); • Alternative 2. Suspended Washington, D.C. lobbying services in Fiscal Year 2009 -2010, but continue to monitor pending federal appropriations requests; evaluate Federal Fiscal Year 2011 Washington, D.C. lobbying Strategies, alternatives and opportunities to consider at mid -year or next Fiscal Year. City Manager Brady stated the City of Lake Elsinore had an Agreement with the Ferguson Group for several years regarding the Federal agenda. The budget included six months of funding ($12 thousand) which would cover the period July 1, 2009 through December 31, 2009. Tonight the Council needs to review the Alternatives concerning the future of their Professional Services Agreement with the Ferguson Group. Ms. Christy Moore was present to answer any questions the Council may have before determining. Christy Moore gave a brief overview of the political climate and informed the Council of the status of their previous requests. She stated that we are in the middle of the Fiscal Year 2010 appropriations cycle and Congress was in the midst of considering each individual bill. Unfortunately, the City submitted 4 requests to Congressman Issa and Senators Feinstein and Boxer. None of these were prioritized and Congressman Issa sustained from the appropriations process completely, which was not anticipated. He had sustained from the process because of the uncertainty of the new government. This came as a huge disappointment, in the past Congressman Issa was responsible for $340 thousand in revenue earmarks to his constituents. Congressman Issa additionally sustained from the Transportation Authority which was part of the City's agenda. CC July 14, 2009 Item No. 2 Page69of75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 20 of 25 Christy Moore further stated Lake Elsinore had 2 other projects and priorities the Council voted on. One was the Transportation Authorization Bill and the Inlet Channelization Project. The Transportation Authorization Bill had prioritized the Railroad Canyon Interchange. She stated the Senators had not yet taken any action, when they did, there would be an opportunity for the Ferguson Group to prioritize the item, and therefore action from the Senate was still possible within the next several months. The Inlet Channelization Project involves the Corp of Engineers to come look at and possibly fix the Channel. She noted authorization was first required before anyone could look at the project. She stated the process is still in the initial stage and the Ferguson Group does not know what Congressman Issa's position will be or any funding mechanism which would be necessary. Councilmember Buckley stated he felt scaling back on any Washington DC efforts now would be a mistake. He referenced an example of many buckets of money being thrown out of Washington DC and now was not the time to leave. He further stated he had gotten the impression from Senator Feinstein's staff they understood the Railroad Canyon Interchange and how important it was for the regional area. He stated California was going to receive most of the High Speed Rail funds regardless if it went to Anaheim or served the entire state. Councilmember Buckley stated he had been approached by several other Districts regarding partnering projects and was interested in considering those options. Councilmember Buckley noted he was in favor of Alternative 1 to get through 2009. Councilmember Bhutta questioned Ms. Moore if she had any idea or anticipation when the Senate may call for projects. Ms. Moore responded she did not; Senator Boxer was the Chairman of the committee and last year she started the process early to determine what projects California had. Ms. Moore further commented the House of Representatives call for projects is late as well noting last year they were late leaving a 4 week turn - around to meet the deadlines. Councilmember Bhutta questioned Ms. Moore if they were prepared to work that way again. Ms. Moore responded yes, last year was a good experience and they already have much of the information prepared. Councilmember Hickman questioned Ms. Moore if the City of Lake Elsinore had already received the $340 thousand check from the earmarked money for the Emergency Operation Center (EOC) and 1 -15 Interchange or if the funds were still pending in a Bill. Ms. Moore responded stating the funding should arrive within the next 4 to 6 months. She stated Bills pass late and noted the $237 thousand for the Railroad Canyon Interchange may arrive in future fiscal years depending upon Caltrans and future project development. Ms. Moore commented Congressman lssa was not the only Congressman who had sustained from the appropriations process. Councilmember Hickman CC July 14, 2009 Item No. 2 Page 70of75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 21 of 25 commented he was in favor of choosing Alternative 1 and revisit in December 2009 and future decisions. He stated the Ferguson Group is similar to a program in which you don't always see the results immediately. Mayor Pro Tem Melendez stated that the City needed $250 thousand for the EOC yet they have been promised $100 thousand. Regarding the 1 -15 Interchange and the Railroad Canyon Interchange, the City needs $3 million and has received $237,500 thousand. She noted the Ferguson Group was hired to obtain earmarks which do not always change the bottom line, how the pie is cut and which size of a slice you receive. Mayor Pro Tem Melendez noted a City or County should not be compelled to pay a lobbyist to do the job when their own Congressmen who was voted to do a job failed to represent his constituents. She stated she didn't know how successful the Ferguson Group could be without the support of Congressman Issa comparing the situation to a luxury car the City could not afford. Councilmember Buckley requested information from City Manager Brady regarding the EOC Federal funds. City Manager Brady responded an update could be provided. Ms. Moore clarified how the money was requested, stating the City requested money to use for technology and when the next request was submitted there would be an overlap, therefore the funds were reduced with $150 thousand pending in Fiscal Year 2010 and $100 thousand could be used for technology at any point. Councilmember Buckley stated the Transportation Authorization Request is not an earmark, He further stated the Cops Program is not an earmark and to pigeonhole any funds received as earmarks is not correct. Mayor Magee then spoke; stating when he looks at an organization he looks at everything and commented the money the City had spent on the Ferguson Group has been a good investment. He continued stating after they invested in the Ferguson Group; the City's own Congressman stated he wasn't going to be there to help fund projects. Mayor Magee stated the Congressman had let the City down. He stated the Transportation Committee will not vote for 18 months and without Congressman Issa's participation the City had no chance to receive funds. Mayor Magee then stated with due respect, he cannot support the Ferguson Group. MOTION was made by Councilmember Buckley to approve Alternative 1, due to a lack of a second, the motion failed. CC July 14, 2009 Item No. 2 Page 71 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 22 of 25 MOTION was made a by Mayor Pro Tem Melendez, second by Councilmember Bhutta to approve Alternative 2 to suspend Washington, D.C. lobbying services in Fiscal Year 2009 -2010, but continue to monitor pending Federal appropriations requests; evaluate Federal Fiscal Year 2011 Washington, D.C. lobbying Strategies, alternatives and opportunities to consider at mid -year or next Fiscal Year. AYES: Bhutta, Hickman, Magee, Melendez. NOES: Buckley. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Donald Ketch spoke stating he received a 24 hour notice to vacate his premises due to his lack of gas utilities. He stated the notice was signed by Mr. Robin Chipman and felt he had a right to be in his home, even if he couldn't afford the gas. Mayor Magee referred him to Acting Community Development Director Weiner and stated if it was due to Health or Safety the Code Enforcement department had the right to evict people from their residence. Mayor Magee stated if Mr. Ketch was still unhappy after meeting with staff to let the Mayor know the status. Wayne Williams requested to speak with respect to amending Lake Elsinore's medical marijuana dispensary ban. He started a PowerPoint presentation with the front page showing a Marijuana leaf to which Mayor Magee immediately responded requested staff to turn the presentation off. The Mayor stated he was not prepared to show a presentation regarding Marijuana to the valley. The Mayor informed Mr. Williams he was welcome to speak his comments. Mr. Williams continued stating Proposition 215 was a voter initiative passed in 1996 establishing medical cannabis should be decriminalized. He further stated in 2004 AB 420 recognized a qualified right to collective and cooperative cultivation of medical marijuana. He stated he had a petition and literature and would make a copy to give to the City Clerk for the Council. Mr. Terry Hensley brought a speaker to read a letter to the Council since he was deaf and mute. The letter stated he needed medical Marijuana due to his injuries sustained in a car accident. He currently was using delivery services, but there were many times when this was not an appropriate thing to do and they were not trustworthy. He requested a legal dispensary. CC July 14, 2009 Item No. 2 Page 72 of 75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 23 of 25 Michelle Milbrath stated she had been injured since 2004 and medical marijuana helped her deal with her pain. She said it was difficult for her to find collectives or dispensaries and requested a local facility. Mark Chavez stated he is in need of medical marijuana, due to a rare spinal cord injury; there are Tess than 20 people in the country with his disease. Medical science believes he should not even be walking. He recently was mugged after picking up his monthly allotment of prescriptions from the pharmacy and stated the complete robbery was witnessed. Because it was a robbery, his insurance refused to cover replacement medications which totaled $6,000. He was forced to turn to medical Marijuana to handle the pain because he couldn't afford to replace the medication on his own, but feels if marijuana is medically needed; a local dispensary should be considered. Mary Myers used to take a prescription of 240 Vicodin for pain which she no longer needs after switching to taking medical marijuana. She feels much better and walked a petition requesting signatures on her street. CITY MANAGER COMMENTS Wednesday Movies in the Park - "Kung Fu Panda" June 24 7:30pm - 10:OOpm Summerlake Parks 900 W. Broadway 951 245 -0442 Movies in the Parks will be hosted every other Wednesday at Summerlake Park. The event is free, so come join in the fun; grab a blanket and join us for a movie under the stars. Thursday All Chamber Mixer June 25 5:30 pm - 9:30 pm The Diamond Club (951) 245 -4487 Dave McCrory Admission Price: $10.00 Reservations Required Join the Lake Elsinore Valley Chamber of Commerce at their Annual All Chamber Mixer hosted by the Lake Elsinore Hotel & Casino. Your entry includes; refreshments, appetizers, free Black Jack & Texas Hold -em tournaments and a ticket to the Storm Baseball Game. CC July 14, 2009 Item No. 2 Page73of75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 24 of 25 Sat / Sun Lucas Oil Off Road Series June 27/28 9:00 am Lake Elsinore Motorsports Complex 31919 Cereal Street Lucas Oil Off Road Series will be held at the Lake Elsinore Motorsports Complex. This event should prove to be a fun and exciting day for the whole family. Saturday Patriotic Boat Parade July 4 8:00 pm Seaport Boat Launch 951 674 -7730 Lake & Aquatic Resources $5 parade entry Reservations Required The City will be sponsoring a PATRIOTIC BOAT PARADE OF LIGHTS on the Fourth of July. The Boat Parade will begin at sunset, off the waters of the Seaport Boat Launch. All participants will receive a commemorative ribbon for participation and trophies for win, place and show will be awarded for the best decorated boats. Participants in the boat parade will need to be pre- registered. Entry forms are available on the City's website or City Hall. The Boat Parade is limited to 30 participants. The entry form must be received at the City no later than Wednesday, July 1, 2009. Saturday Awesome 80's Show July 11 7 pm Diamond Stadium 951 - 245 -4487 Admission Price: $25 - $100 This show will feature Berlin, A Flock of Seagulls, Gene Loves Jezebel and Dramarama. Special Diamond Stadium guest host is Richard Blade from KROQ & Sirius Radio. City Manager Brady also noted multiple listings of times and Channels the Ronnie Kovack show would air the Lake Elsinore program. CITY ATTORNEY COMMENTS None. COMMITTEE REPORTS None. CC July 14, 2009 Item No. 2 Page 74of75 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 25 of 25 CITY COUNCIL COMMENTS Councilmember Hickman remarked on the Flag display on Main Street and thanked the Storm for bringing in additional entertainment, which he feels will be successful. . Councilmember Buckley responded to questions which were previously asked, and spoke regarding the comparison of alcohol and tobacco to marijuana which many people interpret as a sin, the better comparison would be aspirin or Sudafed. Councilmember Buckley requested an update regarding the status of the Marijuana changes. He referred to a recent newspaper article regarding the illegal signature collecting regarding the Recall campaign. He noted if anyone has any questions, information to pass on he has set up a website, I Don't Recall at ca.rr.com. City Attorney Leibold stated the Federal government has recently asked states not to prosecute. There is still a disconnect between Federal and state law and she will put together an update regarding the status. Currently, a case is pending in Anaheim, which is being watched closely. Ms. Leibold stated this case should be determined by the end of the year. Councilmember Bhutta reminded everyone to shop locally and thanked the Council for passing the Smart Card. She requested everyone to have a safe and happy 4 of July. Mayor Magee thanked everyone for their attendance and decorum and adjourned the meeting. ADJOURNMENT There being no further business to come before the Council, Mayor Magee adjourned the meeting at 9:31 p.m. The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday, July 14, 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, CMC City Clerk, City of Lake Elsinore, California CC July 14, 2009 Item No. 2 Page75of75