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HomeMy WebLinkAbout2009-04-14 CC Meeting Agenda Item No. 2 CITY OF A. LAI(E uLSINORE DREAM EXTREME `. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 14, 2009 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council Minutes are submitted for approval: a) Joint City Council / Redevelopment Agency Meeting - March 24, 2009 b) Regular Meeting of the City Council - March 24, 2009 Recommendation Approve the Minutes as submitted. ji Prepared by: Debora Thomsen City Clerk Approved by: Robert A. Brady City Manager 1,4 Agenda Item No. 2 Page 1 of 28 CITY OF LAKE ELSINORE JOINT CITY COUNCIL/ REDEVELOPMENT AGENCY MINUTES March 24 2009 (not official until approved) CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore Joint City Council / Redevelopment Agency Study Session to order at 4:00 on Tuesday, March 24 2009 to order at 4:00 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, Agency Counsel Leibold, and City Clerk Thomsen. Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Police Chief Cleary, Fire Chief Hendershot, and Information / Communications Manager Dennis. CITY COUNCIL CLOSED SESSION 1(a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GOV'T CODE § 54957): CITY ATTORNEY 1(b) 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 Agenda Item No. 2 Page 2 of 28 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 2 of 11 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 No comments or discussion were addressed. PRESENTATIONS / CEREMONIALS Mayor Magee requested confirmation on who was receiving the presentations. Response was given the first two items were Blue Star items and their plaque, flags and information would not arrive until 6:45. Certificate of Appreciation to honor Corporal Ryan Stroad, United States Marine Corps (USMC) who is stationed overseas. Received by his wife Desiree Stroad and other family members. Certificate of Appreciation to honor Sergeant Marina Diaz (USMC) and Specialist Leonard Acosta, United States National Guard. Received by their Aunt Jacqueline Acosta and other family members. Council recognition of Summerly Golf Course attendance. Not known. Council recognition of Storm Management for Energy and Water Audits. Council recognition of Storm Baseball Team for 2009 opening season. Not known. Proclamation to recognize Arbor Day, April 4, 2009. City Staff, Ray Gonzales. Proclamation to recognize April 2009 as Child Abuse Prevention Month. Wendy Bankston, Riverside County. Agenda Item No. 2 Page 3 of 28 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 3of11 CONSENT CALENDAR (2) Approval of City Council Minutes - Recommendation: Approve the following minute(s): (a) Special Joint City Council /Redevelopment Agency — February 4, 2009 (b) Joint City Council /Redevelopment Agency Meeting — March 10, 2009 (c) Regular Meeting of the City Council— February 24, 2009 and March 10, 2009 Mayor Pro Tem Melendez noted Item 2(c) had several pages of the Minutes (Pages 21, 22, and 23) out of sequence and requested correction. Both Counsel Leibold and City Clerk Thomsen noted this. (3) Warrant List Dated March 12, 2009 - NO COMMENTS / QUESTIONS Recommendation: Authorize payment of Warrant List dated March 12, 2009. (4) Investment Report - February 2009 - NO COMMENTS / QUESTIONS Recommendation: Receive and file. (5) Dexter Avenue Improvements Construction Contract Award Recommendation: (a) Award Dexter Avenue Improvement project to Hillcrest Contracting Inc. for $431,825.00 (b) Authorize the Mayor to execute the contract with Hillcrest Contracting Inc. (c) Authorize staff to obligate the funds to the Dexter Avenue Improvement Project. Discussion was held with Council and Public Works Director / City Engineer Ken Seumalo and the relationship of the County of Riverside and this project. Mr. Seumalo stated he is planning on attending the County Board of Supervisor's meeting to ensure each entity is aware of what each other is doing and to request for funding. Mayor Magee stated there may be funding available from the Riverside County Transportation Commission (RCTC) as well. Mr. Seumalo states he will also request funds from the Transportation Advisory Committee (TAC) as well as Measure A. In addition, it was determined the Consultant is known for their quality of work in addition to being the low bidder. Agenda Item No. 2 Page 4 of 28 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 4 of 11 (6) Award Contract for Roof Proiect Recommendation: Award the roof contract to Dan's Roofing and authorize the City Manager to execute the Construction Agreement. Councilmember Bhutta questions the legality of responsibility regarding an injury, Mayor Magee responds. (7) Resolution of support for an exemption to the Consumer Product Safety Improvement Act (CPSIA) for the Off - Highway Vehicle Industry Recommendation: City Council adopt Resolution No. supporting exemptions by the Consumer Product Safety Commission to the CPSIA as it applies to lead in inaccessible components of off - highway vehicles. Mayor Magee stated he requested this item be placed on the Agenda. (8) National Donate Life Proclamation Recommendation: Approve the Proclamation for mailing to Donate Life. It was confirmed this would be mailed, not received at the meeting. PUBLIC HEARING(S) (9) Public Hearing for Tentative Tract Map No. 30495 Recommendation: (a) Staff is requesting this item be continued to the April 14th City Council meeting. Mayor Magee and Councilmember Hickman continuing this item will not create any problems. It was noted the item could be continued to a date certain without having to re- advertise. (10) Public Hearing for Industrial Design Review No. 2008 -02 Precise Plastics Industrial. Recommendation: The City Council: (a) Adopt Resolution No. 2009- adopting findings of consistency with the Western Riverside Multiple Species Habitat Conservation Plan. (b) Adopt Resolution No. 2009- approving Industrial Design Review No. 2008 -02. Mayor Magee and Councilman Hickman discuss with staff the building elevations, specifically the east elevations and the pump system for drainage. Mayor Magee references the Broady building's style. Agenda Item No. 2 Page 5 of 28 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 5 of 11 Ron Harwood, the CEO Precision Plastics gives an overview of the proposed building and the associated costs. (11) A Joint Public Hearing of the Agency Board and City Council to consider the Proposed Amended and Restated Redevelopment and Housing Implementation Plan 2005 -2009 and Amendments to the Redevelopment Plans for Rancho Laguna Redevelopment Proiect Areas No. I, II, and III. Recommendation: The City Council defer consideration of this item until such time that the Agency Board opens its regularly scheduled March 24, 2009 meeting and at that time conduct a joint public hearing with the Agency Board in accordance with the recommendations set forth in the Agency Board's agenda. Mayor Magee states action will not be taken for this item until the Redevelopment Agency holds their Joint Public Hearing. Counsel Leibold informs everyone that three written comments have been received and will be addressed during the Joint Public Hearing. APPEAL(S) (12) Continuance of the City Council's Action to Continue the Appeal of the Planning Commission's Action Relative to the Approval of Conditional Use Permit No. 2007 -18; a Request to Establish a "Tackle and Bait" Shop in Conjunction with a Convenience Store as well as Related On -site Improvements Located at 1604 W. Lakeshore Drive (APN 375 - 350 -008 and APN 375 - 350 -039) Recommendation: (a) Staff is requesting the appeal hearing be continued to a date to be determined in order for staff to complete and provide the City Council a draft copy of the "reciprocal access easement" for the "Tackle and Bait" shop located at 1604 W. Lakeshore Drive. Mayor Pro Tem Melendez questioned if the applicant concurs with the continuance. Acting Community Development Director Weiner stated the applicant knew the project was originally continued to the 14 however, there was some confusion in the community regarding the date. To clarify for the community he would re- advertise the appeal for the April 14 meeting. Agenda Item No. 2 Page 6 of 28 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 6 of 11 BUSINESS ITEM(S) (13) Promotional Services Agreement — Ronnie Kovach's Outdoor Enterprises, Inc. Recommendation: (a) Approve funding appropriation in the amount of $8,500 from unallocated revenues for recreation and tourism promotion; and (b) Authorize the City Manager to secure co -op funding participation in the amount of $3,500 from Lake Elsinore San Jacinto Water Authority (LESJWA), subject to LESJWA approval; and (c) Authorize the City Manager to execute a Professional Services Agreement with Ronnie Kovach's Outdoor Enterprises, Inc. Not -to- Exceed $11,000. Information / Communications Manager Dennis questioned if everyone had a chance to view the video of the shows that Ronnie Kovach had done. There were 3 total, not everyone had a chance to view them and it was suggested the item be continued until this could be done. Director of Lake and Aquatics Kilroy gave an overview of the show and the multi -media exposure the show has. References were given of those who would benefit from the proposed video that would promote the Lake Elsinore community. Mr. Kovach was present and offered to answer any questions or concerns the Council may have. Included in the Agenda materials, was the agreement with Fox Sports for 1 year, and he noted he gave a radio show from Angel stadium in Anaheim weekly. He stated his show is seen internationally and covers a wide range of outdoor activities. It is for the adventurous outdoorsmen. He noted he already has many sponsors, but if we could add more it would be beneficial. He also noted Best Western and Holiday Inn was a currently a major sponsorship for his show, and it would be beneficial for the City to not delay our opportunity. Mayor Pro Tem stated she did have a chance to view the videos and wanted to ensure the show would promote the City and not the sponsors. Mr. Kovach stated he was an international fisherman but foremost a business promoter and he has won 14 "Tele awards" for his productions. He asked the City to join with him and participate to showcase all we have to offer. Agenda Item No. 2 Page 7 of 28 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 7 of 11 (14) Amendments to Pyramid Enterprises and Destination RV Resorts Agreements Recommendation: Approve the two amendments listed below and authorize the City Manager to execute such amendments subject to such minor modifications as may be approved by the City Attorney. a) "Second Amendment to the Lake Elsinore Campground and Day Use Facility Concession Agreement" with Destination RV Resorts; and b) "First Amendment to the Amended and Restated License Agreement for Operation of the Campground, Day Use and Boat Launch Concession at the Lake Elsinore Recreation Area" with Pyramid Enterprises. Tim Fleming spoke regarding the poor conditions of our campgrounds stating they have needed cleanup for quite some time. He requested if we were considering renewing a contract, to make it short-term with the ability to extend if proper maintenance resulted. Director of Lake and Aquatics Kilroy gave an overview of the research and discussions he has had with the two consultants, noting they were aware improvements were needed. These two amendments would separate the projects, although they were inner - related. Director Kilroy gave a summary regarding the history of the problems. Councilmember Bhutta remarked on the rehabilitation that was needed, noting an annual amendment may be best. Discussion was held between the Council noting the previous expectations, problems and results. Council is concerned with the oversight to ensure the City's expectations are met. Councilmember Hickman referenced the boat launch stating if the water was roped off, it would be beneficial if the beach area was safe. Director Kilroy agreed. Mayor Magee recommended the Council receive quarterly status reports regarding the results of the Contractors. Agenda Item No. 2 Page 8 of 28 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 8 of 11 REDEVELOPMENT AGENCY Vice Chair Bhutta called the regular meeting of the Lake Elsinore Joint City Council / Redevelopment Agency Study Session to order on Tuesday, March 24 2009 to order at 4:00 p.m. CLOSED SESSION (1) No items scheduled at this time. CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approve the following minute(s): (a) Special Joint City Council /Redevelopment Agency — February 4, 2009 (b) Joint City Council /Redevelopment Agency Meeting — March 10, 2009 (c) Regular Meeting of the Redevelopment Agency Meeting — February 24, 2009 and March 10, 2009 The correction previously stated applies only to the City Council minutes from February 24, 2009. (3) Warrant List Dated March 12, 2009 - NO COMMENTS / QUESTIONS Recommendation: Authorize payment of Warrant List dated March 12, 2009. (4) Investment Report — February 2009 - NO COMMENTS / QUESTIONS Recommendation: Receive and file. JOINT PUBLIC HEARING(S) (5) A Joint Public Hearing of the Agency Board and City Council to consider the Proposed Amended and Restated Redevelopment and Housing Agenda Item No. 2 Page 9 of 28 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 9 of 11 Implementation Plan 2005 -2009 and Amendments to the Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II, and III. Recommendations: 1. Agency and City Council hold a joint public hearing on the proposed Amendments and related actions. 2. Agency Adopt Resolution No. 2009- approving and adopting the Initial Study and Negative Declaration prepared for the proposed Amended and Restated Redevelopment Plans for The Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, II and III. 3. Agency Adopt Resolution No. 2009- adopting the 2005 -2009 Amended and Restated Redevelopment and Housing Implementation Plan. 4. Agency adopt Resolution No. 2009- adopting a revised method or plan for relocation in the Rancho Laguna Redevelopment Project Areas No. I, II and III. 5. Agency adopt Resolution No. 2009- adopting Revised Owner Participation Rules for the Rancho Laguna Redevelopment Project Areas No. I, II and III. 6. Agency adopt Resolution No. 2009- approving the Amendments to the Redevelopment Plans for the Rancho Laguna Redevelopment Project Areas No. I, II and III. 7. City Council adopt Resolution No. 2009- adopting the Initial Study and Negative Declaration prepared for the proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II and III. 8. City Council introduce by title only and waive further reading of Ordinance No. amending Ordinances Nos. 607, 624, 987 and 1249, and approving and adopting the Fourth Amendment to Rancho Laguna Redevelopment Project Area No. I. 9. City Council introduce by title only and waive further reading of Ordinance No. amending Ordinances Nos. 671, 987 and 1249, and approving and adopting the Third Amendment to Rancho Laguna Redevelopment Project Area No. II. Agenda Item No. 2 Page 10 of 28 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24' 2009 Page 10 of 11 10. City Council introduce by title only and waive further reading of Ordinance No. amending Ordinances Nos. 815, 987 and 1249, and approving and adopting the Third Amendment to Rancho Laguna Redevelopment Project Area No III. BUSINESS ITEM(S) No business items scheduled. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES None. EXECUTIVE DIRECTOR COMMENTS None. LEGAL COUNSEL COMMENTS None. BOARDMEMBER COMMENTS None. CITY MANAGER COMMENTS None. COMMITTEE REPORTS None. Agenda Item No. 2 Page 11 of 28 Lake Elsinore Joint Council / Redevelopment Agency Regular Meeting Minutes of March 24 2009 Page 11 of 11 CITY TREASURER COMMENTS Not present. CITY COUNCIL COMMENTS None. CITY ATTORNEY COMMENTS Counsel adjourned the meeting to the Closed Session scheduled to be held at 5:00 p.m. ADJOURNMENT There being no further business to come before the Council, Mayor Magee adjourned the meeting at 9:09 p.m. The next regular meeting of the Lake Elsinore City Council is scheduled for Tuesday, April 14, 2009, at 5:00 p.m. for Closed Session items in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530 followed by the Regular meeting at 7:00 p.m. De& rcv T'honv e v Debora Thomsen, CMC City Clerk, City of Lake Elsinore, California Agenda Item No. 2 Page 12 of 28 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES March 24 2009 (not official until approved) CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, March 24 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 Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, Agency Counsel 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. RECESS TO CLOSED SESSION 1(a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GOV'T CODE § 54957): CITY ATTORNEY 1(b) 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: Councilmember Buckley Agenda Item No. 2 Page 13 of 28 Lake Elsinore City Council Regular Meeting Minutes of March 24 2009 Page 2 of 16 7:00 P.M. REGULAR MEETING OF THE CITY COUNCIL RECONVENE THE MEETING PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Mayor Magee. INVOCATION — MOMENT OF SILENT PRAYER The Mayor led the audience in a moment of silent prayer. ROLL CALL All Council members were present as noted by City Clerk Thomsen who declared a quorum was present. PRESENT: Mayor Magee, Mayor Pro Tem Melendez, Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, Agency Counsel Leibold, City Treasurer Baldwin, and City Clerk Thomsen. Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Police Chief Cleary, Fire Chief Hendershot, and Information / Communications Manager Dennis. CLOSED SESSION City Attorney Leibold gave a brief overview of the Closed Session items stating Council met at 5:00 p.m. for discussion and stated there was no reportable action. Agenda Item No. 2 Page 14 of 28 Lake Elsinore City Council Regular Meeting Minutes of March 24 2009 Page 3 of 16 PRESENTATIONS / CEREMONIALS Mayor Magee invited the family of United States Marine Corps (USMC) Sergeant Marina Andrea Diaz and National Guard Specialist Leonard Anthony Acosta to the podium. In their honor, the Mayor presented Jacqueline Acosta with a plaque displaying a Certificate of Appreciation, a Blue Star Flag to fly at her door, and the appropriate military pins. Sergeant Diaz is a graduate of Temescal Canyon High School and has been in the Marines since 2004. She has earned the NCO and Navy Accommodation medal and the Navy Achievement award. Specialist Acosta is a graduate of Magnolia High School in Anaheim and has received two ARCOM medals. He has been in the service since 2005 and is currently scheduled to be deployed to the Middle East. Their Aunt, Jacqueline Acosta, thanked the City for their support and the Blue Star program. Desiree Stroad (wife) and family of USMC Corporal Ryan Stroad were invited to come forward by Mayor Magee. Ms. Stroad was presented with a plaque displaying a Certificate of Appreciation, a Blue Star Flag and military pins. Corporal Ryan Stroad graduated from Temescal Canyon High School. He has been in the Marine Corps since 2006 and is stationed out of Camp Pendleton, California. He is a combat engineer, currently on his 2 tour overseas in Iraq. Ms. Stroad thanked the City for their appreciation and support of the military, and shared her desire for all of our troops to return home safely. Council recognized the success of Summerly Golf Course. Stan Gonzales and Matt Freeman were invited to the podium by Mayor Magee. The Mayor noted when the course opened, golf returned to the City of Lake Elsinore after a 80 year absence. Since opening December 31, 2007, over 40,000 golfers have enjoyed the facility. Mr. Gonzales spoke about their involvement in various charities and programs within the community such as the Trauma Intervention Program (TIP). They gave a brief overview of some of the multiple programs they offer at Summerly, such as rock -n -roll Friday's - golfing once a month with a live band. Their clubhouse offers excellent dining with a spectacular view. Mayor Magee and the Council recognized Storm Management, Dave Oster, Chris Jones and Bruce Kessman for their success of Energy and Water Audits. They have taken the stadium "green" and are environmentally friendly. The recipients spoke briefly stating they have saved 25 million gallons of water and would like others to conserve when possible. They are planning to share their knowledge and experience and become leaders for other stadiums. Their water reduction has saved them over $100,000. Council recognized Storm Baseball for their 2009 opening season. The Storm is starting their 16 season April 9 of Class A baseball for the San Diego Padres. The community was invited to attend games. They are proud to be family - friendly, affordable, and part of the local community. Agenda Item No. 2 Page 15 of 28 Lake Elsinore City Council Regular Meeting Minutes of March 24 2009 Page 4 of 16 Parks and Recreation Director Ray Gonzales came forward to receive a Proclamation to recognize Arbor Day on April 4 2009. The Community was invited to attend festivities Saturday at the City Park Gazebo, from 9:00 a.m. to 12:00 p.m. located at 243 S. Main Street to learn tree planting, watering and recycling. Additional information can be obtained by calling the Parks and Recreation Department at 951 - 674 -3124 Ext. 265. Mayor Magee invited Wendy Bankston, from Prevent Child Abuse Riverside County to the podium to receive a Proclamation to recognize April 2009 as Child Abuse Prevention Month. It was noted that all children need a safe place to be, preferably at home. Ms. Bankston stated schools and the community also play an important role to help reduce Child Abuse by being pro- active and taking preventative measures. PUBLIC COMMENTS — NON - AGENDIZED ITEMS Greg Morrison representing the Southwest California Legislative Council and multiple local Chambers of Commerce updated the Council regarding the current issues surrounding the permitting of the Rancho Springs Medical Center's expansion project in the City of Murrieta. The expansion process has taken seven years since plans were first submitted and have experienced a pattern of delays and bureaucratic hurdles. Regional local officials are now involved to expedite the expansion. Mr. Morrison gave the Council two letters from elected officials in support of the expansion. One letter is addressed to the Health and Human Services Agency in Sacramento from Assemblyman Kevin Jeffries and signed by additional Senators and Assemblymen. The other letter is from the Southwest California Legislative Council, addressed to California's Governor, Mr. Arnold Schwarzenegger. Mr. Morrison requested City of Lake Elsinore and the community residents to offer their support in this endeavor by writing or contacting their regional representatives. He left handouts and requested those interested to contact the Governor's office and request for the expansion to open. Mary Bredlau spoke regarding the negativity that is being directed at Councilmember Buckley and offered him her support. She requested residents consider their loyalty and support and unity within the community. Cliff Hattar, a structural civil engineer, addressed the City's development fees stating he recently compared the City of Lake Elsinore, county and water development fees with several cities in southern Orange County. He found Lake Elsinore's fees to be 40% higher. He stated he owns property within the community but is unable to afford development. Mr. Hattar requested the Council to consider lowering the City's costs to attract further development. Agenda Item No. 2 Page 16 of 28 Lake Elsinore City Council Regular Meeting Minutes of March 24 2009 Page 5 of 16 Loraine Watts representing the NAACP Branch 1034 invited the Council and the community to attend their 5th Annual Scholarship Awards Banquet. This year's speaker will be Dr. Lindsey E. Malcolm of UC Riverside. The theme is "Education: The Key to Success." Tickets are $40. each or $200. for a table of 6. The event is being held May 9 from 3:00 to 5:30 p.m.. Baseball tickets are included in the price, therefore dress is baseball casual. Scholarship recipients will be acknowledged at a Storm game. Handouts were left for those interested. Contact information is phone number 951 - 440 -7895 or visit the NAACP website, www.naacp.org. CONSENT CALENDAR — APPROVED Mayor Magee pulled Item No. 7 for discussion indicating he received a speaker request for the item. (2) Approval of City Council Minutes Approved the following minutes: (a) Special Joint City Council /Redevelopment Agency — February 4, 2009; and (b) Joint City Council /Redevelopment Agency Meeting — March 10, 2009; and (c) Regular Meeting of the City Council— February 24, 2009 with correction of pages; and Regular Meeting of the City Council— March 10, 2009 Mayor Pro Tem Melendez noted Item 2(c) had several pages of the Minutes (Pages 21, 22, and 23) were out of sequence and requested correction. (3) Warrant List Dated March 12, 2009 Authorized payment of Warrant List dated March 12, 2009. (4) Investment Report - February 2009 Received and filed. (5) Dexter Avenue Improvements Construction Contract Award (a) Awarded Dexter Avenue Improvement project to Hillcrest Contracting Inc. for $431,825.00; and (b) Authorized the Mayor to execute the contract with Hillcrest Contracting Inc.; and (c) Authorized staff to obligate the funds to the Dexter Avenue Improvement Project. Agenda Item No. 2 Page 17 of 28 Lake Elsinore City Council Regular Meeting Minutes of March 24 2009 Page 6 of 16 (6) Award Contract for Roof Project Awarded roof contract to Dan's Roofing and authorized the City Manager to execute the Construction Agreement. (7) Resolution of support for an exemption to the Consumer Product Safety Improvement Act (CPSIA) for the Off - Highway Vehicle Industry PULLED FROM CONSENT CALENDAR (8) National Donate Life Proclamation Approved the Proclamation for mailing to Donate Life. The Consent Calendar was before the Council for consideration and adoption by one motion. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Bhutta and unanimously carried to approve the Consent Calendar as recommended, noting the page correction to Item 2(c) Minutes of February 24 2009, and the exception of Item No. 7 which was removed from the Consent Calendar for further discussion. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PULLED FROM CONSENT CALENDAR - APPROVED (7) Resolution of support for an exemption to the Consumer Product Safety Improvement Act (CPSIA) for the Off - Highway Vehicle Industry Mayor Magee stated he requested this item be placed on the agenda along with Congressman Darrell Issa's office to offer support to the motocross industry. In addition, well -known motorcyclists Malcolm Smith who owns a large shop in Riverside held a protest stated his support of revising the exemptions as it currently applies. Mayor Magee invited speakers Gerald and Grant Langston, and Sean Hambun to come forward to the podium. Both Grant and Sean are world - famous motocross riders. Gerald Langston is the last remaining motorcycle dealer left out of 6 in the community. He stated although the economy has impacted the industry, the Consumer Product Safety Improvement Act which states lead is a Agenda Item No. 2 Page 18 of 28 Lake Elsinore City Council Regular Meeting Minutes of March 24 2009 Page 7 of 16 concern in motorcycles, has caused a massive decline in sales. Mr. Langston stated years ago, there was a problem with lead in products coming from China in the frame, but this has long been corrected. The law has not been updated with correction of the problem and has caused many businesses to go bankrupt. Grant Langston, son of Gerald, stated he has raced motocross for 21 years, since he was 5 years old. He agreed the CPSIA law not only impacts business, but impacts what kids can do. Grant noted this sport is positive for children's health, they are outside and active. He has never had a problem with exposure to lead. Sean Hambun grew up in Lake Elsinore and makes his living racing motocross. He stated the Lake Elsinore community is a "Mecca" for this sport. Not only are kids involved, but their parents are with them spending time. Sean confirmed Grant's experience; he has never had any type of problem with lead or lead poisoning. Mayor McGee requested those in the audience in favor of this Resolution to stand to show their support. Approximately 100 attendees stood in support. MOTION made by Mayor Magee, second by Councilmember Bhutta and unanimously carried to approve Item No. 7 and adopt Resolution No. 2009 -06 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Passed and adopted the following Resolution: "Resolution No. 2009 -06 - A Resolution of the City Council of the City of Lake Elsinore, California, in support of an exemption to the Consumer Product safety Improvement Act for the Off -Road Highway Vehicle Industry." A brief Recess was held for two minutes to clear the room for those who wished to leave. PUBLIC HEARING(S) Notice for all of the Public Hearings listed below has been duly given and Affidavits of Compliance are on file in the City Clerk's office. Agenda Item No. 2 Page 19 of 28 Lake Elsinore City Council Regular Meeting Minutes of March 24 2009 Page 8of16 No written communication has been received by the City Clerk's office. (9) Public Hearing for Tentative Tract Map No. 30495 CONTINUED TO APRIL 14 2009 Approved continuing the Public Hearing to April 14 2009. MOTION made by Councilmember Hickman, second by Mayor Pro Tem Melendez and carried to continue Tentative Tract Map No. 30495 to the April 14 2009 City Council meeting as recommended. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. (10) Public Hearing for Industrial Design Review No. 2008 -02 Precise Plastics Industrial. ADOPTED RESOLUTION NO'S. 2009 -07 and 2009 -08 Mayor Magee opened the Public Hearing opened at 7:50 p.m. Acting Community Development Director Weiner gave a brief report of the 43,000 square foot building. (a) Adopted Resolution No. 2009 -07 adopting findings of consistency with the Western Riverside Multiple Species Habitat Conservation Plan; and MOTION made by Councilmember Buckley, second by Councilmember Hickman and unanimously carried to pass and adopt Resolution No. 2009 -07. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Councilmember Buckley noted the item was in compliance with the Multiple Habitat Species Conservation Plan (MHSCP) and complimented the applicant for the building's architectural style and welcomed them to the community. Agenda Item No. 2 Page 20 of 28 Lake Elsinore City Council Regular Meeting Minutes of March 24 2009 Page 9 of 16 (b) Adopted Resolution No. 2009-08 approving Industrial Design Review No. 2008 -02. MOTION made by Councilmember Buckley, second by Councilmember Bhutta and unanimously carried to pass and adopt Resolution No. 2009 -08. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. There being no further public comments, Mayor Magee closed the Public Hearing at 7:51 p.m. Passed and adopted the following Resolutions: "Resolution No. 2009 -07 - A Resolution of the City Council of the City of Lake Elsinore, California, adopting findings that the Project known and Industrial Design Review No. 2008 -02 is consistent with the Western Riverside Multiple Species Habitat Conservation Plan." "Resolution No. 2009 -08 - A Resolution of the City Council of the City of Lake Elsinore, California, approving Industrial Design Review No. 2008 -02." (11) A Joint Public Hearing of the Agency Board and City Council to consider the Proposed Amended and Restated Redevelopment and Housing Implementation Plan 2005 -2009 and Amendments to the Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. I, II, and III. APPROVED TO DEFER CONSIDERATION TO THE JOINT PUBLIC HEARING TO BE HELD WITH THE REDEVELOPMENT AGENCY MOTION made by Councilmember Buckley, second by Councilmember Hickman and unanimously carried to defer consideration of this item until such time that the Agency Board opens its regularly scheduled March 24, 2009 meeting and at that time, conduct a Joint Public Hearing with the Agency Board in accordance with the recommendations set forth in the Agency Board's Agenda. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Agenda Item No. 2 Page 21 of 28 Lake Elsinore City Council Regular Meeting Minutes of March 24 2009 Page 10 of 16 APPEAL(S) — CONTINUED TO APRIL 14 2009 (12) Continuance of the City Council's Action to Continue the Appeal of the Planning Commission's Action Relative to the Approval of Conditional Use Permit No. 2007 -18; a Request to Establish a "Tackle and Bait" Shop in Conjunction with a Convenience Store as well as Related On -site Improvements Located at 1604 W. Lakeshore Drive (APN 375 - 350 -008 and APN 375 - 350 -039). Approved continuing the appeal hearing to April 14 2009 as requested to enable staff to complete and provide the City Council with a draft copy of the "reciprocal access easement" for the "Tackle and Bait" shop located at 1604 W. Lakeshore Drive. MOTION made by Councilmember Bhuttta, second by Councilmember Hickman and unanimously carried to continue this appeal hearing to April 14 2009. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. BUSINESS ITEM(S) - APPROVED (13) Promotional Services Agreement — Ronnie Kovach's Outdoor Enterprises, Inc. Information / Communications Manager Dennis gave a brief overview of the Promotional Services Agreement with Ronnie Kovach. He is a promoter and produces of Outdoor Adventures, which is internationally recognized through multiple medias. His 1 hour show is shown weekly on the Internet, Cable TV and radio, 52 weeks a year. The purpose of this agreement is to produce a 30 minute film featuring the lake and a fishing adventure in addition to promoting other attractions the city has to offer. Pete Dawson addressed the City Council, stating he is in favor of the promotion of the lake as a fishing resource. Currently, our lake is an asset. Once we promote the positive of the Lake, fishermen will visit and our City will benefit. He requested the City Council to pass this item. Kim Cousins stated the promotion of the lake is needed, our lake is a secret in the fishing world, and we have a lot to offer. Tourism would increase along with our local economy. Agenda Item No. 2 Page 22 of 28 Lake Elsinore City Council Regular Meeting Minutes of March 24 2009 Page 11 of 16 MOTION made by Councilmember Buckley, second by Mayor Magee. Discussion was held between the City Council if a continuance would be appropriate, and it was determined if the City did not act immediately we would miss out on our opportunity. Currently Mr. Kovach has contracts in place which are to our benefit, such as FOX Sports West, DISH Network and Direct TV. In addition he holds a radio show on Saturday mornings broadcasting from Angel Stadium in Anaheim, which we could participate. Mayor Pro Tem Melendez requested to address Mr. Kovach with reference to the advantages other cities have received after his promotion of their City. Mr. Kovach responded, stating it is hard to gauge results; each City has different interests. The City of Huntington Beach is one of his clients; he has many cities contacting him requesting exposure. He estimated over 1 million viewers watch his show weekly, including internationally. Mayor Pro Tem Melendez questioned if other sports could be mentioned, such as sky- diving, water sports, and our historical heritage. Mr. Kovach responded, stating it is necessary to highlight everything the City has to offer, the purpose is to brand the City with an outdoor adventure lifestyle if wanted. Lake Elsinore can promote baseball, motocross, golf, restaurants, skydiving, water sports, and historical data. His shows enter 1 million homes weekly, and his viewers would know Lake Elsinore has a lot to offer in Southern California. Councilmember Bhutta stated Lake Elsinore is a great location for tourism and knows his marketing will benefit our City. Mr. Kovach requested help to co- produce and promote the City. Since we know what we have to offer, it is to our benefit to help determine information to promote. The City has many sport professionals and residents who provide services. In addition, we photos, videos, and historical data available. The MOTION made by Buckley, second by Mayor Magee was unanimously carried to approve the Professional Services Agreement with Ronnie Kovach's Outdoor Enterprises, Inc. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Agenda Item No. 2 Page 23 of 28 Lake Elsinore City Council Regular Meeting Minutes of March 24 2009 Page 12 of 16 Council took the following action: (a) Approved funding appropriation in the amount of $8,500 from unallocated revenues for recreation and tourism promotion; and (b) Authorized the City Manager to secure co -op funding participation in the amount of $3,500 from Lake Elsinore San Jacinto Water Authority (LESJWA), subject to LESJWA approval; and (c) Authorized the City Manager to execute a Professional Services Agreement with Ronnie Kovach's Outdoor Enterprises, Inc. Not -to- Exceed $11,000. (14) Amendments to Pyramid Enterprises and Destination RV Resorts Agreements Director of Lake and Aquatics Kilroy updated the Council regarding the existing status of the City's campground facilities and boat launch area. The proposed amendments separate these areas. Although the projects are separated, they are still interrelated. Director Kilroy noted the campgrounds have not been maintained to the satisfaction of the City in the past, but feels the future commitment from Pyramid Enterprises and Destination RV Resorts will be improved. Councilmember Hickman questioned if the water area would be roped off to enable access to the water and the boat ramp area. Director Kilroy responded positively. Mayor Pro Tem Melendez questioned if stronger verbiage should be added to the Amendments to ensure compliance. Discussion was held between the Council to determine the appropriate action. Mayor Magee requested staff to provide Quarterly Reports to the Council of the project's status and monitor the companies' performance. Director Kilroy agreed. MOTION made by Councilmember Hickman, second by Councilmember Buckley and unanimously carried to approve the two amendments with Destination RV Resorts and Pyramid Enterprises with the stipulation City Council would receive Quarterly Reports updating the status of the campgrounds and the boat launch area from staff. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Agenda Item No. 2 Page 24 of 28 Lake Elsinore City Council Regular Meeting Minutes of March 24 2009 Page 13 of 16 Approved the Second Amendment to the Lake Elsinore Campground and Day Use Facility Concession Agreement" with Destination RV Resorts; and Approved the First Amendment to the Amended and Restated License Agreement for Operation of the Campground, Day Use and Boat Launch Concession at the Lake Elsinore Recreation Area with Pyramid Enterprises. Authorized the City Manager to execute the amendments subject to minor modifications as approved by the City Attorney. The City Council recessed to the Redevelopment Agency at 8:06 p.m. MAYOR MAGEE reconvened the City Council portion of the Joint Public Hearing at 8:46 p.m. The City Council, in session, will now consider and act on the matters before it: 1. City Council Resolution No. 2009 -09 adopting the Initial Study and Negative Declaration prepared for the proposed Amended and Restated Redevelopment Plans for Rancho Laguna Redevelopment Project Areas No. 1, 11, and III. MOTION was made by Chairman Buckley, second by Councilmember Hickman and unanimously carried to approve the Resolution No. 2009 -09 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Mayor Magee concluded the City Council action item and turned the proceedings back to Agency Chairman Buckley at 8:47 p.m. to conclude the Agency portion of the meeting. There being no further business to come before the Redevelopment Agency, Chairman Buckley adjourned the meeting at 8:49 p.m for the City Council to conclude their meeting. Agenda Item No. 2 Page 25 of 28 Lake Elsinore City Council Regular Meeting Minutes of March 24 2009 Page 14 of 16 PUBLIC COMMENTS — NON - AGENDIZED ITEMS Ashley Norland requested fund raising ideas or sponsorship to help cover the $20,000. expenses she will incur for a University of Irvine study abroad program which will enable her to write a play once she returns. She will be visiting 9 countries and interviewing children at hospitals and orphanages. Those interested can contact her at anorlan( uci.edu Araceli Jimenez stated she has come to Council meetings in opposition against the Lake Street Market Place. She has been attending Planning Commission and community meetings regarding the project. She voiced her concern over a statement made by a Castle & Cooke representative regarding 262 homes must be sold before they can provide improvements to Main Street, which may take 2 to 3 years in today's economy. George McDonovah expressed his lack of support for the Lake Street Market Place project and referenced statements made by some of the Planning Commissioners. Some of these statements are: in today's economy it may take 2 to 3 years before Lake Street can be improved; the building will be built but then stay vacant; Lake Street is already a mess, right now is not a good time to do this; the cart is being put before the horse, the safety of the residents should come before the needs of the developer, and why on a major frontage road is there only a right turn in? Jennifer Vaneguez spoke on behalf of Terese Workman in support of the Lake Street Market Place project stating it is an upscale store which the community would be proud of and should not attract gangs. It would offer convenience to the neighborhood saving several miles of travel to get a few items. She stated although there may be infrastructure problems, the existing road is 2 lanes and can accommodate the traffic. Renee Cummings is new to the community and is waiting for escrow to close tomorrow. She stated she works in the redevelopment field and can see no professional reason the project should be denied. One of the reasons she is moving to this area is because she knows commercial development will follow residential construction, which is an advantage to a home owner. She recommends others consider the positive impact, not the negative. Agenda Item No. 2 Page 26 of 28 Lake Elsinore City Council Regular Meeting Minutes of March 24 2009 Page 15 of 16 CITY MANAGER COMMENTS City Manager Brady made several announcements regarding activities for the next several weeks: • March 26, Business Networking Mixer 5:30 to 7:00 p.m. at the Diamond Club • March 27, Trauma Intervention Program (TIP) 4 Annual Golf Tournament at the Links, 11:00 a.m. registration • March 28, Skate Park Challenge, 11:00 a.m. to 3:00 p.m. McVicker Skate Park • March 31, Outlets — Ignite the Night! 4:30 to 5:15 p.m. LED Sign Lighting at the Lake Elsinore Outlets • April 4, Arbor Day Celebration and Kids Eco Fair 9:00 a.m. to 12:00 p.m. at the Main Street City Park • April 4, First day of Lake Elsinore Boating Season, free to all, $10. value at Boat Launch facility • April 11, Children's Fair and Egg Hunt 10:00 a.m. to 1:00 p.m. at McVicker Canyon Park CITY ATTORNEY COMMENTS None. COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Baldwin stated he was impressed with the meeting tonight. He is proud of the meeting style, talent and professionalism, Council demeanor, City staff, the attendees, and those who expressed themselves. CITY COUNCIL COMMENTS Councilmember Hickman wished everyone a Happy Easter and recommended they attend the April 11 Easter Egg Hunt at McVicker Canyon Park. He noted children's festivities are by age group and 6,000 eggs disappear quickly. The Agenda Item No. 2 Page 27 of 28 Lake Elsinore City Council Regular Meeting Minutes of March 24` 2009 Page 16 of 16 event is wonderful to watch and thanked the City for their involvement. He stated Tuscany Hills is having an Easter egg hunt for their community. Mayor Pro Tem Melendez thanked everyone for attending and providing input. She stated there was a Hazardous Waste drop -off at the Public Works yard on Saturday, April 4th; and a bird watching field trip will be held April 4 from 8:00 to 11:00 a.m. She thanked the Fire Department who would be participating in the "Fill the Boot" national fundraiser for Jerry Lewis's Muscular Dystrophy on Saturday and Sunday, April 3rd and 4th Councilmember Buckley thanked Mary Bredlau for her attendance and for her support. Councilmember Buckley stated some fees are dropping, such as the Transportation Uniform Mitigation Fee (TUMF) and possibly the Multiple Species Habitat Conservation Fee (MSHCF). He acknowledged how successful the boat races were over the weekend stating the National Jet Boat Association would like to return. They were impressed with our lake and the turn -out they received. Councilmember Buckley then showed 2 pictures which were taken at the races; one photo of the boat which took a quarter mile to reach 223 m.p.h. and an incredible rainbow, noting the pictures would be framed and hung at City Hall. Councilmember Bhutta thanked everyone for their attendance and input and reminded all to shop locally. Mayor Magee then adjourned the meeting. ADJOURNMENT There being no further business to come before the Council, Mayor Magee adjourned the meeting at 9:09 p.m. The next regular meeting of the Lake Elsinore City Council is scheduled for Tuesday, April 14, 2009, at 5:00 p.m. for Closed Session items in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530 followed by the Regular meeting at 7:00 p.m. Deboraw rhoymert. Debora Thomsen, CMC City Clerk, City of Lake Elsinore, California Agenda Item No. 2 Page 28 of 28