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HomeMy WebLinkAbout03-10-2009 City Council Minutes I MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 10,2009 *********4444444444*********4444444********************************************************* CALL BACK TO ORDER (7:00 P.M.) Mayor Magee called the Lake Elsinore City Council meeting to order at 7:00 pm. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by City of Canyon Lake Mayor Mary Crater. INVOCATION - MOMENT OF SILENT PRAYER The Mayor led the audience in a moment of silent prayer. I ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM MELENDEZ COUNCILWOMAN BHUTTA COUNCILMAN BUCKLEY arrived at 7:04 PM COUNCILMAN HICKMAN ABSENT: NONE Also present: City Manager Brady, City Attorney Leibold, City Treasurer Baldwin, Acting Community Development Director Weiner, Acting Administrative Services Director Riley, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Parks and Recreation Director Gonzales, Director of Lake and Aquatics Kilroy, Interim City Clerk Cowley. CLOSED SESSION REPORT ~ City Attorney Leibold reported the City Council met at 5:00 pm. to discuss three items in closed session which are identified on the agenda as Items 1(a), 1(b) and 1 (c): the first involves public employment under the authority of Government Code Section 54957(b) which involves the appointment of the new City Clerk, her employment agreement is on the agenda as a business item for the City Council and Redevelopment Agency. The second item involves a closed session of the I Southwest communities financing Authority of which the City is a member. The item discussed is disclosed in Agenda Item 1(b). There is no reportable action on that item this evening. The third item involves one potential case of anticipated litigation under the authority of Government Code Section 54956.9 and there is no reportable action on Item 1 (c). 1(a) PUBLIC EMPLOYMENT (Gov't Code Section 54957(b)): City Clerk 1 (b) CONFERENCE INVOLVING (SOUTHWEST COMMUNITIES CODE SECTION 54956.96) A JOINT POWERS AGENCY FINANCING AUTHORITY) (GOV'T Discussion will concern: Conference with real property negotiator: I Property - APN 370-060-050 southeast of Corydon/west of Mission Trail Agency negotiator - Dean Deines Negotiating parties - Animal Friends of the Valleys and Elsinore Valley Municipal Water District Under negotiation - Price/terms/Conditions of Payment Name of local agency representative on joint powers agency board: Councilman Thomas Buckley 1 (c) CONFERENCE WITH LEGAL COUNSEL..ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: (1 potential case) PRESENTATIONS/CEREMONIALS Mayor Magee presented a Certificate of Achievement to Robert Prado, a Lake Elsinore resident, introducing him as a bona fide Guiness Book of World Records holder for completing 14 varial heel flips on a skate board capturing the world record. Mr. Prado thanked the City of Lake Elsinore for acknowledging his record and for supporting him with his skateboarding. l Mayor Magee presented Interim City Clerk Cowley with a Certificate of appreciation for stepping in as Interim City Clerk during an election. Ms. Cowley thanked the Mayor, City Council and City Manager and expressed her attachment to the wonderful staff and citizens of Lake Elsinore stating how much she will miss working here. The presentation by Elsinore Valley Municipal Water District was postponed. I Mayor Magee introduced Jose Carvajal, Public Information Officer for Lake Elsinore Unified School District spoke to Council about the California Healthy Kids Survey the School District participated in which gives the School District an idea of how the kids feel about their lives at home, in the community and at school. As part of the survey the School District is required to report the results to the community within and without the School District. He shared a brochure the School district prepared that includes the results of the survey and some quotes from the students indicating the students surveyed were in grades 5, 7, 9, and 11. Thereafter a video presentation of the survey along with the results was presented to Council. Val Rourke, a special assignment teacher at the School District advised Council that one of the reasons they have shared the results of the survey with the City is because the areas the children expressed as problems isn't just a school problem but problems that come from home and the community. She shared the areas in which the City can work with the School District to make a difference in the children's thoughts about substances providing the statistics on the use of substances among children. Ms. Rourke reminded Council that the School District is looking forward to working together with Council to make a difference in the lives of the children of the community. PUBLIC COMMENTS - NON AGENDIZED ITEMS I Chris Hyland addressed Council on behalf of the Lake Elsinore Historical Society promoting the Booklet on the History of Lake Elsinore for sale. She mentioned she also had applications available if anyone wanted to become a member of the Historical Society and asked for support of the Historical Society. Ms. Hyland provided her phone number if anyone wished to contact her. Enelida Caron addressed Council to serve Councilman Buckley with a Notice of Intention to Circulate a Recall Petition. Ms. Caron read the grounds for the Notice of Intention and presented the original and copies to the City Clerk noting that Council Member Buckley has been served. PUBLIC COMMENTS - AGENDIZED ITEMS CONSENT CALENDAR Mayor Magee pulled Item No.4 for discussion indicating he received a speaker request for that item. If I I Councilman Hickman moved to approve Consent Calendar Items 2 through 7, excluding Item No.4; second by Mayor Pro Tern Melendez. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None. (2) Approval of Citv Council Minutes Recommendation: Approve the following minute(s): a) Regular Meetings - February 10, 2009 b) Joint City Council Redevelopment Agency - February 24, 2009 (3) Warrant List Dated February 26. 2009 Recommendation: Authorize payment of Warrant List dated February 26, 2009. (5) Extend Term of Professional Services Aqreement and Extra Work Authorization for Environmental Consultinq on Boat Launch Facilitv Proiect I Recommendation: Approve the First Amendment to the Professional Services Agreement and "Extra Work" for HDR Engineering; then authorize the City Manager to execute the documents. (6) Authorization for the Citv Manaqer to Enter Into Contract with ESA for the Preparation of an Environmental Impact Report Addendum for the Canvon Hills Specific Plan Amendment NO.3 Recommendation: Staff recommends that the City Council authorize the City Manager to enter into a contract with ESA for an amount not to exceed $37,000. (7) Transfer of CDBG Funds - Danqerous Structure Abatement Recommendation: That the City Council 1. Approve the transfer of $87,903 from Dangerous Structure Abatement into the 2008-2009 Code Enforcement - Nuisance Abatement project. 2. Approve submittal of the City's transfer request to the County of Riverside. CONSENT CALENDAR ITEM NO.4 I (4) Cooperative Aqreement Between Countv of Riverside and Citv of Lake Elsinore for Improvements to Dexter Avenue r-- i Recommendation: Approve the agreement with Riverside County to share the cost for the repair and reconstruction of Dexter Avenue and direct the Mayor to execute the Agreement in such final form as approved by the Director of Public Works and the City Attorney. Mayor Magee advised he received a request from Councilwoman Bhutta to pull this item for discussion and he also received a request to speak from George McDonough who was recognized to speak. George McDonough asked the reason the City was paying $800,000 for the street repairs specifically wanting to know if it was poor planning, poor traffic studies, bad building materials used and why it is the City's responsibility. Mayor Magee responded indicating a majority of that road is within the city limits there is no impending development coming forth that is going to repair it; it is the obligation of the City because it is the City's road and the City's responsibility and something that the City budget's for. Since 27% of the roadway lies within the County's jurisdiction staff worked with the County to get their assistance as the City did on Machado, Mission Trail and on Corydon. I Councilwoman Bhutta stated she asked to have this item pulled because it is well known that this street is in desperate need of repair. She wanted to give special recognition to Mr. Seumalo and Mr. Basubas who have done a lot of hard work and deserve some recognition for working with the County to get this project going. Councilman Hickman moved to approve staff's recommendation; second by Councilwoman Shutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None. City Attorney Leibold asked for confirmation that the motion and second incorporates the two corrections and clarifications to the agreement that were reviewed at the study session. The mover and second amended the motion to incorporate the corrections and clarifications. PUBLIC HEARING IS) (8) Tentative Parcel Map No. 36164 for Condominium Purposes and conditional use Permit No. 2008-17. for the "Diamond Professional Plaza," 425 South Diamond Drive I Recommendation: That the City Council adopt Resolution No. 2009-05 approving Tentative Parcel Map No. 36164 for condominium purposes, for the "Diamond Professional Plaza," I" Mayor Magee opened the public hearing at 7:26 pm. Acting Community Development director Weiner advised Council emphasized this item is a Tentative Parcel Map request to allow for the subdivision of an existing medical building into five commercial-condominium units. The property is located on Diamond Drive; the proper CC&R's will be in place for common property maintenance on the site and the Planning Commission unanimously recommended approval of the project. Matthew Fagan addressed Council on behalf of Diamond Professional Plaza requesting approval of the project noting the building was approved about one year ago and this subdivision will provide individual air space in the building. Mr. Fagan complemented staff specifically, Ken Seumalo, Tom Weiner and Carol Donahoe indicating they were all very helpful through this process and Diamond Professional is very grateful for that. There being no one further wishing to address the Council, the Mayor closed the public hearing at 7:29 pm. ~ Councilman Buckley moved to approve Tentative Parcel Map 36164; second by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None. (9) Public HearinQ to Consider Modifications of Conditions of Approval for the Greenwald Commercial Proiect Recommendation: That the City Council: 1) Approve the modifications to the conditions of approval for the Greenwald Commercial project as set forth herein and as reflected in Attachment NO.1 to this Staff Report. 2) Direct staff to place the revised Conditions of Approval in the permanent Project file. 3) Direct staff to attach the document attached to the Staff Report as Attachment No. 2 to the Conditions of Approval for the Project that is placed in the permanent Project file. Mayor Magee opened the public hearing at 7:30 pm. Acting Community Development Director Weiner provided a brief staff report indicating the Conditions of Approval have been modified to reflect the arrangement that was made between the City of Lake Elsinore and the City of Canyon Lake for the commercial development of Greenwald. r I I Mayor Magee recognized the Mayor of Canyon Lake, Mary Craton who spoke in favor of the item and thanked the City for its cooperation in providing a proper crossing for the multi-purpose trail. Mayor Craton also thanked Mr. Sauls, the developer and said she was very pleased with the outcome. There being no one further wishing to speak to this item, Mayor Magee closed the public hearing at 7:31 pm. Mayor Pro Tem Melendez moved to approve the recommendations; second by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, Councilman Hickman. NOES. None. APPEAL{S) There are no appeals scheduled. BUSINESS ITEM{S) (10) Graffiti Action Plan 30 Dav Proaress Reoort Recommendation: Receive and file. I Information/Communications Manager Dennis provided the report indicating on February 10, the Council approved the recommendations of the Task Force for a Graffiti Action Plan adding stipulations that staff try to reduce the proposed budget. He said he was pleased to report they were able to gather additional information and were able to reduce the proposed budget by $24,000 from $68,000. He advised staff will continue to work to reduce that number in half. As a result, staff wants to go forward with a camera surveillance system which allows the City to monitor graffiti hot spots with a still photo camera system that helps act as a deterrent to locations such as parks that are vandalized repeatedly. Mr. Dennis described meeting with Garden Grove and other people to gain more knowledge on successful deterrents and obtained leads on software programs that might be attainable at little or no cost to the City to create a database, which is necessary for prosecution purposes. Mr. Dennis felt that staff would be able to implement a program that was much more cost effective and be able to move forward and provide Council with periodic updates. He informed Council and the audience that the graffiti hotline was a telephone automated system that allows callers to leave vital information about graffiti vandalism incidents they might see within the city limits. The hotline is available day and night and the telephone number is 951-674-2701. I Mayor Pro Tem Melendez asked whether the mounted cameras were such that public works would be able to place them, remove them and relocate them. Mr. Dennis advised the cameras are portable, solar powered, digital, still camera, I photographic system that also has an audio warning that can be programmed. He explained how the cameras worked and the ability to download the photographs onto the computer without dismantling the camera and that the cameras can be moved from various locations on City property. Thereafter followed a discussion regarding financial requirements beyond the purchase of the equipment, such as potential maintenance costs, staff not knowing the maintenance history of the camera, the warranty that comes with the cameras and the ability to extend those warranties. Councilwoman Bhutta confirmed that staff would be providing Council with quarterly reports on the quantitative research to show it is working. Mr. Dennis confirmed acknowledging that the Graffiti Action Plan has a substantial amount of discussion on the need to evaluate some of the tactics used by other cities because there isn't a study currently that provides the effectiveness of some of the units being looked into, so staff will be reporting on the study's findings. Mayor Pro Tem Melendez moved to receive and file the report; second by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. I I (11) Citv Clerk Emplovment Aqreement Recommendation: That the City Council approve the City Clerk Employment Agreement and authorize the Mayor to execute same. Councilwoman Bhutta moved to approve the Employment Agreement; second by Mayor Pro Tem Melendez. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None. Mayor Magee introduced the new City Clerk Debora Thomsen advising the audience that even though Ms. Thomsen is not on the payroll yet she felt it was important to be here this evening to leam some of the job responsibilities and personalities she will be inheriting. Ms. Thomsen said she was very happy to be here and knows from many people that Lake Elsinore is a wonderful City. (12) Amendment to Citv Manaqer/Executive Director's Emplovment Aqreement Recommendation: That the City Council approve the Fourth Amendment to Employment Agreement and authorize the Mayor to execute same. I Councilman Buckley moved to approve the Fourth Amendment to Employment Agreement; second by Mayor Pro Tem Melendez. I Mayor Magee expressed his pride and honor in voting in favor of the amendment, indicating Mr. Brady has served the City very well in the last four years and he looked forward to him serving the City for many years to come. The Motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None. The City Council recessed to the Redevelopment Agency at 7:41 pm. The City Council reconvened at 7:44 PM. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Andrew Ferrick representing Green Light, a retrofit lighting company introduced the services Green Light offers by assisting cities in conserving energy by retrofitting their existing lighting systems to an LED style system. He advised that 50% or more of lighting costs could be saved. He provided Council with the types of lighting retrofitting that could be done on traffic signals as well as to City facilities and the reduction in watts. " Mayor Magee suggested he speak to the City's Director of Public Works, Ken Seumalo. Aracelli Jimenez, a member of the Voters Against the Lake Street Market addressed Council regarding the meeting the Voters held on March 7, 2009 and asked how the proposed Lake Street Market Place could be approved without Lake Street being improved. She expressed her concern about the street as it currently exists and the lack of access and the hazardous condition that will be created by the Lake Street Market. She felt the City could not afford to ignore these issues. She mentioned a newspaper article discussing closure of a local business and the laying of a large number of employees from another Lake Elsinore business. , George McDonough addressed Council regarding Lake Street Market advising the developer representative held a meeting on Thursday, March 26th;1 however, not much was accomplished. He indicated there were no rules set and it became an emotional altercation. He also discussed the meeting the Voters held on Saturday, March tho Both meetings were attended by 40-50 residents who were provided with two petitions, one for the project and one against the project and the number of signatures each petition received. The residents did not feel their issues were answered to their satisfaction. He provided an example that when traffic and safety issues were brought up several times, the only response they got is there isn't a traffic or safety issue. He advised the Voters would be filming the students over the next two weeks at both schools and put those photographs on their website since their existence has been denied. I CITY MANAGER COMMENTS I City Manager Brady announced/commented on the following: . On Tuesday, March 17th, the Elsinore Valley Arts Network meeting will be held at 7:00 pm. at the Lake Elsinore Library . Thursday, March 19th, the Chamber Economic Development luncheon will be held from 11 :30 am to 1 :30 pm at the Diamond Club at the Stadium and the speaker is Mayor Bob Magee. . Saturday and Sunday, March 21 and 22, its Thunder in the Channel, drag boat racing beginning at 7:30 am to 5:00 pm. . Tuesday, March 24th, Lake Elsinore Unified School District Student of the Month luncheon which is held at the Sizzler from 12:00 pm to 2:00 pm honoring students from the various high schools on their hard work. . The Business Network Mixer held by the Chamber of Commerce, March 26th at the Diamond Club starting at 5:30 pm to 7:00 pm. . He reminded everyone of the Graffiti Hotline Number - 674-2701. . He welcomed the new City Clerk, Debora Thomsen and thanked Interim City Clerk Cowley for her assistance noting he had the opportunity of actually hiring her. . He thanked the City Council for the extension of his contract and expressed his pleasure in working for the City and serving the residents and citizens of Lake Elsinore. CITY ATTORNEY COMMENTS City Attorney Leibold echoed the comments of City Manager Brady regarding Ms. Cowley indicating it has been a delight working with her and thanked her for her service. She also welcomed new City Clerk Debbie Thomsen stating she is looking forward to working with her. She mentioned on Thursday, March 18th at 7:00 pm there is a Community Information Meeting at the Culture Center regarding the Redevelopment Plan Update and the public is welcome to attend. The joint public hearing of the Redevelopment Agency and the City Council on those Redevelopment Plan updates is scheduled to occur on March 24th at the next regularly scheduled meeting. She expressed congratulations with respect to the modifications to the Greenwald Commercial project under the terms of the settlement agreement the lawsuit will be dismissed within two days of this evening. COMMITTEE REPORTS CITY TREASURER COMMENTS I I I I CITY COUNCIL COMMENTS Councilman Hickman welcomed the new City Clerk and confirmed the drag boat race on the 23rd. He mentioned he sits on the RTA Board and the School District has received a donation of a Dial-a-Ride bus for the physically and mentally challenged children so the District can transport them around the City. He mentioned the Lake Elsinore Education Foundation will hold its first annual golf outing at the Links at Summerly this Friday and the proceeds will be used for the Foundation scholarships for students. There is a shotgun start at 1 :00 pm. Mayor Pro Tem Melendez welcomed new City Clerk Debora Thomsen and thanked Interim City Clerk Cowley for her hard work and dedication. She thanked everyone for coming and wished God's blessings on America. Councilman Buckley welcomed Debora Thomsen and thanked Carol Cowley. He then announced that after a few years of going to Washington D,C. as of this evening the Senate approved the Omnibus Bill that will be signed, which includes $100,000 for Lake Elsinore's Emergency Operations Center and $237,000 in the ongoing efforts to fix Railroad Canyon interchange. I Councilwoman Bhutta thanked everyone for joining the City Council meeting either by cable, website or at the Cultural Centers she reminded everyone to shop locally as much as possible, tax dollars need to stay In Lake Elsinore to provide the goods and services the citizens deserve. She thanked Carol Cowley and welcomed new Clerk Debbie Thomsen and congratulated the City Manager on his contract extension. Mayor Magee echoed the comments of Councilman Buckley on the City's advocacy efforts in D.C., reiterating the Senate approved the 2009 Omnibus Spending Bill 62 to 35 which does include the two funding items for the City of Lake Elsinore. He thanked staff and the City's advocate, The Ferguson Group for assisting the City in moving this forward. He indicated the members of congress he and Mr. councilman Buckley met with as well as the staff members for the senate offices showed broad support for the City's efforts and he felt it was important to note that after all this time something is finally going to come back to Lake Elsinore and that abodes well for the City in the future. ADJOURNMENT I There being no further business to come before the Council, Mayor Magee recognized the passing of Justin Ham; a friendly, fun-loving gentleman with a carefree spirit. He was a good worker and a dedicated baseball coach with Lake Elsinore Little League; a devoted father and a friend to many. His family and friends said good bye to Justin today. At 35, he left us way too soon but while he was here he left a positive impression on all those he touched. i Mayor Magee closed the March 10,2009 meeting in honor of Justin Ham at 7:59 : pm. ATTEST: ~ I I i RK