The URL can be used to link to this page

Home My WebLink About08-26-2008 City Council MinutesMINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 26, 2008 CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1a) Conference With Legal Counsel--Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case (1 b) Conference With Legal Counsel--Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 potential case City Attorney Leibold indicated any action taken during Closed Session would be reported during the regular portion of the meeting. The City Couhcil meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.MI PLEDGE OF ALLEGIANCE Bob Nichols led the Pledge of Allegiance. 1 INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer. ROLL CALL - 7:00 P.M. PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE Afso present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, City Treasurer Weber, Lieutenant Fontneau, Public Works Director/City Engineer Seumalo, Director of Community Development Preisendanz, Director of Parks and Recreation Gonzales, Planning Technician Bitterolf and City Clerk Munson. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss anticipated litigation, pursuant to Government Code Section 54956.9, of two potential cases. City - Attorney Leibold indicated there was no reportable action. PRESENTATION/CEREMONIALS (2) Mayor Hickman presented Certificates of Appreciation to Tim Fleming and Jim Brady for their assistance in maintaining yards of foreclosed homes in their neighborhoods. (3) Mayor Pro Tem Kelley presented a Certificate of Recognition to Abigail Heiselt for her altruistic deed in providing food for the animals that lost their homes in the animal shelter fire. (4) Art Rivas from U.S. Vets made a presentation to the City Council regarding public awareness of Veterans issues and their programs for Vets at March Air Force Base. He also thanked the City Council and the residents of Lake Elsinore for all of their assistance provided to the vets at March Air Force Base. (5) Gloria Musser, Owner of Dolphin Pool & Spa representing the Lake Elsinore Valley Chamber of Commerce provided an update on the Chambers' activities. 2 PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE George Alongi, Canyon Lake resident, expressed his concerns with the vandalism occurring with the candidates' signs and offered a $500 reward for the capture of any person damaging or destroying campaign signs. Barbara Middlebrook, President of Elsinore Valley Arts Network, announced the last two Concerts of the Park were occurring on Saturday, August 30~n and on September 6m at McVicker Park and will start at 7:30 p.m. She noted the last concert will be the Inland Valley Symphony. Alex Lopez, resident, stated he represented the Hispanic families in the City and expressed their concern with the Border Patrol raids recently occurring in the City. Debbie McClay, non-resident, expressed her concern and spoke in opposition to the Border Patrol raids occurring in the City and expressed the terror that is occurring in the City with Hispanic families. James Brady, resident, expressed his concern with the Hispanic individuals protesting and demonstrating on Main Street; inquired if these people had a permit to demonstrate, and inquired why a Police Officer was not present during the protest that (~ lead him and his family to eat dinner in Temecula. Chris Hyland, resident, expressed her concerns with the election shenanigans and the acts of violence candidates are having in the City. Jennaya Dunlap, resident of Perris, expressed her concerns with the Border Patrols random raids that are causing hard working residents of the City to be terrified to leave their homes and send their children to school. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 6 THROUGH 15 The following items were listed on the Consent Calendar for Council approval: (6) Minutes of the Following Meeting(s a) Joint City Council/Redevelopment Agency Study Session -July 22, 2008. b) Joint City Council/Redevelopment Agency Study Session -August 12, 2008. c) Regular Meeting -.July 22, 2008. d) Regular Meeting -August 12, 2008. (7) Warrant List Dated August 14. 2008 Recommendation: Authorize payment of Warrant List dated August 14, 2008. 3 (8) Investment Report -July 2008 Recommendation: Receive and file. (9) Approval of Final Map No. 31839 Recommendations: a) Approve Final Map No. 31839 subject to the City Engineer's acceptance as being true and correct. b) City Council authorizes the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 31839. (10) Restated and Amended Joint Exercise of Powers Agreement for the Steven's Kangaroo Rat (SKR) And Errata Thereto Recommendations: a) Approve the Restated and Amended Joint Exercise of Powers Agreement. b) Approve the Errata Sheet for the Restated and Amended Joint Exercise of Powers Agreement. (11) Resolution Opposing Fiscally Irresponsible State Budget Decisions That Would r "Borrow" Local Government, Redevelopment and Transportation Funds Recommendation: Waive further reading and adopt Resolution No. 2008-82, opposing fiscally irresponsible state budget decisions that would "borrow" local government, redevelopment and transportation funds. (12) Construction Contract Award for Interchange Improvements at Interstate I-15 and Central Avenue (SR-74) Recommendations: a) Award the Interchange I-15 and Central Avenue (SR-74) Improvements to Ortiz Enterprises Inc. for $2,896,561.30. b) Authorize the Mayor to execute the contract with Ortiz Enterprises, Inc. (13) Authorization to Amend an Existing CEQA Contract with HDR, Inc. for the Protect Known as "Watersedge" Recommendation: Staff recommends the City Council authorize the City Manager to amend the existing HDR contract for an additional $78,000 for an updated contract total not to exceed $295,341. (14) Appointment of Approving Bodv for Determinations of Public Convenience and Necessity for the Department of Alcoholic Beverage Control Recommendation: Waive further reading and adopt Resolution No. 2008-83, designating the Planning Commission as the authority for determining Public 4 Convenience and Necessity and authorizing the City Clerk or Director of Community Development to issue letters of Public Convenience and Necessity after a determination is made. (15) General Plan Update Recommendation: Receive and file. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Buckley to approve Consent Calendar Items Nos. 6 through 15. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARING(S) There were no public hearings. BUSINESS ITEM(S) (16) CITY COUNCIL AWAR Public Works Director/City Engineer Seumalo presented the staff report. He indicated the item before City Council was consideration of awarding a contract for the construction of the fire station and community park in the Rosetta Canyon area. He indicated the project included the construction of basketball courts, a baseball field, tennis courts and a fire station building. He indicated staff is continuing working with the contractor in anticipation of bringing forward a change order at the next meeting which will reflect some changes to this project which staff is recommending awarding to Perera Construction. It was moved by Councilman Schiffner, and seconded by Councilman Buckley to award Rosetta Canyon Fire Station and Park to Perera Construction and Design 5 Inc. for $7,451,000 and authorize the Mayor to execute the contract with Perera Construction and Design Inc. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (17) COUNCIL ADOPTS RESOLUTION NO. 2008-84. ADOPTING THE FINDINGS ZCIAL DESIGN .TED ("'~ MISSION TRAIL CENTER Director of Community Development Preisendanz presented the staff report. He reported the architecture of the project will match the architecture of the existing shopping center which has been recently renovated. He stated the project has also been conditioned to include canvass canopies at the drive thru windows and less articulation at each walk-up window. Mayor Pro Tem Kelley stated she was not happy with the design. It was moved by Councilman Schiffner, and seconded by Councilman Magee, to adopt Resolution No. 2008-84, adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE 6 ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Schiffner, and seconded by Councilman Magee, to adopt Resolution No. 2008-85, approving Commercial Design Review No. 2008- 08. The following vote resulted: AYES: COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: MAYOR HICKMAN MAYOR PRO TEM KELLEY ABSENT: NONE ABSTAIN: NONE PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented/announced the following: 1) Thursday, August 28`", Farmers' Market, Historic Downtown Lake Elsinore at Main and Peck Street from 4-7:00 p.m. 2) Thursday, August 28`h, Blazin' August Nights at the Storm Stadium from 3-10:00 p. m. 3) Thursday, August 28`h, the State of The City at the Diamond Stadium from 5-7:00 p.m. Tickets are $25 per person which includes a ticket to the game. 4) Saturday, August 30`h, Music with aView -Concert in the Park at McVicker Park from 7:30-g:30 p.m. 5) Saturday, September 6`h, Music with aView -Concert in the Park at McVicker Park from 7:30-9:30 p.m. CITY ATTORNEY COMMENTS No comments. 7 CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: 1) Requested the City Manager explain the City's involvement with the INS raids in the City. City Manager Brady indicated the City was not involved in this process and indicated the Border Patrol, as a regular part of their routine operations, was enforcing federal law which the City stands behind and supports. Mayor Pro Tem Kelley commented on the following: No comments. Councilmember Magee commented on the following: 1) Indicated the Border Patrol and ICE are both Federal Agencies enforcing federal j law and indicated no one who is obeying the law should ever live in fear in this 1 ( Country or City. He stated he received complaints from residents on Poe and Riley Streets that laborers were diving in their backyards who were trying to evade these law enforcement entities and indicated those people were afraid too. He indicated if those people who were opposed to the Border Patrol actions want results, they need to attend the Democratic and Republican conventions and change the laws. Councilmember Buckley commented on the following: No comments. Mayor Hickman commented on the following: 1) He explained he had asked Fred Dominguez and Miguel at the bakery to go down and get the day laborers off of Main Street and to please move down to Spring Street, but with no lasting results. He indicated a month and a half later, he again asked Miguel and Fred to speak to the laborers again and ask them to move over to Spring Street, and again no results. He indicated he then contacted Congressman Issa's Office. He noted since then, he has received e- mails of 100 and some supporting his actions and zero against. 2) Announced seniors 60 years and older making less than $41,000 are entitled to a property tax rebate. If interested, please call the senior center 674-2526. 8 r- Mayor Hickman adjourned the meeting at 7:51 p.m. =LLEY, MAYOR PRO TEM LAKE ELSINORE / A VIVIAN M. MUNSON, CITY CL CITY OF LAKE ELSINORE ~' f 9