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HomeMy WebLinkAbout04-28-2009 City Council Minutes Page 1 of 19 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES April 281h, 2009 CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, April 28th, 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 Tern Melendez, Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. 5:00 P.M. CONVENE THE MEETING ~I 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 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 (1 B) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section (GOV'T CODE SECTION 54956.9: (1 potential case) Lake Elsinore City Council Regular Meeting Minutes of April 28`h, 2009 Page 2 of 19 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 Tern Melendez, Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. 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, 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. C Lake Elsinore City Council Regular Meeting Minutes of April 28`n 2009 Page 3 of 19 PRESENTATIONS I CEREMONIALS Mayor Magee requested Lake Elsinore Lions Club President Frank Brande come to the podium to present Dr. Robert Joyce and his staff of Mission Optometry with a Certificate of Recognition. Mr. Brande commented on how helpful Mission Optometry has been and have helped hundreds of people in Lake Elsinore to receive the gift of sight. Dr. Robert Joyce introduced his staff in honor of their recognition and stated he had only been with the practice for 3 years and they were assisting the community long before he arrived. He thanked them for being such a wonderful staff and commented how caring they are of their community. Mayor Magee invited Virginia Marshall, a Riverside County Mental Health Department Board Member to accept a Proclamation for "May is Mental Health Month celebration" and give an overview. Ms. Marshall commented that Mental Health affects all people, ages, nationalities, and is the most prominent health problem in America, even greater than heart disease and cancer combined. She stated early detection is essential and how proud she is that Lake Elsinore now has a local Mental Health Clinic. Ms. Marshall stated that recognition of Mental Health increases awareness which will help reduce the stigma of Mental Health. She invited everyone to the clinic to visit the clinic located at 9990 Cummingham i ~ Road. Mayor Magee requested Mark Norton from the Lake Elsinore San Jacinto Water Authority (LESJWA) to give an update of their activities. Mr. Norton reviewed many items which have led to the successful water-quality clean up of their region. Regarding Lake Elsinore, he thanked the City for their positive collaboration and the multi-agency involvement, the removal of the overpopulation of Carp (1.3 million pounds removed) which along with the water quality improvements and the stocking of Stripped Bass has truly made Lake Elsinore's fishing one of the best in the regions. He noted how improvements have been made to maintain the water quality, such as a Destratification System (Phase 1), Chemical phosphorus removed, treatment plant updates, flow pumps, and a water recharge pipeline. He also gave a brief update of improvements made to Canyon Lake, such as dredging and a biological monitoring program. Mr. Norton stated budget allocations are important and hopeful for funding from Proposition No. 84. Mayor McGee asked the Council if they had any questions. Councilmember Buckley inquired how many fish equated to 1.3 million pounds, to which Mr. Norton equated to 600,000 fish. Councilman Buckley commented when he drives along Ortega Highway, at the higher altitude and the aeration pumps are working, the water has lines that is a different color than the rest of the water. I Mayor Magee invited City Staff Information and Communications Mark Dennis to I-I come to the podium to discuss the California Association of Public Information Lake Elsinore City Council Regular Meeting Minutes of April 28`h, 2009 Page 4 of 19 Official Award (CAPIO) award received by the City. Mr. Dennis commented stated CAPIO consisted of 300 various cities and agencies within California and it it was an honor for Lake Elsinore to be recognized. The project that brought the recognition was the Loaner Life Jacket Safety Program. This community project was now well known and a huge success. Not one person has drowned since this program has been implemented. Director of Lake and Aquatics Kilroy came to the podium along with Jay Stewart from the Public Safety Advisory Commission (PSAC). Director Kilroy praised everyone who was involved in implementing the program stating the lake is safer now, although and no one will ever know how many lives have been saved because of the program. Mike Norkin was invited to present the Lake Elsinore's Chamber of Commerce Quarterly Update. Mr. Norkin discussed some of the highlights of the Quarter's accomplishments, such as Frontier Days, and upcoming events such as the Jet Boat Races, the promotion of the Lake by the Fox Sport West Fishing Show, and i a new Chamber magazine instead of a newspaper. In addition he discussed Economic Development and the possible college which may locate here, the positive numbers the Visitor Bureau and the website are receiving and a potential community card to encourage consumers to shop locally. Mayor Magee asked if there were any questions from Council. Councilmember Hickman asked Mr. Norkin if the Chamber's contract was current. It was determined the contract would expire in July and renewal should be discussed in the future. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Steve Manos, Director of the Valley Association of Realtors stated he had prepared a package for each council member regarding a Down Payment Assistance program which would help stabilize the local community. Mr. Manos commented he has had success with other programs for surrounding communities in Riverside County, such as the City of Riverside and Lake Parris. Mr. Manos stated there is funding which must be used by February 27 or it will be swept up by the government. He suggested a Committee be formed to develop and publicize the program to help the city to determine how many local foreclosures exist. Pete Dawson came forward to inform everyone about the Boat Safety program currently in place by the Coast Guard. The program is an 8 weeks and a new class will begin on May 4t' from 7:00 - 9:00 p.m. Class cost range from $75.00 or $115 per couple, includes materials, are full of good information, and involves I boat safety checks. If you have a boat and it passes a compliance inspection at the end of the class, you will be issued a safety card. Completions of these Lake Elsinore City Council Regular Meeting Minutes of April 28th, 2009 Page 5 of 19 courses generally result in a reduction of boat insurance premiums. Mr. Dawson is available for questions at 951-202-1584. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES j None. CONSENT CALENDAR APPROVED Mayor Magee pulled Item No. 9 for clarification. (2) Continuance of City Council Minutes CONTINUED TO MAY 12T", 2009 Continued the following minutes to the May 12th Council meeting. (a) Joint City Council / Redevelopment Agency - March 24, 2009 (b) Regular Meeting of the City Council - March 24, 2009 and April 14, 2009 (3) Warrant List Dated April 15, 2009 Authorized payment of Warrant List dated April 15, 2009. (4) Investment Report - March 2009 Received and Filed. (5) Support of Senate Bill 566 & Senate Bill 669 - Authorized the Mayor to send letters of support to Senator Hollingsworth for Senate Bill 566 and Senate Bill 669. (6) Approval of Parcel Map 36164, A Development by Diamond Professional Plaza for Condominium Purposes (1) Approved Parcel Map 36164 for Condominium Purposes subject to the City Engineer's acceptance as being true and correct. (2) Authorized the City Clerk to sign the map and arrange for the recordation of Parcel Map 36164. (7) Household Hazardous Waste Collection Agreement County of Riverside Waste Management Department Approved the Agreement with the County of Riverside Waste Management Department for collection of Household Hazardous Waste. Lake Elsinore City Council Regular Meeting Minutes of April 28th, 2009 Page 6 of 19 (8) Resolution of the City Council of the City of Lake Elsinore to Vacate and Quitclaim a Portion of Right-Of-Way known as Flint Street - (1) Adopted Resolution No. 2009-14 approving the Summary Vacation of a Portion of Flint Street. (2) Approved the Quitclaim Deed and directed the City Manager to process the document with Riverside County. Passed and adopted the following Resolution: "Resolution No. 2009-14 - A Resolution of the City Council of the City of Lake Elsinore, California, vacating a portion of Flint Street and authorizing the processing of a Quit Claim Deed. " (9) Hybrid Vehicle Purchase PULLED FROM CONSENT CALENDAR (10) Closure of Main Street from Graham to Lakeshore for DMA May 9. 2009 Car Show Approved closure of Main Street from Graham to Lakeshore to host the f--I DMA Route 395 Hotrod Show on Saturday, May 9, 2009. it I (11) Approval of Unallocated Funds for Abatement of Substandard Buildings at 111 Langstaff Street (REAR), and 434 Avenue 5 (1) Approved the use of unallocated funds to complete the abatement of the two structures. (2) Allow the structures to remain and have Code Enforcement j continue to monitor the properties to assure they are secured and free of transient activity. ~I Councilmember Hickman questioned if the owners had been notified. Building and Code Enforcement Manager Chipman verified the owners had been properly notified. Councilmember Bhutta asked Manager Chipman how long staff has known about the need to demolish these buildings stating recently money was transferred out of the proper fund. She questioned if staff was aware of any other future need for demolition. Building Manager Chipman responded that it takes staff approximately four months for the city to go through the legal notification and to prepare. He stated these buildings had not yet reached this stage when the funds were transferred. He stated it is anticipated nuisance abatement action is probable; there will be other properties in the future. I Lake Elsinore City Council Regular Meeting Minutes of April 28th, 2009 Page 7of19 Councilmember Hickman stated he recently drove by the location on 434 Avenue 5 and noted the excessive trash on the property and questioned if the inside of the building was the same. Building Manager Chipman responded yes, the inside of the property is the same. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Bhutta and unanimously carried to approve the Consent Calendar as recommended Continuing Item No. 2 to May 12, 2009 and with the exception of Item No. 9 which was removed from the Consent Calendar for further clarification. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PULLED FROM CONSENT CALENDAR - APPROVED (9) Hybrid Vehicle Purchase (1) Authorized the City Manager to bypass the bid process. (2) Authorized the City Manager to purchase 2-hybrid trucks and 1-hybrid SUV in accordance with the requirements set forth in AB2766 and NPDES Program requirements. (3) Authorized the City Manager to execute any and all documentation on behalf of the City in connection with the purchase of the 2-hybrid trucks and 1-hybrid SUV. Mayor Pro Tem offered clarification regarding purchasing these vehicles, stating the funds are not coming from the City's General Fund. A portion of money is being received from the National Pollution Discharge Elimination System (NPDES) and the balance from the Air Quality Management District. MOTION was made by Mayor Pro Tern Melendez, . second by Councilmember Hickman and unanimously carried to approve Item No.9 which was removed from the Consent Calendar for further clarification. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. II Lake Elsinore City Council Regular Meeting Minutes of April 28t", 2009 Page 8 of 19 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. i (12) Industrial Design Review 2007-04 CONTINUED TO DATE UNCERTAIN Recommendations: (1) Waive further reading and adopt a Resolution adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). (2) Waive further reading and adopt a Resolution approving Industrial Design Review No. 2007-04. Acting Community Development Director Weiner provided an overview of the project to the Council. He indicated the project originally went to the Planning Commission in October 2008. He stated staff recommended denial which was continued by the Planning Commission. Mr. Weiner stated the Planning Commission again continued the item in January 2009 for further analysis and stated in March 2009 the Planning Commission made the findings for approval and the set back issue was addressed through a Variance. Mayor Magee opened the Public Hearing at 7:40 p.m. John Treese, resident of Lake Elsinore spoke in opposition of the project. He stated he submitted to the City Clerk a signed petition with 51 signatures of the Serenity neighborhood who opposed the project. He stated he found only 1 family who was in favor of the project. Mr. Treese stated the project should have been denied based upon staffs recommendation for denial; however the Planning Commission continued the item in October 2008, January 2009, and in March 2009 issued a Conditional Use Permit (CUP) and a Variance allowing four exceptions which allowed the project to continue. He indicated one of the exceptions involved the set-back of the building to allow the design to fit on the property. Mr. Treese stated many reasons why the project should not be allowed, such as a commercial unit in a residential neighborhood, safety related issues such as the drive-way being too small for large vehicles, traffic issues, lack of visibility and the turning lane onto Palomar from Corydon. Jane Elinore, resident of Lake Elsinore spoke in opposition of the project. She addressed the safety issues and the trees which would need to be removed if the _ project is approved. Lake Elsinore City Council Regular Meeting Minutes of April 28th, 2009 Page 9 of 19 Mike Dunn, applicant of the project addressed the council stating they desired to build on that corner and that they have spent a lot of time working closely with the planning staff and stated he appreciated their assistance through out the project. Mr. Dunn stated at this point the issues were resolved. He stated his understanding tonight's discussion was only related to the design of the building. Mr. Dunn went on to give further details of the project and the issues which were resolved for reference: Regarding design, the project was designed by Associates of San Clemente, who were selected because this is a difficult site with the earthquake fault down the middle of the parcel. The architectural firm is if not the Number 1 storage architectural design firm in the country, and then at a minimum they are ranked 2nd or 3`d. He stated this is a good looking design with the purpose of accentuating the seascape, the building goes in and out to create depth, will be heavily landscaped, and vines will grow along the mobile home wall. Mr. Dunn stated the driveway is not too short, the architectural firm did not feel it is a problem and they are the experts who should know. The applicants met 3 or 4 times with Planning Committee regarding the placement of the driveway, which is not in the middle of the property, but at the end where it was determined to be the safest. Mr. Dunn noted the corner will be heavily landscaped and not be an i eyesore, instead will be a good addition due to the Spanish design. _ Mr. Dunn stated they are good to the communities where they have existing business. He further stated he and his partner are good community members, will join the Chamber of Commerce, and noted their commitments to other communities. Mr. Dunn noted he would stay after the meeting to answer any questions that anyone might have. He commented that even though they may not be receiving support from the Serenity neighbors the project is more than meets the eye is terms of what it brings to the community. There being no further speakers regarding this item, Mayor Magee closed the Public Hearing at 7:52 p.m. and brought the item back to the dais for discussion. Councilmember Buckley noted discussion can only be related to the design review since the CUP & Variance were not on the Agenda. He stated he can not support the project due to the landscaping, the bare walls, the driveways and the lack of an on-site manager. He offered further clarification. The wall facing the mobile home park is a dead-space wall, although the vines will eventually grow. He noted the entrance which is too much detraction and should of matched Summerset Street with the exits and stating it is not a good idea to have F1 2 entrances and exits within 500 feet on one side of the street with minimal landscaping. He commented the driveway was 43 feet although rental space is available for a 46 foot vehicle. He noted there would not be an on-site manager Lake Elsinore City Council Regular Meeting Minutes of April 28th, 2009 Page 10 of 19 stating self storages are difficult to manage and to keep clean and graffiti free. Councilman Buckley stated he could not support this project at any location. Councilmember Hickman stated his main concern is the entrance to the facility, the entrance and exists do not correlate with the street, therefore it would be difficult for a big rig to make the turn, especially if towing something. He further stated this project is at wrong location; he would prefer to see a park and could not support this project. Mayor Magee stated that there were 3 options: (1) Deny the project with findings, (2) Approve the project as proposed (3) Approve the project with design modifications, or Mayor Pro Tern Melendez stated there was another option; continue with direction to the applicant to make modifications in respect to the design. Mayor Pro Tern Melendez asked Mr. Seumalo to explain why the driveway was offset. Mr. Seumalo responded stating he had spoken with the City Engineer who did the field review. He commented initially the driveways did align up, but it was determined it was better to have them not align, due to stacking. He further clarified vehicles may be slow while making a left hand turn into the facility. Director Seumalo stated with the driveways as shown, there was not an adverse L offset because there is now separation; the left hand turn happens before you meet the cars not after, the space between Corydon Street was maximized due to a decision made by the field staff. Mayor Magee pointed out that the Planning Commission has already approved the CUP and Variance to allow less landscaping. He stated if he were to approve the project, he would require additional landscaping. He questioned if staff thought the design of the driveway was appropriate and safe. He noted the project does not bring in sales tax revenue and possibly could be argued that it requires more maintenance since there would not be a full-time care taker. He spoke of the mature trees on site which would be eliminated should the project be approved. He stated the Planning Commission amended Condition No. 75 which called for a radar sensitive light that would illuminate the miles per hour of the vehicles on Palomar. Mayor Magee stated should this project be approved, this condition should be re-established. He indicated the project is part of the East Lake Specific Plan developed in 1991 with a specific vision which did not include commercial buildings at this location. Mayor Magee stated he would like to see the item continued or recommend approval with significant modifications. He suggested the project be re-designed to include active and passive recreational areas (which could be enjoyed by residents), additional landscaping to include a minimum of 50 percent coverage through-out the balance of the property, additional improvement and enhancements architecturally, landscaping - added to the rear wall, and upgrades on the Corydon elevation at Palomar. Lake Elsinore City Council Regular Meeting Minutes of April 28`h, 2009 Page 11 of 19 Mayor Magee went on to say that as Mr. Dunn had stated there was more to the project than what meets the eye. He addressed the financial benefit would be property tax, no sales tax increase, and no additional employment. Councilmember Buckley questioned if the project was in alliance with the Multiple Species Habitat Conservation Plan (MSHCP). City Attorney Leibold stated clearance needed to come first before entitlement, and confirmed the MSHCP was done and acceptable. A motion was made by Mayor Pro Tem Melendez to continue Industrial Design Review No. 2007-04 with direction to the applicant to work on the design and to meet with the opposing residents. Motion failed for lack of second. NOTE, THIS MOTION WAS LATER SUPERSEDED MOTION was made by Mayor Magee, second by Mayor Pro Tem Melendez and unanimously carried to continue Industrial Design Review off calendar and request the applicant work with staff and the neighbors, to make Mr. Treese the point of contact, and modify the design to include substantial additional landscaping, architectural enhancements, r recreational activities and preservation of the on-site mature trees. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. III NOES: None. Ron Ambergee, Mike Dunn's partner approached the council unannounced requesting clarification of what the Council was asking them to do, his interpretation was the Council wanted to turn the area into a park. He further stated he is a property owner who has cleared the environmental aspects of the project. He stated he understands the Council was not in favor of this project, and stated the businesses down the street did not have to go through the same requirements further alleging the Council was against business which is in conflict with the Chamber of Commerce who attempts to bring business into a city. Mr. Ambergee further commented that asking him to put a sign out for the speed limit, to his knowledge has never been requested previously in the City of Lake Elsinore. Mr. Ambergee directly asked Council if they had made this request to any other private property owner; to place a speed limit sign on private property and to increase their landscape by 50 percent? Councilman Buckley responded he was not aware of any previous request. L__! Lake Elsinore City Council Regular Meeting Minutes of April 28th, 2009 Page 12 of 19 Mr. Ambergee stated what the Council was requesting was wrong and further stated there were legal entanglements he could foresee coming down the road due to the Council's action. He stated the project was before the Council for the purpose of design only. Mayor Magee asked Mr. Ambergee directly if he was threatening litigation to which he responded no; but then stated if what he had heard was correct and only applied to his project and not others, Council was trying to skirt their dislike for his project and attempt to place the blame things on the design. Mayor Magee stated he said had no response at this time. Councilmember Buckley responded stating he did not like the project; his view was based upon the design, which was why he previously made the comment to airlift the project out when he had discussed it. Mayor Pro Tern Melendez asked if she could make a substitute motion to which Mayor Magee responded substitute motions are heard first. SUBSTITUTE MOTION was made by Mayor Pro Tem Melendez, second by Mayor Magee to continue Industrial Design Review off calendar until discussion could be held with the applicants, developer, and the local residents. AYES: Bhutta, Hickman, Magee, Melendez. NOES: Buckley. APPEAL(S) None. BUSINESS ITEM(S) (13) Amendment to Section 16.83.040. Part A of the Lake Elsinore Municipal Code Regarding the Transportation Uniform Mitigation Fee (TUMF); Adoption of Resolution Setting Transportation Uniform Mitigation Fee Schedule (1) Approved the first reading of an Ordinance amending and restating Section 16.83.040, Part A of the LEMC by title only and waived Fill further reading. I Lake Elsinore City Council Regular Meeting Minutes of April 21 `h, 2009 Page 13 of 19 (2) Adopted Resolution No. 2009-15 establishing the Transportation Uniform Mitigation Fee Schedule beginning July 1, 2009. Public Works Director / City Engineer Seumalo gave an overview stating the Ordinance would amend the Lake Elsinore Municipal Code reflecting the new TUMF fees effective July 1, 2009. Director Seumalo stated fees were reduced for residential, industrial, retail commercial, service commercial, and Class A and B office space. Passed and approved the introduction of an Ordinance: MOTION was made by Councilmember Buckley, second by Mayor Pro Tern Melendez and unanimously carried to approve the introduction of an Ordinance amending and restating Section 16.83.040, Part A of the Lake Elsinore Municipal Code by title only and waived further reading as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. MOTION was made by Councilmember Buckley, second by Councilmember ' Bhutta and unanimously carried to approve Resolution No. 2009-15 establishing the Transportation Uniform Mitigation Fee Schedule beginning July 1, 2009. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Passed and adopted the following Resolution: "Resolution No. 2009-15 - A Resolution of the City Council of the City of Lake Elsinore, California, establishing the Transportation Uniform Mitigation Fee (TUMF) applicable to all developments in the City of Lake Elsinore." (14) Second Reading - Ordinance of the City Council of the City of Lake Elsinore. California. amending Sections 17.08.090. 17.08.160. 17.64.030, 17.68.030. 17.72.030. 17.76.020. 17.80.020, 17.84.020, 17.116 030 17.120.030. 17.124.020, and 17.132.030 of the Lake Elsinore Municipal Code regarding Religious Land Uses - Waived further reading and adopted the Ordinance as listed above: Lake Elsinore City Council Regular Meeting Minutes of April 28th, 2009 Page 14 of 19 r MOTION was made by Councilmember Buckley, second by Councilmember Hickman and unanimously carried to approve Ordinance No. 1259 amending Sections 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, and 17.132.030 of the Lake Elsinore Municipal Code regarding Religious Land Uses as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Adopted the following Ordinance: "Ordinance No. 1259 - An Ordinance of the City Council of the City of Lake Elsinore, California, amending Sections 17.08.090, 17.08.160, 17.64.030, 17.68.030, 17.72.030, 17.76.020, 17.80.020, 17.84.020, 17.116.030, 17.120.030, 17.124.020, and 17.132.030 of the Lake Elsinore Municipal Code regarding Religious Land Use." (15) Second Reading - Ordinance of the City Council of the City of Lake Elsinore Amending Ordinances Nos. 607. 624, 987 and 1249, and Approving and Adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. I - Waived further reading and adopted the Ordinance as listed above: MOTION was made by Councilmember Buckley, second by Councilmember Bhutta and unanimously carried to approve Ordinance No. 1260 amending Ordinances Nos. 607, 624, 987 and 1249, and Approving and Adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. I as recommended. Adopted the following Ordinance: "Ordinance No. 1260 - An Ordinance of the City Council of the City of Lake Elsinore, California, amending Ordinances Nos. 607, 624, 987 and 1249, and Approving and Adopting the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. L" (16) Second Reading - Ordinance of the City Council of the City Of Lake Elsinore amending Ordinances Nos. 671. 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan For Rancho Laguna Redevelopment Project Area No. 11 I 1 Waived further reading and adopted the Ordinance as listed above: i Lake Elsinore City Council Regular Meeting Minutes of April 28`h, 2009 Page 15 of 19 ~i MOTION was made by Councilmember Buckley, second by Mayor Pro Tem Melendez and unanimously carried to approve Ordinance No. 1261 amending Ordinances Nos. 671, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan For Rancho Laguna Redevelopment Project Area No. II as recommended. Adopted the following Ordinance: "Ordinance No. 1261- An Ordinance of the City Council of the City of Lake Elsinore, California, amending Ordinances Nos. 671, 987 and 1249, and approving and adopting the Amended and Restated Redevelopment Plan For Rancho Laguna Redevelopment Project Area No. ll." (17) Second Reading - Ordinance of the City Council of the City Of Lake Elsinore Amending Ordinances Nos. 815. 987 And 1249, and approving and adopting the Amended And Restated Redevelopment Plan For Rancho Laguna Redevelopment Project Area No. III Waived further reading and adopted the Ordinance as listed above: MOTION was made by Councilmember Buckley, second by Mayor Pro Tem Melendez and unanimously carried to approve Ordinance No. 1262 amending Ordinances Nos. 815, 987 And 1249, and approving and adopting the Amended And Restated Redevelopment Plan For Rancho Laguna Redevelopment Project Area No. III as recommended. Adopted the following Ordinance: "Ordinance No. 1262- An Ordinance of the City Council of the City of Lake Elsinore, California, amending Ordinances Nos. 815, 987 And 1249, and approving and adopting the Amended And Restated Redevelopment Plan For Rancho Laguna Redevelopment Project Area No. Ill." PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Barbara Anderson, notified all of the upcoming NAACP Branch # 1034 holding their 5t' Annual Scholarship Awards Banquet on Saturday May 9th at the Diamond Club. Ms. Anderson noted some of the prestigious colleges students were attending. She stated this year's theme is "Education: The Key to Success." Keynote speaker is Dr. Lindsey E. Malcolm of UC Riverside. The time is 3 p.m. to 5:30 pm. Dress is baseball casual with the following game included with the event. Additional information can be obtained from calling 951-440-7895. Lake Elsinore City Council Regular Meeting Minutes of April 281h, 2009 Page 16 of 19 Ms. Anderson also invited all to attend the Temecula Valley Branch of the American Association of University Women for an event full of singing and i dancing to popular Broadway show tunes, such as Cabaret, South Pacific and The Full Monty. She stated those serving refreshments will be staffed by University Women known as "Affiliates" who are returning to the education world and have not yet obtained their Associates Degrees. Proceeds of the funds will help support their endeavor. Additional information can be obtained from calling 951-302-0375. Jess Cuellar, resident of Lake Elsinore, referred to a personal property related matter involving Grand Theft Felony (over $5,000. value) taken from his rental home and sold. He legally evicted his tenants via the judicial system. The Judicial allowed the renters to remain in the home for an additional 3 weeks. During that time they stripped the house of all appliances, fixtures, tools, etc. Police were notified over 1 month ago; however, he stated prosecution has not been forthcoming. He requested the Council to expedite this matter. Mayor Magee responded, stating it is up to the County District Attorney's office to determine prosecution. Mr. Cuellar's issue is both a civil and criminal matter. Mayor Magee referred Mr. Cuellar to Lake Elsinore's Police Chief Cleary; stating if Mr. Cuellar feels he has been mistreated by the Lake Elsinore police to notify j the Mayor. Ann Alfaro, a resident from the City of Riverside, stated she is addressing the Council regarding the Lake Street Market Place, and was contacted by Ms. Araceli Jiminez after reading a recent newspaper article in the Press Enterprise (Ms. Alfaro is running for City Council in the La Sierra, Ward 6 District). In the promotional story regarding Ms. Alfaro, it was mentioned her husband passed away from of Valley Fever which travels by spores. Her husband was diagnosed in November 10 and passed away December 24th. She informed the Council of the seriousness of the disease and requested them to consider this issue when they were making their final decision regarding the project. George McDonough presented to Council an envelope with documentation regarding a new traffic study completed by those opposed to the Lake Street Market Place. He noted the study was conducted from the location of Lake Street and the Alberhill Soccer field. Mr. McDonough stated the professional traffic engineer previously did not fully define the definition of the Markings A, B & C of the existing study. He stated the Mitigated Negative Declaration determined traffic is bad and will continue to get worse. Mr. McDonough expressed his concern regarding Castle & Cooke involving the Home Owners Association of Alberhill regarding the distribution of a survey regarding the proposed project. He commented on a statement made by the proponents of the project stating the - petitions signed by the opposition should be taken with a grain of salt. I Lake Elsinore City Council Regular Meeting Minutes of April 281h, 2009 Page 17 of 19 Mr. McDonough further stated continuing the project for 4 weeks before being brought back to Council is detrimental to the opponents. Araceli Jimenez, a member of the voters against the Lake Street Market Place stated she has addressed many reasons she is against the project in the past, but tonight she is focusing on a personal reason. She referenced the comments of Ms. Alfaro stated earlier and her family's personal concerns regarding seriousness of this disease and the health of her husband who has Valley Fever. Ms. Jimenez requested Council to consider this aspect when making their decision regarding the proposed project. CITY MANAGER COMMENTS City Manager Bob Brady announced the following events to take place in the community within the next week. He stated there were 3 openings on the Public Safety Advisory Commission and noted the qualifications. Applicants be either a resident or own a business within the City limits of Lake Elsinore. Applications are available on the City website or at City Hall at the City Clerk's office and will be accepted from Wednesday, April 29th through Wednesday, May 27th. Original applications are to be returned to the City Clerk's office. City Manager Brady announced The Ronnie Kovack show currently on Fox Sports Network, has been filming "The Miracle of Lake Elsinore's Fishing" and actually caught a record breaking fish, an 8 lb 8 oz Bass. The show is scheduled to air at the end of May. Currently a Saturday morning radio airs on AM Station 8.30 from 5 a.m. to 7 a.m. Mr. Brady thanked everyone who contributed to this promotional opportunity. Wednesday Wal-Mart Grand Re-opening April 29th 7:30am Ribbon Cutting Event 31700 Grape Street Wednesday Southwest California Business Summit April 29th 8:00 a.m. - 2:00 p.m. South Coast Winery 34843 Rancho California Road Temecula, CA 92591 951-461-8300 Nancy Obenberger Saturday NAACP Scholarship Awards May 9th 3:00 a.m. - 5:30 p.m. The Diamond Club 500 Diamond Dr. 951 440-7895 (Sharon) Lake Elsinore City Council Regular Meeting Minutes of April 28th, 2009 Page 18 of 19 Friday Golf with Cops for Kids May 15 7:00 a.m. Links at Summedy 29381 Village Parkway 951-245-3389 Tom Thomas CITY ATTORNEY COMMENTS None. CITY COUNCIL COMMENTS Councilmember Hickman stated the Unity 5K Walk / Run was a success and thanked everyone who helped to organize and all of the participants. He expressed his gratitude specifically to Ms. Maureen Foster Davis from the Lake Elsinore Recreation Department, Ms. Mary Brown from the Elsinore Valley Municipal Water District, and Ms. Jana Klas from Rice Canyon Elementary School for their commitment to the event stating approximately 500 to 700 people were involved. The reminded everyone to participate in the NAACP scholarship funding and thanked the Chamber of Commerce for the success of Frontier Days. I Mayor Pro Tern Melendez thanked the Chamber of Commerce and all those involved in the success of Frontier Days, stating her family attended the event and thoroughly enjoyed it. Councilmember Buckley reminded everyone there a meeting would be held on May 6, 2009 y at 5 .m. regarding the Downtown Master Plan and invited everyone P ryto attend. Representatives from the City Council / Redevelopment Agency, Planning Commission and the Public Safety Advisory Commission would be in attendance. Councilmember Bhutta concurred Frontier Days was a huge success and enjoyed by her family. She congratulated staff for winning the CAPIO award for the Loaner Life Jacket Safety Program and reminded everyone to shop locally. She reminded the community employ good health habits. Mayor Magee then adjourned the meeting. i IJ a Lake Elsinore City Council Regular Meeting Minutes of April 28th, 2009 Page 19 of 19 F1 ADJOURNMENT There being no further business to come before the Council, Mayor Magee adjourned the meeting at 8:41 p.m. The next regular meeting of the Lake Elsinore City Council is scheduled for Tuesday, May 12, 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. obertE. Magee, yor City of Lake Elsi re, California Attest: z_/- Debora Thomsen, CMC-: _ - ~I City Clerk, City of Lake Elsinore; alifornia~, I i I