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HomeMy WebLinkAbout06-23-2009 City Council Minutes Page 1 of 26 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES June 23~d, 2009 I~ CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, June 23rd, 2009 to order at 6:45 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tern Melendez, Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. 6:45 P.M. CONVENE THE MEETING There was no one who wished to speak regarding a Closed Session item. RECESS TO CLOSED SESSION CLOSED SESSION (1) CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9) Voters Against Lake Street Market vs. City of Lake Elsinore (Riverside Superior Court Case No.RIC528604) CALL BACK TO ORDER (7:00 P.M.) Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 2 of 26 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 PRESENT: Mayor Magee, Mayor Pro Tern Melendez, Councilmember Bhutta, Councilmember Buckley (7:05) Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Police Chief Cleary, Fire Chief Hendershot, Information / Communications Manager Dennis. CLOSED SESSION REPORT City Attorney Liebold gave a brief overview of the Closed Session item stating Council met at 6:45 p.m. for discussion and stated there was no reportable action. PRESENTATIONS / CEREMONIALS Proclamation for July is Parks & Recreation Month Mayor Magee requested Parks and Recreation Director Gonzales come to the podium and presented him with a Proclamation in honor of the many services the department completes for the community and their great parks. Mayor Magee stated we recognize the vital contributions of employees and volunteers in parks and recreation facilities. These dedicated supporters keep public parks clean and Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 3 of 26 FI safe for visitors, organize youth activities, provide educational programming on health, nutrition, first aid, and gardening, advocate for more open space and better trails, and fundraise for local improvements. Director Gonzalez thanked the City Council for their support and vision. He also thanked all of the City's Parks & Recreation department staff and volunteers stating their programs have a team approach and community effort. 5-K Run Community Donations Mayor Magee requested Ms. Janna Kaas from the Lake Elsinore Unified School District to help present donations to three very worthy non-profit organizations. Mayor Magee informed the audience the 2009 Unity 5-K and 10-K run was held on Saturday, April 18 with 598 runners and walkers. This year the Run was organized by the City's Parks and Recreation Department with the help of volunteers from the Lake Elsinore Unified School District, the Elsinore Valley Municipal Water District, and by members of the community. The main objective of the run is to promote a healthy and fit lifestyle amongst all ages. This year, one third of the participants were students from the Lake Elsinore Unified School District. The first runner across the finish line was Robert Aniol, a high school student. Each year, a portion of the race proceeds are given to Lake Elsinore charitable organizations. Jana Kaas introduced the non-profit organizations and Mayor Magee presented the checks: Unity in the Community Parade received $500. Representing the Unity Parade are organizers Kathye Aniol and Jeanie Corral. • The Lake Elsinore Valley Education Foundation received $250 for the Genie Kelly Scholarship Fund. Ms. Kelley an educator with the LEUSD; former Mayor and Councilmember has participated along with her students and family members in all Unity 5-K events and is a strong advocate of quality education. Representing the Education Foundation is Chairman Kevin Pape. • Helping Our People in Elsinore (HOPE) will receive $2,000. Representing HOPE is Ron Hewison. HOPE demonstrates at every opportunity that they are an equal opportunity charity as they spend countless volunteer hours year round to help feed the needy in our community while existing on donations of food and minimal financial support. C Ms. Kaas invited everyone to participate next year. The date is scheduled for the 3rd Saturday in April, April 28, 2009. Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 4 of 26 PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Jeanie Corral approached City Council and stated most of the business before the Council is heavy and she wanted them to know that as a resident of the Grove area, she stated it is not wonderful to drive on Dexter Avenue and not hit potholes. She thanked the City Council for their foresight and their funding to get this job done and completed in such a timely matter. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approved the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency May 12, 2009. (b) City Council / Redevelopment Agency SPECIAL Joint Budget Study Session Meeting Minutes May 21, 2009. (3) Warrant List Dated June 15. 2009 Recommendation: Authorized payment of Warrant List dated June 15, 2009. (4) Investment Report - May 2009 Recommendation: Received and filed. (5) Professional Engineering Services - Dave Solomon Recommendation: Authorized the City Manager to enter into a contract with Dave Solomon to provide on-call project management and engineering services on an as needed basis. (6) Professional Engineering Services - Peter Ramey Construction Management Contract Recommendation: Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 . Page 5 of 26 Authorized the City Manager to enter into a contract with Mr. Ramey to provide Construction Management services for the City of Lake Elsinore. (7) Planning Division Professional Service Contracts for 2009-2010 Fiscal Year Recommendation: Authorized the City Manager to prepare and enter into a contract with Kirt Coury, Carole Donahoe, and Linda Miller to provide specialized planning services on an annual basis. (8) Public Meeting on 2009 Justice Assistance Grant Recommendation: Approved the application for these JAG Grant Program Funds offered by the Federal Bureau of Justice Assistance. (9) Appropriations Limit for Fiscal Year 2009-2010 Recommendation: Adopted Resolution No. 2009-032 setting the City's 2009-2010 appropriations limit at $61,354,225. r Passed and adopted the following Resolution: "Resolution No. 2009-032 - A Resolution of the City Council of the City of Lake Elsinore, California, establishing the appropriations limit for Fiscal Year 2009-2010 for the City of Lake Elsinore in accordance with the provisions of Division 9 of Title 1 of the California Government Code." (10) Non Professional Services Agreement - KJ Services Environmental Consulting Recommendation: Authorized the City Manager to enter into contract with KJ Services for Environmental Consulting. MOTION was made by Mayor Pro Tern Melendez, second by Councilmember Bhutta and unanimously carried to approve the Consent Calendar as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. I ! Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 6 of 26 PUBLIC HEARING(S) Notice for all Public Hearing Items listed below has been duly given and Affidavits of Compliance are on file in the City Clerk's office. (11) Tentative Parcel Map No. 36193. Residential Design Review No. 2009-02, and Request for Density Bonus for "Pottery Court" APPROVED Recommendation: 1. Approved Resolution No. 2009-033, Resolution of the City Council of Lake Elsinore, California, adopting findings that the Project is consistent with the MSHCP; and 2. Approved Resolution No. 2009-034, Resolution of the City Council of Lake Elsinore, California, approving Tentative Parcel Map No. 36193; and 3. Approved Resolution No. 2009-035, Resolution of the City Council of Lake Elsinore, California, approving Residential Design Review No. 2009-02. Acting Community Development Director Weiner came forward and spoke about Residential Design Review No. 2009-02. He stated a complete history of the project and comments received and address through the Planning Commission process were part of the information provided to the Council tonight. He stated he was available along with the developer, BRIDGE Housing Corporation for questions. The Mayor opened the Public Hearing at 7:12 a.m. Dick Knapp came forward to speak regarding the Pottery Court project. Mr. Knapp gave an overview of a few property transactions which happened 15 years ago when he was City Treasurer. He stated it cost $9 million to build the Storm Stadium and the land was donated. He further stated in 1989 he found $31 million in principal. He referenced Mr. Pete Weber, the next treasurer who found $8 million in principal. He referred to $100 million dollars with interest, and the price of purchases taken place over the last two years. Mr. Knapp stated the cost for the units were too high, 113 units were to be built with only one slab and one roof, yet 3 stories, for a cost of $239 thousand when the cost should be approximately $80,000. Mr. Knapp stated he had 40 years of real estate experience and knows when things do not add up. He directly asked the City Council to consider the following question; if you pass this project tonight, how many millions of dollars is the Council expecting in kickbacks, stating they would have to answer to the { taxpayers of Lake Elsinore. Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 7 of 26 Betsy Wilson Project Manager from the BRIDGE Housing Corporation came forward to speak but first addressed Mr. Knapp's concerns. She stated there was going to be State, Federal and local funds managed by a non-profit, which is being audited by a 3`d party. All accounts are real and accountable with receipts. She noted the City is spending $4 million of a $27 million dollar project. She stated all of the costs are verified at the State and Federal level and audited. She informed everyone even the auditor is heavily regulated and there are no kickbacks or payments or fees given under the table. Ms. Wilson then presented a PowerPoint presentation to the Council stating BRIDGE Housing Corporation has been in existence 25 years, has an excellent reputation, and has built 13 thousand homes in California. She noted BRIDGE will manage the day-to-day operations of the project. She stated any remaining construction savings will go back to your costs at the end of the day. Ms. Wilson commented building this low income housing project would benefit everyone. Previous studies show low income wage earners employed in the region care about their community and generally 7 percent give back to their communities as volunteers. BRIDGE does not charge rent that exceeds 40 percent of the renter's eligible income. She stated this allows them to create stability and the ability to purchase I goods within the community, which benefits the renter and the community. There will be occupancy limits, your name must be on the lease to live there and maintenance staff will always be present on the property grounds. In addition, there is a good neighbor clause in the lease and stated the project is available to legal residents only. The Mayor then asked if anyone would like to come forward to speak in opposition to the project? None. The Mayor then asked if anyone would like to come forward to speak in favor of the project? None. The Mayor then asked if anyone would like to come forward to speak about the project at all? None. Mayor Magee then closed the Public Hearing at 7:25 p.m. and brought the discussion to the dias. Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 8 of 26 Councilmember Buckley requested to see the employee slide; to emphasis the type of workers who would quality for these units. He stated he is asking to see if a footbridge could be built across the Pottery Bridge so people could cross. Councilmember Buckley stated he is very pleased with the project. Councilmember Hickman stated he appreciated the project noting the City was only contributing $4 million even though the project cost was $27+ million. He stated the City of Lake Elsinore was getting a great return on their money noting there are a lot of people, such as the elderly, City and Water District employees and teachers who will benefit from these units. Councilmember Bhutta commented that BRIDGE has an excellent reputation and has done an excellent job and stated she thinks this is a good quality project. She noted she has seen a similar project on Coronado Island which looks similar to this project. Councilmember Buckley then commented that Mr. Knapp is out of touch; his concerns were offensive and inaccurate. Councilmember Buckley commented in 2008 when the market was at the top, the price had been negotiated down. This did not happen in 2009 when the market had dropped. Mayor Pro Tern Melendez stated that she had 2 questions about the project design. One involved parking, she wanted to know about the visitor parking and how they had come up with 2.52 parking spaces. BRIDGE Manager Wilson commented she had taken the total number of parking spaces and divided them by the number of units, leaving 2 spaces assigned for each unit and the balance for visitor parking. Mayor Pro Tern Melendez stated she wanted to ensure they met the City codes. Mayor Pro Tern Melendez' next question involved the recreation area playground. She stated that as a mother of 5 the area looked small and not large enough, asking if the play spaces could be made larger. She questioned if a play area could be at each end of the project. Bridge Project Manager Wilson commented there were several play areas; the area Mayor Pro Tern Melendez was focusing on is only for Tots. She stated there were other grassy areas to play ball and run around, however, they will look at making the play are more expansive. Councilman Hickman commented that the location is great; you would able to walk on the Riverwalk once that is developed. He again complimented the project. Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 9 of 26 MOTION was made by Mayor Pro Tern Melendez, second by Councilmember Bhutta and unanimously carried to approve Resolution No.2009-033 adopting findings that the Project is Consistent with the MSHCP. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. MOTION was made by Mayor Pro Tern Melendez, second by Councilmember Buckley and unanimously carried to approve Resolution No. 2009-034 approving Tentative Parcel Map No. 36193. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Buckley and unanimously carried to approve Resolution No. 2009-035 approving Residential Design Review No. 2009-02. Passed and adopted the following Resolutions: "Resolution No. 2009-033 - A Resolution of the City Council of the City of Lake Elsinore, California, adopting findings that the project is consistent with the MSHCP." "Resolution No. 2009-034 - A Resolution of the City Council of the City of Lake Elsinore, California, approving Tentative Parcel Map No. 36193." "Resolution No. 2009-035 - A Resolution of the City Council of the City of Lake Elsinore, California, approving Residential Design Review No. 2009-02 for Pottery Court." i (12) Capital Improvement Program for Fiscal Year 2009-2010 through 2013-2014 APPROVED Recommendation: Adopt Resolution No.2009-036 adopting the proposed 5-Year Capital Improvement Program for Fiscal Years 2009-2010 through 2013-2014 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 10 of 26 City Manager Brady noted the Capital Improvement Projects (CIP) is part of the Budget process and introduced Public Works Director / City Engineer Seumalo to answer any questions the Council may have and to go over the changes for this year. Director Seumalo gave an overview of the CIP noting this year the format of the report was different and thanked his staff and the finance departments. He noted May 26`h, the Planning Commission presented a formal finding the CIP conforms to the General Plan. He stated funding sources include development fees from TIMF, TIF, Area Drainage; grants including CDBG, Measure A and Gas Tax; and assessment districts for specific project area. Mayor Magee opened the Public Hearing at 7:32. There was no written request to speak or anyone in attendance, either for or against the report, so Mayor Magee closed the Public Hearing at 7:35 p.m. City Engineer Seumalo spoke about the new report format. He stated that for 2009 and 2010 the pages had been streamlined for efficiency; however there were still some bugs in the program. He recommended everyone reference the Index for clarity when needed. i Director Seumalo stated $13.5 million were going to CIP projects. Each Councilmember had multiple questions regarding specific areas of improvements and what they would like to see. Mayor Pro Tern Melendez commented there were projects listed although they were completed. Director Seumalo stated some projects were completed yet they had excess funds, this is why they were listed in this new format. He referred her to the Section Index where this information was documented listing projects that had been closed. A question then arose regarding the surplus funds from projects that were already completed. Councilmember Bhutta asked Director Seumalo to please prepare a listing of the street improvements noting Street names and timelines for work to be completed this Fiscal Year so the Council could prioritize and place the information on the website. Councilmember Hickman questioned when a traffic signal would be placed at La Strada and Summerhill Road. The builder was responsible but was going to have to wait until further development. Councilman Hickman informed Director Seumalo the school was going to be doing construction over the summer and C was willing to prepay for the traffic light so it could be installed immediately. The safety of the children was in jeopardy. II Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 11 of 26 Mayor Magee had questions on multiple pages, such as Page 7, 11, 16, 19, 27, 35, 39, 41, 42, 59, and 89. The questions were asked by the Mayor for each item and Director Seumalo supplied the answers. I MOTION was made by Mayor Pro Tom Melendez, second by Councilmember Bhutto to adopt Resolution No. 036 adopting the proposed 5-Year Capital Improvement Program for Fiscal Years 2009-2010 through 2013-2014. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Passed and adopted the following Resolution: "Resolution No. 2009-036 - A Resolution of the City Council of the City of Lake Elsinore, California, adopting the Capital Improvement Program for Fiscal Years 2009-2010 through 2013-2014." APPEAL(S) None. BUSINESS ITEM(S) (13) Appointment of Commissioners to the Public Safety Advisory Commission P( SAC) APPOINTED COMMISSIONERS Recommendation: Considered subcommittee recommendations for appointment to the Public Safety Advisory Commission for new term commencing July 1, 2009 and ending on June 30, 2013. Mayor Pro Tern Melendez and Councilman Hickman were responsible for the appointments. There were 5 applicants, Mayor Pro Tem Melendez commented they all did an outstanding job and it was very difficult to make a decision. She stated it was nice to see so many people concerned about their community. Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 12 of 26 Councilman Hickman thanked everyone for coming in and making time for the interviews. Applicants Renee Cummings, Marney Fairchild and Mike Norkin were appointed. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Hickman to appoint applicants Renee Cummings, Marney Fairchild and Mike Norkin to the Public Safety Advisory Commission (PSAC). AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Renee Cummings thanked Mayor Pro Tern Melendez and Councilmember Hickman for their time. Ms. Cummings stated she is new to Lake Elsinore but takes the safety of her City very seriously; not just for her family, but for everyone's family and individuals in Lake Elsinore. Mayor Pro Tem stated Marney Fairchild was not present and Mr. Norkin was out of town. She informed everyone who interviewed they did a great job and wanted them to know it was a difficult decision. She encouraged them to not stop offering to do something for their City. (14) An Urgency Ordinance Authorizing an Amendment to CALPERS Contract to Grant two years of Additional Service Credit for those that are Qualified APPROVED Recommendation: 1. Adopted an Urgency Ordinance declaring authorization to amend the Contract between the Board of Administration of the California Public Employee's Retirement System (CALPERS) and the City of Lake Elsinore regarding the change in benefits of the proposed Contract; and 2. Authorized the Mayor to execute the Amendment to the Contract authorizing two years additional service credit for all Miscellaneous Employees who retire between June 26, 2009 and September 25, 2009. F1 Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 13 of 26 3. Directed the City Clerk, upon adoption of the Urgency Ordinance, approval of CALPERS Contract Amendment, to forward to CALPERS a certified copy of the Urgency Ordinance, and an original Amendment. Acting Administrative Services Director Riley explained the above Ordinance to the City Council. He clarified the City is experiencing a financial challenge, CALPERS is allowing Cities to pass an Urgency Ordinance, which allows the City to add 2 years of service-credit to employees who are 50 years of age or over and have a minimum of 5 years of service. This opportunity is known as the "Golden Handshake." Mayor Pro Tem Melendez asked Acting Administrative Services Director Riley if he was anticipating the employer contribution in CALPERS to increase 15 to 30 percent, and if so, did he know how many years the payment would be spread over. Mr. Riley responded stating the Legislation approved by CALPERS spreads out the increase in 2012. He stated the employer's contribution is 16.845% Mayor Pro Tem Melendez questioned Mr. Riley if the cost could possibly rise to $1 million, to which he replied anything was possible. Fill Councilman Hickman verified the employer pays 16 percent, to which Mr. Riley concurred. Councilmember Hickman questioned if Mr. Riley sees this continuing. Mr. Riley responded the employee's portion is 8 percent according to the Memorandums of Understanding (MOU's). He stated the City is currently required to pay the employee portion along with the City portion. Mr. Riley commented perhaps in the future there would be a 2-Tier Retirement Plan where the employee paid their portion but for now, no, the City is obligated to pay. Councilmember Hickman questioned if how many employees were interested in the Golden Handshake. Mr. Riley responded there was a very strong indication from at least 2 employees that they would accept the 2 years of service. He also commented that there had been many inquiries from other employees, but to date 2 seemed to be extremely interested. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta to adopt the Urgency Ordinance No. 1265. A Roll-Call vote was taken by the City Clerk. I Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 14 of 26 AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Introduced and approved the following Urgency Ordinance: "Ordinance No. 1265 - An Urgency Ordinance of the City Council of the City of Lake Elsinore, California, approving an Amendment to the contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Lake Elsinore to provide Section 20903 (Two Years Additional Service Credit) for Local Miscellaneous Members who volunteer for early retirement to mitigate the number of additional involuntary layoffs that maybe be needed in the City." MOTION was made by Councilmember Hickman, second by Councilmember Bhutta to authorize the Mayor to execute the Amendment to the Contract authorizing two years additional service credit for all Miscellaneous Employees who retire between June 26, 2009 and September 25, 2009. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. 11 NOES: None. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta to direct the City Clerk, upon adoption of the Urgency Ordinance, approval of CALPERS Contract Amendment, to forward to CALPERS a certified copy of the Urgency Ordinance, and an original Amendment. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. (15) The City of Lake Elsinore and the Landscaping and Lighting Maintenance Districts Operating Budgets for Fiscal Year 2009-2010 APPROVED Recommendation: Adopted a Resolution adopting the City of Lake Elsinore's Operating Budget and the Landscaping and Lighting Maintenance Districts Operating Budgets of the City of Lake Elsinore, California, for Fiscal F1 Year 2009-2010. II I Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 15 of 26 Acting Administrative Services Director Riley presented the proposed balanced 2009 - 2010 operating budget. He noted before the budget was finalized for tonight, there had been budget sessions held to appropriately determine how to balance a $3 million deficit. One of these meetings was held on May 21, 2009. Various options are being presented to the Council for determination after meeting with employees, employee Labor representatives, management, and finance. Four options for the City are proposed, and in addition the Police Department has come up with various options. He noted all of the City Staff alternatives included the following assumptions: 1. Reduce Police Services an additional $500,000. 2. Estimate three employees taking advantage of CALPERS Early Retirement Program {"Golden Handshake"). 3. Use one-time funds available of $250,000. These funds have been identified in other funding sources; and 4. Ask personnel to forgo the Cost of Living Adjustments (COLA) of 3 percent and to freeze merit increases for Fiscal Year 2009-2010. Additional assumptions were used for each alternative: r 1. Alternative No. 1 Ten percent Salary Cut 2. Alternative No. 2 Two furlough days a month (24 days) 3. Alternative No. 3 One furlough day a month (12 days) and employee contributions of 7 percent to CALPERS retirement. Director Riley noted the City of Lake Elsinore contracts with Riverside County Sheriffs Department, has come up with 6 scenarios. He noted the Council determined at the May 21st Budget meeting the alternative of the Police Department they preferred was Option No. 6: Scenario No. 6 a. Eliminate a second Motorcycle Officer (2 in total) b. Eliminate the Southwest Corridor Narcotic Task Force Officer. C. Reduce patrol service one (1) additional hour, from 141.85 to 140.85 hours per day. Mr. Riley commented that they were able to take $1.1 million from the "City's Rainy Day Fund" to bring the budget to balance. He further stated the State was anticipating voting on a budget and attempting to take funds from Cities that amounted to $685k. He thought that had been voted down, but stated the State were now looking at taking the gas money permanently, however this also was voted down by Sacramento. The State is now considering taking money from Redevelopment Agencies. Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 16 of 26 F1 Mr. Riley stated the Water and Lighting District's budgets are balanced and staff is continually looking at ways to reduce and balance future costs. Councilmember Buckley asked what the annual cost was for one motorcycle police, the answer is approximately $225 thousand. Councilmember Buckley then inquired about the money savings from forgoing the Cost of Living Adjustments (COLA). Mr. Riley responded it is approximately 3 percent, which is approximately $200,000 including benefits. Councilmember Buckley questioned the money associated with the upcoming Animal Shelter, asking about the Development Impact Fund (DIF) (Item 4 on Page 3) $408,024.53 stating perhaps this money could be designated to roll over to the fiscal year stating a great portion was for capital use which should be legal to use this way. Councilmember Buckley then asked how much funding was in the budget for July 4m Fireworks and the cost. Mr. Riley responded this was not funded in this new budget. Councilmember Buckley said that he had spoken to Storm management and asked them if the City could use their firework contractor for Lake Elsinore to do a firework show over the lake. They concurred for a cost of $15 thousand. Councilmember Buckley stated he would like to see this added to the budget since it is something everyone looks forward to and benefits all residents. Councilmember stated he is willing to fund the fireworks show, willing to pull $240 thousand out of the reserves for the fireworks and to fund one motorcycle patrol officer since the budget would be gaining $408,024.53 from the animal shelter. He would also be willing to fund COLA's for the employees. Councilmember Hickman expressed concern regarding the State returning to take additional funds. Mr. Riley stated he was worried about the State taking the gas tax. Councilmember Hickman questioned if the State kept taking funds from the City if Lake Elsinore would be forced to lay-off at that point? Mr. Riley responded that he would seek the advice of Council and look for other alternatives. Councilmember Hickman informed Mr. Riley he definitely wanted him to come back in September and update Council of the budget status. It was determined any further cuts or reductions would be discussed at that time. Councilmember Hickman asked if the Storm Stadium would be having a 4m of July fireworks show. Councilmember Buckley responded the Storm was having their firework show; however because of the location not all of the residents could see their display. Councilmember Hickman noted City employees giving up 2 days pay (furlough). He then commented that he wasn't willing to pull any more money out of the Reserve Funds and verified the balance. Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 17 of 26 Councilmember Bhutta expressed concern the City's budget is dismal and staff have been working as a team very hard to determine alternatives. She stated everyone wants to keep the Motorcycle Patrol Officer but the funding just wasn't there noting all City staff are giving up 2 days a month (24 days a year) which is ten percent of pay. She went on to say public safety is a priority and they are hoping grant money will come along. Mayor Pro Tern Melendez stated that the Cities estimated decline in property tax was 5% however, she read in the newspaper today (6/23/09) that it was 8-10% and wanted to know if Mr. Riley had heard any more about the amount. Mr. Riley stated the Cities projection was 5 percent and they would have a better idea in a few months. Mayor Pro Tem Melendez requested Mr. Riley to call Sacramento to find out why their amount is different. Mayor Pro Tem Melendez stated she heard the budget in Sacramento would go to a vote, but not probably for a few days. She then stated that she was not comfortable with the police department budget reductions and asked Police Chief Cleary to speak about the reduction. Chief Cleary responded stating that he didn't know if he could make her feel better, yes there is a direct reduction is the motor patrol enforcement arms. This will directly affect traffic in and about the local schools; officers in units (cars) are not as effective as the motor patrol. He stated that the City will still have motor patrols, but they will be down one motor. He then commented about the narcotics officer. He said he felt it was better to take a reduction there. He said that it could/would affect the number of people who sell drugs out of their homes or prostitution which in the big picture is not as much of a priority as life services and protection. He also stated that in determining what to cut he had to deal with trying to anticipate the behavior of the community. He said even at the end of the day, he felt the City was still in good shape. In the big picture the City Police Department is still able to deal with the quality of life issues, he said there just will not be as many police. He then stated that he hoped that everyone listening tonight would understand what he was saying. He stated that residents needed to pick up the telephone and call them if there were problems and tell them what was going on in their neighborhoods so they could respond to it. Mayor Pro Tern Melendez then asked if Chief Cleary had heard of the Federal Grant Program, "Cop Universal Hiring Program" which funds entry level police. Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 18 of 26 Police Chief Cleary responded they had previously looked into it, but there were too many strings attached. A representative from the Ferguson Group stated they were aware of the program; it was closed for this year, and wouldn't reopen until October 2010. Mayor Magee stated the budget has declined by 16 percent, cuts had to come from somewhere and he thanked all of the employees who recognized the dilemma and stepped up to forgo cost of living increases. He thanked the Contract employees who had 2 or more years left on their contract but yet they stepped up and renegotiated their contract to take the cuts and furlough days. He continued to say he hoped the economy was turning the corner and turning around for the better. Mayor Pro Tern Melendez then said there were too many future increases, there was the animal shelter, CALPERS, property taxes were lower and this budget deficit has made the City shaky. Mayor Magee confirmed there were no further comments, and requested the Motion and vote exclude the line item for the Trauma Intervention Program (TIP); he did not want to be involved in a conflict of interest, therefore, he would step away while a separate vote be taken for TIP. This was concurred by all. MOTION was made by Councilmember Bhutta, second by Councilmember Hickman to adopt Resolution No. 2009-037 adopting the City of Lake Elsinore's Operating Budget and the Landscaping and Lighting Maintenance Districts Operating Budgets of the City of Lake Elsinore, California, for Fiscal Year 2009-2010 excluding the line item for the Trauma Intervention Program's funding. AYES: Bhutta, Buckley, Hickman, Magee. NOES: Melendez. Mayor Magee asked Mayor Pro Tern Melendez to run the meeting then stepped out of the room avoiding a Conflict of Interest. The Council briefly discussed TIP and voted to maintain the TIP budget as is. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta adopting the City of Lake Elsinore's Operating Budget and the Landscaping and Lighting Maintenance Districts Operating Budgets of the City of Lake Elsinore, California, for Fiscal Year 2009-2010 including to maintain the line item as recommended for the Trauma FJ Intervention Program's funding. Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 19 of 26 AYES: Bhutta, Buckley, Hickman. NOES: Melendez. Passed and adopted the following Resolution: "Resolution No. 2009-037 - A Resolution of the City Council of the City of Lake Elsinore, California, adopting the City's Operating Budget and Landscaping and Lighting Maintenance Districts Operating Budgets of the City of Lake Elsinore, California, for the Fiscal Year 2009-2010." (16) Professional Services Agreement with the Ferguson GroUD for Washington. D.C. Lobbying Services APPROVED ALTERNATIVE NO.2 Recommendation: Consideration of Alternatives: • Alternative 1. Authorize the City Manager to enter into a Professional Services Agreement with the Ferguson Group from July 1, 2009 through December 31, 2009 at the proposed tier one rate to support the City's pending Fiscal Year 2010 Federal Agenda; reconsider agreement service levels and rates at mid-year (effective January 1 - June 30, 2010); • Alternative 2. Suspended Washington, D.C. lobbying services in Fiscal Year 2009-2010, but continue to monitor pending federal appropriations requests; evaluate Federal Fiscal Year 2011 Washington, D.C. lobbying Strategies, alternatives and opportunities to consider at mid-year or next Fiscal Year. City Manager Brady stated the City of Lake Elsinore had an Agreement with the Ferguson Group for several years regarding the Federal agenda. The budget included six months of funding ($12 thousand) which would cover the period July 1, 2009 through December 31, 2009. Tonight the Council needs to review the Alternatives concerning the future of their Professional Services Agreement with the Ferguson Group. Ms. Christy Moore was present to answer any questions the Council may have before determining. Christy Moore gave a brief overview of the political climate and informed the Council of the status of their previous requests. She stated that we are in the middle of the Fiscal Year 2010 appropriations cycle and Congress was in the midst of considering each individual bill. Unfortunately, the City submitted 4 requests to Congressman Issa and Senators Feinstein and Boxer. None of Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 20 of 26 F1 these were prioritized and Congressman Issa sustained from the appropriations process completely, which was not anticipated. He had sustained from the process because of the uncertainty of the new government. This came as a huge disappointment, in the past Congressman Issa was responsible for $340 thousand in revenue earmarks to his constituents. Congressman Issa additionally sustained from the Transportation Authority which was part of the City's agenda. Christy Moore further stated Lake Elsinore had 2 other projects and priorities the Council voted on. One was the Transportation Authorization Bill and the Inlet Channelization Project. The Transportation Authorization Bill had prioritized the Railroad Canyon Interchange. She stated the Senators had not yet taken any action, when they did, there would be an opportunity for the Ferguson Group to prioritize the item, and therefore action from the Senate was still possible within the next several months. The Inlet Channelization Project involves the Corp of Engineers to come look at and possibly fix the Channel. She noted authorization was first required before anyone could look at the project. She stated the process is still in the initial stage and the Ferguson Group does not know what Congressman Issa's position will Ir- be or any funding mechanism which would be necessary. L li Councilmember Buckley stated he felt scaling back on any Washington DC efforts now would be a mistake. He referenced an example of many buckets of money being thrown out of Washington DC and now was not the time to leave. He further stated he had gotten the impression from Senator Feinstein's staff they understood the Railroad Canyon Interchange and how important it was for the regional area. He stated California was going to receive most of the High Speed Rail funds regardless if it went to Anaheim or served the entire state. Councilmember Buckley stated he had been approached by several other Districts regarding partnering projects and was interested in considering those options. Councilmember Buckley noted he was in favor of Alternative 1 to get through 2009. Councilmember Bhutta questioned Ms. Moore if she had any idea or anticipation when the Senate may call for projects. Ms. Moore responded she did not; j Senator Boxer was the Chairman of the committee and last year she started the process early to determine what projects California had. Ms. Moore further commented the House of Representatives call for projects is late as well noting last year they were late leaving a 4 week turn-around to meet the deadlines. Councilmember Bhutta questioned Ms. Moore if they were prepared to work that way again. Ms. Moore responded yes, last year was a good experience and they already have much of the information prepared. Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 21 of 26 Councilmember Hickman questioned Ms. Moore if the City of Lake Elsinore had already received the $340 thousand check from the earmarked money for the Emergency Operation Center (EOC) and 1-15 Interchange or if the funds were still pending in a Bill. Ms. Moore responded stating the funding should arrive within the next 4 to 6 months. She stated Bills pass late and noted the $237 thousand for the Railroad Canyon Interchange may arrive in future fiscal years depending upon Caltrans and future project development. Ms. Moore commented Congressman Issa was not the only Congressman who had sustained from the appropriations process. Councilmember Hickman commented he was in favor of choosing Alternative 1 and revisit in December 2009 and future decisions. He stated the Ferguson Group is similar to a program in which you don't always see the results immediately. Mayor Pro Tern Melendez stated that the City needed $250 thousand for the EOC yet they have been promised $100 thousand. Regarding the 1-15 Interchange and the Railroad Canyon Interchange, the City needs $3 million and has received $237,500 thousand. She noted the Ferguson Group was hired to obtain earmarks which do not always change the bottom line, how the pie is cut and which size of a slice you receive. Mayor Pro Tem Melendez noted a City or County should not be compelled to pay a lobbyist to do the job when their own Congressmen who was voted to do a job failed to represent his constituents. She stated she didn't know how successful the Ferguson Group could be without the support of Congressman Issa comparing the situation to a luxury car the City could not afford. Councilmember Buckley requested information from City Manager Brady regarding the EOC Federal funds. City Manager Brady responded an update could be provided. Ms. Moore clarified how the money was requested, stating the City requested money to use for technology and when the next request was submitted there would be an overlap, therefore the funds were reduced with $150 thousand pending in Fiscal Year 2010 and $100 thousand could be used for technology at any point. Councilmember Buckley stated the Transportation Authorization Request is not an earmark, He further stated the Cops Program is not an earmark and to pigeonhole any funds received as earmarks is not correct. Mayor Magee then spoke; stating when he looks at an organization he looks at everything and commented the money the City had spent on the Ferguson Group has been a good investment. He continued stating after they invested in the (j Ferguson Group; the City's own Congressman stated he wasn't going to be there L to help fund projects. Mayor Magee stated the Congressman had let the City down. He stated the Transportation Committee will not vote for 18 months and Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 22 of 26 without Congressman Issa's participation the City had no chance to receive funds. Mayor Magee then stated with due respect, he cannot support the Ferguson Group. MOTION was made by Councilmember Buckley to approve Alternative 1, due to a lack of a second, the motion failed. MOTION was made a by Mayor Pro Tern Melendez, second by Councilmember Bhutta to ' approve Alternative 2 to suspend Washington, D.C. lobbying services in Fiscal Year 2009-2010, but continue to monitor pending Federal appropriations requests; evaluate Federal Fiscal Year 2011 Washington, D.C. lobbying Strategies, alternatives and opportunities to consider at mid-year or next Fiscal Year. AYES: Bhutta, Hickman, Magee, Melendez. NOES: Buckley. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Donald Ketch spoke stating he received a 24 hour notice to vacate his premises due to his lack of gas utilities. He stated the notice was signed by Mr. Robin Chipman and felt he had a right to be in his home, even if he couldn't afford the gas. Mayor Magee referred him to Acting Community Development Director Weiner and stated if it was due to Health or Safety the Code Enforcement department had the right to evict people from their residence. Mayor Magee stated if Mr. Ketch was still unhappy after meeting with staff to let the Mayor know the status. Wayne Williams requested to speak with respect to amending Lake Elsinore's medical marijuana dispensary ban. He started a PowerPoint presentation with the front page showing a Marijuana leaf to which Mayor Magee immediately responded requested staff to turn the presentation off. The Mayor stated he was not prepared to show a presentation regarding Marijuana to the valley. The Mayor informed Mr. Williams he was welcome to speak his comments. Mr. Williams continued stating Proposition 215 was a voter initiative passed in 1996 establishing medical cannabis should be decriminalized. He further stated in 2004 AB 420 recognized a qualified right to collective and cooperative cultivation of medical marijuana. He stated he had a petition and literature and would make a copy to give to the City Clerk for the Council. I I Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 23 of 26 I I Mr. Terry Hensley brought a speaker to read a letter to the Council since he was deaf and mute. The letter stated he needed medical Marijuana due to his injuries sustained in a car accident. He currently was using delivery services, but there were many times when this was not an appropriate thing to do and they were not trustworthy. He requested a legal dispensary. Michelle Milbrath stated she had been injured since 2004 and medical marijuana helped her deal with her pain. She said it was difficult for her to find collectives or dispensaries and requested a local facility. Mark Chavez stated he is in need of medical marijuana, due to a rare spinal cord injury; there are less than 20 people in the country with his disease. Medical science believes he should not even be walking. He recently was mugged after picking up his monthly allotment of prescriptions from the pharmacy and stated the complete robbery was witnessed. Because it was a robbery, his insurance refused to cover replacement medications which totaled $6,000. He was forced to turn to medical Marijuana to handle the pain because he couldn't afford to replace the medication on his own, but feels if marijuana is medically needed; a local dispensary should be considered. Mary Myers used.to take a prescription of 240 Vicodin for pain which she no longer needs after switching to taking medical marijuana. She feels much better and walked a petition requesting signatures on her street. CITY MANAGER COMMENTS Wednesday Movies in the Park - "Kung Fu Panda" June 24 7:30pm - 10:00pm Summerlake Parks 900 W. Broadway 951 245-0442 Movies in the Parks will be hosted every other Wednesday at Summerlake Park. The event is free, so come join in the fun; grab a blanket and join us for a movie under the stars. Thursday All Chamber Mixer June 25 5:30 pm - 9:30 pm The Diamond Club (951) 245-4487 Dave McCrory Admission Price: $10.00 Reservations Required Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 24 of 26 Join the Lake Elsinore Valley Chamber of Commerce at their Annual All Chamber Mixer hosted by the Lake Elsinore Hotel & Casino. Your entry includes; refreshments, appetizers, free Black Jack & Texas Hold-em tournaments and a ticket to the Storm Baseball Game. Sat / Sun Lucas Oil Off Road Series June 27/28 9:00 am Lake Elsinore Motorsports Complex 31919 Cereal Street Lucas Oil Off Road Series will be held at the Lake Elsinore Motorsports Complex. This event should prove to be a fun and exciting day for the whole family. Saturday Patriotic Boat Parade July 4 8:00 pm Seaport Boat Launch 951 674-7730 Lake & Aquatic Resources $5 parade entry Reservations Required The City will be sponsoring a PATRIOTIC BOAT PARADE OF LIGHTS on the Fourth of July. The Boat Parade will begin at sunset, off the waters of the Seaport Boat Launch. All participants will receive a commemorative ribbon for participation and trophies for win, place and show will be awarded for the best decorated boats. Participants in the boat parade will need to be pre-registered. Entry forms are available on the City's website or City Hall. The Boat Parade is limited to 30 participants. The entry form must be received at the City no later than Wednesday, July 1, 2009. Saturday Awesome 80's Show July 11 7 pm Diamond Stadium 951-245-4487 Admission Price: $25 - $100 This show will feature Berlin, A Flock of Seagulls, Gene Loves Jezebel and Dramarama. Special Diamond Stadium guest host is Richard Blade from KROQ & Sirius Radio. City Manager Brady also noted multiple listings of times and Channels the Ronnie Kovack show would air the Lake Elsinore program. Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 25 of 26 CITY ATTORNEY COMMENTS None. COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Councilmember Hickman remarked on the Flag display on Main Street and thanked the Storm for bringing in additional entertainment, which he feels will be successful. . Councilmember Buckley responded to questions which were previously asked, and spoke regarding the comparison of alcohol and tobacco to marijuana which many people interpret as a sin, the better comparison would be aspirin or Sudafed. Councilmember Buckley requested an update regarding the status of the Marijuana changes. I He referred to a recent newspaper article regarding the illegal signature collecting regarding the Recall campaign. He noted if anyone has any questions, information to pass on he has set up a website, I Don't Recall at ca.rr.com. City Attorney Leibold stated the Federal government has recently asked states not to prosecute. There is still a disconnect between Federal and state law and she will put together an update regarding the status. Currently, a case is pending in Anaheim, which is being watched closely. Ms. Leibold stated this case should be determined by the end of the year. Councilmember Bhutta reminded everyone to shop locally and thanked the Council for passing the SmartCard. She requested everyone to have a safe and happy 4t' of July. Mayor Magee thanked everyone for their attendance and decorum and adjourned the meeting. ~i Lake Elsinore City Council Meeting Regular Meeting Minutes of June 23, 2009 Page 26 of 26 ADJOURNMENT There being no further business to come before the Council, Mayor Magee adjourned the meeting at 9:31 p.m. The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday, July 14, 2009, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Robert E. Magee, yor City of Lake Elsinore, California Attest: Debora Thomsen, CIVIC City Clerk, City of Lake Elsinore, California `