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HomeMy WebLinkAbout07-28-2009 City Council Minutes Page 1 of 11 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES July 28th, 2009 CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, July 14th, 2009 to order at 5:00 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: Mayor Pro Tern Melendez. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Acting Administrative Services Director Riley, Fj Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Information / Communications Manager Dennis, Building and Code Enforcement Manager Chipman. 5:00 P.M. CONVENE THE MEETING There was no one who wished to speak regarding a Closed Session item. CALL TO ORDER - 5:00 P.M. RECESS TO CLOSED SESSION CLOSED SESSION (1) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 case Lake Elsinore City Council Meeting Regular Meeting Minutes of July 28, 2009 Page 2 of 11 r- CALL BACK TO ORDER 7:00 P.M.) PLEDGE OF ALLEGIANCE The pledge of Allegiance was led by Mr. Jerry Harmatz. I INVOCATION - MOMENT OF SILENT PRAYER The Mayor led the audience in a moment of silent prayer. ROLL CALL All Council members were present with the exception of Mayor Pro Tern Melendez as noted by City Clerk Thomsen who declared a quorum was present. PRESENT: Mayor Magee, Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: Mayor Pro Tern Melendez. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. I 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 and Building and Code Enforcement Manager Chipman. CLOSED SESSION REPORT City Attorney Leibold stated the item which was scheduled for Closed Session had been postponed as announced in the Joint Study Session at 4 p.m. L Lake Elsinore City Council Meeting Regular Meeting Minutes of July 28, 2009 Page 3 of 11 i PRESENTATIONS / CEREMONIALS Public Recognition of Code Enforcement. Fire and Police Department personnel: Mayor Magee called the personnel involved to the podium for Public Recognition for their part which saved the lives of 2 people. He gave a detailed account of the incident: Upon arriving at the residence they noticed a generator running inside the garage and the strong smell of fumes from the exhaust. An extension cord was run from the garage and illegally tied into the main electrical panel. No one answered the door, but there were two cars in the driveway. After banging on all the doors and windows City Staff were able to find an open side door to the garage to get in and shut off the generator. They suspected that someone was in the house and feared that the fumes may have overcome them. Those involved were Code Enforcement and the Fire and Police Department: Riverside County Fire Riverside County Sheriff Department / Cal Fire Department / Lake Elsinore Captain John Crater Sergeant David Kurylowicz Engineer Matt Agozino Corporal Jennifer Cole Firefighter Joe Whitaker Deputy Joshua Morales Deputy Michael Dean City Code Enforcement Code Enforcement Officer Irma Salazar Senior. Bldg Inspector Bill Belvin Lake Elsinore Grand Prix - Storm Stadium: Mayor Magee called Storm President Dave Oster and Bruce Kessman to the podium to discuss the proposed 2009 Grand Prix. They expressed their desire to hold the Grand Prix event gave an overview of what they had planned to date. The event would be held October 10th and 11th. They provided a diagram of a revised route from what had been used in the past. The new route excludes the downtown area, is approximately 7 miles, and starts and ends at Storm Stadium. The start heads north along the lake's inlet channel, turns west, then north, crosses Lakeshore Drive, up Country Club Drive hill, crosses Franklin Street, turns south, east, and then back to the stadium to finish. The course was mapped with the advice of city officials as well as off-road racers.. They noted some street closures would be necessary and requested the community's input including those who would like to help sponsor the event. They noted they would keep the stadium open, and have vendors available. Mayor Magee noted his support for the event and agreed to meet with Storm representatives to Lake Elsinore City Council Meeting Regular Meeting Minutes of July 28, 2009 Page 4 of 11 determine a mutual date to hold a community meeting, which will be advertised in the newspaper and the City and the Storm's websites as well. Chamber of Commerce Quarterly Update: Mayor Magee announced this item has been rescheduled. I I PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE I Mr. Jerry Harmatz spoke regarding his recent illness and recovery and thanked everyone who had sent him flowers and their prayers and helped his recovery including the Dr.'s and nurses at the Inland Valley Regional Medical Center. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES There was no one present who wished to speak regarding an agenized item. CONSENT CALENDAR APPROVED (2) Approval of City Council Minutes Recommendation: Approved the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency June 9, 2009 (b) Regular City Council Meeting Minutes June 9, 2009 (3) Warrant List Dated July 15, 2009 Recommendation: Authorized payment of Warrant List dated July 15, 2009. (4) Investment Report Dated June 30, 2009 Recommendation: Received and Filed. (5) Dexter Avenue Improvements Construction Notice of Completion Recommendation: 1) City Council approved Change Order No. 1 for $65,031.35 for Hillcrest Contracting. 2) Authorized the City Manager to execute Change Order No. 1 with Fill Hillcrest Contracting. Lake Elsinore City Council Meeting Regular Meeting Minutes of July 28, 2009 Page 5 of 11 3) City Council requested the Mayor to sign the Notice of Completion and directed the City Clerk to file the Notice of Completion with the County Recorder. (6) Resolution Confirming Fiscal Year 2009-2010 Special Taxes for: CFD 88-3 West Lake Elsinore Public Improvements 3 Phases CFD 95-1 Lake Elsinore City Center Public Improvements CFD 98-1 Summerhill Public Improvements CFD 2003-1 Law Enforcement, Fire and Paramedic Services CFD 2003-2 Canyon Hills CFD 2004-3 Rosetta Canyon CFD 2005-1 Serenity CFD 2005-2 Alberhill Ranch CFD 2005-5 Villages at Wasson Canyon CFD 2005-6 City Center Townhomes CFD 2006-1 Summerly CFD 2006-2 Viscaya CFD 2006-5 Parks, Open Space and Storm Drain Maintenance CFD 2007-6 Holiday Inn Express Recommendation: F1 Adopted Resolution No. 2009-46 requesting the Tax Collector of the County of Riverside to place special taxes on the bills of certain properties within the CFD. Passed and adopted the following Resolution: "Resolution No. 2009-46 - A Resolution the City Council of the City of Lake Elsinore, California, requesting the Tax Collector of the County of Riverside to place Special Taxes on the bills of certain properties within the CFD." (7) Resolution to Approve Placing Delinquent Refuse Bills on Fiscal Year 2008-2009 Tax Roll Recommendation: Staff recommended the City Council approve Resolution No. 200947 and instructed the City Clerk to file a certified copy of the Resolution with the Riverside County Auditor along with the 120-days past due accounts report. Lake Elsinore City Council Meeting Regular Meeting Minutes of July 28, 2009 Page 6 of 11 Passed and adopted the following Resolution: "Resolution No. 2009-47 - A Resolution the City Council of the City of Lake Elsinore, California, affirming the report of delinquent residential refuse fees and directing their collection on the Property Tax Rolls." (8) Consideration of Objections and Confirmation for the Placement of Delinquent Charges on Property Tax Bills Recommendation: The City Council adopted Resolution No. 2009-48 for Weed Abatement Cost Recovery and directed staff to place Special Assessments against the properties listed in the itemized report on file with the City Clerk's office. Passed and adopted the following Resolution: "Resolution No. 2009-48 - A Resolution the City Council of the City of Lake Elsinore, California, confirming an itemized written report showing cost of weed abatement, confirming the itemized written report for each separate parcel of land required by Section 39574 of the Government Code of the State of California, and providing that the costs thereof on each parcel of land shall constitute a Special Assessment Lien against said parcels of land pursuant to Section 39574 of the Government Code of the State of California, and providing for the filing of said assessments as provided in said Government Code." MOTION was made by Councilmember Hickman, second by Councilmember Bhutta and unanimously carried to adopt the Consent Calendar as recommended. AYES: Bhutta, Buckley, Hickman, Magee. NOES: None. ABSENT: Melendez. PUBLIC HEARING(S) (9) Zoning Ordinance Text Amendment No. 2008-04: A request to repeal Chapter 19.08 and add a new Chapter 19.08 in order to adopt the State of California's Model Water Efficient Landscaping Ordinance Recommendation: CONTINUED TO A DATE UNDETERMINED F1 Staff requested the City Council continue Zoning Ordinance Text Amendment No. 2008-04 to a date to be determined to allow the Lake Elsinore City Council Meeting Regular Meeting Minutes of July 28, 2009 Page 7 of 11 Department of Water Resources (DWR) sufficient time to find the proposed Ordinance is consistent with the California Model Water Efficient Landscape Ordinance. MOTION was made by Councilmember Bhutta, second by Councilmember Buckley and unanimously carried to continue the item to a date undetermined as recommended. AYES: Bhutta, Buckley, Hickman, Magee. NOES: None. ABSENT: Melendez. APPEAL(S) None. BUSINESS ITEM(S) (10) Request to Grant an Exception to Serve Alcohol at McVicker Park for Music with a View Concerts APPROVED Recommendation: Fill Approved a request to grant an exception to serve alcohol at the Music with a View Concert Series. Parks and Recreation Director Gonzales gave an overview of the "Music with a View Concert Series" stating how successful the event had become. He noted in the past the City had allowed the Elsinore Valley Arts Network (EVAN) to have fundraisers by selling beer and wind at the event. He stated EVAN had made the same request this year, and based upon the success of the event the City is willing to recommend the exception to allow EVAN to serve alcohol. Barbara Middlebrook, President of Elsinore Valley Arts Network (EVAN) thanked City Staff and the City Council for their support in past years. She stated this year there were 4 events planned at McVicker Park; 7:30 to 9:30 p.m. She gave the dates and the artists performing as listed below. She referred anyone with questions to contact their website; www.musicwithaview.com August 15 Steve Oliver Jazz August 22 The Missiles of October Blues, Jazz, R&B, Pop, Folk Fill August 29 Cody Bryant Band Country Western September 5 Inland Valley Symphony with two Soloists Lake Elsinore City Council Meeting Regular Meeting Minutes of July 28, 2009 Page 8 of 11 I MOTION was made by Councilmember Buckley, second by Councilmember Hickman and unanimously carried to grant an exception to allow alcohol to be served at the "Music with a View Concert Series" as recommended. AYES: Bhutta, Buckley, Hickman, Magee. NOES: None. ABSENT: Melendez. (11) A Resolution of Support for Assembly Constitutional Amendment (ACA) 8 Jeffries APPROVED Recommendation: City Council adopted Resolution No. 2009-49 supporting ACA 8. Mayor Magee noted this was the second year our local Assemblyman Jeffries had tried to get this bill to be heard by the Assembly. He noted the Speaker still has not granted him an opportunity to meet. Mayor Magee stated by passing this Resolution would demonstrate the support of local government to this issue. Chris Hyland spoke regarding the importance of this Resolution passing to support our local representatives and to ensure the State of California government abide by the same set of rules applicable to Government Agencies and Water Districts within California. MOTION was made by Mayor Magee, second by Councilmember Hickman and unanimously carried to adopt Resolution No. 2009-49 in support of Assembly Constitutional Amendment (ACA) 8. AYES: Bhutta, Buckley, Hickman, Magee. NOES: None. ABSENT: Melendez. Passed and adopted the following Resolution: "Resolution No. 2009-49 - A Resolution the City Council of the City of Lake Elsinore, California in support for Assembly Constitutional Amendment 8." Lake Elsinore City Council Meeting Regular Meeting Minutes of July 28, 2009 Page 9 of 11 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES There was no one present who wished to speak regarding an non-agenized item. CITY MANAGER COMMENTS Thursday Small Biz Finance Essentials July 30 4:00 p.m. Lake Elsinore Library Community Room (951) 674 4517 Tom Please join Jim Savage, Business Technology Expert, as he discusses the essential technologies for helping your business succeed and the financial software available on the market today. He will also explore the reasons most businesses fail and how you can prevent it. Coffee, snacks and a raffle prize will be available. Saturday Household Hazardous Waste Collection Event August 1 9:00 AM - 2:00 PM Public Works Yard 521 North Langstaff Lake Elsinore, California 92530 City and County residents may drop off hazardous household products and electronic discards at no charge during our monthly household hazardous waste disposal events. Free disposal for City & County residents. Wednesday Movies in the Parks - "The Goonies" August 5 7:30 - 10:00 p.m. Summerlake Park 900 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. Saturday The Bob Dylan Show Featuring August 8 5:30 p.m. Bob Dylan, Willie Nelson & John Mellencamp Diamond Stadium 500 Diamond Drive (951) 245-4487 Storm Ticket Office Lake Elsinore City Council Meeting Regular Meeting Minutes of July 28, 2009 Page 10 of 11 i "High Grade - Future Perfect" Starring Bob Dylan and his Band, John Mellencamp & Willie Nelson & Friends. Free admission for each child 14 & under accompanied by an adult ticket holder. Wednesday Cool Center August / Oct Lake Elsinore Senior Center 420 E. Lakeshore Drive (951) 674 2526 The Lake Elsinore Senior Center is a designated Cool Center through the Riverside County Community Action partnership to provide relief from the Hot Summer Days. When the County of Riverside announces a heat advisory, all adults are welcome to stop in, participate in the various activities, enjoy the facilities including pool room and computer lab. Refreshments will be provided. Music with a View Concert Series McVicker Park; 7:30 to 9:30 p.m. 29355 Grand Avenue www.musicwithaview.com August 15 Steve Oliver Jazz August 22 The Missiles of October Blues, Jazz, R&B, Pop, Folk August 29 Cody Bryant Band Country Western September 5 Inland Valley Symphony with two Soloists CITY ATTORNEY COMMENTS None. COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Councilmember Hickman stated the Lowes Center in Lake Elsinore off of Central Avenue received a grant for $35,000. to spend in the Community. He noted they were re-landscaping Elsinore Elementary school and buying computers. He r stated when the students return they will be surprised at the improvements that have been done. He also thanked Lucas Oil Motorcross for their recent activity in Lake Elsinore, which supports Elsinore's "Dream Extreme" theme. Lake Elsinore City Council Meeting Regular Meeting Minutes of July 28, 2009 Page 11 of 11 Councilmember Hickman congratulated the City for the Chamber of Commerce Mixer which was held July 16, stating the City did a great job. Councilmember Buckley: No comments. Councilmember Bhutta reminded everyone to shop locally whenever possible to keep or tax dollars in town. Mayor Magee spoke of the recent fish that died in Lake Elsinore due to low oxygen levels. He noted the City has made a successful effort to improve the water quality and take excellent care of the lake. The Mayor asked people not to be alarmed; this was a minor concern, the shoreline is clean, the lake is clean and open for business. He stated Mother Nature was reminding us who is in control, something which could not be avoided. ADJOURNMENT There being no further business to come before the City Council Mayor Magee F1 adjourned the meeting at 7:40 p.m. The next regular meeting of the City Council of the City of Lake Elsinore is scheduled for Tuesday, July 28`h, 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. (Z/ L obert E. Magee, May9K City of Lake Elsinor, alifornia Attest: Debora Thomsen, CMC'._~. City Clerk, City of Lake Elsinore, California` F