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HomeMy WebLinkAbout08-11-2009 City Council Minutes Page 1 of 14 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES August 11th12009 CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, August 11`h, 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, Mayor Pro Tern Melendez Councilmember Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, 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 Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case CALL BACK TO ORDER (7:00 P.M.) Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 2 of 14 PLEDGE OF ALLEGIANCE The pledge of Allegiance was led by Mr. James Brady. 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 C' Bhutta, Councilmember Buckley, Councilmember Hickman. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Building and Code Enforcement Manager Chipman, and Police Lieutenant Wilson. CLOSED SESSION REPORT City Attorney Leibold gave an overview of the Closed Session item and stated there was no reportable action. it I PRESENTATIONS/CEREMONIALS C Help Our People Of Elsinore (HOPE) Quarterly Update - Ron Hewison Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 3 of 14 Mr. Hewison gave a quarterly report and an overview of the needs within the community. He noted he now had database software system which reported demographics, income and other explicit details. He thanked all those who support HOPE with their money, time, and those who donate food, stating without the community's involvement, HOPE would not be a success. Mr. Hewison gave a breakdown of the various programs offered, noting how in this economic downturn, people have been concerned for others. Mr. Hewison gave an overview of the 3 independent Food Programs, which have all grown substantially. • The Pantry Program is a regulated program, not a walk-in ministry. In July, 34,000 meals were provided. • The Commodities Program is held on the 2nd Saturday of the month, at 6 a.m. where families are given groceries. Last Saturday, 435 families were provided with food for a total of 1,900 people. To accomplish this, a minimum of 60 to 70 volunteers are needed. • The Fresh Rescue Program started last fall. Fresh food is picked up from 3 stores which are going out of Code date, such as bread, milk, eggs cheese, salads, but not canned food. Albertsons started this program and now Vons and Fresh & Easy participate. This program is for those who do not qualify for the Pantry. The overall comparison are as follows: Meals Distributed - All Programs Year on Year Comparison 2005 - 2009 2005 -2006 2006 -2007 2007 -2008 2008 - 2009 Pantry 61,821 103,608 225,481 332,701 Commodities 30,680 69,370 102,055 i Fresh 74,880 Rescue Totals 61,821 134,283 294,851 509.636 PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE 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 C the dates and the artists performing. She referred anyone with questions to contact their website; www.musicwithaview.com Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 4 of 14 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 Wayne Williams stated he had previously spoken at the June 23, 2009 City Council meeting regarding locating a legal medical marijuana dispensary in the City of Lake Elsinore. He noted recent laws passed July 1 authorizes patients to collectively cultivate medical cannabis, and acknowledged a disconnect between state and Federal laws. Mr. Williams noted due to a conversation with City Attorney Leibold, he understood Lake Elsinore was waiting for the outcome of a pending case involving the City of Anaheim. Mr. Williams did not provide to the City Clerk any referenced documentation. Betty Carlson spoke stating she is 60 years old and has multiple medical problems. Her request is for the City to consider placing a legal medical marijuana dispensary. Currently she is driving to Riverside or Orange County. Mayor Magee noted several speakers from Americans for Safe Access would be ~I speaking later in the evening during the 3 minute non-agendized session. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES There was no one present who wished to speak regarding an agenized item. I CONSENT CALENDAR (2) Approval of City Council Minutes Recommendation: Approved the following minute(s): (a) Joint Study Session City Council / Redevelopment Agency July 14, 2009 and July 28, 2009 (b) Regular City Council Meeting Minutes July 14, 2009 and July 28, 2009 (3) Warrant List Dated July 30, 2009 r- Recommendation: Authorized payment of Warrant List dated July 30, 2009. Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 5 of 14 (4) Claims Against the Citv Recommendation: Rejected the claims listed and directed the City Clerk's office to send a letter informing the claimants of the decision. (5) Proclamation of the City Council Suspending Burning Permits and Other Uses of Open Fire Recommendation: Considered and approved the attached Proclamation suspending the issuance of burn permits and other uses of open fire. (6) Purchase of Pressure Washer / Vacuum and Filtration Unit Recommendation: Authorized the City Manager to execute any and all documentation on behalf of the City in connection with the purchase of the pressure washer/ vacuum and filtration unit. (7) Gravel Road Paving FY 2009 / 2010 - Notice of Inviting Bids Recommendation: Directed staff to advertise the Phase II Gravel Roads Paving project for construction bids. I (8) Residential Antidisplacement and Relocation Plan for The Pottery Court Project Recommendation: Adopted Resolution No. 2009-050 approving the Residential Antidisplacement and Relocation Assistance Plan for Pottery Court, Lake Elsinore, California. Passed and adopted the following Resolution: "Resolution No. 2009-50 - A Resolution the City Council of the City of Lake Elsinore, California, approving the Residential Antidisplacement and Relocation Assistance Plan for Pottery Court, Lake Elsinore, California." MOTION was made by Councilmember Bhutta, second by Councilmember Hickman and unanimously carried to adopt the Consent Calendar as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 6 of 14 PUBLIC HEARING(S) None. APPEAL(S) (9) Appeal of Structure Abatement Action on 523 West Minthorn Street (Continued from the July 14 , 2009 City Council Meeting) Recommendation: Deny the appeal and uphold the decision to place the property into Structure Abatement. Mayor Magee opened the Appeal Hearing at 7:18 p.m. City Manager Brady introduced Building and Code Enforcement Manager Chipman regarding this matter. Manager Chipman gave an overview of the history of the structure and the proposed abatement due to the structural integrity. He requested if the Council upholds the appeal, the structure be required to be rehabilitated. Joyce Hohenad/ representing the Lake Elsinore Historical Society and the Riverside County Historical Commission for District No. 1, stated she has seen the inside and outside of the property. She noted this is a well built house with 16" walls keeping the inside 15 degrees cooler. She noted there is a double-brick fireplace in the living room, and the approximate footage of the home is 4,000 square feet. She stated this is a historical site; the house is an 80 year old, Adobe structure. Ms. Hohenad/ noted buildings of this age did not require steel reinforcement, and plaques were generally placed outside the buildings noting this. She noted Mr. Lunde is in agreement to maintain the house and rehabilitate it with the future development, placing a park around the house. She requested Council to keep the structure. Ruth Atkins, President of the Lake Elsinore Historical Society spoke stating her position is the house should be rehabilated. Ms. Atkins believes the house was built in 1925 and stated it qualifies as a Historical property. She noted it was the owner's responsibility to register the property with Riverside County. This qualification is based upon Mr. Lunde's efforts to maintain the property, the age of the house (80 years) and the Spanish architecture. Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 7 of 14 Mayor Magee noted now was the time for public testimony and stated the owner and appellant of the property, Mr. Eric Lunde was present to respond to any questions if need be. Mayor Magee asked if there was anyone who wished to speak in favor of this appeal. No one responded. Mayor Magee asked if there was anyone who wished to speak in opposition of this appeal. No one responded. Mayor Magee closed the Appeal Hearing at 7:24 p.m. and brought the discussion to the Council. Councilmember Buckley, confirmed this property was to be part of the future of Spyglass Ranch development, perhaps the center of a park. He stated the property should be saved, in addition to the location; it ties the past into the future. He stated not everything old is historic; however a timeline should be given for the rehabilitation rather than to have the house sit as is for a length of time. Councilmember Hickman stated the house should be left alone, noting it is I structurally sound, and noted there are other properties that should be torn down first. Mayor Pro Tem Melendez stated she had questions for both Mr. Lunde and Mr. Chipman. Questions for Mr. Chipman: Mayor Pro Tern Melendez stated the staff report noted there had been problems over several months yet a file was not opened on the property. She requested an example of the type of nuisance experienced and asked how many times a month the structure needed staffs attention. Mayor Pro Tern Melendez asked if there were written guidelines for the abatement process, and confirmed when graffiti was apparent, the owner was called to remove it. Manager Chipman responded stating a file was opened in 2006 when the tenant did illegal renovation. Since that time, the house has been vandalized, a squatter was living there, and graffiti was prevalent until the 1 K-rails were put up. City staff monitored the house quarterly, and I Manager Chipman confirmed Code Enforcement would contact the owner to clean up the graffiti. He noted the structure had not been rehabilitated since the interior walls were removed and it was time to put the house through the process. Structure abatement forces the property to be brought up to standard or torn down, either way a decision is made. Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 8 of 14 Questions for Mr. Lunde: Mayor Pro Tem Melendez confirmed the house had been lived in for many years and had only been vacant since 2006. She received confirmation the structure would be developed as part of the Spyglass Ranch development and rehabilitated from the current sub-standard form. She noted a structural evaluation had not been conducted and requested assurance it would be done before the building was used. Mr. Lunde confirmed all these questions. Councilmember Bhutta stated she did not have a problem if the structure was kept due to the historical value, and requested assurance it would be well maintained. Mayor Magee requested Mr. Lunde to provide Manager Chipman with his current phone number and email address and requested a commitment to the Council he would respond within 72 hours or sooner to any problems that arose. Mayor Magee stated the structure must be brought up to Code and was glad it would be part of the Master Plan for the Spyglass Ranch development. He requested a plaque be placed on the property noting both the oral and written history of the property and structure to preserve the history over time. He recommended Mr. Lunde follow up with the Riverside County Historical Commission to apply for landmark status. MOTION was made by Mayor Magee second by Councilmember Hickman and unanimously carried to approve the appeal, to encourage the applicant to rehabilitate and incorporate the property up to Code, respond to problems within 72 hours and note the historical heritage. Councilmember Buckley noted the 72 hours response time should be adhered to strictly; having the City respond if need be and charge for their services. He noted Code Enforcement was looking out for the City. Mayor Pro Tem stated Code Enforcement was treating this as a safety issue, and recommended a property manager be assigned to monitor the property. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. BUSINESS ITEM(S) ITEM CONTINUED TO A DATE UNCERTAIN PER THE REQUEST OF THE APPLICANT; PARDEE HOMES II Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 9 of 14 (10) Resolution of Intention to Establish Community Facilities District No. 2009-01 (Park and Street Lighting Maintenance) and to Authorize the Levy of a Special Tax Recommendation: Adopt Resolution No. 2009-_, a Resolution of Intention to form Community Facilities District No. 2009-01 (Park and Street Lighting Maintenance) and to levy of a special tax within said district and schedule a Public Hearing for September 22, 2009. MOTION was made by Councilmember Hickman, second by Councilmember Bhutta and unanimously carried to CONTINUE CFD No. 2009-1 TO A DATE UNCERTAIN. Mayor Magee noted there were no requests to speak. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Steve Manos spoke updating the community of the current need for "Habitat for Humanity of the Inland Valley." He stated there were going to be 2 dates to provide a question and answer information forum, volunteers were needed to help assist the building of the homes. These meetings would be held Monday August 24th and Wednesday, August 26`h. Mr. Manos stated the first home would be built in Lake Elsinore, however it had not been determined where the second home built would be located; it would be based upon need and income. If anyone needed additional information, please call (951) 296-3362. Earlier in the evening, part of a group for Americans for Safe Access - Medical Marijuana had spoken. The rest of the group chose to speak later in the meeting: LaVonne Victor stated she has been suffering with Multiple Scoliosis for 9 years. Since 2000, she was originally against Medical Marijuana; however after using other prescription drugs and now using Medical Marijuana, she could now walk. She requested a' collective dispensary, which would be private; the City of Lake Elsinore would receive revenue and taxes. She stated after using Medical Marijuana she has not had any side effects versus the prescription drugs she used to take. I Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 10 of 14 James Palmer stated after using prescription drugs for 3 years, he has now been referred to Medical Mari1juana. He stated he used to be on many prescriptions, and now that he is on Medical Marijuana he can eat and sleep. He recommended the City implement a legal dispensary to help eliminate drug crime. Martin Victor, husband of LaVonne who spoke earlier; confirmed her statement of prescription drugs versus Medical Marijuana. He further stated he felt the drugs she took brought on her MS (Multiple Scoliosis). He stated a judge in Palm Springs dismissed an argument an Ordinance against Medical Marijuana, and they have now committed to authorizing 2 Medical Marijuana dispensaries. He noted Los Angeles City has received over $17 million dollars in taxes a month from approving Medical Marijuana dispensaries. He stated he suffered from Fibromyalgia and noted Medial Marijuana is a medical medicine. He recommended Lake Elsinore approve legal dispensaries to avoid court. Marla James stated she had unsuspectingly contracted the bacteria of the flesh-eating virus. She stated she had suffered with the pain of this disease for 5 years before being referred to Medial Marijuana. Now, she can function, she can actually live a relatively normal life, compared to previously. She is off of all other pain medication. She clarified clean versus unclean Marijuana. Clean Marijuana has potency, which can be obtained from collective group growers. Unclean is mild, what a person would obtain from off the street. Ms. James stated she wants to pay taxes; she would like to know someone is benefitting from her purchase, and she would feel safe. She stated this would be a benefit for all, including the City. Tina Piontkowski stated she has live in Lake Elsinore for 18 years. She stated she had raised 2 children and now had degenerative disk disease. She used to pay $1,800. a month in prescription drugs and has now lost her job. She could not function under the excessive medication and now uses Medical Marijuana. She has not used prescription drugs for 3 years, and no longer lives in bed. She has experienced 3 years with Medical Marijuana, and does not want to go back to the past. There were no other speaker who came forward when their name was called to speak. Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 11 of 14 CITY MANAGER COMMENTS Wednesday Bob Dylan, Willie Nelson & John Mellencamp Concerts Aug 12 5:30 p.m. Diamond Stadium 500 Diamond Drive (951) 245-4487 Storm Ticket Office "High Grade - Future Perfect" Starring Bob Dylan and His Band, John Mellencamp & Willie Nelson & Friends. Admission is free for children 14 years of age and under accompanied by an adult ticket holder. Wednesday Java Jive at Flour Fusion Aug 12 8:00 a.m. - 10:00 a.m. Flour Fusion 133 N. Main St (951) 245-8848 Lake Elsinore Chamber Chamber of Commerce, in conjunction with Flour Fusion is pleased to announce its newest networking opportunity, Java Jive! Especially created for the morning hours, you will have an opportunity to make new business contacts while enjoying complimentary brewed coffee. Thursday Grand Prix - Community Meeting Aug 13 6:00 p.m. Diamond Club, Storm Stadium (951) 674-3124 Parks & Recreation Dept The Parks & Recreation Department and the Storm Stadium would like to invite you to attend a Community Meeting to discuss the 2009 Grand Prix. Saturday Music with a View Summer Concerts Aug 15 7:30 p.m. - 9:30 p.m. McVicker Park 29355 Grand Ave (951) 245-8890 Barbara Middlebrook The City of Lake Elsinore and the Elsinore Valley Arts Network are proud to present the Concerts in the Park Series 2009. Steve Oliver will be performing Jazz. There will be food, soft drinks, wines and beer sold at each event. Bring your blanket! Have a Picnic. No Alcohol or Dogs Allowed in concert area. Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 12 of 14 ~I Wednesday EWDC Luncheon Featuring the Cash Value Card - Shop Aug 20 Local Program 11:30 a.m. - 1:30 p.m. The Diamond Club 500 Diamond Drive Admission: $15.00 PP Member/ $20.00 PP Non-Member Reservations required (951) 245-8848 LEV Chamber of Commerce The topic of the EWDC Luncheon this month is 'Shop Lake Elsinore' - A review of the Lake Elsinore Valley Chamber of Commerce strategy for encouraging residents to shop locally: includes an update on the Cash Value Card Program. Wednesday The State of Our City - Mayor's Annual Address, Social Aug 20 and Baseball Game Schedule of Events: 5:00 p.m. Social 6:00 p.m. Presentation 7:05 p.m. Baseball Game The Diamond Club 500 Diamond Dr. Admission: $20 per person, price includes one game ticket Reservations required. RSVP deadline is August 13. Please join Mayor Magee for this very special event. If you would like to find out the State of the City of Lake Elsinore, do not miss our conversation with Mayor Magee. A ticket to the Storm game is included in the admission price. Seating is limited! Saturday Music with a View Summer Concerts Aug 22 7:30 p.m. - 9:30 p.m. McVicker Park 29355 Grand Ave (951) 245-8890 Barbara Middlebrook The City of Lake Elsinore and the Elsinore Valley Arts Network are proud to present the Concerts in the Park Series 2009. The Missiles of October will be performing Blues, Jazz, R&B, Pop Folk. Food and beverages will be sold at each event. No Alcohol or Dogs Allowed in concert area. CITY ATTORNEY COMMENTS None. i Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 13 of 14 COMMITTEE REPORTS Fill" None. CITY COUNCIL COMMENTS Councilmember Hickman noted school started tomorrow, August 12, 2009; He encouraged everyone to attend the concert series, "Music with a View" at McVicker Park, and to attend the stadium concert with Willie Nelson. Mayor Pro Tem Melendez reminded everyone the Mayor's State of the City Address would be held on August 20th at 5:00 p.m.; she encouraged everyone to attend She also noted the Lake Elsinore's Women's Club would be supporting the Relay for Life which would be held in October, flyers were on the table. Councilmember Buckley had no comments. Councilmember Bhutta stated there were several fundraisers. The American Cancer Society is having a fundraiser August 13, from 11 a.m. to 1 p.m. at I Chili's. In addition there are 4 planned fundraiser dates for school supplies, August 14th at Staples, August 19 h at Lake Elsinore Market Place, August 22 at Lake Elsinore Target and in Wildomar August 29 at Stater Brothers and Albertsons. All of these events are planned from 10 a.m. to 3 p.m. ADJOURNED IN MEMORIUM Mayor Magee stated the City of Lake Elsinore had lost a valuable employee, Bradley Buron, who passed away on Saturday morning, August 08, 2009, following an automobile accident. Brad worked at the City in the Public Works Department as a Maintenance worker for over 2 years. He requested his family be remembered and stated the meeting would be adjourned in his memory. There being no further business to come before the City Council Mayor Magee adjourned the meeting at 8:52 p.m. I II Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 14 of 14 ~I The Lake Elsinore City Council adjourn to a regular meeting to be held on Tuesday, August 25, 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. Mage Mayor, City of Lake Elsi re, California Attest: 4 _ Debora Thomsen, CMG` City Clerk, City of Lake Elsinore, Caiifornla\-- I~ i i