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HomeMy WebLinkAbout10-13-2009 City Council MinutesPage 1 of 22 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES October 13th, 2009 CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, October 13th, 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 Hickman. ABSENT: Councilmember Buckley. 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 / Parks and Recreation Director Kilroy, Information / Communications Manager Dennis, and Building / Code Enforcement Manager Chipman, and Police Chief Cleary. 5:00 P.M. CONVENE THE MEETING CALL TO ORDER - 5:00 P.M. RECESS TO CLOSED SESSION There was no one who wished to speak regarding a Closed Session item. Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 2 of 22 CITY COUNCIL 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) 2) 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.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Veterans of Foreign Wars (VFW) Troup 1508. 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 Councilmember Buckley as noted by City Clerk Thomsen who read a statement into the record at Councilmember Buckley's request: "Councilmember Buckley could not attend this evening's meeting do to a prior commitment to the Northwest Mosquito and Vector Control District. Councilmember Buckley is the City's representative on the District's board." City Clerk Thomsen then declared a quorum was present. PRESENT: Mayor Magee, Mayor Pro Tem Melendez Councilmember Bhutta, Councilmember Hickman. ABSENT: Councilmember Buckley. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 3 of 22 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 and Parks and Recreation Director Kilroy, Information / Communications Manager Dennis, Building and Code Enforcement Manager Chipman, and Police Chief Cleary. Councilmember Buckley had left a message to the community regarding his absence for the City Clerk to read stating: "Councilmember Buckley could not attend this evening's meeting do to a prior commitment to the Northwest Mosquito and Vector Control District. Councilmember Buckley is the City's representative on the District's board." CLOSED SESSION REPORT City Attorney Leibold gave an overview of the Closed Session items stating there was no reportable action. PRESENTATIONS / CEREMONIALS Business of the Quarter Tulips, Trophies & Treasures were named the Business of the Quarter. Mayor Magee presented owners Harvey and Kim Ryan with a plaque to be placed at their business location and noted their business' name would be added to the ongoing plaque at City Hall. Mr. Ryan spoke and thanked his wife for the success of their business. She in turn thanked him for his support and thanked the Police Department who recently handled an emergency at their store while they were gone, stating the police stayed to watch over their store because it could not be secured. Recognition of Police Deputy Richard Vrvheid Police Chief Cleary thanked Deputy Richard Vryheid for his success of rescuing a suicidal victim. Deputy Vryheid responded to a call received regarding a suicidal man who was in the process of hanging himself from a tree. Deputy Vryheid was able to detach the man saving his life and was injured doing so. Mayor Magee stated he would personally nominate Deputy Vryheid for the Trauma Intervention Program (TIP) Heroes with Heart award. WelcomeHOMETroops Ms. Susan Rebar, Director of this organization stated they are a Charity 501(c)(3) nonprofit organization providing recreational events for the express purpose of reintegrating Military Service Members and their families into the communities both before and after deployment. Ms. Rebar noted this did not stop at the local Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 4 of 22 community level, but involvement exists in Washington D.C. including government officials. She requested those who could participate by donating their time, giving gifts, or financially if possible to do so. She reminded the audience many veterans have non-visible wounds of war to overcome. Ms. Rebar presented a Certificate of Appreciation to Mayor Pro Tern Melendez for volunteering with some of her children at a recent event. In addition, she presented the VFW Troup 1508 with a Certificate for the generous amount of time and the support they provide her organization stating they have helped to raise over $1,100. atone fundraising event Elsinore Valley Municipal Water District (EVMWD) Mr. Greg Morrison gave an overview of the Water District's Capital Improvement Program (CIP) and local projects for Lake Elsinore and the neighboring City of Wildomar. Mr. Morrison stated the CIP program began in 2007 and has completed 22 of the 33 planned projects upgrading and expanding the water system. He noted EVMWD's trunk sewer pipelines are aging and near capacity. Mr. Morrison defined a trunk sewer as a large diameter pipe in which small branchs and sub-main sewers are connected. The existing pipe will be replaced with a new 54" pipeline. There are 3 phases of the project consisting of 7 miles of new pipeline expanding the system's lifespan to 2050. The phases are: 1) Malaga Reach, completed in 2007 2) South Reach, scheduled to begin in 2010 or later 3) North Reach, scheduled to begin construction in fall 2009 Construction information line for this project is (951) 893-7116, project website is www.evmwdcipo.com Wildomar Project: Wildomar Recycled Water Project: Mr. Morrison stated this project consists of 25 sites which will be converted to recycled water. Six miles of recycled water pipelines and connections to the locations to deliver recycled water for irrigation. Construction will be conducted during the weekends and weekdays from 7:00 a.m. to 5:00 p.m. It is anticipated the project will last 6 to 9 months, estimated cost is $3.5 million, and be completed in 2 phases. 1) Off-site phase involves installation of staggered recycled water pipelines in 4 areas of Lake Elsinore and Wildomar. 2) On-site connection to the water meters at the existing 25 locations. Construction information line for this project is (951) 893-7116, project website is www.evmwdcipo.com/wildomar Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 5 of 22 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE There was no one present who wished to speak regarding a non-agenized item. CONSENT CALENDAR APPROVED The following Items were pulled from the Consent Calendar for further discussion: Item No. 5 was pulled by Mayor Magee Item No. 6 was pulled by Councilmember Hickman Item No. 9 was pulled by Mayor Pro Tern Melendez Item No. 12 was pulled by Mayor Pro Tern Melendez (2) Approval of City Council Minutes Recommendation: Approved the following minute(s): (a) Regular City Council Meeting Minutes from September 22, 2009. (3) Warrant List Dated September 30. 2009 Recommendation: Authorized payment of Warrant List dated September 30, 2009. (4) Claims Against the Citv Recommendation: Rejected the claims and directed the City Clerk's Office to send a letter informing the claimants of the decision. (5) PULLED FOR FURTHER DISCUSSION Authorization for the City Manager to enter into a Contract with HDR. Inc. for the Preparation of an Environmental Impact Report for the Central Crossroads Project (Commercial Design Review No. 2007-10. Conditional Use Permit No. 2007-12, and Uniform Sign Program No. 2007-041\ Recommendation: Authorize the City Manager to enter into a contract with HDR for an amount estimated at $126,950. Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 6 of 22 (6) PULLED FOR FURTHER DISCUSSION Safe Candy Night Recommendation: Approve street closure on Main Street from Library Avenue to Peck Street, with traffic detours at Heald Avenue and Lakeshore Drive on Saturday, October 24, 2009 from 1-9 p.m. for the Safe Candy Night Event. (7) U.S. Army Corps of Engineers Permit and Compensatory Mitigation for Construction of Boat Launch Facility Improvement Project Recommendation: Approved the U.S. Army Corps of Engineer's permit and authorized the City Manager to execute the document. (8) Agreement with William J. 'Rusty' Beardsley, RBI Traffic to Provide General Traffic Engineering Services Passes Unanimously Recommendation: Approved the Agreement and directed the Mayor to execute the documents on behalf of the City. (9) PULLED FOR FURTHER DISCUSSION Recommendation(s): 1. Staff recommends the City Council approve the Agreement with Bureau Veritas to provide Professional Plan Check Services. 2. Authorize the City Manager to execute the agreement. (10) Proposed Road Closures for the Lake Elsinore Grand Prix Recommendation: Approved the street closures as listed in the discussion section of this report. (11) Rosetta Canyon Fire Station and Park Project Contract - Recommendation(s): 1. Approved project Change Order No. 4. 2. Authorized the City Manager to execute Contract Change Order 4. Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 7 of 22 (12) PULLED FOR FURTHER DISCUSSION Rosetta Canyon Fire Station and Park - Grant of Easements to EVMWD Recommendation: Authorized the Mayor to execute the Easement with EVMWD for Rosetta Canyon Fire Station and Park. MOTION was made by Councilmember Bhutta, second by Councilmember Hickman and unanimously carried to adopt the Consent Calendar with the exception of Item Nos. 5, 6, 9, and 12. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. CONSENT ITEM Nos. 5,6A 9, and 12 PULLED FOR FURTHER DISCUSSION: (5) PULLED FOR FURTHER DISCUSSION BY MAYOR MAGEE Authorization for the City Manager to enter into a Contract with HDR. Inc. for the Preparation of an Environmental Impact Report for the Central Crossroads Project (Commercial Design Review No. 2007-10. Conditional Use Permit No. 2007-12, and Uniform Sign Program No. 2007-04) Recommendation: APPROVED Authorized the City Manager to enter into a contract with HDR for an amount estimated at $126,950. Mayor Magee stated he pulled the item to direct staff to notify the property owner to remove all of the unauthorized stockpiles off of the property. City Manager Brady concurred the notice had already been given to the property owner. MOTION was made by Mayor Magee, second by Mayor Pro Tem Melendez and unanimously carried to adopt Item No. 5 as recommended. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 8 of 22 (6) PULLED FOR FURTHER DISCUSSION BY COUNCILMEMBER HICKMAN APPROVED Safe Candy Night Recommendation: Approved street closure on Main Street from Library Avenue to Peck Street, with traffic detours at Heald Avenue and Lakeshore Drive on Saturday, October 24, 2009 from 1 to 9 p.m. for the Safe Candy Night Event. Councilmember Hickman verified the reason the event was not going to be held October 31 st (as previous years) and clarified for the community the "Safe Candy Night" would be held 1 week earlier than Halloween night. He requested staff to notify local schools this event was a week earlier and encouraged all to participate. MOTION was made by Councilmember Hickman, second by Mayor Pro Tern Melendez and unanimously carried to adopt Item No. 6 as recommended. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. (9) PULLED FOR FURTHER DISCUSSION BY MAYOR PRO TEM MELENDEZ THE RECOMMENDATION WAS NOT APPROVED; AMENDED BY COUNCIL TO ISSUE A BID PACKAGE AND DISTRIBUTE A REQUEST FOR PROPOSAL (RFP) Agreement with Bureau Veritas to Provide On-Call Professional Engineering Services Recommendation(s): 1. Staff recommends that the City Council approve the agreement with Bureau Veritas to provide professional plan check services. 2. Authorize the City Manager to execute the agreement. Mayor Pro Tern Melendez stated she pulled this item to discuss the proposed fees regarding services. She questioned when the last time this service was distributed for competitive bid. Public Works Director Seumalo responded requesting this service not be placed for bid until staff has the opportunity to conduct additional research and compare other City's charges regarding the same services. Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 9 of 22 After lengthy discussion, it was determined by Council to request staff to put the Contract out for competitive bid to ensure the fee schedule was adjusted / matched by the bidder. Staff was directed to issue a Request for Proposal (RFP) for these services. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Hickman to direct staff issue a RFP and to ensure the fee schedule was consistent and / or adjust the fee schedule accordingly. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. (13) PULLED FOR FURTHER DISCUSSION BY MAYOR PRO TEM MELENDEZ THE RECOMMENDATION WAS NOT APPROVED- wocLLU vuI Q111 no VLOL1U11 011U rain- VIQILL UI C215CI I ICI IL LU CVIVIVVU Recommendation: Authorize the Mayor to execute the Easement with EVMWD for Rosetta Canyon Fire Station and Park. Mayor Magee informed Mr. Greg Morrison noted during the Joint Study Session held at 4 p.m., Mayor Pro Tern Melendez questioned if this Easement could be used as a dog run. Mayor Pro Tern Melendez requested Mr. Morrison from Elsinore Valley Municipal Water District (EVMWD) who was in the audience, to come forward. Mayor Pro Tern asked Mr. Morrison if EVMWD would consider an exchange of services; and if so, modify the Agreement to include verbiage for a possible dog area. Discussion was held regarding the size of the requested Easement, which was approximately 20 ft wide (not large enough for a dog park, but possibly a dog run). MOTION was made by Mayor Pro Tern Melendez, second by Councilmember Hickman and unanimously approved to continue this item to a date uncertain until an EVMWD response could be obtained. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 10 of 22 PUBLIC HEARING(S) None. APPEAL(S) None. BUSINESS ITEM(S) (13) Summerhill Drive Recommendation: Reject the installation of stop signs at the intersection of La Strada and Summerhill Drive based on the results of the warrant study. Public Works Director Seumalo informed the Council the intersection had been studied and currently does not warrant a stop sign. He provided a brief summary supporting staff's recommendation denying the stop sign. The following citizens spoke in opposition of the recommended rejection: Dr. Frank Passarella Lake Elsinore Unified School District Superintendent stated the average traffic speed is beyond 50 miles per hour (m.p.h.) near the intersection. He noted the posted speed limit is 45 m.p.h. stating this is still too high for a school area. He went on to update the Council that to date, 2 delineators have been hit so hard they were removed. He requested a 3-way stop be placed at the intersection and asked Council to reconsider staffs recommendation and make an exception for the much-needed stop sign. Audrey Fortre who lives by this intersection near Tuscany Hills elementary school commented she hears the squeals of car tires on a daily basis and personally sees the crossing guards put their life at risk. Michelle Olszewski stated she is a parent, a Parent Teachers Association (P.T.A.) member and a Deputy Sheriff. She drives Summerhill Drive every day stating she has been conducting her own survey. She stated she witnesses vehicles pick-up speed when they are going to the top of the hill noting there is not a stopping point until they arrive at the intersection. Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 11 of 22 She stated this is dangerous for everyone in the area, the children, crossing guards, parents, and the motorist. Jeffrey Marks stated he is the Principal at Tuscany Hills Elementary School and commented a stop sign is severely needed. He noted it is a blind curve; drivers are not able to see the crosswalk in advance. He further stated the speed bumps are so low they do not help. He noted he witnessed a situation recently where a crossing guard stood in front of a car so it would not hit the child behind her, but would be forced to hit her instead. He stated the car was so close the crossing guard was able to put her hand on the hood of the vehicle. He noted there are many teenagers who drive to the park who do not pay attention when driving. He reminded everyone parks have many children who are involved in childcare activities, which increases the situation of just walking to and from school. Kora Wade, stated her family lives next to the park. She noted her younger brother and sister walk to the park even though there is not sidewalk for them to walk on. Therefore, they are forced to cross at the cross walk to have a sidewalk. She stated she feels uncomfortable regarding their safety. Mara Wade a teacher at the school requested the Council give serious consideration and approve the proposed stop sign. She stated she personally has witnessed at least 10 accidents. She noted this is a safety issue needed for the children due to the many activities held at the park, and school; such as softball, busses arriving and leaving the school along with children playing at the park. She stated there are 1,580 chances of someone getting hurt which equates to 284,000 chances per school year. She begged the Council not to wait to make the decision to install a stop sign until someone is hurt and forces no other alternative. Rebecca Merck stated she is an educator, parent and Crossing Guard. She noted she is the crossing guard that was almost hit due to protecting a child from a hand's length. She said the car was within 2 feet from her. She commented cars do not wait until she is back on the curb to drive off; they move as soon as she passes by them stating often she is still in the street. She noted they are supposed to wait until she motions for them to proceed. Sandy Evers, noted she is PTA President, a resident and a crossing guard. Her own children use the crosswalk which concerns her. Vehicles coming around the blind curve do not see the children until they are immediately there. She noted there are no warning signs and poor visibility, even though 2 trees have already been removed in an effort to Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 12 of 22 increase visibility. She stated whoever conducted the study did not come at the right time of day to witness the problems that currently exist. Geneva Krag stated she is the Lake Elsinore School District Manager of Safety and Risk. She commented the City has been looking at this issue for the past 10 years, and stated the study / survey did not record how many near misses there have been. She asked the Council how many near misses does Council want to happen before they make a decision to improve the situation, such as approving a stop sign. There being no other public speakers, discussion was brought to the Dias. Councilmember Bhutta commented she had been assured by City Manager Brady during the break a flashing light would be installed and some tree pruning would occur. She stated she supports the installation of a stop sign. Councilmember Hickman clarified he wants a warning sign in addition to the flashing light and stop sign. Mayor Pro Tern Melendez thanked the community for coming out and commented the crossing guards should receive hazard pay. She stated she is at the intersection twice a day and agreed it was dangerous. She concurred the vehicle traffic speed is 45 m.p.h. and people round the corner too fast. She stated she supports the stop sign. Mayor Magee stated based on the testimony and their experiences, a stop sign would be installed. He reminded the community that once the Estrada Project moves forward and the homes are occupied, a full traffic signal will be installed. He commented he supports the community needs and commented that once again, the City Council has heard the community; another example of City government in work. MOTION was made to reject the recommendation by staff and approve a Stop Sign at the corner of La Strada and Summerhill Drive; to install a flashing speed limit sign; a warning sign noting the upcoming Stop Sign; and prune trees near the intersection. MOTION was made by Mayor Pro Tern Melendez, second by Councilmember Bhutta and unanimously approved. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 13 of 22 Director Seumalo requested clarification on the signage. City Manager Brady responded there would be a flashing warning sign until people were cognizant. The various types of signs that could be installed were clarified (sensors or louvers on the lights themselves in an attempt to not bother the residents when they were on all the time). (14) An Ordinance of the City Council of the City of Lake Elsinore. California. Amending Chapter 15.72 by adding Section 15.72.065 and Amending Section 15.72.070. Subpart B to the Lake Elsinore Municipal Code Regarding Regulations of Grading and Hauling THE RECOMMENDATION WAS NOT APPROVED; COUNCIL CONTINUED THE ITEM TO A DATE UNCERTAIN Recommendation: Waive further reading and introduce an Ordinance amending Chapter 15.72 to the Lake Elsinore Municipal Code (LEMC) regarding grading and hauling. Public Works Director Seumalo spoke regarding the recommended Ordinance, commenting this Ordinance was approved by City of Orange and currently being enforced. He noted this was the best example and stated the City of Orange was one of the few cities which were similar and met Lake Elsinore's needs. Mayor Pro Tern Melendez questioned the locality of the City of Orange and the Bond requirement. Discussion was held regarding the statues of the Bond and implementing provisions into the Lake Elsinore Municipal Code. She stated she would prefer to have additional samples from surrounding cities, even if they were not effective originally, (such as the City of Corona). Councilmember Hickman agreed, stating the proposed Ordinance financials needed to be tightened up. Reference was made to the current situation in Tuscany Hills regarding the trucks which are currently hauling material out of the area. It was agreed other samples would be obtained and the City would also create their own formula to better suit Lake Elsinore's needs. MOTION was made by Mayor Pro Tern Melendez, second by Councilmember Hickman and unanimously approved to continue this item to a date uncertain until a Request for Proposal (RFP) could be distributed and results received in compliance with the existing Fee Schedule. Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 14 of 22 AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. (15) Lake Elsinore Municipal Code regardina dons on leash in City Parks PASSES UNAMIOUSLY AND BECOMES EFFECTIVE IMMEDIATELY Recommendation: Approve by a four-fifths vote Ordinance No. 1266 amending and restating Section 8.40.040 Subpart C of the Lake Elsinore Municipal Code regarding dogs on leash in City Parks. City Attorney Leibold commented even though Council members had previously given consideration for approval at the last Council meeting, nothing could go forward or the probationary period begin, unless there was an Urgency Ordinance immediately put in place. She defined the Urgency Ordinance did not make reference to the location of the park and an Urgency Ordinance was required to be passed by a 4/5 vote of the Council. She noted only 4 members of the Council were present. Monique Middleton from Lake Elsinore Animal Program (LEAP) spoke regarding the Urgency Ordinance commenting although she is a dog-lover; she does not feel the proposed area at McVicker Park is best-suited as a dog park. She gave a summary of her decision regarding why this park was not appropriate and ended her comments stating she would assist the City in finding a better location. Her reasons were as follows: • Keep dogs on leashes when they are around the public • Dogs and the public combined are not a good mix • No way to separate the dogs by size • Animal Control has already been called out to the Park 6 times regarding incidents, and this was before the City Council was considering to use this location as a test location for a dog park • Ms. Middleton noted there have been problems with this park and dogs before this consideration to use this park as a temporary trial basis-before an Ordinance was even considered • Ms. Middleton noted during the trial basis, everything will be fantastic and beautiful during the probation period; the poop will be consistently picked-up, the holes from digging will be Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 15 of 22 filled in by the pet owners; and there will not be any liability claims filed against the City from anyone who is injured by the holes that have been dug • Ms. Middleton stated from experience from other local areas, puddle areas will eventually be yellow from the animal urine and the grass area will change with extended wear, to pure dirt; with the urine, grass dies • Ms. Middleton stated the dog park will wear with extended time LeeAnn Cameron, the initiator of the "Dog Park Petition at McVicker Park" was upset and commented when the local residents had begun this request, she went to Animal Control to inquire if there were any foreseen problems or anything they were aware of. She stated she sat for 2 hours waiting for a supervisor to speak with and was finally told Animal Control intended to stay neutral on this issue; they didn't have any information, nor could they assist them in any way. Therefore, she was surprised this was no longer the case. Ms. Cameron stated dogs will poop regardless if they are or are not on a leash, it is inevitable. Ms. Cameron stated the residents and pet owners were honored to use the park for their dogs and they had already gone over-and-above in maintaining the park. She noted this was in addition to picking up trash and other debris that was not from dogs. Ms. Cameron commented she had checked with Little League previously, they stated they did not care if pets were allowed on the lower field; they were using the higher field. Harry Dierks commented he spoke at the last meeting in support of the dog park stating he has a Yellow Labrador noting this is the only place where he can take him to run. He further stated when he walks his dog, the dog is not worn out, and he needs to run to stretch his legs. Mr. Dierks stated he has never seen a dog dig at the park. He noted all who use the park as a "dog park" has become close; he and his wife have met and made friends whom they now have other interests with. He commented how it has become a social group, recently they went and picked up a dog to take to the park for exercise, the owner was ill and not able to walk his dog. He said this is a good example of a community pulling together. There being no further Public Comment discussion was held at the Dias. Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 16 of 22 Councilmember Bhutta commented although she supports a dog park she also opposes having a mixed environment. She said that even though she was against the location she would support the Ordinance. Mayor Pro Tern Melendez commented she did not feel it was the right location but she also supported the Ordinance, it was a democracy, commenting that failure of it passing tonight would cut into someone's time and if passed, it would become effective immediately. Councilmember Hickman said he is a dog lover and has a few of his own. He noted he can't wait to have them run without a leash. He thanked everyone for their support. Mayor Magee commented that passing the Ordinance was an interim solution, noting hopefully in 90 days another location would be identified. He stated once again, Council was responding to their constituents again. MOTION was made by Councilmember Bhutta, second by Mayor Magee and unanimously approved the Urgency Ordinance amending and restating Section 8.40.040 Subpart C of the Lake Elsinore Municipal Code regarding dogs on leash in City Parks. City Attorney Leibold read the title of the Urgency Ordinance and waived further reading. City Clerk Thomsen took a roll-call vote of the Council. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. Councilmember Hickman thanked Mayor Pro Tern Melendez and Councilmember Bhutta for their support to approve the Urgency Ordinance. (16) Recall Petition Certificate of Registrar of Voters Recommendation: No City Council action is required at this time. Councilmember Buckley had left a message to the community regarding his absence for the City Clerk to read regarding this specific item. She did so stating "Councilmember Buckley asked me to add that even if he were able to attend, despite it being legal, ethical, and proper - he would not vote on or participate in Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 17 of 22 discussions concerning the Recall as he considers it inappropriate for the subject to be an Agendized Council item and to be a part of a decision regarding that item." City Clerk Thomsen gave an overview of the Recall petition stating it had been deemed sufficient by the Riverside County Registrar of Voters (ROV). The item included the certified results of the ROV count which Clerk Thomsen read. The total number of signatures submitted for said petition was 3,575 The total number of signatures checked was 3,575 The total number of sufficient signatures on said petition is 3,256 The total number of insufficient signatures on said petition is 319 City Clerk Thomsen stated the estimated cost of the election was between $30,000 and $50,000 based upon previous elections for the City. Everything at this time is an unknown. She noted several Election Codes; Section 11227 stating no Council action is required, and Section 11240 which states within 14 days of receiving the Certificate from the Registrar of Voters, the City Council must issue an order setting a Special Election. The election must be held not less than 88 and not more than 125 days from the date of the order. If the City Council elects not to issue such an order, a Special Election will be ordered by the County of Riverside Registrar of Voters. Possible dates were given, depending upon the date the election date was chosen. The multiple dates are January 12, 26, 2010 and February 2, 9, 23, 2010. State holidays were also discussed. Council questioned if the election date could be selected tonight (yes) if there was a possibility of consolidation with Riverside County regarding another election (yes), what the pros and cons were for the different proposed dates. After much discussion it was agreed this item would be received and filed as recommended by Staff. Mayor Magee stated he felt it should be possible to take the money from existing funds and not from the "rainy day" account. He requested specific information be brought to Council for their consideration at the next meeting, October 27, 2010 to assist Council when making their decision: 1) He requested all possible dates; and 2) He requested confirmation / information where the funds would come from to pay for the Special Election. Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 18 of 22 MOTION was made by Mayor Magee, second by Councilmember Hickman with the condition of all possible dates and confirmation what account the funds to cover the cost of the Special Election would come from. Mayor Magee stated the election date would be set at the next City Council meeting held October 27, 2009. The item was unanimously approved to receive and file the information received. AYES: Bhutta, Hickman, Magee, Melendez. NOES: None. ABSENT: Buckley. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES None. CITY MANAGER COMMENTS Wednesday Jave Jive Oct. 14 8:00 am - 9:30 am Flour Fusion 133 North Main St For information: LEVCC - (951) 245-8848 The purpose of this event is to offer an additional networking opportunity besides the monthly mixers to our Business members. Wednesday Citizen Corps Council Meeting Oct. 14 Regular Meeting, Open to the Public 4:00 pm-5:00 pm Cultural Center 183 North Main Street Agenda posted at City Hall. Wednesday Public Safety Advisory Commission Oct. 14 Regular Meeting, Open to the Public 6:00 pm Cultural Center 183 North Main Street Agenda posted at City Hall. Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 19 of 22 Thursday Conversation with Legislators: Senator Benoit, Oct. 15 Assemblyman Jeffries & Nestande 11:30am.-1:30pm Lake Elsinore Storm Diamond Club 500 Diamond Dr. Lake Elsinore, CA 92530 For information: LEVCC - (951) 245-8848 An update on the year's events thus far and a look at what is to come in 2010 from the Legislators perspective. Friday Field of Screams the Haunted Stadium Oct. 16-19 7:00 pm - 10:00 pm Sunday - Monday 7:00 pm - 12:00 am Friday - Saturday The Diamond 500 Diamond Drive Lake Elsinore For information: Storm Entertainment at (951) 245-4487 The attraction, now in its third year, provides scary but fun attractions for local residents. Guests can experience the Chop Shop Slaughterhouse, the Funhouse of Fear and Bloodstorm Alley (the three major attractions of the Haunted Stadium). In addition to the attractions, the event will also include live music, food and beverage and a comedy and magic show performed by Justin Rivera on Fridays and Saturdays. Saturday Oct. 17 7th Annual Shopping Extravaganza 9:00 am - 4:00 pm Lake Elsinore Outlets 17600 Collier Avenue Lake Elsinore, CA 92530 Admission: $20 per ticket For information: LEVCC - (951) 245 8848 Savings and fun to be had by all during this year's 7`h Annual Shopping Extravaganza at the Lake Elsinore Outlets. This event includes baggage check, a catered lunch, energy and pampers station, exclusive discounts, giveaways, and so much more! This event will benefit many worthy causes including the American Cancer Society; Make a Wish and CASA for Riverside County. Tickets are available for advance purchase at the Lake Elsinore Valley Chamber of Commerce. Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 20 of 22 Saturday October Skate Fest Oct. 17 11:00 am - 3:00 pm McVicker Canyon Parks 29355 Grand Avenue Lake Elsinore For information: (951) 674-9000 Free activities, music, food, skateboarding and inline skating, contest and demos. Come check out the action as we challenge our skaters and skateboards to some extreme contests. Sign up for the challenges at the Skate Park. Wednesday Boy Scouts Citizen of Year Oct. 21 6:00 pm - 8:00 pm Lake Elsinore Diamond Club 500 Diamond Drive Lake Elsinore, CA 92530 For information: Tina Roy - (951) 972-2201 The Boy Scouts of America would like to invite you to the 2009 Distinguished Citizen of the Year awards Dinner honoring Assemblyman Kevin Jeffries. Individual Ticket- $100 Reservations required. Saturday Safe Candy Night & Hot Rod Car Show Oct. 24 4:00 pm - 8:00 pm Historic Downtown Lake Elsinore Main Street For information: (951) 245-0442 Featuring fun for all the kids and adults alike, with Safe Trick or Treating, Main Street closed from Graham to Library. There will be free games and activities and a costume contest held at City Park for kids aged 2-12 years old. There will also be live stage music, food and craft vendors with a Halloween Hot Rod Show featuring pre-70's cars. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 21 of 22 CITY COUNCIL COMMENTS Councilmember Hickman thanked everyone who sent flowers to his wife while she was in the hospital with influenza. He commented she did not have the "swine flu" but noted her illness was terrible, she was hospitalized for a week. Councilmember Hickman also informed everyone that Leah, a 20 year first time mother had passed away. She gave birth to her daughter while she was ill with influenza. He noted Leah was in a self induced coma and never woke up. He asked everyone to keep her parents, Millie and Tom in prayer. Councilmember Hickman also reminded everyone October 24 is Safe Candy night and invited everyone to attend the Haunted House at Storm Stadium, commenting it was even better this year than last. Mayor Pro Tern Melendez informed everyone that there was a Toys R Us which just opened at Lake Elsinore outlets located where K-Bee Toys once was. She commented this was just in time for Christmas and asked everyone to keep their shopping local. Mayor Pro Tern Melendez thanked the Sheriff Deputies who had done a great job in apprehending a young man who had nothing better to do than to make bombs. She also thanked the Firefighters for the quick job they did in knocking out a fire at Tuscany Hills. Even though the house was lost, the fire did not spread further and no one was hurt. She also thanked all the friends and residents who had spread her email about the family who lost their home and needed support. They had lost everything except the Grandmother's rings which had been taken off of the counter as they ran out of the house. Mayor Pro Tern Melendez noted the community stepped forward in need and thanked them. Councilmember Bhutta reminded everyone to shop locally and use the Cash Value Plan to help the local community. She commented she is involved in a new project that would be forthcoming; it involves the Lake Elsinore Senior Action Team and would consist of volunteers. The program is being designed to assist Local Government, such as Code Enforcement and Sheriff actions. Lake Elsinore City Council Meeting Regular Meeting Minutes of October 13, 2009 Page 22 of 22 ADJOURNMENT IN MEMORIUM There being no further business to come before the City Council Mayor Magee adjourned the business portion of the meeting at 8:32 p.m. Councilmember Hickman adjourned the meeting in memory of Leah, a young mother and her family, including her new-born daughter and requested the community to keep her family in their prayers. The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday, October 27, 2009, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Attest: Debora Thomsen, CMC City Clerk, City of Lake Elsinore, California