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HomeMy WebLinkAbout11-10-2009 City Council MinutesPage 1 of 15 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES November 10th, 2009 CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, November 10t , 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, Councilmember Buckley. 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 / Parks and Recreation Director Kilroy, Information / Communications Manager Dennis, and Building / Code Enforcement Manager Chipman. 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 Agenda Regular Meeting of November 10, 2009 Page 2 of 15 CITY COUNCIL CLOSED SESSION REPORT 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 f7:00 P.M J. Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, November 10, 2009 to order at 7:00 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PLEDGE OF ALLEGIANCE The Mayor led the audience in the pledge of allegiance 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 Hickman, Councilmember Buckley. 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 / Parks and Recreation Director Kilroy, Information / Communications Manager Dennis, and Building / Code Enforcement Manager Chipman, and Police Chief Cleary. Lake Elsinore City Council Agenda Regular Meeting of November 10, 2009 Page 3 of 15 CLOSED SESSION REPORT City Attorney Leibold gave an overview of the Closed Session items stating there was no reportable action. PRESENTATIONS / CEREMONIALS Accepted by Dan and Sue Certificate of Appreciation Presented to C R & R Accepted by Dolores Sanchez-Badillo, Community Service & Recycling Coordinator Mayor Magee stating the Pastor from Lambs Fellowship Church had contacted him to volunteer the services of his congregation, which is a wonderful thing for the City of Lake Elsinore. Dan Lincoln commented stated that the congregation is committed to serving the community they live it and they will be repeating the above another round up is scheduled for January 1, 2010. Dolores Sanchez-Badillo stated that the neighboring city of Wildomar had contacted her to see if they would do the same for their community. Mayor Magee noted their accomplishments Lambs Fellowship Church and CR&R worked together in August 2009 to participate in a "Serving the City" day. CR&R donated the trash bins and a roll-top bin for each of the 13 locations. A total of 7 tons of trash & debris was accumulated. CR&R disposed of this at their expense. • There were a total of 310 persons from Lamb's Fellowship who volunteered their time for the event. • 250 of the volunteers went into the field and performed the cleanup activities. • 60 volunteers stayed at the church site preparing food and watching the children of the field workers. • There were 13 different sites that were worked on throughout the City. • They raised $4,200. through donations and offerings to purchase hand tools, gloves, and items to perform the work. • The workers removed almost seven 7 tons of trash and debris from the 13 sites. Lake Elsinore City Council Agenda Regular Meeting of November 10, 2009 Page 4 of 15 National Diabetes Awareness Month Mayor Magee read a proclamation announcing November as National Diabetes Awareness Month. Presentation to Coalition to Improve Education Doug McAllister, Governmental Affairs Director for Verizon Foundation presented a $50,000. check by Verizon to the Coalition to Improve Education. The check was received by Roxanne Petteway, President of the Coalition. Mr. McAllister commented that it is a rare event to receive more than $5,000. however the Coalition to Improve Education has been serving the community since 2003 with only a few volunteers and they have brought the students up to grade level proficiency. Roxanne Petteway thanked Mr. McAllister and announced the Coalition to Improve Education were up and running for another year. Contact information for the Coalition is 951 696-0853, www.literacyandvirtues.org PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Ron Hewison Director of HOPE informed everyone that HOPE still needs turkeys for Christmas. HOPE would be distributing 650 Christmas baskets one week prior to Christmas. 250 gift baskets were going to Senior Citizens with gift certificates inside. Various groups have donated turkeys but still more is needed. John Treese spoke regarding the ongoing Palomar Road Traffic Control and thanked the Councilmembers for the opportunity to work with the Lake Elsinore PEACE group, Manager Dennis and Director Seumalo. He stated the traffic issues on Palomar Road along Serenity Park have been resolved and the benefits are already noticeable after a few weeks. He commented he realizes there are budget controls, but whenever possible, the residents would like to see more of the traffic patrol and get all of the pieces tied together. Mayor Magee thanked Mr. Treese for working with staff to get the job done. Don Maples 11 stated he once owned 2 homes and a business; however due to the economic downfall, he had been homeless on and off for 7 years. Recently he had received a ticket for having a tent on public property and requested how to handle it. The ticket was issued by Lake Elsinore Code Enforcement. Mayor Magee referred Mr. Maples to Acting Community Development Director Weiner for resolution. Lake Elsinore City Council Agenda Regular Meeting of November 10, 2009 Page 5 of 15 Joey Longenecker spoke in reference to the homeless situation in Lake Elsinore. He commented on his life history prior to being homeless, stating the City needs a Homeless Shelter in Lake Elsinore. Peter Dawson commented a lot of good has been done which is unseen in Lake Elsinore in reference to the Lake Elsinore Search and Rescue, such as: • 4,607 hours of service to Lake Elsinore • 52 vessel responses • Coast Guard responses and activity • Boat Safety Classes • Water Safety Classes at the grammar and high school • Literature located at various places around town CONSENT CALENDAR APPROVED There was no public request to speak on any of the items. (2) Warrant List Dated October 29. 2009 Recommendation: Authorized payment of Warrant List dated October 29, 2009. (3) Construction of Interchange Improvements at Interstate 1- 15 and Central Avenue (SR - 74) - Approval of Measure A Funding Agreement for I - 15 /Central Avenue Recommendation: Authorized the Mayor to sign an Agreement on behalf of the City to receive Measure A Regional Arterial fund reimbursements in the amount of $ 2,000,000. (4) Rosetta Canyon Fire Station and Park - Grant of Easement to Elsinore Valley Municipal Water District (EVMWD) Recommendation: Authorized the Mayor to execute the Easement Agreement with EVMWD for Rosetta Canyon Fire Station and Park as to final form approved by the City Attorney. Lake Elsinore City Council Agenda Regular Meeting of November 10, 2009 Page 6 of 15 (5) Construction Contract Award - Gravel Road Paving FY 2009 / 2010 Recommendations: 1. Approved Gravel Road Paving Contract PMP-09 as to form and award the project to All American Asphalt for $ 228,000. 2. Authorized the City Manager to execute the contract with All American Asphalt. (6) Use of Measure A to Fund Replacement of Survey Monuments Recommendations: 1. Approved the use of Measure A funds in an amount Not-to-Exceed $ 35,000. 2. Authorized staff to prepare and distribute a Request-for-Proposal (RFP) soliciting qualified Land Surveyors to submit qualifications and fee schedules for this work. (7) Street Closures for "Put Unity in The Community Parade" Recommendation: Approved temporary street closures for the Unity Parade on November 218t from 8:00 a.m. to 12:00 p.m. for Lewis Street, Graham Avenue, Main Street and Heald Avenue. (8) Indemnity and Defense Coordination Agreement for Lake Street Marketplace Recommendation: Approved the Indemnity and Defense Coordination Agreement and authorized the Mayor to execute the Defense Coordination Agreement and necessary ancillary documents subject to such minor modifications as recommended by the City Attorney. (9) Nichols Road Gap Parcels Recommendation: 1. Approved the Purchase and Sale Agreement. 2. Authorized the Mayor to execute the Purchase and Sale Agreement and the Grant Deed; both in such final form as approved by the City Attorney. 3. Authorized the City Manager to execute the Certificate of Non-Foreign Status, in such final form as approved by the City Attorney. Lake Elsinore City Council Agenda Regular Meeting of November 10, 2009 Page 7 of 15 (10) Amendment to Professional Service Agreement with Francisco & Associates Recommendation: Approved the First Amendment to the Agreement for Professional Services with Francisco & Associates and authorized the City Manager to execute the Amendment in such final form as approved by the City Attorney. MOTION was made by Councilmember Bhutta, second by Mayor Pro Tern Melendez and unanimously carried to adopt the Consent Calendar as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PUBLIC HEARING(S) None. APPEAL(S) None. BUSINESS ITEM(S) (11) Recommendations: 1. Adopted the CDBG Program for Fiscal Year 2010 - 2011. 2. Approved the submittal of the City's program to the County of Riverside. Acting Community Development Director Weiner gave an overview of the 2010-2011 Community Development Block Grant (CDBG) to the Council, stating the money would be used for sidewalk improvements near the elementary and middle schools, upgrades to the Senior Center, Community Center and Code Enforcement Program in order to keep reducing blight. Funding is to be delegated to HOPE and the Boys and Girls Club. Lake Elsinore City Council Agenda Regular Meeting of November 10, 2009 Page 8 of 15 Ron Hewison from HOPE stated he had read the staff report and was in agreement. He noted he would be happy to answer any questions from the Council. Rhonda Guaderrama, Director of Operations for the Boys and Girls Club thanked the Council for past and present support and gave a brief overview how the money would be spent, transportation for youth, scholarships for sports, and camp for children who could not otherwise afford to go. Kay Reid from the Assistance League of Temecula Valley spoke. She requested the Council for consideration of funds for Operation School Bell. She stated she thought perhaps they have not been considered grant funds because they are not physically located in Lake Elsinore. She informed the Council out of the 1,500 students they assist annually; last year one-third or 500 of the youth were from Lake Elsinore. The range of assistance is from Head Start to 8t' grade. The referrals come from the schools, Riverside County Sheriffs and Fire Departments. The Assistance League provides the following to the children: • new backpack • a coat or jacket depending on the season • 3 shirts • 3 pair of pants • 6 sets of underwear • shoes • a new towel • alarm clock, • 2 new books (selected by each student) Ms. Reid noted they hear positive comments from the schools regarding the difference it makes to the students to have the same opportunity as everyone else. Discussion was then taken to the Diaz for comments by Council. Councilmember Hickman thanked Ms. Reid for the good job they are doing and hoped funds could be found to assist them, if not now perhaps in the future. He noted he had lunch with them and was told of the story of a family who had 2 boys, 1 went to school 2 days and week and the other 3 days a week because they were sharing shoes. Councilmember Bhutta thanked everyone for their presentations noting all are providing worthy causes and good programs for the children. However, because of the limited funds she was going to support staffs recommendations. Lake Elsinore City Council Agenda Regular Meeting of November 10, 2009 Page 9 of 15 Mayor Magee thanked Ms. Reid for the job the Assistance League was doing and stated the City has contributed to her program in the past by taking money from the General Fund and noted if adjustments are forthcoming, perhaps Lake Elsinore would be able to assist again. MOTION was made by Councilmember Bhutta, second by Mayor Pro Tem Melendez and unanimously carried to adopt Item No. 11 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. (12) La Strada Project Update Recommendation: Receive and file. Public Works Director / City Engineer Seumalo provided a brief synopsis of the La Strada project and requested an extension of the 2008 Grading Permit. He noted to date, 110 cubic yards have been exported with 4,000 yards of material remaining. Rick Morsch, a Vietnam Veteran thanked Mayor Pro Tern Melendez for speaking at Storm Stadium on Veterans Day to the local veterans and community. He stated he lives 6 blocks from the La Strada Project and has major concerns. He informed everyone the grading began May 2007, prior to a Permit being issued. He stated the project was in full force then stopped, and all the equipment was moved. He noted in May 2009, the project had begun again, yet this time the work being preformed was different than the prior work. He noted the slopes were no longer being torn down, the ground was being graded, and aggregate was being hauled away. He questioned why the Permit wasn't issued until 2008. He commented visually, he does not see them performing the work they are permitted to do. He is also concerned there are too many large hauling trucks coming down the road. Mr. Morsch expressed concern of rumors he has heard regarding a change in ownership and requested the City to review the grading and hauling operation. Mayor Pro Tern Melendez requested a response from Director Seumalo in reference to traffic control, haul routes and why the City does not impose additional requirements. She noted her concern of using La Strada due to children playing, the slope and the blind spot. She noted a traffic signal or stop signs are needed and questioned the monitoring and inspections. She stated her concerns regarding the funding to repair the road and if Bonds were being held. Lake Elsinore City Council Agenda Regular Meeting of November 10, 2009 Page 10 of 15 She further stated the haul was not being kept local; the developer was taking the aggregate somewhere else. Public Works Director / City Engineer Seumalo stated City staff does not have the authority to restrict the use of public streets; however they have encouraged and recommended the Developer use Greenwald and Bella Vista. He commented he was dismayed to hear the grading had begun prior to the Permit being authorized and stated he would go back and verify the Permit dates, perhaps something was noted incorrectly. He stated La Strada and Franklin are public roads. Director Seumalo stated costs vary for repairs due to the multiple options, such as patch, seal or slurry overlay. Councilmember Buckley stated a couple of years ago when the plan was approved, he didn't remember any discussion regarding hauling out more than 10 percent. He questioned if it was common to have an aggregate processing plant on site. Director Seumalo responded stating 10 percent conversion of dirt reduction is common, however, the dirt is gone and aggregate is being taken away. He noted aggregate increases in volume and stated it is not common to have an aggregate processing plant on site. Councilmember Hickman suggested another alternative was to make another road for the haul. He stated La Strada should connect to Camino del Norte and then the danger would be eliminated. He recommended a path be cut to run the haul over to Franklin, noting they can get to the Freeway via a route which has little traffic. Mayor Magee stated he would like to know where the haul was going; his understanding was it was supposed to for the local surrounding communities. He stated everyone had fully expected La Strada to be developed by now. He noted construction equipment can come and go, however, a threshold is needed and there should not be 110 cubic feet of aggregate traveling through a residential area. He noted when the plan was originally presented to Council, it was a great plan, however; everything the developer originally promised has been eliminated. As reference he stated large lots and a Homeowners Association in which none of this has come to pass. Mayor Pro Tern Melendez noted someone had informed her via blog, they had followed a haul truck as far as Warner Springs and finally turned around and yet the truck was still traveling. She requested City Attorney Leibold to advise regarding the legal ramifications of the La Strada Project. City Attorney Leibold stated the Map is final and can not be adjusted. She recommended a Hauling Ordinance could apply to the activity. Lake Elsinore City Council Agenda Regular Meeting of November 10, 2009 Page 11 of 15 (13) A Resolution of the City Council of the City of Lake Elsinore. California, Approving Loan Agreements to be Entered into by the Redevelopment (1999 Series C Refunding), 2009 Series A, in the Aggregate Principal Amount Not-to-Exceed $16,000,000; and Authorizing the taking of Certain other Actions Related Thereto APPROVED Recommendation: 1. Staff recommends that the Authority / City / Agency approve the attached Resolutions and execute the necessary documents to issue bonds in an amount not to exceed $ 16 million to refinance the Authority's 1999C Bonds. Councilmember Hickman gave an overview of the benefits of combining Bonds from the three Agencies, City Council, Redevelopment Agency (RDA) and the Public Finance Authority (PFA) under the Public Finance Authority for a lower rate yet the same term. He noted the savings is estimated to be in excess of $100,000. Passed and adopted the following Resolution: "Resolution No. 2009-058- A Resolution of the City Council of The City Of Lake Elsinore, California, Approving Loan Agreements to be entered into by The Redevelopment Agency of The City of Lake Elsinore in connection with the issuance of The Lake Elsinore Public Financing Authority Tax Allocation Revenue Bonds (1999 Series C Refunding), 2009 Series A, in the Aggregate Principal Amount Not To Exceed $16,000,000; and authorizing the taking of certain other actions related thereto)." MOTION was made by Councilmember Hickman, second by Councilmember Buckley and unanimously carried to approve Item No. 13 and adopt Resolution No. 2009-058 as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Lake Elsinore City Council Agenda Regular Meeting of November 10, 2009 Page 12 of 15 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Timothy Wainsler stated he was glad to see all of the good work and involvement from the community, noting this is the second time he has lived in Lake Elsinore. He has seen improvements, such as the new animal shelter and does not understand why the City does not yet have a Homeless Shelter. He noted in 1995 he worked with the City of Corona and HOPE, and was successful in getting starting a shelter there. He commented there are many things communities can do to help one another. He reminded everyone it is the holiday season, miracles do happen at this time of year, especially when everyone works together. He stated that he had asked Don Maples to attend the meeting to state he could not afford a room and received a $150. ticket for sleeping on grass in America. He suggested the Council obtain a Development Grant as Corona had previously done, and perhaps a Blue Ribbon Committee could be put together. CITY MANAGER COMMENTS Thursday LEUSD - Terra Cotta Gymnasium Dedication Ceremony Nov. 12 1:00 PM Terra Cotta Middle School LEUSD - Karen (951) 253-7015 The Lake Elsinore Unified School District in a joint project with the City of Lake Elsinore will come together to dedicate the Dr. Sharron Lindsay Community Center on Thursday, November 12. Monday Celebrating Heroes in Education - Dr. Passarella Reports Nov. 16 6:00 pm - 8:00 pm Diamond Club 500 Diamond Dr. Reservations Required LEVCC (951) 245-8848 Dr. Passarella will provide the community with an update on the Lake Elsinore Unified School District as part of Celebrate Our Schools Week. Lake Elsinore City Council Agenda Regular Meeting of November 10, 2009 Page 13 of 15 Thursday 6th Annual Educational Career Summit Nov. 19 9:00 am - 12:30 pm Diamond Club 500 Diamond Dr. Reservations Required LEVCC (951) 245-8848 Lake Elsinore Valley Chamber of Commerce and Lake Elsinore Unified School District work to build the skilled workforce of the future. Your participation as a vendor will greatly benefit the 750 students who will be participating in this event. Thursday Business Networking Mixer Benefitting Cops for Kids Nov. 19 5:30 p.m. - 7:30 p.m. Lake Chevrolet 31201 Auto Center Drive Admission: One New Unwrapped Gift Chamber - Anna (951) 245-8845 A special event that directly benefits the children of the Lake Elsinore Valley. Find out about Chamber Membership and promote your business by bringing a raffle Item. Food and Refreshments provided Saturday 8th Annual Tree Lighting Celebration Nov. 21 2:00 pm - 8:00 pm Lake Elsinore Outlets 17600 Collier Ave (951) 245-0087 Join the Lake Elsinore Outlets as they kickoff the holiday season with their annual Christmas Tree Lighting ceremony. Saturday Put the Unity in the Community Parade Nov. 21 10:00 am Historical Downtown Main Street Kathye (951) 674-8423 This annual event celebrates the Lake Elsinore Community with over 100 parade entries that include schools, marching bands, scouts, clubs, and local officials. Lake Elsinore City Council Agenda Regular Meeting of November 10, 2009 Page 14 of 15 CITY ATTORNEY COMMENTS None None CITY COUNCIL COMMENTS Councilmember Hickman stated 4 years ago there was a Homeless Committee making progress and then Riverside County dropped the Grant funding. He has seen women living in their vehicles with their children and he agrees that something needs to be done for the homeless. Also, he thanked the Veterans and stated that his second son will be arriving home from Afghanistan. He reminded everyone to put their flags out. Councilmember Buckley thanked the Veterans for their sacrifice stating he often sees service men in uniform at the airport. He stops and lets them know he is grateful for their commitment. He also stated something needs to be done for the homeless, noting why the County pulled their money was because it was determined they could not spend the Grant funds in another City. He then made a public apology for the previous Friday night and assured everyone he was working to resolve it. Councilmember Bhutta thanked all of the Veterans for their service and reminded everyone to celebrate with their families, which is also the theme for the upcoming Unity Parade on November 21, 2009. Mayor Pro Tern Melendez spoke about Veteran's Day noting the Veterans have sacrificed their lives to protect our values and ideals. She requested everyone to fly their flag proudly, and to say a prayer for the Veterans. Mayor Magee commented attending the event at Storm Stadium was a great way to continue to show support for our Veterans. He briefly mentioned the Fort Hood tragedy and thanked all Veterans for their sacrifice to America. He also encouraged everyone to embrace the upcoming Grand Prix. Lake Elsinore City Council Agenda Regular Meeting of November 10, 2009 Page 15 of 15 ADJOURNMENT IN MEMORIUM Mayor Magee closed the session in memory and honor of all Veterans and the servicemen at Fort Hood, Texas The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday, November 24, 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 low