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
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