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HomeMy WebLinkAbout04-27-2010-City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 27, 2010 CALL TO ORDER Mayor Melendez called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: MAYOR MELENDEZ MAYOR PRO TEM BHUTTA COUNCIL MEMBER BUCKLEY COUNCIL MEMBER HICKMAN COUNCIL MEMBER MAGEE ABSENT: NONE Also present:. City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Information/Communications Manager Dennis, Police Chief Cleary, Fire Chief Hendershot and Interim City Clerk Cowley. PLEDGE OF ALLEGIANCE Mayor Melendez invited Paul Niehouse to lead the audience in the Pledge of Allegiance. CLOSED SESSION 1a. Conference with Legal Counsel-Existing Litigation Pursuant to (subdivision (a) of Gov't Code § 54956.9) Michel Knight vs. City of Lake Elsinore (Riverside Superior Court Case No. RIC10001036) 1b: Conference with Legal Counsel-Existing Litigation Pursuant to (subdivision (a) of Gov't Code § 54956.9) Darwin Rogers Booster Trust dated 7/27/2005 (Riverside Superior Court Case No. 095857) Regular City Council Study Session Page 2 of 10 April 27, 2010 City Attorney Leibold announced there were two matters discussed during closed session. She indicated that Item 1a was dismissed and the parties are continuing to discuss settlement of the issues. She stated Item 1b relates to the Darwin Rogers Booster Trust and there is no reportable action. PRESENTATIONS / CEREMONIALS • Presentation of Certificate of Recognition to Gina Magee for being named 2009 Woman of the Year. Mayor Melendez presented a Certificate of Recognition to Gina Magee (wife of Council Member Magee) for being named "Woman of the Year" for District 1, by the County of Riverside Commission for Women. Mayor Melendez commented on Mrs. Magee's dedication length of volunteer service with the Trauma Center. PUBLIC COMMENTS Sharon Gallina announced the Public Utilities Commission Meeting which would be held at the City's Cultural Center on Thursday, April 29, 2010 at 7:00 p.m. Penny Boydstun, resident of Canyon Hills addressed City Council regarding an incident with occurred on Saturday April 24, 2010 in which the westbound side of Railroad Canyon Road had been closed for two days. She expressed her concerns with unpaved roads. Peter Dawson, representing the US Coast Guard proudly announced that for the month of April, eighteen (18) members of LEMARS graduated for their training on Coast Guard Standards. He stated there are two additional classes coming up on May 10th and May 16th CONSENT CALENDAR 2. Approval of City Council Minutes Recommendation: Approve the following minutes: 1. City Council/ Redevelopment Agency Joint Study Session Minutes of April 13, 2010 2. Regular City Council Minutes of April 13, 2010 3. Warrant List Dated April 15, 2010 Recommendation: Authorize payment of Warrant List dated April 15, 2010. Regular City Council Study Session Page 3 of 10 April 27, 2010 4. Investment Report - March 2010 Recommendation: Receive and file. 5. Consideration of Extension of Audit Services with Diehl Evans & Company LLP for the two fiscal years ending June 20. 2010 and 2011 Recommendation: It is recommended the City Council authorize the City Manager to enter into a professional services agreement with Diehl, Evans & Company to perform professional auditing services for the fiscal years ending June 30, 2010 and 2011 in accordance with the fees and terms noted in the proposal. 6. Consideration of the City Council of the City of Lake Elsinore California Supporting AB 1645 - Nestande / Arambula Recommendation: It is recommended that the City Council consider adoption of Resolution No. 2010-014 supporting AB 1645. 7. Consideration of Purchase Order Adjustment for Contract Plan Checker - Harris & Associates. Recommendation: order increase in purchase order increase. 8. Consideration of Buxton Retail List Assessment Recommendation: Receive and file It was moved by Council Member Magee and seconded by Council Member Buckley to approve Consent Calendar Items 2 through 5, 7 and 8. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None ITEMS PULLED FROM THE CONSENT CALENDAR 6. Consideration of the City Council of the City of Lake Elsinore California Supporting AB 1645 - Nestande / Arambula Recommendation: It is recommended that the City Council consider adoption of Resolution No. 2010-014 supporting AB 1645. It is recommended the City Council (1) approve the purchase the amount of $175,000; and (2) authorize staff to process the Mayor Melendez advised the public the purpose of Assembly Bill 1645 and what to expect should the bill get passed. Regular City Council Study Session Page 4 of 10 April 27, 2010 It was moved by Mayor Melendez and seconded by Council Member Hickman to approve the balance of the Consent Calendar. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tem Bhutta and Mayor Melendez. Noes: None PUBLIC HEARING(S) 9. Consideration of Resolution No. 2010-015 of the City Council of the City of Lake Elsinore Vacation the Public Road Easement Rights in Tract 31706, Bridgegate Community. Recommendation: It is recommended the City Council adopt Resolution No. 2010-015 to vacate public road easement rights and reserve a public utility easement, and emergency vehicle access easement, and a private road easement. Mayor Melendez opened the Public Hearing at 7:14 p.m. Public Works Director/City Engineer Seumalo provided an overview of the project to the City Council and indicated he would be available to answer any questions the Council may have. Mayor Melendez asked if any written correspondence had been received pertaining to this item. City Clerk Cowley responded by saying there were no written correspondence received. Mayor Melendez asked if anyone wished to speak either for or against the project. There being none, Mayor Melendez asked if anyone in the audience wished to speak. Penny Boydstun, resident of Canyon Hills requested clarification as to what this means. Public Works Director/City Engineer Seumalo advised that the roadway taken from the public domain into private domain would be privately maintained. However, access would be allowed for the preservation of public utilities and emergency vehicles. The City Manager advised the area is already a gated community. Public Works Director/City Engineer Seumalo noted the gate to the community was at the top of the street. He stated all the streets that are mentioned in the staff report would be private and controlled by the Homeowners Association. Mayor Melendez closed the Public Hearing at 7:18 p.m. Regular City Council Study Session Page 5 of 10 April 27, 2010 It was moved by Mayor Pro Tem Bhutta and seconded by Council Member Hickman to approve Resolution No. 2010-015 of the City Council of the City of Lake Elsinore Vacationing the Public Road Easement Rights in Tract 31706, Bridgegate Community. The motion unanimously carried by the following vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tem Bhutta and Mayor Melendez. Noes: None APPEAL(S) There are none. BUSINESS ITEMS) 10. Consideration of an Ordinance of the City Council of the City of Lake Elsinore California. amending chapter 8.44 of the Lake Elsinore Municipal Code Regarding Bowfshing Recommendations: It is recommended the City Council waive further reading and introduce by title only Ordinance No. 1275 Adopting Section 8.44.055 Bowfishing for carp on Lake Elsinore. Director of Lake and Aquatics Kilroy provided an overview of the project to the City Council along with a PowerPoint presentation. Mayor Melendez asked the City Clerk if she had received any requests to speak on the item. City Clerk Cowley replied she had none. Council Member Buckley thought the idea was good particularly since Big Bear Lake had great results. Mayor Pro Tern Bhutta asked staff who would be responsible for enforcing the safety of this sport and monitor the protection of other types of fish, animals or birds. She also suggested changing the age requirements from age 15 to age 18. Director of Lake and Aquatics Kilroy responded by saying the Lake Patrol would enforce the safety to humans and anyone caught causing harm to other animals or birds would be in violation of the State Fish and Game Code which would be handled by the Sheriffs or Game Warden. He noted as far changing the age requirements to 18, he was trying to stay consistent with the California regulations; however, would discuss it with the City Attorney. Council Member Hickman asked if there would be season for Bowfishing and if it would be restricted to certain areas of the lake. Regular City Council Study Session Page 6 of 10 April 27, 2010 Director of Lake and Aquatics Kilroy replied by saying currently there wasn't a specific time in place. He stated if it would be shoreline fishing, then it would begin at 10:00 a.m. however, if they would be fishing from the boat then it would be from sunrise to sunset. He stated restricted areas that would stated in the code, such as wading, marinas and channels. He stated staff could come up with a set of regulations to post in key locations. Council Member Magee indicated the Fish and Game Warden quite often patrol the lake and check fishing licenses. He noted Mayor Pro Tern Bhutta's concern with the age, however noted it was staffs goal to make this consistent with the existing State regulations. He thanked staff and the PSAC members for their incredible job of analyzing this, and suggested adding the regulations to the sign boards around the lake. Mayor Melendez thanked the Director of Lake and Aquatics Kilroy for his work researching this sport and stated it looked like fun. She asked the City Manager to address the fines should someone get caught in violation for misconduct. City Manager Brady advised Council in accordance with the Municipal Code the first fine would be $100 the second would be $200 and any violation thereafter would be $500.00. It was moved by Council Member Buckley and seconded by Council Member Magee to waive further reading and introduce by title only Ordinance No. 1275. The motion unanimously carried by the roll-call vote: Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tem Bhutta and Mayor Melendez. Noes: None 11. Consideration of Commercial Design Review No. 2009-07 for Walgreens Drugstore and Associated Onsite Improvements Recommendations: That the City Council adopt: (1) Resolution No. 2010-016 adopting findings of consistency with the Multi-Species Habitat Conservation Plan (MSHCP); and (2) Resolution No. 2010-018 approving commercial Design Review No. 2009-07. Senior Planner Harris provided an overview of the project to the Council. Mayor Melendez asked if anyone wished to speak in favor or against this project. Rick Morsch, resident of the City stated he supports this project and considers the project well-designed. He suggested to the Council adding a condition that would require reciprocal ingress/egress and parking easement to the south of the project. The other issue is the State Farm Insurance sign which encroaches onto the Walgreen's site and suggested Walgreen's grant a sign easement. Regular City Council Study Session Page 7 of 10 April 27, 2010 Donna Niehouse, business owner of State Farm Insurance which is adjacent to the project spoke of her concerns regarding the rear view and the lack of landscaping. Joel Jennings representing Poirier & Associates Architects, David McDowell representing PHD Group, LLC and Gary Martin with Mayers & Associates indicated they would be available to answer any questions the Council may have. They provided virtual PowerPoint presentation to Council of what the new Walgreens would look like. Council Member Buckley indicated the building compliments the Ballpark District; however, suggested adding more trees and a mural to the wall. City Attorney Leibold addressed Condition No. 37 which she read into the record amending the language which went as follows: The City in cooperation with the Lake Elsinore Redevelopment Agency shall fully fund the creation and installation of all artwork on the sports monument including the City logo and associated halo illumination. In addition, the City shall fully fund the ongoing long-term maintenance of the artwork, which is the City logo and associated halo illumination. The Redevelopment Agency and the City would provide final approval of the artwork and the City would provide the cost associated with the creation and installation of the artwork. Mayor Pro Tern Bhutta stated she is glad to see staff and the developer work with the existing business owners. She asked for clarification regarding the utility meter. She stated she likes the aesthetics of the building; however, she had concerns that there are two other pharmacies located within the vicinity. She asked if there was any market research conducted showing the need for another drug store. She asked if there is a starting date for construction. Joel Jennings responded by saying there is an existing gas meter is located on Walgreen's property which would need to be relocated. David McDowell stated that Walgreen's is a national company that has the highest share of drug sales within the United States. They have an extensive research team that showed that there is ample room for front end sales as well as prescriptions and the hours of the store would be 24 hours which the other drug stores do not offer. He stated that if this project is approved, they would like to start construction as soon as possible and are hoping to have the store opened within eight to nine months after the completion of construction. Council Member Hickman spoke of his concerns with the traffic congestion during when there are games scheduled on the weekend, and requested the developer to work with staff. He also spoke of his concerns with re-paving and suggested to have it completed after the construction of the new road. Council Member Magee expressed his gratitude to the developer and staff for working together to achieve an exceptional design. He concurred with Council Member Buckley's comments on the design of three sides of the building; however, indicated the last side of the building is a disappointment, and he understands the concerns of Donna Niehouse. He suggested adding a condition to address landscaping and possibly a Regular City Council Study Session Page 8 of 10 April 27, 2010 mural. He suggested possibly having the item brought back to the Planning Commission in two weeks for them to consider the additional landscaping and adding a mural to the side of the building. He also requested changing Condition No. 17 that spoke of the hours of the drive through operation, which would state "any changes in the hours of operation would be administratively approved by the City Manager or his designee; and that the design could be appealed". Mr. McDowell replied by saying he hesitated on speaking on behalf of Walgreens because adding a mural is something that Walgreens has never been requested to do in the 6,000 stores. He stated it would be a hardship on Walgreen's. If it was necessary he would speak to Walgreen's but does not feel they would provide the funds for the additional art work. He addressed the suggestion of adding larger trees and stated the landscaping for the project includes having a budget of $2,500 for trees spaced every twenty feet. He stated he is comfortable with Condition 17 amending the hours of operation are the typical hours of operation for the pharmacy drive-through. Council Member Buckley suggested modifying Condition No. 37 to address adding more trees to the side of building and to add an art mural. Mayor Melendez asked who would be responsible for maintaining the clean up of the art work and expressed concern with the wall being tagged. She stated she feels that Walgreens is going to want to have the control. Mr. McDowell expressed that Walgreens has made it very clear that they prefer not to do public art, because it can never be changed. He stated he feels that public art is not the best solution; however, an architectural enhancement would be a better choice. He pointed out that the trees would be drought resistant and would be on the list that the City has approved, and would be delivered to the site for the adjacent property owner to plant. Council Member Magee suggested adding a condition that would state the applicant shall submit architectural enhancements, landscaping and or a public are plan for the City Manager or his designee to approve. It was moved by Council Member Buckley and seconded by Council Member Hickman to approve City Council Resolution No. 2010-016 adopting findings of consistency with the Multi-Species Habitat Conservation Plan (MSHCP). Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None It was moved by Council Member Magee and seconded by Council Member Buckley to approve City Council Resolution No. 2010-018 approving Commercial Design Review No. 2009-07 including modifications to Conditions 17, 37, 43a and 43b. Ayes: Council Members: Buckley, Hickman, and Magee, Mayor Pro Tern Bhutta and Mayor Melendez. Noes: None The City Council recessed and convened to the Redevelopment Agency at 8:12 p.m. Regular City Council Study Session April 27, 2010 The City Council reconvened at 8:14 p.m. PUBLIC COMMENTS - NON-AGENDIZED ITEMS None CITY MANAGER COMMENTS City Manager Brady commented on the following: Page 9 of 10 • Wednesday, April 28th the Southwest California Business Summit would be held at the South Coast Winery from 8:00 a.m. to 2:00 p.m. • Wednesday, April 28th there will be a Climate Action Plan Public Meeting to be held at the City's Cultural Center at 6:30 p.m. • Friday, April 30th would be the Lake Elsinore Valley Chamber of Commerce's 15th Annual Golf Tournament at the Links at the Summerly Golf Course to begin at 7:30 a.m. • Saturday, May 1st would be the City of Lake Elsinore Scholarship Pageant to be held at the Lakeland Village Middle School at 6:00 p.m. • Saturday, May 1st Habitat for Humanity Re-Store Grand Opening located on Central Avenue from 12:00 p.m. • Thursday, May 6th would be the public "Build-a-Budget" Workshop to be held at the City's Cultural Center from 6:00 p.m. to 8:30 p.m. • Tuesday, May 11th would be the Student of the Month Award Luncheon from 12:00 p.m. 2:00 p.m. at the Sizzler's Restaurant on Casino Drive. LEGAL COUNSEL COMMENTS No comments. CITY COUNCIL COMMENTS Council Member Magee thanked Mayor Melendez for her kind words directed to his wife Gina Magee. He advised the public that this upcoming Saturday in the City Riverside, Brandon Cleary, the son of Police Chief Cleary would become an Eagle Scout and congratulated him for his achievement. Council Member Hickman reminded the public that applications for the Planning Commission are available at the City Clerks Department. Regular City Council Study Session Page 10 of 10 April 27, 2010 Mayor Pro Tern Bhutta advised the public she received an email from a resident regarding the gym at Terra Cotta Middle School. She stated that Council is currently working on an agreement with the School District may appear on the City Council Agenda within 30 days. She indicated that the City has successfully launched its Citizen's Action Activity Team last week and the information can be found on the City's Web site. Council Member Buckley had no comments. Mayor Melendez again congratulated Gina Magee for being named "2009 Woman of the Year". She also congratulated the LEMARS graduates and reminded everyone of the Budget Workshop at 6:00 p.m. on May 6th at the City's Cultural Center. She addressed the concerns regarding the possibility of the two hospitals in the area closing. She stated there would be several meetings held to discuss the potential closures and she advised the public that she would keep the public informed as new information became available. ADJOURNMENT There being no further business to come before the Council the meeting was adjourned at 8:22 p.m. to a regular meeting to be held on Tuesday, May 11, 2010, at 7:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530 California. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTE (CAROL COWLEY, NTERIM (VTY CLERK CITY OF LAKE ELSINORE