HomeMy WebLinkAbout07-27-2010 City Council MinutesMINUTES
F1 REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JULY 27, 2010
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CALL TO ORDER
Mayor Melendez called the Regular City Council Meeting to order at 7:07 p.m.
ROLL CALL
PRESENT: MAYOR MELENDEZ
MAYOR PRO TEM BHUTTA (arrived at 7:14 p.m.)
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, Police Chief Fontneau, Fire Chief Hendershot, Planning Consultant
Coury, and Interim City Clerk Cowley.
PLEDGE OF ALLEGIANCE
Mayor Melendez invited Barbara Anderson to lead the audience in the Pledge of
Allegiance.
CITY COUNCIL CLOSED SESSION
City Attorney Leibold announced that there were no items under the City Council
Agenda to discuss during closed session.
PRESENTATIONS / CEREMONIALS
Chamber of Commerce Quarterly report
Recognition of Business of the Quarter — Z Best Body and Paint
I Flag Presentation
Regular City Council Meeting Page 2 of 11
July 27, 2010
Kim Cousins representing the City's Chamber of Commerce provided the quarterly
report of 2010 to the City Council.
Mayor Melendez provided a plaque of recognition to Patrick Helferich the owner of
"Z Best Body and Paint" for the Business of the Quarter for 2010. She also received a
United States Flag which was presented to the City of Lake Elsinore by Lieutenant
Commander Melendez who recently returned from serving in Afghanistan. Lieutenant
Commander Melendez served as a Public Affairs Officer in the Navy who reported on
the soldiers who served overseas. He provided to the City of Lake Elsinore a certificate
and US Flag which was flown over Kabul Afganistan on May 15 2010.
PUBLIC COMMENTS
Chris Hyland resident of the City spoke of a complaint made about a car parked in her
driveway that had flat tires. She advised the Council that the vehicle would be moved
as quickly as possible.
Barbara Middlebrook, President of the Arts Network spoke of the upcoming event called
Music with a View which would be held on August 14, 21, 28 and September 4, 2010 at
McVicker Park. She stated the events are free to all and for further information contact
www.musicwithaview.com
John Garrett, President of the Temecula Valley Astronomers Club spoke regarding the
City's Lighting Ordinance and distributed a flyer to Council which describes what the
Palomar Observatory does and the new program the observatory has to offer.
Warren Stephenson spoke of the Lake Elsinore Relay for Life which is to take place on
October 9 th through October 10 2010 at the Canyon Lake Middle School.
Ken MacLeod spoke of the outdoor lighting in some areas are insufficient and how they
can be repaired to improve safety.
CONSENT CALENDAR
(3) Warrant List Dated July 15, 2010
Recommendation Authorize payment of Warrant List dated
July 15, 2010.
(4) Investment Report for June 2010
Recommendation It is recommended the City Council receive and file the
report. n
(5) Proclamation of the City Council Suspending Burning Permits and Other Uses of
Open Fire
Regular City Council Meeting
July 27, 2010
Recommendation it is
proclamation suspending
fire.
Page 3 of 11
recommended the City Council consider adopting the
the issuance of burn permits and other uses of open
(6) Consideration of Non - Professional Service Agreement Extension: KJ Services
Environmental Consulting
Recommendation It is recommended the City Council authorize the City
Manager to approve the use of KJ Services Environmental Consulting for the
second year of their three (3) year contract.
(7) Consideration of Resolution to approve placing Delinquent Refuse Bills on FY
2009 -10 Tax Roll
Recommendation It is recommended that the City Council adopt Resolution No.
2010 -047 and instruct the City Clerk to file with the Riverside County Auditor, a
certified copy of Resolution No. 2010 -047 along with the 120 -days past due
accounts report.
(8) Consideration of Resolution to Approve Placing Delinquent Weed Abatement
Invoices on Tax Roll
Recommendation It is recommended that the City Council adopt Resolution No.
2010 -048 for Weed Abatement Cost Recovery and direct staff to place special
assessments against the properties listed in the itemized report on file with the
City Clerk's Office.
It was moved by Mayor Pro Tem Bhutta and seconded by Council Member Hickman to
approve Consent Calendar Items 2 through 8. The motion unanimously carried by the
following vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern
Bhutta and Mayor Melendez; Noes: None. Absent: None
PUBLIC HEARING(S)
(9) Consideration of Revision No. 1 to Tentative Tract Map No. 31593
Recommendation It is recommended the City Council adopt Resolution No.
2010 -049 approving Revision No. 1 to Tentative Tract Map No. 31593.
Mayor Melendez opened the Public Hearing at 7:28 p.m.
Planning Consultant Coury provided an overview of the staff report to the City Council.
He stated the applicant is available to answer any question the Council may have.
Regular City Council Meeting Page 4 of 11
July 27, 2010
Eric Lunde, representing the developer addressed the Council advising them that he
would be available to answer any questions they may have.
Mayor Melendez closed the Public Hearing at 7:32 p.m.
It was moved by Council Member Buckley and seconded by Council Member Magee to
adopt Resolution No. 2010 -049, approving Revision No. 1 for Tentative Tract Map No.
31593.
Mayor Melendez requested clarification regarding Condition of Approval No. 65
City Attorney Leibold responded by saying the existing ordinance that was recently
adopted by the City Council modify's the City's grading provisions regarding any hauling
of earth material. She stated if there is any export of any earth material of 2000 cubic
yards or more, a hauling route is required to be submitted to staff, which would be
reviewed and approved by the City Engineer. She stated if the export is 5000 cubic
yards or more, the hauling route and reports are submitted are to the City Council for
approval. She stated the Planning Commission modified the ordinance to not include
the 5,025 cubic yards and would be submitted to the Planning Commission which is
different language than the current ordinance.
Mayor Melendez asked if there was a special reason to change the ordinance.
Director of Public Works Seumalo stated at the Planning Commission meeting the
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Commission felt that they would like to review the circulation of the plans.
Mayor Pro Tern Bhutta asked about Condition No. 9 where it discusses the issuance of
Certificate of Occupancy and suggested to add a time period.
Council Member Hickman thanked Mr. Lunde for the changes made to this future
development. He asked him if he believes there would be any hauling of more than
5,000 yards of dirt. Mr. Lunde replied by saying he does not anticipate it at this time.
A substitute motion was made by Mayor Pro Tem Bhutta to approve Resolution No.
2010 -049 adding language of a time frame of 24 months to Condition No. 9 and having
the language of Condition No. 65 remain as originally approved by City Council. Motion
died for a lack of second.
Council Member Buckley amended his earlier motion to approve Resolution
No. 2010 -049 without the approval of Condition No. 65.
The motion was seconded by Council Member Magee and unanimously carried by the
following vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern
Bhutta and Mayor Melendez; Noes: None. Absent: None
Regular City Council Meeting
July 27, 2010
Page 5 of 11
F (10) Consideration of Specific Plan No. 2010 -01 Amendment No. 3 to the Canyon
Hills Specific Plan
Recommendation It is recommended the City Council: (1) adopt Resolution No.
2010 -050 making Findings that the Project is consistent with the Multiple Species
Habitat Conservation Plan (MSHCP); (2) Adopt Resolution No. 2010 -051
approving Addendum No. 3 to the Final EIR for the Canyon Hills Specific Plan;
and (3) Introduce Ordinance No.2010 -1282 by title only and waive further reading
approving Amendment No. 3 to the Canyon Hills Specific Plan.
Mayor Melendez opened the Public Hearing at 7:38 p.m.
Planning Consultant Coury provided an overview of the staff report to the City Council.
He advised the Council that the applicant is requesting to change Condition No. 8 which
discusses road way width which would be consistent with the Specific Plan requirement.
The modification of the condition was read into the record. He advised the Council that
the applicant is available to answer any questions the Council may have.
Council Member Magee advised the Council that he received a letter from Elaine Rocio
opposing the project.
Mayor Melendez closed the Public Hearing at 7:48 p.m.
Council Member Hickman asked staff to clarify Condition No. 8 which discusses
roadway width for streets designated as "local' shall be 40 feet of pavement on 60 -feet
of right -of -way.
Planning Consultant Coury responded by saying he would check with the Engineering
staff, however he believes it would be a difference of about 4 feet. He stated 40 feet
would allow two lanes with parking on each side. Director of Public Works Department
Seumalo noted the reduced section allows for two 12 foot lanes with 6 foot shoulders or
parking on one side and two 12 foot lanes.
Mayor Pro Tern Bhutta asked about the neighborhood park that has been proposed for
the area.
Mike Taylor representing Pardee Homes thanked City Council and staff. He stated as
part of the Development Agreement, Pardee Homes is required to provide a community
park as part of the agreement. He stated he has been meeting with City staff on the list
of final amenities including two little league fields, two soccer fields, a water play area,
tot lots, basketball and picnic areas. He stated that Pardee Homes will maintain the
park for two years per the agreement. He indicated that Pardee Homes is also
considering installing artificial turf to help reduce the amount of watering. He expressed
with the added amenities Pardee Homes may need to conduct some fund raising to
help with the costs.
Regular City Council Meeting
July 27, 2010
Page 6 of 11
It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Buckley to
approve Resolution No. 2010 -050, a resolution of the City Council adopting findings
that the project known as Canyon Hills Specific Plan Amendment No. 3 is consistent
with the Western Riverside Multiple Species Habitat Conservation Plan including the
amended modification to the Development Agreement which extends the exemption
from the Development Agreement. The motion unanimously carried by the following
vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and
Mayor Melendez; Noes: None. Absent: None
It was moved by Mayor Pro Tem Bhutta and seconded by Council Member Buckley to
approve Resolution No. 2010 -051, a resolution of the City Council adopting findings to
certify addendum No. 3 to the final supplement environmental Impact Report (State
Clearinghouse No. 87111606). The motion unanimously carried by the following vote:
Ayes: Council Members: Buckley, Hickman, Magee, Mayor Pro Tern Bhutta and Mayor
Melendez; Noes: None. Absent: None
It was moved by Mayor Pro Tern Bhutta and seconded by Council Member Magee to
introduce Ordinance No. 2010 -1282 and read by title only and waive further reading
approving Amendment No. 3 to the Canyon Hills Specific Plan. The City Clerk read the
Title of Ordinance No. 2010 -1282 into the record. The motion unanimously carried by
the following roll call vote: Ayes: Council Members: Buckley, Hickman, Magee, Mayor
Pro Tern Bhutta and Mayor Melendez; Noes: None. Absent: None.
(11)
Recommendation It is recommended that the City Council (1) adopt Resolution
No. 2010 -053 adopting findings of consistency with the Multi- Species Habitat
Conservation Plan; (2) adopt Resolution No. 2010 -054 approving Tentative
Parcel Map No. 35336; and (3) Resolution No. 2010 -055 approving Tentative
Tract Map No. 35337.
Mayor Melendez opened the Public Hearing at 7.53 p.m.
Council Member Buckley left the dais at 7:53 p.m.
Senior Planner Harris provided an overview of the project to the Council.
There being no requests to speak, Mayor Melendez closed the Public Hearing at 7:57
p.m.
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Regular City Council Meeting Page 7 of 11
July 27, 2010
I It was moved by Council Member Magee and seconded by Council Member Hickman to
adopt Resolution No. 2010 -052 a resolution of the City Council adopting findings of
consistency with the Multiple Species Habitat Conservation Plan (MSHCP) for the
project known as Tentative Parcel Map No. 35336 and Tentative Tract Map No. 35337
within the Spyglass Ranch Specific Plan. The motion carried by the following vote:
Ayes: Council Members: Hickman, Magee, Mayor Pro Tern Bhutta and Mayor
Melendez; Noes: None. Absent: Buckley.
It was moved by Council Member Magee and seconded by Council Member Hickman to
adopt Resolution No. 2010 -053, a resolution of the City Council approving Tentative
Parcel Map No. 35336. The motion carried by the following vote: Ayes: Council
Members: Hickman, Magee, Mayor Pro Tenn Bhutta and Mayor Melendez; Noes: None.
Absent: Buckley.
It was moved by Council Member Magee and seconded by Council Member Hickman to
adopt Resolution No. 2010 -054, a resolution of the City Council approving Tentative
Tract Map No. 35337. The motion carried by the following vote: Ayes: Council
Members: Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; Noes: None.
Absent: Buckley.
Council Member Buckley returned to the dais at 7:58 p.m.
APPEALS)
There are none scheduled.
BUSINESS ITEM(S)
(12) Consideration of Ordinance No. 2010 -1283 of the City Council of the City of Lake
Elsinore, California, Amending Sections 6.04.020, 6.04.030, 6.04.060, 6.04.070
6.04.140. 6.04.245 and Exhibit A to Chapter 6.04 of the Lake Elsinore Municipal
Code Regarding Animal Control
Recommendation It is recommended the City Council waive further reading and
introduce by title only Ordinance No. 2010 -1283
Mayor Melendez requested the reading of the staff report.
Director of Lake and Aquatic Department Kilroy provided an overview of the item to the
Council.
Council Member Hickman wanted to advise the public the cost of the new animal shelter
which is $173,000. He stated if the City of Wildomar chooses not to join in then the City
F1 of Lake Elsinore's fees would increase to $784,000 which is why the City is requesting
the fees be increased. He suggested asking for a continuance because there are too
many questions unanswered.
Regular City Council Meeting Page 8 of 11
July 27, 2010
Mayor Pro Tern Bhutta informed the public that the cost of the animal shelter would be
reassessed every year depending on the amount of animals that are dropped off at the
facility. 17
Council Member Buckley noted that the City of Wildomar currently pays $90,000 for
their animal control fees, which does not include any sheltering service and if they don't
join the JPA, they will need to provide a shelter. He noted the City has set aside two
years of cost for the animal shelter, and none of the cities that have agreed to join have
figured out a way to have a shelter at a lower cost.
Mayor Melendez pointed out that the shelter is built. She asked Ms. Bagwell if the
officers go house to house verifying the animals are licensed. Ms. Bagwell stated no,
not in the City of Lake Elsinore. Mayor Melendez asked Ms. Bagwell how the costs are
calculated between each city. Ms. Bagwell stated it depended on the percentage of
animals that are brought in by the city. Mayor Melendez asked how the animal shelter
determined where an animal came from, if it is dropped off during the evening without
any tags. Ms. Bagwell stated, if a dog is tied up to the fence in front of the shelter, the
responsibility for costs are rotated to each city. However if the animal is found loose in
the city, then the animal control would consider the animal a Lake Elsinore stray. Mayor
Melendez stated she felt that Lake Elsinore was bearing the burden of other cities
because the animal shelter happened to be with the city limits. Mayor Melendez asked
what would happen if an animal was picked up within the city limits, yet it had a license
that indicated the animal belonged to an owner in the County. Ms. Bagwell stated the
animal would be turned over to the County Shelter. Mayor Melendez indicated that she
felt the City of Lake Elsinore is at a disadvantage as Lake Elsinore is half the size of
other city's yet Lake Elsinore cost is the highest.
Council Member Buckley noted the Mayor's concerns and stated that the new shelter
would be located in the City of Wildomar. He stated the new shelter would have a night
drop area.
Council Member Hickman asked if the hours for patrol services would be increased.
Ms. Bagwell stated the City of Lake Elsinore is budgeted for eight hours of field service,
and the other cities are paying more for the field service.
Director of Lake and Aquatic Department Kilroy noted that there are still some issues
that are being worked out before the agreement comes before City Council for approval.
Mayor Pro Tern Bhutta asked if the service hours ha
Bagwell stated the shelter tries to canvas for licensing.
how many hours are set aside for neighboring cities.
saying the officers set aside five hours for canvassing.
they have had any emergencies, however due to the
canvassing has become almost impossible.
ve changed in the City. Ms.
Mayor Pro Tern Bhutta asked
Officer Middleton replied by
Depending on whether or not
increase of emergency calls, n
I I
Regular City Council Meeting Page 9 of 11
July 27, 2010
F1 It was moved by Council Member Buckley, seconded by Council Member Magee to
waive further reading and introduce by title only Ordinance No. 2010 -1283, amending
sections 6.04.020, 6.04.030, 6.04.060, 6.04.070, 6.04.140, 6.04.150, 6.04.245 and
exhibit A to Chapter 6.04 of the Lake Elsinore Municipal Code regarding animal control.
The City Clerk read the Title of Ordinance No. 2010 -1283 into the record. The motion
unanimously carried by the following roll call vote: Ayes: Council Members: Buckley,
Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; Noes: None. Absent:
None.
(13) Consideration of an Ordinance of the City Council of the City of Lake Elsinore,
California, Adopting the City Public Works Standard Drawings
Recommendation It is recommended the City Council waive further Reading
and introduce by title only Ordinance No. 2010 -1284 adopting the Public Works
Standard Drawings.
Mayor Melendez requested reading of the staff report.
Director of Public Works Seumalo provided an overview of the item to Council.
It was moved by Council Member Buckley and seconded by Council Member Magee to
waive further reading and introduce by title only Ordinance No. 2010 -1284, an
(— Ordinance of the City Council adopting the Public Works Standard Drawings. The City
Clerk read the Title of Ordinance No. 2010 -1284 into the record. The motion
unanimously carried by the following roll call vote: Ayes: Council Members: Buckley,
Hickman, Magee, Mayor Pro Tern Bhutta and Mayor Melendez; Noes: None. Absent:
None.
The City Council recessed and convened to the Redevelopment Agency at 8:27 p.m.
The City Council reconvened at 8:29 p.m.
PUBLIC COMMENTS – NON AGENIZED ITEMS – 3 MINUTES
Chris Hyland, resident of Lake Elsinore addressed the City Council on recent
accusations made against her. She stated she had researched salaries of City
Managers in the County and pointed out that Lake Elsinore's City Manager makes the
least amount and is doing a fantastic job.
CITY MANAGER COMMENTS
City Manager Brady commented on the following
Thursday, July 29 would be the EDC of Southwest California Five Chamber
Ribbon Cutting & Open House from 5:30 p.m. to 8:00 p.m. to be held at the
Southwest Traders Facility located at 27711 Diaz Road, Temecula.
Regular City Council Meeting
July 27, 2010
Page 10 of 11
• Friday, July 30 9` Annual Pirate's Treasure Reverse Drawing to be held at the
Diamond Club from 6:00 p.m. to 10:00 p.m. The cost of the event is $125 per
person.
• Monday, August 2 6 Annual Storm Golf Tournament to be held at the Redhawk
Gold Course at 8:00 a.m.
• Wednesday, August 4 Movies in the Park held at the Summerlake Park starting at
7:30 p.m. to 10:00 p.m. free of charge.
• Saturday, August 7 Household Hazardous Waste Collection Event to be held at
the Public Works Yard located at 521 N. Langstaff Street. Free to City and County
residents.
CITY ATTORNEY COMMENTS
She had no comments.
CITY COUNCIL COMMENTS
Council Member Magee commented on the following
• He stated he receive a phone call from Supervisor Buster's office and the Supervisor
that he has written a check in the amount of $10,000 for the aquatic program at
Lakeside High School.
• He thanked Lieutenant Commander Melendez for his service to our Country and
welcomed him home. 17
Council Member Hickman commented on the followinq
• He advised the public that he is on the Riverside Transit Agency and advised the
public that a bus has been donated to the City of Lake Elsinore and for those who
are in need of transportation the number to call is (951) 565 -5044.
Council Member Buckley commented on the following:
• He spoke of the recent activity that has occurred in the City of Bell which has
impacted all levels of government.
Mayor Pro Tern Bhutta commented on the following:
• She reminded the public that now is the time to enjoy the lake and to shop locally.
Mayor Melendez commented on the following:
• She noted that there has been some discussion about a veteran's memorial site.
She explained to the community that the discussion is in the initial stages and will
take planning, money and patience. 1�
Regular City Council Meeting
July 27, 2010
ADJOURNMENT
Page 11 of 11
The Lake Elsinore City Council adjourned the meeting at 8:37 p.m. to a regular meeting
to be held on Tuesday, August 10, 2010, at 7:00 p.m. to be held in the Cultural Center
located at 183 N. Main Street, Lake Elsinore, CA 92530.
MELISSA MELENDEZ, MAYOR
CITY OF LAKE ELSINORE
Al EST:.,_
Y, INTERIM CITY CLERK
ELSINOKE