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HomeMy WebLinkAbout2010-01-12 City Council Item No. 2CITY OF LAKE r' LSIRO DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JANUARY 12, 2010 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council minutes are submitted for approval: Recommendation: (a) City Council / Redevelopment Agency / Public Finance Authority Joint Study Session Meeting Minutes November 24, 2009 (b) Regular City Council Meeting Minutes November 24, 2009 (c) Regular City Council Meeting Minutes December 22, 2009 Recommendation Approve the Minutes as submitted. Prepared by: Debora Thomsen City Clerk Approved by: Robert A. Brady City Manager CC January 12, 2010 Item No. 2 Page 1 of 58 Page 1 of 15 CITY OF LAKE ELSINORE JOINT CITY COUNCIL / REDEVELOPMENT AGENCY / PUBLIC FINANCE AUTHORITY STUDY SESSION - AGENDA REVIEW MINUTES November 24th, 2009 (not official until approved) CITY COUNCIL CALL TO ORDER - 4:00 PM Mayor Magee called the regular meeting of the Lake Elsinore Joint City Council / Redevelopment Agency / Public Finance Authority Agenda Review Study Session to order at 4:04 p.m. on Tuesday, November 24t , 2009 in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. ROLL CALL Mayor Magee called the roll in the absence of the City Clerk. PRESENT: Mayor Magee, Mayor Pro Tern Melendez Councilmember Bhutta. ABSENT: Councilmember Buckley, Councilmember Hickman. Also present: City Clerk Thomsen (4:45 p.m.) City Manager Brady, and City Attorney Leibold. Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Information / Communications Manager Dennis, Director of Lake / Aquatics and Parks and Recreation, Building and Safety Manager Chipman, and Police Chief Cleary. PRESENTATIONS / CEREMONIALS City Manager Brady informed Mayor Magee Mr. Kim Cousins would be present at the 7:00 pm meeting for the Chamber of Commerce, and Viet Tran would be attending for Southern California Edison. He further stated he had not yet received final confirmation from the Storm or Mr. Oster. CC January 12, 2010 Item No. 2 Page 2 of 58 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority Joint Study Session for Agenda Review Meeting Minutes of November 24, 2009 Page 2 of 15 Certificate of Appreciation for Dave Oster and Storm Entertainment Chamber of Commerce Quarterly Update Southern California Edison Update PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE None. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item) (2) Approval of City Council Minutes NO QUESTIONS / COMMENTS Recommendation: Approve the following minute(s): (a) Regular City Council Meeting Minutes from October 13, 2009. (b) Regular City Council Meeting Minutes from October 27, 2009. (3) Warrant List Dated November 12. 2009 NO QUESTIONS / COMMENTS Recommendation: Authorize payment of Warrant List dated November 12, 2009. (4) Investment Report - October 2009 NO QUESTIONS / COMMENTS Recommendation: Receive and file. CC January 12, 2010 Item No. 2 Page 3 of 58 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority Joint Study Session for Agenda Review Meeting Minutes of November 24, 2009 Page 3 of 15 (5) Winterfest Celebration and Street Closures Recommendation: Approve temporary street closures for the Winterfest Event on December 4t , 2010 from 1:00 p.m. to 11 p.m. for Main Street, Graham Avenue, Suplhur Street and Limited Avenue. Mayor Pro Tern Melendez questioned the dollar amount of the donations. It was noted previously the City received $3,000. yet this year, only $1,000. will be received in total. Mayor Pro Tern Melendez requested to know who had donated this year. Lake and Aquatics / Parks and Recreation Director Kilroy responded, stating Cops for Kids and Costco both donated. City Manager Brady noted Walmart has donated in the past funds to assist with the purchase of the ice. Councilmember Bhutta asked if the banners were in yet, and it was noted one was currently up on the side of the Cultural Center. (6) 2009 / 2010 Supplemental Law Enforcement Services Fund (SLESF) Grant Recommendation: Approve the expenditure plan and the allocation of the $100,000 funds received from the SLESF Grant for salaries and benefits utilized to fund the following special programs as follows: 1) Special Enforcement Team 2) Traffic Enforcement 3) Downtown business district directed patrol (approximately 12 hours a week for 26 weeks) Councilmember Bhutta asked who specifically has requested the Grant and how long the city has participated. Police Chief Cleary stated the original request was made by the County he filed on behalf of the City, since the funds are then divided between the cities. He noted the dollar amount Lake Elsinore would receive is approximately $100,000. He gave a brief overview of how the funds have been spent in the past and noted he was not aware of how long Lake Elsinore had participated although the County has been applying for this Grant for the past 5 years. Mayor Magee requested information from Chief Cleary regarding Page 1 which references 26 or 27 weeks. Chief Cleary responded stating the hours may not be the same amount each week and will be determined by need. He noted this was just the best way to note it. CC January 12, 2010 Item No. 2 Page 4 of 58 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority Joint Study Session for Agenda Review Meeting Minutes of November 24, 2009 Page 4 of 15 (7) Recommendation: 1. Staff recommends the City Council authorize the City Manager to enter into a Contract with ESA for a new total amount estimated at $53,000. PUBLIC HEARING(S) (8) Zoning Ordinance Text Amendment No. 2008-04; a request to repeal Lake Elsinore Municipal Code Chapter 19.08 and add a new Chapter 19.08 regarding Water Efficient Landscaping Recommendation: Staff requests the City Council continue Zoning Ordinance Text Amendment No. 2008-04 to the December 22, 2009 City Council meeting. This will provide staff sufficient time to prepare and provide the November 17, 2009 Planning Commission meeting minutes as well as provide the City Council with an overview of the Planning Commission's extensive comments concerning the proposed draft Ordinance and alternative recommendation. Mayor Magee confirmed staff wanted this item continued. City Manager Brady confirmed this, stating there was considerable discussion at the Planning Commission meeting and staff felt it was important for the Council to have all of the information from their meeting including the Planning Commission minutes. Mayor Magee noted the staff report noted the Planning Commission is requesting the City Council to start preparing a specific water efficient plan for the City and questioned if any funds had been spent regarding this request. City Manager Brady stated funds have not been spent; staff is waiting for direction from the Council. It was confirmed by City Attorney Leibold the item could be continued at the Council meeting. CC January 12, 2010 Item No. 2 Page 5 of 58 NO QUESTIONS / COMMENTS Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority Joint Study Session for Agenda Review Meeting Minutes of November 24, 2009 Page 5 of 15 APPEAL(S) (9) Consideration of an Appeal of the Planning Commission's Decision to approve Amendment No. 1 to Residential Design Review No. 2006-13 for the "Broadleaf & Silverthorne" Project areas within the Canyon Hills Specific Plan. Mayor Pro Tern Melendez asked if the developer would be present tonight, which was confirmed by City Manager. Councilmember Bhutta asked if there would be a presentation tonight, which was confirmed. Mayor Magee had a question regarding Pages 8 & 9 of 75, noting there was a petition showing support of Pardee Homes; however the date was not shown. The Mayor requested if the date could be determined before the 7 p.m. meeting. Mayor Magee also requested the date the item was before the Planning Commission. Acting Community Development Director Weiner responded the petition date would be obtained before the City Council meeting. Mayor Magee also questioned when the Planning Commission heard this item, and was informed the item was before the Planning Commission on October 20, 2009. Pardee Homes was present and noted the petition date just discussed is November 3`d, 2009. Mayor Magee questioned if any of the homeowners who originally signed on Page 11 (9 homeowners listed on the petition on Page October 19) had also signed on Pages 8 & 9. Mr. Ron Nugroho, Architect for Pardee Homes, spoke stating some of the signatures are before the Planning Commission meeting in October, and others signed in November. Mayor Magee requested confirmation if anyone who signed on Page 11 also signed on Page 8 and 9. Pardee confirmed there are two homeowners who were not on the list. Mayor Magee confirmed with Pardee Homes their petition was a living document, not taken at one given time. Mayor Pro Tern Melendez stated 2 individuals of 9 had changed their minds. She questioned Pardee Homes when they told the homeowners at the neighborhood meeting held October 5th that construction would continue of new homes, she asked if Pardee also notified the homeowners the construction would include different models. CC January 12, 2010 Item No. 2 Page 6 of 58 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority Joint Study Session for Agenda Review Meeting Minutes of November 24, 2009 Page 6 of 15 Pardee stated they held several neighborhood meetings regarding the changes in the size of the homes, but noted the issue was customer service. Mike Taylor, President of Pardee Homes spoke to clarify they never had any homeowner issues until October, when there was a noticing error, and not everyone was notified. He stated at the subsequent Planning Commission meeting, homeowners showed up stating they were not notified and had issues that the product was smaller and of a lesser value. He noted the second Community meeting was held in November and notices were hand delivered. At that meeting, no one had any objections. Mr. Taylor noted the appeal itself states the reason for the appeal, is because they were not properly notified, not because of the product. Pardee Homes accepted responsibility for the noticing error noting it was due to the title processing of who the owners were. Mayor Magee requested the Council to look at the map which was provided by staff and noted all of the people who were originally unhappy are on the same south side of the street, where there are 10 empty lots. Mayor Magee notified everyone the appellant would be given the last opportunity to address the City Council at the 7:00 p.m. meeting. BUSINESS ITEM(S) (10) Assessment and Implementation Plan for Establishment of permanent off-leash Dog Area Recommendations: 1. Direct Staff to incorporate Off-Leash Dog Play Areas into future park development based upon the principles contained in the "Guide to Establishing Off-Leash Dog Play Areas". 2. Approve the conceptual design and location of a 1.5 acre dog park located at Rosetta Canyon Park. 3. Approve a Change Order to the Rosetta Canyon Fire Station and Park - Phase I project in an amount not to exceed $55,000. from the reimbursed EVMWD fees. 4. Direct staff to construct the Dog Park in a configuration consistent with conceptual design. CC January 12, 2010 Item No. 2 Page 7 of 58 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority Joint Study Session for Agenda Review Meeting Minutes of November 24, 2009 Page 7 of 15 Councilmember Bhutta wondered where the play area or tot lot was at in relation to the location of the dog play area. Director Seumalo responded referencing an Exhibit, Page 3 of 44 and pointed out where the ball field was the triangle points is where the tot lot area is located. Mayor Magee stated Director Kilroy had done an excellent job researching and putting this report together. The Mayor stated he had questions regarding Page 16, regarding McVicker Park; one of the alternatives was to convert one of the lower baseball fields which is what is currently happening for the trial period, and also noted there is a natural hilly area south of the lower field and asked if another location west was reviewed as a possible area. Director Kilroy noted this area has been reserved as a storm swell, and may have environmental impacts related to this area. He noted further research would be required to answer this question. Mayor Magee referenced Alberhill Community Park which suggests a soccer field be converted, and stated just like the Little League Organization not wanting to lose a ball field at McVicker Park; the Soccer Organizations would feel the same way. Yarborough Park was discussed, due to the close proximity to existing homes, this park was not recommended. Director Kilroy stated the park was only 3 acres and 1 acre is needed for a dog park, therefore staff felt to reduce a Community Park to 2 acres was not acceptable. The Landfill site references a "permitted dog park," the Mayor requested this be defined. Director Kilroy stated the landfill is native, water cannot be added, portable restrooms would be brought in, and there would not be water provided for dogs. It was noted by City Manager Brady, trees would not be allowed to be planted because the top of the fill could not be penetrated and in addition, City would not be able to provide required ADA assistance. (11) An Ordinance of the City Council of the City of Lake Elsinore. California. amending Chapter 15.72 of the Lake Elsinore Municipal Code regarding Grading Standards Recommendation: Waive further reading and introduce by title only an Ordinance amending Chapter 15.72 to the Lake Elsinore Municipal Code regarding grading. CC January 12, 2010 Item No. 2 Page 8 of 58 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority Joint Study Session for Agenda Review Meeting Minutes of November 24, 2009 Page 8 of 15 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 15.72 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING GRADING STANDARDS BY ADDING SECTION 15.72.065 AND AMENDING SECTIONS 15.72.020, 15.72.030, 15.72.050 SUBPART F AND 15.72.070 SUBPARTS A AND B Mayor Pro Tern Melendez questioned Page 6 of 11, the last paragraph, asked what action is taken when someone violates a condition. Public Works Director / City Engineer Seumalo responded stating the permit can be suspended or revoked until corrections are acceptable and this language can be added. Another question was asked regarding Page 7 of 11, the last paragraph regarding the last sentence, if there was a fee for an application extension. Director Seumalo responded, stating adding an additional cost was not anticipated, yet could still be done. Mayor Magee spoke regarding the haul route, suggesting if deviation is to be subject to a penalty, he recommended the penalty be identified in writing to give the City additional enforcement power. (12) First Quarter Budget Update Recommendation(s): 1. Approve the revenue and expenditure budget adjustments recommended for First Quarter 2009 - 2010. 2. Adopt a Resolution increase the Traffic Offender Fund fee to $125.00 effective December 1, 2009. 3. Approve the First Quarter 2009 - 2010 recommended Personnel Changes Schedule. 4. Approve the recommended Authorized Position Listing Schedule. Mayor Magee confirmed Mr. Riley would be giving the presentation at the 7:00 p.m. meeting. Mayor Pro Tern Melendez questioned the National Pollutant Discharge Elimination System (NPDES) funds, noting we were requesting additional funds and what was the likely hood we would receive this. Acting Administrative Services Director Riley noting Riverside County holds the funds, $450,000. is for CC January 12, 2010 Item No. 2 Page 9 of 58 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority Joint Study Session for Agenda Review Meeting Minutes of November 24, 2009 Page 9 of 15 Lake Elsinore and the City receives reimbursement as needed. He noted if we spend a little more, it is likely we would still receive reimbursement. Mayor Pro Tern Melendez discussed the personnel change schedule asking if interviews were held for the two Director positions, and if not, why. City Manager Brady confirmed he has confidence in the Acting Directors, stating they have been acting in this capacity for over a 1 year. He also noted the position of Manager is not filled and confirmed the Manager's workload had been absorbed by the Acting Directors and their departments. He noted if an interview process were to be required, there would be the possibility of adding the two manager positions back, which would not reflect the cost savings the budget is set for. City Manager Brady confirmed he has full faith and has observed both Acting Directors performing their duties, and recommends the title change. Councilmember Bhutta questioned expenditures regarding the "Golden Handshake," offered to the employees, noting if we had $240,000 budgeted for this, why was there now a shortfall of $100,000? Acting Administrative Services Director Riley responded stating it was due to where the funds for these positions were paid from. He noted one position not anticipated; the position Traffic Engineer, which was not fully funded from the General Fund, and that is now why we have the shortfall, and could not rehire an employee for this position. Therefore, a consultant now does these duties. Acting Administrative Services Director Riley noted where the City had received funds that were not anticipated which helped to offset further shortfalls. Mayor Magee requested if the salaries of promoting the Directors would mean an increase in funds. The vehicle allowance, Administrative Days, and insurance premiums would be impacted although it was already budgeted. Mayor Magee questioned the 5 positions identified as GIS on Page 31 under the City Manager's department and requested a breakdown of duties, which was provided by City Manager Brady. Mayor Magee noted he has confidence with the two individuals up for promotion to Directors, noting other cities have told Mayor Magee if Mr. Weiner is not promoted, they will approach him. He noted now that he has been through a complete budget cycle with Acting Administrative Services Director Riley, he has confidence in him also and feel both individuals deserve the promotion. CC January 12, 2010 Item No. 2 Page 10 of 58 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority Joint Study Session for Agenda Review Meeting Minutes of November 24, 2009 Page 10 of 15 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES None. REDEVELOPMENT AGENCY CALL TO ORDER - 4:00 PM Vice Chair Bhutta opened the Redevelopment Agency portion of the Joint Study Session at 4:45 p.m. in the absence of Chairman Buckley. ROLL CALL Roll call stood as previously stated for the City Council meeting. CLOSED SESSION There was no one who wished to address a RDA Closed Session item. RDA CLOSED SESSION Agency Counsel Leibold gave an overview of the Redevelopment Agency Closed Session items. (1a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case CC January 12, 2010 Item No. 2 Page 11 of 58 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority Joint Study Session for Agenda Review Meeting Minutes of November 24, 2009 Page 11 of 15 (1b) CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 case (1 c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956.8) Property: APNs 363-791-001; 389-691-021; 379-460-031; 389-642-014; 363-862-002 Agency Negotiator: Executive Director Brady Negotiating parties: Redevelopment Agency of the City of Lake Elsinore and Riverside Housing Development Corporation Under negotiation: Price / terms / Conditions of Payment CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Board member or any member of the public requests separate action on a specific item) (2) Approval of Redevelopment Agency Minutes NO QUESTIONS / COMMENTS Recommendation: Approve the following minute(s): (a) Redevelopment Agency Regular Meeting October 27, 2009 (b) Redevelopment Agency Regular Meeting November 10, 2009 (3) Warrant List Dated November 12, 2009 NO QUESTIONS / COMMENTS Recommendation: Authorize payment of Warrant List dated November 12, 2009. Mayor Pro Tern Melendez had a question regarding the following Warrant: CC January 12, 2010 Item No. 2 Page 12 of 58 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority Joint Study Session for Agenda Review Meeting Minutes of November 24, 2009 Page 12 of 15 Warrant No. 6743 Ren Civil Inc Amount $25,000 Director Seumalo noted this was the Surveyor who created the plot maps for the Pottery Court project. (4) Investment Report - October 2009 NO QUESTIONS / COMMENTS Recommendation: Receive and file. PUBLIC HEARING(S) None. BUSINESS ITEM(S) None. PUBLIC COMMENTS - NOWAGENDIZED ITEMS - 3 MINUTES None. PUBLIC FINANCE AUTHORITY CALL TO ORDER Vice Chair Bhutta opened the Public Finance Authority portion of the Joint Study Session at 4:46 p.m. in the absence of Chairman Hickman. CC January 12, 2010 Item No. 2 Page 13 of 58 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority Joint Study Session for Agenda Review Meeting Minutes of November 24, 2009 Page 13 of 15 ROLL CALL Roll call stood as previously stated for the City Council and the Redevelopment Agency portion of the meeting. CLOSED SESSION None. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting. The Chairman will call on you to speak, when your item is called.) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless an Authority Member or any member of the public requests separate action on a specific item.) (1) Approval of Public Finance Authority Minutes NO QUESTIONS / COMMENTS Recommendation: Approve the following minute(s): (a) Public Finance Authority Meeting Minutes November 10, 2009 BUSINESS ITEMS None. CC January 12, 2010 Item No. 2 Page 14 of 58 Lake Elsinore City Council / Redevelopment Agency/ Public Finance Authority Joint Study Session for Agenda Review Meeting Minutes of November 24, 2009 Page 14 of 15 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) ADJOURNMENT The Public Finance Authority completed the business before them at 4:46 p.m. and adjourned the meeting back to the City Council to complete their portion meeting and adjourn to the Closed Session meeting scheduled to be held at 5:00 p.m. CLOSED SESSION There was no one who wished to address a RDA Closed Session item. CITY COUNCIL CLOSED SESSION City Attorney Leibold gave an overview of the City Council Closed Session item. (1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case COUNCIL COMMENTS: Mayor Magee acknowledged the City Clerk was now in attendance and asked if the Clerk had received confirmation regarding those who were attending the City Council Presentation portion of the meeting. CC January 12, 2010 Item No. 2 Page 15 of 58 Lake Elsinore City Council / Redevelopment Agency / Public Finance Authority Joint Study Session for Agenda Review Meeting Minutes of November 24, 2009 Page 15 of 15 City Clerk Thomsen noted Mr. Dave Oster would be present; however she did not have confirmation if anyone else would be in attendance representing Storm Entertainment. Clerk Thomsen noted Mr. Kim Cousins would be present for the Chamber of Commerce update, and Mr. Viet Tran would be present for the Southern California Edison (SCE) update. ADJOURNMENT The Public Finance Authority completed the business before them at 4:48 p.m. and adjourned to the Joint Meeting to be held in several hours beginning at 7:00 p.m. The City Council and the Redevelopment Agency completed the business before them at 4:48 p.m. and both adjourned to the Closed Session meeting scheduled to be held at 5:00 p.m. The Lake Elsinore Redevelopment Agency and the City Council will adjourn to a regular meeting to be held on Tuesday, December 8, 2009, at 5:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Debora Thomsen Debora Thomsen, CMC City Clerk / Redevelopment Agency Secretary Public Finance Authority Secretary City of Lake Elsinore, California CC January 12, 2010 Item No. 2 Page 16 of 58 Page 1 of 20 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES November 24th, 2009 (not official until approved) CALL TO ORDER Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, November 24t , 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. ABSENT: Councilmember Buckley, Councilmember Hickman. 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, Lake and Aquatics / Parks and Recreation Director Kilroy, Information / Communications Manager Dennis, and Building / Code Enforcement Manager Chipman, Police Chief Cleary 5:00 P.M. CONVENE THE MEETING CALL TO ORDER - 5:00 P.M. RECESS TO CLOSED SESSION There was no one who wished to speak regarding a Closed Session item. CC January 12, 2010 Item No. 2 Page 17 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 2 of 20 CITY COUNCIL CLOSED SESSION (1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case CALL BACK TO ORDER (7:00 P.M.) Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, November 24, 2009 to order at 7:06 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: Councilmember Bhutta, Councilmember Buckley (7:10), Mayor Magee, Mayor Pro Tern Melendez. ABSENT: Councilmember Hickman. 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, Police Chief Cleary CC January 12, 2010 Item No. 2 Page 18 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 3 of 20 CLOSED SESSION REPORT City Attorney Leibold gave an overview of the Closed Session items stating there was no reportable action. PRESENTATIONS/CEREMONIALS Certificate of Appreciation for Dave Oster and Storm Entertainment This presentation will be rescheduled; the recipients were unable to attend. Chamber of Commerce Quarterly Update Mr. Michael Norkin, Chamber of Commerce Chairman of the Board, gave an overview of some of the activities they participated in the 3`d Quarter. He noted the Chamber is now producing a new magazine in full color and interactive on their website. In addition, approximately 1200 copies of the magazine is being distributed at all local hotels and motels to help promote the community. The front cover of the November - December magazine shows downtown Lake Elsinore to encourage residents to shop locally. In addition, City, County, and local legislative representative's information are listed in the magazine for convenience. Mr. Norkin stated the Chamber participated in "Celebrate our Schools Week" in which "35 Heroes of Education" were honored. In addition, an Educational Summit was held for approximately 1000 students with participation and sponsorship from the Lake Elsinore Unified School District, the City, and approximately 65 other business. One of the topics discussed was how to dress and respond in an interview setting. Another event the Chamber was involved with was the Lake Elsinore Grand Prix, held at the Storm Stadium. They assisted with advertising the event through their magazine, website, and email blasts. It was noted this event was successful, and is something the Community as a whole has expressed an interest in holding annually. The Chamber also participated and helped sponsor thee Unity in the Community Parade, which was just held. Mr. Norkin informed the City Council over 1,500 visitors contacted the Chamber for information or assistance, most of them visiting their office. In addition, they had over 3 thousand hits on their websites and had 12 new members join the Chamber in the 3`d Quarter (over 30 new members for the year). He also noted one of the future goals under consideration is to have a presence in a future event to be held in Las Vegas, however, this has not yet been determined. CC January 12, 2010 Item No. 2 Page 19 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 4 of 20 Mr. Norkin informed the public, on January 30, a formal event would be held, a "Black Tie" event with a theme, "Night at the Oscars." The Business of the Year would be honored along with other significant recognitions. Mr. Norkin finished his presentation and requested anyone with questions to contact him directly or the Chamber. Southern California Edison Update (SCE) Mayor Magee introduced the Director of Community Affairs, Mr. Viet Tran who gave an update regarding the 3 projects SCE currently filed with the Public Utilities Commission (PUC) to construct in the City of Lake Elsinore. In addition, he introduced other SCE employees (the Project Manager and the Corporate Representative) to assist with questions as needed. He noted SCE had originally filed a request for 3 separate projects in 2007; however, the PUC had combined 2 of the projects (Fogarty Substation and Ivyglen Subtransmission). Alberhill will be a new Substation transmitting 500 / 115 KV of power. There will be 3 miles of lines providing service to Temescal Valley which consists of Canyon Lake, Lake Elsinore, Menifee, and Wildomar. Several line routes were proposed by SCE; however, the PUC will determine which route will be built. All documents associated with this project can be obtained on-line at www.sce.com/alberhill Mr. Tran noted SCE wanted to ensure their customers were properly notified and exceeded notification requirements. Open houses were held to update the community of the proposed project, including over 3,400 mailed notifications beyond the requirement of 300 feet. Current estimation of project completion is 2014. The combined project is the "Fogarty Substation and Ivyglen Subtransmission." This will be a 25 mile 115 KV line transmission to provide telecommunications lines. These lines are not for other companies, but only to be used to allow SCE to communicate with other SCE offices. The poles will hold two lines. Several line routes were proposed by SCE; however, the PUC will determine which route will be built. An unmanned sub transmission line and the substation will be built on 3 acres at Kings Highway and Terra Cotta Road. These lines will provide electrical reliability and assist to meet demand. The draft Environmental Impact Report was filed with the PUC and followed by a 45 day public comment period. Public meetings were held in July 2009, in Lake Elsinore and Perris. All documents associated with this project can be obtained on-line www.sce.com/IwG[en Mayor Pro Tem Melendez questioned clarification why these substations are necessary and what benefit the customer should see in addition to providing electricity. Also, she questioned if the rate of electricity would decrease since there would be additional electricity to provide. SCE responded stating with CC January 12, 2010 Item No. 2 Page 20 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 5 of 20 these additional substations and lines, electricity would be better secured, there would flexibility and reliability which may not be available now if needed, should a line go down. Regarding a rate change, Mr. Tran noted every 3 years a review goes before the PUC. He noted the review was just completed; therefore the next scheduled review will take place in 2012. Mr. Tran stated occasionally SCE has been able to decrease rates, but this was in conjunction with the cost of natural gas. He noted, analysts watch this, and when possible, rates are decreased. Councilmember Bhutta questioned what response the community has had regarding SCE's outreach, and what future meetings were planned. Mr. Tran stated response has been varied, some customers have requested clarification and some have offered praise. It was also noted, now that SCE has completed all of their public outreach and document transmittals and requests to the PUC, SCE is no longer in charge and will not be holding any future meetings. Their information can be obtained from the two websites previously referenced. However, SCE anticipated the PUC will hold future meetings to solicit the community's concerns. It was noted the PUC will follow the same guidelines as SCE, they will prepare the Final EIR, hold a 45 day public comment period, and hold public meetings. This may not be forthcoming until a year or so, and they may only notify per the requirement of 300 feet (unlike SCE). Councilmember Buckley stated he has received calls from residents asking about the Power Plant SCE was planning to build at Alberhill. He requested SCE to clarify for the residents they were only going to build a substation similar to the one located on Spring Street near Main Street. Mr. Tran confirmed, SCE was not going to be generating power, but transmitting electricity through transmission lines, the substation would be unmanned and an above ground facility such as Spring Street. Mayor Magee requested confirmation the PUC would be the one permitting what is actually approved, and these projects are above ground facilities to which SCE confirmed. The Mayor also requested regarding the Fogarty Substation to work with the City's Planning Department regarding proper setback buffers and landscaping to avoid possible relocation and allow for future growth. Regarding both of the substation projects, he requested all route locations for all of the proposed pole locations be placed far enough back from the paved road to allow for growth so they would not be required to be moved in the future. Mayor Magee noted the General Plan has required all poles never having to be removed. Mr. Tran confirmed he would work with staff regarding this concern. Mayor Magee noted he has heard rumor regarding the different rate structures in the Coachella Valley versus the Coastal Zone. Mr. Tran noted he has been working with the Western Regional Council of Governments (WRCOG) regarding CC January 12, 2010 Item No. 2 Page 21 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 6 of 20 rate structures. He stated both Canyon Lake and Temecula has lobbied for baseline allocation. Mr. Tran stated the Inland Empire now has their own zones, Zone 17A and 17B. He clarified Coachella Valley has a baseline allocation which is a tiered rating, AB-1X, and noted SCE is locked where rates changes can be made. The purpose of the tiered structure was to award low-rate users and charge more to high-rate users. Currently legislation is being reviewed in Sacramento to repair this situation, which SCE is watching, and will update everyone if a change is made. He noted the Coachella Valley Association of Governments (CVAG) was involved with the tier structuring over a decade ago, clarifying it is reversing winter and summer rates, not a granting of lower rates. Mayor Magee requested Mr. Tran to extend communication with Councilmember Hickman who was not available. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Mr. Glenn Copple spoke representing the Original Christmas Tree Lane Organization, stating 2009 is the 11th Annual Community event. This year they will be located at the Lake Elsinore Outlets for 2 weekends, Friday, Saturday, and Sunday, December 4th 5th 6tH 11tH 12th, and 13th. Hours are 8 am to 8 pm. Opportunity coupons will be sold for $1.00 for the "Opportunity Trees" which will be awarded on Sunday, December 13th starting at 4 pm will be the start of the drawings for the "Opportunity Trees," which have over $1000 of merchandize under the tree. The theme of the tree is dependent upon the merchandize under the tree. Benefits will for the children of the following organizations: The Boys and Girls Cubs of Southwest County, Student of the Month Scholarships, Boy Scouts, Cops for Kids, and many other charities for children. Mr. Copple noted over past 10 years, $142,000. have been raised to assist children. Mr. Copple stated there are 2 Chrisman Tree Lanes, someone else is operating with this name and requested everyone to come to the Lake Elsinore Outlets to help raise Pam Stephens resident of Tuscany Hills stated she had an excellent view of the La Strada project and thanked the Council and City Staff for their efforts and taking action to mitigate appropriate action stating she appreciated the results. She also requested the Council to ensure this consideration is applied to other projects that are near their area also, not just this one. CC January 12, 2010 Item No. 2 Page 22 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 7 of 20 Peter Dawson, community resident spoke regarding a different class being offered by the United States Coast Guard. He noted this class is for 1 day (8 hours) specifically for persons who have previously been convicted of a violation upon the water. The class is scheduled for Sunday, December 6th, 2009 from 8 am to 5 pm. Reservations can be made by calling (951) 202-1584 for reservations. CONSENT CALENDAR APPROVED There was no public request to speak on any of the items. CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item) (2) Approval of City Council Minutes Recommendation: Approved the following minute(s): (a) Regular City Council Meeting Minutes from October 13, 2009. (b) Regular City Council Meeting Minutes from October 27, 2009. (3) _Warrant List Dated November 12, 2009 Recommendation: Authorized payment of Warrant List dated November 12, 2009. (4) Investment Report - October 2009 Recommendation: Received and filed. (5) Winterfest Celebration and Street Closures Recommendation: Aproved temporary street closures for the Winterfest Event on December 4t , 2010 from 1:00 p.m. to 11 p.m. for Main Street, Graham Avenue, Suplhur Street and Limited Avenue. CC January 12, 2010 Item No. 2 Page 23 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 8 of 20 (6) 2009 / 2010 Supplemental Law Enforcement Services Fund (SLESF) Grant Recommendation: Approved the expenditure plan and the allocation of the $100,000 funds received from the SLESF Grant for salaries and benefits utilized to fund the following special programs as follows: 1) Special Enforcement Team 2) Traffic Enforcement 3) Downtown business district directed patrol (approximately 12 hours a week for 26 weeks (7) Canyon Hills Specific Plan Amendment No. 3 Recommendation: 1. The City Council authorized the City Manager to enter into Contract with ESA for a new total amount estimated at $53,000. MOTION was made by Councilmember Bhutta, second by Councilmember Buckley and unanimously carried to adopt the Consent Calendar as recommended. AYES: Bhutta, Buckley, Magee, Melendez. NOES: None. ABSENT: Hickman. PUBLIC HEARING(S) (8) Zoning Ordinance Text Amendment No. 2008-04; a request to repeal Lake Elsinore Municipal Code Chapter 19.08 and add a new Chapter 19.08 regarding Water Efficient Landscaping APPROVED TO CONTINUE ITEM TO DECEMBER 22, 2009 Recommendation: Staff requests the City Council continue Zoning Ordinance Text Amendment No. 2008-04 to the December 22, 2009 City Council meeting. This will provide staff sufficient time to prepare and provide the November 17, 2009 Planning Commission meeting minutes as well as provide the City Council with an overview of the Planning Commission's extensive comments concerning the proposed draft Ordinance and alternative recommendation. CC January 12, 2010 Item No. 2 Page 24 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 9 of 20 MOTION was made by Councilmember Bhutta, second by Councilmember Buckley and unanimously carried to continue this item until December 22, 2009 as recommended. AYES: Bhutta, Buckley, Magee, Melendez. NOES: None. ABSENT: Hickman. APPEAL(S) (9) Consideration of an Appeal of the Planning Commission's Decision to approve Amendment No. 1 to Residential Design Review No. 2006-13 for the "Broadleaf & Silverthorne" Project areas within the Canyon Hills Specific Plan. APPROVED TO UPHOLD PLANNING COMMISSION'S DECISION AND TO DENY THE APPEAL Acting Community Development Director Weiner spoke stating this item was before the Planning Commission October 14th, 2009, and approved authorizing a smaller home product. He noted the appellant filed his appeal in a timely manner within the 15 day requirement and was present tonight. He also noted Pardee Homes were present and available as well. Mayor Magee opened the Appeal Hearing at 7:51 p.m. and called the Appellant, Mr. Mike Wagoner (Appellant) spoke regarding the last 10 Broadleaf homes sold in March 2009. He noted buyers were told this was to be a Master Plan Community, they were shown Plot Maps of what was going to be sold for the last 106 lots. After the last 10 Broadleaf homes were sold, Pardee Homes decided to build and sell different homes, changing from Broadleaf to Silverthorne and use lesser products and are much smaller homes. He gave details regarding the discrepancy of the last 10 homes purchased, the homeowners not being properly notified, yet everyone else was notified. Mr. Wagoner stated he found out by accident there was going to be a meeting, the day before, and did not have time to change his work schedule to attend the meeting. He stated the Broadleaf home and interior products are far superior to the CC January 12, 2010 Item No. 2 Page 25 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 10 of 20 Silverthorne home, stating the differences will affect property values, the sales and homes are not comparable. He noted there was going to be 40 inferior homes built near his home. Mr. William T. Smith, one of the ten homeowners spoke in support of the appellant, stating he was the one who purchased the last standing Broadleaf inventory, sold as a Master Planned Community, and Pardee Homes never mentioned their plan to change the homes. He feels he was mislead, their maps and plans showed Broadleaf homes would surround their neighborhood. No one else in the audience chose to speak regarding the item, for or against. Mayor Magee closed the appeal hearing at 7:65 p.m. The matter was brought to the Dias for discussion. A handout was provided to the City Clerk and the City Council for reference. Mayor Pro Tern Melendez requested Mr. Mike Taylor, Vice President of Pardee Homes come to the podium to speak. Mayor Pro Tern Melendez confirmed not all of the homes would be the smaller homes, to which Mr. Taylor confirmed. He did acknowledge the Silverthorne product was the smallest of the 3 possible homes. The buyers of the smaller homes are willing to pay an additional $10,000. to be located where they are planned. Mr. Taylor stated the reason for the change is market value. Home "Comps" were discussed, Mayor Pro Tern Melendez stated comps are not based upon price of square footage, and requested confirmation from Mr. Taylor, who agreed, stating, bedrooms, baths, garage space, etc is what counts. Mayor Pro Tern Melendez asked if the appeal was approved, what would happen with the remaining 40 lots. Mr. Taylor stated if Pardee loses the appeal, then they will not build on the lots, they will remain bare. He noted they have already sold the smaller homes for these lots, and are ready to pull building permits tomorrow. Discussion was held if the largest homes could be placed next to larger etc, however, this would not be the case in all situations. Two story homes and single story homes will be intermixed; same size would be near not necessarily next. It was noted there was same similar architectural styles, Councilmember Bhutta requested what would be the differences between the two brands of homes, such as high end versus low end. Mr. Taylor stated, it would be in appliances and flooring, such as tile versus fiberglass in bathrooms, etc. High end versus low end. It was confirmed only 40 homes would be Silverthorne. The remaining 66 homes would be a different series, starting with a 1,300 square foot homes. Again, Pardee CC January 12, 2010 Item No. 2 Page 26 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 11 of 20 Homes stating they are prepared to start pulling building permits tomorrow. Mayor Magee addressed the notification issue, and asked how Pardee responded. Mr. Taylor stated Pardee was embarrassed at the communication noticing error and attempted to contact them, hand carry, and send certified copies. He stated Mr. Wagoner and Mr. Smith were able to attend that meeting. Mayor Magee invited Mr. Wagoner to the podium, stating the meeting they were invited to was not to discuss Mr. Wagoner's concern, but was regarding the new 1,300 square foot homes Mr. Taylor just mentioned. Mr. Wagoner stated the reason the rest of the neighbors did not show up was because the paperwork informed them there would be a buffer zone between these new smaller houses, when in fact now, they have learned there is not. Mr. Wagoner requested all the 10 homes want, is for like homes to be built on their street. Mayor Magee requested confirmation he did not have contact with Pardee Homes regarding is concern. Mr. Wagoner confirmed he was not able to address his concern until after the Planning Commission approved the changes. Mayor Magee spoke to Mr. Wagoner regarding all of the special amenities his neighborhood has and the uniqueness of the area including the high dollar amount the name of "Canyon Hills" brings. Mr. Wagoner disagreed with Mayor Magee due to the promises he was given in writing when he was sold his home. Mayor Pro Tern Melendez noted there was a disclosure statement buyers must sign stating the home builder has the right to change the product and requested confirmation. Mr. Smith came forward stating he felt Pardee Homes is being allowed to do whatever they want to do, if they knew they were going to change the Master Planned Community or build a lesser product. Mayor Pro Tern Melendez stated 40 homes should not impact their homes, and deferred back to the disclosure statement, noting it would be worse to have empty lots for the community. Mr. Wagoner came forward stating all Pardee had to do was to build 10 homes of high end value out of the 40, and it would be a win-win situation. He noted they already had no opposition to the new 1,300 square foot CC January 12, 2010 Item No. 2 Page 27 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 12 of 20 homes; they were going to capture the current market value. Same appeal as promised. Mayor Pro Tern Melendez asked Mr. Taylor if it was his intent to stagger the home size and not match like with like. Mr. Taylor stated how important it was to offer homes first time buyers could afford. Appellant Mr. Wagoner stated those who could afford the smaller houses would still qualify for the new product just approved. MOTION was made by Mayor Pro Tern Melendez, second by Councilmember Bhutta and unanimously carried to uphold the Planning Commission's decision and to deny the appeal as recommended. AYES: Bhutta, Buckley, Magee, Melendez. NOES: None. ABSENT: Hickman. BUSINESS ITEM(S) (10) Assessment and Implementation Plan for Establishment of permanent off-leash Dog Area APPROVED Recommendations: 1. Directed Staff to incorporate Off-Leash Dog Play Areas into future park development based upon the principles contained in the "Guide to Establishing Off-Leash Dog Play Areas"; and 2. Approved the conceptual design and location of a 1.5 acre dog park located at Rosetta Canyon Park; and 3. Approved a Change Order to the Rosetta Canyon Fire Station and Park - Phase I project in an amount not to exceed $55,000. from the reimbursed EVMWD fees; and 4. Directed staff to construct the Dog Park in a configuration consistent with conceptual design. Director of Lake and Aquatics / Parks and Recreation Director Kilroy gave an overview of the research and plans of all of the parks considered and the final reasoning to choose Rosetta Canyon Park to incorporate a Dog Park area in the size of 1.5 acres. CC January 12, 2010 Item No. 2 Page 28 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 13 of 20 Adam Armit spoke in response to the recommendation stating he is thrilled the dog park will be located at Rosetta Park. He thanked the City Council for moving this item so quickly and applauded the results. LeeAnn Cameron also thanked the City Council for moving so quickly in addressing her quest for a dog park. She thanked City Staff for their time and effort, yet felt she needed to comment regarding some issues. One of the items was the proposed wood chips stating grass was a better alternative. She noted there should also be some type of shade structure until the trees mature. He again thanked Council for the promptness of the response and requested the City continue to look at other areas. Discussion was then taken to the Diaz for comments by Council. Councilmember Bhutta addressed Ms. Cameron's concerns, stating the trees will grow quickly, and the cost of grass was just too much at this time. She noted this was to be a permanent dog park and McVicker Park would be opened back up as originally planned. Councilmember Buckley noted other dog parks could be planned in the future, and questioned Mayor Magee regarding wood chips. Mayor Magee noted he was planning on abstaining from this vote, due to his current profession. Mayor Pro Tern questioned the $55,000. estimated charge reflected in the staff report was what we had to pay for water usage. Director Seumalo clarified the situation, stating because we changed the construction of the park, we still had to pay for the Water District's Plan Check, which is based is upon the estimated fees of water usage. If we chose not to build the dog park here, then the funds would be returned to the fund it was originally paid from, since we had to pay the water district in advance for estimated water usage. Mr. Riley noted the funds were either paid from Measure A or Park and lieu fees, which are normally used for construction of parks. Mayor Pro Tem Melendez stated if we decided to not build a dog park, we could use the funds for needed road repairs and anticipated costs and considered this alternative. Acting Administrative Services Director Riley noted it was developer fees and park fees to where the funds would be returned; he was incorrect when he referenced Measure A funds. Councilmember Buckley noted if a different park was considered, such as Summerhill Park, we had already spent funds to put in the grass and were CC January 12, 2010 Item No. 2 Page 29 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 14 of 20 currently spending funds to water the grass. It was determined watering cost is approximately $10,000. an acre monthly which is already in the budget. It was also noted to place turf and maintain it at Rosetta Park; the cost would be approximately an additional $20,000. and there is a cost already in the budget of $7,500. to maintain the proposed grass areas of the park, which does not include the proposed dog area with wood chips. MOTION was made by Councilmember Buckley, second by Councilmember Bhutta and unanimously carried to adopt Item No. 10 as recommended. AYES: Bhutta, Buckley, Melendez. NOES: None. ABSENT: Hickman. ABSTAIN: Magee. (11) An Ordinance of the City Council of the City of Lake Elsinore, California. Grading Standards AS MODIFIED Recommendation: Waive further reading and introduce by title only an Ordinance amending Chapter 15.72 to the Lake Elsinore Municipal Code regarding grading. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 15.72 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING GRADING STANDARDS BY ADDING SECTION 15.72.065 AND AMENDING SECTIONS 15.72.020, 15.72.030, 15.72.050 SUBPART F AND 15.72.070 SUBPARTS A AND B Director Seumalo gave an overview of the item noting Grading operations within the City are regulated under the Uniform Building Code and Chapter 15.72 of the Lake Elsinore Municipal Code (LEMC). He noted current regulations were adopted in 1987 and were now being revised due to the growth of the community and the need for specific requirements to CC January 12, 2010 Item No. 2 Page 30 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 15 of 20 insure grading operations do not adversely impact residents and commuters. It was noted the proposed Ordinance contained 3 major components. The 15t addressed mining operations determining whether grading is part of an allowable construction project or a mining operation subject to additional regulation. The 2nd component addressed hauling in excess of 2,500 cubic yards. The 3rd component addressed major hauling operations in excess of 20,000 cubic yards. Questions and a lengthy discussion was held between staff and the Council. Topics such as time limits and hours of 8:00 a.m. to 4:00 p.m. versus standard construction hours of 7:00 a.m. to 5:00 p.m. were addressed. In addition, notification of residents, truck staging of the haulers, size, tonnage of the trucks and the cubic yards the trucks held were discussed. Possible requirements such as securities such as Bonds or cash being implemented to cover repairs when needed were also addressed. Council determined to revise the proposed Ordinance before them tonight to include the following modifications: Section 2 / 15.72.065 / A / 1 A revised sentence will read: • Deviation from the designated staging area and haul route shall constitute a violation of the condition of the permit issued under this chapter and would result in penalties up to and including revocation of the permit. Section 2 / 15.72.065 / A / 11 Revised sentences will read: • Security in the form of cash, letter of credit or Bonds for Grading to include Street Repairs. • Any security required pursuant to this chapter shall be in an amount sufficient to cover the cost of repair of any damage to the City roadways and any public facilities therein and the cost of removal of any earth materials or other debris deposited therein, reasonably executed to result from permittee's operations. • The conditions of the security shall guarantee payment to the City for all costs and expense in repairing the damaged streets or other public facilities and the removal of any deposits of earth materials or other debris resulting from the permitted operations. CC January 12, 2010 Item No. 2 Page 31 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 16 of 20 Section 2 / 15.72.065 / B Revised sentences will read: • Hauling in excess of 5,000 Cubic Yard. • In addition to the requirements set forth in subsection A above, a permittee moving or causing to be moved more than five thousand (5,000) cubic yards of earth material per project on public roadway shall be subject to the following requirements: Section 2 / 15.72.065 / B / 1 Revised sentence will read: • Hauling in excess of five thousand (5,000) cubic yards requiring the use of City roadways shall be approved by the City Council at a public meeting of the City Council. MOTION was made by Mayor Pro Tom to waive further reading and introduce by title only an Ordinance amending Chapter 15.72 to the Lake Elsinore Municipal Code regarding grading with the following modifications; regarding Provision 2 to change the cubic yards from 2,500 to 1,000 and to allow for a Public Hearing in the event of requested deviation; regarding Provision 3 be changed from 20,000 cubic yards to 5,000. THIS MOTION DIED FOR LACK OF A SECOND. An alternative MOTION was brought forward: MOTION was made by Councilmember Buckley to waive further reading and introduce by title only an Ordinance amending Chapter 15.72 to the Lake Elsinore Municipal Code regarding grading with the following modifications; revise Section 2 1 15.72.065 / A with respect to add language to implement penalties as needed and revise Section 2 115.72.065 / B to revised the allowed cubic yards hauled from 20,000 cubic yards to 5,000; second by Mayor Magee and unanimously carried to approve the recommended modifications just proposed for the first reading of this Ordinance. AYES: Bhutta, Buckley, Magee, Melendez. NOES: None. ABSENT: Hickman. CC January 12, 2010 Item No. 2 Page 32 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 17 of 20 (12) First Quarter Budget Update APPROVED Recommendation(s): 1. Approved the revenue and expenditure budget adjustments recommended for First Quarter 2009 - 2010; and 2. Adopted Resolution No. 2009-059 to increase the Traffic Offender Fund fee to $125.00 effective December 1, 2009; and 3. Approved the First Quarter 2009 - 2010 and recommended the Personnel Changes Schedule; and 4. Approved the recommended Authorized Position Listing Schedule. MOTION was made by Councilmember Buckley, second by Mayor Pro Tern Melendez and unanimously carried to approve Item No. 12 and adopt Resolution No. as recommended in its entirety. AYES: Bhutta, Buckley, Magee, Melendez. NOES: None. ABSENT: Hickman. Passed and adopted the following Resolution: "Resolution No. 2009-059 - A Resolution the City Council of the City of Lake Elsinore, California, increasing the Traffic Offender Fund Fee." Mayor Magee adjourned the City Council meeting at 9:15 p.m. for the Redevelopment Agency to conduct their meeting. Mayor Magee reconvened the City Council meeting at 9:18 p.m. and proceeded with the rest of the City Council Meeting. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Mr. Rich Morsch, a resident from the Tuscany Hills neighborhood spoke regarding the concerns regarding the ongoing activity known as the La Strada project. He noted as he has stated at previous City Council meetings, the project is removing a hill, and has been since May 2009. He stated this project is a CC January 12, 2010 Item No. 2 Page 33 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 18 of 20 Quarry project and includes mining activities. Mr. Morsch noted the material is being hauled off-site for processing, they have been grading for 2 years, and the Project Manager has stated they still have roughly 80,000 cubic yards still to export. He requested the Council handle this matter expeditiously and modify the City's requirements before they impact another project and / or neighborhood. CITY MANAGER COMMENTS Friday Winterfest Dec. 4 Historic Downtown Lake Elsinore 5:00 pm - 9:00 pm 130 S Main Street Lake Elsinore, CA 92530 For information: Parks & Recreation - Catherine (951) 674-3124 Ext. 265 Help kick off the winter holiday season at the Annual Tree Lighting Ceremony in Downtown Lake Elsinore. Come join in the festivities at the 2009 Winterfest Event. There will be visit with Santa in Santa's Village; fun for all at this year's event, with 30 tons of snow for the family to enjoy. Friday Original Christmas Tree Lane Dec. 4 -13 Lake Elsinore Outlets 9:00 am - 9:00 pm 17600 Collier Avenue Lake Elsinore, CA 92530 Matt (951) 245-8848 Presented Bv: The Oriainal Christmas Tree Lane Committee & Friends Each tree will have over $1,000 in gifts with it. Raffle drawings start at 4:00 pm on December 13. Proceeds from this event will benefit the Boys & Girls Clubs of Southwest County, Student of the Month Scholarships, Boy Scouts, Cops for Kids and other local youth charities. This event runs on Friday, Saturday and Sunday. City Manager Brady congratulated those who participated and watched the Unity Parade which was a lot of fun and wished everyone a Happy Thanksgiving and safe Holiday. CC January 12, 2010 Item No. 2 Page 34 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 19 of 20 CITY ATTORNEY COMMENTS City Attorney Leibold wished everyone a Happy Thanksgiving. COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Mayor Pro Tern Melendez stated she had received communication from a resident who was homebound and watched the meetings on TV. She noted they had also conveyed a fear of public speaking. She asked those who feel the same way can still communicate with the Council via a phone call, email, or a letter. Mayor Pro Tern Melendez wished everyone a Happy Thanksgiving Councilmember Buckley thanked the Council and staff for working together to get the Grading / Hauling Ordinance passed. He also noted regarding the Dog Park at Rosetta Canyon Park, perhaps TAMS, Purina, or other animal entities would consider helping to sponsor part of the costs, or perhaps contribute to the Animal Shelter which is currently being built. Councilmember Buckley wished everyone a Happy Thanksgiving. Councilmember Bhutta thanked all those who attended the Unity Parade and thanked Jeannie CQrrll aYid Kathy : 'a for their involvement and hard work. She also congratulated the Lake Elsinore High School Girls Volley Ball team for wining their first Girls Championship Title. Councilmember Bhutta wished everyone a Happy Thanksgiving. Mayor McGee wished everyone a safe and Happy Thanksgiving and requested everyone to be kind to a Veteran. ADJOURNMENT There being no further business to come before the City Council Mayor Magee adjourned the meeting at 9:27 p.m. CC January 12, 2010 Item No. 2 Page 35 of 58 Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 20 of 20 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. Debora Thomsen Debora Thomsen, CIVIC City Clerk, City of Lake Elsinore, California CC January 12, 2010 Item No. 2 Page 36 of 58 Page 1 of 22 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES December 221h, 2009 (not official until approved) CALL TO ORDER Mayor Melendez called the regular meeting of the Lake Elsinore City Council held on Tuesday, December 22nd, 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 Bhutta, Councilmember Buckley, Councilmember Hickman, Councilmember Magee. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Administrative Services Director Riley, Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics / Parks and Recreation Director Kilroy, Information / Communications Manager Dennis, and Building / Code Enforcement Manager Chipman, and Police Chief Cleary. 5:00 P.M. CONVENE THE MEETING CALL TO ORDER - 5:00 P.M. RECESS TO CLOSED SESSION There was no one who wished to speak regarding a Closed Session item. CC January 12, 2010 Item No. 2 Page 37 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 2 of 22 CITY COUNCIL CLOSED SESSION (1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case CALL BACK TO ORDER (7:00 P.M.) Mayor Melendez called the regular meeting of the Lake Elsinore City Council held on Tuesday, December 22, 2009 to order at 6:65 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PLEDGE OF ALLEGIANCE Mayor Melendez invited Gunnery Sergeant Robert Keister to the podium to lead 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 Tem Bhutta, Councilmember Buckley, Councilmember Hickman, Councilmember Magee. ABSENT: None. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Administrative Services Director Riley, 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. CC January 12, 2010 Item No. 2 Page 38 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 3 of 22 CLOSED SESSION REPORT City Attorney Leibold gave an overview of the Closed Session items stating there was no reportable action. PRESENTATIONS / CEREMONIALS Recognition of Former Mayor Mayor Melendez invited Former Mayor Magee to the podium and presented him with a plaque in recognition for the service, commitment and service he has given to the Community. Former Mayor Magee thanked his Council Colleges, City Staff, and the City Manager for working together for the betterment of Lake Elsinore. Veterans of Temecula Vallev Presentation Mr. Michael McCracken representing the Veterans of Temecula Valley noting sincere gratitude and appreciation for their contribution and service to the United States. He noted he attended an event in Lake Elsinore in November 2009, met local veterans, and invited them to Temecula for an event. He presented 4 Certificates of Recognition signed by State Senator Dennis Hollingsworth to the following Veterans: Navy Petty Officer Melissa A. Melendez: Navy Lieutenant Peter Dawson: Gunnery Sergeant Robert Keister. Sergeant Arthur Colunga: Mr. Dawson previously presented the Council with a handout stating the reasons for his appreciation. Mayor Melendez spoke on behalf of the group stating it is an honor for any Veteran to be recognized individually, usually Veterans are recognized together. She thanked Mr. McCracken for his presentation. Proclamation for Mr. Guy Hahn: Mr. Hahn was honored for his 100th birthday, born December 25, 1909. Mayor Melendez read the Proclamation to the public which noted many of the accomplishments he had achieved in his life and thanked him for his contributions. CC January 12, 2010 Item No. 2 Page 39 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 4 of 22 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE None. CONSENT CALENDAR There was no public request to speak on any of the items. APPROVED CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item) (2) Warrant List Dated December 15. 2009 Recommendation: Authorized payment of Warrant List dated December 15, 2009. (3) Investment Report - November 2009 Recommendation: Received and filed. (4) Recommendation: Adopted Resolution No. 2009-061 establishing a Policy which delegates Tort Liability Claims Handling Responsibilities to the California JPIA. Passed and adopted the following Resolution: "Resolution No. 2009-061 - A Resolution the City Council of the City of Lake Elsinore, California, establishing a policy which delegates Tort Liability claims handling responsibilities to the California Joint Powers Insurance Authority as authorized by Government Code Sections 910, et seq." CC January 12, 2010 Item No. 2 Page 40 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 5 of 22 (5) Recommendation: Approved the Proclamation which terminates suspending the issuance of burn permits and other uses of open fire. MOTION was made by Councilmember Hickman, second by Mayor Pro Tem Bhutta and unanimously carried to adopt the Consent Calendar as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. PUBLIC HEARING(S) (6) Landscaping APPROVED RESOLUTION NO. 2009-062 WRCOG MODEL AND FIRST READING OF ORDINANCE WRCOG MODEL ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TEXT AMENDMENT NO. 2008-04 REPEALING THE EXISTING CHAPTER 19.08 AND REPLACING IN ITS ENTIRETY A NEW CHAPTER 19.08 FOR WATER EFFICIENT LANDSCAPING (WRCOG MODEL) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TEXT AMENDMENT NO. 2008-04 REPEALING THE EXISTING CHAPTER 19.08 AND REPLACING IN ITS ENTIRETY A NEW CHAPTER 19.08 FOR WATER EFFICIENT LANDSCAPING (STATE MODEL) CC January 12, 2010 Item No. 2 Page 41 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 6 of 22 Recommendations: 1. Adopted Resolution No. 2009-062 approving Negative Declaration No. 2008-11 (Western Regional Council Of Governments (WRCOG) Model) DID NOT adopt a Resolution approving Negative Declaration No. 2008-11 (State Model). 2. Waived further reading and introduced by title only an Ordinance approving Text Amendment No. 2008-04 repealing the existing Chapter 19.08 and replacing in its entirety a new Chapter 19.08 for Water Efficient Landscaping (WRCOG Model) repealing the existing Chapter 19.08 and replacing in its entirety a new Chapter 19.08 which includes the attached draft Water Efficient Landscape Ordinance (WRCOG Model). DID NOT waive further reading and introduce by title only an Ordinance approving Text Amendment No. 2008-04 repealing the existing Chapter 19.08 and replacing in its entirety a new Chapter 19.08 for Water Efficient Landscaping (State Model). 3. DID NOT elect to adopt the State Model Ordinance, consider the Planning Commission recommendation to direct staff, if financially feasible, to come back to the Planning Commission with a draft Ordinance that is tailored to the City of Lake Elsinore. Community Development Director Weiner gave an overview of the two separate Ordinances, and identified the main component of difference is who would become the water police. He stated the item was before the Planning Commission, which proposed a recommendation to initiate a draft Ordinance which is tailored to Lake Elsinore residents only. Director Weiner introduced Ms. Danielle Coats, a representative from WRCOG, who spoke stating she was available to answer any questions in reference to the Ordinance prepared in lieu of the State's Model. There were no questions by the public or the Council. Mayor Melendez opened the Public Hearing at 7:15 p.m. Mayor Melendez confirmed there were no speakers in favor or against regarding this item and closed the Public Hearing at 7:15 p.m. Discussion was then brought to the Diaz CC January 12, 2010 Item No. 2 Page 42 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 7 of 22 Councilmember Buckley stated he was in favor of passing the WRCOG Model, due to the difference of who is going to become the enforcement entity. He stated he felt the City did not have the experience or the expertise to do this. Mayor Melendez questioned Director Weiner stating the Planning Commission stated the difference was subjective and requested clarification. Director Weiner noted there are several alternatives before the Council, adopting the States, WRCOG or take on the task of creating our own Model. He noted an Ordinance must be adopted by December31, and presented to the State. Mayor Melendez previously questioned removing Items A through E, however, Director Weiner stated the State must approve what we adopt and noted if the items were removed, the State would have the opportunity to reject our alternative and we would be forced to adopt their State's model. Councilmember Buckley asked Ms. Coates how WRCOG came about their recommendation and proposed Ordinance. She stated a Water Task Force which consists of all Riverside County Water Districts, and the Building Industry Association. She stated they started a year ago with surveys and noted this Model is for enforcement County-wide, all cities have been invited to adopt this model. MOTION was made by Councilmember Buckley, second by Councilmember Hickman to adopt Resolution No. 2009-062 thereby adopting Negative Declaration No. 2009-11 for Zoning Ordinance Text Amendment No. 2008-04 in reference to the WRCOG Model Ordinance. Mayor Pro Tern Bhutta questioned Director Weiner to clarify why the WRCOG was preferred fiscally. Director Weiner responded if the State Model were adopted, the City would have to hire and / or train to obtain the expertise needed to enforce the new water regulations. It was determined the funding for this would come from the General Fund. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. CC January 12, 2010 Item No. 2 Page 43 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 8 of 22 Passed and adopted the following Resolution: "Resolution No. 2009-062 - A Resolution the City Council of the City of Lake Elsinore, California, adopting Negative Declaration No. 2009-11 for Zoning Ordinance Text Amendment No. 2008-04 (INRCOG MODEL ORDINANCE)." MOTION was made by Counciimember Buckley, second by Councilmember Hickman to waive further reading and introduce by title only an Ordinance approving Text Amendment No. 2008-04 repealing the existing Chapter 19.08 and replacing in its entirety a new Chapter 19.08 for Water Efficient Landscaping (WRCOG Model) repealing the existing Chapter 19.08 and replacing in its entirety a new Chapter 19.08 which includes the attached draft Water Efficient Landscape Ordinance (WRCOG Model). The Motion was unanimously adopted by the following roll-call vote taken by the City Clerk. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. (7) An Ordinance of the City of Lake Elsinore Approving the First Amendment et al. APPROVED FIRST READING OF ORDINANCE TO APPROVE FIRST AMENDMENT TO PARDEE HOMES DEVELOPMENT AGREEMENT Recommendation: Waived further reading and introduced by title only an Ordinance approving the First Amendment to Development Agreement between the City of Lake Elsinore and Pardee Homes, Successor-In-Interest to Pardee-Grossman / Cottonwood Canyon, et al. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND PARDEE HOMES, SUCCESSOR-IN-INTEREST TO PARDEE- GROSSMAN / COTTONWOOD, ET AL. CC January 12, 2010 Item No. 2 Page 44 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 9 of 22 Community Development Director Weiner gave an overview of the item stating the proposed Development Amendment was specific for the Canyon Hills area, and would approve an additional of 20 years to the existing agreement which will allow funding to make available a community park and the formation of a Community Facilities District within future development areas providing a tax assessment for park maintenance. It was noted there was no fiscal impact to the City. Mr. Mike Taylor with Pardee Homes spoke stating with the current economic situation, they were unable to build the park as originally agreed, and needed the additional funds and time the Amendment would bring. He thanked City staff and the City Attorney who have been working on this Development Agreement Amendment for the past 18 months. Mayor Melendez opened the Public Hearing at 7:27 p.m. Mayor Melendez confirmed there were no speakers in favor or against regarding this item and closed the Public Hearing at 7:27 p.m. Discussion was then brought to the Diaz. MOTION was made by Councilmember Magee, second by Councilmember Hickman and unanimously carried by a roll-call vote to waive further reading and introduce by title only an Ordinance approving a First Amendment to Development Agreement between the City of Lake Elsinore and Pardee Homes, Successor-In-Interest to Pardee-Grossman / Cottonwood, et al as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. (8) Tentative Parcel Map No. 36123, and Industrial Design Review No. 2009-02, for Pasadena Business Park APPROVED Recommendation: 1. Adopted Resolution No. 2009-063 adopting findings of consistency with the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP). 2. Adopted Resolution No. 2009-064 approving Tentative Parcel Map No. 36123. 3. Adopted Resolution No. 2009-065 approving Industrial Design Review No. 2009-02. CC January 12, 2010 Item No. 2 Page 45 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 10 of 22 Community Development Director Weiner gave an overview of the item, stating it is to build 5 concrete tilt-up buildings for a total of 39,000 square feet. He noted the buildings would be on a total of 2.62 acres. Director Weiner stated the Planning Commission unanimously approved the project and the Applicant was available if there were any questions. Mr. Carl Johnson, the applicant spoke related to the current Conditions of Approval, noting he will not be able to build until approximately 5 years, yet his Conditions state he must build in 2 year. Director Weiner stated his Conditions mirror the existing Municipal Code, but by the Municipal Code and does allow for a life of four years if approved by the Council. Mr. Johnson stated Condition Item No. 35 addressed construction time as 8:00 a.m. to 5:00 p.m. Monday through Friday; stating this is not appropriate for an industrial area. He requested to be allowed to work on Saturdays; from 7:00 a.m. to 5:00 p.m. Councilmember Buckley stated this requirement is enforced in residential areas and did not have a problem approving his request. Mr. Johnson further stated due to budget cuts, the City is no longer providing in-house fire checks noting it is currently taking 6 weeks to receive attention from Riverside County. He noted he will be placing many fire alarms and sprinklers in the buildings and is hoping this turn around can also be adjusted. City Manager Brady noted he has been working with the Riverside County Fire Chief Hawkins and the City is doing their best to resolve these issues when they arise. Mayor Pro Tern Bhutta requested clarification of what type of business Mr. Johnson is bringing into the City. His response is he is hoping to bring home repair-type business and confirmed he did not have any specific business lined up. Mayor Melendez opened the Public Hearing at 7:35 p.m. Mayor Melendez confirmed there were no speakers in favor or against regarding this item and closed the Public Hearing at 7:36 p.m. Discussion was then brought to the Diaz. MOTION was made by Councilmember Bhutta, second by Councilmember Magee and unanimously carried to adopt Resolution No. 2009-063 adopting findings of consistency with the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) as recommended. CC January 12, 2010 Item No. 2 Page 46 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 11 of 22 AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. MOTION was made by Councilmember Bhutta, second by Councilmember Buckley and unanimously carried to adopt Resolution No. 2009-064 approving Tentative Parcel Map No. 36123." AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. MOTION was made by Councilmember Bhutta, second by Councilmember Magee and unanimously carried to adopt "Resolution No. 2009-065 approving Industrial Design Review No. 2009-02 and allowing the applicant to work on Saturdays." AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Passed and adopted the following Resolutions: "Resolution No. 2009-063 - A Resolution the City Council of the City of Lake Elsinore, California, adopting findings that the Project known as Industrial Design Review No. 2009-02 is consistent with the Western Riverside Multiple Species Habitat Conservation Plan." "Resolution No. 2009-064 - A Resolution the City Council of the City of Lake Elsinore, California, approving Tentative Parcel Map No. 36123." "Resolution No. 2009-065 - A Resolution the City Council of the City of Lake Elsinore, California, approving Industrial Design Review No. 2009-02." APPEAL(S) None. CC January 12, 2010 Item No. 2 Page 47 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 12 of 22 BUSINESS ITEM(S) (9) City of Lake Elsinore Implementation Agreement with Western Riverside Council of Governments (WRCOG) Regarding California Assembly Bill A( B) 811 APPROVED Recommendations: 1. Adopted Resolution No. 2009-066 to consent to include properties within the City's incorporated area in the Western Riverside Council of Governments Contractual Assessment Program to finance distributed generation renewable energy sources and energy efficiency improvements. 2. Adopted the Draft Implementation Agreement between Western Riverside Council of Governments and the City of Lake Elsinore in order to implement Assembly Bill (AB) 811. City Staff Mr. Jason Carlson gave an overview of the item. He stated Western Riverside Council of Governments (WRCOG) has been working with the federal government after the passing of Assembly Bill 811 regarding efficient energy. The purpose of the WRCOG Implementation Plan is to remove financial barriers that may prevent property owners from installing energy efficiency upgrades by offering alternate financing. Mr. Carlson reported the City's relationship with WRCOG would require the City to issue the permits, and WRCOG would be responsible for implementing the program. Mr. Carlson stated WRCOG AB 811 Program Manager Ms. Barbara Spoonhour was present if anyone had questions. Mayor Melendez confirmed there were no speakers regarding this item. Mayor Melendez had questions for Ms. Spoonhour. Mayor Melendez verified if the loan was an assessment lien attached to the property and not the homeowner; which Ms. Spoonhour confirmed, the loan would be added to the property tax. She questioned why WRCOG was the lead agency (not the City) and questioned why the City would not be involved or responsible for CEQA issues. City Attorney Leibold responded stating the City would be involved in the CEQA process and decision making but not carry the final burden of responsibility. Mayor Melendez confirmed with Ms. Spoonhour if a homeowner could voluntarily take out the loan, choose to upgrade their home for energy efficiency, such as their windows and doors increasing the value of their CC January 12, 2010 Item No. 2 Page 48 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 13 of 22 home, then decide to sell their home at a higher value, and pass the responsibility of the repayment (upgrade bill) onto the next owner since it was paid with taxpayer's funds and now a part of the property tax. Ms. Spoonhour stated funds would be coming from federal and state grants, bonding, and loans. She noted the program is voluntary. Mayor Melendez stated she had a fundamental problem with this concept, and would be abstaining from the vote, but did not want to deny any homeowner the opportunity to be able to participate in the program. Mayor Pro Tern Bhutta questioned why it had taken so long to be available to Lake Elsinore. City Manager Brady stated the City had been working with WRCOG regarding the program. MOTION was made by Councilmember Hickman, second by Councilmember Buckley to adopt Resolution No. 2009-066 to consent to include properties within the City's incorporated area in the Western Riverside Council of Governments Contractual Assessment Program to finance distributed generation renewable energy sources and energy efficiency improvements as recommended. AYES: Bhutta, Buckley, Hickman, Magee. NOES: None. ABSTAIN: Melendez. MOTION was made by Councilmember Hickman, second by Councilmember Buckley and unanimously carried to adopt the Draft Implementation Agreement between Western Riverside Council of Governments and the City of Lake Elsinore in order to implement Assembly Bill (AB) 811 as recommended. AYES: Bhutta, Buckley, Hickman, Magee. NOES: None. ABSTAIN: Melendez. CC January 12, 2010 Item No. 2 Page 49 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 14 of 22 Passed and adopted the following Resolution: "Resolution No. 2009-066 - A Resolution the City Council of the City of Lake Elsinore, California, to consent to include properties within the City's incorporated area in the Western Riverside Council of Governments Contractual Assessment Program to finance distributed generation renewable energy sources and energy efficiency improvements." (10) Second Reading - An Ordinance of the City Council of the City of Lake Elsinore, California. Amending Chapter 16.83 of the Lake Elsinore APPROVED Recommendation: Waived further reading and adopted Ordinance No. 1267 entitled: ORDINANCE NO. 1267 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 16.83 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM Councilmember Hickman noted he voted against the first reading of this Ordinance and would do so again. He stated if we reduce the TUMF fees enough, it would increase development but now we would be reducing the TIP funds our City receives. He stated we still have dirt roads and felt the additional funds that were brought in could be used to our benefit to help eliminate those. MOTION was made by Mayor Pro Tern Bhutta, second by Councilmember Buckley and carried by a roll-call vote to adopt Ordinance No. 1267 of the City Council of the City of Lake Elsinore, California, amending Chapter 16.83 of the Lake Elsinore Municipal Code regarding the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) program as recommended. Councilmember Magee stated he disagreed with Councilmember Hickman and noted we have an existing program which has been ongoing for the past 4 years to pave the dirt roads in the City with 2 years remaining. CC January 12, 2010 Item No. 2 Page 50 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 15 of 22 Councilmember Hickman stated we would have the opportunity to take care of additional roads and pot holes that were not in the program, and was just being concerned for the residents. His goal was to help accelerate the program. Councilmember Buckley noted 50 percent reduction in TUMF fee would could have potentially cost of $1.5 million for Rail Road Canyon Road, and further stated, if in theory the TIP fee was increased to make up for losing the TUMF fees, then why reduce anything at all. Councilmember Hickman further stated we did not encourage development with the little amount of funds we approved to reduce. He stated we had already put in $13 million for the interchange, have been through 9 designs, and to date, have received only $2 million back. Councilmember Hickman stated the interchange at Rail Road Canyon Road will probably not be built until the year 2020. AYES: Bhutta, Buckley, Magee, Melendez. NOES: Hickman. (11) Second Reading - An Ordinance of the City Council of the City of Lake Elsinore, California, Amending Chapter 15.72 of the Lake Elsinore Municipal Code Regarding Grading Standards by adding Section 15.72.065 and Amending Sections 15.72.020. 15.72.030, 15.72.050 Subpart F and 15.72.070 Subparts A and B APPROVED THE THIRD FIRST READING OF THIS ORDINANCE TO AMEND GRADING STANDARDS IN THE LAKE ELSINORE MUNICIPAL CODE Recommendation: Approved the third first reading and waived further reading to adopt the attached Ordinance by title only: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 15.72 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING GRADING STANDARDS BY ADDING SECTION 15.72.065 AND AMENDING SECTIONS 15.72.020, 15.72.030, 15.72.050 SUBPART F AND 15.72.070 SUBPARTS A AND B CC January 12, 2010 Item No. 2 Page 51 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 16 of 22 City Attorney Leibold gave an overview regarding the Ordinance which had previously been introduced twice, noting this was the third first reading of the Ordinance. Discussion was held regarding the updates to the Ordinance. Motion was made by Councilmember Magee, second by Mayor Pro Tern Bhutta and unanimously carried via a roll call vote to waive further reading to adopt the Ordinance by title only amending Chapter 15.72 of the Lake Elsinore Municipal Code regarding grading standards by adding Section 15.72.065 and amending Sections 15.72.020, 15.72.030, 15.72.050 subpart f and 15.72.070 subparts A and B as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. (12) An Interim Urgency Ordinance of the City of Lake Elsinore Establishing a 45-Day Moratorium on the Establishment and Operation of all Marijuana Manufacturing Activities Pursuant to Government Code Section 65858 APPROVED Recommendation: 1. Waived further reading and adopted by a four-fifths vote Ordinance No. 1268 by title only: ORDINANCE NO. 1268 AN INTERIM URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE ESTABLISHING A 45-DAY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF ALL MARIJUANA MANUFACTURING ACTIVITIES PURSUANT TO GOVERNMENT CODE SECTION 65858 2. Directed staff to begin studying the regulation of Marijuana Manufacturing Activities and present the City Council with additional information at a future date. City Attorney Leibold gave an overview of the Interim Urgency Ordinance and the reason it was needed. She further stated Staff would have the ability to research and obtain information to present to the City Council all information before they made a decision to CC January 12, 2010 Item No. 2 Page 52 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 17 of 22 allow or not allow Marijuana to be manufactured within the City Limits. James Stacy stated 13 years California voters passed Proposition 15. He further stated the fact Lake Elsinore does not already have something in place is unacceptable. He stated those who needed medical marijuana can obtain it legally or from drug cartels. Mr. Stacy stated supporting any moratorium is the same as supporting organized crime. Joe Wilcox from Fallbrook California, stated he is retired due to a medical condition, Leukemia. He stated during the process of doctors and hospitals, and then price $2,500. monthly price of drugs he needed he couldn't afford to be sick. He suffered through nausea, and felt terrible. He now smokes Medical Marijuana, has an appetite, and feels much better. He requested Council to not vote against the needs of the people. Kathie Thibault from Fallbrook stated she is suffering from liver cancer and has experienced horrendous procedures. She now has medical marijuana which is helping her. She stated Lake Elsinore has a decision to make and can give their residents an opportunity to have clean marijuana as needed for their health. Oscar Gomez stated he lives in Lake Elsinore, in Tuscany Hills, and stated he is terminally ill and needs his medicine. He has started Companionate Care for people terminally ill and is authorized to provide safe access to medical marijuana for 21 people. Robert Riedel who is not a home owner in Lake Elsinore stated the law has been in effect for 13 years and considering a moratorium is something the City does not have the right to do. Frank Bounbonvanais stated it was the voters, not Lake Elsinore who voted to pass Proposition 15 in favor of medical marijuana. The voters have said their peace. Lance Dovlan stated 2 years ago he was pronounced with a brain tumor and gran-mall seizures and given little time to live. He stated brain tumors continue to grow even with medications, with his use of marijuana he has outlived the expectancy of his doctors and his tumor is no longer growing. CC January 12, 2010 Item No. 2 Page 53 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 18 of 22 Councilmember Buckley stated this moratorium is not about Proposition 15, it is about allowing the growing and manufacturing of marijuana within the City limits. He confirmed Mr. Oscar Gomez was running a legal non-profit collective, not a dispensary. He noted currently a petition was being circulated regarding dispensaries. He noted state-wide there will 1 or 2 referendums on the State's General Ballot which will decide many issues for cities. Because of this, he is in support of the moratorium related to the manufacturing. Chairman Magee stated the City is within the state law. He stated with proper paperwork, people are allowed to grown their own medical marijuana for their use and this is not prohibiting the law. The moratorium is against manufacturing. Councilmember Hickman requested those to understand the City needs the time to research and ensure they are doing everything it correctly. Mayor Melendez confirmed the city was operating within the law and did have the right to consider a moratorium. She stated it did matter where the speakers lived, it would mean more if they were residents of the City coming to the Council meeting to relay their needs. Outside influence is not the same as internal input. The Mayor then requested input from Police Chief Cleary. Police Chief Cleary stated the Sheriff Department and the Narcotics dispensaries are illegal, collectives are not. He noted the courts are still filled with cases regarding Proposition 15 stating federally, marijuana is still illegal. He noted other cities who have dispensaries are reporting they are experiencing problems, such as crime. He noted many agencies are now studying this issue so everyone can get it right. MOTION was made by Councilmember Magee, second by Councilmember Buckley to waive further reading and adopt by a four-fifths vote Ordinance No. 1268, an Interim Urgency Ordinance of the City of Lake Elsinore establishing a 45-Day Moratorium on the establishment and operation of all Marijuana Manufacturing activities pursuant to Government Code Section 65858. Motion was unanimously carried via a roll call vote. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. CC January 12, 2010 Item No. 2 Page 54 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 19 of 22 MOTION was made by Councilmember Magee, second by Councilmember Bhutta and unanimously carried to directed staff to begin studying the regulation of Marijuana Manufacturing Activities and present the City Council with additional information at a future date as recommended. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. (13) Participation in Southwest Cities Coalition APPROVED Recommendation: Appointed two members and the City Manager to the Southwest Cities Coalition Subcommittee. City Manager Brady gave a brief overview of the beginning of local Mayors, Mayor Pro Tems meeting monthly. He stated a formation was started to discuss items related to this local area and will meet quarterly. The intent of this item was to direct staff to appoint two members to meet in addition to the City Manager to the formation, now called the "Southwest Cities Coalition Subcommittee." After discussion, it was determined Mayor Melendez should attend and she appointed Councilmember Hickman as the alternate. MOTION was made by Councilmember Magee, second by Mayor Pro Tern Bhutta and unanimously carried to appoint Mayor Melendez and Councilmember Hickman as representatives to the Southwest Cities Coalition Subcommittee. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. (14) Council Appointments to Various Organizations APPROVED AS AMENDED Recommendation: Confirmed the appointment of proposed delegates and alternates as contained in the attachment to this report with the following changes: CC January 12, 2010 Item No. 2 Page 55 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 20 of 22 Councilmember Magee will become the appointed representative to the Lake Elsinore San Jacinto Watershed Authority (LESJWA) due to a conflict of scheduled time with Councilmember Buckley. MOTION was made by Mayor Pro Tem Bhutta, second by Councilmember Hickman and unanimously carried to adopt the appointment of proposed delegates and alternates as contained in the attachment with the exception that Councilmember Magee will become the appointed representative to the Lake Elsinore San Jacinto Watershed Authority (LESJWA) instead of Councilmember Buckley for the year of 2010 and unanimously carried. AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. Mayor Melendez adjourned the City Council meeting at 8:23 p.m. for the Redevelopment Agency to conduct their meeting. Mayor Melendez reconvened the City Council meeting at 8:31 p.m. and proceeded with the rest of the City Council Meeting. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Marisela Gray, resident of the City of Lake Elsinore spoke in reference to the mansion located on Grand Avenue known as the Elsinore Naval Military School (Boys Academy). She stated the property was is dire need of repair and is a fire hazard. She commented she has made many calls regarding the demise of the grounds to the City and has not yet been satisfied with the results. She noted the location of the building basically represented Lake Elsinore as the "Gateway to Orange County" due to the fact it is near the SR-74, Ortega Highway and Grand Avenue for those traveling between counties. CC January 12, 2010 Item No. 2 Page 56 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 21 of 22 CITY MANAGER COMMENTS Saturday Electronic Waste Collection Event Jan. 9 8:00 a.m. - 5:00 p.m. City of Lake Elsinore Public Works Yard 521 N. Langstaff Street For information: Nicole 951 674 3124 Ext. 245 Drop off your old and used electronic equipment during our Free Collection Event! Computers, TV's, Cell Phones, Vacuums, DVD's, and VCR's will be accepted. Saturday Got Tires - Waste Collection Event Jan. 23 9:00 a.m. - 2:00 p.m. City of Lake Elsinore Public Works Yard 521 N. Langstaff For information: Nicole 951 674 3124 Ext. 245 Keep our neighborhoods clean by dropping off your old tires at our FREE Community collection event. Saturday Mass Care Shelter Training Jan. 23 8:00 a.m. - 5:00 p.m. Lake Elsinore Cultural Center 183 N. Main St. For Information: Irene Rosendale 951 674-5170 The City of Lake Elsinore Citizen's Corps in collaboration with the American Red Cross will present an opportunity for interested volunteers to become certified to work in evacuation shelters. This is a two-day course. Saturday, January 23, 2010 will be the first session. The course will complete on Saturday, January 30, 2010. All participants must be live scanned and approved prior to taking this course. There is no cost to participants for this course. City Manager Brady wished everyone a Merry Christman, Happy New Year and to have a safe Holiday. CITY ATTORNEY COMMENTS City Attorney Leibold greeted everyone telling them to have Merry Christmas, Happy Holidays and to be safe traveling. CC January 12, 2010 Item No. 2 Page 57 of 58 Lake Elsinore City Council Regular Meeting Minutes of December 22, 2009 Page 22 of 22 COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Councilmember Magee addressed the Medical Marijuana issue, stating he received many phone calls and emails from residents stating they would not attend the meeting tonight because of this issue being on the Agenda. He commented many residents stated previously those in attendance supporting Marijuana were generally loud, disrespectful, and did not live here. He stated those who attended tonight were exactly that, they informed the Council if they were in support of any moratorium it was the same as supporting organized crime. He noted they left the meeting before it was over and he had to agree with the residents who forewarned him. He then asked everyone to enjoy the holidays, take care of each other and to be safe. Councilmember Hickman thanked Tim Flemming, Susan Reid, Tom Weiner and his 2 children who all helped to give out gifts. He noted Mr. Weiner spoke fluent Spanish which surprised many of the children. He thanked everyone for their help, stating in all 160 gifts were given to all of the Headstart children. He wished "Diego" well who was in the hospital suffering from Leukemia. Mayor Pro Tern Bhutta wished everyone Happy and safe Holidays. Councilmember Buckley wished everyone a Merry Christmas. Mayor Melendez thanked those in attendance, asked everyone to enjoy the time they spend with their family and to have a Merry Christmas and Happy New Year. ADJOURNMENT There being no further business to come before the City Council Mayor Melendez adjourned the meeting at 8:41 p.m. The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday, January 12, 2010, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Debora Thomsen Debora Thomsen, CIVIC City Clerk, City of Lake Elsinore, California CC January 12, 2010 Item No. 2 Page 58 of 58