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HomeMy WebLinkAboutCity Council Agenda Item No. 2REPORT TO CITY COUNCIL TO: HONORABLE MAYOR PRO TEM AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: SEPTEMBER 13, 2011 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council Minutes are submitted for approval: Joint Study Session Meeting of August 23, 2011 Regular City Council Meeting of August 23, 2011 Recommendation Approve the Minutes as submitted. ~Qpp~Q Submitted by: Dana C. Porche Office Specialist C;l® Approved by: Virginia J. Bloom, CMC City Clerk Approved by: Robert A. Brady City Manager AGENDA ITEM NO. 2 Page 1 of 23 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 23, 2011 CALL TO ORDER Mayor Pro Tern Magee called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: Mayor Pro Tern Magee Council Member Hickman Council Member Melendez Council Member Tisdale ABSENT: None Also present: City Manager Brady, City Attorney Leibold, City Treasurer Baldwin, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Director of Lake, Parks and Recreation Kilroy, Police Chief Fontneau, Fire Chief Lawson, Planning Manager Morelion, Building & Safety/Code Enforcement Manager Chipman, Redevelopment Agency Analyst Carlson and City Clerk Bloom. CITY COUNCIL CLOSED SESSION 1(a) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9): City of Lake Elsinore vs. R Side Medical, LLC (Court of Appeal, Fourth Appellate District, Division Two, Case No. E053545) 1(b) CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case (Randy and Brandi Hiner v. City of Lake Elsinore; Claim filed 7-18-11) PRESENTATIONS / CEREMONIALS Certificate of Recognition of Elizabeth Tapia Page 3 of 23 Joint City Council/RDA Study Session August 23, 2011 Page 2 of 7 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE No comments. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES No comments. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the minutes of: (a) Joint Study Session Meeting of August 9, 2011 (b) Regular City Council Meeting of August 9, 2011 (3) Warrant List dated August 15, 2011 Recommendation: Authorize payment of Warrant List dated August 15, 2011. Council Member Hickman questioned various items on the warrant list and staff provided responses thereto. (4) Investment Report for July 2011 Recommendation: It is recommended the City Council receive and file. (5) Construction Contract Award of Historic Downtown Riverwalk In-Pavement Crosswalk Lights at Chaney Street - Project No. 4329-2 Recommendation: It is recommended that the City Council: (a) Award Historic Downtown Riverwalk In-Pavement Lights at Chaney Street to Luna Pacific Construction for the amount of $39,421.00 with a 10% contingency; (b) Authorize the City Manager to execute the contract with Luna Pacific Construction; (c) Authorize the Funding of $34,064 from Gas Tax Fund 110. Council Member Melendez inquired as to an increase of distributed funds. Public Works Director Seumalo stated that the increase was for the inspection and testing. Page 4 of 23 Joint City Council/RDA Study Session August 23, 2011 Page 3 of 7 Council Member Hickman asked how the lights work on the sidewalk. Director Seumalo stated that the lights are in the pavement and generated by solar power. (6) Sole Source Purchase of Rubberized Products Using Tire Derived Product Grant Program (TDP) Funds Recommendation: It is recommended that the City Council approve the purchase of the Rubbersidewalk materials and Rubberoo mulch in the amount of $152,540.33 from Rubbersidewalks, Inc. as a sole source provider to this project. (7) Authorize the City Manager to Enter into Contract with Albert A. Webb Associates to Prepare CEQA Compliance Documents for the Project Known as the "Cable Ski/Wakeboard Park" Recommendation: It is recommended that the City Council authorize the City Manager to enter into a contract with Albert A. Webb Associates to prepare the CEQA compliance documents for the Cable Ski/Wakeboard Park project, in an amount not to exceed $39,311. Council Member Hickman asked if any other surrounding cities were also looking into developing a similar type of project. Scott Towsley, Principle of the project stated that many cities are interested in the project; however, he was hopeful that Lake Elsinore could be the first. (8) Renewal of Agreement with County of Riverside Sheriff's Department for Law Enforcement Services for the Five Fiscal Years Ending June 30, 2015 Recommendation: It is recommended that the City Council approve the renewal of the agreement with the County of Riverside Sheriff's Department to perform law enforcement services for the five fiscal years ending June 30, 2015 in accordance with the fee and terms noted in the agreement attached. Council Member Hickman asked if the contract included an annual increase. Police Chief Fontneau stated that the contract is reviewed on an annual basis based on actual cost for services. (9) An Agreement Between the Lake Elsinore Valley Chamber of Commerce and the City Recommendation: It is recommended that the City Council approve the agreement and authorize the Mayor Pro Tem to execute the agreement with the Lake Elsinore Valley Chamber of Commerce. Page 5 of 23 Joint City Council/RDA Study Session August 23, 2011 Page 4 of 7 PUBLIC HEARING(S) (10) Public Hearing - Resolution of the City Council of the City of Lake Elsinore, California Declaring its Intention to Vacate Public Streets Recommendation: It is recommended that the City Council open the public hearing in conformity with the public hearing notice and hear evidence as may be presented by interested persons; and then close the public hearing but not take action on this item. Mayor Pro Tern Magee noted for the record that the applicant and staff are requesting to continue the item. APPEAL(S) No appeals scheduled. BUSINESS ITEM(S) (11) Second reading and adoption of Ordinance Correcting and Restating NUNC PRO TUNC Certain Time Limits Specified in Ordinance No. 987 and Affirming Certain Time Limits Specified in Ordinance No. 1249 as to the Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III Recommendation: Waive further reading and adopt by title only ORDINANCE NO. 2011-1292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CORRECTING AND RESTATING NUNC PRO TUNC CERTAIN TIME LIMITS SPECIFIED IN ORDINANCE NO. 987 AND AFFIRMING CERTAIN TIME LIMITS SPECIFIED IN ORDINANCE NO. 1249 AS TO THE REDEVELOPMENT PLANS FOR THE LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, NO. II and NO. III (12) Second Reading and adopt by title only Ordinance No. 2011-1293 electing to comply with and participate in the alternative voluntary redevelopment program contained in Part 1.9 of Division 24 of the California Health and Safety Code. Recommendation: It is recommended that the City Council conduct the second reading and adopt by title only ORDINANCE NO. 2011-1293 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA ELECTING TO COMPLY WITH AND PARTICIPATE IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM CONTAINED IN PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE Page 6 of 23 Joint City Council/RDA Study Session August 23, 2011 Page 5 of 7 (13) Approval of CDBG Supplemental Agreement 2011-2012 Recommendation: It is recommended that the City Council authorize the Mayor Pro Tern to execute the supplemental agreement with the County of Riverside for the use of Community Development Block Grant funds. (14) Residential Design Review 2011-03 For the "Sunset Hills at Summerly" Proiect Within the Neiqhborhood No 6 of the Summerly Lake Elsinore Development of the East Lake Specific Plan Amendment No. 6 Recommendation: It is recommended that the City Council: (a) Adopt Resolution No. 2011-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); (b) Adopt Resolution No. 2011-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2011-03 Mayor Pro Tern Magee noted that the Conditions of Approval did not contain any requirement to disclose to potential property owners that they are in an active recreation area. Planning Manager Morelion stated that staff would compose language that would address those issues. (15) Modification to Conditions of Approval for VTTM 28214 and VTTM 30836, Alberhill Ranch Recommendation: It is recommended that the City Council approve the recommended changes to the conditions of approval as described in items 2, 3, 6, 9, 10, 11, 13, 14, 16, 17, and 21 in the discussion section of this staff report. (16) Policy Regarding the Use of Electronic Devices during City Council Meetings Recommendation: It is recommended that the City Council review and discuss the proposed Policy and consider adoption. Council Member Hickman asked if staff still anticipated bringing forward ]PADS for the Council Agenda packets. City Manager Brady affirmed that staff is looking into ]PADS. (17) City Council Vacancy Recommendation: In accordance with the requirements of Policy No. 200-11, it is recommended to the City Council receive the recommendation from the Council subcommittee to the named applicants, interview each applicant and vote to appoint to the vacant seat. Page 7 of 23 Joint City Council/RDA Study Session August 23, 2011 Page 6 of 7 The City Council recessed and convened to the Redevelopment Agency at 4:17 p.m. REDEVELOPMENT AGENCY Chairwoman Melendez called the meeting to order at 4:17 p.m. ROLL CALL PRESENT: Chairwoman Melendez Vice-Chair Tisdale Agency Member Hickman Agency Member Magee ABSENT: None Also present: Executive Director Brady, Agency Counsel Leibold, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Director of Lake, Parks & Recreation Kilroy, Building & Safety/Code Enforcement Manager Chipman, Planning Manager Morelion and Agency Secretary Bloom. CLOSED SESSION 1(a) CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 potential case CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the Redevelopment Agency approve the following minutes: a) Joint Study Session Meeting of August 9, 2011 b) Regular Redevelopment Agency Meeting of August 9, 2011 (3) Warrant List dated August 15, 2011 Recommendation: Authorize payment of Warrant List dated August 15, 2011. (4) Investment Report for July 2011 Recommendation: It is recommended the Redevelopment Agency receive and file. PUBLIC HEARING(S) No Public Hearings scheduled. Page 8 of 23 Joint City Council/RDA Study Session August 23, 2011 Page 7 of 7 BUSINESS ITEM(S) (5) Adoption of Enforceable Obligations Payment Schedule Recommendation: It is recommended that the Agency Board adopt the Enforceable Obligations Payment Schedule as will be presented to the Agency Board for consideration concurrent with the Agency's regular meeting on August 23, 2011. (6) Termination for Convenience of the Lake Elsinore Technology Center Recommendation: It is recommended that the Redevelopment Agency Authorize the Executive Director to execute the "Offer to Terminate Financial Assistance Award Agreement for Convenience" supplied by the EDA; thus terminating the grant for the LETC or prepare a letter to the EDA requesting a two (2) week time extension so a plan can be created and presented to the EDA. The City Council reconvened at 4:18 p.m. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council would adjourn to Closed Session at 5:00 p.m to discuss Items 1(a) and 1(b). ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 4:19 p.m. to Closed Session at 5:00 p.m. and the Regular meeting at 7:00 p.m. Robert Magee, Mayor Pro Tern City of Lake Elsinore ATTEST: Virginia J. Bloom, City Clerk City of Lake Elsinore Page 9 of 23 MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 23, 2011 CALL TO ORDER Mayor Pro Tern Magee called the City Council Meeting to order at 7:00 p.m. ROLL CALL PRESENT: Mayor Pro Tern Magee Council Member Hickman Council Member Melendez Council Member Tisdale ABSENT: None Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Public Works Director/City Engineer Seumalo, Director of Lake, Parks and Recreation Kilroy, Police Chief Fontneau, Fire Chief Lawson, Planning Manager Morelion, Redevelopment Analyst Carlson and City Clerk Bloom. PLEDGE OF ALLEGIANCE Craig Turner led the pledge of allegiance. CITY COUNCIL CLOSED SESSION 1(a) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Gov't Code § 54956.9): City of Lake Elsinore vs. R Side Medical, LLC (Court of Appeal, Fourth Appellate District, Division Two, Case No. E053545) 1(b) CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case (Randy and Brandi Hiner v. City of Lake Elsinore; Claim filed 7-18-11) City Attorney Leibold announced that the City Council met in Closed Session and no reportable action taken on either item. PRESENTATIONS/CEREMONIALS Certificate of Recognition of Elizabeth Tapia Page 11 of 23 Regular City Council Minutes Meeting of August 23, 2011 Page 2 of 13 Mayor Pro Tern Magee introduced Elizabeth Tapia who was recognized for being named 2011 Youth of the Year by the Boys & Girls Clubs of Southwest Riverside County. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE CJ Stewart spoke of the preparation for the 4m Annual Veteran's Day Observance. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES There were none. CONSENT CALENDAR (2) Approval of Minutes Recommendation: It is recommended the City Council approve the minutes of: (a) Joint Study Session Meeting of August 9, 2011 (b) Regular City Council Meeting of August 9, 2011 (3) Warrant List dated August 15, 2011 Recommendation: Authorize payment of Warrant List dated August 15, 2011. (4) Investment Report for July 2011 Recommendation: It is recommended the City Council receive and file. (5) Construction Contract Award of Historic Downtown Riverwalk In-Pavement Crosswalk Lights at Chaney Street - Project No. 4329-2 Recommendation: It is recommended that the City Council: (a) Award Historic Downtown Riverwalk In-Pavement Lights at Chaney Street to Luna Pacific Construction for the amount of $39,421.00 with a 10% contingency; (b) Authorize the City Manager to execute the contract with Luna Pacific Construction; (c) Authorize the Funding of $34,064 from Gas Tax Fund 110. Page 12 of 23 Regular City Council Minutes Meeting of August 23, 2011 Page 3 of 13 (6) Sole Source Purchase of Rubberized Products Using Tire Derived Product Grant Program (TDP) Funds Recommendation: It is recommended that the City Council approve the purchase of the Rubbersidewalk materials and Rubberoo mulch in the amount of $152,540.33 from Rubbersidewalks, Inc. as a sole source provider to this project. (7) Authorize the City Manager to Enter into Contract with Albert A. Webb Associates to Prepare CEQA Compliance Documents for the Project Known as the "Cable SkiNVakeboard Park" Recommendation: It is recommended that the City Council authorize the City Manager to enter into a contract with Albert A. Webb Associates to prepare the CEQA compliance documents for the Cable Ski/Wakeboard Park project, in an amount not to exceed $39,311. (8) Renewal of Agreement with County of Riverside Sheriff's Department for Law Enforcement Services for the Five Fiscal Years Ending June 30, 2015 Recommendation: It is recommended that the City Council approve the renewal of the agreement with the County of Riverside Sheriffs Department to perform law enforcement services for the five fiscal years ending June 30, 2015 in accordance with the fee and terms noted in the agreement attached. (9) An Agreement Between the Lake Elsinore Valley Chamber of Commerce and the City Recommendation: It is recommended that the City Council approve the agreement and authorize the Mayor Pro Tem to execute the agreement with the Lake Elsinore Valley Chamber of Commerce. Council Member Tisdale requested to pull Item No. 8 from the Consent Calendar. Council Member Hickman requested to pull Item No. 9 from the Consent Calendar. It was moved by Council Member Melendez and seconded by Council Member Tisdale to approve Consent Items 2 through 7; motion passed unanimously. CONSENT ITEMS PULLED FOR DISCUSSION (8) Renewal of Agreement with County of Riverside Sheriff's Department for Law Enforcement Services for the Five Fiscal Years Ending June 30, 2015 Recommendation: It is recommended that the City Council approve the renewal of the agreement with the County of Riverside Sheriff's Department to perform law enforcement services for the five fiscal years ending June 30, 2015 in accordance with the fee and terms noted in the agreement attached. Page 13 of 23 Regular City Council Minutes Meeting of August 23, 2011 Page 4 of 13 Council Member Tisdale explained that he pulled this item in order for the public to have a better understanding of the renewal agreement with the County of Riverside Sheriff's Department. Police Chief Fontneau spoke of the FY 2011-2012 Budget and the cutbacks which occurred. He stated as the department moves forward, some of those cutbacks will need to be restored and will work together with City Council and staff on the issues. Council Member Tisdale stated that he and the City Manager met with Supervisor Buster last week and indicated that the Supervisor has agreed to give the City some funding for the Lake. Mayor Pro Tern Magee pointed out that crime is down 4% and stated he felt the Police Department does an excellent job. It was moved by Council Member Tisdale and seconded by Council Member Hickman to approve the renewal of the agreement with the County of Riverside Sheriff's Department to perform law enforcement services for the five fiscal years ending June 30, 2015; motion passed unanimously. (9) An Agreement Between the Lake Elsinore Valley Chamber of Commerce and the city Recommendation: It is recommended that the City Council approve the agreement and authorize the Mayor Pro Tern to execute the agreement with the Lake Elsinore Valley Chamber of Commerce. Council Member Hickman requested Kim Cousins of the Chamber of Commerce to provide information to the public of what the Chamber does for the City. Kim Cousins, Chief Executive Officer of the Lake Elsinore Chamber of Commerce stated there are two components to the contract, one is for development and the other is for tourism. He stated that the Chamber helps promote growth, tourism, marketing and economic development within the City. Council Member Hickman asked that the Chamber of Commerce help to reduce the day laborers along Main Street. Council Member Tisdale asked how many surrounding cities provide funding to their Chambers of Commerce. Mr. Cousins responded by saying the City of Corona, Riverside, and Temecula provide funding for their Chambers. Council Member Tisdale pointed out that most Chambers of Commerce are self-funded and would like to see the tourism dollars help promote the City. Mayor Pro Tem Magee addressed Council Member Hickman's comment about the day laborers along Main Street and suggested a meeting between Mr. Cousins, the Border Patrol and the Sheriff's Department. Council Member Melendez pointed out that it is not the responsibility of the Chamber to help clean up the City; however, having a meeting is a good start. Page 14 of 23 Regular City Council Minutes Meeting of August 23, 2011 Page 5 of 13 It was moved by Council Member Tisdale and seconded by Mayor Pro Tern Magee to approve the agreement and authorize Mayor Pro Tem Magee to execute the agreement with the Lake Elsinore Valley Chamber of Commerce; motion passed unanimously. PUBLIC HEARING(S) (10) Public Hearing - Resolution of the City Council of the City of Lake Elsinore, California Declaring its Intention to Vacate Public Streets Recommendation: It is recommended that the City Council open the public hearing in conformity with the public hearing notice and hear evidence as may be presented by interested persons; and then close the public hearing but not take action on this item. Mayor Pro Tem Magee announced that at the request of both staff and the applicant, this item will be continued to a date to be determined at which time notice would be provided pursuant to applicable requirements however public comments would be accepted. Mayor Pro Tern Magee opened the Public Hearing at 7:20 p.m. and requested comments from the public; no comments were received. Mayor Pro Tern Magee closed the Public Hearing at 7:21 p.m. APPEAL(S) No appeals scheduled. BUSINESS ITEM(S) (11) Second reading and adoption of Ordinance Correcting and Restating NUNC PRO TUNC Certain Time Limits Specified in Ordinance No. 987 and Affirming Certain Time Limits Specified in Ordinance No. 1249 as to the Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. II and No. III Recommendation: Waive further reading and adopt by title only ORDINANCE NO. 2011-1292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CORRECTING AND RESTATING NUNC PRO TUNC CERTAIN TIME LIMITS SPECIFIED IN ORDINANCE NO. 987 AND AFFIRMING CERTAIN TIME LIMITS SPECIFIED IN ORDINANCE NO. 1249 AS TO THE REDEVELOPMENT PLANS FOR THE LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, NO. II and NO. III Motion by Council Member Hickman and seconded by Council Member Tisdale to adopt by title only and waive further reading City Council Ordinance No. 2011-1292, correcting and restating Nunc Pro Tunc certain time limits specified in Ordinance No. 987 and affirming certain time limits specified in Ordinance No. 1249 as to the Redevelopment Page 15 of 23 Regular City Council Minutes Meeting of August 23, 2011 Page 6 of 13 Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, No. 11 and No. III was approved by unanimous roll call vote. (12) Second Reading and adopt by title only Ordinance No 2011-1293 electing to comply with and participate in the alternative voluntary redevelopment program contained in Part 1.9 of Division 24 of the California Health and Safety Code. Recommendation: It is recommended that the City Council conduct the second reading and adopt by title only ORDINANCE NO. 2011-1293 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA ELECTING TO COMPLY WITH AND PARTICIPATE IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM CONTAINED IN PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE It was moved by Council Member Hickman and seconded by Council Member Tisdale to adopt by title only and waive further reading City Council Ordinance No. 2011-1293, electing to comply with and participate in the alternative voluntary Redevelopment Program contained in Part 1.9 of Division 24 of the California Health and Safety Code. The motion passed unanimously by a roll call vote. (13) Approval of CDBG Supplemental Agreement 2011-2012 Recommendation: It is recommended that the City Council authorize the Mayor Pro Tern to execute the supplemental agreement with the County of Riverside for the use of Community Development Block Grant funds. Redevelopment Analyst Carlson provided an overview to Council. It was moved by Council Member Melendez and seconded by Council Member Hickman to authorize Mayor Pro Tern Magee to execute the supplemental agreement with the County of Riverside for the use of Community Development Block Grant funds; motion passed unanimously. (14) Residential Design Review 2011-03 For the "Sunset Hills at Summerly" Project Within the Neighborhood No 6 of the Summerly Lake Elsinore Development of the East Lake Specific Plan Amendment No. 6 Recommendation: It is recommended that the City Council: (a) Adopt Resolution No. 2011-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); (b) Adopt Resolution No. 2011-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2011-03 Page 16 of 23 Regular City Council Minutes Meeting of August 23, 2011 Page 7 of 13 Planning Consultant Coury provided an overview to the Council. He noted that staff added to the Conditions of Approval to provision that the builder provide to all home buyers a written statement that identifies that the project is located within an active recreation area. Council Member Melendez noted that the proposed homes are small and offered the homes will get bigger as the market conditions improve. Council Member Tisdale noticed how close the homes are to each other and stated that it is because of the economy. Mayor Pro Tern Magee requested to add "seasonal fireworks" to the added Condition. It was moved by Council Member Melendez and seconded by Council Member Tisdale to approve City Council Resolution No. 2011-051, adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The motion passed unanimously. It was moved by Council Member Melendez and seconded by Council Member Tisdale to approve Resolution No. 2011-052, a Resolution of the City Council approving Residential Design Review No. 2011-03 to include the modifications to the Conditions of Approval; motion passed unanimously. (15) Modification to Conditions of Approval for VTTM 28214 and VTTM 30836, Alberhill Ranch Recommendation: It is recommended that the City Council approve the recommended changes to the conditions of approval as described in items 2, 3, 6, 9, 10, 11, 13, 14, 16, 17, and 21 in the discussion section of this staff report. Director of Public Works Seumalo provided an overview to the Council Council Member Tisdale asked about the number of Certificates of Occupancy issued to date. Director Seumalo and Tom Tomlinson responded by saying that there has been approximately 281 Certificates of Occupancies issued. Tom Tomlinson of Castle & Cooke stated they are almost complete with the requirement for Nichols Road. He requested to have Condition No. 8 changed from 464 Certificate of Occupancy to 1200 due to the economy. He proposed to build a bike path from Nichols Road to Mountain Street along the right-of-way. Council Member Melendez addressed her concerns with the increase of homes and traffic, yet there wasn't a traffic impact study to support the flow of traffic. Director Seumalo stated that the traffic analysis analyzed impacts to specific intersections from the development; he stated that the level of service would not be affected by the change of the condition. Page 17 of 23 Regular City Council Minutes Meeting of August 23, 2011 Page 8 of 13 Council Member Tisdale spoke of the completion of Nichols Road and asked if it would have any impact on the traffic going into the project. Director Seumalo stated that the completion of Nichols Road would offer an alternative route to the Freeway and help with the circulation. Council Member Tisdale asked how many houses would be built in the next few years. Tom Tomlinson stated that they would be looking for good quality builders to build homes in the area; however, it depends on the economy. Sharon Gallina spoke of the current road conditions along Lake Street and how the street is congested with mining trucks. Mayor Pro Tern Magee requested the applicant to address the adjacent mining activity. Tom Tomlinson noted Ms. Gallina's concerns regarding the traffic and stated that there shouldn't be any additional traffic generated from the north side of Lake Street. Mayor Pro Tem Magee asked Mr. Tomlinson what their company could do to help beautify the north end of town. Mr. Tomlinson stated that they intend to complete the entry monuments into Alberhill and agreed to clean up the north end. Paulie Tehran spoke of the excessive debris near the Castle & Cooke project, the mining issues, noise, air quality and traffic in the area. Council Member Melendez asked what the builder would do to guarantee that the improvements are made. Director Seumalo stated that the builder would be required to put up a security bond. Mayor Pro Tem Magee requested an additional Condition be added which would address the appearance of the unimproved property owned by Castle & Cooke from 1-15 Freeway to Mountain Street. Council Member Melendez added into the Conditions of Approval that adequate security be provided by the 1200th Certificate of Occupancy. It was moved by Mayor Pro Tern Magee, and seconded by Council Member Tisdale to approve the recommended changes to the Conditions of Approval; Number 8 be added to reflect that the improvement occur at the 1200th Certificate of Occupancy; that a letter of credit for all improvements be completed by the 1200th Certificate of Occupancy; a condition that would state that the applicant work with the City to improve and maintain the appearance of unimproved property owned by Castle & Cooke and related companies from the 1-15 freeway to Mountain Street; and to include at the 1200th Certificate of Occupancy a letter of credit or other adequate security as approved by City staff for all additional improvements. The motion passed unanimously. Council Member Melendez asked if there was any documentation that would address the concerns of the traffic load. Director Seumalo pointed out that there was a traffic study that was submitted in November 2010, yet not approved until March 2011 with added supplements. Page 18 of 23 Regular City Council Minutes Meeting of August 23, 2011 Page 9 of 13 (16) Policy Regarding the Use of Electronic Devices During City Council Meetings Recommendation: It is recommended that the City Council review and discuss the proposed Policy and consider adoption. It was moved by Council Member Tisdale and seconded by Council Member Melendez to approve a new City Council policy which addressed the use of electronic devices during a City Council meeting and in Closed Session Meeting. The motion passed unanimously. (17) City Council Vacancy Recommendation: In accordance with the requirements of Policy No. 200-11, it is recommended to the City Council receive the recommendation from the Council subcommittee to the named applicants, interview each applicant and vote to appoint to the vacant seat. City Manager Brady provided an overview to the Council Chris Hyland, resident, spoke in opposition of the subcommittee's recommendation of only two applicants to be considered by Council to fill the vacancy. Ms. Hyland requested that the subcommittee go back and select two additional applicants to be considered by Council. Sharon Gallina spoke of her concerns as no Council members reside on the north side of the City. Harvey Ryan concurred with the two previous speakers and stated that there should be more of a selection. Council Member Hickman pointed out that if the Council could not agree, then a Special Election would have to be called which would cost thousands of dollars. He thanked the applicants for showing their interest in serving the City. He pointed out that the Council Members who live in Tuscany Hills receive no special attention. He indicated that he has reviewed all of the applications and it is his opinion that the person selected should have experience and knowledge to assist with the General Plan. Council Member Tisdale advised the public that when he reviewed each of the applications he looked for individuals who could serve on the Council for a short term. He stated that the Council's motion was to bring four or five applicants forward and suggested that the subcommittee go back and reevaluate the applications, select two additional applicants and bring them forward at the next Council meeting. Mayor Pro Tern Magee pointed out that Council Member Tisdale's suggestion would require an amendment to the City Council Policy from 30 days to 60 days. Page 19 of 23 Regular City Council Minutes Meeting of August 23, 2011 Page 10 of 13 Council Member Melendez explained to the public the process of the subcommittee's selection. She addressed the concerns of those who felt that it was the subcommittee's plot to replace all members of the Council with residents from Tuscany Hills and stated that it was nonsense. Rick Morsch, applicant, asked that the selected applicants be allowed to address the Council prior to the Council's vote. It was moved by Council Member Tisdale, and seconded by Mayor Pro Tern Magee to amend the existing Council Policy to allow up to 60 days to fill a vacancy; for the Council Subcommittee to review and select two additional applicants and to bring a total of four candidates to be considered by the entire Council at the meeting of September 13`h. The motion passed unanimously. The City Council recessed and convened to the Redevelopment Agency at 8:34 p.m. The City Council reconvened at 8:50 p.m. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES There was none. CITY MANAGER COMMENTS City Manager Brady made the following announcements: Business Marketing Forum Wednesday, August 24 5:00 p.m. - 7:00 p.m. The Diamond Club Business Networking Mixer Hosted by Navy Federal Credit Union Thursday, August 25 5:30 p.m. - 7:30 p.m Navy Federal Credit Union Fener Fundraiser - Hosted by the Links at Summerly & Skydive Elsinore Friday, August 26 6:00 p.m. Links at Summerly Fourth Annual Homerun For Hunger Friday, August 26 Storm Stadium Page 20 of 23 Regular City Council Minutes Meeting of August 23, 2011 Page 11 of 13 Farmers Market @ Lake Elsinore Outlets Friday, August 26 4:00 p.m. - 8:00 p.m. Lake Elsinore Outlets United Way Of The Inland Valleys 5th Annual Day Of Caring Saturday, August 27 7:00 a.m. Storm Stadium 2011 Concert Series Music with a View Featuring: Lakeside High School Saturday, August 27 6:30 p.m. - 9:30 p.m McVicker Canyon Park E-Waste - Hosted by Lake Elsinore Outlets Saturday, August 27 9:00 a.m. - 3:00 p.m. Lake Elsinore Outlets TIP's Seventh Annual Heroes with Heart Awards Dinner Friday, September 9 6:00 p.m. Diamond Club National Jet Boat Association: Thunder In The Channel 4 Friday, September 9- Sunday, September 11 7:00 a.m. - Dusk Inlet Channel/Storm Stadium Cruise Night at Lake Chevrolet-Chevy Sunday, September 11 4:00 p.m. - 7:00 p.m Lake Chevrolet Elsinore First Assembly Presents: 9/11 Remembered Sunday, September 11 6:00 p.m. Elsinore First Assembly of God Student of the Month Tuesday, September 13 12:00 p.m. - 2:00 p.m Sizzler Lake Elsinore Page 21 of 23 Regular City Council Minutes Meeting of August 23, 2011 Page 12 of 13 Coffee Talk with Councilwoman Melendez Wednesday, September 14 9:00 a.m. - 10:30 a.m. Location: Flour Fusion Bakery He spoke of the General Plan and Downtown Master Plan updates which are moving forward and that many of the items are now posted on the City's Website. CITY ATTORNEY COMMENTS She had no comments. COMMITTEE REPORTS There were none. CITY COUNCIL COMMENTS Council Member Melendez commented on the following: • She reminded the public of the new Farmers Market located at the Outlet Center. • She advised the public to report unattended swimming pools that have green or standing water which may attract mosquitoes. • She stated that on Friday, the Rocky Mountain Chocolate Factory will be shipping over 100 pounds of fudge to the troops serving over in the Middle East. • She thanked all of the residents who attended the interviews last week and those who applied. • She thanked the employees for their support regarding the new Labor Union Contract. Council Member Hickman commented on the following: • He spoke of a call reporting a dock that has been put on the Lake and requested Parks, Lake and Recreation Department look into the matter. Council Member Tisdale commented on the following: • He thanked all of the residents who attended the interviews last week and those who applied. • He thanked the City Clerk for also attending the interviews meeting. Page 22 of 23 Regular City Council Minutes Meeting of August 23, 2011 Page 13 of 13 Mavor Pro Tern Maoee commented on the followin He thanked those who had been praying for the safe return of his son as he will be returning home next month. He thanked Council Member Tisdale and staff for working with Supervisor Buster's office. He wished his mother a Happy Birthday. ADJOURNMENT The Lake Elsinore City Council adjourned the meeting at 9:01 p.m. to a regular meeting to be held on Tuesday, September 13th, 2011, in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. Robert Magee, Mayor Pro Tem City of Lake Elsinore ATTEST: Virginia J. Bloom, City Clerk City of Lake Elsinore Page 23 of 23