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HomeMy WebLinkAbout2008-12-9 -CC Agenda Item No.3 CITY CAF LAKE 6LSJ '' DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: December 9, 2008 SUBJECT: APPROVAL OF MINUTES Discussion The following City Council Minutes are submitted for approval as follows: a) City Council /Redevelopment Agency — November 25, 2008 b) City Council Regular Meeting -- November 25, 2008 Recommendation Approve the Minutes as submitted. Prepared by: Carol Cowley Interim City Clerk t. Approved by: Robert A. Brady City Manager Agenda Item No. 3 Page 1 of 25 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 25, 2008 CALL TO ORDER — 5:00 P.M. The joint meeting of the City Council and Redevelopment Agency Board was called to order by Mayor Hickman at 4:06 p.m. ROLL CALL PRESENT: MAYOR/MEMBER HICKMAN MAYOR PRO TEM /MEMBER KELLEY COUNCILMAN /MEMBER MAGEE COUNCILMANNICE- CHAIRMAN SCHIFFNER ABSENT: COUNCILMAN /CHAIRMAN BUCKLEY Also present: City Manager /Executive Director Brady, City Attorney /Agency Counsel Leibold, Administrative Services Director Pressey, Parks and Recreation Director Gonzales, Information /Communications Manager Dennis, Director of Lake and Aquatics Kilroy, Acting Director of Community Development Weiner and Interim City Clerk/Agency Secretary Cowley. CLOSED SESSION 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 379 - 403 -018 Agency Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and Jess & Marissa Enriquez Under negotiation: Price and terms of payment 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 PRESENTATIONS /CEREMONIALS (2) Presentation of Blue Star Award to Sgt. Ruben T. Rodriguez, U.S. Army Reserve 1 Agenda Item No. 3 Page 2 of 25 PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No public comments PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES CONSENT CALENDAR (3) Approved the following Minutes: a) Joint City Council /Redevelopment Agency Study Session — November 11, 2008 b) Special City Council Meeting — November 11, 2008 c) Regular City Council Meeting — November 11, 2008 Recommendation: Approve as submitted. (4) Warrant List dated November 13, 2008 Recommendation: Authorize payment of Warrant List dated November 13, 2008. Mayor Hickman asked if Warrants 97804 & 97805 were being paid to the same group. Administrative Services Director Pressey indicated they were different. Mayor Hickman requested staff to ask the fire stations to be very frugal with their credit card usage. (5) Investment Report — October 2008 Recommendation: Receive and file. (6) Claim Against the City Recommendation: Reject the claim of the Heirs of Jason Peters and direct the City Clerk's Office to send a letter informing the claimant of the decision. Councilman Magee mentioned the newspaper article regarding this item and noted that while the accident was very sad and tragic, he felt it was important that the record reflect the accident happened at 2:30 a.m., the vehicle was traveling in the opposite direction of the individual's home and he was traveling with a female bartender from the Bikini Beach Club. (7) Caltrans Cooperative Agreement for 1 -15 /Railroad Canyon Road Interchange Improvements Recommendation: Authorize the Mayor to enter into a Cooperative Agreement with CALTRANS for the Project Report, Project Approval and Environmental 2 Agenda Item No. 3 Page 3 of 25 Document and Plans, Specification and Estimate phases of the I -15 /Railroad Canyon Road Interchange Improvement Project. Councilman Magee asked staff if this agreement clears the way for biological assessment in the spring of 2009. Public Works Director /City Engineer Seumalo responded that this was one of the steps; however, what cleared the way was staff's meeting with Federal Highways Administration and their agreement to allow the overcrossing at Franklin. Mr. Seumalo confirmed for Councilman Magee that Jones & Stokes were not the consultant on this project; the environmental consultant was LSA. Mayor Hickman asked Mr. Seumalo how long the City has been working on this project and when he thought a plan would come to fruition. Ken Seumalo indicated they were close to having a plan stating the on site meeting last week with the Federal Highways Administration was in agreement with the Diamond Interchange configuration at Franklin which is 1,000 feet north of the existing Franklin overcrossing. Staff is looking at hook ramps to the Grape Street and Casino Drive connection and removing the ramps. He noted that one of the problems causing the congestion is the number of intersections spaced so closely. He explained this proposal is the one that the project design team has proposed and the Federal Highways Administration has looked at. Mr. Seumalo indicated some exceptions are required so approvals from the federal and state government are necessary; however, staff is on course to have the environmental studies start in January. Mr. Seumalo confirmed for Mayor Hickman that if this configuration is approved there will be a Grape Street signal Tight and a signal light at Casino Drive but the two signal lights at the north bound and south bound ramps would be removed because those ramps would no longer be there. The current configuration will impact two businesses explaining that the City would lose Pizza Hut and due to set backs, possibly Sizzler. Councilman Magee indicated he shared Mr. Seumalo's consternations about Caltrans and the restrictions they place on local jurisdictions; however, in this particular project they are waiving the permit fees and review fees associated with reviewing these plans and over the course of the next few years that would be a significant amount of money. He felt they deserved recognition for working with the City. Mr. Seumalo confirmed that the project was totally funded for approximately $22 million and the total cost of the improvements as currently proposed is estimated at $45 million 3 Agenda Item No. 3 Page 4 of 25 (8) Agreement for the Construction of Improvements — Tract 31290 -1 Recommendation: The City Council authorize the Mayor to execute the Agreements for the design and construction of Tract 31290 -1 traffic signal improvements at the intersection of Mission Trail and Hidden Trail /Elberta Road. Mayor Hickman asked if the location of the traffic Tight was at the entrance to Laing Homes. Public Works Director /City Engineer Seumalo confirmed he believed it was confirming further that the traffic signal location was two blocks from the project and the installation would occur when the occupancies reached the trigger point for the signal construction. (9) Request to Approve Structure Abatement Costs Relating to the Demolition of 202 East Franklin Street (AKA Brenneke Court) Recommendation: Authorize the City Manager to sign a Professional Services contract in the amount of $18,500.00 for the demolition of the structures at 202 East Franklin. Mayor Hickman thanked Ruth Atkins for her letter regarding this item. Councilman Magee recognized Ms. Atkins' letter and also Mr. Chipman for pursuing the Relief of any potential concern that there is any historic value. Mayor Pro Tem Kelley noted most of the complaints the City receives are about these buildings and it was time for them to go. (10) Winterfest Celebration and Street Closures Recommendation: Approve closure of Main Street for the annual Winterfest Celebration. Mayor Hickman recognized Parks and Recreation Director Gonzales for doing an excellent job for the City noting he was present both days at the motocross and for the parade on Saturday. (11) 2009 -2010 CDBG Allocation Recommendations: a) Adopt the Community Development Block Grant (CDBG) Program for Fiscal Year 2009 -2010 b) Approve submittal of the City's program to the County of Riverside Mayor Pro Tem Kelley expressed her approval and was pleased to see how staff broke the allocations down. 4 Agenda Item No. 3 Page 5 of 25 Ron Hewison representing HOPE addressed Council. He complemented the Lake Elsinore Police Department for how quickly they responded to a call he made when he caught someone siphoning gasoline from the HOPE van. After contacting the police they responded within three minutes with three squad cars. He also complemented the police for helping to keep the traffic flowing yesterday during the turkey give -aways to 693 families. Mr. Hewison then addressed HOPE's application for CDBG funds and advised that the increase in services being provided over the past three years was due to identifying and addressing the need and not due to the economic situation. The need HOPE is seeing today is, however, economically driven and is getting much worse. He indicated that in October 34,000 meals were served. He wanted Council to understand that HOPE not only seeks funding from the City but it also seeks donations in kind and at the County and community levels increasing the amount of funding it receives from the City of $18,000 - $20,000 to over $336,000 through donations and other funding sources as well. Mr. Hewison also brought to Council's attention the need to replace five of their freezers that are over ten years old and are costly and inefficient. He explained that although they are requesting $10,000 to replace the freezers, he did not think it would cost that much to replace them. Ruth Atkins complemented Mr. Hewison for the outstanding job he is doing at HOPE and advised Council that HOPE spends $25 per day for electricity because of the freezers. She supported HOPE's request for funding for new freezers indicating that the new freezers are more energy efficient and would cut the cost HOPE spends on electricity. Ms. Atkins encouraged Council to approve the CDBG funds requested by HOPE as well as the money for the freezers. Mayor Pro Tem Kelley asked for confirmation that the freezers for HOPE would be taken from the public facilities funds as well as the CDBG allocation. Director of Parks and Recreation Gonzales confirmed HOPE will receive $20,000 from CDBG and $10,000 for the freezers from public facilities funds. (12) Annual Software Maintenance Agreement Renewal With SunGard Public Sector Recommendation: The City Council authorize the City Manager to renew the annual Software Maintenance Agreement with SunGard Public Sector. (13) Authorization for City Manager to Enter into Contract with HDR, INC to Prepare CEQA Compliance Documents for the Project known as "Diamond Stadium Development" Recommendation: Staff recommends that the City Council authorize the City Manager to enter into a contract with HDR, Inc. not to exceed $115,200.00. Councilman Magee asked for a clearer picture of the project description, specifically the types of tenants, the schools, restaurants, shops, and what the zoning mix will be. 5 Agenda Item No. 3 Page 6 of 25 City Manager Brady advised that the proposed project is very conceptual at this time further indicating that an application for a specific project has not been filed. However, they have a conceptual design for a school and the zoning will be a mix. He noted the General Plan for the Ball Park District which this area falls under would address the land use designations. The developers are looking at a mix of retail, commercial, the education center, and residential as well. Councilman Magee expressed his concern that the plan doesn't just include vacant land, but also Includes Parking Lot C, the Wick Center, Bank of America, Century 21, My Buddy's Pizza. City Manager Brady advised that the developer owns the center where these businesses are located. When asked by Mayor Hickman when they purchased the center, the City Attorney confirmed it was purchased in 2008. Mayor Pro Tem Kelley asked whether the developer would be coming back to Council with more information. City Manager Brady indicated that they will have to go through the entire design process. Mayor Pro Tem Kelley suggested a study session might be in their best interest since there will be a new Council. City Manager Brady indicated a study session will be scheduled with the City Council. (14) Agreement for Construction of Improvements — Tract 32996 Recommendation: The City Council authorize the Mayor to execute the Agreement for Construction of Improvements for the design of construction of Tract 32996 improvements. (15) Agreement with Castle and Cooke for Reimbursement of the Cost of Master Plan Drainage Improvements Recommendation: Authorize the Mayor to execute the Storm Drain Improvement Credit/Reimbursement Agreement with Castle and Cooke. (16) Settlement Agreement and Release; Purchase and Sale Agreement; and Joint Escrow Instructions for the Acquisition of APN 375 - 264 -019 Recommendation: It is recommended that the City Council approve the purchase of the property subject to the satisfaction of appropriate conditions, direct the City Attorney to finalize the Agreement, authorize the Mayor to execute the Agreement in such final form as approved by the City Attorney, and direct the City Manager to execute the Certificate of Acceptance. PUBLIC HEARING(S) (17) Residential Design Review No. 2006 -18, Amendment No. 1 for De La Rosa by Centex Homes, Vesting Tract Map No. 32503 6 Agenda Item No. 3 Page 7 of 25 Recommendation: The Planning Commission recommends that the City Council adopt Resolution No. 2008 -101 approving Residential Design Review No. 2006- 18, Amendment No. 1. (18) Negative Declaration No. 2008 -12, Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan and Vesting Tentative Tract Map No. 35773 For the "Murdock Alberhill Ranch Specific Plan Area" Located on the North Side of Nichols Road, West of Collier Avenue Recommendation: The Planning Commission recommends that the City Council: a) Adopt Resolution No. 2008 -102 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan b) Adopt Resolution No. 2008 -103 adopting Negative Declaration No. 2008 -12 c) Adopt Resolution No. 2008 -104 approving Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan d) Adopt Resolution No. 2008 -105 approving Vesting Tentative Tract Map No. 35773. Mayor Pro Tem Kelley indicated that when she was reviewing the proposed amendment she was disappointed to see the park space was being decreased, however she was pleased to see that the extra land was not going to more homes but rather to increased lot sizes and toward streetscapes and other private parks. She indicated that she normally would not support a decrease in any public parks but because this plan has extra conditions she would be able to support it. APPEAL(S) No appeals are scheduled. BUSINESS ITEM(S) (19) Lake Elsinore Municipal Code Waivers for National Jet Boat Association Special Event Recommendation: Staff recommends the City Council waive the following Lake Elsinore Municipal Code sections for the proposed National Jet Boat Association Special Event, subject to compliance with all other conditions for the event as approved by the City Manager: • 9.96.120 (Boat Speed Limits) • 9.96.200 (Motorboat Noise) • 8.40.040A (Alcohol is prohibited in City parks) • 9.28.030 (Furnishing alcoholic beverages in public) • 8.40.060E (Lake Use Pass) 7 Agenda Item No. 3 Page 8 of 25 Councilman Magee expressed concern about the channel elevation and asked for confirmation that it would be okay. Director of Lake and Aquatics Kilroy advised that in talking to the experts, who race these boats, they race in very shallow water and it will meet their conditions. Mr. Kilroy advised that the range of speed is from 90 miles per hour to 250 miles per hour. Mr. Kilroy advised that Mr. Finnigan the event chair and Ken Simons who is a member of the Executive Board Jet Speed Boat Association are in the audience to answer any questions. (20) Resolution Authorizing Transmittal of the Amended and Restated Redevelopment Plans for Laguna Redevelopment Project Areas No. I, II, and III; and Resolution Determining that Amended Plans will not Require the Formation of a Project Area Committee Recommendation: The City Council adopt Resolution No. 2008 -106 Determining that the Formation of a Project Area Committee is not required. City Attorney Leibold advised Council that the staff report, the resolutions and Negative Declaration were included in the agenda packets. The three plans described in the staff report are a restatement of the existing plans. She explained that the City does not have electronic copies of the existing plans and every time a copy is made they become more faded resulting in the maps being nearly impossible to read. She advised that staff was creating a better presentation with better format and easier text to read along with graphics. The plans incorporate the original plan and each successive amendment whereas currently two to three different documents have to be reviewed to understand what the various limitations are under each plan. The Amended and Restated Plans are also updated to reflect current Redevelopment Law as opposed to the law that was in existence in 1980 which is reflected in the current plans. The amended plans also clarify certain ambiguities. There are no substantive changes to any of these plans. She explained the city council's action is solely to adopt a resolution that under Redevelopment law a Project Area Committee is not required. She further explained that a Project Area Committee is a citizens committee that is formed in the context of certain redevelopment plan adoptions that is only required if there is a substantial likelihood of displacement of residents. Since the Redevelopment Agency has no eminent domain authority and has no intention or authority to acquire properties by eminent domain a Project Area Committee is not required. After being asked by Mayor Hickman if there was a time limitation on this item, City Attorney Leibold said the matter can be continued if that is Council's desire. She reiterated what Council's action was this evening and advised that the Agency's action will be to authorize the circulation of a Negative Declaration which was included in Council's packet and to authorize the transmittal of the plans for public review. She explained the Redevelopment Law is very procedural in nature and the plans will not come to the City Council for final adoption until March or April since it is a very lengthy 8 Agenda Item No. 3 Page 9 of 25 process. The first step is to kick off the process and that is what Council is being asked to do this evening. If Council does move forward the Planning Commission will look at the Plans for conformity with the General Plan and there is a variety of other steps that need to occur before final adoption of the plans. REDEVELOPMENT AGENCY PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES There were no public comments CONSENT CALENDAR (1) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minute(s): a) Joint City Council /Redevelopment Agency meeting — November 11, 2008 b) Regular Redevelopment Agency meeting — November 11, 2008. (2) Warrant List Dated November 13, 2008 Recommendation: Authorize payment of Warrant List dated November 13, 2008. (3) Investment Report — October 2008 Recommendation: Receive and File. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEM(S) (4) Resolution Authorizing Transmittal of the Amended and Restated Redevelopment Plans for Laguna Redevelopment Project Areas No. I, II and III; and Resolution Determining that Amended Plans will not Require the formation of a Project Area Committee Recommendation: The Agency adopt Resolution No. 2008 -05 accepting the proposed Amended and Restated Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, II and III and the Initial 9 Agenda Item No. 3 Page 10 of 25 Study and Negative Declaration to the Planning Commission for its report and recommendation and to all affected taxing entities and other interested persons for their information. CLOSED SESSION City ATTORNEY /Agency Council Leibold announced that the city council has two items to discuss In closed session and that meeting will commence at 5:00 p.m. The first item is Item 1(a) conference with real property negotiator under the authority of Government Code § 54956.8. It involves property with an APN number of 379 - 403 -018. The Negotiating Parties are the City of Lake Elsinore and the Property Owners; under negotiation, price an terms of payment. The second item 1(b) as listed on the agenda involves one case of anticipated litigation under the authority of Government code § 54956.9(b). She further announced there is no closed session for the Redevelopment Agency. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES ADJOURNMENT There being no further business to come before the Council and Redevelopment Agency, the meeting was adjourned at 4:35 pm. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE THOMAS R. BUCKLEY, CHAIRMAN CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE 10 Agenda Item No. 3 Page 11 of 25 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 25, 2008 CALL BACK TO ORDER (7:00 P.M.) The Regular Meeting of the City Council was called to order by Mayor Hickman at 7:01 p.m. PLEDGE OF ALLEGIANCE Director of Parks and Recreation Ray Gonzales led the audience in the Pledge of Allegiance. INVOCATION — MOMENT OF SILENT PRAYER Mayor Hickman led the audience in a moment of silent prayer. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE. Also present were City Manager Brady, City Attorney Leibold, Captain Cleary, Public Works Director /City Engineer Seumalo, Information /Communications Manager Dennis, Director of Parks and Recreation Gonzales, Director of Lake and Aquatics Kilroy, Acting Director of Community Development Weiner, and Interim City Clerk Cowley. CLOSED SESSION REPORT City Attorney Leibold announced the City Council met in closed session to discuss two items. The first involves real property negotiations. The parcel numbers are identified on the agenda under Item 1(a). The closed session was conducted under the authority of Government Code Section 54956.8. The negotiating parties are the City of Lake 1 Agenda Item No. 3 Page 12 of 25 Elsinore and the owners Jess and Marissa Enriquez, under negotiation is price and terms of payment. There is no reportable action on item 1(a). The second item involved one potential case of anticipated litigation under the authority of Subdivision (b) of Government code § 54956.9. There is no reportable action on item 1(b). 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 379- 403 -018 Agency Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and Jess & Marissa Enriquez Under negotiation: Price and terms of payment 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 PRESENTATIONS /CEREMONIALS (2) Presentation of Blue Star Award to Sgt. Ruben T. Rodriguez, U.S. Army Reserve Mayor Hickman honored the family of Sgt. Ruben T. Rodriguez with the Blue Star Award for his service in the U.S. Army from 1986 to 1989. He is presently serving in the U.S. Army Reserve since 2005 and is serving with the 137 Quartermaster Company in Iraq. Mayor Hickman also presented a Certificate of Recognition to the family of Sgt. Rodriguez advising that both he and councilman Magee recognize the sacrifices that are made since Councilman Magee's son is currently serving in Afghanistan and his son would be leaving for Afghanistan on December 10 PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE There were no public comments. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES CONSENT CALENDAR (3) Approval of the following Minutes: a) Joint City Council /Redevelopment Agency Study Session — November 11, 2008 b) Special City Council Meeting — November 11, 2008 c) Regular City Council Meeting — November 11, 2008 Recommendation: Approve as submitted. 2 Agenda Item No. 3 Page 13 of 25 (4) Warrant List dated November 13, 2008 Recommendation: Authorize payment of Warrant List dated November 13, 2008. (5) Investment Report — October 2008 Recommendation: Receive and file. (6) Claim Against the City Recommendation: Reject the claim of the Heirs of Jason Peters and direct the City Clerk's Office to send a letter informing the claimant of the decision. (7) Caltrans Cooperative Agreement for 1 -15 /Railroad Canyon Road Interchange Improvements Recommendation: Authorize the Mayor to enter into a Cooperative Agreement with CALTRANS for the Project Report, Project Approval and Environmental Document and Plans, Specification and Estimate phases of the I -15 /Railroad Canyon Road Interchange Improvement Project. (8) Agreement for the Construction of Improvements — Tract 31290 -1 Recommendation: The City Council authorize the Mayor to execute the Agreements for the design and construction of Tract 31290 -1 traffic signal improvements at the intersection of Mission Trail and Hidden Trail /Elberta Road. (9) Request to Approve Structure Abatement Costs Relating to the Demolition of 202 East Franklin Street (AKA Brenneke Court) Recommendation: Authorize the City Manager to sign a Professional Services contract in the amount of $18,500.00 for the demolition of the structures at 202 East Franklin. (10) Winterfest Celebration and Street Closures Recommendation: Approve closure of Main Street for the annual Winterfest Celebration. (11) 2009 -2010 CDBG Allocation Recommendations: a) Adopt the Community Development Block Grant (CDBG) Program for Fiscal Year 2009 -2010 b) Approve submittal of the City's program to the County of Riverside 3 Agenda Item No. 3 Page 14 of 25 (12) Annual Software Maintenance Agreement Renewal With SunGard Public Sector Recommendation: The City Council authorize the City Manager to renew the annual Software Maintenance Agreement with SunGard Public Sector. (13) Authorization for City Manager to Enter into Contract with HDR, INC to Prepare CEQA Compliance Documents for the Project known as "Diamond Stadium Development" Recommendation: Staff recommends that the City Council authorize the City Manager to enter into a contract with HDR, Inc. not to exceed $115,200.00. (14) Agreement for Construction of Improvements — Tract 32996 Recommendation: The City Council authorize the Mayor to execute the Agreement for Construction of Improvements for the design of construction of Tract 32996 improvements. (15) Agreement with Castle and Cooke for Reimbursement of the Cost of Master Plan Drainage Improvements Recommendation: Authorize the Mayor to execute the Storm Drain Improvement Credit/Reimbursement Agreement with Castle and Cook. (16) Settlement Agreement and Release; Purchase and Sale Agreement; and Joint Escrow Instructions for the Acquisition of APN 375 - 264 -019 Recommendation: It is recommended that the City Council approve the purchase of the property subject to the satisfaction of appropriate conditions, direct the City Attorney to finalize the Agreement, authorize the Mayor to execute the Agreement in such final form as approved by the City Attorney, and direct the City Manager to execute the Certificate of Acceptance. Mayor Pro Tem Kelley moved to approve the Consent Calendar consisting of Items 3 through 16; seconded by Councilmember Schiffner. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee, and Councilman Schiffner. NOES: None. PUBLIC HEARING(S) (17) Residential Desiqn Review No. 2006 -18, Amendment No. 1 for De La Rosa by Centex Homes, Vesting Tract Map No. 32503 Recommendation: The Planning Commission recommends that the City Council adopt Resolution No. 2008 -101 approving Residential Design Review No. 2006- 18, Amendment No. 1. 4 Agenda Item No. 3 Page 15 of 25 Mayor Hickman opened public hearing at 7:06 pm. Acting Community Development Director Weiner gave a staff report advising this item was a request by Centex Homes for minor modifications to a previously approved design review for the development known as De La Rosa. Mr. Weiner Indicated the project was located off of Highway 74 in the recently annexed area near Rosetta Canyon. Out of the 60 approved lots Centex is requesting to construct a new home product on 36 of these lots that are vacant at this time. Centex is introducing a single - story model as part of this request noting the new designs are found in the Fox and Jacob Development also by Centex. The Planning Commission unanimously recommended approval of these changes and representatives from Centex are present should Council have any questions. There being no one wishing to address the City Council, the Mayor closed the public hearing at 7:08 pm. Councilman Schiffner moved to approve the project, adopting Resolution No. 2008- 101; second by Councilman Magee. The Motion unanimously carried by the following vote: AYES: Mayor Hickman„ Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. (18) Negative Declaration No. 2008 -12, Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan and Vesting Tentative Tract Map No. 35773 For the "Murdock Alberhill Ranch Specific Plan Area" Located on the North Side of Nichols Road, West of Collier Avenue Recommendation: The Planning Commission recommends that the City Council: a) Adopt Resolution No. 2008 -102 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan b) Adopt Resolution No. 2008 -103 adopting Negative Declaration No. 2008 -12 c) Adopt Resolution No. 2008 -104 approving Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan. d) Adopt Resolution No. 2008 -105 approving Vesting Tentative Tract Map No. 35773. Mayor Hickman opened the public hearing at 7:09 p.m. Acting Community Development Director Weiner advised this was a request by Castle & Cooke for a vesting Tentative Tract Map approval and an amendment to the Murdock Alberhill Ranch Specific Plan. The map portion of this request proposes 72 single family residential lots. These lots are up to 8,900 square feet in size and meet all of the parameters of the Alberhill Ranch Specific Plan. The second portion of this request is an amendment to the Specific Plan to reduce the proposed park area from a little over 10 acres to 5 acres. The remaining portion of the park acres will be used to increase 5 Agenda Item No. 3 Page 16 of 25 the size of Tots and to create open space throughout the community. There is no change in density with that request. He indicated that the applicant has agreed to all of the conditions and the Planning Commission unanimously recommended the changes as requested. There being no further comments, the Mayor closed the public hearing at 7:11 pm. Mayor Pro Tem Kelley stated after reviewing the documents she would not normally approve a reduction in a park size but the added amenities the City will be receiving by reducing the five acres, will result in larger lot sizes, better circulation, better streetscapes and open space throughout the development, and therefore she had no problem supporting it. Councilman Schiffner moved to adopt Resolution No. 2008 -102 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan; seconded by Mayor Pro Tem Kelley. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. Councilman Schiffner moved to adopt Resolution No. 2008 -103 adopting Negative Declaration No. 2008 -12; seconded by Mayor Pro Tem Kelley. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. Councilman Schiffner moved to adopt Resolution No. 2008 -104 approving Amendment No. 2 to the Murdock Alberhill Ranch Specific Plan; seconded by Mayor Pro Tem Kelley. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. Councilman Schiffner moved to adopt Resolution No. 2008 -105 approving Vesting Tentative Tract Map No. 35773; seconded by Mayor Pro Tem Kelley. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. APPEAL(S) No appeals are scheduled. 6 Agenda Item No. 3 Page 17 of 25 BUSINESS ITEM(S) (19) Lake Elsinore Municipal Code Waivers for National Jet Boat Association Special Event Recommendation: Staff recommends the City Council waive the following Lake Elsinore Municipal Code sections for the proposed National Jet Boat Association Special Event, subject to compliance with all other conditions for the event as approved by the City Manager: • 9.96.120 (Boat Speed Limits) • 9.96.200 (Motorboat Noise) • 8.40.040A (Alcohol is prohibited in City parks) • 9.28.030 (Furnishing alcoholic beverages in public) • 8.40.060E (Lake Use Pass) Director of Lake and Aquatics Kilroy provided a staff report indicating there is a long history of speed boat racing on Lake Elsinore going back to 1928 when nine world records were set at the National Speed Boat Races on Lake Elsinore. He advised the City promotes racing on Lake Elsinore by providing a high speed zone at the center of the Lake. The last time the National Jet Boat Association hosted drag boat racing on Lake Elsinore was in 1998. He stated the event proposes drag boat racing as the featured event, but there would also be food vendors, proposed wine and beer garden, live music and various exhibitors. The organizers of the event estimate approximately 1,000 to 3,000 people per day for a two day period. Staff Recommends the City Council waive the Municipal Code sections as stated in the staff report -- boat speed Limits, motorboat noise, allowing alcoholic beverages in public and lake use passes for the National Jet Boat Association Special Event subject to compliance with all other conditions as approved by the City Manager. Director Kilroy confirmed for Mayor Hickman that it was a quarter mile course and the speed ranged from 90 miles per hour to 250 miles per hour depending on the participants. Councilman Schiffner moved to approve Staffs recommendation; seconded by Councilman Magee. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. (20) Resolution Authorizing Transmittal of the Amended and Restated Redevelopment Plans for Laguna Redevelopment Project Areas No. I, II, and III; and Resolution Determining that Amended Plans will not Require the Formation of a Project Area Committee 7 Agenda Item No. 3 Page 18 of 25 Recommendation: The City Council adopt Resolution No. 2008 -106 Determining that the Formation of a Project Area Committee is not required. City Manager Brady advised Council that this was a housekeeping item and City Attorney Leibold will provide a report. City Attorney Leibold explained the three redevelopment plans were being updated and under Redevelopment Law in order to do this the City is required to go through an amendment process. This is the first step. She explained that each of the redevelopment plans was adopted in the 1980's and each plan has been amended as required by law. Those amendments are reflected in separate ordinances. In order to have one document that relates to each project area, staff is incorporating each of the prior amendments into one plan for each project area and each plan is being updated with the provisions reflect the current state of Community Redevelopment Law. Staff is preparing a more appealing, easier to read plan with clearer text and maps. Currently there is no electronic version of the original plans and every time they are copied they become more faded and the maps are nearly impossible to read. As the City moves forward with redevelopment activities this provides a consolidated plan for each project area. She explained that the action of the City Council is limited to a finding there is no need to provide for a Project Area Committee. She explained that a Project Area Committee is a citizens group that is required to be formed only if the plan would provide for a displacement of a substantial number of low and moderate income residents. None of these plans have eminent domain authority and the Redevelopment Agency has no eminent domain authority. She confirmed there were no plans to displace any low and moderate income residents and therefore the project area committee formation is not required in connection with this minor amendment. She recommended the City Council adopt the resolution finding there is no need for a PAC and later under the Redevelopment Agency Agenda there are some additional comments and a separate resolution for the Redevelopment Agency. Councilman Schiffner moved to approve the City Attorney's recommendation to adopt Resolution No. 2008 -106 Determining that the Formation of a Project Area Committee is not required; seconded by Councilman Magee. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES There were no public comments. The City Council recessed to the Redevelopment Agency at 7:19 pm. The City Council reconvened from the Redevelopment Agency at 7:22 pm. 8 Agenda Item No. 3 Page 19 of 25 RECOGNITION OF OUTGOING ELECTED OFFICIALS Mayor Hickman asked Mayor Pro Tem Kelley and Councilman Schiffner to come forward to be recognized for their outstanding service to the community. He presented Mayor Pro Tem Kelley with a certificate of recognition thanking her for her 13 years of service on the City Council; serving two terms as mayor, a member of the Elsinore Valley Arts Network, established the Concerts in the Park, led the process to relocate the Library, initiated development of the skateboard park, recognized as a Woman of Distinction for Riverside County by the Business Press in 1999, co- hosted the Vision and Views cable program, brought the Boys and Girls Club to the City along with creating the Field of Dreams fundraiser and her greatest accomplishment was her dedicated service to the citizens of Lake Elsinore. Mayor Hickman also presented Mayor Pro Tem with a key to the City for outstanding service as the longest continuous serving Council Member on the Lake Elsinore City Council from December 1995 to December 2008. Mayor Hickman presented a Certificate of Recognition to Councilman Robert Schiffner in recognition of his almost ten years of service as a councilman who served as Mayor and mayor pro tem and was instrumental in improving the water quality and fisheries of the Lake by serving on the Lake Elsinore /San Jacinto Watershed Authority Water and City Ad Hoc Committee with the Elsinore Valley Municipal Water District, served on the Riverside County Transportation Commission to improve regional mobility, advocated public safety improvements that included the development of three fire stations and his greatest accomplishment was his dedicated service to the citizens of Lake Elsinore. He also presented Councilman Schiffner with a key of the City recognizing Councilman Schiffner for his outstanding service as a Member of the Lake Elsinore City Council from March 9, 1999 to December 2008. Each were presented with a floral arrangement in recognition of their service. Harvey Ryan, Director of the Elsinore Valley Municipal Water District Board and Kimberly Ryan presented a plaque to both Mayor Pro Tem Kelley and Councilman Schiffner thanking them for pioneering the relationship between the City and the Water District into a working partnership and the results can be seen by the beautiful lake and the water that is going into the lake from EVMWD. He expressed his appreciation for Mayor Pro Tem Kelley and Councilman Schiffner both as a resident of the City and on behalf of the Water District. Kimberly Ryan thanked Mr. Schiffner and Mr. Weber for their service. She said a special thank you to Mayor Pro Tem Kelley on behalf of the Women's Club and the Girl Scouts Troop for being a leader to many women thanking her for the inspiration she has been in the eyes of women and young ladies. Kirsten Kelley thanked her mother, Mayor Pro Tem Kelley, for her 13 years of service stating that she has been able to balance her career, family and passion for the city which is very difficult. She indicated that the entire family has always felt she has given the family 100 percent attention all of the time and thanked her for all the years of 9 Agenda Item No. 3 Page 20 of 25 service, for giving them a role model to look up to, and for always being a wonderful mom. She presented her mother with a bouquet of flowers. Ken Semaulo thanked Mayor Pro Tem Kelley and Councilman Schiffner. He stated he has been in public service for 14 years ten of which he was in direct contact with City Councils and he felt the City truly had an effective Council because they have a single goal of moving this City forward in a positive direction. He said that as much as staff is looking forward to working with the new council members, staff will miss both of them. and how much they will be missed. He indicated that both Mayor Pro Tem Kelley and Councilman Schiffner have been very supportive. Tom Tomlinson from Castle & Cooke thanked Mayor Pro Tem Kelley and Councilman Schiffner for their support. A representative of the Citizen's Committee thanked Mayor Pro Tem Kelley and Councilman Schiffner for all their support by attending their meetings, answering questions and keeping the citizens informed of what was going on in the City which is very important. Information /Communications Manager Dennis indicated that one of the measures of the effectiveness of a City Council is the fact that Council is out there in the community, working the community and becoming familiar with its needs then bringing decisions forth to take care of the community. In that regard, staff presented a video of photo clips of Mayor Pro Tem Kelley and Councilman Schiffner in action. CITY MANAGER COMMENTS City Manager Brady thanked Information /Communications Manager Dennis for putting the presentation together. He acknowledged Mayor Pro Tem Kelley and Councilman Schiffner. Mr. Brady said that he has worked with both of them since he has been with the City noting that he worked with Councilman Schiffner when Councilman Schiffner was on the Planning Commission and he worked in Community Development. He stated it was a pleasure for him to work with both Mayor Pro Tem Kelley and Councilman Schiffner who have shown outstanding leadership and commitment to the residents and the citizens of this community. In terms of the city's growth and development they helped guide it through its fastest growth period in the city's history. He noted that Mayor Pro Tem Kelley has been a council member for 10% of the time the City has been in existence. He indicated he always appreciated the support and the commitment they have had to the citizens of the community and their ability to work with and support given to city staff. He thanked them for the opportunity of working with them and acknowledged they will be missed. City Manager Brady also acknowledged City Treasurer Weber who was not able to be present for the work he did over the past five years and how effectively he worked with City staff. City Manager Brady commented /announced the following: 10 Agenda Item No. 3 Page 21 of 25 • Saturday, November 25 is the Chamber's Softball Challenge at McVicker Park at 10:00 am to 2:00 pm. • Wednesday, is the Elks Thanksgiving Luncheon. Lunch seating at 11:30 am to 1:30 pm. at the Trevi Entertainment Center. • Thursday, December 4 is the Tips for Kids, 5:00 pm to 9:00 pm at Chili's, where the Police Chief will be one of the servers. • Friday, December 5 is Winterfest at downtown Main Street beginning at 5:30 pm and tree lighting at 6:00 pm. Santa Clause will be appearing as well. • Saturday, December 6 is Breakfast with Santa at 8:30 am and fire station 10 and Saturday, December 13 at 8:30 am at fire station 85. • Friday, December 12 is the COPS for Kids fundraiser at Ravioli's Restaurant . • Saturday and Sunday, December 13 and 14 is Christmas Tree Lane at the Diamond Stadium from 8:30 pm. To 5:00 pm. • The Lake Elsinore Historical Society is selling tickets for a fundraiser for HOPE. Tickets are available by calling Barbara Middlebrook at 245 -8890. The winning ticket will be drawn during the Winterfest activities on December 5th CITY ATTORNEY COMMENTS City Attorney Leibold echoed the commendations of Mayor Pro Tem Kelley and Councilman Schiffner noting that she has had the opportunity to work with approximately 30 redevelopment agencies and city councils over the past 21 years and the last 11 have clearly been the most fulfilling. She stated two big factors are the dedicated service of Councilman Schiffner and Mayor Pro Tem Kelley. She expressed her honor serving with dedicated council members whose support, thoughtfulness, deliberations and questions have been greatly appreciated. She advised how much she will miss them. COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS Councilman Magee acknowledged outgoing City Treasurer Peter Weber who changed the dynamics of the treasurer position and being the tireless watch dog of public funds. He thanked Mr. Weber for his service to the community. Councilman Magee acknowledged Councilman Schiffner who, after 25 years of public service with the City of Long Beach, moves to the other side of the hill and decides he isn't done even though he is retired, he continued to serve the public first as a Planning Commissioner and then as the City's Mayor and Councilman since 1999. Councilman Magee thanked Councilman Schiffner for all of his years of public service. Councilman Magee acknowledged Mayor Pro Tem Kelley for serving the community in so many ways, 11 Agenda Item No. 3 Page 22 of 25 noting she was a school teacher for more than 24 years in this district, she also served as Mayor and a member of the Council for 13 years. Councilman Magee Indicated he first met Mrs. Kelley's husband in 1986 when Mr. Kelley was a Planning Commissioner and then moved on to the Water Board. He felt this County owes the Kelley family a huge debt of gratitude and a thank you for their many, many years of public service to this valley. He knew that Mayor Pro Tem Kelley would continue to serve the public with the Boys and Girls Club and thanked her for her service. Councilman Buckley announced that on December 6 at the Cultural Arts Center there will be a public input mapping session for the downtown Master Plan. He invited everyone to attend and put in their ideas for the future of the downtown, beginning at 9:00 am. Registration at 8:30 am. He acknowledged outgoing Treasurer Peter Weber who spoke his thoughts and was always ready to learn. He delved into the City's books and the contracts and saved the taxpayers of this city literally hundreds of thousands of dollars. He can be and should be very proud of his record. He congratulated Councilman Schiffner on his years of service especially in regards to the Lake. He indicated that although they differed on some items, he always respected his honesty. He thanked Mayor Pro Tem Kelley for her 13 years of service to the community listing the organizations for which Mayor Pro Tem Kelley worked with indicating they were accomplishments she should be proud of. He stated she was leaving behind a positive long lasting legacy that both she and the city should be proud of. Mayor Hickman thanked Mayor Pro Tem Kelley, Councilman Schiffner and City Treasurer Weber for their service to the community, realizing the time and dedication it takes to serve in their respective capacities. Councilman Schiffner expressed what a tremendous honor it was to be allowed to hold this position. He thanked the voters who supported him these past ten years and those who accepted him. He thanked everyone that spoke this evening and appreciated their kind comments. He acknowledged the city staff indicating he tried to be supportive of all the staff and he can't imagine working with a better group of people. One of his sorrows will be the great people he met and the fact he probably won't see them that often anymore. He expressed his appreciation for the conscientious work staff has done in taking City Council's direction from the City Manager and moving forward with that direction. He acknowledged while Council makes the decisions, it is staff that does the work. He wanted staff to know that he appreciates them very much and he appreciates all they have done. Mayor Pro Tem Kelley thanked staff for the slide show and said as she thinks back over the 13 years of public service here in Lake Elsinore there are some items that are undeniably true. Public Service indeed takes dedication and commitment but its returns are exciting and challenging with opportunities and accomplishments which are appreciated when they can be done. People who feel a passion for service regardless of the capacity play a vital role In the dynamic positive growth of a community. She 12 Agenda Item No. 3 Page 23 of 25 acknowledged several citizens whose commitments to issues and organizations are all vital to everyone. They are not always in the forefront like the City Council is but everyone reaps the benefits from their service and their hard work. She thanked them all and wished them God's speed and blessings. She indicated this Council is supported by a staff of individuals who are professional in their knowledge and their approach. She indicated Lake Elsinore has an experienced, professional team who are the people that go unrecognized all too often. The city has one of the best staffs around beginning with the City Manager all the way down. She thanked them for the job they do and to let them know she has appreciated their work, their time and their dedication to us. She especially thanked City Attorney Leibold and City Manager Brady for the countless times she invaded their time with questions and inquiries and their patience has been appreciated. She said public service is not a one woman or one man job. It requires colleagues who are willing to work together for the public good and have a vision for all. My colleagues over the past 13 years have certainly been diverse and we have not always agreed on all the instances but we have always forged a working relationship that propels the city forward to solutions of issues and problems. It has been a pleasure to work with all of you. She acknowledged her best friend Councilman Schiffner, who she has worked with for 10 years. She said she admired his approach; she has been amazed by his resolve and his calm and of late, his feistiness and wit. She also thanked the Planning Commissioners and the PSAC Commissioners and Castle & Cooke and Tom Tomlinson and acknowledged them for their support of the Boys and Girls Club who are serving 110 children every day not including the children On the campuses. She stated that public service requires change. New ideas, new people and to that end there is a new council ready to try their hand at governing and she wished them well. She advised the new council members to listen, everyone has a very valid perspective; organize your time and paper; there is a lot of paper and very little time; value your staff, they know what they are doing. There are always two sides to every story. Government moves slow. Vote your heart because at the end of the day you have to live with yourself; remain humble because you are merely a citizen serving temporarily. She acknowledged her friends and family as unmistakably one of the most contributing factors to a successful tenure and mentioned by name spme of the friends who have supported her as well as he co- workers from Rice Canyon. She said Lake Elsinore has some of the most wonderful, generous and genuine people and there is enough quality people to go around. She thanked her family for the sacrifices they made stating her love, and admiration and respect for her family. She noted her husband has not missed any more meetings than she has missed which is one. She also thanked her husband for his patience. She indicated they are looking forward to the birth of their first grandchild which could happen any moment. She said that everyone in Lake Elsinore is a winner but tonight she feels like the biggest winner for knowing everyone and for being able to serve. 13 Agenda Item No. 3 Page 24 of 25 There being no further business to come before the Council, Mayor Hickman wished everyone a Happy Thanksgiving, suggesting support for HOPE which is a great organization. He announced that he just became a grandfather to a baby boy weighing 10 pounds, 3 ounces, named Noah and adjourned the meeting at 7:57 pm. DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, INTERIM CITY CLERK CITY OF LAKE ELSINORE 14 Agenda Item No. 3 Page 25 of 25