The URL can be used to link to this page

Home My WebLink About2008 CC MinutesI. Lake and Shoreline Safety a. Shoreline Safety Plan Implementation b. High Speed Zone Needs Assessment c. Lakeshore Overlay District Code Revisions II. Animal Control Services Public Safety Assessment a. Increased Service Levels b. Vicious Dogs III. Municipal Code and Ordinance Analysis a. Hotel/Motel Registration Requirements b. Alcohol Dispensing Training IV. Emergency Preparedness (City and Community Training) a. Citizen Corps Subcommittee b. CERT Training c. Public Outreach V. Traffic Safety Monitoring a. School Traffic Safety b. Neighborhood Traffic Safety VI. Graffiti Ordinance Enforcement and Outreach Program a. Graffiti Communications "Best Practices" b. Business Outreach c. Utilities & Public Agencies d. Public Education and Outreach e. Information & Surveillance Technology Mayor Pro Tem Kelley commended PSAC for their dedication, hard work and dedication to citizen safety. She expressed her concerns regarding improving the dock standards, the removing the cement pads and developing camping standards along the shoreline. Councilmember Magee indicated he would like to see the idea of call boxes being used at the lake. He also thought the idea of people signing an acknowledgement of a waiver of liability form for boaters and is an excellent tool. He suggested looking at the dock standards Canyon Lake is using. He stated he encourage cooperation with Riverside County. Councilmember Magee also suggested the City have on the web site a link or a compliant/comment form for PSAC so that safety matters can be communicated via e-mail. Councilmember Buckley suggested lake shore residents/property owners be able to obtain an annual camping permit to camp and/or allow others to camp there, such as relatives. He also suggested should the owner obtain this free annual permit to use their property as a campground, the property owner will not be allowed to charge to i camp there. 2 Councilmember Buckley stated he feels the high-speed zone on the lake should remain because it is key draw with the lake. Councilmember Schiffner stated he is very happy with what PSAC has done and what they have on their future schedule. Animal Control Services Public Safety Assessment -Mayor Pro Tem Kelley indicated she would like to see increased service levels. She suggested getting some educational information out to the citizens regarding the cost each citizen pays when animals are turned in or not spade or neutered. Councilmember Magee stated he would like to see the County re-instituted the sweeps. He also suggested the City having a 24-hour hot line for animal issues to include weekend coverage. Mayor Hickman inquired if there is a limit on the number of dogs or cats in one household. Councilmember Magee responded three dogs and one cat, in any combination. Municipal Code and Ordinance Analysis -Chairman Norkin provided a brief overview of PSAC's goals with this ordinance. He stated based on what Solano _ Beach recently approved to deter the problems related to drunk driving and promote civilian safety. He stated there is a State recognized three hour course, given through ABC, that existing employees (bartenders and the people who serve alcohol) can take to better recognize symptoms of alcohol poisoning and who have drunk too much. He noted the course is given in Riverside. Councilmember Buckley suggested moving the alcohol dispensing training within the City. He also suggested restaurants that have their service employees complete this class get a 10-15% off their business license as an incentive. Traffic Safety Monitoring - Captain Fetherolf suggested the City get the Engineering staff involved and look at what can be done to change how the access points and circulations are designed as one element; secondly, getting the people who are part of the problem involved in the solutions and suggested getting the PTA and the School District to form a committee of parents to help with this issue; and lastly, to enlist this committee to get the licenses of violators. Graffiti Ordinance Enforcement and Outreach Program - Councilmember Buckley suggested the Commission work with the Planning Department to research some anti-graffiti specific landscaping provisions for developers. _ Vice-Chair Bhutta expressed his displeasure with the cuts PSAC is being required to make and feel this is not fair. He stated it will prevent PSAC with going forth with the graffiti program. 3 Councilmember Magee responded the City Council has cut nothing as yet, and 40% of the City's total budget is public safety. He stated the Commission will find that Council will not cut that much. He also stated public safety .has been the City Council's number one priority. Councilmember Magee indicated there are other means of getting information on the graffiti program that have minimal or no costs. Chairman Norkin thanked the City Council for their support. Vice-Chair Bhutta thanked Captain Fetherolf for always having a representative attend each PSAC meeting and wished every department had a representative attend their meeting so that their questions can be answered. Vice-Chair Bhutta thanked Councilmember Magee, congratulated Mayor Hickman, and thanked Mr. Brady for his support. Commissioner Stewart thanked the City Council and staff for all of their support. Councilmember Magee suggested PSAC defend their budget at the budget study session. He also suggested PSAC work closely with the IT Department to develop "~` PSAC's web site. ADJOURNMENT Mayor Hickman adjourned the Joint City Council/PSAC meeting at 6:13 p.m. ELL~Y, MAYOR O TEM ITY OF LA~~ ELSIN~E MICHAEL N~RI~IN, CHAIRMAN PUBLIC SAFETY ADVISORY COMMISSION ATT ST: !~. V IAN M. MUNSON CITY CLERK 4 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 26, 2008 CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 7:02 p.m. CLOSED SESSION City Attorney Leibold indicated the following item was to be discussed during Closed Session: (1) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code §54957): City Manager The Regular City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE Marsha Swanson led the audience in the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer and asked everyone to remember Sonja Wilson's son Billie who recently passed away. 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, Administrative Services Director Pressey, Director of Lake and Aquatic Resources Kilroy, Director of Public 1 ,_ Works Seumalo, Information/Communications Manager Dennis, Chief of Police Fetherolf, Director of Community Development Preisendanz, Planning Manager Weiner, Finance Manager Riley, Fire Captain Hendershot and City Clerk Munson. PRESENTATION/CEREMONIALS Gene Wunderlich, representative of the Realtor's Association, made a presentation regarding mortgage fraud in the Lake Elsinore area. Mayor Hickman requested the City's IT Dept. to work with Mr. Wunderlich on providing this information on the City's web site. Louis Davis, .Regional Public Affairs Manager for Edison, made a presentation regarding the activities of California Edison which will be undertaking the fortifying and strengthening the electrical infrastructure for the City. Nancy Hunzuker, 1St Vice-Chair for the Chamber of Commerce, provided an update on Chamber activities. She stated the Chamber will be holding their 13t" Annual Golf Tournament on Friday, April 11 t" at the Links at Summerly and for further information call 245-8848. She also announced the next Chamber Mixer will be held on Thursday, February 28t" at 5:30 p.m. at the Wells Fargo Bank on Highway 74 and Central Avenue. She also announced the Education Workforce Development Committee Luncheon will be held on Thursday, March 20t" at the Diamond. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session for a public employee performance evaluation of the City Manager. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Ruth Atkins, resident, announced the book on the history of Lake Elsinore, published by the Lake Elsinore Historical Society, is for sale and available at the Main Street Museum. Mike Matthews, resident, spoke about the unhealthy situation being caused by the development and business that are located behind his property. He indicated that there is now an awful order and stated he is asking for City Council's help to get all involved parties and resolve the drainage issue. Dora Munoz, resident, also spoke about the problems she and her family members endure due to the drainage problem. Public Works Director/City Engineer responded the City is waiting for the Shopoff Group '- to process an agreement between Fairfield Communities so that the City can run the drainage across their property. 2 Councilman Magee suggested the Council not approve another project in that area until the problem is resolved. He stated the annexation effort needs to stop and no permits for anything in Rosetta Canyon be issued. He noted if Fairfield cannot control their water, then maybe the Water District can control it by turning it off. He stated the City needs to get the attention of these people that are harming the people below them. Mayor Hickman requested staff to contact Shopoff and inform them of the discussion that occurred. Councilman Buckley also suggested each Councilman contact Shopoff in the morning and demand the drainage issue be fixed. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 6 THROUGH 15. EXCLUSIVE OF CONSENT CALENDAR ITEM NO. 5 The following items were listed on the Consent Calendar for Council approval: (5) Minutes of the Following Meeting(s) a) Joint City Council/Redevelopment Agency Study Session -February 26, 2008. b) Regular Meeting -February 26, 2008. Recommendation: Approve as submitted. (6) Warrant List Dated February 14, 2008 Recommendation: Authorize payment of Warrant List dated February 14, 2008. (7) Investment Report for January 2008 Recommendation: Receive and file. (8) Claims Against the City Recommendation: Reject the claims listed and direct the City Clerk's Office to send a letter informing the claimants of the decision. (9) TIF Reimbursement Agreement Amendment for Centex Homes Recommendations: Approve the reimbursement of $844,485 and authorize the City Manager to execute an amendment to Section 5 (Payment of the Reimbursement Amount) of the Street Improvement Reimbursement Agreement allowing for reimbursement of an amount not to exceed $844,485 in a form approved by the City Attorney. 3 (10) Median Modification on Malaga Road Recommendation: Authorize staff to proceed with the construction process for two left turn pockets on Malaga Road adjacent to the easterly driveway of stadium lot "A" and parking lot "C" using the Street Improvement In-Lieu funds in the amount estimated to be $55,000. (11) Donation to Animal Friends of the Valley Recommendation: Authorize the City Manager to donate four available surplus vehicle flashing warning lights and donate an additional four vehicle flashing warning lights as they are classified surplus within the remainder of the calendar year. This donation will be made to the Animal Friends of the Valley. (12) Status of the General Plan Update and Environmental Impact Report Recommendation: Receive and file. (13) Proposition 1 B, Local Streets and Roads Funding Recommendation: Approve the use of Proposition 1 B funds for the pavement repair and asphalt overlay of Grand Avenue between Machado Street and -- Riverside Drive. (14) Status Report Regarding the MSHCP Recommendations: a) Receive and file this status report; b) Approve Amendment No. 2 to the JPA; c) Direct staff to notice an ordinance amending Section 19.16.090 of the Lake Elsinore Municipal Code regarding the automatic annual fee adjustment to the MSHCP fee schedule; and d) Provide additional direction to staff as the Council deems appropriate. Mayor Hickman pulled Consent Calendar Item No. 5. It was moved by Councilman Magee, and seconded by Mayor Pro Tem Kelley to approve Consent Calendar Items No. 6 through 14, exclusive of Consent Calendar Item No. 5. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE 4 COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCIL APPROVES CONSENT CALENDAR ITEM NO. 5 -MINUTES (5) Minutes Mayor Hickman indicated he pulled this item to abstain from voting due to his absence. It was moved by Mayor Pro Tem Kelley and seconded by Councilman Magee to approve the Consent Calendar Item No. 5. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: MAYOR HICKMAN PUBLIC HEARINGS (15) COUNCIL APPROVES GENERAL PLAN AMENDMENT. ZONE CHANGE AND SPECIFIC PLAN FOR SPYGLASS RANCH SPECIFIC PLAN Community Development Director Preisendanz presented the staff report. He stated Spyglass Specific Plan encompasses 259.6 acres and proposes 1,035 dwelling units ranging from estate residential homes, single-family detached homes, courtyard homes, multi-family homes, public and private parks, 85 acres of open space, and an extensive multi-purpose trail system. He stated the Planning Commission recommends approval of the General Plan Amendment, Zone Change and Specific Plan. Mayor Hickman opened the public hearing at 7:52 p.m. 5 ._ Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Hickman closed public hearing at 7:52 p.m. Councilman Buckley had several questions of staff regarding the Specific Plan, the development and the Conditions of Approval. Councilman Buckley requested staff to ensure Condition No. 22 stating "all streetscape improvements including landscaping and irrigation shall be fully constructed along the entire length of the proposed project along Camino Del Norte and Elsinore Hills Drive prior to issuance of the first building permit within Phase I of project development as identified on the approved landscape plans" is included in the Conditions. Councilman Buckley requested Condition No. 35 be amended to read as follows: "All slopes and landscaping within public right-of-way shall be maintained by the property owner or property owner's association or another maintenance entity approved by the City Council." Councilman Buckley also requested when any of the other Conditions addresses the concept of other entities maintaining land, that the specific wording of "shall be approved by the City Council", shall be used. Councilman Buckley requested in Condition No. 45 that the words "a raised median" be placed back in the Condition. Councilman Buckley requested staff ensure Condition No. 71 be part of the Conditions. Councilman Buckley requested staff remove the wording "at a higher occupancy threshold" in Condition No. 75. Councilman Buckley noted that Condition Nos. 92, 93, 94 and 95 need to be amended to read "entity approved by the City Council." Councilman Buckley requested to add a reference to plexi-glass fencing. Mayor Pro Tem Kelley stated she disagreed with the comfort level that staff has with the amount of park space and the paying in-lieu fees for a regional park somewhere else in the area. Community Development Director Preisendanz indicated within the court yard "- homes, staff will require a recreation center, BBQ areas, open space areas for the individual homes which will be congruent with the single-family detached 6 homes. He noted there will be future opportunities to require parks in strategic locations throughout the tracts as they are proposed. Councilman Magee asked Mr. Lunde if he would consider a change in the density because he cannot support 24 dwelling units per acre and suggested 20 dwelling units per acre. Mr. Lunde responded if the market does not favor 24 dwelling units per acres or in the next few years, they have the ability to down size and ultimately change to commercial if the market does not favor residential. It was motioned by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Resolution No. 2008-27, certifying Environmental Impact Report No. 2007-01. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE It was motioned by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Resolution No. 2008-28, adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 7 _ It was motioned by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Resolution No. 2008-29, approving General Plan Amendment No. 2006-04. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Councilman Magee, and seconded by Mayor Hickman to waive further reading and introduce Ordinance No. 1246, approving Zone Change No. 2005-07, subject to the modifications in planning areas # 5 and 6 that the maximum density does not exceed 20 units per acres. The following Roll Call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE It was motioned by Councilman Magee, and seconded by Mayor Hickman to waive further reading and introduce Ordinance No. 1247, approving Specific Plan No. 2005-02, subject to the changes made to Condition Nos. 77, 35, 45, 92, 93, 94, 95, 45, and 75 with respect to the signals, and to add in the ability to add plexi-glass fencing as well and including Planning Areas Nos. 5 and 6 for density not to exceed 20 dwelling units per acres. A substitute motion was made by Councilman Buckley with regards to Areas 1, 5, 6 and 12 combined to have a maximum of 12 dwelling units per acres that 8 increases on court yard and decreases on multi-family. There was no second; therefore motion fails for lack of a second motion. The following Roll Call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE COUNCILMAN BUCKLEY LEFT THE COUNCIL CHAMBER AT 8:48 P.M. (16) COUNCIL APPROVS GENERAL PLAN AMENDMENT NO. 2007-06 INDUSTRIAL DESIGN REVIEW NO. 2006-02, AND TENTATIVE PARCEL MAP NO. 33531, FOR "ELSINORE WEST BUSINESS PARK" Community Development Director Preisendanz presented the staff report. He noted this project will ultimately be developed as five separate single-story light industrial buildings ranging in size from 5,181 sq.ft. to 9,951 sq.ft. He stated the Planning Commission unanimously approved the project and recommends City Council approval. Mayor Hickman opened the public hearing at 8:49 p.m Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Hickman closed public hearing at 8:50 p.m. It was motioned by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Resolution No. 2008-30, adopting Mitigated Negative Declaration No. 2007-12. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER 9 NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE It was motioned by Councilman Schiffner, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008-31, adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE It was motioned by Councilman Schiffner, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008-32, approving General Plan Amendment No. 2008-08. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMEMBER BUCKLEY ABSTAIN: NONE It was motioned by Councilman Schiffner, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008-33, Tentative Parcel Map "- No. 33531. 10 The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE It was motioned by Councilman Schiffner, and seconded by Councilman Magee to waive further reading and adopt a Resolution No. 2008-34, Industrial Design Review No. 2006-02. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE COUNCILMAN BUCKLEY RETURNED TO THE COUNCIL CHAMBER AT 8:53 P.M. (17) COUNCIL INTRODUCES ORDINANCE NO. 1248: APPROVING ZONING ORDINANCE AMENDMENT 2007-01; A REQUEST TO AMEND THE LAKE ELSINORE MUNICIPAL CODE RELATIVE TO THE ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY DISTRICT WITHIN VARIOUS ZONING DISTRICT S CITYWIDE AS OUTLINE DIN CHAPTER 17.37 (PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT) Community Development Director Preisendanz presented the staff report. He stated the Planned Unit Development Overlay would provide flexibility, diversity and creativity in the design of smaller development projects; smaller than a specific plan. He stated the Planning Commission unanimously approved the Zoning Ordinance Amendment and recommended City Council approval. 11 Mayor Hickman opened the public hearing at 8:53 p.m Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Hickman closed public hearing at 8:54 p.m. It was motioned by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and introduce Ordinance No. 1248, as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADDING CHAPTER 17.37 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT The following Roll Call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (18) COUNCIL ADOPTS URGENCY ORDINANCE NO. 1249. TO ELIMINATE AND AMEND CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I. II AND III Mayor Hickman opened the public hearing at 8:59 p.m. City Attorney Leibold presented the staff report. She stated the purpose of the ordinance is three part: 1) to correct some technical errors that resulted in an ordinance in 1994 that was required under Legislative changes, incorporated into Assembly Bill 1290; 2) it allows to take advantage of provisions allowed by Senate Bill 1211 to eliminate the time limit to incur debt; and 3) final purpose is to extend the life of each of the Redevelopment Plans by one year which is allowed by Senate Bill 1045. 12 _ Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Hickman closed public hearing at 9:05 p.m. It was motioned by Mayor Pro Tem Kelley, and seconded by Councilman Buckley to waive further reading and adopt by Urgency Ordinance No. 1249 as follows: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO ADOPT BY TITLE ONLY AN URGENCY ORDINANCE ELIMINATING AND AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. I, THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. II AND THE RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO III The following Roll Call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMS (19) COUNCIL ADOPTS RESOLUTIONS APPROVING COMMERCIAL DE REVIEW NO. 2007-18 FOR THE PROJECT KNOWN AS THE "BANI AMERICA" BUILDING Community Development Director Preisendanz presented the staff report. He stated the bank will be located in the Target Shopping Center adjacent to the Wachovia Bank on the corner of Collier and Central Streets. He stated the 13 Planning. Commission unanimously approved the Commercial Design Review and recommended City Council approval. Glen Daigle, Oak Grove Equities, Inc., thanked City staff and stated he would answer any questions the City Council may have. Jolge Cely, Architect for Bank of America, also thanked City staff and stated he is available to answer any questions the City Council has. It was motioned by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt a Resolution No. 2008-35, adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt a Resolution No. 2008-36, approving Commercial Design Review No. 2007-25. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 14 (20) COUNCIL AODPTS RESOLUTION NO. 2008-37 APPROVING AN EXTENSION OF TIME FOR TENTATIVE TRACT MAP 33486 Community Development Director Preisendanz presented the staff report. He stated the tentative tract map proposes 83 single-family homes with lots ranging in size from 7,200 to 12,166 sq.ft. He stated the Planning Commission unanimously approved the extension of time for Tentative Tract Map No. 33486 until February 26, 2011, and recommended City Council approval. John Boggs, Corman Leigh, requested Condition No. 4 reflect the expiration of the map to be in three years instead of two. It was motioned by Councilman Buckley, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt a Resolution No. 2008-37, approving an extension of time for Tentative Tract Map No. 33486 to include the amendment to Condition No. 4. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (21) COUNCIL APPROVES RESOLUTION _ NO. 2008-38, RESERVING THE PURCHASE AND ACQUISITION OF TAX-DEFAULTED PROPERTIES BY THE CITY OF LAKE ELSINORE Administrative Services Director Pressey presented the staff report. He indicated the resolution before the City Council does not lock in the City to the purchase of the properties. He stated staff was able to contact Ken Press from the State Controllers Office and he indicated the City is not obligated up to the point of signing the purchase and sale agreement. Administrative Services Director Pressey indicated if Council approves this resolution, staff would submit the resolution to the County; the County then will take 3-4 months to finalize the agreement. He stated in the interim, staff would do an initial analysis, due diligence and refine the selection of the properties the City decides to purchase. 15 _ Councilman Magee stated the newspaper was incorrect in reporting and implying the City was purchasing homes that are in foreclosure, when in fact, none of the parcels had any residential structures on them or are foreclosed properties. It was motioned by Councilman Schiffner, and seconded by Councilman Buckley to waive further reading and adopt a Resolution No. 2008-38, objecting to the sale of some combination of the tax-defaulted properties identified above and applying to the County Board of Supervisors, County Tax Collector and Treasurer, and State Controller to purchase properties, and authorizing and directing the City Manager to execute the Purchase Tax Defaulted Property Agreement in the maximum total property purchase amount of $473,171.79, plus $175 for public notices ($473,346.79 grand total). The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (22) COUNCIL RECEIVES AND FILES THE ASSESSMENT DISTRICT AND COMMUNITY FACILITIES DISTRICT ANNUAL REPORT Administrative Services Director Pressey presented a PowerPoint presentation. It was the consensus of the City Council to receive and file report. PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: (1) Announced the Chamber Mixer will be held at Wells Fargo Bank on Central Street from 5:30 p.m. to 7:30 p.m., February 28tH (2) Announced on Saturday, March 1St, the Household Hazardous Waste Collection, just outside of the City Yard at 521 N. Langstaff Street from 9 a.m. to 2 p.m. 16 (3) Announced March 8th was the Summerly Golf Course Grand Opening at 29381 Village Parkway. (4) Farmer's Market, Thursday, March 2nd, from 4-7:00 p.m. on Main Street and Peck. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilman Schiffner commented on the following: No comments. Councilman Magee commented on the following: (1) Trauma Intervention Program of Southwest Riverside County will be holding their -- 3rd Annual Golf Tournament on March 21St at the Links at Summerly. For information please call (951) 678-4509. (2) Congratulated City Manager Brady on his performance evaluation and indicated the Council unanimously supports him and looks forward to many, many years of service. Councilman Buckley commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: No comments. Mayor Hickman commented on the following: (1) Announced the City's Sister City Tahiti need families to house the kids later this summer. If you are interested call Leslie at (949) 742 0292. (2) Announced the Mayor, Councilman Buckley and the City Manager will be making a trip next week to Washington D.C. to acquire funding. 17 Mayor Hickman adjourned the meeting at 9:52 p.m. - L HIC MAN, MAYOR CITY OF LAKE ELSINORE ATT T: V IAN M. MUNSON CITY CLERK 18 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 11, 2008 **************************************************************************************************** CALL TO ORDER - 7:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 7:02 p.m. PLEDGE OF ALLEGIANCE Donna Kramer led the audience in the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting 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, Administrative Services Director Pressey, Director of Lake and Aquatic Resources Kilroy, Director of Public Works Seumalo, Information/Communications Manager Dennis, Chief of Police Fetherolf, Director of Community Development Preisendanz, Finance Manager Riley, Fire Captain Hendershot and City Clerk Munson. PRESENTATION/CEREMONIALS Mayor Hickman provided a summary of the activities and programs that were presented to the Legislators in Washington, D.C. by the Mayor, Councilman Buckley and the City Manager. He noted some of the federal appropriations funding requests were as follows: I-15/Railroad Canyon Road Interchange Improvements; the Avenues Septic Tank Conversion Project; Emergency Operations Center; Lake Elsinore Valley Water Quality Improvement, Phase I; Inlet Channel Stabilization and Dredging; and the Light Rail Corridor. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Ruth Atkins, resident, requested to save the dates of July 4tH Stn & 6m for events of the Downtown Merchants Association. She also announced the book of the History of Lake Elsinore is available to purchase for $20 and can be purchased by calling 678-1537. Barbara Cady, resident, announced the EVAN is "Music With a View. She stated the even Music, to be held at the Cultural Center, April and will be sold at the door and c www.elsinorevalleynetwork.org. She noted announced EVAN will be holding their 10th the Cultural Center. having a fundraiser to raise funds for an be purchase on the web site at t is called "Elsinore Extreme Cuisine For 12tH from 6:00 - 9:00 p.m., tickets are $50 cocktail attire is also required. She also poetry contest on April 2~d at 7:00 p.m. in Jimmy Golden, resident, expressed her concerns with Lakeview Drive and Manning Street and urged Council to have something done with the road. Donna Kramer, Business Owner, thanked the City of Lake Elsinore for the assistance provided in re-opening their restaurant Arrivederci Roma. She also thanked the Lake Elsinore Fire Department for their wonderful job they did in putting out the fire at their restaurant. She also announced the restaurants grand re-opening March 12tH at 4:00 p.m. with a ribbon cutting ceremony and invited all to attend. Lisa Matthews, resident, inquired about the status of Allen Street. Public Works Director/City Engineer Seumalo reported that thanks to the intervention of the City Council, staff will be receiving the documents from Shopoff in the morning. He indicated staff will then transmit the documents to Fairfield for their review and execution. He stated apre-construction meeting has been set up with Fairfield with their construction people next Tuesday morning. He indicated the expected start date for the construction is the week of March 24tH COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 1 THROUGH 13 The following items were listed on the Consent Calendar for Council approval: (1) Minutes of the Following Meeting(s a) Joint City Council/Redevelopment Agency Study Session -July 24, 2007. b) Regular Meeting -July 24, 2007 c) Joint City Council/Redevelopment Agency Study Session -February 26, 2008. d) Regular Meeting -February 26, 2008. Recommendation: Approve as submitted. 2 (2) Warrant List Dated February 28, 2008 Recommendation: Authorize payment of Warrant List dated February 28, 2008. (3) Bid Award for Purchase of Industrial Strength Aluminum Fencing Recommendation: Award bid to Fences4Less, Inc, for the purchase of specified aluminum fencing in the amount of $17,255.60. (4) Amendment to Extend Agreement and Extra Work Charges for Engineering Services for the Boat Launch Facility Improvements Project Recommendations: a) Approve and authorize the City Manager to execute the First Amendment to Agreement for Professional Services. b) Approve extra work charges with Noble Consultants Inc., in the amount of $70,000, including the budget adjustment to Account 118-0000-463-20- 20. (5) Award of Contract -Traffic Striping and Pavement Marking Maintenance Work Recommendation: Authorize the City Manager to execute a maintenance contract - agreement with Orange County Striping Service, Inc. for maintenance of street striping and markings for a term of one year commencing from the date of execution, and can be extendable in one year increments up to three years, with approval of the City Manager. (6) Quitclaim Deed for a Portion of Flint Street in Favor of Carolyn Maguire Recommendation: Authorize City staff to process a Quitclaim Deed over the vacated portion of Flint Street adjacent to Lot 19 of Hazards Subdivision through the County Recorder. (7) Senior Center Capital Improvement Proiect Recommendation: Approve the recommended design changes to the CIP budget and authorize the City Manager to process a purchase order in the amount of $37,625 to Beach Design for design services. (8) Authorize Purchase of Parks Irrigation System Recommendation: Authorize the City Manger to process a purchase order in the amount of $92,314.39 to John Deere Landscapes for the purchase of the City's new parks irrigation system. 3 (9) Parks and Trails Master Plan Contract for Services Recommendation: Approve an exception to the bid process and authorize the City Manager to sign an agreement with Baxter Miller Landscape Architecture. (10) Median Modification on Malaga Road -Contract Award Recommendations: a) Award the median modification on Malaga Road to NPG Corporation for the amount of $41;915. b) Authorize the Mayor to execute the contract with NPG Corporation. (11) Grant of Easement to Elsinore Valley Municipal Water District Recommendation: Authorize the City Manager to process the easement documents and instruct staff to forward the document to the County for recordation. (12) Professional Services Aareements with Vision Internet Providers Inc for Web Site Development, Maintenance Services and Web Site Hosting Recommendation: Authorize the City Manager to execute three professional -' services agreements for Web development, annual maintenance and site hosting with Vision Internet Providers, Inc. of Santa Monica, California. (13) Amendment to City Manager's Employment Agreement Recommendation: City Council approve the Second Amendment to Employment Agreement and authorize the Mayor to execute the same. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Magee to approve Consent Calendar Item Nos. 1 through 13. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 4 PUBLIC HEARINGS (14) COUNCIL ADOPTED RESOLUTION NO. 2008-39; ADOPTING MITIGATED NEGATIVE DECLARATION AND ADOPTED RESOLUTION NO. 2008-40 ADOPTING THE FINDINGS THAT THE ENTITLEMENTS ARE CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN Director of Lake and Aquatic Resources Kilroy presented the staff report. He indicated the 35 year old boat launch facility has deteriorated with time and requires rehabilitation to serve the needs of the boating public and increase safety for shoreline users. He noted the existing boat launch facilities are inadequate to serve current and future demands of the boating public. He indicated staff has determined that the Mitigated Negative Declaration for the project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines and the City's procedures for implementation of CEQA. Mayor Hickman opened the public hearing at 7:18 p.m. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. There being none, Mayor Hickman closed the public hearing at 7:19 p.m. It was motioned by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Resolution No. 2008-39, adopting Mitigated Negative Declaration No. 2007-13. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Resolution No. 2008-40, adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). 5 The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (15) ITEM TAKEN OFF CALENDAR -RELATED TO ORDINANCE AMENDING AND RESTATING SECTION 19.16.090 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE AUTOMATIC ANNUAL FEE INCREASE FOR THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN FEE The City Attorney indicated the item will be taken off calendar due to the City Council having already taken action at a previous meeting. Mayor Hickman opened the public hearing at 7:23 p.m. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. There being none, Mayor Hickman closed the public hearing at 7:23 p.m. No action was taken. BUSINESS ITEMS (16) COUNCIL CONTNUES RESIDENTIAL DESIGN REVIEW NO. 2005-24 AMENDMENT NO. 1 FOR "TRIESTE" BY MBK HOMES (TTM 34231 It was motioned by Councilman Magee, and seconded by Councilman Schiffner to continue the Residential Design Review No. 2005-24, Amendment No. 1 to the March 25, 2008, City Council meeting. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE 6 COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (17) COUNCIL ADOPTS ORDINANCE NO. 1246, APPROVING ZONE CHANGE NO. 200:5-07 AND ADOPTION OF ORDINANCE NO. 1247. APPROVING SPECIFIC PLAN NO. 2008-02, RELATED TO SPYGLASS RANCH It was motioned by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Ordinance No. 1246, approving Zone Change No. 2005-07. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE It was motioned by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Ordinance No. 1247, approving Specific Plan No. 2008-02. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE 7 (18) COUNCIL ADOPTS ORDINANCE NO. 1248, ADDING CHAPTER 17.37 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT It was motioned by Mayor Pro Tem Kelley, and seconded by Councilman Buckley to waive further reading and adopt Ordinance No. 1248, adding Chapter 17.37 to the Lake Elsinore Municipal Code regarding a Planned Unit Development Overlay District. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (19) COUNCIL FINALIZES URGENCY ORDINANCE NO. 1249. ELIMINATING AND AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREAS NO. I, II, AND III It was motioned by Mayor Pro Tem Kelly, and seconded by Councilman Buckley to waive further reading and adopt Urgency Ordinance No. 1249, eliminating and amending certain time limits with respect to the Redevelopment Plans for the Lake Elsinore Rancho Laguna Redevelopment Project Areas No. I, II, and III. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 8 PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: (1) Farmer's Market, Thursday, March 16th, from 10:00 a.m. to 4:00 p.m. on Main Street and Peck. (2) Senior's day Trip to San Manuel Indian Bingo & Casino, March 19th from 10:00 a.m. to 6:00 p.m. For further information contact the Senior Center at 674-2526. (3) St. Paddy's Day Celebration, March 17th at Century 21 Premier Real Estate Office, 2505 E. Lakeshore Drive from 5-7:00 p.m. (4) EDC Luncheon, March 20th at the Diamond Club, 500 Diamond Drive, from 11:30 a.m. to 1:00 p.m. (5) Children's Fair/Egg Hunt at McVicker Canyon Park on March 22~d from 10:00 a.m. to 1:00 p.m. For more information call 245-0442. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS Not present. CITY COUNCIL COMMENTS Councilman Schiffner commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: (1) Stated the opening at the Links at Summerly was a wonderful event. She invited everyone to go out to the new golf course. (2) Wished everyone a Happy St. Patrick's Day. Councilman Magee commented on the following: (1) Trauma Intervention Program of Southwest Riverside County will be holding their 3~d Annual Golf Tournament on March 21St at the Links at Summerly. For information please call (951) 678-4509. (2) Announced the Arrivederci Roma restaurant is now open for business on Riverside Drive with a ribbon cutting event on Wednesday, March 12th at 4:0 9 .-. p.m. and welcomed them back to the community. (3) Wished everyone a Happy St. Patrick's Day. Councilman Buckley commented on the following: (1) Announced next Monday, March 17th at 4:30 p.m. at the old Murrieta City Hall on Beckman, the JPA whose is building the new animal shelter, will be holding a meeting. (2) Wished everyone a Happy St. Patrick's Day. Mayor Hickman commented on the following: (1) Thanked Ken Seumalo for helping out the Matthews. (2) Announced the City's Sister City Tahiti need families to house the kids later this summer. If you are interested call Leslie at (949) 742 0292. (3) Thanked the Elsinore Valley Youth Court, Shawn Slater and Tim Hodges and all those who did an excellent job on the tree planting program. (4) Wished everyone a Happy Easter. (5) Children's Fair/Egg Hunt at McVicker Canyon Park on March 22~d from 10:00 a.m. to 1:00 p.m. For more information call 245-0442. (6) Wished everyone a Happy St. Patrick's Day. Mayor Hickman adjourned the meeting at 7:36 p.m. ~~ D HICKMAN, MAYOR CITY OF LAKE ELSINORE AT EST: ~,~-- VIVIAN M. MUNSON CITY CLERK 10 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 25, 2008 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p.m. CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1 a) Pubic Employee Performance Evaluation (Pursuant to Gov't Code §54957): City Attorney (1 b) Conference With Legal Counsel--Anticipated Litigation - Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases The Regular City Council meeting was recessed into Closed Session at 5:30 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE Mayor Hickman led the audience in the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY (Arrived at 7:06 p.m.) COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE - Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Director of Lake and Aquatic Resources Kilroy, Director of Public Works Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Chief of Police Fetherolf, Director of Community Development Preisendanz, Planning Manager Weiner, Redevelopment Manager McCarty, City Treasurer Weber and City Clerk Munson. PRESENTATION/CEREMONIALS (2) Mayor Hickman presented a proclamation to Sonja Wilson. (3) Mayor Hickman presented Certificates of Appreciation to the following members in the United States Armed Forces: Private First Class Steven S. Barker, United States Army; First Class Petty Officer Mathew W. Lochowicz and Second Class Petty Officer Thomas J. Lochowicz, United States Navy; and Specialist Ryan Rushton, United States Army. (4) Glen Daigle, representative from the Lake Elsinore Chamber of Commerce provided an update on Chamber activities. (5) Mayor Hickman presented Certificates of Recognition to various individuals and businesses in acknowledgement of assisting with the Great Clean Air Tree -- Planting Project completed on March 8, 2008. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss a Pubic Employee Performance Evaluation (Pursuant to Gov't Code §54957): City Attorney and significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases. The City Attorney indicated that there was no reportable action. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE Linda Howard, Faith Baptist Church, announced Sunday, March 30th from 9:30 to11:00 a.m., members will be honoring community servants and invited the City Councilmembers attend and be introduced. Bruce McMeans, EVAN, announced April 2~d is the 10th Annual Poetry Contest in the Cultural Center at 7:00 p.m.; announced Art Walks on Main Street on Saturday, April 5th; and announced a fund raiser on April 12th to raise funds for the Concerts in the Park. He stated area restaurants will be giving samples of their foods, their will be wine and art and silent auction as well. 2 Barbara Anderson, resident, announced the NAACP Branch 1034 Annual Scholarship Banquet will be held Saturday, April 12th from 11:30 a.m. to 2:00 p.m. at Lakeside High School. Mike Matthews, resident, thanked the City Council and City staff for all their help with all of the issues they have been facing on Allen Street and requested a status report. Public Works Director/City Engineer responded the project is headed for an April 1 S' start date; however, an agreement issue between the Shopoff and Fairfield Group needed to be worked out. He indicated minor edits were made which will turn it around quickly to make the April 1St deadline. Chris Hyland, resident, expressed her concerns about trucks driving through her tract and prohibiting drive through traffic on her street. She requested City Council place a sign to prevent this problem. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 6 THROUGH 16 The following items were listed on the Consent Calendar for Council approval: (6) Minutes of the Following Meeting(s) a) Joint City Council/Redevelopment Agency Study Session -March 11, 2008. b) Regular Meeting -March 11, 2008. Recommendation: Approve as submitted. (7) Warrant List Dated March 13. 2008 Recommendation: Authorize payment of Warrant List dated March 13, 2008. (8) Investment Report - February 2008 Recommendation: Receive and file. (9) Claims Against the City Recommendation: Reject the claims listed and direct the City Clerk's Office to send a letter informing the claimants of the decision. (10) Amendment to the Agreement with Riverside County to Provide Road Maintenance on Portions of Hostettler Road Recommendation: Approve the amendment to the Road Maintenance Agreement between the City of Lake Elsinore and Riverside County and authorize the Mayor 3 to execute the Agreement in such final form as approved by the Director of Public Works and the City Attorney. (11) Walnut and Fraser Drives Improvements -Contract Award Recommendations: a) Award the Walnut and Fraser Drives Rehabilitation and Drainage Improvements to Hardy & Harper, Inc. for the amount of $138,000. b) Authorize the Mayor to execute the contract with Hardy & Harper, Inc. c) Authorize the transfer of the remaining $51,800 to Accounts No. 110- Gas Tax and transfer $133,200 to Fund No. 112-Measure A. (12) Consultant Contract Award for Dexter Avenue Recommendation: Award the consultant contract to Harris & Associates for $64,943 for the preparation of Plans and Specifications for Dexter Avenue. (13) I-15 Railroad Cannon Road and I-15/SR-74 Interchange Update Recommendation: Receive and file. (14) Status of the General Plan Update and Environmental Impact Report Recommendation: Receive and file. (15) Surveillance System Camera Policy Recommendation: Adopt the Surveillance System Camera Policy within the City's Personnel Rules and Regulations. (16) Renewal of Animal Control Agreement Animal Friends of The Valle Recommendation: The City Council approve the agreement for Animal Control Services with Animal Friends of the Valleys and direct the Mayor to execute the agreement. It was moved by Mayor Pro Tem Kelley, and seconded by Councilmember Schiffner to approve the Consent Calendar Items No. 6 through 16. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER 4 NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS (17) COUNCIL APPROVES RESOLUTION NOS. 2008-41 AND 2008-42 RELATED TO INDUSTRIAL DESIGN REVIEW NO. 2007-01 - BRODY INDUSTRIAL Mayor Hickman opened the public hearing at 7:46 p.m. Community Development Director Preisendanz presented the staff report. He indicated this was a request for approval of a 46,982 sq.ft. warehouse/concrete tilt up industrial building on a 3.03 acre parcel of land located adjacent to Corydon Road. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. There being none, Mayor Hickman closed the public hearing at 7:48 p.m. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and adopt Resolution No. 2008-41, adopting findings of consistency with the Western Riverside Multiple Species Habitat Conservation Plan. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and adopt Resolution No. 2008-42, approving Industrial °- Design Review No. 2007-01. 5 The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCILMAN BUCKLEY LEFT THE COUNCIL CHAMBERS AT 7:50 P.M. BUSINESS ITEMS (18) COUNCIL INTRODUCES ORDINANCE NO. 1250• AMENDING SECTION 9.69.120 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING BOAT SPEED LIMITS AND AUTHORIZES THE BUDGET ADJUSTMENT AND THE CIP PROJECT IN FUND 105 IN AN AMOUNT NOT TO EXCEED $17,100 FOR THE COSTS RELATED TO THE IMPLEMENTATION Lake & Aquatic Resources Director Kilroy presented the staff report. He highlighted the significant impacts of the ordinance and the costs related to the implementation of the ordinance. It was moved by Councilman Magee, and seconded by Councilman Schiffner to waive further reading and introduce Ordinance No. 1250 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CLAIFORNIA, AMENDING SECTION 9.96.120 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SPEED LIMITS WITHIN THE DESIGNATED HIGH SPEED ZONE The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMAN BUCKLEY 6 -- ABSTAIN: NONE It was moved by Councilman Magee, and seconded by Councilman Schiffner to authorize the budget adjustment and the CIP project in Fund 105 in an amount not to exceed $17,100 for the costs related to the implementation of the ordinance. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE (10) COUNCIL DENIES AMENDMENT NO. 1 TO RESIDENTIAL DESIGN REVIEW 2005-24 AND DIRECTS STAFF TO NOTIFY THE APPLICANT TO APPLY FOR -° AN EXTENSION FOR "TRIESTE" BY MBK HOMES (TTM 34231) COUNCILMAN BUCKLEY RETURNED TO THE COUNCIL CHAMBERS AT 7:54 P.M. Community Development Director Preisendanz presented the staff report. He noted the Planning Commission's recommendations, with a vote 4-1, to deny Amendment No. 1. He stated this residential design review will be extended out to August where an ordinance will be brought before the Planning Commission on May 6cn f°r the extension of time. Brian Phelps, MBK, thank everyone for allowing him to express their side of the issue. Councilman Buckley requested the applicant place sconces on the walls. Councilman Magee stated he had an issue with the use, not the design of the project. It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Kelley to deny Amendment No. 1 to Residential Design Review 2005-24, to include notifying the applicant to apply for the extension. 7 The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN SCHIFFNER NOES: MAYOR HICKMAN ABSENT: NONE ABSTAIN: COUNCILMAN MAGEE (20) COUNCIL ADOPTS RESOLUTION NO. 2008-43; APPROVING ATHREE- YEAR EXTENSION OF TIME TO DECEMBER 13, 2010, FOR VESTING TENTATIVE TRACT MAP NO. 34017, WITH REGARD TO THE PUBLIC WORKS CONDITIONS CHANGES, ACKNOWLEDGE THOSE AS APPROVED BY THE CITY ENGINEER; AND WITH REGARD TO CONDITION NO. 27 ALLOW FOR ALL THREE OPTIONS TO ALLOW THE DEVELOPER TO EXERCISE ANYONE OF THE THREE Community Development Director Preisendanz presented the staff report. He indicated the applicant requested a three year extension of time. He also noted ~'- there was a concession on a Condition of Approval after the applicant spoke with the with Director of Public Works regarding road improvements. Leonard Leichnitz, Lumos Communities, requested three changes to the amended Conditions of Approval - 1) extending the map for three years instead of two; 2) Eliminating Condition Nos. 46 and 87 because after speaking with the Public Works Director, this project is not located within a drainage fee district; and finally 3) Expressed his concerns with Condition No. 27 and recommended wording changes. It was moved by Councilman Magee, and seconded by Councilman Schiffner to waive further and adopt a resolution approving athree-year extension of time to December 13, 2010, for Vesting Tentative Tract Map No. 34017, with regard to the Public Works Conditions changes, acknowledge those as approved by the City Engineer; and with regard to Condition No. 27 allow for all three options to allow the developer to exercise anyone of the three. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER 8 NOES: NONE ABSENT: NONE ABSTAIN: COUNCILMAN BUCKLEY (21) COUNCIL APPROVES RESOLUTION NOS. 2008-44 AND 2008-45 RELATED TO INDUSTRIAL DESIGN REVIEW NO. 2007-02 FOR THE DESIGN AND CONSTRUCTION OF AN INDUSTRIAL COMPLEX CONSISTING OF NINE BUILDINGS AND ASSOCIATED IMPROVEMENTS Community Development Director Preisendanz presented the staff report. He stated the Planning Commission unanimously recommended City Council approval of Industrial Design Review No. 2007-02. He indicated staff can require additional landscaping pursuant to the landscape plan as they come in for construction. It was moved by Councilman Magee, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Resolution No. 2008-44 adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Magee, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Resolution No. 2008-45 approving Industrial Design Review No. 2007-02. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE 9 COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (22) COUNCIL INTRODUCED ORDINANCE NO. 1251; AMENDING LAKE ELSINORE MUNICIPAL CODE SECTION 5.28.270 ESTABLISHING NO-LIMIT WAGERING IN CARDROOMS City Manager Brady presented the staff report. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Buckley to waive further reading introduce Ordinance No. 1251 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 5.28.270 OF THE LAKE ELSINORE MUNICIPAL CODE TO ESTABLISH NO-LIMIT WAGERING IN CARDROOMS The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (23) COUNCIL INTRODUCES ORDINANCE NO. 1252• ADDING CHAPTER 8.60 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING ABANDONED PROPERTY REGISTRATION TO INCLUDE AMENDMENTS MADE BY THE CITY ATTORNEY AND MAYOR PRO TEM KELLEY Community Development Director Preisendanz presented the staff report. He indicated this program is intended as a comprehensive approach to address what occurs when properties are abandoned and to into foreclosure. 10 - Mayor Pro Tem Kelley stated she would like the wording "boarding up' be taken out of the ordinance. City Attorney Leibold also indicated there were some additional corrections and recommendations with respect to the ordinance the City Attorney's Office would like to City Council to review and approve upon second reading of the ordinance. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Magee to waive further reading and introduce Ordinance No. 1252 to include the amendments made by the City Attorney's Office and Mayor Pro Tem Kelley as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 8.60 REGARDING ABANDONED RESIDENTIAL PROPERTY REGISTRATION The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC COMMENTS There were no comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: (1) Mayor's Prayer Breakfast, March 27th at 7:30 a.m. at Lakeside High School for more information, call (951) 674-3124. (2) The Lake Elsinore Valley Chamber of Commerce for their monthly Business Mixer, March 27th at 5:30 - 7:30 p.m. at the Storm Stadium Diamond Club. 11 (3) Farmer's Market, Thursday, March 30th, from 12 - 4:00 p.m. on the corner of Main Street and Peck. (4) Lake Elsinore Chamber Golf Tournament, April 11th, at the Links at Summerly Golf Course. (5) Lake Season Opening Day, April 12th, where the City kicks off the 2008 season. The City will sponsor "free" lake use on this day. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. Councilmember Magee commented on the following: (1) Thanked everyone who donated and participated in Trauma Intervention Program's Golf Tournament. (2) Announced the Animal Friends of the Valley will be holding their golf tournament. (3) Thanked C.J. Stewart, Carole Feeney and the Black Sheep Ministries for the Easter Day observance they held at the Lake Elsinore Motocross Park. (4) Complimented the Lake Elsinore Chamber of Commerce on their new web site. He stated it is truly exceptional web site and welcomed everyone to www.lakeelsinorechamber.com. (5) Requested the City Manager review for compliance the Ulla Lane Development with respect to their construction traffic conditions of approval that Ms. Hyland addressed earlier. (6) Requested, with res~ect to the Ridgestone Apartments that border Allen Street, that at the April 22" City Council meeting, that Council consider and review all -' aspects of their project for compliance with their conditions of approval. 12 Councilmember Buckley commented on the following: (1) Stated he played in the Golf Tournament, had a fun time for a great cause. Mayor Pro Tem Kelley commented on the following: No comments. Mayor Hickman commented on the following: (1) Thanked the Parks & Recreation Department for their work on the Egg Hunt and Children's Fair. (2) .Announced he had extra tickets for the Mayor's Breakfast and to please call him if interested in attending. Mayor Hickman adjourned the meeting at 9:15 p.m. L HICKMAN, MAYOR CITY OF LAKE ELSINORE A EST: IVIAN M.MUNSON CITY CLERK 13 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 8, 2008 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p.m. CLOSED SESSION Assistant City Attorney Mann indicated the following item was to be discussed during Closed Session: (1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 379-204-016 City Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore, Albert Saldivar, and Robert Legorreta Under negotiation: Price and terms of payment The Regular City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE Peter Dawson led the audience in the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: COUNCILMAN BUCKLEY (Arrived at 7:01 p.m.) 1 ._ Also present were City Manager Brady, Assistant City Attorney Mann, Administrative Services Director Pressey, Director of Lake and Aquatic Resources Kilroy, Director of Public Works Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Chief of Police Fetherolf, Fire Chief Hendershot, Planning Manager Weiner, Building Division Manager Chipman and City Clerk Munson. PRESENTATION/CEREMONIALS (2) Mayor Hickman presented a proclamation to Henry vander Laan and also read a poem Mr. vander Laan wrote. Mr. vander Laan thanked everyone and indicated he was honored to receive the proclamation. (3) Mayor Hickman presented a Certificates of Recognition to Lorrie Gibbon who volunteered at the Children's Fair and Egg Hunt. (4) Mayor Hickman presented a proclamation to Eagle Scout Garrett Highland. (5) Lake & Aquatic Resources Director Kilroy, Sergeant Yates and Peter Dawson, representing U.S. Coast Guard Artillery, made a presentation to the public for Opening Day of the Lake. CLOSED SESSION REPORT Assistant City Attorney Mann reported on discussions undertaken during Closed Session. No reportable action was taken. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE Theresa Prijetel, Lemsar, announced the passing of Donna Staples who, along with her husband, who founded Lake Elsinore Marine Search and Rescue and will be missed. Donna Francon, resident, invited all to visit the new web site for the Princess Foundation, anon-profit organization at www.lakeelsinoreprincessfoundation.org. Lorraine Watts, NAACP, announced on Saturday, April 12th, 11:30 - 2:00 p.m., the NAACP will be holding their Annual Scholarship luncheon at Lakeside High School. Pete Dawson, resident, addressed the problem of Quagga Mussels and discussed how the mussels could affect the lake, the water pipes, pumps, the aeration and the fan system. He stated he hoped the City Council takes this problem seriously. 2 - Chris Hyland, resident, expressed her concerns with Ulla Lane not being dedicated as a public street. She indicated Tiller Avenue was to be used as the route for construction trucks to use to access their project. She requested a copy of permits given for building bridges built on Ulla Lane. Mike Matthews, resident, expressed his concern with the lack of construction being done on Allen Street to address the water runoff problem. Public Works/City Engineer Seumalo responded there have been two drainage issues; the drainage issue going down Allan Street and in the back. He indicated he spoke with Fairfield this morning who stated they were working on the grading for the signal at Chris Circle which is a condition of their project. He noted CalTrans insisted that the leg of the intersection be constructed. He indicated his conversation with Fairfield was to have the grading at Chris Circle completed and to shift grading operations from there to Fairfield. He also noted one of the conditions that was pending for the construction of the drain was an easement between Shopoff and Fairfield which has been resolved and the construction is free to go with no encumbrance because of the easement and expect construction to begin in a couple of weeks. Councilman Magee inquired if his request will be addressed at the April 22"d City Council meeting. He also noted one of the items he would propose is not to issue any more Certificates of Occupancy until Fairfield is 100% in compliance with everything, including this grading problem. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 6 THROUGH 10 AND ITEM NO. 12 ,EXCLUSIVE OF CONSENT CALENDAR ITEM NO. 11 The following items were listed on the Consent Calendar for Council approval: (6) Minutes of the Following Meeting(s) a) Joint City Council/Redevelopment Agency Study Session -March 25, 2008. b) Regular Meeting -March 25, 2008. Recommendation: Approve as submitted. (7) Warrant List Dated March 31, 2008 Recommendation: Authorize payment of Warrant List dated March 31, 2008. (8) Waiver to Allow Alcohol to be Served During the Frontier Days Event Recommendation: Approve request from the Chamber of Commerce for waiver _ of Lake Elsinore Municipal Code Sections 8.40.040(A) and 9.28.030 and to allow alcohol to be served during the Frontier Days event. 3 (9) Approval of DMA Monthly Car Shows Recommendation: Approve Downtown Merchants Association to host a monthly car show which entails street closures and traffic detours. (10) Network Password Policy Recommendation: Adopt the Password Policy for inclusion in the City's Personnel Rules and Regulations. (11) Proposal to Change Contractor for Processing of Parking and Administrative Citations Recommendation: The City Council waive the informal bid process and authorize the City Manager to initiate a Professional Services Contract with Data Ticket/Revenue Experts as a sole source provider. (12) First Amendment To Amended And Restated Agreement For Legal Services Recommendation: That the City Council approve the First Amendment to Amended and Restated Agreement for Legal Services and authorize the Mayor to execute the same. Councilman Magee pulled Consent Calendar Item No. 11. Richard Carpenter, Downtown Merchants Association, thanked the City Council for their support and announced the Car Show will begin April 26th and run through the end of November. He stated they have hired a new DJ who will also be in charge of marketing. It was moved by Councilman Magee, and seconded by Mayor Pro Tem Kelley to approve the Consent Calendar Items No. 6 through 10 and Item No. 12, exclusive of Item No. 11. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 4 (11) COUNCIL APPROVES CONTRACTOR FOR PROCESSING OF PARKING AND ADMINISTRATIVE CITATIONS AND ADDS FOUR ADDITIONAL DEVICES AT A NEW TOTAL COST OF $25,155 It was moved by Councilman Magee, and seconded by Councilman Schiffner to waive the informal bid process and authorize the City Manager to initiate a Professional Services Contract with Data Ticket/Revenue Experts as a sole source provider and add four additional devices at a new total cost of $25,155. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS (13) COUNCIL OPENED PUBLIC HEARING TO CONSIDER OBJECTIONS TO CITY'S WEED ABATEMENT PROGRAM, THERE BEING NONE, COUNCIL CLOSED PUBLIC HEARING Mayor Hickman opened the public hearing at 7:47 p.m. Public Works Director/City Engineer presented the staff report. He indicated on May 1St, the City will begin abatement of private property at a cost of $306 per lot plus .02 cents per square foot. He indicated staff is recommending opening the public hearing and considering objections to this program. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. There being none, Mayor Hickman closed the public hearing at 7:48 p.m. BUSINESS ITEMS (14) COUNCIL ADOPTS ORDINANCE NO. 1250. AMENDING SECTION 9.96.120 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SPEED LIMITS WITHIN THE DESIGNATED HIGH SPEED ZONE 5 It was motioned by Mayor Pro Tem Kelley, and seconded by Councilman Buckley to waive further reading and adopt Ordinance No. 1250, as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 9.96.120 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SPEED LIMITS WITHIN THE DESIGNATED HIGH SPEED ZONE The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (15) COUNCIL ADOPTS ORDINANCE NO. 1251, AMENDING SECTION 5.28.270 OF THE LAKE ELSINORE MUNICIPAL CODE TO ESTABLISH NO-LIMIT WAGERING IN CARDROOMS It was motioned by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and adopt Ordinance No. 1251, as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 5.28.270 OF THE LAKE ELSINORE MUNICIPAL CODE TO ESTABLISH NO-LIMIT WAGERING IN CARDROOMS The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE 6 ABSENT: NONE ABSTAIN: NONE (16) COUNCIL ADOPTS ORDINANCE NO. 1252, ADDING SECTION 8.60 REGARDING ABANDONED RESIDENTIAL PROPERTY REGISTRATION It was motioned by Mayor Pro Tem Kelley, and seconded by Councilman Buckley to waive further reading and adopt Ordinance No. 1252, as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ADDING SECTION 8.60 REGARDING ABANDONED RESIDENTIAL PROPERTY REGISTRATION The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC COMMENTS No public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: (1) Announced the Lake Elsinore Chamber of Commerce will be holding a Golf Tournament at the Links at Summerly on April 11th, reservations are required, please call 245-8848. (2) Announced the Farmer's Market, Thursday, April 13th, from 12 - 4:00 p.m. on the corner of Main Street and Peck. 7 ._ (3) Announced the Economic Development Corporation (EDC) will hold a luncheon on April 17th at the Diamond Club from 11:30 - 1:30 p.m. For more information call 245-8848. (4) Announced the Unity in the Community - 5K RunNValk will be on April 19th at the beautiful Lake Elsinore/Stadium course along the lake. Proceeds from this event will be donated to local charities. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS Not present. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: (1) Thanked everyone for coming and/or listening to the meeting. Councilmember Magee commented on the following: (1) Recognized the passing of Donna Staples and requested the Mayor adjourn the meeting in her honor. Councilmember Buckley commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: No comments. Mayor Hickman commented on the following: (1) Announced the City's Sister City Tahiti need families to house the kids later this summer. If interested call Leslie at (949) 742-0292. (2) Announced on Saturday, April 12th, 11:30 - 2:00 p.m., the NAACP will be holding their Annual Scholarship luncheon at Lakeside High School. (3) Announced the Farmer's Market, Thursday, April 13th, from 12 - 4:00 p.m. on the corner of Main Street and Peck. 8 Mayor Hickman adjourned the meeting in honor of Donna Staples at 7:55 p.m. ~~ ------~ G --- DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE AT ST: ~~,-- IVIAN M.MUNSON CITY CLERK 9 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 17, 2008 CALL TO ORDER - 5:00 P.M. The City Council Study Session was called to order by Mayor Hickman at 5:05 p.m ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER ABSENT: COUNCILMEMBER BUCKLEY (arrived at 5:10 p.m.) Also present were City Manager Brady, Administrative Services Director Pressey, City Treasurer Weber, Public Works Director/City Engineer Seumalo, Community Development Director Preisendanz, Parks & Recreation Director Gonzales, Fire Chief Hendershot, Lake & Aquatic .Resources Director Kilroy, Finance Manager Riley, Planning Manager Weiner, Building Division Manager Chipman and City Clerk Munson. PLEDGE OF ALLEGIANCE Public Works Director/City Engineer Seumalo led the audience in the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer. PUBLIC COMMENTS - 3 MINUTES There were no public comments. DISCUSSION ITEM A. COUNCIL CONSIDERS AND REVIEWS THE CAPITAL IMPROVEMENT BUDGET FOR 2008/2009 TO 2012/2013 - City Manager Brady stated Public Works Director/City Engineer along with Administrative Services Director Pressey would presenting and reviewing for the City Council the 2008/2009 and 2012/2013 Five-Year Capital Improvement Budget. Public Works Director/City Engineer Seumalo provided a PowerPoint presentation and reviewed and provided the status of the Capital Improvements Projects. He listed the 2007/08 following projects as completed: Lake and Aquatic Resources Project: Elm Grove Beach Rehabilitation -Phase I Parks and Recreation Projects: o Park and Trails Master Plan o City Park Play Equipment Replacement o Construction of Park Security Gates o Lakepoint Park Play Equipment Replacement o Tuscany Hills Park Play Equipment Replacement Street Improvement Capital Projects: o Franklin Street Overlay o Sidewalk Construction in various locations o Roadway Construction-Sunswept Drive o Pine Street Realignment and paving o Malaga Road Median Modification - General Plan Capital Projects: o IT Renovations/Server Racks o Document Management System o Digital Surveillance Pilot Project (anti-graffiti) o Storage Area Network Upgrade • Drainage Improvement Capital Projects; 0 3~d Street Interim Drainage Improvement • Project to be completed by end of Fiscal Year: o Railroad Canyon Road Slope Repair o City Park Play Equipment Replacement Public Works Director/City Engineer Seumalo stated for the 2008/2013 Capital Budget because of the economic atmosphere, staff is proposing to delay most, if not all of the General Fund funded projects. He stated this coming year, staff is going to focus on being creative with the grant funding. He indicated staff is trying as much as possible to leverage the money the City utilizes in with grant funding that is available what will be the theme for this coming year. Councilman Magee stated the budget documents get better every year, however, he suggested for next year, on pages 2 and 3 when listing the projects, have a column on the far right or left that would cross reference what page that project is listed on which would be more helpful. Councilman Magee inquired when the Wetlands & Riparian Enhancement Project would be completed. 2 - Lake and Aquatic Resources Director Kilroy responded it is currently on hold. He stated the California Department of Fish and Game has a conservation easement over the 356 acres back basin wetlands where the City would like to place these wetland enhancement ponds and have expressed concerns about the approach which will have to be worked through. Councilman Magee thanked staff for including the Serenity Park restroom. Councilman Magee inquired under the Pavement Management Program if the money comes from the General Fund. Public Works Director/City Engineer Seumalo responded the monies come from Prop. A and noted initially the project was $1 Million and staff was directed by Council to break off $200,000 to do the dirt streets. Councilman Magee stated he was happy to see the reconstruction of Dexter Avenue and indicated it really needs to be completed by October. Councilman Magee inquired when the design and construction of the roadway widening on State Route 74 was going to start. Public Works Director/City Engineer Seumalo responded the earliest will be when the -' City applies for additional Measure A Call for Project money which is anticipated to go to RTCT in May. He indicted the soonest the City could start would be in June of July of this year. He also indicated staff was still waiting to hear from CalTrans regarding the tight diamond change on the partial clover which is affecting the delay of this project. Councilman Magee expressed his concerns regarding future allocation of monies for completion of the General Plan. Community Development Director Preisendanz responded $725,008 is the entire contract amount that was budgeted and the total amount that has been invoiced has been $643,000, with $181,000 which will be held until completion. Councilman Magee asked for confirmation that the Rosetta Canyon Fire Station & Park will be completed by July of 2009. Administrative Services Director Pressey responded the architect has indicated 12-15 months would be the latest which is in September 2009. Councilman Magee requested a status of the web site replacement project. IT Supervisor Soto responded staff is feverishly trying to establish all components of the web site and it appears mid-July is when the new web site will be up and going and on budget. 3 - Councilman Magee questioned the $30,000 allocated for purchase of motorcycles. He indicated four have been purchased and Council did not authorize any further purchases. He inquired if the $30,000 can be returned. Administrative Services Director Pressey indicated the Chief of Police agreed not to utilize the $30,000. Councilman Magee inquired what will be done with the $17,000 in the "Capital for the Community Development Department." Community Development Director Preisendanz indicated the $17,000 is for the electronic citation devices for the Building Department. Councilman Magee inquired about the funds allocated for the Graffiti Tracking and Surveillance which he indicated is one of the issues the public has expressed a great concern along with police response time and traffic. Administrative Services Director Pressey responded staff has identified police related grant money to fund this program and not use General Fund monies which will be made a priority. Councilman Magee inquired about the removal of silt-build up from the storm run-off from the inlet channel and questioned the cost. Lake and Aquatic Resources Director Kilroy responded the cost was provided by Noble Consultants regarding dredging off the boat launch. He indicated there may be a lower cost approach and indicated he would look into this. Councilman Magee inquired about the $1 million allocated to the City Park expansion. Parks and Recreation Director Gonzales responded it was for the expansion of the park and parking lot. Councilman Magee stated he thought the Grand Avenue Overlay project was already awarded. Public Works Director/City Engineer Seumalo responded this project has not been awarded and will be before the City Council at their next meeting and the funding of $750,000 will come from TIFF. He also indicated staff has identified a grant for additional funding. Mayor Pro Tem Kelley inquired what was left to do on the Railroad Canyon slope repair. Public Works Director/City Engineer Seumalo responded the pinning of the larger material is what is left to do. 4 - Mayor Pro Tem Kelley indicated the School District is anticipating construction of the Terra Cotta Middle School Gym in June or July. She expressed her concerns with the allocation spread on the monies. City Manager Brady responded the City has been working with the School District and have agreed to the costs and schedule. He stated the City will pay as needed. Mayor Pro Tem Kelley inquired about the Emergency Operations Center detail. Public Works Director/City Engineer Seumalo responded the money will be utilized for the improvements to the EOC Center at the Sheriff's Department and indicated he will provide more detail. Councilman Schiffner inquired if there were any plans to improve Railroad Canyon between the freeway and Auto Center Drive. Public Works Director/City Engineer Seumalo responded he was not certain if it is identified in the unfunded projects. He indicated if it was not, it can be placed in the budget, and if funding is found and it will be a priority. Mayor Hickman inquired will the City be able to make two right turn lanes to go north on the freeway off of Railroad Canyon. Public Works Director/City Engineer Seumalo responded the City Traffic Engineer suggested passing along the complaints to CalTrans about this problem area. He stated CalTrans yielded and contacted staff and everyone is working together to get a design completed for that dual right turn to be submitted to CalTrans. Councilman Buckley inquired about the land acquisition program. Administrative Services Director Pressey responded what is being proposed is to unfund it and if something should come up and is a really good deal around the lake edge, the City would consider the purchase on a case-by-case basis. Councilman Buckley inquired about funding for the approaches at Lakeshore at Four Corners, specifically the rights and the lefts have deteriorated. Public Works Director/City Engineer Seumalo responded staff will move forward with an extensive patching program with the available funding. Councilman Buckley requested funding for the "Click2Gov" service be placed back into the budget. Councilman Buckley inquired about the landscaping and irrigation in the medians along Collier Avenue adjacent to the outlet mall. Mayor Magee responded the project is listed under "Unfunded" projects and is a water and maintenance high cost item. 5 City Treasurer Weber expressed his concerns regarding the Railroad Canyon Interchange. Councilman Magee responded the City is requesting $8 million for the interchange from the Federal Government and $25 Million has been set aside as part of the TUMF and Measure A Program. He also stated the City is waiting for a permit from CalTrans, so the hold up is CalTrans. It was moved and seconded to adjourn to a regular meeting on January 22, 2008, at 5:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE Mayor Hickman adjourned the meeting at 5:57 p.m. ~ ,~ w_~' ~. ~~ ~ `.: [ARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE THOMA`~ BUCKLEY, AIRMAN REDEVELOPMEN AGENCY AT VIVIAN MUNSON, CITY CLERK CITY OF LAKE ELSINORE 6 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 22, 2008 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p.m. CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1 a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case (1 b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 377-231-028 City Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore, Estelle Muniz, Verl Nelson, and James Nelson Under negotiation: Price and terms of payment The Regular City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE Shaun Richardson and Boy Scout Troop 332 led the audience in the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer 1 ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE Also present were City Manager Brady, Assistant City Attorney Leibold, Administrative Services Director Pressey, Director of Lake and Aquatic Resources Kilroy, Director of Public Works Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Community Development Director Preisendanz, Fire Chief Hendershot, Planning Manager Weiner, Building Division Manager Chipman and City Clerk Munson. PRESENTATION/CEREMONIALS (2) Mayor Hickman presented a proclamation to Russ Howard in recognition of Motorcycle Awareness Month. (3) Mayor Hickman presented a proclamation to Jayne Stanyon and Roland Sandoval in recognition of Donate Life California Month. (4) Mayor Hickman presented a proclamation to John Mollway & Helen Robinson in recognition of April being Autism Month. (5) Mayor Hickman presented a proclamation in recognition of Earth Day and with the assistance of Dolores Badillo from CR & R recognized students from the Lake Elsinore Unified School District who developed their own recycling programs. Students from Elsinore High School were as follows: Edward Davis, Shaun Richardson, Dillon Ledbetter, Gerado "Jerry" Rojas, Haaris Chaundhry, Carlos, Olvera and Marcus Atkins; and from Cottonwood Canyon Elementary -- Jared Chavez, Elijah Davis and K2 Klarich. (6) Mayor Hickman presented a plaque to Adam Jadovitz, owner of A & M Automotive, Inc. for being the recipient of the Winter 2008 Business of the Quarter. Mayor Hickman presented a Certificate of Appreciation to Bob and Mona Davies, Community Outreach, for their work in the community. (7) Nancy Hunzuker, 1St Vice-Chair for the Chamber of Commerce, provided an update on Chamber activities. 2 CLOSED SESSION REPORT City Attorney Leibold reported on discussions undertaken during Closed Session. No reportable action was taken. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Mary Vunerable, Vice President of the Lake Elsinore Southwest Riverside County NAACP, announced a 90 Day of Hope Workshop, on Saturday, June 14t", from 9:00 a.m. to 2:00 p.m., which the NAACP with the City of Lake Elsinore are co-hosting. She stated the workshop is being designed to assist individuals in the community who are having mortgage payment problems or problems related to foreclosure action. Chris Hyland, resident, discussed the paving of Ulla Lane as indicated in City Council minutes in 1985 and Council actions that approved the acceptance of Ulla Lane as a public street, also indicated in minutes. She also discussed the bridges built on properties on Ulla Lane without permits and indicated she will do further investigating of the legalities of those bridges over the ditch base as possible flooding. She also discussed her issues with the truck and automobile traffic in her housing tract. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 8 THROUGH 14. EXCLUSIVE OF CONSENT CALENDAR ITME NO. 15 The following items were listed on the Consent Calendar for Council approval: (8) Minutes of the Following Meeting(s) a) Joint City Council/Redevelopment Agency Study Session -April 8, 2008. b) Regular Meeting -April 8, 2008. Recommendation: Approve as submitted. (9) Warrant List Dated April 15, 2008 Recommendation: Authorize payment of Warrant List dated April 15, 2008. (10) Investment Report -March 2008 Recommendation: Receive and file. (11) Authorization for City Manager to Enter into Contract with Environmental Science Associates (ESA) to Prepare CEQA Compliance Documents for the Project Known as "Greenwald Commercial Center" Recommendation: City Council authorize the City Manager to enter into a contract with ESA not to exceed $28,250. 3 (12) A Resolution Supporting the Integrated Regional Watershed Management Plan for the San Jacinto River Watershed Recommendation: Waive further reading and adopt Resolution No. 2008-46, supporting the San Jacinto Integrated Regional Watershed Management Plan. (13) Award Consultant Contract for Design of Grand Avenue Pavement Rehabilitation Recommendation: Award the consultant contract to the firm of MetroPointe Engineers for an amount not to exceed $54,914 for preparation of plans and specifications of Grand Avenue. (14) Approve Transfer of CDBG Funds Recommendation: Approve the transfer of CDBG Funds from Dangerous Structure Abatement and from City Park Play Equipment Replacement to the Curb, Gutter, Sidewalk Construction, and Replacement Program. (15) Status of the General Plan Update and Environmental Impact Report Recommendation: Receive and file. Mayor Hickman pulled Consent Calendar Item No. 15. It was moved by Councilman Magee, and seconded by Councilman Schiffner to approve the Consent Calendar Items No. 8 through 14, exclusive of Consent Calendar Item No.15. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (15) COUNCIL RECEIVES AND FILES CONSENT CALENDAR ITEM NO. 15 STATUS OF THE GENERAL PLAN UPDATE AND ENVIRONMENTAL "' IMPACT REPORT 4 Tim Flemming, resident, expressed his concerns with the many issues of the update of the General Plan. It was moved by Councilman Magee, and seconded by Councilman Schiffner to receive and file Consent Calendar Item No. 15 to include Mr. Flemings comments and refer them to the Planning Commission and encouraged Mr. Flemming to provide the Planning Commission with a list of the parcels that he believes are being down zoned. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS (16) COUNCIL ADOPTS RESOLUTION NO. 2008-47; APPROVING TENTATIVE PARCEL MAP 33163 Mayor Hickman opened the public hearing at 7:51 p.m. Community Development Director Preisendanz presented the staff report. He indicated the City Council approved Industrial Design Review No. 2005-03 which allowed construction of three industrial buildings. He indicated the applicant is now proposing to subdivide the property. Mayor Hickman closed the public hearing at 7:53 p.m. It was motioned by Councilman Buckley, and seconded by Councilman Schiffner to waive further reading and adopt Resolution No. 2008-47, approving Tentative Parcel Map No. 33163. The following vote resulted: AYES: MAYOR HICKMAN '- MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY 5 COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (17) COUNCIL INTRODUCES ORDINANCE NO. 1253: APPROVING ZONING ORDINANCE TEXT AMENDMENT NO. 2008-02; ADDING CHAPTER 17.26 "DENSITY BONUSES" TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE ESTABLISHMENT OF DENSITY BONUSES AND OTHER INCENTIVES LINKED TO AFFORDABLE HOUSING DEVELOPMENT CHILDCARE FACILITIES AND LAND DONATIONS Mayor Hickman opened the public hearing at 7:54 p.m. Community Development Director Preisendanz presented the staff report. He stated this text amendment would establish density bonuses and other incentives linked to eligible affordable senior housing development, childcare facilities, and land donations within the City of Lake Elsinore. Steve McCarty, Redevelopment Manager, address questions Councilman Buckley had regarding the ordinance. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. There being none, Mayor Hickman closed the public hearing at 7:57 p.m. It was motioned by Councilman Buckley, and seconded by Councilman Magee to waive further reading and introduce Ordinance No. 1253 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.26 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING DENSITY BONUSES The following Roll Call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE 6 COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE APPEAL(S) (18) COUNCIL DENIES THE APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY CONDITIONAL USE PERMIT 2006-17 AND MINOR DESIGN REVIEW FOR THE PROJECT KNOWN AS THE "TERRY THIELEN BOAT HOUSE Mayor Hickman opened the public hearing at 7:59 p.m. Terry Thielen spoke in favor of his appeal of Planning Commission's decision to deny his application on his application of a Conditional Use Permit related to his proposed boat house. He indicated originally he was going to use the structure as boat storage and has decided to use this structure as a business use including consignment in boat and jet skis. Councilman Magee indicated the City cannot issue a building permit for a structure that is inside the 100 year flood or issue a permit for an accessory structure that has no primary use. He indicated to Mr. Thielen that if the use has changed to a commercial operation, than that was a different application process; however, the structure is still in a 100 year flood plan and Mr. Thielen's needs to resolve the flood plan issue and therefore, cannot support Mr. Thielen's application. Mr. Thielen indicated the Lakeshore Overlay District says he can build above 1265 and inquired if the City has surveyed his pad. Councilman Magee responded his pad has been surveyed at 1259. Councilman Schiffner proposed to deny the permit and stand by the Planning Commission's decision. Mayor Hickman closed the public hearing at 8:09 p.m. It was motioned by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to deny the appeal of the Planning Commission's decision to deny Conditional Use Permit No. 2006-17 and the Minor Design Review and uphold the Planning Commission's decision to deny Conditional Use Permit No. 2006-17 7 and the Minor Design Review for the proposed "boat house" located at 17937 Lakeshore Drive. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMS (19) COUNCIL RECEIVES AND FILES STAFF REPORT ON RIDGESTONE APARTMENT PROJECT STATUS - Public Works Director/City Engineer Semaulo presented the staff report. He stated as of today, Ridgestone Apartments has occupancy for 288 units which is approximately 81 %. He stated currently the apartments are 41 % full with 145 units occupied. He noted construction of the traffic signal that was required has begun; however, the project was given a stop work notice by the Riverside County Code Enforcement because of violations related to their grading. He noted staff will be diligent in making sure they follow all conditions of approval and all regulations in the construction of the signal. He indicated with regard to the drainage problem on Allen Street, staff had determined there were two reasons for the drainage problems; one being the surface water run-off of the slope from the Fairfield Development related to the irrigation and the second cause was the diversion from the CalTrans re-alignment of State Route 74. Lisa Matthews, resident, stated the trenching activity has begun. She thanked the City employees, Planning & Engineering Departments and their efforts. She noted what her and her husband thought were inaccuracies in the staff report. Councilman Magee stated he continues to be disappointed by the Ridgestone Company and their disregard for the local residents and businesses as well as the City's codes and regulations. He stated they violated their conditions of their State issued encroachment permit last week and exceeded the limits of their grading, destroyed habitat, filled in natural drainage courses more than 500 ft. away from the intersection. He stated this is a flagrant violation of State, County 8 and Federal regulations and they need to be accountable for this. He urged residents to be a little more patient. It was motioned by Councilman Magee, and seconded by Mayor Pro Tem Kelley to receive and file report. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (20) COUNCIL ADOPTS RESOLUTION NO. 2008-48; ADOPTING FINDINGS THAT THE ENTITLEMENTS ARE CONSISTENT WITH THE MSHCP; AND ADOPTS - RESOLUTION NO. 2008-49; APPROVING RESIDENTIAL DESIGN REVIEW 2007-11 FOR THE DESIGN AND CONSTRUCTION OF AN EIGHT UNIT APARTMENT COMPLEX AND ASSOCIATED IMPROVEMENTS Community Development Director Preisendanz presented the staff report. He stated the project is located at 222 & 226 Conklin Avenue. He reported the Planning Commission unanimously recommended City Council adoption of Findings of Consistency with the MSHCP and approval of the Design Review to include changes noted in the Conditions of Approval. It was motioned by Councilman Buckley, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Resolution No. 2008-48, adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE 9 ABSENT: NONE ABSTAIN: NONE It was motioned by Councilman Buckley, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008-49, approving Residential Design Review No. 2007-11. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC COMMENTS There were no comments from the public. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) The Lake Elsinore Valley Chamber of Commerce Business Mixer will be held April 24tH at 5:30 - 7:30 p.m. at the Cultural Center; City hosted to celebrate the City's 120tH birthday. 2) Farmer's Market, Thursday, April 24tH, from 4-7:00 p.m. on Main Street and Peck. 3) Frontier Days Carnival, Friday, April 25tH, from 4-7:00 p.m., Saturday, April 26tH from 10:00 a.m. to 10:00 p.m. and Sunday, April 27tH, from 10:00 a.m. to 7:00 p.m. at Alberhill Ranch Park off of Lake Street with free admission. 4) Lake Elsinore Cruz Day Car Show, April 26tH, from 2-5:00 p.m. on Main Street. 5) The City of Lake Elsinore Parks & Recreation Trails and Master Plan meeting being held at the Cultural Center, May Stn, at 7:00 p.m. 10 6) 14tH Annual Regional Abate Rally, May 9, 10 & 11tH 7) Encouraged all residents to shop locally for their goods and services. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. Councilmember Magee commented on the following: 1) June 14tH Day of Hope for mortgage assistance. 2) Sunday, April 27tH, Animal Friends of the Valley will be holding a fund raiser from 4:30 to 7:30 p.m. at the Diamond Club. Councilmember Buckley commented on the following: 1) He stated during the discussion of the appeal he talked about 1265 outside of the protection of the levy and noted a correction that it was actually 1267. 2) Animal Shelter is finally making progress with bids going out in May and groundbreaking sometime in July. Mayor Pro Tem Kelley commented on the following: No comments. Mayor Hickman commented on the following: 1) Thanked everyone for coming and watching on T.V. 11 Mayor Hickman adjourned the meeting at 8:32 p.m. YL HI KMAN, MAYOR CITY OF LAKE ELSINORE AT EST. ,~-~.. VIVIAN M.MUNSON CITY CLERK 12 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 13, 2008 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1 a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: - 1 potential case (1 b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 377-231-028 City Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore, Estelle Muniz, Verl Nelson, and James Nelson Under negotiation: Price and terms of payment (1 c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 375-250-031 City Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore, Debbie Feeney, and Paul Feeney Under negotiation: Price and terms of payment City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. The Regular City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE The Elsinore High School Jr. ROTC led the audience in the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting 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, Administrative Services Director Pressey, Director of Lake and Aquatic Resources Kilroy, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Community Development Director Preisendanz, Fire Chief Hendershot, Planning Manager Weiner, Building Division Manager Chipman and City Clerk Munson. PRESENTATION/CEREMONIALS (2) Mayor Hickman presented a proclamation to Virginia Marshal in recognition of May being Mental Health Awareness Month. (3) Mayor Hickman presented a Certificate of Recognition to Gloria Simoni, Rick Munyon and Tamsin Robb in recognition for assistance in the Volunteers Income Tax Assistance Programs for seniors. Mayor Hickman read a plaque presented to him by the Riverside Transit Agency for the City's 120th anniversary. 2 CLOSED SESSION REPORT City Attorney Leibold reported on discussions undertaken during Closed Session. No reportable action was taken. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Sue Rebar, Director of Welcome Home Troops, invited the community to the Military Appreciation Day at the Storm on Thursday, May 24tH Donna Fancin, Lake Elsinore Citizens' Committee, announced Thursday, May 15th at Tuscany Hills Recreation Center at 7:00 p.m. Community Development Director Preisendanz will be making a presentation regarding the update of the City's General Plan. Pete Dawson, U.S. Coast Guard Auxiliary, announced in the last two months, they completed 191 vessel safety checks and only 86 passed inspection - 105 failed. He noted the good news was many of these individuals have called him to find out how they can pass inspection to obtain the decal. He also announced June 16th a new Coast Guard Boating Safety class will begin. For more information call (951) 202-1584. Janet Laiblin, South Coast Air .Quality Management District representative, introduced herself to the Council and asked to consider her a resource for any assistance. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 4 THROUGH 9, AND 11 THROUGH 14. EXCLUSIVE OF CONSENT CALENDAR ITEM NO. 10 The following items were listed on the Consent Calendar for Council approval: (4) Minutes of the Following Meeting(s) a) Joint City Council/Redevelopment Agency Study Session -April 22, 2008. b) Regular Meeting -April 22, 2008. Recommendation: Approve as submitted. (5) Warrant List Dated April 30, 2008 Recommendation: Authorize payment of Warrant List dated April 30, 2008. (6) Claim Against the City Recommendation: Reject the claim listed and direct the City Clerk's Office to send a letter informing the claimant of the decision. 3 (7) Notice of Completion for Sunswept Drive and Diion Street Improvements Recommendation: Authorize the Mayor to execute the Notice of Completion and allow the City Clerk to file the Notice of Completion with the County of Riverside Recorder's Office. (8) Construction of New Deck and Ramp at Chamber of Commerce Building Recommendation: Authorize the City Manager to process a purchase order in the amount of $33,990 to Lakeshore Homes & Development for the construction of the new deck and ramp at the Chamber of Commerce Building. (9) Award of Contract -Dust Control Applicator for Dirt Roads Recommendation: Staff recommends that the Mayor and City Council authorize the City Manager to execute a contract agreement with South Western Seal Coating Inc. to provide dust control services for City dirt roads. (10) Settlement Agreement with MSA Enterprises, Inc. (Best Western Hotel) Recommendation: The City Council approve the Settlement Agreement and authorize the Mayor to execute the Agreement along with any ancillary - documents, subject to any minor modifications as may be approved by the City Attorney. (11) New Copier Leases with Innovative Documents Solutions for the Finance Department Recommendations: a) Approve the digital copier lease proposal authorize the City Manager to execute the 60 month Municipal Lease Agreement with Cannon Financial Services, Inc. for a Cannon iR3045 digital copier. b) Approve service proposal by Innovative Documents Solutions (based on monthly CMAS Service Agreement #GS-25F-0023M) and authorize the City Manager to execute the Service Agreement with Innovative Documents Solutions to maintain a Canon iR3045 digital copier, per the stated terms and conditions. (12) Agreement For Services With A & A Janitorial Recommendation: Approve the two year agreement with A & A Janitorial and authorize the City Manager to sign the agreement. City Attorney Leibold pulled Consent Calendar Item No. 10 and recommended continuance to the next City Council meeting. 4 - It was moved by Councilman Magee, and seconded by Councilman Schiffner to approve the Consent Calendar Items No. 4 through 9 and 11 through 12, exclusive of Consent Calendar Item No. 10 and for continuance to the next City Council meeting. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS There were no public hearing items. BUSINESS ITEMS (13) COUNCIL ADOPTS RESOLUTION NO. 2008-50 SETTING A FEE FOR THE REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES IN COMPLIANCE WITH ORDINANCE NO. 1252 Community Development Director Preisendanz provided the staff report. He stated staff is proposing a resolution for the registration of abandoned properties pursuant to the new ordinance creating Section 8.60 and is recommending adoption of the resolution: It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and adopt the following resolution: RESOLUTION NO. 2008-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SETTING A FEE FOR THE REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES IN COMPLIANCE WITH ORDINANCE NO. 1252 5 The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (14) COUNCIL DENIES THE CITY OF CANYON LAKE'S REQUEST TO AMEND THE CITY'S SPHERE OF INFLUENCE AND TO ANNEX FROM THE CITY OF LAKE ELSINORE 22 ACRES TO CANYON LAKE City Manager Brady provided the staff report. He stated this was a request from the City of Canyon Lake to remove 162 acres of territory from Lake Elsinore's Sphere of Influence and to detach 22 acres of incorporated area and annex it to their City. He indicated Councilman Zaitz and City Manager Moss would like to make a PowerPoint presentation to Council. City Manager Moss provided the PowerPoint presentation to support their request. Nancy Gruttman-Tyler, Meadowbrook resident, spoke in opposition to the annexation. Grace Cox, County resident, spoke in opposition to the annexation. Garry Grant, Meadowbrook resident, spoke in opposition to the annexation. Dan Uhlry, resident, spoke in opposition to the annexation. Mayor Hickman read an a-mail from Sherry and William Way who indicated they supported Mr. Brady's recommendation to deny Canyon Lake's request for land within Lake Elsinore's City limits. Councilman Zaitz from Canyon Lake requested City Council not to accept staff's recommendation and provided the City of Canyon Lake's reasons. He also offered the City of Lake Elsinore's $50,000 of their CDBG Funds starting next year for five years or hold the item over for further consideration by establishing an ad-hoc committee to meet with and negotiate with the City of Canyon Lake possible ways so that both could have awin-win proposition. 6 Councilman Magee requested staff to address the CDBG offer and inquired if it was legal to accept. City Attorney Leibold responded she was not certain whether the allocation to Canyon Lake can be legally given to the City of Lake Elsinore and the rules with respect to receiving those funds. Councilman Magee noted his respect for Canyon Lake's City Manager and City Council. He stated he was disappointed Council did not receive a fiscal analysis until the meeting. He stated about two years ago, he met with Councilmembers Zaitz and Gibson about this proposal which at that time the intention was to provide Canyon Lake with their own elementary school or City Yard which he would support. He stated now they are left with an application, that was unforeseen, for a commercial development which Lake Elsinore needs as well for tax revenue. He stated he also has an obligation to the City and to the citizens of Lake Elsinore. He noted while he sympathizes with the plight of Canyon Lake, he cannot vote in favor of this request over the objections of the people of Meadowbrook or over the backs of the people of Lake Elsinore. Councilman Buckley agreed with Councilman Magee and indicated he would be happy to do the annexation for a school or some other public use. He stated it - would be irresponsible for the City to essentially agree to subsidize the City of Canyon Lake in the tune of $125,000 a year. Councilman Schiffner stated he was very sorry about financial difficulties Canyon Lake finds themselves in, if it is true. He noted he would not be serving Lake Elsinore's community well if he gave this land away. Mayor Pro Tem Kelley stated she could not support this request and noted this area is a wonderful addition to Lake Elsinore. It was moved by Councilman Magee, and seconded by Councilman Schiffner to deny the City of Canyon Lake's request to amend the City's Sphere of Influence and to annex from the City of Lake Elsinore 22 acres to Canyon Lake. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE 7 ABSENT: NONE ABSTAIN: NONE (15) COUNCIL APPOINTS COUNCILMEMBERS MAGEE AND BUCKLEY TO A SUB-COMMITTEE TO REVIEW APPLICATIONS, INTERVIEW CANDIDATES AND MAKE RECOMMENDATIONS TO FILL THREE PLANNING COMMISSION VACANCIES FOR APPOINTMENT AT THE JUNE 24, 2008. CITY COUNCIL MEETING It was moved by Mayor Hickman, and seconded by Mayor Pro Tem Kelley to create a sub-committee of Councilmembers Magee and Buckley to review applications, interview candidates and make recommendations to fill three Planning Commission vacancies for appointment at the June 24, 2008, City Council meeting. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (16) COUNCIL ADOPTS ORDINANCE NO. 1253, ADDING CHAPTER 17.26 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING DENSITY BONUSES It was motioned by Councilman Magee, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt the following ordinance: ORDINANCE NO. 1253 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER .17.26 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING DENSITY BONUSES 8 The following Roll Call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) May 15th -Farmers' Market, Thursday, downtown Main Street and Peck from 4- 7:00 p.m. 2) May 15th - EDC Luncheon at the Diamond Club, from 11:30 a.m. to 1:30 p.m. 3) May 16th -Cops for Kids. Golf Tournament, starts at 11 a.m. at the Links at the Summerly Golf Course 4) May 17th -Senior Center 20th Anniversary at the Lake Elsinore Senior Center from 9:00 a.m. to 1:00 p.m. 5) May 17th -Lake Elsinore Rotary Rumble starts at 10:30 a.m. 6) May 22"d -Lake Elsinore Valley Chamber Commerce Mixer at USA Federal Credit Union, starts at 5:30 p.m. to 7:30 p.m. 7) May 24th -Lake Elsinore Cruise Day Car Show, 2-5:00 p.m. 8) May 24th -Military Appreciation Night at Storm Stadium 9) Encouraged all residents to shop locally. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS 1) Announced on May 22"d' the City Council will be hold a meeting regarding the 2008/09 budget in the Cultural Center at 5:00 p.m. 9 CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: 1) Reminded everyone the Boys and Girls Club will be holding their Field of Dreams Event, to be held at the Diamond on the field on June 7th at 6:00 p.m. which includes dinner at $75 per person. She stated there would be a live and silent auction where the proceeds will go towards programs for the Boys and Girls Club in Lake Elsinore. Councilmember Magee commented on the following: 1) Assured everyone that there is no attempt by Council or staff to down zone any property, to create spot zoning, to devalue anyone's property or to allow public access across private property. He stated Community Development Director Preisendanz will be making a presentation on the General Plan Update at the Citizens Committee meeting Thursday night at the Tuscany Hill Recreation Center at 7:00 p.m. and encouraged those interested in the process to attend. Councilmember Buckley commented on the following: 1) Stated he attended a meeting in Washington, DC for the American Mosquito Control Association. He suggested to contact your local Congressman and encourage him to support continue funding for the anti-West Nile Virus. Mayor Hickman commented on the following: 1) 2) 3) 4) 5) Encouraged people to support the Cops for Kids Golf Tournament because it provides Christmas presents for the children. Encourage people to attend the Citizens' Committee, on Thursday, May 15th at Tuscany Hills Recreation Center at 7:00 p.m. Encouraged residents to get their General Plan questions answered at the Planning Commission meeting to be held on May 20th in the Cultural Center at 6:00 p.m. May 24th -Military Appreciation Night at Storm Stadium May 26th Memorial Day Service starting at 10:00 a.m.at the cemetery with a fly by at 10:30 a.m. 10 Mayor Hickman adjourned the meeting at 8:10 p.m. YL HICKMAN, MAYOR CITY OF LAKE ELSINORE AT T: ~~ VIVIAN M.MUNSON CITY CLERK 11 MINUTES ~I JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 22, 2008 CALL TO ORDER Mayor Hickman called the Joint Study Session to order at 5:08 p.m. 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, City Treasurer Weber, Administrative Services Director Pressey, Director of Community Development Preisendanz, Director of Lake and Aquatic Resources Kilroy, Director of Parks and Recreation Gonzales, Director of Public WorkslCity Engineer Seumalo, Planning Manager Weiner, Planner Coury, Building/Safety and Code Enforcement Manager Chipman and City Clerk Munson. PLEDGE OF ALLEGIANCE City Treasurer Weber led the audience in the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman requested a moment of silent prayer for Robert Cartier, owner of Elsinore Ready Mix, who recently passed away. DISCUSSION ITEM (~ A. Fiscal Year 2008/09 Ooerating Budget Administrative Services Director Pressey presented the 2008/09 Operating Budget for the City, LLMD and the Redevelopment Agency. He indicated this 1 year's General Fund was challenging, was reviewed at mid-year and had $2 million in cuts. He noted when re-looking at the revenues and estimating for the current year and projecting into 08/09, there was a significant drop in revenues. He stated staff re-assessed the revenue picture and is presenting new projected numbers. He noted the City Manager notified staff of the short fall and staff came back with some proposals that were very efficient use of City resources, to include many cut-backs to reduce the budget by $1.8 million. Administrative Services Director Pressey indicated Public Safety remains the number one priority of the City and is 43% of the total General Fund budget. He indicated of all of the increases from last year to this year, Public Safety is 182% of the increase; the Police Services are going up $195,000 and Fire is going up $348,000 and is related to their rates. Administrative Services Director Pressey indicated the City broke even at the end of last year. He noted the City's reserves will stay at $3.5 million, the supplemental revenue/stabilization fund will remain at $1.5 million, unallocated revenue will hit the $5 million mark so total at the end of June 30`h, the City will have $10 million available for use. He stated at the end of 2008/09, after this adopted budget, the City would maintain their reserves, supplemental would have a net increase and unallocated would get $1 million and the City would end at $8.7 million at the end of the year. Administrative Services Director Pressey indicated the City is drawing from its supplemental/stabilization fund and which is helping the City balance its budget. Administrative Services Director Pressey reviewed the budgeted expenditures. He noted reductions of salary and benefits, doing more in-house, reducing or eliminating programs, deferring goods and services, reduction in meetings and training, hiring freeze, reduction in overtime, decrease in PERS, and at mid-year a reduction in a variety of positions. Administrative Services Director Pressey indicated in the Community Development Department there were questions raised with Community Development revenue decreasing significantly with building permits, which spiked all the way up to $5 million, now it is down to $1.2 million, and to expect the Community Development Department to cut the equivalent amount, there is reason why the City would not, and from an operational stand point, all of the departments have looked at their budgets to try to determine where they can cut and where it makes sense to cut. He also indicated in the Planning Division applications are still being received, which range in scope, and averaging 230 customers per week, an average of 50 per day. Administrative Services Director Pressey reviewed the special projects the Community Development has on the horizon such as the Auto Mall Overlay, Main Street/Downtown Master Plan, Lakeshore Overlay District Update, 2 Consistency zoning, adoption of drought tolerant landscape ordinance, and ~, adoption of a telecommunications ordinance. Administrative Services .Director Pressey reviewed the Building Inspectors assignments such as new foreclosed property ordinance enforcement, NPDES compliance, assisting code enforcement, building business license data base, performing Public Works inspections on single family projects and cross training as a back up to the Fire Inspector. Administrative Services Director Pressey reviewed the Redevelopment Agency budget. He indicated the Agency budget is increasing $4.9 million and the fund balance is gone up significantly. Administrative Services Director Pressey noted the City did receive a letter from EVAN and noted their request was not included in the budget. Ron Hewison, HOPE, indicated the greatest group of people they help are seniors, between 175-180 month; programs are income driven; discussed Angel Food Ministries; and thanked Council for everything they have done for HOPE in the past and requested Council to try to hold HOPE at the same levels as in the past. r-; AI Lyons, LEMSAR, requested Council to raise their annual budget for LEMSAR back to $10,000 and reviewed the services LEMSAR provides to the community at the lake. City Treasurer Weber commended staff on the presentation of the budget material. He stated he had a conversation with the City Manager regarding the drop in revenues and his ideas for reducing expenditures such as decreasing overtime, compensating people with comp. time instead, not giving cash out for vacation and monitoring the contractors who are not generating revenue. He commended the City Council for not having any big law suits. He also noted the RDA needs to start generating revenue because it was taking money from the General Fund. Councilman Magee commended City Manager Brady, Mr. Pressey and the Department Heads for their efforts placed in the budget. He noted revenues are slightly up and our expenditures only increasing 1% and indicated for the first time the City is taping into our rainy day fund. Councilman Magee inquired when will the Rosetta Canyon Fire Station going to break ground. City Manager Brady responded the City will be going out to bid next week, will be (' j awarding the bid in July of this summer and anticipate a 12-14 month build period. 3 Councilman Magee inquired why there is $165,000 in next year's budget for the I ~ General Plan which is twice the amount he was told what was owed to the consultants. Administrative Services Director Pressey responded there were a couple components: 1) the project initially was approved for $800,000 flat; projecting out with potential with the need to extend and do more work on the General Plan which is part of the increase and some adjustments to the scope; and 2) there was staff time charged directly to the project and was not in the $800,000 component. Councilman Magee inquired if the City is looking at a new environmental impact report on the General Plan. City Manager Brady responded there will not be a need for a new one; he indicated the proposed changes being made may require re-circulation of the EIR and also re-circulation because of the work that needs to be done to address these changes. Director of Community Development Preisendanz responded the original contract was $825,000 of which $160,000 is left under this contract to date. He indicated should the Council decide, with the recent trend of land use changes, if it generates a recirculation, there could be out of scope costs, but could be absorbed under the purchase order still within the scope of the contract. Councilman Magee inquired if there were specific projects designated for the $31,000 in branding. Information & Communications Director Dennis responded the $31,000 is the rolling over of funds for unfinished projects that have not been completed such as signage; vehicle conversions and signals and deferring gateway monument signage. Councilman Magee inquired when the Downtown Master Plan would be completed. Administrative Services Director Pressey responded staff is looking at bringing this before the City Council in August and the RFP is being prepared to take it out to service. Councilman Magee suggested it would be prudent to identify in the Land Acquisition; $100,000 in the next four years instead of the $500,000 three years out and nothing behind it. Councilman Magee inquired about the additional $6,500 allocated for the web site and inquired if the web site would be completed by July. 4 Administrative Services Director Pressey indicated the $6,500 shown is a roll I I over. Information & Communications Director Dennis responded staff is working very hard to attain this goal and stated the site map is indicating there still is a lot of work to be done. Councilman Magee inquired when construction on the river walk commence. Parks and Recreation Director Gonzales responded currently the City is going out for an RFP for a landscape architect to design the project which should be before Council in July. He noted construction should begin in the fall. Councilman Magee stated $10,000 is being requested to be eliminated from the Public Safety Advisory Commission budget, and noted City Manager Brady attended a Public Safety Advisory Commission and requested the Commission to not forward their request for a new Public Safety staff position. He also noted staff has indicated this commission requires a significant amount of staff time. He stated he has watched the workload on the Community Development side drop significantly, and have been shown five slides tonight why Council should not cut anyone from that Department; building inspections have gone below 270 inspections a week from a high of 1,100; Planning Department front counter visits have dropped below 200 from a high of over 400 last year; and with all this "extra time", he inquired could some of these folks be transferred over to in augmenting staff support for the Public Safety Advisory Commission. He noted staff needs to look at reassignments of responsibilities because we can't just not help the Public Safety Advisory Commission go forward. City Manager Brady responded this position is not specifically for staffing the Public Safety Advisory Commission. He indicated it was for ah Emergency Operations Coordinator which would have the responsibility of training of staff in terms of emergency operations and preparing the City's emergency operations plan. He noted he is fully supportive of having this position, but does not believe it is time to add this position. Councilman Magee indicated he would like to move this as an unfunded position so that the City knows what the requirements of this position are and as the City moves forward and workloads adjust, some of the staff can be reassigned to assist on some of those tasks. City Manager Brady responded a Building Inspector does not have the knowledge for this position; similar to a Cindy Quigly or Geneva Krag type. He noted his goal was not to hamper the Public Safety Advisory Commission and has provided a considerable amount of support to the Commission. City Manager Brady also noted the City has an excellent team of people that have been put together in the past few years, the morale is high and the team 5 works well together. He stated he would like to keep this team together and believes the economy will have an upturn, and would like to keep these people ~ on for a year or a year and a half from now. He stated people look an organization as to how they treat their assets and resources which the employees are. He noted if the City has to make cuts, then they will do that; but the City will look at way to reduce the budget costs. Councilman Magee inquired about the $114,000 for the Fire Services and asked if this was something the County is imposing on the City. Administrative Services Director Pressey responded it was a carryover from the Community Development Department budget into Fire which would account for part of the $156,000 reduction. Councilman Magee noted the City funded two positions last year and only position was filed one and only for a portion. He inquired if the savings has been recognized in this document. Administrative Services Director Pressey confirmed. Councilman Magee inquired if the cost of living is reflective of year two of the three year contract. City Attorney Liebold responded it is year two of a four contract. Councilman Magee reminded everyone that City Council supported ihis increase, invested in staff, but no one in the private sector is receiving a cost of living adjustment, nobody is getting raises, and along with merit increases, he noted City Council is significantly investing in its staff. City Manager Brady indicated he met with the employees and this was one of the issues he emphasized with them was that the City Council did support the staff by the increase and the contract they entered into with them. Councilman Magee inquired if there are 6-8 deputies on the street at any given time in a 24 hour day. Captain Fetherolf responded deployment patterns in the City is five deputies working on the day shift, five on the afternoon shift and four on the graveyard shift which does not count the support the personnel. Councilman Magee inquired what if the City would request a 10% reduction of what is being currently allocating to the Chamber of Commerce and would they be able to continue the same level of service. City Manager Brady responded yes they could provide the same level of service 6 Councilman Magee indicated the City needs to take a look at reducing the Chamber by 5-10%. Councilman Magee indicated the Southwest Economic Alliance need to make a cut to $25,000 or $20,000 and indicated if their response is that it will not keep the City in the club, then he stated the City needs to get out of the club because the City has not realized any net benefit or result. He noted he has not seen any tangible results since 2003. City Attorney Leibold indicated there is an existing contract that the City needs to be looked at. Councilman Magee suggested instead of allocating $30,000 to Southwest Economic Alliance, allocate the amount to EVAN. Councilman Magee asked the City to include Roxanne Petteway, Coalition to Improve Education, because they are requesting sponsorship from the City from $11,000 to $2,500. He requested to include them on the list and hold the funding for now and perhaps provide a $1,000 donation. Councilman Magee suggested sliming down the $10,000 budgeted for League Councilman Magee indicated the City Attorney's Office has an exceedingly long list of goals but requesting less money. He thanked the City Attorney. Councilman Magee commended the City Clerk for the comprehensive and very well done major goals list and greatly appreciated it. Councilman Magee requested the City's quarterly newsletter be made consistent in the budget document to read as quarterly. Councilman Magee commended Administrative Services Director Pressey for actually improving the return on investments as he noted in his major goals. Councilman Magee noted the typo under "General Law Enforcement" which should ready "Maintain 1.1 officer per 1000 population ratio" not 11. Councilman Magee indicated, on Page 9 under Fire, that the goal be added to expedite inspections and plan check reviews and reducing permit turnaround time. He indicated that was the entire goal for funding that position. Councilman Magee inquired if the purchasing of Auto-cite devices for Code Enforcement was funded in the current year budget. Community Development Director Preisendanz confirmed. 7 Councilman Magee noted he did not see anywhere in the budget the purchase of anew vehicle for the Graffiti Program and directed staff to figure out if this was j going to occur Councilman Magee indicated the construction of Lincoln Street Park is complete and needed to be taken off the list. Councilman Magee inquired when the dock standards will be coming forward. Lake and Aquatic Resources Director Kilroy responded the dock standards are in conjunction with Lake Shore Overlay District standards and will move through the committee before it becomes finalized and is hopeful it will be before City Council in the next six months. Councilman Magee commended Law Enforcement for the 2% reduction in overall crime rate and also noted Code Enforcement numbers are up. Councilman Magee noted the graffiti numbers are significantly up and noted the City needs to continue down the path of a comprehensive integrated system. Councilman Magee thanked staff for including the Animal Control section and providing a base line for the numbers. Councilman Schiffner noted there should be some kind of penalty for being out in the lake late at night. Captain Fetherolf responded he would look into it. Councilman Buckley indicated he was glad to see the City only going into the "drizzly" day fund (unallocated); supplemental is "rainy" and General Fund Reserve is "hurricane." He stated drizzly is being reduced and rainy is being increased, which is good. Councilman Buckley noted public safety is the City's first priority, but at some point their needs to be a top. He indicated he would like to see the Contract Cities get together and have kind of input into the contracts that are signed by the County. Councilman Buckley noted the RDA does not generate revenue, it was set up to capture tax increment that would have been lost to other agencies and set up to build things and to help things out. He noted the $20 plus million for low- moderate housing income that is sitting in RDA is temping, but moving that monies out for another project is not an option by law. He stated the RDA has to r start building units, approximately 800-900 in three years. I Councilman Buckley inquired if the new web site will be using any of the Spry- III Ajax technology. 8 Information & Communications Director Dennis responded he did not know how to answer the question because the City is using proprietary tools from Vision I Internet which uses standard web development tools. He indicated he would look into it. Councilman Buckley stated if and when the City gets the grant for the Emergency Operations Center, then the City creates the Coordinator position and that person would be used for the Public Safety Advisory Commission staff. Councilman Buckley recommended the following: • Offering less to the Ferguson Group; • RDA to contribute half for the lobbying services; • Decreasing the budget for League Conferences; • Providing the additional $5,000 for LEMSAR; • Providing $15,000 for EVAN; • Providing $5,000 for the Cal Literacy Program; • Providing $15,000 for HOPE; and • Provide the $10,000 back over to PSAC for the safety pamphlets Mayor Pro Tem Kelley complemented staff on the easy to read budget. She indicated she was glad positions would be not be cut and staff was able to trim in every department. She stated she was a strong supporter of this Council and the City supporting the community and its non-profits. Mayor Pro Tem Kelley inquired if the City received a letter from the school regarding grad night. City Manager Brady indicated they did not. Mayor Pro Tem Kelley stated the schools do not have Grad Night on campus, and has her doubts the $4,000 is needed and suggested those funds be provided to EVAN or LEMSAR. Mayor Pro Tem Kelley also suggested if the City is considering funding the concert at $30,000, the City might as well be the sponsor of the Concert Series and let EVAN line up the entertainment. Mayor Hickman reviewed some of the reductions and recommended giving additional money to HOPE, LEMSAR and Roxanne Petteway ($10,000). Mayor Hickman announced County Supervisor Buster gave $15,000 to Youth Court and $100,000 to the Boys and Girls Club. Mayor Hickman requested the number of employees in the department be placed in the budget chart. 9; i Mayor Hickman stated he thought the City was cutting out most of the contract planners. City Manager Brady responded the contract planners are paid for by the CRS, he noted their hours will be cut if the City slows down more. He noted the contract planners do provide between $39,000-$40,000 each, generating revenue through the Cost Recovery process. He indicating cutting them would cause the City to loose that money as well. City Manager Brady suggested staff put together a summary and discuss the budget suggestions individually with each Council Member and bring before the City Council for approval on June 10"'. Councilman Schiffner noted the budget was done quite well and would like to see as much funding be provided to patrol on the lake and for HOPE. ADJOURNMENT Mayor Hickman adjourned the Joint City Council/Redevelopment Agency Study Session at 7:05 p.m. D L HICKMAN, MAYOR CITY OF LAKE ELSINORE A 1 IVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 10 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 27, 2008 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1 a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: - 2 potential case City Negotiator: City Manager Brady (1 b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 375-250-031 City Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore, Debbie Feeney, and Paul Feeney Under negotiation: Price and terms of payment (1c) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code §54956.8) Properties: APNs 378055055-0, 378100008-7, 378100017-5, 378182017-9, 378182018-0, 378182035-5, 379191004-2, 375032012-9, 375031016-0, 375031018-2, 375031020-3, 375031023-6, 375031054-4, 375031052-2, 375152049-4, 375152048-3, 375042027-4, 375042028-5, 375293023-6, 375293029-2, 375293030-2, 375201019-8, 375223037-2, 375223036-1, _ 375321054-0, 375321006-7, 375321053-9, 375324010-9, 375274009-5, 375274010-5, 375274047-9, 375274046-8, 375321033-1, 375321029-8, 375321030-8, 375321031-9, 375321032-0, 363540003-4, 363281024-3, 374043014-8, 374072026-9, 374262004-6, 374262011-2, 373061009-3, 373062006-3, 373083020-0, 373082021-8, 373152001-6, 373132052-0, 373132053-1, 373132058-6, 373132059-7, 373134024-1, 373134025-2, 373134026-3, 373133002-8, 373133001-7, 373135019-0, 378100009-8, 378157040-1, 375201020-8. City Negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and th e County of Riverside, et al. Under negotiation: Price and terms of payment City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. The Regular City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE Amy Bhutta led the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer dedicating the meeting to Rebecca Marx and Robert Cartier owners of Elsinore Ready Mix. ROLL CALL PRESENT: MAYOR HICKMAN COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY (Arrived at 706 p.m.) Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Director of Lake and Aquatic Resources Kilroy, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Community Development Director Preisendanz, Fire Chief Hendershot, Planning Manager Weiner, Building Division Manager Chipman and City Clerk Munson. 2 PRESENTATION/CEREMONIALS (2) Mayor Hickman presented Deputy Fred Bommer with a proclamation who recently was recognized by MADD for being one of the top pertorms in the State of California. (3) Mayor Hickman presented a proclamation to La Vista, a recovery and wholeness center for woman. (4) Tony LoPiccolo, 2"d Vice-Chairman for LEVCC, presented the Lake Elsinore Chamber of Commerce update on Chamber activities. CLOSED SESSION REPORT City Attorney Leibold reported on discussions undertaken during Closed Session. She indicated due to time constraints, only one item pertaining to anticipated litigation was discussed. No reportable action was taken. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE Mike Ali, resident, expressed his concerns with problems in his neighborhood with regards to trash and rubbish dumping, people using the area for target practice and - illegal dirt biking. He also provided photos to Council and asked for their assistance in resolving these issues occurring in his neighborhood. He requested a massive cleaning occur immediately, entrances block to minimize access, posting of "no biking" signs and no "trash dumping" signs in and around the area, a more aggressive means of citating; and possible cam monitoring, and keep residents updated on what is occurring in the area. Mayor Hickman requested City Manager Brady to follow through on Mr. Ali's concerns. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 5 THROUGH 16 The following items were listed on the Consent Calendar for Council approval: (5) Minutes of the Following Meetina(s) a) Joint City Council/Redevelopment Agency Study Session -April 17, 2008 b) Joint City Council/Redevelopment Agency Study Session -May 13, 2008 c) Joint City Council/Planning Commission Study Session -May 13, 2008 d) Regular Meeting -May 13, 2008 Recommendation: Approve as submitted. (6) Warrant List Dated May 15, 2008 Recommendation: Authorize payment of Warrant List dated May 15, 2008. 3 (7) Investment Report -April 2008 Recommendation: Receive and file. (8) Memorandum of Understanding with Riverside County for Easements Related to the Future Nichols Road Recommendation: Approve the Memorandum of Understanding with Riverside County establishing easements related to the alignment and construction of Nichols Road between Lake Street and Collier Avenue and authorize the Director of Public Works to execute the document. (9) Amendment to Parks Landscape Maintenance Contract Recommendation: Authorize the City Manager to sign the Amended Parks Landscape Contract with CTAI Pacific Greenscape to provide park landscape maintenance services to the City of Lake Elsinore. (10) Final Map 35348 for Condominium Purposes Recommendations: 1. Approve Final Map No. 35348 subject to the City Engineer's acceptance as - being true and correct. 2. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 35348. (11) General Plan Update Status Report Recommendation: Receive and file. (12) Grant of Easement to Southern California Edison Company Recommendation: Authorize the City Manager to process the easement documents and instruct staff to forward the document to the County for recordation. (13) I-15/Railroad Canyon Road and I-15/SR-74 Interchange Update Recommendation: Receive and file. (14) Retainer Agreement for Foreclosure Legal Services Recommendation: Approve the agreement and authorize the City Manager to execute the agreement subject to any minor modifications as may be approved _ by the City Attorney. 4 (15) Grant of Easement for Stormdrain Construction and Maintenance Recommendation: Authorize the Mayor to execute the easement agreement and instruct staff to forward the document to the County for recordation. (16) A Reauest by the District Attorney for the County of Riverside for the City of Lake Elsinore to Adopt a Resolution Supportina Additional Funding for Judicial Officers Recommendation: Waive further reading and adopt a resolution supporting additional funding for judicial officers. It was moved by Councilman Schiffner, and seconded by Councilman Magee to approve the Consent Calendar Items No. 5 through 16. The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: MAYOR PRO TEM KELLEY ABSTAIN: NONE PUBLIC HEARINGS There were no public hearing items. BUSINESS ITEMS (17) Citizen Corps Framework -Public Safety Advisory Commission Information/Communications Manager Dennis presented the staff report along with a PowerPoint presentation which summarized the Citizen Corps Framework. Councilman Magee commented on the updating of the City's Risk Assessment, and expressed concern with the Grand Avenue side that there is only one continuance way in and out. He suggested working with County with correcting this to provide Emergency responders more flowing and limit the danger to people and property. Councilman Buckley suggested a Councilmember or a member from PSAC participate on the Citizen Corps Council and an utility representative. 5 Councilman Magee concurred with Councilman Buckley's recommendations. It was moved by Councilman Magee, and seconded by Councilman Buckley to approve the draft Citizen Corps Framework as a new element of the City's Emergency Preparedness Plan and provide direction with regard to establishing a Citizen Corps Council and start up funding to implement the Citizen Corps Framework. The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: MAYOR PRO TEM KELLY ABSTAIN: NONE PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Thursday, May 28th, Farmer's Market, 4-7:00 p.m. at Historic Downtown Lake Elsinore at Main Street and Peck. 2) Friday & Saturday, June 6th & 7th Elsinore Women's Club -Children's Art Fair will be held at the club house located at 710 West Graham Avenue from 12:00 a.m. to 5:00 p.m. 3) Saturday, June 7th, Boys & Girls Club 4th Annual Field of Dreams Dinner and auction. 4) June 7th, EVAN will be holding their art walk on the 1St Saturday night of each month in partnership with Downtown Merchants Association. 5) Saturday, June 7th, Household Hazardous Waste collection will be held from 9:00 a.m. to 2:00 p.m. and the collection site will be at 512 N. Langstaff (adjacent to the City Yard). 7) Thursday, June 26th, Lake Elsinore Chamber of Commerce will be holding their Business Mixer at Ridgestone Apartments Clubhouse, 39415 Ardenwood Way from 5:30 to 7:30 p.m. 6 CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS Not present. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: No present. Councilmember Magee commented on the following: 1) Returned his City issued credit card back to the City Manager the City amend the City`s Credit Card Policy and focus on a reimbursement policy. Councilmember Buckley commented on the following: No comments. Mayor Hickman commented on the following: . He also requested per diem basis and 1) Stated the Welcome Home Troops and Memorial Day Ceremony events were extremely successful. Mayor Hickman adjourned the meeting at 7:53 p.m. in memory of Robert Cartier. D L HICKMAN, MAYOR CITY OF LAKE ELSINORE AT ST: VIAN M.MUNSON CITY CLERK 7 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 10, 2008 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 7:01 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases The City Attorney also indicated there were facts and circumstances that have arisen since the posting of the agenda and stated she believes would rise to the likelihood of litigation and a need to take action or to discuss the item in Closed Session with the City Council. It was moved by Councilman Magee, and seconded by Mayor Pro Tem Kelley to add one item of anticipated litigation pursuant to subdivision (b) of Gov't Code Section 54956.9. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. The Regular City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE Information/Communications Manager Dennis led the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer and also requested to remember our soldiers overseas. 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, Administrative Services Director Pressey, Director of Lake and Aquatic Resources Kilroy, Captain Fetherolf, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Community Development Director Preisendanz, Fire Chief Hendershot, Planning Manager Weiner, Building Division Manager Chipman and City Clerk Munson. CLOSED SESSION REPORT City Attorney Leibold reported on discussions undertaken during Closed Session. She also indicated Council, by unanimous vote of the City Council present, one closed session was added of anticipated litigation. No reportable action was taken. 2 PRESENTATION/CEREMONIALS (2) Mayor Hickman presented the Certificate of Achievements to the following Korn Scholarship Awardees: Claire Van Zanten, Raquel Starkey, Andrea Escobar, Trenton Paddock and Jaime Guzman. (3) Mayor Hickman recognized the Lake Elsinore Bass Club, which recently held a Bass Fishing Tournament and BBQ to honor military service members from Operation Iraqi Freedom and Operation Enduring Freedom. (4) Rick Bishop, Executive Director of the Western Riverside Council of Governments presentation was postponed to a future meeting. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE Thomas Vose, Branch Manager at Lake Elsinore Library, spoke of programs the Library will be offering this summer. He noted some of the programs offered will be language data base, classes on financial management and testing strategies, computer classes, financial literacy program for college students, art class for teen, poetry class for adults, photo restoration, resume and interview workshops, debate book club, landscaping and gardening classes, cooking classes, summer reading program for kids and many other programs. Kris Hertz, President Lake Elsinore Historical DMA, thanked the City Council for placing the American Flags on Main Street. She also requested Council's approval for a proposed event to be held over the 4th of July weekend with a weekly Farmers' Market, Theatre Show, Antique Fair, Chili Cook-off, gun fighter show, folkloric dancers, live music throughout the day, food vendors, art walk and a craft fair. Robin Golden, resident and business owner, proposed a series of murals to be painted throughout the City's historic downtown area depicting what the area looked like in the past. She requested City Council's support and approval. Randy Fraizer, resident, conveyed to the City Council an incident that occurred while he and his family were driving home from Parrot Park. He indicated this person followed him to his house and pulled a gun on his wife and stated he was with the District Attorney's Office. Michele Peterson, resident, further described what occurred when the District Attorney's staff threatened them with a gun and continued to stalk them at their home. She indicated no one from the Police Station did anything and was told to file a complaint with the District Attorney's Office in Murrieta. 3 Councilman Magee responded the City does not employ any District Attorney investigators, requested the name of the investigator and assured Ms. Peterson that he will contact Mr. Rod Pacheco's Office and work with the Police Chief to ensure your situation will be taken very seriously. Pete Dawson, LEMSAR, stated LEMSAR reported 6,770 hours of service this year to the community. He stated the United States Coast Guard had 17 students graduate from a boat safety class and there will be another class held in the Cultural Center where the public is invited to attend. He also noted there were over 200 vessel exams done in the Lake Elsinore area launches. Lorraine Watts, resident, expressed her displeasure with Verizon and the fact they are not broadcasting City Council meetings. Ruth Atkins, Lake Elsinore Historical Society, complimented the City Manager and City Staff for such a quick response in restoring their power at Historical Society meeting. She also requested the Mayor to present Barbara Cady, who is moving to Oregon, with some type of recognition for her service to the Elsinore Valley Arts Network, the Lake Elsinore Woman's Club and the community. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 5 THROUGH 15. EXCLUSIVE OF ITEM NO. 16 The following items were listed on the Consent Calendar for Council approval: (5) Minutes of the Following Meeting(s) a) Joint City Council/Redevelopment Agency Study Session -May 27, 2008 b) Regular Meeting -May 27, 2008 Recommendation: Approve as submitted. (6) Warrant List Dated May 29, 2008 Recommendation: Authorize payment of Warrant List dated May 29, 2008. (7) Resolutions Pertaining to the General Municipal Election to be Held on November 4, 2008 Recommendations: a) Waive further reading and adopt Resolution No. 2008-52 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 4, 2008, for the election of certain officers as required by the provisions of the laws of the State of California relating to General law cities and requesting the Registrar of Voters of the County of Riverside to conduct said election. 4 ~, b) Waive further reading and adopt Resolution No. 2008-53 requesting the Board of Supervisors of the County of Riverside to render specific services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, November 4, 2008. (8) Resolutions Adopting Regulations Pertaining to Candidates' Statements Recommendation: Waive further reading and adopt Resolution No. 2008-54 adopting regulations for candidates for elective office pertaining to candidates' statements submitted to the voters at an election to be held on Tuesday, November 4, 2008. (9) Citywide Landscaping and Lighting Maintenance District and the Landscaping and Street Lighting Maintenance District No.1 for the Fiscal Year 2008-09 - Approval of Engineer's Reports and Resolution of Intention Recommendations: a) Waive further reading and adopt Resolution No. 2008-55 approving the Engineer's Report for the annual levy of assessments for fiscal years 2008-09 in a District within said City. b) Waive further reading and adopt Resolution No. 2008-56 declaring Council's intention. to provide for an Annual Levy and Collection of Assessments for certain maintenance in an existing District, Pursuant to the provisions of Division, 15, Part 2 of the Streets and Highways Code of the State of California, and setting a public hearing for July 8, 2008. c) Waive further reading and adopt Resolution No. 2008-57 approving the Engineer's Report for the annual levy of assessments for fiscal year 2008- 09 in a District within said City. d) Waive further reading and adopt Resolution No. 2008-58 declaring its intention to provide for an Annual Levy and Collection of Assessments for certain maintenance in an existing District, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, and setting a time and place for the public meeting and public hearing hereon. (10) DMA Special Activities and Street Closure Recommendation: Authorize closure of Graham Avenue from Main Street to the alley way for the July 5th Chili Cook-off. (11) McVicker Skate Park Recommendation: Approve Alternative #2 operating the McVicker Skate Park with City staff. 5 (12) Joint Professional Service Agreement with Keyser Marston Inc Recommendation: Approve the agreement and authorize the Mayor to execute the agreement subject to any minor modifications as may be approved by the City Attorney. (13) Approval of CDBG Cooperation Agreement Fiscal Years 2009-10 2010-11 and 2011-12 Recommendations: a) Authorize the Mayor to execute the Cooperation Agreement with the County of Riverside allowing the City to participate in the Urban County Community Development Block Grant and HOME Program. b) Waive further reading and adopt Resolution No. 2008-59 confirming participation in the CDBG and HOME Program. (14) CR&R -Annual Consumer Price Index Increase Recommendation: Approve the CPI and Landfill fee increase and adopt the new rates for refuse pick-up, recycling and disposal to take effect on July 1, 2008. (15) Quitclaim Deed for a Portion of Property Adjacent to Graham Avenue in Favor of Pioneer Lumber Recommendation: Authorize City staff to process a Quitclaim Deed over a portion of Lot 11 and 12 adjacent to Spring Street between Sulphur Street and Graham Avenue and authorize the City Manager to accept the Grant Deed for lots 11 and 12 from Elsinore Pioneer Lumber Co. (16) Settlement Aareement with MSA Enterprises Inc (Best Western Hotel) Recommendation: Approve the Settlement Agreement and authorize the Mayor to execute the Agreement along with any ancillary documents, subject to any minor modifications as may be approved by the City Attorney. Councilman Magee pulled Consent Calendar Item No. 16 to be continued off calendar. It was moved by Councilman Buckley to pull Consent Calendar Item Nos. 11 and 16. There being no second, motion failed. It was moved by Councilman Magee, and seconded by Mayor Hickman to approve the Consent Calendar Items No. 5 through 15 to include continuing - Consent Calendar Item No. 16 off calendar. 6 The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE Councilman Buckley indicated he wanted the opportunity to vote against Consent Calendar Item No. 16, the Settlement Agreement with MSA Enterprises. He commented the public improvements fell well below the amount discussed and MSA has failed to perform on numerous occasions voiding the original agreement of many years ago. PUBLIC HEARINGS (17) CITY COUNCIL ADOPTS RESOLUTIONS RELATED TO MITIGATED NEGATIVE DECLARATION NO. 2006-03, TENTATIVE TRACT MAP NO 35869 FOR CONDOMINIUM PURPOSES, PLANNED UNIT DEVELOPMENT NO. 2008-01, AND RESIDENTIAL DESIGN REVIEW NO. 2006-07 FOR THE PROJECT KNOWN AS "GRAND SOLUTIONS" AND INTRODUCES ORDINANCE NO. APPROVING PLANNED UNIT DEVELOPMENT NO. 2008-01 Mayor Hickman opened the public hearing at 7:36 p.m Community Development Director Preisendanz presented the staff report. He indicated this was a mixed use development on Grand Avenue which will allow both commercially and residential development uses. He noted this development will allow six live-work units and 25 residential units with a recreational center. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. Matthew Fagan, stated he represented the applicant, and spoke in favor of the project and stated they did agree to the Conditions of Approval. He also complimented the Community Development staff on their professionalism. There being no further testimony, Mayor Hickman closed the public hearing at 7:41 p.m. 7 _ It was moved by Councilman Magee and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-60 adopting Mitigated Negative Declaration No. 2006-03. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Magee, and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-61 adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Magee and seconded by Councilman Buckley to waive further reading and introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNED UNIT DEVELOPMENT NO. 2008-01 8 The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Magee, and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-62 approving Tentative Tract Map No. 35869 for condominium purposes. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Magee, and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-63 approving Residential Design Review No. 2006-07. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE 9 ABSENT: NONE ABSTAIN: NONE (18) COUNCIL ADOPTS RESOLUTION NO. 2008-64 APPROVING TENTATIVE PARCEL MAP NO. 35890 FOR CONDOMINIUM PURPOSES FOR "FAIRWAY BUSINESS PARK" (APN 377-140-024) Mayor Hickman opened the public hearing at 7:43 p.m. Community Development Director Preisendanz presented the staff report. He indicated this was a subdivision for air space that the City Council approved previously for Fairway Business Park. He stated the applicant is requesting for the subdivision for 20 individually owned industrial office condominium. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Hickman closed the public hearing at 7:45 p.m. It was moved by Councilman Magee, and seconded by Councilman Schiffner to waive further reading and adopt Resolution No. 2008-64 approving Tentative Parcel Map No. 35890. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCILMAN BUCKLEY LEFT THE COUNCIL CHAMBERS AT 7:45 P.M. (19) COUNCIL CONTINUES PUBLIC HEARING REGARDING TENTATIVE TRACT MAP NO. 34346 FOR CONDOMINIUM PURPOSES AND RESIDENTIAL DESIGN REVIEW NO. 2 Mayor Hickman opened the public hearing at 7:45 p.m. 10 Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. Mayor Hickman indicated there was a request to continue the item to the next regular City Council meeting. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Magee to continue this matter to the City Council meeting of June 24, 2008. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE APPEAL(S) (20) COUNCIL CONTINUES THE APPEAL OFF CALENDAR WITH REGARD TO THE PLANNING COMMISSION'S DECISION TO APPROVE CONDITIONAL USE PERMIT NO. 2008-09, A REQUEST FOR THE ESTABLISHMENT OF LIVE MUSIC, DANCING, AND ENTERTAINMENT WITHIN THE RESTAURANT AREA OF AN EXISTING BOWLING AND ENTERTAINMENT CENTER (TREVI LANES) Community Development Director Preisendanz presented the staff report. He indicated this was the consideration of two appeals of the Planning Commission's decision to approve a conditional use permit, a request for live music, dancing and entertainment within a previously approved restaurant area within an existing bowling entertainment center. He stated the appeals were filed by the City's Captain Fetherolf and the owner of Best Western Hotel. He indicated staff is recommending upholding the Planning Commission's decision to approve the conditional use permit or overturn the decision and deny the CUP. COUNCILMAN BUCKLEY RETURNED TO THE COUNCIL CHAMBERS AT 7:48 P.M. 11 -- Captain Fetherolf stated he filed an appeal of the Planning Commission approval of Conditional Use Permit 2008-09. He indicated the document he submitted set forth some of his concerns, based on the removal of certain restrictions made by the Planning Commission, from the conditional use permit as submitted by the Planning Department which he noted he had participated in offering information in the preparation of the. document. He stated in the original plans that were submitted by the applicant in 2006-07, the rooms in question were proposed as a restaurant to include a cafeteria and dinning area both inside and outside the building proper. He stated sometime later, the idea of a nightclub was proposed for the same area and at that time voiced opposition to the idea with meeting with the City staff. He indicated not long thereafter, an unpermitted nightclub was opened to the public at that particular location. He stated after considerable violence and commotion resulting from the unauthorized and understaffed opening of that part of the club, City Code Enforcement shut down the club portion and forced the applicants to go through the proper CUP process. He noted as a result of numerous staff discussions, where he provided his input and reasons for recommending restricted use of these facilities, it included his recommendations of the following: 1) Approval shall be limited to live entertainment in conjunction with private parties and banquets only; 2) Night clubs, discotheques, music/comedy concerts, and similar types of uses are prohibited in all areas of the property and 3) No admission or cover charge shall be required for any portion of the facility which the Planning Commission '"' removed at a later date. Captain Fetherolf reviewed his concerns for allowing a night club of this magnitude as follows: 1) Cause of a large drain on police resources to deal with criminal activity; 2) assaults; 3) disturbing the peace; 4) public intoxication/alcohol related problems; 5) thefts and burglaries; 6) vandalisms; 7) traffic violations; 8) narcotics; and 9) suspicious behavior/criminal conduct. He respectfully recommends that the City Council consider overturning the decision of the Planning Commission and any other proposed club/venues of this magnitude in the future. Ajay Patel, who also filed an appeal, stated their concern with Trevi Entertainment is the sound level. He indicated on May 24th and May 29th, he had to call local law enforcement to complain about the noise. He stated he met with Mr. Knight who indicated someone from his establishment would come out with a decibel meter to read the noise level and then proceed to have it reduced if the noise is too loud. He stated no one ever came out. He also noted the building is not made to hold in sound and feels the sound is coming through the roof. William Park, Corporal Marine Corp. stated he was the individual who was having the party and did not understand why his party was broken up by the Police who had 20 or more Police units. 12 -- Ken Howard, resident and Elks Lodge Member, spoke in opposition of denying the conditional use permit and expressed how important it was for the Elks Lodge to continue using Trevi Lanes. Mayor Hickman noted this was not pertaining to the Elks portion of Trevi Lanes. Dee Dee Davis, resident, spoke in opposition to the denial of the conditional use permit. Bob Becker, resident and former officer of the Lake Elsinore Elks Lodge, spoke in opposition to the denial of the conditional use permit. Axel Zanelli, Planning Commissioner, stated he was one of the two Planning Commissioners that voted to deny the conditional use permit. He indicated at the time of the Planning Commission meeting, there were some last minute changes made to the conditions that they were not made aware of until that night. He stated there is a long history that goes back with Mr. Knight that began during construction of that building without any approvals. He noted the Planning Commission was willing to work with him, however, over his past history of 18 months or so has shown Mr. Knight is going to do what he wants to do. He requested the City Council overturn the Planning Commission decision, support the Chief and the neighboring businesses that have nothing but problems with this business. Guy Schmidt, local band manager, spoke in favor of Mr. Knight's conditional use permit. Dave Bristow, Law Firm of Reid & Hellyer and applicant's representative, stated he was there to address some of the issues and process that occurred after the Planning Commission granted Mr. Knight's conditional use permit. He noted Mr. Patel's appeal was filed later than it should have been under the Lake Elsinore Municipal Code and on that basis should not be considered by this panel. He stated he understands the public safety issues Chief Fetherolf was concerned with; however, he did not know the issues with regard to Trevi Entertainment are any different than the issues concerning the Storm or any other large gathering in the City of Lake Elsinore and noted any time you have those type of crowds, you will have an increase in public safety issues. Mr. Bristow indicated that it appeared to him that there was a separate issue that was going on and that is an issue with selective enforcement with regards to singling out Mr. Knight and Trevi Entertainment. He stated he understands the City has had some issues in the past. He noted Mr. Knight has invested over $7 million in the building and choose to do this in Lake Elsinore because he saw the opportunity and the need for this type of venue. He noted Mr. Knight was not provided written notice or proof of the appeal to the Planning Commission's decision which lead Mr. Knight to believe his use was permitted. He indicated 13 - that this struck him as unusual and contort the process that a use permit is intended to serve. He stated because of the discrepancies of the way Mr. Knight has been treated, he feels there is a different agenda that appears to be afoot. He stated he requested from the City Attorney that the hearing be continued to allow him and his client sufficient time to evaluate what the Chief was concerned with in regards to the appeal. He reiterated this was his request tonight from the City Council. Councilman Buckley inquired from Chief Fetherolf if he had any further statistics. Chief Fetherolf responded the Bikini Beach Club, which has a likeness to this club, had 19 responses in a one year period, to the O'Hara Road House there were nine, to the Wreck there were three, and to the Out House there were 16 responses in a one year time frame. Councilman Buckley inquired of Chief Fetherolf if he had a problem with night clubs in general. Chief Fetherolf responded that he did not; as long as they were obeying the law. He noted his responsibility to the City, to the citizens of this City and to this Council, is to fairly and equitably uphold the law and his recommendation to Council with the addition to this business, especially with. the history of the ownership and management disregarding and not respecting the law as it has been, he has no confidence that there will be any indication on their part that they will obey the law. He stated his recommendation to the Council is that this club not operate. Councilman Buckley addressed the Elks Lodge members and indicated the meeting has nothing to do with the Elks Lodge at all and the room they use is separate which is separately covered by the existing conditional use permit that is not being discussed. He also pointed out to Corporal Park about the ad for his party that indicated his party was not private according to the ad he found on the Internet and should be upset at the owner for allowing people to crash your party and getting it shut down. Councilman Buckley stated it was really about health and safety for the general public and for Mr. Knight's customers. He noted everyone on the Council wants Trevi to succeed, no one will jeopardize the safety of the City's residents. He stated the type of entertainment really is not the issue, it is the fact that it was open at all, and opened improperly. City Manager Brady indicated, prior to May 22"d, he received a call from the representative from Trevi Entertainment with regards to the use of this facility on May 22"d, it was discussed in length and depth with regards to the use and it was indicated at that time that an appeal was filed. Mr. Brady indicated the representative was made. aware of that appeal and was informed at that time by 14 him that if this party was going to be open to the public, that it would not be allowed and that the appeal stayed the decision of the Planning Commission. Councilman Buckley stated for him to consider allowing the use under a conditional use permit, the following potential conditions need to be adhered to: inside the club -legitimate private parties may occur with music, definition of legitimate to be determined by the City; charitable fund raising events to be held by recognized non-profit social services agencies would be exempt; no leasing in any way shape or form to outside promoters; no allowing any outside acts to perform; no live music; DJ is ok; one bouncer per 2,000 sq.ft. of floor space interior; two outside; all security training to be approve by LEPD; no pass route to the main building; no cover charge allowed; all conditions of the original conditions of approval to be complied with; shut down of the club allowable by the Chief appeal to the City. Council allowed; the facility is to remain completely closed until all conditions are met; they may apply for modifications of conditions in two years; behind the building shall be cleaned; no one shall be allowed behind the building except for employees; additional sound proofing shall be installed throughout; sound proofing around the patio and absolutely no all age functions at the club. Mayor Pro Tem Kelley stated she does not have a problem with nightly entertainment or music at all. She noted the facility must be operated safely and in a secure manner in the public interest. Community Development Director Preisendanz responded to the inquires Mayor Pro Tem Kelley had pertaining to various issues. He also indicated staff has tried to work with Mr. Knight and have done everything they could to accommodate Mr. Knight and he noted there are still outstanding conditions that have not been satisfied. City Attorney Leibold indicated that Mr. Patel did file his appeal within the legal requirements and stated under the City Council Policy, the appeals come through the City Clerk's Office who in turns forwards the appeal to the Community Development Department and schedules the appeal hearing as soon as possible. She stated there is noticing of the agenda and the item; however, there is no independent requirement that written notice of the appeal be provided to the applicant. She noted communication by the City Manager to the applicant's representative is sufficient. Mayor Pro Tem Kelley stated she was very disappointed in the process that Mr. Knight has not followed, that is in place to provide safety and security for our residents and of the things that have had occurred out there. She indicated she cannot support a new CUP if the conditions from the first CUP have not been met. She stated she would be in favor of continuing this item and bringing Mr. Knight into compliance; she would like to continue this item to a calendar date and by that date she would want to make certain that staff is absolutely certain 15 - what area is being considered, absolutely sure about the conditions of the CUP that have not been satisfied including the security cameras and the security issues of concern the Chief of Police had. It was moved by Councilmember Magee, and seconded by Councilmember Schiffner to continue this item off calendar in order to accommodate the applicant's request for due process, and during this time, there can be no more violations, they must comply with all of the existing CUP conditions, and be a good corporate neighbor; work with staff and the Police Department to bring back something all of the parties can support. Mayor Pro Tem Kelley indicated she would like to calendar the item for a meeting in July. Councilman Magee asked Mr. Bristow if this would allow his client ample time to comply with the existing conditions on the existing permit and make progress towards resolving the outstanding issues that are under appeal this evening. David Bristow replied he had to consult with his client. He indicated his sense is that should be sufficient time; however, he was a concerned because there are two competing motions. He stated is preference was to take this item off calendar and commence the process. Mayor Pro Tem Kelley stated if there were any further violations, that would be it for her. A substitute motion was made by Mayor Pro Tem Kelley, and seconded by Councilmember Buckley to continue the appeal to the July 22"d meeting and encourage the applicant to satisfy conditions of approval pertaining to the existing conditional use permit and direct the applicant to work with staff and their counsel to work through the conditions of approval with respect to the new CUP that would be acceptable to all parties concerned and to address all safety concerns. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY NOES: MAYOR HICKMAN COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE ABSTAIN: NONE 16 Substitute motion failed. The motion to continue this item off calendar vote resulted as follows: AYES: MAYOR HICKMAN COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE City Attorney Leibold indicated that once this item is ready for reconsideration it must be re-noticed as a new public hearing. Mayor Hickman requested that everything Mr. Knight can and can't do related to his conditional use permits be placed in writing. CITY COUNCIL RECESSED THE MEETING AT 9:00 P.M. COUNCIL RECONVENED THE MEETING AT 9:05 P.M. BUSINESS ITEMS (21) CITY COUNCIL ADOPTS RESOLUTION NO. 2008-65, ADOPTING THE GENERAL FUND AND LLMD OPERATING BUDGETS FOR FISCAL YEAR 2008-09 Administrative Services Director Pressey presented the staff report. He reported the Operating Budget of the General Fund includes public safety as the number one priority and continues to be the number one priority. Public Safety is 43% of the General Fund Budget which is up 40% from the prior year and the total increase is a little over $.5 million. He also noted at the end of this budget year that is being presented, it is estimated that $7.8 million to be available of which $3.5 million is reserve. Administrative Services Director Pressey also indicated at the agenda review City Council requested an additional $2,000 to be added for the Memorial Day Service to fund a portion of that cost and will be included in the budget. He stated total revenue and expenditures are balanced at $32 million which includes a draw from the supplemental revenue of a little more than $400,000. 17 _.. Councilman Magee recognized the good works of City Manager Brady, Administrative Services Director Pressey and City Treasurer Weber on the new budget. He also recommended to the Community Development Department to process applications quicker and response to inquiries and also assist PSAC when appropriate. He also recused himself from voting on a line item in the budget related to the donation to the Trauma Intervention Program. AI Lyons, Lake Elsinore Marine Search and Rescue, thanked the City Council for their continued support of LEMSAR. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and adopt Resolution No. 2008-65 adopting the General Fund Operating Budget and Lighting, Landscaping and maintenance Districts Operating Budget of the City of Lake Elsinore, California, for Fiscal year 2008-09 to include the $2,000 to be added for the Memorial Day Service and to pull out the line item related to the donation to the Trauma Intervention Program. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Buckley to approved the $8,500 donation to the Trauma Intervention Program. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: COUNCILMAN MAGEE 18 PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Thursday, June 12th, Farmer's Market, from 4-7:00 p.m. on Main Street and Peck. 2) Saturday, June 14tH, Flag Day, the City will be installing American Flags on Main Street in celebration of Flag Day and Independence Day. 3) Thursday, June 19th, Movies in the Park, After Dark, 7:30 p.m. at Summerlake Park and it is free to all. 4) Thursday, June 19tH, EWDC Luncheon, from 11:30 -1:30 p.m. at Lake Elsinore Diamond Club, reservations required. 5) Monday, June 23rd, Aquatic Programs at Lakeside High School Pool, Open Swim from 1:30 to 4:00 p.m. and 5:30 to 8:00 p.m. Registration for swim lessons will be held June 25tH, July 2~d and July 16tH 6) Thursday, June 26tH, the Lake Elsinore Chamber of Commerce Business Mixer will be held at Rid~estone Apartments Clubhouse. 7) Saturday, June 28 n, Health & Safety Expo, 31700 Grape Street, 10-4:00 p.m. 8) Saturday, June 28th, Lake Elsinore Cruise Day -Car Show, Main Street, 5-8:00 p.m. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: 1) Congratulated all of the local high school graduates from Lake Elsinore. Councilmember Magee commented on the following: 1) Recognized the passing of his wife's uncle, Duncan Welch. He stated he was 19 part of the greatest generation. He stated he was a formidable man who demanded respect, both in his personal and professional life, an outstanding husband and father and a long time resident of this County. He noted Mr. Welch served proudly in the United States Air Force during World War II. He requested the meeting be adjourned in his honor. Councilmember Buckley commented on the following: No comments. Mayor Hickman commented on the following: No comments. Councilman Magee adjourned the meeting at 9:26 p.m. in honor of the memory of Duncan Welch. ~-~/" HICKMAN, MAYOR CITY OF LAKE ELSINORE ATT ST: G V VIAN M.MUNSON CITY CLERK 20 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 24, 2008 CALL TO ORDER - 7:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 7:05 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE PLEDGE OF ALLEGIANCE Lorraine Watts led the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer and also requested to remember the soldiers overseas. 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, Administrative Services Director Pressey, Director of Lake and Aquatic Resources Kilroy, Captain Fetherolf, - Lieutenant Fontneau, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Community Development Director Preisendanz, Fire Chief Hendershot, Planning Manager Weiner, Finance Manager Riley and City Clerk Munson. PRESENTATION/CEREMONIALS (1) Mayor Hickman presented a proclamation to Deputy Joseph Narciso who was recently recognized by MADD for being one of the top performers in the State of California. (2) Nancy Hunzeker from the Lake Elsinore Chamber of Commerce provided an update on Chamber activities. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Lorraine Watts, thanked Administrative Services Director Pressey, Supervisor Buster, Mary Venerable and Mayor Hickman for attending and assisting with the Home Preservation Conference sponsored by the NAACP and the City of Lake Elsinore. Lewis Davis, Regional Public Affairs Manager of Edison, introduced the new Regional Manager for Lake Elsinore and surrounding area Viet Tran as his replacement. - Viet Tran, stated it was good to be back and announced Edison will be building a new service center on Clinton Keith which will serve the communities of Lake Elsinore, Murrieta, Wildomar, Canyon Lake and Temecula. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 3 THROUGH 14. AND 16 _THROUGH 23. AND CONTINUE CONSENT CALENDAR ITEM NO. 15 OFF CALENDAR The following items were listed on the Consent Calendar for Council approval: (3) Minutes of the Following Meeting(s) a) Joint City Council/Redevelopment Agency Study Session -June 10, 2008 b) Regular Meeting -June 10, 2008 Recommendation: Approve as submitted. (4) Warrant List Dated June 12. 2008 Recommendation: Authorize payment of Warrant List dated June 12, 2008. (5) Investment Report - May 2008 Recommendation: Receive and file. 2 (6) Notice of Completion for Median Modification on Malaga Road Recommendation: Authorize the Mayor to execute the Notice of Completion and allow the City Clerk to file the Notice of Completion with the County of Riverside. (7) Summary Street Vacation for the Right-Of-Way Known as Silver Street Recommendation: Waive further reading and adopt Resolution No. 2008-66 for the vacation of a portion of Silver Street. (8) Resolution of the Fees for the Transportation Uniform Mitigation Fee (TUMF) Program Recommendation: Waive further reading and adopt Resolution No. 2008-67 amending the applicable Transportation Uniform Mitigation Fee (TUMF) applicable to all developments in the City of Lake Elsinore. (9) Professional Engineering Services -Chuck Mackey Recommendation: Authorize the City Manager to enter into a contract with Chuck Mackey to provide on-call engineering services on an as needed basis. (10) Professional Engineering Services -Dave Solomon Recommendation: Authorize the City Manager to enter into a contract with Dave Solomon to provide on-call project management and engineering services on an as needed basis. (11) Professional Engineering Services -Peter Ramey Recommendation: Authorize the City Manager to enter into a contract with Peter Ramey to provide Construction Management Services for the Rosetta Canyon Fire Station project. (12) Alberhill Ranch Sports Park Turf Renovation Recommendation: Authorize the Director of Parks and Recreation to temporarily close Alberhill Ranch Sports Park for turf renovation and to accept the materials donated by Cal South. (13) Railroad Canyon Road Slope Stabilization Project -Construction Contract Award Recommendation: Reject both bids and direct staff to monitor the slope for any change in conditions. Concurrently, review the project plans for value engineering and return to City Council for new estimated and additional funding sources if necessary. 3 (14) Contract with Lilburn Corporation to Prepare CEQA Compliance Documents for the Project Known as "Alberhill Southwest Shale Mine Reclamation Plan" Recommendation: Authorize the City Manager to enter into a contract with Lilburn Corporation, Inc. to prepare the CEQA compliance documents for the Alberhill Southwest Shale Mine Reclamation Plan, in an amount not to exceed $25,470. (15) Contract with HDR, Inc. to Prepare CEQA Compliance Documents for the Project Known as "Lake Elsinore Association II" Recommendation: Authorize the City Manager to enter into a contract with HDR, Inc. in an amount not to exceed $149,200. (16) Contract with David Hogan to Prepare CEQA Compliance Documents for the Project Known as "Collier Avenue Auto Center" Recommendation: Authorize the City Manager to enter into a contract with David Hogan in an amount not to exceed $20,480. (17) Contract with David Hoqan to Prepare CEQA Compliance Documents for the Project Known as "Lake Street Marketplace" Recommendation: Authorize the City Manager to enter into a contract with David Hogan in an amount not to exceed $22,460. (18) Annual Adoption of Investment Policy Recommendation: Approve the City's Investment Policy. (19) Lake Elsinore Valley Chamber of Commerce 2008-09 Services Agreement Recommendation: Approve the Agreement subject to any minor modifications as may be approved by the City Attorney. (20) General Plan Update Recommendation: Receive and file. (21) Planning Division Professional Service Contracts 2008-2009 Fiscal Year Recommendation: Authorize the City Manager to enter into a contract with Carole Donahoe, Kirt Coury, Linda Miller and Wendy Worthey to provide specialized planning services on an annual basis. 4 (22) Purchase Authorization For a Web Based Streaming Media Solution Recommendation: Waive the informal bidding process and authorize the City Manager to sign and issue a purchase order to Granicus, Inc., to acquire and install the proposed Web based streaming media solution. (23) Agreement with Riverside County to Provide Road Maintenance on Portions of Lost Road and Navaio Springs Road Recommendation: Approve the Road Maintenance Agreement between the City of Lake Elsinore and Riverside County in substantially the form provided and authorize the Mayor to execute the Agreement in such final form as approved by the Director of Public Works and the City Attorney. It was moved by Councilman Magee, and seconded by Councilman Buckley to approve the Consent Calendar Items No. 3 through 14 and 16 through 23, and continue Consent Calendar Item No. 15 off calendar. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY - COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS (24) COUNCIL ADOPTS RESOLUTIONS APPROVING TENTATIVE TRACT MAP NO. 34346 FOR CONDOMINIUM PURPOSES AND RESIDENTIAL DESIGN REVIEW N0.2005-27, FOR "THE COLONY" Mayor Hickman opened the public hearing at 7:21 p.m. Community Development Director Preisendanz presented the staff report. He indicated this project was a 211 multi-family condominium community for active seniors and is located in the East Lake Specific Plan. He stated the Planning Commission unanimously recommended approval of the various entitlements. 5 Leonard Leichnitz, President of Lumos Communities, stated he was opposed to the project. He indicated there were three problems with project in the way it is presented: 1) it eliminates the density cap for the property imposed by the Specific Plan; 2) the current Land Use Map for the Specific Plan, approved in 2005, clearly shows this area as R-2 density where the applicant has described this project within a R-3 planning area and staff agrees with applicant. He stated if the latest approved map says this project is medium density, then it should be processed as medium density; and 3) staff allows the developer to use the flood storage area in its density calculations and pointed out with prior projects such as his and others, density calculations to exclude not include flood storage space. He requested City Council reverse the decision and vote "no". Peter Buchanan, Project Manager, thanked staff for their assistance with the project, spoke in favor of .the project and indicated the process has really been a collaborative effort with a goal of providing a unique and wonderful development with high quality housing and very fine amenities that fulfills a very specific need in the community that is not in the City. He proceeded to outline some of the benefits their project will have for the City. Dan Uhlry, resident, stated he liked the project. He indicated he had the same density concerns as Mr. Leichnitz. - City Attorney Leibold stated the East Lake Specific Plan is being implemented and should be implemented in accordance with its definitions, land use map and other provisions and does not feel this project is any variance from the implementation of East Lake Specific Plan and is not receiving any special treatment. She also stated the Land Use Map in the East Lake Specific Plan establishes land use designations throughout the 3,000 acres of the East Lake Specific Plan. She also stated each land use designation in the narrative of the plan articulate a maximum number of dwelling units per acre, calculated as a net density. She indicated the proposed project is well within, in fact, quite a bit below maximum allowable density based on the text of the East Lake Specific Plan. Councilman Buckley inquired if the applicant was getting extra density because it is a seniors' project. City Attorney Leibold responded they were not; however, because of the design review and parking requirements, there may be a lesser parking standard because of the senior restriction which would not be available to an unrestricted project, which would require a higher level of parking, and therefore reduce the overall density. Community Development Director Preisendanz stated it was important for him to - mention, when the applicant arrived in the City two years ago, staff had given the applicant density direction, based on what was directed with other applicants, 6 which was based on the Land Use Plan which was R-2 and R-3 with 14 dwelling units as the goal. He also stated along Mission Trail there is a lot of R-1 zoning along with Commercial zoning which many landowners want to change to high density. He also indicated staff has explained to these owners that the City wants a commercial project in the area. He noted this project was presented much different than it is being presented now and per staffs' request, the applicant has changed many items. He stated he would also like to see some continuity with the golf course. Councilman Schiffner stated he felt this project adds value to the City of Lake Elsinore. Mayor Hickman closed the public hearing at 7:47 p.m. Mayor Pro Tem Kelley stated it was a wonderful and beautifully designed needed project. She indicated the area of concern with her is whether or not all of the procedures been applied equitably to the developments in East Lake Specific Plan. Peter Buchanan, Project Manager, indicated Lumos and Laing were their own Specific Plans where they worked with the City to come up with the rules, density, etc. He noted what they are processing is a project under the East Lake Specific Plan. City Attorney Leibold responded it was not technically correct to say they were new Specific Plans, they were amendments to planning areas within the East Lake Specific Plan that established new land use designations, new circulation, etc. and because they're their own amendment with a whole new set of regulations and not the implementation of the existing East Lake Specific Plan, there could be some distinction and that is a distinction worthy of notice. Councilman Magee indicated the applicants have been very good neighbors and stewards of the property and stated he explained to the applicant that he was opposed to high density projects. He also stated the City should establish residential estate zoning in this particular area. He noted the Council set the bar with Laing and Lumos, reduced density, increased public recreational opportunities and this application does none of this. Mayor Hickman indicated this was an excellent project and it must remain a senior project. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Magee to continue this item off calendar. 7 The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN MAGEE NOES: MAYOR HICKMAN COUNCILMAN BUCKLEY COUNCILMAN SCHIFFNER ABSENT: NONE ABSTAIN: NONE Motion failed. It was moved by Councilman Schiffner and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-68 adopting findings that "The Colony" project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN BUCKLEY COUNCILMAN SCHIFFNER NOES: MAYOR PRO TEM KELLEY COUNCILMAN MAGEE ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Schiffner, and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-69 adopting Mitigated Negative Declaration No. 2008-06. The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN BUCKLEY COUNCILMAN SCHIFFNER NOES: MAYOR PRO TEM KELLEY COUNCILMAN MAGEE 8 ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Schiffner, and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-70 approving Tentative Tract Map No. 34346 to include the following: 1) Amending Condition No.12, strengthening the senior citizen restriction. 2) Add "Condition No. 19.g to read as follows: "The CC&R's shall designate the project as a senior housing project restricted for occupancy to persons 55 yeas and older- except as specifically permitted by Section 51.3 of the California Unruh Civil Rights Act and subdivision (b) of Section 807 of the Federal Housing Act or other applicable State and Federal law." 3) Add a new condition saying "in the event that Olive Street is constructed, the applicant shall upon the City's request; make gated pedestrian golf cart and/or vehicular access available from the project's southern boundary to Olive Street. 4) Add a new condition saying "shall work with staff and shall consult with Northwest Mosquito Vector Control District to create an appropriate landscaping plan for the retention basin." The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN BUCKLEY COUNCILMAN SCHIFFNER NOES: MAYOR PRO TEM KELLEY COUNCILMAN MAGEE ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Schiffner, and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-71 approving Residential Design Review No. 2005-27 to include the amended and new conditions. The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN BUCKLEY COUNCILMAN SCHIFFNER 9 NOES: MAYOR PRO TEM KELLEY COUNCILMAN MAGEE ABSENT: NONE ABSTAIN: NONE COUNCILMAN BUCKLEY LEFT THE COUNCIL CHAMBERS AT 8:10 P.M. (25) COUNCIL ADOPTS RESOLUTION NO. 2008-72; APPROVING CAPITAL IMPROVEMENT PROGRAM (CIP) FOR FY 2008-09 THROUGH 2012-13 Mayor Hickman opened the public hearing at 8:10 p.m. Public Works/City Engineer Seumalo presented the staff report. He indicated the CIP identifies projects for both near term development and future development. He also indicated the program for this budget year is approximately $21 million. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. There being none, Mayor Hickman closed the public hearing at 8:13 p.m. It was moved by Councilman Schiffner, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008-72, approving the Capital Improvement Program for Fiscal Years 2008-2009 through 2012-2013. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE (26) COUNCIL INTRODUCES ORDINANCE NO. 1255, APPROVING ZONING ORDINANCE TEXT AMENDMENT NO. 2008-03; A REQUEST TO AMEND LAKE ELSINORE MUNICIPAL CODE CHAPTER 17.82 (DESIGN REVIEW) IN ORDER TO MODIFY EXISTING GUIDELINES FOR TIME EXTENSION RELATED TO DESIGN REVIEW APPROVALS 10 Mayor Hickman opened the public hearing at 8:13 p.m. Community Development Director Preisendanz presented the staff report. He indicated this amendment would allow additional time on design review of two years. He also indicated any design review approval granted on or after July 1St 2007 would receive this extension of time. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. COUNCILMAN BUCKLEY RETURNED TO THE COUNCIL CHAMBERS 8:15 P.M. There being none, Mayor Hickman closed the public hearing at 8:15 p.m. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and introduce Ordinance No. 1255 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 17.82 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING TIME EXTENSIONS FOR DESIGN REVIEW APPROVALS The following Roll Call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: ABSENT: ABSTAIN: BUSINESS ITEMS COUNCILMAN BUCKLEY NONE NONE (27) COUNCIL APPOINTS JOHN GONZALES, PHIL MENDOZA AND MICHAEL O'NEAL TO FILL TERMS EXPIRING JUNE 30, 2012, ON THE PLANNING COMMISSION Councilman Magee stated they had six applicants to include three incumbents, and encouraged the applicants to re-apply again at a future recruitment. He noted they had some very qualified individuals apply. He also indicated based on the performance of the current Commissioners and wanting to continue our 11 _ consistency while the General Plan is being reviewed, for those two reasons they are recommending reappointing John Gonzales, Phil Mendoza and Michael O'Neal. It was moved by Councilman Magee, and seconded by Councilman Buckley to appoint the following three individuals to fill terms expiring June 30, 2012, on the Planning Commission: John Gonzales, Phil Mendoza and Michael O'Neal. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (28) COUNCIL ADOPTS ORDINANCE NO. 1254. APPROVING PLANNED UNIT It was moved by Councilman Buckley, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Ordinance No. 1254 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNED UNIT DEVELOPMENT NO. 2008-01 The following Roll Call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 12 PUBLIC COMMENTS CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) June 26th, Thursday, Farmer's Market, 4-7:00 p.m. at Historic Downtown Lake Elsinore at Main. and Peck. 2) June 26th, Thursday, Business Networking Mixer, hosted by Ridgestone Apartments located at 3915 Arden Way, 5:30 p.m. 7:30 p.m. 3) June 28th, Saturday, Lake Elsinore Cruise Day -Car Show, 5-8:00 p.m. Main Street. 4) July 3~d, Thursday, Movies in the Park, After Dark, 7:30 p.m. Summerlake Park and is free to all. 5) July 5th, Saturday, Lake Elsinore's Downtown Merchants Association Celebrates the Cit of Lake Elsinore's 120th Anniversary along with the Fourth of July Celebration, Main Street. 5) July 10th, Thursday, All Chamber Mixer at the Diamond Club. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: No comments. Councilmember Magee commented on the following: Councilman Magee announced the Rusticana Restaurant is now open. Councilmember Buckley commented on the following: Wished everyone a Happy Fourth. 13 Mayor Hickman commented on the following: 1) Announced the Breakfast Club located at 19980 Grand Ave. is an excellent place to eat and welcomed everyone to try it out. 2) VFW is re-opening their new bar area. 3) Invited residents to visit Main Street to view the flags. 4) Announced starting July 7th, seniors 60 years and older making less than $41,000 are entitled to a property tax rebate. If interested, please call the senior center 674-2526. Mayor Hickman adjourned the meeting at 8:26 p.m. in memory of Cathy Zaitz, wife of Councilman Zaitz for the City of Canyon Lake. L HICKMAN, MAYOR CITY OF LAKE ELSINORE ATT T: V~VIAN M.MUNSON CITY CLERK 14 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 8, 2008 CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:08 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION Assistant City Attorney Mann indicated the following items were to be discussed during 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 City Negotiator: City Manager Brady Assistant City Attorney Mann indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. The Regular City Council meeting was recessed into Closed Session at 5:08 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE Michael O'Neal led the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting 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, Assistant City Attorney Mann, Administrative Services Director Pressey, Captain Fetherolf, Lieutenant Fontneau, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Fire Chief Hendershot, Planning Manager Weiner, Building Division Manager Chipman and City Clerk Munson. CLOSED SESSION REPORT Assistant City Attorney Mann stated City Council met in Closed Session to discuss anticipated litigation, pursuant to Government Code Section 54956.9, one potential - case. The Assistant City Attorney indicated there was no reportable action. PRESENTATION/CEREMONIALS (2) Mayor Hickman presented Certificates of Appreciation to David Lewis, Robert Hanson and Victor Hanson for maintaining the yards in their neighborhoods that have been affected by foreclosure. (3) Mayor Hickman presented a proclamation in recognition of Parks and Recreation Month to Parks and Recreation Director Gonzales. (4) Danielle Coats of the Western Riverside Council of Governments, provided an Agency overview of the Western Riverside Council of Governments to the City Council. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Ruth Atkins, resident, stated she was speaking for the Downtown Merchants Association, EVAN and Lake Elsinore Historical Society and thanked the City and staff for all of their help and support during the City's 120th Anniversary Celebration events. She also announced the free concerts in the park will begin on August 16th 2 - Pete Dawson, LEMSAR representative, provided a report for the 4th of July weekend at the lake. He also commented the Parade on the Lake was very nice and the Fireworks were great. Chris McKoy, resident, stated he applied recently for a Planning Commission seat and indicated he was disappointed when he received his letter because and he feels the City can only move forward when new faces, ideas and thoughts are put into place and this will only occur when new people are appointed. Chris McKoy, also discussed his problems with graffiti on his property, the process he has taken to remove the graffiti on this property, and he feels the City's graffiti ordinance is directed in the wrong direction. He indicated he feels the homeowners are not the problem and suggested having a waiver to offer to the homeowners so the City can go on their property to assist in removing the graffiti as opposed to fining the homeowner for the graffiti that was created by another individual. He also suggested going after the people that create this problem and not the homeowners. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 5 THROUGH 10 The following items were listed on the Consent Calendar for Council approval: (5) Minutes of the Following Meeting s) - a) Joint City Council/Redevelopment Agency Study Session -June 24, 2008 b) Regular Meeting -June 24, 2008 Recommendation: Approve as submitted. (6) Warrant List Dated June 30, 2008 Recommendation: Authorize payment of Warrant List dated June 30, 2008. (7) Approval to Participate in the Riverside County Mortgage Certificate (MCC) Pro ram Recommendation: Waive further reading and adopt Resolution No. 2008-73, approving participation with the County of Riverside Mortgage Credit Certificate (MCC) Program. (8) Application for the Name Change of Alderwood Circle in the Alberhilt Ranch Development Recommendations: a) Approve the street name change request. b) Direct the City Clerk to notify the County Board of Supervisors of the street name change. 3 (9) Amendment To Resolution Callina And Giving Notice Of Hold Of A General Municipal Election Recommendation: Waive further reading and adopt Resolution No. 2008-74, amending and restating Resolution No. 2008-52, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 4, 2008, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law cities and requesting the Registrar of Voters of the County of Riverside to conduct said election. (10) Resolution to Approve Placing Delinquent Refuse Bills on FY 2008-2009 Tax Roll Recommendations: a. Waive further reading and adopt Resolution No. 2008-75, affirming the report of delinquent residential refuse fees and directing their collection on the property tax roll. b. Direct the City Clerk to file with the Riverside County Auditor a certified copy of the resolution along with the 120-days past due accounts report. It was moved by Councilman Schiffner, and seconded by Mayor Pro Tem Kelley to approve the Consent Calendar Items Nos. 5 through 10. The following vote resulted: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS (11) COUNCIL APPROVES .RESOLUTIONS CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FISCAL YEAR 2008-09 FOR THE CITYWIDE LLMD AND FOR THE LLMD N0.1 Mayor Hickman opened the public hearing at 7:32 p.m. 4 - City Clerk Munson announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey presented the staff report. He stated the Citywide District is $1,275,730 which includes 21 zones. He also reported the 2"d District is $209,000 which includes 29 zones in the City. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. Mayor Hickman inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. He noted that if there were any property owners who wished to file a written protest, they must file it with the City Clerk at that time. He noted that for purpose of a majority protest, only written protests were to be considered. There being none, Mayor Hickman closed the public hearing at 7:36 p.m. Mayor Hickman directed City Clerk Munson to tabulate the ballots and announce if a majority protest had been made. City Clerk Munson tabulated the ballots and announced no majority protest exists. It was moved by Councilman Schiffner, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008-76, confirming a diagram and assessment and providing for annual assessment levy after formation of a district Fiscal year 2008-09 for the Citywide LLMD. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 5 It was moved by Councilman Magee, and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-77, confirming a diagram and assessment and providing for annual assessment levy after formation of a district Fiscal Year 2008-09 for the LLMD No.1. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMS (12) COUNCIL DIRECTED STAFF TO EXECUTE A DEMONSTRATION OR PILOT PROGRAM OVER THE COURSE OF THE NEXT TWO WEEKS THAT LOOKS AT_ GETTING THE RIGHT TOOL FOR THE JOB. DETERMINE THE WATERING FREQUENCY FOR THE AFFECTED AREAS IN ORDER TO KEEP THEM GREEN AND THEN TO COME UP WITH A BUDGET COUNCIL UNDERSTANDS THE MANPOWER AND THE COSTS THAT THE CITY IS GOING TO INCUR Building Division Manager Chipman presented the staff report. He reported the program. has been in affect since May 2008. He reviewed the maps enclosed with the staff report of the number of foreclosed homes in the City and what staff has been accomplishing since the effective date of the ordinance. Mayor Hickman indicated he brought this forward and recommended the City take its water truck and follow the street sweeper and give some of these yards some water. Councilman Magee stated he would like to identify a demonstration program over the course of the next two weeks and suggested staff work with our existing equipment and personnel and the local builder who is already implementing such a program in one of their tracts. He suggested staff go out and do a pilot program or demonstration and report back to Council in two weeks as to what they found in terms of the equipment, the frequency of the need that would need to be employed, how much money this is going to cost and whether or not Council is ready to fund this. 6 - Councilman Magee requested staff to execute a demonstration or pilot program over the course of the next two weeks that looks at getting the right tool for the job, determine the watering frequency for the affected areas in order to keep them green and then to come up with a budget so that Council understands the manpower and the costs that this is going to incur. He suggested identifying an area that is close to the yard, maybe pick a few homes in the "Avenues", to start with so that in two week, staff can identify something. Phil Williams, EVMWD Board Member described the "Green Lien Program" which is a voluntary lien that is placed on the property by the foreclosed entity that actually had to remove the homeowner. He indicated the program allows the realtors to sign up with the permission of the bank, the technical owner of the property and set up an account where the property would be liened continuously and once the home is sold, through title, the money would be recouped at that time. He also stated obtaining the free recycled water would not be an issue. Mayor Pro Tem Kelley indicated time, cost and effectiveness is what she is looking for. It was the consensus of the City Council to have staff execute a demonstration or pilot program over the course of the next two weeks that looks at getting the right tool for the job, determine the watering frequency for the affected areas in order to keep them green and then to come up with a budget Council understands the manpower and the costs that the City is going to incur and suggested identifying an area that is close to the yard, maybe pick a few homes in the "Avenues", to start with that so that in two week staff can report back to Council. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (13) COUNCIL ADOPTS ORDINANCE NO. _1255, AMENDING CHAPTER 17 82 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING TIME EXTENSIONS FOR DESIGN REVIEW APPROVALS 7 It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and adopt Ordinance No. 1255 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 17.82 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING TIME EXTENSIONS FOR DESIGN REVIEW APPROVALS The following Roll Call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Thursday, July 10t", Chamber Mixer at the Diamond Club and admission is $10. 2) Saturday, July 12t", Household Hazardous Waste, from 9:00 a.m. to 2:00 p.m. at 521 N. Langstaff, adjacent to the City Yard. 3) Saturday, July 12t" and 19t", Historic Downtown Lake Elsinore at Main at Peck 4) Tuesday, July 15t", Storm Baseball Golf Tournament 5) Thursday, July 17t", Movies in the Park, After Dark, 7:30 p.m. at Summerlake Park -free to all. 6) Thursday, July 17t", EWDC Luncheon at the Diamond Club from 11:30 a.m. to 1:30 p.m. He noted this month the 3~d Annual Conversation with Southwest CA City Managers. CITY ATTORNEY COMMENTS No comments. 8 CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: No comments. Councilmember Magee commented on the following: 1) Announced Assemblyman Jeffries was successful in getting a bill through the State Legislature recognizing the old historic Route 395 which used to wind its way through downtown Main Street. He indicated he has asked staff to work with the Assemblyman's Office about securing signs and identifying areas where the City could mount the signs and have some sort of recognition downtown to include notifying the Historical Society and the Downtown Merchants Association the City will work with them on this endeavor. 2) Announced LEMSAR has asked if they could be included on the City's insurance program, asked LEMSAR to put together a formal request to pass it on to the insurance agency to assess the additional costs so that Council may be able to make a decision. 3) Recognized City Manager Brady and staff for the outstanding work they did over the 4t of July Holiday and he noted he received plenty of compliments. City Manager Brady recognized the Lake Department for their great job with the parade and recognized the Downtown Merchants Association for such a successful organization of their events during the 4th of July. Councilmember Buckley commented on the following: No comments. Mayor Hickman commented on the following: 1) Commented on the outstanding Boat Parade and Fireworks show. 2) Recognized the Downtown Merchants Association, the Chamber of Commerce and recommended viewing the beautiful murals. 9 3) Announced starting July 7th, seniors 60 years and older making less than $41,000 are entitled to a property tax rebate. If interested, please call the senior center 674-2526. Mayor Hickman adjourned the meeting at 8:15 p.m. ``~ / L / ! DARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATT ST: V IAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 10 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 22, 2008 CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following item was to be discussed during Closed Session: (1) Public Employee Performance Evaluation (Pursuant to Gov't Code §54957): City Clerk City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. The Regular City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE Warrant Officer Adam Miller led the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting 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, Administrative Services Director Pressey, Captain Fetherolf, Lake & Aquatic Resources Director Kilroy, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Director of Community Development Preisendanz, Fire Chief Hendershot, Planning Manager Weiner, Building Division Manager Chipman and City Clerk Munson. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss public employee performance evaluation, pursuant to Government Code Section 54957. The City Attorney indicated there was no reportable action. PRESENTATION/CEREMONIALS (2) Mayor Hickman presented a Certificate of Appreciation to Trace Greenelch for assisting in the maintenance of yards of foreclosed homes in his neighborhood. (3) Mayor Hickman presented a plaque to Bob and Kris Hertz of Flour Fusion for the Business of the Quarter. (4) Mayor Hickman presented Certificates of Appreciation to Habitat For Humanity, GMAC Financial Services, EVMWD and Bulk Fuel Company, 7t" Engineering Supply Battalion who participated in the "Bird Tract Revitalization Project." (5) Kim Cousins, President of the Lake Elsinore Chamber of Commerce, provided an update on Chamber activities. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE Barbara Middlebrook, President of EVAN, announced the Concerts in the Park are beginning August 16~h, and thanked the City with their financial support. i Chris Hyland, resident, expressed her concerns with the lot where the old Machado house sits. She indicated the lot is overgrown with weeds and is a fire hazard, indicated the house is in foreclosure and asked the City to help with placing a sign to deter 2 vandalism on the property and doing something about the weeds. Mayor Hickman requested the City Manager send over the' Public Works Department to cut down the weeds on the property. Terry Thielan, resident, requested assistance from the City to help the landowners along Lakeshore Drive to work with the Elsinore Valley Municipal Water District to start a sewer assessment district on Lakeshore Drive, west of Chaney. He stated there is no sewer there with 25-30 homes with septic and the septic is leaking down into the lake. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 6 THROUGH 20 The following items were listed on the Consent Calendar for Council approval: (6) Minutes of the Following Meeting(s) a) Joint City Council/Redevelopment Agency Study Session -July 8, 2008 b) Regular Meeting -July 8, 2008 Recommendation: Approve as submitted. (7) Warrant List Dated July 15, 2008 Recommendation: Authorize payment of Warrant List dated July 15, 2008. (8) Investment Report -June 2008 Recommendation: Receive and file. (9) Resolution Confirming Fiscal Year 2008-09 Special Taxes for CFD's Recommendation: Waive further reading and adopt Resolution No. 2008-78, requesting the tax collector of the County of Riverside to place special taxes on the bills of certain properties within the CFD. (10) Professional Landscape Plan Check and Inspection Services -David Evans and Associates Recommendation: Authorize the City Manager to enter into a contract, in a form approved by the City Attorney, with David Evans and Associates, Inc. to provide landscape plan check and inspection services to the City of Lake Elsinore for Fiscal year 2008-2009. (11) Selection of Landscape Architectural Firms for Landscape Design Services and Award of Agreement 3 - Recommendation: Authorize the City Manager to sign the Professional Services Agreements with BMLA Landscape Architecture and David Volz Design for on- call landscape architectural design services and to issue purchase orders on a project-by-project bases. (12) License Renewal -ESRI Geographic Information System (GIS) Software Recommendation: City Council authorize the City Manager to approve the renewal of the ESRI ArcGIS software licenses for FY 2008-09. (13) Approval of New Web Site Policies and Disclaimer Recommendation: Approve proposed Web site policies and disclaimer for implementation with the new City Web site. (14) Professional contract Services with Bureau Veritas for Development Plan Checking on an On-call Basis Recommendation: Approve the continuation of the existing agreement with Bureau Veritas. (15) Professional Contract Services with Harris and Associates for Development Plan Checking and Construction Inspection on an On-Call Basis Recommendation: Approve the continuation of the existing Agreement with Harris and Associates for development plan checking and construction inspection on an on-call basis. (16) Franklin Street Rehabilitation and Storm Drain Improvements - Notice of Completion Recommendation: Authorize the Mayor to execute the Notice of Completion and allow the City Clerk to file the Notice of Completion with the County of Riverside. (17) I-15/Railroad Canyon Road and I-15/SR-74 Interchange Update Recommendation: Receive and file report. (18) General Plan Update Recommendation: Receive and file report. (19) Purchase Order for Contract Plan Check Services for Fiscal Year 2008/09 Recommendation: Authorize the City Manager to approve a Purchase Order in the amount of $150,000 for Scott Fazekas and Associates to provide plan check 4 services for fiscal year 2008/09. This amount was budgeted for in the 2008/09 Building Division Professional Services account. (20) Purchase of Crossroads Software Collision Database and Automated Handheld Citation Systems Using Supplemental Law Enforcement Services Fund Grant SLESF Recommendations: a) Approve the purchase of Crossroads Software/Automated Collision Database System with GIS Collision Mapping Module. b) Approve the purchase of nine SymboIMC35 Handheld citation instruments and printers. c) Approve the exemption from the bid process for this sole source vendor, Crossroads Software. d) Approve the expenditures in the amount of $50,386.63 to Crossroads Software from the Supplemental Law Enforcement Services Fund Grant (SLESF). It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Magee to approve the Consent Calendar Items Nos. 6 through 20. The following vote resulted: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS There were no public hearings. APPEALS (21) COUNCIL CONTINUES THE APPEAL OF THE DECISION OF THE NUISANCE ABATEMENT BOARD DECLARING THE PROPERTY LOCATED AT 606 EAST MINTHORN STREET TO THE AUGUST 12TH CITY COUNCIL MEETING 5 - Building Official Chipman presented the staff report. He indicated the property at 606 Minthorn had a long history of violations and has been a focus of code enforcement since 2000. He indicated it has been taken before the Nuisance Abatement Board on two prior occasions. He indicated the property owner had appealed a decision of a Nuisance Abatement Board decision in February of 2008, based on the use of the property. He stated the property is residential which he has cleaned up; however, he is storing two large trucks which is violation of the zoning code. Mr. Rotellini indicated the property is clean. He indicated he applied for a business license to store his trucks and his equipment. He indicated he told the business license he cleaned properties, he filled out a form, paid his $97 and has been operating his business for four years. Mr. Rotellini requested permission from the City Council to allow him to store two of his semi-trucks on his property for one year. Councilman Magee inquired why the City would issue a business license for this type of business in a residential zone. Building Official Chipman responded the applicant represented his business as a home occupation type license and did not require approvals from the Planning, Fire or Building Departments. Community Development Director Preisendanz indicated Planning had not signed off on the Business License and therefore zoning was not checked. Councilman Magee inquired of the City Attorney if the City Council had discretion to allow this individual to continue to store his commercial trucks in a residentially zone property and make an exception under extenuating circumstances with respect to the business license being issued and having no neighbors. City Attorney Leibold responded she would have to look at the permitted and not permitted conditional uses for this zoned property. Community Development Director Preisendanz indicated its is not permitted in any way. Councilman Magee indicated Council needs to continue this item to get the whole story and all of the information and get Mr. Rotellini to write an accurate description on what he is going to do with the property. Councilman Buckley indicated he cannot set a precedent in parking commercial vehicles in residential neighborhoods. 6 .- Councilman Schiffner indicated the City should look into and find out the circumstances of how the business license was issued and whether there was a mistake made at that time. Councilman Buckley asked the City Attorney what exactly does the possession of a business license give you the right to do. City Attorney Leibold responded if it is issued as a home occupation permit, it gives you the right to conduct a business out of your home with conditions; however, it is unclear what conditions were attached to this business license. It was moved by Councilman Magee, and seconded by Councilman Schiffner to continue to the meeting of August 12tH It was moved by Councilman Buckley, and seconded by Mayor Pro Tem Kelley to uphold the decision of the Nuisance Abatement Board. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY - NOES: MAYOR HICKMAN COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE ABSTAIN: NONE Motion failed. It was moved by Councilman Magee, and seconded by Councilman Schiffner to continue the item to the City Council meeting of August 12tH The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY ABSENT: NONE 7 ABSTAIN: NONE (22) COUNCIL UPHOLDS THE PLANNING COMMISSION'S DECISION TO APPROVE CONDITIONAL USE PERMIT NO. 2008-09 WITH ADDITIONAL NINE CONDITIONS OF APPROVAL PRESENTED HEREIN TO INCLUDE VIGOROUS MONITORING OF THE BUSINESS AND BE BROUGHT BEFORE THE CITY COUNCIL IN SIX MONTHS Community Development Director Preisendanz presented the staff report. He indicated the item before Council was a consideration of two appeals of the Planning Commission decision to approve CUP No. 2008-09. He noted Council continued the appeal and requested staff to provide further information related to the approval of the Elks portion of the facility; specifically as to what areas were being proposed for live entertainment and compliance with existing conditions of approval. He indicated a sign program has been submitted to staff and the graffiti has been removed from the identified areas. He also noted City staff, Mayor Hickman and Captain Fetherolf met with the owner of Trevi to discuss additional conditions of approval to which the applicant was agreeable. George Alongi, Wildomar resident, spoke in favor of the Trevi business and stated he agreed with the Police Chief but felt this was no reason to deny this type of business. Mukesh Patel, Best Western, indicated everyone should have the right to run a business without any problems and conflicts. He indicated his main concerns were with noise levels, safety and security of their guests and employees. He indicated should Council intend to permit Mr. Knights business, then Council should consider some conditions that protect his hotel and guests. He suggested 1) reduce the noise level from 65 to 55 decibel or less and monitoring the noise level from his property to Mr. Knight's property and from Mr. Knight's property to his; 2) building should be sound proof to include all walls, doors and ceiling; and 3) be advised of the times of events. David Bristow, Counsel representative for Trevi, indicated he did not receive the most current conditions or staff report. After some debate on whether or not he received the final conditions, the conversation continued. The Director of Community Development Preisendanz indicated the applicant submitted a sign program, they have taken care of the graffiti that was identified, did some clean up on the property and pulled weeds. He noted staff agreed to contact the property owner to pursue his compliance with the landscaping. He indicated the original CUP has been approved; staff if working with the applicant to get the sign program approved and everything cleaned out. He noted the applicant has planted some ground cover along Mission Trail and agreed to add more shrubs. 8 __ Captain Fetherolf indicated his appeal on the recommendation of the Conditional Use Permit proposed by the Planning Commission where they removed certain restrictions from the CUP which would allow the facility then to be used as a nightclub/discotheque, music, comedy or type of entertainment business on the premises. He noted staff, the Mayor and himself met with Mr. Knight on July 14'h to discuss what conditions might be appropriate should the Council decide to carry forward with the Planning Commission's recommendations to allow night club etc. at that center. He read from his letter submitted to the City Manager regarding his concerns he expressed "previously about the Trevi Entertainment Center changing from what was originally advertised as having afamily-centered focus to an adult night club environment... and the increase drain on police resources such businesses create. My recommendation to the City Council is that the facility remains afamily-centered business with limited accommodations for private parties, banquets, etc., in the adult-centered portions of the business." He noted should the City Council approves the adult-entertainment focus, he strongly recommends the following conditions be required in the Conditional Use Permit along with the previously issued requirements in the revised general conditions set forth in the CUP 2008-09. He stated they were as follows: 1. All existing security cameras are to be continuously and actively monitored by dedicated security personnel during business hours between 5 p.m. until closing every business day; and 2. The owner of Trevi will maintain an adequate number of trained, adult security employees on duty at all times during business hours, dedicated to the safety and security function with no less than two (2) clearly identified trained security officers per 100 persons occupying (or anticipated to occupy) the interior rooms/areas where alcohol is served or where there are special events open to the public (including private parties, DJ/live music, dances, etc.) from 5 p.m. until closing each business day, and two (2) security personnel dedicated to the exterior of the facility (parking lot, patios, etc.) to insure pedestrian and vehicle safety/security from 5 p.m. until closing each business day; and 3. Security staff shall be increased as directed by the Chief of Police in the event existing security arrangements prove to be inadequate as determined by the Chief of Police; and 4. Trevi management will immediately alert law enforcement when there are any violations of law or unruly behavior occurring on premises; and 5. Trevi will not allow any events to result in the over population of rooms/areas as defined in the maximum occupancy requirements set forth by the City and the fire department in the building plans; and 9 ..,_ 6. Trevi will not be permitted to allow live dancers, fashion shows, lingerie or any other modeling events, to occur on premises apart from or in conjunction with the afore-described events; and 7. The business management/owners commit to fully cooperate with and assist law enforcement in the identification of criminals and criminal activity, and the active prosecution of criminals who have victimized the business or its patrons; and 8. Trevi will ensure that all Alcoholic Beverage Control (ABC) laws, regulations and requirements are strictly adhered to by management and staff; and 9. The City place a probationary period of six (6) months on the issuance of the CUP to include a review of the operation of the Trevi Center and the demand on police resources at the end of the six-month period and to include an official report of findings and recommendations to the City Council from City staff and the Chief of Police. David Bristow, Counsel representative for Trevi, indicated that he concurred with all of the proposed conditions that his client was in agreement with and thanked Captain Fetherolf for all of his efforts in this regard and coming up with this list. Mayor Pro Tem Kelley expressed her concerns with what occurred after addressing this appeal at the last City Council meeting. She referred to a letter signed by an employee wondering why Trevi is allowed to continue without a permit (Attached). She indicated she will not support the Conditional Use Permit. Captain Fetherolf reviewed the activity that had taken place at the Trevi Entertainment Center from June 10th through June 17th. He indicated there were 14 calls in total, six of the calls were non-criminal in nature, eight were for misdemeanor offenses, three of the eight were for assaults, and four were for disturbance of the peace. Councilman Magee indicated the CUP needs to be in 100% compliance. He indicated the only way this can work is in a probationary basis which I heartedly support the Chief of Police six month review which will be January 20, 2009. He noted he is supporting this permit reluctantly and he wants the business to be successful. Councilman Buckley commented there is no problem with the use of the concept, that it just be done right. He indicated some of the additional conditions that were discussed last time should be added such as banning "all age" functions; no outside promoter to use the space; only outside access to the nightclub; pay for and install a decibel monitor that is installed in the back of the Best Western 10 - property, a decibel monitor that records the decibel levels; and noted he did not feel they should be allowed to open until all of the conditions of the first CUP are in complete compliance; and a condition that allows immediate suspension of the operation of the club at the discretion of the City Manager or Chief of Police and placing the wording of the "large parties ordinance" as a condition. City Attorney Leibold indicated the conditions can reference Chapter 9.42. Mayor Hickman suggested placing an iron door at the arch door with some insulation so that the noise does not travel. He indicated he would rather see Mr. Knight go with these nine conditions, to include a cover charge, limit the demands on this and give them the six months probation. It was moved by Councilman Schiffner, and seconded by Councilman Magee to uphold the Planning Commission's decision to approve Conditional Use Permit No. 2008-09 with the additional nine conditions of approval presented herein to include vigorous monitoring of the business and be brought before the City Council in the next six months. The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE COUNCIL RECESSED THE MEETING AT 8:38 P.M. COUNCIL RECONVENED THE MEETING AT 8:48 P.M. BUSINESS ITEM(S) (23) COUNCIL RECEIVES AND FILES REPORT RELATED TO THE PILOT PROGRAM TO WATER FORECLOSURE PROPERTIES AND TAKES NO FURTHER ACTION Public Works/City Engineer Seumalo presented the staff report. He reported on the pilot program to water foreclosed properties within the City. He noted the City Council wanted staff to quantify time, cost and effectiveness of irrigating the 11 foreclosed properties. He identified staff's findings on the various types of programs to address watering the lawns and trees of foreclosed properties. Councilman Magee noted the problems with foreclosed properties will last at least another two to four years and based on the figures staff provided, it would cost the City $1 to $2 million general funds monies to support this program and he is not willing to support this money for these abandoned homes. Mayor Pro Tem Kelley indicated the cost is prohibitive for the effectiveness of the program. She reported Mr. Brady and herself met with their homeowners association to talk about different strategies to improve specific neighborhoods from deterioration and indicated Pardee Homes had established September 6`h as a clean up day for the homes in that development. She indicated she could not support this type of financial obligation. It was moved by Councilman Magee, and seconded by Councilman Schiffner to receive and file report and take no further action. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY - COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: MAYOR HICKMAN ABSENT: NONE ABSTAIN: NONE (24) COUNCIL ADOPTS RESOLUTION NO. 2008-79: AMENDING THE CITY OF LAKE ELSINORE CITY COUNCIL POLICY 300-3 REGARDING CITY CREDIT CARDS, MEALS, MEETINGS AND TRAVEL EXPENSES City Manager Brady presented the staff report. He summarized the amendments made to the Policy which were as follows: 1) eliminating credit cards for the City Council; 2) taking the wording out for gas credit card which do not exist; and 3) clarification to the travel and meal component is clarified to apply to members of the Council along with non-elected City boards and commissions. Councilman Buckley inquired if there will be an emergency City Council credit card maintained by the City Manager. City Manager Brady responded there would not be and noted the City Manager's credit card can be used for travel arrangements for hotels, etc. 12 It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008-79, amending the City of Lake Elsinore City Council Policy 300-3. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (25) COUNCIL DESIGNATES THE PLANNING COMMISSION AS THE AUTHORITY FOR DETERMINING PUBLIC CONVENIENCE AND NECESSITY, - UNLESS APPEALED, WHEREAS THE CITY COUNCIL WOULD ASSUME THE RESPONSIBILITY TO INCLUDE THE ADDITIONAL LANGUAGE PROVIDED BY CAPTAIN FETHEROLF Community Development Director Preisendanz reviewed the proposed modifications and process for this procedure. He noted Chief of Police Fetherolf requested this wording be placed in the resolution as follows "After receiving and giving due consideration to written recommendations from the Chief of Police." It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Magee to designate the Planning Commission as the authority for determining public convenience and necessity, unless appealed, whereas the City Council would assume the responsibility to include the additional language provided by Captain Fetherolf. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER 13 NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC COMMENT(S) There were no public comments. CITY MANAGER COMMENT(S) City Manager Brady commented on the following: (1) Cool Centers -Community Action Partnership of Riverside County is coordinating Cool Centers to provide drop-in site for vulnerable individuals, seniors, the disabled and other in need of temporary relief from the heat. For further information please call Summer Energy Crisis Hotline at 1-888-636-8676. (2) Thursday, July 24th, Lake Elsinore Chamber of Commerce Business Mixer will be held at the Links at Summerly from 5:30 - 7:30 p.m. (3) Friday, July 25-26, Animal Friends of the Valley will be holding their Grand Reopening of Pup~y facility at 1:00 p.m. (4) Saturday, July 26t ,Lake Elsinore Cruise Day Car Show, from 5-8 p.m. on Main Street. (5) Thursday, July 31St, Farmers' Market from 4-7 p.m. at Main and Peck. (6) Thursday, July 31St, Movies in the Park, After Dark at 7:30 p.m. at Summerlake Park. (7) Saturday, August 2, Household Hazardous Waste Roundup, 9 a.m, to 2 p.m. at 521 N. Langstaff, adjacent to the City Yard. (8) Daily through August 8th, Aquatic Program at Lakeside High School Pool. For further information please call (951) 245-0442. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. 14 Mayor Pro Tem Kelley commented on the following: No comments. Councilmember Magee commented on the following: (1) Urged staff to assist the Historic Society and notify the new property owner the Machado adobe needs to be preserved. (2) September 27`h at 6 p.m. at the Pechanga Resort and Casino, Trauma Intervention will be holding their 4`h Annual Heroes with Heart Awards Dinner, a dinner honoring our police and fire fighters. For more information or to make a donation, please call Gina at 678-4509. Councilmember Buckley commented on the following: (1) Thanked his neighbors for their assistance and support, especially Jeff from across the street, the firefighters and investigators who were looking into who set his auto on fire. Mayor Hickman commented on the following: (1) Announced seniors 60 years and older making less than $41,000 are entitled to a property tax rebate. If interested, please call the senior center 674-2526. (2) Big Jims, formerly known as the Breakfast Club, opens August 1S`, moved to Grand and Corydon and makes an excellent meal. Mayor Hickman adjourned the meeting at 9:25 p.m. L HICKMAN, MAYOR CITY OF LAKE ELSINORE ATJ(EST: VIVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 15 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 12, 2008 CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1 a) Conference With Legal Counsel--Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case (1 b) Conference With Legal Counsel--Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 2 potential cases City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. The Regular City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE Greg Morrison led the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer. ROLL CALL - 7:00 P.M. PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Captain Fetherolf, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Community Development Preisendanz, Director of Parks and Recreation Gonzales, Fire Chief Hendershot, Planning Manager Weiner, Building Division Manager Chipman and City Clerk Munson. CLOSED SESSION REPORT - City Attorney Leibold stated City Council met in Closed Session to discuss anticipated litigation, pursuant to Government Code Section 54956.9, three potential cases. City Attorney Leibold indicated there was no reportable action. PRESENTATION/CEREMONIALS (2) Mayor Hickman announced he presented a Certificate of Appreciation to Bill Tiitto at the 4:00 p.m. Study Session. Mayor Hickman presented Certificates of Appreciation to Rodger Garrard and John Shook for their assistance in maintaining yards of foreclosed homes in their neighborhoods. (3) Mayor Hickman presented a proclamation to David Vermillion in memory of his father, former Councilman Robert A. Vermillion. (4) Brenda Denstedt from the Western Municipal Water District and Phil Williams from the EVMWD made a presentation to the City Council regarding the water efficient landscaping project and presented $5,000 towards the City's effort for the design of the project. (5) Mayor Hickman announced that Cal Trans had cancelled their presentation to the City Council regarding the Ortega Highway Safety Improvement Project due to budget constraints. 2 PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE George Alongi, resident, requested the City Council adopt a new policy of flying the flag in front of City Hall at half mast for one day to honor those who serve in this community and pass on. He requested this be done for Robert Vermillion. Mayor Hickman took a consensus of the Council and it was their consensus that the flag in front of City Hall be flown at half mast in memory of Robert Vermillion on Wednesday, August 13th. Chris Hyland, resident, spoke of her friend Bob Vermillion. Barbara Middlebrook, President of EVAN, announced the summer concerts, "A Music with a View", will be held at McVicker Park and begin at 7:30 p.m. on August 16tH 23rd and 30tH and September 6tH. She also thanked the City, Parks and Recreation Director Gonzales and Captain Fetherolf for all of their in-kind services provided to EVAN. She also thanked Mayor Pro Tem Kelley and Gary Kelley for what they have done for the concerts. Thomas Vose, Manager of the Lake Elsinore Library, provided a summary of the types of services and happenings at the Library. ~- Lorraine Watts, representing NAACP, announced they will be holding two candidate forums; one on Saturday, August 23rd at noon at the Library for State and Federal offices and on Saturday, September 27tH there will be a candidate's forum for local candidates. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 6 THROUGH 10 The following items were listed on the Consent Calendar for Council approval: (6) Warrant List Dated July 31, 2008 Recommendation: Authorize payment of Warrant List dated July 31, 2008. (7) Reauest to Waive City Fees and Grant an Exception to Serve Alcohol at the Music With a View Concert Series Recommendation: Approve request to waive City fees and grant the exception to serve alcohol at the Music with a View Concert series. (8) License Agreement Alberhill Ranch Sports Park Recommendation: Approve the License Agreement for Alberhill Ranch Sports ""' Park and authorize the City Manager to sign the agreement. 3 (g) Draft Parks and Recreation Master Plan Review Recommendation: Accept and file the Draft Parks and Recreation Master Plan. (10) Approval of CDBG Supplemental Agreement 2008-2009 Recommendation: Authorize the Mayor to execute the supplemental agreement with the County of Riverside for the use of Community Development Block Grant funds. It was moved by Councilman Buckley, and seconded by Mayor Pro Tem Kelley to approve Consent Calendar Items Nos. 6 through 10. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARING(S) (11) COUNCIL ADOPTS RESOLUTION NO. 2008-80; ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROPOSED COMMERCIAL RETAIL CENTER AND ADOPTS RESOLUTION NO. 2008-81; APPROVING COMMERCIAL DESIGN REVIEW NO. 2008-02 LOCATED AT 31800 MISSION TRAIL Mayor Hickman opened the public hearing at 7:28 p.m. Community Development Director Preisendanz presented the staff report. He indicated the proposed commercial retail center was located at 31800 Mission Trail next to the Stater Bros. Shopping Center. He indicated the shopping center will consist of two detached buildings which total approximately 22,770 sq.ft., and 18 individual suites. He noted by a 3-2 vote the Planning Commission approved to recommend the City Council approval of Commercial Design Review 2008-02. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. 4 There being none, Mayor Hickman closed the public hearing at 7:33 p.m. Councilman Magee requested information why the two Planning Commissioners dissented on the vote for this project. Community Development Director Preisendanz responded both Commissioners had voiced concerns regarding the truck traffic coming into the site and not being able to turn around towards the rear of the property. He indicated the Fire Department and the City's Engineering Division both approved the project. He also indicated one of the Commissioners desired to have an access off of Casino Drive, however, the applicant expressed some concerns with the elevation difference. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and adopt Resolution No. 2008-80, adopting findings of consistency with the Multiple Species Habitat Conservation Plan (MSHCP) for the proposed commercial retail center. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and adopt Resolution No. 2008-81, approving Commercial Design Review No. 2008-02 located at 31800 Mission Traif. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE 5 ABSENT: NONE ABSTAIN: NONE APPEAL(S) 12) COUNCIL DENIES THE APPEAL AND PERMITS THE PROPERTY OWNER TO PARK NO MORE THAN TWO COMMERCIAL VEHICLES AT ANY ONE TIME ON HIS PROPERTY UNTIL THE CURRENT BUSINESS LICENSE EXPIRES RECOGNIZING THAT COMMERCIAL ACTIVITY WILL NOT BE APPROVED THERE IN THE FUTURE WITHOUT A ZONE OR GENERAL PLAN AMENDMENT CHANGE AND HE MUST MAINTAIN THE PROPERTY AT ITS CURRENT STANDARD Building Division Manager Chipman presented the staff report. He indicated that it was staff's recommendation the City Council deny the appeal of the nuisance abatement and obtain clarification with the use of the business license. Edward O'Connel, Murrieta resident and representative for Mr. Rotellini, stated Mr. Rotellini left to Italy to be at the bedside of his very ill father and would not be able to attend the meeting. He indicated Mr. Rotellini conveyed his thanks to the Council for hearing his case and apologized for not attending. Councilman Magee indicated since Mr. Rotellini has maintained the property and since the City does maintain an active business license, he suggested asking Mr. Rotellini to continue to maintain the property in its current condition, and that he be permitted to park no more than two commercial vehicles at any one time on his property until the current business license expires that clearly states this will not be approved again and that residential property is no place for commercial vehicles. City Attorney Leibold indicated the current business license was issued March 3, 2008, and expires March 31, 2009. Councilman Buckley indicated it was still in a residential zone and the City cannot set that precedent. Mayor Hickman requested that Mr. Chipman check the property every couple of months to ensure the property is kept clean. It was moved by Councilman Magee, and seconded by Mayor Pro Tem Kelley to deny the appeal and permit the property owner to park no more than two commercial vehicles on his property at any one time until the current business license expires recognizing that commercial activity will not be approved there in the future without a zone or general plan amendment change and he must 6 maintain the property at its current standard. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE BUSINESS ITEM(S) (13) THE MAYOR WAS DIRECTED TO MEET WITH THE THREE HOMEOWNERS GROUPS AND FIND OUT WHAT TYPE OF ASSISTANCE THEY WOULD REQUIRE FROM THE CITY AND REPORT BACK TO COUNCIL Mayor Hickman indicated his concern was trying to salvage the trees and -- suggested placing mulch around the trees in lieu of watering the trees, have Council sign a letter asking each neighbor on each side of the home to throw a bucket of water on the mulch. He also suggested doing a study in three areas; Canyon Hills, Tuscany Hills and Rosetta Canyon because they have professional landscapers. Councilman Magee suggested the Mayor meet with the three homeowners groups and find out what type of assistance they would require from the City and report back to Council. Mayor Hickman indicated his goal was to not use any of the City's money, use the Youth Corp., community hours and some of the HOA's landscapers. Councilman Buckley inquired if Council encourage neighbors as part of a City program to go onto other people's property, foreclosed or not, does this color of authority of the City lead to liability exposure City Attorney Leibold responded she did not think so. She indicated the City cannot provide any kind of protection from any kind of action that might come. She indicated that type of action would be unlikely and did not think the City would incur any type of liability. 7 PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented/announced the following: 1) Thursday, August 14th, Farmer's Market, 4-7:00 p.m. being held at Main Street and Heald. 2) Thursday, August 14th, Blazin'August Nights, 3-7:OOp.m. being held at Storm Stadium, a custom car and chopper show. 3) Saturday, August 16th, August 23~d and September 6th, Music with aView - Concert in the Park, 7:30 - 9:30 p.m. at McVicker Park. 4) Sunday, August 17th NFL Fantasy Football Draft Party at the Diamond Club, 11:00 a.m. to 4:00 p.m. 5) Thursday, August 215, EWDC Luncheon from 11:30 a.m. -1:30 p.m. at the Diamond Club. 6) Saturday, August 23~d, Lake Elsinore Cruise Day -Car Show, 5:00 -8:00 p.m. on Main Street. 7) Thursday, August 28th, The State of Our City - 120th Anniversary, 5-7:00 p.m. at the Diamond Stadium, $25 per person, please RSVP by August 21 S', for more information call 674-3124, ext. 204. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: 1) Announced school starts Wednesday, and please to watch out for the school kids. 8 Councilmember Magee commented on the following: 1) Thanked City Manager Brady, Public Works Director/City Engineer Seumalo and Public Works Manager Payne for their actions and efforts during the recent earthquake. 2) He will be representing the County Transportation Commission with Senator Feinstein's Office at a meeting to discuss the importance of transportation funding for Riverside County. 3) Recognized the passing of former Councilman Robert Vermillion. He noted one may not have always agreed with Bob, he stated he did admire his passion for our community. He stated Supervisor Buster once referred to Mr. Vermillion as an "unstoppable force," and requested the Mayor close the meeting in his honor. Councilmember Buckley commented on the following: No comments. Mayor Hickman commented on the following: No comments. Mayor Hickman adjourned the meeting at 8:32 p.m. in memory of Bob Vermillion. L HI MAN, MAYOR CITY OF LAKE ELSINORE ATTEST: ~ _ ~. ~OIVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 9 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 26, 2008 CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (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 (1 b) Conference With Legal Counsel--Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 1 potential case City Attorney Leibold indicated any action taken during Closed Session would be reported during the regular portion of the meeting. The City Couhcil meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.MI PLEDGE OF ALLEGIANCE Bob Nichols led the Pledge of Allegiance. 1 INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer. ROLL CALL - 7:00 P.M. PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE Afso present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, City Treasurer Weber, Lieutenant Fontneau, Public Works Director/City Engineer Seumalo, Director of Community Development Preisendanz, Director of Parks and Recreation Gonzales, Planning Technician Bitterolf and City Clerk Munson. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss anticipated litigation, pursuant to Government Code Section 54956.9, of two potential cases. City - Attorney Leibold indicated there was no reportable action. PRESENTATION/CEREMONIALS (2) Mayor Hickman presented Certificates of Appreciation to Tim Fleming and Jim Brady for their assistance in maintaining yards of foreclosed homes in their neighborhoods. (3) Mayor Pro Tem Kelley presented a Certificate of Recognition to Abigail Heiselt for her altruistic deed in providing food for the animals that lost their homes in the animal shelter fire. (4) Art Rivas from U.S. Vets made a presentation to the City Council regarding public awareness of Veterans issues and their programs for Vets at March Air Force Base. He also thanked the City Council and the residents of Lake Elsinore for all of their assistance provided to the vets at March Air Force Base. (5) Gloria Musser, Owner of Dolphin Pool & Spa representing the Lake Elsinore Valley Chamber of Commerce provided an update on the Chambers' activities. 2 PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE George Alongi, Canyon Lake resident, expressed his concerns with the vandalism occurring with the candidates' signs and offered a $500 reward for the capture of any person damaging or destroying campaign signs. Barbara Middlebrook, President of Elsinore Valley Arts Network, announced the last two Concerts of the Park were occurring on Saturday, August 30~n and on September 6m at McVicker Park and will start at 7:30 p.m. She noted the last concert will be the Inland Valley Symphony. Alex Lopez, resident, stated he represented the Hispanic families in the City and expressed their concern with the Border Patrol raids recently occurring in the City. Debbie McClay, non-resident, expressed her concern and spoke in opposition to the Border Patrol raids occurring in the City and expressed the terror that is occurring in the City with Hispanic families. James Brady, resident, expressed his concern with the Hispanic individuals protesting and demonstrating on Main Street; inquired if these people had a permit to demonstrate, and inquired why a Police Officer was not present during the protest that (~ lead him and his family to eat dinner in Temecula. Chris Hyland, resident, expressed her concerns with the election shenanigans and the acts of violence candidates are having in the City. Jennaya Dunlap, resident of Perris, expressed her concerns with the Border Patrols random raids that are causing hard working residents of the City to be terrified to leave their homes and send their children to school. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 6 THROUGH 15 The following items were listed on the Consent Calendar for Council approval: (6) Minutes of the Following Meeting(s a) Joint City Council/Redevelopment Agency Study Session -July 22, 2008. b) Joint City Council/Redevelopment Agency Study Session -August 12, 2008. c) Regular Meeting -.July 22, 2008. d) Regular Meeting -August 12, 2008. (7) Warrant List Dated August 14. 2008 Recommendation: Authorize payment of Warrant List dated August 14, 2008. 3 (8) Investment Report -July 2008 Recommendation: Receive and file. (9) Approval of Final Map No. 31839 Recommendations: a) Approve Final Map No. 31839 subject to the City Engineer's acceptance as being true and correct. b) City Council authorizes the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 31839. (10) Restated and Amended Joint Exercise of Powers Agreement for the Steven's Kangaroo Rat (SKR) And Errata Thereto Recommendations: a) Approve the Restated and Amended Joint Exercise of Powers Agreement. b) Approve the Errata Sheet for the Restated and Amended Joint Exercise of Powers Agreement. (11) Resolution Opposing Fiscally Irresponsible State Budget Decisions That Would r "Borrow" Local Government, Redevelopment and Transportation Funds Recommendation: Waive further reading and adopt Resolution No. 2008-82, opposing fiscally irresponsible state budget decisions that would "borrow" local government, redevelopment and transportation funds. (12) Construction Contract Award for Interchange Improvements at Interstate I-15 and Central Avenue (SR-74) Recommendations: a) Award the Interchange I-15 and Central Avenue (SR-74) Improvements to Ortiz Enterprises Inc. for $2,896,561.30. b) Authorize the Mayor to execute the contract with Ortiz Enterprises, Inc. (13) Authorization to Amend an Existing CEQA Contract with HDR, Inc. for the Protect Known as "Watersedge" Recommendation: Staff recommends the City Council authorize the City Manager to amend the existing HDR contract for an additional $78,000 for an updated contract total not to exceed $295,341. (14) Appointment of Approving Bodv for Determinations of Public Convenience and Necessity for the Department of Alcoholic Beverage Control Recommendation: Waive further reading and adopt Resolution No. 2008-83, designating the Planning Commission as the authority for determining Public 4 Convenience and Necessity and authorizing the City Clerk or Director of Community Development to issue letters of Public Convenience and Necessity after a determination is made. (15) General Plan Update Recommendation: Receive and file. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Buckley to approve Consent Calendar Items Nos. 6 through 15. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARING(S) There were no public hearings. BUSINESS ITEM(S) (16) CITY COUNCIL AWAR Public Works Director/City Engineer Seumalo presented the staff report. He indicated the item before City Council was consideration of awarding a contract for the construction of the fire station and community park in the Rosetta Canyon area. He indicated the project included the construction of basketball courts, a baseball field, tennis courts and a fire station building. He indicated staff is continuing working with the contractor in anticipation of bringing forward a change order at the next meeting which will reflect some changes to this project which staff is recommending awarding to Perera Construction. It was moved by Councilman Schiffner, and seconded by Councilman Buckley to award Rosetta Canyon Fire Station and Park to Perera Construction and Design 5 Inc. for $7,451,000 and authorize the Mayor to execute the contract with Perera Construction and Design Inc. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (17) COUNCIL ADOPTS RESOLUTION NO. 2008-84. ADOPTING THE FINDINGS ZCIAL DESIGN .TED ("'~ MISSION TRAIL CENTER Director of Community Development Preisendanz presented the staff report. He reported the architecture of the project will match the architecture of the existing shopping center which has been recently renovated. He stated the project has also been conditioned to include canvass canopies at the drive thru windows and less articulation at each walk-up window. Mayor Pro Tem Kelley stated she was not happy with the design. It was moved by Councilman Schiffner, and seconded by Councilman Magee, to adopt Resolution No. 2008-84, adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE 6 ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Schiffner, and seconded by Councilman Magee, to adopt Resolution No. 2008-85, approving Commercial Design Review No. 2008- 08. The following vote resulted: AYES: COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: MAYOR HICKMAN MAYOR PRO TEM KELLEY ABSENT: NONE ABSTAIN: NONE PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented/announced the following: 1) Thursday, August 28`", Farmers' Market, Historic Downtown Lake Elsinore at Main and Peck Street from 4-7:00 p.m. 2) Thursday, August 28`h, Blazin' August Nights at the Storm Stadium from 3-10:00 p. m. 3) Thursday, August 28`h, the State of The City at the Diamond Stadium from 5-7:00 p.m. Tickets are $25 per person which includes a ticket to the game. 4) Saturday, August 30`h, Music with aView -Concert in the Park at McVicker Park from 7:30-g:30 p.m. 5) Saturday, September 6`h, Music with aView -Concert in the Park at McVicker Park from 7:30-9:30 p.m. CITY ATTORNEY COMMENTS No comments. 7 CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: 1) Requested the City Manager explain the City's involvement with the INS raids in the City. City Manager Brady indicated the City was not involved in this process and indicated the Border Patrol, as a regular part of their routine operations, was enforcing federal law which the City stands behind and supports. Mayor Pro Tem Kelley commented on the following: No comments. Councilmember Magee commented on the following: 1) Indicated the Border Patrol and ICE are both Federal Agencies enforcing federal j law and indicated no one who is obeying the law should ever live in fear in this 1 ( Country or City. He stated he received complaints from residents on Poe and Riley Streets that laborers were diving in their backyards who were trying to evade these law enforcement entities and indicated those people were afraid too. He indicated if those people who were opposed to the Border Patrol actions want results, they need to attend the Democratic and Republican conventions and change the laws. Councilmember Buckley commented on the following: No comments. Mayor Hickman commented on the following: 1) He explained he had asked Fred Dominguez and Miguel at the bakery to go down and get the day laborers off of Main Street and to please move down to Spring Street, but with no lasting results. He indicated a month and a half later, he again asked Miguel and Fred to speak to the laborers again and ask them to move over to Spring Street, and again no results. He indicated he then contacted Congressman Issa's Office. He noted since then, he has received e- mails of 100 and some supporting his actions and zero against. 2) Announced seniors 60 years and older making less than $41,000 are entitled to a property tax rebate. If interested, please call the senior center 674-2526. 8 r- Mayor Hickman adjourned the meeting at 7:51 p.m. =LLEY, MAYOR PRO TEM LAKE ELSINORE / A VIVIAN M. MUNSON, CITY CL CITY OF LAKE ELSINORE ~' f 9 MINUTES I CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 9, 2008 CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Pro Tem Kelley at 5:00 p. m. ROLL CALL PRESENT: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: MAYOR HICKMAN CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: One potential case (1b) CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code Section 54957.6) City designated representative: City Manager Brady Employee Organization: United Public Employees of California, LIUNA Local 777 City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. The Regular City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) City Council reconvened the meeting at 7:06 p.m. 1 PLEDGE OF ALLEGIANCE Captain Fetherolf led the Pledge of Allegiance. INVOCATION.- MOMENT OF SILENT PRAYER Mayor Pro Tem Kelley led the meeting in a moment of silent prayer. ROLL CALL - 7:00 P.M. PRESENT: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: MAYOR HICKMAN Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, City Treasurer Weber, Captain Fetherolf, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Community Development Preisendanz, Director of Parks and Recreation Gonzales, Fire Chief Hendershot, Planning Technician Bitterolf and City Clerk Munson. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss one potential case of anticipated litigation, pursuant to Government Code Section 54956.9, and conference with the City Labor negotiator, pursuant to Government Code Section 54957.6. City Attorney Leibold indicated there were no reportable actions. PRESENTATION/CEREMONIALS Captain Fetherolf introduced Captain Joe Cleary who will be replacing him as Captain for the City of Lake Elsinore. He indicated he has invested four years plus with the City and with very mixed emotions has accepted the promotion of Chief Deputy. He noted the City Manager, Assistant City Manager and staff have been some of the finest people he has worked with and for, and the highlight of his professional career. Captain Cleary stated he was excited for the opportunity to be the Chief in the community and provided a brief history of his time in the County and Department. Councilman Magee recognized Chief Fetherolf. He stated Captain Fetherolf is a Renaissance man because of his varied and diverse interests; a book writer, a book editor, a banjo player, a scholar with aPhD, aRotarian-putting service above self, and an Advisory Board Member to the Trauma Intervention Programs of Southwest Riverside County. He stated the City will continue to reek the benefits of his impact of our community. He noted Chief Fetherolf has reduced the response times and has worked to target drugs and gangs in the community. He stated his work in the community has saved lives; the City is loosing its protector, our champion of public services, and a friend to this community, he wilt be missed and thanked him for his service. Mayor Pro Tem Kelley stated Chief Fetherolf is an inspiration to all of us; she has enjoyed their friendship throughout the years, and has admired everything he has done, and stated he will be missed sorely. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE Donna Francin, President of the Lake Elsinore Citizen Committee, announced the Lake Elsinore Valley Chamber of Commerce along with the Lake Elsinore Citizen Committee will be holding a Candidates' Forum on Monday, September 29`" from 6-10 p.m. at the Diamond Club. She also stated she will miss Chief Fetherolf. Peter Dawson, LEMSAR, announced a water craft dash will be held on Saturday on the lake at 8:00 a.m., and is a water craft event for kids. He noted for further information, contact 609-3623. He also stated Captain Fetherolf will be missed by him, LEMSAR and U.S. Coast Guard. rl Kim Cousins, President of the Lake Elsinore Valley Chamber of Commerce, announced Lake Elsinore Valley Chamber of Commerce and the Lake Elsinore Storm will be holding a Candidates' Forum on Monday, September 29`" from 6-10 p.m. at the Diamond Club. He also stated the business community will miss Chief Fetherolf. Mike Matthews, resident, thanked Councilman Magee for visiting his neighborhood to talk. to some of the affected residents and to see first hand the issues they are experiencing. He noted there are still problems with water that is saturating into the soil that is flowing down into their neighborhood. He announced they have set up a web site www.waterlogged.info to get assistance from the community to identify solutions to the problems they have been experiencing. Dora Munoz, resident, thanked Councilman Magee for trying to solve their problems, addressed the continue water problems in her neighborhood and reported a new problem of neighbors fighting in the apartments. She indicated they need more help. James Brady, resident, requested a response in whether or not there is a ordinance against assembly in the City and if there is not, he indicated there should be. COUNCIL APPROVES CONSENT CALENDAR ITEM NOS. 2 THROUGH 7 The following items were listed on the Consent Calendar for Council approval (2) Minutes of the Following Meeting(s) 3 a) Joint City Council/Redevelopment 2008. b) Regular Meeting -August 26, 2008. Recommendation: Approve as submitted. I f (3) (4) (5) (6) (~) Warrant List Dated August 28, 2008 Agency Study Session -August 26, Recommendation: Authorize payment of Warrant List dated August 28, 2008. Request For Waiver to Serve Alcohol at the Oktoberfest Event Recommendation: Approve the request from the Rotary Club for waiver of Lake Elsinore Municipal Code Sections 8.40.040(A) and 9.28.030 and allow alcohol to be served during the Oktoberfest event. Commercial Design Review 2008-08 for Cuoov's Coffee Kiosk Located in the Mission Trail Center Recommendation: That the City Council confirm unanimous approval of Resolution No. 2008-84, adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). Award of Contract -Street Slurry Seal Recommendation: The City Council authorize the City Manager to execute a maintenance contract agreement with Doug Martin Contracting Company for application of slurry seal to City streets for a term of one year commencing from the date of execution, and can be extendable in one year increments up to three years, with approval of the City Manager. Rosetta Canyon Fire Station and Park -Contract Award Change Order No. 1 Recommendations: a) Approve project Change Order No. 1. b) Authorize the Mayor to execute the contract change order. It was moved by Councilman Buckley, and seconded by Councilman Schiffner to approve Consent Calendar Item Nos. 2 through 7. The foNowing vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER 4 NOES: NONE ABSENT: MAYOR HICKMAN ABSTAIN: NONE PUBLIC HEARING(S) There were no public hearings. BUSINESS ITEM(S) There were no business items. CITY MANAGER COMMENTS City Manager Brady commented/announced the following: (1) Saturday, September 13, Lake Elsinore Watercraft Dash at Seaport Launch and for registration contact David Pulley at (951) 609-3623. (2) Tuesday, September 16, EWDC is having a luncheon with Dr. Husing speaking at the Diamond Club. Admission is $40 for members and requires reservations. (3) Friday, September 19, COPS 4 Kids Fundraiser at the Links at Summerly Golf Course. (4) Thursday, September 25, EDC Quarterly Luncheon at The Storm Diamond Club, from 11:30 -1:00 p.m. (5) Announced he will be meeting with Mr. Matthews along with Public Works Director/City Engineer Seumalo out in the field to.understand the issues. (6) Welcomed new Captain Cleary. (7) Thanked Captain Fetherolf for his input and direction he provided on the City and the good things he has done for this community and congratulated him on his promotion. CITY ATTORNEY COMMENTS City Attorney Leibold congratulated Captain Fetherolf on his promotion and indicated he will be missed. CITY TREASURER COMMENTS City Treasurer Weber wished Captain Fetherolf good luck and thanked him for his outstanding leadership. li 5 CITY COUNCIL COMMENTS Councilmember Buckley commented on the following: (1) Councilman Buckley inquired if the City Treasurer candidates will participate in the Candidates' Forum at the Diamond. Kim Cousins responded they were not participating. (2) Thanked the Chief for his years of service, agreed with all of the accolades given him and welcomed the new Captain. Councilmember Magee commented on the following: No comments. Councilmember Schiffner commented on the following: (1) Appreciated the service Chief Fetherolf has provided as Chief of Police and stated he will be missed. ~; Mayor Pro Tem Kelley commented on the following: I, No comments. Mayor Prd Tem Kelley adjourned the meeting at 7:36 p.m. HICK AN, MAYOR CITY OF LAKE ELSINORE ~- ATTEST: I/, VIVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 6 (~I MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 23, 2008 CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p:m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: One potential case (1 b) CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code Section 54957.6) City designated representative: City Manager Brady Employee Organization: United Public Employees of California, LIUNA Local 777 City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. The City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.MI City Council reconvened the meeting at 7:04 p.m. 1 Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, City Treasurer Weber, Captain Fetherolf, Captain Cleary, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Finance Manager Riley, Fire Chief Hendershot, Director of Community Development Preisendanz, Planning Manager Weiner and City Clerk Munson. PLEDGE OF ALLEGIANCE Joyce Smith led the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss one potential case of anticipated litigation, pursuant to Government Code Section 54956.9, and indicated there was no reportable action. In addition, the City Council met in Closed Session to discuss conference with the City r Labor negotiator, pursuant to Government Code Section 54957.6. Counsel indicated in connection with certain budgetary constraints and anticipated layoffs, the City Council did authorize a severance package of four weeks severance to all affected employees and to those employees affected employees who currently receive health benefits, those benefits will continue and will receive medical, dental and vision through the end of the year, December 31, 2008. Counsel also noted in addition, the City Council authorized the City Manager to enter into a furlough program with the City employees. PRESENTATIONICEREMONIALS (2) Mayor Hickman presented a proclamation to Cathy Mayhall in recognition of Mayhall Printing. (3) Mayor Hickman presented a proclamation to Maryann Olson in recognition of RELAY FOR LIFE. Ms. Olson also announced RELAY FOR LIFE will be held October 11~h and 12~h at Canyon Lake Middle School, a 24-hour event that starts at 9:00 a.m. (4) Mayor Hickman presented a proclamation to Thomas Vose, Branch Manager of Elsinore Library and Leiloni Purcell, President of Friends of the Library in recognition of Lake Elsinore Library's 100`h Anniversary. 2 (5) Mayor Hickman presented a proclamation to Leticia Plummer and Beth Torez of I the Assistance League of Temecula Valley in recognition of Operation School Bell. (6) Mayor Hickman presented a Certificates of Appreciation to Jeanie Corral for the 5-K Run, and Janna Kaas and Kathe Aniol for the parade related to their contributions to Unity in the Community. (7) Tony LoPiccolo, representative of the Lake Elsinore Valley Chamber of Commerce provided the City Council with an update of Chamber activities. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE Jeanie Corral, Unity Parade Committee representative, provided the City Council with a flyer on the 12`h Annual "Put the Unity in Community Parade", Saturday, November 22 at 10:00 a.m. Joyce Hphendal, Lake Elsinore Citizens Committee announced the Lake Elsinore Valley Chamber of Commerce will be holding a candidates forum Monday, September 29`" at the Lake Elsinore Storm Clubhouse at 6:00 p.m. Ruth Atkins, announced the Downtown Merchants Association and the Lake Elsinore Historical Society is inviting all of the friends of Mayhall Print Shop to a reception Friday, September 26th from 5-7:00 p.m. at Flour Fusion on Main Street. COUNCIL APPROVES CONSENT CALENDAR ITEM NOS. 8 THROUGH 16 The following items were listed on the Consent Calendar for Council approval (8) Minutes of the Following Meetings a) Joint City Council/Redevelopment Agency Study Session -May 22, 2008. b) Joint City Council/Redevelopment Agency Study Session -September 9, 2008. c) Regular Meeting -September 9, 2008. Recommendation: Approve as submitted. (9) Warrant List Dated September 15, 2008 Recommendation: Authorize payment of Warrant List dated September 15, 2008. (10) Investment Report -August 2008 Recommendation: Receive and file. 3 (11) Purchase of Leica TCRP1205+ Robotic Tracking Total Station for Collision Scene Documentation I Recommendations: a) Approve the purchase of the Leica RCRP1205+ Robotic Total Station and related equipment. b) Approve the expenditures in the amount of $29,818.52 to Servco Surveyors Service Company from the Lake Elsinore Traffic Offender Fund. (12) General Plan Update Recommendation: Receive and file. (13) I-15/Railroad Canyon Road and I-15/SR-74 Interchange Update Recommendation: Receive and file report. (14) Construction Contract Award for Grand Avenue Recommendations: a) Aware the Grand Avenue Pavement Rehabilitation to D & L Wheeler Enterprises in the amount of $257,451. b) Authorize the Mayor to execute the contract with D & L Wheeler Enterprises. (15) Request for Waiver of Fees for Use of the Cultural Center for a Candidates' Forum Recommendation: Approve request for fee waiver for the use of Cultural Center for a Candidates' forum. Councilman Buckley noted the NAACP contacted him at based on a conversation, the use of the facility will be from 11:00 a.m. to 4:00 p.m. (16) Agreement with Home Depot U.S.A. for Reimbursement of the Cost of Engineering and CalTrans Permitting Services Relating to the Interim Interchange Improvements at SR-7411-15 -Change Order No. 1 Recommendations: a) Approve the project Change Order No. 1 with Home Depot U.S.A. in the amount of $227,902.60. b) Authorize the City Manager to execute the contract change order with Home Depot U.S.A. It was moved by Councilman Buckley, and seconded by Mayor Pro Tem Kelley to approve Consent Calendar Item Nos. 8 through 16. 4 The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: MAYOR HICKMAN (Items 8b & 8c) PUBLIC HEARING(S) There were no public hearings. APPEAL(S) (17) Community Development Director Preisendanz presented the staff report. He indicated the Planning Commission voted 3-2 to deny the appeal and uphold his action and felt this project did not meet the design guidelines. Axel Zanelli, Chairman of the Planning Commission, requested the City Council to uphold the Planning Commissions' decision in supporting the Community Development Director's decision to deny the appeal. He noted the homes that are being built today, will be in the City for the next generations and to take a step back in time is not in the best interest of the City. He indicated the focus should be on getting the foreclosed homes filled and restore our neighborhoods to the quality they were before this time. He indicated with 1,000 empty homes and for the City to lower its standards to build another 98 homes in the next two years, would not be in the best interest of the City. Ron Geier, representative of K. Hovnanian Homes, 32541 Juniperberry, Temecula, indicated there is a consistent misunderstanding as to what they are requesting. He indicated they are to continue building the same product that is currently selling within the La Laguna Specific Plan. He noted there is no request 5 from them to take a reduction in square footage or any reduction in architectural elements on those homes. He indicated what they are specifically asking is that they are allowed to continually pull permits, and to continue to build the homes that are successfully selling through this turbulent market. He also noted they are asking to continue to build through the 98 lots, to build a four model complex further up the elevation of the mountain with two of those homes sites to be left vacant and to be left as hold outs. Yossi Aoudel, Legal Counsel for K. Hovnanian Homes, 800 N. Haven Ave., Suite 320, Ontario, spoke in opposition of the denial. He noted should the project be approved, they request two things of the Council 1) they request that the City Council provide specific instructions as to how the project will continue, and 2) that the City Council have special meetings to adopt resolutions to approve the project because they are incurring substantial cost and expense everyday that the project is idle, somewhere between $13,000 - $15,000 per day. Councilman Schiffner made a motion for Council to approve construction of 50 of these homes with the same architecture and felt, because of the economy, it was not the time to ask developers for improvements to raise the bar, and when those homes are done, they Council will take another look at the project. There being no second, motion died. Mayor Pro Tem Kelley inquired how many homes would be built a month. Ron Geier, responded three homes a month. Mayor Pro Tem Kelley indicated she wanted to do what she believes is right and in the best interest of the residents and noted Council is setting a precedence with this project which is a first of several builders who want to downsize their projects, build smaller homes, go back to 2004 prices, and compete with foreclosures. She noted the economy is temporary and these homes are permanent and stated she-will support the Planning Commission's decision. Councilman Magee indicated economic viability is a business decision and the City's is not here to bail anyone out. He noted this project is clearly a higher level of quality construction and enhancements that was available to our residents in 1990 and indicated Phase VI will have to be truly special and raise the bar and be different from what is being presented now. City Attorney Leibold indicated the design review application corresponds to the tract map, and if there is an approval of a lesser number of units cause complications and for Council to consider how this works when subdividing the application. Ron Geier, responded he was not certain if this was economically viable and 6 expressed concern with the turnaround time and the processing of the conditions and spread the cost of the models park over 50 homes as opposed to over 98 homes. City Attorney Leibold indicated if the majority of the Council wants to approve the appeal and uphold the design review application, and overturn the Planning Commission's decision, if sufficient direction is provided with respect to these findings and delegate to staff the job of fashioning the conditions, then the resolution can be prepared and be effective tonight. She noted-staff indicated that changing the number of homes would be too tall of a task and not certain if this could be accomplished tonight. Community Development Director Preisendanz indicated it would be easier to approve the balance of the tract then to phase it and would take more review to ensure it is phased properly. Mayor Hickman indicated K. Hovnanian borrowed $35,000,000 and have wasted $1,000,000 in interested trying to get this project though for 98 homes. He indicated the City needs their business because of the budget, nine employees being laid off because of the lack of permits, and the decrease in sales tax and property tax. He also indicated if they can build the same thing and it is not lower in bar they have his blessing. City Attorney Leibold indicated with respect to the motion on the floor, in order to approve the design review, there needs to be certain findings incorporated, those findings needs to include the goals and objectives of the General Plan and La Laguna Estates Specific Plan, complies with the findings and applicable provisions of the Design Review provisions of the Municipal Code, which include appropriate scale and spatial relationship of structures, the design concept complements neighboring properties, the exterior materials are of quality appropriate screening and fencing, there is appropriate privacy with respect to lots and placement of units on the lot. She indicated the motion should include, not only those findings that were stated, but include the conditions of approval to include with the recommendation that but a delegation of authority to the Community Development Director to fashion appropriate conditions. It was moved by Councilman Schiffner, and seconded by Mayor Hickman to approve the appeal and uphold the design review application for the 98 homes, and overturn the Planning Commission's decision to include the stated conditions and the instructions to staff. The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN MAGEE COUNCILMAN SCHIFFNER 7 NOES: MAYOR PRO TEM KELLEY j COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE COUNCIL RECESSED THE MEETING AT 8:18 P.M. /- COUNCIL RECONVENED THE MEETING AT 8:23 P.M. BUSINESS ITEM(S) (18) City Manager Brady presented the staff report. He indicated the items before the City Council are proposed adjustments to the City's fiscal 2008/09 budget which a number of the items were discussed during a study session on September 18`". Administrative Services Director Pressey indicated the City is faced with certain iii budgets adjustments that will need to be made. He noted sales tax, property tax and general revenues are down $1.1 million, and development related revenue ~ and fees are down $1.5 million. He reviewed some of the issues discussed at the budget study session on the 18~" of September and the suggested budget adjustments to include Council directions. He indicated there is a $2.158 million short-fall in revenue, which is being supplemented with the rainy day fund, an additional $103,900 for a total of $572,500. He also noted the Police Department non-personnel department cuts totaled $1.3 million, and the staff work force agreed to one furlough day of $181,000, and management $76,000 and a variety of other personnel adjustments being made. Administrative Services Director Pressey commended City staff for willing to give back with a furlough which speaks volumes to their commitment and acknowledged the City Manager for his leadership, compassion, strength of character in taking care of the City through these troubled times. Daniet Uhlry, resident, commended the City Council and inquired if the State was going to take any further monies from the City. Councilman Buckley responded the State will be taking $1,442,073 from the Redevelopment Agency. (° Mayor Pro Tem Kelley commended staff for putting their heads together and coming up their ideas to reduce budget expenses. 8 Councilman Buckley indicated the $5.5 that will be coming from the RDA through year three could also include not just cash, but could include payments to the City via capital expenditures that the RDA is able to make. Councilman Magee recognized management and staff for their work during these difficult times. He inquired about the status of the lake fund suspension. City Manager Brady responded he and the General Manager of the EVMWD have had some conversations and are looking at $325,000 or hopefully the entire $650,000 any of which has to be approved by the Board Members. Councilman Magee noted the reductions do not take any Police Officers off the street and no reductions in code enforcement services. He also recommended the City accept the 6% pay reduction offered by the contract employees provided that a caveat that their non-billable time not exceed 15%. He also noted their contributions to the City have been significant. He also recognized staff for accepting the furlough days and agreeing to a 6% cut in pay and chose to do that to be part of the team and to be commended for their sacrifice. Councilman Buckley noted the monies for the E-Gov Initiative have been taken out but indicated that was ok because it was not ready. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to approve the revenue and expenditure budget adjustments as presented in the report. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY MANAGER COMMENTS City Manager Brady commented/announced the following: (1) Thursday, September 25, Lake Elsinore Valley Chamber of Commerce will be holding their Business Mixer at Samaria Salon, 265 San Jacinto River Road, 9 from 5:30 -7:30 p.m. (2) Thursday, September 25, EDC Quarterly Luncheon at The Storm Diamond Club, ' from 11:30 -1:00 p.m. (3) Saturday, September 27, TIP Heroes with a Heart at Pechanga Resort & Casino at 6:00 p.m. (4) Saturday, September 27, NAACP will be hold a candidate's forum at the Cultural Center from noon to 3:00 p.m. (5) Monday, September 29, Chamber of Commerce will be hold a candidate's forum at the Diamond Club from 6-10 p.m. (6) October 2 through 5, Toxic Terrors at the Haunted Stadium, 7:00 p.m to midnight at the Diamond Stadium. (7) Saturday, October 4, Oktoberfest at McVicker Park from 10:00 a.m. to 8:00 p.m. (8) Saturday, October 4, Household Hazardous Waste Collection, from 9 a.m. to 2:00 p.m. at 521 N. Langstaff (adjacent to the City Yard) CITY ATTORNEY COMMENTS. No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Buckley commented on the following: Thanked all those who Councilmember Magee commented on the following: No comments. Councilmember Schiffner commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: Mayor Hickman adjourned the meeting at 8: 50 p.m. 10 ATTE T: ~~ ;CAROL COWLEY, INTRIM;CI CLERK CITY OF LAKE ELSINORE ~~ 11 DA L KMAN, A R CITY OF LAKE ELSINORE MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 14, 2008 ******#*#**####****##**###*###'/f**1Hr##*****#f4#*********#*il*Yr##*********k********#*###*##*********#### CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 5:22 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1a) CONFERENCEWITH REAL PROPERTY NEGOTIATORS (Gov't Code Section 54956.8) Properties: APNs 363281024-3, 363540003-4, 373061009-3, 373082021-8, 373083020-0, 373132052-0, 373132053-1, 373132059-7, 373133001-7, 373133002-8, 373134024-1, 373134026-3, 373135019-0, 373152001-6, 374043014-8, 374262004-6, 374262011-2, 375031023-6, 375042027-4, 375152048-3, 375152049-4, 375201019-8, 375201020-8, 375223037-2, 375274009-5, 375274010-5, 375274046-8, 375293023-6, 375293029-2, 375293030-2, 375321006-7, 375321030-8, 375321031-9, 375321032-0, 375321033-1, 375321054-0, 375324010-9, 378055055-0, 378100008-7, 378100017-5, 378157040-1, 378182017-9, 378182018-0, 379191004-2. City/RDA negotiator: City Manager /Executive Director Brady Negotiating parties: Redevelopment Agency, City of Lake County of Riverside, et al. Under negotiation: Price and terms of payment 373062006-3, 373132058-6, 373134025-2, 374072026-9, 375042028-5, 375223036-1, 375274047-9, 375321029-8, 375321053-9, 378100009-8, 378182035-5, Elsinore, and the (1b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 379-204-016-2 City negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and Lillian Galiana Under negotiation: Price and terms of payment (1c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 375-264-019-3 City negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and James H. Harker and Stelca A. Somerville Under negotiation: Price and terms of payment (1d) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code Section 54957): City Clerk City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. The City Council meeting was recessed into Closed Session at 5:23 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) City Council reconvened the meeting at 7:03 p.m. Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, City Treasurer Weber, Captain Fetherolf, Captain Cleary, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Fire Chief Hendershot, Acting Director of Community Development Weiner and City Clerk Munson. PLEDGE OF ALLEGIANCE Rocco Melendez led the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss four items identified on the agenda as Items 1a through 1d. The first three items involves real property negotiations pursuant to the authority of Government Code Section 54956.8. 2 Item 1(a) involves many parcels that are identified on the Agenda which are tax defaulted properties owned by the County. The negotiating parties are the City, the Redevelopment Agency and the County of Riverside. Under negotiation are price and terms of payment. There is no reportable action on that item. Item No. 1(b) also real property negotiations involve parcel number 379-204-016-2. Negotiating parties are the City and the owner Lillian Galiana. Under negotiation is the price and terms of payment. There is no reportable action on that item. Item 1(c) involves property along Wilson Way. The parcel number is identified on the Agenda and the negotiating parties are the City and the owners James H. Harker and Stelca Somerville. Under Negotiation is the price and terms of payment. There is no reportable action on that item. The fourth and final action involved public employee performance evaluation pursuant to Government Code Section 54957. The evaluation was of the City Clerk. It is my obligation to report tonight that Vivian Munson has submitted a letter of resignation and the City Council has unanimously accepted that letter of resignation effective immediately. PRESENTATION/CEREMONIALS (2) Mayor Hickman presented a proclamation to Vicky Figueroa on behalf of the Inland Empire Race for the Cure in recognition of the Susan G. Komen Race for the Cure. Vicky encouraged people to come out and thanked Council for the proclamation. (3) Mayor Hickman presented Certificates of Recognition to Corporal William Cuddy, Deputy Robert Wilson, Deputies John Juarez and Joseph Sinz, and CSO Miriam- Shumway, the Lake Elsinore Police Department Trauma Intervention Heroes with Heart recipients. Each of the recipients briefly thanked the City Council for the recognition and the City Council's continued support of the department and its officers. (4) Mayor Hickman presented the City of Lake Elsinore's Dream Extreme Outstanding Business of the Quarter award to the Links at Summerly, the City's golf course. Stan Gonzales, golf pro and Maryanne Melvroe, Food and Business Director for the Links expressed their appreciation for the recognition. (5) The City Council received a presentation from Nico Melendez, Spokesman for the U.S. Department of Homeland Security. Mr. Melendez acknowledged the law enforcement officers who were previously recognized. Mr. Melendez presented a slide presentation on the Ready Campaign, a public service campaign produced by the Department of Homeland Security providing residents with information on (- the steps to be taken in preparation of a catastrophic disaster. Mr. Melendez L advised how the City can assist with disaster situations. 3 ,~: ~ . (6) Mayor Hickman presented a proclamation to Ray Gonzales, Director of Parks and Recreation in recognition of Arbor Day. Director Gonzales accepted the proclamation and thanked the Council for proclaiming Arbor Day advising that the proclamation was the first step in becoming recognized as a TREE CITY USA. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Chris Hyland, a City of Lake Elsinore resident, expressed her opinion on the unethical practices of demolishing campaign signs during elections. She also discussed the bombing of a candidate's car. COUNCIL APPROVES CONSENT CALENDAR ITEM NOS. 7 THROUGH 17 The following items were listed on the Consent Calendar for Council approval: (7) Minutes of the Following Meeting(s) a) Joint City Council/Redevelopment Agency Study Session -September 23, 2008. b) Regular Meeting -September 23, 2008. Recommendation: Approve as submitted. (8) Warrant List Dated September 30. 2008 Recommendation: Authorize payment of Warrant List dated September 30, 2008. (9) Claims against the City Recommendation: Reject the claims listed and direct the City Clerk's Office to send a letter informing the claimants of the decision. (10) Second Amendment to Janitorial Services Contract Recommendation: Authorize the City Manager to sign the Second Amendment to Service Contract for janitorial services for City parks and facilities with A & A Janitorial. {11) Second Amendment to Parks Landscape Maintenance Contract Recommendation: Authorize the City Manager to sign the Second Amendment Parks Landscape Contract with CTAI Pacific Greenscape to provide park landscape maintenance service to the City of Lake Elsinore. I (12) Refund Lake Management Fund Deaosit for FY 2008/09 4 ~I Recommendation: Approve the refund of the $650,000 Lake Maintenance Fund deposit for FY 2008-09. (13) Approval of License Agreement for Use of Old Library Building with California Family Life Center Recommendation: Approve the License agreement for the Old Library Building with California Family Life Center and authorize the City Manager to sign the agreement. (14) Approval of South Coast Air Quality Management District Lease Renewal Recommendation: Authorize the City Manager to execute the contract renewal with South Coast Air Quality Management District extending their lease agreement another five years. (15) Interchange Improvements at Interstate I-15 and Central Avenue (SR-74) - Consultant Selection for Surveying and Soils Testing Recommendation: Approve the selection of KDM Meridan for survey work and the firm of City and County Soil Testing for soil testing for Interchange Improvements at Interstate I-15 and Central Avenue (SR-74) and allow staff to process the agreement. (16) Purchase Authorization to Replace Enterprise E-Mail Server Recommendation: It is determined to be in the best interest of the City to waive the bidding process and authorize the City Manager to sign and issue a purchase order to Hewlett Packard, Inc. and Zones, Inc. for the replacement of the City's Enterprise E-mail System. (17) Minor Design Review for K. Hovanian Homes Recommendations: a) Receive and file the resolution and conditions of approval. b) Instruct the City Clerk to record the vote on the resolution as 3-2 in accordance with the vote taken on September 23~d c) Authorize the Mayor to execute the resolution. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to approve Consent Calendar Item Nos. 7 through 17. The following vote resulted: ~ AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARING(S) (18) General Plan Update and Draft Environmental Impact Report Recommendation: Consider the staff/Planning Commission recommendation and direct staff/Planning Commission accordingly. Mayor Hickman opened the Public Hearing at 7:37 p.m. City Manager Brady ihdicated that the General Plan Update and Draft Environmental Impact Report has gone through several Planning Commission ~ ~ hearings and deliberations and what is being brought forward is the recommendation of the Planning Commission. He asked Acting Director of Community Development, Tom Weiner, to review the staff report with the City Council and respond to any questions. Acting Director Weiner advised Council that staff completed its analysis of the land use requests that were presented to the Planning Commission during public hearings held in April and May of this year. The requests are included in a matrix in the staff report provided to Council. While reviewing the change requests, staff did identify many errors in the General Plan Update text, Land Use Map and the District Plans. Recommendations to correct these errors have also been made and are included in your report. At the September meeting of the Planning Commission certain concerns were raised related to the procedure of evaluating traffic impacts as well as-land use concerns in the Alberhill Land Use area and the Country Club Heights Land Use area . He made clear that based on the City Council's choice this evening there is a window of time where these areas can be re-evaluated before being brought back to the Planning Commission and the Council. The City Council has the following options this evening: • Consider and approve all of the changes recommended by staff and the Planning Commission so far. That would give staff the direction to move forward with making those changes and any subsequent changes that are 6 made can be made before re-circulating the Environmental Impact ~' Report. This option would cause the EIR to be re-circulated. • Approve and/or reject in part the recommended changes. Council can recommend those changes not approved by Council not be made and staff will proceed with the balance of the changes. This could possibly cause modification to the EIR. • Consider and reject all of the recommended changes and the General Plan land use stays as was previously presented. If the City Council chooses the first option it will allow staff to make final changes corrections and re-evaluations as well as ensure the environmental document is re- circulated and finalized in order to complete the General Plan Update. Acting Director Weiner advised that he has met with interested parties over the past few weeks and has several future meetings scheduled to discuss these issues, and he intended to do that in a timely manner in order to have the General Plan Update before the Council, the community, the development community and the business owners. Mr. Weiner made himself available to answer any questions. Tom Tomlison representing Castle & Cooke stated that they supplied an update to the Council today where they would like to be and how they would like to proceed with the Alberhill Specific Plan area. He advised there were several items he addressed with several individuals and both the City Manager and Acting Community Development Director have met with them to review the changes and he felt confident that the changes can be worked out in the future. He respectfully requested the City Council to allow that time to work out the differences between what's been presented to the Planning Commission and move forward with the re-circulation of the EIR. Miguel Flores expressed his opinion that Country Club Heights should remain the same. He indicated that he purchased property in that area in 1990 and if the area is rezoned Hillside Residential he will not be able to build what he thought he would be able to build. He expressed his wish that the City leave the parcels the way they are. Councilman Magee expressed his concerns regarding the process taking much longer than had been hoped having gone 30 months past the deadline with requests for more time and study. He pointed out as part of the North Central Sphere there are two parcels at the EI Torro turnoff that were created as part of the Highway 74 realignment that don't appear on the map and the proposed zoning is for Business Professional. If business professional includes outdoor storage he would be in support of it, otherwise that area needs to be re-evaluated and the two parcels that aren't on the map need to be General Commercial based on their location and physical characteristics. With respect to the concerns relating to the traffic study in the Alberhill Ranch area, he felt the City needed to take another look at the number of dwelling units proposed and 7 allowable. Based on the documents he has if the dwelling units are (~ underestimated at two dwelling units per acre in 1400 acres that is 2800 dwelling units and over 10,000 vehicle trips a day, which in his opinion equates to another lane for an arterial street. Mr. Magee felt that needs to be seriously examined. For the residents along Lakeshore, he wanted it made clear that staff's recommendation for public access for a boardwalk not be permitted on any private property. Staffs recommendation is that public access only be included on public property or on public right-of-way. Finally, he felt the City needed to find a way to address and encourage reasonable and responsible development in Country Club Heights. He thought Mr. Huber's paper, "A Bridge to Nowhere" which discusses combining 4,000 square foot parcels rather than changing the zoning to Hillside Residential where only one dwelling unit per lot is allowed, and which runs contrary to what Council is trying to promote, which is to collect parcels and then be able to build on them. He expressed his support of allowing staff to continue to work with property owners to re-circulate the environmental document and to go through and address the errors and omissions including the parcels he previously mentioned. Councilman Schiffner stated his opinion that Country Club Heights would never be developed unless a developer be allowed to accumulate parcels because the infrastructure would not be done by individuals. He expressed his view that the lots had to be accumulated and put together projects large enough. He felt the same thing would need to be done along the shore line. I.. ! Mayor Pro Tem Kelley thanked the Planning Commission for their hard work holding numerous meetings going over the document, listening to public comments and trying to adjust the General Plan. She felt the gentleman who submitted the "Bridge to Nowhere" report brought up some very good points and expressed her concerns that Country Club Heights needs to have a second look at it. The second area was along the lakeshore. Mayor Pro Tem Kelley feels the City's General Plan is, and should be, a visionary document guiding the City Council. The General Plan is supposed to be revised every ten years. This General Plan has to guide all of the city councils in the future as to how the development in this City should go, where it should go and what it should look like. In that respect it has to have a common thread of vision and that vision has to be shared by everyone that sits at the dais and all of the residents of the community. Working from that standpoint, the vision that she has always accepted held onto and thought was the majority of this City, was open recreational along the lakeshore. She expressed her disappointment that residential has been recommended along the lakeshore and thinks it is almost impossible to do because the requirements are 10,000 square feet lots. Lakeshore would have to be widened and it would be very difficult to have houses on the lots, sewers and other infrastructure that would be required to make that happen. She felt the City's policy on rezoning to residential is (~' misleading and would prefer to see that remain recreational. The Council. has had the goal to purchase as much land as possib-e with the idea of developing it 8 into a view shed with bicycle trails, picnic areas and beaches, and that is the vision she would like to hold onto. She expressed her concern that Council needed to take a close look at Country Club Heights which should be the most spectacular developed area in this town with the most beautiful view. She wants something different along the lakeshore. She can support the other changes made. Councilman Magee indicated he agreed with Mayor Pro Tem Kelley on everything except the lakeshore. He is a proponent of private property owner rights. There are some very difficult and unique situations along Lakeshore Drive; topography, flood plain and access or right of way issues. If the Council can go through and purchase these properties for public use and public access as envisioned by Mayor Pro Tem Kelley, he would agree. This Council has done some of that. However, if a private property owner can create something in that area then their investment has been realized. He believes to lessen the value of their property by zoning it commercial, artificially devalues their investment. He would like to encourage that investment in our town. Councilman Buckley asked some questions regarding the process. He wanted to know why this had to go back to the Planning Commission after the Council decided what to do and what changes to make. City Attorney Leibold explained that the Planning Commission needs to make a recommendation with respect to the EIR and the EIR has not been completed even to date with the preferred land use plan as stated in the project description. If the Council recommends the l I changes or accepts and directs staff to make the changes recommended by staff and the Planning Commission then the text changes and the General Plan, the map changes, and the corresponding changes in the EIR will be re-circulated then it has to go back to the Planning Commission to make a recommendation to the City Council. He questioned whether the parts of Wildomar that were left in the City's sphere had been removed. Staff confirmed that it has and they would confirm that. Councilman Buckley reviewed the changes to be made In the General Plan Update starting with Book 1, section 2.17 he suggested a bullet be added concerning mixed use bonuses. In section 2.3 he requested 5.6 be stricken as "true to form" is indefinable. He suggested under Railroad Section 2.43, that a reference be added concerning SCAG, RCTC and Metro link are potentially looking at a Metro link rail coming down the 15. Under section 2.43 Airport Transportation, he requested a reference that a permanent lit runway would be unacceptable and impossible because it would have to be paved and it is in the floodplain and the other difficulties associated with those issues. Under section 2.53 he noted a couple of anomalies between the City and the School District at North Peak and the end of Canyon Hills. He asked that a reference be added encouraging the rationalization of those boundaries. 9 Mayor Hickman confirmed that Councilman Buckley meant to encourage the i other school districts to allow Lake Elsinore Unified to expand contiguous with the City's boundaries. Councilman Buckley continued with 2.61 Adequate Electrical, Natural Gas and Telecommunications Systems.-He requested a reference in this section for newer tracts to promote telecommuting and be fully wired for telecommunications when created. Under section 6.2 - 22.5 There is a ratio of 1.5 officers per thousand and Council may want to consider an ordinance or resolution establishing a higher rate but to have 1.5 officers included in the General Plan is just never going to happen. It was noted the County standard was 1.2. Section 2.73, he noted a typographical error, "Villa" Rochelle should be "Via" Rochelle. Under Section 3.3 Air Quality Goals and Policies -- AB 375 and SB 32 are new and not referenced and should be referenced as "in accordance with the rational implementation of AB 375 and SB 32", if possible. Section 4.20 -Councilman Buckley noted that palm trees had been discussed. He asked if live oaks and different types of oaks also be listed for preservation. He referenced Map 4.8 which indicates the lake is visible from Lowe's parking lot. He felt there were problems with the map as to where the Lake can be seen and asked that that be resolved. Page 4-77 the City should consider an actual view shed ordinance in the coming future where legal and where appropriate. Book 2 -Business District Map - he asked how the Limited Industrial area was going to be accessed, whether access would be off Nichols or south coming off the 74. Historic District - residential mixed use at 5%, he thought it had gone up significantly and asked __ for confirmation that the numbers in the books were going to be changed to match the maps. Staff confirmed they would. He noted under 2.6 on HD 9 the phrase "true to form is indefinable" should be stricken. HD 11, under 3.2 the language "encouraging development to incorporate historical. architectural themes into building facades," he suggested striking the remainder following that phrase. Referring to North Peak, he noted there isn't a reference to the high school district line. Currently there is a line that defines Perris and Lake Elsinore and it would be better in the eventual Specific Plan not to change that line. He felt north of that line be strongly considered for senior housing. He suggested looking at expanding the auto mall area between 5 and 7 and asked about the area between Avenue 7 and 10 on Lakeshore, it is listed as Tourist Commercial and is maintained as Tourist Commercial on the modified map. He added that there are several zoning issues to consider in that area. Referencing the revised maps he felt the Business District was okay as is. He did not have any changes for Eastlake. He agreed with Mayor Pro Tem Kelley and Councilman Magee regarding the Lakeshore; that it is a vital part of the City and should be preserved. However, he felt with some very restrictive design standards calling for gaps, setbacks, minimum square footage, etc., there may be a way to allow building in that location. He asked if the designation in downtown at the corner where the Ambassador Hotel is mixed use? It was confirmed that it is (; Residential Mixed Use. He suggested coming back with consideration for L ~ changes to the Downtown Master Plan. He addressed the area between 10 Graham, Limited and Lakeshore from Poe to Lewis where it changes to high density residential indicating he is not sure if it is appropriate especially since the idea is to encourage higher density downtown to create the people to support the businesses in the mixed use area. He asked about the Alberhill Map, indicating the 9+ acres isn't showing as part of the flood plain and asked that it be looked at. Lake Elsinore Hills the density has significantly increased on the hillside to Medium; the original had been Hillside Residential. In his view there was no question that it had to go back to Hillside Residential. Staff confirmed it was changed to Low Medium: Councilman Buckley felt it should be Low or Hillside Residential considering the topography and the surrounding use. Under the Lakeview District at the corner of Lincoln and Riverside, he asked whether General Commercial would allow for Commercial Mixed Use. Staff confirmed that after talking with the property owner it was being considered for Commercial Mixed Use to allow for flexibility. Referencing Country Club Heights, Councilman Buckley stated the landowners have rights and residents have rights as well. According to the Residents Committee Report that was approved unanimously by the City Council the residents do not envision tract homes; they envision custom homes. He felt the proposed reference from SITL development is not a good idea. He confirmed, after being questioned by Mayor Hickman, that he was talking about the area from Gunderson Canal that is now designated Low Medium. He stated that considering it is surrounded by Hillside Low and Industrial makes it a planning island and it is inappropriate for that area. He noted the area along Strickland that is designated Medium Density is also inappropriate. He asked whether the area between Strickland and Trelevin, designated Business Professional was to transition between the floodway and the sewer plant. Mayor Hickman indicated he had numerous changes himself, a lot of them he thought Staff had heard. In Country Club Heights he would like to see Medium Density. He would like to see someone come in and develop that area mentioning a person has purchased several lots and he felt he had every right to develop those lots and especially on Gunder Avenue where it is designated Hillside, he felt it should be Medium Residential. He indicated that a lot of the maps he had were not up to date and he planned to give Staff all of his changes rather than take the time to discuss them at the Council meeting. Mayor Hickman stated the County owns a lot of the area along with DLM in the North Central Sphere. They have a corridor that comes through next to Syntex in that area and there is no cutoff for the EI Torro Road that belongs to the County. He suggested Staff obtain a County Map to coincide the County's designations since that area does not yet belong to the City. There are mapped areas that are not included in these maps. There is a lot of the open space in that area and in North Peak that should be noted. He indicated that he would meet with Staff to 11 review the remainder of his changes. He felt time was not of the essence, it was more Important that the General Plan be done right, ' Councilman Magee added to the Mayor's comments regarding the EI Torro cutoff, indicating the County was designating the area from Highway 74 to Nichols as a six lane road and there were several blue line streams in that area. He stated that Staff needed to match up with what the County Road Department was proposing in that area so that the City's maps are consistent with what the County has proposed whether or not annexations go forward, so the public receives the correct information. The Mayor invited further comments from the public. Daniel Uhlry, a citizen of Lake Elsinore referenced a General Plan study group for Country Club Heights several years ago and expressed his concerns that water and sewer were discussed In the General Plan update. He mentioned that on Strickland the water provider was EMWD and on the other side of the hill was Lake Elsinore Water District, which has very small water lines in that area. Before any development is done in that area something will have to be done about the water before anything is considered because there is not enough water up there now. The sewers may also be an issue and should be considered in the General Plan. The Mayor directed Staff to go back to the General Plan Report of 2006 and look at it because in reference to Country Club he thinks Mr. Huband has enough lots to help develop that area. There being no further comments, the Mayor closed the public hearing at 8:24 p. m. Mayor Pro Tem Kelley requested clarification regarding the options that were presented and the comments she heard whether the motion would be to make the changes that were spoken about. City Attorney Leibold confirmed that what she heard was Council would like to direct Staff to make certain adjustments and revisions in the preferred Land Use Plans, the corresponding text, make the necessary changes to the Environmental Impact Report, and re-circulate it if necessary. She indicated there is a long laundry list of changes recommended by staff to the Planning Commission and from the Planning Commission to the City Council. She heard some differing opinions with respect to specific areas, Country Club Heights, the Lake edge, Lake Shore and she felt Staff needed clarification She mentioned there was one comment on the methodology of the traffic study and the Pacific Clay area which would be a different methodology than used throughout the balance of the Environmental Impact Report and typically used by the City in evaluating traffic on a General Plan Land Use designation. To the extent that there is no 12 disagreement, the direction would be to make the changes as recommended by the Planning Commission. With respect to those few items where their appears to be a different opinion .staff needs more specific direction or they wont know what to bring back to Council. She advised that does not mean the Council is making a final decision. Whatever is prepared and presented as the project and evaluated in the Environmental Impact Report will be re-circulated, comments will be received and responses will be made to those comments, at which time it will be presented to the Planning Commission and then to Council; but staff needs direction on those few items. Mayor Pro Tem Kelley moved to reject the Planning Commission's changes regarding the Lake edge area and direct staff to revise the General- Plan update consistent with the original designation on the preferred Land Use Map; second by Schiffner. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN SHIFFNER NOES: COUNCILMAN MAGEE ~I ABSENT: NONE ABSTAIN: NONE Buckley moved to approve everything on the revised Country Club Heights Map recommended by the Planning Commission except for two modifications between Strickland and Key; one area to be designated Hillside Residential and the other area as Low Density. The motion died for lack of a second. Thereafter a motion was made by Mayor Hickman to send the Country Club Heights Land Use Map back to the Planning Commission to make changes; second by Mayor Pro Tem Kelley. No vote was taken. Thereafter followed a brief discussion regarding the land use designations on the Country Club Heights Land Use Map and Councilman Buckley suggested changing an area to Low and changing Hillside to Low and change another area to Low. Staff confirmed Councilman Magee's question that if Country Club Heights is i designated all Low Density or Hillside Residential then existing medium or high 13 density units become legal non-conforming; and if they were to become destroyed they would have to meet the new standard. i The City Attorney advised that absent an action, Staff would proceed with the Planning Commission's recommendation for purposes of completing the Environmental Impact Report which will be presented to the Planning Commission with a recommendation to the City Council and ultimately the City Council by way of a Public Hearing will make a final determination. So if Council can't make a majority vote tonight to accept or reject the Planning Commission's recommendation Staff will proceed with the Planning Commission's recommendation. Councilman Magee suggested moving past this item and going forward with the third item of contention which is the Alberhill Traffic Analysis. He stated he both heard the attorney and read the report that states the standard is to use four dwelling units per acre in this particular area where there is a maximum allowable of six and he concluded from the report that there would be 10,000 more trips a day. He did not understand why that would not be analyzed. Staff indicated it was more a matter of consistency. There would be more flexibility using six; however, a new traffic study would have to be done. It was confirmed that the Specific Plan has always recognized it as six but the General Plan has not analyzed it as six. It was explained that four was in line with everything else that was analyzed as a baseline number. Attorney Leibold explained that it was her understanding that throughout the entire General Plan Update and in the City's regular course of business that traffic is analyzed at the midpoint of the allowable range and in this case the mid- point would be three, but it was analyzed at four. That same methodology was used throughout the General Plan update. So to take one specific area and analyze it differently for that area raises the question whether the methodology is wrong throughout the entire General Plan Update. Further explanation was provided for purposes of the General Plan land use designation. There is a range and the Specific Plan is then adopted to be consistent with the General Plan. If a specific project is consistent with the Specific Plan and the Specific Plan is consistent with the General Plan then no additional environmental analysis is required and the developer can rely on the General Plan EIR. If a denser project within that range but at the high end is proposed then additional analysis is required because the General Plan allows for a range and the adopted method has been to analyze at the mid-range. Staff suggested that if Council directs Staff to analyze at six because of the potential for development, then that can be explored. After further concerns expressed by Councilman Magee, Attorney Leibold explained that Castle & Cooke's comments with respect to the traffic engineers analysis was for the 14 Pacific Clay property, not Alberhill. Alberhill has an adopted Specific Plan and there will be no additional environmental analysis required. Thereafter followed a lengthy discussion regarding the traffic circulation in the North Peak area and whether the City could use Castle & Cooke's traffic study to save costs and whether there were other areas where there were pending specific plans where the traffic study does not match. Mr. Tomlinson addressed Council indicating that Castle & Cooke has aPre- Annexation Development Agreement with the City that specifically calls for six dwelling units per acre and that is what they would like to include in the Environmental Impact Report. He indicated that they did instruct and pay for the consultant to modify the traffic report to include that quantity. Attorney Leibold confirmed that there is a Pre-Annexation Development Agreement but it does require that a Specific Plan be submitted subject to the discretion of the Planning Commission and City Council. Mayor Pro Tem Kelley moved to go forward with the Study at the higher level for the Pacific Clay area; second by Mayor Hickman. Councilman Magee requested the motion include direction to have Staff analyze whatever work already completed by the developer and add it, modify it or delete it as deemed appropriate by Planning staff and recognizing that the City was not tying the hands of future councils with respect to density, but is providing a tool to adequately analyze future impacts; Second by Mayor Pro Tem Kelley. The final vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES : COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE Attorney Leibold advised that she thought those were all the items that required specific motions and if there was nothing else then a motion should be made to have staff proceed as recommended by the Planning Commission. ~~ 15 Mayor Hickman noted that on the North Central Sphere Map there were a lot of things that needed to be changed and stated he will go through them, if that is the wanted. The City Attorney advised that the issue is that if the Mayor takes his concerns up individually with staff, then the Council is delegating to the Mayor the authority to delegate to staff without being considered by the entire body and the Planning Commission, otherwise it will need to be considered by the entire Council. Mayor Hickman presented his concerns on the North Central Sphere Map beginning with North Peak on Vista Lane the yellow box is BLM .land and the other gray boxes are County land. He would like those area designations to coincide with the County's maps. EI Torro cutoff is not shown and needs to coincide with the County map. The purple area where Sunblaise is marked Business Professional; he felt it should be Light Industrial. He suggested Staff check with the County because they have different markings. Mayor Hickman clarified for staff that he was looking for MSACP land. He indicated the EI Torro cutoff should be the same as the County designation. What the County shows in purple which is just above Sunblaise, Staff is recommending Business Professional he felt it should be Industrial just like the County has designated. He felt the squares where the purple ends going west abutting the yellow was being used as Industrial. Staff advised the Mayor that that area is residential and is in code violation of the County. That area was designated residential RA 20,000 square foot lot minimums and there are currently code violations against the County. The County has a habitat corridor going through near Sharon Street, in the green area and half of the red and purple and goes south at an angle. The area that says Lake Elsinore Hills is all habitats currently. All of the area that says Lake Elsinore Hills in yellow is currently a mapped land. He felt the three large yellow squares below the location marked Third Street heading toward 74 should be Light Industrial. Mayor Pro Tem Kelley moved to accept the Planning Commission's recommendation with respect to the entire North Central Sphere with the specific changes outlined by Mayor Hickman and move forward with the General Plan; second by Mayor Hickman. After which a brief discussion regarding whether Spyglass has been mapped. Staff confirmed it had not The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE 16 COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMIS) (19) City Manager Brady advised this ordinance had been reviewed by the Public Safety Advisory Commission. Mark Dennis advised the Public Safety Advisory Commission had unanimously voted and he was available for comments. Mayor Pro Tem Kelley moved to introduce the ordinance by reading the title only and waived further reading; second by Councilman Magee. The City Clerk read the title of the ordinance into the record and called the roll for the vote: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 8.13 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF SOLICITION The following roll call vote resulted: AYES: COUNCILMAN MAGEE COUNCILMAN SCHIFFNER MAYOR PRO TEM KELLEY MAYOR HICKMAN NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE (20) Introduction of an Ordinance Adooting Tree Preservation Guidelines City Manager Brady advised this ordinance was for the Tree Preservation Guidelines which would allow the City to receive a Tree City USA designation. 17 This ordinance recognizes the efforts the City is making in preservation of trees in the public rights of way, not on private property. Councilman Magee introduced the ordinance adding Chapter 5.80 to Lake Elsinore Municipal Code regarding Tree preservation by reading the title only and waived further reading. The City Clerk read the title of the ordinance into the record and called the roll for a vote: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEELSINORE, CALIFORNIA, ADDING CHAPTER 5.80 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING TREE PRESERVATION The following roll call vote resulted: AYES: COUNCILMAN MAGEE COUNCILMAN SCHIFFNER MAYOR PRO TEM KELLEY MAYOR HICKMAN NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE (21) Appeal of TUMF Building Designation of Service Commercial City Manager Brady indicated that under the Transportation Uniform Mitigation Fee program there are designations with regard to how the fees are applied to various types of construction, residential, commercial and industrial. The applications of the TUMF fees to this project have been appealed by the Applicant. Public Works Director/City Engineer Seumalo advised that the applicant, Omni West Group, who built an office medical complex on Canyon Estates Drive across from Ridgecrest Drive is appealing Staffs recommendation under the TUMF designation as Service Commercial. Under the program the administrative plan designates an appeal process. He briefly explained the appeal process leading to the appeal to the Council and subsequently to the TUMF Board, WRCOG. The applicant disagrees with Staffs recommendation to maintain the Service Commercial designation. He reviewed Staffs evaluation advising the project has two buildings. The first building is 16,835 square feet per floor; Building 2 is 15,984 square feet per floor. The project meets all other requirements for a Class B office except the square footage which is 20,000 square feet per floor. The difference in cost for the project between Class B 18 _ Office and Service Commercial is approximately $231,000. The Class B project would pay a TUMF fee of $143,743 and under Service Commercial the fee is $374,792. Staff was successful in contacting the WRCOG as directed by Council at the 4:00 pm meeting. The process as explained to Staff is that if Council disagrees with Staffs recommendation and upholds the appeal, the decision would go to the WRCOG Board; and at the WRCOG Board, if the Board rejects Council's decision to change the designation, the City is liable for the difference which is $231,000. If the WRCOG Board accepts and upholds the Council's decision the City is not liable for the difference in the TUMF fee. If'the City Council rejects the appeal and upholds staffs recommendation then the decision goes to the WRCOG Board and it is up to them. Kipp Dubbs on behalf of Omni Group addressed Council indicating that they are taking issue with the spirit of the law. He advised the reason WRCOG enacted this was to provide developers with an incentive to bring in Class A office facilities to cities in the Inland Empire. Mr. Dubbs believes they have met all of the criteria defined as Class A structures having elevator service, two story concrete structure, and interior access into the office suites. The only criterion not met is the differential of about 4,000 square feet per floor. Because this is a condominium project and it is governed by CC&Rs and even the CC&Rs views the buildings as one project. The parking is for both buildings. If office space is owned in the building on the left, the owner also owns the common areas including the lobbies in both buildings as well as the office space. The applicant thinks WRCOG's position is flawed in areas like Lake Elsinore where new growth is being experienced. Gary Washburn respectfully requested of Council to include in their motion language to the effect that all the items in the office classifications are met except that one and the hardship factor should be considered when it goes to the TUMF Board. After further discussion regarding the issues, Councilman Magee moved to deny the appeal and request relief from the WRCOG Board, encourage the applicant to appeal to that Board and express that this Council believes the applicant has met the intent of the criteria in order to qualify for the lower TUMF fee; second by Mayor Pro Tem Kelley. Councilman Schiffner asked whether the requirements, other than the square footage, of a Class A and Class B building were different or the same. Councilman Buckley asked whether in this case the difference between Class B and Commercial Service is the function of the square feet. Staff said not necessarily, explaining that Class B office has some other minimum requirements. Staff further read the requirements for Service Commercial from the manual and confirmed there is a significant difference between Class A and Class B. 19 Councilman Buckley advised, as the WRCOG representative, he would abstain from the vote. Thereafter followed a discussion regarding Councilman Buckley's abstention and Council's direction to the WRCOG representative regarding the appeal. Based on the discussion, Councilman Magee modified his motion to deny the appeal, to strongly encourage the applicant to further their appeal to WRCOG, to request from the WRCOG Board relief in this particular case from this requirement because the builder has met the intent of the requirement, and furthermore that the City's WRCOG representative, Thomas Buckley, be directed to support the applicant's appeal; second by Kelley. The following roll call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: COUNCILMAN BUCKLEY The City Council recessed to the Redevelopment Agency meeting at 9:32 pm to conduct business. The City Council reconvened at 9:40 p.m. CITY MANAGER COMMENTS City Manager Brady commented/announced the following: (1) Thursday, October 16, Assembly Members John Benoit and Kevin Jeffries will provide the EWDC updates on what is happening in Sacramento, the event is from 11:30 am to 1:30 pm at the Diamond Club and the cost is $25 for members and $30 for non-members. (2) The Lake Elsinore Valley Camber of Commerce mixer is at 5:30 pm to 7:30 pm on October 23" at International Auto Crafters, 29385 Hunka Way. (3) Saturday, October 25~" is the Lake Elsinore Cruise Day from 5:00 pm to 8:00 p.m. in downtown Lake Elsinore. (4) Saturday October 25~h the Women's Club Halloween Ball from 8:00 pm to Midnight at the Women's Club, admission is $15 and costumes are a must. (5) Safe Candy Night, Friday; October 31st, downtown Main Street from 4:00 p.m. to 20 7:00 p.m. (6) Saturday and Sunday, November 8th and 9th, the Lake Elsinore Grand Prix at the Elsinore Motocross Park at Cereal Street. (7) Tuesday, November 11th, Dr. Passarella's Annual Report with regard to the School District from 5:30 pm to 8:30 pm at the Diamond Club, admission is $25 for members and $30 for non-members. Dr. Passarella's superintendent will provide an update on Lake Elsinore Unified School District as part of Celebrate Schools Week. (8) This Thursday, October 16th at 4:00 pm in front of City Hall the first sign depicting and identifying Historic US Route 395 for the City of Lake Elsinore will be unveiled and everyone is asked to join the Council and Staff. Assemblyman Jeffries who assisted the City in receiving this designation will be present. (9) City Manager Brady reminded everyone to shop locally and keep the sales tax dollars in the City which also helps to create jobs and keep those jobs in Lake Elsinore. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Buckley commented on the following: No comments. Councilmember Magee commented on the following: Councilman Magee announced that on Wednesday at 6:00 pm at the Diamond Club the Boy Scouts of America will recognize Mr. Paul Nyhouse as their Citizen of the Year. It is a fundraising event for the boy scouts and he encouraged anyone to come down and give money to a good cause and recognize a fine representative of this community for his efforts and donations to this community over the years. Councilmember Schiffner commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: No comments. 21 Mayor Hickman commented on the following: Mayor Hickman announced that over the weekend the Diamond Stadium held a Scary Monster Halloween program. He also highly recommended that anyone who is available to go to the Susan G. Komen Race for Breast Cancer event and either walk or run the 5K; it is a very worthy program. ADJOURNMENT Mayor Hickman adjourned the meeting at 9: 44 p.m ICKMAN, MAYOR CITY OF LAKE ELSINORE A CAROL COWCEY, INT RIM CITY CLERK CITY OF LAKE ELSIN RE r 22 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 28, 2008 CALL TO ORDER The Regular City Council Meeting reconvened to public session and was called to order by Mayor Hickman at 7:06 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY ARRIVED AT 7:18 P.M. COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Captain Cleary, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Director of Lakes and Aquatic Kilroy, Acting Director of Community Development Weiner, and Interim City Clerk Cowley. PLEDGE OF ALLEGIANCE Mayor Hickman invited all of the city council candidates who were in the audience to join him at the podium. He introduced the candidates present: Steve Manos, Chris Hyland, Barbara Alongi, Melissa Melendez, Bob Magee (who was seated at the dais) and Michael O'Neal. The candidates joined Mayor Hickman in leading the pledge of allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer. PRESENTATION/CEREMONIALS (2) Mayor Hickman introduced Bruce McMeans from Broken Arts and presented him with a Certificate of Recognition for teaching school children the value of arts in public places by including their ceramic creations in the River Walk Mosaic Project. Bruce McMeans informed Council and the public about the community art project that was conceived and designed to involve as many people in the community as possible. He explained the two phases: first they are working with local children in the schools after school program and with the Elsinore Valley Arts Network. The children are making little plants and animals from clay and once the children's artwork has been glazed and fired, they will hold family work days to install the artwork in the River Walk extension which is due to begin next year and be completed in the spring. The artwork would be installed mosaic style on the trash cans, benches, and possibly sign posts. He presented a demonstration board with an example of what the mosaic will look like when completed. They have received a Lot of support and have involved 400 to 450 kids in the program. He advised the audience of the locations where they would be making the ceramic pieces over the next few weeks. Mayor Hickman gave a brief overview of what the River Walk project was and likened it to the River Walk in San Antonio, Texas. Ron Hewison with HOPE provided a quarterly report to Council indicating HOPE is a volunteer organization, created in 1992 and cover the entire Lake Elsinore Unified School District area and also extend into Quail Lake. The last three years have been pretty hectic due to the economy and due to the expansion of the programs they offer. Originally, they were giving up to three days of food now they are giving 12 days of food. Originally they were senior driven and while now they are still serving seniors they are also delivering to shut-ins. In 2005-06 they delivered over 62,000 meals, the following year they provided 104,000 and this past year, 225,000 meals. Hope served 76,000 meals during the quarter that just ended which means they will serve over 300,000 meals this year. Mr. Hewison informed Council on their method of verifying income of their clients to insure their services are reaching those most in need. He also advised council that their ministry continues to grow and expand with new referrals each day and several new programs they are adding to the ministry this year. Mr. Hewison stated that volunteers are always needed and the need for more food drives. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Mary Bredlau ad dressed Council on behalf of the Country Club Heights Citizen's Committee and applauded Councilman Magee for returning what might appear to be a questionable campaign donation. Pete Dawson addressed Council regarding the two November events; the observance of the Veteran's Day at the Grand Prix on November 9t". Along with that, the Veteran's Day observance will be presented in the afternoon just prior to the Mayor's hundred mile race and is presented by the Lake Elsinore Citizen's Committee, VFW and the American Legion. The second event is the Unity in the Community Parade on November 22nd on Main Street at 10:00 a.m. He recommended everyone go to these 2 events. At the request of the Mayor Mr. Dawson announced that he, along with two other team members were sent by the United States Coast Guard, District 11 to Cape Main, New Jersey to compete in a national search and rescue competition. His team won second place. First place was a group from San Francisco. The west coast took the entire event nationally. James Fenner addressed council on behalf of several concerned citizens regarding the number of parking citations being issued on street sweeping days. He was also concerned about receiving a citation for dog barking and not having a dog license when his dog doesn't even go outside. He felt is was important to inform the City Council of the concern he and his neighbors had and hoped that the Council would be a little more family-friendly about parking one's car on the street in front of one's own home. Mayor Hickman suggested Mr. Fenner discuss this matter with the City Manager. Daniel Uhlry asked when U.S. 395 went through Lake Elsinore. He said Highways 71 and 74 went through Lake Elsinore but he could not find where U.S. 395 went through. He indicated Highway 71 connected to U.S. 395 this side of Murrieta which was called Copper's Corner so to his knowledge U.S. 395 did not go through Lake Elsinore. Councilman Magee advised that there was a display inside city hall that gives the entire chronology of U.S. 395 and its route throughout the entire state and suggested Mr. r Uhlry visit the display to get the answers to his questions. ~ CLOSED SESSION City Attorney Leibold announced the City Council discussed the following during Closed Session and there was no reportable action for items 1(a) and 1(b): 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8) Property: APN 379-403-018 City Negotiator: City Manager Brady Negotiating Parties: City of Lake Elsinore and Jess and 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 § 54956.9: One potential case. The following items were listed on the Consent Calendar for Council approval: (2) Minutes of the Followino Meetino(s) (a) Regular Meeting -October 14, 2008 3 Recommendation: Approve as submitted. (3) Warrant List Dated October 15. 2008 Recommendation: Authorize payment of Warrant List dated October 15, 2008. (4) Investment Report -September 2008 Recommendation: Receive and file. (5) Risk Assessment and Response Plan for Invasive Mussel(s) Recommendation: Staff recommends approval. (6) Award Contract for Roof Replacement for Planet Youth Buildina Recommendation: Authorize the City Manager to process a purchase order in the amount of $20,621.00 to Dan's Roofing for the removal of the existing and the installation of a new roof at the Planet Youth Building. (7) Safe Candv Nioht Recommendation: Approve closure of Main Street from Library to Peck for the safe Candy Night. i (8) Request for Street closure and fee Waiver for the Unity in the Community Parade Recommendation: Approve the fee waiver and closure of streets along the parade route on the 12~h Annual Unity in the Community Parade. (g) Approval to use Signs of Support funds Recommendation: Approval to use funds from the Signs of Support donation account to assist the Skate Park program. (10) Cultural Center Digital Audio Upgrade Recommendation: It is determined to be in the best interest of the City to waive the informal-bidding process and authorize the City Manager to sign and issue a purchase order to On-Trax, Inc., to acquire, install, and configure the Digital Sound Board device. It was moved by Councilman Magee to continue Item 7 off calendar and move approval of the remaining Consent Calendar items Nos. 2 through 11 (excluding Item 7), seconded by Councilman Buckley. 4 The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGIS) (11) Center" Recommendations: 1. Adopt Resolution No. 2008-87 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan. 2. Adopt Resolution No. 2008-88 adopting Mitigated Negative Declaration No. -I 2008-07 and the Mitigation Monitoring and Reporting Program appertaining thereto. 3. Adopt Resolution No. 2008-89 approving Tentative Parcel Map No. 36066. 4. Adopt Resolution No. 2008-90 approving Commercial Design Review No. 2008-01. Mayor Hickman opened the public hearing at 7:35 p.m. Acting Community Development Director Weiner advised that this was a request to approve a new 98,000 square foot commercial center located on Greenwald Avenue directly adjacent to the Canyon Lake City limits outside the Canyon Lake's north gate. The center is 14 acres in size consisting of five parcels which will contain office, retail and other commercial uses. The Planning Commission approved recommendation of the project to the City Council. The City Council will be considering the Tentative Parcel Map the Commercial Design Review and the Mitigated Negative Declaration. The Conditional Use Permit has already been approved by the Planning Commission. Planning and Engineering staff spent time with residents of Canyon Lake during the entitlement process to discuss various issues that representatives of Canyon Lake had and most things were taken care of, however, as Council is aware the trail is still an issue. The applicant is in attendance and staff is available to answer any questions. 5 Gary Andre, Trail Commissioner for Riverside County addressed Council advising that he was almost done with all of the maps for Riverside County for the first district except ~ one area going into Canyon Lake from Lake Elsinore. He has met with Canyon Lake, the developer and staff and they felt the best thing to do is to put a stop sign at the main entrance. He would prefer to see the trail go further west than across Summerhill but there is only a 10 foot easement on the south side of the road. He advised Council of some of the safety features they discussed but decided on a signal with equestrian cross buttons going across the gate at Canyon Lake. Beverly Miller, a resident of Canyon Lake addressed Council regarding the trail access for horses and people. She understood the creek behind her property was going to remain and she requested consideration of a multi-use trail for bike riding, horses and pedestrians along the creek area. Randy Felber, a resident of Canyon Lake advised that quite a few people use the trail system. He concurred with Ms. Miller's idea of a trail system along the riverbed and felt the project would be really nice when it was complete. Brenda Yanoschik a resident of Murrieta who owns an equestrian center in Canyon Lake asked Council and the developer to consider amulti-use trail along the Blue Line Creek. She advised that there was a comparable development in Murrieta on Murrieta Hot Springs Road that includes what the Canyon Lake residents hope will be used in this project. She felt that a stop light to control the traffic in and out of the shopping center will satisfy amulti-use trail and the concerns about slowing traffic. Paul Johnson, Operations Manager for the Canyon Lake POA wanted to confirm that the City Council had received their letter regarding the POA's concern that the City did not complete a full Environmental Impact Report on this project. City Attorney Leibold advised that the City did receive a letter from the POA's legal counsel dated October 27, 2008 which has been officially entered into the record and distributed to the City Council. Lynn Mattocks, Chairman of the Riverside County Trails Committee addressed Council stating his opinion that the proposed trail on the east side of this project is totally absurd and very dangerous. He suggested moving the trail to the west side and utilize the BLM property to cross, install an equestrian button on the signal light, and follow the trail along the blue line which will provide the connectivity to the trails throughout the entire southwest Riverside County region, which is what is desired by the County of Riverside. He recommended the trail be moved for safety purposes. He indicated he discussed this with the developers and they seemed to be in agreement with him. He also stated that the trail should not be for both golf carts and horses. Ed Sauls, of Greenwald LLC advised Council the project is recommended by staff unanimously recommended by the Planning Commission and recommended by the City of Canyon Lake but Canyon Lake Property Owners Association has a particular concern 6 _ regarding the equestrian trail. He advised there are at least four alternatives to consider and they have worked very closely with staff and tried diligently to come up with solutions before presenting this to Council, however, they have been unsuccessful. He stated that they believe staffs recommendation is a viable alternative. He believes that staff has examined all of the alternatives and found that staffs recommendation is the most acceptable, safest and least impacting alternative. He advised Council of the various alternatives that were considered and the issues with each of those alternatives. Mr. Sauls said they are open to any of the alternatives but reiterated that he agreed with staffs recommendation that among all of the alternatives staffs recommendation was the safest. Councilman Magee asked the City Attorney what obligation requires the builder to provide equestrian access across this site. City Attorney Leibold responded that to the extent that the City participates in this trail system then a requirement to connect the trails would be a standard condition of approval. Director Weiner concurred with the City Attorney and stated staffs main concern was that there was some type of access beyond the shopping center to the BLM area. The developer indicated they found this to be palatable and staff felt a multi- purpose trail would be appropriate and the applicant included that into the site plan. Mr. Sauls indicated that providing the trail is an accommodation not necessarily a requirement because the adopted County Trails Map provides for trails interior to ~ Canyon Lake and does not include a trail through this property. Mr. Weiner confirmed that the only obligation that exists as far as staff is concerned is the easement held by several property owners north of the project area that require access, but it is debatable as to whether that access be for horses. Councilman Magee confirmed his understanding of the issue before Council and he felt it important for the citizens to know that the Canyon Lake Property Owners Association provided to the City a letter that is in essence a threat of litigation challenging city staffs environmental work because staff only prepared a Mitigated Negative Declaration as opposed to preparing a full Environmental Impact Report. Councilman Magee questioned whether the City of Canyon Lake would be willing to pay to help facilitate this trail system which would benefit their residents. John Zaitz, Mayor Pro Tem of the City of Canyon Lake addressed Council referring to Exhibit E of the document provided to Council from the POA, which is a portion of the City of Lake Elsinore's General Plan. He felt the trail system is a benefit to the County and that it is a way to connect the BLM lands to north with the BLM lands to the south. He did not think it was their responsibility to contribute to the cost of a trail that is going to be a County benefit as well as to the people of the City of Canyon Lake who happen ,' to be members of the County. He stated that all they are asking for is to have an EIR ~~ prepared that determines the best way to handle the trail system. 7 ~ A lengthy discussion continued between the City Council, staff and Mayor Pro Tem ~ Zaitz as to where the crossing should be, where the City of Canyon Lake feels the safest location of the crossing would be and who would have entitlement to use the crossing. Director Seumalo confirmed for Mayor Pro Tem Kelley that staff was recommending that the trail remain on the eastern side of the project and would prefer the recommendation of Canyon Lake tentative trails map that shows the trail going from the equestrian center internal to Canyon Lake and come out the guard gate on the north side, at the top of Greenwald and then make a right turri onto the trail system. Further explanation was made by Mr. Zaitz as to where the crossing currently was and the differences of staffs recommendation. Mr. Sauls indicated the developer was willing to facilitate City of Canyon Lake with the costs of an interior solution including speed bumps, or stop signs. He further recommends providing a trail on the eastern boundary and they would be willing to add to the intersection at Summerhill and Greenwald as part of the signal costs a button for equestrian crossing resulting in having two trails. That would be the best possible accommodations. Councilman Schiffner expressed his desire to move ahead with the design review placing the trail where it is presently located and if the developer is willing to satisfy that ~ location and let Canyon Lake decide how they are going to get across that intersection ~ because he did not want to get involved in a signalization and take on that liability. There being no other speakers, Mayor Hickman closed the public hearing at 8:27 p.m. Councilman Schiffner moved to adopt Resolution No. 2008-87 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan; second by Mayor Pro Tem Kelley The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE r ABSTAIN: NONE 8 Councilman Schiffner moved to adopt Resolution No. 2008-88 adopting Mitigated Negative Declaration No. 2008-07 and the Mitigation Monitoring and Reporting Program appertaining thereto, including the additional mitigation measure offered by Mr. Sauls; second by Mayor Pro Tem Kelley. City Attorney Leibold added that as to the letters received challenging the legitimacy of the environmental review it was Staffs opinion that the Mitigated Negative Declaration does satisfy the requirements of CEQA and the project has been adequately evaluated and all significant environmental impacts have been mitigated. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE Councilman Schiffner moved to adopt Resolution No. 200889 approving Tentative Parcel Map No. 36066; second by Councilman Buckley. Councilman Schiffner moved to adopt Resolution No. 2008-90 approving Commercial Design Review No. 2008-01; second by Mayor Pro Tem Kelley. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 9 APPEALIS) (13) ,~, Recommendations: 1. Consider the appeal and either uphold the Planning Commission's decision to deny the Public Convenience and Necessity request; or 2. Overturn the Planning Commission's decision and approve the Public Convenience and Necessity request. Attorney Leibold advised there was a request to continue this item. Cynthia Reynoso addressed Council in opposition to the location of a liquor/convenience store immediately adjacent to the Viscaya community. She indicated there are already six establishments, three bars and two restaurants who already sell alcohol. She did not feel that another liquor establishment was necessary. Mary Lou Veytia, Vice President of the Viscaya Home Owners Association expressed the HOA's opposition to the establishment of another liquor store in their area. She indicated they have several pictures depicting the sidewalks littered with empty liquor bottles and have had issues with people being passed out on the sidewalks as well as i having several calls made to the Police Department for drunk and lewd behavior. They felt they are overly saturated with liquor stores. Councilman Magee stated that he met with the applicant because of the problems being experienced by the residents of the Viscaya community. He confirmed with the owner that the establishment had not met with the Home Owners Association to resolve the issues and suggested they continue the appeal until they have met with the homeowners to resolve the concerns and issues addressed by the Homeowners Association. Councilman Magee moved to continue this item off calendar and direct the applicant to meet with the Property Owner Association and bring this item back with the results; second by Mayor Pro Tem Kelley. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER 10 NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEM(Sl (14) Second Reading - Recommendation: Waive further reading and adopt Ordinance No. 1256, adding chapter 5.80 to the Lake Elsinore Municipal Code regarding Tree Preservation. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to adopt Ordinance No. 1256 adding Chapter 5.80 to the Lake Elsinore Municipal Code. The following roll call vote resulted: AYES: COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER MAYOR PRO TEM KELLEY MAYOR HICKMAN NOES: NONE ABSENT: NONE ABSTAIN: NONE (15) Second Reading -Adoption of Ordinance No 1257 Adding Chapter 8 13 to the Lake Elsinore Municipal Code Regarding Reoulation of Solicitation Recommendation: Waive further Reading and adopt Ordinance No. 1257, adding Chapter 8.13 to the Lake Elsinore Municipal Code regarding Regulation of Solicitation. It was moved by Mayor Pro Tem Kelley; second by Councilman Schiffner to adopt Ordinance No. 1257 adding Chapter 8.13 to the Lake Elsinore Municipal Code. The following roll call vote resulted: AYES: COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER 11 MAYOR PRO TEM KELLEY MAYOR HICKMAN NOES: NONE ABSENT: NONE ABSTAIN: NONE (16) Commercial Design Review No. 2008-05: A Request for the Renovation and Related Onsite Improvements of the Existing 2.040 Square-Foot "Taco Bell" Recommendations: 1. Adopt Resolution No. 2008-91 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan. 2. Adopt Resolution No. 2008-92 approving Commercial Design Review No 2008-05 Acting Community Development Director Weiner advised Council this project was a complete remodel and reconstruction of the current Taco Bell maintaining the same footprint and drive through. Staff felt the architecture provided by the applicant is greatly enhanced and the applicant is present to answer any questions. Director Weiner I noted that the Planning Commission unanimously approved this project. Mayor Pro Tem Kelley moved to approve adoption of Resolution No. 2008-91 adopting Findings of Consistency with the Multiple Species Habitat conservation Plan; second by Councilman Schiffner. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE Councilman Magee thanked the applicants for having the faith and confidence in the community and for their longtime existence in the community since 1984. 12 ' Mayor Pro Tem Kelley moved to adopt Resolution No. 2008-92 approving Commercial Design Review No. 2008-05; second by Councilman Buckley. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (17) Residential Desion Review No. 2008-03. for "Jasmine" by Lennar Homes in Rosetta Hills. Tract Mao No. 31792 Recommendation: Adopt Resolution No. 2008-93 approving Residential Design CI Review No. 2008-03 for the "Jasmine" products at Rosetta Hills in Tract 31792. Acting Community Development Director Weiner advised that this is a request by Lennar Homes introducing a new home product to the Rosetta Hills neighborhood. Approximately 65 lots remaining in this neighborhood will contain the new "Jasmine" product. The product that is already completed entitled "Primrose and Magnolia" range from 2,904 square feet to just over 3,800 square feet. The new homes range from 2,269 square feet to 2,590 square feet. They have completed four-side architecture and it should be noted that this is not part of a specific plan but astand-alone tract map so it falls under the guidelines of the Municipal Code. Councilman Magee moved to approve and adopt Resolution No. 2008-93 approving Residential Design Review No. 2008-03 for the "Jasmine" products at Rosetta Hills in tract 31792; second by Councilman Schiffner. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER 13 NOES: NONE ABSENT: NONE ABSTAIN: NONE Public Comments -Non-As~endized Item - 3 Minutes CITY MANAGER COMMENTS City Manager Brady commented/announced the following: (1) Safe Candy Night, Friday, October 31, 2008, Main Street will be closed from 4:00 p.m. to 7:00 p.m., and a costume contest for children from ages 2 to 12 will be held beginning at 6:30 p.m. at the City Park. (2) Friday, November 7, 2008, there will be an Art Show sponsored by the Palitiers Art Group from 9:00 a.m. to 3:00 p.m., at the Cultural Center. Local artists and guests will display their original artwork. (3) Saturday, November 8~h, a Shopping Extravaganza at Lake Elsinore Outlets from 10:00 am to 6:00 pm. (4) Saturday and Sunday, November 8~h and 9`h, is the Lake Elsinore Grand Prix at the Lake Elsinore Motocross Park (5) Wednesday, November 12, the Women's Club will hold their general meeting from 10:00 a.m. to 2:00 p.m. and reservations are required. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Buckley commented on the following: Candy on Friday, downtown; Grand Prix next weekend; reminded everyone to vote at the election on Tuesday; bids on the animal shelter were opened and are under review for full compliance. The low bid came in 20% lower than the Engineer's estimate which means over the course of the next 30 years, Lake Elsinore will save approximately $70,000.00 to $90,000.00 a year. Councilmember Magee commented on the following: Announced that all pets need to be licensed and properly vaccinated within the city limits and Animal Friends of the Valley holds a shot clinic every third Saturday at the 14 City Park. The next clinic is Saturday, November 22"d and they only charge $6 for ~I shots; he encouraged everyone to take advantage of the clinic. He encouraged Mr. ~ Fenner to call him ore-mail him regarding the parking citation issues. Councilmember Schiffner commented on the following: Apologized to all those who might have been unhappy about the decision made regarding the trails earlier, but he felt a decision was never going to be made and something had to be done. Mayor Pro Tem Kelley commented on the following: Wished everyone a safe and happy Halloween. Mayor Hickman commented on the following: Thanked staff for the work on I-15 Central where more lanes were added for traffic congestion, the condition is much better; November 3rd work on the Rosetta Canyon Fire Station and park will begin; resurfacing of Grand and Machado will begin next week; and he received a call from one of the founders of HOPE who complemented Public Works for removing trash that was dumped on his property. After waiting for two weeks, he called Mr. Gomez in Public Works and it was taken care of the next day. Candy night, Friday night so be safe. There being no further business to come before the Council, Mayor Hickman adjourned the meeting at 8: 50 p.m. ~ C~f/ L HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY, IN IM CI CLERK CITY OF LAKE ELSINORE 15 MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY NOVEMBER 11, 2008 ***irk******************irir*****************YrYe*********Ye*********YrYe****M***************************** CALL TO ORDER - 5:00 P.M. The Special City Council Meeting was called to order by Mayor Hickman at 5:00 p.m 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, and Interim City Clerk Cowley. CLOSED SESSION City Attorney Leibold announced the City Council would adjourn to closed session to discuss with legal counsel concerning one case of anticipated litigation under the authority of Gov't Code § 54956.9(b): (1a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: One potential case The City Council meeting was recessed into Closed Session at 5:01 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.MI City Council reconvened the meeting at 7:04 p.m. 1 CLOSED SESSION REPORT City Attorney Leibold stated City Council met at a special meeting at 5:00 p.m. to conference with legal counsel to discuss one case of anticipated litigation under the authority of Government Code § 54956.9(b). She indicated there was no reportable action. ADJOURNMENT There being no further business to discuss, the Special Meeting of the City Council was adjourned at 7:04 pm. CLOSED SESSION REPORT City Attorney Leibold stated City Council met at a special meeting at 5:00 p.m. to conference with legal counsel to discuss one case of anticipated litigation under the authority of Government Code § 54956.9(b). She indicated there was no reportable action. ADJOURNMENT There being no further business to discuss, the Special Meeting of the City Council was adjourned at 7:04 pm. DARYL HIC MAN, MAYOR CITY OF LAKE ELSINORE t~f2OL COWLEY, INTERIM~ITY CLERK CiT'Y.OF LAKE ELSINORE 2 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 11, 2008 ******************************k*****~le**************f~*****YeYt***************kk*******************+4**** CALL BACK TO ORDER (7:00 P.M.) The Regular Meeting of the city council was called to order by Mayor Hickman at 7:03 p.m. PLEDGE OF ALLEGIANCE Mayor Hickman introduced the Elsinore High School Air Force ROTC who presented the Colors and led the pledge of allegiance along with veterans from the Veterans of Foreign War INVOCATION -MOMENT OF SILENT PRAYER ~i Mayor Hickman led the meeting in silent prayer especially for all of the men and women serving in the armed forces in Afghanistan and Iraq. 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, Fire chief Hendershot, 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, Redevelopment Project Manager McCarty and Interim City Clerk Cowley. PRESENTATIONS/CEREMONIALS (2) Chamber Update by Kim Cousins Nancy Hutsinger, First Vice-Chair of the Lake Elsinore Valley Chamber of Commerce and a realtor with Caldwell Banker Brokerage advised Council that the Chamber of Commerce will be holding an entire week of activities during the Lake Elsinore Unified School District's "Celebrate Our Schools Week" kicking off with the superintendent's Annual Report to the communit~ on Monday, November 17 at 6:00 pm at the Diamond Club. Tuesday, November 18 is the inaugural Real Estate Broker's Model Home- Apartment Manager's Tour of the School District; Wednesday, November 19~' is the second annual "Principal for a Day", Thursday, November 20~' is the fifth annual Career Expo at 9:00 am at the Storm Concourse; and Friday November 213`, is the inaugural Vendor Fair to learn how to provide products and service to the School District at 9:00 am at the Ortega Gym; Saturday, November 2nd is the Unity in the Community Parade at 10:00 am followed by an art fair. The Chamber's networking mixer will be Thursday evening, November 13~h at 5:30 pm hosted by COPS for kids at the Lake Elsinore Sheriffs Station. Please bring an unwrapped toy or new clothes to help the community during the holiday season. More information is available on the Chamber's website. Ms. Hutsinger thanked the council members who will be leaving the dais for their time and service complementing them for doing an impeccable job. (3) Presentation of a Proclamation to the Veterans of Foreign War in Honor of Veteran's Day Mayor Hickman presented a Proclamation to the veterans representing the Veterans of Foreign War in Honor of Veteran's Day (formerly known as Armistice Day). He acknowledged everyone in the audience who was a veteran. A representative of the Veteran's thanked the City Council and citizens for everything they have done to support the veterans. Mayor Hickman presented a Certificate of Recognition to the Elsinore High School Air Force ROTC students in preparation of honoring past, present and future veterans in observance of Veteran's Day in the City of Lake Elsinore. (4) Certificate of Recognition to Elsinore Valley Arts Network Mayor Hickman presented a Certificate of Recognition to members of the Elsinore Valley Arts Network for their many contributions to the community including the Music with a View Concert, the art shows and the Riverwalk Mosaic Project. President of the Elsinore Valley Arts Network thanked the City Council for the honor and thanked Mayor Pro Tem Kelley for her dream that came true. She noted this is EVAN's ten year anniversary and the concerts are the beginning. She also thanked Mayor Pro Tem Kelley for her liaison with the City Council on EVAN's behalf. She introduced Bruce McMean, Robin Golden, Ruth Atkins, Peter, Mayor Pro Tem Kelley and Gary Kelley. 2 j Mayor Hickman expressed his enjoyment of football and hockey and as a substitute teacher he noticed that whichever school won the playoffs received a "City Champs" patch to wear. He said now that there are three high schools he would like to introduce the Mayor's trophy for the winning team. At the end of the season, the name of the winning team and year will be engraved on the trophy and the school will keep it for a year. He hoped this would provide a little incentive and pride. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met as part of its regularly scheduled meeting in closed session to discuss two items both of which are real property negotiations. The first is identified as Item 1(a) on the agenda under the authority of Gov't Code §54956.8. She noted numerous properties are listed which are tax defaulted properties that are currently owned by the County. The negotiating parties are the City, the Redevelopment Agency and the County. Under negotiation is price and terms of payment. There is no reportable action on Item No. 1(a). She advised that Item 1(b) also involves real property negotiations of five parcels as listed. These are properties owned by the City and the negotiating parties are the City and the Redevelopment Agency. Under negotiation is price and terms of payment and there is no reportable action on that item. ~; 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code §54956.8) Properties: APNs 375042027-4; 375042028-5; 375031023-6; 378157040-1; 363281024-3; 373082021-8; 363540003-4; 378182017-9; 378182018-0; 378182035-5; 378055055-0; 378100008-7; 378100009-8; 378100017-5; 375201020-8; 375201019-8; 375274009-5; 375274010-5; 375321029-8; 375321030-8; 375321031-9; 375321032-0; 375321033-1; 375223037-2; 375223036-1; 375293029-2; 375293030-2; 375321006-7; 375321054-0; 375321053-9; 374043014-8; 374072026-9; 373132059-7; 373132058-6; 373132053-1; 373132052-0; 373134026-3; 373134025-2; 373134024-1; 374262011-2;374262004-6 City/RDA negotiator: City Manager /Executive Director Brady Negotiating parties: Redevelopment Agency, City of Lake Elsinore, and the County of Riverside, et al. Under negotiation: Price and terms of payment 1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 374-072-028, 374-072-030, 374-072-032, 374-072-034, 374-072- 036 Agency Negotiator: City Manager/Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and City of Lake Elsinore Under negotiation: Price and terms of payment 3 PUBLIC COMMENTS -NON-AGENDIZED Ruth Atkins addressed Council regarding the Lake Elsinore Historical Society's annual Holiday Home Tour. She advised that due to the economy this year the Holiday Home Tour is on vacation. In its place the Historical Society will be doing a project for HOPE by selling opportunity drawing tickets for $1.00 each. The proceeds will go to HOPE. The Historical Society felt this was the time to give something back to the community. The winning ticket will receive a dinner for six at Ravioli's or Chef Giuseppe will come to the winner's home and cook dinner for the winner and guests. Tickets can be purchased by contacting the Historical Society or Ms. Atkins. Barbara Alongi congratulated Councilman Magee on his re-election and quoted two commentaries on selflessness and serving others. She asked God to bless the City and watch over its residents. Chris Hyland brought to the City Council's attention a negative campaign flyer against her which was mailed to residents before the election. She advised how unhappy her family and many residents in the community were with the flyer and the false statements it contained. She advised that she intended to take action against the committee who sent out the flyers and expose the individuals involved. Ken Niemi addressed Council regarding the article in Tuesday's edition of the Press- Enterprise about the hang gliders. He thanked Councilman Magee for his kind comments about the sport. He addressed a derogatory comment made stating that they were rogues in the Sky. He refuted that comment indicating that most of the members of the Hang Gliders Club were responsible members of the community. PUBLIC COMMENTS -AGENDIZED ITEMS COUNCIL APPROVES CONSENT CALENDAR ITEMS 5 THROUGH 11 Mayor Hickman pulled item 12 from the Consent Calendar because a speaker wished to address that item. (5) Minutes of the Following Meeting(s) a) Joint City Council/Redevelopment Agency Study Session -October 14, 2008. b) Joint City Council/Redevelopment Agency Study Session- October 28, 2008 c) Regular Meeting -October 28, 2008 Recommendation: Approve as submitted. 4 (Ei) Warrant List Dated October 30.2008 Recommendation: Authorize payment of Warrant List dated October 30, 2008. (7) Claim against the Citv Recommendation: Reject the claim of Regina Thiele and direct the City Clerk's Office to send a letter informing the claimant of the decision (8) Large format Canon Printer with Scanner System Purchase Recommendation: Authorize the City Manager to approve the purchase of the Canon imagePROGRAF 720 with Colortrac Scanner System from Innovative Document Solutions, Inc. (g) Rosetta Canvon Fire Station and Park Consultant Contract -Change Order No. 2 Recommendation: 1. Approve the project Change Order No. 2. 2. Authorize the City Manger to execute the contract change order. ~i (10) Citv Council. Planning Commission and Citv Treasurer Pav Waiver Imolementation Recommendation: That the City Council receive and file this report explaining the implementation of the pay reduction. (11) Recommendation: Adopt Resolution No. 2008-94 approving an amendment to the Riverside County Transportation Commission Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance. It was moved by Mayor Pro Tem Kelley to approve Items 5 through 11 on the Consent calendar; second by Councilman 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. 5 (12) Recommendation: Authorize the City Manager to discuss with various fire fighting agencies and authorities at the local, county and state levels to determine the feasibility of locating the Coulson Hawaii Mars Air Tanker on Lake Elsinore during the fire season. Pete Dawson addressed the City Council to express his support of the Council pursuing the Hawaii Mars sea plane for firefighting based in Lake Elsinore. As a long time resident of the community he has seen devastating fires coming from all directions and he knows the value of prompt response. A sea plane can be a benefit to this area by being based here. He also commented on the complaints he has heard about the amount of water used by the sea plane. He advised that the plane uses 7,200 gallons of water and can make round trips in 15 minutes. While 7,200 gallons seems to be a significant amount it is less than one minute of evaporation from this lake which is non- significant. He assured Council that he would continue to secure the anchor system and provide dockage for the sea plane, if it returns. Councilman Schiffner moved to authorize the City Manager to continue discussions with the various firefighting agencies at the county and state level to determine the feasibility of locating the Coulson Hawaii Mars Air Tanker on Lake Elsinore during the fire season; 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. PUBLIC HEARING(S) (13) River Channel Recommendations: 1. Adopt Resolution No. 2008-95 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan. 2. Adopt Resolution No. 2008-96 adopting Mitigated Negative Declaration No. 2008-04 and the Mitigation Monitoring and Reporting Program appertaining thereto. 3. Adopt Resolution No. 2008-97 approving General Plan Amendment No. 2008-03. 4. Adopt Resolution No. 2008-98 approving Commercial Design Review No. 2008-07. Mayor Hickman opened the public hearing at 7:33 pm. Acting Community Development Director Weiner presented a staff report indicating this was a .request for the allowance of sight grading and development of a 50,000 square foot future automobile dealership site. This request also includes a General Plan amendment from the Floodway Designation to a General Commercial Designation consistent with the current FEMA Flood Zone Maps. The Mitigated Negative Declaration clears the site environmentally for future development as well as facilitating the movement of dirt to the adjacent property for the already approved future site of the Toyota dealership. Director Weiner referred to the City Manager's previous mention of landscaping, architecture and all of the other items tied into design will have to come back for review and approval and that is included in the Conditions of Approval. There were no public comments on this item. Councilman Buckley asked whether staff was looking at both ride-ins and ride-outs on Lakeshore. Director Weiner responded that Staff has not yet analyzed the circulation. Buckley also stated that he did not see a connection to Toyota. Weiner explained that the plan is not that specific, but the issue was brought to staff's attention and it is something that will be looked at. Buckley also confirmed with staff that the lights closest to the homes would have shadings. There being no one further wishing to comment, the public hearing was closed at 7:36 pm. Councilman Buckley moved to approve Resolution No. 2008-95 finding consistency with the Multiple Species Habitat; 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. Councilman Buckley moved to adopt Resolution No. 2008-96 adopting Mitigated Negative Declaration No. 2008-04 and the Mitigation Monitoring and Reporting Program appertaining thereto; 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. Councilman Buckley moved to adopt Resolution No. 2008-97 approving General Plan Amendment No. 2008-03; 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. Councilman Buckley moved to adopt Resolution No. 2008-98 approving Commercial Design Review No. 2008-07; 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. II 7 (1a) Recommendation: The Planning Commission recommends that the City Council adopt Resolution No. 2008-99 approving Amendment No. 1 to Residential Design Review No. 2005-28. Mayor Hickman opened the public hearing at 7:38 pm. Acting Community Development Director Weiner advised Council that this was a request from Pardee Homes to modify a previously approved design review for the Parkside Terrace Multifamily Development In Canyon Hills. The project was approved in 2007 consisting of 227 units. The changes that Pardee is proposing include modifications to exterior window designs, replacing window shutters with pot shelves and stucco surrounds an increase of on-sight landscaping, additional open space for ground floor units and some additional amenities to the tot lot and pool, increasing size. He explained that although the architecture has been modified the applicant has provided additional amenities for the site. Staff feels that the applicant has suggested acceptable alternatives without a loss of quality to the overall project and amenities for this residential development. Dave Dunham, Senior Vice President of Multifamily Development of Pardee Homes thanked staff for the work they have done on this project. He noted that Jim Stringer, Division President and Jay Skinner the Project Manager were in the audience and available to answer any questions. There being no further comments, Mayor Hickman closed the public hearing at 7:40 pm Councilman Schiffner moved to approve Resolution No. 2008-99 approving Amendment No. 1 to Residential design Review No. 2005-8; second by Mayor Pro Tem Kelley who commented on the high quality of Pardee Homes, indicating they are nicely styled and were wonderful homes for families who are downsizing.. 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 scheduled. BUSINESS ITEM(Sl (15) fl 8 Recommendation: Adopt Resolution No. 2008-100 approving the Summary Vacation of a portion of Wasson Canyon Road. Director of Public Works/City Engineer Seumalo addressed Council stating this was a request for a Summary Vacation of a portion of Wasson Canyon Road. He noted the vacation is in compliance with the Landscape Specific Plan and has been found consistent with the General Plan and Circulation Element by the Planning Commission by a 5-0 vote. Staff has confirmed that effective parcels have adequate access to all public roadways and is recommending approval. After confirming that this was surrounded by MSHCP Councilman Buckley moved to adopt Resolution No. 2008-100 approving the Summary Vacation of a portion of Wasson County Road; 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. PUBLIC COMMENTS -NON-AGENDIZED There were no comments. The City council recessed to the Redevelopment Agency at 7:42 pm. The City Council reconvened at 7:53 pm. CITY MANAGER COMMENTS City Manager Brady commented/announced the following: (1) On Monday, November 17~" is Dr. Passarella's Annual Report from 5:30 to 8:30 pm. at the Diamond Club, the cost is $25.00 and this is in lieu of the regular lunch. (2) Thursday, November 13~' Cops for Kids Networking event and mixer at 5:30-7:30 pm at Lake Elsinore's Sheriffs department, 323 Limited Avenue. (3) Thursday, November 13"' is the ribbon cutting for the Holiday Inn Express on Canyon Estates at 11:30 am. (4) Thursday, November 20~' is the senior's Thanksgiving Lunch at Lake Elsinore Senior Center, reservations are required. (5) Saturday, November 22"d Unity in the Community Parade beginning at 10:00 am on Graham, down Main Street to Heald. (6) Saturday, November 25`h, the Chamber softball challenge from 10:00 am to 2:00 pm at McVicker Park. City Manager Brady congratulated all of the candidates who participated in the past election and congratulated Councilman Magee for his re-election. He also ~j congratulated Councilwoman Elect Amy Bhutta and Councilwoman Elect Melissa Melendez. 9 CITY ATTORNEY COMMENTS City Attorney Leibold congratulated all of the candidates, especially Councilman Magee. She looked forward to working with Dr. Bhutta and Melissa Melendez COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS Councilman Schiffner congratulated Councilman Magee for taking on this job for another four years and also congratulated Amy Bhutta and Mrs. Melendez. He hoped they would find it to be as enjoyable as it has been for Mayor Pro Tem Kelley and him. Mayor Pro Tem Kelley offered her congratulations to Councilman Magee and to Amy Bhutta and Melissa Melendez as well. She hoped they would enjoy it as much as she has for the past t 3 years; and wished them God speed. Councilman Magee thanked the past and present veterans for their service and asked for prayers for the safe return of all our troops that are overseas. He also thanked the voters for their support and expressed his honor to be able to continue to serve the community. Councilman Buckley commented on the negative campaign flyer regarding Chris Hyland and thanked all of the candidates who ran noting it was not easy to do. He stated the decision to put in the time shows that they care about the community and he urged them to please stay involved. He specifically congratulated Councilman Magee, Amy Bhutta and Melissa Melendez indicating he is looking forward to a good four years. Mayor Hickman noted that there were about 2,000 to 3,000 kids who came downtown for Halloween. The downtown merchants gave away 20 bicycles for the best costumes. He announced the Unity in the Community parade November 22, 2008, and invited everyone to come out and enjoy all of the groups that will be there. He thanked the veterans and the ROTC for doing an excellent job. He congratulated the candidate elects and Councilman Magee on their election and he congratulated all of those that ran. t0 ADJOURNMENT There being no further business to come before the Council, Mayor Hickman adjourned the meeting at 7: 58 p.m. CK AN, MAYOR CITY OF LAKE ELSINORE ~i -= G %'- CPrROL COWLE , IP ~•••CITY OF. LAKE ELSI °°- CITY CLERK 11 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 25, 2008 ***•**~*****•*R*RYtk%'R%'R%'R4R**tT**************RR*****k********44RRYeYtYrRYe******************f*****~!f*k*f# CALL BACK TO ORDER (7:00 P.M.I 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 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. (4) Warrant List dated November 13. 2008 Recommendation: Authorize payment of Warrant List dated November 13, 2008. (5) Investment Resort -October 2008 Recommendation: Receive and file. (ti) Claim Against the Citv 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 Aoreement for 1-15/Railroad Canvon Road Interchanoe 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) 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 (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) 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 Desian 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 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 asingle- 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) 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 Nichols Road. West of Collier Avenue the size of lots 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 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 Lacuna Redevelopment Proiect Areas No. I. II, and III: and Resolution Determining that Amended Plans will not Require the Formation of a Proiect Area Committee 7 Recommendation: The City Council adopt Resolution No. 2008-106 Determining (~~ that the Formation of a Project Area Committee is not required. II 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 i 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. I.I RECOGNITION OF OUTGOING ELECTED OFFICIALS Mayor Hickman asked Mayor Pro Tem Kelley and Councilman Schiffner to come ~i 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 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 I 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 ^ Saturday, November 25th is the Chamber's Softball Challenge at McVicker Park i ~ 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 4th 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`h is Breakfast with Santa at 8:30 am and fire station 10 and Saturday, December 13`h at 8:30 am at fire station 85. ^ Friday, December 12`h is the COPS for Kids fundraiser at Ravioli's Restaurant. ^ Saturday and Sunday, December 13`h and 14th 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 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 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. [I 13 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. ARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE ATTEST: / s; CAROL COWLE ,INTERIM CIT CLERK CITY OF LAKE ELSINORE ~I 14 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 9, 2008 CALL TO ORDER (7:00 P.M.) The Regular Meeting of the City Council was called to order by Mayor Hickman at 7:02 p.m. PLEDGE OF ALLEGIANCE Mayor Hickman asked outgoing Council Member Bob Schiffner and Sophia Melendez to lead the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting 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: City Manager Brady, City Attorney Leibold, Administrative services director Pressey, Acting Community Development Director Weiner; Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Communications and Information Manager Dennis, and Interim City Clerk Cowley CLOSED SESSION REPORT No closed session scheduled. PRESENTATIONS/CEREMONIALS No presentations scheduled. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Pete Dawson addressed Council on behalf of Lemsar regarding the partial lake closure on Wednesday, December 10~h. He added that Lake Elsinore has been discovered by the British Air Force who will drop military personnel by parachute into the lake. He advised the operations would be from 7:00 a.m. to 7:00 p.m. and the drops will be from a C-140 cargo plane from March Air Force Base into the lake all day with more than 20 jumpers. Lemsar will have five recovery vessels on the lake all day. Dan Uhlry advised Council that he was in error when he addressed Council approximately one month ago. stating that he did not recall Route 395 going through downtown Lake Elsinore. He advised that he stands corrected and apologized to the Council, the citizens and also to Kevin Jeffries. He found a picture from 1939 that showed Route 395 went through Lake Elsinore. PUBLIC COMMENTS -AGENDIZED ITEMS - 3 MINUTES MIKE NORKIN who requested to speak after the installation of the newly elected officers. DECLARATION OF GENERAL ELECTION RESULTS AND CITY COUNCIL ~~) Recommendation: That the City Council: a) Adopt Resolution No. 2008-107 Reciting the Facts of the General Municipal Election held on November 4, 2008, Declaring the Result and Such other Matters as may be Provided by Law; b) Direct the City Clerk to deliver Certificates of Election to each of the persons elected to office; and c) Direct the City Clerk to administer the Oath of Office as prescribed in the Constitution of the State of California City Manager Brady advised Council that the action before Council was consideration of the resolution certifying the result of the election for the City Treasurer position and the three City Council positions. He indicated the first action would be to adopt the resolution; the second action would be to direct the Interim City Clerk to deliver the Certificates of Election to each of the persons elected to office and the third action would be the administration of the Oath of Office for each of the four persons that were elected. Mayor Pro Tem Kelley moved to adopt the resolution reciting the facts of the General Municipal Election held on November 4, 2008; seconded by Councilman 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. Mayor Pro Tem Kelley moved to direct the City Clerk to deliver Certificates of Election to each of the persons elected to office and direct the City Clerk to administer the Oath of Office; second by Councilman 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. City Clerk Cowley presented Certificates of Election to Allen P. Baldwin, City Treasurer, Amy Bhutta, City Councilwoman, Robert E. Magee, City Councilman, and Melissa Melendez, City Councilwoman. Thereafter, City Clerk Cowley administered the Oath of Office to the newly elected officers of the City of Lake Elsinore. r-; Former Mayor Pro Tem Genie Kelley and Councilman Schiffner vacated their Ii seats and Councilwomen Amy Bhutta and Melissa Melendez took their places at the dais. Councilman Magee reassumed his seat at the dais. Mike Norkin, Chairman of the Public Safety Advisory Commission addressed Council and welcomed the new council members and treasurer indicating the Public Safety Commission looks forward to working with them in the future. (2) Annual Reorganization of the Citv Council to select the Mavor and Mavor Pro Tem Recommendation: That the City Council: a) Yield the floor to the City Clerk to open and accept nominations for Mayor; close the nominations and conduct a roll call vote. b) Appointed Mayor assumes the chair and opens and accepts nominations for Mayor Pro Tem; close the nominations and conduct a roll call vote. Mayor Hickman yielded the floor to the Interim City Clerk who opened nominations for the Office of Mayor. Councilman Thomas Buckley nominated Councilman Robert Magee for Mayor; second by Councilwoman Melissa Melendez. There being no further nominations, the Clerk closed the nominations for Mayor. The nomination to select Robert Magee as Mayor unanimously carried by the following vote: AYES: Councilman Buckley, Councilwoman Bhutta, Councilman Hickman, Councilman Magee, and Councilwoman Melendez. NOES: None. Mayor Magee assumed the chair, thanked his colleagues for his selection as Mayor indicating he looked forward to the year ahead. Mayor Magee opened nominations for Mayor Pro Tem and nominated Councilwoman Melendez for Mayor Pro Tem; second by Councilman Hickman. There being no further nominations for Mayor Pro Tem, the Mayor closed the nominations. The nomination to select Melissa Melendez as Mayor Pro Tem unanimously carried by the following vote: AYES: Mayor Magee, Councilwoman Bhutta, Councilman Buckley, Councilman Hickman, and Councilwoman Melendez. NOES: None. CITY COUNCIL APPROVES THE CONSENT CALENDAR (3) Minutes of the following Meeting(s) a) Joint City Council/Redevelopment Agency Study Session - November 25, 2008. b) Regular City Council Meeting -November 25, 2008. Recommendation: Approve as submitted. (4) Warrant List dated November 26. 2008 Recommendation: Authorize payment of Warrant List dated November 26, 2008. Councilman Buckley moved to approve Consent Calendar Items 3 and 4; seconded by Councilman Hickman, The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None. PUBLIC HEARINGIS) (5) Reguest for Approval of a Resolution of Necessity and Authorization to Commence Eminent Domain Proceedings to Acquire Real Property Necessary for the Improvement of Machado Street Recommendation: The City Council approve Resolution No. 2008-108 authorizing commencement of eminent domain proceedings for the Necessary Portion of the Property. Mayor Magee opened the Public Hearing at 7:14 p.m. ~I City Attorney Leibold provided a report indicating the item relates to the acquisition of a small portion of property along Machado Street to complete the City's widening project. She advised that the City has been in negotiations with the owner and as of the date of the notice which is required 15 days in advance to the property owner and the agenda posting staff had been unable to come to a negotiated acquisition price. The Resolution of Necessity is the first step of an eminent domain proceeding. It does not in any way prevent the City from continuing to negotiate with the property owner and it does not require but does enable the City to proceed with an eminent domain complaint. She advised that the property is necessary to complete the widening of the project. It is a small strip along the frontage of the street and not the entire property and the recommendation is to approve the Resolution of Necessity. Attorney Leibold reported that since the posting of the agenda she did receive correspondence from he property owner indicating the City would successfully acquire the property by negotiation. The item will be on closed session at the Council's next regular meeting and assuming staffs optimism is correct and a negotiated settlement is reached, a purchase and sale agreement will be brought to Council on an upcoming agenda. There being no one from the public wishing to address this item, the Mayor closed the Public Hearing at 7:16 pm. Councilman Buckley moved to adopt the Resolution of Necessity; seconded by Councilman Hickman the motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, Councilman Buckley, and Councilman Hickman. NOES: None APPEAL(S) No appeals are scheduled. BUSINESS ITEM(S) No business items are scheduled. The City Council recessed to the Redevelopment Agency at 7:17 pm. The City Council reconvened to the City Council meeting at 7:21 pm, at which time Mayor Magee invited City Treasurer Baldwin to take his place at the Treasurer's seat. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 3 MINUTES There were no public comments. CITY MANAGER COMMENTS The City Manager commented/announced the following: ^ Thursday, December 11"' is the Lone Star steakhouse & Saloon Ribbon Cutting at 4:00 pm, at 18551 Dexter Avenue. ^ Friday, December 12~', Winter Wonderland Holiday Celebration at 11:15 am at Guadalajara's Mexican Restaurant. ^ Saturday, December 13~", Breakfast with Santa at 8:30 am. At Fire Station # 85. ^ Saturday and Sunday, December 13`" and 14~h, Christmas Tree Lane, 8:30 am to 5:00 pm on Saturday, and Sunday at 8:30 am to 2:00 pm where the drawing will take place at Diamond Stadium. ^ Friday, December 17~', Cops for Kids Fundraiser at Ravioli's. He announced he had additional information, if anyone was interested. City Manager Brady congratulated Mayor Magee and Mayor Pro Tem Melissa Melendez. He also congratulated Redevelopment Agency Chairman Buckley and Vice Chair Bhutta; and Financing Authority Chairman Hickman and Vice Chair Bhutta. He also recognized all of the city staff, acknowledging the Parks and Recreation staff and Public Works staff and all of the individuals who worked on the Winterfest program last Friday stating they did an outstanding job. City Manager Brady also mentioned the work session held on Saturday, December 6`" for the Downtown Plan. He recognized the Community Development Department and everyone involved in putting that together acknowledging it was very successful. City Manager Brady also recognized Matt Pressey, Director of Administrative Services who was leaving the City. He indicated this would be Mr. Pressey's last meeting and he wanted to thank him for his 5-1/2 years of service with the City of Lake Elsinore and wish him good luck in his new position. City Manager Brady reminded everyone to shop locally indicating the dollars spent in the city generates sales tax dollars for the City which pays for police and fire services, other vital City services and also creates jobs for the community as well. He announced that at the end of the meeting there is cake and everyone is invited for cake and refreshments. CITY ATTORNEY COMMENTS City Attorney Leibold congratulated the newly elected officials and congratulations to the new appointees among the Council. She wished Matt Pressey the best. COMMITTEE REPORTS There were no Committee Reports CITY TREASURER COMMENTS City Treasurer Baldwin announced he is delighted to work with the City during this challenging time ahead and he looks forward to working with everyone. CITY COUNCIL COMMENTS Mayor Pro Tem Melendez thanked everyone for coming tonight and stated that she is very excited to be here and is looking forward to working very hard for the City. Councilwoman Bhutta thanked all of the residents who voted for her and put her on the City Council noting she is honored. She is looking forward to working with this great group of people. She thanked her supporters most importantly her husband who is her biggest supporter and she felt there is a lot of work ahead and she was looking forward to it. She also wished Matt Pressey the best of luck. Councilmember Hickman congratulated the newly elected officials including Mr. Baldwin and wished Matt Pressey the best. ~' ADJOURNMENT There being no further business to come before the City Council, Mayor Magee adjourned the meeting at 7:29 pm. F~bBERT ~. MAGEE, CITY OF LAKE ELSIP A' CAROL COWCEY,TNTERIM CITY OF LAKE ELSINORE MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 23, 2008 *****+4tkirir*#*****tkMfFRR,!*R******irYe4ieffR*RR*#*****RRRYr4Yr***~!x*****irYeRfk4*R*********fF1Ftk4*kR***k**fRRYeRf CALL TO ORDER - 7: P.M. Mayor Magee called the meeting to order at 7:02 pm. PLEDGE OF ALLEGIANCE Mayor Magee led the pledge of allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM MELENDEZ COUNCILWOMAN BHUTTA COUNCILMAN BUCKLEY ARRIVED AT 7:09 PM ABSENT: COUNCILMAN HICKMAN Also present: City Manager Brady, City Attorney Leibold, Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director/City Engineer Seumalo, Director of Lake and Aquatics Kilroy, Parks and Recreation Director Gonzales, Captain Cleary, Information/Communications Manager Dennis and Interim City Clerk Cowley. CLOSED SESSION REPORT City Attorney Leibold announced the City Council met in closed session to discuss a number of matters identified as Items 1(a) through 1(d) on the agenda. The first involved real property negotiations under Government Code § 54956.8. The parcel numbers are identified on the agenda. Item 1(a) the negotiating parties are the City of Lake Elsinore and the property owners Denise and Tim Fleming.. Under negotiation price and Terms of payment. Item 1(b) also involves real property negotiations under the same legal authority. The parcel number identified in Item 1(b). The negotiating parties are the City of Lake Elsinore and the owners Jess and Marissa Enriquez. Under negotiation price and terms of payment. Item 1(c) involves existing litigation under the authority of Government code § 54956.9(a); the City of Canyon Lake versus the City of Lake Elsinore and the case number is identified under Item 1(c) of the agenda. The final Item involves two potential cases under the authority of government Code § 54956.9(b) concerning anticipated litigation. Those were all of the items discussed and there is no reportable action. 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) PROPERTY: APN 375-250-026, -027, 375-942-015 CITY NEGOTIATOR: City Manager Brady NEGOTIATING PARTIES: City of Lake Elsinore, Denise Fleming, and Tim Fleming UNDER NEGOTIATION: Price and terms of payment 1(b) 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(c) CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) City of Canyon Lake vs City of Lake Elsinore (Riverside Superior Court Case #513811) 1(d) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases PRESENTATIONS/CEREMONIALS Mayor Magee introduced Mark .Dennis who has spearheaded the effort for the City's new website. Mark Dennis, Information/Communications Manager presented a sneak preview of the City's new website that would be launched on January 5~". He presented the City Council with a guided tour of the web site pointing out the features and tools of the new website. He explained that this project began in March when staff brought the contract with Vision Internet to Council for approval. He advised that much of what is being shown to Council was hand-built by City staff because what was purchased was a highly powertul tool for letting staff distribute the load of putting content on the web by department by subject matter experts. It is a new philosophy from a standpoint of how the City approaches e-government. Mr. Dennis introduced the features of the website. He introduced Toby Soto, IT Supervisor and John Herrera, Information Technology 2 Technical who were part of the project team. (Because of technical difficulty, the presentation was interrupted and postponed until later in the evening). Mayor Magee invited Council Member Buckley to the podium. He advised that each year the Council selects from its own certain officers that are required to do certain tasks and over the last two years Tom Buckley has been the City's Redevelopment Agency Chairman. Mayor Magee stated that Mr. Buckley has shown a certain passion and vigor in moving a certain agenda forward so much so that he was unanimously selected to lead the Redevelopment Agency for a third year. He presented Chairman Buckley with a plaque showing the Council's token of appreciation for last year's efforts. Chairman Buckley accepted the plaque and thanked the Council stating that after two years of working on making sure the Redevelopment Agency was in a place to move forward, this year it is. He advised that over the next six months the community would see a great deal of activity come out of the Redevelopment Agency. He noted that it can be seen with the Downtown Master Plan, the purchase of certain properties moving forward with the changes in the project area. He expressed his belief that the Redevelopment Agency is there to provide the infrastructure for opportunity especially in these difficult economic times; the Redevelopment Agency is in a perfect position to help the City restart its engine. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Tim Fleming addressed Council regarding the National Census Homeless Week beginning January 26"'. Every two years, in an effort to eliminate homelessness in the United States, HUD the largest source of homeless program funding performs aone- day point in time, sheltered and unsheltered individuals. The County wide activities will be on Wednesday, January 28, 2009. Volunteers are needed for this important effort. He advised that forms were available at the entrance to the cultural Center and at City Hall. CONSENT CALENDAR Mayor Magee announced he received a request to pull Items 5 and 8 from the Consent Calendar. Councilman Buckley moved to approve Consent Calendar Items 2 through 9, excluding Items 5 and 8; seconded by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Councilwoman Bhutta, Councilman Buckley, Mayor Pro Tem Melendez and Mayor Magee. NOES: None. ABSENT: Councilman Hickman. (2) Approval of Citv Council Minutes Recommendation: Approve the following Minutes: a) The Minutes of the regular City Council Meeting -December 9, 2008. 3 (3) Warrant List Dated December 15. 2008 Recommendation: Authorize payment of warrant list dated December 15, 2008. (4) Claims Against the Citv Recommendation: Reject the claims of Carlos Ramirez, Rocio Vargas, and Maria Navarro and direct the City Clerk's Office to send a letter informing the claimants of the decision. (6) Award of Professional Service Contract for the Design of Diamond Drive and Lakeshore Overlay Recommendation: The City Council award the consultant contract to KOA Corporation for an amount not to exceed $69,280 for preparation of plans and specifications of Grand Avenue. (7) Update to State of California Local Aoencv Investment Fund (LAIF) Resolution Recommendation: That the City Council approve Resolution No. 2008-109 which removes Matt N. Pressey and David W. Sapp as authorized signers for all Local Agency Investment Accounts held at the State of California. I I (9) Investment Report -November 2008 Recommendation: The City Council receive and file the report. CONSENT CALENDAR ITEMS 5 AND 8 (5) Walnut Drive and Frasier Drive Improvements -Notice of Completion Recommendation: The City Council authorize the Mayor to execute the Notice of Completion and request the City Clerk to file the Notice of Completion with the County of Riverside. Mayor Pro Tem Melendez felt It was important to note that the original bid for this project was for $395,000; however, the total cost was $164,000 which came in significantly under bid. She stated that at a time when the State budget is in such turmoil and our federal funding is a big question mark, anytime the City can save money is a huge benefit to the City. She thanked Staff for their hard work. (8) 4 Recommendation: That the City Council approve the Agreement and Joint Escrow Instructions for Purchase and Sale of Real Property in substantially the form attached, 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 Melendez thought it was important to note that this item was for the use of eminent domain on property on Machado Street; however, the City did not have to proceed with the eminent domain action because the City was able to negotiate with the property owners and came to a mutually satisfactory agreement. She felt this was terrific because this Council does not want to set a precedent by using eminent domain so if an agreement can be reached that is certainly the option the Council wants to take. Councilwoman Bhutta moved to approve items 5 and 8; seconded by Mayor Pro Tem Melendez. The motion carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta and Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. PUBLIC HEARING(S) (10) Recommendation: The Planning Commission recommends the City Council adopt Resolution No. 2008-110 Certifying Negative Declaration No. 2008-13 and Resolution No. 2008-111 for Tentative Tract Map No. 32013 for Finance and Conveyance Purposes. Mayor Magee opened the public hearing at 7:27 pm Acting Community Development Director Weiner addressed Council advising the item was a request for a Negative Declaration and approval of a Tentative Tract Map. He indicated the applicant is requesting a merger of eight existing parcels in order to facilitate the sale and financing the property for future development. Approval of this map would result in one 70 acre parcel. The Planning Commission approved this request unanimously. As was noted in the study session there are no development approvals for this area of town as of yet. This is simply a financing mechanism for the applicant to do some things with the bank. There being no one wishing to speak to this issue, Mayor Magee closed the public hearing at 7:19 pm. Councilman Buckley moved to approve the recommendation of staff; seconded by Mayor pro Tem Melendez. The motion carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, and Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. 5 City Attorney Leibold clarified for the record that there are two separate resolutions that were approved by a single motion. APPEAL(S) (11) Recommendation: That the City Council: 1) Consider the appeal and either uphold the Planning Commission's decision to deny the Public Convenience and Necessity request; or 2) Overturn the Planning Commission's decision and approve the Public Convenience and Necessity request. Acting Community Development Director Weiner advised Council that this item returns after being continued off-calendar on October 28~ 2008. On October 7, 2008, the Planning Commission voted 3-1 that a finding of public convenience and necessity could not be made for this request to sell alcohol from a yet to be opened convenient store in the Viscaya Shopping Center. Since the last City Council meeting the property owner conducted outreach to the adjacent homeowners and the homeowners association group; correspondence from residents and adjacent businesses are attached to the staff report and the applicant is present if Council has any questions. Councilman Buckley stated that for sometime all of Council has been getting emails, comments and letters from neighbors who were opposed to the sale of alcohol. He stated that the applicant did outreach and now Council was receiving emails and letters stating people are in favor of the proposal. Councilman Buckley indicated he would like to receive copies of the letters from the police stations in the other cities. Tom O'Meara, representative of the landlord of the property addressed Council indicating that in October they received letters from the Alcohol Beverage Control for the tenants' existing licenses showing there is no incidence and no disciplinary history found on any of the Tenants. He indicated he had a copy of the letter that was emailed to him, if Council wished to see it. Councilman Buckley confirmed there was no one from the neighborhood present at the meeting. Councilwoman Bhutta stated that the residents were initially opposed to this establishment because they were told it would be a liquor store and now they seem to be in support of it since it will be a convenience store. Although Council was advised of this she walked the neighborhood over the weekend and knocked on doors to determine if that is in fact how the majority of the residents felt. She is happy to report that is exactly how they felt. She said she was fortunate enough to speak to one of the board members and members of his family and they are all okay with it. 6 Dave Mudgett, the developer and owner with Corman Leigh of the Center thanked the Mayor for suggesting they do an outreach program, which they did on multiple occasions both with commercial users and residents. Mr. Mudgett learned there had been a misunderstanding and they made themselves available to every homeowner and answered every question that came about. He thanked Council for both the suggestion and the prompt stating he believed they are now in a position where everyone feels comfortable that it is a respectable and experienced operator. Mayor Magee thanked Mr. Mudgett for making the effort to reach out to the public noting that as he stated before that if the tenant wasn't going to be accepted in the neighborhood, he wasn't going to have any customers. Councilman Buckley moved to overturn the Planning Commission's decision and approve the Public Convenience and Necessity request; seconded by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, and Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. BUSINESS ITEM(S) (12) Recommendation: That the City Council adopt Resolution No. 2008-112 the attached resolution for the pre-tax deduction plan for service credit purchases. City Manager Brady advised Council that this item was a process to allow employees that participate in the CaIPERS system the opportunity under the CaIPERS retirement system to buy back time for military service time or additional time, if the employee chooses. Currently an employee can buy time but it is with after-tax dollars. This would allow employees to purchase time and not have to pay taxes on that portion. There is no cost to the City even in terms of administration. It becomes a payroll deduction process. Mayor Pro Tem Melendez moved to adopt Resolution No. 2008-112 for the pre-tax deduction plan for service credit purchases; seconded by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, and Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. (13) 2008/09 Supplemental Law Enforcement Services Fund (SLESF) Grant Recommendation: Approve the expenditure plan and the allocation of funds from the SLESF Grant. 7 City Manager Brady advised this is a grant which has been applied for in the past. It is i ~ for $100,000 that is funded by the State of California and administered by the County of Riverside. He added that $50,000 of the grant can be used toward salaries and benefits of the officers on the street and the remaining $50,000 can be used for equipment which can vary with traffic enforcement, law enforcement on the lake, and a number of other things that can be used to combat any criminal activity. He felt it is a definite benefit for the City to have these funds. He recommended the City Council approve the expenditure and the adoption of the funds. Mayor Pro tem Melendez moved to approve; second by Councilwoman Bhutta. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, and Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. (14) Recommendation: Authorize approval of the Interim Agreement and execute the Agreement with the Ferguson Group, L.L.C.; reauthorize the annual legislative delegation Washington, D.C. meeting and related travel expenses at the not-to- exceed amount of $5,000.00; and authorize a budget adjustment for $21,000.00 from unallocated revenue. City Manager Brady advised that the city has had a wntract with the Ferguson Group for lobbying services over the past three years. That agreement did expire o October 31St and the Ferguson Group, in an effort to continue to assist the City, has offered to provide their services through June 2009 in an amount of $2,000 per month which is essentially one-third of the costs the City was previously paying, which is a significant savings. There are a number of items that the City has had on the legislative agenda with regard to requests for funding and the City does have a current request in the amount of $100,000 that could be used toward our Emergency Operations Center at the Sheriffs Station. This would also allow the City to extend the services to help with the next agenda with regards to securing additional funding for local projects in the City of Lake Elsinore. Staffs recommendation is to move forward with approval of the agreement and as part of this send a contingency consisting of the Mayor, Chairman of the Redevelopment Agency, and the City Manager to Washington DC to meet with the elected officials. He advised it is a very quick trip; however, it is important to meet with the elected officials and place the City's name and projects before them. A package of items is put together in a formatted booklet which is presented in Washington DC. He indicated there is $21,000 from unallocated revenue set aside to cover the costs of this trip. He pointed out there is currently $3,000 in the budget for travel so essentially staff is requesting $18,000. Councilman Buckley moved to approve; second by Mayor Pro Tem Melendez. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro 8 Tem Melendez, Councilwoman Bhutta, and Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. 15) Annual Financial Reports for the Fiscal Year Endino June 30. 2008 Recommendation: That the City Council receive and file the reports. James Riley, the acting Administrative Services Director advised Council that what was being presented was the Comprehensive Annual Financial Report, which is presented every year. This is the annual audit prepared by the City's auditors and is prepared in agreement with Generally Accepted Accounting Principles, Government Accounting Standard Board and other accounting principles. He noted there was a lot of financial information included in the financial report. He indicated it was an unqualified audit which means they didn't have any problems with anything. He stated there were some comments in the Management Letter which they were already addressing. City Treasurer Baldwin stated that he would be sitting down with the City Manager and Mr. Riley this month and will be working on this as well as with the Council before the end of February. Councilwoman Bhutta moved to approve the Annual Financial Reports for the Fiscal Year Ending June 30, 2008; second by Mayor Pro Tem Melendez. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, and Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. (16) Citv Council Appointments to Various Oraanizations Recommendation: That the City Council confirm the appointment of delegates and alternates as contained in the Mayor's Recommended Council Appointments List Mayor Magee stated that one of the obligations of a council member was to serve as a designee of any number of different commissions and committees throughout the County and the City. Each year the City Council reappoints to a number of different boards. Bringing two new council members on board and losing two who had significant amount of institutional knowledge, this year's assignments required a significant amount of time. He thanked staff in the City Manager's office for working so diligently with him on this and he felt he was able to accommodate most everyone's wishes. An effort was made to match people's strengths with their desires and match them against their current time constraints, with that some minor modifications that were made at the 4:00 pm session. Councilwoman Bhutta moved to approve the City Council Appointments; seconded by Councilman Buckley, who mentioned that the Riverside County Habitat Conservancy Agency meets the first Monday of almost every month; the quarterly meetings noted on 9 the Appointments list is not accurate. He stated that's why making the RCA and RCOG ~~ alternates to each other is helpful, the meetings are in the same place, back to back. Mayor Magee asked Mayor Pro tem Melendez if she would be able to accommodate that schedule. Mayor Pro Tem Melendez replied in the affirmative. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, and Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. (17) City Clerk Recruitment Recommendation: That the City Council appoint two of its members to serve on asub-committee to review the 32 applications for the City Clerk position, conduct the first interview process and select the candidates to be interviewed by the entire City Council. Mayor Magee indicated staff was directed to accumulate applications for the vacant City Clerk position. The action this evening was to appoint asub-committee of two council members to review the applications and select some finalists. The action this evening is to assign Mayor Pro Tem Melendez and Councilwoman Bhutta to that sub-committee. Councilman Buckley moved to approve the sub-committee; second by Mayor Pro Tem ~- Melendez. The motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, and Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. The City Manager advised that he had copies of the applications ready, of which there are 32; for each of the committee members. He mentioned the Mayor Pro Tem suggested and he thought it was a great idea to ask the Interim City Clerk to sit in on the interview process with Mayor Pro Tem Melendez and Councilwoman Bhutta. (18) Ordinance of the Citv Council of the Citv of Lake Elsinore. California, Renumberina Chanters 3. 5, 6. 16 and 17 of the Lake Elsinore Municipal Code Recommendation: That the City Council read by title only and waive further reading of Ordinance Renumbering Chapters 3, 5, 6, 16 and 17 of the Lake Elsinore Municipal Code. City Attorney Leibold advised Council that the City contracted with a code publishing company to review and rewrite the City's Municipal Code. That task has been completed and in so doing critical parts of the Municipal Code were re-numbered so that the current chapter references don't correspond to the new, reorganized Municipal Code. This ordinance will take care of that housekeeping task so that the Code has a new numbering system. She indicated with the Municipal Code going on line it is ~', important that there be an appropriate renumbering that matches an ordinance that 10 allows the updated Code to go into effect. Staff recommended approval of the ', ordinance and tonight will be the first reading. Councilman Buckley moved approval; seconded by Councilwoman Bhutta. The motion unanimously carried by the following roll call vote: AYES: Mayor Magee, Mayor Pro Tem Melendez, Councilwoman Bhutta, and Councilman Buckley. NOES: None. ABSENT: Councilman Hickman. The City Council recessed to the Redevelopment Agency at 7:40 pm. The City Council reconvened to the City Council at 7:45 pm. at which time Information/communications Manager Dennis completed his presentation on the City's new website by providing the Council with some of the features for individual departments. He introduced the City Council to the Municipal Code which was now on line and hosted by a third party. Mr. Dennis showed them how easy it is to research the City's Municipal Code by using a search word. Mr. Dennis provided Council with a demonstration of the new added function through a company called Granicus that live streams the City Council meetings via the internet while at the same time providing access to the agenda and linked agenda reports. The video streamed meetings, agendas and minutes are also archived so access to past meetings is available to the public. He demonstrated by showing a segment of the December 9, 2008 meeting. In response to a question posed by Councilman Buckley, Mr. Dennis advised the second meeting in January would be when the meetings would go live on the Internet. He also clarified that the web site would be up and running by January 5"' but the live streaming of the Council meetings would not be until the second meeting of January. He showed Council some very automated navigation tools that have been added for the convenience of the City and the public. He explained "e-subscribe" to Council where a member of the public can request receipt of agendas, press releases, public hearing notices, etc. automatically via a-mail. He explained the new search features of the calendar section that allows individuals to search by particular events for the upcoming year. He confirmed for Councilman Buckley that once the agendas were loaded and one clicked on a particular meeting, the agenda would be accessed. Mr. Dennis noted that under "News" storm advisories, or other types of emergencies can be posted for the public's information. He reviewed the links for services and departments providing an example of how easy it is to link to service request forms for various services. Councilman Buckley suggested a form for dust due to construction be added that automatically notified the AQMD. Mr. Dennis made a note to create a dust complaint to add as a link and advised that there are all types of tools that staff is still learning to use. He then demonstrated the Public Safety page to Council and illustrated the various links that could be accessed for information in emergencies and the various links to different agencies for information. Mr. Dennis showed Council the Emergency Flash Alert pop up that can also be initiated on the City's web page alerting individuals of a major traffic event and providing alternative routes. Mr. Dennis indicated he would have to validate whether the flash alerts can be subscribed to by individuals or how individuals can be 11 informed. He concluded his presentation and noted that staff is still putting together a lot of information. Mr. Dennis confirmed for Mayor Magee that there are links to Animal control and Animal friends of the valley advising the links are under "Services" with on-line work order forms. Mayor Magee asked if the pictures of the Martin Mars can be plugged in under Public Safety. Mr. Dennis confirmed they would be. Mr. Dennis confirmed for councilwoman Bhutta that a link on the home page for street closures and street repairs could be accessed under "Traffic Conditions" and it could also be noted on the calendar. Mayor Pro Tem Melendez complemented the website stating that it looks terrific and thanked staff for the hard work indicating this is far better than where the city was in terms of the web site. Councilmember Buckley indicated he did not see a Link to "Other Governments" page. Mr. Dennis explained where that link could be found under the "City Council" page, and how the links worked. City Attorney Leibold announced a point of order on Item No. 18, the Ordinance Renumbering of the Municipal code. She indicated that a Roll call vote was taken, ~; however; the motion was to adopt the ordinance by title only and waive further reading, ~ but Council failed to read the title. She asked that the matter be re-opened to allow the ~ city Clerk to read the title and announce the vote is confirmed. Thereafter, the city clerk read the title of the ordinance into the record and confirmed the vote. 'FAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, RENUMBERING CHAPTERS 3, 5, 6, 16 AND 17 OF THE LAKE ELSINORE MUNICIPAL CODE." PUBLIC COMMENTS -NON-AGENDIZED ITEMS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented/announced the following: • Recognized all of staff that worked on the website because as Mr. Dennis indicated each department has been responsible for putting that information together to create that website and a lot of the time that it has taken was to train staff as to how to do this so in the future each department will then be able to update and keep those pages up to date and in order. He thanked staff for their efforts. 12 ^ Monday, January 5, 2009 is the groundbreaking for the animal shelter at 10:00 am at Mission Trail. ^ Saturday, January 24"' is the 60`" Annual Installation for the Chamber of Commerce which will be held at the Diamond Club and is $100 per person. ^ City facilities will be closed on December 25`h and 26"' and also on January 1S` and 2"d. He wished everyone a very happy holiday, Merry Christmas and a happy New Year. CITY ATTORNEY COMMENTS City Attorney Leibold wished everyone a Merry Christmas, happy holidays, and a safe and happy New Year stating she would see everyone in 1009. COMMITTEE REPORTS There were no committee reports. CITY TREASURER COMMENTS City Treasurer Baldwin wished everyone a happy Chanukah, Merry Christmas and a happy New Year. CITY COUNCIL COMMENTS Mayor Pro Tem Melendez wished everyone a Merry Christmas, happy New Year and asked everyone to remember our veterans serving overseas and those recovering in hospitals here. Council Member Buckley thanked the audience for coming out two days before Christmas. He reminded everyone about the ground breaking of the Animal shelter which has taken many years to get up and running on January 5`h at 10:00 am next to the Wildomar Chamber of Commerce building on Mission Trail across from the former Elks club. He wished everyone a happy Chanukah, Merry Christmas, terrific Tet, kicken Kwanza, fantastic Festivus and a great New Year. Councilwoman Bhutta thanked everyone involved in the creation of the new website, she thought it was wonderful and all of staffs hard work shows. She reiterated happy holidays to everyone stating she would see everyone in 2009. Mayor Magee complemented Mr. Dennis and his staff on the website, stating it was well done and outstanding. He stated that this has been a tough year on so many levels and he felt it was important to take note and take stock of everything one has to be thankful for. He recommended turning to family members, friends and pets and gives them all a hug and a kiss and remembers what's truly important this holiday season. He wished everyone best wishes in 2009, happy Chanukah, Merry Christmas, Feliz Navidad and happy Kwanza. 13 There being no further business to come before the City Council the meeting was adjourned at 8:12 pm. ,~ ~ r ROBERT MAGEE, ~} OR CITY OF LAKE ELS1P ORE ATTEST/: ------- l-=~'~ CAROL COWLEY, TERIM ITY CLERK CITY OF LAKE ELSINORE !~ !i 14 MINUTES ~I JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 22, 2008 CALL TO ORDER Mayor Hickman called the Joint Study Session to order at 5:08 p.m. 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, City Treasurer Weber, Administrative Services Director Pressey, Director of Community Development Preisendanz, Director of Lake and Aquatic Resources Kilroy, Director of Parks and Recreation Gonzales, Director of Public WorkslCity Engineer Seumalo, Planning Manager Weiner, Planner Coury, Building/Safety and Code Enforcement Manager Chipman and City Clerk Munson. PLEDGE OF ALLEGIANCE City Treasurer Weber led the audience in the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman requested a moment of silent prayer for Robert Cartier, owner of Elsinore Ready Mix, who recently passed away. DISCUSSION ITEM (~ A. Fiscal Year 2008/09 Ooerating Budget Administrative Services Director Pressey presented the 2008/09 Operating Budget for the City, LLMD and the Redevelopment Agency. He indicated this 1 year's General Fund was challenging, was reviewed at mid-year and had $2 million in cuts. He noted when re-looking at the revenues and estimating for the current year and projecting into 08/09, there was a significant drop in revenues. He stated staff re-assessed the revenue picture and is presenting new projected numbers. He noted the City Manager notified staff of the short fall and staff came back with some proposals that were very efficient use of City resources, to include many cut-backs to reduce the budget by $1.8 million. Administrative Services Director Pressey indicated Public Safety remains the number one priority of the City and is 43% of the total General Fund budget. He indicated of all of the increases from last year to this year, Public Safety is 182% of the increase; the Police Services are going up $195,000 and Fire is going up $348,000 and is related to their rates. Administrative Services Director Pressey indicated the City broke even at the end of last year. He noted the City's reserves will stay at $3.5 million, the supplemental revenue/stabilization fund will remain at $1.5 million, unallocated revenue will hit the $5 million mark so total at the end of June 30`h, the City will have $10 million available for use. He stated at the end of 2008/09, after this adopted budget, the City would maintain their reserves, supplemental would have a net increase and unallocated would get $1 million and the City would end at $8.7 million at the end of the year. Administrative Services Director Pressey indicated the City is drawing from its supplemental/stabilization fund and which is helping the City balance its budget. Administrative Services Director Pressey reviewed the budgeted expenditures. He noted reductions of salary and benefits, doing more in-house, reducing or eliminating programs, deferring goods and services, reduction in meetings and training, hiring freeze, reduction in overtime, decrease in PERS, and at mid-year a reduction in a variety of positions. Administrative Services Director Pressey indicated in the Community Development Department there were questions raised with Community Development revenue decreasing significantly with building permits, which spiked all the way up to $5 million, now it is down to $1.2 million, and to expect the Community Development Department to cut the equivalent amount, there is reason why the City would not, and from an operational stand point, all of the departments have looked at their budgets to try to determine where they can cut and where it makes sense to cut. He also indicated in the Planning Division applications are still being received, which range in scope, and averaging 230 customers per week, an average of 50 per day. Administrative Services Director Pressey reviewed the special projects the Community Development has on the horizon such as the Auto Mall Overlay, Main Street/Downtown Master Plan, Lakeshore Overlay District Update, 2 Consistency zoning, adoption of drought tolerant landscape ordinance, and ~, adoption of a telecommunications ordinance. Administrative Services .Director Pressey reviewed the Building Inspectors assignments such as new foreclosed property ordinance enforcement, NPDES compliance, assisting code enforcement, building business license data base, performing Public Works inspections on single family projects and cross training as a back up to the Fire Inspector. Administrative Services Director Pressey reviewed the Redevelopment Agency budget. He indicated the Agency budget is increasing $4.9 million and the fund balance is gone up significantly. Administrative Services Director Pressey noted the City did receive a letter from EVAN and noted their request was not included in the budget. Ron Hewison, HOPE, indicated the greatest group of people they help are seniors, between 175-180 month; programs are income driven; discussed Angel Food Ministries; and thanked Council for everything they have done for HOPE in the past and requested Council to try to hold HOPE at the same levels as in the past. r-; AI Lyons, LEMSAR, requested Council to raise their annual budget for LEMSAR back to $10,000 and reviewed the services LEMSAR provides to the community at the lake. City Treasurer Weber commended staff on the presentation of the budget material. He stated he had a conversation with the City Manager regarding the drop in revenues and his ideas for reducing expenditures such as decreasing overtime, compensating people with comp. time instead, not giving cash out for vacation and monitoring the contractors who are not generating revenue. He commended the City Council for not having any big law suits. He also noted the RDA needs to start generating revenue because it was taking money from the General Fund. Councilman Magee commended City Manager Brady, Mr. Pressey and the Department Heads for their efforts placed in the budget. He noted revenues are slightly up and our expenditures only increasing 1% and indicated for the first time the City is taping into our rainy day fund. Councilman Magee inquired when will the Rosetta Canyon Fire Station going to break ground. City Manager Brady responded the City will be going out to bid next week, will be (' j awarding the bid in July of this summer and anticipate a 12-14 month build period. 3 Councilman Magee inquired why there is $165,000 in next year's budget for the I ~ General Plan which is twice the amount he was told what was owed to the consultants. Administrative Services Director Pressey responded there were a couple components: 1) the project initially was approved for $800,000 flat; projecting out with potential with the need to extend and do more work on the General Plan which is part of the increase and some adjustments to the scope; and 2) there was staff time charged directly to the project and was not in the $800,000 component. Councilman Magee inquired if the City is looking at a new environmental impact report on the General Plan. City Manager Brady responded there will not be a need for a new one; he indicated the proposed changes being made may require re-circulation of the EIR and also re-circulation because of the work that needs to be done to address these changes. Director of Community Development Preisendanz responded the original contract was $825,000 of which $160,000 is left under this contract to date. He indicated should the Council decide, with the recent trend of land use changes, if it generates a recirculation, there could be out of scope costs, but could be absorbed under the purchase order still within the scope of the contract. Councilman Magee inquired if there were specific projects designated for the $31,000 in branding. Information & Communications Director Dennis responded the $31,000 is the rolling over of funds for unfinished projects that have not been completed such as signage; vehicle conversions and signals and deferring gateway monument signage. Councilman Magee inquired when the Downtown Master Plan would be completed. Administrative Services Director Pressey responded staff is looking at bringing this before the City Council in August and the RFP is being prepared to take it out to service. Councilman Magee suggested it would be prudent to identify in the Land Acquisition; $100,000 in the next four years instead of the $500,000 three years out and nothing behind it. Councilman Magee inquired about the additional $6,500 allocated for the web site and inquired if the web site would be completed by July. 4 Administrative Services Director Pressey indicated the $6,500 shown is a roll I I over. Information & Communications Director Dennis responded staff is working very hard to attain this goal and stated the site map is indicating there still is a lot of work to be done. Councilman Magee inquired when construction on the river walk commence. Parks and Recreation Director Gonzales responded currently the City is going out for an RFP for a landscape architect to design the project which should be before Council in July. He noted construction should begin in the fall. Councilman Magee stated $10,000 is being requested to be eliminated from the Public Safety Advisory Commission budget, and noted City Manager Brady attended a Public Safety Advisory Commission and requested the Commission to not forward their request for a new Public Safety staff position. He also noted staff has indicated this commission requires a significant amount of staff time. He stated he has watched the workload on the Community Development side drop significantly, and have been shown five slides tonight why Council should not cut anyone from that Department; building inspections have gone below 270 inspections a week from a high of 1,100; Planning Department front counter visits have dropped below 200 from a high of over 400 last year; and with all this "extra time", he inquired could some of these folks be transferred over to in augmenting staff support for the Public Safety Advisory Commission. He noted staff needs to look at reassignments of responsibilities because we can't just not help the Public Safety Advisory Commission go forward. City Manager Brady responded this position is not specifically for staffing the Public Safety Advisory Commission. He indicated it was for ah Emergency Operations Coordinator which would have the responsibility of training of staff in terms of emergency operations and preparing the City's emergency operations plan. He noted he is fully supportive of having this position, but does not believe it is time to add this position. Councilman Magee indicated he would like to move this as an unfunded position so that the City knows what the requirements of this position are and as the City moves forward and workloads adjust, some of the staff can be reassigned to assist on some of those tasks. City Manager Brady responded a Building Inspector does not have the knowledge for this position; similar to a Cindy Quigly or Geneva Krag type. He noted his goal was not to hamper the Public Safety Advisory Commission and has provided a considerable amount of support to the Commission. City Manager Brady also noted the City has an excellent team of people that have been put together in the past few years, the morale is high and the team 5 works well together. He stated he would like to keep this team together and believes the economy will have an upturn, and would like to keep these people ~ on for a year or a year and a half from now. He stated people look an organization as to how they treat their assets and resources which the employees are. He noted if the City has to make cuts, then they will do that; but the City will look at way to reduce the budget costs. Councilman Magee inquired about the $114,000 for the Fire Services and asked if this was something the County is imposing on the City. Administrative Services Director Pressey responded it was a carryover from the Community Development Department budget into Fire which would account for part of the $156,000 reduction. Councilman Magee noted the City funded two positions last year and only position was filed one and only for a portion. He inquired if the savings has been recognized in this document. Administrative Services Director Pressey confirmed. Councilman Magee inquired if the cost of living is reflective of year two of the three year contract. City Attorney Liebold responded it is year two of a four contract. Councilman Magee reminded everyone that City Council supported ihis increase, invested in staff, but no one in the private sector is receiving a cost of living adjustment, nobody is getting raises, and along with merit increases, he noted City Council is significantly investing in its staff. City Manager Brady indicated he met with the employees and this was one of the issues he emphasized with them was that the City Council did support the staff by the increase and the contract they entered into with them. Councilman Magee inquired if there are 6-8 deputies on the street at any given time in a 24 hour day. Captain Fetherolf responded deployment patterns in the City is five deputies working on the day shift, five on the afternoon shift and four on the graveyard shift which does not count the support the personnel. Councilman Magee inquired what if the City would request a 10% reduction of what is being currently allocating to the Chamber of Commerce and would they be able to continue the same level of service. City Manager Brady responded yes they could provide the same level of service 6 Councilman Magee indicated the City needs to take a look at reducing the Chamber by 5-10%. Councilman Magee indicated the Southwest Economic Alliance need to make a cut to $25,000 or $20,000 and indicated if their response is that it will not keep the City in the club, then he stated the City needs to get out of the club because the City has not realized any net benefit or result. He noted he has not seen any tangible results since 2003. City Attorney Leibold indicated there is an existing contract that the City needs to be looked at. Councilman Magee suggested instead of allocating $30,000 to Southwest Economic Alliance, allocate the amount to EVAN. Councilman Magee asked the City to include Roxanne Petteway, Coalition to Improve Education, because they are requesting sponsorship from the City from $11,000 to $2,500. He requested to include them on the list and hold the funding for now and perhaps provide a $1,000 donation. Councilman Magee suggested sliming down the $10,000 budgeted for League Councilman Magee indicated the City Attorney's Office has an exceedingly long list of goals but requesting less money. He thanked the City Attorney. Councilman Magee commended the City Clerk for the comprehensive and very well done major goals list and greatly appreciated it. Councilman Magee requested the City's quarterly newsletter be made consistent in the budget document to read as quarterly. Councilman Magee commended Administrative Services Director Pressey for actually improving the return on investments as he noted in his major goals. Councilman Magee noted the typo under "General Law Enforcement" which should ready "Maintain 1.1 officer per 1000 population ratio" not 11. Councilman Magee indicated, on Page 9 under Fire, that the goal be added to expedite inspections and plan check reviews and reducing permit turnaround time. He indicated that was the entire goal for funding that position. Councilman Magee inquired if the purchasing of Auto-cite devices for Code Enforcement was funded in the current year budget. Community Development Director Preisendanz confirmed. 7 Councilman Magee noted he did not see anywhere in the budget the purchase of anew vehicle for the Graffiti Program and directed staff to figure out if this was j going to occur Councilman Magee indicated the construction of Lincoln Street Park is complete and needed to be taken off the list. Councilman Magee inquired when the dock standards will be coming forward. Lake and Aquatic Resources Director Kilroy responded the dock standards are in conjunction with Lake Shore Overlay District standards and will move through the committee before it becomes finalized and is hopeful it will be before City Council in the next six months. Councilman Magee commended Law Enforcement for the 2% reduction in overall crime rate and also noted Code Enforcement numbers are up. Councilman Magee noted the graffiti numbers are significantly up and noted the City needs to continue down the path of a comprehensive integrated system. Councilman Magee thanked staff for including the Animal Control section and providing a base line for the numbers. Councilman Schiffner noted there should be some kind of penalty for being out in the lake late at night. Captain Fetherolf responded he would look into it. Councilman Buckley indicated he was glad to see the City only going into the "drizzly" day fund (unallocated); supplemental is "rainy" and General Fund Reserve is "hurricane." He stated drizzly is being reduced and rainy is being increased, which is good. Councilman Buckley noted public safety is the City's first priority, but at some point their needs to be a top. He indicated he would like to see the Contract Cities get together and have kind of input into the contracts that are signed by the County. Councilman Buckley noted the RDA does not generate revenue, it was set up to capture tax increment that would have been lost to other agencies and set up to build things and to help things out. He noted the $20 plus million for low- moderate housing income that is sitting in RDA is temping, but moving that monies out for another project is not an option by law. He stated the RDA has to r start building units, approximately 800-900 in three years. I Councilman Buckley inquired if the new web site will be using any of the Spry- III Ajax technology. 8 Information & Communications Director Dennis responded he did not know how to answer the question because the City is using proprietary tools from Vision I Internet which uses standard web development tools. He indicated he would look into it. Councilman Buckley stated if and when the City gets the grant for the Emergency Operations Center, then the City creates the Coordinator position and that person would be used for the Public Safety Advisory Commission staff. Councilman Buckley recommended the following: • Offering less to the Ferguson Group; • RDA to contribute half for the lobbying services; • Decreasing the budget for League Conferences; • Providing the additional $5,000 for LEMSAR; • Providing $15,000 for EVAN; • Providing $5,000 for the Cal Literacy Program; • Providing $15,000 for HOPE; and • Provide the $10,000 back over to PSAC for the safety pamphlets Mayor Pro Tem Kelley complemented staff on the easy to read budget. She indicated she was glad positions would be not be cut and staff was able to trim in every department. She stated she was a strong supporter of this Council and the City supporting the community and its non-profits. Mayor Pro Tem Kelley inquired if the City received a letter from the school regarding grad night. City Manager Brady indicated they did not. Mayor Pro Tem Kelley stated the schools do not have Grad Night on campus, and has her doubts the $4,000 is needed and suggested those funds be provided to EVAN or LEMSAR. Mayor Pro Tem Kelley also suggested if the City is considering funding the concert at $30,000, the City might as well be the sponsor of the Concert Series and let EVAN line up the entertainment. Mayor Hickman reviewed some of the reductions and recommended giving additional money to HOPE, LEMSAR and Roxanne Petteway ($10,000). Mayor Hickman announced County Supervisor Buster gave $15,000 to Youth Court and $100,000 to the Boys and Girls Club. Mayor Hickman requested the number of employees in the department be placed in the budget chart. 9; i Mayor Hickman stated he thought the City was cutting out most of the contract planners. City Manager Brady responded the contract planners are paid for by the CRS, he noted their hours will be cut if the City slows down more. He noted the contract planners do provide between $39,000-$40,000 each, generating revenue through the Cost Recovery process. He indicating cutting them would cause the City to loose that money as well. City Manager Brady suggested staff put together a summary and discuss the budget suggestions individually with each Council Member and bring before the City Council for approval on June 10"'. Councilman Schiffner noted the budget was done quite well and would like to see as much funding be provided to patrol on the lake and for HOPE. ADJOURNMENT Mayor Hickman adjourned the Joint City Council/Redevelopment Agency Study Session at 7:05 p.m. D L HICKMAN, MAYOR CITY OF LAKE ELSINORE A 1 IVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 10