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HomeMy WebLinkAbout01-08-2008 City Council MinutesMINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 8, 2008 CALL TO ORDER - 7:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 7:00 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER ABSENT: COUNCILMEMBER BUCKLEY (arrived at 7:08 p.m.) Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Chief Fetherolf, Information/Communications Manager Dennis, Public Works Director Seumalo, Community Development Director Preisendanz, Parks & Recreation Director Gonzales, City Treasurer Weber, Lake & Aquatic Resources Director Kilroy, Planning Manager Weiner and City Clerk Munson. PLEDGE OF ALLEGIANCE Mrs. Amy 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. PRESENTATION/CEREMONIALS (1) Mayor Hickman announced at the 4:00 p.m. Study Session he presented Engineering Inspector Bob Stover with a proclamation in recognition of his eleven years with the City. (2) Mayor Hickman presented a proclamation to Librarian Emily Gerstbacher in recognition to her service with the City. (3) Mayor Hickman presented a proclamation to .Jordan Espinoza for attaining his Eagle Scout. (4) Mayor Hickman presented Certificates of Recognition to the following volunteers for the International Club; Barbara Anderson, Jeanie Corral, Veronica Diaz, Pam Draper, Linda Dreir, Melodie Earickson, Karen Peterson, Elizabeth Hurren, Elsa Sanchez and Flor Sperle. (5) Mayor Hickman presented a Certificate of Appreciation to Chief Fetherolf President of the Rotary Club for providing meals and gifts to local senior citizens during the holidays. (6) Mayor Hickman presented a Certificate of Appreciation to Chief Fetherolf for COPS 4 KIDS for providing meals and toys for needy families during the holidays. (7a) Mayor Hickman presented a proclamation to Miechele Proulx, daughter of Donna Morin, a prominent citizen of Lake Elsinore who passed away in December 2007. Donna Morin was acknowledged for her dedication and hard work to the Lake Elsinore Historical Society. (7b) Mayor Hickman presented a plaque to out-going Mayor Robert E. Magee in '"' recognition for his outstanding service as Mayor to the City of Lake Elsinore for the last three years. (7c) Councilmember Magee thanked the community for their support and indicated it was an honor to serve the City and will continue to do so. (7d) Regional Manager Louis Davis from Southern California Edison gave a brief report on the State of the Utilities. He indicated he had a PowerPoint presentation to give the Council and would like to set a future date to make this presentation. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE Peter Dawson, resident, reported Canyon Lake was overflowing and Lake Elsinore has rose nearly one foot. He indicated in order for the water flow to be sustained in Lake Elsinore the waterfront residents can clear any debris that would flow into Lake Elsinore or any thing that would be an obstruction in a stationary position such as fences. Donna Francin, resident, announced the next Lake Elsinore's Citizens' committee will be held Thursday, January 31St at 7:00 a.m. in the Tuscany Hills Recreation Center where Mayor Hickman and City Manager Brady will be speaking on the State of the City. Gerry Harmantz, resident, spoke about Donna Morin and all of her accomplishments 2 for the Lake Elsinore Historical Society. COUNCIL APPROVED CONSENT CALENDAR ITEM NOS. 8 THROUGH 12 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 meeting of December 11, 2007. b) Regular Meeting of December 11, 2007 Recommendation: Approve as submitted. (9) Warrant List Dated December 13, 2007. Recommendation: Authorize payment of Warrant List dated December 13, 2007. (10) Disposal of Government Code Books and Surplus Electronics as Scrap Recommendation: Approve disposal of surplus Government Code Books and electronics equipment to be scrapped as surplus equipment and e-waste. (11) Appeal of Massage Technician's Business License Denial Recommendation: The City Council upholds the Police Department's denial of the Massage Technician Business License. (12) Washington D C Lobbying Delegation Travel Request and Preauthorization Recommendation: Preauthorize travel request and related expenses to Washington, D.C. for appropriations meetings between congressional representatives and the City's lobbying delegation. It was moved by Councilmember Buckley, and seconded by Mayor Pro Tem Kelley to approve Consent Calendar Item Nos. 8 through 12. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE 3 ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS (13) CITY COUNCIL ADOPTS RESOLUTIONS RELATING TO ANNEXATION OF PROPERTY INTO COMMUNITY FACILITIES DISTRICT_NO. 2003-1; CALL A SPECIAL ELECTION; CANVAS ELECTION RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES FOR CFD 2003-1 ANNEXATION AREA NO. 24 (RIVER'S EDGE City Manager Brady commented on the item. He requested that the City Clerk announce the. notice of the item. City Clerk Munson announced that the notice had been published in accordance with the Mellos-Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's Office. Administrative Services Director Pressey commented on the item. He noted the location of the development. He noted the annual cost per dwelling unit. Mayor Hickman opened the public hearing at 7:36 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. 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 the purpose of a majority protest, only written protests were to be considered. There being none, Mayor Hickman closed public hearing at 7:39 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 there were more than 2/3rd vote cast in favor of the proposition. It was motioned by Councilmember Schiffner, and seconded by Councilmember _, Magee to waive further reading and adopt Resolution No. 2008-1, determining the validity of prior proceedings relating to annexation of property into City of 4 Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services). The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Councilmember Magee, and seconded by Councilmember Schiffner to waive further reading and adopt Resolution No. 2008-2, acting on behalf of City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) calling a special election. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE I was motioned by Councilmember Magee, and seconded by Councilmember Buckley to waive further reading and adopt Resolution No. 2008-3, acting on behalf of City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) canvassing the results of the election held within Annexation Area No. 24 (River's Edge) annexed to said district. The following vote resulted: AYES: MAYOR HICKMAN 5 - MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Councilmember Buckley, and seconded by Councilmember Schiffner to waive further reading and introduce Ordinance No. 1239; entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 24 (RIVER'S EDGE) ANNEXED TO SAID DISTRICT The following roll call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (14) COUNCIL ADOPTS RESOLUTIONS RELATING TO ANNEXATION OF PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARK, OPEN SPACE AND STORM DRAIN MAINTENANCE); CALL A SPECIAL ELECTION; CANVAS ELECTION RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES FOR CFD 2006-5 ANNEXATION AREA NO. 3 (RIVER'S EDGE City Manager Brady commented on the item. He requested that the City Clerk announce the notice of the item. 6 -- City Clerk Munson announced that the notice had been published in accordance with the Mellos-Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's Office. Administrative Services Director Pressey commented on the item. He noted the location of the development. He noted the annual cost per dwelling unit. Mayor Hickman opened the public hearing at 7:43 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. 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 the purpose of a majority protest, only written protests were to be considered. There being none, Mayor Hickman closed public hearing at 7:45 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 there were more than 2/3~d vote cast in favor of the proposition. It was motioned by Councilmember Schiffner, and seconded by Councilmember Buckley to waive further reading and adopt Resolution No. 2008-4 determining the validity of prior proceedings relating to annexation of property into City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance). The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 7 - It was motioned by Councilmember Buckley, and seconded by Councilmember Schiffner to waive further reading and adopt Resolution No. 2008-5, acting on behalf of City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) calling a special election. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Councilmember Schiffner, and seconded by Councilmember Buckley to waive further reading and adopt Resolution No. 2008-6, acting on behalf of City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) canvassing the results of the election held within Annexation Area No. 3 (River's Edge) annexed to said district. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was motioned by Councilmember Schiffner, seconded by Councilmember Buckley to waive further reading and introduce Ordinance No. 1240; entitled, _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES 8 DISTRICT NO. 2006-5 (PARKS, OPEN SPACE DRAIN MAINTENANCE) AUTHORIZING THE SPECIAL TAX WITHIN ANNEXATION AREA N EDGE) ANNEXED TO SAID DISTRICT The following roll call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCIL RECESSES AT 7:49 P.M. COUNCIL RECONVENES AT 7:54 P.M. AND STORM LEVY OF A O. 3 (RIVER'S MAYOR PRO TEM KELLEY LEFT THE COUNCIL CHAMBERS AT 7:49 P.M. (15) COUNCIL ADOPTS RESOLUTIONS RELATING TO ANNEXATION OF PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES); CALL A SPECIAL ELECTION; CANVAS ELECTION RESULTS; _AUTHORIZING LEVY OF SPECIAL TAXES FOR CFD 2007-1 ANNEXATION AREA NO. 1 (RED KITE) City Manager Brady commented on the item. He requested that the City Clerk announce the notice of the item. City Clerk Munson announced that the notice had been published in accordance with the Mellos-Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey commented on the item. He noted the location of the development. He noted the annual cost per dwelling unit. Mayor Hickman opened the public hearing at 7:50 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. 9 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 public hearing at 7:55 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 there were more than 2/3rd vote cast in favor of the proposition. It was motioned by Councilmember Buckley, and seconded by Councilmember Magee, to waive further reading and adopt Resolution No. 2008-7, determining the validity of prior proceedings relating to annexation of property into City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services). The following vote resulted: AYES: MAYOR HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: MAYOR PRO TEM KELLEY ABSTAIN: NONE It was motioned by Councilmember Schiffner, and seconded by Councilmember Buckley to waive further reading and adopt Resolution No. 2008-8 acting on behalf of City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) calling a special election. The following vote resulted: AYES: MAYOR HICKMAN COUNCILMEMBER BUCKLEY ._, COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER 10 NOES: NONE ABSENT: MAYOR PRO TEM KELLEY ABSTAIN: NONE It was motioned by Councilmember Buckley, and seconded by Councilmember Magee to waive further reading and adopt Resolution No. 2008-9, acting on behalf of City of Lake Elsinore Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) canvassing the results of the election held within Annexation Area No. 1 (Red Kite) annexed to said district. The following vote resulted: AYES: MAYOR HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: MAYOR PRO TEM KELLEY ABSTAIN: NONE It was moved by Councilmember Buckley, and seconded by Councilmember Schiffner to waive further reading and introduce Ordinance No. 1241; entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 1 (RED KITE) ANNEXED TO SAID DISTRICT The following roll call vote resulted: AYES: MAYOR HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: MAYOR PRO TEM KELLEY 11 ABSTAIN: NONE (16) COUNCIL APPROVES RESOLUTIONS APPROVING FEE DEPOSIT AND REIMBURSEMENT AGREEMENTS, APPROVING THE FORMATION OF CFD 2007-5 (RED KITE); CALLING A SPECIAL ELECTION; CANVASSING ELECTION RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES City Manager Brady commented on the item. He requested that the City Clerk announce the notice of the item. City Clerk Munson announced that the notice had been published in accordance with the Mellos-Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's Office. Administrative Services Director Pressey commented on the item. He noted the location of the development. He noted the annual cost per dwelling unit. Mayor Hickman opened the public hearing at 8:01 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. 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 public hearing at 8:08 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 there were more than 2/3rd vote cast in favor of the proposition. It was motioned by Councilmember Schiffner, and seconded by Councilmember Buckley to waive further reading and adopt Resolution No. 2008-10 approving Fee Deposit and Reimbursement Agreements relating to the City of Lake Elsinore Community Facilities District No. 2007-5 (Red Kite). 12 The following vote resulted: AYES: MAYOR HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: MAYOR PRO TEM KELLEY ABSTAIN: NONE It was motioned by Councilmember Schiffner, and seconded by Councilmember Buckley to waive further reading and adopt Resolution No. 2008-11, determining the validity of prior proceedings and establishing City of Lake Elsinore Community Facilities District No. 2007-5 (Red Kite). The following vote resulted: AYES: MAYOR HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: MAYOR PRO TEM KELLEY ABSTAIN: NONE It was motioned by Councilmember Schiffner, and seconded by Councilmember Buckley to waive further reading and adopt Resolution No. 2008-12 to incur bonded indebtedness in the amount not to exceed $2,500,000 within the City of Lake Elsinore Community Facilities District No. 2007-5 (Red Kite) and Calling a Special Election. The following vote resulted: AYES: MAYOR HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE 13 ABSENT: MAYOR PRO TEM KELLEY ABSTAIN: NONE It was moved by Councilmember Schiffner, and seconded by Councilmember Buckley to waive further reading and adopt Resolution No. 2008-13 canvassing the results of the Special Elections held within the City of Lake Elsinore Community Facilities District No. 2007-5 (Red Kite). The following vote resulted: AYES: MAYOR HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: MAYOR PRO TEM KELLEY ABSTAIN: NONE It was motioned by Councilmember Schiffner, and seconded by Councilmember Buckley to waive further reading and introduce Ordinance No. 1242; entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX The following roll call vote resulted: AYES: MAYOR HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: MAYOR PRO TEM KELLEY ABSTAIN: NONE 14 - (17) COUNCIL APPROVES RESOLUTION APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1 AS ANNEXATION AREA NO 21 (DIAMOND PROFESSIONAL PLAZA) PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 City Manager Brady commented on the item. He requested that the City Clerk announce the notice of the item. 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 commented on the item. He noted the location of the development. He noted the annual cost per dwelling unit. Mayor Hickman opened the public hearing at 8:11 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. 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 public hearing at 8:13 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 that no majority protest exists. It was motioned by Councilmember Schiffner, and seconded by Councilmember Buckley to waive further reading and adopt Resolution No. 2008-14 approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No.1. as Annexation Area No. 21 (Diamond Professional Plaza). The following vote resulted: AYES: MAYOR HICKMAN COUNCILMEMBER BUCKLEY 15 COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: MAYOR PRO TEM KELLEY ABSTAIN: NONE BUSINESS ITEMS (18) COUNCIL INTRODUCES ORDINANCE NO. 1243. ADDING CHAPTER 10.40 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE REGULATION OF NEWS RACKS IN PUBLIC RIGHTS-OF-WAY Information/Communications Manager Dennis presented the staff report. He indicated the City has been receiving many complaints about the news racks that are in front of the post office. He indicated this process will permit this use and provide requirements and standards that will give the City control. Michael Norkin, PSAC Chairman provided a summary of why and how the Public Safety Advisory Commission decided to recommend this ordinance to City "- Council. Jeff Sirota, California Newspaper, indicated he thought the newspaper or the publication industries will have no problems working with the cities on individual situations to move racks. He indicated the only issue he had was with 10.40.070.67 which asks fora 6 ft. clearance and felt this would not work because most sidewalks are not 6 ft. wide. He asked that the City work with the newspaper industry when the sidewalks are not 9 ft. wide. Councilmember Buckley suggested two changes be made to the ordinance as follows: to change 10.40.80 "Standards of Materials Sold" to read "Standards of Materials Distributed"; with regard to location and placement where there is less than 6 ft that it say "at the discretion of the City Manager or his designee." It was motioned by Councilmember Buckley, and seconded by Councilmember Magee to waive further reading and introduce Ordinance No.1243; entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 10.40 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE REGULATION OF NEWS RACKS IN PUBLIC RIGHTS-OF-WAY 16 The following roll call vote resulted: AYES: MAYOR HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: MAYOR PRO TEM KELLEY ABSTAIN: NONE (19) COUNCIL ADOPTS RESOLUTION FINDINGS THAT THE ENTITLEMENT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) COUNCIL DENIES APPROVAL OF RESIDENTIAL DESIGN REVIEW 2006-03 FOR AN EIGHTEEN UNIT APARTMENT COMPLEX Community Development Director Preisendanz presented the staff report. He reported that the Planning Commission heard this. item and unanimously ""' recommended City Council approval to include Conditions of Approval. Councilmember Magee inquired if this project would have a negative impact. Community Development Director Preisendanz responded that the additional residents would generate additional sales tax for the City and the construction jobs for the project would make a positive impact. Councilmember Magee responded he did not agree with staff's assessment, and felt the addition of apartments is an overall drain on City services and budget. He commended the applicant for their enhancements to their project. He noted there were residents in the Community that live in the single-family homes adjacent to this project that came out and spoke against the project. He stated he cannot support this type of land use immediately next to the single family homes. He indicated if he lived in this neighborhood, this is not what he would want next to his home. It was motioned by Councilmember Schiffner, and seconded by Councilmember Buckley to waive further reading and adopt Resolution No. 2008-15, adopting the findings that the entitlement is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). 17 The following vote resulted: AYES: MAYOR HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: MAYOR PRO TEM KELLEY ABSTAIN: NONE Councilmember Magee stated between the high density residential that will be seen from the Garrett Group and the low density residential that exists in the Maxim subdivision, he feels this property is a transitional piece of property that needs to have a modified density and a mixed use component. He indicated jamming apartments into this neighborhood is the appropriate land use. A substitute motioned was made by Councilmember Magee, and seconded by Councilmember Buckley to continue this item off calendar and strongly encourage the applicant to work with staff to come up with a less intense design and fully design the property including the frontage along Grand Avenue. The following vote resulted: AYES: MAYOR HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: MAYOR PRO TEM KELLEY ABSTAIN: NONE (20) Council Appointments to Various Organizations Councilmember Buckley recommended that "Liaison-Unofficial" be taken off the description next to Elsinore Water District. Mayor Hickman indicated during the Study Session it was the consensus of the Council to eliminate the "County Homeless Committee", because it no longer exists. 18 - It was motioned by Councilmember Magee, and seconded by Councilmember Buckley to waive further reading and adopt Resolution No. 2008-16 confirming the appointment of delegates and alternates as official representatives of the City to include amendments made to the Elsinore Water District and elimination of the County Homeless Committee. The following vote resulted: AYES: MAYOR HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: MAYOR PRO TEM KELLEY ABSTAIN: NONE PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Farmer's Market, Thursday, January 10th, from 4-7:00 p.m. on Main Street and Peck 2) Pet Clinic, January 19~', from 1:30 to 3:30 p.m., City Park on Main Street 3) Chamber of Commerce Annual Installation Dinner, January 26t", 6:00 p.m. at the Diamond Club, Tickets $100, reservations required 4) Women's Fashion Show, January 26t", 710 W. Graham CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Wished everyone a Happy New Year. 19 CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. Councilmember Magee commented on the following: 1) Announced the City Council and the Public Advisory Commission had a joint Study Session to discuss the goals and objectives of the Commission. He commended the Commission on their dedication and devotion to the community was admirable. He also commended staff. 2) Commended Public Works Director Seumalo and his staff for the completion of Franklin Street. 3) Wished everyone a Happy New Year. Councilmember Buckley commented on the following: 1) Announced the City will be hold a public input meeting to discuss the General Plan on Thursday, January 14th at 6:00 p.m. in the Cultural Center. 2) January 22nd ,the Southern California of Governments Regional Transportation Plan public input meeting at the SCAG Office on Lime Street in Riverside at 10:00 a.m. 3) Thanked Librarian Emily Gerstbacher for her years of service to the City. 4) Stated that Donna Morin was a personal friend and a great friend to the City. Mayor Hickman commented on the following: 1) Suggested the public go eat at the Breakfast Club. 2) Chamber of Commerce Annual Installation Dinner, January 26th, at 6:00 p.m. which is a black tie event at the Diamond Club. 3) Thanked the COPS 4 Kids for the toys they donated during the Holidays. 4) Thanked the Rotarians for feeding local seniors. 5) Wished everyone a Happy New Year. 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 COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER 20 NOES: NONE ABSENT: MAYOR PRO TEM KELLEY ABSTAIN: NONE Mayor Hickman adjourned the meeting at 8:49 p.m ~-- AR~'C HICKMAN, MAYOR CITY OF LAKE ELSINORE A EST: ~. VIAN MUNSON, CITY CLERK CITY OF LAKE ELSINORE 21