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Home My WebLink About01-22-2008 City Council MinutesMINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 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 COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER 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 Section 54956.9: 2 potential cases (2) Pubic Employee Performance Evaluation (Pursuant to Gov't Code §54957): City Clerk The City Attorney indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. Regular City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) ROLL CALL - 7:00 P.M. _ PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER ABSENT: COUNCILMEMBER BUCKLEY (Arrived at 7:06 p.m.) Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Captain Fetherolf, Information/Communications Manager Dennis, Director of Public Works Seumalo, Director of Community Development Preisendanz, Director of Parks & Recreation Gonzales, City Treasurer Weber, Lake & Aquatic Resources Director Kilroy, Planning Manager Weiner and City Clerk Munson. PLEDGE OF ALLEGIANCE Mr. Tom Franson led the audience in 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 reported on discussions undertaken during Closed Session. No reportable actions were taken. PRESENTATION/CEREMONIALS (3) Mayor Hickman introduced Barbara Middlebrook, President of the Elsinore Valley Arts Network. Awards were presented to residents who decorated their homes for the Holidays. The following residents were recipients of the awards: Anthony and Michelle Lopez; Roy and Lisa Roa Lievanos; and Richard and Alex Steward. (4) Wendy Lesovsky, Owner of Temecula Valley Communications, Inc. and a Lake Elsinore resident, represented the Lake Elsinore Chamber of Commerce and provided an update on Chamber activities. (5) Regional Manager Louis Davis from Southern California Edison was not present to provide report. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE Captain Fetherolf introduced Lieutenant Shelly Kennedy-Smith assigned to the Lake Elsinore station and indicated she will be in charge of the patrol operations. Lieutenant Kennedy-Smith gave a brief history of her history with the Riverside County Sherriff's Department and stated she is looking forward to serving the community. 2 - Donna Franson, resident, announced the Citizens' Committee meeting will be held January 31St at the 7:00 p.m. at the Tuscany Hill Recreation Center. Mayor Hickman and City Manager Brady will be the guest speakers and will discuss the state of the City. COUNCIL APPROVED CONSENT CALENDAR ITEM NOS. 6 THROUGH 12, AND 14 THROUGH 19, EXCLUSIVE OF CONSENT CALENDAR ITEM NO. 13 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 meeting of January 8, 2008. b) Regular Meeting of January 8, 2008. Recommendation: Approve as submitted. (7) Warrant List Dated December 31 2007 and January 15, 2008 Recommendation: Authorize payment of Warrant List dated December 31, 2007 and January 15, 2008. (8) Investment Report for November and December Recommendation: Receive and file. (9) Claim Against the City of Lake Elsinore Recommendation: Reject the claim and direct the City Clerk's Office to send a letter informing the claimant of the decision. (10) Sidewalk Construction, Various Locations -Notice of Completion Recommendations: a) Authorize the Mayor to execute the Notice of Completion. b) Have the City Clerk file the document for recordation. (11) Construction Award For Sunswept Drive, Dijon Street Improvements Recommendations: a. Award the Sunswept Drive and Dijon Street Corporation for the amount of $62,226. b. Authorize the transfer of $5,000 from Fund Construction to this project. c. Authorize the Mayor to execute the contract with Improvements to NPG No. 605 Cash-In-Lieu NPG Corporation. 3 (12) Purchase of Light Duty Pickup Trucks Recommendation: Approve the purchase of four pickup trucks as described in this report for a total amount of $110,075.74. (13) Southwest Communities Financing Authority Second Amended and Restated Joint Powers Agreements Recommendation: Approve the Second Amended and Restated Joint Powers Agreement. (14) Authorization For City Manager to Enter Into a Contract with David Hogan Consulting (DHC) to Prepare CEQA Compliance Documents For the Project Known as "Grand Solutions" Recommendation: City Council authorize the City Manager to enter into a contract with DHC not to exceed $24,120. (15) Status of the General Plan Update and Environmental Impact Report Recommendation: Receive and file. (16) I-15/Railroad Canyon Road and I-15/SR-74 Interchange Update Recommendation: Receive and file. (17) New Copier Leases with Innovative Document Solutions, Inc., for Fire Stations 10. 85 and 94 Recommendations: Approve 60 month municipal lease agreements for three Canon IR2202i digital copiers and authorize the City Manager to execute leasing agreements with Canon Financial Service, Inc. and service & maintenance agreements from Innovative Document Solutions (based on monthly CMAS Service Agreement #GS-25F-0023M). (18) Approval To Purchase A Document Imaging Management System Recommendations: a. Authorize the purchase of a Laserfiche Document Management System from ESC Imaging Inc. in the amount of $17,752 which includes the software, maintenance and support, hardware (Xerox scanner), training and integration services of ECS Imaging, Inc. b. Authorize the purchase of a SQL server, to include server and software, in the amount of $9,962. 4 (19) Conservation Easement with Covenants Affecting Real Property in Connection with Toyota Project Recommendations: Accept Dedication of the Conservation Easement With Covenants Affecting Real Property, authorize the City Manager to execute the Certificate of Acceptance, and instruct the City Clerk to record the Easement in the official land records of Riverside County upon approval by the City Attorney. Mayor Pro Tem Kelley pulled Consent Calendar Item No. 13. It was moved by Mayor Pro Tem Kelley, and seconded by Councilmember Schiffner to approve Consent Calendar Item Nos. 6 through 12, and 14 through 19, exclusive of Consent Calendar Item No. 13. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCIL CONTINUED CONSENT CALENDAR ITEM NO 13. SOUTHWEST COMMUNITIES FINANCING AUTHORITY SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT Mayor Pro Tem Kelley indicated she pulled this item because there was some new information that is being added to the agreement and recommended continuance. Councilmember Magee summarized discussions the City Council had during the Study Session regarding concerns with parking standards, loosing the spade and neuter clinic and financing issues that were brought to staff's attention at the last minute. Mayor Pro Tem Kelley expressed to Councilmember Buckley that she wanted him to extend the City Council's concerns with cost overruns and the County being the contractor and the project manager. _.._ Councilmember Buckley suggested adopting a resolution stating the City Council urges that, at the very least, that should the County be spending money that they absolutely not be the project manager and ask the SCFA to change this. 5 It was moved by Mayor Pro Tem Kelley, and seconded by Councilmember Schiffner to continue Consent Calendar Item No. 13 to the next City Council meeting. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS (20) COUNCIL APPROVES THE FORMATION OF CFD 2007-6 (HOLIDAY INN EXPRESS); 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. Mayor Hickman opened the public hearing at 7:25 p.m. Administrative Services Director Pressey commented on the item. He stated the developer of the Holiday Inn Express has worked out an agreement with the property owners in CFD 98-1. He stated this district was formed to pay for the infrastructure in that area. He noted that typically, the City does not assess businesses in the City. He stated that the Holiday Inn Express has agree to be part of this particular district, mainly supported by the residents, and pay an annual tax of $5,000 a year which would go towards paying down the bonds that the existing homeowners are paying down in the area. 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 r.. was anyone that wished to speak at all. 6 --- 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 no further testimony, Mayor Hickman closed public hearing at 7:28 p.m. It was motioned by Councilmember Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Resolution No. 2008-17, determining the validity of prior proceedings and establishing City of Lake Elsinore Community Facilities District No. 2007-6 (Holiday Inn Express). 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 Mayor Pro Tem Kelley to waive further reading and adopt Resolution No. 2008-18, acting on behalf of City of Lake Elsinore Community Facilities District No. 2007-6 (Holiday Inn Express) 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 7 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 has in favor of the proposition. It was motioned by Councilmember Schiffner, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Resolution No. 2008-19, canvassing the results of the Special Elections held within the City of Lake Elsinore Community Facilities District No. 2007-6 (Holiday Inn Express). 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. 1244; 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. 2007-6 (HOLIDAY INN EXPRESS), AUTHORIZING THE LEVY OF A SPECIAL TAX The following roll call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE 8 ABSTAIN: NONE (21) COUNCIL ADOPTS RESOLUTION NO. 2009-21 • APPROVING TENTATIVE TRACT MAP NO. 35563 Director of Community Development Preisendanz presented the staff report. He stated the Planning Commission expressed satisfaction with the proposed project and unanimously recommended approval. Mayor Hickman opened the public hearing at 7:33 p.m. Jim Stringer, representative of Pardee Homes, stated they agreed with all of the Conditions of Approval and would be happy to address any concerns of the Council. There being no further testimony, Mayor Hickman closed the public hearing at 7:35 p.m. It was motioned by Councilmember Magee, and seconded by Councilmember Schiffner to waive further reading and adopt Resolution No. 2008-20, adopting the findings that the Project is exempt from the Multiple Species Habitat Conservation Plan (MSHCP). 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. 2008-21, approving Tentative Tract Map No. 35563. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY 9 COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMS (22) COUNCIL INTRODUCES ORDINANCE NO. 1245; REGULATING HOTEL AND MOTEL REGISTRATION Captain Fetherolf presented the staff report. He indicated the ordinance has four provisions; the first being a requirement for guest registry records to be maintained for three years; the second for guest identification to include a photograph; thirdly, it requires guests to include their vehicle make and license number information at the time of registration; and lastly, a requirement for innkeepers to notify the police when renting a room to a minor. It was motioned by Councilmember Schiffner, and seconded by Councilmember Buckley to waive further reading and introduce Ordinance No. 1245; entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 5.58 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING HOTELS AND MOTELS 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 10 (23) COUNCIL ADOPTS ORDINANCE N0.1239 AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA N0.24 (RIVER'S EDGE It was motioned by Councilmember Buckley, and seconded by Councilmember Magee to waive further reading and adopt Ordinance No. 1239; entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE 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 (24) COUNCIL ADOPTS ORDINANCE NO. 1240. AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 3 (RIVER'S EDGE) It was motioned by Councilmember Buckley, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Ordinance No. 1240; entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 3 (RIVER'S EDGE) ANNEXED TO SAID DISTRICT 11 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 (25) COUNCIL ADOPTS ORDINANCE NO. 1241, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 1 (RED KITE) It was motioned by Councilmember Buckley, and seconded by Councilmember Magee to waive further reading and adopt Ordinance No. 1241, entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE 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 MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 12 (26) COUNCIL ADOPTS ORDINANCE NO. 1242 AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX It was motioned by Councilmember Magee, and seconded by Councilmember Buckley to waive further reading and adopt 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 MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (27) COUNCIL ADOPTS ORDINANCE NO. 1243, REGARDING THE REGULATION OF NEWS RACKS IN PUBLIC RIGHTS-OF-WAY It was motioned by Mayor Pro Tem Kelley, and seconded by Councilmember Buckley to waive further reading and adopt 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 The following roll call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE 13 ABSENT: NONE 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 24th, from 4-7:00 p.m. on Main Street and Peck 2) Chamber of Commerce Annual Installation Dinner, January 26th, 6:00 p.m. at the Diamond Club, Tickets $100, reservations are required. 3) Elsinore's Women's Club Fashion Show, January 26th, 11:30 a.m., 710 W. Graham 4) Household Hazardous Waste Collection, February 2nd from 9:00 a.m. - 2:00 p.m. at 521 North Langstaff Street, just outside of the City Yard. 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) Councilmember Magee indicated that he was stopped by a Verizon representative who was giving out a $10,000 charitable donation to a local charity and found out Verizon is having difficulty working with Time Warner with regards to the broadcasting of the Council meetings. He stated two years ago, a representative from Time Warner promised they would work with Verizon to accommodate that request but would also carry local T.V. Channel KZSW as part of their standard cable package. He recommended when the franchise with Verizon comes before the Council, that these issues can be addressed. 14 2) Councilmember Magee attended the local Chapter of NAACP event honoring Dr. Martin Luther King Jr., and indicated it was a truly uplifting celebration of his life. 3) Summerly Golf Course will be opening in March and the Trauma Intervention Programs of Southwest Riverside County will be holding their annual golf tournament on Friday, March 21St. Entry fee is $400 per foursome, $125 per person and sponsorship opportunities available. If you are interested, please contact 678-4509 or the Chamber of Commerce at 245-8848. Councilmember Buckley commented on the following: 1) Reminded everyone to vote next Tuesday on February Stn 2) Suggested a more permanent way to honor Donna Morin, he suggested that the dollar that is paid to the City from the Historical Society for the use of the Cultural Center, be given back to the Historical Society in July, when they give their annual report to the City Council, as a framed dollar bill with Donna's name on it. Mayor Hickman commented on the following: 1) Chamber of Commerce Annual Installation Dinner, January 26th, 6:00 p.m. at the Diamond Club, Tickets $100. Reservations are required. 2) Women's Fashion Show, January 26th, 710 W. Graham 3) Farmer's Market, Thursday, January 24th, from 4-7:00 p.m. on Main Street and Peck 4) Art Walk, March 1St from 4-8 p.m. every Saturday evening. 5) Announced the City budget is very strong, budget cuts were made, no layoffs and the City is going strong into next year. He also requested HOA's to keep the City informed of the foreclosures in their developments and provide copies of the sales tax. 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 15 Mayor Hickman adjourned the meeting at 7:51 p.m. ~E'NI~KELLY, MAYOF~ PRO TEM ITY OF LAKE ELSINORE /. AT ST: VIVIAN MUNSON, CITY CLERK CITY OF LAKE ELSINORE 16