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HomeMy WebLinkAbout02-12-2008 City Council MinutesMINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 12, 2008 CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Pro Tem Kelley at 7:02 p.m. CLOSED SESSION City Attorney Leibold indicated the following item was to be discussed during Closed Session: (1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Govt. Code § 54956.8) Property: APN 373-210-021 Agency Negotiator: City Manager Brady Negotiating Parties: City of Lake Elsinore and Tonto Corp. 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 Ruth Atkins led the audience in the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Pro Tem Kelley led the meeting in a moment of silent prayer ROLL CALL PRESENT: MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: MAYOR HICKMAN COUNCILMAN BUCKLEY (Arrived at 7:06 p.m.) 1 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, Finance Manager Riley, Fire Captain Hendershot and City Clerk Munson. PRESENTATION/CEREMONIALS Mayor Pro Tem Kelley presented a proclamation to Fire Captain Todd Shymanski for his years of service to the City of Lake Elsinore. Mr. Ron Hewison presented an update on HOPE. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss real property negotiations, pursuant to Government Code Section 54956.8, to include the price and terms of payment. The City Attorney indicated that there was no reportable action. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Ruth Atkins, resident, read an excerpt from an historical document which described the purchase of ornamental light standards in 1938 for Lakeshore Drive at the cost of $8.50 each. She also announced the Lake Elsinore Historical Society newest book about Lake Elsinore; a postcard history series will become available February 25tH Ken Niemi, resident and President of the Lake Elsinore Hang Gliding Association, requested the City Council, City Attorney and City Manager look closely at Tract No. 22626 in regards to possible corruption of preventing the use of this parcel for hang gliding purposes. Mr. Hoffman, Attorney representing all hang gliding groups, indicated they have asked City Council to look at 1987 Tract Map No. 22626 that expired in 1992. Hector Zubieta, resident, suggested the City Council come up with incentives for investors to invest in Lake Elsinore, for example, reducing fees. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 3 THROUGH 19 The following items were listed on the Consent Calendar for Council approval: (3) Minutes of the Following Meeting(s) a) Joint City Council/PSAC Meeting -January 8, 2008. "' b) Joint City Council/Redevelopment Agency Study Session -January 22, 2008. 2 c) Regular Meeting -January 22, 2008. Recommendation: Approve as submitted. (4) Warrant List Dated January 31, 2008 Recommendation: Authorize payment of Warrant List dated January 31, 2008. (5) Claims Against the City of Lake Elsinore Recommendation: Reject the claims listed and direct the City Clerk's Office to send a letter informing the claimants of the decision. (6) Resolution Amending Conflict of Interest Code Recommendation: Waive further reading and adopt Resolution No. 2008-22, amending Resolution No. 2000-45, updating the Conflict of Interest Code for the City of Lake Elsinore. (7) Resolution Correcting Resolution No. 2007-210 and Ratifying the Interest Rate of the City of Lake Elsinore Community Facilities District No 88-3 (West Lake Elsinore) Subordinate Special Tax Bonds 2008 Series Recommendation: Waive further reading and adopt Resolution No. 2008-23, acting as the legislative body of the City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore), correcting Resolution No. 2007-210 and ratifying the interest rate of the City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore) Subordinate Special Tax Bonds, 2008 Series. (8) Fiscal Year 2007-08 Mid-Year Budget Adjustments Recommendation: Approve the mid-year revenue and expenditure adjustments as presented in the report. (9) Authorization for Citv Manager to Amend Existing Contract with HDR Inc to Elevate CEQA Compliance Documents to Environmental Impact Resort for the Proiect Known as "Shoppes at Central Crossroads" Recommendation: Authorize the City Manager to amend the existing contract with HDR, Inc. to prepare the CEQA compliance documents for the Shoppes at Central Crossroads project, for an amended amount not to exceed $90,850. (10) Authorization for City Manager to Enter into a Contract with The Planning Center (TPC) to Prepare CEQA Compliance Documents for the Proiect Known as "- "Birtcher Industrial" 3 - Recommendation: Authorize the City Manager to enter into a contract with TPC not to exceed $62,850 at this time. Should it be determined that an EIR is the appropriate CEQA compliance document, Staff will request an amendment from Council at that time for an additional $51,500 with total contract amount not to exceed $124,350. (11) General Plan Housing Element Update. Selection of Consultant Recommendation: Authorize the City Manager to enter into a contract with Hogle-Ireland, Inc. to prepare the City of Lake Elsinore Housing Element Update, in an amount not to exceed $85,135. (12) TIF Reimbursement Agreement Amendment for Centex Homes Recommendations: City Council approve the reimbursement of $972,107 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 $972,107 in a form approved by the City Attorney. (13) Termination of the Declaration of Local Emergency in Lake Elsinore -' Recommendation: The Mayor and City Council terminate the Declaration of Local Emergency as of February 12, 2008, relating to Southern California Wind and Fire incident adopted by City Council on November 13, 2007. (14) Request For Exception to Bid Process streetscape Maintenance Recommendations: a) Authorize the City Manager to bypass the bidding process for City streetscape services. b) Authorize the City Manager to execute a one year service contract with Excel Landscape Company for maintenance of the City's streetscape. (15) Contract Change Order For Paving Franklin Street Between Main and Spring Streets Recommendation: Authorize staff to proceed with this project under Change Order No. 1 in the amount of $78,445 from Measure "A" funds within the Pavement Management Program budget. (16) Professional Services Agreement with ELAN Associates for Obtaining Environmental Permits for Proposition 40 -Wetlands Enhancement Project Grant 4 Recommendation: Approve the Professional Services Agreement with ELAN Associates and authorize the City Manager to execute the agreement. (17) Professional Services Agreement with VA Consultina Inc for Engineering Services to Develop Excavation and Grading Plan for Back-Basin Borrow Site Recommendations: Approve the Professional Services Agreement with VA Consulting, Inc., and authorize the City Manager to execute the agreement. (18) Award Parks Landscape Maintenance Agreement Recommendation: Authorize the City Manager to sign a three year agreement with CTAI Pacific Greenscape to provide park landscape maintenance services to the City of Lake Elsinore. (19) Southwest Communities Financing Authority Second Amended and Restated Joint Powers Agreement Recommendation: Approve the Second Amended and Restated Joint Powers Agreement. It was moved by Councilman Schiffner, and seconded by Councilman Magee to approve the Consent Calendar Items No. 3 through 19. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: MAYOR HICKMAN ABSTAIN: NONE PUBLIC HEARINGS (20) COUNCIL ADOPTS RESOLUTION NO. 2008-24, ESTABLISHING WEED ABATEMENT ASSESSMENT LIENS AND DECLARING THAT CERTAIN WEEDS. RUBBISH. REFUSE AND DIRT CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNERS AND PROVIDING FOR A HEARING ON OBJECTIONS TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS AND DIRECTS STAFF TO BEGIN ABATEMENT PROCESS 5 Mayor Pro Tem Kelley opened the public hearing at 7:24 p.m Public Works Director/City Engineer Seumalo presented the staff report. He indicated if approved, the abatement notices will be mailed out within ten working days to property owners whose property fit the nuisance description, informing them of their abatement responsibilities. In April, there will be an opportunity for property owners to dispute the requirement to abate nuisance. Mayor Pro Tem Kelley requested testimony from the public. She inquired if there was anyone wishing to speak in favor or against the item. There being none, Mayor Pro Tem Kelley closed the public hearing at 7:27 p.m. It was moved by Councilman Buckley, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008-24, establishing weed abatement assessment liens and declaring that certain weeds, rubbish, refuse and dirt as defined in Section 14875 of the Health and Safety Code of the State of California and Chapter 8.32 of the Lake Elsinore Municipal Code constitute a nuisance and require a notice to be given to the property owners in accordance with Division 12, Part 5, Chapter 2, of the Health and Safety Code of the State of California and Chapter 8.32 of the Lake Elsinore Municipal Code and providing for a hearing on objections, together with filing of cost reports and assessments against abutting property owners; and b) Direct staff to begin the abatement process for this year. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: MAYOR HICKMAN ABSTAIN: NONE BUSINESS ITEMS (21) COUNCIL ADOPTS RESOLUTION NO. 2008-25; APPROVING THE REQUEST FOR AN EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 34249 FOR 24 MONTHS OR UNTIL JANUARY 23. 2011 Mayor Pro Tem Kelley opened the public hearing at 7:27 p.m. 6 The Director of Community Development Preisendanz presented the staff report. He indicated all conditions are current and applicable. Mayor Pro Tem Kelley requested testimony from the public. She inquired if there was anyone wishing to speak in favor or against the item. There being none, Mayor Pro Tem Kelley closed the public hearing at 7:29 p.m. It was moved by Councilman Schiffner, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008-25, approving the request for an extension of time for Tentative Tract Map No. 34249 for 24 months or until January 23, 2011. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: MAYOR HICKMAN ABSTAIN: NONE APPEAL(S) (22) COUNCIL UPHOLDS THE PLANNING COMMISSION DECISION TO APPROVE CONDITIONAL USE PERMIT NO. 2007-23. TO ALLOW FOR THE CONVERSION OF A SELF SERVICE CAR WASH TO A FULL SERVICE CAR WASH OPERATION; AND COUNCIL ADOPTS RESOLUTION NO. 2008-26, APPROVING COMMERCIAL DESIGN REVIEW N0.2007-13 Community Development Director Preisendanz presented the staff report. He indicated that an appeal was filed with the City Clerk's Office appealing the Planning Commission's decision to approve the car wash. Tom Grady, owner of Lake Car Wash, respectfully requested a continuance of the appeal to the February 26th City Council meeting to allow all Council members to consider the appeal. Steven Lindsley, Attorney for Tom Grady, indicated that his client would like to speak to the merits of the appeal. 7 Jay Block, resident, spoke in favor of the new car wash. He made some observations of the new car wash and stated the City Council should support the Rio Car Wash. Steven Elia, Attorney for Mr. Damman, requested the matter be respectfully heard and feels Mr. Grady should not be given any preferential treatment. Lon Bike, Architect for Rio Car Wash, requested City Council move forward with making a decision on the car wash. Nash Damman, Owner of Rio Car Wash, thanked the Planning Commission and staff for working so hard on the car wash. He indicated he plan was to run a business, not run Mr. Grady out of business. He requested the City Council approve his car wash. Robert Slaughter, resident, spoke in favor of the new car wash. Alex Zanelli, resident and Planning Commissioner, indicated that he had voted in opposition of the project and now realizes he was mistaken. He requested the City Council uphold the Planning Commission's decision and approve the car wash. Samir Yousif, resident, spoke in favor of the new car wash. Suleen Yakoub, resident, spoke in favor of the new car wash. Tina Dudka, resident, spoke in favor of the new car wash. Kendra Styler, resident, spoke in favor of Rio Car Wash and indicated she is not happy with Lake Car Wash for various reasons and feel the City needs another car wash. Robin Greene, resident, spoke in favor of the new car wash. Mike Maris, resident, spoke in favor of the new car wash and spoke of problems he has had with Lake Car Wash. Elias Khaunam, resident, spoke in favor and in support of Rio Car Wash. James Miranda, resident, spoke in favor of the new car wash and also spoke of problems he has had with Lake Car Wash. Elizabeth Valencia, resident, spoke in favor of Rio Car Wash and indicated she '- was thrilled with the service and also spoke of issues she has had with the Lake Elsinore Car Wash. 8 Marcia Merlos, resident, spoke in favor of the car wash. Mayor Pro Tem Kelley indicated the City received two a-mails in support of the new car wash from Laura Diaz and Matthew Zeit. Tom Grady, Owner of Lake Car Wash, indicated he was there to appeal the Conditional Use Permit. He stated some of the reasons he objects to this project conversion had to do with compliance and fairness. He indicated if the City allowed applicants to do whatever they want after conditional use approval, why do we need a City Planning Department. He indicated this was about compliance and fairness, not about how many signature of support can be gathered. He indicated he was concerned with the City's failure to follow CEQA Guidelines, CAL-OSHA Guidelines and indicated Planning Commission actions are in violation of the CEQA Guidelines. Steven Lindsley, Attorney for Tom Grady, indicated this particular project and the proposed increased use does amount to a significant additional negative impacts that have not been taken into account by City planning. He indicated that all they are urging is that the City follow CEQA Guidelines and create a level playing field for all businesses. He indicated that an additional EIR is necessary and not use the old EIR. Councilman Schiffner indicated he found it offensive that the appellant would insinuate that staff would rubber stamp the re-approval of this project, acted in an unfair manner and had not had a proper hearing. Community Development Director Preisendanz responded staff reviewed all impacts related to this car wash and determined that the traffic would not be impacted substantially. He indicated staff did a thorough analysis of this use and under their best judgment, determined it would not substantially effect the environment. Councilman Magee inquired if staff was confident that staff adequately addressed all of the provisions of the California Environmental Quality Act in addressing this Conditional Use Permit application with regards to adequate parking, circulation of the facility, employee facilities, paid adequate transportation fees and/or are conditioned to pay such fees. He noted these fees would be in excess of what Lake Car wash would have been required to pay back in 1988. Community Development Director Preisendanz confirmed he was confident all of these issues have been addressed. Councilman Magee stated one of Council's obligations is to encourage business, not limit business. He stated they also have an obligation to make sure the playing field is level. The Lake Car wash came into this community through the 9 _ front door, filed an application for a full service car wash, never exceeded their permit authority and have been good partners to this community. He stated Rio Car wash unfortunately did not follow this path. He stated the reason this is before the City Council is because Mr. Damman got caught by opening a full service car wash and was only permitted to open aself-service car wash. He stated Mr. Damman did step up after being caught and did the right thing. He noted staff has addressed all of his concerns related to the full-service car wash. Mayor Pro Tem Kelley indicated this development historically has been a problem for the community and the developer has disappointed the City from what was proposed, what Council was led to believe what was coming into that development and what ultimately ended up there. She stated the applicant has gone through the process to get a Conditional Use Permit with new conditions. She indicated one Councilman spoke at the Planning Commission meeting in opposition and indicated she has a problem with continuing this item to wait for his return. She stated she would support the Rio Car Wash but was disappointed they did not follow the Conditions of Approval originally. Councilman Magee stated he was disappointed the City finds for the reasons on both sides of the aisle and hope we won't have this division any more. He hopes this was the last divisive matter that Council has to decide on the Canyon Estates Drive side of the I-15. Councilman Schiffner indicated he never has had any problems at Mr. Grady's business. Councilman Buckley inquired if Mr. Damman purchased the property through Mr. Kipp in 2005 for the use of a car wash. Mr. Damman confirmed he purchased the property in 2005 from. Mr. Kipp. He indicated after two days of running his car wash and not knowing he was not in compliance, he voluntarily shut the business down. He stated he opened up later in October after Planning Commission approval. Councilman Buckley stated he did not have a problem with the use; it is convenient; competition is great. He stated he cannot reward non-compliance, so he will be abstaining from the vote. It was moved by Councilman Schiffner, and seconded by Councilman Magee to uphold the Planning Commission decision to approve Conditional Use Permit. The following vote resulted: AYES: MAYOR PRO TEM KELLEY _ COUNCILMAN MAGEE COUNCILMAN SCHIFFNER 10 NOES: NONE ABSENT: MAYOR HICKMAN ABSTAIN: COUNCILMAN BUCKLEY It was moved by Councilman Schiffner, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008-26, approving Commercial Design Review No. 2007-13. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: MAYOR HICKMAN ABSTAIN: NONE (23) COUNCIL APPROVED THE PROPOSED 2009 LEGISLATIVE AGENDA AND DIRECTS STAFF AND THE FERGUSON GROUP TO PREPARE AND SUBMIT THE NECESSARY APPROPRIATIONS REQUEST DOCUMENTATION Information/Communications Manager Dennis presented the staff report. It was moved by Councilmember Schiffner, seconded by Councilmember Magee to approve the proposed 2009 Legislative agenda and directs staff and the Ferguson Group to prepare and submit the necessary appropriations request documentation. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: MAYOR HICKMAN ABSTAIN: NONE 11 (24) COUNCIL ADOPTS ORDINANCE NO. 1244, AUTHORIZING THE LEVY OF A SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT N0.2007-6 It was moved by Councilman Magee, seconded by Councilman Buckley to waive further reading and adopt Ordinance No. 1244 as follows: 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. 2007-6 (HOLIDAY INN EXPRESS), AUTHORIZING THE LEVY OF A SPECIAL TAX The following Roll Call vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: MAYOR HICKMAN ABSTAIN: NONE (25) COUNCIL _AD_OPTS ORDINANCE NO. 1245, REGULATING HOTEL AND MOTEL REGISTRATION It was moved by Councilman Buckley, seconded by Councilman Magee to waive further reading and adopt Ordinance No. 1245 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REGULATING HOTEL AND MOTEL REGISTRATION The following Roll Call vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE 12 ABSENT: MAYOR HICKMAN ABSTAIN: NONE PUBLIC COMMENTS The owner of the Shell/Circle K business, indicated he heard that he was not in compliance with his conditional use permit which states his store would carry specialty foods products and high-end wine and he was not aware of these conditions. Mayor Pro Tem Kelley suggested the owner meet with the Director of Community Development to discuss his businesses Conditions of Approval. CITY MANAGER COMMENTS City Manager Brady commented on the following: (1) Farmer's Market, Thursday, February 14th, from 4-7:00 p.m. on Main Street and Peck (2) Native American Presentation, February 19th, from 4-5:00 p.m. Fit Night Community Library on Riverside Drive, Free Event (3) EDC Luncheon, February 21St, 11:30 a.m. to 1:30 p.m.at the Diamond Club, Admission is $15, $20 for non-members -speaker Rob Pacheco from Riverside County. 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) Saturday, March 8th, the Links at Summerly will open and encouraged people to enjoy the course. 13 - (2) 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 Gina at (951) 678-4509. Councilmember Buckley commented on the following: (1) Wished everyone a Happy Valentines Day. Mayor Pro Tem Kelley adjourned the meeting at 8:52 p.m. ~,~ ~-- dARYL HICKMAN, MAYOR CITY OF LAKE ELSINORE AT~T: V IAN M.MUNSON CITY CLERK 14