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HomeMy WebLinkAbout04-22-2008 City Council MinutesMINUTES 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