HomeMy WebLinkAbout05-13-2008 City Council MinutesMINUTES
CITY COUNCIL
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, MAY 13, 2008
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CALL TO ORDER - 5:00 P.M.
The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p.m.
ROLL CALL
PRESENT: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
ABSENT: NONE
CLOSED SESSION
City Attorney Leibold indicated the following items were to be discussed during Closed
Session:
(1 a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Gov't Code
Section 54956.9: - 1 potential case
(1 b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8)
Property: APN 377-231-028
City Negotiator: City Manager Brady
Negotiating parties: City of Lake Elsinore, Estelle Muniz, Verl Nelson, and
James Nelson
Under negotiation: Price and terms of payment
(1 c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8)
Property: APN 375-250-031
City Negotiator: City Manager Brady
Negotiating parties: City of Lake Elsinore, Debbie Feeney, and Paul Feeney
Under negotiation: Price and terms of payment
City Attorney Leibold indicated any action taken during Closed Session would be
reported on during the regular portion of the meeting.
The Regular City Council meeting was recessed into Closed Session at 5:00 p.m.
RECONVENE IN PUBLIC SESSION (7:00 P.M)
PLEDGE OF ALLEGIANCE
The Elsinore High School Jr. ROTC led the audience in the Pledge of Allegiance.
INVOCATION -MOMENT OF SILENT PRAYER
Mayor Hickman led the meeting in a moment of silent prayer.
ROLL CALL
PRESENT: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
ABSENT: NONE
Also present were City Manager Brady, City Attorney Leibold, Administrative Services
Director Pressey, Director of Lake and Aquatic Resources Kilroy, Public Works
Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director
of Parks and Recreation Gonzales, Community Development Director Preisendanz, Fire
Chief Hendershot, Planning Manager Weiner, Building Division Manager Chipman and
City Clerk Munson.
PRESENTATION/CEREMONIALS
(2) Mayor Hickman presented a proclamation to Virginia Marshal in recognition of
May being Mental Health Awareness Month.
(3) Mayor Hickman presented a Certificate of Recognition to Gloria Simoni, Rick
Munyon and Tamsin Robb in recognition for assistance in the Volunteers Income
Tax Assistance Programs for seniors.
Mayor Hickman read a plaque presented to him by the Riverside Transit Agency
for the City's 120th anniversary.
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CLOSED SESSION REPORT
City Attorney Leibold reported on discussions undertaken during Closed Session. No
reportable action was taken.
PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE
Sue Rebar, Director of Welcome Home Troops, invited the community to the Military
Appreciation Day at the Storm on Thursday, May 24tH
Donna Fancin, Lake Elsinore Citizens' Committee, announced Thursday, May 15th at
Tuscany Hills Recreation Center at 7:00 p.m. Community Development Director
Preisendanz will be making a presentation regarding the update of the City's General
Plan.
Pete Dawson, U.S. Coast Guard Auxiliary, announced in the last two months, they
completed 191 vessel safety checks and only 86 passed inspection - 105 failed. He
noted the good news was many of these individuals have called him to find out how
they can pass inspection to obtain the decal. He also announced June 16th a new
Coast Guard Boating Safety class will begin. For more information call (951) 202-1584.
Janet Laiblin, South Coast Air .Quality Management District representative, introduced
herself to the Council and asked to consider her a resource for any assistance.
COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 4 THROUGH 9, AND 11
THROUGH 14. EXCLUSIVE OF CONSENT CALENDAR ITEM NO. 10
The following items were listed on the Consent Calendar for Council approval:
(4) Minutes of the Following Meeting(s)
a) Joint City Council/Redevelopment Agency Study Session -April 22, 2008.
b) Regular Meeting -April 22, 2008.
Recommendation: Approve as submitted.
(5) Warrant List Dated April 30, 2008
Recommendation: Authorize payment of Warrant List dated April 30, 2008.
(6) Claim Against the City
Recommendation: Reject the claim listed and direct the City Clerk's Office to
send a letter informing the claimant of the decision.
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(7) Notice of Completion for Sunswept Drive and Diion Street Improvements
Recommendation: Authorize the Mayor to execute the Notice of Completion and
allow the City Clerk to file the Notice of Completion with the County of Riverside
Recorder's Office.
(8) Construction of New Deck and Ramp at Chamber of Commerce Building
Recommendation: Authorize the City Manager to process a purchase order in
the amount of $33,990 to Lakeshore Homes & Development for the construction
of the new deck and ramp at the Chamber of Commerce Building.
(9) Award of Contract -Dust Control Applicator for Dirt Roads
Recommendation: Staff recommends that the Mayor and City Council authorize
the City Manager to execute a contract agreement with South Western Seal
Coating Inc. to provide dust control services for City dirt roads.
(10) Settlement Agreement with MSA Enterprises, Inc. (Best Western Hotel)
Recommendation: The City Council approve the Settlement Agreement and
authorize the Mayor to execute the Agreement along with any ancillary
- documents, subject to any minor modifications as may be approved by the City
Attorney.
(11) New Copier Leases with Innovative Documents Solutions for the Finance
Department
Recommendations:
a) Approve the digital copier lease proposal authorize the City Manager to
execute the 60 month Municipal Lease Agreement with Cannon Financial
Services, Inc. for a Cannon iR3045 digital copier.
b) Approve service proposal by Innovative Documents Solutions (based on
monthly CMAS Service Agreement #GS-25F-0023M) and authorize the
City Manager to execute the Service Agreement with Innovative
Documents Solutions to maintain a Canon iR3045 digital copier, per the
stated terms and conditions.
(12) Agreement For Services With A & A Janitorial
Recommendation: Approve the two year agreement with A & A Janitorial and
authorize the City Manager to sign the agreement.
City Attorney Leibold pulled Consent Calendar Item No. 10 and recommended
continuance to the next City Council meeting.
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- It was moved by Councilman Magee, and seconded by Councilman Schiffner to
approve the Consent Calendar Items No. 4 through 9 and 11 through 12,
exclusive of Consent Calendar Item No. 10 and for continuance to the next City
Council meeting.
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
PUBLIC HEARINGS
There were no public hearing items.
BUSINESS ITEMS
(13) COUNCIL ADOPTS RESOLUTION NO. 2008-50 SETTING A FEE FOR THE
REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES IN
COMPLIANCE WITH ORDINANCE NO. 1252
Community Development Director Preisendanz provided the staff report. He
stated staff is proposing a resolution for the registration of abandoned properties
pursuant to the new ordinance creating Section 8.60 and is recommending
adoption of the resolution:
It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner
to waive further reading and adopt the following resolution:
RESOLUTION NO. 2008-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, SETTING A FEE
FOR THE REGISTRATION OF ABANDONED
RESIDENTIAL PROPERTIES IN COMPLIANCE WITH
ORDINANCE NO. 1252
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The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
(14) COUNCIL DENIES THE CITY OF CANYON LAKE'S REQUEST TO AMEND
THE CITY'S SPHERE OF INFLUENCE AND TO ANNEX FROM THE CITY OF
LAKE ELSINORE 22 ACRES TO CANYON LAKE
City Manager Brady provided the staff report. He stated this was a request from
the City of Canyon Lake to remove 162 acres of territory from Lake Elsinore's
Sphere of Influence and to detach 22 acres of incorporated area and annex it to
their City. He indicated Councilman Zaitz and City Manager Moss would like to
make a PowerPoint presentation to Council.
City Manager Moss provided the PowerPoint presentation to support their
request.
Nancy Gruttman-Tyler, Meadowbrook resident, spoke in opposition to the
annexation.
Grace Cox, County resident, spoke in opposition to the annexation.
Garry Grant, Meadowbrook resident, spoke in opposition to the annexation.
Dan Uhlry, resident, spoke in opposition to the annexation.
Mayor Hickman read an a-mail from Sherry and William Way who indicated they
supported Mr. Brady's recommendation to deny Canyon Lake's request for land
within Lake Elsinore's City limits.
Councilman Zaitz from Canyon Lake requested City Council not to accept staff's
recommendation and provided the City of Canyon Lake's reasons. He also
offered the City of Lake Elsinore's $50,000 of their CDBG Funds starting next
year for five years or hold the item over for further consideration by establishing
an ad-hoc committee to meet with and negotiate with the City of Canyon Lake
possible ways so that both could have awin-win proposition.
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Councilman Magee requested staff to address the CDBG offer and inquired if it
was legal to accept.
City Attorney Leibold responded she was not certain whether the allocation to
Canyon Lake can be legally given to the City of Lake Elsinore and the rules with
respect to receiving those funds.
Councilman Magee noted his respect for Canyon Lake's City Manager and City
Council. He stated he was disappointed Council did not receive a fiscal analysis
until the meeting. He stated about two years ago, he met with Councilmembers
Zaitz and Gibson about this proposal which at that time the intention was to
provide Canyon Lake with their own elementary school or City Yard which he
would support. He stated now they are left with an application, that was
unforeseen, for a commercial development which Lake Elsinore needs as well for
tax revenue. He stated he also has an obligation to the City and to the citizens of
Lake Elsinore. He noted while he sympathizes with the plight of Canyon Lake, he
cannot vote in favor of this request over the objections of the people of
Meadowbrook or over the backs of the people of Lake Elsinore.
Councilman Buckley agreed with Councilman Magee and indicated he would be
happy to do the annexation for a school or some other public use. He stated it
- would be irresponsible for the City to essentially agree to subsidize the City of
Canyon Lake in the tune of $125,000 a year.
Councilman Schiffner stated he was very sorry about financial difficulties Canyon
Lake finds themselves in, if it is true. He noted he would not be serving Lake
Elsinore's community well if he gave this land away.
Mayor Pro Tem Kelley stated she could not support this request and noted this
area is a wonderful addition to Lake Elsinore.
It was moved by Councilman Magee, and seconded by Councilman Schiffner to
deny the City of Canyon Lake's request to amend the City's Sphere of Influence
and to annex from the City of Lake Elsinore 22 acres to Canyon Lake.
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
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ABSENT: NONE
ABSTAIN: NONE
(15) COUNCIL APPOINTS COUNCILMEMBERS MAGEE AND BUCKLEY TO A
SUB-COMMITTEE TO REVIEW APPLICATIONS, INTERVIEW CANDIDATES
AND MAKE RECOMMENDATIONS TO FILL THREE PLANNING
COMMISSION VACANCIES FOR APPOINTMENT AT THE JUNE 24, 2008.
CITY COUNCIL MEETING
It was moved by Mayor Hickman, and seconded by Mayor Pro Tem Kelley to
create a sub-committee of Councilmembers Magee and Buckley to review
applications, interview candidates and make recommendations to fill three
Planning Commission vacancies for appointment at the June 24, 2008, City
Council meeting.
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
(16) COUNCIL ADOPTS ORDINANCE NO. 1253, ADDING CHAPTER 17.26 OF
THE LAKE ELSINORE MUNICIPAL CODE REGARDING DENSITY BONUSES
It was motioned by Councilman Magee, and seconded by Mayor Pro Tem Kelley
to waive further reading and adopt the following ordinance:
ORDINANCE NO. 1253
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, ADDING
CHAPTER .17.26 OF THE LAKE ELSINORE
MUNICIPAL CODE REGARDING DENSITY
BONUSES
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The following Roll Call vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
PUBLIC COMMENTS
There were no public comments.
CITY MANAGER COMMENTS
City Manager Brady commented on the following:
1) May 15th -Farmers' Market, Thursday, downtown Main Street and Peck from 4-
7:00 p.m.
2) May 15th - EDC Luncheon at the Diamond Club, from 11:30 a.m. to 1:30 p.m.
3) May 16th -Cops for Kids. Golf Tournament, starts at 11 a.m. at the Links at the
Summerly Golf Course
4) May 17th -Senior Center 20th Anniversary at the Lake Elsinore Senior Center
from 9:00 a.m. to 1:00 p.m.
5) May 17th -Lake Elsinore Rotary Rumble starts at 10:30 a.m.
6) May 22"d -Lake Elsinore Valley Chamber Commerce Mixer at USA Federal
Credit Union, starts at 5:30 p.m. to 7:30 p.m.
7) May 24th -Lake Elsinore Cruise Day Car Show, 2-5:00 p.m.
8) May 24th -Military Appreciation Night at Storm Stadium
9) Encouraged all residents to shop locally.
CITY ATTORNEY COMMENTS
No comments.
CITY TREASURER COMMENTS
1) Announced on May 22"d' the City Council will be hold a meeting regarding the
2008/09 budget in the Cultural Center at 5:00 p.m.
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CITY COUNCIL COMMENTS
Councilmember Schiffner commented on the following:
No comments.
Mayor Pro Tem Kelley commented on the following:
1) Reminded everyone the Boys and Girls Club will be holding their Field of Dreams
Event, to be held at the Diamond on the field on June 7th at 6:00 p.m. which
includes dinner at $75 per person. She stated there would be a live and silent
auction where the proceeds will go towards programs for the Boys and Girls Club
in Lake Elsinore.
Councilmember Magee commented on the following:
1) Assured everyone that there is no attempt by Council or staff to down zone any
property, to create spot zoning, to devalue anyone's property or to allow public
access across private property. He stated Community Development Director
Preisendanz will be making a presentation on the General Plan Update at the
Citizens Committee meeting Thursday night at the Tuscany Hill Recreation
Center at 7:00 p.m. and encouraged those interested in the process to attend.
Councilmember Buckley commented on the following:
1) Stated he attended a meeting in Washington, DC for the American Mosquito
Control Association. He suggested to contact your local Congressman and
encourage him to support continue funding for the anti-West Nile Virus.
Mayor Hickman commented on the following:
1)
2)
3)
4)
5)
Encouraged people to support the Cops for Kids Golf Tournament because it
provides Christmas presents for the children.
Encourage people to attend the Citizens' Committee, on Thursday, May 15th at
Tuscany Hills Recreation Center at 7:00 p.m.
Encouraged residents to get their General Plan questions answered at the
Planning Commission meeting to be held on May 20th in the Cultural Center at
6:00 p.m.
May 24th -Military Appreciation Night at Storm Stadium
May 26th Memorial Day Service starting at 10:00 a.m.at the cemetery with a fly by
at 10:30 a.m.
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Mayor Hickman adjourned the meeting at 8:10 p.m.
YL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
AT T:
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VIVIAN M.MUNSON
CITY CLERK
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