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HomeMy WebLinkAbout06-24-2008 City Council MinutesMINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 24, 2008 CALL TO ORDER - 7:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 7:05 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE PLEDGE OF ALLEGIANCE Lorraine Watts led the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer and also requested to remember the soldiers overseas. 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, Captain Fetherolf, - Lieutenant Fontneau, 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, Finance Manager Riley and City Clerk Munson. PRESENTATION/CEREMONIALS (1) Mayor Hickman presented a proclamation to Deputy Joseph Narciso who was recently recognized by MADD for being one of the top performers in the State of California. (2) Nancy Hunzeker from the Lake Elsinore Chamber of Commerce provided an update on Chamber activities. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Lorraine Watts, thanked Administrative Services Director Pressey, Supervisor Buster, Mary Venerable and Mayor Hickman for attending and assisting with the Home Preservation Conference sponsored by the NAACP and the City of Lake Elsinore. Lewis Davis, Regional Public Affairs Manager of Edison, introduced the new Regional Manager for Lake Elsinore and surrounding area Viet Tran as his replacement. - Viet Tran, stated it was good to be back and announced Edison will be building a new service center on Clinton Keith which will serve the communities of Lake Elsinore, Murrieta, Wildomar, Canyon Lake and Temecula. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 3 THROUGH 14. AND 16 _THROUGH 23. AND CONTINUE CONSENT CALENDAR ITEM NO. 15 OFF CALENDAR The following items were listed on the Consent Calendar for Council approval: (3) Minutes of the Following Meeting(s) a) Joint City Council/Redevelopment Agency Study Session -June 10, 2008 b) Regular Meeting -June 10, 2008 Recommendation: Approve as submitted. (4) Warrant List Dated June 12. 2008 Recommendation: Authorize payment of Warrant List dated June 12, 2008. (5) Investment Report - May 2008 Recommendation: Receive and file. 2 (6) Notice of Completion for Median Modification on Malaga Road 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. (7) Summary Street Vacation for the Right-Of-Way Known as Silver Street Recommendation: Waive further reading and adopt Resolution No. 2008-66 for the vacation of a portion of Silver Street. (8) Resolution of the Fees for the Transportation Uniform Mitigation Fee (TUMF) Program Recommendation: Waive further reading and adopt Resolution No. 2008-67 amending the applicable Transportation Uniform Mitigation Fee (TUMF) applicable to all developments in the City of Lake Elsinore. (9) Professional Engineering Services -Chuck Mackey Recommendation: Authorize the City Manager to enter into a contract with Chuck Mackey to provide on-call engineering services on an as needed basis. (10) Professional Engineering Services -Dave Solomon Recommendation: Authorize the City Manager to enter into a contract with Dave Solomon to provide on-call project management and engineering services on an as needed basis. (11) Professional Engineering Services -Peter Ramey Recommendation: Authorize the City Manager to enter into a contract with Peter Ramey to provide Construction Management Services for the Rosetta Canyon Fire Station project. (12) Alberhill Ranch Sports Park Turf Renovation Recommendation: Authorize the Director of Parks and Recreation to temporarily close Alberhill Ranch Sports Park for turf renovation and to accept the materials donated by Cal South. (13) Railroad Canyon Road Slope Stabilization Project -Construction Contract Award Recommendation: Reject both bids and direct staff to monitor the slope for any change in conditions. Concurrently, review the project plans for value engineering and return to City Council for new estimated and additional funding sources if necessary. 3 (14) Contract with Lilburn Corporation to Prepare CEQA Compliance Documents for the Project Known as "Alberhill Southwest Shale Mine Reclamation Plan" Recommendation: Authorize the City Manager to enter into a contract with Lilburn Corporation, Inc. to prepare the CEQA compliance documents for the Alberhill Southwest Shale Mine Reclamation Plan, in an amount not to exceed $25,470. (15) Contract with HDR, Inc. to Prepare CEQA Compliance Documents for the Project Known as "Lake Elsinore Association II" Recommendation: Authorize the City Manager to enter into a contract with HDR, Inc. in an amount not to exceed $149,200. (16) Contract with David Hogan to Prepare CEQA Compliance Documents for the Project Known as "Collier Avenue Auto Center" Recommendation: Authorize the City Manager to enter into a contract with David Hogan in an amount not to exceed $20,480. (17) Contract with David Hoqan to Prepare CEQA Compliance Documents for the Project Known as "Lake Street Marketplace" Recommendation: Authorize the City Manager to enter into a contract with David Hogan in an amount not to exceed $22,460. (18) Annual Adoption of Investment Policy Recommendation: Approve the City's Investment Policy. (19) Lake Elsinore Valley Chamber of Commerce 2008-09 Services Agreement Recommendation: Approve the Agreement subject to any minor modifications as may be approved by the City Attorney. (20) General Plan Update Recommendation: Receive and file. (21) Planning Division Professional Service Contracts 2008-2009 Fiscal Year Recommendation: Authorize the City Manager to enter into a contract with Carole Donahoe, Kirt Coury, Linda Miller and Wendy Worthey to provide specialized planning services on an annual basis. 4 (22) Purchase Authorization For a Web Based Streaming Media Solution Recommendation: Waive the informal bidding process and authorize the City Manager to sign and issue a purchase order to Granicus, Inc., to acquire and install the proposed Web based streaming media solution. (23) Agreement with Riverside County to Provide Road Maintenance on Portions of Lost Road and Navaio Springs Road Recommendation: Approve the Road Maintenance Agreement between the City of Lake Elsinore and Riverside County in substantially the form provided and authorize the Mayor to execute the Agreement in such final form as approved by the Director of Public Works and the City Attorney. It was moved by Councilman Magee, and seconded by Councilman Buckley to approve the Consent Calendar Items No. 3 through 14 and 16 through 23, and continue Consent Calendar Item No. 15 off calendar. 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 (24) COUNCIL ADOPTS RESOLUTIONS APPROVING TENTATIVE TRACT MAP NO. 34346 FOR CONDOMINIUM PURPOSES AND RESIDENTIAL DESIGN REVIEW N0.2005-27, FOR "THE COLONY" Mayor Hickman opened the public hearing at 7:21 p.m. Community Development Director Preisendanz presented the staff report. He indicated this project was a 211 multi-family condominium community for active seniors and is located in the East Lake Specific Plan. He stated the Planning Commission unanimously recommended approval of the various entitlements. 5 Leonard Leichnitz, President of Lumos Communities, stated he was opposed to the project. He indicated there were three problems with project in the way it is presented: 1) it eliminates the density cap for the property imposed by the Specific Plan; 2) the current Land Use Map for the Specific Plan, approved in 2005, clearly shows this area as R-2 density where the applicant has described this project within a R-3 planning area and staff agrees with applicant. He stated if the latest approved map says this project is medium density, then it should be processed as medium density; and 3) staff allows the developer to use the flood storage area in its density calculations and pointed out with prior projects such as his and others, density calculations to exclude not include flood storage space. He requested City Council reverse the decision and vote "no". Peter Buchanan, Project Manager, thanked staff for their assistance with the project, spoke in favor of .the project and indicated the process has really been a collaborative effort with a goal of providing a unique and wonderful development with high quality housing and very fine amenities that fulfills a very specific need in the community that is not in the City. He proceeded to outline some of the benefits their project will have for the City. Dan Uhlry, resident, stated he liked the project. He indicated he had the same density concerns as Mr. Leichnitz. - City Attorney Leibold stated the East Lake Specific Plan is being implemented and should be implemented in accordance with its definitions, land use map and other provisions and does not feel this project is any variance from the implementation of East Lake Specific Plan and is not receiving any special treatment. She also stated the Land Use Map in the East Lake Specific Plan establishes land use designations throughout the 3,000 acres of the East Lake Specific Plan. She also stated each land use designation in the narrative of the plan articulate a maximum number of dwelling units per acre, calculated as a net density. She indicated the proposed project is well within, in fact, quite a bit below maximum allowable density based on the text of the East Lake Specific Plan. Councilman Buckley inquired if the applicant was getting extra density because it is a seniors' project. City Attorney Leibold responded they were not; however, because of the design review and parking requirements, there may be a lesser parking standard because of the senior restriction which would not be available to an unrestricted project, which would require a higher level of parking, and therefore reduce the overall density. Community Development Director Preisendanz stated it was important for him to - mention, when the applicant arrived in the City two years ago, staff had given the applicant density direction, based on what was directed with other applicants, 6 which was based on the Land Use Plan which was R-2 and R-3 with 14 dwelling units as the goal. He also stated along Mission Trail there is a lot of R-1 zoning along with Commercial zoning which many landowners want to change to high density. He also indicated staff has explained to these owners that the City wants a commercial project in the area. He noted this project was presented much different than it is being presented now and per staffs' request, the applicant has changed many items. He stated he would also like to see some continuity with the golf course. Councilman Schiffner stated he felt this project adds value to the City of Lake Elsinore. Mayor Hickman closed the public hearing at 7:47 p.m. Mayor Pro Tem Kelley stated it was a wonderful and beautifully designed needed project. She indicated the area of concern with her is whether or not all of the procedures been applied equitably to the developments in East Lake Specific Plan. Peter Buchanan, Project Manager, indicated Lumos and Laing were their own Specific Plans where they worked with the City to come up with the rules, density, etc. He noted what they are processing is a project under the East Lake Specific Plan. City Attorney Leibold responded it was not technically correct to say they were new Specific Plans, they were amendments to planning areas within the East Lake Specific Plan that established new land use designations, new circulation, etc. and because they're their own amendment with a whole new set of regulations and not the implementation of the existing East Lake Specific Plan, there could be some distinction and that is a distinction worthy of notice. Councilman Magee indicated the applicants have been very good neighbors and stewards of the property and stated he explained to the applicant that he was opposed to high density projects. He also stated the City should establish residential estate zoning in this particular area. He noted the Council set the bar with Laing and Lumos, reduced density, increased public recreational opportunities and this application does none of this. Mayor Hickman indicated this was an excellent project and it must remain a senior project. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Magee to continue this item off calendar. 7 The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN MAGEE NOES: MAYOR HICKMAN COUNCILMAN BUCKLEY COUNCILMAN SCHIFFNER ABSENT: NONE ABSTAIN: NONE Motion failed. It was moved by Councilman Schiffner and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-68 adopting findings that "The Colony" project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN BUCKLEY COUNCILMAN SCHIFFNER NOES: MAYOR PRO TEM KELLEY COUNCILMAN MAGEE ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Schiffner, and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-69 adopting Mitigated Negative Declaration No. 2008-06. The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN BUCKLEY COUNCILMAN SCHIFFNER NOES: MAYOR PRO TEM KELLEY COUNCILMAN MAGEE 8 ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Schiffner, and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-70 approving Tentative Tract Map No. 34346 to include the following: 1) Amending Condition No.12, strengthening the senior citizen restriction. 2) Add "Condition No. 19.g to read as follows: "The CC&R's shall designate the project as a senior housing project restricted for occupancy to persons 55 yeas and older- except as specifically permitted by Section 51.3 of the California Unruh Civil Rights Act and subdivision (b) of Section 807 of the Federal Housing Act or other applicable State and Federal law." 3) Add a new condition saying "in the event that Olive Street is constructed, the applicant shall upon the City's request; make gated pedestrian golf cart and/or vehicular access available from the project's southern boundary to Olive Street. 4) Add a new condition saying "shall work with staff and shall consult with Northwest Mosquito Vector Control District to create an appropriate landscaping plan for the retention basin." The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN BUCKLEY COUNCILMAN SCHIFFNER NOES: MAYOR PRO TEM KELLEY COUNCILMAN MAGEE ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Schiffner, and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-71 approving Residential Design Review No. 2005-27 to include the amended and new conditions. The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN BUCKLEY COUNCILMAN SCHIFFNER 9 NOES: MAYOR PRO TEM KELLEY COUNCILMAN MAGEE ABSENT: NONE ABSTAIN: NONE COUNCILMAN BUCKLEY LEFT THE COUNCIL CHAMBERS AT 8:10 P.M. (25) COUNCIL ADOPTS RESOLUTION NO. 2008-72; APPROVING CAPITAL IMPROVEMENT PROGRAM (CIP) FOR FY 2008-09 THROUGH 2012-13 Mayor Hickman opened the public hearing at 8:10 p.m. Public Works/City Engineer Seumalo presented the staff report. He indicated the CIP identifies projects for both near term development and future development. He also indicated the program for this budget year is approximately $21 million. 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 8:13 p.m. It was moved by Councilman Schiffner, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008-72, approving the Capital Improvement Program for Fiscal Years 2008-2009 through 2012-2013. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE (26) COUNCIL INTRODUCES ORDINANCE NO. 1255, APPROVING ZONING ORDINANCE TEXT AMENDMENT NO. 2008-03; A REQUEST TO AMEND LAKE ELSINORE MUNICIPAL CODE CHAPTER 17.82 (DESIGN REVIEW) IN ORDER TO MODIFY EXISTING GUIDELINES FOR TIME EXTENSION RELATED TO DESIGN REVIEW APPROVALS 10 Mayor Hickman opened the public hearing at 8:13 p.m. Community Development Director Preisendanz presented the staff report. He indicated this amendment would allow additional time on design review of two years. He also indicated any design review approval granted on or after July 1St 2007 would receive this extension of time. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. COUNCILMAN BUCKLEY RETURNED TO THE COUNCIL CHAMBERS 8:15 P.M. There being none, Mayor Hickman closed the public hearing at 8:15 p.m. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and introduce Ordinance No. 1255 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 17.82 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING TIME EXTENSIONS FOR DESIGN REVIEW APPROVALS The following Roll Call vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: ABSENT: ABSTAIN: BUSINESS ITEMS COUNCILMAN BUCKLEY NONE NONE (27) COUNCIL APPOINTS JOHN GONZALES, PHIL MENDOZA AND MICHAEL O'NEAL TO FILL TERMS EXPIRING JUNE 30, 2012, ON THE PLANNING COMMISSION Councilman Magee stated they had six applicants to include three incumbents, and encouraged the applicants to re-apply again at a future recruitment. He noted they had some very qualified individuals apply. He also indicated based on the performance of the current Commissioners and wanting to continue our 11 _ consistency while the General Plan is being reviewed, for those two reasons they are recommending reappointing John Gonzales, Phil Mendoza and Michael O'Neal. It was moved by Councilman Magee, and seconded by Councilman Buckley to appoint the following three individuals to fill terms expiring June 30, 2012, on the Planning Commission: John Gonzales, Phil Mendoza and Michael O'Neal. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (28) COUNCIL ADOPTS ORDINANCE NO. 1254. APPROVING PLANNED UNIT It was moved by Councilman Buckley, and seconded by Mayor Pro Tem Kelley to waive further reading and adopt Ordinance No. 1254 as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNED UNIT DEVELOPMENT NO. 2008-01 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 12 PUBLIC COMMENTS CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) June 26th, Thursday, Farmer's Market, 4-7:00 p.m. at Historic Downtown Lake Elsinore at Main. and Peck. 2) June 26th, Thursday, Business Networking Mixer, hosted by Ridgestone Apartments located at 3915 Arden Way, 5:30 p.m. 7:30 p.m. 3) June 28th, Saturday, Lake Elsinore Cruise Day -Car Show, 5-8:00 p.m. Main Street. 4) July 3~d, Thursday, Movies in the Park, After Dark, 7:30 p.m. Summerlake Park and is free to all. 5) July 5th, Saturday, Lake Elsinore's Downtown Merchants Association Celebrates the Cit of Lake Elsinore's 120th Anniversary along with the Fourth of July Celebration, Main Street. 5) July 10th, Thursday, All Chamber Mixer at the Diamond Club. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: No comments. Councilmember Magee commented on the following: Councilman Magee announced the Rusticana Restaurant is now open. Councilmember Buckley commented on the following: Wished everyone a Happy Fourth. 13 Mayor Hickman commented on the following: 1) Announced the Breakfast Club located at 19980 Grand Ave. is an excellent place to eat and welcomed everyone to try it out. 2) VFW is re-opening their new bar area. 3) Invited residents to visit Main Street to view the flags. 4) Announced starting July 7th, seniors 60 years and older making less than $41,000 are entitled to a property tax rebate. If interested, please call the senior center 674-2526. Mayor Hickman adjourned the meeting at 8:26 p.m. in memory of Cathy Zaitz, wife of Councilman Zaitz for the City of Canyon Lake. L HICKMAN, MAYOR CITY OF LAKE ELSINORE ATT T: V~VIAN M.MUNSON CITY CLERK 14