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HomeMy WebLinkAbout07-22-2008 City Council MinutesMINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 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 COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following item was to be discussed during Closed Session: (1) Public Employee Performance Evaluation (Pursuant to Gov't Code §54957): City Clerk 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 Warrant Officer Adam Miller led 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, Captain Fetherolf, Lake & Aquatic Resources Director Kilroy, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Director of Community Development Preisendanz, Fire Chief Hendershot, Planning Manager Weiner, Building Division Manager Chipman and City Clerk Munson. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss public employee performance evaluation, pursuant to Government Code Section 54957. The City Attorney indicated there was no reportable action. PRESENTATION/CEREMONIALS (2) Mayor Hickman presented a Certificate of Appreciation to Trace Greenelch for assisting in the maintenance of yards of foreclosed homes in his neighborhood. (3) Mayor Hickman presented a plaque to Bob and Kris Hertz of Flour Fusion for the Business of the Quarter. (4) Mayor Hickman presented Certificates of Appreciation to Habitat For Humanity, GMAC Financial Services, EVMWD and Bulk Fuel Company, 7t" Engineering Supply Battalion who participated in the "Bird Tract Revitalization Project." (5) Kim Cousins, President of the Lake Elsinore Chamber of Commerce, provided an update on Chamber activities. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE Barbara Middlebrook, President of EVAN, announced the Concerts in the Park are beginning August 16~h, and thanked the City with their financial support. i Chris Hyland, resident, expressed her concerns with the lot where the old Machado house sits. She indicated the lot is overgrown with weeds and is a fire hazard, indicated the house is in foreclosure and asked the City to help with placing a sign to deter 2 vandalism on the property and doing something about the weeds. Mayor Hickman requested the City Manager send over the' Public Works Department to cut down the weeds on the property. Terry Thielan, resident, requested assistance from the City to help the landowners along Lakeshore Drive to work with the Elsinore Valley Municipal Water District to start a sewer assessment district on Lakeshore Drive, west of Chaney. He stated there is no sewer there with 25-30 homes with septic and the septic is leaking down into the lake. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 6 THROUGH 20 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 Study Session -July 8, 2008 b) Regular Meeting -July 8, 2008 Recommendation: Approve as submitted. (7) Warrant List Dated July 15, 2008 Recommendation: Authorize payment of Warrant List dated July 15, 2008. (8) Investment Report -June 2008 Recommendation: Receive and file. (9) Resolution Confirming Fiscal Year 2008-09 Special Taxes for CFD's Recommendation: Waive further reading and adopt Resolution No. 2008-78, requesting the tax collector of the County of Riverside to place special taxes on the bills of certain properties within the CFD. (10) Professional Landscape Plan Check and Inspection Services -David Evans and Associates Recommendation: Authorize the City Manager to enter into a contract, in a form approved by the City Attorney, with David Evans and Associates, Inc. to provide landscape plan check and inspection services to the City of Lake Elsinore for Fiscal year 2008-2009. (11) Selection of Landscape Architectural Firms for Landscape Design Services and Award of Agreement 3 - Recommendation: Authorize the City Manager to sign the Professional Services Agreements with BMLA Landscape Architecture and David Volz Design for on- call landscape architectural design services and to issue purchase orders on a project-by-project bases. (12) License Renewal -ESRI Geographic Information System (GIS) Software Recommendation: City Council authorize the City Manager to approve the renewal of the ESRI ArcGIS software licenses for FY 2008-09. (13) Approval of New Web Site Policies and Disclaimer Recommendation: Approve proposed Web site policies and disclaimer for implementation with the new City Web site. (14) Professional contract Services with Bureau Veritas for Development Plan Checking on an On-call Basis Recommendation: Approve the continuation of the existing agreement with Bureau Veritas. (15) Professional Contract Services with Harris and Associates for Development Plan Checking and Construction Inspection on an On-Call Basis Recommendation: Approve the continuation of the existing Agreement with Harris and Associates for development plan checking and construction inspection on an on-call basis. (16) Franklin Street Rehabilitation and Storm Drain Improvements - Notice of Completion 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. (17) I-15/Railroad Canyon Road and I-15/SR-74 Interchange Update Recommendation: Receive and file report. (18) General Plan Update Recommendation: Receive and file report. (19) Purchase Order for Contract Plan Check Services for Fiscal Year 2008/09 Recommendation: Authorize the City Manager to approve a Purchase Order in the amount of $150,000 for Scott Fazekas and Associates to provide plan check 4 services for fiscal year 2008/09. This amount was budgeted for in the 2008/09 Building Division Professional Services account. (20) Purchase of Crossroads Software Collision Database and Automated Handheld Citation Systems Using Supplemental Law Enforcement Services Fund Grant SLESF Recommendations: a) Approve the purchase of Crossroads Software/Automated Collision Database System with GIS Collision Mapping Module. b) Approve the purchase of nine SymboIMC35 Handheld citation instruments and printers. c) Approve the exemption from the bid process for this sole source vendor, Crossroads Software. d) Approve the expenditures in the amount of $50,386.63 to Crossroads Software from the Supplemental Law Enforcement Services Fund Grant (SLESF). It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Magee to approve the Consent Calendar Items Nos. 6 through 20. The following vote resulted: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS There were no public hearings. APPEALS (21) COUNCIL CONTINUES THE APPEAL OF THE DECISION OF THE NUISANCE ABATEMENT BOARD DECLARING THE PROPERTY LOCATED AT 606 EAST MINTHORN STREET TO THE AUGUST 12TH CITY COUNCIL MEETING 5 - Building Official Chipman presented the staff report. He indicated the property at 606 Minthorn had a long history of violations and has been a focus of code enforcement since 2000. He indicated it has been taken before the Nuisance Abatement Board on two prior occasions. He indicated the property owner had appealed a decision of a Nuisance Abatement Board decision in February of 2008, based on the use of the property. He stated the property is residential which he has cleaned up; however, he is storing two large trucks which is violation of the zoning code. Mr. Rotellini indicated the property is clean. He indicated he applied for a business license to store his trucks and his equipment. He indicated he told the business license he cleaned properties, he filled out a form, paid his $97 and has been operating his business for four years. Mr. Rotellini requested permission from the City Council to allow him to store two of his semi-trucks on his property for one year. Councilman Magee inquired why the City would issue a business license for this type of business in a residential zone. Building Official Chipman responded the applicant represented his business as a home occupation type license and did not require approvals from the Planning, Fire or Building Departments. Community Development Director Preisendanz indicated Planning had not signed off on the Business License and therefore zoning was not checked. Councilman Magee inquired of the City Attorney if the City Council had discretion to allow this individual to continue to store his commercial trucks in a residentially zone property and make an exception under extenuating circumstances with respect to the business license being issued and having no neighbors. City Attorney Leibold responded she would have to look at the permitted and not permitted conditional uses for this zoned property. Community Development Director Preisendanz indicated its is not permitted in any way. Councilman Magee indicated Council needs to continue this item to get the whole story and all of the information and get Mr. Rotellini to write an accurate description on what he is going to do with the property. Councilman Buckley indicated he cannot set a precedent in parking commercial vehicles in residential neighborhoods. 6 .- Councilman Schiffner indicated the City should look into and find out the circumstances of how the business license was issued and whether there was a mistake made at that time. Councilman Buckley asked the City Attorney what exactly does the possession of a business license give you the right to do. City Attorney Leibold responded if it is issued as a home occupation permit, it gives you the right to conduct a business out of your home with conditions; however, it is unclear what conditions were attached to this business license. It was moved by Councilman Magee, and seconded by Councilman Schiffner to continue to the meeting of August 12tH It was moved by Councilman Buckley, and seconded by Mayor Pro Tem Kelley to uphold the decision of the Nuisance Abatement Board. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY - NOES: MAYOR HICKMAN COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE ABSTAIN: NONE Motion failed. It was moved by Councilman Magee, and seconded by Councilman Schiffner to continue the item to the City Council meeting of August 12tH The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY ABSENT: NONE 7 ABSTAIN: NONE (22) COUNCIL UPHOLDS THE PLANNING COMMISSION'S DECISION TO APPROVE CONDITIONAL USE PERMIT NO. 2008-09 WITH ADDITIONAL NINE CONDITIONS OF APPROVAL PRESENTED HEREIN TO INCLUDE VIGOROUS MONITORING OF THE BUSINESS AND BE BROUGHT BEFORE THE CITY COUNCIL IN SIX MONTHS Community Development Director Preisendanz presented the staff report. He indicated the item before Council was a consideration of two appeals of the Planning Commission decision to approve CUP No. 2008-09. He noted Council continued the appeal and requested staff to provide further information related to the approval of the Elks portion of the facility; specifically as to what areas were being proposed for live entertainment and compliance with existing conditions of approval. He indicated a sign program has been submitted to staff and the graffiti has been removed from the identified areas. He also noted City staff, Mayor Hickman and Captain Fetherolf met with the owner of Trevi to discuss additional conditions of approval to which the applicant was agreeable. George Alongi, Wildomar resident, spoke in favor of the Trevi business and stated he agreed with the Police Chief but felt this was no reason to deny this type of business. Mukesh Patel, Best Western, indicated everyone should have the right to run a business without any problems and conflicts. He indicated his main concerns were with noise levels, safety and security of their guests and employees. He indicated should Council intend to permit Mr. Knights business, then Council should consider some conditions that protect his hotel and guests. He suggested 1) reduce the noise level from 65 to 55 decibel or less and monitoring the noise level from his property to Mr. Knight's property and from Mr. Knight's property to his; 2) building should be sound proof to include all walls, doors and ceiling; and 3) be advised of the times of events. David Bristow, Counsel representative for Trevi, indicated he did not receive the most current conditions or staff report. After some debate on whether or not he received the final conditions, the conversation continued. The Director of Community Development Preisendanz indicated the applicant submitted a sign program, they have taken care of the graffiti that was identified, did some clean up on the property and pulled weeds. He noted staff agreed to contact the property owner to pursue his compliance with the landscaping. He indicated the original CUP has been approved; staff if working with the applicant to get the sign program approved and everything cleaned out. He noted the applicant has planted some ground cover along Mission Trail and agreed to add more shrubs. 8 __ Captain Fetherolf indicated his appeal on the recommendation of the Conditional Use Permit proposed by the Planning Commission where they removed certain restrictions from the CUP which would allow the facility then to be used as a nightclub/discotheque, music, comedy or type of entertainment business on the premises. He noted staff, the Mayor and himself met with Mr. Knight on July 14'h to discuss what conditions might be appropriate should the Council decide to carry forward with the Planning Commission's recommendations to allow night club etc. at that center. He read from his letter submitted to the City Manager regarding his concerns he expressed "previously about the Trevi Entertainment Center changing from what was originally advertised as having afamily-centered focus to an adult night club environment... and the increase drain on police resources such businesses create. My recommendation to the City Council is that the facility remains afamily-centered business with limited accommodations for private parties, banquets, etc., in the adult-centered portions of the business." He noted should the City Council approves the adult-entertainment focus, he strongly recommends the following conditions be required in the Conditional Use Permit along with the previously issued requirements in the revised general conditions set forth in the CUP 2008-09. He stated they were as follows: 1. All existing security cameras are to be continuously and actively monitored by dedicated security personnel during business hours between 5 p.m. until closing every business day; and 2. The owner of Trevi will maintain an adequate number of trained, adult security employees on duty at all times during business hours, dedicated to the safety and security function with no less than two (2) clearly identified trained security officers per 100 persons occupying (or anticipated to occupy) the interior rooms/areas where alcohol is served or where there are special events open to the public (including private parties, DJ/live music, dances, etc.) from 5 p.m. until closing each business day, and two (2) security personnel dedicated to the exterior of the facility (parking lot, patios, etc.) to insure pedestrian and vehicle safety/security from 5 p.m. until closing each business day; and 3. Security staff shall be increased as directed by the Chief of Police in the event existing security arrangements prove to be inadequate as determined by the Chief of Police; and 4. Trevi management will immediately alert law enforcement when there are any violations of law or unruly behavior occurring on premises; and 5. Trevi will not allow any events to result in the over population of rooms/areas as defined in the maximum occupancy requirements set forth by the City and the fire department in the building plans; and 9 ..,_ 6. Trevi will not be permitted to allow live dancers, fashion shows, lingerie or any other modeling events, to occur on premises apart from or in conjunction with the afore-described events; and 7. The business management/owners commit to fully cooperate with and assist law enforcement in the identification of criminals and criminal activity, and the active prosecution of criminals who have victimized the business or its patrons; and 8. Trevi will ensure that all Alcoholic Beverage Control (ABC) laws, regulations and requirements are strictly adhered to by management and staff; and 9. The City place a probationary period of six (6) months on the issuance of the CUP to include a review of the operation of the Trevi Center and the demand on police resources at the end of the six-month period and to include an official report of findings and recommendations to the City Council from City staff and the Chief of Police. David Bristow, Counsel representative for Trevi, indicated that he concurred with all of the proposed conditions that his client was in agreement with and thanked Captain Fetherolf for all of his efforts in this regard and coming up with this list. Mayor Pro Tem Kelley expressed her concerns with what occurred after addressing this appeal at the last City Council meeting. She referred to a letter signed by an employee wondering why Trevi is allowed to continue without a permit (Attached). She indicated she will not support the Conditional Use Permit. Captain Fetherolf reviewed the activity that had taken place at the Trevi Entertainment Center from June 10th through June 17th. He indicated there were 14 calls in total, six of the calls were non-criminal in nature, eight were for misdemeanor offenses, three of the eight were for assaults, and four were for disturbance of the peace. Councilman Magee indicated the CUP needs to be in 100% compliance. He indicated the only way this can work is in a probationary basis which I heartedly support the Chief of Police six month review which will be January 20, 2009. He noted he is supporting this permit reluctantly and he wants the business to be successful. Councilman Buckley commented there is no problem with the use of the concept, that it just be done right. He indicated some of the additional conditions that were discussed last time should be added such as banning "all age" functions; no outside promoter to use the space; only outside access to the nightclub; pay for and install a decibel monitor that is installed in the back of the Best Western 10 - property, a decibel monitor that records the decibel levels; and noted he did not feel they should be allowed to open until all of the conditions of the first CUP are in complete compliance; and a condition that allows immediate suspension of the operation of the club at the discretion of the City Manager or Chief of Police and placing the wording of the "large parties ordinance" as a condition. City Attorney Leibold indicated the conditions can reference Chapter 9.42. Mayor Hickman suggested placing an iron door at the arch door with some insulation so that the noise does not travel. He indicated he would rather see Mr. Knight go with these nine conditions, to include a cover charge, limit the demands on this and give them the six months probation. It was moved by Councilman Schiffner, and seconded by Councilman Magee to uphold the Planning Commission's decision to approve Conditional Use Permit No. 2008-09 with the additional nine conditions of approval presented herein to include vigorous monitoring of the business and be brought before the City Council in the next six months. The following vote resulted: AYES: MAYOR HICKMAN COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE COUNCIL RECESSED THE MEETING AT 8:38 P.M. COUNCIL RECONVENED THE MEETING AT 8:48 P.M. BUSINESS ITEM(S) (23) COUNCIL RECEIVES AND FILES REPORT RELATED TO THE PILOT PROGRAM TO WATER FORECLOSURE PROPERTIES AND TAKES NO FURTHER ACTION Public Works/City Engineer Seumalo presented the staff report. He reported on the pilot program to water foreclosed properties within the City. He noted the City Council wanted staff to quantify time, cost and effectiveness of irrigating the 11 foreclosed properties. He identified staff's findings on the various types of programs to address watering the lawns and trees of foreclosed properties. Councilman Magee noted the problems with foreclosed properties will last at least another two to four years and based on the figures staff provided, it would cost the City $1 to $2 million general funds monies to support this program and he is not willing to support this money for these abandoned homes. Mayor Pro Tem Kelley indicated the cost is prohibitive for the effectiveness of the program. She reported Mr. Brady and herself met with their homeowners association to talk about different strategies to improve specific neighborhoods from deterioration and indicated Pardee Homes had established September 6`h as a clean up day for the homes in that development. She indicated she could not support this type of financial obligation. It was moved by Councilman Magee, and seconded by Councilman Schiffner to receive and file report and take no further action. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY - COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: MAYOR HICKMAN ABSENT: NONE ABSTAIN: NONE (24) COUNCIL ADOPTS RESOLUTION NO. 2008-79: AMENDING THE CITY OF LAKE ELSINORE CITY COUNCIL POLICY 300-3 REGARDING CITY CREDIT CARDS, MEALS, MEETINGS AND TRAVEL EXPENSES City Manager Brady presented the staff report. He summarized the amendments made to the Policy which were as follows: 1) eliminating credit cards for the City Council; 2) taking the wording out for gas credit card which do not exist; and 3) clarification to the travel and meal component is clarified to apply to members of the Council along with non-elected City boards and commissions. Councilman Buckley inquired if there will be an emergency City Council credit card maintained by the City Manager. City Manager Brady responded there would not be and noted the City Manager's credit card can be used for travel arrangements for hotels, etc. 12 It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Magee to waive further reading and adopt Resolution No. 2008-79, amending the City of Lake Elsinore City Council Policy 300-3. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (25) COUNCIL DESIGNATES THE PLANNING COMMISSION AS THE AUTHORITY FOR DETERMINING PUBLIC CONVENIENCE AND NECESSITY, - UNLESS APPEALED, WHEREAS THE CITY COUNCIL WOULD ASSUME THE RESPONSIBILITY TO INCLUDE THE ADDITIONAL LANGUAGE PROVIDED BY CAPTAIN FETHEROLF Community Development Director Preisendanz reviewed the proposed modifications and process for this procedure. He noted Chief of Police Fetherolf requested this wording be placed in the resolution as follows "After receiving and giving due consideration to written recommendations from the Chief of Police." It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Magee to designate the Planning Commission as the authority for determining public convenience and necessity, unless appealed, whereas the City Council would assume the responsibility to include the additional language provided by Captain Fetherolf. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER 13 NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC COMMENT(S) There were no public comments. CITY MANAGER COMMENT(S) City Manager Brady commented on the following: (1) Cool Centers -Community Action Partnership of Riverside County is coordinating Cool Centers to provide drop-in site for vulnerable individuals, seniors, the disabled and other in need of temporary relief from the heat. For further information please call Summer Energy Crisis Hotline at 1-888-636-8676. (2) Thursday, July 24th, Lake Elsinore Chamber of Commerce Business Mixer will be held at the Links at Summerly from 5:30 - 7:30 p.m. (3) Friday, July 25-26, Animal Friends of the Valley will be holding their Grand Reopening of Pup~y facility at 1:00 p.m. (4) Saturday, July 26t ,Lake Elsinore Cruise Day Car Show, from 5-8 p.m. on Main Street. (5) Thursday, July 31St, Farmers' Market from 4-7 p.m. at Main and Peck. (6) Thursday, July 31St, Movies in the Park, After Dark at 7:30 p.m. at Summerlake Park. (7) Saturday, August 2, Household Hazardous Waste Roundup, 9 a.m, to 2 p.m. at 521 N. Langstaff, adjacent to the City Yard. (8) Daily through August 8th, Aquatic Program at Lakeside High School Pool. For further information please call (951) 245-0442. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. 14 Mayor Pro Tem Kelley commented on the following: No comments. Councilmember Magee commented on the following: (1) Urged staff to assist the Historic Society and notify the new property owner the Machado adobe needs to be preserved. (2) September 27`h at 6 p.m. at the Pechanga Resort and Casino, Trauma Intervention will be holding their 4`h Annual Heroes with Heart Awards Dinner, a dinner honoring our police and fire fighters. For more information or to make a donation, please call Gina at 678-4509. Councilmember Buckley commented on the following: (1) Thanked his neighbors for their assistance and support, especially Jeff from across the street, the firefighters and investigators who were looking into who set his auto on fire. Mayor Hickman commented on the following: (1) Announced 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. (2) Big Jims, formerly known as the Breakfast Club, opens August 1S`, moved to Grand and Corydon and makes an excellent meal. Mayor Hickman adjourned the meeting at 9:25 p.m. L HICKMAN, MAYOR CITY OF LAKE ELSINORE ATJ(EST: VIVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 15