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HomeMy WebLinkAbout08-12-2008 City Council MinutesMINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 12, 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 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 Legal Counsel--Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Gov't Code Section 54956.9: 2 potential cases 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 Greg Morrison led the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer. ROLL CALL - 7:00 P.M. 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, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Community Development Preisendanz, Director of Parks and Recreation Gonzales, 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 anticipated litigation, pursuant to Government Code Section 54956.9, three potential cases. City Attorney Leibold indicated there was no reportable action. PRESENTATION/CEREMONIALS (2) Mayor Hickman announced he presented a Certificate of Appreciation to Bill Tiitto at the 4:00 p.m. Study Session. Mayor Hickman presented Certificates of Appreciation to Rodger Garrard and John Shook for their assistance in maintaining yards of foreclosed homes in their neighborhoods. (3) Mayor Hickman presented a proclamation to David Vermillion in memory of his father, former Councilman Robert A. Vermillion. (4) Brenda Denstedt from the Western Municipal Water District and Phil Williams from the EVMWD made a presentation to the City Council regarding the water efficient landscaping project and presented $5,000 towards the City's effort for the design of the project. (5) Mayor Hickman announced that Cal Trans had cancelled their presentation to the City Council regarding the Ortega Highway Safety Improvement Project due to budget constraints. 2 PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE George Alongi, resident, requested the City Council adopt a new policy of flying the flag in front of City Hall at half mast for one day to honor those who serve in this community and pass on. He requested this be done for Robert Vermillion. Mayor Hickman took a consensus of the Council and it was their consensus that the flag in front of City Hall be flown at half mast in memory of Robert Vermillion on Wednesday, August 13th. Chris Hyland, resident, spoke of her friend Bob Vermillion. Barbara Middlebrook, President of EVAN, announced the summer concerts, "A Music with a View", will be held at McVicker Park and begin at 7:30 p.m. on August 16tH 23rd and 30tH and September 6tH. She also thanked the City, Parks and Recreation Director Gonzales and Captain Fetherolf for all of their in-kind services provided to EVAN. She also thanked Mayor Pro Tem Kelley and Gary Kelley for what they have done for the concerts. Thomas Vose, Manager of the Lake Elsinore Library, provided a summary of the types of services and happenings at the Library. ~- Lorraine Watts, representing NAACP, announced they will be holding two candidate forums; one on Saturday, August 23rd at noon at the Library for State and Federal offices and on Saturday, September 27tH there will be a candidate's forum for local candidates. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 6 THROUGH 10 The following items were listed on the Consent Calendar for Council approval: (6) Warrant List Dated July 31, 2008 Recommendation: Authorize payment of Warrant List dated July 31, 2008. (7) Reauest to Waive City Fees and Grant an Exception to Serve Alcohol at the Music With a View Concert Series Recommendation: Approve request to waive City fees and grant the exception to serve alcohol at the Music with a View Concert series. (8) License Agreement Alberhill Ranch Sports Park Recommendation: Approve the License Agreement for Alberhill Ranch Sports ""' Park and authorize the City Manager to sign the agreement. 3 (g) Draft Parks and Recreation Master Plan Review Recommendation: Accept and file the Draft Parks and Recreation Master Plan. (10) Approval of CDBG Supplemental Agreement 2008-2009 Recommendation: Authorize the Mayor to execute the supplemental agreement with the County of Riverside for the use of Community Development Block Grant funds. It was moved by Councilman Buckley, and seconded by Mayor Pro Tem Kelley to approve Consent Calendar Items Nos. 6 through 10. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARING(S) (11) COUNCIL ADOPTS RESOLUTION NO. 2008-80; ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROPOSED COMMERCIAL RETAIL CENTER AND ADOPTS RESOLUTION NO. 2008-81; APPROVING COMMERCIAL DESIGN REVIEW NO. 2008-02 LOCATED AT 31800 MISSION TRAIL Mayor Hickman opened the public hearing at 7:28 p.m. Community Development Director Preisendanz presented the staff report. He indicated the proposed commercial retail center was located at 31800 Mission Trail next to the Stater Bros. Shopping Center. He indicated the shopping center will consist of two detached buildings which total approximately 22,770 sq.ft., and 18 individual suites. He noted by a 3-2 vote the Planning Commission approved to recommend the City Council approval of Commercial Design Review 2008-02. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. 4 There being none, Mayor Hickman closed the public hearing at 7:33 p.m. Councilman Magee requested information why the two Planning Commissioners dissented on the vote for this project. Community Development Director Preisendanz responded both Commissioners had voiced concerns regarding the truck traffic coming into the site and not being able to turn around towards the rear of the property. He indicated the Fire Department and the City's Engineering Division both approved the project. He also indicated one of the Commissioners desired to have an access off of Casino Drive, however, the applicant expressed some concerns with the elevation difference. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and adopt Resolution No. 2008-80, adopting findings of consistency with the Multiple Species Habitat Conservation Plan (MSHCP) for the proposed commercial retail center. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and adopt Resolution No. 2008-81, approving Commercial Design Review No. 2008-02 located at 31800 Mission Traif. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE 5 ABSENT: NONE ABSTAIN: NONE APPEAL(S) 12) COUNCIL DENIES THE APPEAL AND PERMITS THE PROPERTY OWNER TO PARK NO MORE THAN TWO COMMERCIAL VEHICLES AT ANY ONE TIME ON HIS PROPERTY UNTIL THE CURRENT BUSINESS LICENSE EXPIRES RECOGNIZING THAT COMMERCIAL ACTIVITY WILL NOT BE APPROVED THERE IN THE FUTURE WITHOUT A ZONE OR GENERAL PLAN AMENDMENT CHANGE AND HE MUST MAINTAIN THE PROPERTY AT ITS CURRENT STANDARD Building Division Manager Chipman presented the staff report. He indicated that it was staff's recommendation the City Council deny the appeal of the nuisance abatement and obtain clarification with the use of the business license. Edward O'Connel, Murrieta resident and representative for Mr. Rotellini, stated Mr. Rotellini left to Italy to be at the bedside of his very ill father and would not be able to attend the meeting. He indicated Mr. Rotellini conveyed his thanks to the Council for hearing his case and apologized for not attending. Councilman Magee indicated since Mr. Rotellini has maintained the property and since the City does maintain an active business license, he suggested asking Mr. Rotellini to continue to maintain the property in its current condition, and that he be permitted to park no more than two commercial vehicles at any one time on his property until the current business license expires that clearly states this will not be approved again and that residential property is no place for commercial vehicles. City Attorney Leibold indicated the current business license was issued March 3, 2008, and expires March 31, 2009. Councilman Buckley indicated it was still in a residential zone and the City cannot set that precedent. Mayor Hickman requested that Mr. Chipman check the property every couple of months to ensure the property is kept clean. It was moved by Councilman Magee, and seconded by Mayor Pro Tem Kelley to deny the appeal and permit the property owner to park no more than two commercial vehicles on his property at any one time until the current business license expires recognizing that commercial activity will not be approved there in the future without a zone or general plan amendment change and he must 6 maintain the property at its current standard. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE BUSINESS ITEM(S) (13) THE MAYOR WAS DIRECTED TO MEET WITH THE THREE HOMEOWNERS GROUPS AND FIND OUT WHAT TYPE OF ASSISTANCE THEY WOULD REQUIRE FROM THE CITY AND REPORT BACK TO COUNCIL Mayor Hickman indicated his concern was trying to salvage the trees and -- suggested placing mulch around the trees in lieu of watering the trees, have Council sign a letter asking each neighbor on each side of the home to throw a bucket of water on the mulch. He also suggested doing a study in three areas; Canyon Hills, Tuscany Hills and Rosetta Canyon because they have professional landscapers. Councilman Magee suggested the Mayor meet with the three homeowners groups and find out what type of assistance they would require from the City and report back to Council. Mayor Hickman indicated his goal was to not use any of the City's money, use the Youth Corp., community hours and some of the HOA's landscapers. Councilman Buckley inquired if Council encourage neighbors as part of a City program to go onto other people's property, foreclosed or not, does this color of authority of the City lead to liability exposure City Attorney Leibold responded she did not think so. She indicated the City cannot provide any kind of protection from any kind of action that might come. She indicated that type of action would be unlikely and did not think the City would incur any type of liability. 7 PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented/announced the following: 1) Thursday, August 14th, Farmer's Market, 4-7:00 p.m. being held at Main Street and Heald. 2) Thursday, August 14th, Blazin'August Nights, 3-7:OOp.m. being held at Storm Stadium, a custom car and chopper show. 3) Saturday, August 16th, August 23~d and September 6th, Music with aView - Concert in the Park, 7:30 - 9:30 p.m. at McVicker Park. 4) Sunday, August 17th NFL Fantasy Football Draft Party at the Diamond Club, 11:00 a.m. to 4:00 p.m. 5) Thursday, August 215, EWDC Luncheon from 11:30 a.m. -1:30 p.m. at the Diamond Club. 6) Saturday, August 23~d, Lake Elsinore Cruise Day -Car Show, 5:00 -8:00 p.m. on Main Street. 7) Thursday, August 28th, The State of Our City - 120th Anniversary, 5-7:00 p.m. at the Diamond Stadium, $25 per person, please RSVP by August 21 S', for more information call 674-3124, ext. 204. 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: 1) Announced school starts Wednesday, and please to watch out for the school kids. 8 Councilmember Magee commented on the following: 1) Thanked City Manager Brady, Public Works Director/City Engineer Seumalo and Public Works Manager Payne for their actions and efforts during the recent earthquake. 2) He will be representing the County Transportation Commission with Senator Feinstein's Office at a meeting to discuss the importance of transportation funding for Riverside County. 3) Recognized the passing of former Councilman Robert Vermillion. He noted one may not have always agreed with Bob, he stated he did admire his passion for our community. He stated Supervisor Buster once referred to Mr. Vermillion as an "unstoppable force," and requested the Mayor close the meeting in his honor. Councilmember Buckley commented on the following: No comments. Mayor Hickman commented on the following: No comments. Mayor Hickman adjourned the meeting at 8:32 p.m. in memory of Bob Vermillion. L HI MAN, MAYOR CITY OF LAKE ELSINORE ATTEST: ~ _ ~. ~OIVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE 9