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Home My WebLink About11-11-2008 City Council MinutesMINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 11, 2008 ******************************k*****~le**************f~*****YeYt***************kk*******************+4**** CALL BACK TO ORDER (7:00 P.M.) The Regular Meeting of the city council was called to order by Mayor Hickman at 7:03 p.m. PLEDGE OF ALLEGIANCE Mayor Hickman introduced the Elsinore High School Air Force ROTC who presented the Colors and led the pledge of allegiance along with veterans from the Veterans of Foreign War INVOCATION -MOMENT OF SILENT PRAYER ~i Mayor Hickman led the meeting in silent prayer especially for all of the men and women serving in the armed forces in Afghanistan and Iraq. 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, Captain Cleary, Fire chief Hendershot, Public Works Director/City Engineer Seumalo, .Information/ Communications Manager Dennis, Director of Parks and Recreation Gonzales, Director of Lake and Aquatics Kilroy, Acting Director of Community Development Weiner, Redevelopment Project Manager McCarty and Interim City Clerk Cowley. PRESENTATIONS/CEREMONIALS (2) Chamber Update by Kim Cousins Nancy Hutsinger, First Vice-Chair of the Lake Elsinore Valley Chamber of Commerce and a realtor with Caldwell Banker Brokerage advised Council that the Chamber of Commerce will be holding an entire week of activities during the Lake Elsinore Unified School District's "Celebrate Our Schools Week" kicking off with the superintendent's Annual Report to the communit~ on Monday, November 17 at 6:00 pm at the Diamond Club. Tuesday, November 18 is the inaugural Real Estate Broker's Model Home- Apartment Manager's Tour of the School District; Wednesday, November 19~' is the second annual "Principal for a Day", Thursday, November 20~' is the fifth annual Career Expo at 9:00 am at the Storm Concourse; and Friday November 213`, is the inaugural Vendor Fair to learn how to provide products and service to the School District at 9:00 am at the Ortega Gym; Saturday, November 2nd is the Unity in the Community Parade at 10:00 am followed by an art fair. The Chamber's networking mixer will be Thursday evening, November 13~h at 5:30 pm hosted by COPS for kids at the Lake Elsinore Sheriffs Station. Please bring an unwrapped toy or new clothes to help the community during the holiday season. More information is available on the Chamber's website. Ms. Hutsinger thanked the council members who will be leaving the dais for their time and service complementing them for doing an impeccable job. (3) Presentation of a Proclamation to the Veterans of Foreign War in Honor of Veteran's Day Mayor Hickman presented a Proclamation to the veterans representing the Veterans of Foreign War in Honor of Veteran's Day (formerly known as Armistice Day). He acknowledged everyone in the audience who was a veteran. A representative of the Veteran's thanked the City Council and citizens for everything they have done to support the veterans. Mayor Hickman presented a Certificate of Recognition to the Elsinore High School Air Force ROTC students in preparation of honoring past, present and future veterans in observance of Veteran's Day in the City of Lake Elsinore. (4) Certificate of Recognition to Elsinore Valley Arts Network Mayor Hickman presented a Certificate of Recognition to members of the Elsinore Valley Arts Network for their many contributions to the community including the Music with a View Concert, the art shows and the Riverwalk Mosaic Project. President of the Elsinore Valley Arts Network thanked the City Council for the honor and thanked Mayor Pro Tem Kelley for her dream that came true. She noted this is EVAN's ten year anniversary and the concerts are the beginning. She also thanked Mayor Pro Tem Kelley for her liaison with the City Council on EVAN's behalf. She introduced Bruce McMean, Robin Golden, Ruth Atkins, Peter, Mayor Pro Tem Kelley and Gary Kelley. 2 j Mayor Hickman expressed his enjoyment of football and hockey and as a substitute teacher he noticed that whichever school won the playoffs received a "City Champs" patch to wear. He said now that there are three high schools he would like to introduce the Mayor's trophy for the winning team. At the end of the season, the name of the winning team and year will be engraved on the trophy and the school will keep it for a year. He hoped this would provide a little incentive and pride. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met as part of its regularly scheduled meeting in closed session to discuss two items both of which are real property negotiations. The first is identified as Item 1(a) on the agenda under the authority of Gov't Code §54956.8. She noted numerous properties are listed which are tax defaulted properties that are currently owned by the County. The negotiating parties are the City, the Redevelopment Agency and the County. Under negotiation is price and terms of payment. There is no reportable action on Item No. 1(a). She advised that Item 1(b) also involves real property negotiations of five parcels as listed. These are properties owned by the City and the negotiating parties are the City and the Redevelopment Agency. Under negotiation is price and terms of payment and there is no reportable action on that item. ~; 1(a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code §54956.8) Properties: APNs 375042027-4; 375042028-5; 375031023-6; 378157040-1; 363281024-3; 373082021-8; 363540003-4; 378182017-9; 378182018-0; 378182035-5; 378055055-0; 378100008-7; 378100009-8; 378100017-5; 375201020-8; 375201019-8; 375274009-5; 375274010-5; 375321029-8; 375321030-8; 375321031-9; 375321032-0; 375321033-1; 375223037-2; 375223036-1; 375293029-2; 375293030-2; 375321006-7; 375321054-0; 375321053-9; 374043014-8; 374072026-9; 373132059-7; 373132058-6; 373132053-1; 373132052-0; 373134026-3; 373134025-2; 373134024-1; 374262011-2;374262004-6 City/RDA negotiator: City Manager /Executive Director Brady Negotiating parties: Redevelopment Agency, City of Lake Elsinore, and the County of Riverside, et al. Under negotiation: Price and terms of payment 1(b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 374-072-028, 374-072-030, 374-072-032, 374-072-034, 374-072- 036 Agency Negotiator: City Manager/Executive Director Brady Negotiating parties: Lake Elsinore Redevelopment Agency and City of Lake Elsinore Under negotiation: Price and terms of payment 3 PUBLIC COMMENTS -NON-AGENDIZED Ruth Atkins addressed Council regarding the Lake Elsinore Historical Society's annual Holiday Home Tour. She advised that due to the economy this year the Holiday Home Tour is on vacation. In its place the Historical Society will be doing a project for HOPE by selling opportunity drawing tickets for $1.00 each. The proceeds will go to HOPE. The Historical Society felt this was the time to give something back to the community. The winning ticket will receive a dinner for six at Ravioli's or Chef Giuseppe will come to the winner's home and cook dinner for the winner and guests. Tickets can be purchased by contacting the Historical Society or Ms. Atkins. Barbara Alongi congratulated Councilman Magee on his re-election and quoted two commentaries on selflessness and serving others. She asked God to bless the City and watch over its residents. Chris Hyland brought to the City Council's attention a negative campaign flyer against her which was mailed to residents before the election. She advised how unhappy her family and many residents in the community were with the flyer and the false statements it contained. She advised that she intended to take action against the committee who sent out the flyers and expose the individuals involved. Ken Niemi addressed Council regarding the article in Tuesday's edition of the Press- Enterprise about the hang gliders. He thanked Councilman Magee for his kind comments about the sport. He addressed a derogatory comment made stating that they were rogues in the Sky. He refuted that comment indicating that most of the members of the Hang Gliders Club were responsible members of the community. PUBLIC COMMENTS -AGENDIZED ITEMS COUNCIL APPROVES CONSENT CALENDAR ITEMS 5 THROUGH 11 Mayor Hickman pulled item 12 from the Consent Calendar because a speaker wished to address that item. (5) Minutes of the Following Meeting(s) a) Joint City Council/Redevelopment Agency Study Session -October 14, 2008. b) Joint City Council/Redevelopment Agency Study Session- October 28, 2008 c) Regular Meeting -October 28, 2008 Recommendation: Approve as submitted. 4 (Ei) Warrant List Dated October 30.2008 Recommendation: Authorize payment of Warrant List dated October 30, 2008. (7) Claim against the Citv Recommendation: Reject the claim of Regina Thiele and direct the City Clerk's Office to send a letter informing the claimant of the decision (8) Large format Canon Printer with Scanner System Purchase Recommendation: Authorize the City Manager to approve the purchase of the Canon imagePROGRAF 720 with Colortrac Scanner System from Innovative Document Solutions, Inc. (g) Rosetta Canvon Fire Station and Park Consultant Contract -Change Order No. 2 Recommendation: 1. Approve the project Change Order No. 2. 2. Authorize the City Manger to execute the contract change order. ~i (10) Citv Council. Planning Commission and Citv Treasurer Pav Waiver Imolementation Recommendation: That the City Council receive and file this report explaining the implementation of the pay reduction. (11) Recommendation: Adopt Resolution No. 2008-94 approving an amendment to the Riverside County Transportation Commission Transportation Expenditure Plan and Retail Transaction and Use Tax Ordinance. It was moved by Mayor Pro Tem Kelley to approve Items 5 through 11 on the Consent calendar; second by Councilman Schiffner. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee, and Councilman Schiffner. NOES: None. 5 (12) Recommendation: Authorize the City Manager to discuss with various fire fighting agencies and authorities at the local, county and state levels to determine the feasibility of locating the Coulson Hawaii Mars Air Tanker on Lake Elsinore during the fire season. Pete Dawson addressed the City Council to express his support of the Council pursuing the Hawaii Mars sea plane for firefighting based in Lake Elsinore. As a long time resident of the community he has seen devastating fires coming from all directions and he knows the value of prompt response. A sea plane can be a benefit to this area by being based here. He also commented on the complaints he has heard about the amount of water used by the sea plane. He advised that the plane uses 7,200 gallons of water and can make round trips in 15 minutes. While 7,200 gallons seems to be a significant amount it is less than one minute of evaporation from this lake which is non- significant. He assured Council that he would continue to secure the anchor system and provide dockage for the sea plane, if it returns. Councilman Schiffner moved to authorize the City Manager to continue discussions with the various firefighting agencies at the county and state level to determine the feasibility of locating the Coulson Hawaii Mars Air Tanker on Lake Elsinore during the fire season; second by Councilman Magee. The motion unanimously carried by the following vote; AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee, and Councilman Schiffner. NOES: None. PUBLIC HEARING(S) (13) River Channel Recommendations: 1. Adopt Resolution No. 2008-95 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan. 2. Adopt Resolution No. 2008-96 adopting Mitigated Negative Declaration No. 2008-04 and the Mitigation Monitoring and Reporting Program appertaining thereto. 3. Adopt Resolution No. 2008-97 approving General Plan Amendment No. 2008-03. 4. Adopt Resolution No. 2008-98 approving Commercial Design Review No. 2008-07. Mayor Hickman opened the public hearing at 7:33 pm. Acting Community Development Director Weiner presented a staff report indicating this was a .request for the allowance of sight grading and development of a 50,000 square foot future automobile dealership site. This request also includes a General Plan amendment from the Floodway Designation to a General Commercial Designation consistent with the current FEMA Flood Zone Maps. The Mitigated Negative Declaration clears the site environmentally for future development as well as facilitating the movement of dirt to the adjacent property for the already approved future site of the Toyota dealership. Director Weiner referred to the City Manager's previous mention of landscaping, architecture and all of the other items tied into design will have to come back for review and approval and that is included in the Conditions of Approval. There were no public comments on this item. Councilman Buckley asked whether staff was looking at both ride-ins and ride-outs on Lakeshore. Director Weiner responded that Staff has not yet analyzed the circulation. Buckley also stated that he did not see a connection to Toyota. Weiner explained that the plan is not that specific, but the issue was brought to staff's attention and it is something that will be looked at. Buckley also confirmed with staff that the lights closest to the homes would have shadings. There being no one further wishing to comment, the public hearing was closed at 7:36 pm. Councilman Buckley moved to approve Resolution No. 2008-95 finding consistency with the Multiple Species Habitat; second by Councilman Magee. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. Councilman Buckley moved to adopt Resolution No. 2008-96 adopting Mitigated Negative Declaration No. 2008-04 and the Mitigation Monitoring and Reporting Program appertaining thereto; second by Councilman Magee. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. Councilman Buckley moved to adopt Resolution No. 2008-97 approving General Plan Amendment No. 2008-03; second by Councilman Magee. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. Councilman Buckley moved to adopt Resolution No. 2008-98 approving Commercial Design Review No. 2008-07; second by Councilman Magee. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. II 7 (1a) Recommendation: The Planning Commission recommends that the City Council adopt Resolution No. 2008-99 approving Amendment No. 1 to Residential Design Review No. 2005-28. Mayor Hickman opened the public hearing at 7:38 pm. Acting Community Development Director Weiner advised Council that this was a request from Pardee Homes to modify a previously approved design review for the Parkside Terrace Multifamily Development In Canyon Hills. The project was approved in 2007 consisting of 227 units. The changes that Pardee is proposing include modifications to exterior window designs, replacing window shutters with pot shelves and stucco surrounds an increase of on-sight landscaping, additional open space for ground floor units and some additional amenities to the tot lot and pool, increasing size. He explained that although the architecture has been modified the applicant has provided additional amenities for the site. Staff feels that the applicant has suggested acceptable alternatives without a loss of quality to the overall project and amenities for this residential development. Dave Dunham, Senior Vice President of Multifamily Development of Pardee Homes thanked staff for the work they have done on this project. He noted that Jim Stringer, Division President and Jay Skinner the Project Manager were in the audience and available to answer any questions. There being no further comments, Mayor Hickman closed the public hearing at 7:40 pm Councilman Schiffner moved to approve Resolution No. 2008-99 approving Amendment No. 1 to Residential design Review No. 2005-8; second by Mayor Pro Tem Kelley who commented on the high quality of Pardee Homes, indicating they are nicely styled and were wonderful homes for families who are downsizing.. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. APPEAL(S) No appeals scheduled. BUSINESS ITEM(Sl (15) fl 8 Recommendation: Adopt Resolution No. 2008-100 approving the Summary Vacation of a portion of Wasson Canyon Road. Director of Public Works/City Engineer Seumalo addressed Council stating this was a request for a Summary Vacation of a portion of Wasson Canyon Road. He noted the vacation is in compliance with the Landscape Specific Plan and has been found consistent with the General Plan and Circulation Element by the Planning Commission by a 5-0 vote. Staff has confirmed that effective parcels have adequate access to all public roadways and is recommending approval. After confirming that this was surrounded by MSHCP Councilman Buckley moved to adopt Resolution No. 2008-100 approving the Summary Vacation of a portion of Wasson County Road; second by Councilman Magee. The motion unanimously carried by the following vote: AYES: Mayor Hickman, Mayor Pro Tem Kelley, Councilman Buckley, Councilman Magee and Councilman Schiffner. NOES: None. PUBLIC COMMENTS -NON-AGENDIZED There were no comments. The City council recessed to the Redevelopment Agency at 7:42 pm. The City Council reconvened at 7:53 pm. CITY MANAGER COMMENTS City Manager Brady commented/announced the following: (1) On Monday, November 17~" is Dr. Passarella's Annual Report from 5:30 to 8:30 pm. at the Diamond Club, the cost is $25.00 and this is in lieu of the regular lunch. (2) Thursday, November 13~' Cops for Kids Networking event and mixer at 5:30-7:30 pm at Lake Elsinore's Sheriffs department, 323 Limited Avenue. (3) Thursday, November 13"' is the ribbon cutting for the Holiday Inn Express on Canyon Estates at 11:30 am. (4) Thursday, November 20~' is the senior's Thanksgiving Lunch at Lake Elsinore Senior Center, reservations are required. (5) Saturday, November 22"d Unity in the Community Parade beginning at 10:00 am on Graham, down Main Street to Heald. (6) Saturday, November 25`h, the Chamber softball challenge from 10:00 am to 2:00 pm at McVicker Park. City Manager Brady congratulated all of the candidates who participated in the past election and congratulated Councilman Magee for his re-election. He also ~j congratulated Councilwoman Elect Amy Bhutta and Councilwoman Elect Melissa Melendez. 9 CITY ATTORNEY COMMENTS City Attorney Leibold congratulated all of the candidates, especially Councilman Magee. She looked forward to working with Dr. Bhutta and Melissa Melendez COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS Councilman Schiffner congratulated Councilman Magee for taking on this job for another four years and also congratulated Amy Bhutta and Mrs. Melendez. He hoped they would find it to be as enjoyable as it has been for Mayor Pro Tem Kelley and him. Mayor Pro Tem Kelley offered her congratulations to Councilman Magee and to Amy Bhutta and Melissa Melendez as well. She hoped they would enjoy it as much as she has for the past t 3 years; and wished them God speed. Councilman Magee thanked the past and present veterans for their service and asked for prayers for the safe return of all our troops that are overseas. He also thanked the voters for their support and expressed his honor to be able to continue to serve the community. Councilman Buckley commented on the negative campaign flyer regarding Chris Hyland and thanked all of the candidates who ran noting it was not easy to do. He stated the decision to put in the time shows that they care about the community and he urged them to please stay involved. He specifically congratulated Councilman Magee, Amy Bhutta and Melissa Melendez indicating he is looking forward to a good four years. Mayor Hickman noted that there were about 2,000 to 3,000 kids who came downtown for Halloween. The downtown merchants gave away 20 bicycles for the best costumes. He announced the Unity in the Community parade November 22, 2008, and invited everyone to come out and enjoy all of the groups that will be there. He thanked the veterans and the ROTC for doing an excellent job. He congratulated the candidate elects and Councilman Magee on their election and he congratulated all of those that ran. t0 ADJOURNMENT There being no further business to come before the Council, Mayor Hickman adjourned the meeting at 7: 58 p.m. CK AN, MAYOR CITY OF LAKE ELSINORE ~i -= G %'- CPrROL COWLE , IP ~•••CITY OF. LAKE ELSI °°- CITY CLERK 11