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HomeMy WebLinkAbout01-23-2007 City Council Minutes MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 23, 2007 **************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resource Director Kilroy, City Engineer Seumalo, Information/Communications Manager Dennis and City Clerk Ray. CLOSED SESSION 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 Pledge of Allegiance was led by Information/Communications Manager Dennis. Agenda Item No,_ Page 1 of 15 Page 2 - City Council Meeting Minutes - January 23, 2007 INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY (Councilmember Buckley arrived at 7:08 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Information/Communications Manager Dennis, Chief of Police Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EV ALUTAION (Pursuant to Gov't Code 9 54957: City Clerk) B. CONFERNECE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code 9 54956.9: (2 potential cases) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8): Property: APN 370-060-050 (33751 Mission Trail) Negotiating parties: City of Lake Elsinore and County of Riverside Under negotiation: price and terms of payment Agenda Item Noo_ Page 2 of 15 Page 3 - City Council Meeting Minutes - January 23, 2007 D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code S 54956.8): Property: APNs 389-100-015; 389-100-016; 389-100-019; 389-100-024; 389-100-025 Negotiating parties: City of Lake Elsinore and David L & Margot M. Frymire; Wanda Myers & Tyra Elliott; Michael P. & Elene F. Mackey Trust; David & Elizabeth Harrold Under negotiation: price and terms of payment CLOSED SESSION REPORT 7:14:32 PM City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items "A, B, C and D" were discussed and there was no reportable action. PRESENTATION/CEREMONIALS 7:07:35 PM A. Presentation - Certificate of Appreciation - H.O.P.E. Mayor Magee called Ron Hewison forward to join him at the podium. Mayor Pro Tern Hickman read and presented the Certificate of Appreciation to Mr. Hewison. Mayor Pro-Tern Hickman commended H.O.P.E. for their work in serving the community throughout the year. Mr. Hewison thanked the City Council and commented on H.O.P.E. being a partnership within the community. He also commented on a need for volunteers. B. Business of the Year 2006 - Castle & Cooke. Mayor Magee called Tom Tomlison forward to join him at the podium. Mayor Magee commended Castle & Cooke for their contribution to our community and for their involvement in building the Boys and Girls Club. Mr. Tomlinson thanked the City Council on behalf of Castle & Cooke Chairman David H. Murdock. Agenda Item No,_ Page 3 of 15 Page 4 - City Council Meeting Minutes - January 23, 2007 C. Chamber of Commerce Update. Mayor Magee called Mr. Kim Cousins to the podium. Mr. Cousins noted that the Chamber had an outstanding year in 2006. He noted the Chamber membership has grown by over 37%. He noted that the Chamber website had also grown. Mr. Cousins commented on the Installation Dinner and Awards Ceremony being held at Pechanga on th January 27 . PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE 7:17:51 PM Ruth Atkins commented on a play being presented by a resident playwright at Elsinore High School and encouraged all to attend the production. Bill Arnold commented on his concern for the taxation in the Summerhill area and the increase in the number of homes for rent. He also noted that Section 8 was being brought into their neighborhoods by residents unable to sell their homes because of high taxes. Mark Gibbs commented on the $2.5 million property tax in Summerhill area and the increase in empty houses. Alexis Gibson commented on the $2.5 million property tax being given back to the residents of Summerhill. CONSENT CALENDAR ITEMS 7:24:41 PM MOVED BY KELLEY, SECONDED BY SCHIFFER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following minutes were approved: a. J oint City Council/Redevelopment Agency Study Session - December 12,2006. b. City Council Meeting - December 12,2006. Agenda Item No._ Page 4 of 15 Page 5 - City Council Meeting Minutes - January 23, 2007 2. Ratified Warrant List for January 16,2007. 3. Received and filed Investment Report for September 2006. 4. Received and filed Investment Report for October 2006. 5. Received and filed Investment Report for November 2006. 6. Rejected claims against the City submitted by Jose Prado, Craig Insurance Services on behalf of Juan Navarrete and Helena Stepniak. 7. Issued a 60-day notice of termination to Merchants Building Maintenance Co., termination effective March 31, 2007. Executed a Maintenance Contract agreement with Environmental Cleaning Solutions for a one (1) year term commencing April 1, 2007, and can be extended in one (1) year increments (up to three years) with City Manager approval. 8. Approved the Records Management Consulting Agreement with Gladwell Governmental Consultant Services and authorized the City Manager to execute the agreement, subject to such minor modifications and in such final form as approved by the City Attorney. PUBLIC HEARINGS 7:25:25 PM 21. Canyon Hills Estates - Final Environmental Impact Report No. 2006-02 General Plan Amendment No. 2006-04, Specific Plan No. 2006-01 and Tentative Tract Map No. 34249. Community Development Director Preisendanz commented on resident's concerns regarding public noticing. He noted that all City residents were notified by mail, newspaper advertising and notices that were posted at the project site, as well as City Hall. He noted residents expressed a concern regarding Navajo Springs Road which was a private road being used for public use. Christine Porter commented that she has received previous notices, but did not receive the last notice. She noted the project borders her property line. She also commented on her concern for the economy being able to sustain another 300 homes. Agenda Item Noo_ Page 5 of 15 Page 6 - City Council Meeting Minutes - January 23, 2007 Tracy Thompson commented on her concern regarding the traffic on Lost Road, onto Navajo Springs Road. She commented on the safety of the children in the area of the school and the park. She also inquired whether or not a new school will be built to accommodate new residents. Steve Uraine commented that he was against the use of the private road to access the development. Mr. Sebaz commented that he was against the annexation. John Flanagan commented that he was in favor of the annexation. Bridget Moore commented on the rights of the land owners. Bob Cashman commented on the Wildomar boundaries and stated that the annexation was hostile. Sheryl Aide commented on her concern for the wildlife and the small efforts of Trumark. Gary Andrea commented on current trails and access to the trails. Michael O'Neal, Chairman of the Planning Commission, commented that the Planning Commission voted 5-0 to approve the item and commended staff members for their hard work. Vicki Mata of Trumark thanked City staff for all their hard work on the project. Mayor Magee requested that staff address the questions and concerns presented. City Engineer Seumalo commented on funding mechanisms and the cooperation needed to improve the circulation of the roads. He commented on a traffic study that was done and was reviewed by the Engineering staff. Community Services Director Sapp commented on meeting with Mr. Andre and the developer to discuss the importance of the development. Agenda Item No._ Page 6 of 15 Page 7 - City Council Meeting Minutes - January 23, 2007 Community Development Director Preisendanz commented on sufficient buffering between the existing development and the proposed development. Administrative Services Director Pressey commented on the negotiation for taxes related to this annexation. Mayor Magee closed the public hearing at 8:01 p.m. Councilmember Buckley inquired that if once you are annexed into the City, you are included in the mosquito district. He inquired on what Trumark expected home sale prices would be. Vicki Mata Trumark, stated that they are expected to be priced from the mid $300 thousand to $800 thousand. Councilmember Buckley commented on the redesign of the road in case of denial. He further commented on working with the Trails Commission and the developer regarding the type of trails needed. He noted the number of homes in Canyon Hills. He commented on the dramatic changes to the City recently. Councilmember Kelley commented on Homeowners Association meetings and how Ms. Mata stated that Trumark remained in contact with the homeowners and no questions or concerns have been addressed. Aileen Taber, Trumark Attorney, commented on the difference between a private, public and county road. She stated Navajo Springs is considered to be a public road. Councilmember Buckley inquired on whether a school was being built or if the project had been abandoned. Ms. Taber stated that the school boundaries are being reconsidered. Councilmember Kelley commented that she supported the item. Mayor Pro Tern Hickman commented on his concern for the safety of the children and if it would be possible to install a stop sign. City Engineer Seumalo stated a traffic study could be done. Agenda Item No._ Page 7 of 15 Page 8 - City Council Meeting Minutes - January 23, 2007 Mayor Pro Tern Hickman commented that Rick Estes, President of the Wildomar Chamber, had agreed to work with City staff and RCTC on the road development program. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-04 CERTIFYING ENVIRONMENTAL IMP ACT REPORT NO. 2006-02. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION 2007-05 ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-06 APPROVING GENERAL PLAN AMENDMENT NO. 2006-04. MOVED BY SCHIFFNER SECONDED BY BUCKLEY TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1207. ORDINANCE NO. 1207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO. 2006-01. UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Agenda Item Noo_ Page 8 of 15 Page 9 - City Council Meeting Minutes - January 23, 2007 MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS TO ADOPT RESOLUTION 2007- 07 APPROVING TENTATIVE TRACT MAP NO. 34249 AND TO INCLUDE A TRAFFIC STUDY OF LOST ROAD AT THE EXPENSE OF THE DEVELOPER. 22. Tentative Tract Map No. 32481 Cape of Good Hope Specific Plan. 8:25:37 PM Mayor Magee opened the public hearing at 8:22 P.M. Community Development Director Preisendanz commented on the size of the lots. He stated that the Planning Commission recommended approval. Elvia Miller commented she was against the project and the traffic that it would bring to the City. She noted she was not in favor of cutting trees, she noted that it contributed to global warming. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone wishing to speak at all. Randy Zigler, applicant, stated he could not control the weather, the oak trees or global warming. Mayor Magee closed public hearing at 8:26 p.m. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-08 ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-09 APPROVING TENTATIVE TRACT MAP NO. 32481. 8:32:05 PM 23. Resolution approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No.1 as Annexation Area No. 14 (Trieste) pursuant to the Landscaping and Lighting Act of 1972. Agenda Item No._ Page 9 of 15 Page 10 - City Council Meeting Minutes - January 23, 2007 Mayor Magee opened the public hearing at 8:27 p.m. City Manager Brady commented on the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey commented on the annexation being set up to pay for the cost of electricity to maintain the street lights in the development. He stated staff and Council would review the cost which would be levied each year. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone who wished to speak at all. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-10 APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1. Mayor Magee inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. He noted that if there were any property owners who wished to file a written protest, they must file it with the City Clerk at that time. He noted that for purpose of a majority protest, only written protests were to be considered. Mayor Magee closed the public hearing at 8:30 p.m. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if a majority protest had been made. City Clerk Ray tabulated the ballots and announced that a majority protest did not exist. Agenda Item Noo_ Page 10 of 15 Page 11- City Council Meeting Minutes - January 23, 2007 THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. 8:36:02 PM 24. Approving Fee Deposit and Reimbursement Agreements, approving the formation of CFD No. 2006-09 (Trieste); to incur bonded indebtedness and calling a special election; canvassing election results; authorizing levy of special taxes. Mayor Magee opened the public hearing at 8:31 p.m. City Manager Brady commented on the item. He requested that the City Clerk announce the notice of the item. City Clerk Ray announced that the notice had been published in accordance of the Mello Roos Community Facilities Act of 1982 and proof of such publication is on file in the City Clerk's office. Administrative Services Director Pressey commented on the number of units associated with the project, and the improvements that would take place. He stated the average residential special tax was set for $2,895 which was within the 2% City guidelines. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. Bridget Moore commented on bringing more condominiums to the area and she stated that she is not in favor of this project. Mayor Magee inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. He noted that if there were any property owners who wished to file a written protest, they must file it with the City Clerk at that time. He noted that for purpose of a majority protest, only written protests were to be considered. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-11 APPROVING TWO FEE DEPOSIT AND REIMBURSEMENT AGREEMENTS. Agenda Item No._ Page 11 of 15 Page 12 - City Council Meeting Minutes - January 23, 2007 MOVED BY HICHMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-12 APPROVING THE FORMATION OF THE DISTRICT. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-13 TO INCUR BONDED INDEBTEDNESS AND CALLING A SPECIAL ELECTION. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if two-thirds of the votes cast are in favor. City Clerk Ray tabulated the ballots and announced that two-thirds of the votes cast were in favor. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-14 ORDERING CANVASSING OF THE ELECTION RESULTS. Ms. Moore commented on bringing more condominiums to the area. She stated that she is not in favor of the project. Mayor Magee inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. He noted that if there were any property owners who wished to file a written protest, they must file it with the City Clerk at that time. He noted that for purpose of a majority protest, only written protests were to be considered. MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1208. ORDINANCE NO. 1208 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAX. Agenda Item No,_ Page 12 ofl5 Page 13 - City Council Meeting Minutes - January 23, 2007 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. 2008 Appropriations Request. City Manager Brady commented on projects that Council would seek funding for from Washington in February. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE PROPOSED APPROPRIATIONS REQUESTS AND CONCUR WITH DIRECTION FROM THE FERGUSON GROUP TO REINSTITUTE THE CITY'S FISCAL YEAR 2007 CONGRESSIONAL AGENDA IN FISCAL YEAR 2008. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:46 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:47 P.M. PUBLIC COMMENTS Elvia Miller commented on trees on Grand Avenue that are coming down. She inquired if anyone knew what was happening with the trees. She commented on the global climate change and was in favor of conserving trees. Agenda Item Noo_ Page 13 of IS Page 14 - City Council Meeting Minutes - January 23, 2007 CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Noted there would be a Joint Planning Commission/City Council Study Session on February 1, 2007. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Noted that Council decided at the mid-year budget meeting to increase police officers and that funding will need to be looked at. CITY COUNCIL COMMENTS Mayor Pro Tem Hickman commented on the following: 1) Commented on the scam targeting Social Security recipients. Noted it was still going strong and senior citizens needed to be aware. 2) Noted that volunteers were needed to take a census on the homeless. Councilmember Buckley commented on the following: 1) Inquired when the Summerhill bond would be brought back to Council. City Manager Brady stated it will be brought back on February 27, 2007. Agenda Item Noo_ Page 14 of 15 Page 15 - City Council Meeting Minutes - January 23, 2007 The Regular City Council Meeting was adjourned a . E, MAYOR LSINORE RESPECTFULLY S~MHTEY: ~~ STEPHANIE CASTANEDA, CITY CLERK'S OFFICE Agenda Item Noo_ Page IS of 15