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HomeMy WebLinkAbout02-27-2007 City Council Minutes MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 27,2007 **************************************************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:19 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Planning Manager Weiner, Information/Communications Manager Dennis, City Engineer Seumalo, Public Works Manager Payne, Lieutenant Russ Wilson, City Treasurer Weber and Interim City Clerk Soto. CLOSED SESSION The regular City Council meeting was recessed into closed session at 5:19 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Information/Communications Manager Dennis. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. 1 ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: COUNCILMEMBER BUCKLEY (Returned at 7:08 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Information/Communications Manager Dennis, City Treasurer Weber and Interim City Clerk Soto. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code S 54957): City Manager B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code S 54956.8): Property: APNs 375-350-012, -016, -017, -030, -031, -035, -036, -057 Negotiating parties: City of Lake Elsinore and Margaret Small, First American Trust, Symantha Pham and Glenda Patton Under negotiation: price and terms of payment C. 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 City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items "A, B, and C," were discussed and there was no reportable action. PRESENT A TION/CEREMONIALS A. Proclamation - RT A Mayor Magee presented a Proclamation to Mayor Pro Tem Hickman. 2 Mayor Pro Tern Hickman accepted the proclamation and stated that it has been a pleasure to serve as the liaison to the RT A and explained the services provided by RT A. B. Proclamation - Eaqle Scout Steven Anthonv Mayor Magee presented a Proclamation to Mr. Anthony. Mr. Anthony accepted the proclamation and thanked all who assisted him with his project. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Barbara Brockman, Lake Elsinore Citizens Committee, extended an invitation to everyone to the first quarterly meeting of 2007, at the Tuscany Hills Recreation Center on March 1,2007, at 7:00 p.m. Bill Arnold thanked council for CFD 98-1 debt service reduction. Leilani Purcell, Friends of the Library, indicated they received a $15,000 grant from Verizon in order to purchase wireless computers for their new computer lab. CONSENT CALENDAR ITEMS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO PULL ITEM NOS. 5 AND 10 AND APPROVED THE BALANCE OF THE CONSENT CALENDAR, WITH MAGEE VOTING NO ON ITEM NO.3 1. The following minutes were approved: a. Joint City Council/Redevelopment Agency/Public Finance Authority Study Session - January 9,2007 b. Special Council Meeting - January 9, 2007 c. City Council Meeting - January 9, 2007 2. Ratified Warrant List - February 15, 2007 3. Approved First Amendment to the Concession Agreement and authorized the Mayor to execute the document, subject to BCP entering into a Management Agreement with Destination R.V. and any minor modifications as may be approved by the City Attorney. 3 4. Approved the Assignment and Assumption Agreement and authorized the Mayor to execute the document, subject to BCP entering into a Management Agreement with Destination R.V. and any minor modifications as may be approved by the City Attorney. Approved the Estoppel Certificate and authorized the Mayor to execute the document, subject to BCP entering into a Management Agreement with Destination R.V. and any minor modifications as may be approved by the City Attorney. Approved the Non-Disturbance Agreement and authorized the Mayor to execute the document, subject to any minor modifications as may be approved by the City Attorney. 5. Approved the Agreement for the purchase and sale of real property. Authorized the City Manager to execute any ancillary documents necessary to implement the terms and conditions of the Agreements, including (without limitation) the acceptance of the Grand Deed. 6. Authorized the City Manager to enter into Faithful Performance Agreements with Bonds/Certificates of Deposit for development projects in the City. 7. Approved the purchase of 4,000 pounds of hybrid striped bass and exception to bid procedure for sole source vendor. 8. Granted an exception to the bid process and approved the purchase of a Boston Whaler patrol boat for use as a law enforcement vessel on the waters of Lake Elsinore. 9. Approved Final Map No. 32337-2 and directed the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 32337 -2. 10. Authorized the City Manager to execute a purchase order for the purchase of the ACOM Secure Laser Check Printing Solution. ITEMS PULLED FROM THE CONSENT CALENDAR 5. Request for participation Council member Buckley requested this item be continued to the next meeting. Community Services Director Sapp stated that the LEUSD was asking for a partner to submit a grant for conceptual approval. 4 Mayor Pro Tern Hickman stated that Mayor Magee requested that the same be done for Lakeland Village Middle School. MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY COUNCILMEMBERKELLEY AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THE ITEM TO THE MARCH 13,2007 CITY COUNCIL MEETING. 10. Verizon Internet Service Provider Aqreement Council member Buckley inquired whether or not Verizon was broadcasting the City Council meetings on a local channel as promised. He stated that breach of contract by Verizon will need to be added to the agenda. MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THE ITEM. PUBLIC HEARINGS 21. Request for approval of a Resolution of Necessitv and authorization to commence eminent domain proceedinqs to acquire Real Property necessary for the improvement of Nichols Road Mayor Magee opened the Public Hearing at 7:22 p.m. City Attorney Leibold commented on the Nichols Road Alignment project and the acquisitions of the properties needed in the realignment. She stated the City had successfully negotiated for the acquisition. She stated the resolution was a necessary step towards the commencement of eminent domain. David Frymire, owner of a property on Nichols Road, said the property was purchased in May 2006 and at that time, they were provided with maps. He said there were no maps showing a proposed configuration and those maps and dates of approval were requested but never provided. He said he had received an unacceptable offer letter from Castle & Cooke for his property. He said he mailed a letter to the Council and received no response. He said he did not receive a notice on when the actual realignment would occur and at it had affected the value of his property. He indicated that he should have been notified in writing. He indicated that in his letter, he asked if the Council was considering eminent domain, which was addressed to each Councilmember dated August 8, 2006. Mr. Frymire read his letter to Council. - David Varner, Real Estate Consultant, said he assisted Mr. Frymire with the purchase of the property. He said there were many representations prior to the purchase with no mention of realignment. He said the item was a benefit and cost savings for Castle & Cooke. He said the City has been of no assistance and 5 has not offered or provided any information to the Frymire family. Mayor Magee inquired if there were any other requests to speak in favor or opposition of this matter. There being none, Mayor Magee closed public hearing at 7:34 p.m. City Attorney Leibold stated that she replied to Mr. Frymire's letter and she would provide a copy of her response. She stated that the City has tried to negotiate in good faith and offered full fair market value and that was rejected. She noted a counter offer was provided. She stated that any promised information will be provided right away. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-23 AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS FOR THE FRYMIRE LOT. BUSINESS ITEMS 31. Second Readina - Ordinance No. 1209 - Amendina applicable chapters' of the Lake Elsinore Municipal Code bv modifvina Chapter 17.48 to allow 'card rooms' as a conditional use. subiect to a Conditional Use Permit MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1209. ORDINANCE NO. 1209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING APPLICABLE CHAPTERS OF THE LAKE ELSINORE MUNICIPAL CODE (LEMC) BY MODIFING CHAPTER 17.48 (C-2, GENERAL COMMERCIAL DISTRICT) TO ALLOW 'CARD ROOMS' AS A CONDITIONAL USE, SUBJECT TO A CONDITIONAL USE PERMIT. THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: BUCKLEY,HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE NONE 6 ABSTAIN: COUNCILMEMBERS: NONE 32. Second readina - Ordinance No. 1210 - Approvina Zone chanae No. 2006-10 to re-zone the properties located at 20930, 20970 and 21000 Malaaa Road from Neiqhborhood Commercial to General Commercial MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1210. ORDINANCE NO. 1210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANE NO. 2006-10 TO RE-ZONE THE PROPERTIES LOCATED AT 20930, 20970 AND 21000 MALAGA ROAD FROM (C-1) NEIGHBORHOOD COMMERCIAL TO (C-2) GENERAL COMMERCIAL THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN KELLEY, SCHIFFNER, MAGEE NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Second readina - Ordinance No. 1211 - Amendina Section 2.08.030 of the Lake Elsinore Municipal Code codifvinq Redevelopment Aaencv Board Member compensation MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1211. ORDINANCE NO. 1211 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 2.08.030 OF THE LAKE ELSINORE MUNICIPAL CODE CODIFYING REDEVELOPMENT AGENCY BOARD MEMBER COMPENSATION 7 THE FOLLOWING ROLL CALL VOTE RESULTED: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN KELLEY, SCHIFFNER, MAGEE NONE AYES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Communitv Facilities District No. 98-1 (Summerhill Public Improvements) - Debt Service Reduction Administrative Services Director Pressey presented the debt reduction plan, he stated that the settlements had come forward to reduce debt service on an annual basis for the remaining life of the bonds. Eric Shelbourne, commented that as a homeowner in the Summerhill area, he appreciated the debt reduction and thanked the Council. Councilmember Buckley stated this was a group effort along with the people of Summerhill. Mayor ProTem Hickman indicated he is happy to decrease taxes. MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN, CARRIED BY A UNANIMOUS VOTE TO APPROVE THE DEBT SERVICE REDUCTION. 35. Sub-Committee recommendations for Public Safetv Advisory Commission appointment Councilmember Kelley stated that she was on the subcommittee along with Council member Hickman and was very impressed with the quality and number of applicants. She recommended one applicant Dr. Shawn Bhutta for appointment, with a recommended back up for the next appointment. Dr. Shawn Bhutta introduced himself to the Council and said he is a teacher at Elsinore High School. Mayor Pro Tern Hickman stated that Dr. Bhutta was involved with setting up the anti-graffiti project in the High School. 8 Mayor Magee stated the other recommended name will be held by the City Clerk along with the application and meeting minutes from the previous two meetings, to be considered for the next appointment. MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN, CARRIED BY A UNANIMOUS VOTE TO APPROVE APPLICANT APPOINTMENT TO THE PUBLIC SAFETY ADVISORY COMMISSION. 36. Resolution authorizinQ the refundinQ of bonds for Community Facilities District No. 90-2 (Tuscanv Hills Public Improvements) Administrative Services Director Pressey reported on the bond issue and noted the significant savings to each household. Mayor Pro Tem Hickman stated he resides in Tuscany Hills and is very pleased with the reduction. MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER CARRIED BY A UNIANIMOUS VOTE TO ADOPT RESOLUTION 2007-24, APPROVAL OF THE REFUNDING OF THE 1999 BONDS AND THE ISSUANCE OF THE BONDS BY THE DISTRICT. 37. Approval of sub-lease with County of Riverside for animal Shelter Construction Community Services Director Sapp presented the Animal Shelter Project and noted the cities involved and the cost for the shelter. Christine Anderson, President of Animals Friends of the Valley, presented an overview of the Shelter project, its amenities, costs and fund raising events. Jimmy Flores stated he supported the project. Cynthia Page encouraged the Council to be in support of this project. Cindy Gelback read a letter, on behalf of veterinarian, Dr. Anderson and Animal Rescue Company. She stated too many animals were being euthanized due to lack of space and inadequate facilities. Sharon Bernson read a letter, from a veterinarian regarding euthanasia procedures. She also urged the Council to support this project. Lowanna Maxwell encouraged Council to support this project. Mary Craton, Mayor of Canyon Lake, she said Canyon Lake is 100% behind this project. 9 Madeline Barnett indicated she has the documents from 1987, the founding year of Lake Elsinore Animal Friends. She said in unity there is strength, and the community must ban together to help the animals. She also encouraged the Council to vote yes on this project. Phil Williams representing EVMWD, commented that the community is in need of this facility. He commented on previous animal services within the city. He stated he was in support of this project. Phil Pauley, District Director for Congressman Issa and a honorary board member of Animal Friends, encouraged Council to support the shelter. Carole Lewis indicated she was in favor of the shelter and encouraged the Council to vote in favor of this project. Councilmember Buckley commented on the need for a new, better and less expensive shelter. He stated the cost is fair for the amount of animals in the City's rural area. Council member Kelley expressed her dismay with the portrayal of the Council's waffling in the newspaper. She indicated the greatest concern of the City was a financial one. Administrative Services Director Pressey indicated that the City can afford this project. Council member Kelley commented on doing this project cheaper and is financially more feasible to go with the JPA. She commented on educating the public on the high cost of not caring for their animals. She also suggested adding to the amount of field hours. Mayor Pro Tern Hickman stated an increase in service hours may be feasible. He stated fund raisers can help with the extra cost. Council member Schiffner commented on the high percentage of animals compared to neighboring cities He stated not being able to obligate the citizens of Lake Elsinore to pay for the next 30 years for this project. He stated not being in support of this project. Mayor Magee commented that there is a responsibility to care for animals and does not want to repeat the misguided vision of the past. 10 MOVED BY MAYOR MAGEE, SECONDED BY COUNCILMEMBER BUCKLEY CARRIED BY A VOTE OF 4-0-1, COUNCILMEMBER SCHIFFNER ABSTAINED. COUNCIL RECESSED AT 9:00 P.M. COUNCIL RECONVENED AT 9:06 P.M. PUBLIC COMMENT No comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) On the upcoming community calendar events. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Community events during May. 2) Congratulated Friends of the Library on their grant. Councilmember Schiffner commented on the following: No comments. Mayor Pro Tern Hickman commented on the following: 1) Thanked Community Services Director Sapp for replacing trees in Lake Point Park. 11 Council member Buckley commented on the following: 1) Stated he was pleased with decision made on the animal shelter. Mayor Magee commented on the following: 1) Proposition 1 B Bond funds for transportation. 2) The newspapers failure to report good items. 3) Closed meeting in honor of those serving our nation. The Regular City Council Meeting was adjourned at g. ATTEST: (\ 1 ~ ltJ ritlG 8J, MICHELLE SOTO INTERIM CITY CLERK 12