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HomeMy WebLinkAbout03-27-2007 City Council Minutes MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 27, 2007 ************************************************************************************************ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:02 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Community Development Director Preisendanz, Community Services Director Sapp, Planning Manager Weiner, City Engineer Seumalo, Building and Planning Manager Chipman and Planning Intern Bitterolf, Chief of Police Fetherolf, Interim City Clerk Soto, and Administrative Specialist Dana Porche. CLOSED SESSION The Regular City Council Meeting was recessed Into Closed Session at 5:02 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.Ml PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Phil Miller of EVMWD. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. 1 ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Community Development Director Preisendanz, Community Services Director Sapp, Planning Manager Weiner, City Engineer Seumalo, Building and Planning Manager Chipman and Planning Intern Bitterolf, Chief of Police Fetherolf, Interim City Clerk Soto, and Administrative Specialist Dana Porche. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Gov't Code 9 54957): City Attorney B. CONFERENCE WITH REAL PROPERTY NEGOTIATER (Gov't Code 9 54956.8): Property: APN 389-100-025 Negotiating Parties: City of Lake Elsinore and David & Elizabeth Harrold Under Negotiation: price and terms of payment C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 9 54956.8) Property: APN 389-100-015 Negotiating parties: City of Lake Elsinore and David L. & Margot M. Frymire D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision C of Gov't Code 9 54956.9: (1 potential case) CLOSED SESSION REPORT 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. 2 PRESENTATION/CEREMONIALS A. Chamber of Commerce Update Kim Cousins commented on the Chamber of Commerce active memberships and upcoming Chamber events. He stated that the Visitors Bureau website has been launched. B. EVMWD Presentation Phil Miller of the Elsinore Valley Municipal Water District commented on new construction within the City and the public outreach in regards to the projects. Abdul Rashidi, MWH Consulting Program Manager, presented the Capital Improvement Program Office (CIPO) and gave an overview on the program. He commented on the CIPO virtual interactive website and the web address EVMWDCIPO.com. Council member Buckley clarified the web address. Phil Miller commented on all projects will display a sign with a dedicated hotline for any public concerns or questions. He stated the CIPO website will be displayed as well. Mayor Magee thanked Mr. Miller for his presentation. PUBLIC COMMENTS - NON.AGENDIZED ITEMS - 1 MINUTE Leonard Leichnitz commented on the availability of staff reports and agenda's online. Ken Neimi commented on proposal in regards to presenting a gift of to the City. He stated he spoke with City Engineer regarding the flood control project. CONSENT CALENDAR ITEMS MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE APPROVE THE CONSENT CALENDAR AND PULL ITEM #9. 1. Ratified Warrant List- March 15,2007. 2. Received and filed PUblic Safety Advisory Commission 2006 Annual Report. 3. Authorized purchase of two utility bed pickup trucks. - 4. Authorized Purchase of compact tractor loader. 3 5. Authorized Award of Contract - Street Striping and Marking Maintenance. 6. Approved and Authorized Amendment to City Manager's Employment Agreement. 7. Approved Additions to Agreement for Professional Services - STK Architecture, Inc. - Architectural and construction management services for Rosetta Canyon Fire Station, Park and Design of Community Center. a. Adopting Resolution of the City of Lake Elsinore Emergency Operation Plan. 10. Appointment of Subcommittee for Recruitment of City Clerk. MOVED BY MAYOR MAGEE SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ACCEPT STAFF RECOMMENDATION TO LIST COUNCILMEMBER KELLEY AND MAYOR PRO TEM HICKMAN AS A SUB- COMMITTEE. ITEMS PULLED FROM CONSENT CALENDAR . 9. Concur with Tree Removal - City Park Council member Kelley requested that Community Services Director Sapp provide clarification to the public regarding the tree removal. Community Services Director Sapp noted that the City received a request from the concessionaire to remove the eucalyptus trees due to safety reasons. He stated that the trees may be replaced with queen palms. Council member Kelley stated she would like staff to expedite the replacement of the trees as soon as possible. Councilmember Buckley inquired on the amount of trees that will be removed and the type of shade trees that would be used to replace the removed trees. Community Services Director Sapp stated approximately 25-30 trees would be removed. He noted the location of the trees. Mayor Pro Tern Hickman stated he would like staff to work with the Palm Tree committee in obtaining palms to replace removed trees. MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE ITEM AND DIRECT STAFF TO COME BACK WITH A PLAN TO REPLACE THE TREES AS SOON AS POSSIBLE. 4 PUBLIC HEARINGS 21. Adoption of Resolution No. 2007-37 approvinQ the City of Lake Elsinore Traffic Impact Fee Update Study and IncreasinQ Traffic Infrastructure Fees for development proiects within the city of Lake Elsinore City Manager Brady indicated staff is recommending that this item be continued to the City Council Meeting of April 24th, in order to receive more input from the Development Community. MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THIS ITEM UNTIL APRIL 24TH CITY COUNCIL MEETING. 22. An Ordinance of the City of Lake Elsinore amendinQ Sections (16.83.020. 16.83.030. 16.83.040. 16.83.050. 16.83.060 and 16.83.080) of Chapter 16.83 of the Lake Elsinore Municipal Code reQardinQ the Transportation Uniform Mitiaation Fee ProQram City Attorney Leibold commented on TUMF Ordinance clean up. She stated that the fees were adjusted several months ago. MOVED BY COUNCILMEMBER BUCKLEY SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO. 1212. ORDINANCE NO. 1212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 16.83.020, 16.83.030, 16.83.040, 16.83.050, 16.83.060, AND 16.83.080 OF CHAPTER 16.83 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM. THE FOLLOWING ROLL CALL VOTE RESULTED: NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE. NONE AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 5 23. An Ordinance of the City of Lake Elsinore amendina Ordinance No. 1124 to modify the index for calculatinQ annual adiustments to the Development Mitiqation Fee for fundinq the western riverside County Multiple Species Habitat Conservation Plan and codifyina said Ordinance as Chapter 16.85 of the Lake Elsinore Municipal Code City Attorney Leibold commented on the MSHCP Plan and related fee Ordinance. She also stated there has been some discrepancy with the index. Mayor Pro Tem Hickman commented on the construction price index changing to the consumer price index. MOVED BY COUNCILMEMBER BUCKLEY SECONDED BY COUNCILMEMBER SCHIFFNER TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO. 1213. ORDINANCE NO. 1213 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING ORDINANCE NO. 1124 TO MODIFY THE INDEX FOR CALCULATING ANNUAL ADJUSTMENTS TO THE DEVELOPMENT MITIGATION FEE FOR FUNDING THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN AND CODIFYING SAID ORDIANCE AS CHAPTER 16.85 OF THE LAKE ELSINORE MUNICIPAL CODE. THE FOLLOWING ROLL CALL VOTE RESULTED: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN SCHIFFNER, MAGEE KELLEY AYES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE APPEALS 24. Appeal of the decision of the Planninq Commission relative to the Amendment of Conditions for Residential Desiqn Review No. 2004-20. related to connection to public sewer Community Development Director Preisendanz presented an Appeal of Planning Commission's decision to approve an amendment a request to modify Condition of Approval No. 11. 6 Kim Cousins commented on his concern about the impact of this project. He said the applicant did not follow the approved path in order to save cost. He requested the Council carefully consider this project. Phil Miller, EVMWD, commented the Water District is requesting the applicant be required to hook up to the sewer. He said the consequences of installing a septic system. He commented on the memorandum of understanding between the Regional Board and the Department of Health Services in regards to permitting septic systems. Deleo Hagan commented on installing septic systems. He said that the Building Department explained the septic system permit process. He indicated that he did what he was supposed to do according to his building permits. Allan Geraci, Attorney for Delco Hagan, commented on the due process of law and fundamental fairness. He indicated that Mr. Hagan has followed all procedures and acted in good faith working with the City staff. He commented on the project inspections and Planning Commissions approval. City Attorney Leibold commented on the item being continued at the last City Council meeting. She stated that the City Council is the final determining legislative body of the City. She stated the application for the septic system did not conform to the conditions of approval. City Treasurer Weber commented on the developer being required to hook up into the sewer system and the developer responsibility to understand his requirements. Council member Buckley commented that setting this type of precedent could be disastrous. He stated the applicant knew when he submitted for the septic system, he knew he was not supposed to. Council member Schiffner commented on his regret that action may be a financial burden for developer. He stated the ordinance must be upheld. Mayor Pro Tern Hickman stated he did not think due diligence was done by the developer. Mayor Magee noted the supporters who support the construction of the sewer. MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO OVERTURN PLANNING COMMISSION MODIFICATIONS AND RESTORE CONDITIONS OF APPROVAL ON CONDITIONS OF APPROVAL NO. 11. 7 BUSINESS ITEMS 31. Commercial Desian Review No. 2006-14. a reauest to install a soil and oroundwater remediation system within a block wall enclosure at an existino service station Community Development Director Preisendanz presented the background and location of this item. He stated the system is required due to ground leaks on site. Councilmember Buckley commented on planting around the block wall to prevent graffiti. Councilmember Schiffner inquired about a trash enclosure. Councilmember Schiffner offered a substitute motion to approve as presented. Motion died for lack of a second. Community Development Director Preisendanz stated that the applicant be requested to plant around block wall and have anti-graffiti material on trash enclosures. MOVED BY COUNCILMEMBER BUCKLEY SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-38. 32. Commercial Desion Review Proiect No. 2006-16 (Diamond Professional Plaza) Community Development Director Preisendanz presented the background and location of this item. He stated that a condition of approval be added regarding burrowing owls. Matthew Fagan, representative for applicant Diamond Professional Plaza, thanked staff for their professionalism and dedication. He stated the applicant is in concurrence with the Conditions of Approval. MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-39, FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN. MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION 2007 -40 APPROVING COMMERCIAL DESIGN REVIEW 2006-16. 8 Councilmember Buckley left the dais at 8:15 p.m. 33. Consideration of Commercial Desiqn Review No. 2007-05 for the proiect known as "Cinoular Wireless Monopalm Cellular Tower Facility" Community Development Director Preisendanz commented on the monopalm cellular tower that will include live palm trees. He stated the Planning Commission recommends approval. MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS 4-0 VOTE TO ADOPT RESOLUTION NO. 2007-41 MAKING FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN. MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS 4-0 VOTE TO ADOPT RESOLUTION NO. 2007-42 APPROVING COMMERCIAL DESIGN REVIEW NO. 2007-05. Councilmember Buckley returned to the dais at 8:17 p.m. and was not present for the discussion or the vote of this item. 34. Commercial Desion Review No. 2006-07 for two new fuel dispensers and related on-site improvements for an existinq Arco (AM/PM) oas station and convenience store located at 29355 Central Avenue Community Development Director Preisendanz commented on the Planning Commission vote to Adopt MSHCP Resolution. He commented on the on-site circulation and additional landscaping. He noted that staff recommends Condition of Approval No. 74 be deleted and applicant has agreed to Condition of Approval No. 73. Craig Yamasaki complimented staff for their efforts. He indicated that he was in agreement with staff on the items applicable to the property. Council member Schiffner noted he was pleased with the station being successful and being able to expand their business. Councilmember Buckley commented on the businesses that are expanding. MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE RESOLUTION NO. 2007 -43 ADOPTING FINDINGS. OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN. 9 MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE RESOLUTION NO. 2007-44 APPROVING COMMERCIAL DESIGN REVIEW NO. 2007-07. 35. PSAC Recommendation: Amendment to Lake Elsinore Municipal Code. Chapter 8.52. reaardina fireworks City Manager Brady commented on the PSAC recommendation to review the fireworks ordinance. Councilmember Schiffner indicated he was pleased with the PSAC's work. Mayor Magee stated he was in agreement with Councilmember Schiffner's comment and that Mr. Hewison is an exceptional leader. MOVED BY COUNCILMEMBER BUCKLEY SECONDED BY COUNCILMEMBER KELLEY TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO. 1214. ORDINANCE NO. 1214 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.52 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING FIREWORKS. THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 36. Recommendation bv PSAC and amendment to Lake Elsinore Municipal Code. Chapter 9.52 reaardina araffiti City Manager Brady commented on the time PSAC spent working on the ordinance. He noted the other departments who also contributed to the ordinance. He commented on the punishment and rewards in regards to graffiti. He commented on the Public Outreach Program, Public Education and establishing a graffiti hotline program. 10 Mayor Pro Tern Hickman commented on the excellent work. He inquired on the brochure to be handed out to the schools. Mayor Magee commented on the parental responsibilities and the responsibility of the parents in the event their child is apprehended. MOVED BY MAYOR PRO TEM HICKMAN SECONDED BY COUNCILMEMBER KELLEY TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO. 1215. ORDINANCE NO. 1215 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATEING CHAPTER 9.52 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING GRAFFITI. THE FOllOWING ROll CAll VOTE RESULTED: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE. NOES: COUNCllMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCllMEMBERS: NONE 37. Premise lease - City Park Community Services Director Sapp commented on the agreement with the concessionaire. Mayor Pro Tern Hickman commented on the improvements in the common areas. MOVED BY COUNCILMEMBER KELLEY SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE "PREMISE LEASE" WITH GLORIA VASQUEZ JIMENEZ FOR CONTINUED CONCESSION OPERATION AT CITY PARK AND DIRECT THE CITY CLERK TO EXECUTE THE DOCUMENT. COUNCIL RECESSED AT 8:35 P.M. COUNCIL RECONVENED AT 8:39 P.M. 11 PUBLIC COMMENTS Susan Rebar thanked the City Council for their work in the City and read a prayer. Mayor Pro Tem Hickman inquired on the date for the next Prayer Breakfast. Ms. Rebar stated the next Prayer Breakfast is April 5th at Lakeside High School. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) The upcoming Community calendar events. 2) Acknowledged and thanked Council for their work with Staff. 3) Thanked Council and Staff for the ability to work with them. CITY ATTORNEY COMMENTS 1) Thanked Council for her years of service. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Council member Kelley commented on the following: 1) Community events during May. Councilmember Schiffner commented on the following: 1) Negotiations for stadium operations that has been going on for about 2 years is finalized. Mayor Pro Tem Hickman commented on the following: 1) The events going on at the stadium after baseball season. Councilmember Buckley commented on the following: No comments. 12 Mayor Magee commented on the following: 1) RTA will be building transportation improvements along the 91,15 and 215 Freeways over the next 10 years, local government will make a difference. 2) City Manager has support of all Councilmembers and has done a great job. Mayor Magee adjourned the Regular City Council Mee . ATTEST: lJLcl(LG SYh MICHELLE SOTO INTERIM CITY CLERK CITY OF LAKE ELSINORE 13