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Home My WebLink About04-10-2007 City Council Minutes MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 10, 2007 **************************************************************************************************** CALL TO ORDER The Regular City Council and Special City Council Meeting were called to order by Mayor Magee at 5:00 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, Lake & Aquatic Resources Director Kilroy, Planning Manager Weiner, Public Works Director Seumalo, Administrative Services Director Pressey, Public Works Manager Payne, Information/Communications Manager Dennis, Associate Planner Coury, Interim City Clerk Soto and Administrative Specialist Porche. 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 Ruth Atkins, President of the Lake Elsinore Historical Society. 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, Lake & Aquatic Resources Director Kilroy, Planning Manager Weiner, Public Works Director Seumalo, Administrative Services Director Pressey, Public Works Manager Payne, Information/Communications Manager Dennis, Associate Planner Coury, Interim City Clerk Soto and Administrative Specialist Porche. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (Subdivision (a) of Gov't Code S 54956.9): Wildomar and Lake Elsinore Residents for Responsible Growth vs. City of Lake Elsinore (Riverside County Superior Court Case No. RIC 449594). B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code S 54956.9: (2 potential cases). C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code S 54956.8): Property: Real property in the City of Lake Elsinore, County of Riverside, State of California, described as follows: A strip of land 60 feet wide, for roadway purposes, together with easements for the construction and maintenance of slopes, walls and aprons of culverts or bridges, granted by deed and recorded May 24, 1949, in Book 1078, page 585, in the Official Records of Riverside County, California, together with all interest arising from said deed lying within Tract 30496, recorded on November 5,2004, in Map Book 367, Pages 17 through 25, inclusive, records of Riverside County, California, except that portion of said deed lying within Lot "E," said Lot "E" being dedicated for public street and utility purposes on said Tract 30496. Negotiating parties: City of Lake Elsinore and Pardee Homes Under negotiation: price and terms of payment 2 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. PRESENTATION/CEREMONIALS A. Proclamation - Lake Elsinore Storm Baseball Mayor Magee presented a proclamation to Storm Baseball General Manager Dave Oster and Storm Baseball Assistant General Manager Chris Jones. Chris Jones thanked the Council and stated he was happy to begin another season. He commented on the changes and improvements being done to the stadium. Dave Oster thanked everyone and noted the stadium's grand opening. B. LESJWA Presentation Mayor Magee called Mark Norton to the podium. Mark Norton, Lake Elsinore San Jacinto Watershed Authority, presented an overview of the accomplishments to date. He commented on the background of the LESJWA. He noted future LESJWA projects and commented on improving the wetlands and future funding. Mayor Magee thanked Mr. Norton for his presentation. PUBLIC COMMENTS - NON.AGENDIZED ITEMS - 1 MINUTE Lillian Barnes commented on the concerns for her street. She noted that she was requested by Code Enforcement to make improvements to her property. She commented on the street and driveway erosion. She noted the lack of curbs and street lights. She stated that a visit from the Council would be appreciated to view the conditions of the street. Mayor Magee directed Ms. Barnes to Public Works Director Ken Seumalo. CONSENT CALENDAR ITEMS City Attorney Leibold commented on the added agenda item that occurred after posting of the agenda. She noted that the item could be voted on when the balance of the Consent Calendar is discussed. 3 MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE ITEM NO. 6 OFF CALENDAR AND APPROVE THE BALANCE OF THE CONSENT CALENDAR INCLUDING THE ADDITIONAL ITEM OF CITY ACQUISITION OF REAL PROPERTY FROM DAVID AND MARGOT FRYMIRE, APPROVING THE AGREEMENT FOR THE PURCHASE OF AND SALE OF REAL PROPERTY, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY ANCILLARY DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING (WITHOUT LIMITATION) THE ACCEPTANCE OF THE GRANT DEED. 1. Received and Filed Investment Report - February 2007. 2. Approved Engineer's Report for Annexation No. 17 to LLMD NO.1. Adopted Resolution No. 2007-45 declaring the intention to annex La Laguna Phases 4 & 5 into LLMD NO.1. and scheduling a public hearing on the District Formation for May 8,2008. 3. Adopted Resolution of Intention No. 2007-46 to annex property from Annexation Area No. 23 into CFD No. 2003-1 and scheduling a public hearing on Annexation Area No. 23 for May 22, 2007. 4. Approved Final Map No. 30494-3, Pardee Homes and authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation. 5. Authorized the Mayor to execute the Notice of Completion for the Railroad Canyon Road Slope Repair Project and directed the City Clerk to file the Notice of Completion with the County of Riverside. 7. Authorized the City Manager to enter into contract with RGP, Inc. to prepare CEQA compliance documents for the projects known as "Elsinore Business Park" in the amount not to exceed $28,800. 8. Authorized the City Manager to enter into contract with ESA Community Development to prepare CEQA compliance documents for the project known as "Cape of Good Hope" in the amount not to exceed $101,200. 9. Authorized the City Manager to enter into contract with HDR, Inc. to prepare CEQA compliance documents for the project known as "Fairway Business Park" in the amount not to exceed $59,100. 10. Authorized the City Manager to execute an agreement with the American Red Cross, Riverside Chapter, for stocking of an emergency shelter trailer necessary for disaster relief. 4 11. Approved Road Maintenance Agreement between the City of Lake Elsinore and Riverside County and authorized the Mayor to execute the agreement. 12. Authorized the Engineer's Report to being proceedings for the annexation of parcels within the Tuscany Hills Estates into the City's Landscape and Street Lighting District No.1. ITEMS PULLED FROM THE CONSENT CALENDAR 6. Authorized the City Manager to enter into contract with Matthew Fagan Consulting Services to prepare CEQA compliance documents for the project as "Commercial Design Review No. 2006-17." MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THE ITEM OFF CALENDAR. PUBLIC HEARINGS 21. Tentative Parcel Map No. 34591 (for Condominium purposes), and Residential Desian Review No. 2006-02 for Lake Elsinore Condominiums Mayor Magee opened the public hearing at 7:25 p.m. Community Development Director Preisendanz indicated staff requested that this item be continued off calendar. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the project. He also inquired if there was anyone that wished to speak on the matter at all. Mayor Magee closed the public hearing at 7:26 p.m. MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THE ITEM OFF CALENDAR. 22. Public Hearina for consideration of obiections to the City's Weed Abatement Proqram Mayor Magee opened the public hearing at 7:27 p.m. Public Works Director Seumalo gave an overview of the program. He noted staff's recommendation. 5 Mayor Magee requested testimony from .the public. He inquired if ~her~ wa~ anyone wishing to speak in favor or against the program. He also InqUIred If there was anyone that wished to speak on the matter at all. Mayor Magee closed the public hearing at 7:28 p.m. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE WEED ABATEMENT PROGRAM. 23. Public Hearino - Resolution approvino the annexation .of territory and the lew of assessments for Lake Elsinore Landscape and Street Liohtino District No. 1 as Annexation Area No. 16 (Tract 32503) pursuant to the Landscapina and Liahtino Act of 1972 Mayor Magee opened the public hearing at 7:29 p.m. City Manager Brady commented on the item and 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 stated that the item was the 16th annexation related to the Rosetta Canyon Development. He commented on the annual cost of the lighting. He stated that the LLMD is subject to a 2% yearly increase if necessary. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the Annexation. He also inquired if there was anyone that wished to speak on the matter at all. 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 7:31 p.m. Mayor Magee directed Interim City Clerk Soto to tabulate the ballots and announce if a majority protest had been made Interim City Clerk Soto tabulated the ballots and announced that a majority protest did not exist. 6 MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007.50 APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS. BUSINESS ITEMS 31. Second Readina - Ordinance No. 1212 - Amendina 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 reaardina the Transportation Uniform Mitiaation Fee Proaram MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1212. ORDINANCE NO. 1212 AN ORDINANCE OF THE CITY OF 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: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Readina - Ordinance No. 1213 - Amendina Ordinance No. 1124 to modify the index for calculatina annual adiustments to the Development Mitiaation Fee for fundina the Western Riverside Countv Multiple Species Habitat Conservation Plan and codifvina said Ordinance as Chapter 16.85 of the Lake Elsinore Municipal Code MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER BUCKLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1213. 7 ORDINANCE NO. 1213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, 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 ORDINANCE AS CHAPTER 16.85 OF THE LAKE ELSINORE MUNICIPAL CODE. THE FOLLOWING ROLL CALL VOTE RESULTED: A YES:COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: KELLEY ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE 33. Second Readinq - Ordinance No. 1214 - Amendinq and restatina Chapter 8.52 of the Lake Elsinore Municipal code reqardina Fireworks MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT UPON SECOND 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: A YES:COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 8 34. Second Readina - Ordinance No. 1215 - Amendina and restatina Chapter 9.52 of the Lake Elsinore Municipal code reoardina oraffiti MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER TO ADOPT UPON SECOND 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 RESTATING CHAPTER 9.52 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING GRAFFITI THE FOLLOWING ROLL CALL VOTE RESULTED: A YES:COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE COUNCIL RECESSED AT 7:39 P.M. COUNCIL RECONVENED AT 7:40 P.M. PUBLIC COMMENTS NON-AGENDIZED ITEMS Chris Hyland commented on her concern with the safety of children in regards to the parking ordinance. She stated that the ordinance needed to be clarified. Mayor Magee referred Ms. Hyland to Community Development Director Preisendanz. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Upcoming community calendar events. CITY ATTORNEY COMMENTS No comments. 9 COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Mayor Pro Tem Hickman commented on the following: 1) Good job to Public Works for the Easter Egg Hunt. 2) Two new bus shelters near the Senior Center. 3) Graffiti fines. Council member Buckley commented on the following: 1) Letter from District Attorney Pacheco regarding sponsors for the Victims Rights March. Council member Kelley commented on the following: 1) Boys and Girls Club Field of Dreams event. Councilmember Schiffner commented on the following: 1) Thanked all for attending. Mayor Magee commented on the following: 1) Thanked the City's RTA representative Mayor Pro Tem Hickman. He noted the new bus stops were great. 2) 3) Thanked the Mayors Prayer Breakfast Committee for an excellent event. Announced the Trauma and Intervention Programs Golf Tournament on Friday, April 13th. City's 119th Birthday, gave a background on the City and the City's progress. 4) 10 Mayor Magee adjourned the Regular City Council Meetin ATTEST: C (' 1 ", \_~)j('h Jilt 5;uj, MICHELLE SOTO, INTERIM CITY CLERK CITY OF LAKE ELSINORE 11