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Home My WebLink About05-08-2007 City Council Minutes MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 8,2007 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. Mayor Magee called to order the Regular City Council Meeting at 5:00 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: COUNCILMEMBER BUCKLEY Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Planning Manager Weiner, Building & Safety Manager Chipman, Information/Communications Manager Dennis, Planning Intern Bitterolf, Chief of Police Fetherolf, Interim City Clerk Soto and Administrative Specialist Dana Porche. CLOSED SESSION City Attorney Liebold indicated the following items were to be discussed during Closed Session: A. CONFERENCE WITH LEGAL COUNCEL - EXISTING LITIGATION - (Subdivision (a) of Gov't Code 9 54956.9) Elsinore Valley Municipal Water District vs. City of Lake Elsinore, John O'Doherty et al (Riverside County Superior Court Case No. RIC 31267). B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (Subdivision (a) of Gov't Code 9 54956.9) Elsinore Christian Center et al vs. City of Lake Elsinore (Appeal No. 04-55320; D.C. No. CV-01-04842-SVW). 1 C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 9 54956.8): Property: APN 347-350-002 along the proposed Elsinore Hills Road adjacent to Tentative Tract Map No. 31593. Negotiating parties: City of Lake Elsinore and property owner Randi Fjaeran Under negotiation: price and terms of payment D. CONFERENCE WITH REAL PEROPERTY NEGOTIATOR (Gov't Code 9 54956.8): Property: APNs 375-350-012, -016, -017, -030, -031, -035, -036, -057 Negotiating parties: City of Lake Elsinore and Margaret Small, First America Trust, Symantha Pham, Glenda Patton and Michael Bloeber Under negotiation: price and terms of payment E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 9 54956.8): Property: APN's 374-271-003, -004, -007, -013, -015 Negotiating parties: City of Lake Elsinore and The Shopoff Group Under negotiation: price and terms of payment The 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 Dr. Vick Knight. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: COUNCILMEMBER BUCKLEY Also present were: City Manager Brady, City Attorney Leibold, City Treasurer Weber, Administrative Services Director Pressey, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, Community Services Director Sapp, City Engineer Seumalo, Information/Communications Manager Dennis, Public 2 Works Manager Payne, Planning Intern Bitterolf, Chief of Police Fetherolf, Interim City Clerk Soto and Administrative Specialist Dana Porche. CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items "A, B, C, D, and E" were discussed and there was no reportable action. PRESENTATION/CEREMONIALS A. Presentation - Assemblvman Jeffries Leqislative update Mayor Magee invited the Chairman of the Murrieta Planning Commission Randon Lane up to the podium. Mr. Lane apologized for Assemblyman Jeffries not being able to attend. He noted the progress of the legislative bills. He commented on the AB291 bill regarding Highway 74 in Lake Elsinore and that it has been put in the suspense file because it is over $150 thousand dollars. He stated that he sees no problem with it moving forward. He commented on the AB1485 bill concerning military spouse tax exemption. B. Proclamation - Mental Health Month Mayor Magee presented a proclamation to Gloria Hernandez in recognition of Mental Health Month. Gloria Hernandez stated this is Mental Health Awareness Month and there will be Open Houses at all the clinics. She commented on the amount of clients served in the Riverside County. C. Presentation -Implementation of Shoreline Safety Plan Mayor Magee invited Lake & Aquatic Resources Director Kilroy to the podium. Mr. Kilroy introduced the shoreline safety measures. He noted that Thomas Griffiths an expert in the field of aquatic safety evaluated the lake and made recommendations in 2005. He reviewed the recommendations that have been made. He commented on the recommendations that were implemented into the Shoreline Safety Plan. He indicated the signs that have been installed along the public Shoreline. 3 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Pete Dawson of LEMSAR, stated he is appealing to the Council to open the Public Safety Advisory Committee to include a Lake oriented person or LEMSAR member. CONSENT CALENDAR ITEMS MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSENT TO APPROVE THE CONSENT CALENDAR. 1. Ratified Warrant List - April 13, 2007. 2. Construction Contract Change Order No. 1 for "City Park" restaurant/restroom building. 3. Professional Services Proposal Approval 4. Award of Bid - Park Trash Enclosures. 5. Award of Bid - Stadium Heat Pumps. 6. Award of Bid - City Park Fencing 7. Exception to bid procedures. 8. Maintenance Agreement between the City of Lake Elsinore and Belcaro Home Owners Association. PUBLIC HEARINGS 21. Resolution approvina the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Liqhtinq District No. 1 as Annexation Area No. 17 (La Laquna. Phases 4 & 5) pursuant to the Landscapinq and Liqhtinq Act of 1972 Mayor Magee opened the public hearing at 7:20 P.M. Mayor Magee indicated Staff requested this item be continued until May 22, 2007. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSENT TO CONTINUE THIS ITEM UNTIL MAY 22,2007, CITY COUNCIL MEETING. 4 22. Tentative Tract Map No. 34837 (for condominium purposes) and Residential Desion Review No. 2~06-18 for Lakeshore Villaoe Town homes Community Development Director Preisendanz presented an overview of the proposed project. He noted the location of the project and how many units were included. He noted the revisions to conditions that staff is recommending. Albert Smith, owner of property on Lakeshore Drive, commented on the access points of the project. Council member Schiffner inquired if Mr. Smith is proposing an easement across his property. Mr. Smith stated that an emergency gate be installed. Mayor Pro Tern Hickman inquired when Mr. Smith plans on developing this property. Mr. Smith indicated that he would like to find a developer to develop the property. Mayor Pro Tem Hickman noted he would not want to make access points open up to Mr. Smith's property. Councilmember Kelley expressed her concerns that the Planning Commission conditioned the developer to put in a wrought iron access gates. Mr. Smith stated that he wants access points for emergency purposes only. Council member Schiffner stated that he cannot grant access. Mayor Magee inquired if the current design without the wrought iron gates meets the Fire Department guidelines. Community Development Director Preisendanz confirmed that it does meet the Fire Department guidelines. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2007 -68 ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2007-69 APPROVING TENTATIVE TRACT MAP NO. 34837. 5 MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2007-70 APPROVING RESIDENTIAL DESIGN REVIEW NO. 2006-18 INCLUDING MODIFICATIONS TO CONDITIONS NO. 34 & NO. 36. BUSINESS ITEMS 31. Second Readino - Ordinance No. 1216 - Amendino Section 16.83.040 of the Lake Elsinore Municipal Code reoardino the Transportation Uniform Mitiaation Fee Prooram MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER KELLEY TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO. 1216. ORDINANCE NO. 1216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 16.83.040 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE BUCKLEY ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE 32. Second Readino - Ordinance No. 1217 - Actino as the leoislative body of the City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) authorizino the levv of a special tax within Annexation Area No. 22 (Tract 32503) annexed to said district MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO. 1217 6 ORDINANCE NO. 1217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISTLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 222 (TRACT 32503) ANNEXED TO SAID DISTRICT THE FOllOWING ROll CAll VOTE RESULTED: AYES: COUNCllMEMBERS: NOES: COUNCILMEMBERS: HICKMAN, KELLEY. SCHIFFNER, MAGEE NONE ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY NONE 33. Second Readina - Ordinance No. 1218 - Actina as the leaislative body of the City of Lake Elsinore Community Facilities District No. 2004-3 (Rosetta Canyon), authorizina the levy of a special tax MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO. 1218 . ORDINANCE NO. 1218 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 1 (TRACT 32503) ANNEXED TO SAID DISTRICT UPON THE FOllOWING ROll CAll VOTE RESULTED: AYES: COUNCllMEMBERS: NOES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE ABSENT: COUNCILMEMBERS: BUCKLEY 7 ABSTAIN: COUNCILMEMBERS: NONE 34. Second Readinq - Ordinance No. 1219 - Actinq as the leqislative body of the City of Lake Elsinore Community Facilities District No. 2004-3 (Rosetta Canyon). authorizinq the levy of a special tax MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER KELLEY TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO. 1219 ORDINANCE NO. 1219 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYON), AUTHORIZING THELEVY OF A SPECIAL TAX THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE 35. Second Readinq - Ordinance No. 1220 - Addinq Chapter 17.18 of the Lake Elsinore Municipal Code reqardinq the R-M-R: Rural Mountainous Residential District and adoption of a Neqative Declaration therefore MOVED BY COUNCILMEMBER SCHIFFNER SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO. 1220 ORDINANCE NO. 1220 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.18 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDIN THE R-M-R RURAL MOUNTAINOUS RESIDENTIAL DISTRICT AND ADOPTION OF A NEGATIVE DECLARATION THEREFORE 8 THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE 36. Second Readinq - Ordinance No. 1221 - Approvinq Amendment No. 2 to the Canyon Hills Specific Plan MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT SECOND READING BY TITLE ONLY ORDINANCE NO. 1221 ORDINANCE NO. 1221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE CANYON HILLS SPECIFIC PLAN THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE 37. Commercial Desiqn Review No. 2007 -03 Rosetta Canyon Fire Station. Community Center and Park Community Development Director Preisendanz presented an overview of the project. He noted this project would consist of three phases. He noted the Planning Commission recommends approval Linda Cooley, a Rosetta Canyon resident, commented that the amount of basketball courts in the area are inadequate and would like to have additional ones added. 9 Community Services Director Sapp stated that the Earl Warren Elementary School project will include two full basketball courts and four half courts, that will be lighted and accessible to all residents. MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSENT TO APPROVE COMMERCIAL DESIGN REVIEW NO. 2007-03 FOR THE ROSETTA CANYON FIRE STATION, COMMUNITY CENTER AND PARK. 38. Residential Desiqn Review No. 2006-11 (Corman Leiqh) Community Development Director Preisendanz commented the applicant approved recommendation of design review and Planning Commission recommends approval. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2007-71 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO.2007 -72 APPROVING RESIDENTIAL DESIGN REVIEW NO. 2006-11. 39. Amendment to Lake Elsinore Municipal Code. Chapter 5.18 reqardinq Masseurs. Masseuses and Massaqe Parlors Chief of Police Fetherolf commented on the increase in the number of applications for this type of business. He stated that a number of these business have acted inappropriately. He stated that along with the City Attorney he has drafted an Ordinance revision. City Attorney Leibold commented on the definition of "massage establishment" to the zoning code. She also stated the recommended hours of operation. Mayor Pro Tem Hickman inquired about the revision giving the police more teeth in correcting the problem. Chief of Police Fetheroff replied that this will prevent illegal practices from going on in the business and will specify the qualifications and criteria that must be met by the employees as well as the owners of the establishment, so that it is a reputable business. 10 Mayor Pro T em Hickman commented on regulating the number of establishments according to the population within the City. Chief of Police Fetherolf stated that if the business is a legitimate business there is nothing to regulate. MOVED BY COUNCILMEMBER KELLEY SECONDED BY COUNCILMEMBER SCHIFFNER TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO. 1222 ORDINANCE NO. 1222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.18 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING MASSEURS, MASSEUSES AND MASSAGE PARLORS THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: HICKMAN, KELLEY. SCHIFFNER, MAGEE NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE COUNCIL RECESSED AT 7:59 P.M. COUNCIL RECONVENED AT 8:00 P.M. PUBLIC COMMENTS Chris Hyland commented on the City going to Valley Center for auto parts. She commented on the amount of money being spent and suggested using an auto parts store in the City. Dr. Vick Knight commented on the Masonic Lodge being unable to sell their property because of zoning regulation. He would like the Council to help change the zoning back to C1 so it may be sold. 11 CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) 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) Requested changing the budget Study Session on 5/24 to another date. Mayor Magee suggested moving it to Tuesday May 29th. The Council agreed to change the meeting to Tuesday May 29th at 5:00 p.m. Councilmember Schiffner commented on the following: 1) Thanked Planning staff for work with Dr. Knight. Mayor Pro Tern Hickman commented on the following: 1) Tom Buckley is at a Vector Control Meeting in Washington. 2) Congratulations to Jose for the Journalism award. 3) Congratulations to the Elks scholarships winners. Councilmember Buckley commented on the following: No comments. Mayor Magee commented on the following: 1) Asked City Manager to meet with Dr. Knight regarding the zoning problem. 12 ATTEST: 1':& J 'L th j' ' ,', , XI- ~, /t./ (', {I" (/ Ul' "' MICHELLE SOTO, INTERIM CITY CLERK CITY OF LAKE ELSINORE 13