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HomeMy WebLinkAbout05-22-2007 City Council Minutes MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 22,2007 **************************************************************************************************** CALL TO ORDER - 5:00 P.m. The Regular City Council Meeting was called to order by Mayor Magee at 7:01 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE ABSENT: COUNCILMEMBERS: Also present were: City Manager Brady, Administrative Services Director Pressey, City Treasurer Weber, Community Development Director Preisendanz, Lake and Aquatic Resources Director Kilroy, Community Services Director Sapp, Public Works Manager Payne, Planning Manager Weiner, Building & Safety Manager Chipman, Information/Communications Manager Dennis, Traffic Engineer Basubus, Associate Planner Donahoe, Assistant Planner Carlson, Interim City Clerk Soto and Administrative Specialist Dana 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 Mayor Magee. 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, 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 Works Manager Payne, Planning Intern Bitterolf, Chief of Police Fetherolf, Interim City Clerk Soto and Administrative Specialist Dana Porche. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (c) of Gov't Code ~ 54956.9: (1 potential case) CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion item as listed above. She noted that item "A," was discussed and there was no reportable action. PRESENTATION/CEREMONIALS A. Proclamation - EaQle Scout Matthew Jansen Mayor Magee presented a Proclamation to Eagle Scout Matthew Jansen. Matthew thanked his troop and Scout Master. He also thanked the City Council for the Proclamation. B. Presentation to Student Valets Councilmember Kelley invited the student valets to the podium. She commented and gave a background on student valet services. She presented the certificates to each student. C. Proclamation - National Public Work's Week Mayor Magee presented a proclamation to Public Works Manager Payne in recognition of National Public Works Week. 2 Public Works Manager Payne thanked Mayor Magee, Council and Staff for the Proclamation. D. Presentation - District Attornev Pacheco District Attorney Rod Pacheco thanked the Council for their assistance with gangs in Riverside County. He commented on the documented number of gangs in the County. He described what a documented gang member is and listed the gangs in this area. Councilmember Buckley inquired about what percentage of gang members lead to violent crimes. District Attorney Pacheco stated that about 60% of violent crimes are committed by about 7% of the population. He noted that gang members were responsible for most of the violent crimes in the county. Council member Buckley inquired about the percentage of "homegrown" gangs within Lake Elsinore. District Attorney Pacheco noted that the percentage was about 50/50. He commented on international gangs. Councilmember Kelley inquired on the advice that can be given to residents about gang activity. District Attorney Pacheco commented that residents continue to be aware of gang activity and dedicated to a resolution. Councilmember Kelley inquired what kind of programs are out there for gang members. District Attorney Pacheco responded the way to suppress gang activity is by working with the kids, keeping them in school and keeping them on the right track. E. Chamber of Commerce Update Ruth Atkins commented on events on the Chamber of Commerce calendar. PUBLIC COMMENTS - NON.AGENDIZED ITEMS - 1 MINUTE Donna Franson, lake Elsinore Citizen Committee commented on the quarterly meeting and the key speakers. 3 CONSENT CALENDAR ITEMS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR. 1. Minutes a. Joint City Council/Redevelopment Agency Study Session - January 23, 2007 b. City Council Meeting - January 23, 2007 2. Ratified Warrant List - April 30, 2007 3. Investment Report - March 31,2007 4. Resolution initiating proceedings and approving the Engineer's Report for the annexation of certain territory known as Makenna Court into the City of Lake Elsinore Landscape and Street Lighting District No. 1 as LLMD Annexation No. 19. 5. Resolution of Intention to form Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) and to authorize the levy of a special tax. 6. TIF Fee Credit Agreement for transportation improvements constructed in connection with Centex Homes Ramsgate Development. PUBLIC HEARINGS 21. Resolution approvino the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Liohtino District No. 1 as Annexation Area No. 17 (La Laouna. Phases 4 & 5) Mayor Magee opened the public hearing at 7:38 P.M. City Manager Brady reported on the item. He requested that the City Attorney announce notice of the item. City Attorney Leibold announced 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 1 ih annexation to LLMD No.1. He noted this district has two zones. He stated the number of street lights and the annual cost of each zone. 4 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. 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 protest were to be considered. Mayor Magee closed the public hearing at 7:41 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. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-76 APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1. 22. Resolution determininq the validity of prior proceedings relatinq to annexation of property into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement. Fire. and Paramedic Services); call a special election. canvas election results; authorizinq levy of special taxes for CFD No. 2003-1 Annexation Area No. 23 (La Laquna Phases 4 & 5) Mayor Magee opened the public hearing at 7:43 p.m. City Manager Brady commented on the item. He requested that the City Attorney announce 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 item. 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. 5 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 protest were to be considered. Mayor Magee closed the public hearing at 7:45 p.m. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-77 DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS. MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-78 CALLING A SPECIAL ELECTION. MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-79 ORDERING CANVASSING OF ELECTION RESULTS. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN TO ADOPT FIRST READING BY TITLE ONLY ORDINANCE NO. 1222 ORDINANCE NO.1223 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. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 23 (LA LAGUNA PHASES 4 & 5) ANNEXED TO SAID DISTRICT THE FOllOWING ROll CAll VOTE RESULTED: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER MAGEE NOES: COUNCllMEMBERS: NONE ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE 6 / 23. Adoption of Resolution No. 2007-80 approvinQ the City of Lake Elsinore Traffic Impact Fee Update and increasina Traffic Impact Fees for Development Proiects within the Citv of Lake Elsinore City Manager Brady noted it was a closed modification increase based on consumer price index. He stated that fees were last updated in 2005. Mayor Magee opened the public hearing at 7:49 p.m. Ken Sholtz, Fairway Commercial Park, said there was a discount in the TIF fee. He commented that the discount puts a heavy increase on commercial development and would like Council to take it in to consideration. Mayor Pro Tem Hickman requested that this item be continued off calendar. Council member Buckley requested an explanation of the discount. City Manager Brady stated that all non-residential development was reduced by 30% when first proposed. Council member Buckley suggested a two year phase in plan. He questioned a cut off point for each project. City Manager Brady stated the effective date is July 1st. Permits pulled prior to that date would have the existing rate. He motioned to approve the two year phase in of non-residential. The motion died due to lack of a second. Mayor Magee directed staff to look at Class A office building exemptions. Councilmember Kelley requested a comparison. MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A 4-1 VOTE WITH BUCKLEY ABSTAINING TO CONTINUE THE ITEM OFF CALENDAR. 24. Zonina Ordinance Text Amendment No. 2007-02; a request to amend portions of the Lake Elsinore Municipal Code related to the modification of the minimum on- site landscape coveraae percentaae requirements within commercial and industrial zones Community Development Director Preisendanz stated the Council approved a text amendment in Nov. 2006. He stated that a number of developers were not aware of the amendment so they did not outreach. He stated that Staff prepared 7 a revised proposal to the Planning Commission to reduce the commercial development landscape and industrial landscape requirements. He stated the Planning Commission voted 3-2 to recommend the Council deny the request. Damian Porreca indicated he is developing a parcel and intend to build an industrial park. He stated that the development has been planned and waiting for environmental documents. He stated the increase would cause a hardship and prohibit development. He requested that the Council overturn the Planning Commission's decision. Byron Bishop, Advanced Investments Development, indicated they are currently developing projects within the City. He noted that he has dropped two other projects in the City because they are not economically feasible. He commented that he perceives this as a downturn. Rod Oshita, Fairway Commercial Partners, commented on his project. He thanked City Manager Brady and Planning Department for their outreach. He asked Council to consider amending the Landscape Ordinance back to 12%. Norman Brody indicted he has owned industrial real estate here for many years. He stated that anything beyond 12% is a burden. Mike Quirck, Elsinore West Business Park, expressed his concerns for the means to get to 20%. He commented on doing a phase in or going to 12% and increase to the difference later. Larry Slonim, indicated he is currently working with a developer and trying to comply with the high percentage of landscaping is very difficult. He noted that 15% would be much more appropriate. Mayor Magee closed the public hearing at 8:08 p.m. Councilmember Schiffner stated that based upon the testimony the has been heard and the facts that have been given, he would like to over rule the Planning Commission's decision and establish a 15% landscaping requirement on commercial and a 12% on industrial. Mayor Pro Tem Hickman expressed his concerns with the fee. Councilmember Kelley commented on being mindful of the economy. She stated she is in support of the compromise. Council member Buckley noted he was in support of the reduction. Council member Kelley noted that Staff include language on page 3 and should be italicized. 8 Community Development Director Preisendanz indicated that it already exists. Mayor Pro Tem Hickman stated that he would like staff to work with the developers. . Mayor Magee noted the Council was pleased with the 20% initially. He commended staff for their outreach to the development community. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN CARRIED BY A UNANIMOUS VOTE TO DENY THE PROPOSED TEXT AMENDMENT. 25. Extension of time for Tentative Tract Map No. 32077 Community Development Director Preisendanz stated this item was a request for an extension of time. He stated that because of this several conditions have been modified. Mayor Magee expressed this concern with the lack of executive housing opportunities in the community. He expressed his disappointment with staff removing gates from the community. Mayor Magee noted that Council member Buckley is absent from the discussion and vote. MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A 4-0 VOTE WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2007-81 APPROVING A ONE YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 32077. BUSINESS ITEMS 31. Second Readinq - Ordinance No. 1222 - Amendinq and restatinq Chapter 5.18 of the Lake Elsinore Municipal Code reqardinq Masseurs. Masseuses and Massaqe Parlors MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER KELLEY TO ADOPT SECOND 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. 9 THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE 32. CR&R - Annual consumer price index increase City Manager Brady presented the staff report. He also noted the monthly increase. MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE CPI INCREASE AND APPLICATION OF NEW RATES FOR REFUSE PICK-UP, RECYCLING AND DISPOSAL TO TAKE EFFECT ON JULY 1, 2007. 33. Citv Park Plantinq Plan Community Services Director Sapp gave an overview of the Plan. He stated the plan will be completed by June 1st. Council member Kelley stated she appreciated the plan and the fast timeline. Councilmember Buckley commented on the dimensions. Community Services Director Sapp stated that cutting down the trees will add more light and other growth will improve. He indicated more trees can be planted if Council desires. Councilmember Buckley moved to approve with additional trees in a portion of the picnic area. Motion died due to lack of a second. Mayor Pro Tern Hickman suggested that Mr. Sapp use his own discretion. Councilmember Schiffner inquired how the plan was determined. 10 Community Services Director Sapp stated the plan came from the landscape architect. MOVED BY MAYOR MAGEE, SECONDED BY COUNCILMEMBER BUCKLEY TO APPROVE THE PLANTING PLAN, TIME LINE AND FUNDING RECOMMENDATION FOR THE CITY PARK TREE REMOVAL AND REPLANTING PROJECT. 34. Commercial Desiqn Review No. 2006-05 Community Development Director Preisendanz presented an overview of the item. He stated that the Planning Commission unanimously recommended approval. Councilmember Buckley commented on the Oct./Nov. opening of the golf course. Mayor Magee stated that the golf course and sports building needed to be operational prior to release of the certificate of occupancy for the first residential structure. Council member Buckley expressed his concern with long term damage if the course is played on too soon. Community Development Director Preisendanz stated there was a landscape architect. MOVED BY COUNCILMEMBER KELLEY, SECONDED BY COUNCILMEMBER SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007 -82 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 UNANIMOUS VOTE TO ADOPT RESOLUTION NOL 2007-83 APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-05 COUNCIL RECESSED AT 8:38 P.M. COUNCIL RECONVENED AT 8:40 P.M. PUBLIC COMMENTS 11 CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) The upcoming Community calendar events. 2) He introduced Jerry Hendershot as new Battalion Chief. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: No comments. Councilmember Schiffner commented on the following: No comments. Mayor Pro Tern Hickman commented on the following: 1) Memorial Day Service at the City Cemetery 10:00 a.m. Council member Buckley commented on the following: 1) The new logo branding on the City. Mayor Magee commented on the following: 1) A letter from the City Manager of Temecula for a volunteer to help conduct a study for a Regional Medical Facility. Mayor Pro Tem Hickman volunteered. 12 Mayor Magee adjourned the Regular City Council Me ATTEST: u(,1 It &J .: " Q i Jt . f I I ... ~) MICHELLE SOTO, INTERIM CITY CLERK CITY OF LAKE ELSINORE 13