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HomeMy WebLinkAbout06-12-2007 City Council Minutes MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 12,2007 **************************************************************************************************** CALL TO ORDER .. 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE Also present were: City Manager Brady, Administrative Services Director Pressey, Community Services Director Sapp, Public Works Director Seumalo, Public Works Manager Payne, Building & Safety Manager Chipman, Planning Manager Weiner, Information/Communications Manager Dennis, Associate Planner Coury and Administrative Specialist Dana Porche. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATOR - (Gov't Code 9 54957.6) City negotiator: Special Counsel, Steve Filarsky Employee organization: Lake Elsinore Chapter of Laborer's International Union of North America, Local 777 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION _ Significant exposure to litigation pursuant to subdivision (b) of Gov't Code 9 54956.9: (1 potential case) The Regular City Council Meeting was recessed Into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) 1 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mitch Naggs. 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 BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE Also present were: City Manager Brady, Administrative Services Director Pressey, Community Services Director Sapp, Public Works Director Seumalo, Public Works Manager Payne, Building & Safety Manager Chipman, Planning Manager Weiner, Information/Communications Manager Dennis, Associate Planner Coury and Administrative Specialist Dana Porche. CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion item as listed above. She noted that items "A and B," were discussed and there was no reportable action. PRESENTATION/CEREMONIALS A. Proclamation - Temescal Canyon Hiqh School Varsity Baseball team Mayor Magee presented the proclamations to the baseball team. He introduced the players and coaches and read the teams statistics. The team coach thanked the Council for the Proclamation. B. Proclamation - Odyssey of the Mind Mayor Magee invited the students up to the podium and presented each of them with a proclamation. Christina South thanked the Council for the proclamation. She introduced the coaches and spoke about the Odyssey of the Mind competition. 2 C. Certificate of Achievement - Korn Scholarships Mayor Magee invited Mark Dennis to join him at the podium. Information/Communications Manager Dennis commented on the Scholarships and introduced the recipients. He presented each of the students with a certificate of achievement. D. Certificate of Appreciation - Ron Hewison (PSAC) Mayor Magee introduced Mr. Hewison. He read and presented Mr. Hewison with a Certificate of Appreciation listing his accomplishments with PSAC. He thanked him for his service. E. Certificate of Appreciation - Rav Kniqht (PSAC) Mayor Magee introduced Mr. Knight. He read and presented Mr. Knight with a Certificate of Appreciation listing his accomplishments with PSAC and thanked Mr. Knight for his service. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Donna Franson stated she wanted to remind everyone of the Lake Elsinore Citizens' 3rd Quarter yearly meeting at the Tuscany Hills Recreation Center. Chris Hyland commended the Lake Elsinore Police Officers for patrolling the streets of Lake Elsinore and giving tickets to the speeding vehicles. Ruth Atkins commented on the article in the Californian regarding a fund for speakers. She stated the money should go toward the local Elsinore Valley Arts Network who put on the free concerts in the park. She also stated the glow from the street lights on Lakeshore was beautiful. CONSENT CALENDAR ITEMS IT WAS MOVED BY COUNCILMEMBER KELLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR. 1. Ratified Warrant List - May 15, 2007 2. Ratified Warrant List - May 31,2007 3. Received and filed Investment Report - April 2007. 3 4. Adopted Resolution No. 2007-84 setting the City's 2007-08 Appropriations Limit for FlY 2007-08 at $55,166,616. 5. Approved Change Order No. 4 for the Interim Improvements located at 1- 15/Railroad Canyon Road Interchange for $22,170. Authorized the City Manager to execute Change Order NO.4 with R.J. Noble Company. 6. Authorized the Mayor to sign Notice of Completion for "Antique" Street Lights Located along Lakeshore Drive between Chaney and Manning Streets and directed the City Clerk to file the Notice of Completion with the County of Riverside Recorder. 7. Authorized staff to purchase a boom mower for the amount of $27, 960 from Powerland Equipment Inc. 8. Approve additional funds in the amount of $450,000 for the contracts with Harris & Associates. Authorize city staff to process purchase orders in the amount of $450,000.00 for the contract. 9. Adopt Resolution No. 2007-85 approving the Engineer's Report for the Citywide Landscaping and Lighting Maintenance District and the Landscaping and Street Lighting Maintenance District. Adopt Resolution No. 2007-86 Declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the Citywide LLMD and setting a public hearing for July 10, 2007. Adopt Resolution No. 2007-87 approving Engineer's Report for the LLMD No.1. Adopt Resolution No. 2007-88 declaring its intention to provide for an Annual Levy and Collection of Assessments in the LLMD NO.1 and setting a public hearing for July 10, 2007. 10. Authorize an Exception to Bid Procedures under LEMC Sec. 3.08.070 (F) to bypass the bid process for purchases greater than fifteen thousand dollars and award the bid to Elegant Alumawood Covers, in the amount of $17,800.00. 11. Authorize the City Manager to extend the service agreement with Excel Landscape Inc. until December 31,2007. 12. Mayor and City Council concurred with the City Manager's approval (as indicated in the approved Purchase Orders) for exception to bid procedures for the Lake Community Center and directed staff to initiate the improvements to the Lake Community Center. 13. Approved the Amendment to Professional Services Agreement and authorized the City Manager to execute the same. 14. Authorized the City Manager to enter into contract with HDR, Inc. to prepare CEQA Compliance Documents for the project known as "Shoppes at Central Crossroads" project in an amount not to exceed $39,700. 4 PUBLIC HEARINGS 21. Resolution approvinq the Annexation of Territory and the Levy of Assessments for Lake Elsinore Landscape and Street Liqhtinq District No. 1 as Annexation Area No. 18 (TR 17413-4) pursuant to the Landscapinq and Liqhtinq Act of 1972 City Manager Brady commented on the item. He 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 commented on the item. He stated that the item was the 18th annexation into LLMD NO.1. He commented on the voting ballot process. Mayor Magee opened the public hearing at 7:38 p.m. 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 protests were to be considered. There being none, Mayor Magee closed public hearing at 7:42 p.m. Mayor Magee directed the City Clerk to tabulate the ballots and announce if a majority protest had been made. Office Specialist Porche tabulated the ballots and announced that a majority protest did not exist. Mayor Magee inquired on the number of ballots were cast that were not in favor of the increase. Office Specialist Porche noted there were 17 ballots that were in favor of the increase. 5 IT WAS MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A 4-0 VOTE, WITH COUNCILMAN BUCKLEY ABSENT, TO ADOPT RESOLUTION NO. 2007-89 APPROVING THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LLMD NO.1 AS ANNEXATION AREA NO. 18. 22. General Fund and LLMD Operatina Budaet for Fiscal Year (FY) 2007-08 Administrative Services Director Pressey gave an overview of the budget. He stated the budget was balanced and allowed the City to maintain a reserve for future contingencies. He stated that public safety was the number one priority. Council member Schiffner commended Staff for a putting together a budget the City is proud of. Council member Buckley commented on the community promotion budget. He stated that the speaker concept would bring more people downtown for dinner or shopping. He motioned that this be added to the budget. Motion died for lack of a second. Council member Kelley stated she was excited about the budget because of the added police budget. She stated public safety was a priority and the budget reflected that. She commented on the monies for additional community services. Mayor Pro Tern Hickman commended Staff on the budget. He stated he requested the Staff look into Blackberrys for the team. Mayor Magee recognized the work of City Manager Brady, Administrative Services Director Pressey and all Department Heads and thanked them for their hard work. He commented on the balanced budget. IT WAS MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY COUNCILMEMBER KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-90 ADOPTING THE PROPOSED GENERAL FUND AND LLMD OPERATING BUDGET FOR THE FISCAL YEARS 2007-08. 23. Tentative Parcel Map No. 34591 (for condominium purposes), and Residential Desian Review No. 2006-02 for Lake Elsinore Condominiums Planning Manager Weiner gave a brief overview of the item. IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-91 ADOPTING THE FINDINGS OF CONSISTENCY WITH THE MULTI SPECIES HABITAT CONSERVATION PLAN (MSHCP). 6 IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-92 APPROVING TENTATIVE PARCEL MAP NO. 34591. IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-93 APPROVING RESIDENTIAL DESIGN REVIEW NO. 2006-02 WITH AN ADDITIONAL CONDITION OF IVY OR OTHER LANDSCAPE WALL COVERING ON THE RIVERSIDE DRIVE BLOCK WALL. BUSINESS ITEMS 31. Second Readinq - Ordinance No. 1223 IT WAS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILEMBER BUCKLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1223 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 COMMUNTIY 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: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 7 32. Ordinance statinq the status of Redevelopment Aqency eminent domain authority pursuant to Senate Bill 53 - The Lake Elsinore Redevelopment Aqency does not have eminent domain authority City Attorney Leibold requested that action on the item be deferred and to hear the item concurrently with the Redevelopment Agency action in joint session. Mayor Magee agreed to hear the item in the Redevelopment Agency portion of the calendar. IT WAS MOVED BY MAYOR PRO TEM HICKMAN, SECONDED BY COUNCILMEMBER BUCKLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY ORDINANCE NO. 1225 ORDINANCE NO.1225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESCRIBING THE REDEVELOPMENT AGENCY'S PROGRAM REGARDING EMINENT DOMAIN PURSUANT TO CALIFORNIA HEALTH & SAFETY CODE SECTION 33342.7 THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 33. Zoninq Ordinance Text Amendment No. 2007-02 related to the minimum on-site landscape coveraae percentaae requirements within commercial and industrial zones IT WAS MOVED BY COUNCILMEMBER SCHIFFNER, SECONDED BY MAYOR PRO TEM HICKMAN TO CONDUCT THE FIRST READING OF ORDINANCE NO. 1224 BY TITLE ONLY. 8 ORDINANCE NO.1224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING SECTIONS 17.40.080 C., 17.44.070 C., 17.48.080 C., 17.52.090 C., 17.54.090 C., 17.56.100 C., AND 17.60.100 C. OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING MINIMUM ON-SITE LANDSCAPING REQUIREMENTS IN COMMERCIAL AND INDUSTRIAL DISTRICTS. THE FOLLOWING ROLL CALL VOTE RESULTED: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 34. Consideration of Commercial Desiqn Review No. 2007-01 for the proiect known as 'Wachovia Bank BuildinQ" Planning Manager Weiner presented an overview of the item. IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-94 MAKING FINDINGS OF CONSISTENCY WITH THE MULTIPLE-SPECIES HABITAT CONSERVATION PLAN. IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2007-95 APPROVING COMMERCIAL DESIGN REVIEW NO. 2007-01 35. Chanqe to a Condition of Approval for Desiqn Review No. R2004-04 - Fairfield Apartments Public Works Director Seumalo gave a brief overview of this item. He stated Fairfield had requested Staff recommend to the Council to allow the 352 units be occupied prior to the signal operation. He stated in support of this request, a traffic study was submitted to Staff for review. He stated Staff was 9 recommending approval. Ed McCoy, Fairfield Residential, thanked Staff for their work. He stated he concurs with Staff recommendation on conditions. He commented on the existing businesses in the neighborhood. He stated new residents would be signing a document acknowledging the fact that there are existing businesses that may mean dust or glare. He stated the existing tenants would be notified as well. He commented on the additional apartment homes. Council member Schiffner commented on his approval of the change in the percentage. Councilmember Buckley commented on the lease agreement. He inquired about the current tenants not willing to sign the document. Mr. McCoy stated he did not expect that to be a problem. Council member Buckley commented on the percentage of occupancy. He inquired how long they have been working with CalTrans. Mr. McCoy stated that the street light was the responsibility of the master developer. He stated the plans were being processed. He noted the plans have been approved by the City and Cal Trans. He stated Cal Trans was reviewing the as built plans and should take six weeks, then Cal Trans can approve the traffic signal plans. He indicated the equipment could not be ordered until plans were approved by Cal Trans. Council member Buckley commented on the responsibility of Centex. He inquired if Centex had made any request through staff. Public Works Director Seumalo responded the City has had no contact with Centex. He stated he would contact the Centex staff. Mr. McCoy indicated an executed agreement between Fairfield and Centex was provided to the City. Mayor Pro Tern Hickman commented on the concern for the traffic signal light. He noted he was willing to go the 80% as long as the traffic light will go up as soon as possible. Mr. McCoy gave his word that the signal would go up as soon as possible. Councilmember Kelley concurred with Staff's recommendation. 10 Mayor Magee stated he supported Staffs recommendation. He stated the facility was beautiful. He commented he was disappointed that they did not comply with the Conditions of Approval. He stated he would like the word "noise" added to "dust." IT WAS MOVED BY COUNCILMEMBER BUCKLEY, SECONDED BY MAYOR PRO TEM HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO APPROVE A CHANGED TO THE ORIGINAL CONDITIONS OF APPROVAL NO.8 OF R2004-04, REQUIRING THE TRAFFIC SIGNAL BE OPERATIONAL PRIOR TO 50% OCCUPANCY TO ALLOW 80% OCCUPANCY PRIOR TO COMPLETION OF THE TRAFFIC SIGNAL IMPROVEMENT WITH THE ADDITIONAL CONDITION THAT WORK ON THE TRAFFIC LIGHT SHALL COMMENCE IMMEDIATELY UPON CAL TRANS AND COUNTY APPROVAL. COUNCIL RECESSED AT 8:38 P.M. COUNCIL RECONVENED AT 8:40 P.M. PUBLIC COMMENTS Virginia Ruffino expressed her concerns with the City's Code Enforcement Officers. She indicated that they were very rude to her. She requested the City give her some space. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1 ) Congratulated the RDA and City Attorney for their hard work. 2) Thanked the City Staff for the new lights along Lakeshore. 3) The bowling alley is now open. 4) Requested that Staff watch the spending budget. 5) Thanked Community Services Director Sapp for his work. CITY ATTORNEY COMMENTS 1) Thanked City Manager for kind words. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. 11 CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Congratulated staff on their work with regard to the budget. 2) Congratulated 2007 graduates. Councilmember Schiffner commented on the following: 1) Extended his appreciation to the staff. 2) He toured the new bowling alley and it was beautiful. Mayor Pro Tern Hickman commented on the following: 1) Best Western Hotel was now open. 2) Memorial Day Service was great. 3) Kudos to the Storm Team. Council member Buckley commented on the following: 1) Thanked Staff all for their hard work. Mayor Magee commented on the following: 1) Thanked Staff all for their hard work. Mayor Magee adjourned the Regular City Council Mee~50 p.~. ROBERT E. MAGEE, CITY OF LAKE ELSI ATTEST: ~_/U;JJljf ~ MICHELLE SOTO INTERIM CITY CLERK 12