Loading...
HomeMy WebLinkAbout08-28-2007 City Council Minutes MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDA V, AUGUST 28, 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: MA VOR MAGEE MA VOR 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, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Community Development Director Preisendanz, Parks & Recreation Director Gonzales and Interim City Clerk Soto. CLOSED SESSION The following items were to be discussed during Closed Session: A. Public Employment - Gov't Code S 54957 Title: City Clerk B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Gov't Code S 54956.9: (1 potential case) It was moved and seconded to recess to Closed Session at 5:01 p.m. AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE 1 ABSENT: COUNCILMEMBER BUCKLEY ABSTAIN: NONE RECONVENE IN PUBLIC SESSION -7:00 P.M PLEDGE OF ALLEGIANCE Mayor Magee led the audience in the Pledge of Allegiance. 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, City Attorney Leibold, City Treasurer Weber, Administrative Services Director Pressey, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Community Development Director Preisendanz, Parks & Recreation Director Gonzales, Chief of Police Fetherolf, Fire Chief Hendershot and Interim City Clerk Soto. CLOSED SESSION REPORT City Attorney Leibold stated the City Council met in Closed Session to discuss two items. She noted the first item was Item "A", Public Employment under the authority of Government Code Section 54957 to discuss the employment of a new City Clerk. She noted there was no reportable action. She noted the second item was Item "B", Conference with Legal Counsel concerning one case of anticipated litigation under the authority of Government Code Section 54956.9 Subdivision "B". She noted there was no reportable action. PRESENTATION/CEREMONIALS A 1. Retirement Presentation - Gary Hoffarth Mayor Magee called Gary Hoffarth forward to join him at the podium. 2 Mayor Magee noted that after 19 years of service, Mr. Hoffarth was retiring. He gave background on Mr. Hoffarth and his previous employment history. Gary Hoffarth thanked everyone for their support. A. Proclamation - California Arts Dav Mayor Magee called Barbara Cady forward to join him at the podium. Mayor Magee read and presented the California Arts Day Proclamation to Ms. Cady. Barbara Cady, Elsinore Valley Arts Network, thanked the City Council for the recognition. She introduced several members of the Elsinore Valley Arts Network. She announced upcoming events the Elsinore Valley Arts Network would be hosting. B. Presentation - Planet Youth Mayor Magee called Delina Moreno of Planet Youth forward to the podium. Mary Jo Rameriz, Director of Planet Youth, noted their location and indicated they did a lot of community service projects. She introduced Youth Leaders at Planet Youth. She noted they worked with "at risk" kids. Delina Moreno, Planet Youth, presented a DVD of what occured at Planet Youth. Ms. Rameriz introduced members of her staff in the audience. C. Chamber of Commerce Update Mayor Magee called Rick Wrigler forward to the podium. Rick Wrigler, Director of the Chamber of Commerce, congratulated Mayor Magee on his outstanding State of the City Address. He encouraged residents to go to the Civic Center study session on September 20th. He noted the number of visitors to the Chamber's website and that they were pleased with the response to the website. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Edward Kotkin noted he represented Ibarra's Market. He indicated the owners of the market supported the Civic Center. He stated Ibarra's Market looked forward to expanding in the future and working with the City. 3 Chris Hyland, Lake Elsinore resident, commented on signs being placed in landscaping and lighting area around her track. She indicated she had researched City documents dating back to 1988 and could not find any documentation giving developers the right to put signs around her track. She noted these signs should not be placed on the landscaping surrounding her track. It was moved by Mayor Magee, seconded by Mayor Pro Tem Hickman to add Item No. 40 to the Business Items section of the agenda which would name Councilmember Buckley as the City's lead delegate at the California League of Cities Presentation. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCIL APPROVED CONSENT CALENDAR ITEM NOS. 1 THROUGH 7 The following items were listed on the Consent Calendar for Council approval: 1. Warrant List - AUQust 15. 2007 Recommendation: Ratify. 2. Claims aQainst the City Recommendation: Reject claims for Verizon CMR Claims T.P.A. (CL# 2007-8) and Lake Elsinore West Marina & RV Park (CL# 2007-3) 3. Status of the General Plan Update and Environmental Impact Report for the Citv of Lake Elsinore Recommendation: None. 4. Authorization for the City ManaQer to enter into contract with Templeton PlanninQ Group to prepare CEQA compliance documents for the residential development proiect known as "Classic Pacific Courtyard Estates" 4 Recommendation: Authorize the City Manger to enter into a contract with Templeton Planning Group to prepare the CEQA compliance documents for the Classic Pacific Courtyard Estates project in an amount not to exceed $74,250. 5. Adopt Resolution of Intention to establish Communitv Facilities District No. 2007- 4 (Makenna Court) and Resolution of Intention to incur bonded indebtedness Recommendation: Waive further reading and adopt Resolution of Intention No. 2007-156 to establish Community Facilities District No. 2007-4 (Makenna Court) and calling a Public Hearing for October 9, 2007. Waiver further reading and adopt Resolution of Intention No. 2007-157 to incur bonded indebtedness with proposed CFD No. 2007-4 (Makenna Court). 6. Approve Professional Services Aqreement with Harris & Associates for assessment enqineerinq and special tax consultinq services Recommendation: Approve the Professional Services Agreement with Harris & Associates and authorize the Mayor to execute the agreement in such final form as approved by the City Attorney. 7. Notice of Completion for "Citv Park" restaurant/restroom buildinq Recommendation: Authorize the Mayor to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion for recordation. It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to approve Consent Calendar Item Nos. 1 through 7. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 5 PUBLIC HEARINGS 21. Resolution determininq the validity of prior proceedinqs relatinq to annexation of property into City of Lake Elsinore Community Facilities District No. 2006-1 (Summerly) Mayor Magee opened the public hearing at 7:28 p.m. City Manager Brady introduced the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold announced notice had been published in accordance with the Mello-Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey noted the item was a change to CFD 2006-1. He indicated the developer had requested a change in boundary for Improvement Area Nos. 1 and 2, specific to Parcel 8 of Tract Map No. 31920-1. 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 the public hearing at 7:27 p.m. It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tern Hickman to waive further reading and adopt Resolution No. 2007 -158 determining the validity of prior proceedings. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE 6 ABSTAIN: NONE It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt Resolution No. 2007-159 calling a special election. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE Mayor Magee directed the City Clerk to tabulate the ballots and announce if two- thirds of the votes cast were in favor of levying the services special tax and special tax. Interim City Clerk Soto announced that two-thirds of the votes cast were in favor. It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt Resolution No. 2007-160 ordering canvassing of the election results. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 7 BUSINESS ITEMS 31. Second readinQ - Ordinance No. 1228 - approvinQ RamsQate Specific Plan No. 89-1. sixth revision (SPA6) It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt Ordinance 1228. ORDINANCE NO. 1228 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RAMSGATE SPECIFIC PLAN NO. 89-1 SIXTH REVISION (SPA6) The following roll call vote resulted: AYES: MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: MAYOR MAGEE ABSENT: NONE ABSTAIN: NONE 32. Second readinQ - Ordinance No. 1229 - approvinQ Pre-Annexation Zone ChanQe No. 2007-1 It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt Ordinance 1229. ORDINANCE NO. 1229 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE- ANNEXATION ZONE CHANGE NO. 2007-01 8 The following roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 33. Second readinq - Ordinance No. 1230 - addinq Chapter 5.46 to the Lake Elsinore Municipal Code reqardinq the licensure of Tobacco Retailers It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt Ordinance 1230. ORDINANCE NO. 1230 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 5.46 TO THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE LICENSURE OF TOBACCO RETAILERS The following roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 34. Response to 2006-07 Grand JUry Report: Elsinore Vallev Cemetery flood control City Manager Brady gave background on the flooding matter. He indicated the item was in response to the Grand Jury report. 9 City Manager Brady indicated staff had inspected and looked into the situation. He stated the City did not have the ability to improve the flood area due to jurisdiction. He noted the City had initiated meetings with other entities to get the issues resolved. It was moved by Councilmember Buckley, seconded by Mayor Pro Tem Hickman to approve the draft response to the Grand Jury Report. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 35. Consideration of Commercial Desiqn Review No. 2006-10 for the proiect known as "Lake Elsinore RV Resort" Community Development Director Preisendanz noted the applicant was requesting to remodel an existing facility. He commented on the amenities the resort would include. Councilmember Kelley commended the applicant on the facilities and amenities. She noted she was disappointed with the design of the building. She indicated she would like to add a Condition of Approval, prior to the issuance of the building permit, for the applicant to submit new elevation plans to the City Council within 60 days. She stated she only wanted to bring the best to the community. Councilmember Buckley inquired on the number of trees being cut down due to construction and the number of trees that would be put back up in their place. Fred Rice, lake Elsinore RV Resort, responded 200 trees would have to be removed. He indicated an estimated 1,400 new trees would be planted. He noted they would be putting a minimum of two trees per camp site. Councilmember Buckley inquired on the timeline for the project. Mr. Rice responded as soon as they had their approval, they would be able to pull their lenders together and submit their final plans for building permits. He 10 indicated they anticipated to start breaking ground in the next 90 days. It was moved by Councilmember Buckley, seconded by Mayor Pro Tem Hickman to waive further reading and adopt Resolution No. 2007-161 making Findings of Consistency with the Multiple Species Habitat Conservation Plan. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE Mayor Pro Tem Hickman commented he was excited about the project and he would like to see the project move forward. Mayor Magee indicated the developer was contractually obligated to complete the project by April 15, 2009. It was moved by Councilmember Kelley, seconded by Mayor Pro Tem Hickman to waive further reading and adopt Resolution No. 2007 -162 approving Commercial Design Review No. 2006-10 to include minor revisions to the design changes. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 11 36. Commercial Desiqn Review No. 2007-11 for a proposed "shell" retail buildinq and fast food restaurant with a drive-thru located at 29541 Central Avenue Community Development Director Preisendanz presented the staff report. He noted the project's location. He stated the Planning Commission unanimously recommended approval. Councilmember Buckley left the dais at 7:57 p.m. It was moved by Councilmember Schiffner, seconded by Councilmember Kelley to waive further reading and adopt Resolution No. 2006-163 adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: COUNCILMEMBER BUCKLEY ABSTAIN: NONE It was moved by Councilmember Schiffner, seconded by Councilmember Kelley to waive further reading and adopt Resolution No. 2007-164 approving Commercial Design Review No. 2007-11. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: COUNCILMEMBER BUCKLEY ABSTAIN: NONE 37. Extension of time for Tentative Parcel Map No. 32674 for condominium purposes (Riverlake Villas) 12 Community Development Director Preisendanz stated Tentative Parcel Map No. 32674 was approved by the City Council on August 9, 2005. He noted an extension of time was requested by the applicant for a period of 36 months or until August 9, 2010. He indicated two Conditions of Approval had been added due to the extension of time request. It was moved by Councilmember Schiffner, seconded by Mayor Pro Tem Hickman to waive further reading and adopt Resolution No. 2007-165 approving the request for an extension of time for Tentative Parcel Map No. 32674 for condominium purposes for 36 months or until August 9, 2010, as allowed by the LEMC based on the findings, exhibits and the revised Conditions of Approval. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: COUNCILMEMBER BUCKLEY ABSTAIN: NONE Councilmember Buckley returned to the dais at 8:01 p.m. 38. Infrastructure and Facilities Reimbursement Aqreement City Manager Brady stated Toyota had agreed to purchase a 10-acre site that was currently vacant and located across from the existing Ford dealership on Auto Center Drive. He noted it was Toyota's intent to build a state-of-the-art dealership. He commented on the Sales Tax Sharing Agreement. He indicated Toyota had proposed to be operating by 2010. Kim Cousins, Chamber of Commerce President, stated he was in support of the Toyota dealership. He noted Toyota was among one of the top auto dealers. He commented Toyota would be a positive addition to the auto mall. Will Nicholas, Toyota Auto Sales, indicated Toyota was interested in establishing a facility in the area. He indicated that in order to make a return on their investment, Toyota was in need of a sales tax sharing agreement for six years. He commented on the unique benefits Toyota would bring to the City. He pointed out the new dealership would generate between 100-150 jobs. 13 It was moved by Councilmember Schiffner, seconded by Councilmember Kelley to approve the proposed Infrastructure and Facilities Reimbursement Program with Toyota and direct staff to prepare an agreement for consideration by the City Council in September of 2007. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 39. City Clerk Emplovment Aqreement City Manager Brady presented the staff report. He noted the City Council made an offer to Vivian Munson. Mayor Magee called Vivian Munson to the podium. Vivian Munson introduced herself. She commented how excited she was and how she looked forward to working with the City Manager and City staff. It was moved by Councilmember Buckley, seconded Councilmember Kelley to approve the City Clerk Employment Agreement and authorize the mayor to execute the agreement. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 14 40. California Leaque of Cities - lead votinq deleqate David Wilman, California League of Cities, asked the City Council to take a formal position opposing Senate Bill 375. He noted SB375 was opposed by the League and local governments throughout the state. He requested a letter to be prepared by the Mayor stating Council's position. City Attorney Leibold indicated the City Council could not take action. It was moved by Councilmember Hickman, seconded by Mayor Magee to add Councilmember Buckley as the lead voting delegate for the California League of Cities. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCIL RECESSED AT 8:22 P.M. COUNCIL RECONVENED AT 8:25 P.M. PUBLIC COMMENTS There were no comments from the public. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Noted upcoming events. 2) Welcomed newly appointed City Clerk Vivian Munson and Parks & Recreation Director Ray Gonzales. 15 CITY ATTORNEY COMMENTS 1) Welcomed newly appointed City Clerk Vivian Munson and Parks & Recreation Director Ray Gonzales. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Welcomed newly appointed City Clerk Vivian Munson and Parks & Recreation Director Ray Gonzales. 2) Congratulated Gary Hoffarth on his retirement. 3) Welcomed Toyota to the City. Councilmember Schiffner commented on the following: 1) Welcomed newly appointed City Clerk Vivian Munson and Parks & Recreation Director Ray Gonzales. 2) Welcomed Toyota to the City. Mayor Pro Tem Hickman commented on the following: 1) Noted the Graffiti Ordinance was working. He indicated the individual who vandalized the bowling alley was caught and would be serving 37 days in juvenile hall. 2) Welcomed newly appointed City Clerk Vivian Munson and Parks & Recreation Director Ray Gonzales. 3) Welcomed Toyota to the City. Councilmember Buckley commented on the following: 1) Welcomed newly appointed City Clerk Vivian Munson and Parks & Recreation Director Ray Gonzales. 16 2) Thanked Interim City Clerk Michelle Soto and Office Specialist Jessica Guzman for executing the responsibilities of the City Clerk's office while recruiting for a City Clerk. He indicated they had done a great job. 3) Asked for a Resolution of Support, which would be mailed to LAFCO, for the expansion of the Northwest Mosquito Vector Control District in western Riverside County be put on the next City Council agenda. Mayor Magee commented on the following: 1) Welcomed newly appointed City Clerk Vivian Munson and Parks & Recreation Director Ray Gonzales. 2) Asked the Public Works Director to include an update on the Fairfield Development drainage issues in the next City Manager's weekly memo. 3) Thanked staff for all of their help with the State of the City Address. It was moved and seconded to adjourn to a regular meeting on September 11, 2007, at 5:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSENT: NONE Li Robert Mayor Mayor Magee adjourned the meeting at 8:29 p.m. 17 ATTEST: l ~cilf[< si Michelle Sata Interim City Clerk 18