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HomeMy WebLinkAbout09-25-2007 City Council Minutes Photo2raphs - Rainfall 8-31-2007 MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 25,2007 **************************************************************************************************** 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 CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1a) A closed session will be held, pursuant to Government Code Section 54956.9(b), because there is significant exposure to litigation to the City in one case. (1b) A closed session will be held, pursuant to Government Code Section 54956.8, to enable the City Council to consider negotiations with Shopoff Group and to give direction to its negotiator regarding certain real property pertaining to APN No.'s: 374-271-003,374-271-004,371-271-007,374-271-013 and 374-271-015. City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. It was the consensus of the City Council to recess to Closed Session at 5:01 p.m. RECONVENE IN PUBLIC SESSION - 7:00 P.M 1 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, Administrative Services Director Pressey, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Information/Communications Manager Dennis, Planning Manager Weiner, Community Services Director Gonzales and City Clerk Munson. PRESENT A TIONS/CERMONIALS Mayor Magee introduced Ron Bailey, Director of the Lake Elsinore Chamber of Commerce and Director of Parts and Service for Lake Chevrolet who provided an update on Chamber activities and general announcements. CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed in the agenda. She noted Items "A" and "B" were discussed and there was no reportable action taken. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Barbara Middlebrook, President of the Elsinore Valley Arts Network, announced the fund raiser at the Summerly clubhouse on Friday, September 28th and tickets are $50. She stated this event helps offset the costs for the summer concerts. Ruth Atkins, Lake Elsinore, announced the Elsinore Valley Arts network is a 501 c3 Corporation under the Internal Revenue Code and encouraged residents to attend the Mayor's Night for the Arts where the $50 cost for the ticket is partially tax deductible. 2 COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 1 THROUGH 4 AND 6 THROUGH 8. EXCLUSIVE OF ITEM NO.5 The following items were listed on the Consent Calendar for Council approval: (3) Contract Aqreement with Matthew Faqan Consultinq Services to Prepare CEQA Compliance Documents for the Proiect Known as "Lake Elsinore Toyota" Staff recommends that the City Council authorize the City Manager to enter into a contract with Matthew Fagan Consulting Services to prepare an Air Quality analysis and the CEQA compliance document for the Lake Elsinore Toyota project, in an amount not to exceed $19,030. (4) Request For Waiver to Serve Alcohol at the Oktoberfest Recommendation: It is staffs recommendation that the City Council consider the request from the Rotary Club for waiver of Lake Elsinore Municipal Code Sections 8.40.040(A) and 9.28.030 and allow alcohol to be served during the Oktoberfest event. (5) Status of General Plan Update and Environmental Impact Report Recommendation: Receive and file. (6) Resolution of Intention to Annex Certain Territory Known as Assessor Parcel No. 377 -160-008 into the Lake Elsinore Landscape and Street Liqhtinq District No.1. as LLMD Annexation No. 20 (California Business Condominiums) Recommendations: 1) Approve the Engineer's Report for Annexation No. 20 (California Business Condominiums) LLMD No.1; 2) Adopt Resolution No. 2007- 167, a resolution of Intention to Annex into LLMD No.1; and 3) Schedule a public hearing on the District Formation for October 23, 2007. (7) Resolution of Intention to Annex Property into Communitv Facilities District No. 2006-5 (Parks. Open Space and Storm Drain Maintenance) and to Authorize the Levy of a Special Tax within Annexation Area NO.2 (California Business Condos) Recommendations: 1) Adopt Resolution No. 2007-168, a resolution of intention to annex property from Annexation Area NO.2 (California Business Condos) into the CFD 2006-5; and 2) Schedule a public hearing on Annexation Area No. 2 (California Business Condos) for November 13, 2007. (8) Approval of Final Map No. 33182 Recommendations: 1) Approve Final Map No. 33182, subject to the City engineer's acceptance as being true and correct; and 2) Authorize the City Clerk 3 to accept all dedications, sign the map and arrange for the recordation of Final Map No. 33182. (9) Franklin Street Rehabilitation and Storm Drain Improvements-Contract Award Recommendations: 1) Award the Franklin Street Rehabilitation and Storm Drain Improvements E.B.S. for the amount of $619,925; 2) Authorize the Mayor to execute the contract for E.B.S. Construction, Inc.; and 3) Authorize transfer of the remaining $250,000 to Account NO.1 05 - General Fund. (10) Warrant List Dated September 11. 2007. Recommendation: Authorize payment of Warrant List dated September 11, 2007. (11 ) Minutes of the Followinq Meetinq( s) a. Joint City Council/Planning Commission Study Session of February 1, 2007. b. Joint City Council/Redevelopment Agency Study Session of February 27, 2007. c. Regular Meeting of February 27,2007. d. Joint City Council/Redevelopment Agency Study Session of March 27, 2007. e. Regular Meeting of March 27, 2007. f. Joint City Council/Redevelopment Agency Study Session of September 11,2007. g. Regular Meeting of September 11,2007. Recommendation: Approve. Councilmember Buckley pulled item No. 11 for further discussion. It was moved by Councilmember Buckley, and seconded by Councilmember Schiffner, to approve the Consent Calendar Items No.3 through 10, exclusive of Consent Calendar No. 11. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE 4 ABSENT: NONE ABSTAIN: NONE COUNCIL CONTINUES CONSENT CALENDAR ITEM NO. 11 - CITY COUNCIL MINUTES Council member Buckley indicated he pulled the minutes due to various errors and tonal issues in the minutes. It was moved by Mayor Pro Tern Hickman, and seconded by Councilmember Kelley, to continue Consent Calendar Item 11 to the next City Council meeting. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC HEARINGS (12) COUNCIL ADOPTS RESOLUTION NO. 2007-169, COMMENCING PROCEDDINGS TO ANNEX APPROXIMATELY 320 ACRES KNOWN AS THE THIRD STREET ANNEXATION AREA Community Development Director Preisendanz presented the staff report. Councilmember Buckley asked Community Development Director Preisendanz to confirm that during the annexation that the right to keep horses on a half acre or more, post annexation would be a right not a nonconforming exception. A right that goes with the property, not with ownership. And, should you subdivide your property, and on your half acre a home is built and you sell it, they loose their right to have horses because zoning will not allow it. Council member Buckley noted the Vector Control cost was missed which is additional $8 a year. Therefore, it would be $45 to join the City. However, he noted that boat owners would get a $75 discount and residents would be saving money. 5 Council member Buckley inquired, as part of the annexation, if medium and high density can only be south and west of Cambern. Community Development Director Preisendanz responded that is what is being proposed. Councilmember Buckley inquired if existing owners could be issued a permit to park their large vehicles to be parked on the street as long as it was parked safely and appropriately. Community Development Director Preisendanz responded that could be looked into, however, he could not make any promises. Councilmember Buckley recommended that one of the conditions of the annexation be the City Council commit in conjunction with the County and CalTrans put a reasonable remedy to the drainage issue in the next capital budget. Council member Buckley stated Council has paid much more attention to these residents more than the County and for those reasons the annexation is a good idea for those residents. Mayor Pro Tem Hickman inquired if the County was assisting these residents with their drainage issues, or is it all on the City's back. Public Works Director Seumalo responded the City has not been working with the County. This is a City project impact that the City is working with the developer and spear heading the solution. The City will make corrections for the impacts of the development to the backyards and to Allen Street itself through the 74 drainage alteration, however, the drainage through Allen Street itself is a County improvement. Councilmember Schiffner expressed his concerns with the County regulations verses the City regulations. He stated he did not want to take away any benefits that are presently allowed in the area. Community Development Director Preisendanz responded he would look into these issues. Mayor Magee opened the public hearing at 7:22 p.m. George Etzel, resident on 3rd Street, indicated he was undecided on the annexation and suggested staff distribute a ballot. Lisa Matthews, provided pictures of the water runoff on Allen Street and indicated it was getting worse with the mud, dirt and trash, the sprinklers are still broken at the apartment complex and sees no activity. 6 Mary Venerable, owns property on 3rd Street, who expressed her concerns with the septic tanks, transportation and traffic congestions down 3rd Street, and stated City Council needs to be informed of all concerns that residents' have in the community have regarding the project. Mike Matthews, Allen Street resident, expressed his concerns with lack of communication with the City and resident. He indicated they had the following questions: 1) What is the zoning going to be in the area; 2) What is the action plan for the flooding and water issues that they have been experiences; 3) What will the total fiscal impact to each resident in the annexation be; 4) What will be done to the neighborhood to provide them with maintenance and safety due to the increased population in their neighborhood. He requested the annexation application to LAFCO be postponed until these questions have been answered and the problems with the drainage issues become resolved. Bernard Rockwood, Welch Drive, expressed his concerns with the traffic speed and the water runoff on Welch Drive and Allen Street. Gary Gogs, Allen Street Resident, indicated all of the drainage on the east side of Allen Street and Welch goes through his property. Mayor Magee closed the public hearing at 7:37 p.m. Councilmember Buckley responded to Mr. Matthews questions. Council member Kelley reiterated the zoning will stay the same; the horses will be allowed, the flooding is a great concern to the Council and had Public Works Director Seumalo address how the City was working with the County on the drainage issue. The fiscal impact has been addressed, there will be more services and amenities will be available to them as residents. It was moved by Councilmember Buckley, and seconded by Councilmember Schiffner, to waive further reading and adopt Resolution No. 2007-169, commencing proceedings to annex approximately 320 acres known as the Third Street Annexation Area. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE 7 ABSTAIN: NONE (13) COUNCIL ADOPTS RESOLUTION NO. 2007-170. APPROVING THE REQUEST FOR AN EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 31957 FOR TWENTY FOUR MONTHS OR UNTIL SEPTEMBER 13. 2009. BASED ON THE FINDINGS. EXHIBITS AND CONDITIONS OF APPROVAL Community Development Director Preisendanz presented the staff report. Mayor Magee opened the public hearing at 7:50 p.m. There being none, Mayor Magee closed the public hearing at 7:51 p.m. It was moved by Councilmember Buckley, and seconded by Councilmember Schiffner, to waive further reading and adopt Resolution No. 2007-170, approving the request for an extension of time for Tentative Tract Map No. 31957 for twenty four months or until September 13, 2009, based on the findings, exhibits and conditions of approval. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (14) COUNCIL CONTINUES PUBLIC HEARING FOR REVISION OF CHAPTER 14.08 STORMWATERlURBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROLS It was moved by Council member Kelley, and seconded by Councilmember Schiffner to continue the item to the October 23, 2007, City Council meeting. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY 8 COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMS (15) COUNCIL INTRODUCES ORDINANCE NO. 1232, AMENDING LAKE ELSINORE MUNICIPAL CODE SECTION 2.24.060, SUBPARAGRAPHS I AND J REGARDING THE DUTIES AND RESPONSIBILITIES OF THE PUBLIC SAFETY ADVISORY COMMISSION Information/Communications Manager Dennis presented the staff report. It was moved by Councilmember Buckley, and seconded by Council member Schiffner, to waive further reading and introduce Ordinance No. 1232, amending Lake Elsinore Municipal Code Section 2.24.060, Subparagraph I and J regarding the duties and responsibilities of the Public Safety Advisory Commission. 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 7:58 P.M. COUNCIL RECONVENED AT 8:00 P.M. PUBLIC COMMENTS There were no public comments. 9 CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) 2) 3) 4) Announced the Elsinore Valley Art Network will hold their Artwalk on September 28th from 4-8:00 p.m. Announced the Mayor's Night for the Arts will be held at the Summerly Clubhouse on September 28tti, 6-9:00 p.m. Octoberfest, October 6th, from 11-5:00 p.m. sponsored by the Lake Elsinore Rotary Club, at McVicker Park. Household Hazardous Waste Collection on October 6th, 9 a.m. to 5 p.m., adjacent to the City Yard. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS Not present. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Mayor's Night for the Arts reception on Friday. Councilmember Schiffner commented on the following: 1) Thanked all those who came outto speak regarding the annexation. Mayor Pro Tern Hickman commented on the following: 1) Extended his kudos to the Youth Court and thanked Shawn Slater for his time and donation. 2) Franklin Street will be resurfaced soon. Councilmember Buckley commented on the following: No comments. Mayor Magee commented on the following: 1) Thanked individuals who attended the Trauma Interventions Program of Southwest Riverside County event and thanked Mayor Pro Tem Hickman for his generous donation. 10 Mayor Magee adjourned the meeting at 8:03 p.m. ATTEST: { lL~ VIVIAN M.MUNSON CITY CLERK 11