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HomeMy WebLinkAbout10-23-2007 City Council Minutes MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 23,2007 **************************************************************************************************** CALL TO ORDER - 7:00 P.M. The Regular City Council Meeting was called to order by Mayor Magee at 7:02 p.m. PLEDGE OF ALLEGIANCE Mayor Magee introduced Greg Morrison who led the audience in the Pledge of Allegiance. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer to recognize those who have been displaced by the California Fires and to pray for the men and women of Cal Fire. - ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: COUNCILMEMBER BUCKLEY (arrived at 7:04) Also present were City Manager Brady, Assistant City Attorney Mann, City Treasurer Weber, Administrative Services Director Pressey, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Information/Communications Manager Dennis, Parks and Recreation Director Gonzales, Chief of Police Fetherolf, Community Development Director Preisendanz, Planning Manager Weiner and City Clerk Munson. PRESENTATION/CEREMONIALS Mayor Magee indicated he had asked the City Manager and the City's Emergency personnel to give a brief update on the status of the fires that relates to Riverside County and the City of Lake Elsinore. City Manager Brady and Police Chief Fetherolf reported on the conditions of the City of Lake Elsinore and the County of Riverside. 1 (1) Presentation of Blue Star ProQram Recipients Mayor Magee presented Certificates of Appreciation to the following Blue Star recipients: First Class Petty Officer Joseph J. Anderson, Corporal Raymond de la Cruz, Lance Corporal Timothy Kutter, First Class Petty Officer Damian D. Morrison and Specialist Joseph David Telles. Mayor Pro Tem Hickman and his wife Amy accepted the certificates on behalf of their son and daughter-in-law Sergeant William Connaster and Specialist Jennifer Connaster. All of the recipients and their families thanked the City for their recognition. (2) Mayor Magee presented a proclamation to The Storm for coming in 2nd Place in the California League and winning the Southern California Division Championship. Representatives from the Storm accepted the proclamation and thanked the City Council and residents for this recognition. (3) Greg Morrison from EVMWD, representing the Chamber of Commerce, provided an update of Chamber activities. Mr. Morrison also announced the Waste Water Treatment Plant for the Lake Elsinore Valley Municipal Water District won "Plant of the Year" for the Santa Ana River Basin Section and for the entire State of California. CLOSED SESSION REPORT There were no closed session items. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Rick Carpenter reported on the Farmer's Market. He thanked the City Council for their support and invited all residents to come by the Farmer's Market. He also thanked the Chamber of Commerce and the Council in their partnership in advertising Lake Elsinore, which has brought many new people in town to shop. Mike Matthews of lake Elsinore, asked City Council to take action against the contracts, owners and management of the Ridgestone Apartments to eliminate the nuisance of excessive water, mud and trash flowing into his neighborhood from the Ridgestone property. Traci Peterson, CalTrans District 8, Construction Liaison, stated she came to notify the City that CalTrans will be conducting a paving rehab project on the 1-15, from the 1- 15,215 in Murrieta, up to the 1-15, Highway 74 in Lake Elsinore. The project will begin next month with the exact start date unknown at this time, nor the complete work hours. 2 She noted night work is anticipated seven days a week to include lane closures and some ramp closures. She indicated CalTrans will be providing the City with further information as it becomes available. Mayor Magee directed Ms. Peterson to contact Mr. Seumalo, the City's Public Works Director. COUNCIL APPROVES CONSENT CALENDAR ITEM NOS. 4 THROUGH 10 AND 13 THROUGH 17. EXCLUSIVE OF ITEM NOS. 11 AND 12 The following items were listed on the Consent Calendar for Council approval: (4) Minutes of the Followinq Meetinq( s ): a. Special Joint City Council/Redevelopment Agency Study Session of February 22,2007. b. Special Joint City Council/Redevelopment Agency Study Session of May 29,2007. c. Joint City Council/Redevelopment Agency Study Session of June 12, 2007. d. Regular Meeting of June 12, 2007. e. Joint City Council/Redevelopment Agency Study Session of June 26, 2007. f. Regular Meeting of June 26,2007. g. Joint City Council/Redevelopment Agency Study Session of July 10, 2007. h. Regular Meeting of July 10, 2007. i. Special City Council Meeting of July 19, 2007. j. Special Joint City Council/Redevelopment Agency Study Session of July 26,2007 k. Joint City Council/Redevelopment Agency Study Session of September 25, 2007. I. Regular Meeting of September 25, 2007 Recommendation: Approve. (5) Warrant List Dated October 15,2007. Recommendation: Authorize payment of Warrant List dated October 15, 2007. (6) Claim Aqainst the City Recommendation: Reject the claim listed and direct the City Clerk's Office to send a letter informing the claimant of the decision. (7) Aqreement for Property Tax Manaqement Services with HdL Coren & Cone 3 Recommendations: 1. Approve the agreement for property tax management services with HdL Coren & Cone. 2. Authorize the City Manager to execute the agreement. (8) Southwest California Economic Alliance Recommendations: 1. Approve the Southwest California Economic Alliance Agreement and authorize the Mayor to execute the agreement subject to any minor modifications as may be approved by the City Attorney; and 2. Approve the Bylaws of the Southwest California Economic Alliance and authorize the Mayor to execute the bylaws subject to any minor modifications as may be approved by the City Attorney. (9) Safe Candy Niqht Street Closures Recommendation: Approve the closure of Main Street for Safe Candy Night. (10) Status of the General Plan Update and Environmental Impact Report - Recommendation: Receive and file. (11) Resolution of Intention to Annex Property into Community Facilities District No. 2003-1 (Law Enforcement. Fire and Paramedic Services) and to Authorize the Levy of a Special Tax within Annexation Area No. 24 (River's Edqe) Recommendations: 1. Waive further reading and adopt a resolution of intention to annex property from Annexation Area No. 24 (River's Edge) into the CFD 2003-1. 2. Schedule a public hearing on Annexation Area No. 24 (River's Edge) for November 27, 2007. (12) Resolution of Intention to Annex Property into Community Facilities District No. 2006-5 (Parks. Open Space and Storm Drain Maintenance) and to Authorize the Levv of a Special Tax within Annexation Area NO.3 (River's Edqe) Recommendations: 1. Waive further reading and adopt a resolution of intention to annex property from Annexation Area NO.3 (River's Edge) into the CFD 2006-5. 2. Schedule a public hearing on Annexation Area No.3 (River's Edge) for November 27, 2007. 4 (13) Parks Maintenance Contract Extension Recommendation: Approve the new contract extension with Greenscape Landscape, Inc. for park maintenance from November 1 through March 31,2008, and authorize the increase of funds during the extension period. (14) Approval of Contract to Update Drainaqe Master Plan and Storm Drainaqe Development Impact Fees Recommendations: 1. Award the Contract to update the Drainage Master Plan and Development Impact Fees to Harris and Associates for $252,840. 2. Authorize the transfer of $278,000 from Storm Drain C.I.P. Account Fund No. 211 for consultant services and staff costs. (15) Pine Street - Realiqnment and Pavinq Contract Award Recommendations: 1. Award the contract to construct Pine Street for $59,980 to Hardy and Harper Inc. 2. Authorize the transfer of $80,000 from Street C.I.P. Fund No. 201 to the Pine Street Project. 3. Authorize the Mayor to execute the contract with Hardy and Harper Inc. (16) Reallocate Funds to Alternative Fishery Enhancements in Lieu of Carp Removal Recommendation: City Staff recommends approval to reallocate funds from carp removal efforts to the proposed alternative fishery enhancements. This approval is subject to concurrence by the LESJWA Board. (17) Habitat Proiect Implementation Aqreement (Back Basin I nlet Channel Area) Recommendation: Approve the Habitat Project Implementation Agreement (Back Basin Inlet Channel Area) and authorize the Mayor to execute the Agreement subject to any minor modifications as may be approved by the City Attorney. City Manager Brady pulled Consent Calendar Item Nos. 11 and 12. It was moved by Council member Buckley, and seconded by Councilmember Kelley to approve the Consent Calendar Item Nos. 4 through 10 and 13 through 17, exclusive of Item Nos.11 and 12. 5 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCIL CONTINUES CONSENT CALENDAR ITEM NOS. 11 AND 12 TO THE NEXT CITY COUNCIL MEETING City Manager Brady indicated due to the agenda items not having the necessa~ items to move forward, staff is recommending continuance to the November 13t City Council meeting. It was moved by Councilmember Buckley, and seconded by Mayor Pro Tem Hickman to continue Consent Calendar Item Nos. 11 and 12 to the November 13th 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 (18) COUNCIL ADOPTS RESOLUTION NO. 2007-180; APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1 AS ANNEXATION AREA NO. 20 (CALIFORNIA BUSINESS CONDOS) PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 6 Mayor Magee opened the public hearing at 7:33 p.m. City Clerk Munson 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 presented the staff report. Mayor Magee requested. testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He 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. Mayor Magee closed the public hearing at 7:35 p.m. Mayor Magee directed City Clerk Munson to tabulate the ballots and announce if a majority protest had been made. City Clerk Munson tabulated the ballots and announced that a majority protest did not exist. It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt Resolution No. 2007-180, approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1 as Annexation Area No. 20 (California Business Condos) pursuant to the Landscape and Lighting Act of 1972. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE 7 ABSTAIN: NONE (19) COUNCIL INTRODUCES ORDINANCE NO. 1233: DELETING AND RESERVING CHAPTER 17.06 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE RESOURCE CONSERVATION OVERLAY DISTRICT Mayor Magee opened the public hearing at 7:37 p.m. Community Development Director Preisendanz presented the staff report. He indicated the Planning Commission considered the code amendment and unanimously recommended that City Council adopt the ordinance. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:37 p.m. It was moved by Councilmember Schiffner, and seconded by Council member Buckley to waive further reading and introduce the following ordinance: ORDINANCE NO. 1233 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DELETING AND RESERVING CHAPTER 17.06 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE RESOURCE CONSERVATION OVERLAY DISTRICT The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (20) COUNCIL INTRODUCES ORDINANCE NO. 1234: AMENDING AND RESTATING SECTION 17.35.020 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING RESIDENTIAL USES IN OPEN SPACE DISTRICTS 8 Mayor Magee opened the public hearing at 7:38 p.m. Community Development Director Preisendanz presented the staff report. He indicated the Planning Commission considered the code amendment and unanimously recommended that City Council adopt the ordinance. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:40 p.m. It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to waive further reading and introduce the following ordinance: ORDINANCE NO. 1234 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING SECTION 17.35.020 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING RESIDENTIAL USES IN OPEN SPACE DISTRICTS The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (21) COUNCIL APPROVES THE EXPENDITURE PLAN AND THE ALLOCATION OF FUNDS FROMTHESLESFGRANTPROGRAM Mayor Magee opened the public hearing at 7:41 p.m. City Manager Brady presented the staff report. COUNCILMEMBER BUCKLEY LEFT THE DAIS AT 7:41 P.M. 9 Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:42 p.m. It was moved by Councilmember Schiffner, and seconded by Councilmember Kelley to approve the expenditure plan and the allocation of funds from the SLESF Grant Program. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: COUNCILMEMBER BUCKLEY ABSTAIN: NONE (22) COUNCIL CONTINUES ITEM TO AN UNDETERMINED DATE REGARDING AMENDMENT TO SECTIONS 14.08.090(Al AND 14.08.110 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PERMITTING OF NONSTORMWATER DISCHARGES AND ENFORCEMENT OF ILLEGAL DISCHARGES Mayor Magee opened the public hearing at 7:42 p.m. Public Works Director/City Engineer Seumalo presented the staff report. He indicated the reason the recommendation was to continue the item to an undetermined date was because the City anticipated comments from the Regional Water Quality Control Board. He indicated the audit was taken in 2006 and the City will not see results until spring or summer of 2008 of the comments. He noted together with the City Attorney Office, it would be more streamlined and more efficient to bring all the amendments at the same time. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:45 p.m. 10 It was moved by Council member Schiffner, and seconded by Mayor Pro Tem Hickman to continue this item off calendar. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: COUNCILMEMBER BUCKLEY ABSTAIN: NONE (23) COUNCIL ADOPTS RESOLUTION NO. 2007-181; AUTHORIZING THE ISSUANCE OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-5 (VILLAGES AT WASSON CANYON), SPECIAL TAX BONDS, 2007 SERIES A, APPROVING THE ISSUANCE OF THE LAKE ELSINORE PUBLIC FINANCING AUTHORITY LOCAL AGENCY REVENUE BONDS (WASSON CANYON) 2007 SERIES A. AND THE EXECUTION AND DELIVERY OF A FISCAL AGENT AGREEMENT, A COMMITMENT AGREEMENT AND PURCHASE CONTRACT, A PURCHASE CONTRACT AND A CONTINUING DISCLOSURE AGREEMENT PUBLIC FINANCING AUTHORITY ADOPTS RESOLUTION NO. 2007-2, APPROVING THE ISSUANCE OF LAKE ELSINORE PUBLIC FINANCING AUTHORITY LOCAL AGENCY REVENUE BONDS (WASSON CANYON) 2007 SERIES A IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $6,500,000 PURSUANT TO AN INDENTURE OF TRUST, AUTHORIZING THE SALE OF SUCH BONDS UPON CERTAIN TERMS AND CONDITIONS, APPROVING AN OFFICIAL STATEMENT, APPROVING THE EXECUTION OF COMMITMENT AGREEMENT AND PURCHASE CONTRACTS FOR THE PURCHASE OF LOCAL OBLIGATIONS OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-5 (VILLAGES AT WASSON CANYON) AND TAKING OTHER ACTIONS RELATED THERETO Chairman Schiffner called the Public Financing Authority meeting to order at 7:48 p.m. ROLL CALL PRESENT: CHAIRMAN SCHIFFNER MEMBER HICKMAN MEMBER KELLEY 11 MEMBER MAGEE ABSENT: VICE-CHAIR BUCKLEY Mayor Magee opened the public hearing at 7:47 p.m. Administrative Services Director Pressey presented the staff report. He introduced Mr. Rod Gunn, the City's bond financial advisor, who reviewed the finance team's guidelines bond issue on CUP's. He also reviewed new bond criteria to ensure the City's issues are secure other than the project analysis. He noted a Delinquency Management Fund was created which is 15% of the annual debt service and was created to continue to pay debt service for the delinquencies that have not paid. VICE-CHAIR BUCKLEY RETURNED TO THE DAIS AT 7:48 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 inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 8:05 p.m. - Mayor Pro Tem Hickman complimented Rod Gunn and Don Hunt for all of their hard work. He stated they have done an excellent job for the City. City Treasurer Weber indicated when the housing market slows down, the developers should take a hit just like everyone else and stated the City was not here to supplement their income. He noted the City has a good team in place for financing these bonds. It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to waive further reading and adopt Resolution No. 2007-181, authorizing the issuance of the City of Lake Elsinore Community Facilities District No. 2005-5 (Villages at Wasson Canyon), Special Tax Bonds, 2007 Series A, approving the issuance of the Lake Elsinore Public Financing Authority Local Agency Revenue Bonds (Wasson Canyon) 2007 Series A, and the execution and delivery of a fiscal agent agreement, a commitment agreement and purchase contract, a purchase contract and a continuing disclosure agreement. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER 12 NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Member Kelley, and seconded by Member Hickman, to waive further reading and adopt Resolution No. 2007-2, approving the issuance of Lake Elsinore Public Financing Authority Local Agency Revenue Bonds (Wasson Canyon) 2007 Series A in the aggregate principal amount not to exceed $6,500,000 pursuant to an indenture of trust, authorizing the sale of such bonds upon certain terms and conditions, approving an official statement, approving the execution of commitment agreement and purchase contracts for the purchase of local obligations of the City of Lake Elsinore Community Facilities District No. 2005-5 (Villages at Wasson Canyon) and taking other actions related thereto. The following vote resulted: AYES: CHAIRMAN SCHIFFNER VICE-CHAIR BUCKLEY MEMBER HICKMAN MEMBER KELLEY MEMBER MAGEE NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC FINANCING AUTHORITY APPROVED CONSENT CALENDAR ITEM NO.1 (1) Minutes of a Reqular Meetinq of Januarv 9.2007 Recommendation: Approve. It was moved by Vice-Chair Buckley, and seconded by Member Hickman to approve Consent Calendar Item NO.1. The following vote resulted: AYES: CHAIRMAN SCHIFFNER VICE-CHAIR BUCKLEY MEMBER HICKMAN MEMBER KELLEY 13 MEMBER MAGEE NOES: NONE ABSENT: NONE ABSTAIN: NONE PUBLIC FINANCING AUTHORITY RECESSED AT 8:10 P.M. BUSINESS ITEMS (24) COUNCIL DIRECTS STAFF TO DEVELOP AN RFP TO HELP SELECT A CONSULTANT TO WORK WITH CITY STAFF TO PROCEED WITH THE PREPARATION OF A MASTER PLAN FOR THE CORE DOWNTOWN AREAS City Manager Brady introduced Steve McCarty, Redevelopment Project Manager, who presented the staff report. Redevelopment Project Manager McCarty indicated the City has made significant progress in obtaining public opinion for the design of the City public facilities. He commented paramount among public opinion was for the desire of the development of the downtown area from the 1-15 to the lake. He reviewed the five options before City Council for consideration. City Treasurer Weber stated the financing of the new City Hall will cause a tremendous burden on the General Fund and asked the City Council to keep this in mind when voting on this item. Councilmember Buckley indicated he sent City Council and staff an alternate proposal (attached). He indicated the issue of the proposal of the Master Plan, although it has its advantages, would take the City a bit sideways. He reviewed his alternate recommendations. Councilmember Buckley made a motion to incorporate his recommendations presented. There being no second, the motion died. It was moved by Councilmember Schiffner, seconded by Council member Kelley to: 1) Direct staff to develop an RFP to help select a consultant to work with City staff to proceed with the preparation of a master plan for the core downtown areas as described; 2) Approve ending the Design Competition and making a one time and final payment of $10,000 to each of the three competition finalists; 3) Direct staff to leave the site options open for a future decision based on the options and details presented in the master plan; and 4) Direct staff to present to 14 the Redevelopment Agency vacant parcels of land located in proposed Sites 1 and 2 that could be acquired for future institutional, office, retail, and/or residential development. Mayor Pro Tem Hickman stated he concurred with Councilmember Schiffner and stated he has a fiduciary responsibility to the residents. He stated he agreed with the Master Development. Councilmember Kelley concurred with Redevelopment Project Manager McCarty. She stated the intention of going forward was to revitalize Main Street. She noted the City needs to be certain they are efficient, successful, and proud of what is built and that it is done right. She stated she appreciated Councilmember Buckley's recommendations. She indicated she could not support all of them, however; many of them she could and many of his ideas could be included in a Master Plan. Council member Buckley thanked Council member Kelley for her comments. He indicated he was trying to save the City $250,000 and 18 months of time. He noted any comparison of the stadium is offensive and inappropriate. City Treasurer Weber suggested eliminating the gray area in the proposal to get the real cost of the project. Mayor Magee thanked Councilmember Buckley for his efforts and passion in developing the Civic Center. He also thanked Redevelopment Project Manager McCarty for his professionalism. He stated he concurred with City Treasurer Weber's that the City needs to be cognoscente of the funding. He also concurred with Councilmember Kelley's thoughts that many of Councilmember Buckley's ideas need to be analyzed and included as part of the Master Plan. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: COUNCILMEMBER BUCKLEY ABSENT: NONE ABSTAIN: NONE 15 (25) COUNCIL ADOPTS RESOLUTION NO. 2007-182, MAKING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN AND ADOPTS RESOLUTION NO. 2007-183, APPROVING COMMERCIAL DESIGN REVIEW NO. 2007-12 Community Development Director Preisendanz presented the staff report. He noted Building G will be a natural extension of the Stater Bros. shopping Center and will take the place of a building that naturally burned downed. He stated the Planning Commission unanimously recommended approval of the project. It was moved by Councilmember Schiffner, seconded by Councilmember Kelley to waive further reading and adopt a resolution 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 It was moved by Council member Schiffner, seconded by Councilmember Kelley to waive further reading and adopt a resolution approving Commercial Design Review No. 2007-12. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 16 (26) COUNCIL AUTHORIZED RENEWAL OF THE 2007-2008 LOBBYING SERVICES AGREEMENT AND SCOPE OF WORK & BUSINESS TERMS AND TO EXECUTE THE AGREEMENT WITH THE FERGUSON GROUP, L.L.C. Information/Communications Manager Dennis presented the staff report. He stated the annual contract is up for renewal at the end of this month and asking Council's consideration with the Ferguson Group, LLC. He read into the record the following proposed projects for funding: $8 million for Railroad Canyon Road interchange improvements; $2 Million for Lakeshore Drive safety and aesthetic improvements; $2 Million for the boat launch, recreational facilities rehabilitation and $1 Million lake water quality and watershed improvements, to include public safety and advancing forward with sewer and infrastructure needs. Mayor Magee recommended staff work with Mr. Kennett and return with a new revised list as discussed at the Study Session to include public safety, sewer and other transportation related improvements. It was moved by Councilmember Buckley, seconded by Mayor Pro Tem Hickman to authorize renewal of the 2007-2008 lobbying services agreement and scope of work and business terms and execute the agreement with the Ferguson Group, L.L.C. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (27) COUNCIL ADOPTS ORDINANCE NO. 1232; AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX City Manager Brady presented the staff report. It was moved by Councilmember Schiffner, seconded by Councilmember Kelley to adopt the following ordinance: 17 ORDINANCE NO. 1232 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX 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 COUNCIL RECESSES AT 8:42 P.M. COUNCIL RECONVENES AT 8:45 P.M. PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: (1) Farmer's Market, Thursday, October 25th, from 4-7:00 p.m. on Main Street and Peck (2) The Elsinore Valley Arts Network Art Walk, Thursday, October 25th, 4-8:00 pm. downtown Main Street (3) Cruise Night, Friday, October 26th, from 5-9:00 p.m., downtown Main Street (4) Red Ribbon Penny Carnival, Friday, October 26th, from 4:30-6:30 p.m. at the Lake Community Center CITY ATTORNEY COMMENTS No comments. 18 CITY TREASURER COMMENTS Announced at the Stadium there was a Halloween Scare House. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: (1) Requested an update on the Ridgestone Apartments issues to include the overall drainage issues. Public Works Director Seumalo responded that staff will investigate the issue. He stated he met with Centex Homes and Fairfield apartments and they agreed to cutback on irrigation. However, there are several violations that may have occurred all of which will be investigated. He stated he also met with the Shopoff Group, who committed their engineering staff, who will be turning in a design soon to mitigate the problem. Councilmember Schiffner commented on the following: (1) Thanked all of the people that were involved in the Civic Center exercise. Mayor Pro Tern Hickman commented on the following: (1) Attended the Scary Stadium and indicated it was fun. (2) Wished everyone a safe Halloween night. (3) Invited everyone down to the Farmers' Market (4) Thanked the Lake Elsinore Unified School District for working with the Elks allowing them to use Temescual High School for the Shoot For Hoops event. (5) He also inquired when Franklin Street would be resurfaced. Public Works Director Seumalo responded the project started today with the drainage improvements and then will proceed with the overlay. Councilmember Buckley commented on the following: No comments. Mayor Magee commented on the following: (1) Thanked all of the fire fighters who are out risking themselves to protect lives and property. And also thanked for all of the Public Safety professionals who are working hard to protect us. He noted our thoughts and prayers are with them and with those who are impacted by the fires. 19 ATTEST: { LL~ VIVIAN M.MUNSON CITY CLERK - 20 To - Lake Elsinore Mayor, City Council, and Staff From - Thomas Buckley Subject - Civic Center Alternate Recommendation Discussion - For the past 15 months, the people, elected officials, and staff members of the City of Lake Elsinore have been engaged in an open and exciting process designed to both revitalize our downtown area and construct much-needed public facilities. It appears, however, that this process now stands at a crossroads and a decision whether to move forward or backwards or sideways is now at hand. During this process, the public has been actively involved in shaping the vision of a new vibrant and eclectic downtown that will both benefit the neighborhood residents and the City asa whole. This process has included numerous meetings and study sessions, a public survey, and an internationally-recognized design competition for the new Civic Center, a key aspect to improving the downtown. A number of exciting ideas have been discussed and a number of new facts about how the residents of Lake Elsinore feel about their City have been discovered. For example, the Civic Center, particularly when tied at least in part directly to the lake, is extremely popular. So far, a half dozen different potential Civic Center sites have been wiImowed down to two, or even one, it could be argued, if one considers an overall holistic approach to the matter of downtown redevelopment. However, since the announcement of the Design Competition Jury's selection of finalists, a certain amount of unnecessary confusion and misinformation has sadly been injected into the p~cess. This has caused what I believe to be an unnecessary r. eappra. isal of the entire process tha~ldjeopardize the success of one of the most important City and RDA projects in years. For example, the proposals from the Design Competition finalists are simply that - proposals. None are set in stone (or brick or glass or what-have-you) and are subject to significant streamlining and increased specificity by the City. Sadly, an effort in August to allow the finalists to explain their ideas to the residents and to hear from the residents in an open give-and- take failed. (For example, despite being designated as finalists, none of the designers' siting proposals were included in the informational packet distributed to the public and the Council.) ,While certain elements of the staff recommendation before the Council and Agency board Tuesday night have merit, the overall effect of approving the entire package of recommendations would be detrimental to our City. To that end, I will offer the following alternate recommendation/motion for consideration by the Council and Agency Board during Tuesday's seSSIOn. · That the RDA immediately contact the owners of all existing commercial structures in the downtown area and coordinate a new facade grant program to improve and renovate said structures · That the design firms be given until February, 2008, to complete their work · That upon selection of a final design/plan, the City and/or Agency shall select an outside professional project manager to oversee the entire effort. That manager shall be chosen by the Council and Board pending recommendation from a selection sub-committee consisting o(the Mayor, RDA Chair, and City Manager · After the final design/plan has been chosen, that RDA and City staff present their land- use and design and planning selections for the remainder of downtown I have sent you this information as it would probably be a bit much to take in all at once during the Tuesday meeting itself. I hope you have found it helpful Thomas Buckley -