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HomeMy WebLinkAbout11-13-2007 City Council Minutes MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 13, 2007 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. Mayor Magee called to order the Regular City Council Meeting 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, Deputy City Attorney Mann, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Gonzales, Information/Communications Manager Dennis, Chief of Police Fetherolf, Public Works Director Seumalo, Planning Manager Weiner and City Clerk Munson. CLOSED SESSION Deputy City Attorney Mann indicated the following item was to be discussed during Closed Session: A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (Subdivision (a) of Gov't Code S 54956.9) EVMWD vs. City of Lake Elsinore, John O'Doherty (Riverside Superior Court Case No. 431267). The City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE Mayor Magee led the audience in the Pledge of Allegiance. 1 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, Deputy City Attorney Mann, Administrative Services Director Pressey, Community Development Director Preisendanz, Parks and Recreation Director Gonzales, Information/Communications Manager Dennis, Chief of Police Fetherolf, Public Works Director Seumalo, Planning Manager Weiner and City Clerk Munson. PRESENTATION/CEREMONIALS Mayor Magee presented the following individuals with Certificates of Appreciation for assisting during the wild fire disasters and the Hawaii Mars Flying Supertanker arrival and departure. They were as follows: from the lake and Aquatic Resources Department: Pat Kilroy, Leo Solorzano, Sailie Davis, Dennis Waite, Ed North, Mary Santa Cruz; from the City Manager's Office Mark Dennis; from the Parks and Recreation Department Claudia Davis and Bill Houtz; from the Public Works Department Bill Payne, Julian Perez, Rocky Gray, Alejandro Leytte, Scott Rippstein, Brandon Buron and Francisco Diaz; from the Lake Patrol Division Sergeant Mike Yates, Investigator Nathan Kaas, Deputy Patrick Doyle, Corporal Bob McCalmont, Deputy Ethan Kaas, Deputy Robert Guerrero, Deputy Rafael Casillas and Deputy June Cox; from LEMSAR Pete Dawson, AI Lyons, Sheri Lyons, Clif Ayres, Pam Ayres, Mark Piascik, Emily Crisan, Terry Prijatel, Lou Prijatel and Roberto Romero. CLOSED SESSION REPORT Deputy City Attorney Mann announced in Closed Session the item as listed in the agenda and reported there was no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Ruth Atkins, resident and representing the Lake Elsinore Historical Society, announced the self guided Holiday Home Tour Time will be on Saturday, December 8th between 10 a.m. and 3:00 p.m. She noted tickets are available for $20 a piece. 2 Mike Matthews, resident, announced he measured 500,061 gallons of water ran down Allen Street during a 64 hour time period. He continued to express his concerns with the problems his home and neighborhood have been experiencing and asked Council's help to tell the Ridgestone apartments control their water resources. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 3 THROUGH 15 The following items were listed on the Consent Calendar for Council approval: (3) Minutes of the Followinq Meetinq(s) a) Special Meeting of July 10, 2007. b) Joint City Council/Redevelopment Agency meeting of August 14,2007. c) Regular Meeting of August 14, 2007. d) Special Meeting of August 20,2007. e) Joint City Council/Redevelopment Agency meeting of August 28,2007. f) Regular Meeting of August 28,2007. g) Joint City Council/Redevelopment Agency meeting of October 9,2007. h) Regular Meeting of October 9,2007. i) Joint City Council/Redevelopment Agency meeting of October 23,2007. j) Regular Meeting of October 23,2007. Recommendation: Approve. (4) Warrant List Dated October 31.2007. Recommendation: Authorize payment of Warrant List dated October 31,2007. (5) Investment Report for July. Auqust and September Recommendation: Receive and file. (6) Selection Of Vendor For Recodification/Republication and Leqal Review of the Lake Elsinore Municipal Code Recommendation: Approve Code Publishing, Inc. as the selected vendor for the legal review and recodification/republication of the Lake Elsinore Municipal Code. (7) 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 Resolution of Intention No. 2007-184, annexing property into Community Facilities District No. 2003-1 (Law 3 Enforcement, Fire and Paramedic Services) and to authorize the levy of a special tax within said district. 2. Schedule a public hearing on Annexation Area No. 24 (River's Edge) for January 8, 2008. (8) Resolution of Intention to Annex Property into Community 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.3 (River's Edqe) Recommendations: 1. Waive further reading and adopt Resolution of Intention No. 2007-185 annexing property from Community Facilities District 2006-5 (Parks, Open Space and Storm Drain Maintenance) and to authorize the levy of a special tax within said district. 2. Schedule a public hearing on Annexation Area NO.3 (River's Edge) for January 8, 2008. (9) Franklin Street Rehabilitation and Storm Drain Improvements - Professional Survey Services Contract Award Recommendation: Staff recommends the City Council award the Franklin Street Rehabilitation and Storm Drain Project construction surveying contract to Harris and Associates for $23,500. (10) Railroad Canyon Road/l-15 Interchanqe Update Recommendation: Receive and file. (11) Purchase of PC Tablets for Code Enforcement. Public Works and Geoqraphic Information Technoloqy Recommendation: Staff recommends that the City Council authorize the City Manager to approve the purchase of the PC Tablets for Code Enforcement, Public Works, and GIS. (12) Resolution Declarinq a Local Emerqency Recommendations: 1) Ratify the proclamation of Local Emergency by the Director of Emergency Services. 2) Waive further reading and adopt Resolution No. 2007-186, declaring the existence of a local emergency under Government Code Section 8630 and County Ordinance No. 533.5 4 (13) 2010 Decennial Census Local Update of Census Addresses (LUCA) Proqram Recommendations: 1) Lake Elsinore participate in the LUCA Program at Option 1, the highest level of participation. 2) Obtain Highest Elected/Appointed Official signature on Registration Form making the commitment on behalf of the City. 3) Complete and return LUCA Program Registration Form by November 19, 2007. 4) Appoint Cathy Barrozo GIA Analyst as LUCA Program Liaison and Rolfe Preisendanz Community Development Director as LUCA Program Reviewer. 5) Agree to conditions of confidentially, Title 13, United States Code (U.S.C.) 6) Perform required data security Self-Assessment Checklist. 7) Complete and return the Product Preference Form. 8) Direct staff to fulfill all LUCA Program participation responsibilities. (14) Consideration of Cancellinq the December 25.2007, City Council Meetinq Recommendation: It is recommended that City Council direct staff to cancel the December 25, 2007, City Council meeting unless it is necessary to conduct City business prior to the January 8, 2008, Council meeting. (15) Award Bid for Purchase and Installation of Plavqround Equipment and Authorize the City Manaqer to Siqn the Aqreement Recommendation: Award the bid for the purchase and installation of playground equipment to Gametime and authorize the City Manager to sign the agreement. It was moved by Councilmember Kelley, and seconded by Councilmember Schiffner to approve the Consent Calendar Items No.3 through 15. 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 (16) COUNCIL ADOPTS RESOLUTION NO. 2007-187; DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS. OPEN SPACE AND STORM DRAIN MAINTENANCE) COUNCIL ADOPTS RESOLUTION NO. 2007-188; RESOLUTION ACTING ON BEHALF OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS. OPEN SPACE AND STORM DRAIN MAINTENANCE) CALLING A SPECIAL ELECTION COUNCIL ADOPTS RESOLUTION NO. 189; ACTING ON BEHALF OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS. OPEN SPACE AND STORM DRAIN MAINTENANCE) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO.2 (CALIFORNIA BUSINESS CONDOS) ANNEXED TO SAID DISTRICT COUNCIL INTRODUCES ORDINANCE NO. 1235; ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS. OPEN SPACE AND STORM DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF SPECIAL TAX WITHIN ANNEXATION NO. 2 (CALIFORNIA BUSINESS CONDOS) ANNEXED TO SAID DISTRICT Mayor Magee opened the public hearing at 7:17 p.m. City Clerk Munson announced that the 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 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. There being no one, Mayor Magee closed the public hearing at 7:18 p.m. 6 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 2/3 majority protest did not exist. It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to adopt Resolution No. 2007-187, determining the validity of prior proceedings relating to annexation of property into the City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance ). 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 Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to adopt Resolution No. 2007-188, acting on behalf of the City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) 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 7 It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to adopt Resolution No. 2007-189, acting on behalf of the City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) canvassing the results of the election held within Annexation Area NO.2 (California Business Condos) annexed to said district. 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, and seconded by Mayor Pro Tem Hickman to introduce Ordinance No. 1235, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) AUTHORIZING THE LEVY OF SPECIAL TAX WITHIN ANNEXATION NO. 2 (CALIFORNIA BUSINESS CONDOS) ANNEXED TO SAID DISTRICT. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE 8 (17) COUNCIL ADOPTS RESOLUTION NO. 2007-190; APPROVING NEGATIVE DECLARATION NO. 2007-03 FOR TEXT AMENDMENT NO. 2007-04. TEXT AMENDMENT 2007-05. GENERAL PLAN AMENDMENT 2007-05. ZONE CHANGE (PRE-ZONE) NO. 2007-05 AND ANNEXATION NO. 82 FOR THE RUNNING DEER TERRITORY COUNCIL ADOPTS RESOLUTION NO. 2007-191; REQUESTING THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO). TO COMMENCE PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 82 INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE COUNCIL ADOPTS RESOLUTION NO. 2007-192; APPROVING GENERAL PLAN AMENDMENT NO. 2007-05 COUNCIL INTRODUCES ORDINANCE NO. 1236 APPROVING PRE- ANNEXATION ZONE CHANGE NO. 2007-05 Mayor Magee opened the public hearing at 7:20 p.m. Community Development Director Preisendanz presented the staff report. He indicated the Planning Commission unanimously approved by resolutions the annexation. 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 7:26 p.m. Councilmember Buckley inquired if the unit count goes from 72 to 115 and inquired who was processing the application. Community Development Director Preisendanz confirmed the number of units, there were a number of owners and indicated the application is being processed by the City. Councilmember Buckley inquired if Lincoln Street was going through to Nichols Road. Community Development Director Preisendanz confirmed. It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to adopt Resolution No. 2007-190; approving Negative Declaration No. 2007-03 for Text Amendment No. 2007-04, Text Amendment 2007-05, General 9 Plan Amendment 2007-05, Zone Change (Pre-Zone) No. 2007-05 and Annexation No. 82 for the Running Deer Territory. 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 Councilmember Schiffner, and seconded by Mayor Pro T em Hickman to adopt Resolution No. 2007-191; requesting the Riverside County Local Agency Formation Commission (LAFCO), to commence proceedings to annex the territory designated as Annexation No. 82 into the corporate boundaries of the City of Lake Elsinore. 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 Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to adopt Resolution No. 2007-192; approving General Plan Amendment No. 2007-05. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY 10 COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilmember Schiffner, and seconded by Mayor Pro Tem Hickman to introduce Ordinance No. 1236; entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE-ANNEXATION ZONE CHANGE NO. 2007-05 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 (18) COUNCIL ADOPTS RESOLUTION NO. 2007-193. SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF LAKE ELSINORE WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING CODE. CALIFORNIA REFERENCE STANDARDS CODE. THE CALIFORNIA PLUMBING CODE. THE CALIFORNIA MECHANICAL CODE. THE CALIFORNIA ELECTRICAL CODE AND THE CALIFORNIA EXISTING BUILDING CODE AS AMENDED BY THE STATE OF CALIFORNIA REASONABLY NECESSARY FOR HOUSING OCCUPANCIES COUNCIL INTRODUCES ORDINANCE NO. 1237. ADOPTING BY REFERENCE VARIOUS CONSTRUCTION CODES WITH AMENDMENTS AND APPENDICES Mayor Magee opened the public hearing at 7:28 p.m. 11 Community Development Director Preisendanz 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. There being none, Mayor Magee closed the public hearing at 7:30 p.m. It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to adopt Resolution No. 2007-193; setting forth findings with respect to local conditions within the City of Lake Elsinore which make certain modifications and changes to the California Building Code, California Reference Standards Code, the California Plumbing Code, the California Mechanical Code, the California Electrical Code and the California Existing Building Code as amended by the State of California reasonably necessary for housing occupancies. 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 Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to introduce Ordinance No. 1237, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING AND REENACTING CHAPTERS 15.02, 15.04, 15.20, 15.24, 15.36, 15.38, 15.56 OF THE MUNICIPAL CODE, ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, KNOWN AS THE CALIFORNIA CODE OF REGULATIONS, TITLE 24 (CCR, T-24), INCORPORATING: THE INTERNATIONAL BUILDING CODE, 2006 EDITION; THE UNIFORM PLUMBING CODE, 2006 EDITION; THE UNIFORM 12 MECHANICAL CODE, 2006 EDITION; THE NATIONAL ELECTRICAL CODE, 2005 EDITION; THE INTERNATIONAL EXISTING BUILDING CODE, 2006 EDITION; THE INTERNATIONAL FIRE CODE, 2006 EDITION; AND AMENDING THOSE CALIFORNIA BUILDING STANDARDS AS IDENTIFIED HEREIN, THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY 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 (19) COUNCIL ADOPTS RESOLUTION NO. 2007.194; MAKING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN COUNCIL ADOPTS RESOLUTION NO. 2007.195; APPROVING CONDOMINIUM PARCEL MAP NO. 35707 Mayor Magee opened the public hearing at 7:32 p.m. Community Development Director Preisendanz 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. There being none, Mayor Magee closed the public hearing at 7:35 p.m. It was moved by Council member Buckley, and seconded by Councilmember Kelley to adopt Resolution No. 2007-194; making Findings of Consistency with the Multiple Species Habitat Conservation Plan. 13 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 Councilmember Buckley, and seconded by Council member Schiffner to adopt Resolution No. 2007-195; approving Condominium Parcel Map No. 35707. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEMS (20) COUNCIL APPROVES THE PARTNERSHIP BETWEEN THE CITY AND SCHOOL DISTRICT, DIRECTS STAFF TO INCLUDE FUNDS IN THE AMOUNT QE.j750,OOO IN THE APPROPRIATE FISCAL YEAR BUDGETS AND TO DRAFT A JOINT POWERS AGREEMENT FOR THE CONSTRUCTION AND USE OF THE TERRA COTTA MIDDLE SCHOOL GYMNASIUM Parks and Recreation Director Gonzales presented the staff report. He indicated this partnership is an opportunity for the City to join with the District not only to build a gymnasium but an opportunity to raise educational and recreational service levels in the community. 14 Greg Bowers, LEUSD, Assistant Superintendent of Operations and Facilities, provided a Powerpoint presentation on the construction of the gymnasium. He also thanked Council for this consideration. Fred Gualda, LEUSD Architectural Consultant, MGPA Architectur, Inc. discussed and reviewed the design concepts of the gymnasium. Councilmember Buckley inquired if the funds were coming from the existing Capital Improvement Plan. City Manager Brady stated $200,000 was coming from the Parks Fund and $183,000 from the General Fund Unallocated Revenue in two years, essentially coming out of the reserves. Mayor Magee stated this was an opportunity to take advantage of a State Grant in the amount of $1.5 million and stated he applauds the School District for stepping up and getting involved. He noted the City Parks and Recreation Director will be taking advantage of the use of the facility as often as possible which will provide the residents at the other end of town the same opportunities as those in the downtown area. It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to approve the partnership between the City and School District, direct staff to include funds in the amount of $750,000 in the appropriate fiscal year budgets and to draft a Joint Powers Agreement for the construction and use of the Terra Cotta Middle School Gymnasium. 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 APPOINTS MAYOR PRO TEM HICKMAN AND COUNCILMEMBER KELLEY TO SERVE ON THE AD HOC COMMITTEE WITH THE LAKE ELSINORE UNIFIED SCHOOL DISTRICT City Manager Brady presented the staff report. 15 Kim Cousins, LEUSD School Board representative, announced the LEUSD School Board appointed himself and Jeanie Corral as representatives on the Ad Hoc Committee. It was moved by Mayor Magee, and seconded by Councilmember Schiffner to appoint Mayor Pro Tem Hickman and Council member Kelley to serve on the Ad Hoc Committee with the Lake Elsinore Unified School District. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (22) COUNCIL ADOPTS ORDINANCE NO. 1233. DELETING AND RESERVING CHAPTER 17.06 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE RESOURCE CONSERVATION OVERLAY DISTRICT It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to adopt Ordinance No. 1233, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DELETING AND RESEVING CHAPTER 17.06 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING THE RESOURCE CONSERVATION OVERLAY DISTRICT The following roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE 16 ABSENT: NONE ABSTAIN: NONE (23) COUNCIL ADOPTS ORDINANCE NO. 1234. AMENDING AND RESTATING SECTION 17.25.020 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING RESIDENTIAL USES IN OPEN SPACE DISTRICTS It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to adopt Ordinance No. 1234, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING SECTION 17.25.020 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING RESIDENTIAL USES IN OPEN SPACE DISTRICTS 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 PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: (1 ) (2) Farmer's Market, Thursday, November 15th, from 4-7:00 p.m. on Main Street and Peck. The Lake Elsinore Chamber of Commerce Business Mixer will be held on Thursday, November 15th at the 74 Motorsports, from 5:30-7:30 p.m., located at Crane Street and Collier. The Lake Elsinore Outlet 6th Annual Tree Lighting Celebrations on November (3) 17 16th through the 18th from 10 a.m. to 6:00 p.m. located on Collier Avenue. (4) The Unity in the Community Parade will be held on November 1ih which starts at 10 a.m. (5) Farmer's Market, Thursday, November 22nd, from 4-7:00 p.m. on Main Street and Peck. (6) Cruz Nite will be held on November 24th from 5 - 9 p.m. downtown Main Street. (7) He also recognized Information/Communications Director Mark Dennis who worked in dealing with the press and setting up a lot of information, Lake and Aquatic Resources Department Director Pat Kilroy because it was his venue and staff that was used extensively, and Public Works Manager Bill Payne who put our emergency plan together over the past several years. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS Not present. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: (1) Requested an update with the Fairfield Apartments and when the residents will see any improvement in the situation. Public Works Directors Semaulo responded the City has been working with the Fairfield Apartments, Centex Homes and the Shoppoff Group who owns the property next to the apartments. He stated there are plans that have been distributed to the Engineer representing the County's residents as well as the Fairfield Apartments. He noted they placed a cost estimate to the plans which includes a sub-drain for subsurface water as well as surface drainage. He indicated an agreement is being worked out to allow the work being done and a couple of issues need to be worked out. He commented work will begin as soon as an MOU or an agreement can be worked out. He stated he did not know when the residents will see an improvement. (2) She expressed her sorrow for the fire that burnt down the Lake Elsinore Elks Club. (3) Announced the Christmas Tree Lane Fundraiser will be held at the Diamond on December 8th and 9th. (4) Wished everyone a Happy Thanksgiving. 18 Councilmember Schiffner commented on the following: (1) Thanked all those who helped with the Hawaii Marks Tanker and all those who helped with the fires. (2) Wished everyone a Happy Thanksgiving. Mayor Pro Tern Hickman commented on the following: (1) Announced the City had a safe Halloween for the kids. (2) Kudos to the Motocross event sponsors. He had heard good this about the event. (3) Invited everyone out to the Unity in the Community Parade on Saturday. (4) Kudos to the staff and the volunteers that did help the fire fighters. (5) As an Elk member wanted to thanked Trevi Lanes for helping out with the use of his building. He also announced the Elks Clubs was going to serve Thanksgiving dinner on November 21st with the help of the Parks & Recreation Department. (6) Wished everyone a Happy Thanksgiving. Councilmember Buckley commented on the following: (1) Inquired if the Fairfield Developers had any further projects before the City. Public Works Director Semaulo responded they did not. (2) Congratulated and thanked the sponsors of the motocross event. He also suggested making it an all weekend event. Mayor Magee commented on the following: (1) Thanked the Randy and Brandy Hiner for organizing such a wonderful event. He also thanked staff and former Council member Will Buck for assisting with the event. Mayor Magee adjourned the meeting at 8:07 p.m. LL VI IAN M.MUNSON CITY CLERK --.. 19