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Home My WebLink About11-27-2007 City Council Minutes MINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 27,2007 **************************************************************************************************** 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 ABSENT: COUNCILEMBER SCHIFFNER CLOSED SESSION City Attorney Leibold indicated the following item was to be discussed during Closed Session: (1) CONFERENCE WITH LEGAL COUNSEL..ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: one potential case. The Regular City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION l7:00 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. 1 ROLL CALL - 7:00 P.M. PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY ABSENT: COUNCILMEMBER SCHIFFNER 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, Information/Communications Manager Dennis, Parks & Recreation Director Gonzales, Chief of Police Fetherolf, Community Development Director Preisendanz, Planning Manager Weiner and City Clerk Munson. PRESENTATION/CEREMONIALS (2) Presentation to Seraeant Mark Cordova Mayor Magee presented a proclamation to Sergeant Mark Cordova in recognition for his years of service to the City. (3) Presentation of Blue Star Proaram Recipients Mayor Magee presented certificates of achievement to the following Blue Star Program Recipient families: Private 2nd Class Jose Castro; Staff Sergeant Christopher de la Fuente; David K. Travers, Interior Communications Seaman Apprentice; Sergeant Asa Walker and Betty Jane Lane who was the co-founder of Lake Elsinore's Chapter of the Blue Star Mothers of America over 30 years ago. All of the recipients and their families thanked the City for their recognition. (4) Mayor Magee presented certificates of appreciation to the owners of Elsinore Valley Rentals, Ms. Rita Wilsey and Desiree Ekstein and Mary Stiles, Manager of Starbucks for their assistance during the Hawaii Mars Air Base Operations during the 2007 fires. (5) Mayor Magee introduced Ms. Janna Kaas, the Chairperson of the Unity 5-K Run Committee, who presented stipends to four organizations who were selected by the Unity 5-K Run Committee. The recipients were as follows: The Southwest Boys and Girls Club received $500; Community Connections received $500; COPS 4 Kids received $1,000 and HOPE received $1,500. (6) Mayor Magee presented a plaque to Randy and Brandi Hiner, owners and operator of the Motocross Park for being the "Business of the Quarter." 2 (7) Nancy Hunzeker, 151 Vice Chair of the Board for the Chamber of Commerce provided an update of Chamber activities. CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion item as listed above. She noted that Item NO.1 was discussed and there was no reportable action. PUBLIC COMMENTS - NON.AGENDIZED ITEMS - 1 MINUTE Ruth Atkins, representing the Historical Society, announced the Holiday Home Tour. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 8 THROUGH 19 The following items were listed on the Consent Calendar for Council approval: (8) Minutes of the Followinq Meetinq(s) Recommendation: Approve the following minutes: a. Special Joint City Council/Redevelopment Agency Study Session meeting of August 30,2007. b. Joint City Council/Redevelopment Agency Study Session of November 13, 2007. c. Regular Meeting of November 13, 2007. (9) Warrant List Dated November 15. 2007. Recommendation: Authorize payment of Warrant List dated November 15, 2007. (10) Investment Report for October Recommendation: Receive and file. (11) Claim Aqainst the City Recommendation: Reject the claim listed in the staff report and direct the City Clerk's Office to send a letter informing the claimant of the decision. (12) Winterfest Celebration and Street Closures Recommendation: Approve closure of Main Street for Winterfest. (13) Purchase Authorization for Storaqe Area Network System (SANS) Recommendation: It is determined to be in the best interest of the City to waive the informal-bidding process and authorize the City Manager to sign and issue a 3 purchase order to Nth Generation Computing, Inc., a HP certified vendor, to acquire and install the SANS device. (14) Authorization for City Manaqer to Enter into a Contract with HDR. Inc. to Prepare CEQA Compliance Documents for the Proiect Known as "Onterra Holdinqs, LLC" (Previously Known as "Bastion Development") Recommendation: Authorize the City Manager to enter into a contract with HDR for the greater amount associated with the EIR process for $149,050; however, the applicant should only be required to deposit the amount associated with an MND ($89,300) until a CEQA document determination has been made. (15) General Plan Update Recommendation: Receive and file. (16) Resolution of Intention to Annex Property Into Community Facilities District No. 2007-1 (Law Enforcement, Fire and Paramedic Services) and to Authorize the Levy of a Special Tax Within Annexation Area No.1 (Red Kite) - Recommendations: 1) Waive further reading and adopt Resolution of Intention No. 2007-196 to annex property into Community Facilities District No. 2007-1 (Law 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. 1 (Red Kite) for January 8, 2008. (17) Resolution Approvinq a Deposit and Reimbursement Aqreement, Resolution of Intention to Establish Community Facilities District No. 2007-5 (Red Kite) and Resolution of Intention to Incur Bonded Indebtedness Recommendations: 1) Waive further reading and adopt Resolution NO.2007 -197 approving a Deposit and Reimbursement Agreement relating to the City of Lake Elsinore Community Facilities District No. 2007-5 (Red Kite). 2) Waive further reading and adopt Resolution of Intention No. 2007-198 to establish City of Lake Elsinore Community Facilities District No. 2007-5 (Red Kite). 3) Waive further reading and adopt Resolution of Intention No. 2007-199 to incur bonded indebtedness in the amount not to exceed $2,500,000 within the proposed City of Lake Elsinore Community Facilities District No. 2007-5 (Red Kite). (18) Sidewalk Construction. Various Locations - Chanqe Order NO.1 4 Recommendations: 1) Approve Change Order No.1 for $58,041.50 for E.G.N. Construction, Inc. 2) Authorize the City Manager to execute Change Order NO.1 with E.G.N. Construction, Inc. for $58,041.50. (19) Aqreement to Reimburse TUMF Funds for Riqht-Of-Wav Costs of SR74/115 Interchanqe Proiect Recommendation: Authorize the Mayor to sign an agreement on behalf of the City for TUMF reimbursement. It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman, to approve the Consent Calendar Items No.8 through 19. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY NOES: NONE ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE PUBLIC HEARINGS (20) COUNCIL ADOPTS RESOLUTION NO. 2007-200; ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2007-5 COUNCIL ADOPTS RESOLUTION NO. 2007-201; ADOPTING FINDINGS THAT THE ENTITLEMENTS ARE CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN COUNCIL ADOPTS RESOLUTION NO. 2007-202; APPROVING GENERAL PLAN AMENDMENT NO. 2007-14 COUNCIL ADOPTS RESOLUTION NO. 2007-203; APPROVING INDUSTRIAL DESIGN REVIEW NO. 2006-03 Mayor Magee opened the public hearing at 7:45 p.m. Community Development Director Preisendanz presented the staff report. He also noted a change to Condition No. 17. 5 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 closed the public hearing at 7:49 p.m. It was moved by Mayor Pro Tem Hickman, and seconded by Council member Kelley to adopt Resolution No. 2007 -200, adopting Mitigated Negative Declaration No. 2007-5. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY NOES: NONE ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Kelley to adopt Resolution No. 2007-201, adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY NOES: NONE ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Kelley to adopt Resolution No. 2007-202, approving General Plan Amendment No. 2007-14. 6 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY NOES: NONE ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE It was moved by Mayor Pro Tern Hickman, and seconded by Council member Buckley to adopt Resolution No. 2007-203, approving the Industrial Design Review No. 2006-03 to include the change to Condition No. 17. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY NOES: NONE ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE (21) COUNCIL ADOPTS ORDINANCE NO. 1237. ADOPTING BY REFERENCE VARIOUS CONSTRUCTION CODES WITHH AMENDMENTS AND APPENDICES Mayor Magee opened the public hearing at 7:56 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 7:58 p.m. It was moved by Councilmember Buckley, and seconded by Mayor Pro Tem Hickman to adopt the following ordinance: 7 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 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 NOES: NONE ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE BUSINESSS ITEMS (22) COUNCIL INTRODUCES ORDINANCE NO. 1238. REQUIRING A SPECIAL EVENT PERMIT TO OPERATE HYDROPLANE VESSELS ON LAKE ELSINORE Lake & Aquatic Resources Director Kilroy presented the staff report. Pete Dawson, resident, spoke in favor of the ordinance. He also indicated the PSAC or the City Council should also look at requiring jet boats that can exceed in excess of 180 mph to obtain special permits. It was moved by Council member Buckley, and seconded by Councilmember Kelley to introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 9.96.140 OF THE LAKE 8 ELSINORE MUNICIPAL CODE REGARDING USE OF HYDROPLANE VESSELS The following roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY NOES: NONE ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE (23) COUNCIL ADOPTS ORDINANCE NO. 1235: AUTHORIZING THE LEVY OF SPECIAL TAX WITHIN ANNEXATION NO. 2 (CALIFORNIA BUSINESS CONDOS) ANNEXED TO SAID DISTRICT City Manager Brady presented the staff report. It was moved by Councilmember Kelley, and seconded by Council member Buckley to adopt the following ordinance: 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 roll call vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY NOES: NONE ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE 9 (24) COUNCIL ADOPTS ORDINANCE NO. 1236; APPROVING PRE-ANNEXATION ZONE CHANGE NO. 2007-05 City Manager Brady presented the staff report. It was moved by Councilmember Buckley, and seconded by Mayor Pro Tem Hickman to adopt the following ordinance: 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 NOES: NONE - ABSENT: COUNCILMEMBER SCHIFFNER ABSTAIN: NONE PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: (1) Farmer's Market, Thursday, November 29th, from 4-7:00 p.m. on Main Street and Peck. (2) Historical Society Meeting. (3) Lake Elsinore Chamber Mixer on December 6th. (4) Winterfest being held on December yth from 6-9:00 p.m. CITY ATTORNEY COMMENTS City Attorney Leilbold congratulated Sergeant Mark Cordova. CITY TREASURER COMMENTS No comments. 10 CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: (1 ) (2) Reminded everyone about the Christmas Tree Lane at the Diamond Stadium on December 8th and 9th, between 9 a.m. - 5:00 p.m. She also wished Council member Schiffner a speedy recovery. Mayor Pro Tern Hickman commented on the following: (1) Announced how the Elks Club was successful in providing much needed meals during Thanksgiving. (2) Wished Councilmember Schiffner a speedy recovery. Councilmember Buckley commented on the following: (1) Thanked Sergeant Cordova for his many years of service to the City. Mayor Magee commented on the following: (1) Wished Councilmember Schiffner a speedy recovery and stated that he was missed. - Mayor Magee adjourned the meeting at 8:20 p.m. ATr~ST: V~ l.L_ VIVIAN M.MUNSON CITY CLERK 11