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HomeMy WebLinkAbout12-11-2007 City Council Minutes - MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 11,2007 **************************************************************************************************** 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 KELLEY COUNCILMEMBER SCHIFFNER ABSENT: COUNCILMEMBER BUCKLEY (arrived at 5:13 p.m.) Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Public Works Director Seumalo, Community Development Director Preisendanz, Parks & Recreation Director Gonzales, City Treasurer Weber and City Clerk Munson. CLOSED SESSION The City Attorney indicated the following item was to be discussed during Closed Session: (1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 9 54956.8) Property: APN 375-250-024 City negotiator: City Manager Brady Negotiating parties: City of Lake Elsinore and Claude J. Neal and Wanda J. Neal Under negotiation: Price and terms of payment It was moved and seconded to recess to Closed Session at 5:01 p.m. AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER 1 NOES: NONE ABSENT: COUNCILMEMBER BUCKLEY ABSTAIN: NONE RECONVENE IN PUBLIC SESSION - 7:00 P.M PLEDGE OF ALLEGIANCE Mayor Magee led the audience in the Pledge of Allegiance. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake and Aquatic Resources Director Kilroy, Public Works Director Seumalo, Community Development Director Preisendanz, Parks & Recreation Director Gonzales, Lieutenant Wilson, Fire Chief Hendershot, City Treasurer Weber, Planning Manager Weiner, Finance Manager Riley, Building/Safety and Code Enforcement Manager Chipman and City Clerk Munson. CLOSED SESSION REPORT City Attorney Leibold stated City Council met in Closed Session to discuss real property negotiations, pursuant to Government Code Section 54956.8, to include the price and terms of payment. The City Attorney indicated that there was no reportable action. PRESENT A TION/CEREMONIALS There were no presentations. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE There were no comments from the public. 2 COUNCIL APPROVED CONSENT CALENDAR ITEM NOS. 2 THROUGH 8 The following items were listed on the Consent Calendar for Council approval: (2) Minutes of the followinq meetinqs: a) Regular Meeting of November 27,2007. b) Special Meeting of November 27, 2007. Recommendation: Approve as submitted. (3) Warrant List Dated November 29. 2007 Recommendation: Authorize payment of Warrant List date November 29,2007. (4) Pine Street Rehabilitation and Pavinq - Notice of Completion Recommendation: Authorize the Mayor to sign the Notice of Completion and have the City Clerk file the Notice of Completion for recordation with the Riverside County Assessor-County Clerk Recorder. (5) Landscape Plan Check and Inspection Services, Selection of Consultant for Remainder of 2007-2008 Fiscal Year Recommendation: Authorize the City Manager to enter into a contract with David Evans and Associates, Inc. to provide landscape plan check and inspection services to the City of Lake Elsinore for the remainder of fiscal year 2007-2008. (6) Final Map No. 32575 Recommendations: 1) Approve Final Map No. 32575 subject to the City Engineer's acceptance as being true and correct. 2) Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation of Final Map No. 32575. (7) Resolution Initiatinq Proceedinqs and Approvinq the Enqineer's Report for the Annexation of Certain Territorv Known as APN 363-162-040 into the City of Lake Elsinore Landscape and Street Liqhtinq District No.1, as LLMD Annexation No. 21 (Diamond Professional Plaza) Recommendations: 1) Approve the Engineer's Report for Annexation No. 21 (Diamond Professional Plaza) to LLMD NO.1. 3 3) Waive further reading and adopt Resolution of Intention No. 2007-204 to annex property into LLMD No. 1 and to authorize the levy of an assessment within said district. Schedule the public hearing on Annexation Area No. 21 (Diamond Professional Plaza) for January 8, 2008. 2) (8) Resolution of Intention to Establish Community Facilities District No. 2007-6 (Holidav Inn Express) Recommendation: Waive further reading and adopt Resolution No. 2007-205 to establish Community Facilities District No. 2007-6 (Holiday Inn Express) and calling a Public Hearing for January 22, 2008. It was moved by Councilmember Kelley, and seconded by Mayor Pro Tern Hickman to approve Consent Calendar Item Nos. 2 through 8. 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 (9) Commercial Desiqn Review No. 2007-08. and a Subsequent Mitiqated Neqative Declaration for Mitiqated Neqative Declaration No. 2005-06 for Lake Elsinore T ovota Mayor Magee opened the Public Hearing at 7:03 p.m. Community Development Director Preisendanz indicated the proposed project was a Commercial Design Review for the design and construction of a new 76,386 square foot auto dealership for Toyota. He noted the Planning Commission recommended approval. Community Development Director Preisendanz requested two Conditions of Approval be added into the project as discussed at the 4:00 p.m. study session. He noted the applicant had agreed to the Conditions of Approval. 4 Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. Will Nicholas, Toyota Representative, stated they were excited about the project moving forward. He indicated they were comfortable with the Conditions of Approval stated by Community Development Director Preisendanz. He commented on the road improvements mentioned in Condition of Approval No. 46. Mayor Magee closed the Public Hearing at 7:08 p.m. It was moved by Mayor Pro Tem Hickman, and seconded by Councilmember Schiffner to waive further reading and adopt Resolution No. 2007-206 adopting Subsequent Mitigated Negative Declaration to Mitigated Negative Declaration No. 2005-06. 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 Buckley to waive further reading and adopt Resolution No. 2007-207 adopting Commercial Design Review No. 2007-08. Council member Buckley requested a Condition of Approval be added that Toyota would work with staff and follow staff guidance on additional landscaping or color schemes to break up the wall that meets staffs approval. Council member Schiffner requested the two Conditions of Approval also be added to the motion. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN 5 COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (10) Extension of Time for Tentative Tract Map No. 32786 Mayor Magee opened the public hearing at 7:14 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 also inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:15 p.m. It was moved by Council member Schiffner, and seconded by Mayor Pro Tem Hickman to waive further reading and adopt Resolution No. 2007-208 approving the request for an Extension of Time for Tentative Tract Map No. 32786 for twenty four (24) months or until October 12, 2009. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (11) Residential Desiqn Review No. 2007-13. for Fa<;;ade Improvements to an Existinq Apartment Buildinq Located at 16465 JOY Street (APN 379-132-009) Mayor Magee opened the public hearing at 7:16 p.m. Community Development Director Preisendanz presented the staff report. 6 Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Magee closed the public hearing at 7:17 p.m. Council member Buckley inquired what type of landscaping was being considered for the project. Community Development Director Preisendanz indicated the applicant was only requesting enhancements for the building. Councilmember Buckley inquired if landscaping for the project would be looked into. Community Development Director Preisendanz noted there was not a particular reason for staff to look at landscaping as far as improvements for the site. He indicated staff felt the improvements to the project warranted a recommendation of approval. Mayor Magee clarified the item was a voluntary improvement on behalf of the property owner to upgrade their existing investment. It was moved by Councilmember Schiffner, and seconded by Council member Kelley to waive further reading and adopt Resolution No. 2007-209 approving Residential Design Review No. 2007-13. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: COUNCILMEMBER BUCKLEY BUSINESS ITEMS (12) Second Readinq - Adoption of Ordinance No. 1238. Amendinq Section 9.96.140 of the Lake Elsinore Municipal Code Reqardinq Use of Hydroplane Vessels 7 It was moved by Councilmember Kelley, and seconded by Mayor Pro Tem Hickman to waive further reading and introduce Ordinance 1238. ORDINANCE NO. 1238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 9.96.140 OF THE LAKE 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 COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (13) 2008/09 CDBG Fundinq Parks and Recreation Director Gonzales presented the staff report. He stated the City is requesting $250,000 allocation of CDBG Funds for the following: City projects: Lake Community Center ($57,500); Machado Park Restroom ($80,000); Code Enforcement Structures Abatement ($50,000); Nuisance Abatement ($25,000) and for Public Service Programs: The Boys and Girls Club ($18,750) and H.O.P.E. ($18,750). Ron Hewison, Executive Director of the HOPE, provided statistics of HOPE's growth and the distribution of meals to citizens of Lake Elsinore, now and in the future. He also outlined those individuals that HOPE is helping. He requested City Council consider the poverty rates in Lake Elsinore. Councilmember Schiffner stated he regrets there isn't more money to allocate for these purposes and more discretion on how the money is allocated. It was moved by Councilmember Schiffner, seconded by Mayor Pro Tem Hickman to adopt the 34th Year Community Development Block Grant (CDBG) Program for Fiscal Year 2008-2009 and approve the submittal of the City's program to the County of Riverside. 8 The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE (14) Annual Financial Reports for the Fiscal Year endinq June 30, 2007 Administrative Services Director Pressey presented the staff report. City Treasurer Weber complimented Administrative Services Director Pressey on his presentation. He further complimented City Manager Brady for keeping the City's spending down. Councilmember Buckley inquired about the two items that were noted in the letter from the auditor. Administrative Services Director Pressey clarified the auditors issued a management letter for housekeeping issues regarding Investment Reports in accordance with the Government Code. He further noted the letter also touched on security and changing of passwords. It was moved by Council member Schiffner, and seconded by Mayor Pro T em Hickman to receive and file the Annual Financial Reports for the Fiscal Year ending June 30, 2007. The following vote resulted: AYES: MAYOR MAGEE MA VOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE - ABSENT: NONE 9 ABSTAIN: NONE (15) Web Site Replacement Proiect: Authorization to Finalize Scope of Work and Professional Services Aqreement with Vision Internet of Santa Monica. CA IT Supervisor Soto presented the staff report. He noted the City was embarking on a major web site replacement project that was long over due. Tom Johnson, Vision Internet Representative, gave a presentation on their company and the City's future web site. City Treasurer Weber inquired on the security of the site and if anyone has ever been able to hack into one of their sites. Mr. Johnson responded they have not had any recent attempts of anyone trying to hack into their one of their sites. He noted they had full security in place for the sites they host. It was moved by Councilmember Buckley, seconded by Mayor Pro Tem Hickman to authorize the City Manager and/or his designee to finalize a scope of work for the City Web Site replacement project and negotiate a professional services agreement with Vision Internet of Santa Monica, California. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE CALL TO ORDER THE PUBLIC FINANCE AUTHORITY AT 8:14 P.M. ROLL CALL PRESENT: CHAIRMAN SCHIFFNER VICE-CHAIR BUCKLEY MEMBER HICKMAN - MEMBER KELLEY MEMBER MAGEE 10 ABSENT: NONE (16) Joint Discussion - Resolution Authorizinq the Refundinq of Bonds for Community Facilities District No. 88-3 (West Lake Elsinore Public Improvements) Mayor Magee clarified the item would be a joint discussion and all members of the Public Finance Authority were present. Administrative Services Director Pressey presented the staff report. He noted Don Hunt and Dennis Anderson were present and available for questions. He indicated the bond issue would save money for the PFA. It was moved by Council member Kelley, seconded by Mayor Pro Tem Hickman to waive further reading and adopt Resolution No. 2007 -210 acting as the Legislative Body of City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore), authorizing the issuance of City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore) Special Tax Bonds, 2008 Series and City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore) Subordinate Special Tax Bonds, 2008 Series, approving the issuance of the Lake Elsinore Public Financing Authority Local Agency Revenue Bonds (CFD No. 88-3) 2008 Series A, and the execution and delivery of a Fiscal Agent Agreement, Commitment Agreement and Purchase Contracts, Purchase Contract and a Continuing Disclosure Agreement. 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 Member Kelley, seconded by Vice Chair Buckley to waive further reading and adopt PFA Resolution No. 2007-3 approving the issuance of Lake Elsinore Public Financing Authority Local Agency Revenue Bonds (CFD No. 88-3 Refunding) 2008 Series A in the aggregate principal amount not to exceed $23,000,000; approving an Indenture of Trust, a Purchase Contract, an Escrow Agreement, a Preliminary Official Statement and Commitment Agreement and Purchase Contracts for the purchase of local obligations of the 11 City of Lake Elsinore Community Facilities District No. 88-3 (West Lake Elsinore); 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 RECESS THE PUBLIC FINANCE AUTHORITY (17) Request for Support to Desiqnate Old Route US 395 as a Historic Route City Manager Brady presented the staff report. He noted the request had been made by Assemblyman Jeffries. Mayor Magee indicated he had received a letter of support from the Riverside County Historical Commissioner. He noted he had received verbal support from the president of the Lake Elsinore Historical Society. It was moved by Councilmember Schiffner, seconded by Councilmember Kelley to authorize the Mayor to send a letter to Assemblyman Jeffries in support of his proposed legislation to identify Old Route 395 as a Historic Route. The following vote resulted: AYES: MAYOR MAGEE MAYOR PRO TEM HICKMAN COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE - ABSTAIN: NONE 12 (18) Re-Orqanization of the City Council Mike Norkin, resident, congratulated Council for a job well done. He thanked Mayor Magee for his vision and leadership. He noted it had been an honor to serve as the PSAC Chairman. Mayor Magee opened the floor for nominations of the office of Mayor. It was moved by Councilmember Schiffner, seconded by Council member Kelley to nominate Council member Kelley for the office of Mayor. It was moved by Councilmember Buckley, seconded by Mayor Pro Tem Hickman to nominate Councilmember Hickman for the office of Mayor. Mayor Magee closed the nomination and directed the City Clerk to conduct a roll call vote. The following roll call vote resulted for Councilmember Kelley for Mayor: AYES: COUNCILMEMBER KELLEY COUNCILMEMBER SCHIFFNER NOES: COUNCILMEMBER BUCKLEY COUNCILMEMBER HICKMAN COUNCILMEMBER MAGEE ABSENT: NONE ABSTAIN: NONE City Clerk Munson announced the nomination failed. The following roll call vote resulted for Councilmember Hickman for Mayor: AYES: COUNCILMEMBER BUCKLEY COUNCILMEMBER HICKMAN COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: COUNCILMEMBER KELLEY ABSENT: NONE ABSTAIN: NONE Council member Magee turned the meeting over to Mayor Hickman. 13 Mayor Hickman opened the floor to nominations for Mayor Pro Tem. It was moved by Councilmember Buckley, seconded by Council member Kelley to nominate Council member Kelley for office of Mayor Pro Tem. There being no further nominations, Mayor Hickman closed the nomination and directed the City Clerk to conduct a roll call vote. The following roll call vote resulted for Councilmember Kelley as Mayor Pro Tem: AYES: COUNCILMEMBER BUCKLEY COUNCILMEMBER KELLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER MAYOR HICKMAN NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCIL RECESSED AT 8:09 P.M. COUNCIL RECONVENED AT 8:17 P.M. PUBLIC COMMENTS Chris Hyland, resident, congratulated Councilmember Hickman on his nomination for Mayor. She noted her concerns with street improvements. She indicated contractors have left numerous potholes on Machado Street. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Farmer's Market, December 13th 2) Community Blood Drive, December 13th 3) Winterfest & Holiday Tree Lighting Ceremony, December 14th 4) Senior Center Winter Wonderland Christmas Party, December 14th 5) Cops 4 Kids event, December 15th CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 14 1) Welcomed back Council member Schiffner. 2) Congratulated all the new officers. 3) Wished everyone happy holidays. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Noted the City did a good job forecasting the budget. 2) Noted Councilmember Magee did a wonderful job as Mayor. CITY COUNCIL COMMENTS Mayor Pro Tern Kelley commented on the following: 1) Congratulated the Elks Club for their successful Christmas Tree Lane. 2) Welcomed back Councilmember Schiffner. 3) Congratulated Mayor Hickman. 4) Stated Council member Magee did a wonderful job as Mayor for the past three years. 5) Wished everyone a Merry Christmas and a Happy New Year. Councilmember Schiffner commented on the following: 1) Congratulated Mayor Hickman. 2) Thanked Council member Magee for doing an outstanding job as Mayor for the past three years. 3) Thanked Mayor Hickman, Council, City staff and residents of Lake Elsinore for their cards and well wishes regarding his recent medical condition. Councilmember Magee commented on the following: 1) Thanked everyone for their compliments and stated it was a team effort. Councilmember Buckley commented on the following: 1) Welcomed back Council member Schiffner. 2) Thanked the City's Librarian, Emily Gerstbacher, for her years of service. 3) Thanked Councilmember Magee for the past three years he has served as Mayor. He stated he did a wonderful job. 4) Wished everyone Happy Holidays. Mayor Hickman commented on the following: 1) Stated Council member Magee did an excellent job as Mayor for the past three years. 15 2) Welcomed back Councilmember Schiffner. 3) Congratulated Councilmember Kelley. 4) Stated he was honored to serve as Mayor. 5) Asked City staff to look into foreclosed homes and to see if there is some way to get the banks or title-holders to be responsible for maintaining the landscaping of foreclosed homes. He noted the dead lawns were blighting the neighborhood. It was moved and seconded to adjourn to a regular meeting on January 8, 2008, at 5:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMEMBER BUCKLEY COUNCILMEMBER MAGEE COUNCILMEMBER SCHIFFNER NOES: NONE ABSENT: NONE ABSENT: NONE Mayor Hickman adjourned the meeting at 8:31 p.m. AT]:;EST: V~ L. ~ VIVIAN MUNSON, CITY CLERK CITY OF LAKE ELSINORE 16